Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-09
From the Raleigh Sentinel, July 81
THE MILITARY COMMISSION.
United States vs.. To1ar, NcRae and Others
SUMMARY OF EVIDENCE.


This trial commenced the 22d inst The
prisoners, five in number, were arraigned
on a charge of murder Specification, that
Captain Tolar committed the act, and that
all the others were present, aiding and
abetting
Messrs. Phillips and Battle of this city,
were allowed the prisoners as counsel, to
which the Hon. Thomas Fuller, of Fayette-
vile, has since beer added.
On Wednesday OF Thursday, n0He pros
was entered as to Phillips. one of the pris-
oners. Those then remaining were Ma or
Duncan G.. McRae, Captain William J. To-
lar, Thomas Powers, David Watkins, called
"Monk Julia, with several other aliases.
The facts of the case are about as follows :
On the 18th of last February, in Fayette-
vile, negro named Archibald Bebee was
carried before a Magistrates court, to be
Investigated in regard to a rape which he
had attempted on a Miss Massie, highly
respectable young lady of that place
Quite crowd had collected at the Town
Hall, the place of his examination, various
ly estimated at from fifty to two hundr@d
persons by the different witnesses. After
the investigation before Major Duncan G.
McRae and his associate Justices, the Sher-
itf was ordered to take him back to prison.
On descending the steps and reaching the
ground-hoor of the market house, (aboye
which was the Town Hall, an attempt was
made to take him from the Sheriff, and
persons were heard to demand him. Ac-
cording to some of the witnesses an assault
was made on Bebee with knives by Thomas
Powers and monk" These were driven
off, but, soon after leaving the eastern end
of the building, and near its corner, q shot
was fired by some one close behind, which
-, o4oI I, 1oo L. Il
close to his left ear, which killed him a.
most instantly.
A Coroner's Jury was called to investi-
gate the affair, which sat for several days.
and rendered verdict that the deceased
came to his death uy pistol shot fired by
some person unknown.
The first three witnesses examined on the
prosecution were lattte,O Learn, J,ue., John
Armstrong, and LeaUis Smith, all negroes.
They all swore positively that an assault
was made on Bebee by Watkins and Pow
ers, first, with knives, and that they saw
Captain Tolar fire the shot which killed
him that one of them was within two feet
of him when he fired, and that another
John Armstrong; said to him, 'there Mr..
Tolar, you have killed that poor man !'
One testified that he saw pistol like
that Capt. Tolar used passed through the
crowd Immediately afterwards. They all
stated that Tolar shot from behind, and
that at the instant the pistol fired, Bebee
was facing South, and Wemiss, one of the
deputy sheriffs, was Immediately on Bebee's
right, and sheriff Hardie was in front of
Wemiss, and in front and to the right of
Bebee.
Dr.. 1NcDutie was next examined, and
testified chiefly as to the character of the
wound and condition of Bebee after being
shot.
NJ. Robert Ha1oie, Sheriff of the county,
was next examined and testified that, hav-
ing been told by some one that morning
that the people were highly enraged, he
ordered the town police to be at the guard
house at three o'clock that afternoon to
guard the prisoner down to the town hall 4
that he, assisted by them and Mr. Wemiss,
carried the prisoner down, saw considera-
bic crowd gathered, but heard no threats
made, nor felt alarm for safety of the pris-
oner passed through the crowd and carried
him up the steps into the town hall without
meeting with any disturbance found Nc
Rae and others up there went out twice for
short time on business, then remained un-
til the investigation was over. McRae was
sitting with the other magistrates at table
near the southwest corner of the room
and between the table and the west wall
left him seated there when he started back
to the guard house with Bebee He went
down Stairs first, followed by Bebee, with a |
guard on either side and policemen in rear
heard no outcry or loud voice until passing