Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-09

lips standing He did not have on q orav
shawl. Did not see John Maltsby at time
Bebee came down. Was on pavement at
time Bebee was shot; have no idea who
fired the pistol. Saw Toler second after
Saw him have no pistol. Did not see John
Armstrong; heard his mouth under the
market.
Re-Direct Gave the same testimony ba.
fore the Coroner's Jury. Was only asked
g if knew who fired the pistol" replied
a" did not" The pistol fired rather 10
my right and Phillips was rather to nv W.
left about fifty persons there Immediate.
ly after the pistol fired, saw Captain Tolar
about five feet from the spot.
Robert Simmons, (negro), sworn. live
In Fayetteville and keep grocery known
Archy Bebee, saw him last at market house
some time IN February, went to hear his
trial talked with Tom Powers there saw
Capt. Tolar afterwards, also saw Ed. Pow
ers, Hall, Lutterloh and Sykes Saw Archv
brought down, rush was made towards
him. Saw g Monk Julia" and Tom Pow
ers have knives with blade about three or
four inches long, heard somebody say ego
ahead Monk :; and shoot" shoot. y
Saw Capt. Tolar go forward and shoot Be-
bee, know Capt. Tolar well, used large
navy revolver; saw Sam Phillips there
with pistol in his hand !; saw monk"
and Tom Powers try to cut Bebee just be-
fore he was shot.
Cross Examined Have known Captain
Tolax two years. Never had any difficulty
with him about buggy; bought one from
man that he claimed, but settled the mat
ter. Never have tried to persuade anybody
to testify against Tolar; saw Maultsby, but
did not see him get on bench. My atten-
ton was called by Calvin Johnson, who
said, "look here, they are going to kill
that man." Saw Tolar fire the pistol; he
had on a pistol; Tolar's pistol was longer
than that Of Phillips.
Re Direct.-Don't know what men were
between Tolar and Bebee when he was shot;
saw Tolar talking to Mr.. Ed. Powers and
Mr.. Lutterloh after the shooting.
Court adjourned 10 II o'clock (this) We'd
nesday morning.
WEDNESDAY, July 81, 1867.
Jessie Reynolds, S1CO1m: Live in Fayette-
vile, am % years of age ; was at the mar
ket house the day Archy Bebee was killed.
Saw Tolar, John Maltsby, Tom Powers
and ''Monk - about hundred or more
persons there heard Maultsby say eff
Arcy was not guilty, he (Maltsby) was
Archy's friend but if he was guilty, he was
in for it." Saw Bebee come down, and Miss
Masse little while before him saw Pow
ers catch hold of Bebee, and Wemiss push
him of. Saw 'Monk" go up to Bebee at
the same time Bebee was shot soon after
leaving the arch. Don't know who fired
the pistol. Did not see Tolar when the
pistol fired.
Cross eranained Never saw Maltsby do
anything that day saw the prisoner, Be
bee, brought down stairs. Powers caught
hold of the prisoner, but was pushed off
did not see him have knife. "Monk"
had knife in his right hand was about
ten or twenty feet from Bebee when he was
shot saw Sam Phillips there about five
minutes after Bebee was shot had pis-
tol in his hand about ten inches long he
was rubbing the pistol +; did not see any
body else have a pistol know Captain
Tolar.
Redirect :-Maltsby said, "if Archy was
not guilty, he (Maltsby) was his friend, but
if Archy was guilty, he (Maltsby) was in for
it." Phillips seemed to be scratching the
rust off his pistol about five minutes after
he was shot.
Henry Hagan, (negro,) sworn Lived in
Fayetteville; live now in Raleigh am
shoemaker by trade was at the market
house the day of Bebee's trial. Saw
"Monk in the crowd, when Archy was up
stairs also, Mr.. Sykes and MI. Simmons );
saw the boy, Bebee, coming down stairs
| ldru1o au( W0uISS were Will ulLl, saw
the crowd rush towards Bebee; Sykes and
"Monk " were in it !; heard Tom Powers
say Sc demand the prisoner" or something
to that effect; did not see any weapons
then. After Bebee got out on the side
walk, heard somebody say "sho0b him, !"
"shoot him ;" saw Capt. Tolar fire the pis-
toll and Bebee fall John Armstrong was
the nearest man to Tolar when he fired
Heard some one in the crowd ask if Bebee
was shot, and, being answered eyes"
pulled off his hat and said "hurrah hur-
rah !"
C1'oss-eranained.- Have had some CONVEX
sation with Phillips about this matter since
I have been here. Phillips and Nixon came
round to my shop and asked me about the
matter told them I saw Capt Tolar fire
the pistol, and that was about ALL Phillips
came after me and told me to go before
Gen. Avery. Was about three or four feet
from the sidewalk when the pistol fired !;
was about seven feet from Bebee at the
same time; did not see Bebee fall down
before he was shot. Did not see Tolar be-
fore l saw him in, the act of shooting. saw
him fire the pistol and either put it under
his lett arm or in his left pocket, saw him
throw back bis shawl and it struck Arm
strong in the face or on his shoulder. l
was about four feet from Tolar. Armstrong
|
| Redirect. Had a conversation with Phil
lips last Saturday. Mr.. Nixon was present.
/ Court adjourned until this Thursday
morning, IL A. M.
Padding.
Miss Olive Logan, in her article in the
GALAXY on the LEG Business" or the
"Naked Drama, gives note from one who
makes ''pads" for the dancing "artista"
who have physical imperfections. These
''pads," she says are made in Philadelphia.
| We quote:
''Such little inaccuracies as knock knees
and bow-legs, trifing errata in Natures
original edition, remarkable for their fire.
quency in the human family, especially
those misguided members of it who have
rashly chosen the stage as q vocation, are
nimbly rectifed by the pad professor. L
saw letter from one of these the other
day, which may be worth producing here
for the sake of its righteousness. That it
is genuine document pledge my word.
It ran thus :
'PHILADELPHIA-MRm Them ties is
finished your knees will be o Kwhen you