Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-30

~@No
in front of the main arch. Have known
Capt Tolar about two Yeas, but onlv
slightly. Cenld not be mistaken about
the man. Did not see who fred the pistol
Cross Er1mined: Had been sitting hv
the window fifteen minutes-the LARGO
window marked on the diagram heard the
noise outside and got up and raised the
small window. First saw Miss Massie drive
off in carriage, which attracted witness,
attention; it was about FIVE or ten minutes
before Bebee was killed. Did not 90 to
the small window until afterwards, some
five or ten minutes heard some one cry
out, g stop the niger. he will get away,S
and "shoot him" Then witness raised
the small window and looked out Saw
Capt. Tolar and one or two others inst he
fore and at the time the pistol fired Capt.
Tolar had on gray shawl, and was stand.
ing just Iii front of the main arch. Maltsbv
and Sykes were nearest him. Witness at.
tention was drawn from Capt. Tolar bv
the smoke of pistol about three feet from
Bebee.
Witness has told one or two persons of
this before also Mr.. Fuller, one of the
counsel for the defence. Only knew Tolar
by sight; never had personal acquaint-
ance with him.
Redirect: Had seen Tolar quite fire.
quently at Mr.. Taylors store, Just op-
posite her husbands Office. The smoke of
the pistol witness saw was just to the left of
Bebee
George ". HoHingsUortb, SacoJm: Aged
seventeen. Live in Fayetteville. Father
is named Isaac; his place of business is No.
81 Person St.,-one hundred and twenty
six yards from the market house. Was at
his fathers store at the time Bebee was
killed. Had just returned from hunting
about ten minutes before. Did not go to
the market house until about ten or fifteen
minutes after Bebee was killed. Witness
did have a pistol on that day. Did not
cry out, '' Hurrah for Capt. Tolar"
! Cross. eranaialed: Had been hunting with
Willie Porter; we met "Monk" at Camp
belltown. He told us of an attempt to com
NIT rape upon Miss Massie by negro
man, but said nothing further about it, OK
cept that the negro had been caught
MOnk" soon afterwards left u.s. Willie
and witness then went home and divided
their birds, and witness went to his broth
er's store, opposite his fathers store. Pret-
ty soon his father called him over and for
babe him going up to the market house.
Willie Porter kept on up towards the mar
lzet house. Witness is certain that he was
at his fathers store the time Bebee was
killed and did not go to the market house
until some minutes afterwards, and that he
did not make the remark that 9 Captain
Tolar killed him."
In answer to question OF the counsel
for the defence, the Judge Advocate stated
that he expected the witness from Fort Ma
con this afternoon.
The Court adjourned to meet Tuesday at
II A. NJ.
On yesterday, (Tuesday,) however, the
witness not having arrived, the Court adj
Ijourned until this "wednesday morning,
at IL o'clock.
WEDNESDAY, Aug. 81, 1867.
R0lpA g. LutterLoh, SW0rn: Live in Fay
etteville Has been in Fort Macon for the
last three weeks Was subp9naed as wit
ness before arrested. Was at the market
house, in Fayetteville, the day Bebee was
killed went there with Ed. Powers. Be
bee was up stairs when we got there. There
was large crowd there, among them Capt
Tolar, Ed. Powers and Mr.. Leggitt. w,
made no arrangements to kill Bebee We
did not talk OF killing him. Saw the ladies
come down and go to the carriage Mir
Bond met them; did not see any other gen
tlemen go to the carriage. Saw Bebc,
brought down !; did not see John Maltsby
, or any one else, Jump up on the bench an'
cry out "watch out, boys" or anything
: else When Bebee got out on the pave
ment he tried to get away from the police
, saw excitement in the crowd at that time
Witness was standing on the pavement Il
: front of the large eastern arch; saw "Monk
trying to get to Bebee. Bebee was JUS
opposite the South edge Of the souther
arch when he was shot. Heard the plsto
: shot did not see the smoke or flash; don
{ know who fired the pistol thinks Legglt
| and Powers were near him at the time
! can't say as to Tolar. As soon as the pr
I toll fired, witness looked around to his ie
= and rear and saw Sam Phillips have plstt
$ in his right hand, and down by his riGi
0 side; it was large pistol.
= Cross Examination Not related to Mis-
& Massie. Heard of the attempt upon hc
: that morning. Heard nothing OF gong
Il lynch Bebee Swears solemnly he knew {
v nc combination to kill Bebee. Saw Lee
:. gift, Tolar, Nixon and Sam Hall at markC
J., house. Saw Miss Massie-come down sa
l. her weeping. Some one said, "see no
II she is bruised" Crowd increased to 100 {
! 200 persons followed Bebee out on til
II pavement saw signs of excitement; hear
o police say "keep back - saw Bebee tryln
e to get away. Heard pistol fire to left an
r rear No one passed Il pistol to witnes
J. Soon after the shooting, some two or thr(
e minutes, some boys said that Capt Iol'
e shot him. Have never heard Tolar So
u that he did not have pistol that day ID
d not see "Monk' have pistol saw Nike
If catch hold of him.
To Tie Courts Questions Witness thin
he was facing southeast, towards Davl
store can't tell Hardie's position when Il
pistol fired, but saw him soon afterwar
rubbing his neck.
$. Edtcard p. POIcerS, sworn Is mercha
in Fayetteville, business place on Hi
street, about half mile from market hous
c. next door to Ralph Lutterloh went WI,
ell Ralph Lutterloh to market house the "a
IF Bebee was killed, at about 3! in the alte
ii noon. Met .Tolar there, and, as he u;
le been absent in Bladen county some eng
+ or ten days, witness went up and spoke
s, him and talked with him while. The
+ were fifty or sixty persons under the mark
O; house when we got there.
le Bebee was up stairs. Witness saw lie
ii. gift there; Tolar, Leggitt, LutterloI al
r. witness were standing together; they talk
I'd about the attempt on Miss Massle, as &"
til several others present. Witness hea
9 some one behind him say that Bebee d
I'd served death, but he (witness) and othe
=. o..l;o1 xot ,rl;la he was in the hands