Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-23
From the Raleigh Sentinel.
TIE MILITARY COMMISSION.
United States VS.. Tolar. Powers o ""'
MONDAY, Aug. IL, 1867.

bee was killed saw Tolar, "Monk, Pow
ers and others there Saw Tolar standing
off leaning against pillar, with his hand
in his breast, as if he held knife or pistol.
Saw Bebee coming down stairs no assault !
was made on him on the stairs. Tom Pow
ers caught hold of him just after he got on |
the floor. and told him he (Bebee) could
not 90 any further. "Monk" was about
four feet off with knife in his hand. AS
Bebee went out, Tolar moved out after him.
Witness was within two feet of Tolar when
he stopped and pulled out pistol, cooked
and fired it, killing Bebee AS soon as he |
fred he threw back his shawl. that had be-
come disarranged. Did not see what be-
came of the pistol AS Bebee was going
out the market house, there were cries OF
''shoot him." Saw no other weapons but
Tolar's and Monks except Holdings,
worth, who had pistol. Some one SAID
out in the crowd, that little boy cried out
that Capt Tolar shot him." There were
some persons between Tolar and myself
when he fired, and between Tolar and Be-
bee Saw the pistol Tolar used. It was a
large Colts pistol After Bebee was killed,
Monk" started to him with knife In his
hand. and Mr.. Nixon took him and carried
him away. Saw Phillips there with PTS
tol.
Cross E:ronaiued:-Wa summoned last
Friday. Went to Sam. Phillips store about
| dark the day Bebee was killed; he did not
show me his pistol nor did we talk about
| this matter, nor have we since, at any time.
Can't say whether Hardee was with Bebee
| or not. when he was brought from the
guard house. Saw Tom Powers sitting on
a bench, while Bebee was up stairs; he was
saying nothing. Saw Iolar when he came
ND in the crowd; he came and took stand
against the northern pillar of the eastern
arch: saw Leggitt talking with him. Did
not hear what they were talking about
Tolar had on a shawl; saw something I'M
der the shawl which witness thought was a
pistol When first saw Bebee coming down
stairs, witness was on his right and had
string around Bebee's thumb; Hardee was
right behind him. Faircloth was also with
him. Did not see John Maltsby Jump up
on bench, nor hear him cry out. Did
not see John Maltsby at ALL Miss Massle
and mother came down about ten or htteen
minutes before Bebee MIR. Bond went out
to the carriage with them and witness fol-
lowed them to look at Miss Massie. She
called to Tom Powers, and told him mot
to have ANYTHING to do with 1t; he left the
carriage and went back under the market
ND o Becky Bens stall. (Here diagram
was shown witness and the place pointed
out) Tom Powers caught Bebee with his
RIGHT hand. Witness heard Powers say to
Bebee, "Hold on, you can't go any fur
tner" Did not see a knife in his hand
Saw the clubs of the policemen used but
once Witness was about five feet from
Powers at the time Powers caught hold OF
Bebee The rush was made at that time
Toar was not in it. About that time, or
soon after. saw monk :" after Bebee with
, knife.
Bebee was very near the corner Of the
pavement when he was killed. Tolar walk
ed out of the market out across the pave
ment and the ground where he stopped and
drew his pistol and fired; saw him push
some one out OF the way, but cam say who
> it was. Witness was on Tolars right when
, the pistol fired; there @as crowd on 10
, lars left Did not see where Tolar got his
pistol from. 1t was long pistol, and SIX
shooter about sixteen inches long AS 10
lar went up towards Bebee, he pushed per,
sons out of the way with his left hand, and
said, "get out Of the way" The persons
between Tolar and Bebee leaned theil
heads out of the way when the pistol fired
Saw Sam. Phillips with pistol just before
Bebee came down. Tolar threw the right
side Of his shawl across his left breast, at
= ter he fired the pistol; he then turned
around to his right and walked up to thu
market house. Then witness started up tc
him and Tolar went off to Mr.. Hinsdale'
store.
] Redirect: Witness came here very un
, willingly did not wish to testify. Ha
f always told everybody that witness did no
j. see who killed Bebee but told Mr.. Syke
t about it and no one else. Phillips ha(
. nothing to do with my evidence. The rea
son witness told the other persons that h
. did not know who killed Bebee, was be
, !, VOC not on his oath and he dit
s not wish to testify in the case.
: R0bt. Mitchell: Live in Fayetteville wa
t at nv store when Bebee was carried fror
: the guard house. Witness store is on Gil
t lespie Street.-The same street the guar
s house is on. Witness went down to marke
- house after Bebee was carried down; wen
. up stairs in the room where Bebee was.-
d Wife is connected with Miss Massie and wit
e ness went to protect Miss Massie. He
q father is not living. Tom Powers is tn
nearest male relative she has that is grown
y he is her maternal uncle. Can't say that TIC
e lar is any connection of hers John Maltsb
b is her second cousin, witness has heard tn
e family say. Witness went out to the cal
n riage, when the ladies were about to driv
\, off and stayed until they did. The carriag
is went down Person Street Witness imme
@ diately left and went back to his store
If just before he got there, he heard rus
= at the market house and cries Of ''shoc
l. him." then heard a gun or piste
d fire saw the smoke but kept on to hi
J. store. Witness store is about seventy-iv
yards from the market house does nc
le think he stopped between the market an
is his store. Philemon Taylor was at the cal
Of riage with me also my father-in-law. MI
ID Massie Don't know what became of thel
lie after they left the carriage. There wer
al only few people up in the room, when b.
a. bee was being tried. Miss Massie an
re mother went down stairs accompanied b
Mr.. Bond. Witness and his father-in-la
s. went down soon after and went immed
ip ately to the carriage did not notice th
le appearance of the crowd as he wer
u through. Did not see Tom Powers an.
at where about the carriage. Mrs. Massi
j. made some remark to me about seeing Tol
a. Powers, but cant recollect what it was
lr She seemed to wish me to talk with hill
is and keep him from getting into trouble
s. Witness store is near the market house an
n has seen Capt. Tolar about the mark'
ut house frequently.
Re- Direct Persons who sell beef an