Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-06

pistol blew all in witness face Afterwards
he saw Monk " trying to cut Bebee with
a knife
Bebee fell even with the corner of the
market house. Witness was standing just
at the edge Of the pavement at this time,
opposite the pillar that separates the large
eastern arch from the main Sonth one
Witness Was about two feet from Sam
Phillips could have touched him he was
on the right Of witness on the pavement.
He drew the pistol from his left side and
| cooked 1t as he raised it up and presented
| 1t IN the direction of Bebee Witness did
| not see the pistol fire, but heard the report
and saw the smoke rise from about Sam
Phillips. He then put up the pistol On his
| left side.
Witness saw Captain Tolar there that
| day
Witness attention was directed to Phil
lips because he had pistol. Has known
Phillips all his life. Witness remained
| there an hour after the shooting. Did not
hear any ordinations of "shoot him." or
"kill him, !" but, when Bebee was trying to
get away, heard some one say shoot the
minutes after Bebee was killed, witness
heard John Armstrong running around,
saying that Capt. Tolar shot him.
Witness IS not related to any of the par
ties on trial. Has told this before to Mr.
James McRae, of Fayetteville.
Cross Ecansined: Had heard that Sam
Phillips had turned States evidence before
witness told this to McRae never has
heard much talk about it. Can't recollect
whether the ladies or Bebee went up stairs
first. Saw j ohm Maltsby there talking to
some persons, but witness does not recol-
lect who they were. Was outside of the
market house before the ladies came down.
or rather went out at the same time. Saw
four or five others go to the carriage be-
sides Mr.. Bond, but can't say who they
were. Saw Capt. Tolar on the pavement
while Bebee was on the step. Heard no
demand made for him, but heard some one
say "keep off, men > heard no blow struck
by club, nor knife fall.
Phillips was standing to the front and
right of witness on the pavement, while
Bebee was trying to escape. There was
no one between him and witness saw him
draw the pistol and cock it as he drew it
and witness turned his head as the pistol
fired. Phillips was six OF seven feet from
Bebee. Saw Capt. Tolar just before the
firing he was nearer the market house
than Phillips and Immediately on his right,
about two feet he was standing perfectly
still. Tolar had on a shawl. Z Can't say
whether it was pinned up in the throat or
not. He had on tall black wool hat
There was no one between him and Phil
lips, witness thinks. Phillips had on
black coat, but no shawl he drew his pis-
tOl from his left side ; it was a large pistol.
Cannot swear that Tolar did not draw a
pistol. Did not see Phillips flourish his
pistol as he put 1t up, nor did he make any
remark that the witness heard ; did not
hear him say eff the negro is dead, l did
not kill him."
Witness went around to look at Bebee
and left Phillips standing there; did not see
him again. Saw Tolar again standing by
the wall of the market house. Did not see
Tclar have any weapons that day. Phil
lips pistol looked like navy pistol. Heard
John Armstrong say "Tolar shot him"
two or three times, while Tolar was stand
ing there; he was the only one witness
heard say it.
DaUid Cdsl:ceN, SoCOrn: Over fifty years
of age. Live in Fayetteville. Was at Mr..
Taylor's store when Miss Massie and moth
er came out of the market house and went
to the carriage. Went to the carriage with
Mr. TAYLOR; Mrs. and Miss Massie are mem
bers of the same church as witness. While
talking with the ladies, Mr.. Bond ordered
the driver to drive the carriage off. Went
1nUO UQ0 uOllSC dllNl S6tW LOUCO SOl1A-
ing down stairs. Saw Hardie and Wemiss
with him-Hardie on his right. Heard no
cries or demonstration until Bebee was go
ing out the arch; then saw hands raised as
if to demand him; soon after, heard pistol
fire and saw the smoke blow by the East
ern arch There was a fresh southerly
wind blowing. In a second or two after,
saw To.ar on the pavement, IN front OF the
centre of the large Eastern arch; just caught
a glimpse of him as he made half-wheel
with his body. Am under the impression
that he had some instrument in his hand
can't say it was a pistol.
Witness is friend to all the prisoners
has particular friendship for Iolar, be-
cause he belongs to the same church as
witness, (the Baptist; has known him for
a long time, as a man Of high moral char
acter. Never visited each other much
Tolar is Mason. Witness is Mason;
but his Masonic obligations do not require
linn to testify falsely in any case.
Court adjourned to Wednesday, IL o.
clock A. NJ.