Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-13
His character is good for truth

and yeracity
Cross E.sausined.--Mr Leggitt was as
much as twenty-five or thirty years Of age,
when he removed from nay county; he IS
now probably thirty or thirty one.
Henry f. Sykes, s,eorn:-Reslde IN Fay
etteyille. Has been confined in the Raleigh /
prison for about seven weeks, by order OF
Gen. ~ickles,-on aohat charge tie acltnesS /
knOlCs moi. -,
Was at the market house in Fayetteville
the day Bebee was killed. Saw the ladies
come down stairs and go to the carriage, &C
companied by Mr.. Bond. Capt. Tolar did
not 90 to the carriage; witness saw Powers
and Maltsby go up to it. Saw Bebee
brought down stairs, Nothing occurred
while he was coming down. Heard no ex-
clamation of orally, boys" or "here he
comes; did not see any one jump upon the
bench; could see the bench well. Saw dr
Nixon, Mr.. Phillips, Massie and Mitchell.
As Bebee was going out OF the arch, wit
ness heard some one say, demand thls
body" to which the Sheriff said 'stand
back, it is my prisoner. Saw the ponce
flourish their clubs. Out on the edge OF
the pavement, Bebee and two or three OF
his guard fell down. Jus as he arose, a
pistol was presented close to back OF his
head and fired, which killed him. Sheriff
Hardie, at that time, had hold OF Bebee IS
collar. Witness saw the pistol barrel up
to the cock; saw it fire. Heard voice,
an instant before the firing, say, give HIM
up, or else I will shoot him" Witness IS
well acquainted with the voice Of Sam1 A.
Phillips, and took IL TO be lbs U0ice. is quite
certain about that. About three or four
seconds after, saw Sam. Phillips moving
through the crowd about three or four feet
off, with a pistol in his hand that cores
Il Ifvn COZ
fire. Saw him return the pistol to his left
breast-pocket.
Witness was standing leaning against
the S. q. corner of the market house at
the time the pistol fred about six feet from
Bebee.
Saw Monk trying to cut Bebee, before he
was shot, and saw Wemiss strike his arm
with club to prevent him.
Did not see Capt Tolar anywhere about
there at the time the pistol fired.
Told Gen. Avery and Col Haywood all
about this before, --substantiall what wit
ness tells now.
Told Mr.. Fuller, day before yesterday
about this for the first time. Has told no
one else
Cross Ecamined:- Heard, about 10
o'clock in the morning, about Bebee's at
tempt on Miss Massie. Jonathan Hollings-
worth told him. Went to market house
about B o'clock in the afternoon. Heard
Sam Phillips speak of this, in addition to
Hollingsworth. Had no reason to believe,
from anything witness heard, that day, that
an attack would be made on Bebee. While
in the market house, before Bebee came
down, witness saw Capt. Tolar, Tom Pow
ers, Nixon, Phillips and Il black man. Saw
Powers and Nixon talking together heard
Nixon tell Powers he ought to have pistol
and Powers said, mo, would rather the
law would take its course. Saw Miss
Massie come down stairs. Witness could
see the signs of violence on her neck
Witness had pistol with him In his oYel
coat pocket it was small Colts pocket
pistol. The pistol had been pawned to
him and had had it two or three weeks
Saw Hollingsworth that day with a belt on.
Maltsby was about nine or ten feet to the
rear of the carriage. Saw Powers near
enough to the carriage to speak to the
! ladies; saw him turn around and go back
under the market house. Bond came back
/ and went up stairs.
| When Bebee came down, witness thinks
! that Bond came down before him, -Wemiss
/ and FairclOth on either side, and Hardle
and policemen behind him. Out OH the
sidewalk there was much confusion,
some crying I" take him and some saying
stand back" Saw three or foar of the
policemen have Clubs. Saw Bebee iall anc
| Hardie grasp his collar with his right hand
A pistol was then aimed over Sheriff Har
dies. left shoulder and fired. just an IN
staLt before, witness heard Sam. Phillip:
say give him up, or I'll shoot him. Is GER
tain that it was Phillips voice. In exam
nation by the Judge Advocate, witness die
not tell about Phillips saying give him Al
or I'll shoot him. but told all the rest.
Within half II minute after the pISto
fired, saw Phillips with histol in his RICH
hand, rubbing it against his pants he thel
put it up in his left breast pocket Did no
see him afterwards. Did not hear any on
say "hurrah for Capt. Tolar," or Capt
Tolar shot him." The only pistol witnes
saw that day was the one Phillips had
and the one that shot Bebee thinks the,
were both the same.
Re Direct: Was first examined abou
this by the prosecution, about four day
after witness arrived. First knew that Ii
was to be examined as wines, day befor
yesterday. Have always thought that Sar
Phillips shot Bebee ; told him SO the sam
day before David Oliphant, at his Phillips
:, store Has no i'll feelings towards Sam
Phillips. Has known him personally abou
years, and Tolar all his (witness) life bu
, is not intimate with him.
Questions by tie Court: Did not try t
see who fired the pistol at the time orafte1
wards. When witness spoke to Sam: PHI
. lips, at his store, about this matter, Davl
: Oliphant said it was not Phillips !; 1t WE
Tolar who shot him.
Court adjourned to Friday, IL O'CLOCK
A. NJ.
, FRIDAY, September 6.
Ishana Blake, socorn: Resides in Fayett'
Vile has been living there for sixty-thre
years. Was at the market house the ola
l. Bebee was killed. Was under the mark'
house at the time the shot was fired don
J know anything about the killing. Wa
called upon to act as Coroner by the She
o if; summoned jury, which found a We
. dict on the second day. All the juryme
% signed the verdict.
Upon question by the Defence, -"Di
y, any one of the jurymen request any i
!; structions of you in regard to their duties
The Prosecution objected. The Defent
then stated that this!witness, Isham Blak
i was brought here for the purpose of di
u crediting the evidence of Samuel A. Phi
10 lips; of proving that he, Samuel A. PHI
lips, had sworn to lie on his examination