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

Il Cross Examined Was sitting at tn,
stove when Bebee came down it was cole
and windy. When Bebee went out on the
pavement, witness heard cries of "holC
him." s. hold him. and some one said
"shoot him. Did not see knife or pts
toll there that day.
Were two OF three hundred persons pres
ent. Did not see anybody jump up on the
lbepch. near Becky Ben's stall at any time
lnor hear any ordinations.
| TViley Smith, or Wright, NEGRO s,oO,m =
Lives about three miles from Fayetteville
Knew Bebee. Was at the market house
the day Bebee was killed. Drove Mrs
Massie there in Rockaway /; stopped the
carriage about ten feet from the pavement
on the east side of the market house. Mr..
Bond drove Miss Massie there in q buggy
then came and took Mrs. Massie and car
ried her up stairs. There was quite crowd
there that day.
| Witness don't remember seeing any OF
the prisoners there. Did not hear any
threats saw no wnisperings saw no signs
| Of excitement.
After the ladies got into the carriage to
90 back, there was no whispering with
anybody at the carriage some men spoke
to the ladies, but it was in an ordinary tone
of voice. Witness only recollects the names
of Mr. Taylor and Mr.. Bond. Witness
drove the ladies off and came back i'll about
| twenty-five minutes and found Bebee dead.
Cross Examined Mr.. Bond drove Miss
Massie in buggy and witness drove Mrs
Massie in a rockaway, and both got to the
market house at the same time. Witness
drove both the ladies back in his rockaway.
AS soon as the ladies got in he drove of.
Philemon Taylor, SoCOTn: Live IN Fay
etteville. Am a merchant; place of bust
ness Northeast corner of market square,
Was standing in store door when Miss Mas
sic and mother were getting up in the car
riage. Mr. Bond was with them. Witness
went to the carriage about as soon as the
ladies were seated. Saw Tom Powers
standing within two or three feet of the
carriage did not hear him talk to the la
dies Maltsby came up and spoke to Bond.
Witness did not see Capt. TOlar come to
tho carriage; don't think he did. Mr..
Cashwell went to the carriage with witness.
Did not hear or see any whispering at
the carriage. Heard Bond order the car
riage off and the driver drove off. The
carriage left about one minute after the
ladies got in it drove down Person street.
Witness then went back to his store and
stood in his front door and looked towards
the market house. Saw Bebee brought
down stairs. Witness noticed nothing I'M
usual until Bebee got on the sidewalk !;
then saw connection in the crowd which
continued until Bebee was killed. Witness
saw the flash and smoke it was very near
to Bebee and about the edge of the side
walk. Don't know who fired it. The
crowd was very dense. From the spot
where the pistol fired, to the centre of the
main eastern arch, was about ten or twelve
feet the crowd was thick between. The
crowd increased very fast after the pistol
haf kill
that led witness to expect it. know of no
compact or agreement to injure him. AT
ter the pistol fired there was perfect calm;
no hurrahs for Capt. 1Olar or anything Of
the kind. Not kin to Capt. Tolar both
Baptists.
Cross E.coD1ined: Can't say there is any
relationship between Capt. Tolar and Miss
Masse if 50, it is very distant. Witness
store is opposite to |. b. Davis store the
street is about eighty feet wide. Did not
see the ladies until they were getting in the
carriage. Did rot see any buggy there
If witness lost sight of the carriage, from
the time the ladies got in until it drove off,
it was but a moment. Tom Powers was
went up; thinks that Mr.. Cashwell was
dies Did not see where Bond, Maltsby or
Tom Powers went to. Cashwell did not
go back to the store with witness.
As Bebee was coming out the arch, wit
ness thinks that he heard some one say
Sc halt p Saw no assault made upon him
saw no weapons of any kind in anybodys
hands that day.
Court adjourned to Friday, 10 o'clock,
A. NJ
FRIDAY, Angus Both, 1867.
Seyp Francis henStler, Co. "K," SM L.
s. Inf, sU0rn lis stationed at Fayette-
Vile Was ordered to exhume the body of
Archy Bebee, abo' two weeks since.
DR.. Kirk and one or two soldiers were
with witness.
We dug down to the body, opened the
coffin and cut off the head with an axe
then DR.. Kirk sawed open the skull and
found the ball in the brain.
The ball was then given in charge of wit
ness, who was ordered to bring it to
Raleigh. He brought it to Raleigh and
showed it to General Avery, who returned
it to witness, WHO has kept it until few
minutes since, when he re-delivered it to
General Avery, who now has it in posses
sion.
The ball was demanded by the Counsel
for the Defence, and refused by the Prose
,ution, but with the promise "to deliver
t in good time"
After long and spirited discussion of
5he law and the relative rights of the Prose-
,ution and Defence, the Court declined to
order the production of the ball
Witness showed the ball to Mr.. Watson,
Of Fayetteville, who weighed it, and re-
turned it to witness. It was the samo ball
hat was taken from Bebee's head.
Cross E:canained Mr.. Watson was the
only man that has had the ball, except
General Avery and witness.
The ball had been placed in the Bank,
sealed up, since it was re-delivered to wit
ness, and he had gotten it out this morning.
1t was the same pistol ball that was brought
from Fayetteville by witness.
Vaf0rd Watson, sworn Resides in
Fayetteville ; aged 81 have been follow
ing the business of gun smith for twenty
years. Served an apprenticeship, in the
city of London, of seven years. Well &C
luainted with small arms. Some time ago,
John Mckay (brotherin-law to Sam. Phil
ips) brought witness pistol to unload,
witness identified pistol produced as the
0ne.) There we're five barrels loaded
two with balls, and three with buck shot
patched. One had been fired off. Witness
fy1yN 81