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

brought down stairs about half an hour
after witness got there. Went to hear the
trial but was not allowed. There was moth
ing particular in the crowd before Beoee
came down that attracted my attention
Saw Tolar, Powers, Leggitt, Maitsby,
/" Monk" and E. p. Powers before Bebee
came down did not see any whispering
tween them. We were all disappointed at
not being allowed to hear the trial, and
many so expressed themselves Saw Miss
Massie and mother go to the carriage with
MIR. Bond saw Mr.. Taylor, CashWel,
Mitchell and John Maltsby go to the car
rage did not see Tolar or Tom Powers go
to It. About the time the carriage drove
off. Bebee came down stairs. Witness was
standing on a bench, near Becky Ben's
stall, when Bebee came down. Thinks Tom
Powers was on the bench with him. John
Maltsby was not on the bench; up to that
time nothing occurred in the crowd. just
as Bebee was going out of the main eastern
arch, witness heard some one say, q" L de-
1nand the prisoner" and heard Hardle tell
the police to use their clubs, and heard
several blows Witness followed out and
saw "Monk with knife cutting at the
prisoner. Somebody kept Monk " off
About that time witness turned to go oil !;
Just then Bebee made struggle to escape
and fell down when he rose mp Wemlss
was on his right, Faircloth on his left and
Hardie behind him with his hand a-hOld OF
his coat almost at that moment pistol
fired and Bebee fell. Sam Phillips was
Standing to the left aud rear Of Bebee with
pistol in his hand, just moment before
the pistol fired. Witness saw Phillips draw
the pistol and point it out through the
crowd and, about where that pistol was
held, witness saw the flash and the smoke.
O. N I, gol Fnla o.
that time was near the main arch. Phillips
was the only pistol witness saw that day.
Cross Er077iued: Has been posting books
for Clarke and Burns during the last year
in FAYETTEVILLE Witness has particular
place Of residence, or particular place OF
sleeping; has slept under the market
house !; has slept in an omnibus at Mr..
MonagIe's store sometimes with Mr.
Hearne has frequently slept in DR.. Nc
Duties office. First told, three or four
weeks ago, about this affair to James Dodd
and James Hendricks, one Sunday, IL the
market house. Told Mr.. Fuller about it
after witness came up here.
Witness intends to teach school this fall.
Has had no money or other thing Of value
for coming up here in this case, and no
promise of anything. Has no particular IN
terest in this trial. Has no dislike for Sam
Tolar.
While witness was standing on the bench,
under the market house, Tom Powers stood
on the bench with him. Saw Sam Phillips
there while Bebee was up stairs. Iolar and
witness had on shaWls can't say whether
Phillips did or not. The weather was very
cool. Witness can't say he saw To!ar. Leg
gitt, Powers and Lutterloh together talk
ing.
Witness did not see any weapon about
Capt. Tolar that day. Saw Bond come
from the carriage and go up stairs again,
and thought he went back again to the car
riage. About hundred and fifty people
were in and around the market house.
Witness dropped his blanket about the
time Bebee went out Of the arch, and
up then followed the crowd behind Be
bee.
After witness turned to leave the crowd,
ne saw Tolar, Leggitt, Powers and Lutter-
lob together on the pavement, in front of
the main eastern arch. Witness heard no
cries Of Sc kill him." or 60 shoot him." but
heard a shutting of feet, and turned around
and saw Bebee struggling heard a blow
and heard something like knife fall on
the pavement. The pavement is about
seven or eight feet wide As witness turn
ed around, he saw Capt. Tolar and the
others with him. Just as Bebee rose up,
witness saw Sam. Phillips draw pistol
and present it did not see him cock it !;
saw the smoke rise about the spot where he
held the pistol the pistol was pointing to-
wards Bebee. Witness was seven or eight
feet from Phillips. Phillips was four or
five feet from Bebee. The pistol did not
have a round barrel. Witness thinks it
POI ~
larger than ID Colts but has seen a Colt s
Navy larger than a Remington. Can't say
who was nearest man to Phillips there
were several nearer than witness. Saw
Phillips draw back the pistol. Did not
see TOlar afterwards, but once, and then
saw him standing against the arch.
Witness knew about the Corners inquest,
but did not think it was his duty to volun-
teer his information did not volunteer his
information to this Court. Has not re-
ceived pay from any one for coming here.
Swears, before God, he has told the whole
truth about the matter. Did not see John
Armstrong there that day. Saw Simmons
after the shooting Bebee, at the time
when shot, was opposite the S. E. corner
of the market house. The pistol must have
been two Or three feet from his head. Wit
ness attention was drawn to Sam Phillips
ny HIS IIttNluS5 1t I)lSGOl DIS uG OI6" III DdCh
he said, 6 if the negro is dead, I did not
kill him - did not see him put it up.
Redirect: Witness would not undertake
to give the position of Tolar, Lutterloh
and Leggitt, while on the pavement. Wit
ness has no doubt about seeing Samuel g..
Phillips with the pistol, as he has above de-
Scribed. Has been in better circumstances
than he is now does any honest work
chat he can get, and pinches himself when
he is out of work.
Questions By tie Court Am not a Ma.
son. Did not hear anybody cry out in the
crowd that anybody shot Bebee.
The Court then took q short recess.
James ". Atkinson, s,r0rn: Live in Fay
etteville. Went to market house about =
o'clock the day that Bebee was killed. Got
there before Bebee WAS brought from the
guard house. Wemiss, Faircloth and Nc
CURE brought him they came in the
Eastern arch, and went up stairs. Witness
went down to Clarke's store and returned
again in few minutes. After he got back
it was about half an hour before Bebee was
brought down. The crowd contained about
a hundred persons. When Miss NIassie
and mother came down stairs, witness was
under the market house, about seven fee