Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-16

me, when the pistol fired heard his voice
Didn't notice what Tolar did with the pis.
toll, or which way he went after he fred
Am willing to swear that Phillips pistol
was not twelve inches long.
Re- Direct At the instant Tolar fred, |
did not see anybody else. Saw Tolars pis
toll better than Phillips. Tolar's was
longer. Have an opinion that Phillips pis-
toll was not twelve inches long, but can't
swear it. did swear it above-Rep Saw
Armstrong very soon after the shooting
Saw Adam Monroe and VIM. Smith there
before Bebee came down.
John Daily, negro, sworn Live in Fay
etteville am a sexton; buried Bebee the
day after be was killed. Sheriff gave me
three dollars few days after About a
week after, Tolar met me and paid me two
dollars and asked me if it satisfied me, and
witness said that he was satisfied with what
the Sheriff paid him.
| Cross Eramined: The usual sections fee
is three dollars. When Tolar met me he
said: "Boy, did you bury that boy 2" and
paid me three dollars and walked on"
Redirect: Witness identified Tolar pres
emit; had seen him before. Witness had
buried baby the day before he buried
Bebee. Rob't Simmons, John Armstrong
and negro woman asked witness if he got
paid for burying Bebee and he told them
yes.
Court adjourned to this Saturday NOR
ming, II o'clock A. M.
SATURDAY, Aug. 10, 1867
The Court ordered that the list of wit
nesses for the defence. furnished the Judge
! Advocate by the prisoners Counsel, all be
subpenaed-a statement being made that
they were all necessary.
Also, ordered that other witnesses for de-
fence might be summoned, if needed, upon
an affidavit being made by the Counsel for
the prisoners, that they were necessary, and
what the facts were they were to be called
to prove.
Rachael Lord, negro woman,) sworn
Have lived in Fayetteville all my life. Was
at the market house the day Bebee was
killed he was up stairs when witness got
there : saw "Monk" there then also saw
Hall and Ed. Powers F.; heard "Monk say
something about "cutting damned mig
GERS throat Saw carriage standing al
the market house, and ladies, accompanied
by a gentleman, come down and go to il
and get in it. Saw John Maltsby go to the
carriage and speak to the ladies' AS BE
bee was coming down stairs, rush was
made and Bebee said to Sheriff Hardic
.sdo don't take me down there, and wit
heard persons say "clear the way ano
, "shoot," and saw some one raise up pts
tol and shoot Bebee. The man who sho
, had on a grey coat witness don't know
! who it was, but thinks she recollects tn,
: face, and points out Mr.. Tolar present ~
the man.
y Cross-ern,njlaati0m Had been up to Mr.
Andersons just before witness went to mar
ket house. Has q sister Fannie, but sh,
= was not with witness that evening. Wit
= ness did not tell her sister Fannie, just be
, fore leaving Fayetteville, that she (wItnesS
" did not know anything of this matter, bu
- she could not make as much in Fayettevll,
us she couldin Raleigh about this. 'Monk
= was there cutting a stick, and said some
= thing about ''cutting o nigger's throat. ~
. Sam Hall and Ed. Powers were there the
;, were "skeeting about gay and lively Wit
ness has known them from their youth up
" used to play with them when they WEI
. Young. Wemiss and Hardie were with BE
. bee when he came down. They both ha
L hold of him. When witness ran off she hit
. behind box and staid there about five orte
y minutes then heard "shoot him, shoe
him." and clear the way ;" then witncs
:. looked up and saw Bebee and the man VIII
=, shot him. Bebee had on black "roug
= and ready" hat, witness thinks. Elthe
- WemlSS or Mr.. Hardle had nOIu OF Debet
y comforter. Bebee was near the edge of tn
- pavement and had his left foot off of tn
pavement 1t looked to witness like til
:, man who fired the pistol was on the pave
, ment; he was tall man; saw him thro
,. up his arm twice before he shot. After tn
:, shooting, saw Mr.. Nixon lead " Monk y OF
20 of the crowd and heard him tell g Monk,
:" that "he should not do it." Nixon al
g Monk came up towards Mr.. Taylor
% store and brushed by witness several time
:, Witness lives at Mr.. Webster's.
70 Re-Direct: Bebee had on black hat thu
- day; can't say whether he had it on whe
~ he was shot. Saw him have it on comm
~ down the steps. After he was shot, he te
=, with one foot off of the pavement. Nhe
=; ~ Bebee said "dont take me down there,
~ somebody jerked him forward. VEINS
y. and Hardie had hold of him at that time
40 40 The Judge Advocate now stated that otl
=, er witnesses had been summoned, but la
not arrived, and that he would use his Il
! most endeavors to get them here as 500
a u as possible; when the Court adjourned
81 this morning, (Monday,) IL o'clock A. M