Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-30
From the Raleigh Sentinel.
THE MILITARY COMMISSION.

ERlnAY. AUG. 1G. 1867

FRIDAY, Aug. 16, 1867.
| Geo7rqe Smith, sworn Lives in Fayette
vile is thirteen years old. Was near by
the market-house, when Bebee was carried
up stairs Was playing marbles near I. b
Davis store, when the pistol fired gath
cred up marbles quickly and ran over tc
see what was the matter. Saw my brother,
Rufus Smith, Jim Dunn and "Monk Ju
liza there, in the crowd. Wemiss had fal
len down and was getting up, when I went
over there. Bebee was lying on the pave
ment, shot "Monk was eight or ten
feet.off, craving and iawing." Heard him
say that morning, that she would be a
dead niger and that he Monk would lead
the way, if any body else would follow"
AS witness went up, he heard cries OF
''Tolar, Tolar, Tolar shot"
Cross Examined Didn't see Capt Tolar.
Don't know him. Did not hear the words
"Tolar, Tolar shot," until he got across
the street where Bebee was lying. Bebee's
head was near the market house, and he
was lying near the corner. Was not quite
dead when witness got there. Did not see
DR.. McDuffie there at all.
Redirect: AS soon as the pistol fired,
witness picked up his marbles and ran over
to the market house found Bebee dead OF
dying, and Wemiss just getting up
Heard cries of ''Tolar," ''Tolar ;" also
g Tolar shot him, ~" "Tolar shot him.
RVus Smith, swo1a: Ten years old live
in Fayetteville. Remembers that Bebee
was killed Was in Fayetteville on that
day saw Bebee brought from guard house
and carried to market house saw a big
crowd of people there. Saw Mr.. McDon-
aid and Jim Dunn and many others. Did
not go up stairs saw Miss Massie come in
carriage with her mother, and go up
stairs. Saw Bebee come down the steps
with Mr.. Wemiss he had hold of Bebee
After Bebee got down and out on the
pavement somebody shot him. Points
out Capt Tolar present as the man.) The
boys and all cried out it was ''TOlar shot
him." just as soon as the pistol fired it
frightened me. Witness saw his brother
George there soon after the shooting. Mr.
Mcdonald told witness not to tell anything
about it, and not to go near the body of
Bebee but witness cried out, with other
boys, that it was Tolar, who shot Bebee.
Cross Ecln1i1edtiOn Know some men in
have talked with Willie Porter
something about this. Willie has told me
that Capt. Tolar shot him. Witness knew
the man, that day, who shot the pistol, but
did not know his name. The boys told
him it was Tolar. Don't remember that he
ever saw Captain Tolar before the day
that Bebee was killed. After witness came
in the Court room, he, witness, pointed
out man and asked his father who was
sitting by him, who that man was, and his
father said "Tolar." Witness knew he was
5he man whom he saw shoot Bebee and
wanted to know his name, as he knew he
would have to tell it in Court. Was
near Capt. Tolar when he fred
Can't tell what kind of pistol it was It
was not gun. Can't say whether Tolar
vas on the pavement or not. Thinks To-
ar was off the walk. Jimmy Dunn pointed
out TOlar to witness. Knows Mr.. Sam
Phillips, who keeps store in Fayetteville.
Don't know that it was him who shot the
pistol. Did not see him there. Know Mr..
James Mcdonald he told witness " not
o tell anybody" 1t was after the shooting
le told me, Willie Porter told me he had
been up here to swear he did not tell me
What he swore to. He did not come to see
witness, but witness saw him near the guard
louse, where the lime is. Willie Porter
aid it was TOlar, the day Bebee was shot,
(Ihls little witness seemed much fright |
med, while being examined, ,-crying most
# the time, and saying, So don't hurt me- -
REP
John X. 4SmiNz stc01m : Live in Fayette-
lille was not at the market house when |
3ebee was killed, but was at Mr.. Robt. |
store on Gillespie Street. No
iced very large crowd about the market
louse ; it was unusually large Have been
wing in Fayetteville about twenty-one
ears Could see Bebee most all the time,
fter he came down the steps, until he was
hot. Heard outcrie5, two or thu ee times,
shoot him. "shoot him" Sc kill him."
kill him ;" saw Bebee struggle with the
fficers and fall, and saw some one fire a
istol could not tell who it was after
ards saw ''Monk" with knife in his
and crawling towards Bebee, but was
ushed off by some one.
Cross E.camination: The distance from
ne east end of the market house to Mr..
Etchell's store door, where was standing,
about eighty five or one hundred yards,
Witness saw, through one of the arches,
ebee coming down steps; also saw Wemiss
18th him and Hardie could distinguish
ebee at that distance Hardie came down
/ front can't say he had hold of Bebee.
ebee fell near the corner of the market
ouse saw the flash of the pistol, heard
le report, and saw Bebee fall. Cannot say
neither the man who fired was standing on
le pavement or not. .
Was summoned as witness on Wednes-
ny have not conversed with anybody ,
)out this since summoned.
The eridence for the Prosecution Ae1'6
0Sed. 7
DEFENCE.
l. b. DariS, sworn Live in Fayette- s
lie carry on tin business on the South
asst corner of the market house. Bebee
as killed about o'clock in the afternoon. {
sw Bebee as he came down stairs. After i
ebee got on the pavement, witness thought s
demand was made for him did dot hear |
~ words. Was about fifty or sixty feet i
ON Bebee when he was shot. Bebee fell
,ar the corner of the market house, when T
lied. At that time, witness was looking '
Capt. Tolar, who was standing near the '
ain arch /; was attracted by Tolars being
large man. Witness swears positively, 7
at Capt. Tolar did not fire the pistol I
card the pistol fire.
Know the general character of Jno. Shaw, 4
former Witness for truth, it is bad. Wit
'ss knows that he, John Shaw, was tied 4
, by his thumbs for cattle stealing, be- t
use witness did it himself, by order from C
e Captain of the local police. |;
N II 4