Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-13
From the Raleigh Sentinel.
THE MILITARY COMMISSION.
United states VS.. rolar, Powers s watkins.
TuEsnAY. Sent. Bal. 1sG7

United States vs. Tolar, Powers s. Watkins
TUESDAY, Sept. Sd, 1867.
Upon on application OF Walton Watson,
| Ia witness examined last Saturday made
through Mr. Fuller, Counsel for the De-
fence, to change his evidence given. to read
"grdin," wherever penaytreigRt occurred,
the Prosecution objected and the objection
was sustained by the Court.
DR.. LeUis Kirk, s,co,n is acting assis-
tant surgeon at the Post of Fayetteville.
Had the body of Bebee exhumed on the 3D.
of August last. Was assisted by Sergeant
kenstler and detail of two men. John
4fmstrong (negro) cameup and volunteered
his services. Witness had the head cut OIL
and then sawed the skull open and got the
bullet, which fell out with portion OF the
| brain Witness has q portion of the skull
now at Fayetteville. The ball entered be
hind the left ear He remarked that it was
one of the thinnest skulls he ever saw.
| Witness gave the ball to Sergeant kenster,
CO. X, Sth United States Infantry.
The aperture in the skull was just large
enough to admit the fore finger of the wit
ness up to the first joint. The bali itself
was SO very much battered that witness
could not tell its original form. Witness
weighed the ball and found it weighed ex-
actly three drachms. Has weighed others
since Is of opinion that the suture in Be
bees skull could be more easily penetrated
than the solid skull.
Cross Examined The ball seemed to
have been in the brain entirely surrounded
by it. John Armstrong took the head off !;
he was there when it was opened. From
the character of the hole in the skull, wit
ness thinks it was made by a conical ball.
Conical balls make larger holes than round
ones. The ball taken from Bebee's head
weighed one hundred and eighty grains.-
1t seemed to range to the right and n little
upwards.
Re Direct Thinks that it was conical
ball that made the wound, on account of
the jagged appearance of its edges.
Weighed the ball the day it was extracted
from the skull it had some portion Of the
brain on it.
4. A. hcKeIan, stcOyn: Reside in Fay
etteville ; have been in business there since
1882 Is well acquainted with the general
character of VIM. J. Holar; it is good as
peaceable, quiet, orderly citizen. Thomas
Powers is of good character he was an ap-
prentice to witness. The characters of Ed.
Powers Ralph Lutterloh, Leggitt, Ichabod
Davis, John G. Mullins, James Atkinson,
Mrs. Lucy j. Davis, Sebastian Arey, Cur
den S. Delning, JAS H. Myrover, Philemon
Taylor, David CasLwell, for truth and We
racity, is good. james Atkinson has lived
with witness, and he has high character
for truth.
Cross ecGnainc0: Tom Powers and JAS
Atkinson were working with witness, when
Bebee was killed; they were both absent
part of that Gay Atkinson half of the day
and Tom Powers the whole day. Witness
means, by general character what the gen
eral reputation of q person is, where he
lives. Witness cant say SO positively about
Sebastian Arey, Mr.. Leeitt and Mrs. Davis
whether they have IN established character
on one way or another; he would trust them
himself and has never heard it questioned
by any one. James Atkinson is about
twenty-four years of age he came to live
with witness in Feb, 1860. His character,
among all the employees of witness, is good
Witness himself considers him a very reli-
able man. Witness knows nothing about
the killing of Bebee.
Re Direct From the fact that witness
has known the above named gentlemen d
long time, and they are men of good stand
ing in the community, and he never hay
ing heard their character questioned, he
gives his testimony that their general char
acteir for truth is good
ArcAibtltl Mclean, StCOy71 Lives in Fay
has been Clerk of the County
Court, County Trustee, Cashier of the
Bank of Cape Fear, and Mayor of the to 9n
of Fayetteville for eight or nine years.
Captain Tolar's character is good. Tom
Powers, Ed. Powers, Ralph Lutterloh, Icha-
bod Davis, John G.. Mullins, James Atkin-
son, Gurdon S. Deming, Philemon Taylor,
David Cashwell, Mrs. Lucy J. Davis, billy
Stewart (negro,) james H. Jones, Walter
NNotco oh oil I
character for truth, as far as witness knows. !
Cross Examined Was not in Fayette-
Vile the day Bebee was killed. Has never
heard the general character of Thomas A. !
Hendricks questioned. James Atkinson is |
known by witness to be man of good |
character, but can't say that he ever heard ,
my one discuss his character in regard to
ruth. The same in regard to the others
Re-Direct knows the character of the
above named men to be as good as any one
Il Fayetteville. James Atkinson has tes-
itied before witness several times, and wit
ness has never known his evidence to be
liputed by any one.
Griffin Chance, (ne01o) s,co,n Live in
Fayetteville. Is deck hand, running on
he Cape Fear river. Was at the market
house the day Bebee was killed Was on
he Southern pavement of the market
IOuoO, hOttI DCCAJ Den . Quail, wien MISS
Massie came down stairs. Saw her and
mother go to the carriage. Witness was
standing at the same place when Bebee
came down stairs. Saw Bebec out on the
just before he was shot he was
near the corner of the maket house Did
lot see who shot him. Saw Mr. Sam. 7hil-
Ups have pistol there at that time Can't
Jay he was on the pavement or not. He
seemed to be to Bebee's front and Left
bout nine feet off. Witness could have
counted five between this time and when
he shot fired. Sam Phillips had the pis-
ol pointed towards where Bebee was.- I
soon after witness heard pistol fire can't
ay whom it fired at ; it was somewhere in
he crowd did not see the fash or smoke.
Has been subpenaed before and CUES
ion by Gen. Avery about this. Witness
old him substantially the same story he
ellis now.
Cross E.cdmine0 /: Witness thinks that {
Tom Powers went to the carriage with the
aides can't be positive. He got fright ]
ned when the crowd rushed up and cried
kill him" Saw sam. Phillips soon af-
When no our pbill;yo ho |