Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-09
From the Raleigh Sentinel.
THE MILITARY COMMISSION.
United States VS.. Tolar, Powers and wat
kins. .
THURSDAY MORNING, August 1.

the day of Arcny Bebee s tflal anu tfieu u
go up and hear it but was prevented
Stayed down below. Saw r0lar, Tom fo"
ers. ssMonk" and John Maltsby there,
while Bebee was up stairs:- There was con-
siderable excitement in the crowd below.
Miss Massie and mother came down stairs
first, accompanied by Mr.. Bond. He and
Powers went with them to the carriage
that was waiting on the outside for them:
When Bebee was coming down, heard
Tolar remark she hoped he would not
have to shoot, but ii he did, it would be a
good shot, just as Debee was gong out
of the arch, 7 heard Tom Powers demand
him Of the Sherif,,---at the same time lay
ing his hands on Bebee, which demand was
refused by the Sheriff. Saw the man VINO
fired the pistol that killed Bebee 1t was
Cant. Tolar know him we'll was standing
near enough to lin at the time to lay my
hand on him. Witness was not standing
on the side walk at the time. Saw Tolar a
few moments after, standing against the
wall of the market house. San - monk
soon afterwards charging around. MI.
Nixon caught hold Of him and told him to
behave himself At the time Bebee was
shot, heard George Hollingsworth cry out,
8: Capt. Tolar shot him. 1" Capt Iolaf
shot him.
Cross Ecanniaaed: Received my subpoena
y.
of mine, an uncle my father married his
sister. Have talked with him about 1t.
Know that Capt Tolar, being butcher
is Frequently about the market house and
Translates his business there. When Iolar
made the remark about shooting, there was
unite q crowd around him dom recollect
the name OF any other person there at that
time Did not see anything in Tom Pow
ers' hand, when he caught hold OF BeDee:
When Debee was shot, Sheriff Hardle had
his hand in Bebee's collar, and was stand
ing in his rear and right; there were seye-
raj persons between Tolar and Bebee, when
the pistol fired. rolar was on my left and
front, and was about three steps off from
the pavement-four or five feet, and per-
haps more Saw Sam Phillips have PTS
tol there that day; ne just had it In his
hand. After we walked down to the store,
about seventy-tive yards from them, uncle
Sam showed me his pistol and told me
there was going to be trouble about this
matter and there was his pistol; 1t was a
large size Remington pistol; he showed
me no other " four barrelled or " smaller
pistol.
I can't swear 7 ever saw Tolar before that
day.
Redirect: The reason l ha We not talked
with Sam Phillips, since [ have been here,
about what [ was going to swear, is be-
cause you prosecuting counseD told me
not to.
The pistol Phillips had in the crowd, at
the market house, was the same that he
showed me at his store. Am certain that
Tolar fired the pistol could not be mista-
ken am pOsltiv"
William Carpenter sworn Happened to
pass through the market-house about the
time Bebee was brought down stairs, and,
soon after passing through, heard pistol
shot and turned round and saw Capt. IOlar
come out of the crowd and have a pistol In
his hand. which he was holding under his
coat behind, or trying to put in his belt;
saw him go up to the side of the marke:
/ house and stop; saw him no more.
| Cross E.camined: Saw the crowd, but my
| attention was not called until the pistol
| fired looked around and saw TOlar; he
was coming out of the crowd and he seem
ed to be i'll the act of putting up a pistol
l did not sec who fired the pistol There
was large crowd there, white and black
The pistol [ saw Tolar have was q repeater.
! Duncan ". Mclean, sorOrn: Am school
! teacher and live in Fayetteville. Am not a
/ licensed preacher; was in Fayetteville when
a negro was killed at the market house
! Was in Newberry's store; it is on Person
street, the second store from the market
!
when the pistol fired; saw the fash and
smoke, but did not see the pistol. Cant
say who fired it; was in the crowd before
the pistol fired, but don't recollect a single
person who was there. Went after the
shot was fired and looked at the dead ne
gro; saw Hardie and one or two others
| there.
No cross examination.
Court adjourned until to-day (Friday) II
o'clock.
FRIDAY, August 2, 1867.
YIN. RoJt. Porter, s,co,m: Live in Fay
etteville !; was at the mGrket-house wher
Bebee was killed. Am IS years old, wa;
out hunting that day with Geo: HolIings
| worth ; came back and went to the market
house saw ''NIonk" there Did not see
| Tolar before [ saw him in the act of firing
Saw him shoot Beloee.
Cross eranained: Lost sight of Tolar, a:
soon as he fired. My attention was turned
to Bebee saw him fall backwards some
persons were between Tolar and Bebee
when Tolar fired.
J Redirect: About ten persons between
/ TOlar and Bebee when Bebee was killed
Did not see Tolar that day before l saw
him in the act Of shooting. Did not see
what Tolar did with the pistol after firing
! DIG not near any oXclamat1Cn III me cTO"C
about the time ToIar fred.
bryant BY'ket swo'm: Live in Fayette
vile knew Archy Bebee, was present wher
he was killed: il was near the corner Of the
market-house in Fayetteville was at the
market-house nearly all day; there we1s
about hundred persons there when ArchJ
went up stairs, which crowd kept increasing
Passed through the market-house before
Bebee came down saw Tom Powers il
there. Never saw "Monk" until they were
bringing Bebee down. Saw Miss Massie
come down before Bebee and was escorted
by Mr.. Bond to the carriage Mr. Ton
Powers went to the carriage and talked with
them. Saw 'ALonk" cut at Bebee just a:
he was going out the arch. Heard voices
say, eve demand the prisoner" Prisoner
was started to the guard house, but wher
near the S. E. corner, he was shot. Saw {
pistol fire and Bebee fail. Don5 know who
fired the pistol. I was standing in the
street near the pavement; the pistol FREQ
to my front and right saw Capt. Tolal
soon afterwards standing against the mar
ket-house wall Did not see monk OF
Tom. Powers afterwards. Immediately af