Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-16
From the Raleigh Sentinel.
THE MILITARY COMMISSION.
United States VS.. To1ar. Powers and Wat.
lxinS,
WEDNESDAY, August 7.

WEDNESDAY, August 7.
Thomas Jenkins, (negro,) sworn Live
IN Fayetteville have been living there all
my life know Archy Bebee he also went
by the name OF Warden. Was at the mar
ket 6 house the day he was killed saw Mr.
Falrcloth and Wemiss bring him from the
guard house, and carry him up stairs in the
market house /; he was up there about an
| hour there was q large crowd there saw
Mr. Sam Phillips, John Maltsby, Sam Hall.
Ed. Powers and Bond there also saw To-
lar there. Don't remember to have seen
Tom Powers saw Monk saw Miss Massie
and mother come down stairs, accompanied
by Mr.. Bond ; saw Mr. Bob Michel and
Mr.. Taylor 20 to the carriage. Can't say
whether anybody else went to the carriage.
When Bebee was coming down the steps,
" Monk " made one or two Ewipes !" at him
with a knife and cursed him, but was push
ed OIL. After Bebee got out on the pave
| ment, there was q sort of rush and some
OF them fell down, among them
and when he was rising, Capt Tolar step
| ped up and shot him in the back part of
the head. Tolar had on gray pants and
shawl. Maltsby, Nixon and monk" were
near by at that time. Tolar was between
tour and five feet from Bebee when he was
shot. Maltsby was nearest man on his
LETT and Sam Phillips nearest on his right
others We're standing near. Saw Bebee fall
and saw Iolar turn around and move off
did not see what he did with his pistol.
cross E.tCnajndtiOn: Before Bebee came
down, tho crowd outside consisted of one
hundred and fifty Or two hundred people
about one-third colored. When I saw Pow |
ers and others talking in the market house, |
they seemed to be talking in secret, but |
were talking like other people. "Monk "
was standing inside of Becky Ben's stall |
when he cut at him. Saw no one cut at |
him besides "Monk." Bebee was abont |
three feet from the market house corner |
and about five feet from me when he fell. |
ShentI Hardlc, at that time, was in Bebee's |
front and left, about two or three feet off, |
and did not have hold of him. Besides !
Wemlss, Eaircloth and Hardie, Maltsby was
the nearest man to Bebee when he fell.
Sam Phillips next he was about three feet
OFT, near the wall, on the pavement. Did
not see him have anything in his hand
DID not see him have pistol in his hand
that day. Saw Tolar with the pistol in his
hand when I first saw it, it was levelled at
Bebee; the pistol was seven or eight inches
long. 1t looked like single barrel pistol
to me- as much as [ saw of it. Maltsbv was
nearest to IOlar on his left. Saw Simmons
and Gilmore (negroes) close about there ]
There was no person between Tolar and
Bebee when the shot was fired. The pistol
was about three or four feet from Bebee's s
head. Did not see Tolar's shawl or any 6
portion OF it fall off. Know John Arm
strong lone of the witnesses well, and did S
not see him there that day; did not see him
standing by Tolar; did not see Tolar throw
his shawl or one end Of it in Armstrongs
face. Tolars shawl was gray. Tolar turned
OF Immediately and went through the mar G
ket, and did not stop against the wall he j
might have stopped after he got through
on the other side.
When Iolar and others were talking un-
der the market house, witness could not
hear what they were talking about, or the \
sound OF their voices, the witness being
deaf
Ed,card Bro~n, (negro,) sworn: The I
suspectirg that this witness I
had been tampered with by some one, did
not examine him. {
Chester Gilmore, (negro) sworn Live in
Fayetteville am o boatman. Archy Be
bee generally went by the name of Archy A
Warden. Was at the market house in Fay ,
ettevillc the day he Ewas killed was stand q
ng on the pavement There was about
hundred persons there /; was standing at
the southeast corner and could see inside q
he market house through the little arch.
Saw Sam Phillips, John Maltsby, Sam s
Hall, Tom Powers and "Monk," Ralph p
lutterloh and Tolar there these men were
catered through the crowd. Did not see L
ny weapons in the crowd before Archy
anne down. [ saw Mr.. Bond go to the car y
iage with Miss Massie and mother and
ir. GIaltsby go up and speak to them. Did
lot notice anybody else go there. Did not
ee any weapon nor hear any threats before "
Archy came down,-the crowd quiet and L
rderly. When Bebee came down some Il
ried out "shoot him." some cried "cut v
i'm )" others said 'knock him down some y
ne cried ''rally up, boys" Saw the Off u u
ers beating off the crowd and saw officers n
nd Bebee all fall down together. Saw o.
'am Phillips have pistol at the time e e
sam Hall, MIR. Sykes, "Monk," Mr.. Lut- I'll
erloh's son and Mr. Tolar were also there II
t that time. Diagram here shown the y
7itness.) There was only one tree on the y
dge of the sidewalk on that day the !"
theirs have been planted since. Did not tc
ee much of the pistol that Phillips had g
nd can't tell whether it was a shiny and al
lue barrel can't say how long it was.- Is Is
.fter Bebee and the officers get up the q
ficer told the crowd to stand back, ''that 10
e was ordered to carry the prisoner to the
uard house and he was going to do it -
len Mr.. Tolar stepped up and pushed
i'm Douglas out of the way and drew =,
istol and shot Bebee on the back of the M
cad and killed him. Saw Armstrong,
alvin Hunter and other negroes there
aw "Monk" run up after Bebee was shot in
1d say he wanted ''to cut his damned q,
lroat'' Tolars shawl fell off his left should is
:. when he fired the pistol and he threw to
back Witness does not know Tom Or
overs. th'
Cross -Ecaninati0n: Have been fire. an
an on a steamboat for long time was aft
own up once. Was standing near the FIR
ee, and opposite the main arch when Be- sui
,e was killed. Wemiss was on Bebee's Sc
ght when they come down the steps, and lie
ID string tied to Bebee's right thumb.
aircloth came down behind. Don't re-
llet whether Sheriff Hardie was there or D
It. Saw Bond come down and go with ses
g ladies to the carriage ; noticed Miss Sew
assie's throat was little scratched of
altsby went up to the carriage while Mr.. quo
md was there. Bebee was coming down den
e steps when I first saw him. Nothing eide
IS done to Bebee until he was about un- Sicl
r the arch coming out, when some one and
ID rally up, boys" and the rush was N {
,da No one had hold Of hiuna Su1,o,,~ No l. :,