Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-16
From the Raleigh Sentinel, Aug. o
THE MILITARY COMMISSION.
United state. VS.. ToIar. Powers & Watkins.
THuRsDAY. Aug. 8, 1867.

ur,tea states VS.. ToIar, Powers & Watkins.
THURSDAY, Aug. 8, 1867.
| Simon Becto,a (negro) sporn: Live near
Fayetteville on farm. Went to town the
| dav Bebee was killed. Was standing on
| the East side of the market house, when
Bebee was brought from the guard mouse;
| Have been living near Fayette7l!e aoot'I
twelve or fifteen years. Whlle benee was
up stairs, there was carriage sGanalnS ouO
| in front of the market house, behind me
and not far off, There was big crowd
! early in the morning, when l first went
| there saw Capt. Tolar at the market house
there. soon after sun rise, before the bell
/ for u o'clock. While Bebee was up stairs,
saw Tom Powers have pistol in his belt
Saw Miss Massie and mother come down
: stairs and go to the carriage saw MIR. Bona
81 90 up and talk with them also Mr. MalIs-
by think Mr.. Tom Powers also went up );
did not hear any of the conversation. MT.
' Maltsbv went back to the crowd in front OF
the market house, and then the carriage
drove Off.
Tom Powers was at the market house,
when witness first got there; think Iolar
g came there soon after saw him also, while
Bebee was up stairs Saw Archy come
down stairs Mr.. Wemiss was on his right
I hand. After Bebee had got down on the
: ground, persons cried out, " shoot him,
y s'shoot him" Didn't see any weapons at
the time, but just as soon as he got out OF
e the big arch about two steps, he was shot
! by Capt. Tolar. Can't say whether Tolar
e was en- the pavement Or not he was near
I the edge of it and about two steps from
e Bebee. While Bebee was coming out of
i the market house, Tolar was standing on
the pavement outside near the edge, and at
; the time he shot, he drew his pistol from
under his shawl OF coat, on his left side,
e presented it, fired, and then Immediately
turned around and walked off. John Arm
strong was near Tolar when he fired also
jim Douglas. Tolar after firing, went
t, around the North side of the market house
y and witness saw him no more. Saw Monk
# with d knife in his hand, cursing Bebee af-
=, ter he was shot, Heard John Armstrong,
jim Douglas and McFeiI say Immediately
IL after the firing, that Tolar did it.
Cr0SS-eran1iaed: Have belonged to Jake
Of BectOn.
~ Here permission was asked by the coun
~ sci of prisoners to hold private consulta
le ton, which was given. They then declined
rs to cross examine.
e Potrick EUdns (negro) sworn Live II
~ Fayetteville; knew Bebee and was at the
y market house when he was killed. Saw
s. him carried up stairs by officers; staid dowr
OF below and saw the ladies come down anc
eff go to the carriage Saw several persons 81
~ up to the carriage and speak to them. Saw
Monk in the crowd. while Bebee wa
up stairs also saw Phillips andlJames At
81 kinson. Saw Bebee come down. After h'
s. got down on the floor the whole crowC
~ rushed at him, and there were cries of " hC
o is our prisoner" and " he is my prisoner ;
CO also, "kill him" 4" kill him." then. after
Dy wards, as he went out, &c shoot him." Saw
It Sam Phillips have pistol and watched him
III Somebody else fired q pistol; it was no
Sam Phillips that fired; witness did no
aS see who fired it, but several persons imme
ty diately said that g Captain Tolar did it,
or and he was pointed out leaving the crowd
H. The rush upon Bebee, up to the time b
- was killed, was incessant Witness think
10 that the officers tried to do their duty IL
X keeping the crowd off.
TO . Cross fermentation: Was subp9naed t.
come up here last Saturday. Keep sho
in Fayetteville Sam Phillips does also
Witness frequently passes by Phillips store
- have known him for some time ; neve
!" have talked with him about the matter
Es Don't know the name of single man VIII
in was with Bebee, when he was brOugh
at down did not notice them particularly
- It was q general rush that was made at BE
~ bee, but | don't recollect the names of an
ies persons in it. Witness was looking at Be
ri bee ; saw him jump up two or three times
mt saw Phillips come up with pistol in hi
hand before Bebee got down stairs he wa
:, holding it in his right hand it was bt
Ivy tween six and eight inches long. WitneE
his was about four or five feet from Bebe'
Or when shot saw him fall just before ne VIZ
rds shot. Sam Phillips was the only ma
:, whose name | recollect, as being there {
Tie that time saw him have the pistol at tn;
is time. Immediately after the shooting Phi
lips held up his pistol and said, " the ma
is killed now, but you can all see that di
not do it, for my pistol is loaded" Wi
OF ness saw the smoke of the pistol; it W;
vas about and near where Bebee stood. Whe
has some one remarked that "Tolar did it
=; witness cannot say where Tolar was.
~ Redirect Witness had his eyes on Phi
OK lips at the instant the pistol fired an
hat knows positively that it was not his pist
i've that fired he had it down by his side, an
o1 Immediately afterwards he disclaimed ha
ing shot Bebee and offered his pistol fC
lie examination. In, the rush that was mad
by the crowd, witness was on the outside
in the crowd, but tried to see what he cOult
his fiaVe never hi'o any I''lk WIFI l Lllll
- about what I was going to swear am NJ
VI rerV intimate with him.
Court adjourned to this friday morn
ing. II o'clock, A. M.
FRIDAY, August 7.
'eu John S5uog (negr0) SU01Ya: Have been Ii
'rt' ing in Fayetteville ten years was at tt
on market house the day Bebee was killed
Me Saw him brought from the guard house
ID Wemiss and other officers, and carried u
'eo stairs over the market house ; he staid u
on there about three quarters of an hour. III
get crowd was mostly under the market house
on saw ''Monk, Tom Powers and John Malt
- by there noticed nothing peculiar abo1
"'o their manner saw the ladies come dow1
saw Archy come down. Saw nothing unit
, he got out on the pavement, but heard tt
l. expression, orally boys; - saw "Monk
try to cut him after he was on the paw
ment, but was kept off by Wemiss. Sa
:. Tolar standing at the north part of the arc
inn saw him move up few steps, shove son
LII person away with his left hand draw pi
end toll and shoot Bebee saw the pistol-it w
ton large pistol, about fifteen inches long
ars. saw it distinctly. Saw Bebee begin to ia
the he was near the middle of the pavement
witness was about four steps from Tola
4 FTo1