Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-23

Win me IN any way. hehrQ or BPDee'S at
tempt on Miss Massie, about O'Clock.
Monday morning Heard, during the day,
several say he ought to be killed or hung.
Don't recollect who they were. Knew of
no agreement to kill Bebee. Witness store
is about 125 yards from market house. on
Person street Went to market house at
81 o'clock, p. M, the day Bebee was killed:
about so persons we're there at that time.
Had Remington pistol, exhibited. -
Wemiss had told me the trial was to come
off at o'clock. Saw Tom Powers, Ed. Pow
ers, Sykes, Capt. Tolar and Ralph Lntter-
loh there. Bebee was up stairs when got
there. Tolar had on a shawl Capt Toiar
was talking with Ralph Lutterloh and Ed.
| Powers did not hear what thew said
Saw no sign of any mischief at the time
saw no arms Witness staid there ten min,
utes and went back to store, where he staid
short time and returned. On his return
there was an hundred or more persons pre-
sent Witness saw several persons together.
Asked Tom Powers eff he was captain of
that company ?" He said emo" Powers
appeared very sad Remained few mo-
ments and returned to store again. Be-
fore he left, saw Ed. Powers have pistol on
under his clothes, and " Monk " with a
knife stayed q short time at store and
came back. Saw ladies go to the carriage !;
saw Captain Tolar go up to the carriage
and speak to them, also several others
Witness was forty or fifty feet from the car
rage Saw Hardie come down stairs, fol-
lowed by Bebee and Wemiss, who had him
tied by the right thumb. Was standing
near the steps F; saw signs Of excitement in
the crowd they were gathered in groups.
When Bebee got near the end of Becky
Ben's bench, heard somebody say /" 1 de-
mand the prisoner" Hardie said che IS
my prisoner" and stand back" Three
or four demanded the prisoner /; one of the
men was Tom Powers witness thinks. The
crowd rushed up. Saw several persons
grab at the prisoner. Did not see Tom
; Powers have knife. Monk" had one.
; The police kept them off. Saw Tolar, Tom
Powers, Ed: Powers and Leggett in the
mob :; also Hall and Lutterioh. Saw other
PUSHES made. There was much confusion
Tom Powers and Monk" had knives at
this time, trying to cut Bebee. Heard
voice cry out, Damned if he is not my
! prisoner" Saw Bebee, Wemiss and Fair
cloth, all, fall together on the pavement
! Saw Hardie have hold of Bebee by the
coat. Hardie was standing little to the
rear and right. Witness did not hear Har-
dies testimony. Wemiss was to the left of
Bebee. Saw Capt. Tolar raise a pistol and
fire, killing Bebee. Saw the pistol imme-
d diately before he fired. Witness swears
s positively that he (witness) did not fire a
u shot. Tolar's shawl falling off his should
ers attracted witness attention. There
was no great difference between the size OF
e Tolar's pistol and the one had by witness.
q Immediately after the shooting, voice
I cried out, Z" If any one divulges anything
: about this, he will fare the same" Leg
t gett and Lutterloh were close to Ioar
/ when he fired. Powers was near to Bebee.
e Saw pistol in Ed. Powers hand minute
l. .4r,I
q ness only had one pistol.
d Saw j Ohm Armstrong near Tolar when he
S fired also Calvin Hunter and Simmons
o Witness was four or five feet from Tolar,
: when he (Tolarl fired. Heard some one
cry out, capt. Tolar shot him." After
t firing, Tolar turned and went around the
q east end of the market house, and witness
# lost 81 ht of him. Saw " Monk" trying to
. cut Bebee's throat after he was shot, but
n was prevented by Nixon. Immediately
b after the shot, witness showed his pistol
and said aloud, "The negro is shot-see, l
e did not do it," Heard some one say, I'M
( der the market house, before Bebee came
: down, 81 hope [ wont have to shoot, but
q if 1 do, will make good shot" Did not
d recognize the voice.
o Cross E.cani7aed: Am an intimate friend
II of w. H. Massie, father of Miss Massie.-
J. We both have been constables. Have lived
IL in Fayetteville over twenty years. WAS on
( the Coroner's inquest which sat two days.
J. kxected himself in getting up testimony
r Did not examine witnesses himself. Did
d not think himself at liberty to divulge what
IS he knew before was not bold enough tc
II own he knew who shot Bebee.
l. Witness did not say to Thos. A. Hen
re bricks, young man, eff you are friend
1T of mine, you will not examine these wit
T. nesses too closely to-day" Witness signed
I'd the verdict, which was that the deceased
he came to his death by pistol shot fired by
to the hand of some person unknown to the
IS Jury. Only saw Capt. Tolar at the carriage
about minute; the carriage was forty o.
n fifty feet off. Is certain he saw Tolar there
as at the carriage. Has no recollection of see
OF ing Maltsby, or anybody else, jump up OF
es bench and making any exclamation wheI
id Bebee was coming down the steps. Say
a Powers and Sykes, with others, sitting OF
he a bench, just little while before. Don
,e- think he saw Tolar, Hall or Lutterloh in thu
id first rush. Did see "Monk." Tom Pow
ers was In both.
as Witness had his pistol when Bebee wa
m shot held it in one hand don't think tina
IL he cooked it or rubbed it. Witness pisto
rd was larger than Tolars-or Powers. TOla
ct drew his pistol from the left side. Their
Mt we're two men between Tolar and Bebee
- when Tolar fired can't recollect who the,
it. we're. Don't recollect Tolar making an.
er remark. Didn't see him put his left han,
ne on any one. Tolar had left before witnes
n; showed his pistol showed it to Douglas
O. showed it afterwards at his store. Think
by Hendricks examined it then. Did not re
he cognize the voice, which said, before tn
lr- shooting, "Ihope L wont have to shoot
We but, if do, will make good shot"
ge Redirect; Had expected some difficult,
le- about Bebee's trial, because he had heart
e it on the street. Witness had no talk wit
sh Hendricks until at dinner time, just befor
'ot the final finding of the Coroner's jury
toll Had heard that Simmons knew who kille
lis Bebee, had conversation with him abou
We it, and he (Simmons) declined appearing q
ot a witness. Witness was told by Coroner
nd that the verdict must be found accordin
ar to the evidence given in, and not fror
Ir what the Jury knew themselves.
I'm Re Cross examination Talked with MI
ere Blake, the Coroner, before the finding o
Be- the verdict, at witness store, while tn
ii ! T,.x, cd for dinner I1reI lou