Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-30

saw seMonk" cutting at Bebee with knife.
Saw Bebee stoop or fall down. just as
Bebee rose up he was shot /; at that time he
was about the Southern edge of the small
Eastern arch.
Witness was to the rear of Bebee then,
and about four feet from him had moved
his position. Hardie and Wemiss We're
with Bebee. AT that time the pistol was
fred to witness left and front. Samuel A.
Phillips presented the pistol, fired IL, drew
it back, held it up moment and returned
it to his breast. Witness saw the pistol
fire saw the smoke and swears there can
be no doubt about Sam Phillips shooting
it: that his conscience is clear on the sub
iect. Witness told this to Mr.. Fuller be-
fore Phillips had been arrested, after Tolar
had been. Heard that Fuller was Counsel
for Tolar, and witness conscience hurt him
about keeping this back and he went to
FulIcrs Office, found him in his front room
talking with gentleman; witness asked
him to go into the back room, and there
he told him all about it, excepting the
name of the man. Said it was man VINO
had been friend Of Mr.. Massle's before
the war. One who had been an old con-
stable with him.
Cross Examined: Works at McKethan's
shops Had heard of trial being held by
the Coroner's Jury. Told Mr., Fuller about
this about the 1st of July; was subppnaed
on the Dist. Was summoned as witness
before Sam. Phillips turned States evi-
dence. Have never talked with Rev. Mr..
Tucker about swearing in this matter; has
never told or said anything about an oath
before this Court not being binding; wit
ness thinks it would be binding. MIR.
Thomas Lutterloh has loaned witness six
dollars, and sent him a draf5 for twenty
five dollars, since witness has been here
Witness has said something to Nixon about
it. Heard of this outrage upon Miss Mas
sic after two o'clock the day Bebee was
killed.
When the carriage Was at the market
house. witness saw the ladies and Mr.. Bond
90 to it, Tom Powers and Mr.. Cashwel,
and no one else. Witness saw scratches
and bruises OH Miss Massie's neck; thinks
others must have seen them. The crowd
showed some signs Of excitement at that
time Bebee passed within Jour or five feet
OF witness when be went out. Bebee was
lust out from under the main Eastern arch
when Powers grasped him. Witness knows
nothing of q combination to kill Bebee be-
tween Sam. Phillips or anybody else. Very
soon after Powers demanded Bebee, wit
ness saw " Monk after Bebee with a knife;
saw him strike with club; policemen said
L" keep back.
Bebeo was about two feet from the edge
of the pavement when he was shot when
the bali struck him he was not standing
straight up, but rather stepping to the
front. When witness first saw Sam Phil
lips, he was in the act of firing he fired
and then drew back the pistol and returned
it under his coat i'll his pocket. Witness
cannot tell anything about Phillips cloth
ing did not hear Phillips use any express
sion Immediately after. There were two
or three persons between witness and Phil
lips when the latter fired but witness can't
tell who any of them were. Has no ami
mostly against Sam Phillips, and no par
ticular friendship for Capt. Tolar. Have
never talked with anybody about this, ex-
cept Mr.. Fuller, Counsel for defence. Has
never told Mr.. Pepper that witness did
not know who shot this pistol.
Witness swears before Almighty God that
Sam. Philips shot the pistol that killed Be-
bee. and that there can be no doubt about it.
Witness told Mr.. Fuller from a sense of
duty. Was summoned before Phillips was
released; has expected to testify as he has
done, from the first.
Re Direct: Witness subpoena directed him
to appear here July 25th. 1t was after Phil
lips had left Fayetteville for Raleigh that
he received it.
report, at the same time he first saw it.
Saw the pistol the instant before it fired.
The pointing of the pistol attracted witness
attention or, rather, he couldn't say which.
it was done so quickly; he saw the trigger
pulled.
The Court adjourned to meet on Satur-
day at 10 clock, A. M.
SATURDAY, Aug. "a, 1867.
The Court met at the usual hour but, on
account of the absence of expected wit
nesses, adjourned, without taking further
testimony, until this (Monday) morning, at
II o'clock.
SATURDAY, Aug "a, 1867.
We were in error in stating that no wit
nesses were examined on Saturday The
following proceedings were had
James II. MVrOUer. S,cOrn Am editor of
the Fayetteville News. Went to market
house at three o'clock the day Bebeo was
killed, to hear his trial. Was not allowed
to go up stairs. Arrived there before Be-
bee was brought from the guard house,
There were ABOUT one hundred persons
there. There was no particular excitement
there while Bebee was up stairs. Saw Tolar
and Monk there noticed something
peculiar about 'Monk's manner. Also
Hall, Ed. Powers, Leggitt and Lutterloh
were there-the latter not until Bebee was
killed. Hall was talking to witness when
Bebee came down, and remained with wit
ness until after Bebee was killed. Witness
then won't to see Bebee's body, but Hall
did not go with him,
| Cross Examined Saw Bebee as he was
brought down stairs saw Faircloth and
Hardie with him, but don't recollect the
names of any others saw no violence to
| Bebee as he came down stairs. When he
got down, saw the crowd rushing up. The
crowd from the outside rushed up to the
arch. Saw Il negro woman running about,
crying "they will kill that man.
Thinks Miss Massie went up stairs after
Bebee Saw Capt. Tolar, while Bebee was
up stairs. Witness has told all he knows
about it,
TO questions by tie Court: Answered that
he was attracted by" Monks singular ap.
pearance on that day, and his manner,
which caused witness to inquire who
90 Monk was.
lLattAeo Morgan, (negro) s,ro,p: Was
rendered by the defence to the prosecution
who declined to examine him.
Pending q discussion relative to the mat
ter the Court adjourned to Monday