Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-13
THE MILITARY COMMISSION.
United States vs.. ToIar. Powers & Watkins
WEDNESDAY, Sept. 4th., 1867.

-.
stable in Fayetteville =; was acting as such
the day Bebee was killed. Went up stairs
with Miss Massie and mother and then
come down to get q drink of water; then
went back did not see any weapons W.T.
ness came down again soon with the ladies
and carried them to a carriage that was
waiting for them. The curtains OF the car
riage were all down, except the front ones
on either side. Witness remained at the
carriage one or two minutes while there
Tom Powers came mp and shook hands
with his sister, said Howd'ye" and moth
inc more saw Maltsbv about ten feet Oft,
but did not speak to rim. Mr.. CashWeu
and Mr.. Taylor came up and spoke
Maltsby did not speak to the ladies ; Capt
Tolar did not go to the carriage; he did
not speak to the ladies or to witness.
Mr.. Massey and Mr.. Robt. Mitchell, wit
ness thinks, did not go to the carriage
The carriage drove off, down Person street,
by direction of witness. Did not have any
special reasons for ordering the carriage
away except that the young lady was cry
ing Witness then went again up stairs and
came down behind Bebee. Did not notice
ANYTHING special in the crowd while coming
down the steps heard no cries Or exclama-
tons at that time. While witness was go
ing out of the arch, a rush seemed to be
made or rather a gathering in of the crowd.
! pushed down by some one striking against
} him, and before he recovered a pistol was
fired and Bebee killed. Did not see who
fired the pistol, Or the smoke or the cash.
Saw TOlar at the market house before the
firing Saw Mr. Nixon have Monk, carry
ing him away from Bebee.
Cross Examined WITNESS did not drive
Miss Massie there in buggy. She came III
the same conveyance with her mother,
, driven by negro. 1t is not usual to have
, as strong a police force as was employed on
this occasion, unless the prisoner is of a
l desperate character. Witness went to Isaac
l Hollingsworth's near by, after the ladies );
: they rode over in the carriage and witness
D followed them on foot, and helped them
e out of the carriage. Miss Massie was cry
ing thinks she was yelled. The crowd
was not very dense had no difficulty get
ting through it. Found the boy at the
u carriage. Don't think Tom Powers SAID
= anything further than above reported
Did not hear either OF the ladies exhort or
request him to leave the crowd, or any
i thing of the kind. Swears positively that
q Mr.. Mitchell did not go to the carriage.-
e Within three minutes after the ladies got
:, into the carriage, it was driven Off. Wit
e ness don't recollect that Maltsby spoke to
II him at all can't be very positive about
It it.
r Witness saw Capt. Tolar somewhere that
day, but can't say at what time or place.
h At the time Bebee was brought down stairs
y Hardie was in front also HOrnrnd aud
Il Mcclure. Wemiss and FalrclOth were
" on either side, and witness behind. Wit
n ness did not observe anything particular
in the crowd. As witness came out of the
e arch the rush excited him and he caught
q two or three men In his arms and pushed
IS them aside he then received shove from
one that threw him nearly across the pave
mcnt ami before he recovered the pistol
fired. Witness was facing East and the
e pistol fired on his right. Made no effort tc
5 apprehend the man who fired ; saw no one
u else make any. Witness did not think 1t
le was his duty, as the prisoner was then IL
II the hands of the Sheriff. Saw Monk some
lie minutes after Mr.. Nixon was carrying
IS him off. Witness passed through the
Ol crowd several times before Bebee was kill
u ed, but can't tell who else was there, excep
it the persons above named. Don't recOl
lect seeing any one there that day, having
re a weapon, except Monk, who had a knife.
J Redirect lis not positive about telling
l. the boy to get into the carriage and drive
:; off; can't say whether he was at the car
u riage or near by. Is not positive
as BY the Court Had no reason to expec
, an attempt on Bebee that day. Don
OF know of any case where as many officer
d. were employed as upon that OCCASION.
W James ". BrOtCn, SaUO7n Lives IL
ia Fayetteville was policeman there whel
III Bebee was killed went with Bebee from
the guard house to the market house,
e. Went down behind Bebee from the marke
1 house did not notice anything strang
40 until, Just as We went to 60 out on TIL
o. pavement, a rush was made by the crow,
~ and pistol fired that killed Bebee. Say
ly,,iU in no oJul
* can't say who they were. Did not see VIII
I'LL fired the pistol. Witness was up near BE
bee when the pistol fired and immediatel
he turned around and went back to til
main eastern arch, and there lie saw Capt
d" Tolar. He was standing liz the arch.
, Cross Examined :-Tolar was standing b
70 ~. himself in the market house some other
~ were standing near by. Can't say VIII
Tic they were. Tolar had on a shawl he Wa
oe standing perfectly still and looking toward
no the steps. Did not see Mr.. Cashwell in tn
re- market house. Witness was much frigh
,e' ened and ran back to get out of the row
~ Went under Eaircloths orders, to guar
d" Bebee received orders short while b
fore witness went. While Bebee's exam
.an nation was going on, witness saw Mr.. Bon
7n go down stairs don't recollect any or
eS COS else.
VII After we came down and got on the sid
Walk, INC IuSI WAS SO great IAaU wine
ls' had great difficulty in keeping the crowd c
etd en- Bebee Thinks only Wemiss had clu
me Heard Hardie say ''stGnd off" Saw Beb,
nm I'M stumble. Hardie was on Bebee's rig
III when he was shot. Saw Leggit and Sa
de- Phillips there also James Atkinson. So
aes these before Bebee came down stairs. Do1
he, recollect the name of single person W
'no ness saw after Bebee came down, exec
are Capt. Tolar After the pistol fired t
'r1S crowd was quiet.
co. Re Direct :-Wemiss was the only m
na- that had club. Witness saw knives tn
us, alarmed him. Has been policeman abo
ec' five years.
NY. Questions by The Court Witness turn
the and went back to the market house as so
I'm as Bebee was shot.
ncl- Court adjourned to Thursday, IL o'clot
Nv A. NJ.
lIee The name of the witness Watson, he
, On tofore printed Walford and Walten, shot
on read Walter Watson.-RFP.
the THURSDAY, Sept. 9Th, 1867.