Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-06
THE MILITARY COMMISSION.
United States VS.. Tolar, Powers & Watkins.
MONDAY, Aug. 26, 1867.

eJC
Know Bebee; he drove dray for witness
He had formerly been in the employ ol
, John Maltsby and father. John Maltsby
informed ne the morning before Bebee
was killed, of his attempt upon Miss Mas
sic He brought witness his keys, that
Bebee had in his possession, before witness
got out of bed. Witness and John Malts-
by were making arrangements to bail Be
bee before he was killed, and told Dennis
Hogan to get Mr.. Fuller to appear for his
} defence. Witness was at the market house
when Bebee was killed; went there for the
purpose of getting him bail. The carriage
with Miss Massie and mother drove off ve-
ry soon after witness got there. Witness
did not see Miss Massie or mother; saw
John Maltsby and others at the carriage;
saw Capt. Tolar, Ed. Powers, Mr.. Leggitt
and Mr.. Lutterloh Standing together. Wit
ness did not hear their conversation
Heard some say the negro ought 10 be
killed. After the carriage drove of, Malts-
by came to witness and told him that B
bee had been found guilty, aud tt,-y wax
ed up and down together, outside the n&I-
ket house. Maltsby and witness were on
the outside of the market house, when Be-
bee came down stairs. Witness saw rush
made upon Bebee. Maltsby was not in it.
Witness vas at the S. E. corner of the mar
ke5 house, outside, when the pistol fired
Did not see who fired the pistol; did not
see Bebee fall. Witness is first cousin to
Maltsby, and brother-in-laW to g Monk. -
Witness married " Monk sister,
Cross Examined: Bebee was in employ
ment of witness when killed. Went to
market house to get bail for him; there
was no understanding between witness and
Maltsby to that effect. Why witness did
not go up stairs, at the market house, was
because he heard that no person would be
allowed. There were some fifty or sixty
persons there. Maltsby was not out of the
presence of the witness from the time that
he (NIaltsby) came from the carriage until
Bebee had got out on the sidewalk. Wit
ness did not see a rush. Did not see Tom
Powers there that day. Did not hear any
one demand the prisoner. Did not see
any weapons there that day. Heard, i'm
mediately after the pistol fired, several
voices cry out that Captain Tolar shot
him. Heard cries, immediately before, of
"kill him. Saw Nixon bring Monk
out of the crowd ; he was swearing and
raving. Did not see him have any weapon.
monks" real name is William David
Watkins.
Redirect: At the time Bebee came out
of the arch, Maltsby was with the witness );
if any rush was made, previous to that
time, he, Maltsby, was not in it. The cries
of "Capt. Tolar shot him were minute
or so after the pistol shot.
Question By tie Court: Did not see Saml
A. Phillips at the time the pistol fired.
The Court here took recess of five
minutes
NattteoU Morgan was called, and the ten
der by the Defence having been refused by
the Prosecution, he was examined by the
Court, and testified as follows:
Was at the market house in Fayetteville,
when Bebee was killed. It was about p
NJ, on the 18th of February last.
Saw Capt. Tolar there; he had Navy
going to shoot Bebee. Witness was on the
pavement. Witness did not see Tolar shoot
the pistol he had; the last time he saw Tolar
with it he held it in his hands.
He heard the report of pistol and saw
Bebee fall !; very soon afterwards, he saw
Mr.. Sam. Phillips walking off towards his
store with pistol in his hand, which was
q larger one than Capt. Tolar had
IH0S. 4. Hendricks, s,co7m: Live in Fay
etteyille. Was in Fayetteville the day Be-
bee was killed, bat not at the market house.
Was one of the Coroner's Jury. It COM
menced the afternoon of the day Bebee was
killed. We made up verdict on the
third day. We all signed it on the third
day.
TO The Question: Was Saml Phillips a
member of that Coroner's inquest the
Prosecution objected.
The Counsel for Defense said that it was
proposed to prove a matter of fact-that
he was men. Der of that Coroners jury.
The Counsel for the Prosecution conten-
ded that the records of the proceedings
now in existence were the proper evidence
to offer, as they were the best.
The Defense said it was only fact they
wished to prove, and argued to show that
their course was correct.
After somewhat protracted discussion,
the Court, after due deliberation, decided
that the objection Of the Counsel for the
Prosecution should be sustained.
Question by Defence AT the store of
Sam'l A. Phillips, on the day above spoken
of, did you have any conversation with
Saml A. Phillips about this matter?
Upon the witness replying in the afirma-
tive and the witness being asked to give it,
the Counsel for the Prosecution again Oh
jected.
Upon this long discussion followed.
The Prosecution objected to the declara-
ton of Phillips be given.
The defence said We wish to impeach
him as a witness.
The Prosecution said, not in that way
GudI, on IL previous OccdSlOu, L Hill DS
been questioned on q certain point by the
Defense itself, and had answered it, and
that they could not introduce evidence to
contradict it that this was collateral evi-
dence, not Immediately material to the
issue and that they were bound by the an
sWer.
The Counsel for Defense replied by say
ing that it was not collateral evidence that |
they maintained that Sam1 A. Phillips |
killed Bebee, and that everything that went |
to prove it was pertinent to the issue.
After long argument, to which justice |
could not be done by the Reporter in an !
abstract like this, the Court decided that it |
would sustain the Counsel for the Prosecu-
ton. After some further discussion, the |
Court adjourned to meet on Tuesday, at 10 |
o'clock, A. NJ.
TUESDAY, Aug. 27 1867.
Washington FdircIotb, secorn Aged sew
enteen. Live in Fayetteville. Was at the
maket house the day Bebee was killed
Was there before he was brought from the
guard-house. Saw him carried up stairs
Stayed there few moments and went over
to Mr.. Moore's store; in about five minutes