Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-06
From the Raleigh Sentinel
TIE MILITARY COMMISSION.

WEDNESDAY, Aug. %, 1867.

j WEDNESDAY, Aug %, 1867.
Il Duncan H. NcAUiste7', sr0Jn: Is far
mer lives eleven miles n. E. Of Fayette
vile. Know John Armstrong IAN impor
tant witness for the prosecution and hi
general character for truth it is not good
! has known it for some time.
/ Cross E.cotnliued: John Armstrong i
about thirty-fve or forty; he used to be
long to Mrs. Jennie Armstrong. Her plan
tation is in my neighborhood. John ha'
lately been living at her sons. Have hearC
his character called to question Ivy Mr.
| Stuart, Mr.. Murphy, Mr.. McKoy, VIM
| Murphy, Mr.. Pembcrton, McPhail, Meal
lister, and several others. Stuart spoke o.
John Armstrong swearing to a lie about al
account against his former master. Heard
Mr.. Murphy speak of John Armstrong in
connection with cattle stealing, and said
he would swear to anything. Also, since
Shermans army came by, heard Murphy
say that John Armstrong volunteered his
services to swear falsely in regard to a
mule.
Heard Mckoy. who was an officer in the
county, say frequently that John Armstrong
was unworthy OF credit Heard VIM. Muir
ply say lately, that he would not believe
John Armstrong. Also heard several 9th
ers to the same effect. Witness was not IN
Fayetteville when Bebee was killed. Is an
acting Magistrate in the neighborhood,
where John Armstrong came from.
Redirect: Have heard the persons above
named say that the character OF John Arm
strong for truth is bad also several others;
have never heard anybody say it was good.
Questions 6v Court: John Armstrong was
never arrested for stealing cattle for want
OF sufficient evidence. There were desert
6rs from the Confederate army near Fay
etteYille, during the war, who frequently
stole cattle. There are some negroes wit
ness would believe on oath as quick as q
white man, but, generally, he would give
preference to a white mans OATH
Upon 81 sworn affidavit, introduced by
Capt. Tolar, Griffin Chance (negro) was or
dered by the Court to be summoned as a
witness for the Defense.
Gta'l0n S. DemiHu, Str0r1: Reside in
Fayetteville. Witness business place is at
l. 3. Davis store. Was at the market
house while Bebee's trial was going on;
only remained a few minutes; then went
back to upper story Of Davis store; looked
out of the window and saw DeDee on the
pavement; he looked like he was just re-
covering from fall. The window was
raised. The noise attracted witness atten-
ton and he look ont the window. Saw q
pistol go off and Bebee fell; saw the flash
and smoke. Bebee was on the pavement
then, about the middle of it, near the S.
+. corner Of the market house. Heard him
say g stop pulling me-" or something like
that. The pistol was about two feet and u
half from his head and to his rear and left.
There was compact crowd to his rear,
which was in motion. Can't say who fired
the pistol.
Witness won't down and saw Capt. Tol3r
there, after Bebee WAS killed; he was in the
market house. Saw Ichabod Davis on the
walk between his store and the market
house. Saw Sam. Phillips there, after the
pistol fired. Don't recOllect seeing a single
weapon there that day except the one that
shot Bebee.
To tie Question Was Il. NJ Orrel a
Captain Of local police i'll 1860
Objection was made by the Prosecution,
which objection was sustained by the Court
Witness is acquainted with the hand wri-
ting of Robert NJ. Orrell, and testifes that
an order produced in Court was signed by
Capt Orrell.
1t was decided by the Court that the or
der should not be received in evidence.
Cross Eru32ineU: Have been living in
fer the last fifteen or sixteen
years. The day on which Bebee was killed
was rathCI cool can't say it was windy
Went over to the market house to hear the
trial, but was not admitted. There were
twenty or thirty persons there at that time.
It was about three-fOurths OF an hour after
first went to the market house that Be
bee was killed.
Witness looked out at the window, when
5he ladies got into the carriage and saw
IOlar, EPOwers and others go to 1t. Don't
'ecOllect any EXPLANATIONS from the crowd
saw Faircloth have club saw no one
make an assault upon Bebee. When wit
ness went down, after Bebee was killed, I.
B. Davis was standing on the causeway, be-
tween the sidewalk on the side Of his store
and the market house saw him there when
witness returned ; saw TOlar standing under
the market house talking with some one.
While over there, witness heard Isaac Beck
ton (negrO) say g Capt. TOlar shot him.
Never saw Tolar wearing pistol. Am
not q Mason.
Redirect: [. i. Davis was near the same
spot when witness passed him both times
Heard BectOn say "Tolar shot him. -
Capt. Tolar was then about thirty feet Off
There was a crowd talking between Becton
and Tolar, in about the same tone of voice
that Becton spoke.
Questions by Court: Witness was about
six feet from Becton, when he made this
between him and the market
house.
Court adjourned to Thursday, II o'clock,
A. NJ.
THURSDAY, Aug. %, 1867.
IVn1. j. McPhui, Stc0yu Live in Fay
etteville. Has known John Armstrong
WITNESS for the prosecution) since he was a
boy; has lived within three or four miles of
him; knows his general character for truth
and veracity. tits bad. Has heard many
persons say so.
CrOSS-E.c0nined lis not related to any
OF the parties on trial Thinks that John
Armstrong Is about thirty or thirty. five
years of age. He has had a bad character
ever since he was grown.
A. Il. OLchGy, StrOrn Live five miles
this side of Fayetteville. Knows John
thinks he is about thirty or
has lived two or three miles
from him. Knows his general character
for truth it is bad.
Cross E'camined:-Is farmer. Under
stands by general character" what the
say about him. Have heard
that he was drinking man, that he was
and that he was a liar have
heard dozens speak Of him and all agree in
this.
Billy Sea0ort (negro) soco77o Have been
win