Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-09

Bebee carried to the market house heard
some one say that no one should go up
stairs. except the witnesses, which pre-
vented me from going up.
[ saw Monk Julia walking up and
down on the east side of the market house,
cutting a stick saw Tolar there, also John
Hollingsworth nothing attracted my at
tention before the ladies came down ; saw
them get in the carriage and it drove off
saw Bebee come down stairs Heard some
one say, ct demand the prisoner - saw
Monk try to cut Bebee with knife.
Bebee started to the guard house. Soon
after he got out Of the market house he
and the officer that had hold of him, all fell |
down together The crowd kept pushing
on Bebee. When he rose up, Capt. Tolar
came up and laid his left hand on my
shoulder and drew a pistol, which he placed
in six inches of Bebee's head, and fired it
and killed him. Tolar then adjusted his
shawl and walked off. Saw Phillips soon
after; he had pistol in his hand, but there
WAS only one pistol fired that day, and To-
lar fired that Phillips spoke to me soon
after. Some one in the crowd cried out,
"anybody that knows too much about
this will fare likewise" or something to
that effect John Hollingsworth was there
armed.
cross Examined: About forty or fifty
there at first, but crowd kept increasing. =
Nothing attracted my attention before the
prisoner, Behee, came down. Remember
seeing only Monk and Tolar before Bebee
came down. When the prisoner was
brought down remark was made, Sc de-
mand the prisoner" Saw Monk afterwards
try to cut him. Saw Bebee, Faircloth and
Wemiss all fall down together. I rushed
up towards them and got near enough to
put my hands on Bebee. When Bebee rose
up somebody had both hands in his COM
fort, which was about his neck. There was
no one between ne and the man who fred
the pistol. [ swear that man was Capt.
Tolar His shawl slipped off his right
shoulder and he made motion to re-
gain it.
Calvin Hunter was right near me. I did
not see John Armstrong there. Did not
hear any one make remark to Capt. Tolar
when he shot.
There was nobody between him and Be
bee, when he shot, except Mr.. Faircloth,
who was down on his knees. Can't say for
with Miss Massie and mother.
Redirect Il was standing near enough
to touch the prisoner when he was killed.
Nobody was between me and Capt Iolar !;
he caught hold of my right shoulder and
pushed me little aside. Can't say wheth-
er Sam Phillips had on pistol that day OF
not.
Court adjourned to Monday, IL o'clock,
A NJ
MONDAY MORNING, Aug. 5, 1867.
James Mcneil, negro SoOorn: Live in Fay
etteville was there when Bebee was killed.
I am Cabinet Maker. Bebee was also
called Archy Warden he was killed one
Monday. Was not at the market house
when he was killed, but was there before
and after was standing at the East end of
the market house when Bebee was brought
from the guard house there was a very
large crowd gathered about there. [ saw
Captain Tolar, Tom Powers and ''Monk
stairs and get into the carriage was about
fifteen feet from the carriage when 5hey
got in. Mr.. Tolar spoke to them, after
they got into the carriage. Miss Massie's
mother called Tom Powers to her and talked
with him, as the carriage drove Off, [ heard
her say, F'Tom, don't you have anything
to do with it," and he shook his head as if
to say mo" [ soon afterwards asked Mr..
Powers if the young lady was not related
to him, and he said ''yes, she is my niece >
he was weeping. Soon after, Capt. Tolar
came up to Powers and took him off, say
ing to him, as he went, 'syou will only have
TO graz MIN wien lie cOmeS llO"u tAc
and that will break the ice" That remark
frightened me off, and I ran off to Mr.. Eos
ter's store as fast as / could, about forty
or fifty yards off.
Cross Examined: Name is Mcneil came
10 market house, first, between two and
three o'clock Heard the Oldest lady in
the carriage say ''Tom, don't you have any
thing to do with that, you 60 home" and
he shook his head heard Capt. Tolar tell
him, tom, you grab him when he first
comes down ano that will break the ice and
that is all you will have to do" They
were two or three steps in advance of me
: that time. Lave no doubt but that those
were the words used.
Redirect: Did not see anybody speak
to Mr.. Bond.
In replyto questions by Court: When To-
lar spoke to Powers, the full expression
was tom, as be comes down the steps
you grab him and that will break the ice,
and we will put him through"
Second Cross examination L have not
mentioned anything about this before, eX-
cept to boy at the store the day it occur
red, and to Gen. Avery and Col Haywood
since [ have been up here. The reason [
did state ''andwe will put him through y
in my direct examination, was because L
forgot it.
Philip Picket, (negro,) sworn Live in
Fayetteville know Archy Bebee or War
| den he goes by both names saw him the
day he was killed was at the market
house. [ saw Capt. Tolar, /" Monk" DR..
McDuf1ie and John Hollingsworth there ;
they were talking together. Hollingsworth
had on pistol. Saw Tom Powers in the
market house sitting on Becky Bowe's
bench there was good many persons
;-ere Saw Mr.. Bond help the ladies in
j the carriage heard Mr.. John Maltsby ask
MI Bond if Bebee was found guilty, and
Mr. Bond said Eyes," and then he, MaIts-
by, went back and told Mr.. James Jones,
and some other words passed between
them. Did not see anything happen until
Bebee got out on the pavement, when a
rush was made at him and [ saw " Monk y
with knife trying to cut him. After that
they had scuttie and Bebee and the Off
GERS with him all fell down together as he
was rising up Capt. Tolar stepped up and
shot him. Can't say what was the size of
the pistol am certain it was Tolar who
fired the pistol he had on shawl was
nearer Bebee than Tolar, when the pistol
fired. Sheriff was right by the side of Be-