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

was frightened, as ne LnOuSnG tnat oueEiH
Hardie had been killed. Saw Tolar have
OF, a pistol, but did not see him have 1t out;
II was in his belt. When witness said ''all
right" to Phillips, he (witness) turned
around to look at the pistol, but Phillips
mt it behind him under his coat, Tt was
a large pistol Soon after, witness heard
Phillips offer to show it to some one else
Saw Tolar after the pistol fired he stood
about the market house q little while and
then witness lost sight of him. Witness
then went up town. Had been summoned
as a witness in this case, and when witness
arrived in Wilmington, on his way up here,
he was told that he was going to be arrest
ed, and he came up to Raleigh and report
ed to Gen. Avery, and was turned over to
the officer of the day.
Cross e.cdnaiEed: Made no agreement
with others to attend Bebee's trial heard
of the attempt on Miss Massie,- Sunday
evening, maybe before. Know of no COM
bination to kill Bebee, and did not exp ect
it, Witness father told him not to go as the
blacks might attempt to rescue Bebee not
to get into any fuss. Has not seen TOiar in
eight OF ten days before he had been alb
sent. Tolar frequently stopped at witness
store. Never has had Tolars pistol in his
hand, thinks it was a large pistol has a
navy pistol at home, it is about the size OF
the one exhibited.
Heard Maltsby say, he had come to stand
Bebee'S bail if Bebee was innocent, he
(Maltsby) was Bebee's friend, but if guilty
he would have nothing to do with him.
Heard him ask Bond if Archy was guilty.
Witness and Maltsby were then near Becky
Ben's STALL saw Bond and others at the car
riage with the ladies Tom Powers talked
with them. Don't think TOlar went to the
carriage. Tom Powers was weeping and
seemed completely overcome. Did not see
Sykes or Oiphant there. Did not hear any
body say, ''rally boys" but heard some one
say, ''here comes the rascal" Monk
had knife and said elf they would let
him, he would like 10 fix him." Saw Tom
Powers grasp Bebee under the arch heard
Sheriff Hardie say "go away Tom, the
prisoner is mine" 6 Monk" had All or
binary knife, and was not pushing up when
he talked about liking him" The ne
groes outside seemed much excited
Heard somebody say fix him." or " kill
him." while on the pavement heard some
one say, there, he is trying to get away.
Saw the pistol fired saw the muzZIe Oh 1t
when 1t went off. TOlar was close to wit
ness when the pistol fired the person who
fired it was to the left and front Of witness.
Saw three or four pistols there.
Witness admits that he told nothing OF
Philips pistol to the Coroner's Jury is
not positive he told Mr.. Fuller about Phil
fps before yesterday. Saw John Armstrong
before the pistol fired, about sixteen feet
from Tolar after the pistol fired he was
near the same place. Witness went to the
market house after Tolar was arrested and
stood in the same place and thought over
the occurrence, position, &C., to refresh his
memory.
10 tie Questions ofdle Court Am q Ma
son Capt. Tolar is Il Mason.
Re Direct Nothing was asked witness
at the inquest about Philips.
Court adjourned to Thursday morning.
THURSDAY, Aug. %.
Henderson Locking, sco1n: Live in Fay
etteville Was at the market house when
Bebee was killed; saw Bebee brought down
stairs. Heard Tom Powers demand the
prisoner. Saw "Monk with Anife.-
Bebee was upon the pavement when shot +;
saw smoke and heard report, but did not
see who shot. The smoke arose about four
or five feet from Bebee and near the edge
of the pavement. Saw Sam Phillips have
pistol Immediately after the firing; saw
no other pistol that day. 1t was a repea-
ter, about ten or twelve inches long. Did
not see Capt. Tolar then OF afterwards,
that day. Know of no agreement to kill
Bebee.
Cross Examined: Rose early that morn
ing. Heard of the attempt on Miss Massie
that morning. Jordan Branch told me
about it Others also told me. Did not
hear that m attempt would be made to kill
Bebee that day. Had 10 reason to expect
it. The carriage was about twenty or thir-
ty feet from the east end of the market
house. If Tolar or Powers went to the
carriage, witness did not see them. Saw
no signs of violence on Miss Massie saw
her crying. AS Bebee came down, witness
heard no cries of "there he comes, - or
"tnere he is" or "there is the damned
rascal" or orally boys" Saw Powers
grab at Bebee and demand him, but saw
no knife in his hand. Heard Sheriff say
"stand back, gentlemen" Did not see
Sheriff grab Tom Powers wrist. Powers
was in the midst of the crowd when he
made his demand.
Monks " knife was small did not see
the knife strike Bebee. The crowd pressed
on Bebee from the time Powers demand
ed him until he was shot. Heard no cries
or blows by clubs.
Witness thinks the day was tolerably
still Was not looking particularly at Be
bee when the shot was fired. Saw Sam
Phillips with pistol just after did not
SSS SL1OhC COul0 lIO" IL Olu IlOG set
him take a cap off or rub it. Thought then
that Phillips did the shooting; told his wife
so. Told James Atkinson about it two or
three weeks ago, since he heard that Sam
Philips had turned States evidence.
Was summoned Monday. Is not Ma
son. No particular acquaintance of Tolar's;
brother-in-law of Atkinson's.
After shooting, left Immediately. Heard
no one say Tolar did it.
Sebastian Arey, sworn Was present at
the market house when Bebee was killed,
saw large crowd there. When Bebee
came down saw an attempt made by the
crowd to take him away from the Sheriff
Saw the crowd rush towards Bebee and
heard Sheriff say ''stand back, gentlemen.
Saw hand with knife in it; can't say
whose it was. When out on the sidewalk,
Bebee tried to get away saw him struggle
and fall. Hardie was at his back Saw
Phillips have II pistol about that time
The crowd pushed, and some cried 'Fshoot
him, kill him" The pistol Phillips had
seemed to be pointing towards witness
Witness jumped and just then heard PTS
tol fire saw smoke can't say who free
the pistol. Pistol was five feet from Be
fo1I l.;