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

out the eastern arch, when, from behind
the brick wall from him, he saw hand
stretched forth as if to grasp Bebee, and a
voice at the same time cry out "give up
the prisoner, I demand him %; saw no knife
in the hand; grasped it and showed the man
back; from his pox-marked face, thinks it
was Tom Powers; could not swear positive
ly; almost at the same time another like at
tempt was made from behind and one of
the policemen grabbed the man and went
down with him; does not know who that
Was; simultaneously hand reached at him
in front and threw him aside; pretty GER
tain that was "Monk Julia" After getting
out on the walk and near the corner of the
house, Bebee made a desperate effort to
escape from the officer or crowd, don't know
which; he, Bebee, fell down and standing be-
hind him he reached and caught him by the
collar of his grey jacket, back of the neck,
and assisted him up. Was behind him and
little to the right; had his (Hardies) left
hand in his collar just about the time he
regained his feet a shot was fired close be-
hind, which struck Bebee back of the head
and he gradually sank to the ground
| Thought, for the first moment, he, Hardie,
was shot the ball passed through and cut
off some OF his hair he glanced behind for
a moment; only recollects seeing one face
Phillips. Looked Immediately to the 'front.'
saw Doctor and called him to Bebee; soon
called another they said he would die in a
minute, las he did J did not see Tolar when
he looked behind. Don't know who fired
the pistol. When attempt was made on
Bebee, before he was shot, blow was
struck, and he heard something like a knife
fall it sounded like metal did not see a
knife, did not see anybody pick up one.
To questions by Court, replied that he
had heard that s'Monk picked it up and
kept it, but did not know where it was
now.
Sam Ioonaer, negro was next sworn
Had lived in Fayetteville for the last two
years, came from Chatham county, knew
Bebee and was present when he was killed;
was about ten or twelve feet from Captain
Tolar when he shot Bebee, and saw him do
it. Saw 'Monk try to cut Bebee three
times before he was shot. Also saw Sam
Phillips have pistol in his hands in the
crowd 1t was small, our-barrelled piss
tol, but saw him make no attempt to use it:
Saw no one have arms in the crowd except
Capt Tolar, 1" monk" and Phillips. Saw
John Armstrong lone of the witnesses)
standing within two feet of Tolar when he
fired the pistol, Said Sheriff Hardie was
in the front and to the right of Bebee when
he was shot.
James L. Nir0n, s,oOrn.-Keeps q grocery
in Fayetteville went to the market house
to hear Archy Bebee's trial was in and
about the market house for two hours, there
was large crowd there, probably hun
bred or more; saw "Monk and Tom Pow,
ers there.
"a drawing of the market house and vi
cinity, was here exhibited to the Court,
| showing the position of parties, &c.
When prisoner came down. accompanied
! by sheriff and others, a rush was made by
the persons near the steps, as if to see him !;
heard q voice saying, 81 demand the pris-
oner;;" thinks it was Tom Powers voice !;
after the prisoner got out on the side walk
heard a scutfle saw policemen using their
clubs. Heard a pistol fire andisaw Bebee fall;
did not see who fired it. Saw sheriff Har-
die, Immediately after, brushing through
his hair with his left hand Asked him if
he was shot ; said no but thought he was
Saw Monk pretty soon after, with knife
Did not see Tolar there until after Bebee
was killed.
Here Colonel Haywood, the counsel for
the prosecution, stated that he had said
differently in a private examination before
and, being allowed by the Court to ask the
witness a leading question, admitted that
he had, that he saw Tolar there, but had
forgotten it.
The foregoing is the substance of the
testimony taken last week. We commence
now with the regular report of proceedings
from Monday last.
MONDAY, July 29.-lL1s. Eliza Elliot, saOorn,
| lit may be here remarked that hers was the
only evidence expected to be introduced
against Mr. McRae) Saw Mr.. McRae
come out on the balcony, just above the ne
gro, Bebee's head, and point him out to
the crowd, saying, "there is the damned
rascal, shoot him."
On account of this woman's notorious
bad character style of evidence and I'M
doubted willingness to perjure herself, her
evidence was withdrawn by the prosecu-
ton.
NJ. jas. " Strange, next sworn. Was
a Magistrate who assisted McRae in the
examination Of Bebee. When Bebee was
carried down stairs by the Sheriff, McRae
was sitting at the West side of the table,
in the Southwest corner of the room, near
tne stove, and I, with others, was sitting
near him. He did not get up from his seat
until after Bebee was shot.
No cross examination.
! NJ. Joseph Arey next sworn Was a
Magistrate, assisted AIcRae in investigation
| OF Inc Charge against Deuce. MChao SAL
at the table and did not leave his seat after
the trial, until after Bebee was shot.
No cross examination.
Capt. II. ". Horne, sworn. Was Bebee's
counsel at the investigation. McRae, with
others, sat at his table after the trial was
over. McRae was writing thinks he was
writing when the pistol fired. After the
pistol fired, he, Horne, got up and went
out on the balcony and saw Bebee's body,
and Immediately went back and reported
it to McRae, aud others. McRae had not
left his seat up to that time thinks he and
McRae went down stairs together, pretty
soon afterwards.
No cross examination.
Here the Judge Advocate rose and re-
quested permission to enter mol. pros. as
to Mr.. McRae, when the Court was cleared
for consideration. After few moments,
the Court granted permission and ordered
his immediate release.
After notice being given that the pro-
ceedings subsequently and up to that time
might be published, the Court adjourned
until IL o'clock, Tuesday morning.