A. I could not hear what he was saying but I could see the motions he made. Q. Have his hand in his bosom? A. No had his hand in his front pocket. Q. Did he have a pistol in his pocket? A. I could not tell. Q. Did you see the handle or bulk of it? A. I could not tell. On the other side of the streeet. Garrett didn't arrest him. Ol Tallent came along and got Rucker and got him in the car. That was something like an hour before. Q. Had you seen him from that time until the shooting? A. He came back out the street and parked, something like an hour. Q. That was the second time that day that you had seen him? A. Yes. Q. What was his condition, was he drinking? A. He was drinking. I don't know just how drunk he was. Q. Of course you were expecting trouble when you saw John and Garrett? A. Yes, I figured they had come to arrest him. Q. Did you know they had a warrant? A. No I didn't know. I stepped back down there. Q. What kind of car was Rucker driving? A. A Ford. Q. The gear shift was on the floor board? A. Yes. Q. You could not see where his hands were at all times? A. I could see his hand go down when he went to cutting his car around. Q. You say Garrett walked up on the side you were on, opposite the driver, and the first thing you noticed he had a pistol up?
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