Mr Anderson was standing with his arms, as well as I remember, up on the car door. In a little while the car went to

backing and I could see Freeman back up a little ways and then started, Mr Freeman stepped back, had his pistol in his

hand, raised the pistol over the top of the car and then come down and fired one shot , the car just rolled about the same

speed when another shot was fired a second or two later. The car kind of gave a jump and went on. Hit a truck out the

street a little ways, and went on and I believe about the Hicks home hit a tree and stopped. I didn't go out there.

Q. Could you see, Mr Dailey, from where you were, Officer Anderson had Rucker Cornett covered with his pistol?

A. Well I could not say. When he had his hands, I think in the car. I could not tell whether he had a pistol in his hands

then or not, but he did have it when he crossed the street. As well as I remember he had the pistol up in the car when

he first went up there, but I could not say when his hands were out of my sight.

Q. You heard two shots?

A. Yes sir.

Q. Who fired these shots?

A. The two I heard John Freeman fired them.

CROSS-EXMAINATION by Mr Bratton:

Q. You were a former deputy sheriff and served here a number of years.

A. That is right.

Q. You were a former Chief of Police at Tellico Plains?

A. Yes sir.

Q. Have you ever been a policeman at Madisonville?

A. No sir.