Appearances:
R. Beecher Witt, Attorney-General
E. R. Sloan, Attorney
for plaintiff
Frank N. Bratton, Attorney
for defendant.

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R. Beecher Witt,

E. R. Sloan

For plaintiff.

Frank N. Bratton

For defendant.

 

 

 

On the trial of the case, the following motion was made:

 

Mr. Bratton: If Your Honor please, the defendant moves the Court to quash the indictment because the charge laid in

the first part of the indictment is repugnant to and inconsistent with the latter part thereof in that: (1) the first part of

the indictment charges the defendant John Freeman with making a felonious assault upon the body of one Rucker

Cornett, and the latter part charges that the defendant John Freeman assaulted himself' and does not aver that the

deceased was killed by the defendant; (2) because the facts alleged in this indictment do not state the charge of

murder in the first degree and that the indictment, although stating the name of the person who was assaulted, did

not state the name of the deceased with reasonable certainty; (3) that the indictment does not charge the defendant

John Freeman with any offense, except that of felonious assault; (4) that the indictment does not allege that the said

Rucker Cornett was killed by the defendant John Freeman; (5) because the indictment generally does not charge

any offense whatsoever, so that the defendant cannot be tried in denial of his rights guaranteed by the Constitution of

the State of Tennessee.

Court: Motion over-ruled.

Mr. Bratton: The defendant excepts to the ruling of the Court.

The Jury having been sworn:

Mr. Bratton: I would like to renew my motion to quash the indictment.

Court: Motion over-ruled.

Exception by defendant to ruling of the Court.

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The following testimony was heard for the State: Witness Mrs. Tommie Cornett, being first duly sworn, testified as follows: DIRECT EXAMINATION BY R. Beecher Witt: Q What is you name? A Mrs Tommie Cornett. Q. Where do you live? A. With my father, Ross Joines. Q What relation did you sustain to Rucker Cornett? A. I was his wife. Q Is he now living? A. No; he is dead. Q. When did he die? A. August 5, 1948. Q How old was Rucker? A. Thirty-six. Q. Do you have any children? A. yes; three. Q. Where did you first see his body after he was killed? A. I didn't see it until after they brought him home. Q. Was that after it was brought from the undertakers? A. Yes; it was the next day. Q. Did you live in Madisonville at the time? A. Yes, sir. Q. What business was he in? A. Operating a restaurant. Q. When had you seen your husband before? A. About 2 o'clock. Q. I take it you do not know anything about the wounds? A. No, sir. Q. Are your children all small? A. Yes, sir. Page 2   Q. What are their ages? Mr. Bratton: I think this is far a field. Court: Go ahead. Cross-Examination waived. Witness Frank Hargis being first duly sworn testified as follows: DIRECT EXAMINATION by Gen. Witt: Q. Your name is Frank Hargis A. Yes, sir. Q. Where do you live, Mr. Hargis? A. I live between Vonore and Madisonville. Q. Out this direction - East? A. Yes, sir. Q. Did you know Rucker Cornett in his lifetime? A. Yes sir. Q. Were you in Madisonville on August the 5th- the day the election took place last August? A. I was. Q. It was election day, wasn't it? A. Yes, sir. Q. Do you also know the defendant John Freeman? A. Yes sir. Q. I believe he was city policeman here? A. Yes sir. Q. Mr. Hargis, were you present, or near the place where Rucker Cornett was shot and killed? A. Yes sir. Q. Where did that take place? A. Out in front of Frank Lowry's store. Q. That is right over here near the corner? A. Yes sir. Q. Is that in Monroe County? A. Yes sir.   Page 3 Q. It is not very far from the courthouse, is it? A. Not so awful far. Q. Tell the jury what you saw - begin at the beginning and tell it all as near as you can A. When Rucker drove up I was aiming to get him to take me home; just in a minute or two after I got there Mr. Freeman and Mr. Anderson came up. Q. Who is Mr. Anderson? A. Anderson was a police. Mr Freeman asked Rucker what was the matter with him. He said, "Not anything" and started backing his car up over the curb and Mr Freeman shot one shot. Mr Anderson reached in and pushed the car out of gear, and he put it back in gear and Freeman shot another shot just about the time he went to backing out. Q. Had the car pulled into the curb when he started or into the street? A. He had pulled into the curb when I went to talk to him. Q. All the way against the curb. A. Yes sir. Q. Was the motor still running? A. I can't say for sure, I don't believe it was. Q. If I understand you say at the curb, it was not edgewise, they park over there against the curb,sort of edgewise? A. Yes sir. Q. Were any other cars parked there at the time? A. Yes three or four more. Q. From which direction did Mr Anderson come? A. From the filling station across the street? Q. The one on the corner? A. Yes sir. Page 4 Q. Did they come up at the rear of the car? A. Yes sir. Q. Was anybody in the car with Cornett? A. No sir. Q. Which side were you standing on? A. I was standing on the left side. Q. From the back of the car? A. On the driver's side. Q. Up near the driver? A. Yes sir. Q. Did you move away or move back? A. I didn't move back until he started backing out. Q. At the time Mr Freeman fired these shots did you see whether or not Cornett had a pistol? A. He did not. Q. Did you see where his hands were? A. His left hand was at the steering wheel; his right hand on the shift gear of the car. Q. Had the car backed all the way out and straightened up when he was shot? A. No sir. Q. What happened after the shots were fired? A. Rucker went on out the street. I didn't go out there. Q. How far did he go? A. Out about the Baptist Church they said. Q. Did he run in a straight course or zigzag when he went through there? A. It wasn't zigzagging when I last saw it. I turned around. Q. Those are the only words you heard spoken between the two men? Page 5 A. Yes sir. Q. Did you se any previous trouble that day? A. No sir. I did see him that morning but just spoke to him. Q. Could you tell whether or not he was drinking at the time you talked to him? A. When he was driving you could not, but I guess I smelled some whiskey on his breath. Q. Wa Mr Freeman on the left or opposite side? A. He was on the driver's side. Q. Did he get up on the running board? A. No I don't think so. Q. Mr Anderson on which side? A. On the other side. On the right hand side. Q. Were the windows down on both sides? A. They were on the left, I wouldn't say on the right. Q. Anyway Mr Andersen reached in and threw the car into neutral? A. Yes sir. Q. Did Mr Anderson fire any shots? A. No sir. Q. Is that all you know about it? A. Yes sir. Q. When they came up did you see whether or not either one or both officers had pistols? A. No when they come up John didn't have his out; I don't know about Garrett on the other side. Q. You don't know which, if either one, had warrants? A. I don't know. Q. Did you hear anything said about serving a warrant? A. No sir. Page 6 CROSS-EXAMINATIONI by Mr Bratton: Q. What time of day was this, Mr. Hargis? A. I don't know- in the evening. Q. The polls had closed - it was election day? A. No; the polls had not closed. Q. The polls close at 4 o'clock, don't they? You are positive about that -that the polls had not closed? A. No; they had not closed. Q. Where had you voted? A. Vonore. Q. How did you get out here? A. I came in the bus-I imagine. Q. What bus? A. Tennessee Coach. Q. Where did you get off? A. I got off this side of Vonroe, three miles. Q. How did you get to Madisonville. A. I imagine I came in the Tennessee Coach - I ride it back and forth all the time. Q. But you don't remember that day? A. No. Q. Where had you been immediately previous to this - to this filling station? A. No - out in this end of town. Q. What time did you get to Madisonville that day? A. I would say either come about 8 o'clock or 11 o'clock - it was 11 o'clock because I went to Vonore and voted and came on back home. Q. Were you down here all day from 11 o'clock in the morning? Page 7 A. Yes sir. Q. You say this happened between three and four o'clock? A. I did not know exactly what time, but the polls had not closed. Q. You don't know exactly how you got out here, or caught a ride? A. Yes; I rode the Tennessee Coach. Q. You had been here three or four hours - had you been around Frank Lowry's store? A. I had been around town here - I had been in the court house. Q. Had you been down to the school? A. Yes; I think I had been down there. Q. How long had you been standing there at Frank Lowry's store when you saw Rucker drive up? A. I don't know; five or ten minutes. Q. Frank Lowry's store is on the southwest corner of the public square of Madisonville? A. Yes sir. Q. How far down did Rucker park his car from the corner there at the store? A. The third parking space. Q. How many automobiles were between his car and the corner? A. I won't say whether one or two. I know there was one- there weren't but tow parking spaces. Q. There were quite a few people over here at this filling station? A. Yes; a few people Q. And quite a few people on the courthouse lawn waiting for the polls to close. Page 8 A. Yes sir. Q. How long had it been since you had been here in the courthouse where they were voting before you went over there where you saw Rucker? A. I really don't know. Q. How long after he drove up until you saw John Freeman and Garret Anderson? A. I went over there and asked him to take me home and he didn't get through talking to me until they came up. Q. Did he have on a coat? A. No sir. Q. Was his shirt unbuttoned? A. I never noticed. Q. Did you see this pistol there? A. No. Q. Do you know whether or not he had a pistol? A. I could not say. Q. When John Freeman came over there did he sort of push you out of the way? A. I don't know. Q. Were you right against him? A. Yes. Q. How close were you to John Freeman when you were talking to Rucker? A. Two or three feet apart- I don't know exactly. Q. When they walked up there, didn't you see Rucker put his hand up here in his shirt? A. I didn't; I didn't see it if he did. Page 9 Q. Did you see him unbutton his shirt? A. No. Q. What did you see Garret Anderson do? A. He pushed the car out of gear. Q. Had John fired a shot until that happened? A. Yes; he had fired on shot. Q. Do you know whether or not that shot took effect? A. I don't know' Rucker didn't flinch. Q. Did you hear John Freeman tell him he had a warrant for him? A. No. John asked Rucker what was the matter with him and Rucker started backing the car out. John asked Rucker what was the matter with him- that is the only thing I heard him say. Q. Were you there when both shots were fired? A. Yes sir. Q. You were there from the time Rucker drove up until the time he drove off? A. I was. Q. You say now Rucker never did reach in his bosom for his pistol at all; you are sticking to that? A. Yes sir. Q. How many cars were on your left, down toward the restaurant? A. I didn't go down that way. Q. How many cars parked the other way? A. I could not say. Q. Were there any blank spaces there? A. No, there was a car parked next to Rucker. Q. How much room was left between Rucker's car on the driver's side and the other. A. Four or five feet. Page 10 Q. After the shot, of course, you thought nothing about it and you turned and walked away, and Rucker went out the highway? A. Yes sir. Q. You never did hear or see anything else? A. No. Q. You didn't go out there? A. No. Q. You never heard any noise or shots? A. I never heard any. Q. Nobody hollered? A. I never heard it. Q. When John fired the second shot he was still backing out? A. He never did quit backing out. Q. How far did he back up from the curb, after John walked up before Garret threw the car out of gear? A. Not very far- about three feet. Q. Did you follow the car back and walk with it? A. I don't think I did. Q. You were standing up toward the front and it backed away from you? A. Yes sir. Q. So part of the cab and part of the windshield was up there in your way and you could not see whether he reached for his pistol or not? A. I could see up until the second shot was fired. Q. After that you could not see where Rucker's hands were- I am talking about from the time the first shot was fired until the second shot was fired - you didn't have your eyes on his hand? Page 11 A. Yes sir I was watching. Q. Despite the fact he was backing away from you you were still watching his hands? A. Yes sir; I was watching. I could not see Garret so well; he was on the other side of the car. Q. What was Garret doing? A. Just pulled the car out of gear. Q. When did John pull his pistol? A. Just after Rucker told him there was not anything the matter with him. Q. How did he pull his pistol? A. He had it along here, and pulled it (indicating) held it up over the door. Q. Did he have the pistol on the inside of the car when he shot? A. Yes; I would say it was mostly inside. Q. Did he just hold the pistol on Rucker until he put the care in gear? A. Rucker already had the car in gear. Q. Did he hold it there until the second shot was fired? A. Yes. Q. What interval between the first and second shots? A. A little bit. Q. A minute. A. No. Q. Was anything said after that shot was fired? A. No. Q. You are positive the polls had not closed and you heard no noise, screaming or anything after Rucker started away? Page 12 A. No. Q. What do you do? A. I have been working at a sawmill the last nine months. Q. Whose? A. Stanley Joines. Q. Isn't Mr Fred Joines, the prosecutor, operating that mill for Stanley now? A. Yes sir. Q. You were working for him at the time? A. Yes sir. Witness, Lenoir Wade, being first duly sworn, testified as follows: Q. DIRECT EXAMINATION BY GEN R. B. Witt: Q. Your name is Lenoir Wade? A. Yes sir. Q. You live here in Madisonville? A. Yes sir. Q. I believe you have a place of business here? A. Yes sir. Q. You are a jeweler? A. Yes sir. Q. You fix and sell watches? A. That is right. Q. Lenoir, your place of business is upstairs there near Dr Bagwell's office? A. Upstairs over Bob's Cafe. Q. Were you in Madisonville on August 5, on the last election day late that afternoon when this shooting took place? A. Yes sir. Q. Where were you standing, Mr Wade? A. Standing over there at Frank Lowry's store. Page 13 Q. Did you see Cornett's car drive up there and park? A. Yes sir. Q. Did he come all the way up against the curb? A. Yes; he pulled up against the curb and stopped. Q. Do you know whether or not the motor stopped? A. Yes. Q. Was anybody in the car with him? A. No; he was by himself. Q. From which direction did he come? A. He come out from this way (indicating North) He just pulled up there and parked. Dr Bagwell and I were standing there talking and Rucker looked over there and motioned. I pointed at Doc, and he shook his head, and motioned for me. I went over there and was talking to him when Garret and John came up. Q. Did you see Frank Hargis anywhere? A. Yes; Frank was on the other side of the car; come up just after I did. He was on the left and I was on the right. Q. State what happened. A. They walked up there; I was standing there with my hands on the door of the car talking to him; I saw a gun by the gun on the side of my face; I turned my head and looked around and it was Garret with it; John came on the other side of the car. I stepped back on the sidewalk. Q. Tell what happened. A. They stood there and talked to him two or three minutes. Q. What was said? A. I could not hear them- I could not understand. John was over on this side talking to him. Q. Was he answering or saying anything? A. I could not tell; I could kind of hear them but could not understand the conversation. Page 14 Q. Could you tell whether or not Cornett was drinking at that time? A. Yes; I would say that he was. Q. You say you don't know what was said? A. No, I don't. Q. What happened next? A. Rucker turned his switch on and started the motor up and backed out. He backed his car on out and after he got his car backed out in line, started forward; just as he started forward there were two shots were fired. Q. Where was the defendant Mr Freeman when these two shots were fired? A. He was walking back with him as the car backed out, at the door. Q. Did you see him fire the shots? A. No, I didn't see it. Q. He was the only one on that side at the time? A. Yes. Q. Did you see what Cornett was doing when these shots were fired? A. He backed his car out and I think he put his car in second - it was not in low. Q. At that time, did you see his pistol in his bosom? A. No, I didn't see any gun. Q. Did you see any gun on the seat beside him? A. No sir. Q. Where was Anderson when these shots were fired? A. They both walked back at the side of the care as it was backing out. Q. At the time the shots were fired did you see Cornett's right hand? Page 15 A. I could see him when he put his car in reverse - he cut back and put the wheels in line. Q. Was the car started when the shots were fired? A. Yes, he started off, had done got straightened up and started forward. Q. How fast were these shots? A. Right together as fast as you could shoot. Q. Did you hear any remarks or anything said after the car started forward, either by the defendant or the deceased? A. No. Q. Where was Mr Anderson when the shots were fired? A. He was at the side of the car. Q. The right hand side? A. Yes. Q. Did he fire any shots? A. No. Q. How many feet from where you were standing was it to where the shots were actually fired, Lenoir? A. Around 20 or 25, I guess. Q. Then where did the car go? A. It started on out the street; got out to the end of that block and set in to swaying; hit a truck about the filling station; cut back to the side of the road and run into the lot at the Hicks property and struck a tree. Q. Did it turn over? A. No. It was setting on the wheels when I got out there. Q. When you got out there did you see the dead man? A. No. I didn't see him. They had him in an ambulance when I got there. Q. You say only two shots were fired? A. Yes. Q. Is that all you know about it Mr wade? Page 16 A. That is all I know. Q. Did Mr Anderson from the time he put this gun in there by the side of your head, have this man covered all of the time? A. No but when he first walked up he had the gun, then he let the gun back down at his side. Q. Did he draw the gun on the deceased any more? A. No, not that I saw. When he first walked up he had it up there then at the window. Q. Did you see Freeman pull his gun? A. No, he was on the opposite side from me - I could just see him from here (indicating) up. CROSS-EXAMINATION by Mr Bratton: Q. Mr Wade where were you standing exactly when Cornett first drove up? A. We were standing by the front door there at Lowry's store. Q. The first door next to the corner? A. Yes near the corner. Q. Dr Bagwell was standing there with you? A. Yes standing there talking. Q. Previous to that time had you seen Rucker that day? A. Yes. Q. Where? A. I saw him when Garrett went to arrest him there. Q. How long was that before this? A. Something like an hour. Q. What happened? A. Rucker went over there to the filling station and got against the side of the wall. I could not hear and wouldn't alert Garrett to him. Q. How did he keep Garrett off of him? Page 17 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? Page 18 A. Yes. Q. You were anticipating trouble and you got back out of the way? A. Yes, on the sidewalk. Garrett lowered his pistol I think he put it in his holster. Q. How long did John talk to Rucker before he shot him? A. Something like two or three minutes. Q. Did you hear John tell him "Don't do that Rucker"? A. When he went to back out I saw John shaking his head couldn't understand what he said. Q. You couldn't see Rucker's hands then when he was cutting his car? Backed about 25 feet. A. After he got straightened up the shots were fired. When Garrett got there he cut the motor off when he first started to back out. Q. There were no shots fired until he backed out and got his car straightened up and headed toward the Baptist Church? A. No. Q. You were on the sidewalk about 25 feet away, and you didn't have your eyes on his hands? A. I could see him cutting his car. Q. Garrett was walking along at the car? A. Yes they walked. Q. When he got straightened up Garrett was between you and Rucker? A. No. I could see Rucker in the car. Q. What part of Rucker could you see? A. I saw him sitting in the car from here up. Q. You didn't have your eyes on his hands? A. I wasn't just watching his hands. Q. You don't know whether he reached for his gun or not? Page 19 A. No. Q. did you see a gun in his bosom? A. No. Q. Did you see a gun in his car? A. No. Q. Did you go to the Baptist Church? A. I went there they had him in the ambulance. Q. Thirty seconds after these shots were fired, didn't this car collide with a truck in front of the Picture Show, threw it out of gear, and run out there and into the tree? A. Yes sir. Q. It made a terrific noise? A. I think it hit a pick up truck. I saw him swaying back across the road. Q. Then in 30 seconds you heard the ambulance? A. Yes. The ambulance was there before I got there. Q. They had him in there? A. Yes they had him loaded. Q. Did you got up and examine the car to see if there was a pistol there? A. No. Q. Did you see any pistol there other than Garrett had when he first came up? A. That is all I saw. Q. How many cars were parked between Rucker's car and the corner? A. One I think. Q. The parking places were filled on the south toward the grill? A. I don't know whether they were all filled or not, there were a few cars parked there. Page 20   --------------missing------------- 1948, the day Rucker Cornett was shot? A. Yes I was. Q. Where were you at the time that shooting took place? A. There at the corner of Lowry's Hardware store. Q. That is on the southwest corner of the block, opposite (missing) Q. This was election day? A. Yes in August. Q. It was pretty warm, most everybody was in his shirt sleeves? A. Yes. Witness Robert Lee, Jr., being first duly sworn, testified as follows: DIRECT EXAMINATION by E. R. Sloan: Q. You name is Robert Lee, Jr.? A. That is right. Q. You live here at Madisonville? A. Yes sir. Q. I will ask you if you if you were in Madisonville on August 5, 1948 the day Rucker Cornett was shot? A. Yes I was. Q. Where were you at the time that shooting took place? A. There at the corner of Lowry's Hardware store. Q. That is on the southwest corner of the block opposite the courthouse? A. The one on my right, near the street light. Q. Where was Cornett's car relative to the corner? A. It was parked in the usual parking position. There were one or two cars at the usual parking places on the curb there. Q. Go ahead and explain to the jury just what you saw there from the time you first noticed the officers approach that car until after the shooting took place. A. I was coming from Kykers and was at the corner of Lowry's. I got even with Cornett's car and met Frank Hargis. I had a pup under one arm and was leading my little boy with the other one. Frank jumped off of the sidewalk and started talking to Rucker. Page 21   I went on to the corner at Lowry's and paused an instant. I noticed Anderson and Freeman come from this side of the street across toward the car. Anderson pulled his gun, that is the first I noticed of any kind of up-set or anything going on. At that time Freeman was on Anderson's left, walking along seemingly in a hurry. When Anderson pulled his gun, my first thought was to get my boy in the clear. I posted him around the corner of Lowry's away from the glass by the brick wall and stepped back where I could see. By that time they had gotten to the car. Anderson approached the car from the rear on the side I was on and Freemen went on the other side. Anderson opened the door and had his gun in his hand, had one hand, the left hand, on Rucker and in his right the gun. I can remember seeing it shake, sticking right in his ribs. By that time Freeman was around on the other side. One hand of Cornett's was lying in the window. The window was down and Freeman had gone around and was facing cornett, looking in at him and talking to him but I didn't hear anything that was said between Cornett and Anderson or anybody because I had gone out of the hearing range of ordinary talking. After they talked for a few moments the car backed up. I could see all the time Anderson and Cornett reasonable or fairly good. Anderson was in front of Cornett's shoulder but I could see the major portion of Cornett at all times. When the care started backing up I heard on shot. Anderson got out of the car when it started to back and the door slung open and Freeman was on the other side. I heard the gun discharge and when it started another shot was fired. Then I saw John. I could see parts of him at all times. What you could see through the window. I saw the car start and after the second shot the car swerved and I could not tell weather it was Freeman shooting straight at Rucker or not. I was under the impression that he might have shot the tires down which I learned was different. Page 22 That is about all I know. Q. From where you were standing could you see the major portion of Cornett's body? A. Yes sir. Q. Could you see when the car first started backward the position of Cornett's hands? A. One of them was in the window, the left hand, and the other hand was on the gear shift. Q. The gear shift in that car on the steering wheel or in the center of the car? A. In the center of the car. I can remember his hand was out here. Q. Were Rucker's hands in your view at all times? A. There might have been one time. I lost view one time that could have been - was when he paused to go forward again, just a second. Q. Was that after he backed the car out? A. Yes. Q. Did you see Cornett make any movement toward his belt? A. No sir. Q. Had he made such a movement were you in position to have seen it? A. I would think so. Q. Did you see a gun on him? A. No sir. Q. Was his shirt unbuttoned? A. I don't know. Q. During this entire time was Anderson standing in front of the door of Cornett's car with a gun in his hand? A. He was half way or better inside of the car. He had opened the door and the front part of his body and head were in there. Page 23 Q. He would be on Rucker's right" A. Yes sir. Q. Policeman Anderson had one hand on Cornett's arm or shoulder? A. Yes between his elbow and shoulder. Q. If Cornett made any attempt to reach for a gun it was that instant when you lost sight of him while he was changing gears? A. Yes that as the only time I could not have seen him. Q. What measure of time was it? A. It could not have been more than 3 to 5 seconds. Just as short as you could make it from the time the car backed, paused to start forward. Cross-Examination by Mr Bratton: Q. You were coming from home? A. From Kyker's toward the main part of town. Q. You had that little boy and a pup? A. That is right. Q. Was the pup in a box? A. No under my arm. Q. This place where you saw Rucker Cornett parked was on the southwest corner of the public square here at Madisonville? A. I don't know. It was in front of Lowry's. Q. This street in front of the courthouse runs north and south? A. I don't know. Q. It was in the southwest corner of the intersection? Were you going in a northerly direction on College Street? A. Yes. Q. You passed along and this car Cornett was in was on your right? Page 24 A. That is right. Q. As you walked along and got even with the car you saw Hargis? A. Yes. Q. You were showing Hargis the pup? A. That is right. Q. You looked up and saw John and Anderson and Anderson had his pistol out? A. Yes sir. They had come from the corner of the courthouse toward the corner I was on. Q. In other words they were coming from the courthouse corner diagonally across the street? A. That is right. Q. When you saw the gun you thought of the child and went around the corner of the building? A. That is right. Q. At this corner there is a plate glass window and you went on around to the second window? A. That is right. Q. You were looking through that glass window? A. That is right. Q. He was how far away in feet? A. I would say thirty feet. Q. The car you say started backing out and Garrett was in it- the major portion of him? A. Yes. Q. You say he had Cornett with his left hand and the pistol shaking in the right? A. that is right. Q. As far as you know Garrett never did shoot? Page 25 A. That is right. Q. Where was that car at the time the first shot was fired? A. How far had it left the curb - I would say 6 to 8 feet. Q. Then a shot fired? A. Yes. Q. At that time they were sort of getting away from your range? A. They were getting where I could see them better. Q. They were getting farther away but in your range of sight? A. That is right. Q. The gear shift being in the center of the car - as far as you know his hand was in this position? A. Yes sir. Q. You could just see his arm? A. The door was open. I could see through the door. Q. Was there no latch on the door? A. It swung like a car door will swing. All I can say is it remained open. Q. You could see his hand on the gear shift? A. Yes sir. Q. Garrett was sometimes between you and the car? A. No he passed between on the way back. Q. Did that car stop? A. No it kept on backing. Backed out at an angle in order to cut - a perfect back-out. Q. When that car cut out, from the time the gear shifted its movement back and the movement forward there was a pause in there you could not see what Rucker was doing with his right hand? A. That is right. Page 26 Q. You don't know whether or not he had a pistol or grabbed out a pistol or not? A. Not for just a second. the other shot was fired after the car began to roll forward. Q. Did Garrett close this door when he jumped out? A. No the door slung to when he started pulling out. Q. When the car started forward it started rapidly in second gear. A. There was an awful noise, the motor was racing. Q. Didn't that motor noise continue until the car knocked against the tree beyond the Baptist Church? A. I heard the car hit but won't say as to whether the noise continued or not. Q. You say the car hit a truck in front of Henderson's? A. I saw it. Q. When the car started off didn't you run out from behind the building? A. Yes. Q. When he left you thought the danger was past and you got where you could see? A. Yes sir. Q. Did you go out where the car stopped? A. No. Q. Did you later go out there? A. No sir. Witness Ross Joines, being first duly sworn, testified as follows: DIRECT EXAMINATION by Gen Witt: Q. Your name is Ross Joines? A. Yes sir. Q. Where do you live Mr Joines? A. In the edge of town. Q. What relation if any were you to the deceased? Page 27 Rucker Cornett? A. I was his Father-in-law. Q. He married your daughter? A. Yes sir. Q. Did you see him after he was shot? A. I did. Q. Where did you see him? A. At Bireley's. Q. Did you help take his shirt off? A. Yes sir. Q. I show you here and ask you if this is the shirt he had on? A. That is the one. Q. Is there a bullet hold in that shirt Mr Joines? A. Yes sir. Q. How far from the pocket? A. About one inch on the left hand side. Q. I will ask you whether or not there are powder burns? A. There are. Q. Did that bullet go through his body? A. Yes. Q. Came out where? A. Right about there. Q. If I understand correctly the first hole you pointed out where the bullet went in is about one inch from the pocket on the shirt on the left hand side? A. That is right. Q. Where it came out it angled down through the body about how many inches? A. Around 8 I would say. Q. Came out 8 inches lower than it went in on the opposite side? A. Yes sir. Page 28 Q. That would put it back of the arm pit on the left hand side? A. Yes sir. Q. Did that go in the vicinity of the heart? A. Yes sir. Q. It ranged down and came out 8 inches lower? A. Yes sir. Q. I want to file this shirt as Ex 1 to this testimony Court: Let it be so filed. Q. I believe this young Cornett was in business here? A. He was. Q. Was he in service? A. A little over two years in the Navy. CROSS-EXAMINATION by Mr Bratton: Q. When had you last seen him that day before you saw his body here at the undertaker's? A. I would say it was around 2:30 to 3 o'clock. Q. What was his condition then with reference to being drunk or sober? A. He was perfectly sober. I talked with him. Q. I believe John Freeman and Sheriff George R. Tallent, the sheriff of this county, and you had been at the polls when somebody came for the sheriff and reported about Rucker trying to shoot Garrett Anderson? A. No. I think the sheriff told me Rucker was a little high, said, "You ought to try to do something with him." I told him I was an officer holding the election and could not get away. Q. You didn't tell him you could not do anything with him? Page 29 A. No. I told him I was an officer of the election and could not leave. Q. The sheriff did send John up to see what the trouble was? A. I don't know. Q. Did the sheriff leave himself? A. I don't know. Q. That was sometime after the polls were closed and you people were counting the ballots? A. That is right. Q. About what time was it that report came? A. Something after 5 o'clock. Q. The polls had been closed better than an hour at that time? A. Yes sir. Witness John A. Jenkins being first duly sworn testified as follows: DIRECT EXAMINATION by Gen Witt: Q. What is you name? A. Johnny Jenkins. Q. I believe you are a minister of the Gospel aren't you? A. Yes sir. Q. How long have you been a minister? A. Twenty-five years, maybe a little more. Q. Mr Jenkins were you in town here late in the afternoon of the last election day in August? A. Yes sir. Q. Were you present or near the place where Rucker Cornett was shot and killed at the time? A. I was tolerable close where he was shot next to Lowry's store. I was back on this side there at that post. Page 30 Q. On the opposite side of the street? A. I was on this side. Q. You mean you were on the same side of the street where the car was parked? A. I was on this side. ...Mr Freeman jumped on the running board of the car. Q. You were near the corner? A. Yes sir. Q. You are talking about that sign that points the way to go? A. Yes. Q. From that point tell the jury what you heard and what you saw. A. I was standing there talking to someone. I don't know who, there was a bunch of us. I heard an awful racket and looked around and it was one of these transfer truckes had run up there and stopped. About that time I saw Mr. Freeman kind of running across the street. Somebody said, "They are after Rucker." About that time Mr Freeman jumped up on the running board of the car. The car seemed to be sort of backing back this way. I could not hear what was said but all at once he jerked his pistol out and shots fired and the car went on up the street. Q. Was he in the car on the running board or on the side? A. Best I know he was standing on the running board of the car. Q. When the shots wrere fired the car was backing up? Page 31 A. Just begin to back up a little. I never thought about any shooting. Just happened to see him take the pistol out. He shot twice. Q. The car when it back up, paused to start forward, and the shots were fired about the same time? A. The car started about the time the shots were fired. Q. Where was officer Anderson? A. On the opposite side. Q. Did you see whether or not he had a pistol? A. I didn't see, never paid any attention. If anything was said I never heard it. I could not hear anything that was said. Q. What length of time elapsed would you say between the time Freeman went up there and the time the shots were fired? A. Just a very short time. Q. Do you mean to say Rucker started to back out immediately? A. About the time Mr Freeman jumped on the running board the car started to back and about the time the shots were fired he was started - looked like he was fixing to start when the shots were fired. Q. He went on out the road - did he run into something? A. Yes he struck a truck. The thought came to me that Freeman didn't hit him with the pistol. He went on struck the truck and then struck a tree. I started up there and somebody came along and said Rucker was dead and I didn't go any further. CROSS-EXAMINATION by Mr Bratton: Q. You were standing over here at the southwest corner of the courthouse square? A. Yes here at this post. Q. Where the Sweetwater road comes in and runs into the highway leading to Atlanta? Page 32 Q. ??? A. Yes by the telephone post. Q. That is on the courthouse side, down from the front of the courthouse on the corner? A. Yes sir. Q. Diagonally across is Frank Lowry's store. A. Yes sir on the right. Q. That is where this car was parked? A. Yes sir. Q. What attracted your attention, the transfer truck stopping? A. Yes sir. Q. You turned to look at that and you saw Freeman and Anderson coming rapidly? A. Yes I saw Freeman coming across somebody said they were coming after Rucker. Q. Did you know who they were talking about? A. Yes I knew Rucker. Q. About the time Freeman came over there he jumped on the running board and Rucker started out? A. Yes kind of backed out and straightened and as he started two shots were fired. Q. He had backed out and his car was going toward Atlanta that is when the shots were fired? A. Yes before he got started. Q. Just as he started the shots were fired and the car went on? A. Yes sir. Q. The shots were fired pretty close together? A. Yes. Q. Was Freeman still on the running board of the car at the time the shots were fired? Page 33 A. Yes sir. Q. Did you see Garrett Anderson get in the car? A. No. Q. Did he get in with him open the door? A. If he did I didn't see it. I wasn't watching to see who got in. Q. The side of the car Anderson was on was away from the driver? A. Yes. Q. And that was clearer to you than the side Freeman was on - the driver is on the left side? A. I was on the left side. Q. About how many feet away were you? A. I don't know how many feet? Q. About 50 feet? A. I don't know, the car was on the other side next to the store. Q. When the shots were fired the car started forward? A. Just about the time the shots were fired the car started on up the street. Q. No shots were fired until the car started forward. A. Happened about the same time, the car backed off before the shots were fired but it looked like the shots were fired about the time it started.   Witness Joe Brakebill being first duly sworn, testified as follows: DIRECT EXAMINATION by Gen Witt: Q. Your name is Joe Brakebill? A. Yes sir. Q. Where do you live Mr Brakebill? A. I live out the Tellico Road about a mile. Page 34 Q. Mr Brakebill on the afternoon of August 5th, election day here, were you in Madisonville? A. Yes sir. Q. Were you here at the time Rucker Cornett was shot and killed? A. Yes sir. I was right down on the street. Q. Where were you? A. I was on the south side of the courthouse on the side walk near the corner. Q. You mean near the southwest corner, wasn't it? A. Might be. Q. Tell the jury what you saw with reference to this shooting - what you saw and heard. A. I was standing on the corner and Rucker went down this way, and come on around - he come through this red light and just stopped with the red light and pulled up and drove in front of Lowry's store and parked. In just a little bit John Freeman and Anderson came out the street here. Q. They are two policemen? A. Yes sir. They went right across the street toward where Rucker parked. Q. Go ahead and tell the jury what happened. A. Garrett was a little bit in front of John. He went in on the right side and John went on the left. They went in there, had their pistols. Set there two or three minutes. I could not see what was going on. Rucker started to back out and backed until he got out to the place to start forward, and John shot. Q. How many times? A. Twice. Q. I take it you could not see John? A. No. Page 35 Q. What happened after he shot? A. The car kept going. After it went out there a little piece it wobbled across the road and hit a truck and went on out near the Methodist Church. Q. About how long from the time Mr Freeman and Mr Anderson got there until the shots were fired? A. I would say 3 to 5 minutes. Q. Could you tell there was some controversy? A. Yes there seemed to be. Q. Did you know at that time they were talking to Rucker? A. Yes. Q. Where was Mr Anderson when the shots were fired? A. He was on the right side of the car. As the care backed out they kind of backed out with the car. Q. Were they both on the running board? A. No. I didn't see either one on the running board. Q. They were backing up. Walking with the car? A. Yes. Q. is that all you know about it? A. Yes that is all I know. CROSS-EXMAINATION by Mr Bratton: Q. You were across the street from where this happened? A. Yes. I was on the side here next to the courthouse. Q. Had you previous to that time seen Rucker Cornett? A. I heard some of them talking about him and I saw him come around the corner. Q. Had you seen him that day before? A. No I don't believe I had. I just heard them talking about him. Page 36 Q. Of course you anticipated some trouble? A. Yes I figured there would be some. Q. Did you know they had a warrant for him? A. No. Q. What time was this? A. That would be about five o'clock. Q. Who was standing on the street there with you? A. I believe Joe Dailey was there close. Q. The back of the car was to you? A. Yes. Q. You saw John walk over there. When he and Garrett went over there was there any conversation? A. Yes. There seemed to be talking. I would say they were there three to five minutes. Q. Did John get up on the running board? A. I didn't see him. Q. Was Garrett in the car? A. I didn't see him. He was standing by the car. Q. Did he open that car door? A. I didn't see him. Q. Could you have seen him if he had? A. I think I could. Q. When Rucker backed out and got straightened John fired two shots? A. Yes sir. Q. The car went on, struck an automobile and went on and hit a tree? A. Yes sir. Q. You had not previous to that time seen Rucker? A. I saw him drive around this way - drove around and went around the courthouse square. Page 37 Q. And parked there in front of Lowry's store? A. Yes sir. Q. How long had he been there when John and Anderson got there? A. He had not been there long. Q. You knew from previous reports the officers were looking for him? A. No I didn't know they were looking for him. Some of them had told me about it.   Witness Robert Watson, being first duly sworn, testified as follows: DIRECT EXAMINATION by E. R. Sloan Q. Your name is Robert G. Watson? A. Yes sir. Q. Who is you father. A. Alfred Watson. Q. You live in Monroe County? A. Yes sir. Q. Were you in Madisonville on August 5th, the day Rucker Cornett was shot? A. Yes sir. Q. Where were you at the time the shots were fired? A. Down here at this walnut tree on the corner. Q. The corner beside the courthouse? A. Yes sir. Q. Is that diagonally across the street from Lowry's store? A. Yes sir. Q. Explain to the jury what you saw. A. I was coming from home. Rucker was driving along there. I caught up with him and followed him into town. He turned right Page 38 and come on this way. I parked on that corner. The red light got Rucker. The red light on the intersection of the corner next to Sheets. Q. One block north of the scene of the shooting? A. Yes. I walked back this way. John and Garrett walked across the street, had guns out, and Garrett walked up on the right and John on the left. They stood there and talked maybe three or four minutes. I saw Rucker looking back this way through the back glass and backed out and as he backed out John shot twice. I saw Rucker looking out through the back glass. I could see him but I could not see his hands. Q. In what direction was he looking at the time the shots were fired, through the rear mirror? A. Yes. He was backing out. Looking back this way. Never waited until he stopped, just jerked down in low gear and he shot twice. The shots fired just as he started. Q. Did you see who fired the shots? A. Yes sir. Q. Who fired them? A. John Freeman. Q. From your position, where you were standing, could you see Officer Garrett Anderson? A. Yes sir. Q. What was he doing? A. He was standing there, had a gun in his hand, don't know whether he was talking or not. Q. When the car started to back out from the curb, did it go directly back or stop? A. It didn't stop any time until it got out. Didn't go exactly straight out, it cut back. Q. You stated Cornett was looking through the mirror -- Mr Bratton: That is leading, we object to that. Q. I will ask you what direction Cornett was looking at the Page 39 time he backed out? A. He was looking back through the back glass. Q. You mean the glass in the back of the car? A. Yes. Q. What position would his head have to be in to see out the back? A. Have to be turned aournd the opposite direction from John? Q. At the time he was backing out could he see Freeman? A. No sir. His head was turned the opposite way.   CROSS-EXAMINATION by Mr Bratton: Q. You don't know why he didn't just look up in the mirror instead of turning his head and the two officers there to arrest him, he was turned around that way? A. Yes sir. Q. The officers were there with pistols and he just put his head back? A. I was at the walnut tree square behind the car. I would say around fifty feet back of the car. Q. You were behind there and there were no shots fired until that car backed out and started forward? A. Whe he backed out and I heard the gears raking. Q. Just about that time John Freeman fired twice? A. Yes. Q. John had followed him, walking as he backed out, and Garrett was on the other side? A. That is right? Q. Was Garrett Anderson in the car part of the time? A. He never did get in it. Q. Did he open the door? A. No sir. Page 40 Q. That door never opened all the time he was backing, no shots fired, no fuss made until he backed out here and started forward? A. He had not started forward. Just as he got back. Q. Did you say you heard the gears? A. Yes, raking then the shots were fired? Q. Rapidly? A. Yes pretty close together. Q. As fast as he could shoot? A. Almost that fast. Q. I will ask you if the engine wasn't racing so the car jumped? A. I don't know about it jumping. Q. You say the door of that car was not opened by Garrett Anderson and he did not get in the car? A. No he never got into the car. Q. The door never opened? A. No sir.   Witness Joe Dailey, being first duly sworn, testified as follows: DIRECT-EXAMINATION by E. R. Sloan: Q. Your name is Joe Dailey? A. That is right. Q. Where do you live Mr Dailey? A. About a mile out on the Tellico Road, out of town. Q. Were you in Madisonville on August 5, 1948? A. Yes sir. Q. Where were you at the time Rucker Cornett was shot? A. I was standing - just drove my car up - on the corner right over here and got out. Q. Is that opposite the courthouse? Page 41 A. Yes sir. Q. Where were you standing with relation to the filling station? A. Just on this side of the street. Right next to the corner. Q. Mr Dailey, go ahead and explain to the jury just what you saw there. First I would like to ask you if you saw Rucker Cornett's car there? A. The first I noticed it was just beyond the filling station there where I was, coming this way. It turned down and went around and come down on this side of the courthouse out of my sight. Me and Joe Brakebill were standing there together. I noticed the car come back out here and the red light stopped him. When the green light came on he went on to the next light and the red light had him there. He stopped and held out his hand when the green light came on he started on and pulled over and parked in front of Lowry's store. Q. Did you notice anything wrong with his driving? A. No he was driving slowly. Q. Go ahead and explain to the jury what you saw after he passed. Q. Mr Brakebill called to me and said here come the police. I looked around and they were along about the steps of the courthouse. They came on toward me and left the sidewalk about half way from the entrance to the courthouse to the corner and went toward the car. About the time they stepped off of the side walk - Garrett had his pistol out and Freeman walked on across the street with his hands behind him - crossed like that. Mr Anderson went on the right side toward the store and Freeman was on the left. Anderson walked up, I could see him all the time. The way the car was sitting I could not see Mr Freeman altogether. Page 42 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. Page 43 Q. You live out here two miles south of town? A. Just a fraction over a mile. Q. You were here talking to Joe Brakebill on the south west corner of the square? A. Yes sir. Q. Did you see Preacher Jenkins? A. I don't remember seeing him. I had my eyes on trying to see what was going to happen. Q. Thre were several people in town? A. Yes. Q. It was about 5:30? A. I judge somewhere around five, maybe a little later. Q. Afer he parked in there, how long until you saw Freeman and Anderson running down the street toward the car on the opposite side of the street? A. I didn't see them running. They were walking. Q. Policeman Anderson had a pistol? A. He had his pistol out of his holster after he stepped off of the sidewalk. Q. I believe you said John Freeman was walking with his hands sort of clasped behind him? A, Yes when he went over there. Q. He had his gun out? A. No. Q. He walked on and went up to the left and Anderson to the right? A. That is right. Q. Was the motor running on that car at the time? A. I don't think so. Q. Did you see anybody else around there? A. Lenoir was the first man to the car after it parked in. Page 44 Lenoir went down on the right hand side, Garrett went to the left, he walked up and laid his arms on the door and was talking to Cornett. Q. Where did Lenoir go when Anderson walked up? A. Dr Bagwell came up after Lenoir stepped up. They stood on the sidewalk. Garrett had his pistol and they went around the corner of Lowry's store and sort of peeped around the corner. Q. That was Lenoir Wade and Dr. Bagwell? A. Yes sir. Q. Did you see Preacher Jenkins? A. Mr Leslie - I forget his first name - he lives here in town, was standing there with me. I don't remember noticing Mr Jenkins. I don't believe I saw him. Q. Did Garrett open the door of that car. A. I won't swear positively. Q. Did he get inside of the car? A. No I don't think so. He just walked up to the door and sort of laid his arms up and put his hands out of my sight. I could just see Freeman's back. The back end of the car knocked the view of Freeman off. They talked, seemed like, five minutes- then the car went to backing back. Q. Cornett never did put his head back and look back? A. I don't know. I could not hardly see him when he went to back back. The back end of the car knocked his body out of my sight. Q. In what position was the car when the first shot was fired? A. I would judge they were both fired when he was headed straight out the street. Page 45 Q. Was the motor running fast or slow? A. Slow. As the car backed back, when it cut around Mr Freeman stepped about two or three steps forward. Then when he changed gear and started out Mr Freeman backed back a step or two and then the shots were fired. Q. Did Anderson follow on the opposite side of the car? A. That put him out of my sight. Q. Were any shots fired until the car started? A. Both fired as it headed out the street. Q. It was running slow when the first shot was fired and when the second was fired the motor was racing? A. When the first shot was fired the motor didn't speed up a bit. When the second shot fired it seemed to speed up a little, but not when the first shot was fired. Q. Had the gears been changed on that car? A. When the first shot was fired it was moving forward very slow and left when the second shot was fired. Q. Did you go on out the street? A. No I didn't go out. Q. Had you previously seen Cornett that afternoon? A. No I had not seen him. I had been sick for a day or two and had been home after the polls closed. Then thought I would drive back. Witness George Tallent, being first duly sworn, testified as follows: DIRECT-EXAMINATION by Gen R. B. Witt: Q. Your name is George Tallent? A. Yes sir. Q. What official position did you hold in this county? A. I am sheriff. Q. You were sheriff on this day the 5th of August, 1948? A. I was. Page 46 Q. Sheriff, how long after this shooting was it until you saw the defendant John Freeman? A. I don't know - not very long - it just had happened. Q. Where did you see him? A. In the courthouse hall, downstairs. Q. What did he tell you about whether or not he killed Rucker? A. I came in this side door. There was a crowd gathered out the street. I pulled up here - from the school house. They had done started counting votes. As I came in the office somebody said Rucker had been killed. I stepped on out in the hall fixing to go in down stairs. John walked out and said, "Sheriff, I guess I killed Rucker." I said, "Go on down to the jail." To Harrill and Hyatt I said, "Take John down to the jail." Q. Did they go down to the jail? A. Yes sir. Q. Is this the pistol he had on that occasion? A. Yes sir. A 38 S & W. Q. This pistol has been in your custody ever since? A. No. A few days ago. Q. Did John leave the pistol there? A. They had the pistol. The lawyer went on down there and took his other two guns and his badge. Q. This is Mr Freeman's pistol. A. Yes sir. Witt: I want to file this pistol as Exhibit 1 to the Sheriff's testimony. Court: Let it be so filed. Page 47 CROSS-EXAMINATION by Mr. Bratton: Q. Were you over at the school house when the report came they were having some difficulty with Cornett? A. I was. Q. Was Mr Joines there? A. He was. Q. Was John Freeman there? A. He was. Q. At the time, was Freeman policeman of the Town of Madisonville? A. Yes sir. Q. Ddi he have a uniform on? A. Yes sir. Q. Was anything said about who would go up and see about the difficulty? A. We had started counting votes. Mr Joines was helping with the election. I saw John inside the door. It had been closed up. He was hunkered down beside the wall. Somebody told me there was about to be trouble, that Rucker had his pistol on Garrett a while ago. I went to Mr Joines. I came on up there and it was, I guess, thirty minutes before I heard about the shooting. I came on up here to see about the counting. Q. You met Mr Freeman in the hall of the courthouse, and he told you he had killed Rucker and you told him to go to the jail and he stayed there several days? A. Yes that is right. Q. Had you seen Rucker? A. I saw him after dinner that day. He came to vote. Q. Was he drinking? A. If he was drinking I could not tell it. I spoke to him. Q. That was sometime after dinner. His folks were with him. They came in to vote together. A. When this report came it was five o'clock or after? Page 48 A. Yes sir. Q. Do you know whether or not John had a warrant for him? A. I didn't at that time. Q. Did you later see that warrant? A. No sir. I never saw it but I was told he had a warrant. It is agreed that the State may introduce the testimony of C. H. Biereley, the undertaker, to locate the wounds, at any time. Here the State rests its case. The following testimony was heard for the defendant. Witness, John Freeman, being first duly sworn, testified as follows: DIRECT-EXAMINATION by Mr Bratton: Q. Your name is John Freeman? A. Yes sir. Q. How old are you Mr Freeman? A. Fifty-six years old. Q. Where do you live? A. I live out here at Union Hall - on Ballplay. Q. Is that in Monroe County? A. Yes Monroe County. Q. How long have you been living in Monroe County? A. I came here February, 1930. Q. How long have you served as an officer John? A. About 12 or 13 years. Q. You are a married man? A. Yes sir. Q. Have a family? A. Yes sir. Q. You have four children I believe? A. Yes four children. Page 49 Q. John how long were you policeman of the Town of Madisonville prior to the killing of Rucker Cornett? A. A little better than two years. Q. You were employed by the city of Madisonville on August 5, 1948? A. I was. Q. John how long had you known Rucker Cornett? A. I guess 15 years - close to it. Q. On August 5, 1948, where were you in the morning that day? A. I come to town about 11 o'clock. They wanted me to go to the school house. I went over there. Q. What was your purpose in going to the schoolhouse? A. They wanted me over there to sort of keep order and help along. Q. Did you go over there with a county officer? A. There were some there. Q. The schoolhouse polling place is in the town of Madisonville? A. It is. Q. They vote also at the courthouse in the town of Madisonville where we are trying this case? A. That is right. Q. How long did you stay there? A. I left there something like five o'clock. Q. Why did you leave there? A. Sheriff George Tallent come running in and told me they wanted me up town, that Rucker was trying to kill Garrett Anderson. Q. Was Mr Ross Joines there? A. He was there. Page 50 Q. You knew the relationship of Mr Joines and Rucker? A. I did. Q. Did you say anything to Mr Joines? A. I did not say anything about it. Q. He was present? A. No. I came on to town. Rucker was driving around here. Q. Did you see him? A. I did. He made three or four trips, or five, around the courthouse. He was coming back, going north. He and 01 Tallent were in the car together. I made an effort to stop them and talk to him but he wouldn't stop. Q. How did you try to stop him? A. He slowed up and I said, "Rucker, stop, I want to see you a minute." He wouldn't stop, he got past me. Q. What did you do then? A. I walked across the street. Garrett Anderson was there and was telling me the trouble. I said, "Go get a warrant for him." Garrett went and got a warrant for him. I went with him. Q. I will ask you if you consulted General Witt, the attorney-general about the matter? A. I did. Q. He was in the City Hall? A. Yes. Q. Who wrote the warrant? A. Beecher Witt, the attorney general. Q. Did he make any mention to you he had seen him? A. He had. Q. Who signed the warrant? A. Judge Arsel Williamson. Q. How long did you stay at the City Hall? Page 51 A. Stayed about five or ten minutes. Q. At any time previous to the shooting did you receive any information that he had tried to shoot anybody else that day? A. I did. Q. More than one person? A. Yes more than one. Q. Where did you next see him John? A. I saw him drive around the courthouse. Saw him cross down here and cut that way. Went around the block and turned south and pulled in over there at Frank Lowry's store. Q. That is immediately across the southwest corner of the courthouse square? A. Yes. Q. Where were you when he pulled in? A. Right in front of the courthouse. Garrett Anderson was with me. Q. What did you and Garrett do? A. I told him, "He is pulling in right now, we will go over and talk to him." We had the warrant. Q. You walked across with Garrett? A. Yes and he started backing out before we got there. I rushed over there. I went up and said, "Rucker, stop, I want to talk to you." I said "You are drunk. I have a warrant for you. How about me sending you home and you come back and fix this tomorrow?" He said, "I am not going home." I said, "I will have to put you up then." He said, "I will die and go to hell before I will be put up. God damn you, I am going to kill you." The car was standing perfectly still. Garrett Anderson was standing on the right hand side. Rucker then started after his gun, had it in his shirt bosom. Q. Had you been advised he had a pistol? A. No. Page 52 Q. How did you know he had a pistol with him? A. I saw him coming out with it. I saw the handle and his hand hold of it. I told him twice, "Don't do that, Rucker." said it twice. He was coming on with it looked like anyhow, and I shot him. Q. How many times did you fire? A. I fired twice. Q. Where did the first shot hit him? A. The left side of the breast. Q. Where did the second shot hit him? A. I shot at his right arm. I figured I would shoot his right arm and knock the gun out of his hand. Q. Did you hit his right arm? A. I don't know whether I did or not. Q. What did you do? A. He took off then. Q. When did he start backing out of this place? A. He was done backed out and cut his wheels just a little, looked like, to take off when I got over there. Q. Did you sort of follow along beside the car? A. I believe I followed a step or two - the wheels had been cut. Q. Did you have anything against Rucker? A. Never had a short word with him in my life up to that minute. Q. Did you have any intention of killing or shooting him when you went over there to arrest him? A. No. Q. Why did you shoot him? A. I shot him because I saw he was going to shoot me. Page 53 Q. Were you afraid of him John? A. No I wasn't afraid of him. I knew he would do what he said he would, and he told me he would shoot me. Told me he was going to kill me. Q. That was after these other people had told you he tried to shoot two or three other people that same day? A. That is right. Q. What did you do then? A. I went on out to where he wrecked. Q. Were many people there? A. Quite a few. Joe Harrill was there, the Cagle boy. I didn't know all of them. Q. Did you later see that same pistol there on that occasion that you had seen? A. I saw it. Joe Harrill handed it to me. Q. What kind was it. A. A 32. Q. How many shells? A. Six. Q. Where was the pistol when you saw it out there? A. When I saw it Joe Harrill had it. Handed it to me. He beat me there. Q. Did you see another pistol? A. I didn't see any other pistol. I took the pistol to the jail and turned it over to the sheriff. Q. John where is the warrant you had for his arrest? A. It was at the city hall the last account I knew of it, locked up in the vault. Q. I believe Judge Williamson has died since that time? A. Yes sir. Page 54 Q. Were you afraid of him John? A. No I wasn't afraid of him. I knew he would do what he said he would, and he told me he would shoot me. Told me he was going to kill me. Q. That was after these other people had told you he tried to shoot two or three other people that same day? A. That is right. Q. What did you do then? A. I went on out to where he wrecked. Q. Were many people there? A. Quite a few. Joe Harrill was there, the Cagle boy. I didn't know all of them. Q. Did you later see that same pistol there on that occasion that you had seen? A. I saw it. Joe Harrill handed it to me. Q. What kind was it. A. A 32. Q. How many shells? A. Six. Q. Where was the pistol when you saw it out there? A. When I saw it Joe Harrill had it. Handed it to me. He beat me there. Q. Did you see another pistol? A. I didn't see any other pistol. I took the pistol to the jail and turned it over to the sheriff. Q. John where is the warrant you had for his arrest? A. It was at the city hall the last account I knew of it, locked up in the vault. Q. I believe Judge Williamson has died since that time? A. Yes sir. Page 55 CROSS-EXAMINATION by E. R. Sloan: Q. How long did you say you had been an officer in this county? A. Twelve or thirteen years. I am not positive how long. Q. You were a deputy sheriff and police? Who was the first sheriff you worked under? A. Sheriff Hugh Webster. Q. How long did you serve under him? A. Six years. I was constable part of the time. Q. Did you devote your entire time to your duties when you were working for Sheriff Webster? A. Full time. Q. Fee or salary? A. I was on a fee basis. Q. Who was the next sheriff you were under? A. Walter Hunt. Q. How long did you stay with him? A. I don't know just exactly how long. Q. Did you work for any other sheriff in this county before you became police? A. No sir. Q. Were you on a fee basis with Sheriff Hunt? A. On a fee basis. Q. I believe you stated you were a pretty good friend to Rucker Cornett. How long had you know him? A. Fifteen years. Q. Did you stop at his place regularly and frequently? A. I was up there very often. Q. I will ask you if you purchased this gun from Rucker? A. I would say I did. Page 56 Q. I will ask you if you owed him $10.00 on this gun at the time he was killed? A. No sir. Q. You frequently stopped in to Rucker's place, went back in the kitchen and had conversation with him? A. I talked to him very often. Q. Had a few drinks with him? A. No. Q. You never drank any liquor in the back of Cornett's restaurant? A. Never did in the back of his restaurant. Q. Did Rucker ever give you a drink? A. Yes he has away back yonder. Q. You deny going back in Rucker's restaurant most every evening and drinking liquor with him? A. I do. Q. I will ask you if on the day of this shooting you didn't come up from the school house and secure this warrant, if Garrett Anderson didn't have possession of the warrant? A. Garrett had possession, had it in his pocket. Q. Did you have possession of it? A. I saw it written. Q. After it was written you never had it in your hands at the time? A. No never had it in my hands. Q. When you went across to make this arrest, did you say anything to Rucker about having the warrant for him? A. I did. Q. When did you mention that fact? A. After I talked to him and tried to get him to go home, I told him I had the warrant for him. I said, "I have a warrant for you. I will have to put you in jail if you don't go home." Q. You say Rucker pulled the gun, when was this - when he Page 57 first started to back out? A. No he had done backed out. Q. Before he started a forward motion? A. Before he started a forward motion. Q. Where was this gun? A. It was in under his belt. Q. I believe you were on the left of the car? A. I was. Q. Which hand did he use making his motion to this gun? A. His right hand. Q. Is that the hand you would ordinarily use for shifting gears on a car of that model? A. I suppose it is. Q. The gear shift was in the middle of that car wasn't it? A. I never paid any attention to where the gear shift was. Q. It is necessary for a man to change gears on a car to go into reverse? A. It is. Q. Doing that would he have to take his hand off of the steering wheel and manipulate the gear lever to shift it? A. He had done backed out and stopped. Q. Could he go forward without changing gears? A. I don't know whether he had it changed when I got over there or not but he did have the wheels cut just a little. Q. John have you ever had a conversation with Rucker Cornett claiming your friendship with him and advising him he had better watch Garrett Anderson? A. No sir. Q. Did you ever tell him Garrett Anderson was afraid of him? A. No. Q. Did you ever tell him Garrett was liable to kill him? Page 58   A. Never did. Q. Did you ever tell Rucker if it ever became your duty to arrest him and he had a gun you would not register any charge? A. I never did tell him that. Q. Isn't it a fact you frequented that place in there and went back and drank liquor? A. Well I have taken a drink. Q. I will ask you if you didn't go to and take a drink of liquor? A. I have taken a drink over there. Q. On more than one occasion? A. No sir. Q. You go over there and ask them for liquor? A. No sir. Q. There were other people saw you drink liquor while on duty as an officer. Mr Bratton: I want to object to this. I want to find out from the witness if he drank liquor with this defendant and told him he wouldn't arrest him - Q. Because of statements you had made to Rucker Cornett about your friendship he had no reason to fear you would shoot him? A. He knew I was a friend to him. I told him that day I was a friend to him. Q. As a matter of fact, he was watching Anderson all the time? A. He didn't look toward Anderson. He was looking toward me. Page 59 Q. Do you think he saw you with an up-raised gun? A. No he didn't see me with an up-raised gun. Q. You don't think he saw that gun? A. Yes he saw it. Q. When did he see it? A. When he went to get his. Q. You have heard these witnesses testify and you heard what they said. Do you say the statements they made were not true? A. I saw when he went to get his gun and I got mine. Q. What did you first say to him when you approached the car? A. I said, "Rucker stop a minute. I want to talk to you." He stopped. He was backing out. Q. How long did you talk to him? A. I guess two or three minutes, maybe four. Q. How far did he back out from the curb when you talked to him? A. Six or seven feet. I told him, "Rucker I am a good friend to you, you are drunk, go home. Let me send you home and come back tomorrow and we will fix this." Q. Did he continue to back out? A. He said, "I am not going home." Q. When he backed out 6 or 7 feet and stopped, you talked to him five minutes? A. Three or four, might have been five. Q. Then did he proceed to back out further? A. I never noticed whether he backed further or not. Then he stopped. Q. What did he do before you shot him after that conversation was over? A. I said, "I have a warrant for you." Q. What did Rucker say? Page 60 A. He said, "I am not going home." I said, "I will have to put you in jail." Q. This was when he stopped 6 or 7 feet from the curb? A. That is right. Q. After that conversation was over what did he do? A. He went for his gun. Q. Was that before he backed the second time? A. He never backed up the second time. Q. He backed up 6 or 7 feet and you talked 4 or 5 minutes? A. That is right. Q. He didn't back any further - what did he do with relation to the car? A. It was done cut and ready to take off. It took off as soon as the gun was fired. Q. You say from the time he backed up and cut his wheels you talked to him five minutes? A. Around 4 or 5. Q. Then the car was standing still four of five minutes before he started up the highway. Did you fire the shots before he started up the highway? A. Yes sir I did. Q. From where you were standing could you see Rucker at all times? A. I could. Q. When he backed this car out from the curb when did he change the gear from reverse to forward position? A. I never paid any attention to when he changed the gear - I was looking straight at him. He had backed out. I rushed over there. He had cut the wheels when I got there. Q. Could you have seen him when he changed the gears? A. If I had been looking for him to change - he had done Page 61 changed gears when I got there. Q. I am asking you did you see him place his hands on the gear shift lever? A. He didn't place them on it. Q. You didn't see him change? A. I saw him go after his gun. Q. You could not have mistaken his movement of his hands toward the gear shift lever as an attempt to get his gun? A. No. Q. You are positive? A. I am positive. Q. You are positive had he changed gear you would have seen it? A. I am positive he did not change gear. I did not see him. Q. Can a car make a forward movement without changing gears? A. No. It can't. Q. How many times have you been indicted for shooting Mr Bratton: I am objecting to that. Mr Sloan: I believe we have the right to show this man has on several occasions shot people I believe it is competent to show he has a shooting habit. Mr Bratton: The Supreme Court reverses cases on that. Court: I sustain the objection. Q. I will ask you if you have ever been convicted for shooting anyone? A. No sir. Q. I will ask you if you have been a fugitive from justice - if you left the State of North Carolina for a period of a year or more because of an indictment against you. A. No sir. Mr Bratton: That is the same question - Court: I am overruling his contention. Page 62 Q. I will ask you if John Freeman is your correct name. A. It is. Q. Did you go by the name of Jake Freeman before you came here? A. My Dad nick-named me and called me that. Q. Do you receive mail under the name of Jake Freeman? A. No sir. Q. John you have heard these various witnesses testify here? A. Some of them. Q. You are testifying what they said is untrue? Mr Bratton: That is not a proper question. I am objecting to it. Court: There must be some particular instance. Q. You heard witnesses testify here that when you approached that car you asked Rucker "What is wrong"? I will ask you if you made that statement? A. I did not. RE-DIRECT EX by Mr Bratton: Q. Can you drive an automobile? A. No I can't. Q. Have you ever driven a car in your life? A. I tried driving a model A one time and wrecked it. Q. Do you know anything about mechanical operation of the gear shift? A. I don't know anything about it. Q. When you first got over there was that car moving forward or backward? A. It was moving backward. Q. Do you know he changed the gear to go forward? A. I never saw him change gears. Q. I will ask you why it was you visited his place of business very often - why did you go there? A. I went there because it had given us trouble and he Page 63 had told Garrett Anderson - he had fallen out with Garrett Anderson. Q. State whether or not that was a place where beer was sold. A. That is right. Q. He had a license from the city of Madisonville to sell beer? A. He did. Q. I will ask you whether or not the city council instructed you to visit all places where beer was sold. A. They certainly did. Q. That was your reason for going there. A. That is right. RE-CROSS EX by E. R. Sloan: Q. Were you employed by the Mayor and Board of Aldermen? A. I was. Q. I will ask you if Mr Frank Bratton was an alderman at that time? A. He was. Q. I will ask you further if at the time a petition was filed to remove you, Mr Frank Bratton defended you? Mr Bratton: I don't think that is a proper question. Court: I don't know whether it makes any difference or not. Q. Is this the pistol? A. That is the pistol. Q. It is a 32-20. A. Yes a 32-20. Q. You are positive it is a 32-20? A. It is a 32- that is the pistol he had. Page 64 Q. This pistol he had is a 32 special. A. I never looked at it very much. Q. You are familiar with fire arms? A. I am. Q. What is the caliber of that gun? A. I can see.   Witness Garrett Anderson, being first duly sworn, testified as follows: DIRECT EXAMINATION by Mr Bratton: Q. Your name is Garrett Anderson? A. Yes sir. Q. How old are you Garrett? A. I am 52. Q. Where do you live? A. About ten miles east of here at Three Points. Q. Is that in Monroe County? A. Yes sir. Q. How long have you lived in Monroe County? A. A little better than 21 years. I have been out about four years during that time. Q. What official position did you hold in Monroe County on the 5th day of August, 1948? A. I was policeman of the town of Madisonville. Q. How long had you been policeman of the town of Madisonville at that time? A. Better than a year. I started in the year before in May. Q. You started in May, 1947? A. Yes sir. Q. You are still a policeman of the town of Madisonville at the present time? Page 65 A. Yes sir. Q. Did you know Rucker Cornett? A. Yes sir. Q. How long had you known him prior to his death? A. Ever since May, 1947. Q. Was John Freeman a policeman at the same time you were? A. Yes sir. Q. He was already policeman when you started? A. Yes sir. Q. Have you ever served as an officer other than policeman of the town of Madisonville? A. I was deputy sheriff under Jim Kennedy. Q. That was some time ago? A. Yes sir. Q. On the 5th day of August, 1948, I will ask you where you first saw Rucker Cornett? A. At the corner at Lowry's Hardware. Q. What time of day? A. I don't remember just what time of day. It was in the evening. Q. Who was with him? A. Louis Cantrell. Q. What was his condition at that time? A. He looked like he was pretty high. Q. At that time did you or not see him with a pistol? A. Not right exactly at that time. Some man come to me and told me Rucker had a gun in a man's breast telling him he was going to kill him and was drunk. Me and a deputy sheriff went over there. Q. Where were you when that word came to you? Page 66 A. Here about in front of the courthouse. Q. Did you go over there where Rucker was? A. Yes. Q. When you got there who did you find? A. Rucker and Louis Cantrell. When I got over there Rucker had his hand in his bosom. His shirt was unbuttoned. Q. What did you say to him and what did he say to you? A. As I came up to him he kept turning around with his eye on me with his hand in his bosom and he told me to stand back and not come up to him. He kept saying that. He started off between two cars across the street and as he went between the cars he pulled his pistol out of his bosom and stuck the barrel out in his front pocket and went over to the filling station, the Pure Oil station. Q. Did you follow him over there? A. Yes sir. I went over there and about the time I got to the tank he said. "Don't you come any farther if you do I will kill you. Stay back." He had a pistol stuck down in his front pocket with his hands hold of the gun. Q. Did you see any part of the pistol then? I would not say I did at that time. I kept on talking with him and told him I wasn't trying to shoot him, thought I would keep on until I could get hold of him. I got up in 6 or 7 feet of him and he said - I don't remember exactly -"You damn son of a bitch of g__damn son of a bitch, if you don't back up I will kill you." I moved back just a little, didn't go any farther. Q. What did you do then? A. I just stood there and some more folks took him away. Page 67 Q. How long after that before you saw him again in front of Lowry's? A. It was quite a little bit. I went down to Tom Upton's to get a warrant for him. Q. Is Tom Upton a J. P.? A. Yes sir. Mr Upton said come back and get it from Arsel Williamson the City Recorder. Q. Did you se John Freeman then? A. I don't remember just where I did see John. First I came back to the City Hall and asked for a warrant. Beecher Witt was there at that time and Arsel asked Gen Witt to write out a warrant. Q. That was the Attorney General? A. Yes sir. He wrote out the warrant. Q. Did you sign it? A. Yes. We come back to town. Rucker made a few trips around here and parked in front of Lowry's store. Me and John were standing on the corner. I said, "John, we just as well go over and get him." I went on the right hand side of the car and John on the left. When I went up to the car Rucker looked around at me. John went to talking to him. John tried to persuade him to get out and go on peaceably, talked for quite a good while. Rucker shifted the car gear shift in reverse. I reached inside the car and knocked it back down out of reverse. He looked around at me again. All the other time he was sitting there talking with John. John tried to get him to get out of the car and come on without any trouble. Q. Did John tell him he had a warrant for him? A. I don't recall whether he did or not. John knew I had a warrant for him. Q. Did you do any talking to Rucker at all? A. No. Page 68 Q. Then what happened? A. Rucker threw the car in reverse and backed out - we held on to the car. He jerked the car back into low gear. I had stopped. As his hand came from low gear his hand went in the direction of his bosom. I could only see up to here. Right at that particular time John got excited and raised his voice. He said, "Rucker you can't do that." He had his gun motioning that way. Told Rucker, "You can't do that." Then he fired. Q. How many shots did John fire? A. Two. Q. You say the last motion you saw Rucker make after he changed gears was going toward his shirt? A. Yes sir. His hand went in that direction. Q. Then what happened? A. The car took off up the street. Q. Toward the Baptist Church? A. Yes sir. It struck a truck and two cars and then struck a tree at the church. Q. Did you go up there? A. Yes. Q. Was anybody there when you got there? A. Yes somebody beat us to the car and cut the switch off and stopped the motor. Q. What did you do or see there? A. When I got up there I opened the door and started pulling Rucker out and the gun slid down toward his chin. Q. Does that appear to be the gun? A. Yes sir. Q. That is filed as Exhibit 1 - is that the same gun? A. I never had hold of the gun. When I took hold of his shoulders to get him out of the car it slid down by his chin. Page 69 Somebody reached in and got it. Q. Was his shirt unbuttoned? A. Yes sir. Q. How far down? A. All the way from his belt. Q. Did you ever see this pistol before? A. No. Q. Were you there when Clyde Hyatt examined the body for weapons? A. Q. You didn't fire any shots? A. No. Q. Had you and Rucker had any previous trouble? A. No. You wouldn't call it trouble. One time I had to report a drunk that went in the back and I went up there and took the man out and took him to jail Rucker said he didn't think I had a right to go in his kitchen. I said probably I hadn't but I think I have a right to go anywhere you serve beer - you serve beer in there. I told him that his business was selling beer and I didn't fall out with him regardless of the amount of beer he sold lawfully. My business was enforcing the law and I didn't think he ought to fall out with me if I caught a drunk.   CROSS EXAMINATION by E. R. Sloan: Q. Garrett how long have you been a police officer in Madisonville? A. Since May, 1947. Q. You have had occasion to be in Cornett's restaurant at various times? A. Yes sir. Page 70 Q. I will ask you if on one or more occasions in making arrests he assisted you in making such arrests? A. You man help me out - yes sir. Q. I will ask you if he had not helped you in every way a proprietor of a business of that nature could in maintaining order. Mr Bratton: That calls for an opinion. Court: Answer it. A. No. Not any more than anyone would. Q. I will ask you if John Freeman ever told you Rucker Cornett had it in for you or didn't like you? A. He told me at one time I would probably have trouble with Rucker. Q. Didn't you get to where you didn't go around his place? A. I did. Q. Was that due to the fact that Freeman had told you Rucker didn't like you? A. No sir. Every time I did any work there or got a drunk arrested from Rucker's place seemed he would report me to Gene Sheets and wanted to know if he had anybody else to send up there to watch the place. Q. What did he report you for? A. Take one instance - we took Bob Watson out of a truck in front of Kyker's Mr Bratton: This is not competent. Court: I don't see how. Page 71 Q. Isn't it true that Freeman caused this feeling because he was going to Rucker's to drink liquor and Garrett knew about it and he wanted to keep Garrett away? Didn't you know Freeman was drinking liquor at Rucker Cornett's? A. No sir. Q. Did you ever see him take a drink or smell liquor on him after coming away from there? A. I wouldn't say I did. Q. Did you ever see Freeman going away from there when he seemed to be under the influence of liquor? A. No. Q. On the day this arrest was made on which side of Rucker's car were you on? A. On the right hand side. Q. Did you have your gun in your hand at the time you walked up to that car? A. Yes sir. Q. Was there any time that you could not have shot him if he had offered to pull a gun? A. Certainly not. Q. Did you at any time feel you were in danger while John was talking? A. I would say I didn't for I kept my gun ready. Q. If Rucker had started to pull a gun would you have used you gun? A. Yes sir. Q. Had you read or offered to read the warrant to him? A. I don't think I spoke to him. Page 72 Q. Did you have the warrant in your pocket at that time? A. Yes sir. Q. Wasn't Rucker watching you most of the time? A. No. He only looked around at me two different times. One time when I knocked the gear shift down and when I first walked up. Q. At the time you knocked the shift down how far had he gotten away from the curb? A. He had never left the curb. Q. What did he then do? A. He just looked around at me. Q. Did he put the car back in gear? A. Not at that time. Q. In the meantime you had your gun pointed in his direction? A. No I had it in my hand. Q. Did you ever put your hand on Rucker? A. No. Q. Would you have reached in and took hold of him? A. I don't know - I might have stood a chance to. Q. Could you not have made that arrest without shooting Rucker? A. I didn't know - there was only one way to have found out about that was just to test it out. Q. You made no attempt to arrest him. A. No. Q. Did John Freeman ever take hold of him? A. Not that I saw. Q. Did Rucker have his arm and hand lying up in the door on the side on which John was standing? A. I don't know whether he did or not. Page 73 Q. Did he have his hand on the steering wheel while he was backing? A. Part of the time, part of the time he didn't, he backed out while talking. Q. Had Rucker made an attempt to draw his gun were you in position where you could have and would have fired? A. If I had seem him going far enough with it I knew I would have had to have done it, I would. Q. When Rucker threw this car into reverse I will ask you in what position he had to raise his hand to put it back on the steering wheel? A. That would depend on what part of the steering wheel he put his hand. Q. The gear shift on that car is in the center? A. Yes in the floor. Q. Is that about the same place the gear shift is on you car? A. That is right. Q. When he changed gear from reverse to forward movement wouldn't he naturally bring his hand up like that to get it back on the steering wheel? A. Depended on what part of the wheel he reached to - if at the bottom probably his hand would go that way but on the side or top his hand would go up. Q. When he changed gear and the car started backward he was then in part out of your view? A. Not until after he changed gear - when he first changed gear and backed out I could not have. Q. Were you on the running board of the car? A. I was until I swung off. I got off when he backed out. Q. When he changed gears you were not in position that you Page 74 could see his hands at all times? A. When his hands left the gear sift I swung off. It had done cut back in the street when he started, brought back in low gear. Q. You could not see his hand at all times from the time he took it off of the gear shift lever? A. I could see it all the time until I swung off of the car. Q. You could not say positively he was going toward his bosom or the steering wheel? A. I would say he was going toward his bosom. Q. It did not enter into his shirt? A. I never saw that. Q. Haven't you made the statement since this occurred that had Rucker reached for his gun you would have had to shoot him? A. Not that I remember of. I have said I went up on the right hand side to keep him covered. Q. Why did you keep him covered if you did not attempt to make an arrest? A. He backed out and if he was going to run off I didn't mean to kill him. When his hand went off of the gear shift and I could not see his hand I swung off of the car. Q. As a matter of fact you don't know he reached for his gun? A. No. Q. You never saw him raise his hand up? A. I never said he raised his hand up. Just from the gear shift. Q. Had he attempted to draw a gun would you have been compelled to shoot him? A. No I would not have been compelled to. Page 75 Q. When John Freeman said to Rucker "Don't do that" wasn't he telling him not to back out, not to pull off of the scene? A. Ask John about that - I don't know. I don't know what the other man means when he is talking. My impression was that he was drawing a gun on him. Q. But you did not see the gun? A. No. I could not see it from where I was unless he brought it up high enough so I could have seen it. Q. I will ask you if you have not made the statement since that time that you would not have shot him? A. No sir. Q. You haven't made that statement to anyone? A. No sir. Q. You never made the statement that shooting was unnecessary? A. No sir. Q. You are sure of that? A. Yes sir. Q. When you were talking about this a day or two after did you ever tell that Rucker actually reached for his gun - to refresh your memory didn't you say you saw his hand leave the gear shift lever but you could not say whether it was going to the steering wheel or not? A. I said it left the gear shift and went toward his bosom. You could catch the lower part of the wheel with a motion toward the bosom but you could not catch the top part or side. Q. You have talked to Mr Freeman about this? A. Very little. Q. Have you talked to Mr Bratton some? A. Not any except today - a few minutes ago. Page 76   Q. Before you talked to either of them you were not sure about the movement of the hand toward the bosom were you? A. Yes sir. They never even asked me about the hand toward the bosom. Q. I believe you went up the street to where the car came to a stop? A. Yes sir. Q. Did John make any remark to you coming back from the scene of the crash about getting rid of the son of a bitch? A. No. Q. What did he say? A. I don't remember what he said but he didn't say that. Q. You don't remember what he said? A. That is right. Q. You don't remember him saying you were rid of him and wouldn't have to worry about that one? A. No. Q. You didn't talk about it on your way back? A. I don't remember whether we did or not. Q. You didn't stop out here on the way back at Hyatt's Restaurant? A. We come down the other side of the street. Q. You were out near the middle of the street, do you remember talking about it there? A. No sir. RE-DIRECT EX by Mr Bratton: Q. In going from the gear shift in the center of the car to the steering wheel would you lift your hand from the body or toward the body? A. I don't know how everybody takes hold. I would get hold of the steering wheel about here - when I leave the gear shift Page 77 to take hold with my right hand that would be an upward raise. His hand went down and left it coming back that way (indicating). Mr Sloan: I don't believe that would be competent. Court: It would have to be on that particular car.   Witness, R. F. Hardin, being first duly sworn testified as follows: DIRECT EXAMINATION by Mr Bratton: Q. Your name is R. F. Hardin? A. Yes sir. Q. How old are you? A. Fifty one. Q. Where do you live? A. Down the street here in Madisonville. Q. What is your business? A. Shoe repair. Q. I believe you have a shoe repair shop across from the courthouse by the Pure Oil Service Station? A. Yes sir. Q. Did you know Rucker Cornet during his lifetime? A. Yes about three years I guess. Q. How long have you lived here in Madisonville? A. Since 1941. Q. On election day August 5, 1948, in the afternoon did you see Rucker Cornett? A. Yes sir. I saw him in his car riding up and down the street and at the Pure Oil filling station. Q. At the Pure Oil filling station tell the Court and jury what you saw and heard out of Rucker Cornett. A. The law was trying to arrest him. Page 78 Q. Which law was that? A. Anderson and Harrill deputy sheriff. Q. What happened? A. He would not let them get close enough to arrest him - he was making them stand back. Q. How did he make them stand back? A. He had a pistol in his pocket. Q. Did he have his hand on it? A. Yes sir. Q. What did he say? A. He told them to stand back. Q. What else? A. He reached for his gun and said, "You are asking for it." Rucker told the policeman to stand back and put his hand up this way - says, "You are asking for it. Don't come any closer." Q. Did those officers go away and leave him? A. They circled around through the crowd. Q. Did you see him talking to anybody else previous to that time? A. Before that he was across the street in front of Frank Lowry's had a gun on a man. Q. Who was the man? A. I don't know his name he is in the witness room. Q. How did he have the pistol on the man in front of Lowry's? A. Had it stuck in his shirt front sticking in him. Q. How long did that continue? A. When I first saw it some fellow come across the street looking back over his shoulder, go to Deputy sheriff and Anderson and point across the street. I saw a man bareheaded with a white shirt on , his back to me. The two officers walked up. He turned Page 79 around and put the pistol in his bosom. He come behind some cars, took it out of his bosom and put it in his pocket. He zigzagged across to the filling station. Q. Was he drunk or sober? A. I didn't see him staggering. I was not close enough to smell anything. Q. Did he have the actions of a drunk man? A. Yes sir. Q. Was he at the filling station when he stood the fellows off? A. Yes sir. Q. How long after that until you saw him? A. Some fellow took him off in a car. After a little while he was back. Q. When he came back how long had he been there before you saw Anderson again? A. I saw Anderson all the time. He was up and down the street. Q. Did you see Cornett pull up in front of Frank Lowry's store? A. I did. Q. Did Anderson and Freeman go over there to him? A. They were standing between the courthouse steps and the corner when he parked the car and they walked over there. Q. Then what happened? A. They talked two or three minutes to him. Rucker commenced backing his car and then he was shot. Q. Did you see who did the shooting? A. Yes sir. Q. Who did the shooting? A. John Freeman. Page 80 Q. Did John and Garrett Anderson both have on blue uniforms? A. Yes sir. Q. They were policemen of the town of Madisonville? A. Yes sir. Q. What was the position of the car when the first shot was fired? A. The car was angling into the curb and he commenced backing up, got almost straight - then two shots were fired - the wheels rolled so far after the second shot was fired and then jumped forward. Q. You could not see what Cornett was doing? A. No sir. Q. Was he looking out the back glass? A. No sir. He was looking at Freeman. Q. Did he ever look out at the back? A. Not that I noticed. Q. Were you in position to see him if he looked back? A. No sir. Q. But you saw Anderson open the door? A. No. He tried to get the door open and it wouldn't open. He reached his hand through the window. Q. How long after they got over there to where Cornett was before the shots were fired? A. Two or three minutes. Q. Did both of them follow the car as it backed out? A. For a little piece. Anderson dropped back. Freeman stayed with it. Q. Did you see Anderson on the running board? A. No. Q. After the shots were fired the dar took off in what direction? A. South. Q. Did you hear it strike anything? Page 81 A. Yes sir. Q. Did it make a loud noise? A. Yes sir. Q. How many automobiles did it hit? A. Hit one and knocked that one into another and then glanced off about the Baptist Church and hit a big locust tree at Mrs Haggard's. Q. Did you go out there? A. Yes sir. Q. Had they taken him out of the car? A. No. There was I guess a dozen people there before I got there. Officer Freeman came up and I believe Anderson did. Q. All of this from the time you first saw him with the gun on the man in front of Lowry's store until these two shots were fired happened in what space of time? A. I could not say definitely - two or three hours. Q. Had you seen him driving around after he had the pistol on the man and the officer? A. Yes sir. Q. How many times did he drive through town? A. I didn't count them - several times. Q. Did you see Freeman try to stop him at any time? A. Yes sir right out here he got up on the running board and he stepped off and like to have fallen. Q. Did you hear him talking to Cornett? A. Not then. Q. Later did you hear Freeman say anything at the car? A. I heard his voice I couldn't understand the words. He was shaking his head. That was just an instant before the shots were fired. Page 82 CROSS-EXAMINATION by Gen Witt: Q. You have a place of business right out here on the opposite side of the street from Lowry's? A. Yes sir. Q. At the time you saw Freeman trying to stop Cornett, Cornett was coming this way? A. Yes sir. Q. That was how long before the shooting? A. It was a good little while before the shooting. Q. At the time you say you saw them there at the filling station how long was that before the time Mr Freeman tried to stop him out here in the street? A. I would say between 25 minutes and an hour. Q. Do you remember what officers were present there at the filing station? A. I don't know. Deputy Harrill, Anderson was there and McNabb was on this corner here, a lot of deputies around. Q. Who took Cornett off at that time? A. Some big fellow by the name of Tallent I believe. Took him off from the filling station. Q. John Freeman wasn't there then? A. No sir. Q. How long until he came up? A. It wasn't so long - maybe 25 minutes. Q. Did you see Cornett any more after that up until the time Freeman tried to stop him out here? A. Yes sir riding in his car. Q. By himself? A. Sometimes by himself and sometimes others with him. Buster Sloan and Homer Abernathy got in his car and took him off. Page 83 Q. Where were you when the shooting took place? A. I was at the corner of the sidewalk in the courthouse yard by the walnut tree they cut down. Q. If I understand more or less you could see Mr Freeman but you could not see the movements of the man Cornett who was shot. You couldn't see his hands? A. I could see his left hand on the steering wheel but his right hand I could not see. Q. You don't know whether or not his right hand was on the gear shift? A. No sir. Rucker's body was between me and his right hand. Q. In backing up you have to change into reverse, don't you? A. Yes sir. Q. If you wanted to go forward you would have to throw in low? A. Yes sir. Q. You could put the gear in low, hold in the clutch and put it in neutral; if you wanted to go forward you would put your foot on the gas? A. Yes sir. Q. You don't know whether he was changing gear when he was shot or not? A. No I don't. Q. You do know the car evidently was in gear because it started forward? A. Yes it lunged forward. Q. I presume you don't know how or when it was put out of reverse into low - could you see? A. I could not see but it had to be. After it was in reverse he put it in second or low. Page 84 Q. What make car was that? A. I could not tell you. Q. Some cars start off in second? A. Yes some - not many. Q. Anyway you do have to have it in low or forward gear before you start off? A. It started off with a sort of rush, jumped. Q. Was the car at the curb? A. yes sir. Q. Had it backed out far enough to have the front straight out in the street? A. Yes sir. Q. It was practically straight. He backed out far enough he didn't hit any cars. Do you remember about the front wheel - whether it was cut or not? A. I didn't notice. Q. How long was it in that position - the pause? A. Just the bat of your eye - it stopped rolling backward and went forward. RE-DIRECT EXAMINATION by Mr Bratton: Q. Did you see anybody there besides John Freeman, Anderson and Rucker? A. Dr Bagwell was there on the corner when Rucker drove up but he went down the street. Q. Where was Lenoir Wade? A. Lenoir Wade and someone else was talking to Rucker when the two policemen walked up and as the policemen came to the bumper of the car they stepped up on the sidewalk and two or three men peeped around the corner of Lowry's. Page 85 Q. How many feet did that car roll backward would you say after the second shot? A. From 1 to 2 feet after the second shot was fired - it jumped and went forward. Q. It was going backward until after the second shot was fired? A. Yes sir. Witness Louis Cantrell being first duly sworn testified as follows: DIRECT EXAMINATION by Mr Bratton: Q. Your name is Louis Cantrell? A. Yes sir. Q. Where do you live? A. Out the Tellico road about a mile. Q. How old are you? A. Fifty-six. Q. Have you lived all of your life around Madisonville? A. Yes sir. Q. Are you acquainted with Rucker cornett? A. Yes sir. Q. How long had you known Rucker? A. About ten or twelve years. Q. Do you or not visit his place of business here? A. Yes sir. Q. On election day, 1948, August 5th, did you see Rucker that day over near Lowry's Hardware store? A. Yes sir. Q. What did he say to you or what did you see there - what were his actions? A. First I saw him he was standing over there on the street with Tom Raper and Jim Crofts - they were kind of scuffling over Page 86 something. I started to get me a drink. Rucker saw me and said come here a minute. He had Tom Raper's pipe trying to take it away from him. He said, "Come here". I went out there and he reached over and got hold of me and said, "What have you got to do with this?" I said, "not anything." He said, "I am going to shoot you." I said, "you and me are friends, you can't shoot me with that toy I see there." I saw something was wrong with him. He didn't look right. I began to get scared and told him "You and me have always been friends. You couldn't afford to shoot me." He put his gun back in his bosom. He commenced talking . Said we were interfering with his business. He said, "I will be killed today." I said, "No you won't if you go home. I will go home with you." He pulled his gun out again. We were talking and Mrs Peace, young Fred's wife passed. She spoke and I don't remember but I believe he spoke. I looked up the street and Mr Anderson and Hugh Harrill come on up. Nobody said a word for about a minute. Rucker stood up against the wall. He stepped out and said, "Say it, whatever you have got to say". I said, "Rucker I have nothing to say. Mr Anderson said, "Here Rucker." Rucker stepped down backward, started across to the filling station they followed him. I went on down the street. Met Dr Bagwell and stopped and talked to him. They were having some kind of a racket over there at the Pure Oil station. Rucker's car was sitting there. O1 Tallent ran in there and said "I am not going to have this. Somebody is going to be killed." Rucker got into his car and went off. He was gone an hour and a half or two hours. When he came back I was standing on the street . He come around by the courthouse and drove right in there at Lowry's store and John Freeman and Garrett Anderson followed him. John went on the left hand side and Garrett went on the right. The glass was rolled down, Page 87 but I could not see Rucker and could not hear anything that was said. I was standing on the corner of the same block on the courthouse square. Q. Did he ever actually draw the pistol on you? A. He sort of punched me with the barrel. Q. When did that happen to Jim Crofts and Tom Raper? A. I never did know where they went - I was looking for somebody. Q. Had you ever had any previous trouble with Rucker? A. Never had any words with him. Q. At the time he had his pistol on you had you done anything or offered to do anything to him? A. No sir. Never had a short word with him in my life. Q. Was he drunk? A. I would say he was doped or something. Don't know whether he was drinking or not. Q. Did you or not tell Anderson about this? A. Anderson talked to me, he said something was wrong with him. He would not shoot him. Q. How long after that until he came back? A. An hour and a half - maybe two hours. CROSS EXAMINATION by Gen Witt: Q. You live out here from Madisonville? A. Yes sir. Q. Are you on the regular panel of this jury? A. No. Q. What kind of a pistol was it? A. I don't know exactly the size. Looked like a 32 S & W. Q. Blue steel? A. Looked like blue steel. Page 88 Q. Did you actually see the pistol? A. Yes sir I saw the pistol. Q. You say Tom Raper disappeared? A. He got gone - him and Crofts - I never paid any attention where - I was talking to Rucker. Q. How long was it until Anderson came up? A. Five or ten minutes I guess. Q. Where did the deceased Cornett go - what did he do? A. He just backed up against the wall and stood there with his head down. They walked up nobody spoke for a minute. Rucker said "Say what you have got to say." I said. " I haven't a word to say." He back and went across the street to Homer Abernathy filling station. Q. How long was that before John Freeman came? A. That was something like an hour or an hour and a half. He came back and pulled in at Lowry's. Q. Were you there when John Freeman first come up there? A. No sir. I had not seen John Freeman that day until he come across the street. Q. You didn't actually see the position of the deceased when the shots were fired? A. No sir. He was in the car. Q. Where were you then? A. Standing down here on the corner of the courthouse. Q. You could not see the position of Rucker? A. No. I could not see Rucker enough or hear what was said. I saw Mr Freeman shoot. Page 89 Witness Joe Harrill being first duly sworn testified as follows: DIRECT EXAMINATION by Mr Bratton: Q. Your name is Joe Harrill? A. Yes sir. Q. How old are you Joe? A. I am 52. Q. Where do you live? A. I live on the highway down here about two miles from Madisonville. Q. What official position did you hold in Monroe County, Tennessee on the 5th day of August, 1948? A. I was deputy sheriff. Q. Are you still a deputy sheriff? A. Yes sir. Q. On that day where did you first see Rucker Cornett? A. I first saw him right over here on the northeast corner of the courthouse on the street. Q. What time was that Joe? A. It was 4 o'clock sometime. Me and Clyde Hyatt had been down to Fowler's Mill and just drove in. Q. Is Clyde Hyatt another deputy sheriff? A. Yes he was at the time. Q. Is he seriously injured and unable to be out? A. I guess so. He had his hip broke. Q. What was Rucker doing when you saw him? A. He was in his car and Clyde Pesterfield was talking to him then. Q. Did you see him later in front of Lowry's. A. I did. Page 90 Q. How long afterwards was that? A. I wouldn't know hardly. Might have been an hour. Q. Where were you when he drove up to Lowry's? A. I was standing over there beside a car. Q. On the same side of the street with him? A. Yes sir. Q. Did he drive in close to you? A. There was one car between us. Q. Could he see you from where you were standing when he drove in? A. I don't guess he could. Q. Had you heard they had any previous trouble with him that day? A. Yes. Q. Was Clyde Hyatt with you? A. No. No I was standing beside the car talking to Esta Sloan. Q. Was there a parking place between your car and Rucker's or were all the spaces filled? A. There was no vacant place between me and him. Q. Where did he park with reference to the door of the hardware store? A. About even with it parked at an angle. Q. Did you see John Freeman? A. Yes. Q. See Anderson? A. Yes sir. I saw John and Garrett leave the corner of the courthouse and come across the street. John went up on the left hand side and Anderson on the right. Then he backed out in the street headed south. Q. Then what happened? A. After he backed out, I come around to the back of the car toward his car. John was still on the same side. Garrett was Page 91 on the other side. I heard John ask him not to do that. I don't know what he was fixing to do. Q. When John said that what were his words? A. He said, "Don't do that Rucker" twice. Q. Did you hear the shots fired? A. I did. Q. With reference to the time the shots were fired how long after he said "Don't do that" until the shots were fired? A. Just a second. Q. After the shots were fired what happened to Rucker's car? A. It took out down yon way in second. Q. Was the motor racing or running slow? A. It was wide open. Q. Did that car hit a truck or another automobile? A. Yes about Red Hawkins' drug store. Q. Did you see it when it collided with the tree? A. Yes sir. Q. Did you go out there? A. I did. Carroll Cagle and me got there at the same time. Q. What position was Rucker in the car? A. Sitting about where a man is supposed to sit driving. His head over to the right, laying on the seat on his side. Q. Was the motor of the car still running? A. Yes. I did not cut it off. Somebody else cut it off. Q. Did you see the pistol in the car? A. I did. Q. Where was the pistol? A. Laying on the edge of the seat when we started to pull him out. It was near the right breast. His shirt was unbuttoned plum to his pants. Page 92 Q. Do you know what kind of a gun that was? A. I got the gun. A 32 I think. Q. Did you see any other gun in that car? A. I did. Q. Were you there when Clyde examined the glove compartment? A. Yes but I didn't see him get the gun. His shirt was open and the gun was laying right here. I reached and got the gun. Q. How long between the time the shots were fired and the time you got out there and took the gun off of the seat? A. Two or three minutes. Q. Did you run all the way? A. Yes. Q. Who else was around that car when John and Anderson walked up. A. There wasn't anybody about the car when they walked up. Q. Was anybody around there close? A. Two or three on the street. I never paid any attention. Q. Could you see the movement of Rucker's hand from where you were? A. I could not on account of the dash of the car. CROSS EXAMINATION by Gen Witt: Q. Joe were you over there when they had trouble at the filling station? A. No I wasn't in town. Q. Who got out there first - was Carroll Cagle there? A. Me and Carroll got there about the same time. Q. If I understand you correctly you say you could not Page 93 see the hands of the deceased at the time of the shooting? A. I could not. Q. You said this car went in full force - you mean in low? A. No that car was in second when it went off. Q. Did it sound like he pressed on the gas? A. Yes you could hear it a quarter going off. Q. Could you go off in second with a car like that? A. Yes could go off in high. Q. Not very fast? A. What kind was that car? Q. It was a 39 Ford. A. If you start off in high it kills your motor? Q. If you have plenty of gas you can start off in most any car in high. RE-DIRECT EXAMINATION by Mr Bratton: Q. Was that motor running very fast? A. Yes it was. Witness Carroll Cagle being first duly sworn testified as follows: DIRECT EXAMINATION by Mr Bratton: Q. Your name is Carroll Cagle? A. Yes sir. Q. How old are you? A. Forty one. Q. I believe you operate a service station here in Madisonville? A. Yes sir I do. Q. Where is your station with reference to the public square? A. A block and a half out the street on the right - opposite Page 94 the Baptist Church. Q. You knew Rucker Cornett? A. Yes sir. Q. On the 5th day of August, 1948, election day, did you see his car wreck over near the Baptist Church and Miss Hick's yard? A. I did. Q. Did you go over there? A. Yes sir. Q. Did you immediately before that hear any noise or shots? A. Yes sir. I heard the shots. They were a muffled sound but I heard some shots. Q. Then what else did you hear? A. I heard the car going out the street - saw it hit in the rear of the truck and car parked in front of Hawkins' place. Q. Was that before it got to your place? A. Yes sir. Q. That made a loud noise? A. A pretty good racket. Q. A louder noise than the shots? A. yes. Q. The car hit what in the Hicks yard? A. Hit a locust tree. Q. When it hit this tree, didn't it sort of bounce? A. Yes bounced some - it hit the left side. Q. When you got there who was there? A. I guess I was about the first there. Q. Did you cut the motor off? A. No I didn't I went on the right hand side. Page 95 Q. Was Rucker in the car? A. Yes sir. Q. What was his position in the car? A. Lying over on his right side - his head to the right. Q. Where was the lower part of his body? A. Under the wheel. He was sort of slumped to his right. Q. Did you try to open the door? A. Yes I did open it. Q. Did you raise him up? A. No I didn't raise him up. Q. Who raised him up? A. I am not sure but I helped. Garrett Anderson. I would not say which one for sure- took hold of his shoulder. Q. Did you see the gun when you raised him up? A. I saw it when I opened the door - partly out of his shirt - the butt of the gun was out of his shirt. His shirt was unbuttoned one or two buttons. Q. Do you know what kind of gun it was? A. I could not say - the handle was black. Q. Did Joe Harrill get that gun? A. Yes sir. I believe Joe took it out. Q. Did you see any other gun there in that car? A. No sir. Q. Did you see Clyde Hyatt or anybody else with a gun? A. No sir. CROSS-EXAMINATION by Gen Witt: Q. Mr Cagle was that car in some sort of gear at that time - was it in neutral or still in gear? A. I would say it was in gear. The compact stopped the car. Q. Could you tell what gear it was in? A. From the noise the motor made as it came out the street I would say it was in low gear. Page 96 Q. Cornett was dead when you got there? A. Yes sir. He looked like he was. Q. You don't know whether he died immediately after he was shot or when the car struck? A. No I saw him slump over it must have been in front of Hyatt's restaurant. Q. Did the car go in a direct course, zigzag, or swerve? A. It hit cars parked on the right - hit a car on the right and angled to the left and went across the road. Q. Were his hands on the wheel when he passed your place? A. I don't think they were. Would not say positively. Q. You think when you saw it it was in low gear? A. Yes from the sound of the motor. Q. You don't know who cut the switch off? A. No someone walked around and cut the switch off - I could not say who it was. I was among the first there and someone went around on the other side. Q. You didn't see the shooting? A. No. Witness C. H. Biereley being first duly sworn testified as follows: DIRECT EXAMINATION by Mr Bratton: Q. Your name is C. H. Biereley? A. Yes sir. Q. Where do you live? A. Just across the street from the courthouse. Q. What business are you in? A. Have a funeral business. Q. How long have you been in the undertaking or funeral business? A. About twenty years. Page 97 Q. Mr Biereley do you remember the occasion or the time when Rucker Cornett was shot and killed? A. Yes sir. Q. I believe it was on election day late in the evening? A. It was August 5th. Q. On the 5th day of August did you take the body of Rucker Cornett to your establishment? A. I didn't take it there, it was brought there. Q. Did you see the wounds on the body? If so I wish you would describe the wounds. A. The shot went in on the left side and came out on the right - lower down. Q. How far below the arm pit? A. I did not measure that. I would say four inches above the hip joint. Q. That would be how it ranged or dropped from the left to the right? A. I don't know there would be a drop. Q. What vital organs if any did that bullet penetrate? A. I would say it went right through the heart and that shot was fatal and killed the man. Q. Is it sometimes possible when a man is shot through the heart for him to make movement on for some distance? A. I would not say about that. Q. You do say he was shot through the heart? A. Yes sir that killed him. He bled to death internally. Q. That stopped the heart? A. Yes it probably would be some little time before he stopped breathing - not as quick as if shot in the brain. If any one is shot in the brain they are killed quicker than in the heart. Page 98 Q. Did you see where the bullet entered on the left side? A. Yes sir, right about here. Just above and a little behind the left nipple. Q. You say he bled to death internally? A. I would say he did. Q. I believe you said from your observation a person shot in the brain would instantly die and it would be a few seconds longer if shot through the heart? A. I would say so. I am not saying positively that is my opinion. It is stipulated that General Witt did draw the warrant at the instance of Mr Freeman and Mr Anderson. That General Witt wrote it at the Recorder's office. The charge was carrying a pistol and driving while drunk. That he saw the Recorder sign it in the presence of the two policemen before this man was killed. Here the defendant rests. This was all the evidence heard in the case. Page 99 To the action of the Court in overruling his motion for a new trial the defendant John Freeman tenders this his bill of exceptions which is ordered by the Court to be signed and sealed and delivered to the Clerk, to be filed by him and made a part of the record in this cause to be copied into the transcript.