Preston Huntley Sworn says: First he saw of the deceased was when he turned a cooner . . . was in an inclined position in the buggy saw him fall out on the chaver of the buggy and got entangled in one of the front wheels, the horse then became frightened and ran down the street buggy struck a tree near Ms P. H. Brocker, he then thrown from the axle or shaves went to the deceased as soon as he fell on the ground was dead then saw blood after he was turned over was lying face downward.