Lewis Harper, being duly sworn, testified: . . . We were standing on the side of the road and the car was coming. We started across the road. . . . Q. Where you colored folks having a picnic? A. yes sir. Q. What was the day? A. Friday, Fourth of July. . . Q. When you saw him at 3 was he drinking? A. Not that I know of. . . . Q. Did the car swerve or turn just before if hit Harvey? A. No sir, it turned after it hit him.
Joe Austin . . . Q. How old are you? A. I came into this world, so Mr. Fat Tracy told me, the third year after the Civil War. That makes me about 74 or 75. . . Q Were you in the crowd? A. No sir but I was standing close to the road. I was told to take the crowd to the Church. While I was standing there about half an hour after I got there, it might have been a little later, the car was coming down the road. Harvey was a little in the road and the car was coming fast. I kept my eyes on him when it struck him. . . Q. Was he standing in any part off the road? Did the car run out of the road to hit him? A. No sir, the car stayed right in the road and hit him. . .