FIRST WITNESS, HENLEY HURT, DULY SWORN TESTIFIED AS FOLLOWS: . . . I was sitting on my front porch and I went into the house to get a package of cigarettes and I noticed it was five minutes to twelve. By the time I got back to the front door, I heard this crash, I told my wife that somebody had hit that "dam tree" and told my wife to phone for the Policeman. . . Is this the tree in the middle of Kershaw Street? "Yes." Was there a light in front of the tree at the time? "Yes." . . .