H. E. McPherson, first being duly sworn says that he is a resident of the City of Burlington, N.C., and that he is engaged in the produce business in said City; and that he is 45 years of age.

That he met Private John Thompson and another man whom he understands was Clarence Teague and whom affiant was informed was also a member of the Durham Machine Gun Company, at the home of B. T. Elder in the City of Burlington on the morning of the 20th of July, 1920, the morning after the shooting in Graham; that it was about 7 A.M., on this morning when affiant had a conversation with Private John Thompson who stated to affiant as follows:

"That I, John Thompson, and Clarence Teague were in Garrett's Cafe and were just in the act of getting our supper when the first guns were fired. Just as Mr. Garrett had started to give us our supper when the firing started and we immediately left the Cafe and jumped into our car and rushed to Burlington as fast as the car would run, without stopping until we got to Mr. B. T. Elder's home where we spent the night. That we did not at that time know anything about what had taken place. That we did not go back to Graham from this time until the next morning and did not know what took place until we had gone back there the next morning after the shooting."