Lewis Jolly sworn says: Mr. Jackson Byars, myself and others had been to Spartanburg yesterday and returned this far last night and camped. Just before day we arose and were preparing to go on. Mr. Byars had been drinking for two or three days and was drunk last nigth and this morning. He at breakfast with us this morning. After I finished breakfast I was fixing to start when I noticed Mr. Byars leaning on a little boy was with us by the name of Jno. Davis, and I saw that he looked purple and remarked that I believed he was dead and caught him up in my arms and laid him down. I then found that he was dead. He did not breathe or move at all. We were all entirely friendly. There were no cross words with him by any one that I heard. Mr. Byars lived in Polk Co. N.C. I am a neighbor to him. Lewis his mark Jolly