M. C. Hines testified that the little boy that was with the dec'd. called at my house, inquiring for water about sunset. I noticed the old man staggering about but did not speak to him. I supposed he was drunk. when the waggon started he was holding tot he gear of the horse. at the request of the boy I came down tot he waggon and found the old man down and though he was dead but found he breathed. I then went and called my son. I never went right close to him. never any sign of any violence being done to the old man.