A. J. Bates sworn says. When I fot to him he was lying flat on his back with his hands and legs stretched out.... He had turned over himself or somebody had turned him over since he had fallen. The fall was about 12 feet from the track to the ground. If he had been on top of the car it would have been 18 feet.... There were places where he had vomited on one side and then burned back on his back.... That Barlow kniw was lying out by the side of him, not in his pocket. I never saw the other knifes. That half pint bottle of whiskey was in his pocket.... His nose was bruised a little. His legs were also bruised some....

J. R. Franklin sworn says: On yesterday I saw Mr. Henneman the mayor and he told me there was a man at the opera house and he wanted me to stay with him. I don't know exactly what time it was I came. It was before dinner. Dr. Blake [?] was here when I came. I made a fire and heated some water and put in bottles and placed them around him and at his feet. He was very cold when I cam but he commenced getting warm last night and had learned my name and he said to me, "Jim, I'm going to die." I said are you getting better. He said "Oh I can not get well, if I had not followed the circus I would not have been in this fix." I said to him that he was getting better. He asked me if I could straighten his left arm. I tried but it hurt him so bad I could not do it. He told me his name was Benson. I had not seen him before. He had very good use of his right arm. He did not commence to talk til about 10 oclock last night. He talked me all night. He said "I'm going to die." I tried to encourage him. He said "If I had not followed the circus he would be a live man." He told me that one fo the circus men kicked him off the cars. he said the man took his money and then kicked him off the cars. he told me this this morning just before he died.