THREATT, DULY SWORN, TESTIFIED: . . . Just as I head the lick when it hit I looked oer and saw the wagon turn over. It looked like smoke, but I guess it was meal or something they had on the wagon. I wasn't running down there -- was the first one there -- just as I got to the boy a colored man came up and Mr. Smith came up, we got the boy up -- Q. Who was the boy? A. They said it was John Rushing. . . . Q. Did you talk to the men in the car? A. No. Q. do you know anything about their condition of intoxication? A. Well, the boy driving walked like he was drunk . . .
BEN OUTEN, DULY SWORN, TESTIFIED: Q. DO you know anything of the condition of the boys in the collision? A. I couldn't say, the boy wo was driving staggered a little. . . Q. Did you smell anything? A. No. Q. Would you say he was intoxicated? A. No, No. I couldn't say he was intoxicated.
RALPH EUBANKS, DULY SWORN, TESTIFIED: Q. What would you say about their condition as to intoxicants? A. I'd say they were drinking, but not drunk. Q. Pretty high? A. Enough to weave around a little.