MRS. RICHARD PELLUSCH SWORN . . . We went out to the Smith home and came back for supper, the Mr. & Mrs. Earnest L, Smith, Jr. came back with us , and after supper we just sat around and talked. . . . Q. Were the men drinking? A. Yes. . . Q. What were they drinking? A. Whiskey . . . Q. Was he [Mr. Smith] drinking? A. Yes. Q; How much? A. I don't know. Q. Very Much? A. I think so. He had been drinking about all day. Q. Was he tight? A. He could get around, but I think he was pretty tight. Q. Did Mr. Smith leave your home? A. No, not until 10:30 or 11:00. Mr. R. D. Teal took him home. Q. Did they walk? A. They walked to the car and left together. . . . Q. When did you find out that Smith was dead? A. The early part of the net morning. Mr. Tiny Sellers came and called me and said, "Earnest is dead." He left my house perfectly well. . . Q. What was Earnest's condition hen he left your house? A. All right. He was sober. He had been sleeping. Q. Did he drink anything just before leaving your house? A. I don't remember about that. . . Q. Did Mr. Teal come to your home next morning and saw anything to you about what had occurred at your home. . . Q. Did he say anything about not sawying anything about what had happened? A. Yes. Q. "what reason did he give for this?" A. He just didn't want to get in a scandal
Mr. Richard Pullusch sworn. . . Q. What condition were thet in when they left your house? A. Just little different thn I am now. Q. Pretty tight? Did they walk? A. Yes, both walked to the car. Q. Whose car? Who was driving. A. R. D. Teal's car. I think he was driving. . . Q. When did you see Mr. Teal again? A. Something that morning. Q. What did he come for? A. He had heard about it and we talked it over. Q. What did you talk over? A. Well, we just tried to decide how something like that could have happened to Ernest. I knew he wasn't that drunk when he left the house. We tried to quiet to keep down the public as much as possible. To say no more about it than we had to. . . . Q. Was there anything said to you about not saying who carried him home? A. Yes. . . "let's not tell who carried him home." Q. Did he tell you where he went? A. He told me he took Earnest home and watched him go into the house.
Statement by Dr. Wiley: I went done to the house. Mr. Smith was lying across the bed. He was lying on his face and was definitely dead. He was still war and was very blue. It looked like heart failure. . .
Tolman Johnson sworn . . . after awhile Mr. Johnson and Mrs. Smith came and Bobbie told me the bring the truck and follow them. I followed to Evans' mill place. . . I was sleeping and he [Mr. Jackson] woke me. He said he was going to help Mrs. Smith get her husband home. I parked the truck and went to sleep again. After awhile he came and told me to drive on down the road. He mentioned, as we drove along that Smith was dead. That was all that he said, and the way he said it, I just didn't believe him . . . Q. When did he tell you that Ernes Smith was dead? . . . A. I would think about 2:00 am, it was about five minutes after 3:00 when I got home . . .
Mr. Bobbie Jackson . . .Mrs. Smith asked me about going back with her to get her husband an put him to bed. . . . She went to the house and called Ernest. No one answered. She came back. We went down to the Smith house. She told me to wait for her while she went in to see Ernest if he was there. She turned the light on and called me. I went in and he as hanging on the edge of the bed. I went around to his dead and I went to turn him over and he did not feel natural. I said I believed he was dead. His mouth and nose was full of slabber. She began to cry. . .