1st. Witness: Donnie Freeman, Duly sworn testified as follows: . . . Q. Did you see Mr. Walter prior to his going under? A. No. I did not see him when he fell out of the board. . . Q Who was with him? A. His brother Leon Walters. Q. Did you get close to Mr. Walters? A. Yes. Q. Could you tell whether or not he was drinking? A. Yes, he was drinking. Q. How could you tell that he was drinking? A. By the way he looked and acted when he stood up and I could smell it on him. Q. What kind of whiskey was he drinking? A. White liquor. It was in a jar. He could get around O.K. I didn't see him walking. When he got up to go to the boat, he slid down the bank. His brother was sitting on the bank with him.
4th Witness, Leon Walters, duly sworn, testified as follows: . . . my brother said something about fishing. . . We borrowed the boat and went down to Mr. Chapman's house to borrow a paddle from him. . .My brother's health is bad and he was talking about making his living on the river. I told him he could make a good living for himself if he would do it right. We talked about going into business together and I told him I would loan him the money and he said he would surly appreciate it. . .After waiting a good long while we decided to go back and look for Bob. . . James kept talking about Bob and I said let's forget him but he said he was going to look for him. I tried to talk him out of it but he said he was going. He slid down the bank and got into the boat. I told him to let me take him down the river but he said he was not. He cranked the motor but the first time he he fell out and got wet but crawled back in and asked me again if I was going with him. I told him If he would let me take him and again he said me. He said it was his motor and he was going to drive it. He turned around in the river and asked me again but I didn't go with him so he took off. . . After he got about 25 yards away I didn't see him anymore. . . Q. Had he been accustomed to driving a motor boat? A. No. If he had it was while he was in the army. . .