Gabe McMullin being duly sworn says: I saw the man coming up the R.R. stagering along when he came to the Lane he stoped and he went about 4 or 5 yds further and stoped he looked up and called me asked me for something to eat, I told him I did not have any cooked right now, he came up to the lot where Adam and I were, he set down on the Wagon hub, he stagered about right smart before we got something to eat for him. I give him a qt of sweet milk and Adam gave him bread while he was eating, this other fellow came up the R.R. and Hampton called him to come up there, he talked right smart and Hamp would have him to eat a little with him, after he eat Hampton gave him all his things and told him to take charge of them he took his things the fiddle and the sack and a full bottle of Whiskey, he took the things and put them on him and told him let go, told us good evening and left, that was a little after sun down Thursday, yesterday about 10 o'Clock A.M. me and Adam Caldwell meet the mail train at the mouth of the cut and after the train past, went on up the road, and went a little over half way the cut, I came upon a hat, Adam came upon a piece of a pair of pants with a pocket to it, it seemed to have pinders in it, and we came up a little further about 10 or 12 yds we saw were the train had caught him and draged him up the track, about 15 yds up the track, we saw his entrails 5 or 6 yds further some splashes of blood 5 or 6 yds further we saw his thighs on the east Side, a little higher some of his Clothes in places and his fiddle neck. I saw his remains could not not recognize him only by the Clothes that he had on. I came on and reportted to Mr Colman, the man was pretty drunk, the fiddle was in a flour sack when he gave it to the other man, he did not take it back in my sight, he was very drunk in no condition to travel, they seem to be friendly, he was killed on the curve, a part of his pants was all that I new and his fiddle. The description given by Mr Mackarell of the other man was a nigh as I could give it. The first train that I saw was the Pasenger going north. It is over a half mile to where he was killed from my house near 3/4 of a mile, I do not know how long it was before the train came after they left, they left right after sundown and I think the train came about as usual.