H.L. Tombin Sworn Testifies That I was coming down yesterday never saw any thing wrong with Mr Davis till about one mile above stairs [?] he called to me and asked me if he should go over the river to flag I replied you must he complained of being very tired and asked me if I would send one of the Boys to flag told him I would I then went out on top the car on leaving the car I saw Mr Davis tried to get out of his chair and started to his bunk I knew from the way he walked he was drinking didnt know it up to that time I then sent another man across the river thought Mr Davis was drinking never went back to the cab any more till this morning Cross Examind Testifies That Mr Davis on going out to flag always complained when he came in of being very tired never has had any fuss with any of the Hands always peaceable have known him to drink a good deal of whiskey never allowed him to carry any on the train.