John Stray being 1st duly sworn says on oath as I was pulling out of the cut on the Palmetto R. R. in Chesterfield County I met a colored man who told me there was a drunk man on the tressle. I passed the man who was [illegible] the tressle crawling along I told him it was nearly train time and that he had better come along. He said something which I could not understand. I went on and had gotten across the line into Marlboro County when the train stoped. I did not see the train run over him. I thought the deceased was drunk from his appearance. I saw Sep Lucas on the tressle. He overtook me. He told me he tried to get the man to move off the tracks. I did no come back after the train stopped. The boy who told me the man was drunk was the son of Carter Wilson. He has only one leg.