IRBY GAINEY SWORN, TESTIFIED: . . . Q. Well, tell the Jury whatyou know. A. Earnest rode from Brooks' filling station with me on the Truck down to Bertha Somers. Coming back to Patrick, got to the forks of the road and he said he wanted to get out. Q. Did he say where he was going? A. He said he was going down to Pudding Griggs' father's; said he told him he would be there when he came in. . . . Q. Tell the Jury in what condition Ernest Tolson was as to being frunk or sober? A. When he left Brooks' he was drinking some, not enough to known if you didn't know it, but when he came back he had a half pint of bar room whiskey. He drank some more and was pretty full when he got out. JIM JORDAN, DULY, SWORN, TESTIFIED: A. Yes, I saw him. Q. Where? A. On the road, lying on the road, . . .I though at first he was dead and I struck a light and didn't recognize him. I caught his arm and found he was breathing and saw who he was, and walked off and left him. We drove around him with a truck. . . . Q. Why didn't you pick him up and get him out of the road? A. Well, I've found that down here it seems to be the general rule that when you try to help anyone out in that condition people say it's none of your business. If I had done anything I might have trouble with him alter. I saw he was resting all right, considering the bed he had. He was lying on the right side of the road. . . .
MARION JOHNSON, DULY SWORN, TESTIFIED: . . . I noticed Ernest and another boy come out of the filling station and walk back of the statio -- I took for granted to take a drink -- from where they were going. Then he had as much as any man needed to drink, but not enough or me to arrest him unless he had been disorderly. . . Later I was called by Edward Tolson and Burdine Polson. They told me that some one had run over Ernest Tolson. Edward spoke and said he did not know weather it was Earnest or not, he was so messed up they could not tell . . .I went to the body and found that it was still breathing. . . I put the man in the car and I rushed him to the hospital, where he was examined and the doctors told me there was not chance for him to live . . . Edward Tolson acknowledged to me that he stuck the body, sad, at the time, that after coming over this hill just before you get to where the body was laying, about ten or twelve steps, that he was so close on it that he could not stop. . .