Oscar Rosoe, being duly sworn, testifies: . . . Q. Were you with J. R. last night? A. Yes, we were together all day yesterday and last night I got off at Elma Huggin's filling station and went over to his mothers and stayed over there a while . . .Q. Where J. R. pretty well under the influence of alcohol? A. He was pretty well intoxicated. We were all high. I don't deny that. . . Q. was he good and drunk when you left him? A. He wasn't drunk. I think when a man is good and drunk he has to lay down. I think when one can walk he isn't good and drunk. Q. He was well under the influence of alcohol? A. Yes, sir, he was pretty high. I don't deny that.
Maxie Gainey . . . the only thing that I know is that I came from Patrick about 9 o'clock and I heard some hallowing in the woods on the other side of the house and I thought it was my brother. My wife said it might be J. R. going hoe singing and hallowing.
Mr. Wade King . . . In you investigation you found where he was struck on the tracks? A. Yes. All indications showed the train was going North . . .