Mr. Crumley said that‘he and his wife bad been out in the country nutting in the afternoon and the tonneau of the automobile standing in the yard was half filled with unhulled walnuts. That night he spent down town on the streets and in the saloons. Shortly after 10:00 o'clock he started home, stopt in at Schmid’s saloon, and drank a glass of beer. He asserts positively that he was not drunk but his later actions seem to indicate that he might have, been. He asserted that he went to his home and found the doors loekt and in -stead of trying to force an entrance or climb thru a window, went away and went over to the Wabash railway track where he sat down and went to sleep. He claims to have remained there until after daylight and not to have returned to the house until after 9:00 o’clock Friday morning.About 10:30 o. m. Arthur Brant and a