was no ashes, but the ground had the appearance of having been burned off but there had been a rain since the fire and had washed off the ashes from the ground. And further, that on the morning of March 7 there were no chunks of wood, logs, or stumps smoking or burning in this area as there was across the road and on the Chichester Slough side of this roadway.

Affiant further says that the appearance of the territory from the burning operations in the Chichester Slough side of the cabin would convince anyone that observed it immediately after the fire, that is, on the 7th of March 1937, that the fire spread from the burning operations along the Chichester Slough or Hurricane Creek side of this property, and not from the Warrior River side or the northwest side.

Affiant says that he talked with Mr. Edwards, who was foreman of the job clearing this land along on the Warrior River side of his cabin, as shown in exhibits A and B, and on the Hurricane Creek side, as shown in exhibit C, on the morning of March 7, 1937, at the home of Mr. Humber, and that Mr. Edwards told him that he did not know that affiant's cabin had been destroyed by fire until he told him on this occasion. And further, that Mr. Edwards then said to affiant that he had returned to the burring operations along the Hurricane Creek side of this property and found the fire had broken out and had burned half way up the hill in the direction of affiant's cabin and that he had whipped the fire out and thought he had completely put it out; that he was sorry the cabin was destroyed by the fire. And further, this conversation was had with Mr. Edwards, in the presence of affiant's wife and Mr. R. G. Osborn and his wife, both of Birmingham, Ala.

Sworn and subscribed before me this day of April 1938. [SEAL]

STATE OF ALABAMA,

STATEMENT OF WILLIE SMITH

Jefferson County:

Personally appeared before me the undersigned authority in and for said county in said State, Willie Smith, who being made known to me and who being first duly sworn deposes and says that, he is a resident of Walker County, Ala., and that he is over the age of 21 years.

Affiant further says that he was familiar with the Brinskelle cabin that was located on the banks of Hurricane Creek, and which was destroyed by fire on the afternoon of March 6, 1937. Affiant further says that he was an employee of the Government forces that was cutting and burning brush in clearing the banks of the Warrior River preparing for the raising of the water level on the Warrior River as a result of raising the dam at lock 17; and that for 2 weeks prior to March 6, 1937, he had been employed under Foreman Edwards as a night watchman. That the forces had been clearing and cutting brush and burning said brush on the side of Hurricane Creek which Joe Bell's camp is located, and about 6 days before March 6 the forces crossed Hurricane Creek and cut and piled brush and logs and began the burning operations as soon as they moved over. Affiant further says that he had been engaged as a night watchman, whose duties it was to see that the fires did not spread after the men had completed their day's work. And on the morning of March 6 affiant says his foreman, Mr. Edwards, laid him off and told him that he would discontinue having a night watchman beginning the night of March 6, which was Saturday night. And further, that it was customary for the men to stop work at 11 o'clock on Saturdays, and affiant says he was not present and does not know what hour the men stopped work on Saturday, March 6, 1937. And further, that it was customary for the workmen to leave logs, log heaps, and brush burning on the operation. Affiant further says that on the said Saturday morning his foreman, Mr. Edwards, told him that they would discontinue a watchman on this operation because there was no more danger of the fire spreading and destroying the camps; and at that time, that is, the morning of March 6, the workmen were burning and piling logs on the southeast and east side of the Brinskelle cabin and next to the creek, which was on the Chichester Slough.

Affiant further says that he is familiar with the location of a small whisky still on the northwest side of the Brinskelle cabin; and that on Tuesday and Wednesday before the said Saturday, March 6, when he was laid off, the workmen cut and piled brush and logs and burned them, and that he watched the fires Tuesday

and Wednesday nights in the vicinity of the still. And further, that those fires did not spread up the hill from the river bank, and that the still was not in operation at that time, nor was that still operated any time during that week. And affiant says that no fire spread from that still or from the burning operations on that side of the Brinskelle cabin up the hill and set fire to the Brinskelle cabin. Affiant further says that at the time of the clearing operations the first part of the week in the hollow where the still was located that the workmen burnt out and cleared all underbrush up to the road on the crest of the hill which led to the Brinskelle cabin, which was some three or four hundred feet north of the Brinskelle cabin. Affiant further says that the area around the still going in the direction of the Brinskelle cabin and up hill, that all brush, leaves, and logs were cleaned out for a distance of more than 20 feet, and that it was impossible for any fire to spread from a fire located at the still."

Affiant further says that Mr. Edwards, his foreman, sent for him and reemployed him as a night watchman, beginning Monday, March 8, 1937, and that he reported for duty about 4 o'clock. And affiant says that at that time he went over the territory and to the site where the Brinkskelle cabin had been burned, and he observed the condition of the brush on all sides of said hill. And further, that on the west and north sides of said hill between the clearing operations and the Brinskelle cabin there had been no fire whatsoever; and that there was no evidence of any fire having crossed the road leading to the Brinkskelle cabin north of said cabin; and the only evidence of fire on the west side of said road north of the cabin was the burning which had taken place either Monday or Tuesday of the preceding week and which occurred when he was watching the operations on that side of the hill on said days. And further, that on the south and east sides of said hill there were signs of burning which had occurred on Saturday night and Sunday, and, further, that the stumps and pieces of logs were still smoldering in this area Monday afternoon when affiant reported to work. And, further, that several log heaps were still burning on the west side of the Chichester Slough when he reported for duty.

Affiant further says that there was no watchman on this operation from the time he was laid off Saturday morning until he again went on duty the following Monday afternoon; and that he is informed that the Brinskelle cabin burned Saturday night. Affiant says that during the burning operations on the river prior to the burning that often fire would spread from the burning of log heaps and necessitated much fighting of fire to prevent spreads and that on the night of March 6 he recalls that there was a wind blowing from the south and continued to blow the first part of the night.

WILLIE SMITH.

Sworn to and subscribed to before me this the 29th day of March 1938. [SEAL]

Notary Public.

STATEMENT OF JOE BELL

STATE OF ALABAMA,

County of Jefferson:

Personally appeared before me the undersigned authority in aforesaid State and county, Joe Bell, who being known to me and who being by me first duly sworn, deposes and says: That he is a resident of Jefferson County and is over the age of 21 years.

Affiant further says that he is the owner of Bell's Camp on Hurricane Creek at its junction with Warrior River, and that he is familiar with the location of the cabin owned by R. Brinskelle and Charlie Melcher, which was located across Hurricane Creek from Bell's Camp. and that said cabin which was known as the Brinskelle cabin, was destroyed by fire on the afternoon of March 6, 1937.

The Government forces were burning brush and trees on the bank of Hurricane Creek about 450 feet southeast of the said cabin on the 6th of March, and that Mr. Edwards was the foreman in charge of the men doing the clearing and burning. And the affiant says that on this date he was doing the same kind of work under contract on Valley Creek, along with Douglas Bell, J. W. Hawkins, and Clarence Cargile, and others. And that affiant and three-mentioned men reached Bell's Camp about 4:30 in the afternoon of March 6, and at that time affiant says he observed the log heap burning, and that they continued to burn up through the next day. Affiant further says that the first he knew of the Brinskelle cabin being on fire was when Clarence Cargile called to him and told him that the Brinskelle

cabin was on fire, and that this was just about sundown and about half an hourand that immediately Douglas Bell, J. W. Hawkins, and Clarence Cargile got in a boat and crossed Hurricane Creek to the burning cabin, and further, that the wind was blowing from the south.

Affiant further says that he could see the woods burning on the south and east side of the cabin which was the side where the log heaps were burning, and that there was no fire on the southwest, west, and northwest side of the burning cabin, and that after the cabin had burned the fire spread toward the John L. Crim cabin, and that this fire was put out by the three men that went over to it, and affiant says that in his opinion the fire that destroyed this cabin spread from the log heaps set afire by the Government forces southeast of this said cabin. And further that when the three men came back to Bell's camp, they told the affiant that there was no watchman on the Government burning operations, and that no person came to the destroyed cabin up until 10 o'clock that night, the time they left.

JOE BELL.

Sworn to and subscribed before me this the 4th day of January 1938.
O. M. BARRON, Notary Public.

STATEMENT OF WALTER SMITH

STATE OF ALABAMA,

Jefferson County:

Personally appeared before me the undersigned authority in and for said county in said State, Walter Smith, who being first duly sworn deposes and says that he is a resident of Jefferson County, Ala., and is over 21 years of age.

Affiant further says that he is familiar with Hurricane Creek and its junction with Warrior River, and that Joe Bell's camp is located on the south side of Hurricane Creek, and the Brinskelle cabin on the north side of a high hill. He is also familiar with the site of a small whisky still in a hollow located on the northwest side of the Brinskelle cabin and also the Chichester Slough which is on the southeast side of said cabin. And that he was familiar with the burning operation of the Government forces on the 6th day of March 1937, and the 5 or 6 days preceding said date. And that when the Government forces finished up on the south side of Hurricane Creek they moved over to the north side and began clearing the banks of the river and Hurricane Creek; and that they crossed over to the north side of Hurricane Creek about Monday preceding the burning of the Brinskelle cabin on Saturday, the 6th of March. And the first clearing that was done was around a small whisky still, which took them about 2 days; and at that time Mr. Willie Smith was the night watchman. And on the afternoon of March 6, affiant says that he was at his home which is located about a mile south on the river, and that about dark he left his home and drove in the direction of the Brinskelle cabin going to Johns, and that he saw the fire had gotten out from the Government burning operation and spread over the southeast and east side of the Brinskelle hill; and that the whole side of the hill from the burning operations up to and including the Brinskelle cabin area was afire. And further, that there was no fire at all on the north or west side of the hill, and affiant could see the area where the whisky still was located, and the hollow, and there was no fire whatsoever in the neighborhood of the still or on that side of the hill, or the point leading out from the hollow up to the roadway.

Affiant says that he knows that there was no night watchman on this operation on the night of March 6; that Willie Smith had come by his home on Saturday morning and told him that his foreman, Mr. Edwards, had laid him off and discontinued the job of having a watchman on the burning operation.

Affiant further says that Willie Smith was at his home on Monday morning when an employee of Mr. Edwards came down and told Willie that they wanted to put him pack on the night-watching job, that the Brinskelle cabin had burned Saturday night. And affiant says he knows that Willie Smith continued on the nightwatching job for 2 weeks after the 8th of March while the Government burning operation continued in the area adjoining Hurricane Creek.

WALTER SMITH

Notary Public.

Sworn to and subscribed to before me this the 29th day of March 1938. [SEAL]

STATEMENT OF BUD NARAMORE

STATE OF ALABAMA,

Jefferson County, ss:

Personally appeared before me the undersigned authority in and for said county in said State, Bud Naramore, who being made known to me and who being by me first duly sworn deposes and says that he is a citizen of Walker County, Ala., residing in the neighborhood of Hurricane Creek. And, further, that he is a brother of Amos Naramore, and that he and his brother worked in the Government burning operations in the neighborhood of Hurricane Creek on Warrior River, at Bell's Camp.

Affiant further says that he was familiar with the Brinskelle cabin and the area surrounding it, and that on the first part of the week ending March 6, 1937, he worked in the gang of men engaged in clearing and burning brush on the riverbanks and the creekbanks surrounding the Brinskelle cabin. And, further, that his gang on the first 2 days of the week cleared and burned the area in the neighborhood of the whisky still which was situated on the northwest side of the Brinskelle cabin. And, further, that a fire broke over from this burning operation either Monday or Tuesday afternoon and burned the area up to the roadway on the west side of said road, being the one that runs north from the Brinskelle cabin. And, further, that the fire did not burn the area directly between the Brinskelle cabin and the still, but the area in a northeasterly direction from the still to the roadway; and that said fire did not cross on the east side of the road.

And further, that the last days of the week the crew of men that he and his brother were working with were engaged in cutting, piling, and burning brush and logs in the area around the Chichester Slough, and that during said week ending March 6, that a man by the name of Willie Smith was employed as night watchman. And further, that on Saturday morning, March 6, a Mr. Edwards who had charge of the men, discharged the night watchman, Willie Smith. And further, that at the time he was laid off from work affiant says that there was a large log heap burning in the area of the Chichester Slough, and several other large log heaps were burning in the immediate vicinity, and that the area around the Chichester Slough and up to the Brinskelle cabin was covered with dead foliage, leaves, and brush, and had not been burned.

Affiant further says that Monday morning when he reported for work that the area around Chichester Slough had been burned, and the Brinskelle cabin has been destroyed by fire; that throughout this area there was a number of chunks of wood still smoldering and burning, and stumps were smoking and burning. Affiant further says that he always drove his car down the road leading to the Brinskelle cabin, and that on this Monday morning he observed both sides of the road coming down to the Brinskelle cabin; and that on the west side of this road there was no signs of where a fire had burned since Saturday morning, and the area showed a recent fire was only on the east side, that is, the side next to Chichester Slough. And further, that the area that had been burned on the Monday or Tuesday afternoon from the fire from the heaps around the still showed that it was an old burning, and the burning on the Chichester Slough side of the road showed that it had just been burned. Affiant says that he observed the condition of the still the latter part of the week of March 6, and again the first of the week beginning Monday, March 8, and that the said still was not operated nor was there any evidence of fire around the still during said time. And affiant further says that in his opinion the fire that destroyed the Brinskelle cabin spread from the burnings around the Chichester Slough.

Affiant further says that he observed the burning in the ditch of the Chichester slough Monday morning, and that he, his brother Amos Maramore, and a workman by the name of Bush discussed how the fire spread from the burning and there was evidence of an old rotten log partly covered with dirt running from the log heap out to where the bushes were Saturday morning, that is the edge of the area that had been raked by the workmen. And further, that it is his opinion that fire did spread from this log heap that was burning Saturday morning out to the brush and woods.

Affiant further says that he recalls that there was a strong wind blowing from the south all morning the morning of March 6, and that it was difficult to work on the side of the hill north of the burning on account of the smoke.

BUD NARAMORE.

Sworn to and subscribed before me this the 2d day of April 1938. [SEAL]

Notary Public.

STATE OF ALABAMA,

Jefferson County:

Personally appeared before me, the undersigned authority in and for said county in said State, Amos Naramore, who being made known to me and who being by me first duly sworn, deposes and says that he is a resident citizen of Walker County, Ala., living in the neighborhood of Hurricane Creek, and that he is over 21 years of age.

Affiant further says that he was employed in the Government burning operations during the week ending March 6, 1937, in the vicinity of Bell's Camp at the junction of Hurricane Creek and Warrior River in Jefferson County, Ala., and further, that he recalls that the Brinskelle cabin, which was located on the north side of Hurricane Creek at its junction with Warrior River, was destroyed by fire on Saturday night, March 6, 1937. And further, that on the Monday preceding the Saturday night the Brinskelle cabin was burned that the gang of men engaged in the clearing and burning of the banks of Hurricane Creek and Warrior River began burning and clearing the banks on the north and west side of the Brinskelle cabin, and in the neighborhood of a small whisky still, and that either on Monday or Tuesday afternoon after quitting time the fire broke over from the burning operation in the neighborhood of the still and burned up to the roadway on the top of the hill leading to the Brinskelle cabin and some 300 or 400 feet from the Brinskelle cabin. Affiant says he secured a 5-gallon can from the neighborhood of the still and carried water from the river to the burning and put out chunks of wood and other fires along on the west side of said road and above the still. And further, that this fire did not burn in the area directly between the still and the Brinskelle cabin but in the hollow north of the Brinskelle cabin and between the still and the road. And further, that none of the fire broke across this road and burned any area on the east side of the road.

Affiant further says that the gang of men he was working with then moved to an area on Hurricane Creek south and east of the Brinskelle cabin, and they continued the clearing and piling and burning operations along this bank up through Saturday morning, March 6, at which time affiant says he and his gang of men he was working with quit work about 11 o'clock. And, further that Mr. Bud Naramore, his brother, was working in the same gang and worked the same week that affiant testifies about. And further, that during said week Mr. Willie Smith was the night watchman and that on Saturday morning March 6, Mr. Edwards, the man in charge of the operations, told Mr. Willie Smith in affiant's presence, that he had decided to lay him off, that they did not need a watchman any longer; and that at 11 o'clock, March 6, when affiant and the rest of the men stopped work, there were a number of large log heaps afire in the Chichester Slough and its immediate neighborhood. And affiant further says that he noticed especially the log heaps in the ditch of the Chichester Slough and that he observed a large rotten log running from the burning out to the edge of the clearing, and that this log had rotted and was partly covered with dirt, and that on Monday morning when he, affiant, and the rest reported for work he observed the area around this log heap in the Chichester Slough and the area between Hurricane Creek and the destroyed cabin of Brinskelle, and there was evidence of this fire burning out from the log heap in the Chichester Slough out through the area that had been raked to the leaves and bushes, and the entire area between the log heaps that were burning Saturday morning and the roadway past the Brinskelle cabin had been burned over, and at that time, that is Monday morning, chunks of wood, and stumps were smoldering and burning. And that affiant went over this area and observed the condition of the woods around the site of the Brinskelle cabin, and that the fire had burned along the roadway running north of the cabin only on the east side. And further, that he walked up to the roadway to the point where the fire had burned from the still up to the road on the west side and he observed the condition of this area that had been burned by the fire the first part of the week, and the fire of Saturday night. Affiant further says that there had been a heavy shower of rain the last 2 or 3 days of the week of March 6, and on the said Monday morning after the burning of the Brinskelle cabin that he observed the condition of the area that had been burned and on the west side of the road the white ashes showed evidence of having been washed away on account of the shower of rain, and that around on the east side of said road was smoldering and black, and that the white ashes from the burning of wood was very plain, and showed that there had been no rain on that area since the burning.

Affiant further says that he knows that there were a number of log heaps burning at the time his gang stopped work at 11 o'clock Saturday morning, March 6, and that no watchman was left in charge, and that there was heavy