H J Hinchey, Sworn In as the 59th Witness for the Defense

H. J. HINCHEY, sworn for the Defendant.

I have known Mr. Frank between four and five years. I am mechanical engineer for the South Atlantic Blow Pipe Co. I saw Mr. Frank on April 26th opposite the main entrance to the Capitol on Washington Street. I was driving an automobile. He was on the street car coming down Washington Street going to town. I saw him but did not speak to him. It was between 2 and 2:15. As to how I knew that was the time after this matter came up I experimented to see just what time it was I saw him on the car, and I have gone over my movements just as I did them on that day, and the first time I experimented I got to the Capitol five minutes past two, and the second time I got there at eight minutes past two, and the third time exactly at two o'clock. I came very near colliding with the car in front of the Capitol, as I drove around in front of the Capitol. This car Mr. Frank was on rolled up in front of me. As I looked up at the car I saw Mr. Frank sitting in the front end of the car.

CROSS EXAMINATION.

I saw him only for a moment. I was too much occupied in trying to get out of the way of cars and vehicles. The crowd was very thick. I have been to see Mr. Frank once in jail. I mentioned to him that I saw him that day. Mr. Frank and I were only business friends. We have had pleasant business transactions and also controversies. I did not go to jail to talk it over with him. I went there because I had been knowing him for five or six years and was interested in him, because he was implicated in the case. We were not personal friends, but have had a great many business dealings with each other and I naturally felt an interest in this matter.