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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.

H J HINCHEY, Sworn In For The State, 59th To Testify

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