Cohen Loeb, Sworn In as the 58th Witness for the Defense

COHEN LOEB, sworn for the Defendant.

I was on the car with Mr. Frank going back to town on April 26th after lunch. I caught the car at Georgia Avenue and Washington Street. He caught the car at Glenn and Washington Street which is one block nearer town. That was about 2 o'clock. It was a Washington Street car which goes straight up Washington Street to the Capitol and turns down Hunter. We sat together on the same seat in the car. Mr. Frank got off the car about two or three minutes before I did. He got off in front of the Capitol at about 2:10. The car was blockaded by the crowd which was watching the parade. Mr. Frank went down Hunter Street. There was nothing unusual about him. No marks, or scratches or spots on him. He had on a brown suit and a derby.

CROSS EXAMINATION.

Mr. Frank was sitting next to the window. I know Mr. Hinchey. I did not recognize him as he passed our car in the machine but I recognized his machine. It was going down the street. I recognized it by the dark color. It passed right in front of the car so close as to hit the car and that's what called it to my attention. The top of the machine was up and the sides were open. The car was a dark maroon color and seats from four to seven passengers. I don't know the number of it. I just saw a dark maroon car. I found out afterwards that it was Mr. Hinchey. I only noticed that particular automobile because it ran up in front of the car and the car hit it and nearly turned it over. The accident occurred right at us. There was no jolt to the street car. It was going too slow. They just came together and scraped.