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Title: Warren Commission (13 of 26): Hearings Vol. XIII (of 15)
Author: Commission, Warren
Language: English
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Internet Archive/American Libraries.)



    INVESTIGATION OF

    THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY

    HEARINGS
    Before the President’s Commission
    on the Assassination
    of President Kennedy

PURSUANT TO EXECUTIVE ORDER 11130, an Executive order creating a
Commission to ascertain, evaluate, and report upon the facts relating
to the assassination of the late President John F. Kennedy and the
subsequent violent death of the man charged with the assassination and
S.J. RES. 137, 88TH CONGRESS, a concurrent resolution conferring upon
the Commission the power to administer oaths and affirmations, examine
witnesses, receive evidence, and issue subpenas


_Volume_ XIII


UNITED STATES GOVERNMENT PRINTING OFFICE

WASHINGTON, D.C.


U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON: 1964

For sale in complete sets by the Superintendent of Documents, U.S.
Government Printing Office Washington, D.C., 20402



    PRESIDENT’S COMMISSION
    ON THE
    ASSASSINATION OF PRESIDENT KENNEDY


    CHIEF JUSTICE EARL WARREN, _Chairman_

    SENATOR RICHARD B. RUSSELL
    SENATOR JOHN SHERMAN COOPER
    REPRESENTATIVE HALE BOGGS
    REPRESENTATIVE GERALD R. FORD
    MR. ALLEN W. DULLES
    MR. JOHN J. McCLOY


    J. LEE RANKIN, _General Counsel_


    _Assistant Counsel_

    FRANCIS W. H. ADAMS
    JOSEPH A. BALL
    DAVID W. BELIN
    WILLIAM T. COLEMAN, Jr.
    MELVIN ARON EISENBERG
    BURT W. GRIFFIN
    LEON D. HUBERT, Jr.
    ALBERT E. JENNER, Jr.
    WESLEY J. LIEBELER
    NORMAN REDLICH
    W. DAVID SLAWSON
    ARLEN SPECTER
    SAMUEL A. STERN
    HOWARD P. WILLENS[A]

[A] Mr. Willens also acted as liaison between the Commission and the
Department of Justice.


    _Staff Members_

    PHILLIP BARSON
    EDWARD A. CONROY
    JOHN HART ELY
    ALFRED GOLDBERG
    MURRAY J. LAULICHT
    ARTHUR MARMOR
    RICHARD M. MOSK
    JOHN J. O’BRIEN
    STUART POLLAK
    ALFREDDA SCOBEY
    CHARLES N. SHAFFER, Jr.

Biographical information on the Commissioners and the staff can be
found in the Commission’s _Report_.



Preface


The testimony of the following witnesses is contained in volume XIII:
L. C. Graves, James Robert Leavelle, L. D. Montgomery, Thomas Donald
McMillon, and Forrest V. Sorrels, who participated in the arrest and
questioning of Jack L. Ruby; Dr. Fred A. Bieberdorf, Frances Cason,
Michael Hardin, and C. E. Hulse, who testified concerning the time at
which Lee Harvey Oswald was shot; Ira Jefferson Beers, Jr., Robert
Leonard Hankal, Robert S. Huffaker, Jr., George R. Phenix, and Jim
Turner, news media personnel who observed the shooting of Oswald;
Harold R. Fuqua, Edward Kelly, Louis McKinzie, Edward E. Pierce,
Alfreadia Riggs, and John Olridge Servance, janitorial employees of the
Dallas Municipal Building who gave testimony relating to the manner
in which Ruby may have entered the building; A. M. Eberhardt, Sidney
Evans, Jr., Bruce Ray Carlin, Karen Bennett Carlin, Doyle E. Lane,
Elnora Pitts, Hal Priddy, Jr., Huey Reeves, Warren E. Richey, Malcolm
R. Slaughter, Vernon S. Smart, John Allison Smith, Jesse M. Strong,
and Ira N. Walker, Jr., all of whom saw Ruby for brief times during
the period November 22–24, 1963, prior to the shooting of Oswald; John
L. Daniels and Theodore Jackson, attendants at parking lots near the
point at which Ruby’s car was parked on November 24, 1963; and Andrew
Armstrong, Jr., Bertha Cheek, and Curtis La Verne Crafard, who were
acquainted with Ruby prior to November 22, 1963.



Contents


                                                      Page
    Preface                                              v

    Testimony of--
      L. C. Graves                                       1
      James Robert Leavelle                             14
      L. D. Montgomery                                  21
      Thomas Donald McMillon                            37
      Forrest V. Sorrels                                55
      Fred A. Bieberdorf                                83
      Frances Cason                                     89
      Michael Hardin                                    94
      C. E. Hulse                                       99
      Ira Jefferson “Jack” Beers, Jr                   102
      Robert Leonard Hankal                            112
      Robert S. Huffaker, Jr                           116
      George R. Phenix                                 123
      Jimmy Turner                                     130
      Harold R. Fuqua                                  141
      Edward Kelly                                     146
      Louis McKinzie                                   147
      Edward E. Pierce                                 156
      Alfreadia Riggs                                  166
      John Olridge Servance                            175
      A. M. Eberhardt                                  181
      Sidney Evans, Jr                                 195
      Bruce Ray Carlin                                 201
      Karen Bennett Carlin                             205
      Doyle E. Lane                                    221
      Elnora Pitts                                     228
      Hal Priddy, Jr                                   239
      Huey Reeves                                      243
      Warren E. Richey                                 255
      Malcolm R. Slaughter                             261
      Vernon S. Smart                                  266
      John Allison Smith                               277
      Jesse M. Strong                                  284
      Ira N. Walker, Jr                                289
      John L. Daniels                                  296
      Theodore Jackson                                 299
      Andrew Armstrong, Jr                             302
      Bertha Cheek                                     382
      Curtis LaVerne Crafard                           402


EXHIBITS INTRODUCED

    Armstrong Exhibit No.:                            Page
      5300-A                                           357
      5300-B                                           357
      5300-C                                           357
      5300-D                                           357
      5300-E                                           357
      5300-F                                           357
      5301-A                                           357
      5301-B                                           357
      5301-C                                           357
      5301-D                                           357
      5301-E                                           357
      5302                                             357
      5303-A                                           357
      5303-B                                           357
      5303-C                                           357
      5303-D                                           357
      5303-E                                           357
      5303-F                                           357
      5303-G                                           357
      5303-H                                           357
      5303-I                                           357
      5303-J                                           357
      5303-K                                           357
      5303-L                                           357
      5303-M                                           357
      5304-A                                           357
      5304-B                                           357
      5305-A                                           357
      5305-B                                           357
      5305-C                                           357
      5305-D                                           357
      5305-E                                           357
      5305-F                                           357
      5305-G                                           357
      5305-H                                           357
      5305-I                                           357
      5305-J                                           357
      5305-K                                           357
      5305-L                                           357
      5305-M                                           357
      5305-N                                           357
      5305-O                                           357
      5305-P                                           357
      5305-Q                                           357
      5305-R                                           357
      5305-S                                           357
      5306-A                                           357
      5306-B                                           357
      5307-A                                           357
      5308                                             375
      5309-A                                           377
      5309-B                                           379
      5310-A                                           380
      5310-B                                           380
      5310-C                                           380
      5310-D                                           380
      5310-E                                           380
      5310-F                                           380
      5310-G                                           380

    Beers Exhibit No.:
      5350                                             103
      5351                                             104
      5352                                             107

    Bieberdorf Exhibit No.:
      5123                                              84
      5124                                              85

    Carlin Exhibit No. 5318                            219

    Cason Exhibit No. 5135                              90

    Cheek Exhibit No.:
      5353                                             392
      5354                                             397

    Eberhardt Exhibit No.:
      5025                                             192
      5026                                             193

    Evans Exhibit No. 5122                             198

    Fuqua Exhibit No. 5134                             145

    Graves Exhibit No.:
      5003-A                                            12
      5003-B                                            12
      5003-C                                            12

    Hankal Exhibit No.:
      5337                                             113
      5338                                             113

    Hardin Exhibit No.:
      5125                                              95
      5126                                              95
      5127                                              95

    Huffaker Exhibit No.:
      5331                                             117
      5332                                             117
      5333                                             120

    Hulse Exhibit No. 5135                              90

    Kelly Exhibit No. 5133                             147

    Lane Exhibit No.:
      5118                                             222
      5119                                             222

    Leavelle Exhibit No.:
      5088                                              15
      5089                                              15
      5090                                              18

    McMillon Exhibit No.:
      5015                                              41
      5016                                              44
      5017                                              47
      5018                                              47
      5019                                              49
      5020                                              55

    Montgomery Exhibit No.:
      5004                                              28
      5005                                              35
      5006                                              35

    Phenix Exhibit No.:
      5328                                             125
      5329                                             125
      5330                                             125

    Pierce Exhibit No. 5132                            162

    Richey Exhibit No. 5316                            259

    Riggs Exhibit No.:
      5128                                             168
      5128-A                                           168
      5129                                             172
      5130                                             174

    Servance Exhibit No. 5131                          176

    Smart Exhibit No.:
      5021                                             267
      5022                                             277
      5023                                             274
      5024                                             276

    Smith Exhibit No. 5317                             283

    Sorrels Exhibit No.:
      1                                                 82
      2-A                                               82
      2-B                                               82
      2-C                                               82
      2-D                                               82
      3-A                                               82
      3-B                                               82
      3-C                                               82

    Strong Exhibit No.:
      5120                                             285
      5121                                             285

    Turner Exhibit No. 5080                            132

    Walker Exhibit No. 5315                            293



Hearings Before the President’s Commission

on the

Assassination of President Kennedy



TESTIMONY OF L. C. GRAVES

The testimony of L. C. Graves was taken at 10:30 a.m., on March 24,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Burt W. Griffin,
assistant counsel of the President’s Commission.


Mr. GRIFFIN. I am a member of the advisory staff of the General Counsel
of the President’s Commission on the Assassination of President
Kennedy. The Commission has been given authority under a congressional
resolution to investigate the facts surrounding the death of President
Kennedy and the killing of Lee Harvey Oswald, and, other related events.

We are interested particularly, in calling you, in the events that
surrounded the death of Lee Harvey Oswald. We are also interested in
everything that you may know and so, you can consider relevant any
question having to do with the complete scope of the investigation.
Now, you have the right to receive, by mail, the notice 3 days in
advance before the taking your testimony, and I want to ask you at this
time whether you waive that notice?

Mr. GRAVES. Yes; I waive that notice.

Mr. GRIFFIN. Now, you also have a right to be present here with an
attorney, and, of course, you are not represented by counsel. If you
would like the opportunity to get an attorney, we’ll afford you that
chance.

Mr. GRAVES. No; I don’t think that is necessary.

Mr. GRIFFIN. Would you state for the record your name?

Mr. GRAVES. My name is L. C. Graves [spelling] G-r-a-v-e-s.

Mr. GRIFFIN. Where do you live, Mr. Graves?

Mr. GRAVES. I live at 7811 Maxwell Avenue, Dallas, Tex.

Mr. GRIFFIN. And where are you employed?

Mr. GRAVES. I am employed with the Dallas Police Department, as a
detective in the homicide and robbery bureau.

Mr. GRIFFIN. How long have you been with the Dallas Police Department?

Mr. GRAVES. 14 years, the 31st day of October last.

Mr. GRIFFIN. Where were you born?

Mr. GRAVES. October 8, 1918, at Camp County.

Mr. GRIFFIN. Texas?

Mr. GRAVES. Texas.

Mr. GRIFFIN. Have you been interviewed by me previous to this
deposition which we are now taking?

Mr. GRAVES. Yes.

Mr. GRIFFIN. Would you state for the record when it was that you and I
talked?

Mr. GRAVES. Oh, approximately 30 minutes ago.

Mr. GRIFFIN. We have been talking almost continuously since that?

Mr. GRAVES. Yes.

Mr. GRIFFIN. All right, now, I will indicate for the record that we
have been discussing the--your experiences from the time President
Kennedy was shot until you arrived for work on Sunday morning, November
24, and I believe you told me while I was interviewing you that
on Sunday morning you drove to work, and that you parked your car
somewhere along the side of the police department building, and it is
your recollection that you walked from the Commerce Street side through
the basement hall that leads to the records room?

Mr. GRAVES. Yes.

Mr. GRIFFIN. Now, I asked you in the interview whether you remember
just--remembered just as you walked down from the Commerce Street--down
the steps to the door which leads into the building, whether as you
got inside the building you noticed the placement of TV cables in
relationship to the engineroom, or that door that goes back down into
the subbasement. Do you have any recollection of how the TV cables were
spread out there?

Mr. GRAVES. Vaguely. I think the cables did go through that door. I
couldn’t be sure.

Mr. GRIFFIN. Which door are you talking about?

Mr. GRAVES. Through the engineroom door.

Mr. GRIFFIN. When you got inside the building, where did you go?

Mr. GRAVES. I went to the homicide and robbery bureau on the third
floor, room 317.

Mr. GRIFFIN. When you got up into the hallway on the third floor, can
you describe the condition of the hallway?

Mr. GRAVES. Well, of course, it was cluttered up with camera equipment
and cables and newspeople, cameramen.

Mr. GRIFFIN. Do you remember when you arrived there on the third floor,
whether the TV cameras were manned?

Mr. GRAVES. Reasonably sure they were. There were men standing around
with earphones on and the light.

Mr. GRIFFIN. Now, do you recall about what time it was that you got up
there to the third floor?

Mr. GRAVES. Approximately 8 o’clock, I think or----

Mr. GRIFFIN. That is in the morning?

Mr. GRAVES. Yes.

Mr. GRIFFIN. What did you do when you got to the homicide bureau?

Mr. GRAVES. Well, I went in, of course, and started answering the
telephones and talking to people that were calling about various things.

Mr. GRIFFIN. Was anybody else there when you arrived?

Mr. GRAVES. Yes; just about everyone, I think, that worked in the
homicide bureau were there.

Mr. GRIFFIN. Who would that be?

Mr. GRAVES. Oh, of course, my partner, L. D. Montgomery----

Mr. GRIFFIN. Montgomery.

Mr. GRAVES. E. R. Beck, C. N. Dhority, J. R. Leavelle, C. W. Brown,
Lieutenant Wells, those are the ones that I remember right now at the
moment.

Mr. GRIFFIN. Do you remember if Captain Fritz was there?

Mr. GRAVES. Well, yes; he was there.

Mr. GRIFFIN. Do you remember whether or not, Lee Oswald was there?

Mr. GRAVES. He wasn’t there when I first got there in the room.

Mr. GRIFFIN. When you got into the room, do you remember talking with
anybody?

Mr. GRAVES. I don’t remember who I talked with first, when I got there.

Mr. GRIFFIN. Do you remember having any conversation with anyone
regardless of who it might have been, after you got up there, shortly
after you arrived?

Mr. GRAVES. Well, the only conversation I recall actually, is when we
were told to bring him down, Oswald down to the captain’s office. Now,
the rest was routine stuff.

Mr. GRIFFIN. How long after you arrived would be your best estimate
that you were told to bring Oswald down to the captain’s office.

Mr. GRAVES. Well, let’s see, we would have a thing to show the exact
time that I signed him out. At somewhere shortly before 10 o’clock,
which would be something over an hour, better part of 2 hours----

Mr. GRIFFIN. In this period from approximately 8 o’clock until shortly
before 10, did you have any conversations about the movement of Lee
Oswald from the city jail to the county jail?

Mr. GRAVES. Well, the captain told us that he would be transferred in a
car.

Mr. GRIFFIN. Captain Fritz told you that?

Mr. GRAVES. Yes; and at first he wanted to talk to him some more, so,
we brought him down to the office so he could be interviewed.

Mr. GRIFFIN. Did Captain Fritz tell you what kind of a car he was going
to be transferred in?

Mr. GRAVES. Yes; we understood it was going to be a regular police car
like we use, plain cars.

Mr. GRIFFIN. How long before you got Oswald down did you get this
information?

Mr. GRAVES. Oh, it couldn’t have been but a few minutes, at least.

Mr. GRIFFIN. Where were you told this?

Mr. GRAVES. In the hallway, or office there.

Mr. GRIFFIN. Do you recall now whether you were in that homicide office
or in the hallway?

Mr. GRAVES. I believe I was in the hallway when I heard it.

Mr. GRIFFIN. How many other officers were standing around at that time?

Mr. GRAVES. Oh, I don’t remember really. Probably two or three or four.

Mr. GRIFFIN. How close was Captain Fritz to you when you heard this?

Mr. GRAVES. As close as you and I are.

Mr. GRIFFIN. We have a table separating us.

Mr. GRAVES. Yes.

Mr. GRIFFIN. 6-foot, about a 6-foot table, isn’t it? Was he talking
only to you, or talking to the other officers?

Mr. GRAVES. Generally to all of us.

Mr. GRIFFIN. Now, at this time, were there newspaper people in the area?

Mr. GRAVES. I don’t believe. At the moment, I don’t believe any newsmen
were in there at the time.

Mr. GRIFFIN. This is not in the hallway?

Mr. GRAVES. No, I mean this little hallway in our bureau--comes from
the front entrance. You know, you have been there.

Mr. GRIFFIN. Yes, I have.

Mr. GRAVES. See, there is a little hallway that comes around----

Mr. GRIFFIN. You are talking about the hallway that, as you open the
door off the third floor hallway?

Mr. GRAVES. No, I am talking about the hallway between the little
office and captain’s office.

Mr. GRIFFIN. For the record, about how far were you from the third
floor hallway when this conversation took place?

Mr. GRAVES. 25 feet, approximately.

Mr. GRIFFIN. And do you remember the other officers who were standing
around at the time?

Mr. GRAVES. Well, Leavelle and Montgomery for sure. I don’t know who
else right now. Beck--Dhority and Beck both could have been in there. I
am not sure about that.

Mr. GRIFFIN. How long did this conversation with Captain Fritz last?

Mr. GRAVES. Just long enough to say that--“We are going to get him down
and talk to him, and get the car ready in the basement.” Told Dhority
and Brown what to do about the cars, also Beck, and so, we went up and
got him and brought him down.

Mr. GRIFFIN. At the time that you were instructed to go up and bring
down Oswald, were Dhority and Brown given instructions by Fritz about
the automobiles?

Mr. GRAVES. I’m going to have to say that I am not sure whether it was
at that moment, or after we brought him down, and I kind of believe
that it was then that they got the cars ready and put them in the
basement, and that at the last minute just before we took him down, we
were instructed to move that car up there to the entrance exit of the
jail office, and I am pretty sure that that is the way that went.

Mr. GRIFFIN. Well, now, just directing your attention to the time that
you were instructed to go up and bring Oswald down for interrogation,
what other conversation do you remember taking place with Fritz?

Mr. GRAVES. Well, that was all that was said to me at that time.

Mr. GRIFFIN. Who went up with you?

Mr. GRAVES. Leavelle and Dhority.

Mr. GRIFFIN. And did you talk with Lee Oswald on your way down?

Mr. GRAVES. No, didn’t say anything to him.

Mr. GRIFFIN. What did you do after you brought Oswald down to the
homicide bureau?

Mr. GRAVES. Brought him in the office with Captain Fritz and the other
people that were in there.

Mr. GRIFFIN. Now, what did you do when you----

Mr. GRAVES. I went back outside and started answering phones, or doing
whatever it was to be done for a while, but I didn’t go back in the
office until just before we were ready to move him.

Mr. GRIFFIN. While you were out there answering telephones and so
forth, did you hear any more about the movement of Oswald to the county
jail?

Mr. GRAVES. Not while I was outside, no.

Mr. GRIFFIN. Did you see Chief Curry come in?

Mr. GRAVES. Yes.

Mr. GRIFFIN. Did he say anything that you heard about the movement of
Oswald?

Mr. GRAVES. Not where I could hear him. He went in the office and
this--presumably discussed something with Captain Fritz. I believe
he made a number of trips there during the time that he was being
interviewed.

Mr. GRIFFIN. Were there any rumors circulating in the homicide bureau
about how Oswald would be transferred?

Mr. GRAVES. Not to my knowledge.

Mr. GRIFFIN. All right. Well, then, when was the next time that you got
any information about moving Lee Oswald?

Mr. GRAVES. Immediately after, just a few minutes before the interview
was completed, I went in the office, and we were instructed that we
were to take him down, and he would be taken in the car.

Mr. GRIFFIN. Who was in the office when you walked in?

Mr. GRAVES. Well, Mr. Sorrels and Mr. Holmes.

Mr. GRIFFIN. Sorrels is from the Secret Service?

Mr. GRAVES. Mr. Holmes is from the Postal Department--I believe it is
the Postal Department, and I can’t think of the other man’s name now.

Mr. GRIFFIN. Man from the FBI?

Mr. GRAVES. Yes; I have that in the little report that I wrote, but
I can’t think of his name right now. It is a simple name, too, but I
can’t think of it.

Mr. GRIFFIN. Was it Hall?

Mr. GRAVES. Who?

Mr. GRIFFIN. Hall?

Mr. GRAVES. No.

Mr. GRIFFIN. Well, that is all right. We can get that.

Mr. GRAVES. It wasn’t him. Oh, let’s see----

Mr. GRIFFIN. Any other police officers in the office?

Mr. GRAVES. Let’s see. Leavelle. I believe Montgomery was in there, too.

Mr. GRIFFIN. Now, what was said when you came in?

Mr. GRAVES. Well, I walked in and asked--last thing I heard was--Oswald
say was that--“Well, people will soon forget that the President was
shot.” And then--Chief Curry, incidentally, was in there at that time,
too, and he was around over behind the desk by Captain Fritz. Between
he and Mr. Sorrels, and something was discussed about an armored car,
but they decided that they would send an armored car on as a decoy,
because it couldn’t get down into the basement.

Mr. GRIFFIN. You had heard a conversation about that?

Mr. GRAVES. I heard that discussed just briefly, the armored car was
there, but----

Mr. GRIFFIN. Well, did you hear the discussion about a decoy?

Mr. GRAVES. Well, Captain Fritz turned back to me and Leavelle, told us
that the armored car would go ahead, and that we would leave out in the
regular car; so, he told Leavelle to handcuff himself to Oswald. Can I
tell you something off the record?

Mr. GRIFFIN. Sure.

(Discussion off the record.)

Mr. GRIFFIN. All right.

Mr. GRAVES. I expect it doesn’t matter. I thought about it later. It
doesn’t mean anything, I don’t suppose, unless it has some sentimental
value to him.

Mr. GRIFFIN. Did you hear Oswald say anything, or any other
conversation with Oswald before you took him down?

Mr. GRAVES. I heard some other conversation, but I am vague on what
it was. Discussion between he and--I wish I could remember that man’s
name. I want to say, “O’Malley.” Seems like it was an Irish name. He
was asking him something about his stay in Russia and some of his
activities down in Mexico and--but just what his answer was, I am vague
on it. He discussed something with him, and I wasn’t paying too much
attention at the time. Some answers that he gave.

Mr. GRIFFIN. Tell us what happened when Oswald went to get something?

Mr. GRAVES. We asked him if he would like to put on something. He just
had on this white T-shirt, see, and asked him if he would like to put
on something. So, when we got these clothes off the rack and started to
give him a light-colored jacket or shirt, and said, “If it is all the
same to you”--said, “I’d rather wear that black sweater.”

Mr. GRIFFIN. Whose black sweater was that?

Mr. GRAVES. Well, his, presumably. So, we let him put it on.

Mr. GRIFFIN. Where were the clothes?

Mr. GRAVES. They were in the captain’s office back there in the back,
and brought them in there so he could pick out something to wear.

Mr. GRIFFIN. Were they all his?

Mr. GRAVES. Yes, yes; they were. Then----

Mr. GRIFFIN. Did you help him put his----

Mr. GRAVES. I assisted him in putting this on. Then, we, of course,
started on out with him. Went on to the elevator, down the hall to what
they call the jail office elevator.

Mr. GRIFFIN. Were you given any instructions as to how you should guard
him?

Mr. GRAVES. As I said, I was--told to hold to the arm and walk close
to him and Montgomery was to walk behind us and Captain Fritz, and
Lieutenant Swain in front of us and that is the way we started out to
the elevator, and out of the elevator door over to the jail office.

Mr. GRIFFIN. Was there any discussion about staying close to Oswald?

Mr. GRAVES. We were instructed to stay close to him; yes.

Mr. GRIFFIN. All right, now, was there any discussion about protecting
Oswald from other people who’d like to get at him?

Mr. GRAVES. Well, to come down and tell us to do that would be
elementary, actually, because, I mean, we just know to do that, and
our captain knows that we know to do that. So, actually, we weren’t
specifically told, “Now, you just watch this man and don’t let anybody
touch him.” Or anything like that. We were told that the way would
be open and nobody would be interfering with us. Wouldn’t be anybody
there. All we would have to do was walk to the car.

Mr. GRIFFIN. Was there any fear that somebody might come right up in
front of him and do something to him?

Mr. GRAVES. We didn’t have any fear of that because as I said, that--we
were told that the security was so that no one would be there but
newsmen and officers.

Mr. GRIFFIN. Now, prior to taking Oswald down to the basement, had you
learned anything about the threatening telephone calls which the police
department had received?

Mr. GRAVES. I had not. At that time I didn’t know that there had been
any threatening calls.

Mr. GRIFFIN. Did you subsequently learn?

Mr. GRAVES. Yes; learned later that the FBI had a call to that effect,
but I learned that our office had had similar calls, too.

Mr. GRIFFIN. What route did you follow when you left Captain Fritz’
office with Oswald?

Mr. GRAVES. Of course, went out our door and turned left, which would
be--south.

Mr. GRIFFIN. Went into the third floor hallway?

Mr. GRAVES. Third floor hallway; yes, sir; and went to a solid door
which leads us into the jail elevator.

Mr. GRIFFIN. As you walked out, were there news people out in the
hallway?

Mr. GRAVES. Yes, lots of them.

Mr. GRIFFIN. Were there TV cameras up in the hallway?

Mr. GRAVES. Yes; all kinds of cameras.

Mr. GRIFFIN. Now, how long a period of time lapsed from the time you
stopped answering the telephone calls until you got out on the third
floor hallway with Oswald?

Mr. GRAVES. Ten or 15 minutes, I guess, approximately.

Mr. GRIFFIN. Now, when you stopped answering the telephone calls to go
into Captain Fritz’ office, were you aware that you were going in there
for the purpose of getting ready to move Oswald out?

Mr. GRAVES. Yes.

Mr. GRIFFIN. How did you become aware of that?

Mr. GRAVES. We were told that we were going to move him.

Mr. GRIFFIN. Who told you that?

Mr. GRAVES. Captain Fritz.

Mr. GRIFFIN. He told you?

Mr. GRAVES. Yes; I don’t know whether he walked out and told me. You
know, in the process, the door was opened and he talked to some of us
at the door and so forth.

Mr. GRIFFIN. Now, prior to the time that you actually went out there in
the hallway with Oswald, did you have any information as to whether the
people who were members of the press were aware that Oswald was about
to be brought out?

Mr. GRAVES. I--it was my understanding they knew that he was to be
transferred at 10 o’clock.

Mr. GRIFFIN. Well, I mean----

Mr. GRAVES. Well, no, no; we--if you mean if we--told them when we were
leaving with him, we didn’t do that. We just walked out with him.

Mr. GRIFFIN. But what about a sharp newsman who was keeping his eyes
and ears open? Could he see through the door? Could he see the activity?

Mr. GRAVES. Could he see the preparation----

Mr. GRIFFIN. For bringing out----

Mr. GRAVES. Yes.

Mr. GRIFFIN. Could one see Oswald putting on his sweater, for example?

Mr. GRAVES. Maybe not that, but he could have seen us pass it over
to him. I believe those blinds were open there on--coming out to the
secretary’s office there. I believe they were. I’m not sure about
that, but if they were open they could have seen from the front door
standing at the hallway at an angle. They could have seen that sweater
or clothes changing hands. I don’t believe where Oswald was standing
he could see him from that angle, but I--like I said, a good, sharp
newsman knowing the activity, he could see and naturally know that
something was fixing to happen.

Mr. GRIFFIN. When you arrived at the elevators on the third floor, was
the elevator there waiting for you?

Mr. GRAVES. I think it was waiting right there for us.

Mr. GRIFFIN. Now, which elevator did you come down in?

Mr. GRAVES. It is called the inside jail elevator, which is used only
for the transfer of prisoners from one floor to the other and basement.

Mr. GRIFFIN. And who went into the elevator with you?

Mr. GRAVES. Well, it was Leavelle, Montgomery, Swain, and Captain Fritz
and myself and, of course, Oswald.

Mr. GRIFFIN. Where was Chief Curry at that time?

Mr. GRAVES. I don’t know. He left just before we did and I don’t know
where he went.

Mr. GRIFFIN. How long would you estimate Chief Curry left before you
people walked out of the homicide bureau with Oswald?

Mr. GRAVES. You know, I couldn’t tell you. I--I--actually, the chief
could have been standing in there somewhere and I wouldn’t know
it--because when we were given the final go to get him ready or get his
sweater on him, I didn’t pay any attention to who else was in there or
what happened. They told me to get him ready and walked out with him.
He could have left a few minutes ahead of us; I don’t know, it would be
a guess, because I really don’t know.

Mr. GRIFFIN. All right. Now, what happened when you got to the basement?

Mr. GRAVES. Well, we got down to the basement. We hesitated on the
elevator until Captain Fritz and Lieutenant Swain stepped out. Then we
followed them around the outside exit door into the hallway which leads
to the ramp and then hesitated there a little bit with Oswald so they
could check out there and see that everything was all right, and when
we got the go ahead sign that everything was all right we walked out
with him.

Mr. GRIFFIN. And how many steps did you take before something happened?

Mr. GRAVES. You mean after we walked out in the hallway?

Mr. GRIFFIN. Yes.

Mr. GRAVES. It is approximately 15 feet from where I was to the jail
house door where we came out into the hallway, roughly 15 feet.

Mr. GRIFFIN. Did you see Jack Ruby move out of the crowd?

Mr. GRAVES. No; I didn’t see Jack Ruby move out of the crowd.

Mr. GRIFFIN. When was the first time that you noticed Jack Ruby?

Mr. GRAVES. I estimated before I saw the film it was a split second
before he pulled that trigger and actually, he was taking a step and
coming down like so [indicating]. I caught him out of the corner of my
eye and I thought that I started reaching for him at that moment, which
the film indicates that I did, which happened quickly, as you know.

Mr. GRIFFIN. Yes.

Mr. GRAVES. Just a matter of simultaneous movement. You just move when
you see something like that.

Mr. GRIFFIN. Did you actually see the gun before you heard it--heard
the shots fired?

Mr. GRAVES. Yes; in fact, that is the first thing I saw coming that
way, and I just started after it, I guess, automatically, nothing else
to do, that I could see.

Mr. GRIFFIN. Did you see how the newsmen were spread out as you walked
out of that hallway?

Mr. GRAVES. I saw how they weren’t spread out. I was under the
impression there wouldn’t be any news media inside that rampway, that
they would be behind that area over there, but they were in the way.

Mr. GRIFFIN. How did you get that impression?

Mr. GRAVES. Well, Chief Curry told Captain Fritz that the security was
taken care of, that there wouldn’t be nobody in that ramp. Anyway,
that cameras would be over behind that rail of that ramp. So, what
we expected to find was our officers along the side there, but we
found newsmen inside that ramp, in fact, in the way of that car. Now,
we--Captain Fritz sent Dhority and Brown and Beck on down to the
basement in plenty of time to get that car up there for us, and when
they got down there and run into mass confusion of pressmen, we almost
backed over some of them to get up there.

Mr. GRIFFIN. Now, after Fritz sent Dhority and Brown down, did they
send word back up to Fritz’ office that everything was ready in the
basement?

Mr. GRAVES. Somebody did. I believe Baker called--Lieutenant Baker
called down from our office to check with the jail downstairs and see
that everything was ready. Somebody gave them the word. I don’t know
whether it was Lieutenant Wiggins or who told them that it was all
right. Everything was in order.

Mr. GRIFFIN. You say you were quite surprised when you saw these news
people?

Mr. GRAVES. I was surprised that they were rubbing my elbow. You know,
if you saw that film, you saw one of them with a mike in his hand. He
actually rubbed my elbow. We were in a slight turn when this thing
happened, and my attention had been called to that car door, and this
joker was standing there with a microphone in his hand, and others
that--I don’t know if they were newsmen--they weren’t officers--had
cameras around their necks and everything.

Mr. GRIFFIN. As you looked up at that line of news people, from
your left over to the TV cameras, how many lines deep is it your
recollection that they were?

Mr. GRAVES. Well, I would say two or three deep until they crossed that
ramp and went down the side. Might not have been more than one deep
there. Might not have been much room, because the car was trying to
come in there. Might have been two deep. I know there was a line of men
there, and how deep I don’t know. I saw through the corner of my eye a
movement over there of men.

Mr. GRIFFIN. As you walked out, did you notice any police officers that
you recognized?

Mr. GRAVES. Oh, yes; I recognized officers standing around the walls
there.

Mr. GRIFFIN. As you walked out, did you see Officer Harrison?

Mr. GRAVES. No; I didn’t see him. Matter of fact, I never did see him
until it was all over. You are talking about “Blackie”?

Mr. GRIFFIN. “Blackie” Harrison; W. J. Harrison.

Mr. GRAVES. I didn’t see him until it was all over.

Mr. GRIFFIN. When you saw Jack come forward with the gun in his hand,
did you hear anybody say anything?

Mr. GRAVES. I heard noise. There was a racing of a motor and noises,
talking going on. As I say, my attention had been directed to that car,
and we had already turned, looked in that direction and something could
have been said, but as I said, I heard noises but just exactly what was
said I wasn’t able to determine.

Mr. GRIFFIN. What do you remember doing when Jack came forward with the
gun?

Mr. GRAVES. I remember going after the gun. Just the moment I saw him,
that is what I actually did, was go for the gun.

Mr. GRIFFIN. And did you wrestle with him? With Jack?

Mr. GRAVES. Yes.

Mr. GRIFFIN. Will you tell us what you remember Jack Ruby doing from
the time you saw him and while you wrestled with him and so forth?

Mr. GRAVES. Well, I grabbed his arm by the wrist with my left hand, and
grabbed right over the gun with my right hand simultaneously.

Mr. GRIFFIN. You grabbed the arm holding the gun?

Mr. GRAVES. Yes; and jerked it down and across my leg and turned my
back to him, and, of course, he was trying to pull back, and was
squeezing on that trigger like so [indicating].

I had his wrist here [indicating], and I could feel it, and I remember
saying, “turn it loose. Turn it loose.” You know, like that.

Mr. GRIFFIN. Now, you are making a motion like you are twisting his arm?

Mr. GRAVES. Yes; I was. See, I had it like this, and I had got that
arm and then twisted that gun like that [indicating], right out of his
hand, see.

Mr. GRIFFIN. Let me indicate for the record that you have shown that
you twisted his arm 180°.

Mr. GRAVES. Until he released it.

Mr. GRIFFIN. Until he released the gun?

Mr. GRAVES. Yes.

Mr. GRIFFIN. How long was it from the time you released--grabbed his
arm until he released the gun?

Mr. GRAVES. Just a matter of seconds.

Mr. GRIFFIN. It was not a long struggle?

Mr. GRAVES. No.

Mr. GRIFFIN. Fairly easy to wrestle the gun away?

Mr. GRAVES. Put it this way. It wasn’t easy because he had a grip on
the gun, but the way I took it, he had to turn it loose. I had his
arm--kind of hard to explain--take your arm and bend it over my leg
like that and twist down on it like that [indicating]. You have got to
give.

Mr. GRIFFIN. You are bending the arm over your leg?

Mr. GRAVES. Yes.

Mr. GRIFFIN. Now, did Jack say anything?

Mr. GRAVES. He didn’t say anything to me. I understand that he said
something, that is, some things to the officer that took him in. I----

Mr. GRIFFIN. I mean, as you were struggling with him?

Mr. GRAVES. No; not to me. I had his arm over and my back to him and,
of course, officers were covering him up, and when I got the gun loose
from him, of course, they snatched him away from me, and by the time I
got straightened up to check that gun and see if the hammer was back or
not, they had already taken him into the jail office.

Mr. GRIFFIN. What did you do there? You were standing there or lying?

Mr. GRAVES. I was standing. I never did go down.

Mr. GRIFFIN. Standing with the gun in your hand, what did you do at
that point?

Mr. GRAVES. Put the gun in my pocket and went on inside the jail office.

Mr. GRIFFIN. When you arrived inside the jail office, where was Ruby?

Mr. GRAVES. Ruby was, I believe, to my right; just to my right, to the
right of the jail office door. Of course, there were men around there
and Oswald was back----

Mr. GRIFFIN. How long did you remain there?

Mr. GRAVES. I didn’t remain with Ruby at all. Just kind of hesitated
and looked over and went on. I believe Montgomery asked me if I got the
gun and I said, “Yes,” and kept on.

Mr. GRIFFIN. Where did you walk?

Mr. GRAVES. Walked back to where Oswald was.

Mr. GRIFFIN. Did you hear him say anything?

Mr. GRAVES. I didn’t hear him say anything.

Mr. GRIFFIN. What did you do when you got back to where Oswald was?

Mr. GRAVES. Stood there and watched the doctor work with him until the
ambulance came.

Mr. GRIFFIN. Then what did you do?

Mr. GRAVES. Well, they put him in the ambulance and I got in the
ambulance with him and went to Parkland Hospital and got off there
and took him right into emergency and worked with him a few minutes.
And got him prepared for the operating room, and, so, we caught the
elevator with him and with the doctors and nurses and went on up to
the second floor, and I changed into one of those scrub uniforms and
crepe-soled shoes and went over to the door of the operating room,
where I stayed until such time as he was pronounced dead.

Mr. GRIFFIN. Outside of the operating room?

Mr. GRAVES. Yes.

Mr. GRIFFIN. As you were standing outside of the operating room, did
you hear discussion about how Ruby got into the building?

Mr. GRAVES. No; I didn’t--an FBI man came up there a little later and
stood with me.

Mr. GRIFFIN. To go back just a minute, you have already told me this
before in an earlier interview, but I want to make this clear for the
record. You knew Ruby before this occasion when you saw him shoot
Oswald?

Mr. GRAVES. I will tell you how I knew Ruby. He opened a joint, a
dancehall down on South Ervay called the Silver Spur something like 10
years ago, approximately. That is where I first knew Jack Ruby existed.
Since that time I have just known about Jack Ruby----

Mr. GRIFFIN. How did you know him down there?

Mr. GRAVES. Well, as a joint operator, you know, when you work in a
uniform that is part of the business, to know who runs places.

Mr. GRIFFIN. What bureau were you in at that time?

Mr. GRAVES. I was in the radio patrol bureau at that time.

Mr. GRIFFIN. I see.

Mr. GRAVES. And later I learned that he opened a place out on Oak Lawn
called The Vegas Club.

Mr. GRIFFIN. Did you see Ruby in the police department over the years
before that?

Mr. GRAVES. I have never in my entire time at that police station seen
Jack Ruby in the police station. Now, it is possible Jack was down
there. I know he has been in jail, but to say that he, like some people
do hang around the police station, I have never seen him do that, and
I have worked all hours. That still doesn’t mean that he couldn’t
have been coming in there. However, with someone that worked opposite
hours to me--and I wouldn’t see him, but during the time that I have
been there I have never seen him hanging around the police station.
You know, speculation is, is that he is a friend of the police and so
forth. He might have done some policeman some favor, I don’t know that
to be true, so, it would be speculating on my part to say that he was.

Mr. GRIFFIN. How long did you remain at Parkland Hospital?

Mr. GRAVES. Oh, I’d hate to say this for the record, not seeing my
report. Until he died. This in the basement happened about 11:10, or
11:19, and we reached Parkland a few minutes after. He was pronounced
dead at 1 something.

Mr. GRIFFIN. I don’t really care about the exact time. We are going to
get the time records and check it out there but what I am trying to
establish is when you learned that he was dead, what did you do?

Mr. GRAVES. Well, of course, we made arrangements to get the
pathologist up there and maintaining guards over him, even during the
time he was in the morgue. We discussed that, and then Clardy and Brown
were charged with that responsibility, and I changed clothes and me and
Leavelle, I believe me and Leavelle came back to city hall with Officer
Burgess.

Mr. GRIFFIN. About what time would you say he got back to the city hall?

Mr. GRAVES. Well, again, I wouldn’t want to say definitely. I think
somewhere around 2:30 or 3:45, somewhere in that vicinity.

Mr. GRIFFIN. Up to the time that you got back to city hall, had you
heard anything about how Ruby might have gotten into the basement?

Mr. GRAVES. No; I hadn’t, sure hadn’t. Of course, everyone was
wondering at that point how it happened and how he got in there, but I
hadn’t heard anything at that point. Hadn’t seen or been around anybody
except those that I went out there with and they didn’t know any more
than I did.

Mr. GRIFFIN. When you got back to the police department, what did you
do?

Mr. GRAVES. I went back to the office, of course.

Mr. GRIFFIN. Homicide bureau?

Mr. GRAVES. Homicide bureau.

Mr. GRIFFIN. Who was there at the time?

Mr. GRAVES. Well, frankly, I don’t remember who all were in the office.
I know Jack Ruby was in Captain Fritz’ office talking with him.

Mr. GRIFFIN. Who else was in Captain Fritz’ office at the time?

Mr. GRAVES. I don’t know, frankly. That window blind was open there and
I could see Jack Ruby, and I could see Captain Fritz and some other
people were in there, but just who, I don’t know.

Mr. GRIFFIN. Now, was Jack Ruby fully clothed at the time?

Mr. GRAVES. I believe they had already put some white clothes on him,
jail clothes, taken his suit off of him.

Mr. GRIFFIN. Now, did you go into Captain Fritz’ office?

Mr. GRAVES. No; I didn’t. I didn’t see Jack Ruby anymore until they
transferred him to the county.

Mr. GRIFFIN. Did you talk to any police officer that day about how Ruby
got into the jail?

Mr. GRAVES. As I say, I just heard rumors going around, and at this
point I don’t really remember who related it to me, but--there was
rumors that he----

Mr. GRIFFIN. Do you remember as you got back there what the first rumor
was that you heard circulating?

Mr. GRAVES. Yes; that he slipped in the basement by a squad car when
they drove out the north ramp.

Mr. GRIFFIN. You heard this when you got back to the----

Mr. GRAVES. Sometime after I got back. Just exactly when, I don’t know,
but that got around shortly after. It could have been 2 or 3 hours
later, I don’t know.

Mr. GRIFFIN. What was the next rumor that you heard?

Mr. GRAVES. Well, I don’t know. I heard that Chief Batchelor and a
couple of the detectives had walked down the ramp and Ruby walked in
with them, and I heard that he probably had a pass.

Mr. GRIFFIN. And----

Mr. GRAVES. Press pass, and he used that on one of the officers at the
door to get in. You can hear everything.

Mr. GRIFFIN. When did you first hear the rumor that he had walked down
the Main Street ramp?

Mr. GRAVES. Well, I can’t remember. Just some time that day after we
got back there from the hospital.

Mr. GRIFFIN. Did you hear it before or after the other rumors that you
are relating?

Mr. GRAVES. That was the first one that I heard, really.

Mr. GRIFFIN. That he walked down the Main Street ramp?

Mr. GRAVES. That he walked down the ramp when that squad car drove out.

Mr. GRIFFIN. And people came out of Captain Fritz’ office, who had been
talking with Ruby, did you hear anything coming out of Captain Fritz’
office as to how Ruby got in?

Mr. GRAVES. No; sure didn’t.

Mr. GRIFFIN. Did you ever learn from any of the detectives who had been
talking to Ruby in Captain Fritz’ office how Ruby got into the jail
basement?

Mr. GRAVES. Well, let’s see. I don’t know who it was, that told me how
he (Ruby) got in. Now, Captain Fritz later told us that he asked Ruby
how he got in there and he told him, I believe it was, at that time
that he would rather not discuss that.

Mr. GRIFFIN. All right. And did Captain Fritz tell you this shortly
after this interview that Fritz was having with Ruby?

Mr. GRAVES. It was some time after the interview. And I don’t remember
exactly when, but it was some time after he had talked with him. Maybe
the second time, I don’t know, but it was some time after he had told
him, and they told----

Mr. GRIFFIN. Now, at the time that Ruby--at the time that you learned
from Fritz that Ruby didn’t want to talk about how he got in this
basement, had you already heard that Ruby came down the ramp?

Mr. GRAVES. Yes.

Mr. GRIFFIN. Had you already heard the other rumors which you have
related?

Mr. GRAVES. Yes.

Mr. GRIFFIN. Did you later hear from Captain Fritz, or any other police
officer that he had talked with Ruby and Ruby had said something about
how he got in----

Mr. GRAVES. I didn’t hear that from Captain Fritz that I know of.

Mr. GRIFFIN. But, from any other police officer?

Mr. GRAVES. Something to the effect that he told somebody how he got in
there, but I never did find out the straight of that. They had started
a full scale investigation in terms of what happened in the basement at
that time. Nobody was telling anybody anything so I just dropped it.

Mr. GRIFFIN. About what time did they----

Mr. GRAVES. I don’t know exactly when they started that, but, they
started trying to find out what happened, and I am sure, immediately.

Mr. GRIFFIN. Did you ever talk with Officer Dean, as far as you can
remember?

Mr. GRAVES. I didn’t discuss it with Officer Dean at all.

Mr. GRIFFIN. Did you ever talk with Officer McMillon?

Mr. GRAVES. No.

Mr. GRIFFIN. Or Officer Clardy?

Mr. GRAVES. Can we go off the record?

Mr. GRIFFIN. Yes.

(Discussion off the record.)

Mr. GRIFFIN. On the record for this. Is there anything that we haven’t
covered in connection with the murder of Lee Oswald, including how Ruby
got into the basement, or things that might shed some light upon Ruby’s
motive or possible associates that he might have had that you could
tell the Commission?

Mr. GRAVES. No, and I wish that there was. Listen, as I said, we have
heard a lot of things but we have never been able to prove anything,
so, again, what I have heard is just speculation, and just talk. I have
heard that he was connected with any number of people. Trying to prove
that--telling us--but there is nothing concrete in terms of evidence
to prove that he was connected with them in any way, so far as I know.
Somebody may know something that I don’t know.

Mr. GRIFFIN. Do you know anything of your own knowledge that you think
might bear light one way or the other?

Mr. GRAVES. No, I don’t; again, like I say, I wish that there was
something, but, of course, I am sure that everybody is like me and
listen to everybody and everything and try to make sense out of this
thing to the best of their ability by checking everything.

Mr. GRIFFIN. I’m going to mark for identification here--we are going to
call this, “Dallas, Tex., Detective Graves, March 24, 1904. Exhibit No.
5003.” And I’m going to mark these pages 5003-A and 5003-B and 5003-C.
Now, these are copies of FBI reports which purport to be interviews
that were had by the FBI agents, with you. Exhibit 5003-A is a report
of an interview on November 24, taken by Special Agent Bookhout and
Agent Rabidoux. Do you remember approximately when these gentlemen
talked with you?

Mr. GRAVES. To the best of my recollection, it was in the evening part
of the day, but just exactly when, I don’t know.

Mr. GRIFFIN. Now, Exhibit 5003-B, and Exhibit 5003-C, consists of one
interview with you by Special Agent Bookhout, Jim Bookhout.

Mr. GRAVES. Yes.

Mr. GRIFFIN. And that was dated on November 24. Do you remember
approximately what time of day that was?

Mr. GRAVES. That was pretty soon after this thing happened, after I
got back from the hospital, so, you can say roughly, I guess, around 3
o’clock, 3 or 4 o’clock. That is just--that is an approximate time. He
was the first one I talked to. There was something in there that I want
to call your attention to, though.

Mr. GRIFFIN. Let me hand these to you and let you examine Exhibits
5003-A, 5003-B and C, and tell us if there is anything in there that
you would want to amplify or correct or change in any manner?

Mr. GRAVES. Let me see. I will have to find it now.

Mr. GRIFFIN. Just take your time.

(Discussion off the record.)

Mr. GRAVES. This right here says, “Captain Fritz was in the lead and
was standing at the edge of the ramp waiting to get into the front seat
of the car,” actually, he was at the rear of that car door, fixing to
open it, if he didn’t already have it open.

Mr. GRIFFIN. What exhibit number are you referring to, sir?

Mr. GRAVES. 5003-B. No; that’s right here. “Graves and Leavelle stopped
momentarily for the car to back up,” that is a bad choice of phrasing
in that situation. We, actually can’t say that we were stopped, we were
still in motion when this thing happened. It was a momentary glance to
the right and a slight turn in that direction, but we were still in
motion.

Mr. GRIFFIN. Did you make this correction as a result of having viewed
the movies, or something that you remember independently of the movies?

Mr. GRAVES. I remembered that later. Of course, I saw it also on the
movies later which verified it, but after I had gotten this thing and
read it over then, I realized that we actually hadn’t stopped.

Mr. GRIFFIN. I recall that I have neglected to administer an oath to
you in the course of this deposition, Mr. Graves. I wonder if you would
raise your right hand. Do you solemnly swear that everything that you
have said here today is the truth, the whole truth and nothing but the
truth?

Mr. GRAVES. I do.

Mr. GRIFFIN. Is there anything more that you have to tell us?

Mr. GRAVES. I can’t think of anything at this time. Except for those
little things, I believe those are basically true and correct.

Mr. GRIFFIN. We certainly appreciate your coming here today.



TESTIMONY OF L. C. GRAVES RESUMED

The testimony of L. C. Graves was taken at 10:55 a.m., on April 17,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is a continuation of the deposition of Mr. L. C.
Graves of the Dallas Police Department.

Mr. Graves, as you know, my name is Leon Hubert, and I am one of the
staff members of the Commission.

Previously, to wit, on March 24, 1964, you gave a deposition through
which Mr. Burt Griffin appeared as a staff member. He cited to you at
that time the authority under which he was acting, and also I think you
took an oath at that time?

Mr. GRAVES. Yes.

Mr. HUBERT. Are you willing to consider this morning’s continuation as
a part of that deposition given on March 24, 1964, in the sense that I
am acting under the same authority and have the same authority as Mr.
Griffin had?

Mr. GRAVES. Yes.

Mr. HUBERT. Are you willing to consider also that you are under the
same oath that you took at the earlier time for this later time?

Mr. GRAVES. Yes.

Mr. HUBERT. And that this is just a continuation?

Mr. GRAVES. That’s right.

Mr. HUBERT. As though it were the next day instead of 3 weeks later?

Mr. GRAVES. Yes.

Mr. HUBERT. The purpose of asking you to come back is to clarify
something which appears on pages 67 and 68 of your deposition on March
24, 1964. At line 17 on page 67, you asked Mr. Griffin as follows:

“Can I tell you something off the record?” And he answered in line
18, “Sure.” Then, the record at line 19 indicates that there was a
discussion off the record. Now, you give an answer between lines 21 and
24 as follows, to wit:

“I expect it doesn’t matter. I thought about it later. It doesn’t
mean anything, I don’t suppose, unless it has some sentimental value
to him.” Now, the next sentence and the next few lines which go over
to page 68, do not seem to refer to the matter which in that quoted
sentence you designated as “having some sentimental value.” Now, I
invite your attention to lines 15 through 22 on page 68 and ask you to
read those lines.

Mr. GRAVES. Starting with Mr. Griffin?

Mr. HUBERT. No; starting with your answer.

Mr. GRAVES. “We asked him----”

Mr. HUBERT. No; don’t read them out loud, just read them to yourself.

Mr. GRAVES. [Read deposition as requested by Counsel Hubert.]

Mr. HUBERT. Now, I ask you if the thought contained in your testimony
at page 68 between lines 15 and 22 does not relate to the matter which
you had characterized as something having a sentimental value to him on
lines 22 thru 24 on page 67?

Mr. GRAVES. That’s what I had reference to.

Mr. HUBERT. Would it be fair to say, then, that there was no more to
the conversation off the record than the subject of something that had
a sentimental value, and that the thing that did have sentimental value
was explained by you in your answer on page 68 between lines 15 and 22?

Mr. GRAVES. Not only would it be fair, but it would be truthful,
because that’s exactly what happened.

Mr. HUBERT. That’s exactly what happened and nothing more?

Mr. GRAVES. And nothing more or nothing less.

Mr. HUBERT. Thank you very much.

Mr. GRAVES. That’s all?

Mr. HUBERT. Yes; that’s all. I hate to bring you down for something
like this, but we had to do it to get it clear.

Mr. GRAVES. That’s all right--that’s all right.



TESTIMONY OF JAMES ROBERT LEAVELLE

The testimony of James Robert Leavelle was taken at 3:30 p.m., on March
25, 1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of James R. Leavelle, with the
Dallas Police Department. Mr. Leavelle, my name is Leon Hubert. I am a
member of the advisory staff of the General Counsel on the President’s
Commission. Under the provisions of the Executive Order 11130, dated
November 29, 1963, and Joint Resolution of Congress No. 137 and the
rules of procedure adopted by the Commission in accordance with the
Executive order and the joint resolution, I have been authorized to
take a sworn deposition from you, Mr. Leavelle. I state to you now
that the general nature of the Commission’s inquiry is to ascertain,
evaluate and report upon the facts relevant to the assassination of
President Kennedy and subsequent violent death of Lee H. Oswald. In
particular to you, Mr. Leavelle, the nature of the inquiry today is to
determine what facts you know about the death of Oswald and any other
pertinent facts you may know about the general inquiry.

Mr. Leavelle, you have appeared today by virtue of a general request
made to Chief Curry by Mr. J. Lee Rankin, the general counsel of the
staff of the President’s Commission, and also, under the rules of the
Commission, you are entitled to a 3-day written notice prior to the
taking of the deposition, but the rules also provide that a witness may
waive this 3-day notice, if he wishes to do so. Now, you have not had
that 3-day notice, and so, I wish to know if you would like to waive
the 3-day notice?

Mr. LEAVELLE. Yes.

Mr. HUBERT. All right, then, would you--I think you said you would
waive that notice, didn’t you?

Mr. LEAVELLE. Yes.

Mr. HUBERT. Would you stand and raise your right hand so that I can
swear you in?

Do you solemnly swear that you will tell the truth, the whole truth and
nothing but the truth, so help you God?

Mr. LEAVELLE. I do.

Mr. HUBERT. Will you please state your full name?

Mr. LEAVELLE. James Robert Leavelle.

Mr. HUBERT. Your age?

Mr. LEAVELLE. Forty----

Mr. HUBERT. Your residence?

Mr. LEAVELLE. Wait. Forty-three.

Mr. HUBERT. Your residence?

Mr. LEAVELLE. 7703 Rilla Avenue, Dallas, Tex.

Mr. HUBERT. What is your occupation, sir?

Mr. LEAVELLE. Police officer.

Mr. HUBERT. Dallas Police Department?

Mr. LEAVELLE. That’s right.

Mr. HUBERT. How long have you been so occupied?

Mr. LEAVELLE. Fourteen years, approximately.

Mr. HUBERT. How long have you held the position you now hold?

Mr. LEAVELLE. About 8 years.

Mr. HUBERT. What is that position?

Mr. LEAVELLE. A detective.

Mr. HUBERT. Any particular part of the department?

Mr. LEAVELLE. I work at the present time in the homicide and robbery
bureau.

Mr. HUBERT. Who is your immediate superior there?

Mr. LEAVELLE. Capt. Will Fritz.

Mr. HUBERT. And who is above him?

Mr. LEAVELLE. Chief Stevenson.

Mr. HUBERT. Who answers, in turn, to Chief Curry?

Mr. LEAVELLE. Yes.

Mr. HUBERT. Now I pass to you two documents which you have read, and
which I now want to identify, by marking them as follows: The first
document, which purports to be a report by FBI Agent Bookhout, of an
interview with you on November 24, I am marking as follows: “Dallas,
Tex., March 25, 1964, Exhibit No. 5088. Deposition of J. R. Leavelle.”
I am signing my name below that, and marking the second page with my
initials, in the lower right-hand corner. The second document I am also
marking, “Dallas, Tex., March 25, 1964. Exhibit 5089, deposition of
J. R. Leavelle,” and signing my name also and placing my initials in
the lower right-hand corner of the second page of that document. The
second document, 5089, purports to be an FBI report of an interview
with you by Special Agents Bramblett and Logan. Now, addressing myself
first to the document which is marked 5088, I will ask you if you have
read that document?

Mr. LEAVELLE. Yes.

Mr. HUBERT. And whether or not it states substantially the truth?

Mr. LEAVELLE. Substantially so.

Mr. HUBERT. Now, did you find any errors in it?

Mr. LEAVELLE. No; I think that is all right.

Mr. HUBERT. Do you wish to delete or add anything to it?

Mr. LEAVELLE. No; let it stand.

Mr. HUBERT. With that, would you, please, sign your name below mine, if
you wish, and initial the second page below my initials. Now, I hand
you the document that I have marked for identification as Exhibit 5089,
and ask you the same questions with respect to that document.

Mr. LEAVELLE. Yes; I think this is the one that had the article in
there about the short interview, if it makes any difference.

Mr. HUBERT. Well, would you point out what paragraph you are talking
about?

Mr. LEAVELLE. Let me see if I can find it here. I am sure it was on
this one rather than the other one. There was one right here on the--on
the one Bookhout took. Now, let me see that again.

Mr. HUBERT. Here.

Mr. LEAVELLE. It is the contents of the last paragraph on the second
page, Mr. Hubert.

Mr. HUBERT. I think you are speaking of the third sentence of the last
paragraph on the second page, a sentence which reads as follows, to
wit: “He was never present while Oswald was being interviewed, nor
was he present while Ruby was being interviewed by the Dallas Police
officers.” I think you wish to comment upon that, do you not?

Mr. LEAVELLE. Correct that to read, “With the exception of possibly 15
minutes prior to the actual transfer began on the 24th.”

Mr. HUBERT. That is to say, after you had been selected as an officer
to whom----

Mr. LEAVELLE. Would handle the transfer.

Mr. HUBERT. You were directed to go to Captain Fritz’ office, and you
did so, is that right?

Mr. LEAVELLE. Of course, I was directed to go there early in the
morning. I have that. What I am referring to, of course, once I got
Oswald out of jail I stayed with him up to the end.

Mr. HUBERT. When did you get him out of jail?

Mr. LEAVELLE. I got him out of jail at, oh, I don’t remember the
exact time, but it was--it was between 9:30 that morning that I was
instructed to go get him by Captain Fritz from the jail, and bring
him to his office, which I did, and I went into his cell and put the
handcuffs on him inside the cell.

Mr. HUBERT. And you brought him down to----

Mr. LEAVELLE. Brought him down, and I remained with him, or in the
office from then on up until the actual transfer took place.

Mr. HUBERT. Well, during that period, was there interviewing going on
only 15 minutes?

Mr. LEAVELLE. Well, I made a note here, “at 9:30,” but I could be in
error on that time. They may have talked--I am sure that my note is in
error here. It would probably be between 10:30 and 11, probably an
hour off of that. However, there is a transfer sign out which would
show the correct time.

Mr. HUBERT. That is what you call a--“tempo”?

Mr. LEAVELLE. The “tempo,” yes, which shows the correct time.

Mr. HUBERT. Anyway, you were with Oswald at all times from the time of
the “tempo,” until he was actually shot?

Mr. LEAVELLE. Yes.

Mr. HUBERT. And any interviewing that happened in that period you were
present at?

Mr. LEAVELLE. Yes, sir.

Mr. HUBERT. So that you want to modify Exhibit 5089, in the sentence
that I read in that respect?

Mr. LEAVELLE. Yes, sir.

Mr. HUBERT. Do you know Jack Ruby, sir?

Mr. LEAVELLE. Yes, I had known him. I have--I had previously stated I
met him back in 1951, or thereabouts, when I was working the area that
his Silver Spur was located in on South Ervay, and became acquainted
with him.

Mr. HUBERT. I understand that some time in 1963, you received an
anonymous call that there was going to be a hijacking of his club. What
does that mean, a “hijacking”?

Mr. LEAVELLE. That means that someone is going to use a pistol and take
the money from the cashier, or whoever had custody of it.

Mr. HUBERT. In other words, a robbery, or burglary?

Mr. LEAVELLE. Armed robbery is what it amounts to.

Mr. HUBERT. So, in order to guard against that, you and a fellow
officer went down to----

Mr. LEAVELLE. Yes.

Mr. HUBERT. Down to the club and stayed there watching for it?

Mr. LEAVELLE. We stayed there until closing time. I think they stopped
the people from coming in, I believe.

Mr. HUBERT. You did not tell Ruby what was going on?

Mr. LEAVELLE. Yes; we told--of course, Ruby was not there. This was the
Carousel Club on Oak Lawn, which was operated by his sister, Eva Grant,
and we told her what the situation was, and she gave us a--use of a
booth near the door where we could get there in the booth and observe
anyone coming in or out.

Mr. HUBERT. That was the Vegas Club on Ervay?

Mr. LEAVELLE. No, sir; on Oak Lawn. That is the Carousel on Commerce
Street.

Mr. HUBERT. The Silver Spur?

Mr. LEAVELLE. The Silver Spur, it has long since been out of existence.

Mr. HUBERT. So, you told his sister what the situation was?

Mr. LEAVELLE. Yes.

Mr. HUBERT. And Ruby came in later?

Mr. LEAVELLE. He came in just about closing time, and she probably had
called him, because he already knew that we were out here. Of course,
I just am assuming she had probably already called him. He didn’t seem
particular perturbed about it at that time.

Mr. HUBERT. Did you recognize Ruby right away when he came out of the
crowd?

Mr. LEAVELLE. I recognized him as someone that I knew, but I was unable
to call his name.

Mr. HUBERT. Just describe in your own words how the whole thing
happened, what you saw from the time you left the jail door?

Mr. LEAVELLE. From the time we left the jail door?

Mr. HUBERT. Yes; push it back a little further. From the time you left
the jail cell.

Mr. LEAVELLE. All right, when we left the jail cell, we proceeded
down to the booking desk there, up to the door leading out into the
basement, and I purposely told Mr. Graves to hold it a minute while
Captain Fritz checked the area outside. I don’t know why I did that,
because we had not made any plans to do so, but I said, “Let’s hold it
a minute and let him see if everything is in order.” Because we had
been given to understand that the car would be across the passageway.

Mr. HUBERT. Of the jail corridor?

Mr. LEAVELLE. And that--and we would have nothing to do but walk
straight from the door, approximately 13 or 14 feet to the car and then
Captain Fritz--when we asked him to give us the high sign on it he
said, “Everything is all set.”

Mr. HUBERT. Did you notice what time it was?

Mr. LEAVELLE. No; I did not. That is the only error that I can see.
The captain should have known that the car was not in the position it
should be, and I was surprised when I walked to the door and the car
was not in the spot it should have been, but I could see it was in
back, and backing into position, but had it been in position where we
were told it would be, that would have eliminated a lot of the area
in which anyone would have access to him, because it would have been
blocked by the car. In fact, if the car had been sitting where we were
told it was going to be, see--it would have been sitting directly upon
the spot where Ruby was standing when he fired the shot.

Mr. HUBERT. Of course, in that case the television cameras would have
been blocked out?

Mr. LEAVELLE. That’s true.

Mr. HUBERT. The car was not pulled back because pulling it back would
block the----

Mr. LEAVELLE. That, I don’t know. Of course, you are--according to
one of my previous reports I earlier suggested to Captain Fritz that
we make the suggestion to the chief that we take him out to the first
floor and put him out at Main Street to a car and proceed to the county
jail that way and leave them waiting in the basement and on Commerce
Street, and we could be to the county jail before anyone knew what was
taking place.

Mr. HUBERT. What time did you make that suggestion, sir?

Mr. LEAVELLE. That was either just before or just after--probably just
after I had gone there and got Oswald and we were talking about the
transfer.

Mr. HUBERT. Who did you make that suggestion to?

Mr. LEAVELLE. I made it to Captain Fritz.

Mr. HUBERT. What answer did you receive from him?

Mr. LEAVELLE. Said he didn’t think the chief would go for it.

Mr. HUBERT. Did he say why?

Mr. LEAVELLE. Because, he said, the chief had given his word to the
press that they would transfer him at a time when they could make
pictures.

Mr. HUBERT. Did you convey that same idea to the chief, himself, or to
anyone other than Fritz?

Mr. LEAVELLE. Other than to Mr. Beck and Brown, Mr. Clardy that was
there--Mr. Graves rather. They probably heard me make the suggestion.
In fact, Mr. Beck made the suggestion at the same time that we could--I
know that he was there, because he made the suggestion at the time,
same time, said well, that we could either--instead of going out the
Commerce Street, in front of all the people lined up, go out the
basement in the opposite direction.

Mr. HUBERT. You mean even if you are going to use the basement, use the
Main Street instead of Commerce Street?

Mr. LEAVELLE. That’s right; and he made that suggestion. Of course,
Chief Curry had already given his word to the newsmen that they would
transfer him and let them get the pictures, and I have just assumed
since that the reason that the car wasn’t in position like it was
supposed to be was so that they could get the pictures, and the reason
for not holding to the schedule previously outlined.

Mr. HUBERT. Have you spoken to the chief about that since?

Mr. LEAVELLE. No; I have not.

Mr. HUBERT. Have you spoken to anybody about it, sir?

Mr. LEAVELLE. No; I haven’t spoke to anyone other than possibly just
some of the officers making a remark, “If he had used my suggestion,
that we would probably have made it.”

Mr. HUBERT. You said that you had reported making that suggestion in
one of the reports that you made?

Mr. LEAVELLE. Yes; I think it is in this one right here, I believe.

Mr. HUBERT. Do you have a copy of that?

Mr. LEAVELLE. Yes--that is another one.

Mr. HUBERT. Off the record.

(Discussion off the record.)

Mr. HUBERT. Well, now, you have made reference to another report
which appears on page 63, Commission’s Document No. 81-A, entitled
“Investigation of the operational security involving the transfer of
Lee Harvey Oswald, November 24, 1963,” prepared by the Dallas Police
Department. I am not going to take that page 63, which is in two parts
of the bound Commission Document 81-A, but I am going to identify it
by marking on it, to-wit, as follows: “Dallas, Texas, March 25, 1964.
Exhibit 5090, deposition of J. R. Leavelle,” signing my name below that
endorsement, and placing my initial on the second page in the lower
right-hand corner. Who prepared this document, 5090?

Mr. LEAVELLE. I prepared it. It was typed by our secretary up here.

Mr. HUBERT. Was it signed by you?

Mr. LEAVELLE. No; it was not--well, wait a minute now. I believe there
was one copy which was, but probably the original that--now, this looks
like a mimeographed----

Mr. HUBERT. Mimeographed or photographed--one of those. Have you read
it?

Mr. LEAVELLE. Yes, sir; I have read it. In fact, here is a copy of it.

Mr. HUBERT. Do you have a copy in your possession right now?

Mr. LEAVELLE. Yes.

Mr. HUBERT. Is it correct?

Mr. LEAVELLE. Yes.

Mr. HUBERT. Now, I notice the fourth paragraph on the first page, when
you state that you had suggested the transfer be via the first floor
of the Main Street door, and that is a recordation of that thought
made--when was this dictated?

Mr. LEAVELLE. When was this dictated?

Mr. HUBERT. Yes.

Mr. LEAVELLE. It was, what you might say, some 2 or 3 days after that,
after the shooting. I don’t recall the exact date.

Mr. HUBERT. Well, would you----

Mr. LEAVELLE. In from 2 or 3 days afterward.

Mr. HUBERT. Would you complete the identification of this document by
placing your signature directly below mine on the first page and your
initials below mine on the second page? Did you state that fact to the
FBI, sir?

Mr. LEAVELLE. I don’t recall whether I did or not.

Mr. HUBERT. I don’t believe it is in either of the other two documents
of the FBI that I have here, 5088, or 5089. Is there any reason why you
didn’t?

Mr. LEAVELLE. Well, to the best of my knowledge it seems as though
I might have made that suggestion, made the reference to that, but
whether whoever was taking it said that they didn’t need it in their
report. I’m sure that’s--now, of course, I can’t swear to this, but
I think that is correct because I know I--I am not able to recall at
this time exactly what the conversation was between myself and the
agent--I--in this, in its entirety, I do know there was one or two
things that I told them about, which they did say that they didn’t
think was necessary for their report, so, they did not put it in there.
Now, whether that was one of them or not, I do not recall.

Mr. HUBERT. On the occasion that you think that you might have stated
that to the FBI agent, was there one agent interviewing you, or two?

Mr. LEAVELLE. I believe at one time the two were interviewing me.

Mr. HUBERT. How many interviews have you had with the FBI?

Mr. LEAVELLE. Twice. Mr. Bookhout was out, and then Mr. Bookhout
interviewed me on the morning after the shooting, I believe. Is that
correct?

Mr. HUBERT. Dated November 24.

Mr. LEAVELLE. Twenty-fourth.

Mr. HUBERT. That would be the day of the shooting?

Mr. LEAVELLE. Yes, that is what I mean, and then the other one was
sometime after or with the two agents?

Mr. HUBERT. And you think it was during the interrogation by the two
agents on December 10, 1963, that you mentioned about your suggestion
that the route should be through the first floor of the Main Street
entrance of the municipal building coming out the Main Street door?

Mr. LEAVELLE. That’s right.

Mr. HUBERT. But, that those agents told you that that was not important?

Mr. LEAVELLE. They didn’t need it for that particular form.

Mr. HUBERT. I see.

Mr. LEAVELLE. To the best of my knowledge, of course, my reason for
double-crossing--my reasons for wanting to handle it the other way,
I thought it would be done quicker and easier and I was fed up to my
chin, in a way, with these news people, and they--as soon as we could
get rid of them the better, was my sentiments, and I didn’t have any
desire to parade through them with the prisoner in tow. However, I can
understand why the chief wanted to let them take the pictures.

Mr. HUBERT. Had it been your decision you wouldn’t have done it that
way, is that it?

Mr. LEAVELLE. Either as I suggested, or at a different hour.

Mr. HUBERT. Say move him in the morning early?

Mr. LEAVELLE. Yes, I brought Ruby down in safety and I don’t think
there was any--as long as it was successful, I don’t think you can
argue with success.

Mr. HUBERT. Did you transfer Ruby?

Mr. LEAVELLE. Yes, I did.

Mr. HUBERT. It was done at an unannounced hour?

Mr. LEAVELLE. Well, sir; it was so unannounced that the chief didn’t
know about it and neither did Sheriff Decker. I don’t know whether they
will admit that or not, but no one knew it but Captain Fritz and myself
and three or four officers directly involved.

Mr. HUBERT. You all just decided to do it, and that was it?

Mr. LEAVELLE. Well, the captain called me and asked me about it and
told me what he was thinking about doing and he wanted to know if I
thought it would work and I said, “Yes, I think it will the way it has
been set up,” and he said, “I haven’t asked the chief about it,” and I
said, “All you can do is get a bawling out, but a bawling out is better
than losing a prisoner.”

Mr. HUBERT. Did you get bawled out about it?

Mr. LEAVELLE. I didn’t. I did not know whether he did or not. I
doubt it. Because I am sure the chief was relieved to be rid of the
responsibility.

Mr. HUBERT. How was Ruby removed, then, just for the record?

Mr. LEAVELLE. Well, this would be on Monday morning, I guess, the
next Monday morning around 11, around the same hour that Oswald was
transferred. The captain had not showed up and I--he called on the
telephone and asked for me and his secretary called me to the phone,
and I was in the squad room where several officers were, and asked
me if I was in a position where I could talk, and I said, “No, not
really,” and he said, “Well--” told me to go into his office and
take the phone in there, which I did, and he said, “I am down at the
Greyhound Bus Station, and I have Officers Graves and Montgomery with
me.”

He had run into them on the street. Said, “We have cased the jail and
it looks clear. I am going to make a suggestion to you, and if you
don’t think it will work I want you to tell me.”

Said--he said, “We’ll pull through the basement of the city hall,”
said, “You go get Ruby out of the jail anyway you want to, on a “tempo”
or whatever you think best, and bring him down to me, down in the
elevator and we’ll pull through the basement at some given time, and
we’ll load him up and whisk him right on down and let another squad
follow us and we will take him right on down to the county jail.”

Said, “The sheriff--I haven’t called Decker or the chief about it,
either.” Said, “Do you think it will work?”

I said, “Yes.” Said, “How many men--got enough there to help you with
him?”

I said, “Yes, there is three or four here I can get.”

“Don’t tell anybody where you are going. Just get them like you are
going after coffee and get downstairs or somewhere and tell them what
you are going to do.”

So, I went into the squad room (Captain Fritz had called) Lieutenant
Wells, and told him not to let the officers out of the office because
he wanted us when he got in there so I just walked out and motioned
to Mr. Brown and Dhority and Mr. Beck and told them to follow me, and
didn’t say a word to anyone, and walked downstairs, and, of course,
they are curious, and when I got downstairs I outlined the deal to
them and told Beck and Brown to get the car--get the other car in the
basement and have it in position to go out, and Dhority and I went up
and got the prisoner and brought him down.

Mr. HUBERT. Brought him down the jail elevator?

Mr. LEAVELLE. Down the jail elevator.

Mr. HUBERT. Were any newsmen down in the station?

Mr. LEAVELLE. Beg your pardon?

Mr. HUBERT. Were there any newsmen down in the basement?

Mr. LEAVELLE. In fact, when I walked out one of the newspapermen asked
me when we were going to transfer Ruby and I said, “Oh, I don’t know.”
And just like that, and walked on.

Mr. HUBERT. You had Ruby with you?

Mr. LEAVELLE. You mean--oh, no; the officers and I walking down. When
we brought Ruby down in the jail elevator, that elevator is never in
view of the public. It is an inside elevator. Never in view of the
public, so, anyway, after talking to the captain, I set my watch with
his and said, “Be there at exactly 11:15.”

So, he set his watch with mine and we brought Ruby down. That is the
reason--I got down there about a minute and a half, 2 minutes early to
the basement and told the lieutenant on duty, told everybody not to
ring for the elevator that we would have it tied up, just held him in
the elevator.

Mr. HUBERT. Kept Ruby in the elevator?

Mr. LEAVELLE. Kept Ruby in the elevator. Mr. Brown standing outside of
the jail office, Mr. Beck had his car, his motor running in the parking
basement, and Mr. Brown was standing there talking to one of the men in
the jail office just as though he was passing the time of day, and he
was to give me the nod as soon as the captain’s car pulled in on the
ramp, which he did.

Mr. HUBERT. Which side did he pull in on?

Mr. LEAVELLE. Just came off the Main Street ramp and parked across the
opening and when he saw him pull in, gave me the high sign and we took
Ruby and told him, I said, “I don’t want to have to push you or shove
you. I want you to move.” Of course, Ruby was scared, so, he almost
outran me to the car. He ran and got in the back seat of the car with
Graves, who was already in the back seat, and Montgomery was driving
and Mr. Beck, Dhority, and Brown got to the other car and followed us.
We proceeded directly to the county jail.

Mr. HUBERT. Up Commerce?

Mr. LEAVELLE. We went up Commerce to the expressway and cut back on the
expressway to Main Street, and came down Main Street to Houston Street
where the jail is located, and around the corner on Houston Street, to
the entrance of the county jail.

Mr. HUBERT. Did you have any trouble with the traffic going down Main
Street?

Mr. LEAVELLE. We caught every light green going down. Didn’t have to
stop.

Mr. HUBERT. Did you have the sirens going?

Mr. LEAVELLE. No, we did not. We drove through there at a good little
step faster than normal, but so happened we caught every light. I don’t
think we even missed a light. When we reached the jail, the officers in
the car behind us bailed out and covered the entrance to the jail, and
we were--had him inside in a matter of 20 seconds, from the time the
car stopped.

Mr. HUBERT. All right, sir. Is there anything else you want to add
about anything we have talked about?

Mr. LEAVELLE. I can’t think of anything else that would be pertinent to
it.

Mr. HUBERT. All right. Thank you. One more thing on this. You have
not been previously interviewed by me, or any other members of the
Commission’s staff, have you, sir?

Mr. LEAVELLE. No, sir; I have not.

Mr. HUBERT. Okay. That’s all.



TESTIMONY OF DETECTIVE L. D. MONTGOMERY

The testimony of Detective L. D. Montgomery was taken at 4 p.m., on
March 24, 1964, in the office of the U.S. attorney, 301 Post Office
Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Burt W.
Griffin, assistant counsel of the President’s Commission.


Mr. GRIFFIN. Before I administer the oath to you, I want to state
for the record, and for your information, what this whole proceeding
is all about, and I will introduce myself for the record. My name
is Burt W. Griffin, and I’m a member of the advisory staff of the
General Counsel’s Office of the President’s Commission to investigate
the assassination of President Kennedy. Now, the Commission consists
of seven men, Chief Justice Warren, Senator Cooper, Senator Russell,
Congressman Ford of Michigan, and Congressman Hale Boggs of Louisiana,
and Allen Dulles, and John McCloy. That is it. And this Commission
has an investigatory staff, and that is us. Now, the Commission was
appointed under what is known as Executive Order 11130, dated November
29, 1963, and also under a joint resolution of Congress, 137, and we
have also prescribed, pursuant to this order and resolution, a set of
rules and procedures which have been adopted by the Commission, and I
have been authorized, pursuant to all those orders to take your sworn
deposition. Now, a letter has been sent to Chief Curry indicating
that I do have this authority to inquire and ascertain and evaluate
and report upon the facts relating to the assassination of President
Kennedy and the subsequent death of Lee Harvey Oswald. In particular to
you, Mr. Montgomery, the nature of the inquiry today is to determine
what facts you know about the death of Oswald, but also to develop any
other pertinent facts that you may know about the general inquiry, but
our central focus in this deposition is going to be on things connected
with Ruby’s killing of Oswald. Now, you have appeared here today on
the basis of a request which was made by the General Counsel of the
Commission. Naturally, under the rules of the Commission you have a
right to receive a 3 days’ written notice prior to the taking of your
deposition. We can be required to send you a letter in writing. Now I
will ask you if, at this point, if you would desire that notice, or if
you are willing to waive the notice?

Mr. MONTGOMERY. Waive it.

Mr. GRIFFIN. Okay. Also, I should tell you that you are entitled to
have an attorney here if you want, and many of the witnesses have
appeared with attorneys, and if you indicate to me that you would
like to have your deposition postponed until you could talk with an
attorney, I will be happy to do that also.

Mr. MONTGOMERY. I don’t know any reason why I would need to consult
with one.

Mr. GRIFFIN. Okay. Do you want to raise your right hand? Do you
solemnly swear that the testimony you are going to give will be the
truth, the whole truth, and nothing but the truth?

Mr. MONTGOMERY. I do.

Mr. GRIFFIN. All right, will you state for the record your full name?

Mr. MONTGOMERY. Leslie Dell [spelling] D-e-l-l Montgomery.

Mr. GRIFFIN. How old are you, Mr. Montgomery?

Mr. MONTGOMERY. 30.

Mr. GRIFFIN. Where do you live?

Mr. MONTGOMERY. 9043 Anaconda, here in Dallas.

Mr. GRIFFIN. What is your occupation?

Mr. MONTGOMERY. Police officer.

Mr. GRIFFIN. How long have you been so employed as a police officer?

Mr. MONTGOMERY. About 9 years.

Mr. GRIFFIN. Do you have a particular rank in the police department?

Mr. MONTGOMERY. Detective.

Mr. GRIFFIN. Are you assigned to a particular bureau?

Mr. MONTGOMERY. Homicide and robbery bureau.

Mr. GRIFFIN. How long have you been a detective?

Mr. MONTGOMERY. 4 years.

Mr. GRIFFIN. How long have you been assigned to homicide and robbery?

Mr. MONTGOMERY. 4 years.

Mr. GRIFFIN. Have you been interviewed by me prior to this deposition?

Mr. MONTGOMERY. That little deal--that earlier?

Mr. GRIFFIN. I talked to you of what? Approximately an hour, hour and a
half ago in my office?

Mr. MONTGOMERY. About an hour ago.

Mr. GRIFFIN. And how long did we talk?

Mr. MONTGOMERY. About 15 or 20 minutes.

Mr. GRIFFIN. Now, have you been interviewed by any other members of the
Commission’s staff?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. How about FBI agents or other Federal agents?

Mr. MONTGOMERY. I have been interviewed by the FBI; yes.

Mr. GRIFFIN. Now, I believe that when you and I were talking in my
office you indicated to me that you worked on Friday and Saturday, and
that in particular on Saturday you left work about 9:30 in the evening?

Mr. MONTGOMERY. That’s right.

Mr. GRIFFIN. Now, I have gone over this with you in the interview, but
so that we have continuity here, I want to start at this point. Prior
to the time that you went home Saturday night, did you hear anything
from a police officer, or bystander or newspaperman or what have you,
with respect to the proposed movement or a proposed movement of Lee
Harvey Oswald to the county jail?

Mr. MONTGOMERY. I don’t recall hearing it; no.

Mr. GRIFFIN. Did you hear any discussion at all or any rumors, or
anything about that?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. All right. Now, what time did you return to work?

Mr. MONTGOMERY. Well, supposed to be there at 8. I was about 10 minutes
late, I guess.

Mr. GRIFFIN. Now, before you arrived at the police department on Sunday
morning----

Mr. MONTGOMERY. Yes.

Mr. GRIFFIN. Did you hear anything about the proposed movement of Lee
Harvey Oswald?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. Didn’t get any telephone calls with respect to it?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. Hear anything over the radio or TV?

Mr. MONTGOMERY. No. [Yes.]

Mr. GRIFFIN. Do you recall now how you got to work that Sunday morning?

Mr. MONTGOMERY. Drove my car.

Mr. GRIFFIN. And did you come in with anybody?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. Do you recall where you parked the car?

Mr. MONTGOMERY. Not offhand, I don’t.

Mr. GRIFFIN. Do you recall entering the building?

Mr. MONTGOMERY. The city hall?

Mr. GRIFFIN. Yes; police department building.

Mr. MONTGOMERY. Yes.

Mr. GRIFFIN. Do you recall what entrance you came through?

Mr. MONTGOMERY. Basement.

Mr. GRIFFIN. Well, there are a number of entrances to the basement.

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. Do you remember which of the entrances to the basement you
came through?

Mr. MONTGOMERY. I was trying to think. The East Commerce Street side,
coming down to the basement area.

Mr. GRIFFIN. Now, there are a set of steps----

Mr. MONTGOMERY. I used the steps, not the ramp.

Mr. GRIFFIN. Now, does that refresh your memory in any way in terms of
where you parked your automobile?

Mr. MONTGOMERY. I parked in the vicinity of our garage over there, on
Young and Central, that is where I always park.

Mr. GRIFFIN. There is a police garage at Young and Central?

Mr. MONTGOMERY. Yes, sir; we usually park on the street out there
around it.

Mr. GRIFFIN. Now, as you walked to work from your car, did you have
occasion to go up Commerce Street?

Mr. MONTGOMERY. I came up Commerce.

Mr. GRIFFIN. Do you recall, as you came to work, whether or not there
were people outside the building or newsmen?

Mr. MONTGOMERY. Yes; at that time I didn’t think much of them out
there, no.

Mr. GRIFFIN. Did you see any vans parked around there, TV vans?

Mr. MONTGOMERY. Had a big old TV bus looking thing out there.

Mr. GRIFFIN. Do you recall where it was parked?

Mr. MONTGOMERY. It was on Harwood, between Commerce and Main. That
would be the east side of Commerce.

Mr. GRIFFIN. I am a little lost on the east side. You mean the east
side of Harwood?

Mr. MONTGOMERY. I’m sorry. I meant Harwood. Did I say Commerce?

Mr. GRIFFIN. Yes.

Mr. MONTGOMERY. East side of Harwood there.

Mr. GRIFFIN. Did you walk up Harwood part way?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. How did you happen to see that on the east side of Harwood?

Mr. MONTGOMERY. Of course, you can see the thing sticking out there,
right there in the intersection I guess, about 15-foot from the
Commerce curb line there.

And, of course, it had been there for 2 or 3 days prior to that.

Mr. GRIFFIN. Do you know what TV station that van was?

Mr. MONTGOMERY. No, I don’t for sure. I can make a wild guess, but it
wouldn’t be any good.

Mr. GRIFFIN. Well, are you familiar with a Bell Telephone Co. van that
was located on Harwood Street?

Mr. MONTGOMERY. No. I--at different times there was a couple of them
there. I didn’t pay that much attention to them, what stations they was
with, or anything like that.

Mr. GRIFFIN. When you walked down those steps, do you remember anything
about whether there were any TV cables?

Mr. MONTGOMERY. There was cables there; yes.

Mr. GRIFFIN. Now, you know, there are three or four doors. As you get
down to the bottom of the steps one goes into the hallway that leads
into the records room, the other one, which almost faces that door
and actually faces--leads towards Commerce Street, goes down into
a subbasement, and then there is a third door which leads into the
engineroom, and that third door is off to the right as you walk down
the steps. Are you familiar with those three doors?

Mr. MONTGOMERY. I knew there was one that went down to the engineroom
and one that goes to the city hall. I don’t recall the other being
there. There very well could be. I just haven’t paid much attention.

Mr. GRIFFIN. As you walked in did you notice whether there were any TV
lines?

Mr. MONTGOMERY. Lines?

Mr. GRIFFIN. Cables?

Mr. MONTGOMERY. There were some cables there. I just don’t----

Mr. GRIFFIN. Do you remember the door, or the door they were strung to?

Mr. MONTGOMERY. Go to the city hall, there is a double door that goes
into the city hall----

Mr. GRIFFIN. That is the one that goes in that hallway?

Mr. MONTGOMERY. Yes.

Mr. GRIFFIN. How about the engineroom door?

Mr. MONTGOMERY. I didn’t pay that much attention to it to say yea or
nay.

Mr. GRIFFIN. When you walked in there, where did you go when you got
into the hallway?

Mr. MONTGOMERY. Just went to the elevator.

Mr. GRIFFIN. That’s right by the record----

Mr. MONTGOMERY. Yes, sir.

Mr. GRIFFIN. Did you see anybody that you knew in the area of the
basement, other than police officers?

Mr. MONTGOMERY. Anybody I knew?

Mr. GRIFFIN. Yes.

Mr. MONTGOMERY. Other than police, I think just several civilians
behind the desk over there, just the records clerk.

Mr. GRIFFIN. From there did you go to the homicide bureau?

Mr. MONTGOMERY. Yes, sir.

Mr. GRIFFIN. What time do you estimate you arrived at the homicide
bureau?

Mr. MONTGOMERY. Probably about 10 after 8 when I got there.

Mr. GRIFFIN. Who was there when you arrived?

Mr. MONTGOMERY. Oh, Captain Fritz and Dhority, Leavelle and Graves, and
I believe Mr. Beck and Brown was there.

Mr. GRIFFIN. All right; did you talk to any of them when you came in?

Mr. MONTGOMERY. Oh, I’m sure I passed the time of day with them.

Mr. GRIFFIN. Do you remember anything about any conversation you might
have had with them?

Mr. MONTGOMERY. No; nothing outstanding.

Mr. GRIFFIN. What did you do when you arrived there? What sort of work
did you start to do when you arrived at the homicide bureau?

Mr. MONTGOMERY. As soon as I walked in they walked out for coffee.

Mr. GRIFFIN. And you went out for coffee with them?

Mr. MONTGOMERY. No; I stayed there. Of course, I had just gotten there,
so, I stayed and answered the telephones while they went out and had
coffee.

Mr. GRIFFIN. How long did you continue to answer the phone?

Mr. MONTGOMERY. Of course when they went and drank coffee and came
right back; I guess for probably 30 minutes.

Mr. GRIFFIN. What did you do when they got back?

Mr. MONTGOMERY. When they got back, of course, captain told us at that
time that he was going to transfer Oswald later on and I think he said
about 10, or something like that; so he sent two of the officers out to
get Oswald and bring him down. Wanted to talk to him. I was trying to
remember what two went up after him. Anyway, two of them went up and
brought him down. I don’t remember which two it was.

Mr. GRIFFIN. When Fritz came out and talked about this, where were you
standing?

Mr. MONTGOMERY. What’s that?

Mr. GRIFFIN. When he sent these two men up.

Mr. MONTGOMERY. Yes; told them to go up and get him.

Mr. GRIFFIN. Where were you standing?

Mr. MONTGOMERY. Just outside of the office door.

Mr. GRIFFIN. And Fritz was outside of the office door?

Mr. MONTGOMERY. Stepped up to the door there.

Mr. GRIFFIN. Did he give you any instructions?

Mr. MONTGOMERY. No; didn’t tell me anything in particular right then.

Mr. GRIFFIN. What is your estimate of what time that was?

Mr. MONTGOMERY. Let’s see, approximately around 9 o’clock, somewhere
around 9.

Mr. GRIFFIN. When, between the time you arrived and the time Fritz came
out, did you talk with anybody about the possible movement of Oswald to
the county jail?

Mr. MONTGOMERY. I was trying to think. No--let’s see, I don’t believe I
did.

Mr. GRIFFIN. Was there any conversation in the office during that
period?

Mr. MONTGOMERY. While they were gone out?

Mr. GRIFFIN. While you were there, conversation that you didn’t
participate in, necessarily, but other people were talking about the
movement of Oswald to the county jail?

Mr. MONTGOMERY. No, sir.

Mr. GRIFFIN. Prior to the time that Fritz asked that these two officers
bring Oswald downstairs, had you heard anything about the movement of
Oswald?

Mr. MONTGOMERY. I think right before they told them to go up, said, “We
are going to transfer him here around 10 o’clock.” I think is what he
said, and that is when he sent a couple of officers to, you know, to
get him and bring him down.

Mr. GRIFFIN. What was your understanding as to what was going to be
done when Oswald was brought down?

Mr. MONTGOMERY. Going to talk to him a little bit and transfer him, you
know, down to the county.

Mr. GRIFFIN. Up to this time, had you heard anything about a threat
that may have been made in connection with his transfer?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. Did you hear anything up to that point about how he was
going to be moved?

Mr. MONTGOMERY. No; huh-uh.

Mr. GRIFFIN. Did you learn anything about what route might be used?

Mr. MONTGOMERY. No; up until the captain talked to us; no.

Mr. GRIFFIN. Do you remember anything else the captain told you at that
time other than that they were going to bring him down and get him
ready to move?

Mr. MONTGOMERY. No; said we was going to transfer him is all.

Mr. GRIFFIN. What did you do while these two officers were bringing
Oswald down to Fritz’ office?

Mr. MONTGOMERY. I didn’t do anything outstanding. Must have been just
answer the telephone.

Mr. GRIFFIN. Now, were the telephone calls that you were getting the
same kind of calls that you had been getting?

Mr. MONTGOMERY. Yes.

Mr. GRIFFIN. Any useful information come out of these calls?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. What did you do after Oswald was brought down and while he
was in Fritz’ office?

Mr. MONTGOMERY. Well, when they brought him down we stepped into this
office there and there was a--I was standing up there listening to the
interview----

Mr. GRIFFIN. Did you remain in Fritz’ office while he interviewed
Oswald?

Mr. MONTGOMERY. Yes.

Mr. GRIFFIN. Who was in Fritz’ office at that time?

Mr. MONTGOMERY. At that time, there was, of course, Captain Fritz, and
there was Oswald, and I was there, Leavelle was there and Graves.

Mr. GRIFFIN. Was he in Fritz’ office?

Mr. MONTGOMERY. Sir?

Mr. GRIFFIN. Was Graves in Fritz’ office?

Mr. MONTGOMERY. Uh-huh; I believe, Dhority, I believe Dhority was in
there. I am not sure, but Dhority was another one of our officers. I
believe he was in there and, of course, he had Inspector Holmes.

Mr. GRIFFIN. Is he the postal inspector?

Mr. MONTGOMERY. Yes. Inspector Holmes, and I forget the man’s name
for--from the Secret Service.

Mr. GRIFFIN. Mr. Sorrels?

Mr. MONTGOMERY. Mr. Sorrels was there, yes; and a--one other man
name--was what--who was that----

Mr. GRIFFIN. Were there any FBI agents there?

Mr. MONTGOMERY. I was trying to think if Mr. Bookhout was there, but I
can’t remember if he was inside.

Mr. GRIFFIN. Do you remember about what Oswald said and what was said
to Oswald during that period?

Mr. MONTGOMERY. I remember they asked him why he shot the President,
and, of course, he said he didn’t do it.

Mr. GRIFFIN. Uh-huh.

Mr. MONTGOMERY. And, I don’t recall the exact questions. Just asked him
several questions there.

Mr. GRIFFIN. How long did this questioning last?

Mr. MONTGOMERY. Seemed like it was about 25 minutes or an hour that he
was in there.

Mr. GRIFFIN. All right.

Mr. MONTGOMERY. Captain Fritz, you know, asking him questions, and he
would ask Inspector Holmes or Mr. Sorrels if they would like to ask him
a question, and, of course, they would ask him one.

Mr. GRIFFIN. Had you been present at any of the earlier interrogations
of Oswald?

Mr. MONTGOMERY. No; I wasn’t.

Mr. GRIFFIN. Why was it you happened to be present at this interview?

Mr. MONTGOMERY. I think I just got lost in the office. I was in there
talking to the captain when they brought Oswald in, and, of course, the
captain said, shut the door there, and some of the officers shut the
door.

Mr. GRIFFIN. What did you happen to be talking to Fritz about?

Mr. MONTGOMERY. I don’t recall. I know I was in his office when they
brought Oswald down there.

Mr. GRIFFIN. You were there for the entire period of the interrogation
of Oswald?

Mr. MONTGOMERY. That morning; yes, sir.

Mr. GRIFFIN. Do you remember during that period anybody coming into the
office with respect to the movement of Oswald down to the county jail?

Mr. MONTGOMERY. The chief came in.

Mr. GRIFFIN. How many times do you recall the chief coming in?

Mr. MONTGOMERY. Just recall one time.

Mr. GRIFFIN. How long before the end of the interrogation was it?

Mr. MONTGOMERY. I imagine it was about--well, it was right there at the
end, you know, when they was still talking, and the chief came in and
wanted to know if we were ready to move him.

Mr. GRIFFIN. Did you hear Chief Curry say anything about the movement?

Mr. MONTGOMERY. No; I didn’t hear the chief say anything, because
he was talking to the captain, and when the chief and the captain
talk--they were kind of talking low, and I wasn’t straining my ears to
hear, because I know if there was anything they wanted me to do, I know
they would tell me.

Mr. GRIFFIN. How big a room is that?

Mr. MONTGOMERY. Not very big.

Mr. GRIFFIN. After this was over, did you hear anything?

Mr. MONTGOMERY. Of course, captain told us what we were going to do.

Mr. GRIFFIN. Where did he tell you what to do?

Mr. MONTGOMERY. In the office there.

Mr. GRIFFIN. Was Oswald there?

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. What did he tell you?

Mr. MONTGOMERY. He told us we was going to, you know, transfer him to
the county jail.

Mr. GRIFFIN. Did he tell you how you were going to go?

Mr. MONTGOMERY. Told us we were going to use his car, the captain’s
car. Said he had an armored car down there, but they wasn’t going to
use it.

Mr. GRIFFIN. Did he tell you why he wasn’t going to use it?

Mr. MONTGOMERY. I think he said it was too big and bulky.

Mr. GRIFFIN. Did he tell you what route you were going to take?

Mr. MONTGOMERY. Going to leave the basement, Commerce, Central, right
straight up Main.

Mr. GRIFFIN. Were you aware of an earlier plan to take him by way of
Elm Street rather than Main?

Mr. MONTGOMERY. He said that the armored car was supposed to go up Elm
Street and act as a decoy.

Mr. GRIFFIN. What else did he tell you about how he was going to be
moved?

Mr. MONTGOMERY. Of course, he said, no; he wanted Graves on one side
and Leavelle on the other, and wanted Leavelle to handcuff himself to
Oswald there so he wouldn’t get away, and said, “I’ll lead the way
out.” And told me, said, “I want you to follow behind Oswald,” which I
did.

Mr. GRIFFIN. Did he tell you what you were supposed to do?

Mr. MONTGOMERY. Huh?

Mr. GRIFFIN. Did he tell you what you were supposed to do?

Mr. MONTGOMERY. Make sure he didn’t get away.

Mr. GRIFFIN. Was there some concern that Oswald might try to get away?
Was this actually discussed, the possibility that Oswald might try to
escape?

Mr. MONTGOMERY. I don’t know that there was anything actually discussed
about him trying to get away. No.

Mr. GRIFFIN. But you have the feeling that he might try to break away?

Mr. MONTGOMERY. No; I didn’t have a feeling that he would try, but he
just said to stay there with him and make sure he doesn’t.

Mr. GRIFFIN. Well, did you feel that your reason, your primary reason
for being behind him was to prevent him from getting away rather than
to prevent somebody from getting to him?

Mr. MONTGOMERY. Keep him from getting away.

Mr. GRIFFIN. Did anybody explain to you before you went downstairs what
the press setup was going to be in the basement?

Mr. MONTGOMERY. Well, they explained to me--no; because they told me
what I was supposed to do, and that is all. They didn’t say anything
about the press. I heard the captain say that the big cameras was
supposed to be back behind the rail there.

Mr. GRIFFIN. Did you hear anything said about where news personnel was
supposed to be?

Mr. MONTGOMERY. No; I remember they said the news media were down
there. No one was down there except news media and officers.

Mr. GRIFFIN. Now, do you remember any preparation that you made up in
the office to take Oswald down to the basement?

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. Tell us about that.

Mr. MONTGOMERY. Well, he put on a black sweater. I think he changed
shirts, changed shirts, and put on a black sweater. The captain asked
him about something, if he wanted to wear a hat, and he said, “No.”
And, of course, they handcuffed him and handcuffed Leavelle to him.
Now, other than that that is all I remember about it.

Mr. GRIFFIN. Now, as you walked out of the homicide office you went
into the hallway on the third floor?

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. And there were news people out there, or were there?

Mr. MONTGOMERY. I don’t recall seeing any out there.

Mr. GRIFFIN. Uh-huh. How about TV people? Do you recall seeing any TV
people in the hallway?

Mr. MONTGOMERY. Didn’t see any there.

Mr. GRIFFIN. All right. You got in the hallway, then did you turn left?

Mr. MONTGOMERY. Turned left; yes.

Mr. GRIFFIN. And you went to the area where it is sort of a foyer near
the public elevators?

Mr. MONTGOMERY. No; a prisoner elevator we went down on.

Mr. GRIFFIN. You walked down the hallway to the left, and then you
turned----

Mr. MONTGOMERY. Went inside the jail elevator door.

Mr. GRIFFIN. I see.

Mr. MONTGOMERY. That is only, I guess, about--I guess about 20 foot
from the homicide office to that door, or something like that.

Mr. GRIFFIN. Did you have to wait for the elevator?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. What did you do?

Mr. MONTGOMERY. I unlocked the door and go inside and locked the door
behind you and--on that particular occasion, I believe the elevator was
waiting on us.

Mr. GRIFFIN. What happened when you got down in the basement?

Mr. MONTGOMERY. Well, we got off the elevator and walked around in
front of the booking desk there. You want me to show you?

Mr. GRIFFIN. Let me get a--I’m going to mark this “Dallas, Texas,
March 24, Detective L. D. Montgomery’s deposition. March 24, 1964,
Exhibit 5004.” Now, I want to show you what has been marked as Exhibit
5004, which is a diagram of the basement area of the Police and Courts
Building. Would you want to explain to us what you did there? Let me
give you this pen.

Mr. MONTGOMERY. This is, of course--it shows the jail elevator. This is
the elevator we came down on.

Mr. GRIFFIN. Came down in the jail elevator.

Mr. MONTGOMERY. Uh-huh, and of course, we came on the elevator here and
I was of the first out of the elevator, because I was last, one of the
last on, so, of course, I just stepped back here to the back and waited
for all of them to get out, and when they got out I took my position
right in behind Oswald. Of course, we came around to the left here
[indicating]. Around to this door here [indicating]. Out--went out into
the----

Mr. GRIFFIN. Now, let me state for the record that you are indicating
on the map that you walked around in front of the counter of the jail
office.

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. To the jail office doors which lead to the hallway just
before you get to the ramps in the basement.

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. Okay; what happened when you got to that door?

Mr. MONTGOMERY. When we got to the door, Captain Fritz told us to stop.
He was going to check one more time the security.

Mr. GRIFFIN. Let me interrupt you here. Before you left the homicide
bureau, did anybody notify you that the area was secured?

Mr. MONTGOMERY. The chief--well, they didn’t notify--Captain Fritz told
me that--told all of us that he had been advised that it was secure
down there and they was ready for us to come down.

Mr. GRIFFIN. Did he tell you who told him that?

Mr. MONTGOMERY. No; he didn’t say for sure.

Mr. GRIFFIN. Where was Chief Curry at the time that you people got that
notice up in the homicide bureau, if you know?

Mr. MONTGOMERY. Now, I don’t know whether--where he was at. He left
there. He left our office.

Mr. GRIFFIN. How long before you got that notice did Chief Curry leave?

Mr. MONTGOMERY. How long before we got the notice did he leave?

Mr. GRIFFIN. Yes.

Mr. MONTGOMERY. Oh, I would say probably 5 or 10 minutes, because I
know after he left they went ahead and put the sweater and shirt on
Oswald and handcuffed him and everything, so, I imagine at least 5 or
10 minutes.

Mr. GRIFFIN. When you approached the jail office door, what happened?

Mr. MONTGOMERY. Captain Fritz stepped out into this door leading out to
the ramp, and, of course, I didn’t--I could not hear who he was talking
to or what he said, but just stepped back and told us, “Come on.”

Mr. GRIFFIN. And then what happened?

Mr. MONTGOMERY. Then we walked out the door there to--well, walked
out to where--well, where the shooting happened, and we had to stop,
because our car wasn’t in position.

Mr. GRIFFIN. Did you actually stop or did you slow up?

Mr. MONTGOMERY. No--well, we may have just slowed up, I guess. We just
slowed up because it was only things like just there a second.

Mr. GRIFFIN. Now, as you slowed up, did you get a look at the news
media?

Mr. MONTGOMERY. Didn’t get much of a look at anything.

Mr. GRIFFIN. Were you able to tell where the TV cameras were located?

Mr. MONTGOMERY. I assume they were over here, because all you could see
was a glare of lights. You couldn’t see anything.

Mr. GRIFFIN. Now, over to your left as the Main Street ramp comes down,
were you able to tell how many rows deep the newspaper people were?

Mr. MONTGOMERY. No; I couldn’t tell about how many rows there were.

Mr. GRIFFIN. All right; now, what happened after you slowed up?

Mr. MONTGOMERY. Well, can I back up here just a second.

Mr. GRIFFIN. Yes.

Mr. MONTGOMERY. Coming out this door here--[indicating] evidently
several news media over in this area here [indicating].

Mr. GRIFFIN. Now, you are pointing to the area on the map----

Mr. MONTGOMERY. Be the north wall here [indicating]----

Mr. GRIFFIN. Would you place “X’s” on the map where you think you saw
newspaper people.

Mr. MONTGOMERY. Looked to me all along right in here [indicating]
because as soon as we came out this door, well, the--this bunch here
just moved in on us.

Mr. GRIFFIN. I see. You want to--will you put those “X’s”? You want to
make a little note, “Newspapermen,” or “news”----

Mr. MONTGOMERY. Like I say, they moved in towards us and had those
long-looking microphones and cramming them over there in Oswald’s face.

Mr. GRIFFIN. Were there any police officers at the point where you have
marked those “X’s”, holding them back?

Mr. MONTGOMERY. It could have been. I didn’t recognize them. Very well
could have been.

Mr. GRIFFIN. Go ahead.

Mr. MONTGOMERY. Like I say, we came out there. They crammed those
mikes over there, and we had to slow up for just a second, because
they was backing this car into position. It was supposed to have been
in position when we got there, but it wasn’t there, so, we had to
pause, or slow down for the car to come on back. And, of course, this
pause there--Captain Fritz opened the door of the car. He walked up to
the door there. I don’t say he opened the door or not. I didn’t see
him open the door. He just walked up to it and then I saw a blur or
something and I couldn’t tell what it was. I couldn’t tell, and I heard
what sounded like a shot.

Mr. GRIFFIN. And----

Mr. MONTGOMERY. And then----

Mr. GRIFFIN. Did you hear anybody say anything?

Mr. MONTGOMERY. There was--just fixing to say there was just kind of a
roar, you know, people hollering and everything.

Mr. GRIFFIN. Before you heard this shot, did you hear anybody say
anything?

Mr. MONTGOMERY. All these newspaper reporters were hollering, “Why did
you shoot the President?” And all that stuff.

Mr. GRIFFIN. Off the record.

(Discussion off the record.)

Mr. GRIFFIN. Back on the record. Now, what did you say happened when
you heard the shot?

Mr. MONTGOMERY. Well, Officer Graves was on Oswald’s left and I went
around Officer Graves to try to help get--and, of course, when I got
around there several officers had hold of him, and I grabbed him around
the throat, and was applying a choke hold on him, and, of course, we
drug him off to one side over on the cement there on the ramp.

Mr. GRIFFIN. What kind of struggle was he putting up?

Mr. MONTGOMERY. He was putting up a struggle--with so many officers on
him, it wasn’t too much, could have--couldn’t have been too much.

First time we put him down it was right here [indicating].

Mr. GRIFFIN. Well, don’t put an “X” there. Block that “X” off. Make a
circle, or something. You want to put a little arrow to that and say it
was Ruby?

Mr. MONTGOMERY. Right here [indicating].

Mr. GRIFFIN. Okay; now, what did you do when you got him down on the
cement at that spot?

Mr. MONTGOMERY. As soon as we got him down here we made a--I
didn’t--some of the other officers was making a search for the pistol,
and “Blackie” Harrison was standing there and we had--held him down on
the ground, and I told Ruby--not Ruby--told “Blackie” Harrison, “Better
get him inside the jail office.” At which time we all picked him up and
brought him inside the jail office.

Mr. GRIFFIN. Did you hear “Blackie” say anything either before or after
the shooting, or during the struggle?

Mr. MONTGOMERY. Not that I recall, no.

Mr. GRIFFIN. All right. Then you all took him inside the----

Mr. MONTGOMERY. Uh-huh. Brought him right in here. Laid him down on the
floor just inside the door there.

Mr. GRIFFIN. What was he doing at that point? Still putting up a
struggle or----

Mr. MONTGOMERY. We laid him down on the floor there. He hollered and
said, “You all know me. I’m Jack Ruby.”

Mr. GRIFFIN. Do you know how he happened to yell that?

Mr. MONTGOMERY. Do I know that?

Mr. GRIFFIN. Yes; did you hear anybody holler anything to him at that
time?

Mr. MONTGOMERY. I don’t remember hearing anything. Hollered--says, “You
all know me. I’m Jack Ruby.” And then we let him down there and was
looking for the pistol.

Mr. GRIFFIN. Uh-huh.

Mr. MONTGOMERY. I said--I said, “Where is the pistol at?” And
Officer--Detective Graves walked up to where I was and said, “I have
got the pistol right here.” And pulled it out of his pocket and showed
it to me.

Mr. GRIFFIN. Did you search him?

Mr. MONTGOMERY. I did not.

Mr. GRIFFIN. Well, was he searched while he was in there?

Mr. MONTGOMERY. Well, everybody’s hands were going all over him; so, I
am sure they were searching.

Mr. GRIFFIN. Were his pockets turned out?

Mr. MONTGOMERY. No; they didn’t actually turn them wrong side out; no,
because everything would have fell out.

Mr. GRIFFIN. What did you do at that point?

Mr. MONTGOMERY. Well, after Graves showed us where the pistol was,
of course, we knew that he didn’t have it on him then. Then Chief
Batchelor walked by here. Chief Batchelor is our assistant chief of
police, and I asked if he wanted Ruby--to get Ruby in the jail, and he
said, “Yes.”

We then picked up Ruby and came around the corner here to the jail
office. I mean the jail elevator there, and they took him upstairs
to the jail, and I returned over to where Captain Fritz and Graves,
Leavelle were with Oswald.

Mr. GRIFFIN. Who was “they” that took him upstairs?

Mr. MONTGOMERY. Well, “Blackie” Harrison and Archer, McMillon.

Mr. GRIFFIN. Was Clardy with them?

Mr. MONTGOMERY. Clardy was down there if he wasn’t with them--I just
don’t know. I know there was four or five of them there that went up,
Cutchshaw, Lowery.

Mr. GRIFFIN. What did you do after----

Mr. MONTGOMERY. Well, we went back over to where Oswald was. The
ambulance came in and we--of course, they picked up the stretcher that
he was on and took it to the ambulance.

Mr. GRIFFIN. Uh-huh.

Mr. MONTGOMERY. And several of the detectives got inside the ambulance
and went with the ambulance to Parkland. I went over and got in Captain
Fritz’ car, Beck and Captain Fritz and Brown and myself went out to
Parkland Hospital.

Mr. GRIFFIN. What did you do when you got to Parkland Hospital?

Mr. MONTGOMERY. Well, first got there, of course, we went into the
emergency room and they took Oswald back to one of the emergency
treatment rooms, and we--or some captain told us to watch the doors,
you know, make sure no one came in or went out other than doctors
and nurses, which we did that until they transferred him up to the
operating room.

Mr. GRIFFIN. Now, at Parkland Hospital did you hear any rumors about
how Ruby got into the station.

Mr. MONTGOMERY. Well, I don’t know if I heard it out there or where.

Mr. GRIFFIN. Now----

Mr. MONTGOMERY. I guess I did. I probably heard it out at Parkland.

Mr. GRIFFIN. I take it that what you are about to talk about is the
first rumor that you heard?

Mr. MONTGOMERY. About the only one I ever heard.

Mr. GRIFFIN. All right.

Mr. MONTGOMERY. He just walked down there as one of the officers was
backing the car out. There was a car down there that had to back out
the Main Street ramp. As they were backing it out, the officers that
were lined up here on the ramp right here [indicating] as security,
were assisting this car out, because the ramp was coming, you know, the
wrong way there. And they were assisting that car out. Evidently went
down there then.

Mr. GRIFFIN. There were a number of rumors that were circulating. Did
you ever hear the rumor that he got in with the press pass?

Mr. MONTGOMERY. No; I--not press pass.

Mr. GRIFFIN. Did you hear any rumor that he got out of a police car?

Mr. MONTGOMERY. No; I hadn’t heard that one.

Mr. GRIFFIN. Did you ever hear the rumor that he came in with some TV
cameras?

Mr. MONTGOMERY. Yes; I heard that he picked up one and brought it down
there. That’s right.

Mr. GRIFFIN. Now, trying to probe your memory, try to tell us exactly
as you can just what you knew, or what rumors you heard at Parkland
Hospital and if you don’t really have an accurate memory about it at
all, I would like to know when you feel most certain that you knew
something about how Ruby got into the jail.

Mr. MONTGOMERY. I don’t recall exactly when I heard the rumor; how he
got down there.

Mr. GRIFFIN. How long did you remain in Parkland Hospital?

Mr. MONTGOMERY. I guess an hour. We were there an hour.

Mr. GRIFFIN. Well, now, when you left, of course, you--you knew Ruby,
you had known him for some time, so, when you left the jail, of course
you knew who the guy was who had shot Oswald?

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. Now, when you got out to Parkland Hospital, do you
remember anybody who was out there asking questions about any other
officers, or asking questions about who it was that shot Oswald?

Mr. MONTGOMERY. No; I don’t remember anybody asking me anything about
it.

Mr. GRIFFIN. Did you hear conversation out at Parkland Hospital that
would have identified Ruby as the person who shot Oswald?

Mr. MONTGOMERY. No; I didn’t hear anybody out there saying, you know,
that Ruby shot Oswald.

Mr. GRIFFIN. Did you talk to any reserve officers out there at Parkland
Hospital?

Mr. MONTGOMERY. No; I don’t believe I did.

Mr. GRIFFIN. As you took Oswald out to Parkland Hospital, was it
generally known among all the people who were escorting Oswald to
Parkland that Ruby had been the guy?

Mr. MONTGOMERY. Well, of course, I was in the car with Captain Fritz,
Beck, and Brown, and as far as any ambulance, where Oswald was, I don’t
know if it----

Mr. GRIFFIN. All the people in your car knew it was Ruby?

Mr. MONTGOMERY. No; Captain Fritz didn’t know who it was. They didn’t
know each other.

Mr. GRIFFIN. He knew the name of the man who had shot Oswald was Ruby
at that time, didn’t he?

Mr. MONTGOMERY. Yes, he knew that. We discussed it there in the car
that--going out to the hospital--that Jack Ruby shot him.

Mr. GRIFFIN. Now, you took Oswald into Parkland Hospital--were there
people asking you who shot him?

Mr. MONTGOMERY. No, because I didn’t go in with the body--I say, “the
body”--Oswald. Of course when the ambulance--beat us to the hospital.

Mr. GRIFFIN. As you people went into the hospital, were there people
asking you who shot----

Mr. MONTGOMERY. People doing a lot of talking. I don’t know if they
were asking questions or what, because we weren’t paying a lot of
attention to them.

Mr. GRIFFIN. If somebody had asked you who shot Oswald, might you have
said Ruby did it?

Mr. MONTGOMERY. No; I wouldn’t have.

Mr. GRIFFIN. I might explain to you what I am getting at. We know that
somewhere along the line somebody was out at Parkland Hospital who was
a newspaperman at----

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. Learned that Ruby was the person. This started a rumor to
the effect that his informant must have had something to do with it,
and I am really asking you this question to see if it isn’t possible
that you guys, as you guys got out to Parkland, somebody had said Ruby
was the guy and just by dropping the words, you know, that would spread
like wildfire out there.

Mr. MONTGOMERY. No; I didn’t say anything about who it was that done
the shooting, out there.

Mr. GRIFFIN. What time did you arrive back at the homicide bureau?

Mr. MONTGOMERY. What time?

Mr. GRIFFIN. Yes.

Mr. MONTGOMERY. Approximately 1:30.

Mr. GRIFFIN. And when you got back to the homicide bureau, do you
remember having any conversation with anybody about how Ruby got into
the building?

Mr. MONTGOMERY. Well, no; I didn’t talk to anybody. Just, you know--I
guess we was all standing out asking each other how in the world did he
get in.

Mr. GRIFFIN. After Ruby shot Oswald on the 24th, did you see Ruby at
any time the rest of that day?

Mr. MONTGOMERY. Yes, sir; we brought him down for the captain to talk
to.

Mr. GRIFFIN. About what time was that?

Mr. MONTGOMERY. Probably around 2, because we had been there at the
hospital--I mean office, about 30 minutes, went up and brought him down.

Mr. GRIFFIN. How long did he stay down here?

Mr. MONTGOMERY. I didn’t carry him back, so, I don’t know for sure.

Mr. GRIFFIN. Were you present during any of that interrogation?

Mr. MONTGOMERY. Not with Ruby; no.

Mr. GRIFFIN. At the time you brought him down, did you know how Ruby
got into the basement or had you been told?

Mr. MONTGOMERY. I still don’t know how he got down there.

Mr. GRIFFIN. But, had you heard, put it this way, had you heard at that
point that Ruby had told somebody how he got into the basement?

Mr. MONTGOMERY. I don’t think so. I don’t think I would have been aware
of it then.

Mr. GRIFFIN. Did you remain in the office with Ruby and Fritz for any
length of time?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. All right. Who brought Ruby down with you?

Mr. MONTGOMERY. Let’s see, it was Detectives Boyd and Hall. They sat in
on the interrogation there.

Mr. GRIFFIN. When you got up to see Ruby, how was Ruby dressed?

Mr. MONTGOMERY. Up in the jail?

Mr. GRIFFIN. Yes.

Mr. MONTGOMERY. He had on his shirt, and his skivvies.

Mr. GRIFFIN. And what other officers were there?

Mr. MONTGOMERY. I can’t say for sure but it seems like Archer was
there, but I couldn’t say for sure. I don’t know. There was an FBI
agent there, too.

Mr. GRIFFIN. Do you know which agent that was?

Mr. MONTGOMERY. Oh, Agent Hall?

Mr. GRIFFIN. I think--I don’t--you are giving your answer. I think you
are right.

Mr. MONTGOMERY. I think that is who it was. I don’t know if they have
got an agent named Hall, but seemed to me like that is what it was.

Mr. GRIFFIN. Was Sergeant Dean there?

Mr. MONTGOMERY. Well, there again, I couldn’t say, “yea or nay,”
because I don’t recall who was there exactly. I remember an FBI agent
there, and Archer--I believe Archer was there. Dean could have been
there. He could have been in there.

Mr. GRIFFIN. Is it your best recollection that there was more than one?
That there was somebody else in that cell there besides Hall, Ruby, and
Archer?

Mr. MONTGOMERY. I believe there was. I believe there was a jail guard
there.

Mr. GRIFFIN. Anybody else?

Mr. MONTGOMERY. No, but----

Mr. GRIFFIN. Are you indicating that you just don’t remember?

Mr. MONTGOMERY. I just don’t remember for sure how many was in there.

Mr. GRIFFIN. Was anything said to you by any of the people with Ruby
when you went up to the jail to get him?

Mr. MONTGOMERY. No; they didn’t say anything to me.

Mr. GRIFFIN. Did they pass on any information about anything Ruby had
said?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. No; did you people talk at all with Ruby as you brought
him downstairs?

Mr. MONTGOMERY. I’m sure we did, and I am trying to remember what we
said. Let’s see.

Mr. GRIFFIN. Well, now, you knew Ruby. Did you try to get him to open
up on the way down?

Mr. MONTGOMERY. No; I didn’t. Usually when we are bringing a prisoner
down I don’t try to talk to them too much. I don’t want to upset
anything, you know, any plans he has to talk to him.

Mr. GRIFFIN. Now, did Captain Fritz know that you were acquainted with
Ruby?

Mr. MONTGOMERY. He knew when I told him; yes.

Mr. GRIFFIN. When did you tell him that?

Mr. MONTGOMERY. As we was going out to Parkland Hospital. He kept
saying, “Who is Jack Ruby?” And I told him, “He is a man that runs the
Club Vegas out on Oak Lawn.”

Asked me did I know him, I said, “Yes; I used to have a district for
about 4 years out there.”

Mr. GRIFFIN. Did you feel that if you would talk to Ruby, that Ruby
might have been willing to give you any information?

Mr. MONTGOMERY. No; because Ruby and I, first of all, weren’t that
close or anything. As a matter of fact, I don’t guess he even remembers
my name or face, either.

Mr. GRIFFIN. Uh-huh.

Mr. MONTGOMERY. But he was used to seeing officers come in his place. I
don’t imagine he would remember one any more than others--another.

Mr. GRIFFIN. Did any of the officers up there at the jail cell with
Ruby when you went up there to get him come down on the elevator with
you?

Mr. MONTGOMERY. I believe Hall, FBI Agent Hall.

Mr. GRIFFIN. And did Hall go into Captain Fritz’ office?

Mr. MONTGOMERY. Now, our Detective Hall rather than Agent Hall did. I
just don’t know, because I couldn’t say for sure.

Mr. GRIFFIN. Who do you remember being in Fritz’ office the first time,
or--on this occasion when Ruby was brought down by you?

Mr. MONTGOMERY. Well, I know that Captain Fritz, Ruby, and, of course,
Detectives Hall and Boyd--Detective M. G. Hall. I know they were there
for sure, and who else was there I couldn’t swear, because I just saw
them walk up to the door to Captain Fritz’ office. And they went in,
of course, the blinds were drawn in Fritz’ office, so, I couldn’t see
who was in there.

Mr. GRIFFIN. What did you do after they took Ruby into Fritz’ office?

Mr. MONTGOMERY. Well, I sat down and answered some more of them phone
calls.

Mr. GRIFFIN. How long did you do that?

Mr. MONTGOMERY. I don’t recall anything outstanding from then on. I
know I didn’t get off until, have to look at my notebook again. Yes;
seemed to me about 10.

Mr. GRIFFIN. Did you take Ruby back upstairs?

Mr. MONTGOMERY. No; I didn’t take him back upstairs.

Mr. GRIFFIN. No?

Mr. MONTGOMERY. No; I didn’t take him back upstairs.

Mr. GRIFFIN. Did you see him taken back upstairs?

Mr. MONTGOMERY. No; I, evidently, was in the squad room at the time he
was taken back.

Mr. GRIFFIN. Did you see Ruby brought back down a second time?

Mr. MONTGOMERY. No; I didn’t, not that day; no.

Mr. GRIFFIN. Were you in the homicide bureau the entire time?

Mr. MONTGOMERY. In and out.

Mr. GRIFFIN. Were you out for any period as long as 10 or 15 minutes?

Mr. MONTGOMERY. Well, I talked to one witness back for, I guess for
about 20 or 30 minutes. The way our office is set up they could have
carried him in and taken him back out without some of them sitting back
in the squad room ever seeing him come in or go out.

Mr. GRIFFIN. This first occasion when you brought Ruby down, was Agent
Sorrels of the Secret Service in Fritz’ office?

Mr. MONTGOMERY. I couldn’t say for sure, because those blinds were
drawn to the captain’s office, and I couldn’t see who all was in there.
I walked up to the door. I could see Captain Fritz, and Hall and Boyd
stepped on inside.

Mr. GRIFFIN. Okay. Go ahead.

Mr. MONTGOMERY. At 10:30--I left at 10:30 Sunday night.

Mr. GRIFFIN. Prior to 10:30, I take it you answered; you didn’t see
Ruby again?

Mr. MONTGOMERY. Not that Sunday; no.

Mr. GRIFFIN. All right. Did you talk--did you see Archer again on that
Sunday?

Mr. MONTGOMERY. Archer and them, let’s see, were in our office, when we
got back from the hospital--Archer and Harrison, Cutchshaw and Lowery
were all in the office when we got back.

Mr. GRIFFIN. Was there any discussion in there about how Ruby got into
the basement?

Mr. MONTGOMERY. I think there was some--somebody say, “How did he get
down here?”

Mr. GRIFFIN. And what was said?

Mr. MONTGOMERY. Well, of course, nobody knew for sure. Said, “Well, no
telling how he got in.”

Mr. GRIFFIN. Did you see Archer after that other than when you saw him
up in the jail cell?

Mr. MONTGOMERY. Not that day. I don’t believe Archer was in our office.
I know Harrison and Cutchshaw and Lowery were in there, and McMillon
was upstairs with Archer, because I remember now in the scuffle down
here in apprehending Jack Ruby, McMillon lost his hat, and, of course,
I thought it was Ruby’s hat, so, I was hanging onto it, you know, and
on the way to Parkland I looked inside and T. D. McMillon’s initials
were in it, so, upon our arrival back from Parkland Hospital to the
office, I went down to McMillon’s office and left his hat.

Mr. GRIFFIN. Did you talk with Harrison at all about how Ruby got in,
Blackie Harrison?

Mr. MONTGOMERY. I don’t believe I did.

Mr. GRIFFIN. Did you talk with Lowery at all about it?

Mr. MONTGOMERY. Well, like I say, we were all back there in that squad
room, and somebody said, “How did he get down there?” And I don’t know
who said--well, I don’t know.

Mr. GRIFFIN. Didn’t Lowery say at that point that he thought Ruby
pushed a TV camera in?

Mr. MONTGOMERY. I couldn’t swear that he did or didn’t.

Mr. GRIFFIN. How long did you, Cutchshaw, Lowery, and Harrison remain
in the homicide office?

Mr. MONTGOMERY. Didn’t stay there but just a few minutes. I know when
we left they were in there writing out a report of some kind. Didn’t
even ask them what they was writing. Sitting there writing something.
Anyway, after I talked to them just as--just a second, I went back to
where Captain Fritz was, and that was when they sent us back upstairs
to get Ruby.

Mr. GRIFFIN. Hall, Harrison, Cutchshaw and Lowery are all from the
juvenile bureau?

Mr. MONTGOMERY. Yes.

Mr. GRIFFIN. Now, did you talk with Dean at all on Sunday after the----

Mr. MONTGOMERY. Gene?

Mr. GRIFFIN. Dean. Officer Dean.

Mr. MONTGOMERY. No.

Mr. GRIFFIN. Did you talk with Officer McMillon at all after the
shooting?

Mr. MONTGOMERY. Seemed like I talked to him later on that night and
told him about his hat.

Mr. GRIFFIN. Do you recall him telling you anything about how Ruby got
in?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. Now, you knew that McMillon had been up there in this jail
cell with Ruby?

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. Did you ask him anything about what Ruby was saying?

Mr. MONTGOMERY. No; I didn’t.

Mr. GRIFFIN. Did he tell you anything about what Ruby was saying?

Mr. MONTGOMERY. No.

Mr. GRIFFIN. How about Archer? Did you see him?

Mr. MONTGOMERY. I don’t believe--I don’t recall seeing Archer any more
after they left the----

Mr. GRIFFIN. Uh-huh.

Mr. MONTGOMERY. Jail.

Mr. GRIFFIN. Okay. I want you to take the pen back from me.

Mr. MONTGOMERY. All right.

Mr. GRIFFIN. And I want to mark these two documents for identification.

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. And I am going to mark this one Exhibit 5005, and the
second one Exhibit 5006.

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. And each of them, “Dallas, Texas, Detective Montgomery’s
deposition. 3-24-64”. These are copies of FBI reports?

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. And they represent, of course----

Mr. MONTGOMERY. Their interview with me.

Mr. GRIFFIN. Their interview with you; yes. Now, I am going to ask you
to look at 5005. This purports to be an interview that was made on
December 4, 1963.

Mr. MONTGOMERY. Uh-huh.

Mr. GRIFFIN. By James Kennedy and Leo Robertson of the----

Mr. MONTGOMERY. With who?

Mr. GRIFFIN. With you.

Mr. MONTGOMERY. I didn’t talk to no two. I talked to one. I talked to
Mr. Bookhout and one other agent is all. Let’s see. Maybe I had better
read this before I start talking. Let’s see.

Mr. GRIFFIN. Look it over and tell me if you remember that interview?

Mr. MONTGOMERY. “Stated they had known Ruby for several years.” That
must mean “he.”

Mr. GRIFFIN. Tell you what. Let’s take a break here and let Officer
Montgomery read this over, and then I want to know whether you feel
that there should be any additions or corrections made in it.

(Discussion off the record.)

Mr. GRIFFIN. I will hand you what has been marked as Exhibit 5005 and
5006. Have you had a chance to look those over, Mr. Montgomery?

Mr. MONTGOMERY. Yes.

Mr. GRIFFIN. Is there anything you want to add to those statements that
you haven’t told us already?

Mr. MONTGOMERY. No; not that I know of.

Mr. GRIFFIN. Do you want to make any corrections in those statements,
in light of what you have said today?

Mr. MONTGOMERY. Well, on this one right here, Mr. Griffin, it said,
“He states they had known Ruby for several years.” I don’t know who
“they” would be. See on that second paragraph where it says, “He stated
they----”

Mr. GRIFFIN. You want to change that to “he”?

Mr. MONTGOMERY. Uh-huh. That is the only thing I see in there.

Mr. GRIFFIN. Okay. Let me look it over for just a second. I notice in
here that you stated that you felt that you hadn’t seen Ruby for at
least 2 years prior to the time of the shooting.

Mr. MONTGOMERY. That is what I was thinking about. Anywhere from a
year, year and a half, to 2 years.

Mr. GRIFFIN. Your best recollection is for a year, or year and a half?

Mr. MONTGOMERY. Probably was a year and a half. My partner--after I
gave that to the agent there, this partner advised me that one night we
were driving down Commerce Street and Jack pulled up beside of us and
spoke to us in his car. I don’t recall seeing him, but my partner told
me he--that we had seen him there. That shouldn’t have been too long
before all this happened. I guess two or three----

Mr. GRIFFIN. Who was your partner that told you that?

Mr. MONTGOMERY. It was Mr. Johnson.

Mr. GRIFFIN. What’s his first name?

Mr. MONTGOMERY. Marvin Johnson, but I don’t recall seeing Ruby then, at
that time.

Mr. GRIFFIN. You stated in here, I think it is 5006--at least it’s
reported that as you “brought Oswald down into the jail area the two
officers with Oswald between them and Montgomery hesitated before going
into this corridor while Capt. J. W. Fritz checked with Chief----to see
if the area was clear.” Agent Bookhout hasn’t indicated here what chief
that was. Are you able to fill in that blank?

Mr. MONTGOMERY. Well, actually what that was was I told him, “Chief,”
say who did the captain talk to when he stepped out that door. I
couldn’t see. I just told him I thought it was the chief. I didn’t
know. I didn’t--maybe it wasn’t even a chief that he talked to. It was
some lieutenant out there that told him, that is why I say at that
particular time I was hesitant on this. This “chief” business then.

Mr. GRIFFIN. Do you have anything else that you want to tell us that
we haven’t already covered that you think might be of use to the
Commission?

Mr. MONTGOMERY. Oh, well, I don’t know of anything. Looks like you all
have covered it pretty well, and, of course, these reports here have
it, too. One thing they say is not in here either. It is not--I haven’t
told you yet, is when we had Ruby down on the floor inside the jail
office there, that while we had him down and was holding him on the
floor there he said he hoped he killed the s.o.b.

Mr. GRIFFIN. You heard him say that?

Mr. MONTGOMERY. Yes; of course, there were other officers that heard
it, too. We was all standing right there. That is the one thing that
wasn’t in this report here. I don’t recall seeing it, do you?

Mr. GRIFFIN. Now, did you testify in the Jack Ruby trial?

Mr. MONTGOMERY. No; I never did testify.

Mr. GRIFFIN. I think maybe one last thing. If you would look over this
map, now, and if you feel that the marks that we’ve put on here are
accurate on the basis of what we have done before, I would like you to
sign it.

Mr. MONTGOMERY. Right here, let me put “news media,” right below that
so that I will know as well as someone else might know.

Mr. GRIFFIN. Okay. Sign it, if you would.

Mr. MONTGOMERY. Over here?

Mr. GRIFFIN. That would be fine.

Mr. MONTGOMERY. You want me to date it or anything?

Mr. GRIFFIN. No; that’s all right. We have got it on the record here.
“The reporter will say witness signs an exhibit.”

All right. Okay. That concludes our interview, and thank you.



TESTIMONY OF THOMAS DONALD McMILLON

The testimony of Thomas Donald McMillon was taken at 10:30 a.m., on
March 25, 1964, in the office of the U.S. attorney, 301 Post Office
Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Burt W.
Griffin, assistant counsel of the President’s Commission.


Mr. GRIFFIN. How are you? Sit down over here, Tom. I want to explain
to you what we are doing here. Like I said, my name is Burt Griffin
and I am a member of the advisory staff to the General Counsel of the
President’s Commission investigating the assassination of President
Kennedy. This Commission has been set up by virtue of an order of
President Johnson, Executive Order 11130, dated November 29, 1963,
and also under Joint Resolution of Congress 137. Pursuant to these
documents, there have been a series of rules of procedure enacted, and
pursuant to those rules of procedure, I have been authorized to take a
sworn deposition from Officer McMillon here. I want to say initially
that the general nature of the Commission’s inquiry is to ascertain,
evaluate, report upon the facts that relate to the assassination of
President Kennedy, also, of course, the subsequent death of Lee Harvey
Oswald. As far as you are concerned, Mr. McMillon, we are primarily
concerned here with the death of Oswald; although, if there is any
other information that you have that you think would be pertinent
to this inquiry, we would certainly appreciate your coming forward
with it. Now, we have asked you to come here today through a general
request, which was made by the General Counsel of the President’s
Commission, addressed in a letter to Chief Curry. Actually, under the
rules adopted by the Commission, you are entitled to have a 3-day
written notice of any appearance for this purpose, and, however, there
is also a provision that you may waive this written notice if you want
to, and I ask you right now if you would prefer to have us give you a
written notice.

Mr. McMILLON. No.

Mr. GRIFFIN. Or do you want to waive it?

Mr. McMILLON. No; I will waive that. It is okay.

Mr. GRIFFIN. Now, you are also permitted to be represented by counsel
here, and I assume, since you haven’t come with an attorney, that it is
your desire not to have one, but if you do desire one, tell me at this
point. Tell me.

Mr. McMILLON. I don’t feel like I need an attorney here present now,
but I want to reserve the right to have counsel if I feel like I need
it.

Mr. GRIFFIN. Certainly you have that right at that time, and I mean
to cover that. I also mean to tell you that this is not--we are not
involved in a trial, we have no authority to prosecute anybody for
any crime. All of that is to be handled by the State of Texas. The
only crime that can be committed in connection with this investigation
is perjury, and it is very, very important that we find out all of
the facts that surround this and find them out truthfully. This
investigation is more important, I think, than anybody can really
realize to the national security, and if there is any way that I can
impress upon you the importance of this, that our interest is getting
the truth for this purpose and our interest is not in going out and
trying to put anybody in jail or anything like that.

Mr. McMILLON. All right.

Mr. GRIFFIN. If you are willing to be sworn to testify, I would
appreciate your raising your right hand.

Mr. McMILLON. Right.

Mr. GRIFFIN. Do you solemnly swear that the testimony you are about to
give is the truth, the whole truth, and nothing but the truth?

Mr. McMILLON. I do.

Mr. GRIFFIN. Will you give us your full name?

Mr. McMILLON. Thomas Donald McMillon. It is [spelling] M-c-M-i-l-l-o-n.

Mr. GRIFFIN. When were you born?

Mr. McMILLON. One April 1935.

Mr. GRIFFIN. Where do you live now?

Mr. McMILLON. 4929 Reiger Street, Apartment 109.

Mr. GRIFFIN. Is that Dallas?

Mr. McMILLON. Dallas, Tex.

Mr. GRIFFIN. All right. What is your occupation?

Mr. McMILLON. I am a police officer for the city of Dallas, Tex.

Mr. GRIFFIN. Are you in any particular division?

Mr. McMILLON. Yes; I am a detective assigned to the auto theft
investigation bureau.

Mr. GRIFFIN. And do you have any particular rank?

Mr. McMILLON. Detective.

Mr. GRIFFIN. How long have you been in the auto theft bureau?

Mr. McMILLON. Nearly 11 months.

Mr. GRIFFIN. Have you been in any other bureaus?

Mr. McMILLON. Patrol division prior to that.

Mr. GRIFFIN. And when you were in the patrol division, whom did you
work under?

Mr. McMILLON. My last captain of patrol was Capt. C. E. Talbert, I
believe it is, Talbert.

Mr. GRIFFIN. Talbert. And, at that time, whose direct supervision were
you under?

Mr. McMILLON. My last sergeant was Sgt. H. A. Amos.

Mr. GRIFFIN. Did you ever work under Sergeant Dean?

Mr. McMILLON. Yes, sir.

Mr. GRIFFIN. When did you work under Sergeant Dean?

Mr. McMILLON. The exact dates, I don’t recall, but I did work the
downtown area while he was the supervisor in that area, in that zone.

Mr. GRIFFIN. I see. And in connection with that employment, did you
become acquainted with Jack Ruby?

Mr. McMILLON. I have seen Jack in the downtown area. I believe that I
have probably answered calls to this Carousel Club down here. I knew
him prior to that, not personally, but I had answered calls at the
Vegas Club when he ran that.

Mr. GRIFFIN. I see. Do you recall when it was that you worked out at
the Vegas Club area?

Mr. McMILLON. Some in 1957 and probably 1958. I am not exactly sure on
those dates, but it should have been in that time.

Mr. GRIFFIN. Did you know Eva Grant when you were out there in the
Vegas Club area?

Mr. McMILLON. I have seen her. I don’t know her personally. I believe I
have seen her in the Vegas Club.

Mr. GRIFFIN. How about Pauline Hall?

Mr. McMILLON. No. I don’t know Pauline Hall.

Mr. GRIFFIN. Now, when you worked the downtown area, did you know
George Senator?

Mr. McMILLON. I don’t know George Senator.

Mr. GRIFFIN. Well, did you know the bartender at the Carousel Club?

Mr. McMILLON. No.

Mr. GRIFFIN. When was the last time that you worked the downtown area?

Mr. McMILLON. Most all of my time in patrol was spent, or the majority
of it, was spent in the downtown area. I believe about 8 or 9 or maybe
10 months before I was promoted to a detective, I worked an area of the
downtown--one of the downtown districts. I believe in August of 1962,
the first of August 1962, I went to what we refer to kindly of a South
Dallas beat. Actually, it is on the edge of downtown.

Mr. GRIFFIN. Uh-huh.

Mr. McMILLON. And most of my time spent on patrol was downtown or in
the downtown area or near by.

Mr. GRIFFIN. Were you on duty Friday, November 22?

Mr. McMILLON. No, sir.

Mr. GRIFFIN. Where were you at the time you learned that President
Kennedy had been shot?

Mr. McMILLON. Home, in bed, asleep.

Mr. GRIFFIN. Well, you weren’t sleeping. Did somebody wake you up to
tell you that the President had been shot? Did somebody wake you up?

Mr. McMILLON. Yes. Phone call.

Mr. GRIFFIN. Who called you?

Mr. McMILLON. A friend of mine did.

Mr. GRIFFIN. What did you do?

Mr. McMILLON. He came to my house.

Mr. GRIFFIN. Who was that?

Mr. McMILLON. Mickey Fuller.

Mr. GRIFFIN. Did you stay home all day Friday?

Mr. McMILLON. Except probably maybe to go out to eat. I was there most
of the day.

Mr. GRIFFIN. Are you married?

Mr. McMILLON. No.

Mr. GRIFFIN. Did you report--did you report for work on Friday?

Mr. McMILLON. No, no.

Mr. GRIFFIN. Was that your regular day off?

Mr. McMILLON. Yes.

Mr. GRIFFIN. How about Saturday?

Mr. McMILLON. I reported at 7 a.m. Saturday.

Mr. GRIFFIN. Did you go down to the police department at any time on
Friday?

Mr. McMILLON. No.

Mr. GRIFFIN. Do you recall, did you visit the scene, did you visit the
School Book Depository or any particular places on the 22d, other than
your home, that you can recall?

Mr. McMILLON. No; I didn’t go down near that Depository----

Mr. GRIFFIN. All right.

Mr. McMILLON. Or down near the police station or anything.

Mr. GRIFFIN. Uh-huh. Did you see anything on the 22d that might be of
value to the Commission?

Mr. McMILLON. The only thing that I saw was what events that I saw on
television.

Mr. GRIFFIN. Now, on the 23d, when you arrived at work, where did you
go?

Mr. McMILLON. To the auto theft bureau.

Mr. GRIFFIN. Did you work in the auto theft bureau all day Saturday?

Mr. McMILLON. Yes; until 3 p.m.

Mr. GRIFFIN. What I mean to say is, did you go out of the building?

Mr. McMILLON. I don’t recall if I did or not. Maybe I might have gone
out for coffee. It seemed to me like I had lunch in the locker room
that day. I am not sure.

Mr. GRIFFIN. Is that on the third floor of the police department
building?

Mr. McMILLON. The locker room?

Mr. GRIFFIN. No, no; the auto theft bureau.

Mr. McMILLON. Yes.

Mr. GRIFFIN. Did you see anybody in the police department that day who
was--who you recognized as not being a police officer or a newsman or
somebody who was there visiting your department on official business?

Mr. McMILLON. Well, I don’t know how to answer that. There were a lot
of people there. Some of them were in and out. People at first started
out during that day coming to our office to get automobiles released
from the pound.

Mr. GRIFFIN. Yes.

Mr. McMILLON. People in and out like that, and I saw a number of people
that I didn’t know, and I didn’t see identification on them and didn’t
recognize them as probably being newsmen or with the press or some news
media.

Mr. GRIFFIN. Was your office in the auto theft bureau used by the news
people for any purposes?

Mr. McMILLON. Yes. They used our phones quite often.

Mr. GRIFFIN. Did this cause you problems?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Can you give some idea of what kind of problems these news
people were causing you?

Mr. McMILLON. Well, our phones were pretty well tied up. There seemed
to be quite a commotion in and around and about the office. It made it
difficult to work.

Mr. GRIFFIN. Uh-huh. Did you people attempt to make any effort to get
these news people out?

Mr. McMILLON. We were cooperative with them. If they asked to use
a phone and if there was a phone available, we extended them every
courtesy along that line.

Mr. GRIFFIN. Uh-huh. Did you see Jack Ruby at any time on Friday or
Saturday?

Mr. McMILLON. No.

Mr. GRIFFIN. And, as I understand, you left work on Saturday about 3 in
the afternoon?

Mr. McMILLON. Right.

Mr. GRIFFIN. When you left work on Saturday, did you have any idea that
Lee Harvey Oswald would be moved from the county jail the next day--to
the county jail the next day?

Mr. McMILLON. No. I may or may not have heard any rumors, I don’t
remember, but I didn’t know when he would be moved. I had heard some
rumors, I believe, but I didn’t know when he would be moved.

Mr. GRIFFIN. After work that night, did you have any occasion to be
around the police department?

Mr. McMILLON. No.

Mr. GRIFFIN. What did you do Saturday night?

Mr. McMILLON. I don’t recall. The best I remember, it seemed to me like
I stayed home and watched television. I may have gone out, but I think
I stayed home.

Mr. GRIFFIN. What time did you report for work on Sunday morning?

Mr. McMILLON. 7 a.m.

Mr. GRIFFIN. Do you remember where you parked your car Sunday morning?

Mr. McMILLON. I am sure it is the same parking lot that I always park
on. I park on a pay lot at the corner of Main and Pearl.

Mr. GRIFFIN. When you parked, which corner did you park on?

Mr. McMILLON. It would be the southeast corner of Main and Pearl.

Mr. GRIFFIN. That is actually between Main and Commerce, isn’t it?

Mr. McMILLON. Huh-uh. Well, you might consider it that way. Can I use
some paper here to show you what I mean?

Mr. GRIFFIN. Yes. Take this.

Mr. McMILLON. Okay. This would be Pearl Expressway, the directions,
your north and south.

Mr. GRIFFIN. Yes.

Mr. McMILLON. Main Street running--okay. This was actually the way the
streets were running.

Mr. GRIFFIN. Yes.

Mr. McMILLON. Main running east and west, Commerce running east and
west, and, of course, here is Pearl going south.

Mr. GRIFFIN. All right. On here, will you mark a mark?

Mr. McMILLON. Right over here, right in here is where I parked my car,
this parking lot.

Mr. GRIFFIN. Okay. Where you just placed an “X”? I am going to mark
this, if I can, mark this “Dallas, Tex., Detective T. D. McMillon.”
That is [spelling] M-i-l-l-o-n, right?

Mr. McMILLON. Right.

Mr. GRIFFIN. 3-25-64, Exhibit 5015. At the time you arrived for work,
was there a police officer stationed at the corner of Main and Pearl?

Mr. McMILLON. I don’t recall whether there was or wasn’t.

Mr. GRIFFIN. Now, from that parking lot, Mr. McMillon, how did you get
into the police department? Did you walk down Main or Commerce?

Mr. McMILLON. Down Main.

Mr. GRIFFIN. And did you--how did you go, in the Main Street ramp?

Mr. McMILLON. No. I probably took the first floor elevator, elevator,
first floor. I usually do. That particular day, I recall I walked down
this ramp, but I don’t recall whether I took the steps and went up to
the first floor and went up the elevator. That is the way I usually go
in.

Mr. GRIFFIN. You go into the city hall, as opposed to the municipal
building, there is a set of steps going up into the police building?

Mr. McMILLON. Yes.

Mr. GRIFFIN. And then, when you arrived, were there any people
congregated around the Main Street ramp?

Mr. McMILLON. Not that I recall. I don’t know if there was or not. I
don’t recall there being any there.

Mr. GRIFFIN. Were there any other cars parked in the parking lot when
you arrived?

Mr. McMILLON. Yes; I am sure there was. I don’t know whose or which
ones.

Mr. GRIFFIN. Would you recognize Jack Ruby’s car?

Mr. McMILLON. I haven’t seen Jack’s car.

Mr. GRIFFIN. What did you do when you got up to the auto theft bureau?

Mr. McMILLON. I don’t know. Probably the first thing I did, probably
take my coat off and go get a cup of coffee, bring it back out of the
machine. That is my normal habit or routine.

Mr. GRIFFIN. Is there a machine up on the third floor?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Is it just in the auto theft bureau or is it accessible?

Mr. McMILLON. No. There is a little lounge that is accessible to the
public.

Mr. GRIFFIN. And do the police officers normally take a coffee break in
there?

Mr. McMILLON. Not normally, but you may occasionally see some in there.

Mr. GRIFFIN. Where do the police officers normally go?

Mr. McMILLON. Martin’s or the Majestic. Of course, Martin’s wouldn’t be
open on Sunday, I don’t think. Wherever you can go. You might possibly
go to the locker room, if you wanted to. There is a coffee machine down
there.

Mr. GRIFFIN. Uh-huh. Do you remember what you did up until the time
that you were asked to go down into the basement?

Mr. McMILLON. I tried to work on some of my cases, the best I could.
I don’t remember whether I was trying to contact some complainants
by phone or whether I had checked some prisoners out of the jail,
was working out on prisoners, exactly what I was doing. I know I was
working in the office when Lieutenant Smart came through and said,
“Don’t anybody leave.”

Mr. GRIFFIN. Do you remember any of the cases that you worked on that
day?

Mr. McMILLON. Huh-uh.

Mr. GRIFFIN. Were you busy answering telephone calls from people?

Mr. McMILLON. Yes; I answered some phone calls from people. Yes, sir; I
sure did.

Mr. GRIFFIN. Did you get any phone calls in connection with the murder
of the President?

Mr. McMILLON. Not that I recall.

Mr. GRIFFIN. You didn’t get any of these crank calls?

Mr. McMILLON. No; I didn’t take any crank calls. I sure didn’t.

Mr. GRIFFIN. When you got up there, what other officers were on duty in
the auto theft bureau?

Mr. McMILLON. Well, now, let’s see. I recall I was on duty, Lieutenant
Smart, Detective Clardy. That is my partner. Detective Rivers was
working at the desk, what we call the desk. I was working in the auto
theft. He is the one that was making out the assignments.

Mr. GRIFFIN. Was it Clardy?

Mr. McMILLON. No; it wasn’t Clardy.

Mr. GRIFFIN. Who was it?

Mr. McMILLON. Ed Rivers. Archer and Greeson were on duty.

Mr. GRIFFIN. How do you spell that?

Mr. McMILLON. I believe that boy spells it [spelling] G-r-e-e-s-o-n,
and then I don’t recall if they were there, but they were on duty this
day. Detective Watson, Detective Dawson, and I don’t remember who the
others were.

Mr. GRIFFIN. Now, when you arrived for duty, did you know that Jack
Ruby was--did you know that Lee Oswald might be moved that day?

Mr. McMILLON. No. I personally felt that he might, but I didn’t know
that he would.

Mr. GRIFFIN. Now, when you arrived for duty, at any time after you
arrived and before Oswald was shot, did you hear that someone had
called during the night and threatened to get Oswald?

Mr. McMILLON. No; not that I recall.

Mr. GRIFFIN. Did you people in the auto theft bureau, did you talk
about the expected movement of Oswald that day?

Mr. McMILLON. Yes; the best I remember, we probably did, theories and
opinions, probably. I don’t recall how the conversation went.

Mr. GRIFFIN. Do you recall whether at any time prior to the time that
Lieutenant Smart asked you to go downstairs there was any discussion as
to when Ruby--Oswald would be moved?

Mr. McMILLON. I don’t recall any discussions. After he told us that, I
still continued busy at something, and I remember that I was the last
one out of the office when we all started to leave to go down there.

Mr. GRIFFIN. When you arrived down in the office, when you walked out
of your office, did you see any police officers in the hall that you
recognized?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Who did you see out there?

Mr. McMILLON. I don’t recall who they were. You are speaking of the
third floor?

Mr. GRIFFIN. Yes, yes.

Mr. McMILLON. I don’t recall who they were. I would have known most of
those men, but I recall seeing some that I recognized. Right now, I
don’t recall who they were, but I remember seeing them and recognizing
them.

Mr. GRIFFIN. Do you remember who you went down on the elevator with?

Mr. McMILLON. I believe most of them were the men from my office and
some more, the best I remember.

Mr. GRIFFIN. Do you remember if you went down with men from the other
bureaus?

Mr. McMILLON. Yes; there probably were some detectives from the other
bureaus. I don’t recall who they were now.

Mr. GRIFFIN. I see. Now, was there anybody in charge of this general
movement going downstairs, was there one man going around rounding
everybody up?

Mr. McMILLON. I don’t know. I felt like I was under the supervision of
Lieutenant Smart until I later learned that there was a man ranking to
him down there who was giving orders.

Mr. GRIFFIN. Now, when you got downstairs, where did you go?

Mr. McMILLON. From the--I got off of the elevator and walked straight
through two swinging doors and just outside of the jail office.

Mr. GRIFFIN. So you were between the swinging doors and the ramp?

Mr. McMILLON. Right.

Mr. GRIFFIN. Now, were all of the police officers sort of out there
waiting or were they spread out on both sides of those swinging doors?

Mr. McMILLON. Well, we later had spread out on both sides of the doors.

Mr. GRIFFIN. Well, at the time that you came down, was there a general
meeting held outside of the swinging doors?

Mr. McMILLON. There seemed to be to me, and a few minutes later,
Captain Jones told us what he wanted done.

Mr. GRIFFIN. I see. But when you congregated outside of those swinging
doors, it was everybody sort of milling around, nobody giving
instructions?

Mr. McMILLON. It was right at first.

Mr. GRIFFIN. Now, did you see W. J. Harrison down there when you were
outside of the swinging doors?

Mr. McMILLON. At what point?

Mr. GRIFFIN. At that point.

Mr. McMILLON. I don’t recall if I saw him at that point or not, but I
saw him down there.

Mr. GRIFFIN. Do you recall anybody that you saw down there as you
congregated?

Mr. McMILLON. When we first arrived down there?

Mr. GRIFFIN. Yes.

Mr. McMILLON. I don’t know who all was down there. I know we were from
the auto theft bureau. I recall Captain Jones being there.

Mr. GRIFFIN. Now, from the time that you got down there and taking the
time that you were milling around in front of the swinging doors, how
long was it from then until Lee Oswald was brought down?

Mr. McMILLON. I would say about 20 minutes.

Mr. GRIFFIN. Had the armored car been brought in?

Mr. McMILLON. I have to assume that the armored car was in the position
that it was, since I have since learned what I have. As I recall, I
never did see the armored car.

Mr. GRIFFIN. You just don’t have any recollection of seeing it at all
that day?

Mr. McMILLON. I don’t remember seeing that armored car at all. I may
have, but I sure don’t remember.

Mr. GRIFFIN. Were the TV cameras moved while you were down there?

Mr. McMILLON. There was some TV cameras placed in position while we
were there.

Mr. GRIFFIN. Were they moved out of one position to another while you
were there?

Mr. McMILLON. I think I know what you mean. We had those people move
back over kind of in the mouthway to this deal, which would have
been in my position that I finally took up, just moments before the
shooting, the position that I was in then. Anyway, we had moved or had
instructed those people to move back over, which would have been to my
right. I will correct that. Left. This is my left hand.

Mr. GRIFFIN. Okay. Now, let me ask you this. When you walked--went down
there and were waiting before anybody gave you any instructions, did
you see a TV camera on the jail office side of the railing, anywhere
between the railing and the jail office?

Mr. McMILLON. It seems to me like I did, but I can’t be sure.

Mr. GRIFFIN. Well, do you remember whether a camera was moved from a
position somewhere near the swinging doors back away across the ramp
and behind the railing?

Mr. McMILLON. Yes; it seems to me like I do, but I wasn’t paying any
attention, because it seemed to me like there was cameras everywhere.

Mr. GRIFFIN. All right. Now, there finally came a time when somebody
gave you some instructions?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Who was that?

Mr. McMILLON. Captain Jones, and, of course, Lieutenant Smart was
assisting him, but Captain Jones explained to us that, when they
brought the prisoner out, that he wanted two lines formed and we were
to keep these two lines formed, you know, a barrier on either side of
them, kind of an aisle. We were kind of to make an aisle for them to
walk through, and when they came down this aisle, we were to keep this
line intact and move along with them until the man was placed in the
car.

Mr. GRIFFIN. So you were sort of supposed to pick him up as a flanker?

Mr. McMILLON. That was my understanding.

Mr. GRIFFIN. Uh-huh. Now, did--were you assigned to any position, to
take up any particular position?

Mr. McMILLON. No; the man told us what he wanted and everybody just set
it up.

Mr. GRIFFIN. Now, was Detective Harrison or Blackie Harrison, was he
present when Jones gave these instructions?

Mr. McMILLON. I am sure that he was. I don’t know if he was or not.

Mr. GRIFFIN. And how about Detective L. D. Miller, was he present at
that time?

Mr. McMILLON. I don’t know at what point Miller had got there. I am
sure that he was, because Miller had taken up the position. When we set
up, Miller had taken up the position on my right.

Mr. GRIFFIN. How long did you remain--well, let me ask you this: After
Jones finished giving instructions, where did you go?

Mr. McMILLON. I was there in that area, and I took my position outside
of the jail office door there.

Mr. GRIFFIN. Did you immediately take up the position that you had when
Oswald was shot or did you move around?

Mr. McMILLON. No; I believe I had a different position there for a
minute, and I saw that the space over here needed another officer in
it, so I got over there.

Mr. GRIFFIN. How long did you remain in that position before Oswald
came down?

Mr. McMILLON. It seemed to me like about 10 minutes. I am not sure of
the time. It was possibly somewhere in that neighborhood.

Mr. GRIFFIN. All right. Now, was Detective Miller in his position when
you came--when you took your position, took up your position?

Mr. McMILLON. I don’t recall if he was already in position or if he
moved in after I did.

Mr. GRIFFIN. How much of the time that you were in your position would
be your best estimate that Miller was also there?

Mr. McMILLON. Five to 10 minutes.

Mr. GRIFFIN. Did you see Miller leave that position at any time?

Mr. McMILLON. If he did, I don’t remember it.

Mr. GRIFFIN. Now, Miller was on your right, is that correct?

Mr. McMILLON. Uh-huh.

Mr. GRIFFIN. Now, would you--I am going to mark this map first of all.
This is a diagram of the jail basement area, and I am going to write on
here, “Dallas, Texas, Detective T. D. McMillon, 3-27-64, Exhibit 5016.”
Now, let me see if we can get a place where you can--let me clear this
off. Now, would you take this and take that pencil and would you mark
on there where you were standing when you took up what you call your
position?

Mr. McMILLON. These are the swinging doors that we come out of, right?

Mr. GRIFFIN. Yes; they are.

Mr. McMILLON. Right along in here.

Mr. GRIFFIN. All right. Would you write out in here, put an arrow or
something and put your name?

Mr. McMILLON. The full name or just the initials?

Mr. GRIFFIN. Just something. The “T. D.” That is all right. Now, would
you put down where Miller was standing?

Mr. McMILLON. Right along in here.

Mr. GRIFFIN. You want to do something to mark that that is Miller?

Mr. McMILLON. Okay.

Mr. GRIFFIN. Okay; was there anybody on your left?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Who was that?

Mr. McMILLON. I believe it was Detective Watson.

Mr. GRIFFIN. I see.

Mr. McMILLON. Right along in here somewhere.

Mr. GRIFFIN. How is it that you--you seem to have a better recollection
of Miller than Watson, is that correct?

Mr. McMILLON. There was some more people down this line. I believe I
talked to Miller--I don’t know what we talked about--just prior to the
shooting. I know that Watson was along there and “Blackie” Harrison,
was along over this way.

Mr. GRIFFIN. This is the position, say, 10 minutes before Oswald was
brought down, is that right, 5 or 10 minutes before?

Mr. McMILLON. Yes.

Mr. GRIFFIN. All right. Did you see Rio Pierce or Sam Pierce’s car pull
out?

Mr. McMILLON. Yes.

Mr. GRIFFIN. And did you see anybody get out of the car?

Mr. McMILLON. Yes; seemed to me like a sergeant got out of that car.

Mr. GRIFFIN. Did you see anybody attempt to clear away the crowd?

Mr. McMILLON. I believe that is what this sergeant was doing.

Mr. GRIFFIN. Now, as you looked over there at the car, how many lines
deep, if there was more than one line, were the news people across the
Main Street ramp?

Mr. McMILLON. I don’t know. Those people were right along in this area
along in here.

Mr. GRIFFIN. Now, you are indicating the area behind the railing----

Mr. McMILLON. Yes.

Mr. GRIFFIN. Or just in front of it?

Mr. McMILLON. Part of them were behind this railing and some of them
were over in here and along in here like that.

Mr. GRIFFIN. So most of the news people were strung out along the
railing extending toward the armored car, is that right, or toward the
Commerce Street ramp?

Mr. McMILLON. It seemed to me like that most of them was in an area
something similar to this.

Mr. GRIFFIN. All right. You want to put some sort of a mark where they
were?

Mr. McMILLON. It seemed to me like they were in there. Of course, there
were some along in here. Of course, they weren’t orderly.

Mr. GRIFFIN. As they never are. Would you write in there “News Media”
or something to that effect? Okay. That has been marked “Press.” Now,
can you describe how thickly the people were congregated from the west
wall of the Main Street ramp across?

Mr. McMILLON. This is the west wall?

Mr. GRIFFIN. Yes, sir; how thickly were they congregated across to the
railing?

Mr. McMILLON. I don’t know, but there were some officers lined up
across this way to some point.

Mr. GRIFFIN. Do you remember where any of those officers were?

Mr. McMILLON. Yes; I think “Blackie” Harrison was along in here. I
don’t remember who else was along in here.

Mr. GRIFFIN. Would you put a mark where Harrison was?

Mr. McMILLON. Seems to me like he was along in here.

Mr. GRIFFIN. Would you put his name where Harrison was?

Mr. McMILLON. What did you say his initials are?

Mr. GRIFFIN. W. J.

Mr. McMILLON. W. J.

Mr. GRIFFIN. Now, you put an “X” there where you think Harrison was?

Mr. McMILLON. Yes. He was along in here. He was on out past this deal,
past this.

Mr. GRIFFIN. Did you see him there, oh, 5 minutes before Oswald was
brought down?

Mr. McMILLON. I don’t recall. I am sure that he was.

Mr. GRIFFIN. Do you have any recollection as to whether or not he took
up a position and generally held it in the same spot?

Mr. McMILLON. I am sure that he did because we had the line. It seemed
to me like it was a pretty orderly line of officers, in other words,
seemed to be pretty straight, in other words, this flank.

Mr. GRIFFIN. Uh-huh. Now, when Rio Pierce’s car went up the ramp, what
did you see happen?

Mr. McMILLON. Well, they had the red lights on.

Mr. GRIFFIN. And how far did you see him go up the ramp?

Mr. McMILLON. Well, I couldn’t see very far. I could see him right here
just starting up the deal, swinging up this way and starting up this
way. I can see him go up the ramp, but standing here, you can’t see up
very far.

Mr. GRIFFIN. Did you move out at all to see the car go?

Mr. McMILLON. No. I may have done like that to see who it was.

Mr. GRIFFIN. Looked around the corner?

Mr. McMILLON. But you can’t see from there up the ramp.

Mr. GRIFFIN. I see. Now, between the time that Pierce’s car went out
and Oswald was brought down, where did you look, what were you looking
at?

Mr. McMILLON. I was looking straight ahead, and I think I heard
somebody say, “Here he comes,” and naturally you become a little bit
more attentive or a little bit more rigid, I will say, but they hadn’t
left very long before they started bringing Oswald out.

Mr. GRIFFIN. Now, is it your understanding that you believed that the
three men, who you have marked here, Miller, you and----

Mr. McMILLON. Watson.

Mr. GRIFFIN. Watson were supposed, as Oswald got to them, to move out
sort of on the flank and move with them to the armored car?

Mr. McMILLON. Yes, just like, the way I had done, you know, just kind
of make, say, a left face and the ones on that side were doing the same
thing, and he would be walking between us. That----

Mr. GRIFFIN. I see.

Mr. McMILLON. That was my understanding.

Mr. GRIFFIN. Now, do you remember anybody specifically telling you this?

Mr. McMILLON. Captain Jones told us, you know, to form two lines on
both sides of him, form the barrier. The exact wording, I don’t know,
but form the barrier until they got the man in the car, and keep those
people away from him.

Mr. GRIFFIN. Now, did you see anybody come down into the basement at
any time while you were down there and ask if everything was all ready?

Mr. McMILLON. Come down that ramp?

Mr. GRIFFIN. No, no. Did anyone come down into the basement area to
determine if things were set up properly?

Mr. McMILLON. Well, the fact of what I know, the man that I heard came
right by me. I don’t know if he was speaking directly to me or not, but
I answered, “Yes, sir,” something to that effect. Still don’t know if
he was speaking directly to me or not, but it was Captain Fritz coming
out of the jail office followed by Leavelle, Graves, and Oswald.

Mr. GRIFFIN. When Captain Fritz spoke in your direction, that was the
first time, was it, that anybody that you can recall inquired as to
whether things were all set up?

Mr. McMILLON. Uh-huh.

Mr. GRIFFIN. Now, when Fritz--when Oswald emerged from that door, what
did Watson do?

Mr. McMILLON. I don’t know.

Mr. GRIFFIN. What did you do?

Mr. McMILLON. When Oswald came out of the door?

Mr. GRIFFIN. Yes.

Mr. McMILLON. Well, I was standing kind of like this.

Mr. GRIFFIN. You are standing----

Mr. McMILLON. Fritz comes right on by me.

Mr. GRIFFIN. You are standing with your back to the wall?

Mr. McMILLON. Right. They come out of the deal, right by me. Captain
Fritz, he had gone on by. Leavelle, he had gotten over to me. I glanced
over here.

Mr. GRIFFIN. You glanced to your right?

Mr. McMILLON. Yes. They had gotten slightly past me. I started pulling
out of my part of the barrier when they had gotten past. L. D.
Montgomery, detective in Homicide, was following Oswald and the two
detectives.

Mr. GRIFFIN. Now, do you remember why it was that you waited until
Oswald got ahead of you until you moved out?

Mr. McMILLON. I imagine that it was because there was still some people
who I recognized as part of his escort from the homicide bureau.
Montgomery, say for instance, he was guarding the rear of Oswald.

Mr. GRIFFIN. Well, was it your understanding that you were supposed to
be alongside of Oswald or were you supposed to wait until Oswald got
past you? Did you have any understanding?

Mr. McMILLON. My understanding was that, as they came on out and got by
us, we would form the two lines and keep the two lines intact until he
was placed in the car.

Mr. GRIFFIN. Was it your understanding----

Mr. McMILLON. Of course, I had to look to see if all of the procession
was through coming out.

Mr. GRIFFIN. Was it your understanding that this line that was forming
on the side of Oswald, was it your understanding that there was
supposed to be somebody up ahead of Oswald as well as behind him?

Mr. McMILLON. I didn’t know who from homicide would be with him.

Mr. GRIFFIN. You people, who were on the side, you flankers, so to
speak, were there any of you flankers supposed to be in front?

Mr. McMILLON. Not that I know of.

Mr. GRIFFIN. Were there any specific instructions that you were
supposed to be in front or behind?

Mr. McMILLON. Not that I know of.

Mr. GRIFFIN. Was there anybody that was supposed to be the leader in
this, that was supposed to turn and you were supposed to follow him?

Mr. McMILLON. Not that I know of.

Mr. GRIFFIN. I think maybe we can go most easily from here if I break
in a second. I am going to hand you a series of documents and----

Mr. McMILLON. All right.

Mr. GRIFFIN. And I am going to ask you to just go out into the hall and
read them.

(Recess.)

Mr. GRIFFIN. I am going to mark for the purposes of identification as
Exhibit 5017 a document, which is a copy of a report of an interview
held by FBI Agents Allen H. Smith and Tom E. Chapoton [spelling]
C-h-a-p-o-t-o-n, with you, Officer McMillon, on December 4, 1963. Have
you had a chance to read this?

Mr. McMILLON. Yes, I read it out in the hall a while ago.

Mr. GRIFFIN. Now, is there--are there any corrections or additions that
you would like to make in that interview?

Mr. McMILLON. No.

Mr. GRIFFIN. All right. Would you then sign on the page there that
I have marked the exhibit and date it, sign any place that it is
convenient?

Mr. McMILLON. Today is the 25th?

Mr. GRIFFIN. Yes, sir. Okay. Now, I am going to mark for the purposes
of identification a letter dated November 27, 1963, from you to Chief
Curry--this is a copy of a typewritten letter--and mark that, “Exhibit
5018, Dallas, Texas, Detective McMillon, 3-25-64.” Have you had a
chance to read that?

Mr. McMILLON. Yes.

Mr. GRIFFIN. And is that a true and accurate copy of a letter which you
sent to Chief Curry on that date?

Mr. McMILLON. I have corrected this letter. It was written on the
24th. It was typed, apparently, on the 27th. I don’t recall that date.
I am sure that is right, but it was written on the 24th, and at a
departmental interview, I gave a statement correcting two or three
points in this deal. Here where it says I recognized Detective Leavelle
on the prisoner’s left----

Mr. GRIFFIN. Yes.

Mr. McMILLON. I believe that is incorrect. He was on the prisoner’s
right, his left hand, in other words.

Mr. GRIFFIN. You want to draw a line? I will draw a line here through
the word “left.” I will draw a line out.

Mr. McMILLON. Okay.

Mr. GRIFFIN. I will draw a line out to the corner. Would you put in
“right,” and then would you indicate in parentheses, would you indicate
in parentheses that this was corrected in a later interview with
whomever it was?

Mr. McMILLON. Uh-huh.

Mr. GRIFFIN. If you would, put it out in the margin right after. Now----

Mr. McMILLON. Just one second.

Mr. GRIFFIN. Okay.

Mr. McMILLON. Okay. Now, this is correct. This is the way that I wrote
it on that date.

Mr. GRIFFIN. Now, let me ask you a few questions, Detective McMillon,
about this letter.

Mr. McMILLON. All right.

Mr. GRIFFIN. When did you first learn that you were going to
have--going to be asked to write a letter like this?

Mr. McMILLON. It was between 3:30 and 4 o’clock, Captain Nichols,
my bureau commander, instructed everybody from the automobile theft
bureau, who was on duty in the basement at the time, to write the
special report, and that is when I wrote this, which is this.

Mr. GRIFFIN. I see. You have here what appears to be a copy----

Mr. McMILLON. This is typed.

Mr. GRIFFIN. Of a handwritten? Now, would you indicate, then, on this
typed copy, which we have, where the date is, would you cross--was the
actual copy of the letter dated November 27?

Mr. McMILLON. I wrote it on the, 24th, and apparently this is when the
girl typed it, on the 27th.

Mr. GRIFFIN. Would you circle that date, “27th,” and indicate on there
that it was actually written by hand on the 24th?

Mr. McMILLON. All right, sir.

Mr. GRIFFIN. Detective McMillon, you have been good enough to bring
here with you a copy of this original handwritten letter. Can the
commission have this copy?

Mr. McMILLON. Not that one, but I am sure that it will be available to
you.

Mr. GRIFFIN. If we made a copy of this, had this copied and gave it
back to you, could we then retain it?

Mr. McMILLON. No. I would rather you get that from the department. That
is Captain Nichols’, a copy that he had in his office, but I am sure he
will give it to you.

Mr. GRIFFIN. I see. You don’t even want to let us copy it without
getting his permission?

Mr. McMILLON. Yes.

Mr. GRIFFIN. All right. Will you call him before you leave here and ask
him if we can copy this?

Mr. McMILLON. Sure. You can call him right now.

Mr. GRIFFIN. No. Let’s get on with it.

Mr. McMILLON. I want any permission to come from them. I don’t want the
responsibility of giving out departmental stuff.

Mr. GRIFFIN. I understand. You say that Captain Nichols told you to
prepare a report of what happened?

Mr. McMILLON. He instructed everybody to.

Mr. GRIFFIN. Now, have you--has any information come into your
possession or did you know at the time whether Captain Nichols was
acting on his own or whether other department heads had been instructed?

Mr. McMILLON. I didn’t know at the time when he instructed us if that
was his own or if he had been instructed to have us do same.

Mr. GRIFFIN. Now, is Captain Nichols the head of the auto theft bureau?

Mr. McMILLON. Yes, he is.

(Discussion off of the record.)

Mr. GRIFFIN. That was Assistant Chief Batchelor, and I asked him if
I could have permission to copy it, and he said “Okay.” Is that good
enough for you?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Let me do this right now. Let me take the copy of it and
give it to one of our girls and ask her to take it and get a copy of
it. Excuse me. Do you know, Detective McMillon, if people in any of the
other bureaus were asked to make reports on the 24th?

Mr. McMILLON. I don’t know. I am sure some of them were.

Mr. GRIFFIN. Uh-huh. Now, let me mark for identification a document
which purports to be the report of an interview conducted with you by
Special Agents George W. H. Carlson and Paul H. Scott of the Federal
Bureau of Investigation. I will mark this, “Dallas, Texas, Detective
McMillon, 3-25-64,” and this will be Exhibit 5019. Have you had a
chance, to read over what is marked Exhibit 5019?

Mr. McMILLON. Yes, I have.

Mr. GRIFFIN. And do you have any additions or corrections you want to
make in that?

Mr. McMILLON. No.

Mr. GRIFFIN. All right. Would you take these three exhibits? You have
signed the first one. Would you sign and date Exhibit 5018 and Exhibit
5019?

Mr. McMILLON. Where do you want them signed?

Mr. GRIFFIN. Any appropriate place where you have got space.

Mr. McMILLON. The reason I am looking through this--one second.

Mr. GRIFFIN. Yes.

Mr. McMILLON. See, there are two FBI reports, is that right?

Mr. GRIFFIN. Right.

Mr. McMILLON. And then the copy.

Mr. GRIFFIN. Of your report?

Mr. McMILLON. Yes. You are missing one copy, one other statement that I
made.

Mr. GRIFFIN. I am? Now, can you get a copy of that for us?

Mr. McMILLON. I don’t know if I can or not. The department has it. I am
sure it is available to us, because they had it during the trial.

Mr. GRIFFIN. Uh-huh.

Mr. McMILLON. It is in this statement that I corrected this other stuff
here in my original report.

Mr. GRIFFIN. It would be easier for us if you would go back to whoever
has custody of those, whoever has the responsibility for it, and then
ask if you can get a copy of it and ask if you can send it to us.

Mr. McMILLON. I will.

Mr. GRIFFIN. I am sure that you won’t have any difficulty getting it.

Mr. McMILLON. I don’t think so. I thought probably you would have it
attached to it. I am sure they probably still have that typed in court.
It is a typewritten report that I made to two lieutenants, department.
The third was wrote out; the second one was the two FBI agents; the
third one was the one you are missing; the fourth one is this FBI
report that you have.

Mr. GRIFFIN. I want to move away from the reports, go back to what
happened on the 24th. As I understand it from the reports that I have
marked here for identification, you remained with Ruby from the time
that he was brought into the jail office until about 3:30 in the
afternoon. Is that correct?

Mr. McMILLON. I was with Ruby from the time that I first grabbed an
arm out there and the scuffle followed; I was with him from that point
until about 3:30 in the afternoon, and during this time that I was
with him on the fifth floor until 3:30 in the afternoon, I was away at
different times for short intervals.

Mr. GRIFFIN. Now, when you got Ruby up to the fifth floor, was he
dressed?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Now, did there come a time when you searched him
thoroughly and undressed him?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Were you present during that time?

Mr. McMILLON. During part of that time.

Mr. GRIFFIN. Do you recall who else was present?

Mr. McMILLON. Detective Archer, Detective Clardy, some of the jail
personnel.

Mr. GRIFFIN. Now, were you present when his pockets were emptied out?

Mr. McMILLON. I believe that I was. I am not sure.

Mr. GRIFFIN. Do you recall whether or not he had a wallet on him at
that time or not?

Mr. McMILLON. I don’t recall definitely, but I don’t believe that he
did.

Mr. GRIFFIN. Try to think as best you can, now. What was--what do you
remember being taken off of his person at that time?

Mr. McMILLON. I know that there was some money. You mean in addition to
the clothing?

Mr. GRIFFIN. Yes, sir.

Mr. McMILLON. I know that he had some money on him; I know that he had
two post card deals on him, in his property at the jail, that had these
“Impeach Earl Warren” deals on them.

Mr. GRIFFIN. Two post cards?

Mr. McMILLON. Two pieces of paper. The best I remember, they were
pieces of paper.

Mr. GRIFFIN. Could they have been photographs?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Did you talk to him or did you hear anybody talk to him
about these photographs?

Mr. McMILLON. It came out later on in the conversation up in the jail,
I believe that he had gone out and photographed them, I believe, but
anyway he mentioned this Bernard Weissman, something that he had read
about a derogatory article that he had read in the paper, he had tried
to run that down.

Mr. GRIFFIN. Now, let me ask you this. Were you present when Agent Hall
of the FBI interviewed him?

Mr. McMILLON. Yes, part of the time. I was in and out for some short
intervals. Phone calls, we will say, rest room, away for things like
that.

Mr. GRIFFIN. Yes. Now, I don’t want you to tell me about anything that
happened right this moment while Hall was conducting the interview.
Now, were you also present when Sorrels----

Mr. McMILLON. When he first came up?

Mr. GRIFFIN. Yes.

Mr. McMILLON. Yes.

Mr. GRIFFIN. Now, I don’t want you to tell me anything right at this
point about what was said when Sorrels was there.

Mr. McMILLON. All right.

Mr. GRIFFIN. Were you there all of the time that agent--not agent but
Sergeant Dean was there?

Mr. McMILLON. No. I was away during one of those intervals. I was there
part of the time. I was there when Sorrels brought Dean up there.

Mr. GRIFFIN. Were you there when Dean left?

Mr. McMILLON. I am sure I was.

Mr. GRIFFIN. Were you there when Sorrels left?

Mr. McMILLON. Yes, I believe so.

Mr. GRIFFIN. Between the time that Sorrels left and the time Dean left,
did you leave at any time?

Mr. McMILLON. Yes. I was away during the time that Sorrels and Dean
were there with him. I had gone around to attend to some other
little detail. I didn’t hear what it was. I didn’t hear all of their
conversation. I heard part of it.

Mr. GRIFFIN. Did Dean and Sorrels leave together?

Mr. McMILLON. I don’t know whether they did or not.

Mr. GRIFFIN. I don’t want you to tell me anything that was said when
Dean was there or when Sorrels was there. Now, with reference to these
pictures and the Bernard Weissman statement, was that made--did you
hear him talk about that at any time when Hall, Dean or Sorrels were
not there? In other words, when was it that you heard them talked about?

Mr. McMILLON. I don’t know at what point during the day that it was.
There was so much conversation, I don’t remember at what point during
the day that that was.

Mr. GRIFFIN. All right. When his pockets were emptied, did people
immediately begin to question him about these items that were found in
his pockets?

Mr. McMILLON. We didn’t attempt to question the man or to interrogate
him at all; it was more in the line of conversation. What Clardy or
Archer or I had to say to him, it wasn’t in the form of interrogation,
it was in the form of conversation. We knew that it wasn’t our business
or place to try to. We felt we were there strictly for security.

Mr. GRIFFIN. Now, did you three, Archer, Clardy, and you, were you the
ones that stripped his clothes and took the property out of his pockets?

Mr. McMILLON. We assisted in it. There was some jailers assisting us,
too.

Mr. GRIFFIN. Now, when you removed the contents of his pockets, what
did you do with that material?

Mr. McMILLON. As best I remember, we gave it to a jailer. I recall that
a hat was sent up to the jail. I had lost mine during the scuffle. A
hat was sent up to the jail. They thought it was mine. I recall seeing
some of that property placed in his hat, but I can’t remember for sure.
I know it was turned over to authorized jail personnel.

Mr. GRIFFIN. It was turned over to some jailer?

Mr. McMILLON. Uh-huh.

Mr. GRIFFIN. Now, is that the normal procedure, when a man is stripped,
to turn it over to a jailer?

Mr. McMILLON. His property?

Mr. GRIFFIN. Yes.

Mr. McMILLON. Oh, yes.

Mr. GRIFFIN. Now, whose responsibility was it to fill out an inventory
at that point?

Mr. McMILLON. It would have been the jailer’s, and it was.

Mr. GRIFFIN. And you didn’t fill out an inventory on it?

Mr. McMILLON. No.

Mr. GRIFFIN. Do you remember if any keys were taken out of his pocket?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Did you examine those keys?

Mr. McMILLON. Not at this particular point. I can explain that right
now, if you want me to go into it.

Mr. GRIFFIN. Yes, I would.

Mr. McMILLON. Okay. Later in the afternoon, one of the lieutenants,
I believe it was, instructed me to take the keys from his property,
to meet, I believe, Lieutenant Smart and Lieutenant Swain with those
keys so they could get into his car. I took those keys and went to
where they had told me that I would find them. I believe it was on the
parking lot in front of the Western Union. I walked down there, and I
couldn’t find them. I returned to the jail, and I was later able to
determine that they had already gotten the car and had impounded it and
had taken care of that, so the keys weren’t needed, so I took the keys
back.

Mr. GRIFFIN. The keys that you had, was it clear to you that this key
chain had a car key on it?

Mr. McMILLON. Yes, I believe so. I am not sure, but I mean I am sure
that it was, whether I took it for granted or what, but I assumed that
there was a key on it that fit the car.

Mr. GRIFFIN. Did you talk with Ruby about whether there was a key on it
that fit the car?

Mr. McMILLON. I don’t recall. Possibly may have.

Mr. GRIFFIN. Did you have any information at the time you got a hold of
these keys as to whether the car was locked or unlocked?

Mr. McMILLON. I don’t remember that. It had come up in the conversation
some way that he had a dog in the car.

Mr. GRIFFIN. Now, how did that come up?

Mr. McMILLON. I don’t remember that, but maybe Jack asked us to take
care of his dog or something like that. I don’t know. I made no note of
it after I had found that they had impounded the car, that that matter
had been taken care of, and I felt like that ended our responsibility
or it was someone else’s responsibility, other than the three of us
remaining there as security there.

Mr. GRIFFIN. All right. Now, during the time that Dean and Sorrels
were present, was at least one of the other three of you, Archer,
Clardy, and you, present with Ruby?

Mr. McMILLON. Yes, I believe so, probably most of the time and probably
it would have been Archer more, because I was running about the jail
taking care of some of the details. I was away for short periods of
time, so I didn’t hear all of the conversation.

Mr. GRIFFIN. Now, when you--by the time Dean and Sorrels left, what
information did you have as to how Ruby had gotten into the basement?

Mr. McMILLON. They had already come out by then and had just walked
right straight down the ramp.

Mr. GRIFFIN. How did that come to your attention?

Mr. McMILLON. Let me see. Let me see those notes there. I believe I
have it in them. Refresh my----

Mr. GRIFFIN. That is a statement that you made on December 4?

Mr. McMILLON. That is the second.

Mr. GRIFFIN. Why don’t you look at your statement of the 24th?

Mr. McMILLON. We are still missing that fourth report. I believe it was
covered in there.

Mr. GRIFFIN. Well, now, that is a later report, but on the date of the
24th, when these things were fresh in your mind at 3:30, you didn’t
mention anything in your report, did you, about how Ruby got down the
ramp?

Mr. McMILLON. Just a second. No, sir; I didn’t mention it then.

Mr. GRIFFIN. Why was that?

Mr. McMILLON. Well, I couldn’t possibly have mentioned everything that
I knew about the deal here. I just didn’t mention it.

Mr. GRIFFIN. But you knew that was important, didn’t you?

Mr. McMILLON. No, sir; I didn’t think anything about it being important
at all at the time. I gave that information, I believe--this report was
written on Sunday--I gave it to them on Saturday, I believe, during the
departmental investigation.

Mr. GRIFFIN. In the meantime, had you talked with Dean?

Mr. McMILLON. With Dean?

Mr. GRIFFIN. Yes.

Mr. McMILLON. I don’t recall if I had or not. I don’t remember whether
I had seen him or not.

Mr. GRIFFIN. In the meantime, had you talked with Archer or Clardy?

Mr. McMILLON. Oh, yes; sure had.

Mr. GRIFFIN. There came a time, didn’t there, when Dean was under a lot
of pressure from the people in the police department?

Mr. McMILLON. I don’t know anything about that. Probably no more than
the rest of us. I don’t know. I think that Dean got misquoted or
something in the paper.

Mr. GRIFFIN. And the department conducted--directed particular
attention to that in part of their investigation, didn’t they?

Mr. McMILLON. I don’t know that that was what the investigation was
over or not.

Mr. GRIFFIN. Didn’t you know somewhere along the line that Dean might
possibly be in trouble?

Mr. McMILLON. No, sir; this article in the paper, I had heard all
different kinds of rumors. I had heard that the officer, who was
supposed to be the one that saw him milling around outside, was an
ex-police officer, the article in the paper.

Mr. GRIFFIN. There was an article in the paper that particularly quoted
Dean?

Mr. McMILLON. I haven’t seen the article. I understand that there was.

Mr. GRIFFIN. That is right. Now, were you present when Agent Hall
questioned Ruby?

Mr. McMILLON. Part of the time.

Mr. GRIFFIN. Were you there when Agent Hall questioned Ruby about how
he got down the Main Street ramp?

Mr. McMILLON. I may or may not have been. I don’t know. It seemed to
me like most of his conversation I recall Hall asking him there, I am
sure I already knew or had been told, but it seemed to me like Hall
was running a background information, background check. His questioning
seemed to be along that line.

Mr. GRIFFIN. Do you recall Hall asking Ruby how he got down the ramp?

Mr. McMILLON. I don’t recall.

Mr. GRIFFIN. Or how Ruby got in the basement?

Mr. McMILLON. I don’t recall Hall asking him that.

Mr. GRIFFIN. Let me say this. If you had heard this and Ruby gave
information to Hall that you say was different from what you say you
heard Dean get out of Ruby, you would have brought that to Hall’s
attention, wouldn’t you?

Mr. McMILLON. I probably would have, had I heard it.

Mr. GRIFFIN. If you had heard him say something different, you would
have brought it to his attention?

Mr. McMILLON. I am sure that I would.

Mr. GRIFFIN. In fact, any police officer would have done that, don’t
you think so?

Mr. McMILLON. Yes; I think so.

Mr. GRIFFIN. Now, isn’t it true that, as late as--well, strike
this--did you sign the typed copy, the original typed copy of Exhibit
5018?

Mr. McMILLON. Did I sign it?

Mr. GRIFFIN. Yes, sir.

Mr. McMILLON. Yes, sir.

Mr. GRIFFIN. So you saw that original typed copy after it had been
typed?

Mr. McMILLON. Yes, sir.

Mr. GRIFFIN. Now, on November 27 or----

Mr. McMILLON. Let’s back up just a second. You said did I sign the
original typed copy?

Mr. GRIFFIN. Yes, sir.

Mr. McMILLON. I am sure that I did. I thought you were referring to the
original handwritten, the one that I had written out in hand.

Mr. GRIFFIN. No.

Mr. McMILLON. I am pretty sure that I signed it.

Mr. GRIFFIN. It indicates that.

Mr. McMILLON. Yes.

Mr. GRIFFIN. Did you read it over before you signed it?

Mr. McMILLON. Oh, sure.

Mr. GRIFFIN. At the time that you signed that report, did you know that
there was an investigation being conducted in the police department as
to how Ruby got into the basement?

Mr. McMILLON. Sure did. I had already been interviewed by the FBI when
I signed this departmental report.

Mr. GRIFFIN. Now, if--and did you feel that the information, which
you say that you got, that you heard Ruby give Dean, did you feel on
November 27 that that was important information?

Mr. McMILLON. What was that again, sir?

Mr. GRIFFIN. I believe you stated before that you heard Ruby tell Dean
that he came down the ramp?

Mr. McMILLON. Yes, I heard Jack say that he came down the ramp.

Mr. GRIFFIN. All right. Now, at the time that you signed this report on
November the 27th, did you realize that such a statement from Ruby was
a matter of concern to the police department?

Mr. McMILLON. At the time that I signed those reports was just like
all of the rest of them. I realized that anything that I might know or
that I can remember might be of some value or of some significance to
anybody who was investigating it.

Mr. GRIFFIN. You certainly knew that any statement that Ruby made about
how he got down into that basement would be something that somebody
might want to know?

Mr. McMILLON. Yes.

Mr. GRIFFIN. You read that report over?

Mr. McMILLON. Yes.

Mr. GRIFFIN. And there is nothing in that report about Ruby having made
such a statement, is there?

Mr. McMILLON. This first one here?

Mr. GRIFFIN. Yes.

Mr. McMILLON. Let’s see. I don’t believe so. No, sir; I don’t see
anything.

Mr. GRIFFIN. All right. Now, you have had a chance to look over Exhibit
5019, haven’t you?

Mr. McMILLON. Yes, I have looked it over.

Mr. GRIFFIN. Now, did you tell the Secret Service agents, who
interviewed you at that time, about the statement----

Mr. McMILLON. I was never interviewed by anybody who was identified as
Secret Service agents.

Mr. GRIFFIN. I am sorry. FBI agents. Did you tell those FBI agents
anything about Ruby’s statement to Dean?

Mr. McMILLON. I told them about how he said he got into the basement.
I don’t believe they asked me about Dean, that Ruby told him down the
ramp.

Mr. GRIFFIN. What time did this interview take place?

Mr. McMILLON. Let’s see the date on this. This is the two agents that
came to see me on the 25th, that is on Monday?

Mr. GRIFFIN. Yes; do you remember what time of the day?

Mr. McMILLON. Yes; in the afternoon.

Mr. GRIFFIN. In the afternoon?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Had you talked to Dean between the time he left you and
that afternoon, the time you made that statement?

Mr. McMILLON. I don’t recall that I had, but I don’t believe that I did.

Mr. GRIFFIN. Did you know by the time you made this statement that Dean
had reported to somebody in the police department that he saw the man
come down the----

Mr. McMILLON. No; I didn’t know that at that time. I didn’t know
that Dean had allegedly said anything of that stuff then. People had
told me, after I had got off duty, this, that and the other. I heard
somewhere that Dean had been on an interview somewhere on television or
something, and that is as much as I knew. I don’t know. I don’t believe
that this article was out at the time. It possibly may have been. I
think this article came out a week or two later where Dean is supposed
to have said that he seen him. I believe it was some time later after
this, a week or so later after this.

Mr. GRIFFIN. Did you talk with either Archer or Clardy or anybody else
in the police department about this statement that Ruby made to you
between the time that Ruby made it and the time you gave that interview
with the FBI?

Mr. McMILLON. I don’t recall what the conversation was. Archer, Clardy,
and several more of us discussed the case, but Captain Nichols, about
the time we got in from the jail about 3:30, when we started writing
that report over there----

Mr. GRIFFIN. Yes, sir.

Mr. McMILLON. Captain Nichols’ instructions were for each of us to
write what we had been doing.

Mr. GRIFFIN. Uh-huh.

Mr. McMILLON. What we had been doing, facts about it, instructed us
not to talk to any other man about it, that he wanted each man’s own
report, which I wrote my own report. After I had written my report and
turned it in, there has been a lot of conversation about it. I have
discussed it with numerous people.

Mr. GRIFFIN. Did anybody from the homicide bureau question you about
the statement that Ruby made?

Mr. McMILLON. May have been, but I don’t remember when. Something about
I was supposed to sign an affidavit to them or something, but I don’t
believe I ever signed any affidavit to them, some fact that I was----

Mr. GRIFFIN. How soon after you heard this statement from Ruby were you
questioned by homicide detectives concerning that statement?

Mr. McMILLON. I don’t think I was ever to the point where we could say
questioned by them. It seems to me like one of them asked me in the
hall, “Did you hear him say so and so, did you hear this, that and the
other, could you testify to this, that and the other, did you hear
it?” It came up in a couple of days, but, as far as I know, I didn’t
sign an affidavit.

Mr. GRIFFIN. Did you testify at the trial?

Mr. McMILLON. Yes.

Mr. GRIFFIN. Did you testify about having heard this statement?

Mr. McMILLON. How he entered the basement?

Mr. GRIFFIN. Yes.

Mr. McMILLON. Okay. I believe you are going to be a little more briefed
on it when you get the fourth report. It is covered.

Mr. GRIFFIN. All right.

Mr. McMILLON. There is four reports, he only has three, but anyway that
is the statement that I made at this departmental investigation.

Mr. GRIFFIN. Let me hand you an exhibit marked 5015. That is something
you prepared, diagram, Commerce, Main, Pearl, and Expressway. Would you
sign that and date it? Let me hand you what has been marked as Exhibit
5020, which is a copy of a copy, which you provided us of your original
handwritten statement of November 24 to Chief Curry. Would you look
that over so you are certain that that is a true and accurate copy and
then, if you feel it is true and accurate, would you sign it and date
it? Would you prefer to do that out in the hall?

Mr. McMILLON. It won’t be but just a minute here.

Mr. GRIFFIN. Okay.

Mr. McMILLON. Okay.

Mr. GRIFFIN. Listen, Tom. I appreciate your coming up here.



TESTIMONY OF FORREST V. SORRELS

The testimony of Forrest V. Sorrels was taken at 1 p.m., on May 6,
1964, at 200 Maryland Avenue NE., Washington, D.C., by Messrs. Burt W.
Griffin, Leon D. Hubert, Jr., and Samuel A. Stern, assistant counsel of
the President’s Commission. Fred B. Smith, Deputy General Counsel, U.S.
Treasury Department was present.


Mr. HUBERT. Mr. Sorrels, my name is Leon Hubert. I will be taking your
deposition this afternoon, and so will Mr. Samuel Stern. We are both
members of the advisory staff of the General Counsel of the President’s
Commission, that is to say Mr. Rankin.

Under the provisions of Executive Order 11130, dated November 29, 1963,
the Joint Resolution of Congress, No. 137, and rules of procedure
adopted by the Commission in conformance with that Executive order
and that joint resolution, both Mr. Stern and I have been authorized
to take a sworn deposition from you, Mr. Sorrels. Of course you will
take an oath a little later on. Is it understood between us that this
statement of my authority and of Mr. Stern’s authority is sufficient
to carry for both depositions--in other words, it will be really a
continuation of the deposition by Mr. Stern on another area. Is that
understood?

Mr. SORRELS. Yes, sir.

Mr. HUBERT. Is it understood also that the oath you are going to take
will be applicable to the testimony elicited from you by me, as well as
that elicited from you by Mr. Stern?

Mr. SORRELS. Yes, sir.

Mr. HUBERT. I state to you now that the general nature of the
Commission’s inquiry is to ascertain, evaluate and report upon the
facts relating to the assassination of President Kennedy and the
subsequent violent death of Lee Harvey Oswald. In particular as to you,
Mr. Sorrels, the nature of the inquiry today is to determine what facts
you know about the death of Oswald and other pertinent facts which you
may know about the general inquiry.

Mr. Sorrels, you have appeared today by virtue of a verbal request made
by us at the direction of the General Counsel. Under the rules adopted
by the Commission, all witnesses are entitled to a 3-day written
notice prior to the taking of their deposition. But the rules also
provide that a witness may waive this notice. I ask you now if you are
willing to waive the 3-day written notice provided for by the rules of
the Commission.

Mr. SORRELS. Yes, sir.

Mr. HUBERT. All right. Then I will ask you to stand and be sworn. Do
you solemnly swear that the testimony you are about to give in this
matter will be the truth, the whole truth, and nothing but the truth,
so help you God?

Mr. SORRELS. I do.

Mr. HUBERT. Will you state your full name.

Mr. SORRELS. Forrest V. Sorrels.

Mr. HUBERT. How old are you, Mr. Sorrels?

Mr. SORRELS. Sixty-three.

Mr. HUBERT. Where do you reside now?

Mr. SORRELS. 3319 Hanover, Dallas, Tex.

Mr. HUBERT. What is your occupation?

Mr. SORRELS. Special agent in charge of the Dallas district of the
United States Secret Service.

Mr. HUBERT. Now, before I go any further, I should like the record to
show that Mr. Fred B. Smith----

Mr. SMITH. Deputy General Counsel, United States Treasury Department.

Mr. HUBERT. Is present--in what capacity?

Mr. SMITH. I guess observer on behalf of the Secretary of Treasury.

Mr. HUBERT. And Mr. Burt Griffin, also a member of the staff of the
General Counsel of the President’s Commission, is also present.

Now, Mr. Sorrels, I would like for you to state to us the general
background, your history, sort of a biographical sketch, if you will,
starting off with your education and on to date.

Mr. SORRELS. I was born in Red River County, Tex., on a farm, September
16, 1901; later moved to a little town nearby called Bogata, Tex. I
lived there until 1916, when my family moved to El Paso, Tex. I resided
there until 1935.

I went to El Paso High School and after graduation attended Draughon’s
Business College, taking typing and shorthand and bookkeeping. I then
went to work for a small wholesale grocery, worked there for only a
short time, and then went to work for a brick company, worked there a
very short time, and then obtained employment as a clerk in the office
of Bureau of Narcotics, Treasury Department, in El Paso, Texas.

Mr. HUBERT. What year was that, sir?

Mr. SORRELS. That was in 1922. I worked there for about a year and
went back to the brick company. I was only there a short time when
I learned of a clerical position in the office of the United States
Secret Service at El Paso. I later was employed in that position on
July 6, 1923. That was a two-man office, and I began very shortly after
employment there assisting and helping in investigative work.

In 1926, the special agent in charge was transferred from there, and
prior to that time I had been appointed as what was known at that time
as an operative, which is comparable to our special agent of today. He
transferred from there to Dallas about July of 1926, and I was left
as acting agent in charge of that office. In October that “acting”
was removed, and I continued there in the capacity of agent in charge
until 1935, when I was transferred to Dallas as special agent in charge
there. In 1936 I was transferred to New Orleans as acting supervising
agent of a newly created setup whereby the States of Texas, Louisiana,
and Mississippi were in what was known at that time as the Tenth
District.

In 1938, the headquarters office was moved from New Orleans to Houston.
In 1941 it was moved from Houston to Dallas. Subsequent to that time,
the organization of the 15 supervising agents was abandoned, and each
office reported direct into the headquarters office in Washington,
excepting a very few that were known as resident agency officers.

I have continued in that capacity as special agent in charge of the
Dallas district, and am so employed at the present time.

Mr. HUBERT. So that you have been special agent in charge actually of
the Dallas district since 1938.

Mr. SORRELS. Actually--it was in my territory since 1935, but the
office was moved back there in 1941, and I have been there ever since.

Mr. HUBERT. And you have lived there.

Mr. SORRELS. Yes, sir.

Mr. HUBERT. What does the Dallas territory now, under your
jurisdiction, and control, consist of?

Mr. SORRELS. Roughly it consists of the northern half of Texas,
exclusive of the territory west of the Pecos River. We have in the
Dallas district the entire northern judicial district of Texas, the
Waco division of the western district of Texas, the Tyler, Jefferson,
Texarkana, Parris, and Sherman divisions of the eastern district of
Texas.

Mr. HUBERT. By divisions, you mean divisions in the United States court
system?

Mr. SORRELS. That’s right.

Mr. HUBERT. How many men do you have?

Mr. SORRELS. At the present time we have six special agents besides
myself.

Mr. HUBERT. They all work out of Dallas?

Mr. SORRELS. Yes, sir. One special agent actually headquarters, so to
speak, in Fort Worth. He remains in that section most of the time.

Mr. HUBERT. Would you tell us something about your family.

Mr. SORRELS. I am married.

Mr. HUBERT. How long have you been married?

Mr. SORRELS. I have a daughter 16 years of age and a younger daughter
7 years of age. I have 2 children by a former marriage, a son who is a
captain in the United States Army and a daughter who is married to an
employee of the IBM Company in New York City.

Mr. HUBERT. How long have you been married to your present wife?

Mr. SORRELS. Since 1946.

Mr. HUBERT. Mr. Sorrels, Mr. Stern is going to take a deposition with
respect to security measures and other matters, I think, in regard to
the President. I am going to depose you with reference to a number of
matters concerning principally the security of Oswald after he was
arrested and until his death, and your activities with reference to
Ruby after he had shot Oswald.

Mr. SORRELS. Yes, sir.

Mr. HUBERT. Now, getting into the first matter, can you tell us what
you observed yourself of the security measures which were in effect and
actually operating with reference to Oswald after his arrest.

Mr. SORRELS. The first time that I saw Oswald was on the afternoon of
November 22 as he was coming out of Capt. Will Fritz’ office in the
Dallas Police Department on the third floor.

Mr. HUBERT. About what time was that?

Mr. SORRELS. The exact time I cannot give you, because I had been
working at a frantic pace. It was some time probably past the middle of
the afternoon. I had previously been informed by my office that Captain
Fritz had endeavored to locate me because he had a suspect in custody.
And when I arrived there, Captain Fritz was in his office, apparently
talking to the suspect, whom I determined to be Lee Harvey Oswald.

As he was being removed from the office, I told Captain Fritz that I
would like to talk to this man when an opportunity was afforded, and
he remarked “You can talk to him right now--just go right around the
corner there by the side of the office,” which I did.

Oswald was brought around and was seated there. There were a number of
other officers present, detectives, I think possibly some FBI agents,
and maybe some of my agents had come in in the meantime.

I started to----

Mr. HUBERT. Before you go into that, would you tell us about the
security measures that you observed with reference to protecting the
person of Oswald from the time you first saw him, say up until the time
you have reached now.

Mr. SORRELS. As far as I know, there was no one except authorized
officers in that particular area at that time. I did not see anyone
that I recognized to be other than an officer.

Mr. HUBERT. No news people in the corridor of the third floor?

Mr. SORRELS. I am talking about inside the office now. In the corridor,
that was an entirely different situation because there were cameras set
up, tripods, still photographers, photographers with cameras in their
hands, and newspapermen in large numbers in the hallways.

Mr. HUBERT. Well, now, for example, when Captain Fritz afforded you an
opportunity to speak to Oswald and indicated that you could do so at
a little office around the corner, did that mean that you had to pass
Oswald out of Fritz’ office, and through this third floor corridor,
where all the newsmen were gathered?

Mr. SORRELS. No, sir.

Mr. HUBERT. That was still within Fritz’ office?

Mr. SORRELS. Yes, sir; in other words, there was an office there, and
Captain Fritz had an office built within that office--just merely to
take him out of the door and right around the corner of his inside
office there.

Mr. HUBERT. Then you did interview Oswald.

Mr. SORRELS. I talked to him, started asking him questions, and he was
belligerent and arrogant in his attitude and he said to me, “I don’t
know who you fellows are, a bunch of cops.”

Mr. HUBERT. How long did you speak to him?

Mr. SORRELS. Not very long.

Mr. HUBERT. In point of time.

Mr. SORRELS. Not over--I don’t think over 10 minutes at the most.

Mr. HUBERT. Do you know what happened to him after that?

Mr. SORRELS. As far as I know, he was taken back to the jail.

Mr. HUBERT. Now, taking him back to the jail would involve passing him
out of Fritz’ office, through the corridor, and to the jail elevator,
is that correct?

Mr. SORRELS. That is correct; yes, sir.

Mr. HUBERT. Can you tell us what security precautions you observed with
reference to his person after he was out of Fritz’ office?

Mr. SORRELS. They of course had him handcuffed when they removed
him, and several detectives accompanied him as they left out, in
front--someone went ahead. And as I recall it there was at least one on
the side, and then some brought up the rear.

Mr. HUBERT. You did not go up to the jail?

Mr. SORRELS. No, sir; I did not.

Mr. HUBERT. Did you observe any system of identification of the people
who were on the third floor?

Mr. SORRELS. As I recall it, when I first went down there I had no
particular difficulty getting in, because most of the officers there
know me, from my years of being in that city. But subsequent to
that time I would have to identify myself many times. This was to
uniformed police officers that were on duty. And I would have to show
my commission book in order to get into Captain Fritz’ office, or else
get into the executive offices there, where the chief of police and the
deputy chief offices were located.

Mr. HUBERT. Did you observe any officers posted at the entrances to the
area, to the third floor area?

Mr. SORRELS. Yes.

Mr. HUBERT. Where were they?

Mr. SORRELS. By the elevator, and then there were uniformed officers at
Captain Fritz’ door.

Mr. HUBERT. Did you observe them requiring identification by other
persons? I mean you described how they required you to identify
yourself. Did you notice whether they did so with other people, and if
so, what did they do?

Mr. SORRELS. I cannot say that I did, because usually when I get
through identifying myself, I either went to the executive suite, where
the chief’s office was, or right direct to Captain Fritz’ office. But
on a number of occasions, the officers that were on duty there, before
I can get my commission book out, some of the newsmen or photographers
there that knew me would say, “He is Sorrels of the Secret Service.”
I, upon being recognized and identifying myself, would be admitted.
Some of the officers on duty there of course after the second or third
time they would recognize me, and I would have no difficulty getting
in. But I cannot say that I saw anyone else being required to identify
themselves, because I did not hang around the places where the officers
were.

Mr. HUBERT. Would you say that the security conditions that you just
described were in effect for the entire period of November 22 through
November 24--that is, on the third floor?

Mr. SORRELS. Captain Fritz’ office definitely yes--going into his
office. I do not recall having to identify myself to get onto the third
floor on the 22d when I first got down there. But subsequent to that
time, I do recall having to identify myself almost every time I went up
there.

Mr. HUBERT. What was the general condition of the third floor area from
point of personnel, equipment, and so forth?

Mr. SORRELS. I guess you could term it more or less deplorable, because
of the fact that they had so many cameras with tripods and cables and
wires and photographers and reporters that you would have to step
over tripods and wires and almost elbow your way to get in and out of
the place. And every time you would come out of it--Captain Fritz’
office--they would turn on those bright lights, and you would have to
shield your eyes almost to keep from being temporarily blinded.

Mr. HUBERT. Do you mean--that last condition you described took place
when anybody came out of Fritz’ office, or when they came out with
Oswald?

Mr. SORRELS. No--I would not say just anybody, but many times when I
would start out, the minute they would see anyone coming out of the
door, they would turn the lights on, I guess to be prepared in case
Oswald or anyone else that they wished to photograph would come out.

Mr. HUBERT. During the period that we are talking about, that is, say,
from the arrest of Oswald the first time you saw him until the 24th, I
take it that you observed Oswald being moved from Captain Fritz’ office
to the jail elevator at least quite a number of times.

Mr. SORRELS. I can only recall two times, I believe. The first time is
when he was taken out of Captain Fritz’ office on the afternoon of the
22d. Then there were two other occasions I knew of when he was brought
back into Captain Fritz’ office and when he was taken out. I remember
that many times. In other words, about three going out and two coming
in I can definitely recall.

Mr. HUBERT. Well, do you recall that while he was being so moved on any
one of those occasions, that he was addressed by the press or questions
asked him, or remarks made to him?

Mr. SORRELS. No, because the time that I saw him he was in Captain
Fritz’ office or being removed from his office. I never saw him in the
hallway that I can recall.

Mr. HUBERT. Well, I thought you had mentioned a little while ago that
on the first occasion you did observe him--after you had interviewed
him for about 10 minutes--you did observe him move out of Fritz’ office
and go to the elevator.

Mr. SORRELS. I think your question, as I understand it, sir, was that
he was removed from Captain Fritz’ office to the elevator. I did not
see him taken down the hallway.

Mr. HUBERT. I see; I did misunderstand you.

Mr. SORRELS. Sorry.

Mr. HUBERT. So you do not know really whether or not any news media or
any other people asked him questions and made remarks to him while he
was going from Fritz’ office to the elevator.

Mr. SORRELS. Not of my personal knowledge; no, sir.

Mr. HUBERT. Could those news people see into Fritz’ office from the
hallway?

Mr. SORRELS. They could see into the outer office, but they could not
very well see into his office unless they actually came inside the
office within which his office is located. You have got one door that
faces on the west side of the office, and then Captain Fritz’ there
faces north. So that it would be a question of someone might see just a
corner portion of his office from the hallway door, which is glass at
the top, but they would not be able to see anyone sitting, for example,
where Oswald would have been sitting at the time that I saw him in
Captain Fritz’ office.

Mr. HUBERT. In other words, there was a glass door to what might be
called the outer office of Captain Fritz’ office.

Mr. SORRELS. That’s right.

Mr. HUBERT. But the inner office, while it had a glass door, it did not
face on an area in which the press was located.

Mr. SORRELS. That’s right. It also had Venetian-type blinds on the
doors, and the other part of his office was glass from the upper part.

Mr. HUBERT. While you were up there at any time during the period we
are talking about, did you ever observe anyone known to you to be a
civilian who was not either a police officer or connected with the news
media in some way?

Mr. SORRELS. No; I do not; well, I will take that back. You are talking
about when Oswald was around?

Mr. HUBERT. Well, yes. But also I want to broaden it to any time.

Mr. SORRELS. The reason I asked that question is that Jack Ruby’s
sister was in his office with another lady after Ruby was in custody,
and at that time they were in there with Mr. Jim Underwood from radio
station KRLD who was trying to make arrangements for Ruby’s sister to
get up in the jail to see him. But prior to that, I do not know, sir.

Mr. HUBERT. Now, were you present at a meeting at which the news media
were present and Oswald was brought into an assembly room, in which the
news media were assembled?

Mr. SORRELS. I was present when Oswald was brought into what is called
the lineup room, which is also the assembly room. They have the lineup
section at one end of it. That was on the evening of November 22. At
that time it was my request, because a witness who had been interviewed
by me, and who had seen the person fire the third shot from the
window of the Book Depository Building, I had gotten in touch with
him through one of our agents, and he was brought down there for the
specific purpose of being able to see Oswald, because when he was first
interviewed by me he stated that he thought he could identify him.

Mr. HUBERT. That was in fact, however, a true lineup for the purpose of
identification.

Mr. SORRELS. I am sorry--I did not understand the question.

Mr. HUBERT. I said that was a true lineup for the purpose of
identification.

Mr. SORRELS. Yes, sir.

Mr. HUBERT. I was speaking of another meeting where the assembly room
usually used for the lineup was used to give the press an opportunity
to see Oswald.

Mr. SORRELS. I was not present. That is the only time I saw Oswald in
the lineup.

Mr. HUBERT. Were you aware at any time on the 22d of the concern
expressed by Mr. J. Edgar Hoover in regard to the security of Oswald,
and allegedly transmitted to the Dallas people?

Mr. SORRELS. No, sir.

Mr. HUBERT. Did you become aware of that later?

Mr. SORRELS. I do not recall ever having heard anything to that effect.

Mr. HUBERT. Even now you do not?

Mr. SORRELS. No, sir.

Mr. HUBERT. Did you know Jack Ruby at all?

Mr. SORRELS. Not before this incident took place; no, sir.

Mr. HUBERT. You did not even know he existed?

Mr. SORRELS. No, sir. As a matter of fact, when I first heard Oswald
had been shot, I understood the name to be Jack Rubin, and in my
first report to my headquarters office I gave them the name of Jack
Rubin--R-u-b-i-n, an operator of a nightclub. That is the first
information I got. I just misunderstood the pronunciation of the last
word.

Mr. HUBERT. I think I have already asked this question in a general
way--that is to say, you have covered the area in a general way. But I
think for the record I should make it more specific.

You have now come to know a man by the name of Jack Ruby, to the extent
that you could recognize him, I suppose.

Mr. SORRELS. Yes, sir.

Mr. HUBERT. Can you tell us whether you saw him in or about the police
department building at any time after the President was shot, and until
Ruby shot Oswald?

Mr. SORRELS. I have no recollection of having seen a man whom I know
now to be Jack Ruby before I saw him in the Dallas City Jail on the
fifth floor.

Mr. HUBERT. Now, we can pass, I think, for my purposes--and mind you,
Mr. Stern might cover some of these areas again, but this is the way
this is being handled.

You did see Oswald, I think, on Sunday morning, November 24?

Mr. SORRELS. Yes, sir.

Mr. HUBERT. Could you tell us where and at what time?

Mr. SORRELS. That was in the office of Capt. Will Fritz of the homicide
division of the Dallas Police Department. It was somewhere around 11
o’clock in the morning, and he was removed from Captain Fritz’ office
at approximately I guess about 11:15.

Mr. HUBERT. What was the purpose of your interviewing him that morning?

Mr. SORRELS. We, of course, were interested in any statement that
Oswald might make relating to any phase of the assassination of the
President. Particularly, I was interested in trying to obtain an
admission from him that he had used the name of A. Hidell as an alias,
because information had been developed that he had purchased the rifle
which was found on the sixth floor of the Book Depository under the
name of A. Hidell.

There was a change of address card which he had filed in New Orleans,
as I recall it, on which it was shown that persons to receive mail at
the address given, the name of A. Hidell appeared. And after Captain
Fritz got through questioning him on the morning of November 24, he
asked if any of the officers present in the room desired to ask him any
questions. And I said, “Yes; I would like to ask him a question.”

In the meantime, Chief of Police Jesse Curry had come to Captain Fritz’
office, and inquired about the delay in moving him out. And Captain
Fritz informed that he was still talking to him.

Mr. HUBERT. Captain Fritz informed----

Mr. SORRELS. Informed Chief Curry----

Mr. HUBERT. That he was or you were?

Mr. SORRELS. That he was. And a very short time after that is when I
had an opportunity to ask Oswald some questions. I showed Oswald the
change of address card----

Mr. HUBERT. Let me ask you this: Was your interrogation of him cut off,
as it were, by the transfer?

Mr. SORRELS. By the transfer?

Mr. HUBERT. Yes.

Mr. SORRELS. No.

Mr. HUBERT. Had you finished with him?

Mr. SORRELS. I had finished----

Mr. HUBERT. As to that point?

Mr. SORRELS. As to that point; yes, sir.

Mr. HUBERT. As a matter of fact, you would have had access to him, I
think, at the county jail, anyhow, would you not?

Mr. SORRELS. I had certainly planned on having access to him, and I
am sure I would have. As a matter of fact, I had in my mind to start
talking to him that afternoon.

Mr. HUBERT. What I wanted to clarify is whether or not your effort to
interrogate him was interrupted. But I gather that it was not.

Mr. SORRELS. No, I would say not. Possibly, had he remained there, I
might have attempted to ask him more questions. But he was not giving
out much information.

Mr. HUBERT. Well, now, during the whole time that Oswald was in
custody of the Dallas Police Department, did you find that any
obstacles or hindrances were put in your way of examining him?

Mr. SORRELS. No, sir; except had he been in our own custody, there
would have been a chance to have questioned him without others being
present, or so many others being present.

Mr. HUBERT. At the time that you were in Fritz’ office, on November 24,
did you hear any plans discussed for the transfer of Oswald?

Mr. SORRELS. No; I did not say that I heard anything about any plans.
I do recall that Oswald requested to have some of his clothes brought
down there, because his shirt that he had on when he was arrested had
been taken from him, I think, for laboratory examination. And Captain
Fritz sent and got some of his clothes, and he selected kind of a
sweater-type----

Mr. HUBERT. But you did not hear the officers of the Dallas police
force discussing the method of transportation and the security measures
that they had planned and put into operation?

Mr. SORRELS. Yes; I did hear a part of it, I recall now. There was some
suggestion about transporting him in an armored car. Captain Fritz
objected to that because of--one reason that I recall was what effect
it might have in his trial, that that might prejudice the prosecution
by him being transported in an armored car, which is not of course
ordinarily used in the transportation of prisoners in that area.

Another thing that I recall is that Captain Fritz thought that the
armored car would be a bit cumbersome and it would not be able to
maneuver as easily as a car. And it was his desire to take him in a
police car with escorts.

Mr. HUBERT. Did you hear anyone suggest that the plan then proposed,
and ultimately carried out in part, at least, should be changed so as
to bypass the press, as it were?

Mr. SORRELS. No; I did not. At that time there was no way to bypass
them, because they were out in the hall. As I had come to the building,
I even noticed cameras down in the basement of the city hall there.

Mr. SMITH. Could I interrupt just a second, sir. I may be completely
wrong about this, but wasn’t there something about the time of
transporting him?

Mr. SORRELS. Yes. As I understand it, some of the reporters had
inquired of Chief Jesse Curry as to whether or not he was going to
transport him to the county jail on the night of November 23.

Now, this is hearsay, that the reporters wanted to be relieved so
they could get some sleep if he was not going to be transported that
night--they would go home and get some rest.

Chief Curry himself told me that he had said something to this effect,
“Go on home and get your sleep, there won’t be anything doing before 10
o’clock tomorrow morning.”

As I recall, I think the newspapers then published the fact that he
would be moved at 10 o’clock in the morning, or words to that effect.

Mr. SMITH. I just wanted to get the full story, because I remembered
him having mentioned something about this. I do not know whether it is
important.

Mr. HUBERT. Well, in that connection, had you heard that the FBI had
received an anonymous phone call from someone advising that an effort,
by a group of men, would be made to kill Oswald?

Mr. SORRELS. I do not recall that I had heard any such report at that
time. I did hear that there had been an anonymous call come into the
police department that someone would try to kill him when they removed
him, or words to that effect. But that, I believe, was subsequent to
the time he was actually shot. I do not recall that morning of having
heard anything about that. And I definitely did not hear anything about
a group. I remembered something about it later on, but I never heard
anything about it at that time.

Mr. HUBERT. Did you hear of any plans made as to the actual route that
would be followed in transporting Oswald?

Mr. SORRELS. Not before Oswald was shot.

Mr. HUBERT. Do you know why, from anything you knew then, or have
learned since, the cameramen and so forth were all congregated in the
basement area?

Mr. SORRELS. Would you read that question again?

Mr. HUBERT. What I am trying to get at is this: You testified a moment
ago that when you came in you saw all the press people with their
cameras and so forth in the basement area.

Mr. SORRELS. Not all of them. I said I saw some down there.

Mr. HUBERT. Which would indicate that they either had guessed or had
somehow become aware that--that would indicate that they either had
guessed or had somehow become aware that that would be a point on the
route to be taken at which they could get pictures. And I was wondering
if you had heard anything prior to that time about the route, or had
you heard that these people had been informed of the route?

Mr. SORRELS. No; nothing about the route. The basement is used by the
police generally. They have a passageway which comes from Main Street
down into the basement, and then the exit continues on out to Commerce
Street, and the police cars that bring prisoners in use the basement.
In other words, they drive the car right down to the basement, and the
actual receiving office, the receiving office for the jail is on the
basement floor.

Mr. HUBERT. Do you recall ever having spoken to either Curry or some
other member of the police department about the possibility of moving
Oswald in a way other than that which was planned?

Mr. SORRELS. When I heard that they were supposed to take him out at
10 o’clock--that was the announcement and so forth on the radio and in
the papers--I remarked to Captain Fritz that if I were he, I would not
remove Oswald from the city hall or city jail to the county jail at
an announced time; that I would take him out at 3 or 4 o’clock in the
morning when there was no one around.

Mr. HUBERT. Do you know when you told that to Fritz?

Mr. SORRELS. That was on the Sunday morning, before he was removed.

Mr. HUBERT. Did you tell that to any other person?

Mr. SORRELS. No.

Mr. HUBERT. Was any other person present when you told that to Fritz?

Mr. SORRELS. No; not that I recall.

Mr. HUBERT. What caused you to give that advice to Captain Fritz?

Mr. SORRELS. The importance of the prisoner, to my mind, was such that
in order to remove the opportunity for some crackpot or anyone who
might feel inclined to try to kill the prisoner, if the removal was
made more or less unannounced or in secret, that those opportunities
would have been at least lessened to a great degree.

Captain Fritz said that Chief Curry did not want to--let’s reverse that
just a bit--that Chief Curry wanted to go along with the press and not
try to put anything over on them; or words to that effect.

Mr. HUBERT. Did you gather from what Fritz told you that the reason why
your suggestion was not acceptable was that Fritz at least thought that
captain--that Chief Curry did not want to break his word, as it were,
to the press?

Mr. SORRELS. I didn’t consider it so much as breaking his word as I
would that he did not want to tell them one thing, or in other words,
move him out without the press being aware of the fact--let’s put it
that way. That was my impression.

Mr. HUBERT. What time was it, about, do you know, that you made that
suggestion?

Mr. SORRELS. That was pretty close to 11:15 in the morning, just a
short time before they got ready to move him.

Mr. HUBERT. You do not know, do you, whether he conveyed your thought
to Chief Curry?

Mr. SORRELS. No; I do not. I doubt that he did, because Chief Curry had
left Fritz’ office at that time, as I recall it.

Mr. HUBERT. Do you remember about what time it was when the Oswald move
began from Fritz’ office?

Mr. SORRELS. It was shortly after 11:15 in the morning, as I recall it.
In other words----

Mr. HUBERT. Did you go down with the party carrying him down?

Mr. SORRELS. No, sir; I did not. Inspector Kelley and I went to the
office of Chief Batchelor, which is also on the third floor, and on
the south side of the building, on the Commerce Street side, and we
were observing the people across the street from the city hall, as
apparently they had been moved over there by officers on duty down
below. And we just saw several people over there that were apparently
waiting for an opportunity to see them take the prisoner out.

Mr. HUBERT. When you arrived at Chief Batchelor’s office, at the point
you have just described, to wit, the windows looking out on Commerce
Street, do you know whether Oswald had been shot?

Mr. SORRELS. No; I don’t think so, because that was immediately--in
other words, when they took Oswald out, I went right on down to the
chief’s office, that is right on the same floor. And we were there for
a few minutes before we heard that he had been shot.

Mr. HUBERT. But the Oswald party left Fritz’ office before you and Mr.
Kelley did?

Mr. SORRELS. I am rather positive that he was taken out before I left,
yes; because I remember about bringing the clothes in there, and Oswald
selecting, I think, a sweater or something like that. I actually have
no independent recollection of seeing him going through the door or
anything like that. He could have been there when we walked out. But
it is my impression that he was taken out and shortly thereafter Mr.
Kelley and I went to Chief Batchelor’s office.

Mr. HUBERT. Did that involve walking a distance on the same floor of
about how many feet?

Mr. SORRELS. Oh, possibly a 100 feet, 110, something like that. Captain
Fritz’ office is not at the entirely opposite end of the building, but
Chief Batchelor’s office is. You go into the executive area there, and
you cut over to the left-hand corner, and Chief Batchelor’s office is
in the corner.

Mr. HUBERT. How did you first learn that Ruby had shot Oswald?

Mr. SORRELS. One of the police officers that was on duty in the
executive area there told us that Oswald had been shot in the
basement--in the stomach, as I recall it.

Mr. HUBERT. You were still in Batchelor’s office at the time you were
told that?

Mr. SORRELS. I think we were right outside the office, in the area
there. I do not believe we were actually in his office at that
particular time. I think we had stepped outside there. And that I do
not think was over, oh, I would say a maximum of possibly 10 minutes,
from the time we left Captain Fritz’ office to go to Chief Batchelor’s
office.

Mr. HUBERT. Prior to the time that this policeman advised you that
Oswald had been shot, did you notice any commotion or anything to
indicate something wrong going on on Commerce Street?

Mr. SORRELS. No, sir.

Mr. HUBERT. Well, you were standing at the window looking down, as I
understand it, on the scene on Commerce Street, waiting actually to see
the procession go out. But this officer told you this at the entrance
to Batchelor’s office?

Mr. SORRELS. Yes. I was not at the window at that time.

Mr. HUBERT. You had moved away?

Mr. SORRELS. We had walked away from the window, I think, just killing
time, I guess. And we were actually in the--outside of Batchelor’s
office, but in that area there.

Mr. HUBERT. All right. What did you do?

Mr. SORRELS. I immediately rushed down to the basement.

Mr. HUBERT. How did you go--by what route?

Mr. SORRELS. I grabbed an elevator, as I recall it.

Mr. HUBERT. Public elevator or the jail elevator?

Mr. SORRELS. No; a public elevator--and got down to the basement
floor, and I headed right into the jailer’s office. And at that time
Oswald was laying on the floor and someone was giving him artificial
respiration.

Mr. HUBERT. By mechanical means?

Mr. SORRELS. No; by hand. I recall seeing his stomach was uncovered,
his shirt was pulled up like that, and the man apparently was over him
giving him artificial respiration by his hands.

I went to a telephone, which is in the jail office there, up against
the wall, and called my headquarters office and told Deputy Chief
Paterni that Oswald had been shot by a man named Jack Rubin--that is
how I understood it at that time--who operated a nightclub, and that
was all the information I had at that time.

Mr. HUBERT. Now, Mr. Paterni was in Washington?

Mr. SORRELS. Yes.

Mr. HUBERT. That was a long-distance call?

Mr. SORRELS. Yes, sir.

Mr. HUBERT. Do you know what time the call was made, did you use a
direct line?

Mr. SORRELS. No; I called it on the security phone, which we use in
connection with matters pertaining to the protection of prisoners. In
other words, the Signal Corps--

(Witness provided telephone number.)

Mr. HUBERT. And you can use that on any telephone?

Mr. SORRELS. Yes.

Mr. HUBERT. Is that a security matter?

Mr. SORRELS. I beg your pardon?

Mr. HUBERT. Is that a security matter, that telephone number?

Mr. SORRELS. Yes--Signal Corps.

Mr. HUBERT. I think the record should show that the witness stated the
number that was called, but that we are not going to have it as a part
of the record because it is a security matter.

You, Mr. Reporter, will delete the number from the transcript.

What I was trying to get at is have you ascertained at what time that
call was made?

Mr. SORRELS. No; I have not.

Mr. HUBERT. Would it be possible to do so?

Mr. SORRELS. I could not answer that question, because I do not know
what records are kept.

Mr. HUBERT. Does it go as a long-distance call?

Mr. SORRELS. A long-distance call collect; yes.

Mr. HUBERT. Then the telephone company probably would have a record of
it?

Mr. SORRELS. Possibly so. It is my understanding that at that time they
were not actually making any record of calls--they were coming in so
fast, the employees of the telephone company told me those calls--they
put people through and were not concerned about time.

Mr. HUBERT. Was this done by direct dialing or through the operator?

Mr. SORRELS. Through the operator.

Mr. HUBERT. And it was a collect call?

Mr. SORRELS. Yes.

Mr. HUBERT. It would have to be charged to the government?

Mr. SORRELS. If it was recorded; yes, it would be, to that particular
phone.

Mr. HUBERT. I wonder if you would be so kind as to undertake to
ascertain for us if there exists a record on that point, because, as
you know, we are interested in very narrow areas of time here.

Mr. SORRELS. I would say this--that the time can be established within
a matter of a very few minutes, because Oswald was still on the floor
and had not been removed to the hospital at the time.

Mr. HUBERT. That is right.

But you see, I have estimates of time from other people, and I want to
see how it conforms. And therefore, to tie it in, could you give us
your estimate of how many minutes or parts of minutes elapsed between
the time you made your call, you initiated it, and the time that Oswald
actually moved out?

Mr. SORRELS. That I cannot tell you, because I was not there when he
was moved out. I left then that area as soon as I made that call.

Mr. HUBERT. He was still in the area when you made the call?

Mr. SORRELS. Yes, sir.

The call went through very quickly. And I left that area then and went
back to Captain Fritz’ office, because I was interested in talking to
the man who had shot Oswald as quickly as possible.

Mr. HUBERT. Now, when you went down there to the jail office and saw
Oswald, as you testified, and made the call, was Jack Ruby there?

Mr. SORRELS. I did not see him.

Mr. HUBERT. You did not?

Mr. SORRELS. No, sir.

Mr. HUBERT. To your knowledge, he had already been removed?

Mr. SORRELS. That is correct; yes, sir.

Mr. HUBERT. Now, how did you get up to Fritz’ office?

Mr. SORRELS. I went back up the elevator, the regular public elevator,
and went to his office and inquired of Captain Fritz, and I was
informed that he was not there, that he had gone to the hospital. I
then asked him where was Jack Rubin.

Mr. HUBERT. That is to say, you had been informed at that time that the
last name of Jack Ruby was Rubin, R-u-b-i-n?

Mr. SORRELS. I still--as far as I knew, it was R-u-b-i-n, because that
is the way I gave it. I asked him where he was, and they said he was on
the fifth floor. And I said I would like to talk to him. And----

Mr. HUBERT. Who did you say that to?

Mr. SORRELS. I do not recall who it was--some of the detectives down
there.

Mr. HUBERT. In Fritz’ office?

Mr. SORRELS. In Captain Fritz’ office; yes. And Officer Dean was
instructed to take me up to where he was.

Mr. HUBERT. Who instructed Dean to do that?

Mr. SORRELS. The same officer I was talking to--I don’t remember who it
was, but someone apparently----

Mr. HUBERT. Did you know Dean prior to that time?

Mr. SORRELS. No; I cannot say that I did. So----

Mr. HUBERT. Where was Dean?

Mr. SORRELS. That was in the detective office, Captain Fritz----

Mr. HUBERT. What was he doing?

Mr. SORRELS. I don’t know what he was doing.

Mr. HUBERT. In any case, the same officer to whom you made inquiry
concerning where Captain Fritz was and where Ruby was, that officer
directed Dean, who was in Fritz’ office, to take you up?

Mr. SORRELS. That is right.

And we walked out then in the hallway to the jail elevator. Now, that
is a different one from the one I came to Fritz’ office in. And I was
taken to the fifth floor, and there I saw Ruby, whom I later found out
to be Ruby, standing there with, as I recall it, two uniformed police
officers. And I introduced myself to him, showed him my credentials,
and told him that I would like to ask him some questions.

Mr. HUBERT. Now, was this a cell, or what sort of a room was it?

Mr. SORRELS. It wasn’t what you would call a cell, but the
elevator--you had to open up a door with bars on it to get into the
area there. And----

Mr. HUBERT. How large a room was that?

Mr. SORRELS. It wasn’t very large, as I recall it.

Mr. HUBERT. Can you give us something by way of dimensions in feet?

Mr. SORRELS. I would say in width it was probably about, oh, 6 or 7
feet wide. Now, as to length, I would not be able to say exactly how
long it was, because I was not interested in the size of the room or
anything at that time, and I paid no attention to it.

Mr. HUBERT. Were there tables and furniture and chairs in it?

Mr. SORRELS. No; nothing.

Mr. HUBERT. Nothing at all?

Mr. SORRELS. No; nothing. He was standing there. He only had his shorts
on. His clothes had been removed.

Mr. HUBERT. Did Dean go into that room with you?

Mr. SORRELS. Yes.

Mr. HUBERT. So that there were you and Dean and Ruby in the room?

Mr. SORRELS. Yes.

Mr. HUBERT. And you mentioned there were two other officers?

Mr. SORRELS. As I recall it, there were two uniformed police officers
there.

Mr. HUBERT. Do you know who they were?

Mr. SORRELS. No; I do not.

Mr. HUBERT. Now, to get it clear--I do not mean if you knew who they
were at the time, but do you now know who they were?

Mr. SORRELS. No; I do not know who they are now.

Mr. HUBERT. And there were only those two?

Mr. SORRELS. There were possibly some other officers came in. I do not
recall that they were there at the time we got there, but there might
have been others came in. As I recall, there was somebody behind me. I
wasn’t interested in them. I was only interested in talking to this man
as quickly as I could.

Mr. HUBERT. Before we get into the details, can you tell us how long
this interview with Ruby lasted?

Mr. SORRELS. I would say possibly not over 5 to 7 minutes, not very
long.

Mr. HUBERT. What brought it to an end?

Mr. SORRELS. I had gotten the information that I desired at that time,
and was anxious to get it back into Washington, because I had been
asked to get as much information as I could quickly, and get it back to
them up there, something about his background, who he was and so forth.

Mr. HUBERT. So that during that interview, which lasted approximately
5 to 7 minutes, your thought is--you know that there was Dean and
yourself and Ruby, and you also know that there were two other officers
whose names you do not know even now, and you think that there might
have been one or more others who came in?

Mr. SORRELS. Yes--in plainclothes. I don’t recall any other uniformed
officers there.

Mr. HUBERT. And you do not recall, I suppose, or do not know now the
names of any of those other people who might have come in?

Mr. SORRELS. No; I could not tell you who they were at all.

Mr. HUBERT. Now, I think you have made a report of that interview, and
a later one, and we will offer that in evidence a little later.

But I would like to ask you now if Ruby made any statement to your
knowledge at that time, and that is the first interview you had with
him, concerning whether he had been in the assembly room on the night
of the 22d when Oswald was brought in so that the press could observe
him?

Mr. SORRELS. Not at that time; no, sir. He did later.

Mr. HUBERT. Did he at that time, the first interview, indicate
anything, or say anything which would indicate what his motive or
reason for his act was?

Mr. SORRELS. Yes; and I might say that it was at that time that I found
out his name was Ruby in place of Rubin, and he informed me his name
had formerly been Rubinstein, and that he had had his name changed in
Dallas.

I asked him--after I identified myself, I told him I would like to ask
him some questions.

He said, “For newspapers or magazines?”

I said, “No; for myself.”

He appeared to be considering whether or not he was going to answer my
questions, and I told him that I had just come from the third floor,
and had been looking out of the window, and that I had seen Honest
Joe, who is a Jewish merchant there, who operates a second-hand loan
pawn shop, so to speak, specializing in tools, on Elm Street, and who
is more or less known in the area because of the fact that he takes
advantage of any opportunity to get free advertising. He at that time
had an Edsel car, which is somewhat a rarity now, all painted up with
“Honest Joe” on there. He wears jackets with “Honest Joe” on the back.
He gets writeups in the paper, free advertising about different things
he loans money on, like artificial limbs and things like that. And I
had noticed Honest Joe across the street when I was looking out of
Chief Batchelor’s office.

So I remarked to Jack Ruby, I said, “I just saw Honest Joe across the
street over there, and I know a number of Jewish merchants here that
you know.”

And Ruby said, “That is good enough for me. What is it you want to
know?”

And I said these two words, “Jack--why?”

He said, “When this thing happened”--referring to the assassination,
that he was in a newspaper office placing an ad for his business. That
when he heard about the assassination, he had canceled his ad and had
closed his business, and he had not done any business for 3 days. That
he had been grieving about this thing. That on the Friday night he had
gone to the synagogue and had heard a eulogy on the President. That his
sister had recently been operated on, and that she has been hysterical.
That when he saw that Mrs. Kennedy was going to have to appear for the
trial, he thought to himself, why should she have to go through this
ordeal for this no-good so-and-so.

Mr. HUBERT. Did he use any words or did he say “no-good so-and-so”?

Mr. SORRELS. He used the word “son-of-a-bitch,” as I recall.

Mr. HUBERT. All right.

Mr. SORRELS. That he had heard about the letter to little Caroline, as
I recall he mentioned. That he had been to the Western Union office to
send a telegram, and that he guessed he had worked himself into a state
of insanity to where he had to do it. And to use his words after that,
“I guess I just had to show the world that a Jew has guts.”

I, of course, asked him when he was born. He told me in Chicago, March
25, 1911. That he operated the Carousel Club. And also a Vegas Club.

I asked him if anyone else was involved in this thing besides him, and
he said that there was not.

I asked him if he knew Oswald before this thing happened, and he said
he did not. He said that he had been a labor organizer years ago.

I asked him if he had ever been convicted of any offense or done any
time, and he said no felony, that he had a JP release in 1954--in other
words, he had been arrested but released by the JP in 1954.

I asked him what his father’s name was, and he said his name was Joseph
Rubenstein.

I asked him where his father was born, and he said Russia.

I asked him if his mother was living, and he said no, that she was
deceased, and that she was born in Poland. That he was of the Jewish
faith.

I asked him if he had an attorney, and he said he had Stanley Kaufman,
a civil attorney, as his attorney. And I recall, I believe that is
about--that about terminated the conversation at that time.

Mr. HUBERT. Did you not ask him why he had the gun with him?

Mr. SORRELS. Oh, yes; I did.

I asked him why he had that gun, and he said that he carried a gun
because of the fact that he carried large quantities of money from his
business, or from the club.

Mr. HUBERT. Do you recall whether he made any comment to you or in your
hearing regarding the way he got into the basement area where he shot
Oswald?

Mr. SORRELS. At that time, I do not. I do not recall asking him how he
got in. I made no notes to that effect.

Mr. HUBERT. Do you remember him saying then anything about that he had
intended to shoot Oswald and had formed that intent as early as Friday?

Mr. SORRELS. No; I did not.

Mr. HUBERT. He did not comment at all about his intent?

Mr. SORRELS. No; nothing except his response to my question as to
“Jack, why?”, and then his relating as I have told you there a moment
ago.

In other words, after I got----

Mr. HUBERT. Did he mention anything about he intended to shoot him
three times?

Mr. SORRELS. No; I did not hear that statement.

Mr. HUBERT. In other words, the only comments that you heard him state
which bear upon intent are those you have already made--that is to say,
somebody had to do it, and also that he wanted to show the world that a
Jew had guts?

Mr. SORRELS. No; I did not hear him say that somebody had to do it. I
heard him say that he guessed he had worked himself into a state of
insanity to where he had to do it, felt he had to do it.

Mr. HUBERT. But he did make the report saying he felt he had to show
the world that a Jew had guts?

Mr. SORRELS. Yes; that was very plain.

Mr. HUBERT. Now, when you left, who left with you?

Mr. SORRELS. As I recall, I went by myself, because when I got the
information about his background, as I related here, and got his
correct name and the information that he was operating alone on this
thing, that no one else was involved with him, and he did not know
Oswald, I then left in order to telephone that information to my
headquarters in Washington.

Mr. HUBERT. Can you state positively, therefore, to us that when you
left Dean was in the room?

Mr. SORRELS. I think he must have been, because, as I recall it, I went
down on the elevator by myself with the elevator operator.

Mr. HUBERT. And Dean was in the room at all times you were talking to
him?

Mr. SORRELS. As far as I know.

Mr. HUBERT. He did not leave with you?

Mr. SORRELS. No, sir; he did not.

Mr. HUBERT. The two other officers who were in uniform I think you
said, who were in the room at first, they were there all the time too?

Mr. SORRELS. As far as I know; yes, sir.

Mr. HUBERT. They did not leave when you left?

Mr. SORRELS. No, sir.

Mr. HUBERT. And if anybody else came in afterwards, they did not leave
when you left?

Mr. SORRELS. Not that I recall.

As I recall it, I think I went down alone, just the elevator operator
and myself. Of course he had my sidearm. I had to get my sidearm from
him. If there was anyone else there, I didn’t know.

Mr. HUBERT. You had to get your sidearm----

Mr. SORRELS. From the elevator operator.

In other words, you are not permitted to carry a gun inside the jail.

Mr. HUBERT. You saw him again later that day?

Mr. SORRELS. Yes, sir; I did.

Mr. HUBERT. Can you tell us what time, under what circumstances, where,
who was present, and so forth?

Mr. SORRELS. I do not remember just exactly the time, but it was some
time after that when Jack Ruby was brought to Captain Fritz’ office,
and Captain Fritz questioned him. I was present at that time and heard
Captain Fritz interrogate him and made some notes and wrote them up.
And I also at that time asked him a few questions myself, on some
points I wanted to clarify.

Mr. HUBERT. Were you there from the beginning of the interview between
Ruby and Fritz, or did you arrive when it was already going on?

Mr. SORRELS. No; I was there at the beginning, because I heard Captain
Fritz tell him of course he did not have to make a statement and so on
and so forth, and Ruby said, “Well, I will answer your questions, but
some of them I may not want to answer, and I will tell you so.”

Mr. HUBERT. Were you introduced to him?

Mr. SORRELS. No; I had talked to him up in the jail there.

Mr. HUBERT. Were you present during the entire interview?

Mr. SORRELS. As I recall it, I was, on that one interview.

Mr. HUBERT. Can you tell us who else was present?

Mr. SORRELS. No; I do not recall who else was there.

As I recall, there was other officers there in the room with Captain
Fritz, but I do not recall who.

Mr. HUBERT. Now, you say you had made notes as Captain Fritz was
interrogating him. Do you have those notes?

Mr. SORRELS. Yes; I have the notes here.

Mr. HUBERT. Do you have notes also of the first interview?

Mr. SORRELS. Yes; I read some of the stuff awhile ago from those notes.

Mr. HUBERT. Is there any reason of security or otherwise why we could
not get photostats of them for the record?

Mr. SORRELS. Not that I know of.

They may not mean much to anyone else, because it is just something
jotted down to refresh my memory. They are not in very good order, or
anything like that. And I don’t know whether it would mean too much to
anyone else.

As far as I know----

Mr. HUBERT. You have no objections?

Mr. SORRELS. No.

Mr. HUBERT. I take it those notes were made contemporaneously with the
interviews, as they went on?

Mr. SORRELS. The ones of Ruby were; yes. Now, there is other stuff in
here that had nothing to do with that.

Mr. HUBERT. Well, we are interested of course only in the Ruby ones.
But you testified a little while ago, and you seemed to be referring
to notes, about what Ruby said, and what happened and so forth in the
first interview, and then also in the second interview.

The notes that you referred to on both occasions were made
contemporaneously with the interview. That is, they were not made at a
later date?

Mr. SORRELS. That is correct. Now, there is other stuff in this
notebook. Like I went up to the identification bureau to check on
his record and so forth, and got his detailed description, and his
fingerprint classification--that had nothing to do with the interview.

Mr. GRIFFIN. I think we ought to take that to show what the practice
was.

Mr. HUBERT. If you do not mind, we will have them photostated, and
after we get the photostats, we will get them an identification number.

Suppose you tell us, then, what occurred at the second interview?

Mr. SORRELS. Continuing with what I started out with a moment ago
there, he--incidentally, I have noted here on this page where I made
these notations “3:15 p.m.,” I assume that is possibly the time this
interrogation took place.

I do have the date, “11-24-63.”

Mr. HUBERT. The beginning of the notes relating to the interview in
Captain Fritz’ office?

Mr. SORRELS. That is right.

Mr. HUBERT. It is your testimony now it would be your custom, as I
understand it, to put the time at the beginning of the notes.

Mr. SORRELS. Ordinarily we do. In this other one, I did not put the
time.

Mr. HUBERT. All right.

Mr. SORRELS. He gave his name as Jack Leon Ruby. He was asked about who
his attorneys were, and he said that he was going to get Tom Howard and
possibly Fred Brunner, and Stanley Kaufman, a civil attorney, and Jim
Arnton. In other words, he was going to consider those and C. A. Droby.

He said that his name was changed in Dallas.

Now, I might put in here as an explanation that these are in response
to questions that Captain Fritz was asking him. That he had this gun
for 2 or 3 years. That George Senator was a roommate. That he came in
the basement--the word “basement” is not shown here--he came in off
Main Street, off of the ramp. That he felt that Oswald was a Red, and
that he was alone on this assassination. That he saw Oswald in the
showup room, or a similar room. That he knew who he was going for. That
he did not want to be a martyr. That he had built up--was a buildup of
grievance. That he had closed both clubs.

And I have the notation here “Vegas, Oaklawn, 3508, Carousel, 1312½
Commerce.” That he never saw the man before this thing took place,
referring to the time that he was down at the police station, or city
hall, rather. That he had been in the mail-order business. That he had
been a labor organizer. That he was fond of the police department.

And when Police Officer Slick had been killed--that is all I have in
the notes, but he said that he grieved about that.

That he had been around Saturday night, that people were laughing,
no one was in mourning. That he had seen a eulogy on TV. That he saw
the President’s brother, Bobby, on TV. That he guessed that there
was created a moment of insanity. That he read about the letter that
someone sent to little Caroline. That he knows the police department is
wonderful. That his heart was with the police department. That he had
hoped that if ever there was an opportunity--that he had hoped there
was an opportunity for him to participate in a police battle, and he
could be a part of it, meaning on the side of the police.

That his mother and dad were separated for 25 years. That he owes Uncle
Sam a big piece of money. That he has love for the city of Dallas--for
the city--he did not say Dallas. That his sister was operated on
recently, she was hysterical about the President. That he went to the
synagogue Friday night, heard a eulogy. And he had been grieving from
that time on. That he went over to where the President was shot.

He wanted Captain Fritz to not hate him for what he had done. That when
he was with the union, that one of his dear friends was killed, he came
to the place where it happened. Leon Cook was the man. That Ruby’s
mother told him to leave. That he was in the union Scrap Iron and Junk
Dealers Association. That a man by the name of Jim Martin killed Cook.
That Martin was political and had affiliations and got out of it.

That his roommate sold postcards. That his politics were Democratic,
but he voted for the man.

That Sammy Ruby, a brother, who services washaterias. Another brother,
Earl Ruby, in Detroit, who operated a cleaning plant. Another brother,
Hyman Rubenstein, in Chicago, a salesman.

That he had also sold twist boards. That he would not think of
committing a felony. That Tom O’Grady, a Catholic, formerly with the
police department, had called him, that he had called Sims, who is one
of the members of the police department, and wanted to bring sandwiches
for them, because he knew they were having a tough time, and that Sims
said that it wasn’t needed.

That he tried to locate--anyway, it was some of the TV people to give
them to. And that is when he went to the showup room. And that is the
first time that he had even seen anyone like that, referring to Oswald.

That he had seen Henry, meaning Henry Wade, the district attorney,
talking to someone. That KLIF, the radio station there, had been good
to him. No one else was involved.

That is my notes--“no one else involved”--meaning there was no one else
involved with him, Ruby, in connection with the shooting.

Mr. HUBERT. Now, was this a sort of monologue on his part, or response
to questions?

Mr. SORRELS. No; as I said a moment ago, that was in response to
questions.

Mr. HUBERT. Now, thus far have you covered only the part of the
interview which was conducted by Fritz, or was some of that the result
of your questioning?

Mr. SORRELS. About the only thing that I recall questioning him about
was possibly the correct address on the night club.

Mr. HUBERT. Do you know if anyone asked him how he got in?

I think perhaps you have testified to that already.

Mr. SORRELS. Yes, Captain Fritz asked him that.

Mr. HUBERT. And he said he came in through the ramp, I believe you said.

Mr. SORRELS. That is right.

Mr. HUBERT. Did he state at any time during that interview about any
intent to kill Oswald, to shoot him three times, and he is glad he was
dead?

Mr. SORRELS. I do not recall that.

Mr. HUBERT. Now, I am going to show you a document which is actually a
photostatic copy, or Xerox copy, of Commission Document 354, consisting
of four pages. I am going to mark that document for identification as
follows, to wit, “Deposition of Forrest Sorrels, Washington, D.C., May
6, 1964,” and I am signing my name to that, all of which is on the
right margin of the first page. I am placing my initials in the lower
right-hand corner of the second, third, and fourth pages. I ask you if
you can identify this document, or rather, the photostatic copy? Would
you state what it is?

Mr. SORRELS. This is a photocopy of a memorandum report titled
“Assassination of President Kennedy,” the second line of that caption,
“Jack Leon Ruby--slayer of Lee Harvey Oswald, charged with murder of
President Kennedy.” Submitted by me, Forrest V. Sorrels, on February
3, 1964. And it consists of three full pages and a portion of--about a
fifth of the fourth page.

Mr. HUBERT. I think your signature, or, rather, a photostatic copy of
your signature is on the front.

Mr. SORRELS. That is correct--on the front.

Mr. HUBERT. That is the report that you submitted to your superiors?

Mr. SORRELS. In Washington.

Mr. HUBERT. Which ultimately, of course, they sent. The report covers
the events of November 24, is that right?

Mr. SORRELS. That is right.

Mr. HUBERT. Do you know why it was filed on February 3?

Mr. SORRELS. Why it was written on February 3? I was instructed by
Inspector Kelley to write up a memorandum on the interview that I had
with Jack Ruby, shortly after Oswald was shot by Ruby, and also the
interview that was had with Captain Fritz and Ruby at which I was
present on the same date.

Mr. HUBERT. When did you receive those instructions?

Mr. SORRELS. I cannot say exactly when I received them--probably within
a day or two, or it could have been longer, because due to the press of
other work and things arising out of the assassination, and its duties,
the other duties, it was not written as soon as it should have been.
And I may have been instructed some time before that to--as quick as I
could to get the memorandum prepared.

Mr. HUBERT. What I mean is that normally you would write such a report
as this in any case?

Mr. SORRELS. Yes, that is true.

Mr. HUBERT. And normally it would be written sooner----

Mr. SORRELS. Sooner, that is right.

Mr. HUBERT. Than 2 months or so afterwards?

Mr. SORRELS. Yes, sir.

Mr. HUBERT. That is what I am asking--if you can tell us what was the
cause of the delay.

Mr. SORRELS. Well, it is just the fact that we were burdened with all
the additional work and things brought about by this assassination
and investigation and so forth. I guess you could term it, possibly,
negligence on my part for not just taking time off and doing it. That
is about the only explanation I can give for that. It was not any
willful intent to not write it or anything to that effect.

Mr. HUBERT. There is no suggestion as to that.

Mr. SORRELS. I know. But that is just as a matter of explanation.

Mr. HUBERT. Do you think it was written on that date because Mr. Kelley
told you shortly before that date, to wit, February 3, that you should
write it, or is it your impression that Mr. Kelley had told you long
before it was written to write it?

Mr. SORRELS. There is a possibility that he may have told me before. I
don’t recall it specifically. But I do know that Inspector Kelley had
instructed me to write up the report.

Mr. HUBERT. Do you recall having a conversation with Mr. Burt Griffin,
the gentleman who is in the office now, concerning what you knew about
what Ruby had said in your interviews with him?

Mr. SORRELS. Yes; I do. And that refreshed my memory a bit, because I
recall that Inspector Kelley, after I had talked to Mr. Griffin on the
telephone--Inspector Kelley told me to get it written up, get it in
writing, about the interview, and get it in. I remember that now, since
you mention it.

Mr. HUBERT. So that actually the report was written because Inspector
Kelley instructed you to do so, and as you recall it he did so because
of the conversation with Mr. Griffin?

Mr. SORRELS. I would surmise that, because, as I recall it now, either
right after I got through talking to Mr. Griffin or shortly thereafter,
Mr. Kelley did instruct me to get the interview, as I recall it, in a
report, and get it in to him.

Mr. HUBERT. But normally I think you said this report would have been
written anyhow, without any suggestion by Mr. Kelley or anybody else?

Mr. SORRELS. Yes; that is right.

Mr. HUBERT. And it was your intent to write it, you say, but you didn’t
get around to it?

Mr. SORRELS. That is about the best explanation I know to make on it.

Mr. HUBERT. Now, do you recall a conversation with Chief Curry with
respect to what you knew that Ruby had said?

Perhaps I can identify the conversation a bit more by saying to you
that it had to do with a suggestion by you as to what the witnesses
who were members of the police department might be called in the
prosecution.

Mr. SORRELS. Oh, yes; I remember that.

Mr. HUBERT. Can you tell us, first of all, when it was?

Mr. SORRELS. As I recall, it was after the trial of Ruby had started,
or along about the time it was beginning to start. I contacted Chief
Curry and told him----

Mr. HUBERT. Is this by phone, or was it by personal interview?

Mr. SORRELS. No; as I recall it was by phone--that there were two
uniformed police officers that were present when I talked to Ruby on
the fifth floor of the city jail on the morning of November 24, and
that I had not warned Ruby of his constitutional rights and did not
know whether or not the statement that he had made to me would be
admissible in a trial in the event that the district attorney wanted to
use it.

But----

Mr. HUBERT. Had you been at that time consulted by the district
attorney with reference to your being a possible witness?

Mr. SORRELS. I do not recall that I had.

Now, here is something that will establish that. The district attorney,
Henry Wade, came to Washington--I don’t know whether it was in
connection with talking to the Commission or what--but I saw him out at
the airport, and he said to me----

Mr. HUBERT. What airport?

Mr. SORRELS. This was before the trial--Love Field, in Dallas.

He was coming to Washington. And he said to me, “I want to talk to you
when I get back about this case.”

And I said, “All right.”

And I did not hear anything more from Mr. Wade until the trial was
actually in progress. He asked me to come to his office, which I did.

Mr. HUBERT. That is Wade?

Mr. SORRELS. That is Henry Wade; yes, sir, the State district attorney
that prosecuted Ruby for the murder of Oswald.

And, at that time, I related to him the conversation I had had with
Ruby.

Mr. HUBERT. Did you relate to him in that interview approximately what
you have told us today about your interviews with Ruby?

Mr. SORRELS. Only the one up in the jail--I was talking about that.
I didn’t go into detail about this one where Captain Fritz was
interviewing him. That was only there at the jail.

Mr. HUBERT. Is there any reason why one was talked about and not the
other?

Mr. SORRELS. No; no particular reason, excepting that I just assumed
that Captain Fritz would be the one if there was any testimony as to
the second interview--would be the one to testify in that case.

Mr. HUBERT. Did Wade know that you were present at both?

Mr. SORRELS. I would not say positive, but it seems to me that it was
mentioned that I was present when we talked, but I am not positive on
that.

Mr. HUBERT. Did this interview with Wade occur before or after the
telephone conversation with Curry?

Mr. SORRELS. No; that was afterwards. That was after the trial started.

Mr. HUBERT. Well, now, which was afterwards?

Mr. SORRELS. The interview with Mr. Wade.

Mr. HUBERT. That came after the telephone conversation with Curry?

Mr. SORRELS. Yes, sir.

Mr. HUBERT. Did Mr. Wade consider using you as a witness?

Mr. SORRELS. He said if he needed me, he would let me know--in other
words, would get in touch with me.

He said, “Now, the defense may subpoena you on this thing.”

And defense attorney--one of them was in on that case--did call me on
the telephone. They wanted me to meet with either Tonahill or Belli, or
maybe both of them. And I told them I was extremely busy.

He said, “How about having dinner with us?”

I said, “No; I don’t even have time to eat big dinners, I just grab a
sandwich,” because I didn’t want to have dinner with them.

They called me a second time, because there had been a delay from the
time they thought they were going to call me--they called me the second
time and that is when they said something about having dinner with them
later, and I said, no; I didn’t have time.

And at that time I told them I didn’t think I could do them any good. I
said I can tell you in a short time what I could testify to.

He said, “Over the phone?”

I said, “Yes.”

So I told them about the interview with Ruby in the jail up in the
jailhouse. I did not go into detail about the other, because I did not
consider that my interview.

Mr. HUBERT. You are talking there about the second interview?

Mr. SORRELS. Yes.

Mr. HUBERT. Did you mention you had been present?

Mr. SORRELS. I do not recall that I did.

Mr. HUBERT. Coming back to the Curry matter, what was your motivation
in calling Curry?

Mr. SORRELS. I felt that the testimony or the statements, rather,
made by Ruby right after he had shot Oswald would be of benefit to
the district attorney in the prosecution of this case, the statements
that he made as to the fact that he had worked himself into a state of
insanity, also the statement that he guessed he had to show the world
that a Jew had guts. And I also recall that during the questioning by
Captain Fritz during the interview there that Ruby had made the remark,
“Well, I would make a good actor, wouldn’t I?” to Captain Fritz. And I
felt that possibly I could not testify, because of the fact that I had
not warned Ruby of his constitutional rights.

I thought of that before I talked to him, but the part that I
was interested in, that is, determining whether or not anyone
else was involved with him, or whether or not he knew Oswald, I
didn’t consider--I mean I considered that if I warned him of his
constitutional rights on that particular angle, that he might not
even tell me that, and that is the reason I did not warn him of his
constitutional rights, because I felt it was of paramount interest to
our Service to determine whether or not others were involved in this
thing besides Ruby, and of paramount interest to determine whether or
not Oswald and Ruby knew each other, or had any connection.

Mr. HUBERT. Is it a custom, rule, or regulation of your Service that
you must warn a person of his constitutional rights before you can
question him?

Mr. SORRELS. On our investigations; yes, sir.

Mr. HUBERT. And is that a custom, or is it actually a published
regulation?

Mr. SORRELS. Well, we know that we are going to get in serious trouble
in court if we don’t do it, because that is always--the question is
always asked, especially by a defense attorney, and so forth.

And we know that we are supposed to do it.

I try to adhere to it as much as I possibly can.

Mr. HUBERT. What I am trying to determine is whether that is your only
personal----

Mr. SORRELS. Oh, no.

Mr. HUBERT. Way of doing things, or if it is an established policy of
the Service, and if so, how is it established?

Mr. SORRELS. I think it is possibly a bit of both, because it is
always my practice to tell these people that we cannot promise them
anything--I am talking about the people we handle for prosecution in
our investigations. And that, of course, they don’t have to tell us
anything if they don’t want to. We make that known--because if we do
not we know if there is a trial in a case, that that question is going
to be asked, and we know that under our laws that a person is supposed
to be warned of his constitutional rights before he is questioned.

Mr. HUBERT. Is that your version of what the law is?

Mr. SORRELS. Yes.

Mr. HUBERT. Coming back to the policy matter, I don’t expect you to
be able to quote it to me now, but you have the impression there
is something in writing in some manual of standard operations,
instructions, that requires that you warn a person of his
constitutional rights?

Mr. SORRELS. I just cannot answer that question, because I just can’t
recall if there is a specific instruction of that particular thing or
not.

But I do know that if we do not warn them of their constitutional
rights, that we are--we will be in serious trouble in the trial of a
case because if the question is asked, “Did you warn this man of his
constitutional rights?” we have to tell the truth, and if we say “No,
it wasn’t,” we would be jeopardizing our case.

Mr. HUBERT. Now, at the time you called Curry, you had not spoken to
Wade?

Mr. SORRELS. Not about the actual interview with Ruby at that time.

Mr. HUBERT. At the time you talked to Curry, was that before or after
you saw Wade at Love Field?

Mr. SORRELS. I can’t say for sure, but I think it was probably
afterwards.

Mr. HUBERT. What I am trying to get at is what motivated your call to
him.

Mr. SORRELS. I probably didn’t make myself plain.

What motivated my call to him was that I figured that if I was called
to Mr. Wade’s office to explain this thing to him, that the fact that I
had not warned Ruby when I approached him to get this information--that
I had not warned him of his constitutional rights, that I would not--it
would not be good testimony. And my thought is that the two men who
were--the two uniformed officers there, who were just standing by and
had nothing to do with the questions and so forth, who heard what was
said, they might be able to testify to that effect.

Mr. HUBERT. So you wanted to get that information to someone in
authority?

Mr. SORRELS. That is right.

Mr. HUBERT. And the information was twofold--that you knew there was
someone who could testify as to what Ruby had said, because you had
heard Ruby say it in the presence of other people?

Mr. SORRELS. That is right.

Mr. HUBERT. And, secondly, you were doubtful as to whether your
testimony as such would be valuable?

Mr. SORRELS. That is right.

Mr. HUBERT. Do you know why you conveyed that information to Curry
instead of Wade?

Mr. SORRELS. Because I did not know the names of the two police
officers that were there. Two uniformed men.

Mr. HUBERT. Well, was it your thought, then, if you advised Curry he
would get the names of the men, and then convey it to Wade? I am trying
to get what your motivation was.

Mr. SORRELS. Well, that is all I can recall as to the motivation. In
other words, I don’t know that I thought that he would convey the
information to Wade or not. I just cannot recall whether I had that in
mind or not. But I did have in mind that possibly these two fellows,
these two uniformed police officers, might be able to testify as to
what Ruby said there when I would not be able to do so, because of the
fact I had not warned him.

Mr. HUBERT. And this conversation with Curry was in between the time
you saw Wade at Love Field and the time you had the interview with him
when he came back from Washington?

Mr. SORRELS. As I recall it, it was. I won’t be positive about that.

Mr. HUBERT. Now, you told Wade, I think you said, the same thing, about
your doubts as to your qualifications.

Mr. SORRELS. I believe that I did, if I recall it correctly, because I
think when I was talking to Wade in his office, that that was mentioned.

Mr. HUBERT. Did you make any memo of the conversation you had with
Curry?

Mr. SORRELS. No, sir; I did not.

Mr. HUBERT. Did you make any memo of the interview you had with Wade?

Mr. SORRELS. No, sir.

Mr. HUBERT. What did Curry say to you when you told him this
information?

Mr. SORRELS. As I recall it, I think he said that he could possibly
find out. It seemed to me like I talked to Chief Batchelor about that,
also. I am not positive. But, anyway, I figured they would have a way
of knowing who it was that was there, and so forth, at that time.

Mr. HUBERT. Is there anyway you could fix for us more definitely the
dates of these three occurrences--your meeting with Wade at Love Field,
your telephone conversation with Curry, and your interview with Wade?

Mr. SORRELS. I think that I can on the one at Love Field, because, as
I recall it, Miss Lynda Johnson was en route to Washington, D.C., and
I went to Love Field to be there at the time they arrived in the event
that they might need a car or something. I can establish that--February
16, 1964.

Mr. HUBERT. You mean you don’t know it now, but you could establish it?

Mr. SORRELS. No; I could establish it.

Mr. HUBERT. I wonder if you would undertake to establish that for us.

Mr. SORRELS. Yes; I would.

Mr. HUBERT. Now, you think there is no other collateral way to
establish the dates of the other matters?

Mr. SORRELS. I can--I think I can pretty well establish it. I will
tell you why. At the time that I was in Wade’s office, and during the
course of the time that I talked to him, this officer Dean came into
Mr. Wade’s office and Mr. Wade asked me about if I was present when
Ruby said such and such things--I don’t recall what it was now--I think
about that he had been thinking for 2 or 3 days about killing this
fellow, or words to that effect, and I told him I was not. And it was
right after that that Dean testified in that case. And I think I can
establish about pretty close to what day it was. He either testified
that day or the following day, as I recall it.

Mr. HUBERT. What interval of time would have elapsed between your
meeting Wade at the airport and the date of the interview?

Mr. SORRELS. Oh, I think that would have been probably--it is just hard
to estimate the time, but it was before the trial of Ruby had ever even
begun. It would just be a guess on my part, but I would say it was
probably maybe 2 or 3 weeks, or maybe even more.

Mr. HUBERT. Well, can you fix for us--put it this way: Can you fix for
us whether the Curry conversation was closer to the time you met Wade
at Love Field than it was to the time you interviewed Wade, or Wade
interviewed you?

Mr. SORRELS. I just don’t believe I can. It seems to me like it was
shortly after I had seen Mr. Wade. I may be wrong about that. But I
know the thought occurred to me, well, if I am going to be called down
on that thing, I don’t think they are going to be able to accept my
testimony, because of the fact that Ruby wasn’t warned. And so it was
that time that I thought about maybe getting the names of these other
two officers who could possibly remember the conversation, and they
were standbys and were not the ones actually in the questioning.

Mr. HUBERT. Do you remember telling Mr. Griffin here that you would
call the Dallas Police Department--I think that was in a telephone
conversation he had with you--to find out the names of the people?

Mr. SORRELS. It seems that I did mention to Mr. Griffin, when he was
talking to me on the phone, that there were others present, and that
I could possibly find out their names, and it seems to me that Mr.
Griffin said something about, “Well, no; don’t do that,” or “It is not
necessary.”

Mr. HUBERT. Well, let me ask you this: Would that have been before you
called Curry, or afterwards?

Mr. SORRELS. Let me see now. I think that would have been before.

Mr. HUBERT. Well, perhaps it is this. Perhaps it was that when you had
a personal conversation with Mr. Griffin in Dallas that you told him
that you had made a call to ascertain the names of these people.

Mr. SORRELS. It could have been.

Mr. HUBERT. Did you make such a call?

Mr. SORRELS. Did I?

Mr. HUBERT. Yes.

Mr. SORRELS. I made a call. I am not sure it was to Chief Curry. It
seems to me I remember talking to Chief Batchelor on that. Now, I may
have mentioned it to Chief Curry, too. But it seems to me like I
remember talking to Chief Batchelor.

Mr. HUBERT. About the existence of some officers?

Mr. SORRELS. To find out who the uniformed officers were who were there.

Mr. HUBERT. Well, now, would that conversation with Chief Batchelor be
before the Curry conversation or afterwards?

Mr. SORRELS. I don’t recall that I made that conversation to both of
them or not. Now, I am just not positive about that. But I do recall
having made that call for the specific purpose of getting somebody that
was there, those two uniformed officers, that could have heard that
conversation, that could have testified in the case down there.

Mr. HUBERT. Is it possible that that aspect of the matter was part of
the call to Curry?

Mr. SORRELS. I just don’t remember--I just don’t remember. But I know
that I did talk to either Curry or Chief Batchelor, and I am inclined
to think it was Chief Batchelor. Now, when you mentioned awhile ago
about the call to Curry, I, of course, said “yes” on that, because I
was thinking about the call. But since thinking about it, I am not sure
that it was Chief Curry that I talked to at all about that particular
angle. But I do know that I talked to Chief Batchelor about it. I know
that.

Mr. HUBERT. Well, let’s see if we can clarify it. There is no doubt
about it that there was one telephone call made to a high police
official.

Mr. SORRELS. That is what I recall.

Mr. HUBERT. You are definite that one call was made to Batchelor.

Mr. SORRELS. If my memory serves me right, it seems that I did talk to
Batchelor.

Now, whether I talked to Chief Curry on that particular thing or not, I
am not too positive.

Mr. HUBERT. So that the matter stands that you are not certain that
there was the second telephone call with Curry at all?

Mr. SORRELS. No; I don’t----

Mr. HUBERT. Well, would you have covered with Batchelor the material
that we have talked about that you say you did cover with Curry?

Mr. SORRELS. Now, what material is that?

Mr. HUBERT. Well, such as that you were doubtful about your ability to
testify, and so forth.

Mr. SORRELS. Not necessarily. In other words, if it was Batchelor that
I called, then I would have, I think, have explained it to him. If it
had been Curry I called, I would explain it to him--as to why I was
wanting these names, or given that information to them.

Mr. HUBERT. What I am trying to get at, you see, is whether or not
there were two calls.

Mr. SORRELS. I don’t recall that there were two calls. I don’t.

Mr. HUBERT. And you are positive you spoke to Batchelor?

Mr. SORRELS. It seems that I remember talking to Chief Batchelor about
it, because it seems that I can remember that he said, “I am sure that
we can find out that information,” or words to that effect.

Mr. HUBERT. Well, if there was only one call--that is to say, if you
are doubtful about two, and you do remember definitely Batchelor, then
the one call would have to be Batchelor, would it not?

Mr. SORRELS. That is correct; yes.

Mr. SMITH. I think there is a lack of meeting of the minds here.

Mr. HUBERT. Would you try to help me out? I would appreciate it.

Mr. SMITH. Let me see if I can clarify this. Was there definitely a
conversation with Curry about whether you would be able to testify
because of your failure to warn Ruby of his constitutional rights?

Mr. SORRELS. I just cannot say positively that there was. I do know
that I made a phone call for the specific purpose of informing them
of the fact that these two uniformed police officers were there and
could have heard the conversation that I had with Ruby, and as my
memory serves me it seems that was Chief Batchelor. Now, I may have had
conversations with Chief Curry. We have talked about this thing from
many, many different angles from time to time.

Mr. SMITH. Let me ask it a different way.

Was there one call to obtain the names of the men, uniformed policemen,
who were in the room when you interrogated Ruby, and a second call
concerning the question of whether you could testify, or were these two
subjects covered in one telephone conversation?

Mr. SORRELS. No; as I recall it, there was only one conversation on it
at that time.

Mr. SMITH. All right. And you don’t know, then, for sure, whether it
was to Chief Batchelor or to Chief Curry?

Mr. SORRELS. I would say that, if my memory serves me right, it seems
to me like it was Chief Batchelor. There were many, many conversations
about this case from many angles. But I know I was concerned when
Henry Wade indicated I was going to be called as a witness down there,
because I felt that they should know that, and I think as I recall it
when he talked to me I told him about those two uniformed officers
being there.

Mr. HUBERT. Well, whoever you talked to, did that person, whether
it was Curry or Batchelor, indicate that he was not aware of the
information you were giving him?

Mr. SORRELS. Now, what information?

Mr. HUBERT. About the statements made by Ruby. And that you had been
present.

Mr. SORRELS. No; I don’t think so.

Mr. HUBERT. You have already adverted to the telephone call that you
had from Mr. Griffin.

Mr. SORRELS. Yes, sir.

Mr. HUBERT. Did you make the telephone call to Curry or Batchelor as a
result of the conversation you had with Mr. Griffin?

Mr. SORRELS. No.

Mr. HUBERT. That was independent? You think it was before?

Mr. SORRELS. No; I don’t think it was before, because as I recall it,
this conversation with Mr. Griffin was quite some time before.

Mr. HUBERT. Mr. Sorrels, I call your attention to the fact that on the
exhibit which has been identified as Commission Document 354, as to
which you have already testified, there is no mention of the names of
the officers who were present, and that is dated February 3, 1964. Does
that help you to recollect whether you then got interested in who those
people were and called Batchelor or Curry, or both?

Mr. SORRELS. It probably brought it to my mind that there were other
people present there, and I think I so informed Mr. Griffin on the
telephone. But that is not what prompted me to make the call about the
two uniformed officers, because that had no bearing on what I told Mr.
Griffin. What he was asking me over the telephone is what I had heard
Ruby say. And I told him what I had heard Ruby say. And he had asked me
about certain things that I did not recall hearing Ruby say, and I told
him so at the time. And when I was in District Attorney Wade’s office,
the question was asked of me by Mr. Wade as to whether or not certain
statements alleged to have been made by Ruby were made to Officer Dean
in my presence, and I told him I did not hear anything like that.

Mr. HUBERT. Well, perhaps another approach would be this: You were
interested or became interested sometime in finding out the names of
these people. Isn’t that a fact?

Mr. SORRELS. Yes; but only for that particular purpose.

Mr. HUBERT. And you also wanted to convey the information that you
were doubtful whether you would qualify, as you put it, as a witness,
because you had failed to warn. And that that thought came into your
mind after Wade indicated that you might be a witness.

Mr. SORRELS. That is as I recall it.

Mr. HUBERT. And that, therefore, you called someone. Now, were those
two things in the same conversation?

Mr. SORRELS. You mean about----

Mr. HUBERT. The inquiry as to the names, who these people were, and
to convey the information that you were worried about your own
qualifications if you should be considered.

Mr. SORRELS. That is right.

Mr. HUBERT. You think there were two conversations?

Mr. SORRELS. No.

Mr. HUBERT. Just one?

Mr. SORRELS. As far as I know there would be one. Because that is
the only interest I had. As I recall it, I told Mr. Griffin over the
telephone that there were others present, and I could possibly find out
who they were, and for that purpose that he was trying to bring out on
the telephone conversation, and as I recall it he told me, “No; don’t
do that.”

Mr. HUBERT. Did you find out who the two people were?

Mr. SORRELS. No; I could not tell you to this day who they are.

Mr. HUBERT. In other words, whoever you spoke to, Batchelor or Curry,
who said they would let you know----

Mr. SORRELS. No; I don’t think it was my purpose in finding out
who they were for my own benefit. That wasn’t the point at all. It
was my thought that they should have information for the district
attorney--period.

Mr. HUBERT. In other words, you were not interested in knowing who they
were yourself? You wanted them to know of the fact that there were two
officers there?

Mr. SORRELS. That is right.

Mr. HUBERT. And that you were worried about your own qualifications?

Mr. SORRELS. That is right.

Mr. HUBERT. Can you tell us approximately the lapse of time, if you
can remember it, between your conversation with Mr. Griffin and your
conversation with either Chief Batchelor or Chief Curry that you have
been speaking of?

Mr. SORRELS. Well, I would say it was quite some time afterwards,
because this conversation--I don’t remember the date I had it with Mr.
Griffin, but it was prior to the writing of this memorandum. And it was
quite some time after that that the trial ever started. And when Mr.
Wade saw me at the airport and said, “I want to see you and talk to you
about this case,” the trial, of course, had not started at that time.
So it was quite some time afterwards.

Mr. HUBERT. Well, what did Curry or Batchelor, whoever it was, tell you
when you told him of this?

Mr. SORRELS. As I recall it, they said they could get the information.
That is all that I recall that they said.

Mr. HUBERT. Do you remember when speaking to Wade at the interview
whether you adverted to the conversation you had had over the telephone
with either Batchelor or Wade, or possibly both?

Mr. SORRELS. No; I don’t recall that that was mentioned.

Mr. HUBERT. Did you have any other conversation with any officers in
the police department? I mean about this aspect that we are talking
about now?

Mr. SORRELS. I saw Captain Fritz at the district attorney’s office the
day that I was down there and talked to him, and I cannot recall about
whether or not there was a conversation with him about who was present
at that time or not, because I remember discussing with Captain Fritz
at that time that I didn’t think my testimony would be much benefit to
the prosecution on that, or if it would be admissible because of the
fact I had not warned Ruby of his constitutional rights.

Mr. HUBERT. When was that conversation?

Mr. SORRELS. That was the same time I was talking to Mr. Wade at his
office. This is when the trial of Ruby was actually in progress.

Mr. HUBERT. Was Fritz in the office?

Mr. SORRELS. He was in and out of there. He had walked in and walked
out. And I may have mentioned to him that--the fact that there was
other officers there besides Dean and myself. And I told Mr. Wade in
Dean’s presence that certain things that Mr. Wade had asked me about,
about Ruby saying that he had been--I think somebody had been thinking
3 days about shooting this fellow--that I heard no such statement,
that I had left when I got the information I wanted. In other words,
when I was questioning Ruby, as I recall it, nobody was asking him any
questions except me, and when I got through I left.

Mr. HUBERT. When did you find out that Dean and Archer had said or were
going to say that they heard Ruby say that he had intended to kill him
3 days before?

Mr. SORRELS. I don’t know that Archer said that--I don’t remember his
name.

Mr. HUBERT. Dean--when did you learn that?

Mr. SORRELS. When Mr. Griffin asked me over the telephone if certain
statements were made, and I told him, in conversation with him, the
statements that Ruby had made to me, and he asked me if certain other
statements were made, and I said not to my knowledge, “I don’t remember
anything like that,” and one of them was about whether or not Ruby
came down the ramp, and I told him at that time I didn’t recall that
statement having been made, and I didn’t believe that statement was
made in my presence.

Mr. HUBERT. I thought you said in the interview with Wade you told him
you did not hear Ruby say that he had formed the intent to kill Oswald
on Friday.

Mr. SORRELS. No, no.

Mr. HUBERT. I am sorry.

Mr. SORRELS. No; I didn’t hear that. Ruby didn’t say that. I told Wade
that.

Mr. HUBERT. You did tell Wade that? Did Wade ask you that?

Mr. SORRELS. He asked me if certain statements were made, and I told
him no, not in my presence.

Mr. HUBERT. In other words, you had not heard of that even until Wade
brought it to your attention?

Mr. SORRELS. No--not that part. The thing that Mr. Griffin was asking
me, I think, as I recall it, was about the ramp.

Mr. HUBERT. Wade asked you did you hear Ruby say, “I intended to kill
him since Friday night,” and your answer was “No; I didn’t.”

Mr. SORRELS. No; I didn’t hear it.

Mr. HUBERT. Did Mr. Griffin mention in the telephone conversation he
had with you statements allegedly made, or knowledge allegedly in the
possession of Dean in regard to what Ruby had said?

Mr. SORRELS. I remember specifically there was a statement about him
coming down the ramp. I remember that. And it seems that--I wouldn’t
be positive about that, but it seemed like there was something else
that Dean was supposed to have said in my presence, and I told him no I
didn’t hear anything like that.

Mr. HUBERT. I had thought you said that you told Wade that you had not
heard Dean say any such thing. But he asked you?

Mr. SORRELS. He asked me. No--you see, he had talked to Dean
beforehand, you see, about this. And I never had talked to Dean. As a
matter of fact, I had not seen him.

Mr. SMITH. I might say it was my impression at one time that Mr.
Sorrels said or indicated that in his conversation with Mr. Griffin,
this question about Ruby having premeditated this for 3 days came out
in this conversation with Griffin. At least I got that impression. But
do I understand it now to be clarified that that particular point did
not come out in your conversation with Griffin?

Mr. SORRELS. I don’t think on the telephone conversation at that time.

Mr. SMITH. It came out in your conversation with----

Mr. SORRELS. With Wade.

Mr. SMITH. With Wade?

Mr. SORRELS. That is right. But I think--can this be off the record?

Mr. HUBERT. I would rather it go on.

Mr. SORRELS. All right. We will have it on the record. I have had
other conversations with Mr. Griffin subsequent to that time, and
personally when he was there at Dallas, in which I believe that there
was some question about that statement. But as I recall it now, the
first conversation over the telephone was specifically about the ramp
incident. And I remember him emphasizing that. And I recall if such a
statement was said I don’t remember it, and I just don’t believe it was
said in my presence.

Mr. HUBERT. In regard to the conversation with Mr. Griffin in Dallas,
do you recall a conversation which I think I can specifically state
would have been on the morning of Wednesday, March 25--that is to say
the morning after Dean had been deposed. And let it be noted that Dean
was deposed on the night of March 24. Do you remember a conversation
with Mr. Griffin about what Dean had said then, and that you then told
Mr. Griffin what your version of it was, and had in fact--he asked you
to prepare a memorandum or something for him, so that there would be a
record of what he had told him?

Mr. SORRELS. Along about this same thing?

Mr. HUBERT. Yes, about this same matter, revolving around Dean and
Dean’s testimony about what Ruby had said.

Mr. SORRELS. I remember that there was a conversation. It seems like
I do have a recollection. It slipped my mind. But since you mention
something about a memo--and you left rather suddenly, Mr. Griffin, as I
recall it, right after that.

Mr. HUBERT. That is on the 27th? The question is--you have not written
a memo?

Mr. SORRELS. No.

Mr. HUBERT. Was there any reason why?

Mr. SORRELS. No. As a matter of fact, it just slipped my mind, I guess,
because I cannot recall now just exactly what the memo was. But since
he mentioned that, it seems I do recall something about something I
told him, and he said, “Write me a memo about it.”

Mr. HUBERT. Was Inspector Kelley present during your interrogation of
Oswald on Sunday morning for about 15 or 20 minutes, I think you said?

Mr. SORRELS. I don’t believe so. He might have been. But I don’t recall
that he was there.

Mr. HUBERT. Now, you have already testified that you and Mr. Kelley
went to Mr. Batchelor’s office after Oswald left on Sunday morning.

Mr. SORRELS. It is my recollection that we did go there together.

Mr. HUBERT. Was anybody else there?

Mr. SORRELS. If we didn’t, I met him up there.

Mr. HUBERT. Was anybody else there?

Mr. SORRELS. At the interview?

Mr. HUBERT. No, when you left, when Oswald left to go down to the
basement, you testified that you went with somebody, I think it was Tom
Kelley--went into Batchelor’s office and looked out to watch the scene.

Mr. SORRELS. Yes.

Mr. HUBERT. I think that was Tom Kelley there. Was anyone else there?

Mr. SORRELS. There was a number of officers around there.

I don’t recall who all was there. I just don’t recall who all was there.

Mr. HUBERT. Do you know how many officers or detectives were in Fritz’
office after Ruby had shot Oswald and had been brought up to Fritz’
office?

Mr. SORRELS. No, I don’t. There was a number of them around there.

Mr. HUBERT. Do you have any recollection that Dean was taken to escort
you up to Captain Fritz’ office?

Mr. SORRELS. Yes, I remember Dean went up the elevator with me.

Mr. HUBERT. Do you remember any comment that Dean made in Wade’s office?

Mr. SORRELS. The only comment that I can remember that he made is
when Mr. Wade asked me if certain things were said by Ruby when I was
talking to him in the jail on the morning of November 24, when Dean
was there, and I told him no, that that statement was not made in my
presence, I did not recall any statement like that. And Dean said,
“Well, maybe it was, after you left.” And I said, “Well, if it was--if
the statement was made, it would have had to be after I left, because I
don’t recall any statement like that.”

Mr. HUBERT. Did you ever find out how Wade or Curry or the police found
out about what Dean ultimately said?

Mr. SORRELS. Will you read that question again?

Mr. HUBERT. I said, did you ever find out how Wade and/or the police
found out themselves what Dean ultimately testified to?

Mr. SORRELS. No, I don’t know anything about that--unless it is in the
court records down there in his testimony at the trial. Now, whether or
not they had talked to him before what his testimony would be, I could
not say about that, I don’t know.

Mr. HUBERT. Did Wade or anyone else ever ask you to identify the two
uniformed officers?

Mr. SORRELS. No.

Mr. HUBERT. Did you ever consult with any of your superior officers in
your own service in regard to Wade’s request that you testify?

Mr. SORRELS. I told Inspector Kelley that I might get involved in this
thing, and he said, “Well, if you are subpenaed you will just have to
testify what you know about it.”

Mr. HUBERT. You didn’t make a written report?

Mr. SORRELS. No, sir; not that I recall.

Mr. HUBERT. Was FBI Agent Hall present during the Fritz’ interview?

Mr. SORRELS. I couldn’t say. I don’t think I know Agent Hall if he
walked in the door. I don’t recall ever having met him.

Mr. HUBERT. Did you ever hear Ruby say, “You all won’t believe this,
but I didn’t have this planned, and I couldn’t have done it better if I
had planned it,” or something to that effect?

Mr. SORRELS. No.

Mr. HUBERT. Now----

Mr. SORRELS. I don’t recall any statement like that.

Mr. HUBERT. Now, Mr. Stern is going to take over, and I am going to ask
him to handle the identification of your notes.

(Mr. Hubert left. Mr. Stern requested Mr. Griffin to handle the
identification of documents.)

Mr. GRIFFIN. Let me state that for the limited purpose of having Agent
Sorrels identify three sets of documents I am going to ask a series of
questions of Agent Sorrels.

Mr. Sorrels, I want to hand you a Xerox copy of a document which is
a part of our files, and numbered Commission No. 354, and is your
Secret Service serial 1,007, consisting of four pages, which you have
previously identified, and Mr. Hubert has marked “Deposition of Forrest
Sorrels, Washington, D.C., May 6, 1964,” and signed Leon D. Hubert.

I have added the additional designation “Exhibit 1,” on the first page
of this four page exhibit. I want you to look at that and tell me if
that is in fact the same exhibit you identified previously as I have
described it.

Mr. SORRELS. Yes, sir; it is.

Mr. GRIFFIN. Now, let me hand you what I have marked for the purpose
of identification as deposition of Forrest Sorrels, May 6, 1964,
Washington, D.C. This exhibit consists of four different pages which
I have numbered consecutively Exhibits 2-A, 2-B, 2-C, and 2-D, and
purports to be a Xerox copy of notes that you made of the interview
that took place with Jack Ruby in Captain Fritz’ office at 3:15 on
November 24, 1963.

Would you examine Exhibits 2-A, 2-B, 2-C, and 2-D and compare them with
the pages of your notebook which you have referred to previously in the
deposition, and tell us if that is a true and exact copy of all of the
notes that you have that pertain to the 3:15 interview with Jack Ruby?

Mr. SORRELS. Yes, that is correct.

Mr. GRIFFIN. Let me hand you what I have marked for the purpose of
identification deposition of Forrest Sorrels, May 6, 1964, Washington,
D.C., which is a document consisting of three pages, which I have
numbered consecutively Exhibit 3-A, Exhibit 3-B, Exhibit 3-C. This
exhibit purports to be a Xerox copy of notes that you took at an
interview with Jack Ruby in the fifth floor jail cell shortly after
Ruby shot Lee Oswald on November 24. I want you to compare these
exhibits to pages which you have testified to previously are in your
notebook, and tell me if Exhibits 3-A, 3-B, and 3-C are true and exact
copies of those pages which appear in your notebook?

Mr. SORRELS. Yes, they are. But there is portions that do not pertain
to the interview with Ruby in the Dallas City Jail on the morning of
November 24, 1963--but certain portions happen to be on the same page
as the notes made at that time were made.

Mr. GRIFFIN. Now, directing your attention to Exhibit 3-A, would you
tell us if that portion which pertains to Ruby--the Ruby interview in
the jail cell, and appears on that page, follows consecutively from
some point on that page?

Mr. SORRELS. Yes, from about the center of the page, below a wavy line
drawn across it, continuing on the second page, marked Exhibit 3-B,
and the third page marked Exhibit 3-C, down to the lower portion ending
with “deceased mother.”

Mr. GRIFFIN. All right. Now, directing your attention to Exhibit 3-A,
would you read the first two lines on Exhibit 3-A that consist of the
notes taken at your interview with Ruby in the fifth floor jail cell?

Mr. SORRELS. “Chicago, 3-25-1911, Jack Ruby (Rubenstein),
Entertainment, Carousel Club. Had business closed for 3 days.”

Mr. GRIFFIN. Now, let me hand you again Exhibit No. 1, and ask you if
that is a true and accurate copy, to sign your name on the first page
of that exhibit.

Mr. SORRELS. Yes, it is.

Mr. GRIFFIN. Would you sign your name, then, on the first page of the
exhibit?

Mr. SORRELS. Yes, sir.

Mr. GRIFFIN. Let me hand you what has been marked as Exhibit 2-A, B and
C, and D, and ask you if that is a true and accurate copy to sign your
name on the first page of Exhibit 2-A.

Mr. SORRELS. Yes.

Mr. GRIFFIN. Let me hand you, Mr. Sorrels, Exhibit 3-A, B, and C, and
ask you the same question with respect to that, and ask you to do the
same thing.

Mr. SORRELS. Yes, sir.

Mr. GRIFFIN. Now, let the record reflect that I am putting my initials,
BWG, on pages 2-A, 2-B, 2-C, and 2-D. Let the record reflect I have
done the same thing with pages 3-A, 3-B, and 3-C.

Mr. STERN. Mr. Smith, are there any questions you would like to ask Mr.
Sorrels at this stage of his deposition, to clarify any points on the
record?

Mr. SMITH. Yes, just with respect to one point.

Mr. STERN. Please go ahead.

Mr. SMITH. Mr. Sorrels, you testified that in your interview with Jack
Ruby in the jail, you did not warn him of his constitutional rights.
Was this due to oversight on your part?

Mr. SORRELS. No, it was not.

Mr. SMITH. Will you state, then, the reason why you did not do so?

Mr. SORRELS. My purpose in getting to Jack Ruby and talking to him
as quickly as I did was to determine whether or not he was involved
with anyone else in connection with the shooting of Lee Harvey Oswald,
and also to determine whether or not Jack Ruby had any connection
or association with Lee Harvey Oswald. I did not warn him of his
constitutional rights, because insofar as I was concerned at this
particular interview, my conversation with him was not--strike was
not--had no bearing insofar as the murder case against Jack Ruby was
concerned.

My purpose was trying to obtain information for my service to determine
whether or not there were others involved in this case that would be
of concern to the Secret Service in connection with their protective
duties of the President of the United States and the Vice President.

Mr. STERN. Is there anything else, Mr. Smith, you would like to cover?

Mr. SMITH. No. Thank you.

Mr. STERN. Mr. Sorrels, you have had a lengthy session here today. If
it is convenient for you, I would prefer to carry on that part of it
that I am interested in tomorrow morning, rather than to try to finish
late today. Would that be convenient for you?

Mr. SORRELS. That is satisfactory for me, yes.

Mr. STERN. Fine. Why don’t we suspend now and resume in the morning.



TESTIMONY OF DR. FRED A. BIEBERDORF

The testimony of Dr. Fred A. Bieberdorf was taken at 3:25 p.m., on
March 31, 1964, in the office of the U.S. attorney, 301 Post Office
Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert,
Jr., assistant counsel of the President’s Commission.


Mr. HUBERT. The deposition of Dr. Fred A. Bieberdorf [spelling]
B-i-e-b-e-r-d-o-r-f. Right?

Dr. BIEBERDORF. That’s correct.

Mr. HUBERT. Dr. Bieberdorf, my name is Leon Hubert, I am a member
of the advisory staff of the General Counsel of the President’s
Commission. Under the provisions of the Executive Order No. 11130,
dated November 29, 1963, Joint Resolution of Congress 137, and rules of
procedure adopted by the President’s Commission in conformance with the
Executive order and joint resolution I have been authorized to take a
sworn deposition from you. I state to you now that the general nature
of the Commission’s inquiry is to ascertain, evaluate and report upon
the facts relating to the assassination of President Kennedy and the
subsequent violent death of Lee Harvey Oswald.

In particular to you, Dr. Bieberdorf, the nature of the inquiry is to
ascertain the facts that you know about the death of Oswald and then
any other pertinent facts you may know about the general inquiry. Now,
Doctor, I think you have received a letter addressed to you by Mr. J.
Lee Rankin, General Counsel for the President’s Commission, is that
correct?

Dr. BIEBERDORF. Yes.

Mr. HUBERT. Was that letter received by you in excess of 3 days from
today?

Dr. BIEBERDORF. Yes.

Mr. HUBERT. All right, you are appearing here as a consequence of that
letter?

Dr. BIEBERDORF. That’s correct.

Mr. HUBERT. Would you stand and raise your right hand? Do you solemnly
swear that the testimony you are about to give will be the truth, the
whole truth, and nothing but the truth, so help you God?

Dr. BIEBERDORF. I do.

Mr. HUBERT. Please state your name, sir.

Dr. BIEBERDORF. Frederick Adolph Bieberdorf.

Mr. HUBERT. Your age?

Dr. BIEBERDORF. Twenty-five.

Mr. HUBERT. Your residence?

Dr. BIEBERDORF. 8603 Midway Road, Dallas.

Mr. HUBERT. What is your occupation?

Dr. BIEBERDORF. At present, fourth-year medical student.

Mr. HUBERT. Where?

Dr. BIEBERDORF. At Southwestern Medical School, University of Texas.

Mr. HUBERT. Did you happen to be in the basement of the jail of the
Dallas police, on the morning of November 24, 1963?

Dr. BIEBERDORF. I was.

Mr. HUBERT. In what capacity?

Dr. BIEBERDORF. I was, at that time, employed by the city of Dallas,
city health department, as first aid attendant for the--I was employed
at that time as first aid attendant by the city of Dallas, city health
department. The nature of this job is as follows: Mainly administering
first aid and emergency medical care to prisoners within the city jail,
or prisoners that they’ve brought in.

Mr. HUBERT. Had you been doing that sort of work for some time?

Dr. BIEBERDORF. A little bit over a year.

Mr. HUBERT. You say fourth year at the Southwestern University, does
that mean that you are a senior?

Dr. BIEBERDORF. That’s right. I graduate in June.

Mr. HUBERT. You will receive a M.D. in June?

Dr. BIEBERDORF. Yes.

Mr. HUBERT. In June of 1964?

Dr. BIEBERDORF. Yes; that’s correct.

Mr. HUBERT. What time did you go on duty that day?

Dr. BIEBERDORF. I arrived down there about 9:30 in the morning.

Mr. HUBERT. Now, Doctor, I have shown you, and I believe you have read
what purports to be a report of an interview of you by FBI Agents
Mabey and Hughes on December 5, 1963, which I am now marking for
identification on the first page by writing as follows: “Dallas, Tex.,
March 31, 1964. Exhibit 5123, Deposition of Dr. Fred Bieberdorf.” I am
signing my own name on the first page; on the second page I am placing
my initials in the lower right-hand corner, the same with the third and
the same with the fourth and last. In order that the record may show
that we are both talking about the same document, I ask you please to
sign your name under my signature, or by it, and place your initials
also on the subsequent pages. Now, Doctor, addressing ourselves to the
exhibit marked now for identification as 5123, I ask you if you have
read it?

Dr. BIEBERDORF. I have read it.

Mr. HUBERT. Is it correct and true?

Dr. BIEBERDORF. In the main, it is. There are a few corrections in it
and additions that I would like to make.

Mr. HUBERT. Very well. Suppose that we do it this way. If you can
identify by page, paragraph and sentence that part which you need to
have modified by reading in quotes, as it were, stating then for the
record, “quote, unquote,” and then make the comment. I think that the
record will be better in that way.

Dr. BIEBERDORF. Okay. First of all, throughout this document my last
name is misspelled.

Mr. HUBERT. Well, let’s see. To get that straight, your last name is
[spelling] B-i-e-b-e-r-d-o-r-f?

Dr. BIEBERDORF. And it is spelled “B-e-i,” instead of B-i-e.

Mr. HUBERT. I see.

Dr. BIEBERDORF. Okay. And on page 1, paragraph 2, on the second
sentence of that paragraph that reads, “He stated he relieved a Bill
Hall, former classmate, who had been on duty since noon of the previous
day.”

Mr. HUBERT. Now, what is the comment you have to make about that?

Dr. BIEBERDORF. Well, he is not a classmate. He is a medical student,
but he is not a classmate of mine.

Mr. HUBERT. Otherwise, the sentence is correct?

Dr. BIEBERDORF. Otherwise it is correct. Okay. In that same--on page
1, second paragraph, the sixth sentence, which reads, “He advised that
from his position he had an unobstructed view of the basement parking
area and that he did not notice if there were any doors between them
and the basement area.”

The position that they are talking about that has been previously
identified, I did not have what you would call an unobstructed view of
the area, due to the presence of somewhere around 20, somewhere between
15 and 20 newsmen that were standing between me and the basement
parking area.

Mr. HUBERT. Where were you standing?

Does that Exhibit 5123, state?

Dr. BIEBERDORF. It states that I was standing in the basement at an
intersection of the hallway beneath the city hall.

Mr. HUBERT. Isn’t that correct?

Dr. BIEBERDORF. That is correct, and I suppose that is the only
intersection of hallways underneath the city hall to the basement. I
can assure you on this [indicating].

Mr. HUBERT. Yes. All right, now, in connection with your explanation of
the sentence you have just quoted, I want to ask you what your position
was in the jail basement area. Now, you have examined the mockup which
is in this room, and in order to make a permanent record of where you
pointed out you were, I am marking a chart of the basement as follows:
“Dallas, Tex., March 31, 1964. Exhibit 5124. Deposition of Dr. Fred
Bieberdorf.” I am signing my name, and below that, and in order that
the record may show that we are both talking about the same document, I
ask you to sign your name below mine, and then correlating the mockup
and the chart marked Exhibit 5124, ask you to place an “X” and encircle
the “X” as to the position you were standing at the time of the
shooting.

Dr. BIEBERDORF. Let me look at this. Yes, that is the exact way. This
is accurate [indicating].

Mr. HUBERT. Now, you have marked----

Dr. BIEBERDORF. I drew in another line to represent the wall around the
corner.

Mr. HUBERT. You have also placed an “X” in your own handwriting, and I
am writing now the following: “Position of Dr. Bieberdorf at the time
of shooting.”

I am encircling that language and connecting it by a line with the
circle drawn by Dr. Bieberdorf. All right. Now, have you any other
comments to make about Document Exhibit 5123?

Dr. BIEBERDORF. A few more minor ones. Several more minor ones.

Mr. HUBERT. All right.

Dr. BIEBERDORF. Page 1, second paragraph, the last sentence on that
page states “He stated that he then immediately saw Ruby laying faceup
in the jail office lobby, approximately 10 feet inside the jail lobby
door.”

Mr. HUBERT. Now, your comment.

Dr. BIEBERDORF. My comment is that I did see Ruby’s feet, at least,
but I did not notice whether he was lying faceup or facedown. He was
surrounded by a number of police officers.

Mr. HUBERT. Did you know Ruby at the time?

Dr. BIEBERDORF. No, I didn’t have any idea who it was, and that is the
reason that I got so close there, that I thought that this was Oswald.

Mr. HUBERT. You thought it was the man who had been shot?

Dr. BIEBERDORF. All right. Correction, not Oswald, but the person who
had been shot. At the time I did not know who had been shot, if, any
shot--if, indeed it had been a shot and I did not get a look at the
person to see his face, or even to see whether he was lying faceup or
facedown. I could just see him on the floor surrounded by a number of
men.

Mr. HUBERT. All right, any other modifications or corrections?

Dr. BIEBERDORF. On page 2, it is actually a continuation of the same
sentence that ends on page 1. On page 2, “And he then saw Oswald in the
same position.”

Well, “same position,” refers to “faceup,” and indeed, Oswald was
faceup, but if this is an amendment where Ruby is no longer faceup,
better change this to “faceup.”

Mr. HUBERT. All right.

Dr. BIEBERDORF. Okay. On page 2, the first paragraph; about the third
sentence there begins, “He noticed that someone had pulled Oswald’s
shirt up to his chest, and he could see a puncture wound in the left
side of Oswald’s stomach just below the rib cage.”

He did have this puncture wound on his left side, but it wasn’t below
his rib cage. It was--I’d like to correct that “stomach”. Just below
the rib cage to the left side of his lower chest. I don’t really--I
didn’t count what rib it was under, but I believe it was between the
two ribs, probably down just below the fifth or sixth.

Mr. HUBERT. All right, any others?

Dr. BIEBERDORF. Oh; I skipped one or two. Excuse me. Back on page 1,
the second paragraph on page 1, the sentence that begins near the
bottom of the page, that begins: “He stated this took him several
minutes due to the confusion and by the time he reached the general
vicinity of the location--”. This “several minutes,” I don’t believe is
accurate. I don’t recall whether I said several minutes at the time. I
later--well, I think it was a matter of, say, “something like 1 to 2
minutes, rather than several minutes” and again, in the same paragraph,
next to last sentence on the page that begins, “He stated he searched
the immediate area for several minutes before proceeding.”

I think this, again, is way too long and had better read, “a few
seconds,” than several minutes.

Mr. HUBERT. Any other corrections?

Dr. BIEBERDORF. On page 2, second paragraph, the third sentence
which is the last sentence, “He stated the latter two,” referring to
the ambulance driver and his assistant, “--ambulance driver and his
assistant were riding in the front seat, and the two detectives were in
a seat immediately behind the front seat, and Detective Leavelle was
sitting immediately to his left in the rear of the ambulance.” The two
detectives, and rather than “sitting in the seat in--immediately behind
the front seat,” they were behind--just inside the tailgate of the
ambulance, about Oswald’s feet, and Officer Leavelle and myself were
sitting in the seat directly behind the front seat.

You earlier made the query about when I had left him. It states in
here--on page 2, the last sentence of the last paragraph, “He stated
2 minutes after entering the emergency room, also known as the trauma
room, Oswald was removed to the operating room.” He was removed to the
operating room via an elevator, and at that point that was the point I
last saw him.

Mr. HUBERT. Was he alive at that point?

Dr. BIEBERDORF. He was still alive at that time. I am just going by
hearsay, now. He was said to have died--well, he was still moving
around at that time, so, he was definitely alive.

Mr. HUBERT. You were with him in the ambulance all the way through?

Dr. BIEBERDORF. Yes, sir.

Mr. HUBERT. And when he got to the ambulance you saw signs of life?

Dr. BIEBERDORF. Although, I did not until we got about halfway to
Parkland.

Mr. HUBERT. You thought he was dead?

Dr. BIEBERDORF. He--I surmised he was dead until he started moving a
little bit.

Mr. HUBERT. Did he make any statement at all?

Dr. BIEBERDORF. He did not utter any sound at all, that I heard.

Mr. HUBERT. Any other corrections?

Dr. BIEBERDORF. Let’s see. On page 3, the second paragraph, “Bieberdorf
states that he was not acquainted with Jack Ruby, but that he did
interview Ruby in the police jail on Sunday, November 24, at about 4 or
5 p.m.”

This time--I looked it up at a later date, and it was at exactly 2:05
p.m., rather than my estimation at that time of 4 or 5 p.m.

Mr. HUBERT. All right, have you any other on that document 5123?

Dr. BIEBERDORF. Well, there are a few more.

Mr. HUBERT. Otherwise, it stated correctly the nature of the physical
examination that you gave to Ruby and the findings?

Dr. BIEBERDORF. The next sentence that follows that is correct, but
then there is another. That same paragraph, the last sentence in this
paragraph reads, “Bieberdorf states that he gave Ruby a physical
examination at this time in order to insure Ruby had not concealed any
weapon on his person.”

This is not correct here. Later on in the afternoon of November 24, I
was asked by the police or Lieutenant--I believe in charge of the jail
at that time, to go upstairs and at the request of detectives and one
of the FBI agents, I performed a rectal examination on him to make sure
he had not smuggled--or to see if he had brought anything in on his
person.

This was at 6 p.m., so, I did see Ruby on two occasions. One at 2:05
and one at 6. I think that report tends to indicate it was only one.

Mr. HUBERT. It really was two, and you have explained it.

Dr. BIEBERDORF. Yes.

Mr. HUBERT. All right.

Dr. BIEBERDORF. Okay, on page 3, the last paragraph, second sentence,
“He stated he had no knowledge of security measures in effect in the
basement on November 24, 1963, other than the fact that he was asked to
remove himself from the basement, and he assumed only police officers
and press men were allowed to remain.” I think that sentence ought
to be deleted and changed to something like: “I was asked to remove
myself from the basement parking area at--prior to Oswald’s being
moved, and was told by police officers at that time that only police
personnel were being allowed in the area, and I, of course, later saw
that press men were able to gain access to the area by presenting their
credentials.”

And that is, I think, the only correction.

Mr. HUBERT. About what time did you move from the first aid----

Dr. BIEBERDORF. 9:45. It states that earlier in here. States that on
the first page.

Mr. HUBERT. Did you remain in the position indicated by you on the
chart, which has been identified as Exhibit 5124, all that while? In
other words, you were told by the police to leave the----

Dr. BIEBERDORF. To leave the parking area, and I left there, and at the
time of the shooting I was at that particular spot.

Mr. HUBERT. That is to say, the spot that----

Dr. BIEBERDORF. That I marked on that you have marked the--No. 5124.

Mr. HUBERT. Between the time that you left and the time of the
shooting, where were you?

Dr. BIEBERDORF. I was, the majority of the time, down at the
subbasement in the locker room. I was no closer to the spot that
Oswald was shot--at which Oswald was shot than I was at the time of
the shooting, and no time was I--well, with the exception of crossing
through about 9:45.

Mr. HUBERT. Now, when you left the first aid room in the bottom floor,
did you leave anybody in there? Was there anyone in those rooms at that
time?

Dr. BIEBERDORF. There was no one in the room. It was empty. The fellow
that I had relieved left the building.

Mr. HUBERT. Were those doors locked?

Dr. BIEBERDORF. Those doors were locked, and I had a key to them. The
police officer, just before I left, looked in the rooms, searched them.
I unlocked the rooms for them. Now, I don’t know----

Mr. HUBERT. To your knowledge, was there anyone in those rooms at all?

Dr. BIEBERDORF. There was nobody in those rooms, and I had the only key
that is commonly used to open those rooms, other than the keys that the
janitors have.

Mr. HUBERT. And all doors were locked and you had a key, and as far as
you know, you are the only one who does have a key unless there is a
general key?

Dr. BIEBERDORF. Well, I am sure there is.

Mr. HUBERT. All right. Any other corrections to be made on that exhibit?

Dr. BIEBERDORF. I don’t believe so. I could add, to what Ruby said, or
what----

Mr. HUBERT. Well, yes; I should like you to say if there is anything in
there that--or if you heard something that Ruby said which is not in
your report denominated as Exhibit 5123, I wish you would add that.

Dr. BIEBERDORF. Okay; well, as I stated earlier, I saw him on the
two occasions. Once at approximately 2:05, and the second time at
approximately 6 p.m., both on November 24.

At the 2:05 time that I saw him, he, as I stated in this
document--Well, let me just go through what, as best I can recall, what
was said. I identified myself to him. I don’t recall that he said who
he was or that either the police officer with him or the FBI agent with
him at the time identified him to me. I told him that I had been asked
to see if he had any complaints or injuries as a result of the earlier
scuffle he had in the city hall.

He assured me that he was not injured in any way. He took off his coat,
which he had on at the time, and showed me a few bruises on the medial
aspect of his right arm, and I also noted a few bruises on his right
wrist which appeared to be fresh, but, he assured me these weren’t
bothering him, and he had no other injuries. He, at that time--oh, I
don’t recall the exact words he used, but he expressed an admiration
for the police officers. And in saying that he had no injuries he
stated that the police had just done what they had to do, that they
hadn’t injured him any more than necessary, than he would expect in
such a scuffle, and again spoke of how the police were doing their job
and how they were doing their job well.

At 6 o’clock. Well, excuse me. Delete that 6 o’clock.

He, at that time, did not seem to act--I did not make any observation
of his behavior at that time.

Just saw him for a matter of 2 or 3 minutes during that time. I did not
attempt to do any mental status observation or examination on him, and
really couldn’t say anything, hadn’t formed any opinion as to the state
of mind that he was in at that time.

Mr. HUBERT. Is that last statement of yours true as to both interviews,
or only the 6 o’clock one?

Dr. BIEBERDORF. Both interviews. I saw him 2 or 3 minutes at 2 o’clock,
or 2:05, and another 2 or 3 minutes at 6 o’clock. Now, the conversation
that I mentioned occurred at 2:05.

Mr. HUBERT. No conversation in the evening, in the later call, later
visit?

Dr. BIEBERDORF. At that time--6 o’clock when I saw him, I had stated
that I had been asked to do additional and rectal examination to make
sure he had not smuggled anything into the jail. By this time he had on
a pair of white pants and white shirt that apparently, looked like a
uniform that cooks in the city jail wear. He had on different clothes
than he had on at 2:05, and I explained to him what I had been asked
to do and we found a little room just off the main lobby there, and
went in there, and he bent over and I performed a rectal examination on
him, and he made the comment that this was the worst massage that he
had ever had, and that is all the conversation that I recall. The only
comment that I recall that he made. That was at the 6 o’clock visit.

Mr. HUBERT. All right. Any other corrections you have to make?

Dr. BIEBERDORF. I believe that is all.

Mr. HUBERT. As to Exhibit 5123?

Dr. BIEBERDORF. That’s all.

Mr. HUBERT. Did Ruby, at any time, make any comments as to his motive,
or his intent?

Dr. BIEBERDORF. At neither time that I saw him was the shooting brought
up. I did not mention it and he did not mention it, and it was all the
talk we had.

Mr. HUBERT. Let me put it to you this way; do you consider that taking
the FBI report which has been identified as Exhibit 5123, and taking
also your deposition today, including your identification on the chart,
which is 5124, that there has now been recorded all you know about this
matter, completely?

Dr. BIEBERDORF. Yes.

Mr. HUBERT. Now, have you been interviewed by any member of the
Commission’s staff prior to the time----

Dr. BIEBERDORF. Not by the Commission.

Mr. HUBERT. None of the Commission’s staff?

Dr. BIEBERDORF. I mean by the Commission’s staff.

Mr. HUBERT. Other than myself?

Dr. BIEBERDORF. Well, not that I know of. I was interviewed, of course,
by the FBI man.

Mr. HUBERT. Insofar as our interview is concerned, today, prior to the
commencement of this deposition, was there anything in that interview
which is inconsistent with your deposition taken after the interview
ended?

Dr. BIEBERDORF. I believe not.

Mr. HUBERT. Anything of material nature which was discussed in the
interview which has not been brought out in this deposition?

Dr. BIEBERDORF. No.

Mr. HUBERT. All right; I think that is it, sir.

Thank you.



TESTIMONY OF MRS. FRANCES CASON

The testimony of Mrs. Frances Cason was taken at 4:10 p.m., on April
1, 1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Mrs. Frances Cason [spelling]
F-r-a-n-c-e-s?

Mrs. CASON. Yes, sir.

Mr. HUBERT. Mrs. Cason, my name is Leon Hubert, I am a member of the
advisory staff of the General Counsel on the President’s Commission.
Under the provisions of the Executive Order 11130, dated November 29,
1963, the Joint Resolution of Congress No. 137, and the rules and
procedure adopted by the Commission in conformance with the Executive
order and joint resolution, I have been authorized to take a sworn
deposition from you. Mrs. Cason, I state to you now that the general
nature of the Commission’s inquiry is to ascertain, evaluate and report
upon the facts relating to the assassination of President Kennedy and
the subsequent violent death of Lee Harvey Oswald. In particular as to
you, Mrs. Cason, the nature of the inquiry today is to determine the
facts you know about the death of Oswald and any other pertinent facts
you may know about the general inquiry.

In particular, with reference to your duties as a dispatcher of the
Dallas Police Department.

Now, Mrs. Cason, you have appeared here today by virtue of an informal
request made by the General Counsel of the staff of the President’s
Commission, and under the rules adopted by the Commission you would
normally be entitled to a 3-day written notice prior to the taking of
your deposition, but those rules also provide that that 3-day written
notice may be waived, and I ask you if you are willing to waive that
notice at this time?

Mrs. CASON. Yes, I will.

Mr. HUBERT. All right, stand and raise your right hand, please, Ma’am,
so as to be sworn.

Do you solemnly swear that the testimony you are about to give will be
the truth, the whole truth, and nothing but the truth, so help you God?

Mrs. CASON. I do.

Mr. HUBERT. State your name, please.

Mrs. CASON. Frances Cason.

Mr. HUBERT. Your age?

Mrs. CASON. Age 26.

Mr. HUBERT. Are you married, Mrs. Cason?

Mrs. CASON. Yes, I am.

Mr. HUBERT. Then I suppose we should have your husband’s name?

Mrs. CASON. Jimmy D. Cason.

Mr. HUBERT. What was your name prior to the marriage?

Mrs. CASON. Shanz [spelling] S-h-a-n-z.

Mr. HUBERT. Where do you reside?

Mrs. CASON. 2822 Greene [spelling] G-r-e-e-n-e, in Irving, Tex.

Mr. HUBERT. What is your occupation?

Mrs. CASON. Telephone clerk in the telephone dispatcher’s office at the
Dallas Police Department.

Mr. HUBERT. How long have you been so employed?

Mrs. CASON. Since September 6, 1963. Before that I had a 6 months’
leave of absence and was employed for the police department for 2½
years.

Mr. HUBERT. Were you on duty between the hours of 7 a.m. and 3 p.m., on
November 24, 1963?

Mrs. CASON. Yes, I was; actually, it is 6:30 to 3:30.

Mr. HUBERT. Now, Mrs. Cason, I have marked for the purposes of
identification a document which is to be found in Commission’s report
81-A, which is entitled “Investigation of the Operational Security
Involving the Transfer of Lee Harvey Oswald on November 24th, 1963.”
On page 14, thereof, I have also marked Exhibit EE in that document,
the following for the purposes of identification, “Dallas, Texas, April
1, 1964. Exhibit 5135, Deposition of Frances Cason and C. E. Hulse.” I
have signed my name below that and ask you if you have not signed your
name, for the purposes of identification, also on this same document?

Mrs. CASON. Yes; I did.

Mr. HUBERT. Will you state in your own words just exactly what part you
had to do with this Exhibit 5135, which you now have before you?

Mrs. CASON. You want me to just go ahead?

Mr. HUBERT. Yes.

Mrs. CASON. At approximately 11:20, or 11:21, I received a call from
the basement of city hall there from Officer Slack, who works in the
jail office.

Mr. HUBERT. Did you know Officer Slack prior to this time?

Mrs. CASON. Yes; I did.

Mr. HUBERT. Had you spoken to him on the telephone before?

Mrs. CASON. Yes; I have.

Mr. HUBERT. Can you state that you are able to recognize his voice?

Mrs. CASON. Yes; I did.

Mr. HUBERT. Did you recognize the voice then speaking to you as being
the voice of Officer Slack?

Mrs. CASON. Yes; I did.

Mr. HUBERT. All right; now, go ahead.

Mrs. CASON. In addition, he told me it was Officer Slack when he
called. It is not unusual for them to say, “This is Slack in the jail
office.” So he would identify himself and ask to speak to Officer
Farr, that is J. G. Farr, who is our corporal.

Mr. HUBERT. How do you spell his last name?

Mrs. CASON. [spelling] F-a-r-r. And he was in charge on that Sunday
because we did not have a sergeant there, and he had asked to speak to
Farr, and I told him Officer Farr was working channel 2, which is a
separate channel that we have, and so he told me, he said, “They just
shot Oswald,” or “Somebody just shot Oswald,” and I told him, “Okay.”
And placed him on hold and told Farr that he had a red light on 531,
and I proceeded to call the ambulance service on the hot line.

Mr. HUBERT. Please describe the hot line?

Mrs. CASON. The hot line is a straight line from our dispatcher office
to the ambulance company which requires no dialing. You just lift it up
and it rings from our office to theirs.

Mr. HUBERT. So, then, immediately upon getting this information from
Slack you passed it on to Farr by word of mouth?

Mrs. CASON. I did not tell Officer Farr that Oswald had just been shot.
I felt it was more important to get the ambulance and in time they
would know soon enough. I told them he had a red light, and I knew
Slack would tell him what happened in the basement.

Mr. HUBERT. So then you flipped the button for the hot line at O’Neal
Funeral Home?

Mrs. CASON. Yes; I did.

Mr. HUBERT. Did you get it immediately?

Mrs. CASON. Yes.

Mr. HUBERT. What happened then?

Mrs. CASON. It is just a matter of seconds until they answered, and I
told them that someone just shot Oswald in the basement, and we needed
a white ambulance, code 3, to the basement.

Mr. HUBERT. What does code 3 mean?

Mrs. CASON. Code 3, red lights and sirens, as fast as possible.

Mr. HUBERT. What did the man on the other end say to you?

Mrs. CASON. He told me he would send ambulance 607, from his office,
and I told him, “Okay,” and hung up the phone.

Mr. HUBERT. Now, who were you speaking to, do you know?

Mrs. CASON. I do not know. Sometimes they will give their names when
they answer, and sometimes they do not, and I do not remember if he did
or not.

Mr. HUBERT. He told you that 607, ambulance 607, would answer this call?

Mrs. CASON. Yes; he did.

Mr. HUBERT. And answer it under conditions of code 3, that is to say,
as fast as possible, red lights and sirens.

Mrs. CASON. Yes, sir.

Mr. HUBERT. What happened next?

Mrs. CASON. Apparently I must have told Officer C. E. Hulse, who was
on the radio, that Oswald had just been shot, and I had ordered an
ambulance, and by then I proceeded to make up the call sheet, which is
just routine work that we do in the office on every call that we take.

Mr. HUBERT. All right. Now, you have before you Exhibit 5135, which
is the call sheet we are talking about, and I notice written in hand,
“605 on air,” and it seems to be next to the initials, “F.C.” Is that
language, to wit, “Ambulance 605 on air,” in your handwriting?

Mrs. CASON. Yes; it is.

Mr. HUBERT. Are the initials “F.C.” your initials?

Mrs. CASON. Yes; they are.

Mr. HUBERT. Now, can you tell us about when you made up that card?

Mrs. CASON. Immediately after ordering the ambulance I made up the call
sheet. I did not have to look up the district or any of the information
because I knew it all by memory, and we have a lot of calls to city
hall, and normally use 2000 and Main, and I knew, of course, it was
district 102, and----

Mr. HUBERT. And the top of the card shows it is district 102?

Mrs. CASON. Yes, sir.

Mr. HUBERT. Now, there is also on that Exhibit 5135, and it appears
in blue ink printed by someone in the column entitled, “Ambulance
ordered,” the following: “C--11:12 a.m., November 24th----”

Mrs. CASON. 11:21, it said----

Mr. HUBERT. “11:21,” I beg your pardon. Then the column immediately
below that, “Time received,” “C--11:21 a.m., November 24th.”

Can you explain that to us, please?

Mrs. CASON. Well, the writing was not on the original call sheet. The
original call sheet was stamped in the timeclock. The only reason I can
see for it is that in the copying of the call sheet, the printed matter
did not show up, and it was necessary to write this in in ink.

Mr. HUBERT. In other words, it is your thought that the original of
which 5135 is a photostatic copy, has got the time printed, and that
someone just simply wrote it in?

Mrs. CASON. I feel like it was stamped; yes, sir. I am almost positive
it was.

Mr. HUBERT. This writing in blue ink that I referred to is not in your
handwriting?

Mrs. CASON. No, sir; it is not.

Mr. HUBERT. What would have been the normal procedure for stamping the
time in those two columns?

Mrs. CASON. Well, ordinarily, we make up the call sheet before we stamp
it in complete form. In other words, we don’t do part of it and stamp
that and then do part of it again and stamp that time. I, myself,
always stamp the time that the ambulance is ordered regardless of
whether it is on the air or whether it is sent from the office itself.
Whereas, some other telephone clerks may have left the “Ambulance
ordered” place blank for the dispatcher to stamp.

That is, if it was an ambulance on the air call.

Mr. HUBERT. You feel certain, therefore, that you, having prepared the
card, did put it into the time clock?

Mrs. CASON. Yes, sir. I feel sure I stamped the card twice as to the
time. Once for the ambulance and----

Mr. HUBERT. How long would it take you to prepare the card?

Mrs. CASON. Just a few seconds. It is very routine, and it just takes a
matter of a few seconds if you are familiar with it.

Mr. HUBERT. What kind of time clocks are these? I don’t mean the make
of them, but how do they work? Are they automatic?

Mrs. CASON. Yes; they are. They are all electric clocks, and I believe
the name of them is Synchron. They show the time on the face of the
clock, and you insert the call sheet on the place marked by a red
arrow, and when you place the call sheet in, the weight of it causes
the clock to stamp the time.

Mr. HUBERT. You do not have to punch anything down?

Mrs. CASON. The weight of the card causes the clock to stamp the time.

Mr. HUBERT. Now, is that clock checked at any time as to accuracy?

Mrs. CASON. I don’t know how often they are checked. I do know that
sometimes we find a discrepancy as to the time on the clock insofar as
sometimes when we dispatch--when we sent a call sheet through and the
time received may be--it says, this could have been 11:23 on the time I
received the call, and when we dispatched it it would have shown 11:22,
then we would know that the clocks were off, because we couldn’t--I
couldn’t receive a call after we had dispatched it.

Mr. HUBERT. But, the dispatcher would be using a different clock from
you?

Mrs. CASON. And when we find these errors in these clocks this way,
someone in the office usually adjusts them to where they all are
stamping the same time. It doesn’t happen very often that they get out
of time, but sometimes they do.

Mr. HUBERT. They are not all tied into a master clock?

Mrs. CASON. No; not as far as I know. I don’t really know how the
system works, but I don’t believe they are. I believe they are all on
individual basis.

Mr. HUBERT. I notice that Exhibit 5135 shows an “M.J.”; is that in your
handwriting?

Mrs. CASON. Yes; it is.

Mr. HUBERT. Well----

Mrs. CASON. These are the initials of Officer M. J. Jackson who was
working on the radio with Officer C. E. Hulse at the time the calls
were dispatched. The way our radio is set up part of the squads are
handled by this officer on one side of the board and part of the squads
and the ambulances and APB, which is traffic investigators are handled
by the officer on the other side of the radio board, and Mr. Jackson
was sitting on the side of the board that would handle a call in the
downtown area. That is why I placed his initial on the call sheet, but
when it got in there Officer Hulse had already been talking to the
ambulance and was dispatching the call rather than Mr. Jackson.

Mr. HUBERT. Have you stated yet whether you conveyed the information
about Oswald being shot to Officer Hulse by word of mouth?

Mrs. CASON. No.

Mr. HUBERT. Tell us what happened there?

Mrs. CASON. There is a discrepancy in the number of the ambulance that
was on the call sheet and the number of the ambulance that was told to
me that would be sent by the ambulance company. I feel that the reason
for this is because I called Officer Hulse over the intercom that we
have between the telephone clerk’s office and the radio dispatcher’s
office and told him that Oswald had been shot, and I was sending an
ambulance, and it is my understanding that ambulance 605 was cleared
in the downtown area, and he gave it to ambulance 605, and told me
to clear 607 through the office, so, rather than put 607 on the call
sheet, I put ambulance 605 on the air, because he was giving the call
on the air.

Mr. HUBERT. Well, Officer Hulse got the information that Oswald was
shot and that an ambulance was needed from you?

Mrs. CASON. I do not have total recall about the matter, but I
feel like Officer Hulse knew Oswald had been shot. This is my only
explanation for it. It was busy that day and things were confusing, and
I just feel like this is what must have happened. It’s not unusual for
us to tell them about things like this on the intercom that is placed
there for that reason, like if we have an armed robbery they can tell
them the location and they can have a squad practically there before we
can make up the call sheet, because it takes longer to make up a call
sheet if you have to look up the district, and we do not know all of
the districts. I happened to know what district this call was in.

Mr. HUBERT. That is why it was easy and quick for you to make up your
call sheet, identified as Exhibit 5135?

Mrs. CASON. Yes, sir.

Mr. HUBERT. Now, is there anything that we have not covered, to your
recollection?

Mrs. CASON. I can’t think of anything other than that we did not know
the exact time that Oswald was to be transferred and I might clarify
the matter as to why Officer Farr was on channel 2. Channel 2 was
maintained throughout the whole time that President Kennedy was in town
and was used for special services such as the--if we have a whole lot
of extra traffic men and solo motorcycles and things of this sort to
keep them off of channel 1, they set up channel 2, and put all of those
people on that channel 2, and I feel sure that this must have been the
case this day, because they must have had all sorts of extra people set
up for the transfer from the city hall to the county jail and this is
probably why Officer Farr was maintaining channel 2.

Mr. HUBERT. But this call went out on channel 1?

Mrs. CASON. This call went out on channel 1, but other than that, I
can’t think of anything else I know that might have any bearing on this
whatsoever.

Mr. HUBERT. Let me ask you this: We did have an interview, didn’t we,
immediately before the beginning of this deposition?

Mrs. CASON. Yes.

Mr. HUBERT. Can you think of anything that we discussed in the course
of that interview which has not been covered in this deposition?

Mrs. CASON. Only pertaining to the squad dispatched, and I believe
Officer Hulse can cover that. Other than that, I can’t think of
anything.

Mr. HUBERT. All right, now, do you perceive any inconsistencies between
the interview and the facts brought out in the interview and your
deposition now being taken?

Mrs. CASON. No; I don’t.

Mr. HUBERT. I think that is all, then. Thank you very much.

Mrs. CASON. Thank you.



TESTIMONY OF MICHAEL HARDIN

The testimony of Michael Hardin was taken at 4:30 p.m., on March 31,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of--Michael?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. [Spelling] M-i-c-h-a-e-l? H-a-r-d-e-n?

Mr. HARDIN. -i-n.

Mr. HUBERT. [Spelling] H-a-r-d-i-n?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. My name is Leon D. Hubert, I am a member of the advisory
staff of the General Counsel of the President’s Commission. Under the
provisions of the Executive Order No. 11130, dated November 29, 1963,
Joint Resolution of Congress 137, and the rules of procedure adopted by
the Commission in conformance with that Executive order and the joint
resolution, I have been authorized to take a sworn deposition from you,
Mr. Hardin, identified in my authority as the proper representative of
the O’Neal Funeral Home. I state to you now that the general nature
of the Commission’s inquiry, to ascertain, evaluate, and report upon
the facts relating to the assassination of President Kennedy and
subsequent violent death of Harvey Lee Oswald. In particular to you,
Mr. Hardin, the nature of our inquiry today is to determine the facts
you know about the death of Oswald and any other pertinent facts you
may know about the general inquiry including the ambulance call and the
documents relative to that of the O’Neal Funeral Home.

Now, Mr. Hardin, I think you have appeared today by virtue of a
general request made by Mr. J. Lee Rankin, who is the General
Counsel of the Commission’s staff. And that general request--rather
it was a particular request to the O’Neal Funeral Home to have its
representatives come and have their depositions taken and to produce
certain documents relative to the matter under inquiry.

Have you received a copy of that letter?

Mr. HARDIN. No, sir; I haven’t.

Mr. HUBERT. Well, under the rules adopted by the Commission you would
be entitled to a 3-day written notice prior to the taking of this
deposition, but the rules also provide that you can waive that 3-day
written notice if you so wish. Do you desire to waive it?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. Then, will you raise your right hand so that I may
administer the oath. Do you solemnly swear to tell the truth, the whole
truth, and nothing but the truth so help you God?

Mr. HARDIN. I do.

Mr. HUBERT. Will you state your full name, please?

Mr. HARDIN. Michael Norfleet Hardin.

Mr. HUBERT. And your age?

Mr. HARDIN. Twenty-three.

Mr. HUBERT. Your residence?

Mr. HARDIN. 1311 Exeter.

Mr. HUBERT. Dallas?

Mr. HARDIN. Yes, sir; it is in Dallas.

Mr. HUBERT. And your occupation?

Mr. HARDIN. I drive one of the city contract emergency ambulances.

Mr. HUBERT. Now, on November 24, what was your occupation?

Mr. HARDIN. City ambulance, or contract emergency ambulance driver.

Mr. HUBERT. What connection have you with O’Neal?

Mr. HARDIN. I drive the ambulance for the funeral home. We are under
contract to the city for emergency ambulance service.

Mr. HUBERT. Now, you have produced written records which you have in
your hand now. Do you, from your own knowledge, know those records to
be the official records of the O’Neal Funeral Home?

Mr. HARDIN. Yes; I do.

Mr. HUBERT. Are those records relied upon by the O’Neal Funeral Home in
the course of their ordinary normal business transactions?

Mr. HARDIN. Yes.

Mr. HUBERT. Is it a normal administrative matter to make such records
as you now hold in your hand, which you are producing?

Mr. HARDIN. Yes, sir; it is.

Mr. HUBERT. Well, now, we’ll mark these various documents for
identification, as follows, to wit: And I might add that although
you have the originals we have compared the originals, have we not,
with these photostatic copies, and, of course, they are identical.
Therefore, I am not going to take the original from you, or even mark
them for identification, but use, for all purposes the photostatic
copies that you have supplied and you may keep the originals, or return
them where you got them from. But for the purposes of identification,
now, let us mark the documents as follows: There is an ambulance call
record which I am identifying as follows:

“Dallas, Tex., March 31, 1964. Exhibit No. 5125, deposition of Michael
Hardin,” and signing my name on it.

Mr. HARDIN. Okay, sir.

Mr. HUBERT. There is another ambulance call record which I am marking
as follows: “Dallas, Tex., March 31, 1964. Exhibit 5126. Deposition of
Michael Hardin,” and signing my name on it. Finally there is a call
ticket bearing number 35127, which I am marking, “Dallas, Tex., March
31, 1964. Exhibit 5127, Deposition of Michael Hardin,” and signing my
name on the bottom of it, and for the purposes of identification and
so that the record may show that we are both talking about the same
documents I will ask you to sign your name near mine, or below on each
one of the three.

Mr. HARDIN. All right.

Mr. HUBERT. Now, Mr. Hardin, I hand you the document which has been
marked for identification as Exhibit 5125, and ask you to identify that
document for the record.

Mr. HARDIN. That is the ambulance call sheet--we--that was the original
call sheet from the--made from the call itself, or at the time of the
call itself.

Mr. HUBERT. Now, whose handwriting appears on that?

Mr. HARDIN. That is our dispatcher, or Hal Priddy, this is his
handwriting.

Mr. HUBERT. That is Harold--Hal Priddy. [Spelling] P-r-i-d-d-y?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. He is outside in the hall right now?

Mr. HARDIN. Yes, sir; he is.

Mr. HUBERT. Do you recognize the handwriting?

Mr. HARDIN. I am not too familiar with it, really.

Mr. HUBERT. That is all right. He will identify it.

Mr. HARDIN. Well----

Mr. HUBERT. I show you a document marked previously for identification
as 5126, and ask you to identify that document.

Mr. HARDIN. This is a copy of the call sheet taken from the police
dispatcher’s tape.

Mr. HUBERT. Whose handwriting appears on that sheet?

Mr. HARDIN. This is my handwriting on this one.

Mr. HUBERT. As I see it, that is sort of a reconstruction, or amendment
of the first document, 5125, is that correct?

Mr. HARDIN. Yes, sir; it is.

Mr. HUBERT. There is some data missing from 5125, which is supplied on
5126, is that right?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. And you supplied that missing information by inserting the
times, principally, in your own handwriting, which times you obtained
from the police tape relevant to this transaction?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. All of that is in your handwriting?

Mr. HARDIN. Yes, sir; it is.

Mr. HUBERT. Do you state now for the record that those times entered on
Exhibit 5126, were accurate entries as you gathered them and found out
about them from the police log?

Mr. HARDIN. That’s right; yes, sir.

Mr. HUBERT. Now, I show you the document marked 5127, and ask you if
you can identify that.

Mr. HARDIN. That is the ambulance--the call ticket that was made on the
call.

Mr. HUBERT. Whose handwriting is that document written in?

Mr. HARDIN. That is my handwriting.

Mr. HUBERT. When was it written?

Mr. HARDIN. Written at the time of the call, or right after the call
was made.

Mr. HUBERT. And before you answered the call?

Mr. HARDIN. No, sir; after we had already answered the call and cleared.

Mr. HUBERT. In other words, after the person had been brought to the
hospital?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. You then executed that form. All right. Now, tell us what
you know about what happened on November 24, 1963.

Mr. HARDIN. We were en route to the funeral home from veterans
hospital, and we were on the Stemmons Freeway, about a quarter of a
mile southwest of Industrial Boulevard, and we received a call that--at
11:21 over the police radio on signal 19, which is a shooting in the
basement of the city hall.

Mr. HUBERT. Did you have radio equipment in your car?

Mr. HARDIN. Yes, sir; we do. It is police radio equipment. Hooked up
directly with the police dispatcher. Just regular police equipment.

Mr. HUBERT. Is it 2-way?

Mr. HARDIN. Yes; 3-way.

Mr. HUBERT. Three-way?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. What is the third way?

Mr. HARDIN. We can talk to the squads and they can talk back to us and
we can talk to the dispatcher and he can talk, and we can talk to the
squad and the dispatcher.

Mr. HUBERT. I see. It is customary for you to have that radio machine
open and operating when you are traveling?

Mr. HARDIN. Yes, sir; it is.

Mr. HUBERT. Well, tell us what you heard.

Mr. HARDIN. Well, a call came out on signal 19, in the basement.

Mr. HUBERT. Did you know what signal 19 meant?

Mr. HARDIN. Yes, sir; it means shooting.

Mr. HUBERT. How is it identified as being a shooting in the basement?

Mr. HARDIN. They gave us the call as signal 19, in the basement. Code
3, which means emergency, red lights and sirens, and at the time I
heard them dispatch three squads, I believe it was, to the basement on
this call, and at that time they dispatched us to the call and----

Mr. HUBERT. Who dispatched you?

Mr. HARDIN. This police dispatcher. They phoned--the dispatcher phoned
our office, O’Neal’s Funeral Home and he gave our dispatcher the call,
and our dispatcher in turn told the police dispatcher we were en route
back to the office from the veterans hospital and should be close to
that vicinity when the call came out, so, he, in turn gave it to us,
used our call number, which is 605, and gave it to us.

Mr. HUBERT. Called 605 and you knew that was you?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. You also knew what the signal 19 was, and what the other
signal you mentioned----

Mr. HARDIN. Code 3.

Mr. HUBERT. You knew what that was?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. And I think you have explained all these meanings of
signals in the record already?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. What did you do then?

Mr. HARDIN. We, as I say, we were on the Freeway about a quarter of a
mile--I guess you would call it southwest--of Industrial and we went on
the freeway, from there to Ervay Street, north on Ervay to Main, and
then east on Main Street to city hall.

Mr. HUBERT. And you came into the city hall, in your ambulance?

Mr. HARDIN. Came off the Main Street entrance to the city hall.

Mr. HUBERT. Describe for the record what you saw and what you did?

Mr. HARDIN. Now remembering coming into the basement, there were police
officers standing there guarding the basement to see nobody got out,
and let us go into the basement, and when--and boy, the basement was
pretty crowded, a bunch of photographers and newsmen down there, and
they were moving this van up the Commerce Street side so we could
get in--I mean going up the ramp toward Commerce Street side, best I
remember, now, and pulled the ambulance up just south of the--well,
I don’t--jail office I guess it would be in there, and stopped the
ambulance, and when we got out I started around the back of the
ambulance to take the stretcher out, and there was a police officer, I
don’t remember who he was or anything, but he must have not recognized
me, kind of pushed me back into the crowd. I guess he thought I was
someone just coming through, so, just a few seconds until he did
recognize me and let me on through----

Mr. HUBERT. By the way, was there anyone with you then?

Mr. HARDIN. Yes, sir; my rider attendant, was with me.

Mr. HUBERT. Who was that?

Mr. HARDIN. Harold Wayne Wolfe.

Mr. HUBERT. Go ahead.

Mr. HARDIN. And I went around to the back of the ambulance, and my
rider opened the back door and took the stretcher out, and went into
the police or jail office, and we saw Oswald lying on the floor there,
and several men around him, and we picked him up and put him on the
stretcher and put him in the ambulance, and then there were two or
three men, I don’t remember now, got into the back of the ambulance, I
believe.

Mr. HUBERT. Do you know who they were?

Mr. HARDIN. I believe they were police officers and I believe one of
them was Leavelle.

Mr. HUBERT. Yes.

Mr. HARDIN. I am not sure. And then there was a doctor riding in the
seat in the back, there, and then my assistant was in the front seat.

Mr. HUBERT. How did you know the man was a doctor?

Mr. HARDIN. I have seen him at Parkland Hospital several times and city
hall, too, and recognized him as being a doctor.

Mr. HUBERT. Do you know his name?

Mr. HARDIN. Sir?

Mr. HUBERT. Do you know his name?

Mr. HARDIN. No, sir; I don’t know his name. He was in here just before
us.

Mr. HUBERT. Let the record show that Dr. Fred Bieberdorf was in the
hall with the witness, Mr. Hardin, and appeared in this room where this
deposition is being taken just before Mr. Hardin came in. All right.

Mr. HARDIN. And we got him in the car, or ambulance, they drove the
armored truck on out of the basement on the Commerce Street side, and
we went out behind the truck. Of course, the truck was there when we
left, and then went east on Commerce to the expressway, and north on
the expressway to Elm and then west on Elm to Harwood and north on
Harwood to Harry Hines, and north on Hines to Parkland.

Mr. HUBERT. And what happened when you got to Parkland?

Mr. HARDIN. When we got to Parkland we went in the emergency entrance,
pulled around there, backed up to the dock. Of course, it was pretty
crowded there, too. People had, I guess, saw the thing on television
and came out there to see us when we came in with him, and as soon as
we got--took him out of the car, took him into the emergency room--we
got to the hall of the emergency room itself, and they put him on one
of their tables from our carriage, and we cleared from the call, but
there was a few minutes before we cleared.

We were waiting in the hall because it was so crowded that we couldn’t
get through, so we waited in the hall and I imagine it was about an
hour, from the time we got the call before the time we cleared. I
believe it was an hour and 9 minutes, if I am not mistaken.

Mr. HUBERT. Would it help you if you looked at Exhibit No. 5127, to
determine the time of the call?

Mr. HARDIN. Well----

Mr. HUBERT. As far as the time of the clearance of the call?

Mr. HARDIN. Yes, sir; the call was at 11:21, and cleared at 12:30, and
I believe it took 9 minutes from the time we got the call on the air
until we were at Parkland with him.

Mr. HUBERT. How did you determine that the call came in at 11:21?

Mr. HARDIN. That is the time that I believe the call came into our
office.

Mr. HUBERT. That is what you have on Exhibit 5127?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. What I mean by that is that Exhibit 5127 was prepared in
your handwriting, but insofar as that time is concerned it was taken
off Exhibit 5125, was it not?

Mr. HARDIN. Yes, sir; that’s correct.

Mr. HUBERT. There is no mechanism there in the ambulance itself which
fixes the time of a call?

Mr. HARDIN. No, sir.

Mr. HUBERT. No timeclock or anything?

Mr. HARDIN. No, sir.

Mr. HUBERT. Now, during all the time you were with Oswald, from the
moment you saw him until the moment he was taken over by the hospital,
did he say anything at all?

Mr. HARDIN. No, sir; not that I could hear.

Mr. HUBERT. Do you remember the name of the patient that you all had
delivered to Veterans Hospital?

Mr. HARDIN. No, sir; I don’t.

Mr. HUBERT. Where had you taken him from?

Mr. HARDIN. Let’s see, I’m trying to think. I don’t--we make so many
calls that I--just hard to remember exactly where I had picked him up.

Mr. HUBERT. Man or woman?

Mr. HARDIN. It was a man. He was----

Mr. HUBERT. Do you remember where you picked him up from?

Mr. HARDIN. No, sir; that is what I was trying to think.

Mr. HUBERT. Nor do you remember his name?

Mr. HARDIN. No, sir.

Mr. HUBERT. What was the number of the car you were driving?

Mr. HARDIN. 605.

Mr. HUBERT. You don’t normally cruise around, do you?

Mr. HARDIN. No, sir; we don’t. As soon as we clear from a call we go
right back to our station. From the time we received the call until the
time we checked out at the city hall, it was just 2 minutes, according
to their tape.

Mr. HUBERT. Do you know what the significance of the code 5, code 6 and
so forth is on Exhibit 5126?

Mr. HARDIN. Yes, sir. Code 5 means en route to the scene; code 6 means
at the location.

Mr. HUBERT. And there is another code on Exhibit 5126, that means time
of departure from the jail?

Mr. HARDIN. En route to the hospital.

Mr. HUBERT. And code 6 on to that would be arrival at the hospital?

Mr. HARDIN. Yes, sir.

Mr. HUBERT. And 13 means is cleared, in the sense is that you were
dismissed about an hour later?

Mr. HARDIN. It all was a little while before that. I don’t believe we
cleared at the hospital. I think I came on back to the funeral home
from the hospital without clearing, because if I am not mistaken, I
believe those phones were all tied up at the hospital and I couldn’t
get to one of them.

Mr. HUBERT. Anyhow, from the time you got the call over the radio until
the time you got to the hospital, was exactly 10 minutes?

Mr. HARDIN. Let’s see. Yes.

Mr. HUBERT. And you got to the jail 3 minutes after you got the call,
approximately, right?

Mr. HARDIN. Yes, sir. Well, from the time we got the call until we got
to the jail, and--let’s see, in 2 minutes, because we actually received
the call at 11:21 and the call from the dispatcher to us at 11:22.

Mr. HUBERT. In other words, code 5, on Exhibit 5126, code 5 indicating
that 11:22 is the time they put it on the air to you?

Mr. HARDIN. Is the time it was given to us.

Mr. HUBERT. Well, I’ll ask you to look at Exhibit 5125, and tell me if
you recognize the handwriting on the bottom part of that exhibit by the
printed word “oxygen and remarks.”

Mr. HARDIN. No, sir; that handwriting, I don’t recognize.

Mr. HUBERT. All right. Now, is there anything further you want to add
to this?

Mr. HARDIN. No, sir.

Mr. HUBERT. About all you know about it?

Mr. HARDIN. Yes, sir; that’s it.

Mr. HUBERT. Have you been interviewed by any member of the Commission
other than myself prior to the taking of this deposition?

Mr. HARDIN. No, sir; I haven’t.

Mr. HUBERT. Now, during the interview that you had with me immediately
prior to the taking of this deposition, was anything brought out
material nature which has not been covered in this deposition?

Mr. HARDIN. No, sir; not that I know of, not that I can remember.

Mr. HUBERT. All right. Do you know of any inconsistencies between what
you testified here in this deposition and the matter as to which we
look about during the interview which proceeded the deposition?

Mr. HARDIN. No, sir.

Mr. HUBERT. All right, thank you very much.



TESTIMONY OF C. E. HULSE

The testimony of C. E. Hulse was taken at 4:30 p.m., on April 1, 1964,
in the office of the U.S. attorney, 301 Post Office Building, Bryan
and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr., assistant
counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Officer C. E. Hulse. Mr. Hulse,
my name is Leon Hubert, and I am a member of the advisory staff of the
General Counsel of the President’s Commission. Under the provisions
of the Executive Order 11130, dated November 29, 1963, the Joint
Resolution of Congress No. 137, and the rules of procedure adopted
by the Commission in conformance with this joint resolution and the
Executive order, I have been authorized to take the sworn deposition of
you. I state to you that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relating to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald.

In particular to you, Mr. Hulse, the nature of the inquiry today is to
determine the facts that you know about the death of Oswald and any
other pertinent facts you may know about the general inquiry, and more
particularly, about your actions with respect to putting the radio call
on the air and so forth.

Now, you have appeared here by virtue of a general request made by
Mr. J. Lee Rankin, General Counsel of the Commission. Under the rules
adopted by the Commission, you are normally entitled to a 3-day written
notice before you are required to testify, but the rules also provide
you can waive that notice if you wish to do so. So, I ask you now if
you are willing to waive the 3-day notice that you would normally be
entitled to?

Mr. HULSE. I do.

Mr. HUBERT. Will you rise, and raise your right hand so as to be sworn.
Do you solemnly swear that the testimony that will be given in this
matter will be the truth, the whole truth, and nothing but the truth,
so help you God?

Mr. HULSE. I do.

Mr. HUBERT. Will you state your name, please.

Mr. HULSE. C. E. Hulse.

Mr. HUBERT. Your age?

Mr. HULSE. Thirty-one.

Mr. HUBERT. Where do you live, sir?

Mr. HULSE. 7825 Gayglen.

Mr. HUBERT. Dallas?

Mr. HULSE. Yes.

Mr. HUBERT. What is your occupation, sir?

Mr. HULSE. Policeman, city of Dallas.

Mr. HUBERT. How long have you been so employed?

Mr. HULSE. Six years.

Mr. HUBERT. On November 24, 1963, were you on duty?

Mr. HULSE. Yes, sir; I was.

Mr. HUBERT. What were your specific duties on that day?

Mr. HULSE. Radio dispatcher.

Mr. HUBERT. What does that mean that you do?

Mr. HULSE. Dispatch all calls in the city of Dallas which come through
on the telephone lines.

Mr. HUBERT. In other words, you mean that you can get into radio
communication with moving vehicles and other places through special
channels?

Mr. HULSE. That’s right.

Mr. HUBERT. What channel were you using, do you remember?

Mr. HULSE. Using channel 1.

Mr. HUBERT. Do you know Mrs. Frances Cason?

Mr. HULSE. Yes, I do.

Mr. HUBERT. Who is she?

Mr. HULSE. She is a telephone operator for the city of Dallas Police
Department.

Mr. HUBERT. Now, I invite you to look at the document before you which
has been marked for identification as: “Dallas, Texas, April 1, 1964.
Exhibit 5135, deposition of Frances Cason and C. E. Hulse,” and ask you
whether or not you have signed it?

Mr. HULSE. Yes, I have.

Mr. HUBERT. Now, would you tell us what part you played with reference
to the activities reflected by Exhibit 5135?

Mr. HULSE. I dispatched this shooting call to 118, and also dispatched
the same call to ambulance 605, sir.

Mr. HUBERT. Now, can you recall how you got the information, or where
you got the information as to the shooting of Oswald?

Mr. HULSE. To the best of my knowledge, I don’t remember who told me
that that he had been shot. Some other officer, or some other telephone
clerk in the dispatcher’s office told me that he had been shot.

Mr. HUBERT. Is it possible that Mrs. Cason----

Mr. HULSE. It is quite possible that she did.

Mr. HUBERT. How would she do it? Were you in the same office with her?

Mr. HULSE. No, now, I was in another office which is divided by a plate
glass, but we also have an intercom system and it is quite possible she
told me through the intercom system that Oswald had been shot.

Mr. HUBERT. When you heard that, what did you do?

Mr. HULSE. I knew that she had already ordered an ambulance. I knew 605
had just cleared from a previous call. Best I can remember I asked her
what ambulance was going, what ambulance had been ordered and she told
me 607.

Mr. HUBERT. All right.

Mr. HULSE. I knew that 605 would probably be closer to the basement,
and I disregarded 607, and ordered 605 on the air.

Mr. HUBERT. All right, now, how did you know that 605 was nearby?

Mr. HULSE. When he heard the call come out on the shooting in the
basement, the best I can remember, he told me he was probably closer to
the basement than 607.

Mr. HUBERT. That is to say that you were in radio communication with
605?

Mr. HULSE. Yes.

Mr. HUBERT. Ambulance 605?

Mr. HULSE. Yes.

Mr. HUBERT. And he heard the call for ambulance 607?

Mr. HULSE. I am not positive whether he heard--no, he never did
dispatch 607 at all. It was handled through the telephone by Mrs.
Cason, but he knew that there was an ambulance needed for this shooting
victim, and he told me he would probably be closer.

Mr. HUBERT. Than the other?

Mr. HULSE. Than any ambulance. I’m not sure whether he said that he
would be closer than 607, but he said closer to the basement than any
other ambulance.

Mr. HUBERT. Isn’t it a fact that you had heard ambulance 605, on
channel 1, announcing to his own company just shortly before this all
happened that he was clear and that you remembered that he was clear
and was going back towards his company?

Mr. HULSE. Yes; that is correct. He had just cleared from a previous
call, and was en route back to the company, which I presume he would be
in the immediate downtown vicinity.

Mr. HUBERT. And isn’t that the reason why you then, realized that 605
had just cleared, as you had heard him clear over your radio, and you
realized that he was closer, and that is why you called 605?

Mr. HULSE. Yes; plus that he told me that he would probably be closer
himself, on the radio.

Mr. HUBERT. I would like you to look at Exhibit 5135 and tell us what
portion of that card is written in your hand?

Mr. HULSE. Just the squad number, which I first dispatched to squad
108. He was on another assignment, so I dispatched it then to 118.

Mr. HUBERT. So, that the column, or block which there is printed the
word, “Squad assigned is 108,” and it appears to be scratched out and
immediately above it is “118,” is that right?

Mr. HULSE. Yes; that’s correct.

Mr. HUBERT. All in your handwriting?

Mr. HULSE. All that.

Mr. HUBERT. Now, I notice that there is printed on that card by what
apparently is a timeclock two figures, “time dispatched C-11:22,
November 24,” would you explain what you had to do with that, if
anything?

Mr. HULSE. The time dispatched, the time that it is explained here,
11:22, November 24, is the time that I actually dispatched the call to
108, and then finding out he was on another assignment, I dispatched it
also to 118.

Mr. HUBERT. Below there there is a block called, “time clear, 1:49
p.m., November 24,” would you explain that, please?

Mr. HULSE. That is the time that squad 118 cleared from the assignment.

Mr. HUBERT. And they advised you of that and you put the card in the
timeclock, is that right?

Mr. HULSE. Yes, sir.

Mr. HUBERT. Now, this Exhibit 5135, was actually prepared by Mrs.
Cason, was it not?

Mr. HULSE. Yes; it was.

Mr. HUBERT. And she would have had it stamped in this box called
“Ambulance ordered,” and “time received,” isn’t that right?

Mr. HULSE. That’s right.

Mr. HUBERT. Then after she made up the card and had it stamped, how did
it get to you?

Mr. HULSE. It is put on a conveyer belt that runs from one room to the
radio room, this conveyor belt, and falls into a box, and I pick it up.

Mr. HUBERT. And your--you have your own timeclock there?

Mr. HULSE. Yes, sir.

Mr. HUBERT. So, as soon as you have done what you said you did, you
slip it into a stamp machine and it automatically stamps the time?

Mr. HULSE. That’s correct.

Mr. HUBERT. Now, I notice that there is an initial in the column right
next to the figure “118,” “MJ,” which Mrs. Cason advises was put there
by her. Do you know who that refers to?

Mr. HULSE. Yes, sir; the other officer that was working on the radio
with me. In this--“MJ” M. J. Jackson, his initials, M. J.

Mr. HUBERT. But, as a matter of fact you handled it?

Mr. HULSE. Yes; I actually handled the dispatching of the call and the
ambulance.

Mr. HUBERT. Why didn’t he do it?

Mr. HULSE. Well, at that time Mr. Jackson was fairly new to the radio
dispatcher’s office and everything was in such a turmoil there I
decided that I would handle all transmissions made on the radio, seeing
that he was new to the office and didn’t know quite how to handle the
calls under the conditions.

Mr. HUBERT. And in any case, you distinctly remember handling the call
which is reflected by this Exhibit 5135?

Mr. HULSE. Yes; I do.

Mr. HUBERT. Now, Officer Hulse, we had an interview now, you and I, did
we not, immediately before the beginning of this deposition?

Mr. HULSE. Yes; we did.

Mr. HUBERT. Can you recall anything that was covered in that interview
which has not been covered in this deposition?

Mr. HULSE. No; I couldn’t. I believe all has been covered.

Mr. HUBERT. Can you think of any inconsistencies between what was
developed in the course of the interview and what was developed in the
course of the deposition?

Mr. HULSE. No.

Mr. HUBERT. Have you any other comments that you would like to make
concerning this matter of any nature whatsoever?

Mr. HULSE. No, sir; I have told everything I know about it.

Mr. HUBERT. Thank you, sir.



TESTIMONY OF IRA JEFFERSON “JACK” BEERS, JR.

The testimony of Ira Jefferson “Jack” Beers, Jr., was taken at 9:15
a.m., on April 14, 1964, in the office of the U.S. attorney, 301 Post
Office Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Burt W.
Griffin, assistant counsel of the President’s Commission.


Mr. GRIFFIN. First of all, let me introduce myself. My name is Burt
Griffin, and I am with the advisory staff of the General Counsel
staff of the President’s Commission investigating the Assassination
of President Kennedy. I want to tell you a little bit about the
Commission, what we are authorized to do and so forth before we
actually get into the deposition. The Commission was set up pursuant
to Executive order of President Johnson on November 30, 1963, and also
pursuant to a joint resolution of Congress which was enacted about the
same time. Under these two documents, the Executive order and the joint
resolution, the Commission has been authorized to promulgate certain
rules and regulations, and under those rules and regulations I have
been specifically designated to take your sworn deposition.

I want to tell you a little bit about the general nature of our
inquiry. The Commission has been set up to inquire into and evaluate
and report back to President Johnson upon the facts relating to the
assassination of President Kennedy and the subsequent murder of Lee
Harvey Oswald, and particularly as to you, Mr. Beers, we are interested
in what you know about Jack Ruby and about the events of November 24.

You have been interviewed by the FBI, and we have these interview
reports before us, so we have a place to start anyhow in talking about
this matter.

You have been asked to appear here by virtue of an oral request which
was made by Special Agent Sorrels of the Secret Service. I don’t know
whether he made it to you personally or to your employer or how it
actually happened. Under the rules of the Commission you are entitled
to have a 3-day written notice before you are obligated to appear here.

Mr. BEERS. I did.

Mr. GRIFFIN. All right, you got it.

Mr. BEERS. He changed the date and asked me to come this day.

Mr. GRIFFIN. All right; fine. But I did want to make clear to you that
if there have been any irregularities or anything that you prefer to
have a different time, we could discuss that. But I presume that you
are satisfied since you are here?

Mr. BEERS. That is all right.

Mr. GRIFFIN. Fine. Also under the rules of the Commission you are
entitled to appear here with an attorney, and we actually encourage
people to have attorneys, if they so desire, although many of the
people, in fact most of them, don’t appear with an attorney. I see
you are not here with an attorney, and I take it that is because you
don’t desire one. But if you do for any reason feel you would like
an attorney, please let us know and we can defer your deposition
or interrupt it, whatever the case might be. I ask if you have any
questions about what is involved here before I ask you to be sworn?

Mr. BEERS. I have no questions whatsoever.

Mr. GRIFFIN. Okay, would you raise your right hand, then.

Do you solemnly swear that the testimony you are about to give is the
truth, the whole truth, and nothing but the truth, so help you God?

Mr. BEERS. Yes, sir.

Mr. GRIFFIN. Would you state for the record your full name.

Mr. BEERS. Ira Jefferson Beers, known as Jack.

Mr. GRIFFIN. Can you tell us when you were born, Mr. Beers?

Mr. BEERS. July 14, 1923.

Mr. GRIFFIN. Where do you live presently?

Mr. BEERS. I live at 10913 Joaquin Drive.

Mr. GRIFFIN. Is that here in Dallas?

Mr. BEERS. Dallas.

Mr. GRIFFIN. What is your occupation?

Mr. BEERS. Photographer with the Dallas Morning News.

Mr. GRIFFIN. How long have you been employed with the Dallas Morning
News?

Mr. BEERS. A little over 14 years.

Mr. GRIFFIN. I take it you have been a photographer?

Mr. BEERS. Since 1942; yes, sir.

Mr. GRIFFIN. Now I want to hand you a document which I have marked
Dallas, Tex., April 14, 1963, Ira J. Beers’ Exhibit 5350. This purports
to be a copy of an FBI interview report. The interview took place,
according to this report, on November 30, 1963, between you and two
Special Agents of the FBI, Mr. Pinkston and W. Harlan Brown. I want to
hand you this and ask you if you have had a chance to read it?

Mr. BEERS. Yes, sir.

Mr. GRIFFIN. Do you have any additions or corrections that you would
want to make in that. What I am referring to here right now in
particular is whether you feel that that report accurately reflects
everything that you told the bureau on the date of that interview?

Mr. BEERS. With one minor exception. Shall I just read?

Mr. GRIFFIN. Would you read the sentence that you feel is wrong?

Mr. BEERS. “He is acquainted with Ruby both by name and by sight since
about 18 months ago. He was assigned as a cameraman with Dale Bayse, a
reporter for the Dallas News, on a story Bayse was doing on a stripper
school being run by Jack Ruby.

“This story was for a magazine ...”--I would like to make clear this
was not an assignment by the Dallas News.

Mr. GRIFFIN. I see.

Mr. BEERS. That is the only thing I think of in this particular report.

Mr. GRIFFIN. Fine. Now I am going to hand you what has been marked
Dallas, Tex., April 14, 1963, Ira J. Beers’ Exhibit 5351. This is also
an FBI interview report. This interview took place on December 3, 1963,
here in Dallas, and purports to be a report of an interview between you
and two other Special Agents of the FBI, Mr. James C. Kennedy and Will
Hayden Griffin. I am going to hand you this Exhibit 5351, and ask you
the same question as I asked with respect to 5350?

Mr. BEERS. Yes; I have seen this report.

Mr. GRIFFIN. Are there any additions?

Mr. BEERS. Yes, sir; there is a couple in here. Let me locate them.
One, which is probably a minor one, speaking of myself: “He also stated
that there were two armored vehicles, one in the basement and one
near the driveway from the Commerce side.” I think possibly the agent
misunderstood what I said there. There was only one armored vehicle.
That was in the basement driveway near the Commerce Street side. There
was another vehicle, police car, parked in the basement right near the
entrance.

Mr. GRIFFIN. Now that is a runover sentence from the first page of the
report to the second page of the report, is that right?

Mr. BEERS. Yes; that’s correct.

Mr. GRIFFIN. Did you want to correct the sentence?

Mr. BEERS. “Beers did not know Ruby prior to the shooting, nor did he
know Oswald ...” et cetera. This is contradictory to the first report
that you just handed me a moment ago. Apparently the agent must have
misunderstood me or misread his notes or something. I did know who Ruby
was prior to this shooting.

Mr. GRIFFIN. I wonder if you would want to make a change in ink in that
sentence which would reflect accurately what you said, then initial the
change that you make and date it?

Mr. BEERS. Let me ask you a question here. Shall I say this sentence is
contradictory to that report, or just change it to that I did know Ruby
prior?

Mr. GRIFFIN. Yes.

Mr. BEERS. [Making change.] I have written here “I did know Ruby prior
to the shooting, as stated to the FBI in report dated November 30,
1963, Exhibit 5350.” Would you like me to initial this?

Mr. GRIFFIN. If you would, please, and then date it?

Mr. BEERS. [Initialing.] This is April 14?

Mr. GRIFFIN. Yes; are there any other additions or corrections?

Mr. BEERS. So far as I can see, there are no further corrections.

Mr. GRIFFIN. Okay. Well if we go along and something occurs to you, we
can change it even further. Let me ask you, Mr. Beers, where were you
at the time President Kennedy was shot?

Mr. BEERS. I was on Dallas News property between the parking lot
probably and my photographic studio.

Mr. GRIFFIN. When you heard that President Kennedy had been shot, what
did you do?

Mr. BEERS. I was in my photo lab in the process of finishing films of
the arrival at Love Field, and a lab man who works with us told me that
the President had been shot, and I immediately thought he was making
some sort of joke and I continued to turn out my picture of his arrival
at Love Field. And I told the fellow, “Well, go ahead with your joke.”
And he said, “No; that is right, the President has been shot.” And he
just turned around and walked out. And I still didn’t believe him. In
a few minutes our intercom between the city desk came on, and I was
told to report to the Texas School Book Depository Building, that they
thought they had the man that shot the President in the corner there.

Mr. GRIFFIN. Did you go to the Texas School Book Depository?

Mr. BEERS. A few minutes later, I did. It sort of stunned me. I guess I
didn’t quite realize. I said, “Okay,” and I kept standing there working
on my prints. And just a couple or 3 minutes, our city editor came back
and he said, “Get the hell out and go over to the Depository.” And I
arrived at the School Book Depository about 5 minutes later.

Mr. GRIFFIN. What time would you say it was when you got there?

Mr. BEERS. I don’t know. It would be shortly after noon sometime. I
have lost complete track of time for a good length of time.

Mr. GRIFFIN. About how long would you say it was after you first heard
the President had been shot?

Mr. BEERS. Probably 20 minutes.

Mr. GRIFFIN. Now, when you got there, did you go into the building?

Mr. BEERS. No, sir; I did not. As I arrived, there was quite a crowd
of people gathered around the building, and so some officers brought a
disheveled looking man from the building, and I thought this probably
was the person, so I ran over and made a picture, and then went over
to the building. This time the building was sealed off and no one was
allowed to enter.

Mr. GRIFFIN. How long did you remain there at the School Book
Depository?

Mr. BEERS. I remained at the School Book Depository for 2 or 3 minutes,
and I heard the report that an officer had been shot in Oak Cliff. I
ran back to my car, which was parked on Main Street directly across the
street from the county jail building, and notified our office by 2-way
radio that there was a report of a shooting, that a police officer had
been involved, and asked them if they had any information, or if this
would probably be linked to the President’s assassination, and they had
no information.

I checked the police dispatcher, and the dispatcher didn’t have
enough information to tell us, so I was told to remain at the Texas
School Book Depository, which I did until sometime quite late in the
afternoon, at the time the police had finished their investigation
there in the building, and then admitted the press to the building, and
we were taken to the sixth floor and allowed to photograph the area
where the rifle was found, and shown and allowed to photograph the area
in and around the window and make pictures from the window where the
assassination was supposedly--where the assassin was supposed to have
fired shots from.

Mr. GRIFFIN. Can you give us an estimate of what time that would have
been when you were up there taking the pictures on the sixth floor?

Mr. BEERS. This would be strictly a guess, an estimate. It would be
sometime around the vicinity of 4 o’clock. It was quite late in the
afternoon. Probably later.

Mr. GRIFFIN. Now in your pictures that you took, were any of the
objects that were allegedly found up there on the sixth floor
photographed, such as the position of the rifle and the placement of
the boxes and other materials in the window from which the assassin is
believed to have shot?

Mr. BEERS. Yes. Prior to admitting us to the building, I made pictures
of a sack, very long narrow sack type of affair that was brought down
from there, and a pop bottle and some pieces of chicken, and I also
made a picture of the rifle which I believe it was Lieutenant Carl
Day from the Dallas police crime lab brought that. And upon going in
the building, I photographed the area where the rifle was found. I
photographed the area around the window from which the assassin was
supposedly seated, and I moved into that area and made a picture from
the window, supposedly the window from which the bullets were fired,
that showed a little corner of the boxes which possibly the rifle
rested on. It shows the street down below where the automobile was
traveling when the President was killed.

Mr. GRIFFIN. The photographs that you took up there in the window and
on the sixth floor would not at that time have shown the rifle on the
sack or the pop bottle, or the chicken?

Mr. BEERS. No, sir. That was shown outside the building.

Mr. GRIFFIN. I see. Do you still have copies of the photographs?

Mr. BEERS. I do not have copies of the photographs. The negatives are
in custody of the managing editor, Mr. Jack Krueger, managing editor of
the Dallas News.

Mr. GRIFFIN. Do you know what the newspaper policy is going to be with
respect to retention of those negatives?

Mr. BEERS. We planned to keep them in our permanent file. Not with the
ordinary run of the mill day-to-day negatives, but they are filed in
and will be filed for how long, I do not know, in the managing editor’s
office.

Mr. GRIFFIN. I take it from what you have said then, there is perhaps a
general file of negatives or photos that were taken on the day of this
assassination and the 2 days thereafter, which are going to be kept in
a separate spot in your building?

Mr. BEERS. To the best of my knowledge; yes, sir.

Mr. GRIFFIN. Do you know, for our information, and I don’t know whether
we are interested in this or not, do you know if the newspaper has any
policy with respect to making those available, if it should turn out
the Commission would like to see them?

Mr. BEERS. We have made available everything that we have been
requested to so far; yes, sir.

Mr. GRIFFIN. Fine. Is my understanding correct, that what you have in
that file is negatives and not developed photographs, or do you have
both?

Mr. BEERS. Primarily negatives. It is possible there are some
photographs that are filed either in our biographical file in the
managing editor’s department, which we consider to be second prints.

Mr. GRIFFIN. Are these negatives such as they could be easily examined
to determine whether they might be of use to us without having to
develop them or print them?

Mr. BEERS. That would depend upon whoever examined them; their ability
to read negatives.

I am sure, I, or whoever made the pictures, would be glad to sit down
and go over and explain to you what is in the negatives and what they
show.

Mr. GRIFFIN. After you left the School Book Depository on the 22d,
where did you go next?

Mr. BEERS. I returned to the office and turned out my afternoon work.

Mr. GRIFFIN. How long did you remain there?

Mr. BEERS. Until approximately 7. Maybe 8 o’clock that night.

Mr. GRIFFIN. Did you have occasion to perform any more work for the
newspaper that day?

Mr. BEERS. No, sir; we had pretty well closed up for the day by then. I
believe this was the day--I am not sure--that--no; I am sorry. This was
November the 24th that I was thinking about--referring to.

Mr. GRIFFIN. On the 22d, were there any photographers from your
newspaper at the police department?

Mr. BEERS. On November the 22d?

Mr. GRIFFIN. Yes; the day that the President was shot?

Mr. BEERS. I believe that night when Mr. Oswald was apprehended, we had
a photographer dispatched to the police station to make photographs up
there.

Mr. GRIFFIN. Do you know who?

Mr. BEERS. Mr. Bill Wentfre.

Mr. GRIFFIN. Are you and Mr. Wentfre the only news photographers?

Mr. BEERS. No, sir; we have approximately 10 news photographers at the
Dallas News.

Mr. GRIFFIN. I take it that all of the photographs that were taken by
all 10 of you photographers that day which had anything to with the
assassination would either be in the file that is in your managing
editor’s office, or else the negatives to the photographs would be
there?

Mr. BEERS. Yes, sir; to the best of my knowledge, we attempted to
collect all of those negatives and control them.

Mr. GRIFFIN. Did you have any photographer who was assigned to the
Dallas Police Department on a regular basis during those 3 days, the
22d, 23d, and 24th of November?

Mr. BEERS. No, sir; we have a photographer assigned there most of the
time, but it was not any one single photographer.

Mr. GRIFFIN. Did you work on Saturday?

Mr. BEERS. Yes, sir.

Mr. GRIFFIN. The 23d?

Mr. BEERS. Yes, sir.

Mr. GRIFFIN. Do you recall where you were working that day?

Mr. BEERS. Yes, sir; I worked hours 10 to 7 on Saturday, and I received
an assignment to go to the city hall, third floor of the city hall
near Captain Fritz’ office, homicide bureau, and to stand by there to
photograph whatever might take place or whoever might be brought in or
maybe any pictures of Mr. Oswald as he was going up and down the hall.

I arrived there roughly at 10:30 and remained there until roughly 1
o’clock, 1 p.m.

Mr. GRIFFIN. In the afternoon?

Mr. BEERS. Yes, sir.

Mr. GRIFFIN. Now, during the period that you were there, did you see
Jack Ruby?

Mr. BEERS. No, sir; I didn’t.

Mr. GRIFFIN. Did you have occasion to return to the police station that
day, Saturday?

Mr. BEERS. No, sir; I did not.

Mr. GRIFFIN. Where did you spend the remainder of Saturday?

Mr. BEERS. I think, I can’t remember exactly where I spent the
remainder of Saturday, but I think just on general assignments out of
the paper there. On Saturday afternoon it is usually rather quiet, and
I possibly, I may have had one or more assignments, but I don’t think
so.

Mr. GRIFFIN. Now, before you left work on Saturday, did you have any
instructions as to what you were to do the next day, Sunday?

Mr. BEERS. No; I did not. It was approximately midnight anyway when I
left work Saturday night. I had no instructions. And at midnight, I
was called to the telephone and told to report to the basement of the
city hall Sunday morning at 10 a.m., to photograph the transfer of Lee
Harvey Oswald from the city jail to the Dallas County Jail.

Mr. GRIFFIN. What time did you actually arrive there?

Mr. BEERS. I arrived at the city hall just about 9 o’clock.

Mr. GRIFFIN. Where did you go when you came in?

Mr. BEERS. I went to the basement of the city hall, and then on through
the basement out into the police parking area in the basement of the
city hall.

Mr. GRIFFIN. Did you station yourself some place in the parking area?

Mr. BEERS. Yes; I did. I went into the parking area and was in general
conversation with various and sundry members of the press who were
there for a short while, and I discovered that there was an area along
a railing which is on the east side of the driveway that goes through
the basement of the city hall, next to some television cameras that
would permit one cameraman to be in this area without obstructing the
view of the television cameras, so I went to this railing and I stayed
there, sitting on this railing until the transfer had started.

When I stood up on the railing and made photographs as Mr. Oswald was
being transferred, which included the pictures of Mr. Ruby shooting Mr.
Oswald.

Then I remained standing on the railing and shot three or four or so
further negatives of the scuffle that was going on.

Mr. GRIFFIN. I am going to hand you--I will turn this around--I am
going to hand you what is a diagram of the basement area in the
municipal building. I have marked this diagram “Dallas, Texas, April
14, 1964, Ira J. Beers’ Exhibit 5352.”

Let me try to explain it a little bit to you. Here is Commerce Street
along the right-hand side, and Main Street along the left-hand side,
and near the bottom of the page, is a ramp which says, “down ramp
leading from Main Street into the basement area,” and following on up
towards Commerce Street you see something marked, “up ramp.”

In this area here is the parking area of the garage. Here is the Police
Department Building. Here is the jail office. This is the hallway that
comes out from the public elevators near Harwood Street so that if you
enter from Harwood you come down to this area, and you go up in the
elevators here and walk through this hallway through some double doors,
and you would be in the ramp area at the bottom of the basement floor.

Now can you, taking your pen, at the time you took your position on the
railing, would you show us where the TV cameras were placed? Can you
mark that in rectangles of some sort?

Mr. BEERS. [Marking on map.] These were live TV cameras that I have
marked on the east side of the railing, and there was a sound on-film
cameraman leaning against the railing right there [pointing].

Mr. GRIFFIN. Now this sound on-film camera, is this something that
requires a tripod of some sort?

Mr. BEERS. It may or may not.

Mr. GRIFFIN. Do you recall if that one did?

Mr. BEERS. He had a monopod or a unapod, which is a single leg support
for the camera.

Mr. GRIFFIN. Do you know who that man was?

Mr. BEERS. Mr. George Phenix with KRLD-TV.

Mr. GRIFFIN. Can you put a figure 1, at the spot on the railing where
you stationed yourself first?

Mr. BEERS. Right here. Actually on the railing [marking.]

Mr. GRIFFIN. You have crossed out one mark and you made a big circle
which you blacked in, on the railing.

Mr. BEERS. May I draw an arrow to point where I was standing?

Mr. GRIFFIN. Okay.

Mr. BEERS. So it will be much clearer.

Mr. GRIFFIN. What time would you estimate it was when you stationed
yourself at point 1?

Mr. BEERS. Probably 9:15 or 9:20.

Mr. GRIFFIN. How long did you remain at that position?

Mr. BEERS. According to the time which we received, and which Mr. Ruby
shot Mr. Oswald, which would be somewhere around 11:21, or thereabouts,
I probably remained there until about 11:25.

Mr. GRIFFIN. So you remained there right at that spot right up until
the shooting?

Mr. BEERS. And through the shooting and for a few moments thereafter.

Mr. GRIFFIN. I see.

Mr. BEERS. A few minutes thereafter.

Mr. GRIFFIN. Do you recall an automobile moving out of the ramp? I mean
out of the garage area and going up the Main Street ramp shortly before
Mr. Oswald was shot?

Mr. BEERS. Yes; there was an armored car parked in the driveway near
the top of the Commerce Street entrance, and there was a black squad
car, I believe I am correct, that backed up the ramp to Main Street in
the direction of Main Street. I didn’t look right up there and see what
he did. He never came back down the ramp.

Mr. GRIFFIN. This is a car that you recall driving onto Main Street?

Mr. BEERS. It backed up onto Main Street, sir.

Mr. GRIFFIN. I see.

Mr. BEERS. It backed from the basement and backed up Main Street toward
what would be the entrance way to the ramp.

Mr. GRIFFIN. Before that car was moved, was backed up onto the Main
Street ramp, do you recall any car driving in a forward direction up
the Main Street ramp?

Mr. BEERS. No; I don’t.

Mr. GRIFFIN. Do you recall how much traffic there was in and out of the
basement while you were stationed there?

Mr. BEERS. There was several police cars that came into the basement
and out, and if I remember correctly, after this armored car was
stationed there. I don’t recall that there were any other squad cars
that came into the basement.

The reason I recall them was because they were stopping there just
about right where I was standing and looking into the back seats and so
forth.

Mr. GRIFFIN. Do you recall a TV camera being wheeled into the basement
shortly before Jack Ruby shot Oswald?

Mr. BEERS. No, sir; I don’t. A big live camera?

Mr. GRIFFIN. Yes.

Mr. BEERS. I don’t recall seeing that. I may have, but I don’t recall
seeing it.

Mr. GRIFFIN. Now at the time that Oswald was brought out, do you recall
how people were, newspeople and policemen, were stationed in the
basement? Do you recall roughly how they were spread out?

Mr. BEERS. Roughly, they were asked to get into somewhat of an L-shaped
position here, which would be that the news people would be across the
driveway like so, and this area here in front of the cameras was more
or less open.

There was some people moving back over here in this area just a little
bit, and then from approximately right in front of myself to up this
ramp, towards the Commerce Street exit was roughly the position that
the, this was the position people were asked to get into, that they
assumed that, roughly.

Mr. GRIFFIN. Now, do you have any recollection if the people were more
densely stationed along the Main Street ramp than along the area in
front of the entrance to the garage, or vice versa, or were they more
densely stationed in front of the garage than elsewhere?

Mr. BEERS. They were probably a little more concentrated right across
the ramp.

Mr. GRIFFIN. Main Street ramp?

Mr. BEERS. Not here. They were fairly well strung out this way
[pointing]. I couldn’t see too far up this ramp here without leaning
out and around and looking up this post, but from my observation, they
were fairly well strung out up toward the Commerce Street exit there
for a number of feet or yards.

Mr. GRIFFIN. Do you recall how many persons deep the people were that
were strung across the Main Street ramp?

Mr. BEERS. I am sure that would vary from two to maybe five.

Mr. GRIFFIN. Well, could there have been as few as 15 people strung
across the Main Street ramp?

Mr. BEERS. There was probably more--actually, they came around this
corner just a little bit and almost up to this door.

Mr. GRIFFIN. You are pointing towards the entrance of the jail office?

Mr. BEERS. The entrance to the jail office; yes. There were actually
a few at the corner there, and strung out across there, and I didn’t
particularly look over in that area because I was concentrating most
of my attention towards the jail office door, because we didn’t know
exactly what time they would be coming out, and we didn’t know what, if
any, advance warning we would have, so I didn’t dare look around too
much. I had already seen everybody I wanted to see, I think.

Mr. GRIFFIN. Did you ever have occasion to look up the Main Street ramp?

Mr. BEERS. I did look up there earlier.

Mr. GRIFFIN. From where you were in the basement, was it possible to
see anybody up at the top of the Main Street ramp?

Mr. BEERS. There was a policeman standing up at the top of the ramp up
there. Looked like he was out on the sidewalk.

Mr. GRIFFIN. Was the visibility such that his features were
distinguishable?

Mr. BEERS. No; it was a silhouette.

Mr. GRIFFIN. Can you tell us what kind of advance warning you had that
Oswald was coming down?

Mr. BEERS. I believe there were some of the news media in this hallway
which I pointed out, that goes from the elevator to the Harwood Street
side of the city hall, and the hallway goes past the jail office and
goes into the police parking area.

I believe there were some members of the news media in the hall in
front of the window of the jail office, and someone, I think, shouted,
“Oh, here he comes.”

Then there was just a lot of noise and the door opened and he came in.

Mr. GRIFFIN. You indicated in your interview with the Federal Bureau
of Investigation that you felt sure that if you had seen Ruby in the
basement you would have recognized him?

Mr. BEERS. Yes, sir; I know his face that well; yes, sir.

Mr. GRIFFIN. I take it from that, that the lighting conditions were
such and the people were spread out thinly enough so that you were in a
position from where you were to have seen the man?

Mr. BEERS. Television camera had a bank or two banks, I don’t remember
which, of light, and the lighting was adequate in there.

However, there was a considerable number of people and quite an amount
of confusion.

It is possible he could have been in there and I had not seen him, but
had I seen him, there was enough light for me to have recognized him.

Mr. GRIFFIN. Were you taking any pictures before it became apparent
Oswald was being brought down?

Mr. BEERS. I think I made up earlier, looked up towards the Commerce
Street entrance that showed either one or two policemen in silhouette
at the top of that ramp there.

I believe I made one negative, and I believe that it was one or two
policemen up there. There was at least an officer there.

Mr. GRIFFIN. Now you indicated earlier that you had first met Jack Ruby
18 months before in connection with some freelance work that you were
doing. Can you tell us what that was?

Mr. BEERS. Mr. Bayse, Dale Bayse was doing a story, speculating as
to being able to sell this story, and needed some photographers to
illustrate it.

His information to me was that Mr. Ruby had a stripper school, and
that he would like to have some pictures of these, of this school, and
these people involved in the school, the supposed instructors and the
supposed students, to illustrate this article with.

Mr. GRIFFIN. Did Mr. Bayse ever sell the story?

Mr. BEERS. I believe that story he showed me a copy of Adam Magazine. I
believe that was probably December 1962.

Mr. GRIFFIN. How much time did you spend at Jack Ruby’s place of
business taking photographs?

Mr. BEERS. That particular day, which was the only time I was there in
his place, I spent from approximately 11 o’clock until must have been
around 7. It was dark when I went outside.

Mr. GRIFFIN. Did you visit only the Carousel Club? Or also the Vegas
Club?

Mr. BEERS. Just the Carousel Club; yes, sir.

Mr. GRIFFIN. Do you still have any of the photographs?

Mr. BEERS. Yes, sir; I do. I supplied the FBI with one or two sets of
those photographs, and I do have some still available.

I would like to inject here that I was introduced to Mr. Ruby on
this particular day, which was my first meeting with him, and--but
throughout the day I had little or no conversation with him.

He was negotiating with Mr. Bayse.

Mr. GRIFFIN. Was he actually running the school for strippers or was
this a promotion idea?

Mr. BEERS. Mr. Griffin, this is an opinion. I don’t think Mr. Ruby
actually ran a stripper school.

As I worked throughout the day, it seemed fairly apparent to me that
there was no school in operation there, I don’t think. That is strictly
an opinion.

Mr. Ruby did run an amateur night, and from what information I think I
absorbed there, it appeared that these girls must have, part of them
practiced in some of his amateur and semiregularly at his place, and it
didn’t appear to be a school.

Mr. GRIFFIN. Was he running an amateur night at the time you were
taking these photographs?

Mr. BEERS. I was not familiar with the club prior to that.

Mr. GRIFFIN. But at the time you took these photographs, did you have
the understanding that he had run an amateur night?

Mr. BEERS. I got that impression; yes, sir, that he had some amateur
nights there.

Mr. GRIFFIN. During the period of November 22, 23, and 24, were you
aware of newspaper people who were operating in the Dallas area on the
freelance basis?

Mr. BEERS. You say was I aware that there were some operating on a
freelance basis?

Mr. GRIFFIN. Yes; were you aware of any such people?

Mr. BEERS. Not particularly.

I ran into one photographer who was a local man, who I understand was
freelancing and had received an assignment from Paris Match, a French
magazine, and to the best of my knowledge, I don’t recall--I am sure
there were some here, but I don’t recall meeting any that I absolutely
knew were on a freelance basis.

Mr. GRIFFIN. What I am interested in finding out is if there is any
practice that a freelance person follows in hooking up with a network,
or somebody who can pay him, whether he makes a commitment in advance
to work, or whether he is just down there for shooting pictures or
trying to gather information and selling it as he gets it?

Are you familiar enough with what the practice generally is for
freelance people in a situation, developing news situations such as we
had in this period, to be able to state how a freelance photographer or
newspapermen would operate?

Mr. BEERS. In instances such as occurred there, as the assassination
of the President, there are some photographers in Dallas who operate
on a freelance basis, and also some of them, the same people possibly
operate on a stringer basis. This is someone who is known in the
area by a news agency or a particular magazine or newspaper, and if
something occurred in that area, the people by whom he is known, could
possibly contact him and tell him to cover this story, either by
himself, or until some of their people could arrive on the scene.

I am sure there were some such people operating there. I don’t know
just exactly who it might be.

Mr. GRIFFIN. I will ask you one final question. Has anything come
to your attention having to do with either Jack Ruby or with the
assassination of President Kennedy, or anything else that you might
think would be of importance to the Commission that you think you
should make available to us?

I do want to encourage you in this respect because I don’t know that I
have covered everything that you might have.

Mr. BEERS. I have tried to insert what I thought, what little
information or comments I might have to make. I can’t recall that I
have learned anything additional since this happened that is not common
knowledge to everyone.

Mr. GRIFFIN. I see.

Now, let me also ask you, for the record, whether prior to commencing
this deposition you have talked with anybody from the Commission?

I am not talking about the FBI agents, but any staff member of the
Commission other than myself?

Mr. BEERS. No; I have had no contact with anyone from the Warren
Commission except over the telephone when I was notified and they
verified my address so they could mail me a notice to appear here.

I might go back and add, as far as my acquaintance with Jack Ruby is
concerned, I met him that particular day, and I have seen him in the
halls of the Dallas News in that 18-month period four times probably.

And I think Jack recalled that my first name was Jack, but not until I
testified in his change of venue hearing.

I think that he aware that I was Jack Beers.

Mr. GRIFFIN. Were you a prosecution witness or defense witness?

Mr. BEERS. Defense.

Mr. GRIFFIN. I take it that you were called to testify as to the
climate in Dallas, whether Jack could get a fair trial in Dallas or not?

Mr. BEERS. More or less; yes, sir.

It was concerned with the change of venue hearing in Judge Brown’s
court there.

Mr. GRIFFIN. I might add also that I did not interview you prior to
taking this deposition?

Mr. BEERS. No, sir.

I have never met you before in my life.

Mr. GRIFFIN. If there is anything else that you think we haven’t
covered here that comes to your mind after this deposition is
concluded, we would appreciate it if you would let us know. And if it
is something of importance, we might want to talk to you again.

But I certainly want to thank you for coming here and taking your time.
I realize you people are all busy, and it is an imposition to take you
away from your work, and we certainly are very grateful that you are
willing to take out this time and appear before us and give us this
information.

Mr. BEERS. Thank you, Mr. Griffin, you are very welcome.

Mr. GRIFFIN. It is a pleasure to have met you.

Mr. BEERS. I wish I could help you a lot more.

Mr. GRIFFIN. This is rather a methodical process we have to go through
talking to people, but you are all finished.

Mr. BEERS. Thank you very much.



TESTIMONY OF ROBERT LEONARD HANKAL

The testimony of Robert Leonard Hankal was taken at 10:25 a.m., on
April 17, 1964, in the office of the U.S. attorney, 301 Post Office
Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert,
Jr., assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Robert Leonard Hankal.

Mr. Hankal, my name is Leon Hubert. I’m a member of the advisory staff
of the general counsel of the President’s Commission created under the
provisions of Executive Order 11130, dated November 29, 1963, and the
Joint Resolution of Congress No. 137, and rules of procedure adopted by
the Commission in conformance with the Executive order and the joint
resolution and I have been authorized to take a sworn deposition from
you.

I state to you now Mr. Hankal that the general nature of the
Commission’s inquiry is to ascertain, evaluate and report upon facts
relating to the assassination of President Kennedy and the subsequent
violent death of Lee Harvey Oswald.

In particular as to you, Mr. Hankal, the nature of the inquiry today
is to determine what facts you know about the death of Oswald and any
other pertinent facts you may know about the general inquiry.

Mr. HANKAL. Yes, sir.

Mr. HUBERT. Mr. Hankal, you are appearing here today as a result of
a letter received by you, signed by Mr. J. Lee Rankin, the general
counsel for the President’s Commission; is that correct?

Mr. HANKAL. That is correct.

Mr. HUBERT. Is it correct that you received that letter more than 3
days from this date?

Mr. HANKAL. That’s right.

Mr. HUBERT. Will you stand and raise your right hand and be sworn? Do
you solemnly swear that the testimony you are about to give will be the
truth, the whole truth, and nothing but the truth, so help you God?

Mr. HANKAL. I do.

Mr. HUBERT. Will you state your name?

Mr. HANKAL. Robert Leonard Hankal.

Mr. HUBERT. Your age?

Mr. HANKAL. Thirty-two.

Mr. HUBERT. Your residence?

Mr. HANKAL. 3305 McKinney (No. 1).

Mr. HUBERT. And your occupation?

Mr. HANKAL. I am a director of KRLD Television.

Mr. HUBERT. How long have you been so employed?

Mr. HANKAL. I have been at KRLD for around 2 years. I have been a
director since January.

Mr. HUBERT. Were you on duty in connection with your occupation at the
city hall on November 23, 1963?

Mr. HANKAL. I was.

Mr. HUBERT. And I think you were there also on the 24th of November?

Mr. HANKAL. That’s right.

Mr. HUBERT. Now, I have handed you a report of an interview of you by
special agents of the FBI Quigley and Dallman, dated December 3, 1963,
which I have marked in the right hand margin--endorsed as follows:
“Dallas, Tex., April 17, 1964, Exhibit 5337, Deposition of R. L.
Hankal.” I have signed my name below that and on the second and third
pages I have placed my initials in the lower right-hand corner.

Mr. Hankal have you had an opportunity to read this Exhibit 5337?

Mr. HANKAL. I have.

Mr. HUBERT. That would be just a moment ago; is that correct?

Mr. HANKAL. That’s right.

Mr. HUBERT. Do you think that this Exhibit 5337 is a fair and correct
record of the interview had between you and the FBI agents?

Mr. HANKAL. It is with one exception, if I can make a note of that?

Mr. HUBERT. Yes.

Mr. HANKAL. I did see Jack Ruby shoot him--I didn’t know what was
happening.

Mr. HUBERT. Now, what sentence are you talking about?

Mr. HANKAL. This one--“The first reaction was that Oswald had grabbed a
police officer’s gun. He also recalls seeing a man’s back directly in
front of him obstructing his view of Oswald, and seemed to recall that
immediately preceding that he had observed a blur of movement out of
the corner of his eye,”--we didn’t go into it at the time--they were
interested in my activity more than anything else, when this interview
was held.

Mr. HUBERT. Let me go into this and get it identified here in the
record--you are speaking of this sentence--this is the sentence in the
second paragraph on page 2 and the sentence reads as follows: “The
first reaction was that Oswald had grabbed the police officer’s gun. He
also recalled seeing a man’s back directly in front of him obstructing
his view of Oswald, and seemed to recall that immediately preceding
that he had observed a blur of movement out of the corner of his eye.”

Mr. HANKAL. This is all correct, but it should be added also--I did
see--I know that man I later found out was Jack Ruby shoot Oswald.

Mr. HUBERT. In other words, you saw more than a blur--that’s what you
have in mind?

Mr. HANKAL. Yes; I saw----

Mr. HUBERT. You saw a blur first?

Mr. HANKAL. And then the action.

Mr. HUBERT. And then your attention was directed to the action by the
blur?

Mr. HANKAL. Right.

Mr. HUBERT. So, actually, you saw a man coming?

Mr. HANKAL. Yes.

Mr. HUBERT. Where was he coming from?

Mr. HANKAL. To my right.

Mr. HUBERT. How far away was he?

Mr. HANKAL. I believe since I made that statement it has been paced off
and set at about 9 feet.

Mr. HUBERT. Now, in order that we may have a graphic record of the
matter, I am showing you a chart of the basement area, and you are now
sitting before the FBI mockup of substantially the same area except
that it doesn’t cover all the parking area.

I have marked that chart as follows: “Dallas, Tex., April 17, 1964,
Exhibit 5338, Deposition of R. L. Hankal,” and I have signed my name on
it.

Now, before we go into positions to be marked on that map, may I ask
you how long you had been in the basement area prior to the shooting?

Mr. HANKAL. Somewhere around 2 or 3 hours and the night before.

Mr. HUBERT. Had you ever seen Ruby around at any time?

Mr. HANKAL. Not that I recall.

Mr. HUBERT. Did you know him?

Mr. HANKAL. No; I didn’t.

Mr. HUBERT. And when you testified a moment ago that you saw the man
Ruby shoot Oswald, is it correct to state that you did not at that time
know that the man doing the shooting was Jack Ruby?

Mr. HANKAL. That’s correct.

Mr. HUBERT. Well, now, you did assume a position in the basement for
some time prior to the actual shooting and it was a rather static
position, wasn’t it?

Mr. HANKAL. The evening before we were positioned directly across from
the jail office door. The next day when we came to work, we moved our
camera across the ramp down into the parking area.

Mr. HUBERT. Back of the rail?

Mr. HANKAL. Back of the rail--we were shooting between the rails.

Mr. HUBERT. Where were you, in fact, standing at the moment of the
shooting? I ask you to place the spot first on the mockup and I give
you the chart to mark a point at which you were standing after you
fixed the point on the mockup.

Mr. HANKAL. My camera was here just to the left of this center pole and
shooting between the rails--we have a long vertical zoom lens and it
stuck out between the rails--I was standing outside of the rail of the
ramp to the left of the lens.

Mr. HUBERT. Would you mark on this chart where you were standing?

Mr. HANKAL. I was standing here [indicating and marking on the chart
referred to].

Mr. HUBERT. Now, you have marked a place “X”. Now, put it in a circle,
and I am drawing a line and writing the following “position of Hankal
at time of shooting” is that correct?

Mr. HANKAL. That’s correct.

Mr. HUBERT. The camera was to your rear and left, is that right?

Mr. HANKAL. To my right.

Mr. HUBERT. To your right or to your left?

Mr. HANKAL. To my right.

Mr. HUBERT. So that the camera would have been approximately like this?

Mr. HANKAL. That’s right.

Mr. HUBERT. I am drawing a square in which I am marking an “A” and I am
drawing a line out and writing “position of live camera”--it was a live
camera?

Mr. HANKAL. Yes, sir.

Mr. HUBERT. What is the station?

Mr. HANKAL. KRLD.

Mr. HUBERT. “KRLD”.

It was there at all pertinent times--right?

Mr. HANKAL. We moved and shot up here after the shots were fired.

Mr. HUBERT. But before the shots were fired, that’s where you were?

Mr. HANKAL. That’s right--before the shots were fired that’s where we
were.

Mr. HUBERT. Then, at all pertinent times prior to the shooting you were
there?

Mr. HANKAL. Right.

Mr. HUBERT. The camera itself was back of the rail into the parking
area--you were in front of the rail on the ramp?

Mr. HANKAL. On the ramp in front of the rail--right.

Mr. HUBERT. Do you know Jim Turner?

Mr. HANKAL. No; I don’t.

Mr. HUBERT. Do you know George Phenix?

Mr. HANKAL. Yes.

Mr. HUBERT. Was he there too?

Mr. HANKAL. Oh, yes.

Mr. HUBERT. What was the relative position between you and George?

Mr. HANKAL. George was to my right, I believe, he was still here.

Mr. HUBERT. Now, I am marking a position which you have designated on
the mockup as being approximately where I am putting the letter “P” for
Phenix, is that about right?

Mr. HANKAL. That’s as I last saw him before the shooting.

Mr. HUBERT. And I am drawing a line and writing “Phenix position
according to Hankal,” is that right?

Mr. HANKAL. Correct.

Mr. HUBERT. Do you know a man by the name of Huffaker?

Mr. HANKAL. I do.

Mr. HUBERT. Who is he?

Mr. HANKAL. He is a newsman at KRLD.

Mr. HUBERT. Where was he standing?

Mr. HANKAL. Well, the last time I saw Bob before the shooting, he was
just outside and to the left of the jail office door.

Mr. HUBERT. How long before the shooting was that?

Mr. HANKAL. Perhaps 5 or 6 minutes before it.

Mr. HUBERT. You didn’t see him at the time of the shooting?

Mr. HANKAL. No; I didn’t. After the shooting he came to our camera for
instructions.

Mr. HUBERT. When they brought Oswald down, was any announcement made of
it at the moment?

Mr. HANKAL. Not outside of just a cry from a newsman that said, “He’s
coming.” That’s the only announcement I ever heard.

Mr. HUBERT. And then immediately thereafter the parties escorting him
began to come through?

Mr. HANKAL. Appeared at the door and came through.

Mr. HUBERT. Can you tell us what was the reaction at the time Oswald
actually appeared into view of the news people and the police and so
forth?

Mr. HANKAL. Well, the physical things that happened was there was a
stir--some of the movie cameras lights--they need more lights than the
television cameras do, some of their lights came on, strobe lights came
on and cameras began to click. It was--at the moment not very noisy as
it had been--a little, oh, a hush fell over us.

Mr. HUBERT. Isn’t it a fact that prior to the shooting, immediately
prior to the shooting there was a general surge forward?

Mr. HANKAL. Just prior to the shooting?

Mr. HUBERT. Yes.

Mr. HANKAL. Yes--I would say.

Mr. HUBERT. I mean that there was a general movement--a step or two
forward by each person--that made a surge?

Mr. HANKAL. A moving forward, leaning forward, of all bodies.

Mr. HUBERT. And it was almost immediately thereafter or
contemporaneously with it that Jack Ruby brushed through the crowd, is
that correct?

Mr. HANKAL. Within the same action.

Mr. HUBERT. You had not seen him standing there before?

Mr. HANKAL. No; I hadn’t.

Mr. HUBERT. You don’t know how he got in?

Mr. HANKAL. I don’t.

Mr. HUBERT. Were you present at the showup of Oswald which took
place on the night of November 22 in the assembly room of the police
department when the press and other news media representatives were
allowed to see Oswald?

Mr. HANKAL. Yes.

Mr. HUBERT. Did you see Jack Ruby in that crowd?

Mr. HANKAL. No; I didn’t.

Mr. HUBERT. Did you hear anyone say anything from the rear to Oswald?

Mr. HANKAL. Well, what do you mean?

Mr. HUBERT. Well, specifically----

Mr. HANKAL. There were a lot of questions, a lot of people were asking
him questions; yes.

Mr. HUBERT. Were there any answers?

Mr. HANKAL. Yes; he answered some of them--yes--one of them was “I
haven’t killed anyone,” was one of his answers, and I didn’t hear that
question. I believe the question was, “Did you shoot the President?”
But if you are asking me if I heard Jack Ruby say anything to Oswald, I
did not.

Mr. HUBERT. Did you see anyone standing on a table toward the rear of
the room?

Mr. HANKAL. I did not--well, there were people standing on tables in
the back of the room; yes.

Mr. HUBERT. Did you observe them?

Mr. HANKAL. I did see that there were people on tables, but excuse
me--I am anticipating your question.

Mr. HUBERT. Can you tell me whether you can say definitely one way or
the other that among those people standing on tables was Jack Ruby?

Mr. HANKAL. No; I can’t tell you that I saw him to recognize him. I’m
sure I saw him if he was up there, but wherever he was I must have seen
him.

Mr. HUBERT. But your point, as I understand it, is that you did see
some people standing?

Mr. HANKAL. Right.

Mr. HUBERT. On tables?

Mr. HANKAL. Yes, sir.

Mr. HUBERT. Whether any of those people was Jack Ruby you cannot say
one way or the other?

Mr. HANKAL. That’s right, I didn’t know the man.

Mr. HUBERT. And after you got to know him, your recollection doesn’t
place him at all?

Mr. HANKAL. It does not.

Mr. HUBERT. Now, have you been interviewed by any other member of the
President’s Commission prior to this?

Mr. HANKAL. No; I have not.

Mr. HUBERT. I believe that’s all. Thank you very much.

Mr. HANKAL. Thank you.



TESTIMONY OF ROBERT S. HUFFAKER, JR.

The testimony of Robert S. Huffaker, Jr., was taken at 4:25 p.m., on
April 16, 1964, in the office of the U.S. attorney, 301 Post Office
Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert,
Jr., assistant counsel of the President’s Commission.


Mr. HUBERT. Mr. Huffaker, my name is Leon Hubert. I’m a member of the
advisory staff of the general counsel of the President’s Commission.
Under the provisions of Executive Order 11130, dated November 29, 1963,
and the Joint Resolution of Congress No. 137 and rules of procedure
adopted by the Commission in conformance with that Executive order and
joint resolution, I have been authorized to take a sworn statement from
you.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate and report upon facts relating to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald.

In particular as to you, Mr. Huffaker, the nature of the inquiry today
is to determine what facts you know about the death of Oswald and any
other pertinent facts you may know about the general inquiry, and about
the activities of one Jack Ruby.

Mr. Huffaker, I think you have appeared here today as a result of a
written request addressed to you by Mr. J. Lee Rankin, general counsel
of the President’s Commission; is that a fact?

Mr. HUFFAKER. Yes.

Mr. HUBERT. Did you receive that written notice more than 3 days from
today?

Mr. HUFFAKER. Yes; I did.

Mr. HUBERT. Now, will you rise and be sworn?

Do you solemnly swear the testimony you are about to give will be the
truth, the whole truth, and nothing but the truth, so help you God?

Mr. HUFFAKER. I do.

Mr. HUBERT. Will you state your name, please?

Mr. HUFFAKER. Robert S. Huffaker, Jr.

Mr. HUBERT. How old are you, sir?

Mr. HUFFAKER. I am 27.

Mr. HUBERT. What is your residence?

Mr. HUFFAKER. My residence is 4700 Eastside Avenue.

Mr. HUBERT. Dallas?

Mr. HUFFAKER. Apartment 121, Dallas, and it has changed since these
statements were made.

Mr. HUBERT. What is your occupation, sir?

Mr. HUFFAKER. Radio television newsman.

Mr. HUBERT. How long have you been so occupied?

Mr. HUFFAKER. Well, I have been in radio and television for, excluding
a 6 months’ term in the Army, for 7 years.

Mr. HUBERT. How long have you been with KRLD?

Mr. HUFFAKER. I have been with KRLD since May 1963.

Mr. HUBERT. Were you with another television or radio station prior to
that time?

Mr. HUFFAKER. Yes; I was with KBTX-TV in Bryan.

Mr. HUBERT. Bryan, Tex.?

Mr. HUFFAKER. Yes.

Mr. HUBERT. And how long were you with them?

Mr. HUFFAKER. I was with them for about 2½ years.

Mr. HUBERT. Now, on November 24, 1963, were you on duty with your
employer?

Mr. HUFFAKER. Yes, sir; I was.

Mr. HUBERT. Were you in the Dallas police basement?

Mr. HUFFAKER. Yes; I was.

Mr. HUBERT. Now, Mr. Huffaker, I have shown you two documents, the
first being a report of an interview with you on November 28, 1963, by
FBI Agents Hardin and Rawlings [spelling] R-a-w-l-i-n-g-s, which I have
marked for identification as “Dallas, Tex., April 16, 1964, Exhibit
5331, Deposition of R. S. Huffaker,” and I have signed my name on it.

Mr. HUFFAKER. Be sure that that’s “Jr.” because I’ve got a father with
the same name.

Mr. HUBERT. All right, I shall add that, and I have signed my name, and
since the document contains two pages, I have placed my initials on the
right-hand bottom of the second page.

The other document is also a report of an interview of you by FBI
Agents Pinkston [spelling] P-i-n-k-s-t-o-n, and Brown, on November 30,
1963, upon which I have endorsed the following, “Dallas, Tex., April
16, 1964, Exhibit 5332, deposition of R. S. Huffaker, Jr.”

I have signed my name below that and on the second page I have placed
my initials in the lower right-hand corner.

I now ask you if you have had an opportunity to read both of those
exhibits, numbers 5331 and 5332?

Mr. HUFFAKER. Yes, sir; I have.

Mr. HUBERT. Can you tell us whether those two exhibits are correct
reports of the interviews had with you by the FBI agents mentioned?

Mr. HUFFAKER. With a few very, very minor exceptions.

Mr. HUBERT. All right, will you take first the exhibit which has been
identified as No. 5331 and state what corrections you wish to be made
to that statement?

Mr. HUFFAKER. First of all, in the second line as it first appears
and in its subsequent appearances the call letters of my station are
incorrect. It should be--rather than KLRD--it should be KRLD.

Mr. HUBERT. And that’s true throughout the document, if it appears as
KLRD it should be KRLD?

Mr. HUFFAKER. Right--that’s correct.

Mr. HUBERT. Have you any other changes or corrections to make?

Mr. HUFFAKER. Well, just to be exactly specific, the last sentence in
the second paragraph.

Mr. HUBERT. Now, that sentence reads as follows: “He even noted they
were checking police automobiles parked in the area.” Now, addressing
yourself to that sentence, what comment do you wish to make?

Mr. HUFFAKER. Well, it should be--it should have referred to the fact
that I did note Sergeant Putnam check a police van which was driven
down into the basement.

Mr. HUBERT. And that’s the only vehicle that you saw them check?

Mr. HUFFAKER. That’s the only one that I saw them check.

Mr. HUBERT. So, that you think that the quoted sentence is too broad in
that it intimates you saw them checking several automobiles, whereas,
in fact, you had reference there to only one, as you have identified it
a moment ago?

Mr. HUFFAKER. That’s correct, and to expand a little bit further toward
this--I did note that they were checking all over the basement, and I’m
sure that they were checking the vehicles down there, but I did not
specifically note them doing so.

Mr. HUBERT. Well, perhaps it would be helpful to you if you would
explain what you saw which prompts you now to say that they were
checking all over the basement, what then were they doing, in fact?

Mr. HUFFAKER. Well, I saw Sergeant Putnam and Sergeant Dean and--oh, a
fairly good sized number of uniformed officers who were walking around
the basement area from one end to another and they were searching the
basement.

Mr. HUBERT. How were they searching, what were they actually doing?

Mr. HUFFAKER. Well, they were just looking--I cannot say definitely
that they were looking in cars, because I really didn’t pay that close
attention, but they were looking in various portions of the basement
and I was well aware that they were searching the basement.

Mr. HUBERT. In other words, the impression of their activities you
gained was that it was a search party?

Mr. HUFFAKER. Right.

Mr. HUBERT. All right, have you any other comments to make about
Exhibit No. 5331?

Mr. HUFFAKER. Let me say just off the record--this sentence here is
incorrect [indicating].

Mr. HUBERT. Well, let’s stay on the record and let me read the sentence.

“His eyes were focused on Oswald as he approached the automobile which
was to transport him to the county jail and when the shot rang out, he
looked toward Oswald as the latter fell to the floor.”

What comment have you to make as to that quoted sentence?

Mr. HUFFAKER. My eyes were focused on the automobile which was to
transport Oswald to the county jail as it was being backed into
position. I had looked at Oswald when he first emerged from the door,
but when the car began to back up, then I looked at it.

Mr. HUBERT. Now, when the car began to back up and you looked at it, in
what direction did it cause you to look, to your left or to your right?

Mr. HUFFAKER. When I looked at the car?

Mr. HUBERT. Yes.

Mr. HUFFAKER. To my left.

Mr. HUBERT. All right, any other comments?

Mr. HUFFAKER. The remainder of the sentence is correct, because when
the shot rang out, then I did look towards Oswald.

Mr. HUBERT. Are there any other corrections to be made as to Exhibit
No. 5331?

Mr. HUFFAKER. No, sir; to the best of my knowledge the remainder of it
is correct.

Mr. HUBERT. All right. Now, I ask you to look at the document which has
been previously identified as Exhibit 5332, and state whether it is a
true and correct copy--report on the interview had of you by Special
Agents Pinkston and Brown on November 30, 1963?

Mr. HUFFAKER. The first sentence of the second paragraph could be
slightly misleading.

Mr. HUBERT. Now, let’s identify that sentence--it reads as follows----

Mr. HUFFAKER. I beg your pardon, it’s the third paragraph.

Mr. HUBERT. All right, the quote is as follows:

“On the morning of November 24, 1963, he was assigned to get the story
of the transfer of Lee Harvey Oswald from the Dallas City Jail to the
Dallas County Jail, and went to the Dallas Police and Courts Building
for this purpose.”

Do you wish to comment upon that sentence?

Mr. HUFFAKER. Yes; this was not the sole purpose of my being there. I
was working at the time for KRLD, my regular employer, and also for CBS
News and I was there to report, and the city hall was my assignment
from the beginning of the morning of November 23.

Mr. HUBERT. By city hall, do you mean the building in which the Dallas
police is housed?

Mr. HUFFAKER. Yes, sir.

Mr. HUBERT. You are aware that there is another building called the
Municipal Building which is a separate building?

Mr. HUFFAKER. Yes, sir.

Mr. HUBERT. So, that when you say “city hall” you don’t mean the
Municipal Building, you mean the Dallas Police Department Building?

Mr. HUFFAKER. That’s right, and from the morning of November 23, the
assignment had been given to me to cover for KRLD and to help CBS cover
anything that might happen there, and our interest on this particular
day was not necessarily focused on the transfer of Lee Oswald.

Mr. HUBERT. All right.

Mr. HUFFAKER. Let’s see--yes; this spelling of the name here of
Bob--his last name is not correct.

Mr. HUBERT. That’s in the fourth paragraph, the fourth line, and it is
shown as Bob Hinkle [spelling] H-i-n-k-l-e. You say that that spelling
is wrong?

Mr. HUFFAKER. That the spelling is incorrect.

Mr. HUBERT. What is the correct spelling?

Mr. HUFFAKER. It should be--this was the spelling I gave them, however,
on that interview. I have since discovered that it is H-a-n-k-l-e or
“e-l”--I’m still not certain.

Mr. HUBERT. I think that the man’s name is actually [spelling]
H-a-n-k-a-l.

Mr. HUFFAKER. You are right. [Spelling] H-a-n-a-k-a-l is right.

Now, I believe I did notice something in that other statement--I
thought perhaps it was in this one.

Mr. HUBERT. Do you want to finish with this one first?

Mr. HUFFAKER. I guess I had better.

Mr. HUBERT. And by this one, we mean No. 5332?

Mr. HUFFAKER. Well, again, it says I “saw them searching the cars”--I
saw them searching among the cars.

Mr. HUBERT. Then, I think we can say that Exhibit 5332, with the
corrections that have been made is a fair and correct report of the
interview of you on November 30, right?

Mr. HUFFAKER. Right, sir; with that change that I saw them searching
among the cars, rather than searching the cars themselves.

Mr. HUBERT. All right; that has gone into the record. Now, you want to
go back, I think, to Exhibit 5331?

Mr. HUFFAKER. Yes.

Mr. HUBERT. There is something more you wish to say about that one?

Mr. HUFFAKER. That’s right.

Mr. HUBERT. Will you tell us what it is?

Mr. HUFFAKER. All right; it refers to this sentence----

Mr. HUBERT. All right; the sentence that the witness is referring to
is in the third paragraph--it is the third sentence and it reads as
follows:

“He had assumed a station directly in front of the doors leading from
the elevator onto the ramp in the basement and had been trying to keep
persons out of the line of the KLRD cameras in order that Oswald could
be photographed as he left the doors leading from the elevators.”

Now, do you wish to comment about that sentence?

Mr. HUFFAKER. Yes, sir; there are two discrepancies in that one. I
had assumed a station directly in front of the doors leading from the
interior basement of the Dallas Police Headquarters into the basement
parking area, rather than leading from the elevator onto the ramp.
And, I had been attempting to keep persons out of the line of the KRLD
camera, but this was not in order that Oswald could be photographed,
but it was in order that the live camera--the--because this was not
a film camera such as that that George Phenix was using, but a live
camera--so that it would enable our live cameras to pick him up as he
left the door leading from the jail office into the basement, rather
than leading from the elevator.

Mr. HUBERT. All right, sir; other than the wording of that, and other
than the corrections you have previously made as to Exhibit 5331, do
you think it is a fair statement of the interview of you on November 28?

Mr. HUFFAKER. Yes, sir.

Mr. HUBERT. Now, I have marked for the purpose of identification a
chart of the basement which, as you can see on this FBI mockup before
you is a chart of the same object except that the map covers some area
not covered by the mockup, and for the purpose of identification, I
have marked it as “Dallas, Tex., April 16, 1964, Exhibit No. 5333,
Deposition of R. S. Huffaker, Jr.”

And I have signed my name below it. Now, I think your statements
previously given and identified as Nos. 5331 and 5332 indicate that
you had taken up a position approximately one-half an hour before the
shooting actually occurred; is that correct?

Mr. HUFFAKER. Approximately; yes, sir.

Mr. HUBERT. Now, I would like you to fix that position by pointing to
it on the mockup, and then I will mark it on the chart, and if you
agree that it is correctly marked, you may say so, and thus we will
have a permanent record of exactly what position you were in?

Mr. HUFFAKER. All right, sir; approximately this position [indicating
on the mockup].

Mr. HUBERT. Now, you are fixing a position almost in the middle of the
middle segment of the railing, which is divided into three segments, by
two horizontal poles, which railing runs from one post on the Commerce
Street side of the basement to another post on the Main Street side of
the basement; is that correct, sir?

Mr. HUFFAKER. Yes.

Mr. HUBERT. Now, you will note that the chart does not show the
vertical poles, but will you agree with me that the black part that I
am marking (1) and the black part that I am marking (2), represent on
the mockup itself the two main poles?

Mr. HUFFAKER. Yes, sir.

Mr. HUBERT. Will you agree with me, too, that looking at the mockup,
there is a railing which runs between those two posts marked (1) and
(2) and that that railing is divided by horizontal poles, approximately
equidistant from one another and from the two main posts?

Mr. HUFFAKER. Yes.

Mr. HUBERT. So that I’m going to mark, at a point which may not be
mathematically correct, but is intended to be as a number (3), the
position of one of the vertical rails of the railing and the other
number (4) as the other vertical rail. Now, as you pointed out the
matter to me on the mockup, am I correct in saying that you were at
this point?

Mr. HUFFAKER. Let me see--yes, sir; that’s correct.

Mr. HUBERT. I am marking the point with a number (5) in a circle, and
I ask you if that is not approximately where you were standing at the
time of the shooting and for a period of perhaps 15 to 20 minutes prior
thereto?

Mr. HUFFAKER. Well, now, you have the (5) in contact with the railing
almost, and I was farther away from the railing, however, its position
relation to its distance between point (1) and (2) and point (3) and
(4) is correct. However, it was a little farther from the railing.

Mr. HUBERT. How many inches or feet from the railing toward the jail
office or jail corridor were you standing, in fact?

Mr. HUFFAKER. Well, to the best of my knowledge, I was probably
about--approximately 4 feet from the rail.

Mr. HUBERT. Now, I have written in my own hand and connected it with a
line to point (5) the following, “position of R. S. Huffaker, Jr., at
the time of shooting, but he was 4 feet from railing.”

Mr. HUFFAKER. Approximately.

Mr. HUBERT. I will add the word “about”--is that correct?

Mr. HUFFAKER. Yes.

Mr. HUBERT. “About 4 feet from railing.”

Mr. HUFFAKER. Yes; that’s correct.

Mr. HUBERT. Now, were you there for about 15 or 20 minutes prior to the
shooting?

Mr. HUFFAKER. Oh, I was there for at least a half an hour prior to the
shooting. You mean in that stable position?

Mr. HUBERT. Yes.

Mr. HUFFAKER. No, sir; not in that very spot.

Mr. HUBERT. Well, how long were you in that very spot?

Mr. HUFFAKER. Let’s see, I could not say for certain, but our video
tape which is preserved and in existence will show me taking this
position and will be the best evidence of exactly how long I was there.

Mr. HUBERT. Can you give us some idea of the number of people, either
police or news media, standing to your right as you stood there?

Mr. HUFFAKER. To my right?

Mr. HUBERT. You were facing the corridor with your back to the parking
area and your back to the railing, isn’t that correct?

Mr. HUFFAKER. Well, actually, my back was more facing the Main Street
ramp than it was to the parking area. My left side was facing the
railing.

Mr. HUBERT. You were almost looking up the ramp that goes to Commerce
Street?

Mr. HUFFAKER. Yes, sir.

Mr. HUBERT. Could you tell us who was on your right or what was the
condition of the crowd of people there, how many there were?

Mr. HUFFAKER. There was a large number of people and there were, I
would say, at least 12 to 15 people lined up across the ramp and at the
wall, which is just outside the jail office there.

Mr. HUBERT. Now, would you take my pen and draw the front line of those
people, marking the beginning point as number (6) and the end of that
line as (7)?

Mr. HUFFAKER [marking the document as requested]. Now, this line
went--sometimes it went up into here [indicating] and I could not say
for certain whether it was existent at that time, but there were people
all the way up into here, but I would make a rough guess it would be
this.

Mr. HUBERT. Will you indicate (6) and (7)--in other words, there were
people lined up along the line that you have drawn as (6) and (7) at a
single point on one end of that line, too, from what I gather from that?

Mr. HUFFAKER. Not exactly--that is, I’m not certain--there could have
been some more between me and the rail.

Mr. HUBERT. Now, in the area back of that line and in the direction of
Main Street, you say there were approximately 12 to 15 to 18 people?

Mr. HUFFAKER. No, not behind the line, but actually lined up somewhat
in a line like that [indicating].

Mr. HUBERT. What about the number of people on the Main Street side of
the line which you have designated as (6) to (7)?

Mr. HUFFAKER. I just don’t know how many people were back there,
but I know there was a line of people from this point to this point
[indicating].

Mr. HUBERT. Did you see any officers on the opposite side from where
you were standing?

Mr. HUFFAKER. Yes, sir; I did.

Mr. HUBERT. Will you mark another line, curving it if need be, and
starting with (8) and going to (9) and showing us roughly the line of
people who were standing where you indicated?

Mr. HUFFAKER. Now, this will be to the best of my recollection [drew
the line as requested].

Mr. HUBERT. You have drawn a line, one end of which is (8) in a circle
and the other end of which is (9) in a circle--there were people
standing along there, you say?

Mr. HUFFAKER. Yes.

Mr. HUBERT. Do you know who they were?

Mr. HUFFAKER. Most of them were police officers. I don’t know any of
them by name, but I was aware that they were police officers. That is,
I do not believe that I knew any of them by name.

Mr. HUBERT. Did you see Ruby come out of the crowd?

Mr. HUFFAKER. No, sir; I didn’t.

Mr. HUBERT. Did you hear him?

Mr. HUFFAKER. No, sir.

Mr. HUBERT. When did you first observe that something had happened?

Mr. HUFFAKER. When I heard the shot, I recognized it as the sound of
a .38, and just as soon as reflexes would do it, I turned and saw
Oswald as he fell. I really could not distinguish Ruby from the mass of
humanity that was there, but the thing that I saw when I turned around
was Oswald falling.

Mr. HUBERT. What distance do you suppose there was between your body
and Oswald’s body at the time you saw this? You may look, for example,
in this room and see. Stay where you are and let me stand away from
you--was it this far or farther or closer or what? [Hubert walked
distances as indicated by the question.]

Mr. HUFFAKER. Let me see--let me stand up--it was about this far.

Mr. HUBERT. What do you judge, “this distance” to be?

Mr. HUFFAKER. Well, I would say it is about 11 feet.

Mr. HUBERT. All right. Did you hear Ruby say anything?

Mr. HUFFAKER. No, sir; I did not.

Mr. HUBERT. Did you hear anyone else say anything which was
distinguishable?

Mr. HUFFAKER. Not distinguishable--that is, not at the moment of the
shot. Immediately before or after----

Mr. HUBERT. Did you hear anything at any time after?

Mr. HUFFAKER. Yes, sir; I did, which I could not quote it exactly, but
the first thing that I distinguished, the first utterance that I could
distinguish, and as I say, I do not recall the exact words, but I heard
Police Officer Richard Swain who was--I don’t know where he was before
the shot was fired, but immediately afterward, he was standing a very
short distance from me blocking access of anyone else, and he made--he
shouted out for no one to come any further.

Mr. HUBERT. You don’t remember the words?

Mr. HUFFAKER. The words, frankly, I think he said, “I’ll knock you on
your ass,” but I’m not certain exactly what the words were.

Mr. HUBERT. But in any case, in the sense you understood the officer,
he was trying to keep anybody from converging there?

Mr. HUFFAKER. And how. Yes; he was.

Mr. HUBERT. There’s one other thing I wanted to do by way of position.
I’m going to roughly draw a rectangle which will not be in scale but
I hope that it will fix the position of the television camera unit of
KRLD which you were attached to.

Mr. HUFFAKER. Yes, sir.

Mr. HUBERT. In the first place, I understand it was on the other side
of the rail from you?

Mr. HUFFAKER. That’s correct.

Mr. HUBERT. I understand further that some of its mechanisms, its
camera mechanisms were actually sticking out over the rail?

Mr. HUFFAKER. I think actually it protruded through the rail, rather
than over the rail, but I really can’t say for certain--I think it was
through the rail.

Mr. HUBERT. As I understand it, it was to your back and left more or
less?

Mr. HUFFAKER. That’s correct.

Mr. HUBERT. So that although it is not intended to be accurate, but
just to give a general idea of the position of the KRLD camera, I am
marking a rectangle in which I am placing a capital A and would you
agree that that figure shows, generally speaking, the position of the
camera of KRLD?

Mr. HUFFAKER. Yes, sir.

Mr. HUBERT. In order to make the map self explanatory to some extent, I
am writing on it as follows: “Approximate position of KRLD camera.”

Mr. HUFFAKER. Well, it might be well to distinguish this camera as the
live television camera from the film camera.

Mr. HUBERT. Well, I will put in parentheses “live,” is that correct?

Mr. HUFFAKER. Yes, sir.

Mr. HUBERT. Do you think that it is correct to state that anyone who
would read your two statements, Exhibits 5331 and 5332 and who would
also read the transcript of the deposition and have available at the
time they are reading that, this chart, would have as accurate a story
of the facts as you know them as is possible?

Mr. HUFFAKER. Yes, sir; and of course my story could be--sometimes
could be fixed by looking at our video tape, and by the way, I am
sorry--I was going to look at it before today.

Mr. HUBERT. We have done that.

Mr. HUFFAKER. I’m sure you have, but anyway I was going to look at it
to refresh my memory. I didn’t ever get a chance to.

Mr. HUBERT. Have you been interviewed by any member of the Commission’s
staff prior to today?

Mr. HUFFAKER. No; by no member of the Commission’s staff.

Mr. HUBERT. Now, you and I spoke a little bit prior to the commencement
of this deposition, but do you perceive that we spoke about anything
which has not been subsequently brought up and discussed in this
deposition?

Mr. HUFFAKER. No; that’s correct. We did not discuss anything that has
not been brought up in it.

Mr. HUBERT. Thank you very much.

Mr. HUFFAKER. Thank you.



TESTIMONY OF GEORGE R. PHENIX

The testimony of George R. Phenix was taken at 3:40 p.m., on April 16,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. Mr. Phenix, my name is Leon Hubert. I am a member of the
advisory staff of the General Counsel of the President’s Commission
on the Assassination of President Kennedy. Under the provisions
of Executive Order 11130, dated November 29, 1963, and the Joint
Resolution of the Congress, No. 137, and the rules of procedure adopted
by the Commission in conformance with the Executive order and the joint
resolution, I have been authorized to take a sworn deposition from you.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relating to the
assassination of President Kennedy and the subsequent violent death
of Lee Harvey Oswald. In particular as to you, Mr. Phenix, the nature
of the inquiry today is to determine all the facts you know about the
death of Oswald and any other pertinent facts you may know about the
general inquiry and the activities of Jack Ruby.

Mr. Phenix, I think you appeared here as a result of a written request
addressed to you by Mr. J. Lee Rankin, who is the General Counsel of
the President’s Commission.

Mr. PHENIX. Yes.

Mr. HUBERT. And I ask you now, you received that written request more
than 3 days ago?

Mr. PHENIX. Yes.

Mr. HUBERT. Will you rise and be sworn? Do you solemnly swear the
testimony you are about to give will be the truth, the whole truth,
and nothing but the truth, so help you God?

Mr. PHENIX. I do.

Mr. HUBERT. Will you please state your name?

Mr. PHENIX. George R. Phenix.

Mr. HUBERT. And your age?

Mr. PHENIX. Twenty-five.

Mr. HUBERT. Where do you live?

Mr. PHENIX. 2550 Klondike.

Mr. HUBERT. What is your occupation?

Mr. PHENIX. I am a reporter--cameraman.

Mr. HUBERT. What station?

Mr. PHENIX. KRLD.

Mr. HUBERT. That’s a Dallas station?

Mr. PHENIX. Right.

Mr. HUBERT. How long have you been so employed?

Mr. PHENIX. Since the middle of October.

Mr. HUBERT. What was your occupation prior to that time?

Mr. PHENIX. Reporter for the magazine Texas Municipal League, an
organization of Texas towns and city of the magazine--Austin.

Mr. HUBERT. Are you a college graduate?

Mr. PHENIX. No; doggone it--no. I lack three courses. I have been in
college for a long time.

Mr. HUBERT. Where did you study?

Mr. PHENIX. Texas Tech and Texas University--journalism and advertising.

Mr. HUBERT. Were you on duty with KRLD on November 24, 1963?

Mr. PHENIX. Yes, sir.

Mr. HUBERT. What function were you performing on that day with
reference to your occupation?

Mr. PHENIX. My assignment was to cover Oswald as they brought him out
from the police department, cover him, and just to get film on it.

Mr. HUBERT. In other words, you were to operate a film camera and you
had nothing to do with the television part of it at all?

Mr. PHENIX. None at all.

Mr. HUBERT. Did KRLD have television machines down there?

Mr. PHENIX. Right--we had a live camera set up there.

Mr. HUBERT. But your operation was not in connection with that?

Mr. PHENIX. No--there are really two distinct operations--they are a
production crew, the same crew that handles a TV show in the studio,
and I don’t even know how to operate their cameras.

Mr. HUBERT. What you were operating was a hand camera, is that correct?

Mr. PHENIX. Well, it’s a little larger than a hand camera but generally
it is operated on a battery pack.

Mr. HUBERT. Perhaps for the record you might, if you can, give the
technical description of the camera you were using that day.

Mr. PHENIX. Well, it’s an Auricon, 16 mm. sound camera and it is
equipped with a 400-foot magazine, operated--a hand camera is normally
hand wound--this is power driven by a battery, and it had a microphone
and it was braced on a unipod, a single pole.

Mr. HUBERT. It is held by the hand and balanced that way?

Mr. PHENIX. By the hand when it is on a unipod. Normally it is usually
either on a tripod or a shoulder harness and it weighs about 40 pounds
I imagine.

Mr. HUBERT. Well, on the 24th of November how were you operating it--on
a tripod?

Mr. PHENIX. On a unipod--on a unipod.

Mr. HUBERT. By that, I take it it is a single stick, is it not?

Mr. PHENIX. Right.

Mr. HUBERT. It is adjustable for distance from the ground?

Mr. PHENIX. Yes, sir--I believe there are three adjustments you can
make.

Mr. HUBERT. It serves to steady the camera?

Mr. PHENIX. Right.

Mr. HUBERT. Now, Mr. Phenix, I have shown you two documents which I am
now going to mark for identification as follows, to wit: The first one
I am marking, “Dallas, Tex., April 16, 1964, as number 5328, Deposition
of George R. Phenix,” and I am signing my name below that. That
contains one page. It purports to be an interview of you on November
24, 1963, by FBI Agents Lee and Barrett [spelling] B-a-r-r-e-t-t.

I am marking the second document as follows:

“Dallas, Tex., April 16, 1964, as Exhibit 5329, Deposition of George
R. Phenix,” and I am signing my name below that. That document also
contains only one page and purports to be a report of an interview with
FBI Agents Harding and Rawlings. Have you had an opportunity to read
the exhibits, which have been identified as Exhibits 5328 and 5329?

Mr. PHENIX. Yes, sir.

Mr. HUBERT. Do you consider that those exhibits represent a true and
fair report of the interviews which they purport to cover?

Mr. PHENIX. Yes, sir. Now, the second one updates the first one. The
second one is more correct.

Mr. HUBERT. That is to say, the one dated November 28, 1963, identified
as Exhibit No. 5329, goes into more detail than the one dated November
24, which has been identified as Exhibit 5328?

Mr. PHENIX. Yes.

Mr. HUBERT. Do you perceive any conflicts between them?

Mr. PHENIX. No--mainly--I don’t know if you need this for your record
or not. Mainly, there is just a correction in an impression I had. I
was located around by the crew and in that first interview, I thought
I would have been hit by Ruby since he was in front of me, as he
stepped out of the crowd, but then we know--one says we know it wasn’t
Ruby--that’s about it.

Mr. HUBERT. Now, could you more graphically show your position--I have
asked you previously to study this FBI mockup of the jail office,
showing also the Commerce and Main Street ramps, the ramp from the
parking area into the street ramps, and I am going to ask you if you
would show us, now, where you were when you first came into the area
that this mockup shows, and I will explain the system that I will use.

If you will point to the place on the mockup, we will then agree as to
what that point is on the chart and mark it so, and then if you change
positions from one to another, we will so indicate, so that any person
who reads your testimony with this chart before them can follow it
intelligently.

Mr. PHENIX. All right.

Mr. HUBERT. Now, in order that the chart may be properly identified, I
am marking it as follows: “Dallas, Tex., April 16, 1964, Exhibit No.
5330, Deposition of George R. Phenix.” I will sign my name below that.
Now, Mr. Phenix, at what time did you first come down into the basement
and into this area?

Mr. PHENIX. It was a little after 9 o’clock, according to that
statement, it said 9:10--it was closer to 9 o’clock.

Mr. HUBERT. You remained in the basement area the entire time until the
actual shooting?

Mr. PHENIX. Right.

Mr. HUBERT. I guess it is correct to state you didn’t stay in one
particular spot all that time?

Mr. PHENIX. Oh, I unloaded the gear from the car in the area between
the two stop signs at the level portion there where cars normally stop.

Mr. HUBERT. Will you point to that on here?

Mr. PHENIX. Right here [indicating].

Mr. HUBERT. I am marking on Exhibit 5330 the spot where Mr. Phenix has
stated that he unloaded the gear with a number one in a circle there
and drawing a line from that, and I am writing “Spot where Phenix first
unloaded gear at about 9:10 a.m.” What was that gear?

Mr. PHENIX. The camera, the unipod, a microphone, and battery pack.

Mr. HUBERT. You unloaded it from a truck?

Mr. PHENIX. The Mobile News Unit--it is a station wagon we normally
drive.

Mr. HUBERT. Have I marked the spot correctly?

Mr. PHENIX. Right, and then from there I think I milled around a little
bit and said, “Hello,” to the newsmen I recognized from the day before
on the third floor and all the available spots were taken over here at
this corner which were really the best spots.

Mr. HUBERT. Now, when you say “over here at this corner,” I am going
to put the number 2 with a circle under it and draw a line out and
indicate that you have stated that the place that I marked number 2 was
the best spot, but already taken.

Mr. PHENIX. By most of the photographers there.

Mr. HUBERT. I am writing in the words “Phenix says this number 2 spot
was already taken by other news media”----

Mr. PHENIX. Right.

Mr. HUBERT. “When he arrived.” Is that a correct statement?

Mr. PHENIX. Yes.

Mr. HUBERT. All right, now you can go on?

Mr. PHENIX. Then, I picked a spot just inside this rail--I was standing
on the curb--I was to the right of our live camera that was set up
there.

Mr. HUBERT. Was that on the parking area side of the rail or the ramp
side of the rail?

Mr. PHENIX. The ramp side--I was standing on the curb there, leaning
against the rail, and the camera, part of the camera sticking out over
the rail.

Mr. HUBERT. Now, this chart does not show the rail itself except by a
marked line, but it does show two posts and I ask you if it isn’t fair
to state that what you are talking about is this position that I have
here?

Mr. PHENIX. Yes, that’s right, because I had a clear view down to the
swinging doors.

Mr. HUBERT. Let’s put it this way: I’m going to mark a line from
two points, one point being number three and the other point number
four--that line being the space between the two main posts.

Mr. PHENIX. Okay.

Mr. HUBERT. Looking at the mockup, there is a rail between those two
main posts, and that rail is equally divided into three parts, by two
vertical posters, is that correct?

Mr. PHENIX. Yes, sir.

Mr. HUBERT. If we call one of the vertical posters point number five
and the other one point number six, then as I understand your testimony
you were on the ramp side rather than the parking area side of the rail?

Mr. PHENIX. Correct.

Mr. HUBERT. And you were approximately at the point by the post marked
on this chart as point number six?

Mr. PHENIX. Yes.

Mr. HUBERT. I am marking point number six as “position of Phenix at the
time of shooting.”

Mr. PHENIX. Right.

Mr. HUBERT. I think you have testified that immediately to your left
there was a TV camera belonging to the same station as your own?

Mr. PHENIX. Yes, sir.

Mr. HUBERT. I’m going to mark without any attempt to do it in scale
by a square which I am marking “Square A” and drawing a line out to
indicate position of KRLD TV camera.

Mr. PHENIX. You might say live camera.

Mr. HUBERT. Live camera--and that camera was just to your left and a
bit back of you, because it was on the other side of the rail, right?

Mr. PHENIX. Yes; the camera itself was behind me, the lens stuck out.

Mr. HUBERT. Over the rail?

Mr. PHENIX. Yes.

Mr. HUBERT. There was another live camera in that area too, wasn’t
there?

Mr. PHENIX. Right--it was to the left of ours.

Mr. HUBERT. So, again without attempting to draw this to scale, I will
draw a rectangular figure, marking it “B” and state that that was the
position of the other TV camera.

Mr. PHENIX. I am not sure whose that was.

Mr. HUBERT. It was another live camera, but not a KRLD?

Mr. PHENIX. Right.

Mr. HUBERT. In other words, your testimony is that as to the live
camera which we have marked by rectangle with a “B” in the middle of
that rectangle, you know it was a live camera and it was not a KRLD
camera, but you don’t know whose camera it was?

Mr. PHENIX. Right--this might be incidental--I either laid the camera
down or had one of our production crew that was with the live camera
hold it and I swung my mike over the overhead pipes in this area--it’s
really not important, but that’s part of the milling around I was doing.

Mr. HUBERT. I gather what you wanted to do was to get your mike in a
position to catch sound if it was possible to do so?

Mr. PHENIX. Yes; right.

Mr. HUBERT. So, from your position six on this Exhibit 5330, you slung,
shall we say, or hung----

Mr. PHENIX. Hung.

Mr. HUBERT. Your wires with the live mike, the end of it, so that it
would hang down, I suppose, just as you indicated--just roughly at the
position we originally marked number 1?

Mr. PHENIX. Right.

Mr. HUBERT. Which is where you physically were?

Mr. PHENIX. Right.

Mr. HUBERT. So that now position No. 1 has two meanings--it is the
position you first came to and the position where your mike was hanging.

Mr. PHENIX. Right.

Mr. HUBERT. Can you tell us something of the number of people to your
right and in the ramp going towards Main Street?

Mr. PHENIX. It’s a little hard to say--that camera that I was using
was such that the eyepiece is on the left and I normally keep it in a
ready position on my shoulder so it blocks my vision to the right, but
there were maybe 10 or 15 people milling around there--some were news
commentators and some were radio men with tape recorders----

Mr. HUBERT. Some policemen?

Mr. PHENIX. Some policemen.

Mr. HUBERT. Would you judge there were 18 to 20 people along in there?

Mr. PHENIX. It could be.

Mr. HUBERT. By the way, how long were you in that position No. 6 prior
to the time of the shooting?

Mr. PHENIX. Probably at least an hour--I just didn’t want to leave it,
and we didn’t know at what exact time he was coming down.

Mr. HUBERT. What about the condition of the people and the numbers
thereof to your left from position No. 6?

Mr. PHENIX. Well, there were many more--as we got ready to bring Oswald
out, policemen lined this wall here and formed a line coming out of the
swinging doors, and then the newsmen were back at position two mainly.

Mr. HUBERT. Suppose we mark a line and we will call that line--let’s
say starting at No. 7 in a circle, and moving and turning towards
Commerce Street to point 8, roughly.

Mr. PHENIX. Okay.

Mr. HUBERT. Now, that curving line, which is line 7 to 8 is where
police were lined, is that correct?

Mr. PHENIX. Yes.

Mr. HUBERT. Were there police lined elsewhere?

Mr. PHENIX. I believe part of this line coming down the other side were
policemen.

Mr. HUBERT. In other words, if we mark a line now, calling it one point
of the line nine, and the other one----

Mr. PHENIX. It went straight down this way [indicating].

Mr. HUBERT. Straight into you?

Mr. PHENIX. Yes.

Mr. HUBERT. Which side of you?

Mr. PHENIX. To my right--a little bit.

Mr. HUBERT. Then, we mark a line from 9 to 10, with point 10 being
immediately to the right of point 6 where you were standing?

Mr. PHENIX. Yes.

Mr. HUBERT. Then, you say there were policemen along in that line too?

Mr. PHENIX. Yes; police and press.

Mr. HUBERT. Now, take it from there.

Mr. PHENIX. Well, from there I waited until--I believe it was a
United Press International movie photographer, Isidore, or something,
everybody called him Izzie--I don’t know his last name, came running
down from the swinging doors, I think he was the one, and said, “He’s
coming,” meaning Oswald, so we all got ready, and the camera has an
eyepiece----

Mr. HUBERT. Your camera?

Mr. PHENIX. Right; that operates through a prism that looks directly
through the lens, so I had to have my eyes stuck against the eyepiece
in order to see through it. So, from then on, all I saw was Oswald
coming down the hallway there, and I didn’t actually--I wasn’t aware of
seeing Ruby step out of the crowd--I knew something had happened and
the shot--at the shot somebody came roaring in from my left and almost
knocked me down. The unipod was braced on the curb and it slipped down
to the main level of the ramp and almost fell, and looking through the
eyepiece and over the eyepiece, too, just shooting out of habit really,
the camera was running all the time--I followed the action of the
policeman wrestling with Ruby--it just happened that they moved to my
right.

Mr. HUBERT. Your film, as a matter of fact, is that famous film that
catches Ruby moving forward and the wrestling?

Mr. PHENIX. Right; I just saw it once and we were so busy, but I think
it was the one where Ruby’s hat was in the corner of the opening frame
and he steps out.

Mr. HUBERT. You have seen it since, haven’t you?

Mr. PHENIX. Oh, yes.

Mr. HUBERT. Did you know Ruby?

Mr. PHENIX. No.

Mr. HUBERT. Had you observed him in the crowd prior to these events?

Mr. PHENIX. I can’t remember it. I heard someone say in the crowd after
they took Ruby and after Oswald left in the ambulance that it was Jack
Ruby, and the name didn’t mean a thing to me.

Mr. HUBERT. Did you hear anybody running down the ramp just before the
shooting, running down or possibly walking down?

Mr. PHENIX. No, I think if he had been running I would have heard him
because the sound just echoes in that basement.

I saw some film, and I’m sure you’ve seen it too, some of the film
that showed Ruby positioned down there, and he looks back where you
catch almost a full shot of his face before Oswald comes down, and that
anyway--it just looks like he was there for a while.

Mr. HUBERT. Did you hear Ruby say anything?

Mr. PHENIX. No; maybe in the excitement I heard him, but I don’t
remember hearing this famous quotation about “Jack, you S. O. B.”

Mr. HUBERT. You didn’t hear anybody; hear anything, including
Ruby--anything distinguishable that you now remember?

Mr. PHENIX. The only one I can remember is Bob Huffaker, who is the
mike man for our live camera, saying over and over that “He’s been
shot,” and he was calling him “Lee Harold Oswald.” I don’t know
why--and then just in general--a few words.

Mr. HUBERT. You heard him saying, “He’s been shot, he’s been shot, he’s
been shot,” a number of times?

Mr. PHENIX. Yes, and the policemen telling everybody to stand back.

Mr. HUBERT. What about the security precautions that were in existence,
and would you comment about those as far as you observed them?

Mr. PHENIX. Well, as we drove in there were several officers down
there, but nobody made any effort, you know, to talk to us as we drove
in--we were in the car that had big KRLD letters on it and Wes Wise
was known to some of them, but I wasn’t; Wes was driving the car.

Mr. HUBERT. There was a guard there that seemed to look you over?

Mr. PHENIX. Now, I don’t remember a guard on the Main Street side as we
drove in.

Mr. HUBERT. Of course, that was at 9 o’clock?

Mr. PHENIX. Right, and later, I think there was a lieutenant from the
Dallas Police Force just walking through the crowds, and I could tell
he was looking me over, and stood there about 3 or 4 feet from me a
little bit and never said anything.

Mr. HUBERT. Do you know any of the people from WBAP-TV in Fort Worth?

Mr. PHENIX. I know some of their camera men--the reporter-camera
men--is that Channel 5?

Mr. HUBERT. I don’t know. Do you know Tankersley, a Mr. Tankersley?

Mr. PHENIX. I think I know who he is.

Mr. HUBERT. Do you know Mr. Timmons?

Mr. PHENIX. No.

Mr. HUBERT. Do you know Jim Turner?

Mr. PHENIX. No.

Mr. HUBERT. Did you observe during the time you were standing at your
position No. 6, a camera being loaded through the double doors or
swinging doors at the jail corridor?

Mr. PHENIX. Yes; there was a live camera also--I don’t know whose that
was and I don’t even know where the camera wound up--the final position.

Mr. HUBERT. Did you observe how many people were pushing it along?

Mr. PHENIX. I didn’t really pay any attention to it.

Mr. HUBERT. You don’t know even now whose camera it was?

Mr. PHENIX. It was either NBC or ABC--it was a local camera man but
they were shooting for one of those two networks.

Mr. HUBERT. How long before the shooting was it that you saw this
camera being rolled out from the jail corridor?

Mr. PHENIX. Not--it wasn’t too long before the shooting--maybe 20
minutes. We were getting a little edgy from sitting there so long, so
it’s hard to estimate time, or, I was getting edgy.

Mr. HUBERT. Did you notice a police car come from the parking area up
the ramp that goes from the parking area to the level of the basement
area and turn right, pass you, and go on up the Main Street ramp?

Mr. PHENIX. You mean come out from here and go out this way?
[Indicating on markup.]

Mr. HUBERT. Yes; that’s right.

Mr. PHENIX. I can’t remember, really. I may have and I may not--I
just really can’t remember. I know there was--I believe there was a
paddy wagon that came through earlier. It seems like I remember a car,
though, driving out.

Mr. HUBERT. Mr. Phenix, have you ever been interviewed before by any
member of the Commission’s Staff?

Mr. PHENIX. No.

Mr. HUBERT. And actually, you were not interviewed by me before this
deposition began?

Mr. PHENIX. No.

Mr. HUBERT. Is it fair to state that anyone reading the two reports or
statements that you have given, identified as Exhibits 5328 and 5329,
and following your deposition today, with the chart that has been
identified as Exhibit 5330, would have the whole story, as far as you
know anything about it?

Mr. PHENIX. Yes; but I would like to say that I believe it is in
Exhibit 5329 that I said that no other newsmen were asked for their
identification.

Mr. HUBERT. All right.

Mr. PHENIX. Now, that’s just as far as I know--I didn’t actually see--I
couldn’t say that absolutely no one was asked.

Mr. HUBERT. All right--that’s all right--you are telling me that is a
possibility?

Mr. PHENIX. Right.

Mr. HUBERT. All you can say is what you observed?

Mr. PHENIX. Right.

Mr. HUBERT. And from your observation, you didn’t see anybody else
being asked?

Mr. PHENIX. Right.

Mr. HUBERT. Is there anything else you would like to say about this?

Mr. PHENIX. No; that’s all.

Mr. HUBERT. Thank you very much. We appreciate your coming up here.

Mr. PHENIX. All right.



TESTIMONY OF JIMMY TURNER

The testimony of Jimmy Turner was taken at 9:45 a.m., on March 25,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. All right, this is the deposition of Mr. James Turner.

Mr. TURNER. Jimmy Turner.

Mr. HUBERT. Jimmy Turner. Fort Worth, Tex. Mr. Turner, my name is
Leon D. Hubert, I am a member of the advisory staff of the General
Counsel of the President’s Commission on the Assassination of President
Kennedy. Under the provisions of the President’s Executive Order No.
11130, dated November 29, 1963, the Joint Resolution of Congress
No. 137 and rules of civil procedure adopted by the Commission in
conference with the Executive order and the joint resolution, I have
been authorized to take a sworn deposition from you, Mr. Turner.

I state to you that the general nature of the Commission’s inquiry
is to ascertain, evaluate and report upon the facts relating to the
assassination of President Kennedy and to the subsequent violent death
of Lee Harvey Oswald. In particular to you, Mr. Turner, the nature of
the inquiry today is to determine what perhaps you know about the death
of Oswald and any other pertinent facts you may know about the general
inquiry. Now, I think you have appeared here today as the result of the
receipt of a letter from Mr. Rankin.

Mr. TURNER. That’s right, sir.

Mr. HUBERT. When did you get that letter?

Mr. TURNER. It arrived last Monday, which was the 22d of March.

Mr. HUBERT. Now, under the rules of the Commission, you are entitled to
a 3-day notice prior to the taking of this deposition. That probably
dates from the day the letter was sent, which would be over 3 days, but
just to be certain, the rules also provide that you can waive the 3
days on this if you want to. Are you willing to testify now, or do you
want to wait until the 3 days have passed?

Mr. TURNER. Well, I might as well, now that I am here.

Mr. HUBERT. Well, you do waive the 3-day notice?

Mr. TURNER. I certainly do.

Mr. HUBERT. Then will you stand and raise your right hand and be sworn.
Do you solemnly swear to tell the truth, the whole truth, and nothing
but the truth, so help you God?

Mr. TURNER. I do.

Mr. HUBERT. Will you please state your name?

Mr. TURNER. Jimmy Turner.

Mr. HUBERT. The name “Jimmy,” is your correct name? It is not “James”?

Mr. TURNER. That’s right, sir.

Mr. HUBERT. Where do you reside?

Mr. TURNER. 3637 Norma Street in Fort Worth, Tex.

Mr. HUBERT. What is your age, please?

Mr. TURNER. I am 38, sir.

Mr. HUBERT. What is your employment?

Mr. TURNER. I am TV director at WBAP-TV at Fort Worth.

Mr. HUBERT. How long have you been so employed?

Mr. TURNER. Twelve and a half years.

Mr. HUBERT. Were you assigned to the visit of the President to Dallas,
and to the subsequent events?

Mr. TURNER. I was assigned after the assassination to NBC. I arrived
over here approximately 1:15 the day of the assassination, which was
November 22, and I remained over here until--through the following
Wednesday.

Mr. HUBERT. Now, did you have access during that period to the jail
building on Harwood, between Commerce and Main Street?

Mr. TURNER. Yes, sir.

Mr. HUBERT. Was a particular sort of pass or identification given to
you?

Mr. TURNER. No; it was not a pass given to us. No identification was
ever required. The identification I used was a press card from a
Sheraton Hotel, and I was never checked about the authenticity of it or
anything.

Mr. HUBERT. But you were asked, in any case, to show that press pass
that you have just described?

Mr. TURNER. Yes; we were. We were wearing it on our coat.

Mr. HUBERT. Would you describe that again?

Mr. TURNER. It was a press pass that the Sheraton Dallas Hotel had when
they opened the new hotel here in Dallas. It had “Press” on it, the
seal of the Sheraton Hotel and my name after it. It was very vague but
the only thing we had at the time.

Mr. HUBERT. Were you ever accosted by anyone with respect to checking
as to whether you----

Mr. TURNER. No, sir.

Mr. HUBERT. Were connected with news media?

Mr. TURNER. No, sir.

Mr. HUBERT. You felt that simply wearing this on your coat with the
word, “Press,” was sufficient to get around as you wanted to?

Mr. TURNER. Correct.

Mr. HUBERT. Did you see them checking any other people?

Mr. TURNER. To my knowledge, up until the following morning after the
shooting of Oswald, there was no checking of passes that we ran into.
Now, there was a checking after the shooting when we left the building,
but I left the building with the pass, and came back in the building
with the pass.

Mr. HUBERT. I am sure that during the 48 hours, approximately, between
the President’s death and the shooting of Oswald, that you must have
had occasion to go in and out of that building a number of times.

Mr. TURNER. I used it at Parkland Hospital. I used it at the city hall
also without being stopped, or asked what kind of pass it was.

Mr. HUBERT. Prior to November 24, did you know that man now known as
Jack Ruby?

Mr. TURNER. No; I didn’t, sir.

Mr. HUBERT. You had never seen him before?

Mr. TURNER. I had never seen him.

Mr. HUBERT. Had you ever heard of him?

Mr. TURNER. I had never heard of him.

Mr. HUBERT. Now, of course, since November 24, you have heard of Jack
Ruby. You have seen his picture, I take it?

Mr. TURNER. Yes, sir.

Mr. HUBERT. Have you ever seen him in person?

Mr. TURNER. Yes, sir; I saw him at the trial. At various times when
they took him in the courtroom, except the morning of the shooting I
saw him.

Mr. HUBERT. You saw him then, too? What I wanted to get at was whether
you ever saw the man now known as Jack Ruby, in the police building
prior to the time that you saw him immediately before the shooting?

Mr. TURNER. To my knowledge, I had never seen him until then.

Mr. HUBERT. Did you have occasion to go to the assembly on the night of
Friday, November 22, at which time Oswald was brought into the assembly
room, or lineup room, I think it is in the police building, and as
Oswald was shown, I think, by the district attorney to the various
reporters who were assembled there?

Mr. TURNER. No, sir; we didn’t arrive over until 1 a.m., Saturday
morning prior to the shooting, so we did not have access to the lineup
room that night.

Mr. HUBERT. Now, on the morning of the 24th, would you tell us what
your activities were?

Mr. TURNER. Well, we--I am not sure on the exact time we arrived. I
think it was around 7:30, from Fort Worth. We set up our cameras down
in the basement. We had one on the third floor and one camera on the
truck, on the outside exit way from the jail. The driveway on the
Commerce Street side of the jail. We set our cameras up right across
from the door in the hallway where they bring the prisoners out to
transfer them, or Oswald out, which--and that little hallway is very
narrow. Do you have a plan there?

Mr. HUBERT. Just a moment.

(Discussion off the record.)

Mr. HUBERT. I am marking a document as follows to wit: “Dallas, Tex.,
March 25, 1954. Exhibit 5080, Deposition of Jimmy Turner,” and signing
it with my name and asking Mr. Turner to sign his name below that. Now,
Mr. Turner, using the chart which we have marked now as Exhibit 5080,
would you, sir, tell us of your activities on the morning of November
24, using a sequence of numbers placed in a circle as to each stopping
point, or object that you testify about.

Mr. TURNER. All right. Now, getting back, we had first placed the
camera in “1”, where I will mark “1” on this.

Mr. HUBERT. In the circle.

Mr. TURNER. In a circle. Now, this is a camera position. Can I make it
a box? We’ll keep the camera as a box and the circles as people.

Mr. HUBERT. That’s correct, but in each case put a numeral.

Mr. TURNER. Numeral.

Mr. HUBERT. In the circle, or box, and use the numerals in sequence.

Mr. TURNER. “No. 1,” would be our camera in our original position
before Chief Curry came down and talked to us about not having it in
that position. We had----

Mr. HUBERT. What time was that?

Mr. TURNER. Oh, it was approximately 9 to 10, that’s all I can say. I
have no recollection of the time. All right, and in position No. “1,”
we had stationed our camera. Chief Curry came out in a period of 9 to
10 and said, “Boys, you can’t leave the camera there. It’s going to be
in the way when they bring him out the door. Now, I want all you boys
to get a clean shot of it, so, I will get the cars moved out across the
railing.” So, we’ll number the rail “2.”

Mr. HUBERT. Yes. Put that in the circles, too.

Mr. TURNER. All right. No. “2” position here [indicating]. “We’ll move
the cars out from that location and you can set your cameras there, and
I will assure you that you will have a clean shot of the whole thing,”
meaning that we would have a good angle on him coming out of the jail,
and everything, so, we immediately rerun our camera cables across the
driveway up above, hung them up in the air conditioning, which is
position “3,” across--can I keep this “3” all the way through?

Mr. HUBERT. Yes.

Mr. TURNER. And, sir, we ran our camera cables back along the route of
No. “3.”

Mr. HUBERT. Let me interrupt you for a moment. Prior to this move, your
camera cables came down on the Harwood Street side of the ramp leading
to the Commerce Street----

Mr. TURNER. Right.

Mr. HUBERT. Right?

Mr. TURNER. In other words--I do not recognize this line here
[indicating], this line--this ramp--oh, this is the building. Oh,
this is the building overhang. Now, I know what that is. This is the
complete building that covers it.

Mr. HUBERT. Yes.

Mr. TURNER. All right.

Mr. HUBERT. Now, when you phoned that your cameras would have to be
across the ramp, you ran into the problem of your cables?

Mr. TURNER. That’s right.

Mr. HUBERT. And, as I understanding your testimony you solved the
problem by placing your cables on the Harwood Street side of that ramp
leading to the Commerce Street up until the point “3” that you marked,
after you--after which you strung them over----

Mr. TURNER. It may have been back in here [indicating]. I don’t think
they came completely to this point.

Mr. HUBERT. In any case, you strung them over----

Mr. TURNER. Over the drive.

Mr. HUBERT. Over this drive so that automobiles passing wouldn’t pass
over the cables?

Mr. TURNER. That’s right.

Mr. HUBERT. Then you dropped them down the opposite side from where
they had been?

Mr. TURNER. No; we stayed up in the ceiling with them. That’s right.
We had to stay up in the ceiling because any cars running over the
cables--running over them knocked them out.

Mr. HUBERT. So, you strung them along the roof and so forth?

Mr. TURNER. That’s right.

Mr. HUBERT. All right, now, where did that camera ultimately come to
rest?

Mr. TURNER. From position “1” here, which is marked “1” on this. We
moved it to--from--I am now marking “4,” in a box and that is our
position that we moved it to from where we had our position at one time.

Mr. HUBERT. All right. Now, you were--that camera was left, and
remained left----

Mr. TURNER. That’s right, sir, it remained left. Slang [phonetic], the
director, took it. We had two other cameras working.

Mr. HUBERT. Where were they?

Mr. TURNER. One was up on the third floor of the city jail, around the
hallway elevator shaft, and another camera was on top of a remote truck
which was parked on Commerce Street on top the remote truck, to pick up
when they made the exit with Oswald. We were trying to think ahead.

Mr. HUBERT. You were told then that there would be an exit----

Mr. TURNER. No; they didn’t--they didn’t say where the exit would be.
We never knew that. We were just guessing at that point.

Mr. HUBERT. All right.

Mr. TURNER. We were never told that they were coming out the Commerce
Street entrance. We just assumed, since it was the entrance to the
jail, he would come out that way, so, we positioned the camera on top
of the remote truck to pick up if he did come out that way.

Mr. HUBERT. Why didn’t you make your preparation for an exit from the
Main Street ramp?

Mr. TURNER. We had only three cameras, and from all--the way that all
the cars had been coming out of the jail, they had been coming out the
Commerce Street exit. We hadn’t given any idea that they would reverse
and go out through the Main Street.

Mr. HUBERT. Is it normally that Main Street is the entrance and
Commerce is the exit?

Mr. TURNER. That’s right, so that gave us our idea that he would be
brought out that way, and we would get a shot of him leaving.

Mr. HUBERT. All right. You might do this for us now using that numeral
system. Place in boxes the other cameras, TV cameras of other radio
stations, if you know where they were.

Mr. TURNER. All right. Then “5” will become a camera for CBS.

Mr. HUBERT. What local station?

Mr. TURNER. KRLD. And they were in position, too, along this rail
with us. I think at first they were up here with us. This is very
vague. They were hanging the camera up on the other side, which is
position--well, I won’t position that one.

Mr. HUBERT. But they ultimately had to move down where you were? They
were on your right?

Mr. TURNER. They were on our right.

Mr. HUBERT. Were there any other cameras?

Mr. TURNER. There was only two live television cameras in the basement
at that time.

Mr. HUBERT. All right. Now, go ahead.

Mr. TURNER. Approximately 10 minutes--very vague on time--when the
activity had been completed on the third floor of the jail, we broke
a No. “2” camera down, which I will number “6,” entering the door. It
came down the elevator. It was completely on the tripod.

Mr. HUBERT. It came down over here? Not the jail elevator?

Mr. TURNER. Not the jail elevator, we never had access to that room,
the jail office here. It came down, and as it was entering the two
double doors I left my camera in position, which is box “4,” it came
over the rails. Let me number this up too. “6” would be our camera
coming from the third floor. I immediately left my camera position when
I saw them entering, to help get the camera down, and relieve one of
the boys which could--which he could go up and get the camera cables to
connect his camera up to make it live.

Mr. HUBERT. Now, when that camera became--when that camera began to
come through the swinging door in the jail corridor, how many men were
pushing it?

Mr. TURNER. Two men.

Mr. HUBERT. Who were they?

Mr. TURNER. Dave Timmons and John Tankersley.

Mr. HUBERT. Did you have to go over and assist them?

Mr. TURNER. After they had come from the door, I ran off my--ran off
from my position of “4,” to position “6,” after they came to the door,
and helped them to move the camera to where we are putting----

Mr. HUBERT. Before you do that----

Mr. TURNER. Okay.

Mr. HUBERT. Where were you in relation to Tankersley and Timmons?

Mr. TURNER. You mean in pushing the camera?

Mr. HUBERT. Yes.

Mr. TURNER. I came, as you look toward the camera, I came up to the
left side of it.

Mr. HUBERT. Who was in the middle? You were on one end?

Mr. TURNER. I’m not sure. I think Mr. Tankersley was.

Mr. HUBERT. And then Timmons?

Mr. TURNER. Timmons was on the other side. Usually the cameraman who is
doing the camera work has hold of the center of the camera and whoever
helps him will help on the side of the dolly.

Mr. HUBERT. So, you are the third man then on that camera?

Mr. TURNER. That’s right.

Mr. HUBERT. All right. Now, go ahead.

Mr. TURNER. All right. We moved from position No. “6” here, which I
have labeled “6”, down to where I have now labeled “7”.

Mr. HUBERT. You are making a box there?

Mr. TURNER. Box. Right. Box for “7”.

Mr. HUBERT. Did that camera ever get into operation?

Mr. TURNER. No, it never did, sir; because by the time we got it to
“7”, they had completely blocked the doors. I think someone said that
it was--they were bringing him down and that we couldn’t leave it out
there at that point or something. This is very vague.

Mr. HUBERT. But, in any case, the thing never got in operation?

Mr. TURNER. Never.

Mr. HUBERT. The second camera never got in operation?

Mr. TURNER. That’s right. The second camera hadn’t gotten into
operation. I then--when I found out they couldn’t go back I returned
to my position, which is on box “4”, and Mr. Tom Pettit of NBC was at
circle number “7”, which was our newsman from NBC. He was hollering to
me, “Tell them in New York to give it to me.”

Mr. HUBERT. That is to say that you would go live on the national?

Mr. TURNER. That’s right. We’d go live on the national network. So, I
was talking on the direct line to him. The police car left out sometime
in that excitement, going up the exit the wrong way. I mean the
entrance the wrong way.

Mr. HUBERT. Going up towards Main Street?

Mr. TURNER. That’s right, which was different from the one, because
we had always seen them come down it, and that was the first time we
noticed them going out of it.

Mr. HUBERT. Did that car have any difficulty going up?

Mr. TURNER. Come to think of it, I think he did. I remember a lot of
wheels spinning or something.

Mr. HUBERT. Were there many people there?

Mr. TURNER. There was quite a few. The reporters had come in at that
point, somewhere along in that point, and there was getting to be a
group of people.

Mr. HUBERT. Anyway, what you are saying is, that the movement of that
car attracted your attention, is that correct?

Mr. TURNER. There was some brakes squealing or tires spinning at that
time.

Mr. HUBERT. Did you follow with your eyes?

Mr. TURNER. I followed him as far as I could, now, there was some
more commotion started a little before that of them bringing a truck
in, backing an armored truck in from the exit side of it, which they
were having a difficult job of getting this truck in. Now, this all
happened--I can’t tell you the exact time, because it is all vague in
my mind.

Mr. HUBERT. Let’s go back to the police car going up the Main Street
ramp towards Main Street, did you follow it with your eyes?

Mr. TURNER. I followed it not only to about a point to where the drive
had started up, because it was impossible----

Mr. HUBERT. To the point where the ramp starts to go up?

Mr. TURNER. Uphill, the slope up, which was this column here had sort
of blocked our view from----

Mr. HUBERT. Mark the column with a number.

Mr. TURNER. That is number “9”.

Mr. HUBERT. With a circle.

Mr. TURNER. And, I was standing up at the front of point “4”, on the
left side of the camera, which was right next to the column. Jack
Beers from the Dallas Morning News, who took the picture before he
was shot--not the picture after he shot him, was immediately--I was
touching him with my left arm, and I had mentioned to Jack, I said,
“Jack, when I swing around for them to load him into the truck up
there, well, I’ll hit you on the knee, if--and would you get out of the
way?”

And Jack said, “Yes.” So--this all took place so quick from now on. And
then after I got through talking with Jack, I was--Tom was trying to
attract my attention. I happened to glance up and this was at the same
time the car drove out of the--I’m not sure. I couldn’t--that right
down where the ramp it hit--the----

Mr. HUBERT. Level part?

Mr. TURNER. Level part. I saw Mr. Ruby coming in.

Mr. HUBERT. Now, had you ever seen him before?

Mr. TURNER. No, sir; I certainly hadn’t. Let me mark “10” as the point
where I actually saw Mr. Ruby.

Mr. HUBERT. Now, in order to get it right, would you look at the mockup
first, and then place it.

Mr. TURNER. I was right here [indicating], and he was somewhere in this
locality when--it is beyond the second column.

Mr. HUBERT. Will you mark a line, and mark it “A” and “B” straight
across at the beginning on the right?

Mr. TURNER. All right.

Mr. HUBERT. Now, you have marked a line, having compared it with the
mockup, and you have marked it “A-B”.

Mr. TURNER. That is the beginning of the----

Mr. HUBERT. Of the rise?

Mr. TURNER. That’s right. I might be a little off there.

Mr. HUBERT. Now, you say you saw Jack Ruby. You had not known him to be
Jack Ruby at that time?

Mr. TURNER. No; what set him off from other men was the hat he was
wearing.

Mr. HUBERT. What sort of hat was it?

Mr. TURNER. I don’t know the technical name. Could you help me out? It
was a felt hat, had a pretty large brim on it, and it was a--round on
top, which you seldom see.

Mr. HUBERT. Snap brim?

Mr. TURNER. No; it wasn’t snap brim. It was just a wide brim, and like
you say, I didn’t go that far.

Mr. HUBERT. Do you know what color it was?

Mr. TURNER. It seemed to be grey.

Mr. HUBERT. Could you describe any other clothing?

Mr. TURNER. Yes; he was, to my knowledge he was dressed in an overcoat,
or long--it could have been a suit coat, but I didn’t notice.

Mr. HUBERT. Did you have a fair look at his face?

Mr. TURNER. At an angle that I do not recognize him now. He seemed to
be much heavier then than when I saw him in the Ruby trial.

Mr. HUBERT. Will you mark the position where you saw this man, marking
it with the next number?

Mr. TURNER. All right. Let’s see. “10.”

Mr. HUBERT. Do you think that that man that you saw at position “10”,
was Jack Ruby?

Mr. TURNER. I certainly do.

Mr. HUBERT. He was coming down the Main Street ramp at that time?

Mr. TURNER. That’s right.

Mr. HUBERT. He was moving?

Mr. TURNER. He was moving at that time but this man looks like Ruby,
but he seemed to be heavier than I see him now. I don’t know whether it
is an allusion, being in a dark place----

Mr. HUBERT. Did you see a man come out from the crowd and shoot Oswald?

Mr. TURNER. Yes, sir.

Mr. HUBERT. Was that man the same man that you have----

Mr. TURNER. It was this same man.

Mr. HUBERT. That you have marked as “10”?

Mr. TURNER. As “10”. It was the same man, and came out and shot him
from “10”.

Mr. HUBERT. So, that if it were Jack Ruby who shot Oswald, it was Jack
Ruby at place number “10”?

Mr. TURNER. That’s right. Right. Right.

Mr. HUBERT. How long before the shooting was it that you saw a man in
position number “10” there in a circle on the ramp?

Mr. TURNER. It was not more than 15 to 30 seconds. It was----

Mr. HUBERT. Did you keep your eye on the man, this man?

Mr. TURNER. No; I had just glanced up there, and I had come back--my
eye on our reporter, Tom Pettit, and also the door, which is behind Tom
Pettit, which I will mark right now as “11”, where Oswald made his exit.

Mr. HUBERT. Now, when was the next time you saw the man whom you have
previously identified as number “10” and at what position was he then?

Mr. TURNER. The next time I saw him he walked up to Position “12”,
which was almost in line with our man, Pettit, which is number “8”,
here.

Mr. HUBERT. Now, you saw him then?

Mr. TURNER. Yes, sir.

Mr. HUBERT. Was he at the front row of those people?

Mr. TURNER. Let me mark two more positions here, sir. A policeman was
over here to his right, I think, which we’ll mark, “13”, and then there
was a reporter, or a man dressed in a suit, I’ll call him the reporter
at “14”.

Mr. HUBERT. All right, and my point is, that when you next saw the man
who is now identified as Jack Ruby, and therefore I shall refer to him
as Jack Ruby from now on out, he was at a position marked as number
“12”?

Mr. TURNER. Right.

Mr. HUBERT. Was he standing still there, or moving?

Mr. TURNER. There was only a matter of 4 seconds, or 5 seconds, when
he arrived there that--until Oswald reached the point where he was
assassinated.

Mr. HUBERT. You saw Ruby arrive at the front?

Mr. TURNER. That’s right. He walked up to--see, this is all in line,
from our camera position to our--there were--they were just a little
back of the side light from our camera to our newscaster----

Mr. HUBERT. That’s number “8”?

Mr. TURNER. That’s right.

Mr. HUBERT. But you are willing to say that he was standing at the
front row of the group of people congregated there for possibly 5
seconds before he moved forward to shoot Oswald?

Mr. TURNER. That’s right, that’s right.

Mr. HUBERT. And you judge that the time that you saw him standing
still, 5 seconds before this shooting of Oswald, was approximately 15
to 20 seconds after you first saw him in that position “10”?

Mr. TURNER. I am vague about that time. Ten seconds or 20 seconds. I am
very vague. I mean, but I know he was only there a short time, because
I saw--we were on guard to try to move the newsmen out of our way, push
them out of the way in front of the camera, and you kind of thrash
around at the movement of them to keep on your shot, and that is how I
come to notice another man up there. These three men are the only ones
that I remember on that side except our man Pettit. There could have
been more. There was some CBS cameramen over in this locality, but they
had already been there, and that wasn’t in my mind at all, the ones
that were actually stationed there. It was the movement of people at
that time that made you look at it.

Mr. HUBERT. All right, let’s get a little bit more about this period
for Jack Ruby to move from the position you have marked “10”, to the
position you have marked “12”, when he was standing in the front line.
Did he have to go through any great mass of people?

Mr. TURNER. No, not to my knowledge, because I didn’t see a great
number of men up in there.

Mr. HUBERT. Did he have to push, or shoulder his way up there?

Mr. TURNER. No.

Mr. HUBERT. He could just walk up and get into that position?

Mr. TURNER. That’s right. There was some more men out there in this
area, but I can’t connect it at this point.

Mr. HUBERT. What I want to get at, from what you tell me the group was
not such that he would have to bulldoze his way through?

Mr. TURNER. No; he just flat walked up.

Mr. HUBERT. Just once, again for the record. There can be no doubt in
your mind but the man now identified as Jack Ruby is the man you saw at
position “10”?

Mr. TURNER. Correct.

Mr. HUBERT. All right; now, during our interview, immediately preceding
the commencement of this deposition you mentioned another person that
you had seen around the court building on several occasions, and I
should like now--in other words, tell what you know about this person
when you first saw him, now, at the numerous occasions on which you saw
him until the last time that you saw him?

Mr. TURNER. All right. All right. We arrived from Fort Bliss at
approximately 1 a.m. Saturday, the 23d of November, from Fort Worth,
to set up our mobile unit inside the jail for a coverage of the
assassination of the President, and when we arrived there we--there was
this man that resembled John Carradine of the movies quite a lot. He
was very thin faced, around 40 to 50, carrying a portfolio, and another
little bag with him. Looked like a shaving kit bag, or something of
that effect. He--as soon as we got there, it was chilly, and we went
inside the open doors on the Commerce Street side, and he was standing
inside, and he immediately started talking to us about various things
which we passed off as just an average person talking to you, finding
out what you were doing and everything, and he talked to us about 15
or 20 minutes. He did mention in his conversation that he had been a
school teacher prior to that, about 16 months before.

Mr. HUBERT. Now, did he have a press badge on?

Mr. TURNER. No, he had no badge on. He was wearing a light trenchcoat
or topcoat.

Mr. HUBERT. What height was he?

Mr. TURNER. He was approximately 5 feet 8 inches.

Mr. HUBERT. What would you guess his weight to be?

Mr. TURNER. Oh, only around 130 to 140 pounds. Very light in weight;
very skinny.

Mr. HUBERT. Did you ever see the clothing he had under the trenchcoat?

Mr. TURNER. No; as far as I know, I never saw him without the
trenchcoat on, the whole time.

Mr. HUBERT. All right; go ahead.

Mr. TURNER. He--We went to the cafe down the block to grab a bite to
eat at this time, waiting on the truck, and the truck arrived while we
were eating, and when we got back there he was still standing there
talking, and a Mexican gentleman had come out, had been drinking too
heavy, and made some comment about that, just a general line of talk.

Mr. HUBERT. Did he ever mention his name?

Mr. TURNER. He never mentioned his name.

Mr. HUBERT. Did you hear anyone else talk to him?

Mr. TURNER. As long as I was over there the only ones I saw talk to him
was the man, Dave Timmons, with our crew, which was up there at the
time, and Richard Bice, he was there, which was with the crew, and that
is the only ones I ever saw him talk to.

Mr. HUBERT. Did you ever see him talk to any policemen?

Mr. TURNER. Never did, sir.

Mr. HUBERT. All right.

Mr. TURNER. He continually, after they got set up, he kept coming up in
the hallway.

Mr. HUBERT. That is on the third floor?

Mr. TURNER. On the third floor, sir. This is while we were still up on
the third floor, and waiting to get shots of Oswald being transferred
from the elevator door to the questioning room, and he would
continually come up and give--say, “They are going to bring him down
in about 5 minutes.” And he usually was right, on each one of the tips
he gave us. He mingled around in the press room up on the third floor
a lot. He--I told Tom Pettit, which was the announcer up on the floor,
that Oswald was coming down, and he said, “Where are you learning the
information?”

Mr. HUBERT. You asked this of this man?

Mr. TURNER. Well, no; I didn’t ever ask him where he was learning
his information, but I told--Tom Pettit asked me where I was getting
this information, and I said, “Well, that man back over there,” and I
pointed him out and he said, “Who is he?” And I said, “I don’t know who
he is, but he is giving us some pretty good tips.” And he said, “Okay,
keep using him, then.” From that point on, we saw him various times the
whole, completely on the third.

Mr. HUBERT. How many times do you think you saw him?

Mr. TURNER. Oh, any number of times, 15 or 20. Just pass him in the
hall.

Mr. HUBERT. Did he seem to have free movement?

Mr. TURNER. That’s right. He had free movement on that floor. He had
free movement in the basement. That was the only two floors we actually
ever did see him, but he was on those floors, back to the press room,
talking to the other reporters.

Mr. HUBERT. All right, go ahead.

Mr. TURNER. And, he--and then Sunday morning we came over. I ran into
him in the restroom, and he seemed to just live there in the jail.

Mr. HUBERT. Still had that trenchcoat?

Mr. TURNER. And still carrying the little bag, same little bag.

Mr. HUBERT. Did it seem to be a camera bag?

Mr. TURNER. No; they were not camera bags. One little, thin portfolio,
and I took the assumption he was selling insurance, from just looking
at the little--something like an insuranceman might show to a customer,
but that could be entirely wrong.

Mr. HUBERT. And then he had another bag besides that?

Mr. TURNER. That’s right. Something like a traveling kit. Somewhere
about 2 inches deep. And we came again Sunday morning, and then we
went through the shooting of Oswald, he wasn’t in the basement, to my
knowledge at this point.

Mr. HUBERT. When did you see him next?

Mr. TURNER. The next time I saw him was approximately 15 minutes after
the shooting when I started to our remote truck to pick up a mike line
and a camera cable. The doors was being guarded by policemen, who
stopped me, and I told them my business; why I wanted to leave the
jail, and give them my name and he let me leave.

Mr. HUBERT. That was at the Commerce Street entrance?

Mr. TURNER. Commerce Street entrance. All right, and when I came back
in, which was approximately 3 or 4 minutes after, after we got the
stuff ready to bring the camera in to take the lineup room, which is in
the basement of the jail, well, this officer had him at the door, and
he was trying to show him identification from his billfold.

Mr. HUBERT. You don’t know who that officer was?

Mr. TURNER. No, sir; I don’t. And this man turned to me and said, “That
man there can identify me,” and I said, “Like hell I can. I don’t know
who you are or what you are.” Or similar to this effect, that I had
seen the man, but I didn’t know who he was, so, I kept on about my
business, because we were pretty rushed at that time, and approximately
15 minutes later I ran onto him in the hallway coming back out the
same door, and he said, “Thanks a million,” and I said, “Well, I don’t
know you from anyone.” I said, “That’s why I didn’t identify you.” Or
something to that effect and from that point on, I have never seen the
gentleman again.

Mr. HUBERT. Have you made any effort to ascertain who he was?

Mr. TURNER. I have reported this to the Secret Service, Mr. Carter with
the Secret Service, and I figured it wasn’t any of my business, from
that point on.

Mr. HUBERT. You have never seen him since?

Mr. TURNER. No, sir.

Mr. HUBERT. You were at the Ruby trial?

Mr. TURNER. Yes, sir.

Mr. HUBERT. You never saw that man there?

Mr. TURNER. No, sir.

Mr. HUBERT. Do you know most of the officers of the--top officers, at
least--of the Dallas Police Department?

Mr. TURNER. I know several. The chief and several of them, by face. I
do not know them personally.

Mr. HUBERT. Well, in any case, as far as you know, this man that you
have described looks like John Carradine, with the other aspects of the
description you have given, wasn’t a police officer that you knew to be
a police officer?

Mr. TURNER. That’s right, sir--as far as I know. I never saw him
talking to a police officer or any of them except the one.

Mr. HUBERT. He wasn’t at the Ruby trial?

Mr. TURNER. He was never at the Ruby trial. The one officer at the door
was the only contact I ever saw him with a police officer, and that was
when he was, to my knowledge, trying to----

Mr. HUBERT. You remember any other facial characteristics about him,
for instance, the color of his hair, or the way he wore his hair, or
did he need a haircut, or was he----

Mr. TURNER. He was a typical man. I didn’t pay much attention to the
haircut, but I’m pretty sure it was dark hair, black hair.

Mr. HUBERT. Did he have any scars, or identifiable marks?

Mr. TURNER. He did not have scars, but just wrinkles of age, like
Carradine does.

Mr. HUBERT. How old a man would he have been, do you think?

Mr. TURNER. Between 40 and 50, is my guess, but he had some wrinkles on
his face. He was thin-jawed like.

Mr. HUBERT. What color eyes?

Mr. TURNER. I don’t know. I didn’t get that far.

Mr. HUBERT. And he wore this trenchcoat all the time?

Mr. TURNER. That’s right.

Mr. HUBERT. And carried the two bags?

Mr. TURNER. That’s right, and he was walking around.

Mr. HUBERT. Did he have any sort of accent in his speech?

Mr. TURNER. No; he had a typical Texan speech. I mean like myself, I
have one, and he talked like a Texan. He didn’t have----

Mr. HUBERT. Didn’t have any foreign accent?

Mr. TURNER. And, he did mention he had been a schoolteacher.

Mr. HUBERT. Now, I want to go back for a minute to this matter of the
position of Ruby of which you have marked on Exhibit 5080, at position
“10.”

Mr. TURNER. Correct, sir.

Mr. HUBERT. On the line, “A,” “B,” now, which shows him at position
“10,” he was moving, is that correct?

Mr. TURNER. That’s right, he was slowly moving.

Mr. HUBERT. And his movement was from what direction?

Mr. TURNER. He was going forward.

Mr. HUBERT. Well, he was coming from what?

Mr. TURNER. From down the ramp.

Mr. HUBERT. Is there any possibility that his movement could have been
through the rail at this point that I am marking?

Mr. TURNER. That’s right, because it is--here is my opinion----

Mr. HUBERT. At a point----

Mr. TURNER. Let’s see. “11,” “12,” “14,” “15.”

Mr. HUBERT. Let’s say approximately “15,” by the rail?

Mr. TURNER. He could have come over the rail, because I didn’t see him
prior to that point.

Mr. HUBERT. In other words, his movements were such that you couldn’t
say whether he came down the ramp, or came through the rail?

Mr. TURNER. That’s right, sir, because I didn’t see him far enough up
the ramp to where it was enclosed.

Mr. HUBERT. And when you did see him it was beyond the point where the
rail begins?

Mr. TURNER. I think I am too far back according to this. He would
have--let’s move “A,” “B,”----

Mr. HUBERT. Well, let’s put the second position that you have mentioned
as “C,” “D.”

Mr. TURNER. According to your mockup, it is half way, approximately.

Mr. HUBERT. Just about.

Mr. TURNER. All right, I am a little----

Mr. HUBERT. Let’s mark that “C,” “D,” so that now on second thought
about it and looking at the mockup again, you want to have your
previous testimony adjusted so that where you referred to Ruby at
position “10,” on line “A,” “B,” previously, you now think it was that
he was on position “10,” at line “C,” “D”?

Mr. TURNER. Correct, sir.

Mr. HUBERT. And you do that because you place him at the point where
the ramp begins to go up?

Mr. TURNER. That’s right.

Mr. HUBERT. Now, using this scale, which appears on the mockup, I would
ask you to verify this with me.

Mr. TURNER. All right.

Mr. HUBERT. That the incline begins almost exactly 13 feet----

Mr. TURNER. Beyond the rail, I mean where the start of the rail is.

Mr. HUBERT. Thirteen feet from the start of the rail on the Main Street
ramp?

Mr. TURNER. That’s right, sir, this would be our location here where he
eventually----

Mr. HUBERT. Therefore, am I correct in saying there was approximately
13 feet of rail through which Ruby could have come prior to the time
you saw him at position number “10”?

Mr. TURNER. You are correct.

Mr. HUBERT. Now, going back to that position number “10” on the line,
“C,” “D”. You have placed position number “10” almost in the middle of
the ramp. Was he closer to one side or to the other?

Mr. TURNER. He seemed to be closer and--this is hard to say, because it
was almost a casual glance, that he was closer to the rail side than he
was to the other side.

Mr. HUBERT. You did not see him come over the rail?

Mr. TURNER. No, sir; I did not. I did not come in contact with the man
until he was in the position--he was nearly in the center of it when I
came in contact, and the man--the hat was the most obvious facial--I
mean just glancing at a man you take something that you can pick a man
out by and remember his name by it. That is the way I remember people
is something they ordinarily wear, and he had the hat on, but I thought
he was a--much larger than--by just glancing at him.

Mr. HUBERT. We’ll come back to the other point. Is there any doubt in
your mind that the man that you saw, however you would identify him
at point number “10,” was the man that you later saw step forward and
shoot Oswald?

Mr. TURNER. No, sir; and without a doubt in my mind, sir.

Mr. HUBERT. Off the record.

(Discussion off the record.)

Mr. HUBERT. Have you anything else you would like to say?

Mr. TURNER. No, I want to say that I hope I have been some help to you.

Mr. HUBERT. Now, let me ask you this: Other than myself, have you been
interviewed by any other member of the Commission staff?

Mr. TURNER. Not on the Commission staff, sir.

Mr. HUBERT. Now, there was a little preliminary interview between you
and me this morning before your deposition went onto the record.

Mr. TURNER. That’s right, sir.

Mr. HUBERT. Can you perceive any inconsistencies between our colloquy
in the interview prior to the beginning of the actual taking of this
deposition and the matters covered in the deposition?

Mr. TURNER. No, sir; none at all.

Mr. HUBERT. Now, did you tell me anything during the interview which we
have not covered in the deposition?

Mr. TURNER. You mean before?

Mr. HUBERT. Yes.

Mr. TURNER. No, we discussed everything.

Mr. HUBERT. We got it all in the deposition?

Mr. TURNER. That’s right.

Mr. HUBERT. I certainly thank you very much, sir.



TESTIMONY OF HAROLD R. FUQUA

The testimony of Harold R. Fuqua was taken at 3:55 p.m., on April 1,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is a deposition of Harold Fuqua [spelling] F-u-q-u-a.
Mr. Fuqua, my name is Leon Hubert. I am a member of the advisory
staff of the General Counsel of the President’s Commission. Under the
provisions of the Executive Order 11130, dated November 29, 1963, Joint
Resolution of Congress No. 137, and the rules of procedure adopted
by the Commission in conformance with that Executive order and joint
resolution, I have been authorized to take a sworn deposition from you.
I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relating to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald. In particular, as to you, Mr. Fuqua, the nature of
the inquiry today is to determine what facts you know about the death
of Oswald and any other pertinent facts you may know about the general
inquiry.

Now, I think, Mr. Fuqua, that you have appeared here today by--as
a result of an informal request made to the Dallas Public Works
Department for whom you work, and I wish to advise you that under the
rules of the Commission you would normally be entitled to a 3-day
written notice before the taking of this deposition, but the rules of
the Commission also provide that a witness may waive that 3-day notice
if he wishes to do so, and I ask you now if you are willing to have
your deposition taken now and therefore willing to waive the 3-day
written notice?

Mr. FUQUA. I’m ready now, sir.

Mr. HUBERT. All right. Will you stand and raise your right hand. Do you
solemnly swear to tell the truth, the whole truth, and nothing but the
truth, so help you God?

Mr. FUQUA. I do.

Mr. HUBERT. Will you state your full name?

Mr. FUQUA. Harold Rogers Fuqua.

Mr. HUBERT. And your age?

Mr. FUQUA. Thirty.

Mr. HUBERT. And where do you live, sir?

Mr. FUQUA. 4338 Penelope, Dallas.

Mr. HUBERT. What is your occupation?

Mr. FUQUA. Parking attendant, basement of city hall.

Mr. HUBERT. What?

Mr. FUQUA. Parking attendant in the basement of the city hall.

Mr. HUBERT. How long have you been so employed?

Mr. FUQUA. By the city of Dallas?

Mr. HUBERT. Yes.

Mr. FUQUA. About 6 years.

Mr. HUBERT. Now, were you on duty on the morning of November 24, 1963?

Mr. FUQUA. Yes, sir.

Mr. HUBERT. When you say you were on duty, that means you were on duty
in the parking area of the basement?

Mr. FUQUA. Right.

Mr. HUBERT. That basement is partially under the city hall, and
partially under the police building, is that correct?

Mr. FUQUA. No, sir; it is under the municipal part of it. The parking
basement, because it is right beside the jail part.

Mr. HUBERT. In other words, the parking area in the basement is really
under the municipal building?

Mr. FUQUA. That is the way I would think of it.

Mr. HUBERT. And, what--it is all connected up by the two ramps?

Mr. FUQUA. Right.

Mr. HUBERT. That go up to Main Street and Commerce Street?

Mr. FUQUA. Right.

Mr. HUBERT. Also a sort of a corridor that goes into the jail office,
isn’t that correct?

Mr. FUQUA. Yes, sir.

Mr. HUBERT. Your duties, normally, are just to assist in parking of
cars down there?

Mr. FUQUA. Right, and make sure that the right people--in other words,
we have people that come down each day to maybe want to park and go get
a prisoner out of jail or pay their water bill. We don’t permit that.

Mr. HUBERT. In other words, that parking area is used for employees of
the city and the municipal building, as well as for police automobiles?

Mr. FUQUA. Right.

Mr. HUBERT. Just not a public parking lot?

Mr. FUQUA. Right.

Mr. HUBERT. And that is your job, to keep them from parking down there?

Mr. FUQUA. Yes; and to assist, too.

Mr. HUBERT. And to assist getting cars out when people come for them?

Mr. FUQUA. Right.

Mr. HUBERT. Now, on the morning of November 24, do you recall being
put out of the basement area, I guess you might call it, along with
Alfreadia Riggs and others?

Mr. FUQUA. Yes, sir.

Mr. HUBERT. Tell us what happened.

Mr. FUQUA. You said tell you what happened?

Mr. HUBERT. Yes; tell us what happened.

Mr. FUQUA. All right, we were standing along and watching on, and then
we went back and sit down over there, you know, at the telephone down
where the elevator goes up into the municipal building.

Mr. HUBERT. That is the service elevator?

Mr. FUQUA. Right, and captain and sergeant came over and said--well,
said, “I hate to run you off your job”--said, “--but we’d rather for
nobody but news reporters and police officers be down here.” At that
time they were making a search through the basement there.

Mr. HUBERT. What time was that about?

Mr. FUQUA. About 9:30, somewhere about like that.

Mr. HUBERT. Then what happened next?

Mr. FUQUA. We all loaded on the elevator and went up to the first floor.

Mr. HUBERT. Did you go up with Mr. Pierce or did you come up a little
later?

Mr. FUQUA. Seemed to me that we all went up together, or maybe I went
up--I don’t know. I know that he made a trip down back. It might have
been that I didn’t go up with Mr. Pierce. I don’t----

Mr. HUBERT. And came up a little later?

Mr. FUQUA. Right.

Mr. HUBERT. Was it much later?

Mr. FUQUA. Not too much later, because the time the captain told me he
had rather for us to go.

Mr. HUBERT. All right, you went up to the first floor of the municipal
building then?

Mr. FUQUA. Yes.

Mr. HUBERT. And that would have been about 9:30, or a quarter of 10:00?

Mr. FUQUA. About 9:30, something like that.

Mr. HUBERT. What happened after that?

Mr. FUQUA. We all were watching the action that was going on out on
Commerce Street side and there was a lot of people standing out on the
sidewalk with a--those officers were trying to keep them on the far
side of the street, on the south side of the street rather than the
north side, and when anybody would pass along there to try to maybe
enter the building, they would ask them for some type--would appear to
me that they would ask--were asking for some type of credentials or
something.

Mr. HUBERT. How long did you stay there watching them?

Mr. FUQUA. I guess must have been stayed there--seemed like to me 30
minutes or more stayed there watching them.

Mr. HUBERT. Did you leave?

Mr. FUQUA. Yes, sir.

Mr. HUBERT. Where did you go?

Mr. FUQUA. Riggs and I left together and said, “Let’s see if we can’t
go down and watch it on television,” see, so, we went out to the
alleyway onto Main Street and walked back, came up the street and went
around there by the ramp there, and came on around and came in from the
Harwood side, and went down through the basement to the locker room to
watch it on television. There was one fellow down there, he said that
he didn’t think it would be on television, probably reruns would be on
television, so, we came back up, and just about the time we came back
up into the basement, that is--I guess that is when we heard the shot
and the scrambling. We went on, and we went into the records building,
which is right down from the jail office there.

Mr. HUBERT. When you came down in the basement, you don’t mean you came
into the ramps, or the parking area?

Mr. FUQUA. No.

Mr. HUBERT. You were there by the records room then?

Mr. FUQUA. Yes; on around right from the Harwood side.

Mr. HUBERT. How did you get out of the municipal building, sir?

Mr. FUQUA. You mean after the----

Mr. HUBERT. No; when you and Riggs left. First of all, what time was
it, about, when you left the municipal building to go out and around----

Mr. FUQUA. Seemed to me that it must have been 10 or after.

Mr. HUBERT. Do you think it was as late as 11?

Mr. FUQUA. No; I don’t think it was that late.

Mr. HUBERT. Let me put it another way. When you left Servance and
Pierce and the others, at the Commerce Street entrance and you and
Riggs decided to go and watch on television and you left for the
municipal building, how long was it before the shooting.

Mr. FUQUA. Oh, it wasn’t over 10 or 15 minutes at the most. I doubt if
it was that long, because we walked slowly along the street there and
where these two officers were on the Main Street side, and just walked
on around slowly, around the Harwood side, and looked down the ramp,
and by the time we found out it wasn’t--that it wasn’t going to be on
television and came back----

Mr. HUBERT. And that is about the time the shot was fired?

Mr. FUQUA. Right.

Mr. HUBERT. How long were you in the locker room?

Mr. FUQUA. I think, sir, we were long enough--I think Riggs bought a
can of chili and beans or something he bought.

Mr. HUBERT. And he had a chance to eat it?

Mr. FUQUA. He just walked on back up the stairs. We was laughing, we
got to wondering what he did with the can when he got back up, because
I guess just before he finished it, well, that is what happened.

Mr. HUBERT. Do you know a man by the name of Jack Ruby?

Mr. FUQUA. No.

Mr. HUBERT. You have seen pictures of him in the papers, of course?

Mr. FUQUA. Right.

Mr. HUBERT. When you were walking along Main Street there and past the
Main Street ramp, did you see him along Main Street or anywhere in the
crowd?

Mr. FUQUA. No, sir. I don’t remember him.

Mr. HUBERT. You would have passed there, you think, about 10 minutes
before the shooting?

Mr. FUQUA. Something about like that, about 10 minutes before the
shooting.

Mr. HUBERT. Now, what door did you use to get out of the municipal
building?

Mr. FUQUA. Well, see, the elevator coming--you know, the service
elevator, it has got a front and rear door, and we punched it and went
through the elevator.

Mr. HUBERT. When you punched it it opened the rear door?

Mr. FUQUA. That’s what happened, right.

Mr. HUBERT. So, it made like a little hallway with the elevator being
the hall, that is with the two doors of the elevator opened?

Mr. FUQUA. Right. You go straight through, because whenever the
elevator is on the first floor lots of people want to use the elevator,
they say, “Let me go through the back door.”

Mr. HUBERT. In other words, you got into the elevator door and the
municipal building side of the elevator was open?

Mr. FUQUA. Yes.

Mr. HUBERT. And you punched the door on the other side of the elevator
which opened that door so that you could get to the corridor leading to
the alleyway?

Mr. FUQUA. All the controls are on one side.

Mr. HUBERT. But, in any case, you remember that the back door to the
elevator, that is, to say, the elevator door on the alleyway side was
closed, and you had to punch a button to open it up?

Mr. FUQUA. Right.

Mr. HUBERT. And then how did you get out of the back door that leads to
the alleyway?

Mr. FUQUA. Riggs opened up that door.

Mr. HUBERT. Where did he get a key from? Do you remember?

Mr. FUQUA. Key--see, the key usually hangs up in the elevator there. It
is a string of keys on a stick.

Mr. HUBERT. Did he take them with him--put it this way; did he have to
use the key to open that door?

Mr. FUQUA. Yes; he would have to use a key.

Mr. HUBERT. Did he lock it back up again?

Mr. FUQUA. Yes; he locked it.

Mr. HUBERT. How do you know?

Mr. FUQUA. You see, lots of times I do work, and I believe I remember
him shaking it, you know, shake it to see if it is locked, because it
is strict to keep it closed on weekends.

Mr. HUBERT. What did you have to do to close it after you had gone
through the door and were standing in the alleyway area? How do you
lock it then?

Mr. FUQUA. I don’t know whether you exactly--whether you can fix it so
it will lock when you pull it.

Mr. HUBERT. Or do you have to turn the key?

Mr. FUQUA. Right. I don’t know.

Mr. HUBERT. But, you say you do remember him shaking the door?

Mr. FUQUA. Right.

Mr. HUBERT. After you all had passed through the door?

Mr. FUQUA. Right.

Mr. HUBERT. You didn’t try the door yourself?

Mr. FUQUA. No.

Mr. HUBERT. But, from what you were able to see, he was shaking it as a
person would do just testing to see if a door is closed?

Mr. FUQUA. Yes.

Mr. HUBERT. And it seemed now to be closed?

Mr. FUQUA. Yes.

Mr. HUBERT. Now, I am showing you a document which purports to be
a report of an interview with you by FBI Agent Jack Peden, and I’m
marking it for identification as follows: “Dallas, Tex., April 1, 1964,
Exhibit 5134, Deposition of Harold Fuqua,” and signing my name to it.
The document consists of two pages, and I’m putting my initials on the
lower right-hand corner of the second page. Now, in order that the
record may show that we are both speaking of the same document when you
testify in a moment about this document, I would like you to place your
signature near mine on the first page, and your initials near mine on
the second page, please.

Mr. FUQUA. Now, say this again, now.

Mr. HUBERT. On that first page----

Mr. FUQUA. Just put my first--my signature here?

Mr. HUBERT. Yes; just your signature. I note that you are putting your
signature above and to the right of the inscription I have put on
there, that is all right. Would you put your initials on the second
page, please.

Now have you read that document consisting of two pages and identified
as 5134?

Mr. FUQUA. I have read it outside.

Mr. HUBERT. Is that correct?

Mr. FUQUA. Yes, sir; everything that I know that is on here is correct.

Mr. HUBERT. Are you willing to state to us now that between the
statement and your deposition which you have just given that you have
said all that you know about this matter altogether?

Mr. FUQUA. Yes, sir.

Mr. HUBERT. And that if the Commission takes that statement, Exhibit
5134, and your deposition that they will have everything you know about
this whole matter?

Mr. FUQUA. Yes, sir.

Mr. HUBERT. All right, sir. Have you been interviewed by any member of
the Commission, to your knowledge, prior to this?

Mr. FUQUA. No, sir.

Mr. HUBERT. Was there an interview between you and me prior to this?

Mr. FUQUA. Were you the one that called me on the telephone?

Mr. HUBERT. No, sir. Someone called you on the telephone?

Mr. FUQUA. Yes, sir; I guess. Called me on the telephone and told me
when to be down here.

Mr. HUBERT. Yes; but that telephone call, whoever it was with, was
solely for the purpose of fixing the time of this appointment.

Mr. FUQUA. Right.

Mr. HUBERT. No discussion of any matters.

Mr. FUQUA. No, sir.

Mr. HUBERT. And you and I have not discussed the matter before your
deposition began?

Mr. FUQUA. No.

Mr. HUBERT. All right, sir, I think that is all then.

I thank you very much.



TESTIMONY OF EDWARD KELLY

The testimony of Edward Kelly was taken at 2:45 p.m., on April 1, 1964,
in the office of the U.S. attorney, 301 Post Office Building, Bryan
and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr., assistant
counsel of the President’s Commission.


Mr. HUBERT. This is a deposition of Edward Kelly.

Mr. Kelly, my name is Leon Hubert. I am a member of the advisory
staff of the general counsel of the President’s Commission. Under the
provisions of Executive Order 11130, dated November 29, 1963, a Joint
Resolution of Congress No. 137, and rules of procedure adopted by
the Commission in conformance with the Executive order and the joint
resolution, I have been authorized to take the sworn deposition from
you. I state to you now that the general nature of the Commission’s
inquiry is to ascertain, evaluate and report upon the facts relating to
the assassination of President Kennedy and the subsequent violent death
of Lee Harvey Oswald. In particular as to you, Mr. Kelly, the nature of
the inquiry today is to determine what facts you know about the death
of Oswald and any other pertinent facts you may know about the general
inquiry. Now, Mr. Kelly, you have appeared here today as a result of a
request made informally of you to come. I want to advise you that under
the rules adopted by the President’s Commission you are entitled, if
you wish, to have a 3-day written notice before this deposition can
be taken. On the other hand the Commission has also provided that if
a witness doesn’t desire to have the 3-day notice and is willing to
testify immediately and without having the notice, and is willing to
waive that notice that he may do so.

Are you willing to waive the notice and testify now?

Mr. KELLY. About what?

Mr. HUBERT. About the general inquiry and about the document that I
have just shown you?

Mr. KELLY. Oh, yes; I’d rather testify now.

Mr. HUBERT. You’d rather testify. Will you stand so that I may give you
the oath?

Will you raise your right hand? Do you solemnly swear to tell the
truth, the whole truth, and nothing but the truth, so help you God?

Mr. KELLY. I do.

Mr. HUBERT. Will you please state your name?

Mr. KELLY. Edward Kelly.

Mr. HUBERT. Your age?

Mr. KELLY. Twenty-one.

Mr. HUBERT. Your residence? Where you live?

Mr. KELLY. 1315 Sanger Avenue.

Mr. HUBERT. 1315 what?

Mr. KELLY. Sanger.

Mr. HUBERT. What is your occupation?

Mr. KELLY. Porter at city hall.

Mr. HUBERT. How long have you been occupied like that?

Mr. KELLY. May 2d, I’ll be there 1 year.

Mr. HUBERT. May 2d, of 1964, will be 1 year?

Mr. KELLY. Yes, sir.

Mr. HUBERT. Were you in the basement of the police department on
Sunday, November 24th, before Oswald was shot down there?

Mr. KELLY. Yes; I sure was.

Mr. HUBERT. I think you were in the company with Harold Fuqua and
Alfreadia Riggs and that’s all of those?

Mr. KELLY. Yes, sir.

Mr. HUBERT. I am showing you a document which purports to be a report
of an interview with you by FBI Agent Jack Peden, and I am marking it
for identification as follows: “Dallas, Tex., April 1, 1964. Exhibit
No. 5133, Deposition of Edward Kelly.”

Signing my name to it. It consists of one page only, and I ask you if
you have read that document?

Mr. KELLY. Yes, sir.

Mr. HUBERT. In order that the record may show that we are both speaking
about the same thing, I wonder if you would place your initials on that
document. Now, Mr. Kelly, you have put your initials on this document
which I have marked 5133, by putting “EK”, is that correct?

Mr. KELLY. That’s correct.

Mr. HUBERT. Is this document correct, Mr. Kelly?

Mr. KELLY. Yes.

Mr. HUBERT. You have had a chance to read it?

Mr. KELLY. Yes; I have had--I have read it twice. There is nothing
wrong about it.

Mr. HUBERT. Anything that should be added to it?

Mr. KELLY. As far as I can remember.

Mr. HUBERT. This conveys all that you know about the matter?

Mr. KELLY. Yes.

Mr. HUBERT. Have you had any interviews with any other members of the
President’s Commission?

Mr. KELLY. No, sir; besides--I mean, you know, Mr. Peden.

Mr. HUBERT. No; he is an FBI man.

Mr. KELLY. Well, that is the onliest one.

Mr. HUBERT. Where were you when Oswald was shot?

Mr. KELLY. I was up in the--on the first floor on the Commerce exit
side.

Mr. HUBERT. You were along with Mr. Pierce and----

Mr. KELLY. Yes, sir.

Mr. HUBERT. And Mr. Servance?

Mr. KELLY. Yes.

Mr. HUBERT. Did you see Alfreadia Riggs and Harold Fuqua there that
time, too?

Mr. KELLY. At the same time he was shot?

Mr. HUBERT. Yes.

Mr. KELLY. No, sir.

Mr. HUBERT. Had they been there earlier?

Mr. KELLY. Yes.

Mr. HUBERT. Where did they go, to your knowledge?

Mr. KELLY. I don’t know. Didn’t know they left.

Mr. HUBERT. But, you knew they left, but you don’t know where they
went, or how they got there, from your knowledge?

Mr. KELLY. No.

Mr. HUBERT. Thank you very much. I think that is all we need from you.

Mr. KELLY. Okay.



TESTIMONY OF LOUIS McKINZIE

The testimony of Louis McKinzie was taken at 9 a.m., on March 25, 1964,
in the office of the U.S. attorney, 301 Post Office Building, Bryan
and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr., assistant
counsel of the President’s Commission.


Mr. HUBERT. Mr. McKinzie, my name is Leon Hubert, I am a member of the
advisory staff of the general counsel of the President’s Commission
on the assassination of President Kennedy. Under the provisions of
the President’s Executive Order 11130, dated November 29, 1963, a
Joint Resolution of Congress, No. 137, and the rules of procedure
adopted by the Commission in conformance with an Executive order in
that resolution, I have been authorized to take a sworn deposition
of you, Mr. McKinzie. I state to you now that the general nature of
the Commission’s inquiry is to ascertain, evaluate, and report upon
the facts relating to the assassination of President Kennedy and the
subsequent violent death of Lee Oswald. In particular to you, Mr.
McKinzie, the nature of the inquiry today is to determine what facts
you know about the death of Oswald and any other pertinent facts
you may know about the general inquiry. Now, Mr. McKinzie, you have
appeared here today by virtue of the fact that the members of the
Secret Service contacted you to locate you and ask you to come, is that
correct?

Mr. McKINZIE. That’s correct.

Mr. HUBERT. You have not yet received the letter addressed to you
by Mr. J. Lee Rankin, that you would be asked to come here, is that
correct?

Mr. McKINZIE. That’s correct.

Mr. HUBERT. I see that the copy of the letter that I have was addressed
to 321 Harmon Street, Dallas, Tex. That is not your address. Your
address was 3321 Harmon, so, they left out one 3 there. There was also
a copy of a letter sent to the Dallas Public Works Department addressed
to you that you didn’t receive.

Mr. McKINZIE. I didn’t receive that.

Mr. HUBERT. Let me say that under the rules adopted by the Commission,
you are entitled to a 3-day written notice prior to the taking of this
deposition. As I told you, we sent out the letter with the hope that it
would be received, but apparently you have not received it. The rules,
however, provide that any witness may waive the 3-day notice if he
wishes to do so. Are you willing to waive the 3-day notice?

Mr. McKINZIE. Probably, I don’t quite understand there what you mean.

Mr. HUBERT. In other words, you could, if you want to say now, “I’ll
come in when I get the letter.”

Mr. McKINZIE. I see. I see. Well, not necessary.

Mr. HUBERT. If you want to. It is just a waiving of nothing else but
the notice.

Mr. McKINZIE. In other words, since I am here, I’d just as soon not do
that. I mean, I’d just as soon answer your questions.

Mr. HUBERT. You are waiving nothing else but the notice that the rules
of procedure adopted by the Commission say that you are entitled to.

Mr. McKINZIE. Yes.

Mr. HUBERT. If you feel that you would just as soon go ahead now and
not come back 3 days after you get the letter, then you are willing to
waive it, is that correct?

Mr. McKINZIE. That’s right.

Mr. HUBERT. Will you stand, please, and raise your right hand so that
you may be sworn? Do you solemnly swear to tell the truth, the whole
truth, and nothing but the truth, so help you God?

Mr. McKINZIE. I do.

Mr. HUBERT. Please state your name for me.

Mr. McKINZIE. Louis McKinzie.

Mr. HUBERT. What is your age?

Mr. McKINZIE. Fifty-four.

Mr. HUBERT. Where is your residence, Mr. McKinzie?

Mr. McKINZIE. 3321 Harmon.

Mr. HUBERT. That is Dallas, Tex.?

Mr. McKINZIE. Dallas, Tex.

Mr. HUBERT. What is your occupation?

Mr. McKINZIE. Porter.

Mr. HUBERT. Where?

Mr. McKINZIE. City hall, public works department.

Mr. HUBERT. You are a city employee?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. How long have you been a city hall employee, sir?

Mr. McKINZIE. Exact--this is March and--Oh, I’d say 6 years and 6
months. That would be just about it, correct.

Mr. HUBERT. What was your occupation before that?

Mr. McKINZIE. Well, I did construction work mostly.

Mr. HUBERT. Carpenter?

Mr. McKINZIE. Carpenter’s helper.

Mr. HUBERT. Carpenter’s helper?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. Have you been living in the Dallas area all your life?

Mr. McKINZIE. No, sir.

Mr. HUBERT. Where did you live before coming to Dallas?

Mr. McKINZIE. I was raised at East Texas, Palestine, Anderson County.

Mr. HUBERT. Are you married?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. Children?

Mr. McKINZIE. Five.

Mr. HUBERT. All grown.

Mr. McKINZIE. All grown.

Mr. HUBERT. What is your particular job with the Dallas Public Works
Department?

Mr. McKINZIE. General porter work. I keep the first floor on the public
works department and water department and building permit department
and general split shift. I work, oh, every day, part-time.

Mr. HUBERT. Now, when you say general porter in the water works
department, that is the first floor of the municipal building?

Mr. McKINZIE. Yes; that’s right.

Mr. HUBERT. Now, I would like you to describe how you can get into the
first floor of the municipal building. All possible ways to get in the
first floor?

Mr. McKINZIE. Well, you have got--you have got a door on Main Street
that you can come in. You have got a door on Commerce Street that you
can come in. Also, have a door on the alley coming from the Western
Union that you can come in, and if somebody lets you in, well, I mean,
you know it is open to the public through the week, but weekends it is
not. In other words, none of the doors open to the public on weekends.
Just working days only.

Mr. HUBERT. Those doors are locked on weekends, that is, Friday night?

Mr. McKINZIE. That’s right. In other words, after 6:30 in the afternoon
all doors are locked and all elevators are canceled but one, which that
is what they call the freight elevator. It runs from the basement all
the way to the fifth floor, and that is where everybody is supposed to
go in and out, through the building at night and on weekends, Saturdays
and Sundays and holidays, unless it is maintenance men, they have their
own keys.

Mr. HUBERT. Now, is there any passageway between the building known as
the jail building, or the police department building and the municipal
building?

Mr. McKINZIE. First floor, second floor and third floor.

Mr. HUBERT. And what?

Mr. McKINZIE. In other words, they have gates there that they close
after closing time and lock.

Mr. HUBERT. Sort of a gate made of----

Mr. McKINZIE. Metal.

Mr. HUBERT. Metal across metal, sort of like an accordion.

Mr. McKINZIE. That’s right.

Mr. HUBERT. And it locks?

Mr. McKINZIE. They lock that after closing time. Stay locked until
6:30, 7 the next morning.

Mr. HUBERT. And on weekends?

Mr. McKINZIE. No; on weekends it would be locked permanently.

Mr. HUBERT. From 6:30 Friday, in the afternoon until about 7 o’clock
Monday morning?

Mr. McKINZIE. Right.

Mr. HUBERT. And that is true of the gates, small gates on the second
and third floor, also?

Mr. McKINZIE. First, second and third. That is the only--there is three
of them, three floors, first, second and third.

Mr. HUBERT. Now, is it possible to get into the first floor of the
municipal building from the basement by using a--the staircase, the
fire escape, the fire escape staircase?

Mr. McKINZIE. It is kept locked. They do have a door there.

Mr. HUBERT. There is a double door.

Mr. McKINZIE. No, sir; they have just an ordinary door made like that
one there that you go up the stair steps from the basement, but it is
locked. It is--well, it is locked at nights, too.

Mr. HUBERT. It is locked. Which side?

Mr. McKINZIE. From the--it would be locked from the outside.

Mr. HUBERT. From the basement side?

Mr. McKINZIE. That’s right. You can come out it. You can come down and
come out it, but you can’t go in it from the basement without a key.

Mr. HUBERT. Now, if a person was on the first floor, could he get to
the basement by using the fire escape stairs?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. In other words, the fire escape staircase doors on the
first floor of the municipal building are not locked?

Mr. McKINZIE. No, sir.

Mr. HUBERT. So, you can get into that fire escape staircase, as it
were, and go one flight down and----

Mr. McKINZIE. That’s right.

Mr. HUBERT. And you can open the door down there, that is not locked?

Mr. McKINZIE. It is locked, but you can open it from the inside.

Mr. HUBERT. Okay, open from the staircase side, so, if you got into the
staircase, you could get into the basement, is that right?

Mr. McKINZIE. Yes, sir; that’s right.

Mr. HUBERT. Now, on the 24th, which was on a Sunday, the Sunday after
President Kennedy was killed, were you on duty that day?

Mr. McKINZIE. Yes, sir; I was.

Mr. HUBERT. What time did you come on duty?

Mr. McKINZIE. 7 o’clock, Sunday morning.

Mr. HUBERT. What time did you leave?

Mr. McKINZIE. 3 in the afternoon.

Mr. HUBERT. Now, what was your particular duty that day?

Mr. McKINZIE. I was running the freight elevator.

Mr. HUBERT. Did you operate the elevator all day?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. Did you leave it at any time?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. When?

Mr. McKINZIE. Around 10 o’clock is when I got orders to carry it to the
first floor and cut it off and not bring any passengers down to the
basement until I got further permission from the police department, and
I was off of it then, I was still on the first floor, I just wasn’t
operating it.

Mr. HUBERT. Did you leave the elevator itself?

Mr. McKINZIE. Sir?

Mr. HUBERT. Did you leave the elevator itself and walk some place else?

Mr. McKINZIE. Just down the hallway.

Mr. HUBERT. Were the doors of the elevator open then?

Mr. McKINZIE. It was open, but it was cut off. I had it automatic, and
I had it cut off with the key. Couldn’t nobody----

Mr. HUBERT. Now, that really has two doors in it, doesn’t it?

Mr. McKINZIE. Back and front.

Mr. HUBERT. That is the front one, I suppose, you designate as the one
that opens up into the municipal building?

Mr. McKINZIE. That’s right.

Mr. HUBERT. And the back one is the one that opens up into a little
hallway that leads to an alleyway?

Mr. McKINZIE. Yes, sir; that’s right.

Mr. HUBERT. Does that back door of the elevator also open on other
floors?

Mr. McKINZIE. On the second floor of the building.

Mr. HUBERT. Now, when you left the elevator what was the position of
both doors?

Mr. McKINZIE. Front was open facing the municipal building. The back
was closed.

Mr. HUBERT. It never was open at all?

Mr. McKINZIE. No, sir; never was open.

Mr. HUBERT. Do you recall whether the back of the elevator was open any
time during the morning of November 24th, until the shooting?

Mr. McKINZIE. I am sure that I wouldn’t be making no mistake if I said
it was open several times, because we had some porters down there
working that brings trash from the jail department, and I always let
them out that door, and they go out the back, and that is where they
keep all their trash and the garbage and so forth, and I imagine about
8 or 8:30, that they were open, because that is about the time they
carries the trash and stuff out.

Mr. HUBERT. So that the back----

Mr. McKINZIE. There would be one porter probably went out maybe one or
two trips.

Mr. HUBERT. How would he get out through that back door leading onto
the alleyway? Is that an open door?

Mr. McKINZIE. It is locked.

Mr. HUBERT. Who has the key?

Mr. McKINZIE. They gives them a key to go out that door to carry the
trash, and they bring the key back and carry them back down to the
basement.

Mr. HUBERT. They don’t have a key personally; the key is in the
elevator on a ring, is that right?

Mr. McKINZIE. That’s right.

Mr. HUBERT. And they have to get that key from the elevator operator?

Mr. McKINZIE. That’s right.

Mr. HUBERT. Now, did you give the key to anybody that day, do you
remember?

Mr. McKINZIE. Well, I’m sure that I give it to--I don’t know which
porter was working, just exactly. I think Alfreadia Riggs, or some of
them, but I am sure I give them the key to unlock the back door to
carry his trash out.

Mr. HUBERT. Does that back door have a latch on it so that you can push
it and it will stay open?

Mr. McKINZIE. No, sir.

Mr. HUBERT. That door requires a key all the time, either way?

Mr. McKINZIE. That’s right.

Mr. HUBERT. When they go out, how do they get back in?

Mr. McKINZIE. They got to leave it open, or either carry the key to
come back in.

Mr. HUBERT. How did they leave it open?

Mr. McKINZIE. They just walk out on the little ramp. The garbage cans
is sitting right by the building, and they just, oh, about 4 feet from
the door is about all, or 5 feet from the door is all they have to
walk. They mostly have that trash in a sack, and just throw it in the
corner and right back in the building.

Mr. HUBERT. All right; now, after you had been told not to bring the
elevator down to the basement any more, did you follow those orders?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. And you never brought the elevator down at all any more?

Mr. McKINZIE. No, sir; not until--well, I know it was 11:30, probably
12 o’clock.

Mr. HUBERT. It was after the shooting?

Mr. McKINZIE. Yes, sir; it was after the shooting.

Mr. HUBERT. And you want to say now that that elevator never came down
to the bottom floor all the time?

Mr. McKINZIE. No, sir; it didn’t.

Mr. HUBERT. All right; you also state, so that we can be clear that
after you took the elevator to the first floor the doors of the
elevator--the front doors of the elevator rather were open, but the
back door was not?

Mr. McKINZIE. That back was not.

Mr. HUBERT. And the elevator, any time you left it, was cut off so that
it couldn’t be operated?

Mr. McKINZIE. That’s right.

Mr. HUBERT. It had a key, isn’t that correct?

Mr. McKINZIE. That’s right.

Mr. HUBERT. And without turning the elevator on with the key, it
couldn’t move?

Mr. McKINZIE. Couldn’t move.

Mr. HUBERT. You had the key in your possession?

Mr. McKINZIE. That’s right.

Mr. HUBERT. So, the elevator didn’t move unless you knew about it?

Mr. McKINZIE. That’s right.

Mr. HUBERT. Did you let any porters out after you had been told not to
move the elevator?

Mr. McKINZIE. No, sir; I didn’t.

Mr. HUBERT. Out the back door?

Mr. McKINZIE. No, sir.

Mr. HUBERT. And the back door, by the way, was closed?

Mr. McKINZIE. That’s right. So, your statement is that from the time
you were told not to bring the elevator down any more there was nobody
who could have gone out of the door or come into it?

Mr. McKINZIE. That’s right.

Mr. HUBERT. Through the elevator door there or that alley door?

Mr. McKINZIE. That’s right.

Mr. HUBERT. Nobody asked you for the keys to get out?

Mr. McKINZIE. No, sir.

Mr. HUBERT. Now, do you know--what is his name, Alfreadia Riggs?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. Do you know where he lives?

Mr. McKINZIE. No, sir; I really don’t.

Mr. HUBERT. Did you see him that day?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. What was his job?

Mr. McKINZIE. He was a porter.

Mr. HUBERT. Now, do you remember allowing Alfreadia Riggs and Harold
Fuqua to go through the back door of the elevator and out of the back
door on the alley?

Mr. McKINZIE. No, sir.

Mr. HUBERT. That did not happen?

Mr. McKINZIE. No, sir.

Mr. HUBERT. It didn’t happen at any time at all?

Mr. McKINZIE. Well, now, not during the period of the time that I had
the elevator cut off.

Mr. HUBERT. Well, did it happen at anytime from the----

Mr. McKINZIE. Well----

Mr. HUBERT. From the time that you were ordered not to bring the
elevator down until after the shooting?

Mr. McKINZIE. No, sir; it didn’t happen.

Mr. HUBERT. Nobody passed through that door?

Mr. McKINZIE. One lady probably came from--I went to five and got a
telephone operator and brought her down to one. I told her I couldn’t
carry her down to the basement, and she walked down the stairway and
she couldn’t get the elevator. She walked down, and I carried her back
up to one, but outside of that, those two women that I can recall, two
women, but I don’t know the name, but a telephone operator that got
the elevator, one of them on the first floor, and one walked from the
first--fifth floor down to the first floor, the--down the stairway and
I carried her back in the elevator.

Mr. HUBERT. Up to the fifth?

Mr. McKINZIE. Up to the fifth floor. Outside of that after I got her it
was a telephone man came in just as they left--gave me those orders,
but they give me orders to carry him to the fifth floor and bring him
right back, and he was the last passenger that I carried all the way
from the basement to the fifth floor after I got orders to cut the
elevator off, to the fifth floor, he went up there and right back.

Mr. HUBERT. Did you see anybody open up either the Commerce Street
entrance or the Main Street entrance and go out?

Mr. McKINZIE. Nobody. I say, the engineerman had a key, and him and a
bunch of them stood in the Commerce side at the door.

Mr. HUBERT. He opened the door?

Mr. McKINZIE. He opened it one time, but now what I can understand--I
don’t know, I think they had three policemen at that door, and they
wouldn’t let him come out.

Mr. HUBERT. That is on the municipal building, first floor, Commerce
Street?

Mr. McKINZIE. Commerce Street.

Mr. HUBERT. And they wouldn’t let him out?

Mr. McKINZIE. No, sir; give him orders they couldn’t let him out.
Opened the first door, and walked out into the lobby, you know, got a
little lobby. This is as far as they got, that lobby there.

Mr. HUBERT. What about the Main Street entrance?

Mr. McKINZIE. Nobody went to Main Street. Nobody went to that door.

Mr. HUBERT. Who had the key to those doors?

Mr. McKINZIE. Mr. Pierce, the engineer.

Mr. HUBERT. He is the engineer?

Mr. McKINZIE. Yes.

Mr. HUBERT. Where--what is his first name, do you know?

Mr. McKINZIE. I really don’t know his first name, but he was on duty
that Saturday.

Mr. HUBERT. He is the engineer?

Mr. McKINZIE. Yes.

Mr. HUBERT. He works in the basement?

Mr. McKINZIE. Yes; subbasement.

Mr. HUBERT. Subbasement. That’s where all the engineering equipment and
air conditioning is located?

Mr. McKINZIE. Yes.

Mr. HUBERT. Is he the only one who has the keys?

Mr. McKINZIE. No, sir; I don’t know how many engineermen they have down
there, but I understand every one of them has keys. Every one.

Mr. HUBERT. Did you have a key?

Mr. McKINZIE. No, sir.

Mr. HUBERT. The keys you had were to the elevator and to the back door
facing on the alley, is that right?

Mr. McKINZIE. That’s right.

Mr. HUBERT. Do you use any kind of a sign-in and sign-out system?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. Did you do so that day when you let the porters out?

Mr. McKINZIE. The porters don’t sign.

Mr. HUBERT. Well, they----

Mr. McKINZIE. No, sir; the porters don’t sign.

Mr. HUBERT. Now, what would you say if I’d tell you that both Alfreadia
Riggs and Henry--I think it is Harold Fuqua say they did go out of the
building?

Mr. McKINZIE. Well----

Mr. HUBERT. Riggs says he went out through the back door, through the
back elevator door and through the door and he walked on down Main
Street and Fuqua says he went out the Main Street entrance.

Mr. McKINZIE. During the time that I had it cut off?

Mr. HUBERT. Yes, sir.

Mr. McKINZIE. Well, now, it was they went out of that building,
I understand, but now, they didn’t go out the elevator. What I
understand, they went through the building somewhere and went down in
the police department, because that is where they got stopped at. At
the police department, they got cut off down there.

Mr. HUBERT. They were in the municipal building?

Mr. McKINZIE. Yes; they was in the municipal building.

Mr. HUBERT. And that was after you had been told not to bring anybody
down?

Mr. McKINZIE. Yes, sir; I saw them.

Mr. HUBERT. You saw them after that?

Mr. McKINZIE. That’s right.

Mr. HUBERT. Therefore, the only way they could get down or out of that
building was in one of the methods we have talked about.

Mr. McKINZIE. Yes, sir; that’s right.

Mr. HUBERT. On out the Main Street door, going out the Commerce Street
door, going through the corridor that goes to the jail.

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. Or going down the steps?

Mr. McKINZIE. That’s right.

Mr. HUBERT. Or going to the elevator and into the alleyway?

Mr. McKINZIE. That’s right. One of the two.

Mr. HUBERT. Now, do you know how they got out?

Mr. McKINZIE. No, sir; I don’t.

Mr. HUBERT. Are you willing to state that they did not get out through
the elevator at all?

Mr. McKINZIE. I can’t figure how they could unless one of them had a
key, and I don’t think one of them had a key, because I had the key
myself and when I turned it off I took it with me.

Mr. HUBERT. Nobody asked you to take them down?

Mr. McKINZIE. No.

Mr. HUBERT. Or to open the back door?

Mr. McKINZIE. No.

Mr. HUBERT. Is it possible that the back doors of the elevator were
open when you had the elevator cut off?

Mr. McKINZIE. I don’t think so. It could have been a button might have
flew open, but I think when I cut it off, when you mash your button,
why, it don’t open until you turn your switch.

Mr. HUBERT. You didn’t leave the back door open?

Mr. McKINZIE. No; I left it closed.

Mr. HUBERT. Sir, if somebody had to open it----

Mr. McKINZIE. It would have been open when I went back to it. It
wouldn’t close.

Mr. HUBERT. It wouldn’t automatically close?

Mr. McKINZIE. No, sir.

Mr. HUBERT. No way to make it close from the outside?

Mr. McKINZIE. No, sir; when you’ve got it cut off. When it is on
automatic when you cut it off if you leave your doors open they stay
open. If you close them up they stay closed.

Mr. HUBERT. And you say they were closed?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. So, even pushing the button wouldn’t have opened the back
door?

Mr. McKINZIE. No, sir.

Mr. HUBERT. The key to the back door of the building that goes out to
the alleyway, was it left in the elevator when you left the elevator?

Mr. McKINZIE. I hang the keys on a ring and hang them up on the wall.

Mr. HUBERT. Those keys were there?

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. So if they had managed to get the elevator door open, they
could have used that key to get the back door leading onto the alley
open?

Mr. McKINZIE. Oh, yes, sir.

Mr. HUBERT. But, you didn’t see anything like that?

Mr. McKINZIE. No, sir.

Mr. HUBERT. You didn’t see them go out Main Street?

Mr. McKINZIE. No, sir. Now, which way they went out of that, I really
do not know, but I do learn--I heard them say, myself, they believed
they would go down to the police department and watch television.

Mr. HUBERT. How would they get to the police department from the main
floor of the municipal building?

Mr. McKINZIE. They would have had, at least, to went out Commerce
Street and went down and gone down into the basement, or either--or
they would have had to went through the screen door, the door between
the two swinging, so, they had to go one of two ways. The only way to
go to the police department from the municipal building into the police
department. After they got in that alley, they had to go right down in
the stairways, as I understand is where they was, they went downstairs,
they had to go out through a gate if they went downstairs, and they
stopped them over in the police department before they even got over to
the televisions. That is where they were stopped at.

Mr. HUBERT. Your thought is that they used the staircase, the fire
stairs?

Mr. McKINZIE. No, sir; I think they must have used the door between the
two buildings.

Mr. HUBERT. You mean that door that has got two metal doors like an
accordion?

Mr. McKINZIE. Yes.

Mr. HUBERT. Did they have a key to that?

Mr. McKINZIE. I don’t know whether Riggs had keys or not. He is a
truck-driver. He might have keys of his own. He works daytime and I
work nights. I don’t know too much about it. I don’t know too much
about it, but I know he drives a truck and porter work, and those head
boys, some of them has keys.

Mr. HUBERT. Did you know this man called Jack Ruby?

Mr. McKINZIE. No, sir.

Mr. HUBERT. Never met him before in your life?

Mr. McKINZIE. No, sir.

Mr. HUBERT. Of course, you have seen pictures of him?

Mr. McKINZIE. Yes, sir; that’s all.

Mr. HUBERT. Did he come in there that day?

Mr. McKINZIE. I don’t know. I didn’t see him if he did and I don’t
think he did. I really don’t.

Mr. HUBERT. Now, you are swearing that you didn’t see him come in?

Mr. McKINZIE. That’s right; that’s right.

Mr. HUBERT. Now, since all this happened you must have stopped to think
to yourself, “Well, did that man come in through where I was supposed
to be?”

Mr. McKINZIE. Oh, yes, sir. I have thought of it, but I know he didn’t.

Mr. HUBERT. That is what I want to find out. You have put your mind to
it and you have thought about it a great deal----

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. And you are prepared to tell us under oath now, Louis, that
this man did not come through, so far as you know, you didn’t see him?

Mr. McKINZIE. That’s right. That’s right. He come in there some other
way. He didn’t come through that elevator.

Mr. HUBERT. Have you anything else you want to say, Louis, that might
help the President’s Commission in finding out the truth about this
thing?

Mr. McKINZIE. Well, I don’t--other words about it, I just don’t know
anything I could say.

Mr. HUBERT. Well, we certainly don’t want you to invent anything. On
the other hand, we want you to feel free to say anything that is the
truth.

Mr. McKINZIE. Yes, sir; that’s right.

Mr. HUBERT. Because this is an important thing.

Mr. McKINZIE. Sure. I realize that.

Mr. HUBERT. Nobody blames you, or anybody. On the other hand, if we
could find out the truth it would help us to protect other people and
other Presidents in the future.

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. And you have given thought to all that, and you are saying
that what you are telling us is the truth?

Mr. McKINZIE. That’s right.

Mr. HUBERT. If you should remember sometime something that you
haven’t told us here this morning, or you haven’t told the FBI or the
investigating officers, why, I would like very much for you to contact
the President’s Commission through the U.S. attorney’s office there,
Mr. Barefoot Sanders, and tell us you have something to say to us that
hasn’t been said before.

Mr. McKINZIE. Yes, sir.

Mr. HUBERT. And we’ll get in touch with you. Now, let me ask you one
more thing. Has anybody other than the Government officials, U.S.
officials talked to you about this?

Mr. McKINZIE. No.

Mr. HUBERT. The police department didn’t talk to you about it at all?

Mr. McKINZIE. No, sir.

Mr. HUBERT. They didn’t inquire of you as to whether Ruby had come that
way?

Mr. McKINZIE. No, sir.

Mr. HUBERT. Nobody from the Dallas Police Department ever talked to you?

Mr. McKINZIE. No, sir.

Mr. HUBERT. Nobody has threatened you?

Mr. McKINZIE. No, sir.

Mr. HUBERT. They haven’t told you not to tell the truth?

Mr. McKINZIE. That’s right. Nobody said anything.

Mr. HUBERT. Nobody said anything like that to you? Didn’t even speak to
you about it?

Mr. McKINZIE. No, sir.

Mr. HUBERT. Nobody ever took a statement from you?

Mr. McKINZIE. Nobody from the police department.

Mr. HUBERT. Now, the FBI, of course.

Mr. McKINZIE. Yes, FBI; that is the only one.

Mr. HUBERT. Now, prior to my speaking to you this morning and taking
this deposition, there had been no interviews between you and me, is
that correct?

Mr. McKINZIE. That’s correct.

Mr. HUBERT. I mean, we haven’t spoken about this matter until you came
into this room and took your oath?

Mr. McKINZIE. No, sir.

Mr. HUBERT. All right, Louis. Thank you very much.

Mr. McKINZIE. Okay. I thank you.



TESTIMONY OF EDWARD E. PIERCE

The testimony of Edward E. Pierce was taken at 2 p.m., on April 1,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, assistant
counsel of the President’s Commission.


Mr. HUBERT. Mr. Pierce, my name is Leon Hubert. I am a member of the
advisory staff of the General Counsel on the President’s Commission.
Under the provisions of Executive Order 11130, dated November 29, 1963,
a joint resolution of Congress No. 137, and the rules of procedure
adopted by the President’s Commission in conformance with the Executive
order and joint resolution, I have been authorized to take a sworn
deposition from you. I state to you now that the general nature of the
Commission’s inquiry is to ascertain, evaluate and report upon facts
relating to the assassination of President Kennedy and the subsequent
and violent death of Lee Harvey Oswald.

In particular as to you, Mr. Pierce, the nature of the inquiry today
is to determine what facts you know about the death of Oswald and any
other pertinent facts you may know about the general inquiry and the
physical setup of the police department and the municipal building.

Mr. PIERCE. All right.

Mr. HUBERT. Now, Mr. Pierce, I think you have appeared here today as a
result of an informal request made for you to come here.

Mr. PIERCE. Yes.

Mr. HUBERT. Under the rules cf the Commission, you are actually
entitled to a 3-day written notice before the taking of this
deposition, but the rules also provide that you may waive that if you
wish, and I must ask you first of all, do you waive the 3-day written
notice to which you are normally entitled, and----

Mr. PIERCE. Sure.

Mr. HUBERT. You are ready to go ahead right now?

Mr. PIERCE. Sure. Didn’t even know that I have a choice. In fact, it
is quite fortunate that it came on this day. I am ready, and much
prefer, as I expected this was the time I--and to put it another way, I
don’t need the other 3 days. It is, I understand, for people who have
business appointments or other things and maybe they would, but that is
not the case.

Mr. HUBERT. Will you stand and raise your right hand. Do you solemnly
swear that the testimony you are about to give will be the truth, the
whole truth, and nothing but the truth, so help you God?

Mr. PIERCE. I do.

Mr. HUBERT. Will you tell me your full name?

Mr. PIERCE. Edward Eugene Pierce.

Mr. HUBERT. What is your age, sir?

Mr. PIERCE. 45.

Mr. HUBERT. And your residence?

Mr. PIERCE. Yes, sir.

Mr. HUBERT. What is your residence? Where do you live?

Mr. PIERCE. I thought you said, “Resident,” sir. 1726 Michigan.

Mr. HUBERT. What is your occupation, sir?

Mr. PIERCE. Building and maintenance employee at the city hall.

Mr. HUBERT. How long have you been so employed?

Mr. PIERCE. 5 years, almost exactly.

Mr. HUBERT. Now, were you on duty in the city hall and police building
on Sunday, November 24?

Mr. PIERCE. That’s right.

Mr. HUBERT. What time did you come on duty?

Mr. PIERCE. 7 o’clock.

Mr. HUBERT. What time did you leave?

Mr. PIERCE. Almost exactly 3 o’clock, 5 or 6 or 8 minutes, probably,
after 3, because after 3 o’clock I was no more on duty, as far duty,
which is 3 o’clock, and as far as my actual building, I wanted to look
around and see what was taking place, so, probably 7 or 8 minutes after
3 when I actually drove out of the basement area.

Mr. HUBERT. What were your duties, functions and responsibilities in
your position on that day while you were on duty with respect to both
buildings, to wit, the municipal building and the police building?

Mr. PIERCE. You covered a lot of ground there. To actually be one-half
percent accurate, I would nearly need the civil service breakdown of
that job responsibility, because you covered all of it. Well, for all
practical purposes, the operation of the city hall and its maintenance
is a 24-hour a day operation. Consequently, we have three shifts--and
they have to use some of the personnel, too, as building engineers,
see. If they want one of us they page the building engineer. Actually,
we aren’t the building engineers. We are merely responsible for the
building maintenance and operation of the two buildings, which are
joined together on a 24-hour a day basis.

Mr. HUBERT. So, that on November 24----

Mr. PIERCE. I reported for my----

Mr. HUBERT. You were the man in charge of maintenance and operation of
both buildings on the shifts from 7 until 3 that afternoon?

Mr. PIERCE. And I was the only one there. That responsibility
is handled by what is called our building operator because of
air-conditioning equipment that must be maintained and operated for
both buildings, and we are equipment operators, and in building
maintenance--also called--that’s a step above building maintenance six,
technically speaking.

Mr. HUBERT. Now, those two buildings actually join together----

Mr. PIERCE. Right.

Mr. HUBERT. They join, as I understand it, in several ways, and I would
like you to explain first of all how a person who is--was on the first
floor of the municipal building could get to the other building, the
police building?

Mr. PIERCE. On the first floor of the municipal building?

Mr. HUBERT. Right. How could he get through under normal circumstances?

Mr. PIERCE. To the first floor of the police and courts building?

Mr. HUBERT. Or to any part of the police building?

Mr. PIERCE. Police department. Very well, sir; simplest way would
be to take the first floor corridor of the municipal building which
goes immediately to the police and courts building. On the weekends,
however, on this particular day; that is on the normal operation any
day of the week they are connected and open, and on the weekends, or
after regular municipal building hours in every night there is an
expansion type steel gate closes that municipal building off, the
corridor.

Mr. HUBERT. Does it lock?

Mr. PIERCE. From the--it remains locked.

Mr. HUBERT. But was it locked that day?

Mr. PIERCE. It was locked.

Mr. HUBERT. Did you test it yourself?

Mr. PIERCE. Possibly I did.

Mr. HUBERT. Could anyone open it but yourself?

Mr. PIERCE. I don’t have the only key.

Mr. HUBERT. Did you see that door open?

Mr. PIERCE. To my knowledge, that door was never open the entire day.

Mr. HUBERT. And you did test it to see that it was locked?

Mr. PIERCE. It was locked.

Mr. HUBERT. Did you test it prior to the shooting?

Mr. PIERCE. Not prior to the shooting.

Mr. HUBERT. You----

Mr. PIERCE. I saw that the gate was across the corridor, as it should
be. I was on the first floor, a matter of walking about as far as from
here, a little further to the wall, and I didn’t walk up to it prior to
the shooting to see that it was locked, but it was in place and latched.

Mr. HUBERT. Could have been open?

Mr. PIERCE. It was locked. That lock--when that latch was engaged, it
was in place, latched.

Mr. HUBERT. From what you could see of it, then--although you didn’t
come up to it, but came to within a distance, which I suggest to you
now from the reference you made a moment ago was about 40 feet, 30 feet?

Mr. PIERCE. 60 foot, probably.

Mr. HUBERT. You came to within 60 feet of it, and you saw that the
latch was in?

Mr. PIERCE. In place and latched, and in that position the door is
locked.

Mr. HUBERT. It is locked and you would need a key to open it?

Mr. PIERCE. That is my sworn statement.

Mr. HUBERT. Right. And you did not open it?

Mr. PIERCE. I never saw it open at any time.

Mr. HUBERT. And you did not open it yourself?

Mr. PIERCE. No; but like I say; I checked it, but it was after we knew
that everything had happened, and all of sudden, security got to be of
such an utmost importance, or the urgency of security was such that I
pulled on it to see if it was, but when you said, “prior to,”--prior
to that time, I hadn’t, but I do know it was latched at that time. Was
actually locked when I checked it manually to see if for some peculiar
reason the latch was open.

Mr. HUBERT. What you are saying, in effect, is that while you actually
tugged on the door after the shooting and found it to be locked, that
your check of it prior to the shooting was visual, but that in your
opinion it was in a position that it was locked?

Mr. PIERCE. It is impossible for it not to have been locked.

Mr. HUBERT. It is impossible for it not to have been locked, and that
was--that check was made prior to the shooting?

Mr. PIERCE. Prior.

Mr. HUBERT. How much prior? Do you know?

Mr. PIERCE. That would be difficult to say just exactly how much prior,
but it was--to give an actual time on it, of course, when we went to
the main floor, the first floor on the elevator prior to the shooting,
in this corridor, that is a four-way corridor there. There is an
information desk sits right in the intersection of the two corridors,
and the several elevators is in the corridor that leads--that is the
reason I say it takes a little describing because it was facing that
corridor and that gate when you get off the elevator, and that was
9:30, probably 9:30.

Mr. HUBERT. All right, now, what other way is it possible to go from
the first floor of the municipal building into the police building?

Mr. PIERCE. From the first floor to the police building, the only
way from the first floor that you can get into the police and courts
building is to leave the municipal building first floor, that is the
only way you can get to it.

Mr. HUBERT. And go where?

Mr. PIERCE. And go either outside on the--only other way you can get
to it is to go outside on either Main Street or Commerce Street and go
down to the police and courts building and use one of their entrances,
or take the service elevator down to the basement, which you have the
model here, and walk across that garage area and the ramp area to the
basement. Two ways, but no other way you can get there from the first
floor.

Mr. HUBERT. About--what about the fire escape stairs?

Mr. PIERCE. No fire escape.

Mr. HUBERT. Isn’t there a fire case where----

Mr. PIERCE. The enter--staircase, you still can’t get there. It is
impossible to get there, because that staircase is always locked from
the municipal building. That stairway is inside the building proper. It
is not an outside stairway like this.

Mr. HUBERT. Yes; I understand.

Mr. PIERCE. And the entrance to it is always locked.

Mr. HUBERT. There are two staircases that open onto the main floor of
the municipal building, isn’t that correct, or three?

Mr. PIERCE. One on Commerce Street. One back in the building, and
then another one up on Main Street which goes up into a second floor,
but the second floor they are faced also with the same proposition
on weekends, which you are speaking of here. That entire building is
separated.

Mr. HUBERT. Well, now, as to both of those staircases, is it not a fact
that they do not go down into the basement at all. Only one goes down
to the basement?

Mr. PIERCE. Only one goes down to the basement?

Mr. HUBERT. And that one is a staircase just off the corridor on the
Main Street side?

Mr. PIERCE. Right. That goes down.

Mr. HUBERT. Now, they have doors that--two doors, sort of swinging
doors, are they not?

Mr. PIERCE. Not to the first floor; no, sir.

Mr. HUBERT. Can’t you at all times use those doors to get into the
staircase and go either up or down?

Mr. PIERCE. When you say “those doors,” you are referring to the single
door on each stairway, of which there are two, or still speaking of
a one single door which leads to the stairway which goes down to the
basement?

Mr. HUBERT. To the basement, the other two do not go down into the
basement. It is the single--that is what I mean, when I said you would
have to leave the first floor and go down into the basement, you could
take that stairway, so that a person getting into the main floor, can
get to the police basement by using that stairway?

Mr. PIERCE. That’s right. He can come down it and go out, but he cannot
leave the basement area and go up, because it is always locked. The
entrance to the building is locked. That door is always locked.

Mr. HUBERT. But, going the other way, that is to say, from the main
building down to the basement via that staircase, you would need no
key, and that door is open all the time?

Mr. PIERCE. Right, sir.

Mr. HUBERT. Even on weekends?

Mr. PIERCE. Right, sir. That is one of the other means?

Mr. HUBERT. Well, that leaves, I think, one other entrance to the
municipal building, and the entrance in the back on the alleyway. Now,
are you familiar with that entrance and that door?

Mr. PIERCE. Yes, sir.

Mr. HUBERT. Will you tell us about that--how that door operates?

Mr. PIERCE. It is a door--double door.

Mr. HUBERT. A double door?

Mr. PIERCE. Comes together and has a lock on it, which when locked is
locked both from the inside--you can’t get out, and the outside you
can’t get in.

Mr. HUBERT. So, when locked you need a key to go either way, is that
correct?

Mr. PIERCE. That’s right.

Mr. HUBERT. All right, now, suppose someone had a key and went out that
door, and simply let the door slam behind him, well, would that door
be, at that time, locked or unlocked?

Mr. PIERCE. It will be unlocked.

Mr. HUBERT. To lock it you must use a key to turn the lock?

Mr. PIERCE. You have to step outside the door and turn around and use
your keys to lock it back.

Mr. HUBERT. And, if you don’t do that, it is an open door?

Mr. PIERCE. It is an open door.

Mr. HUBERT. That is to say, it might be closed, but all you’d have to
do is turn the knob and go on in?

Mr. PIERCE. That’s what I mean. It is open until you take your key and
relock yourself out. No one else can get in without a key.

Mr. HUBERT. Now, do you know whether anyone did go through that door
from the first floor into the alleyway that day from your own knowledge?

Mr. PIERCE. Not from actually having seen them, but as a matter of
my knowledge, I am quite sure that that door was opened and closed
probably several times prior to the shooting because the porters work.
In their normal assigned work, now, they take out trash and paper sacks
and garbage and whatnot. Mr. Servance, the head porter, always has a
key to that door for the removal of trash.

Mr. HUBERT. What is the custom with respect to locking or not locking
the door when they routinely perform the porter duties?

Mr. PIERCE. The normal custom is to unlock the door and take their
trash out, and their receptacle for the trash is immediately on the
other side of the door, and as a matter of habit and routine, while
they are--they take a garbage can out on four-wheel dollies and leave
the door open there until they can set the cans over in there, or as
close as from here to that door from the door they have just left open,
and they set the full cans off onto the dolly and pick up the four
clean cans and set them back on the dolly and push them back into the
building, and it is only for that period of time, but they relock it
when they come back in.

Mr. HUBERT. But, normally, it is an open door while they are
performing----

Mr. PIERCE. While they are performing their duties.

Mr. HUBERT. Do you know whether the Main Street entrance to the
municipal building was locked that day?

Mr. PIERCE. It was locked; yes, sir.

Mr. HUBERT. You tested it yourself?

Mr. PIERCE. And I inadvertently did. Not purposely, for any purpose,
but I did.

Mr. HUBERT. You say that you inadvertently did?

Mr. PIERCE. And I am glad it happened that way.

Mr. HUBERT. Well, tell us about that, briefly.

Mr. PIERCE. The Main Street door is comprised of a revolving door with
two little vestibule-type doors, one each--that is, one on each side
of the revolving door and the two vestibule doors and revolving door
are all locked, and I do know that they were locked, because for this
reason. In the crowd and milling of curiosity seekers and general
public that had gone up and down Main Street, as well as Commerce, and
in an attempt to get in and see what was going on, a couple--two women
looked through the glass of the doors there. And apparently thought,
well, if they could get in here they could see in, because I believe it
was a time--no, I wouldn’t even say I believe it was a time. It might
be they had tried the ramp area, and at any rate, they came up to the
door and tried to get in the revolving door as if to come in off of
Main Street, and apparently not knowing that the building was closed
for the weekend, they thought they could come right in city hall, and I
just waved my hand at them this way [indicating] and they had seen it
was locked, and I waved my hand at them as if to say, “I’m not going to
open it for you. City hall is closed.” We have to do that quite often,
because people come down and want to pay their water bills and we have
to say, “We are closed for the weekend.” And I know it was closed
because they were trying to see if they could get in. In fact, this
was the time when even I didn’t know all this other was going to take
place, but I figured, too, curiosity.

Mr. HUBERT. What about the Commerce Street----

Mr. PIERCE. No; it was locked.

Mr. HUBERT. Was it ever open in your presence?

Mr. PIERCE. I opened it myself one time.

Mr. HUBERT. Did Servance open it one time, too?

Mr. PIERCE. He was there, but I opened it.

Mr. HUBERT. I understand that you all stood in the vestibule?

Mr. PIERCE. The other doors stay open for the convenience of people who
want to make payments of their water bill. There is a bill drop there.

Mr. HUBERT. So, you opened the door and stood in the vestibule and
sometime afterward you locked the door back again, is that correct?

Mr. PIERCE. Sometime afterward I did, but there was a whole lot which
took place in between before I locked it back.

Mr. HUBERT. What I am interested in, did anyone come in the building?

Mr. PIERCE. No one came in the building. That, I can safely swear to.
The reason I opened those two or three doors there which lock the
vestibule there from the entrance to the building that allows people at
night, or any hour of the day to come in and make payments, drop their
water bill there, and this is the reason I refer to it as a vestibule,
foyer.

Now, we are making 45 minutes, I would think or an hour’s change in
time with relation to this particular occasion when I opened up. This
happened after we had been told we couldn’t remain in the basement area.

Mr. HUBERT. Did you come up from the basement area?

Mr. PIERCE. We came up from the basement area and porters asked me why
they couldn’t stand----

Mr. HUBERT. When you came up from the basement area, who was operating
the elevator?

Mr. PIERCE. McKinzie was operating the elevator.

Mr. HUBERT. Who came up with you?

Mr. PIERCE. I and Servance and Riggs and the telephone operator named
Ruth.

Mr. HUBERT. And Kelly?

Mr. PIERCE. Who?

Mr. HUBERT. Kelly? Did Kelly----

Mr. PIERCE. I don’t know a Kelly. Maybe her last name is Kelly.

Mr. HUBERT. No; this is a man called Edward Kelly. What about Henry, or
Harold Fuqua?

Mr. PIERCE. Harold Fuqua remained in the basement momentarily. He
remained in the basement and started to stay and--he did stay--at
that time he wasn’t on the elevator when we came up. He did stay,
but later he was also required to leave though his immediate job
responsibility--he stated he was forced to leave later. At that time he
stayed----

Mr. HUBERT. At any time was the service elevator locked in such a way
that it couldn’t be operated, to your knowledge?

Mr. PIERCE. Are you asking me if there were a time when it was locked?
That, I don’t know. I don’t think it was, but it is possible that it
might have actually been locked but I don’t actually know.

Mr. HUBERT. What about the two elevators used during the week, were
they locked?

Mr. PIERCE. They were turned off.

Mr. HUBERT. They couldn’t operate at all? It is possible to lock the
service elevator so that it cannot move?

Mr. PIERCE. Well, now, that is an embarrassing question. In 5 years I
have never seen it locked, but all other elevators that I know of do
have locks on the outside, and undoubtedly it does, too, but in my mind
I am trying to----

Mr. HUBERT. Isn’t there a lock on the inside that you turn and the
elevator simply becomes immobile?

Mr. PIERCE. Oh, there’s a switch where you can turn off the operation
of it. I was thinking of a lock--oh, of course.

Mr. HUBERT. Do you use a key, to turn the elevator off so that it can’t
be used unless the key is used again to turn it on?

Mr. PIERCE. The elevator operator inside the car can.

Mr. HUBERT. Well, do you know if the elevator was locked in that way so
that it couldn’t move without switching it back on again with the key?

Mr. PIERCE. To my knowledge, I don’t know. At that point in the story
I would only say that it is my speculation that it probably was not
locked, but it might have been switched off. I think maybe this is not
the answer you are looking for.

Mr. HUBERT. Now, I have shown you a document consisting of three pages,
purporting to be a report of an interview with you by a special agent
Hardin and Wilkeson. I have seen it “Wilkinson,” spelled both ways.

Mr. PIERCE. He introduced himself to me as Wilkinson.

Mr. HUBERT. In order to identify it, I am marking it. “Dallas, Texas,
April 1, 1964. Exhibit 5132, Deposition of E. E. Pierce,” signing my
name, placing my name and that information on the first page. Putting
my initial on the right-hand bottom of the second page, and my initials
on the right-hand side of the third page at the bottom. You have, I
think, read this document now identified as Exhibit 5132, have you not,
Mr. Pierce?

Mr. PIERCE. Yes, sir.

Mr. HUBERT. I ask you if it is correct? Any changes you would like to
make, anything of that sort?

Mr. PIERCE. None of any importance. I have been through there. As I
read the article there it occurred to me that maybe a word might have
been changed or a statement as written there might leave the meaning
which in actual analysis was not exactly true. Like I explained it to
you, that they referred to us as building engineers. If a call was sent
out for the building engineer who was in charge on that day, I would go
even though I am not a building engineer, but substantially, the copy
of the statement is correct.

Mr. HUBERT. Now, so that the record may show that both of us are
talking about the same document, I would like you to place your name
near mine here on the first page and your initials on the other two
pages?

Mr. PIERCE. Full name?

Mr. HUBERT. Well, just your regular signature.

Mr. PIERCE. That position on the first floor there, the vestibule
there, that we were speaking of one door being open a while ago, we
didn’t pursue that to the conclusion, but that is where I was. That
is the point in the municipal building where I was at the time Oswald
was shot, although, at that time, even until just a few short minutes,
maybe like 5 until 5 or 8 minutes after he was shot did we know that
he had even been shot, and it was immediately after that then that
everyone left that position and I relocked the door.

Mr. HUBERT. Good enough.

Mr. PIERCE. The reason I had to unlock the door is because of human
nature, like everyone else, we wanted to see what was taking place so,
I unlocked the door and--so we could look down the side of the building
toward the ramp area, which is the one right here [indicating], and
see if anything was taking place.

Mr. HUBERT. All right, now.----

Mr. PIERCE. Because at that time when the officers out there told us
that we could not remain outside we would have to step back inside and
close the doors, that is where we were. I wanted to finish that part of
it so that you would understand about the door being unlocked, because
I was there at the time.

Mr. HUBERT. And that is all you have to say about that?

Mr. PIERCE. I think that it is pretty well covered in here.

Mr. HUBERT. Yes; I think so, too.

Mr. PIERCE. Other than the actual time the door was locked after we
left that area, but it was after he had been shot, and had it all----

Mr. HUBERT. Do you know Jack Ruby?

Mr. PIERCE. No, sir.

Mr. HUBERT. You have seen pictures of him, of course, since?

Mr. PIERCE. I have many times since.

Mr. HUBERT. Did you see him around anywhere on November 24?

Mr. PIERCE. No, sir.

Mr. HUBERT. Or any other date prior to the shooting?

Mr. PIERCE. No other date did I see him. As a matter of--I imagine at
the time, because there were so many, and I hadn’t seen any--I didn’t
even know he existed, and in the crowd of people that were there, it
is very possible that he might have been in the group that I saw as I
worked back and forth, but he could have been there, but I didn’t know.

Mr. HUBERT. But, you have no----

Mr. PIERCE. Nothing but hearsay to the effect that he was there from
time to time. It developed later that he had been in the building there
several times.

Mr. HUBERT. But, you don’t know that from your own knowledge at all.

Mr. PIERCE. I do not know it, and even at that time I wouldn’t have
known him if I would have seen him because I didn’t know he existed
much less what he looked like.

Mr. HUBERT. Well, one other area I would like to explore, there is an
area called the subbasement, is there not?

Mr. PIERCE. Yes, sir.

Mr. HUBERT. That is below the----

Mr. PIERCE. It is immediately----

Mr. HUBERT. Below the actual basement used for parking area?

Mr. PIERCE. That is this area.

Mr. HUBERT. In the city hall.

Mr. PIERCE. Right here.

Mr. HUBERT. In that subbasement you have all your actual machinery?

Mr. PIERCE. Yes, sir.

Mr. HUBERT. Is it possible to get into the subbasement from the outside
on Commerce Street?

Mr. PIERCE. On a weekend, normally; no, sir.

Mr. HUBERT. There is a door, though?

Mr. PIERCE. There is a door that connects the subbasement with the
staircase that leads to the sidewalk on Commerce Street.

Mr. HUBERT. All right.

Mr. PIERCE. Now, that door is normally locked on weekends.

Mr. HUBERT. Always locked on weekends.

Mr. PIERCE. Unless, inadvertently, someone left it open. It is supposed
to be--and it is all the time when I am on duty, it is locked. Because
I don’t want any----

Mr. HUBERT. Was it locked on November 24, all the time?

Mr. PIERCE. It was locked.

Mr. HUBERT. You were in charge of it, and you say that it was locked?

Mr. PIERCE. Yes. Now, with this reservation being that the head porter,
our--Mr. Servance, also has a key to that door, because the porters’
quarters, their locker room area and quarters, what we refer to as
quarters generally is on the outside of that door in the police and
courts building proper, and to get to it--their duties and in this
garage area here, and in the municipal building, they are required to
go in and out of that door to get their assigned jobs. He has a key,
and when I say, “to my knowledge it was locked,” the only reservation
is that at sometime he was there and present in that area, and it was
locked unless opened by him, or a porter who was working.

Mr. HUBERT. So, if a person could get into this subbasement, he could
go very easily into the basement, itself?

Mr. PIERCE. Yes.

Mr. HUBERT. No locked door between them?

Mr. PIERCE. No locked doors. It has the stairway that goes from the
subbasement, the stairway level up to----

Mr. HUBERT. What kind of a lock is there on that subbasement door that
you are talking about? Do you need a key to get in?

Mr. PIERCE. Yes.

Mr. HUBERT. When you pass through the door does it automatically lock?

Mr. PIERCE. Wait a minute. Wait a minute. That is a push button type
lock. It is true, you can let yourself out of the subbasement and go
out towards their area.

Mr. HUBERT. Porters’ area?

Mr. PIERCE. And when it closes back, it is locked. It locks, and to
come back through you have to use your key again unless you are going
to be there for some period of time, you want to be--you can push the
button you are speaking of automatically and that releases itself
automatically. If you push the button it remains unlocked for you.

Mr. HUBERT. That would be true also if a person was coming from the
outside and wanted to get into the subbasement, or you--use the key to
get in and when the doors shuts again, it is locked?

Mr. PIERCE. It is locked; yes, sir.

Mr. HUBERT. All right, I think that about covers it, Mr. Pierce. Have
you been interviewed by any member of the President’s Commission to
your knowledge, sir?

Mr. PIERCE. No, sir.

Mr. HUBERT. All right, sir.

Mr. PIERCE. As for the--any personnel going in the garage area there
at the time he was shot, I guess I am not in the position to say
positively there was no one other than news personnel or media and
police.

Mr. HUBERT. But, you don’t know that to be a fact, do you?

Mr. PIERCE. I was fixing to say that I would be willing, even though I
am under oath here, to swear to tell the truth, that there was no one
there, because those personnel we have mentioned here, Riggs and Fuqua,
at the time we were forced to leave, and came up, you know, I mentioned
he remained in the basement momentarily there until it was evident that
he also would have to leave. Then he and Harold went to the--because of
the availability there of a television set, went to the police locker
room lounge.

Mr. HUBERT. Well, now, do you know that of your own knowledge?

Mr. PIERCE. I do know that.

Mr. HUBERT. Or have you been told?

Mr. PIERCE. Well, as a matter of security I mentioned it, because after
they got to that position then they couldn’t even come back and were
required to stay there.

Mr. HUBERT. But, you know that only because other people told you that?

Mr. PIERCE. That is where they were required to stay. That is where
they spent the remainder of their time, because they could not come
back and rejoin us.

Mr. HUBERT. Do you know how they left that building to get to the
police recreation room?

Mr. PIERCE. From the elevator area here--let’s see; no, I don’t know
if they walked directly across to a stairway there, another stairway
that goes to the police locker lounge other than the stairway we are
speaking of, comes from Commerce Street down to the subbasement itself,
and in the building. A stairway which policemen use all the time to go
down to the lockers.

Mr. HUBERT. You mean from the municipal building?

Mr. PIERCE. No; from the garage area.

Mr. HUBERT. From the garage area, right.

Mr. PIERCE. But, from the municipal building that is not so. From being
required to stay there and unable to even leave there, even now, like I
said, I can’t possibly state there was no one else there, but I do know
they weren’t in this area, because they were supposed to be--stay where
they were and----

Mr. HUBERT. Do you know how they got out of the municipal building
that they were in with you to get to the police room, from your own
knowledge? Not what somebody else told you, but from your own knowledge?

Mr. PIERCE. From my own knowledge; no, sir. I don’t know. Now, there
was a small interval of time elapsed when we first left the basement
area here on the elevator and came up to the first floor. McKinzie
was the operator of the elevator, which has a buzzer system on it for
calling, and as such, is required to answer calls to whatever floor
the personnel is calling for elevator service there, because that
is the only elevator in operation, and he did answer a call or two
probably from the phone operators up on five, like I say, when we left
the basement area and went up to one, he was there, too, and in that
small interval of time, I would say about 10 minutes, he came back
and reparked the elevator there on one and said that--told me that a
policeman had told him not to answer any more calls on that elevator.
To even remove the elevator completely from the basement area, and
don’t answer any more calls until notified later. And that--and that
elevator stayed there then at that point there is one of the things
that entered my mind a while ago when you were speaking of--about the
elevator being shut off, and the operator can turn a switch and turn
it out of service, and he brought up the elevator and told me, and
Servance was there, at the time, and Servance is his immediate boss,
and told Servance that he had been instructed not to answer any more
calls on that elevator.

Mr. HUBERT. Now, I asked you whether or not you know how Riggs and
Fuqua got out of the building? What way they used to get out of the
building?

Mr. PIERCE. Now, they left us where we were there in that small
interval of time and it is possible that they went back down and walked
across to the stairway that goes to the police locker room, is--that is
the only way they could get to it, if they took that route, actually,
the question was, “Do I know how?”, and I’m not certain, because I did
not follow them or go with them.

The easiest way, across the other stairway and went down to the police
locker room or that stairway from Commerce Street down to the porters’
quarters, and the subbasement where our equipment is, from that
stairway there is a door that is locked there, also. They would have
to have a key. If they got in the police locker room there is a fire
escape from the locker room out to the outside in case they ever have
to leave, but you cannot go into it without a key.

If they used that route, they had to use a key, which I don’t know if
anybody has a key or not.

It is the only two ways they could have gotten there, and at that
time when they were immediately clearing out of this area, it is very
possible the policemen, knowing that they were building maintenance
employees, and been seeing them for years, especially John the head
porter, why, and Harold Fuqua in charge of parking of cars in this
basement area, might have said it was all right for them to take these
stairs down to the locker room as they were going to have to leave this
area anyway. They could either have gone to the--they could either have
gone from the municipal building down the stairs or permitted them to
go back into the police and courts building.

Mr. HUBERT. Well, now, they have gotten out of the municipal building
by going through the service elevator, through the alleyway door and
out through the alley to Main Street, couldn’t they?

Mr. PIERCE. They could have, but they couldn’t have gotten--they would
have to come back into this basement area down this ramp in order to
get into where the stairway is to go down to the police locker room.

Mr. HUBERT. Well, they could have gone down the police department
building entrance on Harwood, down into this basement.

Mr. PIERCE. They would have had to----

Mr. HUBERT. Walked around the block, so to speak?

Mr. PIERCE. And come down the elevator and walked from there down to
the locker room where they did stay.

Mr. HUBERT. All right. Okay. Thank you very much, sir. I appreciate it.
I think that’s it. Do we have everything that you know?

Mr. PIERCE. If it be of help. I am privileged to be of help. If I have,
I’m glad.

Mr. HUBERT. Good----

Mr. PIERCE. In fact, I trust that I have. At least, we
ascertained--like I told her. I might have written it myself, but,
actually, it was written from statements that I made, so that is----

Mr. HUBERT. You are talking about Exhibit 5132?

Mr. PIERCE. The statement that I read there; yes, sir.

Mr. HUBERT. Thank you very much, sir.

Mr. PIERCE. Yes, sir.

Mr. HUBERT. All right, you can go out this way.



TESTIMONY OF ALFREADIA RIGGS

The testimony of Alfreadia Riggs was taken at 10:30 a.m., on April 1,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Alfreadia Riggs. Mr. Riggs, my
name is Leon Hubert. I am a member of the advisory staff of the General
Counsel of the President’s Commission. Under the provisions of the
Executive Order 11130, dated November 29, 1963, the joint resolution of
Congress No. 137, the rules of procedure adopted by the Commission in
conformance with the Executive order and the joint resolution, I have
been authorized to take a sworn deposition from you. I state to you now
that the general nature of the Commission’s inquiry is to ascertain,
evaluate and report upon the facts relating to the assassination of
President Kennedy and the subsequent violent death of Lee Harvey Oswald.

In particular, to you, Mr. Riggs, the nature of the inquiry today is
to determine the facts that you know about the death of Oswald and any
other pertinent facts you may know about the general inquiry. Now, Mr.
Riggs, you have been--appeared here by virtue of a request made that
you do appear.

Under the rules adopted then by the Commission you are entitled to a
3-day written notice prior to the taking of your deposition, but the
rules also provide that a witness may waive the 3-day notice if he
wishes to do so. Do you wish to waive the 3-day notice and testify now?

Mr. RIGGS. I will testify now.

Mr. HUBERT. All right. Will you stand and raise your right hand so that
you may be sworn? Do you solemnly swear that the testimony you are
about to give will be the truth, the whole truth, and nothing but the
truth, so help you God?

Mr. RIGGS. Yes.

Mr. HUBERT. State your name.

Mr. RIGGS. Alfreadia Riggs.

Mr. HUBERT. Your age?

Mr. RIGGS. 35.

Mr. HUBERT. Your residence?

Mr. RIGGS. Right now I live at 49--I mean 5942 Highland Hill Drive.

Mr. HUBERT. Highland Hill?

Mr. RIGGS. Highland Village--Village Drive.

Mr. HUBERT. Highland Village Drive. Is that in Dallas?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. What is your occupation, Mr. Riggs?

Mr. RIGGS. I’m a porter.

Mr. HUBERT. For the city of Dallas?

Mr. RIGGS. Yes.

Mr. HUBERT. At city hall?

Mr. RIGGS. At city hall.

Mr. HUBERT. How long have you been so employed?

Mr. RIGGS. Oh, approximately 7 years.

Mr. HUBERT. What was your occupation before that?

Mr. RIGGS. Well, I was--drove a truck.

Mr. HUBERT. For the city?

Mr. RIGGS. No, sir; for the Sunshine Laundry.

Mr. HUBERT. How long have you been employed as a porter at the
municipal building in Dallas?

Mr. RIGGS. That is approximately 7 years.

Mr. HUBERT. Seven years. In other words, all the time you have been
working there----

Mr. RIGGS. That is only----

Mr. HUBERT. For Dallas Public Works Department you have worked in that
building?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. What are your hours?

Mr. RIGGS. Generally from 6 until 2:45.

Mr. HUBERT. Six in the morning?

Mr. RIGGS. Yes.

Mr. HUBERT. Is that every day.

Mr. RIGGS. Yes; every day except Saturday and Sunday. Actually,
sometimes I work weekends. We do a little extra work on Saturday and
Sunday.

Mr. HUBERT. Do you get paid extra for that?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Who determines when you do extra work?

Mr. RIGGS. Well, the head porter and our supervising engineer, Mr.
Homer Garland usually picks out certain things for us to do, and the
head porter will tell us.

Mr. HUBERT. Who is the head porter?

Mr. RIGGS. Charles Gill.

Mr. HUBERT. G-i-l-l?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Now, I understand that you were working and on duty on
November 24, the date that Oswald was shot.

Mr. RIGGS. That’s right, sir.

Mr. HUBERT. Why were you working that day?

Mr. RIGGS. Well, I was doing work inside the new city hall. Well, in
the old building. We was cleaning the floors, because we had quite a
few photographers in around, and they wanted us to keep the stuff off
the floor.

Mr. HUBERT. By the old building you mean the building now occupied by
the Dallas Police Department?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. The new building that you refer to is the municipal
building?

Mr. RIGGS. Municipal building, yes, sir.

Mr. HUBERT. What time did you report for work?

Mr. RIGGS. I would say 7 o’clock, 7 o’clock that morning.

Mr. HUBERT. Who ordered you to go to work?

Mr. RIGGS. Well, Gill.

Mr. HUBERT. Had you worked the day before, too?

Mr. RIGGS. This was on----

Mr. HUBERT. Sunday.

Mr. RIGGS. Sunday, no, sir.

Mr. HUBERT. Had you worked on Saturday?

Mr. RIGGS. No, sir; I don’t believe I worked that Saturday.

Mr. HUBERT. Had you worked on Friday night until Saturday morning?

Mr. RIGGS. Yes, sir; I was absent, actually, I worked, you know--it is
my regular work through--weekly day from 6 until 2:45, and like I say,
if you work weekends, usually work from 7 until 3. Actually, from 6
and--until 3. Usually come in a little earlier at various times, but
this day I believe I came in at 7.

Mr. HUBERT. What I mean is that on Saturday, the day before this day,
did you work your regular hours or----

Mr. RIGGS. I’m trying to think, because we had quite a bit of work that
weekend, because actually, we had quite a few people over in the other
building. They sent different ones. Only time I remember is--that day
I don’t know whether I worked that night before then, because I had
worked quite a bit on that weekend, too.

Mr. HUBERT. Now, for the purposes of identification, I’m going to mark
a document which purports to be a photostatic copy of a sign-in sheet.

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Of porters and maids at the city hall on November 24, 1963,
as follows: “Dallas, Texas, April 1, 1964. Exhibit No. 5128, deposition
of Alfreadia Riggs.” I am signing my name, and then another document
also purporting to be sign-in sheet for the city hall porters and
maids, dated November 23, 1963, and I am marking that at the bottom,
“Dallas, Texas, April 1, 1964. Exhibit 5128-A, Deposition of Alfreadia
Riggs.” I am signing my name on it. Now, I will ask you to look at this
document that has been marked Exhibit 5128, and see if your name is on
it in print, and if your handwriting is on that document?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Is that your--next to your printed name is that your
signature?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. And the two columns that appear, “Sign in 7 a.m.,” “Sign
out 5:30 p.m.”--no, 3 p.m., is that your handwriting, too?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Both of those?

Mr. RIGGS. Yes.

Mr. HUBERT. Now, look at the document marked 5128-A. Next to your
printed name I see A.R., those are your initials?

Mr. RIGGS. That’s right.

Mr. HUBERT. Now, there is a sign-in 11 p.m., and a sign-out at 7 a.m.,
does that mean you went on duty at 11 o’clock on that Saturday night,
and got off at 7 o’clock in the morning, Sunday, or does it mean you
signed in at 11 o’clock on Friday night and got off at 7 o’clock on
Saturday morning?

Mr. RIGGS. This, I believe I worked that night.

Mr. HUBERT. Which night?

Mr. RIGGS. When it says--Saturday, 23.

Mr. HUBERT. Until Sunday morning?

Mr. RIGGS. Until Sunday morning. That is when I was signing out, and I
worked right on through that Sunday.

Mr. HUBERT. In other words, you didn’t go home at all?

Mr. RIGGS. No, sir; not until 3 p.m.

Mr. HUBERT. So, what it amounts to is that you started at 11 o’clock
Saturday night and carried clean on through until that Sunday, but you
signed in and signed out twice?

Mr. RIGGS. We usually have to do that on two different sheets.

Mr. HUBERT. Now, you were assigned particularly to what location?

Mr. RIGGS. Well, just 11--from 11 to 7, it was on the elevators.

Mr. HUBERT. Yes.

Mr. RIGGS. From 11 o’clock that night until 7 o’clock the next morning
I was on the elevators, and then on this other deal, from 7 until 3 was
cleaning up the Police and Courts Building.

Mr. HUBERT. Now, when you got off the elevator at 7 o’clock, who
relieved you?

Mr. RIGGS. McKinzie, I believe.

Mr. HUBERT. Louis McKinzie?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. When did you finish cleaning up the police building?

Mr. RIGGS. Well, we never did finish cleaning it up, because after the
incident came about----

Mr. HUBERT. After Oswald was shot, you mean?

Mr. RIGGS. There was so much disturbance in the halls, actually, I was
never able to get back over there in the building to clean it up.

Mr. HUBERT. Were you in the municipal building at any time during the
24th?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. I am not talking about the police building, I am talking
about the municipal building?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Did you do any work in the municipal building?

Mr. RIGGS. No, sir.

Mr. HUBERT. How did you get from the municipal building to--no, from
the police building where you were working to the municipal building?

Mr. RIGGS. Well, I came down through the basement. It wasn’t--trying to
think all who were down in the basement. We was all standing around.
It was Harold, Gill, Kelly, and if I’m not mistaken, I think Pierce
all standing around in the basement, and the police was searching the
rafters and checking the cars for guns and things, and finally whenever
sergeant--actually I don’t know exactly his name--gave orders for them
to clear out everybody in the basement down there, so, we got on the
elevator and went to the first floor in order to look out the door.
We--to see when they got him out to the ramp.

Mr. HUBERT. Yes.

Mr. RIGGS. I think Servance had opened up the front door in the
municipal building, and we was standing between--which it has two
doors, one stays locked all the time, and one stays open because they
have a meter where people put their water deposits in a little box. He
had opened the doors on the inside, and we was standing between the two
doors.

Mr. HUBERT. Which doors are you talking about?

Mr. RIGGS. On Commerce Street side.

Mr. HUBERT. Who opened that door?

Mr. RIGGS. Servance.

Mr. HUBERT. Servance. Now, what other entrances are there to the first
floor of the municipal building?

Mr. RIGGS. How many entrances?

Mr. HUBERT. Yes; how can you get into it?

Mr. RIGGS. Well, we have one that leaves from the first floor to the
Police and Courts Building, which it stays shut over the weekend, or on
the weekend.

Mr. HUBERT. Sort of a metal gate?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Swinging gate like an accordion. It swings out and blocks
the corridor that runs between the two buildings?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Was that open or closed?

Mr. RIGGS. Closed.

Mr. HUBERT. You say that----

Mr. RIGGS. Kept closed.

Mr. HUBERT. Who keeps it closed?

Mr. RIGGS. Well, usually the porter that works at night closes it up.

Mr. HUBERT. Did you check it to see that it was closed?

Mr. RIGGS. No, sir; I looked and it seemed to be closed actually.

Mr. HUBERT. That is to say that this gate, like a metal gate that runs
from the floor to the ceiling, was pulled to, but you don’t know if it
was locked?

Mr. RIGGS. No.

Mr. HUBERT. Is it possible to lock that door?

Mr. RIGGS. It is possible.

Mr. HUBERT. Is it possible to lock that corridor?

Mr. RIGGS. Yes, sir; yes, sir.

Mr. HUBERT. So you have that door, you have an entrance from Commerce
Street, and there is an entrance on Main Street?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. What was the condition of that door on Sunday?

Mr. RIGGS. Well, it was--well, I presume it was closed, too.

Mr. HUBERT. Is it usually?

Mr. RIGGS. Yes, sir; during the weekend the old building is closed.
Like I say, I couldn’t verify to say that it was closed or it was
open, because actually, I did not check it, but----

Mr. HUBERT. You knew normally that it is closed?

Mr. RIGGS. It is closed, yes, sir.

Mr. HUBERT. And it locks so that you can’t get in?

Mr. RIGGS. No, sir.

Mr. HUBERT. Now, what about the entrance to the building, that entrance
and exit to the building, that leads to the alleyway?

Mr. RIGGS. The heavy back door back there?

Mr. HUBERT. There is a back door back there, isn’t there?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Now, does that door remain open, or closed, or what?

Mr. RIGGS. Well, it remains closed, too.

Mr. HUBERT. Closed all the time?

Mr. RIGGS. All the time. We usually keep a key on the elevator that
will open the back door.

Mr. HUBERT. The door that goes to the alley?

Mr. RIGGS. Yes, sir; that goes into this alley, but it will not open
either the front door or the Harwood side or Main side.

Mr. HUBERT. That key is kept on a ring in the elevator?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Now, to go from the main floor of the municipal building,
that is, from the first floor to that alleyway, you have to go through
the service elevator, don’t you?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. And the service elevator has two doors?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. One that opens up on the Main Street corridor of the
municipal building, and the other one that opens up on a corridor and
leads to the back door that leads to the alleyway?

Mr. RIGGS. To the alleyway.

Mr. HUBERT. And the key to that back door is in the elevator?

Mr. RIGGS. On the elevator, yes, sir. Now, there is another way, too,
on the first floor that you can go down the stairway and go to the
basement from the first floor.

Mr. HUBERT. Is that the fire escape?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. And that is never closed?

Mr. RIGGS. No, sir.

Mr. HUBERT. So that if anybody is on the first floor they can get into
the basement by using the fire escape, or using the elevator?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Now, besides the service elevator that we already talked
about, the one that has two doors, there are two other elevators on
that floor?

Mr. RIGGS. Yes, sir; but they usually cut off. They don’t have but one
elevator, and call it the freight elevator, the one that runs over the
weekend.

Mr. HUBERT. The other two were closed?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. They were closed that day?

Mr. RIGGS. Yes, sir; they were cut off.

Mr. HUBERT. All right, now, I think you were saying that Mr. Servance
opened the Commerce Street door, is that correct?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. If you will, tell us about that.

Mr. RIGGS. Well, after we left from the basement and went to the first
floor, he opened the door on the Commerce Street side, and we stood up
there between the two doors, approximately, I’d say 45 minutes to an
hour.

Mr. HUBERT. When you say between the two doors, you mean that on
Commerce Street there is an outside door, and a sort of a vestibule,
and then inside doors?

Mr. RIGGS. Yes.

Mr. HUBERT. Sort of wind-break doors?

Mr. RIGGS. Yes, sir; which actually, the outside door stays open
because they have, like I said, they have the deposit meter where you
can pay your bills and they keep it open.

Mr. HUBERT. So that the outside doors on the Commerce Street side are
always open, but then the inside doors also on the Commerce Street side
are closed on weekends?

Mr. RIGGS. That’s right.

Mr. HUBERT. Now, Servance opened the inside door and then where did you
all go?

Mr. RIGGS. We stood in between.

Mr. HUBERT. In--you never did go out the outside door?

Mr. RIGGS. No, sir; because we had an officer outside the door. He was
standing on the steps there.

Mr. HUBERT. All right, what happened after that?

Mr. RIGGS. After we stood around there a certain length of time, I
don’t know exactly how long, I’d say approximately 45 minutes or an
hour, then the armored car came up, and they started backing down the
ramp, and Harold and myself decided that we would----

Mr. HUBERT. Pardon. Fuqua?

Mr. RIGGS. Fuqua; yes, sir. We decided we would try to go down in the
police locker room and maybe watch it on television. We came from the
first floor----

Mr. HUBERT. Well, you left the Commerce Street entrance--did you close
it? Did you lock it up?

Mr. RIGGS. No, sir; because Servance and the rest of them were still
standing up there.

Mr. HUBERT. So, you left before they did, and you don’t know whether he
locked it or not?

Mr. RIGGS. Then only Harold and myself left. We came in the elevator, I
got the keys, unlocked the back door, and I locked it back. I still had
the keys.

Mr. HUBERT. Now, when you went through the elevator door, did you leave
it open?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. The elevator door that is on the alleyway side was left
open?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. And you took the key out of the elevator for the back door
on the alleyway, and you opened that back door?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Now, you kept the key?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Now, did you leave that back door open?

Mr. RIGGS. No, sir.

Mr. HUBERT. Well, what do you mean?

Mr. RIGGS. I made sure I locked it back, because actually we usually
are supposed to lock the door, keep it locked, and when I unlocked the
door from the inside and in turn, took the key and put it on the other
side and locked it back.

Mr. HUBERT. All right, then what did you do?

Mr. RIGGS. We left from the alleyway and walked to the left as we went
out the back door.

Mr. HUBERT. Towards Main Street?

Mr. RIGGS. Towards Main Street, yes, sir; and got to Main Street,
turned left going towards Harwood, and then as we passed--which is a
driveway that leads down to the ramp on the Main Street side, well,
we sort of glanced down through that-a-way to see, you understand. We
saw that armored car which we couldn’t see from up there on the top.
Then we left, and went to Harwood, made a left, which was going towards
Commerce off of Main Street, which is on Harwood, and as you get to
the--between the blocks of the building, half way, they have a--steps
that leads down into the basement.

Mr. HUBERT. On the Harwood Street side of the steps that lead down into
the basement? Did you go down those steps?

Mr. RIGGS. Actually, Harold asked me to go down and check and see if
it would be all right for us to go down because we were under the
impression that they had the police--had a police officer on the door.
After I went down and checked and there wasn’t anyone and then I turned
and told him to come down and he and I came on down too, and well, the
photographers and all was in the basement. All--we passed on by, and
went down to the police basement, which is--opposite from the prop
room. You have to go down the hall and down the steps.

Mr. HUBERT. You mean you went down into the locker room? That is where
all the policemen have their lockers and there’s a recreation room and
television and----

Mr. RIGGS. Yes, sir; and television and--and there was a jail attendant
down there, actually he didn’t work in the jail office, he is not a
policeman, but he works in the jail office.

Mr. HUBERT. What is his name? Do you know?

Mr. RIGGS. No, sir; I really don’t. He told us that he didn’t think
they were going to show it on television. He imagined they were going
to run a tape and show it later on. Said, “Well, we should have stayed
up there. Maybe we could have seen him when they brought him out--”
While we were down there I bought a little can of soup, or chili or
something, and I was eating as we came back up to the--and we stood on
the opposite wall from the corridor that leads out to the basement from
the hallway that goes out to the basement, and where it has a door--I’m
sorry, I couldn’t explain, but actually it leads to the basement, goes
where they park the cars. We was standing up--opposite--in other words,
two corridors, you understand, separate that, and well, we was standing
up there maybe about 5 minutes, one of the newspapermen said, “Here he
come, here he come,” and well, we got on the other side of the wall
and was trying to look, well, so much rushing and all that actually we
didn’t see anything, and then did hear the shot, didn’t actually sound
like a shot, sort of muffled out.

Mr. HUBERT. Were you in the basement at that time?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. On the Commerce Street side, or the Main Street side?

Mr. RIGGS. It was in between, because it is--if you had been down
there, there is a way that comes through the basement, pass by the jail
office and corridor where you turn left, and go down there, turn right,
and police assembly room is down at the far end, and go up there way,
and go----

Mr. HUBERT. Did you go through the engineer’s room?

Mr. RIGGS. No, sir; this is down in the police building where the
records, the information is.

Mr. HUBERT. Well, perhaps if you look at this thing over here, this
mockup, you will be able to clarify this. Now, this is the jail office.

Mr. RIGGS. Yes, sir.

Mr. HUBERT. And see back over there is the parking area. This mockup
doesn’t show the elevators, but I have a map here which is a chart,
really, of that same area only more extensive. For instance, here is
the jail office, here are these two ramps, and this mockup only goes to
here, you see?

Mr. RIGGS. Uh-huh.

Mr. HUBERT. Now, what I want you to do is to identify this first by
marking as follows: “Dallas, Texas, April 1, 1964, Exhibit 5129,
deposition of Alfreadia Riggs,” I am signing my name on it, and so that
the record may show that we are both talking about the same thing, I’m
asking you to put your name below mine on there. Now, I want you to
look at the mockup first and locate first where you were when the shot
was fired, then we’ll mark it on the map.

Mr. RIGGS. Well, actually, they didn’t have it on here, just this part
here is extended out, see what I am referring to is this corridor
leads down here that goes to the police assembly room, this part
here is--corridor here leads towards Commerce Street side. Now, it
has--along here it has a corner here, that is what--two corridors
there, and this is just a wall what leads into the elevators. Now,
when--actually when they--when they was bringing him out, we were
standing on this side, and when they brought him out we moved from here
over to here [indicating].

Mr. HUBERT. All right. Now, sir, you have testified that actually, your
first position is not shown on either the mockup or the map?

Mr. RIGGS. No, sir.

Mr. HUBERT. But, if it were on the map, it would be shown at the bottom
of the map?

Mr. RIGGS. That’s right, sir.

Mr. HUBERT. And you moved up to a position about here [indicating]?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. So, I am marking an “X” and putting a circle around it as
to the position you moved to when you heard the shot, right?

Mr. RIGGS. That’s right.

Mr. HUBERT. I am marking in my own handwriting, “Position of Alfreadia
Riggs at the time of shooting.” I am putting that in a circle and
connecting it to the smaller circle with the “X” in it. The smaller
circle with the “X” in it being the spot at which Alfreadia Riggs
testified he was standing at the time of the shot, is that correct?

Mr. RIGGS. That’s right.

Mr. HUBERT. And Fuqua was with you?

Mr. RIGGS. That’s right.

Mr. HUBERT. Now, you had come from a position that, if it were on the
map, would be toward the bottom of the map?

Mr. RIGGS. That’s right.

Mr. HUBERT. Do you recognize the position of the service elevator here?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. After you had been told to get out of the parking area
marked here, and you had gone up with these others on the service
elevator to the first floor, did you ever get back into this part on
the map called parking area?

Mr. RIGGS. Well, only after everything was over.

Mr. HUBERT. I understand, but prior to the shooting, you never did get
back?

Mr. RIGGS. Never did get back down there; no, sir.

Mr. HUBERT. You had gone through the service elevator, not on the area
shown by this Exhibit 5129, because that is the basement area?

Mr. RIGGS. Yes.

Mr. HUBERT. But on that same service elevator on the next floor up?

Mr. RIGGS. That’s right.

Mr. HUBERT. And went through that elevator to the back door, turned to
your left onto Main Street, passed the ramp on Main Street, went over
to Harwood Street, went down into the basement area through the Harwood
Street----

Mr. RIGGS. Entrance; yes.

Mr. HUBERT. Entrance that goes down to the basement. Then you went to
the recreation room and finally came to the position you indicated just
before the shooting?

Mr. RIGGS. That’s right.

Mr. HUBERT. How did you get back to the main floor of the municipal
building after the shooting?

Mr. RIGGS. After the shooting--during the excitement and that, during
the excitement Harold and I, we went over to the police information
room over there to get out of the way of the traffic. The police was
all--they was closing all the entrances and wasn’t letting anyone in
and letting no one out, so, in order to keep from being in the way, we
went inside the information room, and stayed over there, I imagine 30
minutes, 20 or 30 minutes, and Harold asked chief--I think it was Chief
Lumpkin for him to escort us from there to the basement, because--I
think he wanted to go home, or his time was up or something. He wanted
to get out of there, because it made him pretty nervous, and Chief
Lumpkin escorted us through the corridor there that leads to the
basement to the parking area, and we went over there and stayed, or was
down in the basement, and after the time elapsed, I went down in our
porter room and stayed around there until time for me to get off.

Mr. HUBERT. What did you do with the keys that you had?

Mr. RIGGS. I put them back in the elevator.

Mr. HUBERT. You put them back in the elevator on what floor?

Mr. RIGGS. In the basement there.

Mr. HUBERT. Was the elevator down in the basement then?

Mr. RIGGS. Well, I called it down.

Mr. HUBERT. Was McKinzie operating the elevator?

Mr. RIGGS. Yes; he was.

Mr. HUBERT. Did he see you put the keys back?

Mr. RIGGS. I don’t know for sure. During the excitement and all of
that, I think--I don’t know whether he and I or someone got to talking
about the incident, and I don’t remember.

Mr. HUBERT. Now, you did not go out through the Main Street door when
you went out with Fuqua?

Mr. RIGGS. No, sir; definitely.

Mr. HUBERT. Back in the alley?

Mr. RIGGS. Back in the alley; yes, sir.

Mr. HUBERT. And you had the keys with you all the time?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Why did you take the keys with you?

Mr. RIGGS. Well, because there was only this once that--well, actually,
I usually, normally have a key. As a matter of fact, I have quite a
few keys. I didn’t have mine with me during that time, and that was
the only one during that time that would open up that door that was
available, and it stays in the elevator, we close that, because lots of
times some of those porters in the other building will use the keys in
the elevator to put trash out this back door.

Mr. HUBERT. Now, that door, as a matter of fact, can only be opened
from either side. You need a key no matter which way you are coming
from?

Mr. RIGGS. That’s right.

Mr. HUBERT. It can’t be set so that it is open?

Mr. RIGGS. You have to unlock it from the inside and going out, to lock
it back, you have to lock it from the outside. In coming back through
you have to unlock it from the outside with the key.

Mr. HUBERT. Well, now, I understood that that back door would not open
in any way without a key so that if you went through it with a key it
would close by itself and you would need a key to get back in again?

Mr. RIGGS. That’s right.

Mr. HUBERT. You couldn’t put a snap on that to keep it open?

Mr. RIGGS. No, sir.

Mr. HUBERT. There is no snap?

Mr. RIGGS. No, sir; I don’t think. You have to use a key.

Mr. HUBERT. You were in uniform that day?

Mr. RIGGS. That’s right.

Mr. HUBERT. That uniform, is a well-known uniform?

Mr. RIGGS. It is gray with red letters. It has “City of Dallas,” on the
left side, and name on the right of it.

Mr. HUBERT. Your name sewed on?

Mr. RIGGS. Yes, sir, embroidered on.

Mr. HUBERT. Right.

Mr. RIGGS. First initial and last name.

Mr. HUBERT. Now, I am showing you a document which purports to be a
report of an interview of you by FBI Agent Jack Peden, and I am marking
it for identification as follows: “Dallas, Tex., April 1, 1964, Exhibit
5130, deposition of Alfreadia Riggs,” and putting my name on the first
page and since it has a second page I am marking on the second page my
initials in the lower right-hand corner. I would like you to read that
report and see if it reflects the truth, as far as you know it?

Mr. RIGGS. That’s right, sir.

Mr. HUBERT. Now, in order that the record can show that we are both
talking about the same document, I would ask you to sign your name
below mine on the margin there, or next to it, and place your initials
on the second page as I have done. Now, you have signed your name on
the first page of Exhibit 5130, and your--put your initials on the
second page. Have you read it?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Does it represent the truth?

Mr. RIGGS. That’s right.

Mr. HUBERT. Any corrections or alterations to be made, or anything?

Mr. RIGGS. My--no, sir.

Mr. HUBERT. Are you willing to state that if we consider the facts
stated in Exhibit 5130 and the facts as stated by you in this
deposition that we have everything whatsoever that you now know about
this matter?

Mr. RIGGS. Yes, sir.

Mr. HUBERT. Nothing that is left out?

Mr. RIGGS. No, sir.

Mr. HUBERT. Everything is correct?

Mr. RIGGS. Yes, sir. Everything is correct.

Mr. HUBERT. I should have added that if we also consider the
information you have testified to on Exhibit 5128 and 5128-A, that is
the sign-in sheet, we have the full information of that?

Mr. RIGGS. Yes.

Mr. HUBERT. All right. Now, have you been previously interviewed by any
member of the President’s Commission?

Mr. RIGGS. No, sir; I haven’t.

Mr. HUBERT. You have not been interviewed previously by me, or anybody
who identified themselves as being connected with the President’s
Commission?

Mr. RIGGS. No, sir.

Mr. HUBERT. All right, Alfreadia, I just want to get clear once
again on one point. Is it possible, at all, that you went out of the
municipal building through the Main Street entrance?

Mr. RIGGS. No, sir.

Mr. HUBERT. With Fuqua?

Mr. RIGGS. No, sir; we definitely went through the back door.

Mr. HUBERT. You and Fuqua?

Mr. RIGGS. Yes, sir; me and Harold Fuqua.

Mr. HUBERT. All right, that’s all, thank you very much.



TESTIMONY OF JOHN OLRIDGE SERVANCE

The testimony of John Olridge Servance was taken at 11:45 a.m., on
April 1, 1964, in the office of the U.S. attorney, 301 Post Office
Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert,
Jr., assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of John O. Servance.

Mr. Servance, my name is Leon Hubert. I am a member of the advisory
staff of the general counsel of the President’s Commission.

Under the provisions of the Executive Order 11130, dated November
29, 1963, a Joint Resolution of Congress No. 137, and the rules of
procedure adopted by the Commission in conformance with the Executive
order and joint resolution, I have been authorized to take a sworn
deposition from you, Mr. Servance. I state to you now that the general
nature of the Commission’s inquiry is to ascertain, evaluate, and
report upon any fact relating to the assassination of President
Kennedy and the subsequent violent death of Lee Harvey Oswald. In
particular as to you, Mr. Servance, the nature of the inquiry today
is to determine the facts that you know about the death of Oswald and
any other pertinent facts you may know about the general inquiry, and
particularly the opening of doors and so forth of the municipal office
or building. Now, you have appeared here by informal request made for
you to come. Under the rules adopted by the Commission you are actually
entitled to a 3-day written notice before you can be required to
come, but on the other hand, the rules of the Commission provide that
a witness may waive the 3-day notice if he sees fit to do so. Since
you have not had the 3-day written notice, I will ask you if you are
willing to waive the 3-day written notice and have your testimony taken
now?

Mr. SERVANCE. I will.

Mr. HUBERT. Will you stand and raise your right hand so that you may be
sworn. Do you solemnly swear that the testimony that you are about to
give will be the truth, the whole truth, and nothing but the truth, so
help you God?

Mr. SERVANCE. I do.

Mr. HUBERT. Will you please state your name.

Mr. SERVANCE. My name is John Olridge Servance. [Spelling]
S-e-r-v-a-n-c-e, sir.

Mr. HUBERT. Servance. How old are you, sir?

Mr. SERVANCE. I am--beg your pardon, I am 54 years old.

Mr. HUBERT. Where do you live?

Mr. SERVANCE. I live at Lancaster, 319 Lancaster, Hutchins Road.
Lancaster Hutchins, 319 Lancaster Hutchins Road, Lancaster, Tex.

Mr. HUBERT. And what is your present occupation?

Mr. SERVANCE. I am a--the head porter, I believe that is the way it is
listed, foreman or supervisor, you might call it, over both buildings
at night. The city hall and the municipal city hall.

Mr. HUBERT. Those buildings annex, actually, not two separate buildings?

Mr. SERVANCE. Some connections.

Mr. HUBERT. Well, will you--we’ll go into that in a minute. How long
have you been so occupied, sir?

Mr. SERVANCE. Will be 17 years the 2d day of July, or let’s say 16.

Mr. HUBERT. How long have you been head porter out there?

Mr. SERVANCE. Well, I would presume about 15 years. I was head porter
before I come down there with some other part of the city. I was with
the water department.

Mr. HUBERT. Now, I am marking a document which purports to be a report
of an interview with you by FBI Agent Jack Peden, as follows: “Dallas,
Texas, April 1, 1964, Exhibit 5131, deposition of John O. Servance,”
and I am signing my name on this document which is a one-page document,
and so that the record may show that we are both speaking about the
same document would you place your name below mine on that document,
sir? You may use this pen.

Mr. SERVANCE. Below yours?

Mr. HUBERT. Well, just anywhere there to the side.

Mr. SERVANCE. All right.

Mr. HUBERT. Mr. Servance, have you read this document?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Exhibit 5131, which you have just signed?

Mr. SERVANCE. I read it.

Mr. HUBERT. Is it correct and true?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Any alterations or modifications that you wish to make to
it?

Mr. SERVANCE. No, it isn’t. Now, I mean, as far as I understood it. As
far as I could remember, that is true.

Mr. HUBERT. Well, now, you have just read it, haven’t you?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. And it seems to be correct?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Now, do you know Alfreadia Riggs?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. And Henry Fuqua?

Mr. SERVANCE. Hal Fuqua.

Mr. HUBERT. Hal Fuqua, is it?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Did you see them in the basement that day?

Mr. SERVANCE. I saw them in the basement.

Mr. HUBERT. And all of you were sent up the service elevator by the
police to the first floor of the municipal building, is that right?

Mr. SERVANCE. That’s right, sir.

Mr. HUBERT. It is true that at one time during the course of the
morning there you opened the inside door on the Commerce Street
entrance of the municipal building so you all could look out?

Mr. SERVANCE. Well; yes, sir. I did, I opened the door. We
stood--there’s a glass vestibule, you know.

Mr. HUBERT. You stood in this vestibule. The outside doors to Commerce
Street remain open all the time, and the inside door is locked. You had
a key and you unlocked it and all of you stood in the vestibule for a
while, is that right?

Mr. SERVANCE. For a while, that’s right.

Mr. HUBERT. What happened to Riggs and Fuqua? Do you know?

Mr. SERVANCE. They was standing there. What I mean, we were there
during--all the excitement, I don’t know--everything just--I don’t know
what way--I thought they were still there. I didn’t see them. I mean,
that is--

Mr. HUBERT. When you left the vestibule, did you lock the door?

Mr. SERVANCE. I locked the door, I did.

Mr. HUBERT. Did anybody come in through the Commerce Street entrance
while you were standing there?

Mr. SERVANCE. No.

Mr. HUBERT. Could anyone have come in without your noticing it?

Mr. SERVANCE. No, sir; they couldn’t have.

Mr. HUBERT. Why do you say that?

Mr. SERVANCE. Well, first place, the door wasn’t opened all the time,
just for a few moments, and the next place there was a policeman out on
the outside didn’t allow us to come--and give us orders to go back in
and shut it.

Mr. HUBERT. I see, and anyhow, if anyone had come in probably you would
have seen them, isn’t that correct?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Do you know Mr. Jack Ruby?

Mr. SERVANCE. Never seen him before.

Mr. HUBERT. He didn’t pass through that door?

Mr. SERVANCE. No, sir; he didn’t.

Mr. HUBERT. And you definitely locked it?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Now, what other entrances or exits are there to the first
floor of the municipal building?

Mr. SERVANCE. Well, now, you would have--the first floor, we have
a gate leading from the city hall now, the old building from the
municipal----

Mr. HUBERT. The police building?

Mr. SERVANCE. Yes, sir; police building, I’ll put it that way, it was
locked.

Mr. HUBERT. In other words, a corridor that connects the old police
building and the new municipal building?

Mr. SERVANCE. That’s right.

Mr. HUBERT. And it has a sort of an accordianlike gate which spreads
across the whole thing and runs from ceiling to floor?

Mr. SERVANCE. That’s right.

Mr. HUBERT. Does it lock?

Mr. SERVANCE. It was locked this day, the 24th.

Mr. HUBERT. It was? You know that to be a fact?

Mr. SERVANCE. I made sure. I locked it and then doublechecked it in the
morning.

Mr. HUBERT. It was never opened, then, as far as you know?

Mr. SERVANCE. No, sir.

Mr. HUBERT. Now, what about the Main Street entrance?

Mr. SERVANCE. Well, it was locked; no one went out there.

Mr. HUBERT. And you know that to be a fact, too?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Now, what about the two elevators other than the service
elevator?

Mr. SERVANCE. They were cut off, completely off.

Mr. HUBERT. How do you know that?

Mr. SERVANCE. Well, every evening when I went there, every night they
cut them off. Well, then, I tested them to see were they off.

Mr. HUBERT. How did you test them?

Mr. SERVANCE. Mashed the button to see if it don’t run.

Mr. HUBERT. You tried on this morning to get--to make sure the
elevators were cut off?

Mr. SERVANCE. Their power is cut off. They are cut off. You have to go
up on the penthouse on top and cut them off.

Mr. HUBERT. They are cut off every night?

Mr. SERVANCE. And on weekends. Weekends; yes, sir.

Mr. HUBERT. What other ways are there to get into the municipal
building from the first floor? We have Commerce Street and Main Street.

Mr. SERVANCE. They have the rear exit there.

Mr. HUBERT. Tell us about that?

Mr. SERVANCE. Well, you see, the service elevator has the double doors,
you open both of those doors there and go out the service elevator,
you can go out now, to the service elevator; we do have a way that
will unlock--well, in fact, have a chain of keys there and that if
anyone--anybody that is working on any of those floors during the
weekends, well, they can get those keys and go in there and out the
back, if they want.

Mr. HUBERT. Now, that back door to the building, that leads to what?

Mr. SERVANCE. Oh, it leads to the alley.

Mr. HUBERT. Leads to the alley? Is there a key in the elevator that
opens the back door?

Mr. SERVANCE. They were open; that’s right.

Mr. HUBERT. Are you familiar with how that back door works?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Can the back door be opened at any time without the key?

Mr. SERVANCE. No, sir.

Mr. HUBERT. In there--any button that you can push so you don’t need a
key?

Mr. SERVANCE. No, sir.

Mr. HUBERT. In other words, to go to that door, once it is closed, now,
coming from either way, from inside the building or from outside the
building, you have to have a key to make that door operate?

Mr. SERVANCE. Yes, sir; you really do. No, no, now, you can push shut,
you can snap the door and remain open.

Mr. HUBERT. If you want that door to stay open you’ve got to prop it
open. Once the door is closed you need a key no matter which way you
are coming?

Mr. SERVANCE. It is a door you have to lock, you know, you don’t--it
has got a catch there, but you have to lock it, you know, it is not a
turn--you know.

Mr. HUBERT. Well, you mean that you can go through that door and then
when it closes you--it is not locked unless you turn it?

Mr. SERVANCE. Well, that’s right. See, we can trip it off, you have got
a double lock, you understand. You know the doors got a night latch
like--you know, but in order to lock that door it has got another lock
in there that we turn.

Mr. HUBERT. Let me put it to you this way: Suppose a man uses the key
to get through the door from the outside of the building, now, the door
closes shut automatically, doesn’t it?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. Does it lock so that you need the key to get back inside,
or not?

Mr. SERVANCE. No, sir.

Mr. HUBERT. It does not lock?

Mr. SERVANCE. It does not lock. In order to lock it from the alleyway
side so that nobody can come in you have got to turn it. Put the key
and turn.

Mr. HUBERT. Otherwise the door is open?

Mr. SERVANCE. That’s right, sir.

Mr. HUBERT. Now, let’s go through that again, because it is very
important and I want to get it for sure. That door operates only with
a key, that is to say, from the inside. You can’t just use the door
without a key from the inside?

Mr. SERVANCE. Let’s put it this way. Once you lock the door you have
to have a key to unlock it. Now, see, you shut that door, it catches,
but it is not locked. See what I mean? But in order for that door to be
locked we have to put a key in there and turn that lock and let that
come out and go into that socket, you see?

Mr. HUBERT. So, a man who is going through those doors leading from the
municipal building to the alleyway uses the key to open the door to get
out into the alleyway. Now, when he leaves and goes down the alleyway
and has taken these keys with him, is that door then open so that
somebody can come in without a key or do you need a key to get back in
again?

Mr. SERVANCE. Well, now, if--usually, if the fellow’s got the key, he
usually locks it when he goes out.

Mr. HUBERT. Now, if he locks it back when he got--when he goes out but
he didn’t lock it again----

Mr. SERVANCE. You don’t need no key.

Mr. HUBERT. The door is open?

Mr. SERVANCE. You don’t need a key.

Mr. HUBERT. Do you know from your own knowledge whether Riggs and Fuqua
went through that alley door that morning?

Mr. SERVANCE. I couldn’t say. I mean, I don’t--I mean I don’t recall
that. There is a possibility that they could have, but I don’t recall
it.

Mr. HUBERT. But you don’t know from your own knowledge?

Mr. SERVANCE. After the excitement came and hollering of the
elevators--I mean the sirens going we were watching the armored car
being backed to the entrance of that--cars coming out of there from the
basement and if they did, I didn’t know it, I mean, I can’t recall it.
There is a possibility, but actually to say, I couldn’t say it.

Mr. HUBERT. They were in uniforms, too?

Mr. SERVANCE. Yes, sir; they were in uniforms and working around there.
In fact, Riggs was in both of the buildings, you know. He was a porter
there that day for certain, and he had access of those things. What he
did--I mean, I only seen him there, and he disappeared, I didn’t notice
it.

Mr. HUBERT. There is one other way you can go down from the municipal
building to the basement, and that is through the fire escape, that is
to say, the door to the main floor of the municipal building is not
locked, and you can get to the staircase that way, can’t you?

Mr. SERVANCE. Yes, sir.

Mr. HUBERT. And the door at the bottom of the stairway, which is the
entrance of the basement is always open so that you can get into the
basement?

Mr. SERVANCE. Not the weekends. You have to--you can come out, but you
can’t go in.

Mr. HUBERT. That’s what I mean. You can go in from the municipal
building. You can go through the fire escape doors?

Mr. SERVANCE. That’s right.

Mr. HUBERT. They are not locked?

Mr. SERVANCE. They are locked; yes.

Mr. HUBERT. They are locked on Sundays?

Mr. SERVANCE. Locked on Sundays, but, you see, you can come out, you
have a big bar that you can mash and come out of but you lock it and
you can’t go in.

Mr. HUBERT. Am I right in saying then that from the municipal floor,
first floor of the municipal building----

Mr. SERVANCE. That’s right.

Mr. HUBERT. You cannot go into the staircase?

Mr. SERVANCE. Not during the weekend. They keep it locked, or either at
night.

Mr. HUBERT. Always locked?

Mr. SERVANCE. Always locked, but you can always come out of there.

Mr. HUBERT. Yes; in other words, if you are in the staircase itself,
you can come out?

Mr. SERVANCE. Come out, that’s right.

Mr. HUBERT. But, a man on the first floor of the municipal building
can’t go from the first floor to the basement by use of that staircase,
can he?

Mr. SERVANCE. Yes; inside he can.

Mr. HUBERT. No; once they get inside the staircase, yes, but suppose
he is standing on--in the lobby on the first floor, can he get through
those fire escape doors and get into the staircase and then go down and
out into the basement?

Mr. SERVANCE. Well, now, let me kind of clear this. You see, you have
three sets of those. You have two in the building, and one that comes
on the outside on the Commerce Street side. Is that the one you are
speaking of?

Mr. HUBERT. No; I am thinking of the one in the main lobby.

Mr. SERVANCE. Well, in the main lobby, if you are in the main lobby you
can through the door, go in the door, down from the staircase, on down
in the basement and go out, but you couldn’t come in.

Mr. HUBERT. Well, let me put it to you----

Mr. SERVANCE. Yes; you can come in. You can go out or come in. See,
those doors are not locked up there.

Mr. HUBERT. That’s what I thought. You said that door is locked on
weekends, but you wish to correct that now?

Mr. SERVANCE. Yes, sir; here’s what I was speaking of, now, when you
get in the basement, when you go down to the basement those doors are
locked as far as coming in.

Mr. HUBERT. From the basement?

Mr. SERVANCE. From the basement, that’s right. In other words, if you
are in the basement you cannot use that fire escape door to get into
that staircase; that’s right, sir.

Mr. HUBERT. But, if you are in the staircase you can get into the
basement. Now, the doors to the main floor of the municipal building
leading to the staircase that we are talking about, are not closed,
they are not locked, are they?

Mr. SERVANCE. No, sir.

Mr. HUBERT. Now, I think a little earlier you testified that they
were locked and the only way you can use them would be coming from
the staircase into the first floor of the municipal building, and I
want to get it straight as to whether or not you can use the opposite
direction or, go from the first floor of the municipal building into
the staircase----

Mr. SERVANCE. Wait a minute. Now, let’s see here--try to correct it
best I can. Let’s say I am out there in that corridor there, and we’ll
say--we’ll just assume that that is the corridor there in the city hall.

Mr. HUBERT. Yes.

Mr. SERVANCE. All right.

Mr. HUBERT. All right, now----

Mr. SERVANCE. And assume that the room we are in is the staircase room.
All right, anywhere you are on the first floor, or any of those floors
you can always go into those staircases, fire escapes, none of those
are not locked.

Mr. HUBERT. Except the basement?

Mr. SERVANCE. Except the basement where you come out, that’s right.
None of them are not locked, I am sorry, I got confused there.

Mr. HUBERT. I think that is right. You can go from the corridor into
the staircase on the first floor, because those doors do not lock?

Mr. SERVANCE. That’s right.

Mr. HUBERT. Now, once you get into the staircase on the first floor you
can go down into the basement and go through the basement door into
the basement, but you couldn’t come through the door from the basement
because it is locked?

Mr. SERVANCE. Yes, sir; on the weekends; yes, sir.

Mr. HUBERT. I think that is straight now. You said there was another
fire-escape door?

Mr. SERVANCE. One more.

Mr. HUBERT. Where is that?

Mr. SERVANCE. That is the one where we were standing there, when--one
comes out of the building through the entrance right there.

Mr. HUBERT. Leads----

Mr. SERVANCE. On the Commerce side.

Mr. HUBERT. Leads to the fire-escape stairway?

Mr. SERVANCE. Well, it is a fire-escape stairway.

Mr. HUBERT. And it operates exactly on--like the other one we are
talking about?

Mr. SERVANCE. And it ends there on the first floor.

Mr. HUBERT. Doesn’t go down into the basement?

Mr. SERVANCE. Doesn’t go down into the basement.

Mr. HUBERT. I see. So, that if you were on the first floor of the
municipal building that staircase that we are talking about on the
Commerce Street side does not lead you to the basement?

Mr. SERVANCE. No, sir.

Mr. HUBERT. The one we are talking about before is on the Main Street
side of the elevator?

Mr. SERVANCE. Yes, sir; you see, you got to--you go in front of the
hall, and you have got a cross corridor there.

Mr. HUBERT. Two corridors that cross each other?

Mr. SERVANCE. Yes, sir; and on each corridor there is a door comes
from--winds around and so it comes down.

Mr. HUBERT. But, only one of them goes to the basement?

Mr. SERVANCE. Only one goes to the basement.

Mr. HUBERT. The only one that goes to the basement is the one we are
talking about?

Mr. SERVANCE. That’s right, only one, that’s right.

Mr. HUBERT. The other fire escape stops at the first floor?

Mr. SERVANCE. Stops at the main floor and do not go down into the
basement.

Mr. HUBERT. Well, all right, I think that it is clear. Now, has there
been any conferences between you, Mr. Servance, and any member of the
President’s Commission prior to this deposition?

Mr. SERVANCE. No, sir; nobody.

Mr. HUBERT. Do you consider that between this document number 5131
which you identified and your deposition that we have the whole story
about everything you now know about this matter?

Mr. SERVANCE. That’s right, best of my knowledge.

Mr. HUBERT. All right. Thank you.



TESTIMONY OF A. M. EBERHARDT

The testimony of A. M. Eberhardt was taken at 2:40 p.m., on March 25,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Burt W. Griffin,
assistant counsel of the President’s Commission.


Mr. GRIFFIN. Let me state for the record, and also for your advice and
information, my name is Burt Griffin and I am a member of the advisory
staff of the General Counsel’s office of the President’s Commission
investigating the assassination of President Kennedy. This Commission
has been set up by virtue of an Executive order of the President of
the United States and a congressional resolution. The Executive order
is Order No. 11130, which was issued on November 29, 1963, and the
congressional resolution is Resolution No. 137. As a result of these
two official acts, the Commission has promulgated a set of rules to
conduct the proceedings, and in conformance with those rules and
the Executive order and the congressional resolution, I have been
designated to take a sworn deposition from you, Detective Eberhardt.

Now, the general area of the investigation of the Commission is to
ascertain, evaluate and report back to President Johnson on the facts
relating to the assassination of President Kennedy and the later murder
of Lee Oswald. In particular as to you, we are concerned about the
events that led up to the death of Lee Oswald and most particularly
about Jack Ruby, but we are concerned about anything else that you
might have to offer the Commission that you think is pertinent. The
Commission is not an investigatory agency in the sense that a grand
jury is.

We don’t have any authority to prosecute for any crimes. The only
crime that could be committed in connection with this investigation
that we can do anything about is perjury, and our primary concern in
this matter is frankly one of national security and not prevention of
crime. The most obvious thing is to learn how we can prevent the kind
of things that have happened, well, since November 22, from recurring
again, but it goes much further than that, because there are matters
that transcend simply the protection of the President, there are
problems, real problems of national security that are involved in this,
and there are worries about it that are involved, too, because whenever
you have the President murdered, you can’t exclude the possibility that
there is some political group or even nonpolitical group interested in
killing the President of the United States, and it is compounded when
you find that the man that is charged with the murder of the President
himself dies.

So it becomes very important for us to learn what the truth is, and we
want to do this in a way that will encourage people to come forward and
tell us the truth, and if there are problems in connection with this,
nobody can be close to this without having some personal problems or
personal involvement in this thing, we want to try to do what we can to
minimize these kinds of problems for you and to encourage you to come
forward with whatever you know that may be of value to us.

Now, you in particular are appearing here as a result of a general
request which the General Counsel of the Commission made to Chief
Curry. Under the rules adopted by the Commission, you are actually
entitled to a 3-day written notice before any deposition is taken;
however, the rules also provide that you can waive the notice, and I
will ask you now if you want us to provide you with a written notice
or if you are willing to waive that notice and go forward with the
deposition?

Mr. EBERHARDT. It is fine to go on.

Mr. GRIFFIN. Okay. You are also entitled to have an attorney here
before the Commission, and we do have many witnesses who come here with
attorneys, and you are not here now, I see, with counsel, but if you
would like to have an attorney, consult with one beforehand, we would
be happy to adjourn at this point and let you come back whenever you
feel like it.

Mr. EBERHARDT. I don’t need any counsel.

Mr. GRIFFIN. I will ask you, then, if you will raise your right hand
and be sworn. Do you solemnly swear to tell the truth, the whole truth,
and nothing but the truth, so help you God?

Mr. EBERHARDT. I do.

Mr. GRIFFIN. Would you state your full name for the record?

Mr. EBERHARDT. A. M. Eberhardt.

Mr. GRIFFIN. Do you just have a first initial?

Mr. EBERHARDT. No. August Michael.

Mr. GRIFFIN. Where do you live?

Mr. EBERHARDT. 706 East Farmers Road, Seagoville, Tex.

Mr. GRIFFIN. That is Seagoville [spelling] S-e-a----

Mr. EBERHARDT. That is right.

Mr. GRIFFIN. When were you born?

Mr. EBERHARDT. September 13, 1933.

Mr. GRIFFIN. What is your occupation?

Mr. EBERHARDT. I am a detective of police.

Mr. GRIFFIN. How long have you been with the police department?

Mr. EBERHARDT. Eight years.

Mr. GRIFFIN. Are you assigned to any particular unit?

Mr. EBERHARDT. Assigned to burglary and theft.

Mr. GRIFFIN. How long have you been with burglary and theft?

Mr. EBERHARDT. About 2 years.

Mr. GRIFFIN. Now, you and I talked for some time just prior to taking
this deposition, is that right?

Mr. EBERHARDT. That is right.

Mr. GRIFFIN. Now, prior to my talking with you, has anybody else from
the Commission staff, as opposed to the Secret Service, one of the
investigatory agencies, has anybody from the Commission staff spoken
with you?

Mr. EBERHARDT. No.

Mr. GRIFFIN. I made some notes during our interview I want to dictate
these for the record. I wish you would listen to them carefully, and if
there are any changes or corrections that you would like to make, I
wish you would tell me and we can straighten up the record on this.

I began talking with Mr. Eberhardt about how the FBI happened to
interview him on December 20, 1963, and he indicated that he believed
that it was a result of finding his telephone number in one of Jack
Ruby’s notebooks or on a scrap of paper. Mr. Eberhardt told me that he
had changed his telephone number and that the number which was actually
in Jack’s phone book was not the number that he had now. The reason for
the change was that, out in Seagoville, the telephone company became
a member or a part of the regular Dallas dialing district, and all of
the telephone numbers in Seagoville were changed, although there was no
actual physical change of any telephone. He also stated to me that he
had come to know Jack Ruby in connection with his work on the police
force, that while he was a member of the vice squad and while he has
been with the burglary and theft division of the police department, he
has had occasion to visit Ruby’s nightclubs. Now, he said that, since
he has been with burglary and theft, which has been since early 1962,
that he saw--went into Ruby’s place almost every night when he was on
the night shift, and I asked him when he was last on the night shift,
and he stated that he was on the night shift the month of October. Mr.
Eberhardt also----

Mr. EBERHARDT. That is going to be wrong.

Mr. GRIFFIN. All right. Speak to the reporter.

Mr. EBERHARDT. I am just trying to think. I told--I was working 3 to 11
when the President got killed.

Mr. GRIFFIN. Yes.

Mr. EBERHARDT. So that would be my night shift.

Mr. GRIFFIN. Now, during which shift did you go in to Ruby’s club?

Mr. EBERHARDT. I would be working 3 to 11 shift in November, the month
that the President got killed, but I hadn’t seen him in November, and
I had worked days in October and I hadn’t seen him in October, so it
would be August when I would have been up there.

Mr. GRIFFIN. Would it be September?

Mr. EBERHARDT. September. I was working 3 to 11 when the President got
killed, because I was home and heard it on television and came on to
work.

Mr. GRIFFIN. All right. Now, did you ever visit Jack’s clubs on a
social basis?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. And how frequently would you visit them on a social basis?

Mr. EBERHARDT. In the 5 years I knew him, I was at the Vegas Club about
three times with my wife.

Mr. GRIFFIN. How about the Carousel Club?

Mr. EBERHARDT. We went up there once and she wouldn’t ever go back. She
wanted to see what it was like.

Mr. GRIFFIN. How recently before the President was killed had you been
in the Vegas or Carousel Club?

Mr. EBERHARDT. Socially?

Mr. GRIFFIN. Yes.

Mr. EBERHARDT. It had been a long time, over a year.

Mr. GRIFFIN. And to continue dictating what Detective Eberhardt told
me, he stated that he regarded Jack Ruby as a source of information in
connection with his investigatory activities. I asked him in particular
whether he remembered any instances when Jack had been a source of
such information, and he stated that at one time Jack reported to him
a female employee of his whom he believed had been forging checks and
also thought might be a source of narcotics or drugs of some sort, and
as a result of the information which Ruby provided, a charge was filed
against this girl.

Now, do you remember the name of the girl?

Mr. EBERHARDT. Not her true name. We handed her over to the forgery
bureau. She had some dangerous drugs. She was up under the name of
[deletion]. She never came back. We arrested her out of the club.

Mr. GRIFFIN. How long ago was that?

Mr. EBERHARDT. That was when I was working vice. Three years.

Mr. GRIFFIN. And you also stated that he informed on a fellow by the
name of [deleted], who was wanted in connection with a white slavery
charge. Did you ever prosecute that?

Mr. EBERHARDT. No. He came into town. He was already under indictment.
He told us that he was in town and where he was staying, which we like
to know. He was staying at the Baker Hotel, which was half a block away
from the Carousel, and he had heard one of the parking lot boys talking
about this Valentine being up there.

Mr. GRIFFIN. I see.

Mr. EBERHARDT. And a search warrant was executed and a squad of
officers went in there and arrested them all.

Mr. GRIFFIN. When was that?

Mr. EBERHARDT. That was when I was in vice, too. Two or three years.

Mr. GRIFFIN. What kind of information did he give you in connection
with burglary investigation?

Mr. EBERHARDT. I investigated one burglary when his place was
burglarized, and I had several complaints at the Vegas Club from them
as owners. Out on the street, if we asked him about a particular
person--we asked him about 8 or 9 months ago about a safe burglar
[deleted]. He said he didn’t know him. If he was on the street, he
would come in and call it.

Mr. GRIFFIN. When was that burglary at Ruby’s place?

Mr. EBERHARDT. I was working deep nights. He surprised the burglars in
his club and ran them out. I was in burglary and theft then for about
a year or year and a half. The case wasn’t assigned to me. I was the
officer on the scene, being the detective on duty at the time of the
occurrence.

Mr. GRIFFIN. Was this at the Carousel Club?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. You say a year or year and a half. Do you mean a year or
year and a half ago or after you went on B. and T.?

Mr. EBERHARDT. A year ago from now.

Mr. GRIFFIN. So that would have taken it to early 1963 or late 1962?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Did Jack have a safe in his club at that time?

Mr. EBERHARDT. No. It was a metal filing cabinet they pried, came in
the back door, came up the fire escape. He had closed the place, went
to eat, went back for his dogs, and when he came back, they were there,
the burglars were there. They didn’t get away with any of the loot, and
they were later filed on, I believe.

Mr. GRIFFIN. What did Jack do when he surprised them?

Mr. EBERHARDT. He called the police.

Mr. GRIFFIN. Did he fight with them or anything?

Mr. EBERHARDT. No. They got out. He had a gun with him.

Mr. GRIFFIN. Did Jack have a safe?

Mr. EBERHARDT. Not to my knowledge.

Mr. GRIFFIN. Did Jack ever talk with you about putting a safe into the
Carousel?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Did you ever hear of his talking with anybody about his
installing a safe in the Carousel?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Did you ever talk with Jack about his practice with
respect to keeping money?

Mr. EBERHARDT. He always kept a large sum of money in his pocket, and
I talked to him several times about leaving that place at 2:30 or 3
o’clock in the morning and driving home with it, but this was just one
of his peculiarities.

Mr. GRIFFIN. Did he ever tell you what he did with it, where he kept it
once he got it home?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Do you know whether he used any banks or anything like
that?

Mr. EBERHARDT. No; I don’t know anything about that.

Mr. GRIFFIN. Do you know whether Jack owned any real estate?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Did Jack ever talk to you about the financial condition of
his club?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. When was that?

Mr. EBERHARDT. That was when it was a private club. Before he opened
the Carousel, see, it was a private club.

Mr. GRIFFIN. Was that when it was known as the Sovereign Club?

Mr. EBERHARDT. Yes. And he said he was losing his shirt and he was
going to open it up to the public, and he did.

Mr. GRIFFIN. Now, since then, did he ever talk to you about how he was
doing financially?

Mr. EBERHARDT. Yes. Business was good.

Mr. GRIFFIN. How recently did you talk to him about financial condition?

Mr. EBERHARDT. Any time you would go up there and see him, you know, he
would come, you know, he liked to tell you business was good, he was
doing good, because he didn’t like his opposition, they were on the
outs all of the time, the two brothers, Weinsteins. They didn’t like
each other at all. They didn’t go to each other’s places. He would like
to say he was doing good, getting some of their business, he was doing
good. He liked to talk about that.

Mr. GRIFFIN. Did you know or did you ever hear him talk about Ralph
Paul?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Have you heard of him?

Mr. EBERHARDT. No; I haven’t.

Mr. GRIFFIN. Now, I believe you also told me that you knew George
Senator and that George was a bartender for Jack at the Carousel?

Mr. EBERHARDT. He was doorman.

Mr. GRIFFIN. He was doorman?

Mr. EBERHARDT. He took the money when the people came in.

Mr. GRIFFIN. Did you know who was the person at the door, the ticket
taker, whatever you call it, at the Vegas Club?

Mr. EBERHARDT. Eva was; Eva Grant.

Mr. GRIFFIN. Eva Grant; how would your describe her physically?

Mr. EBERHARDT. She is in her forties, I would say, heavy set. She
has long hair. It was usually red tinted. Fair complected, nice,
middle-aged looking woman.

Mr. GRIFFIN. You say she was heavy set? How heavy would you say?

Mr. EBERHARDT. I would say 155.

Mr. GRIFFIN. How tall would you say?

Mr. EBERHARDT. Any time I saw her, she had heels on and she would be
five-six or seven in heels.

Mr. GRIFFIN. Is she noticeably fat or obese?

Mr. EBERHARDT. No. She is just big boned, a big-boned woman. She is not
actually what you would call real fat. She is just heavy built.

Mr. GRIFFIN. Did you know a woman by the name of Pauline Hall who
worked at the Vegas Club?

Mr. EBERHARDT. Not by name, I don’t. I might if I would see her.

Mr. GRIFFIN. Did you know of any fat, heavy-set woman who worked at the
Vegas Club?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Did you know of any such person who worked at the Carousel
Club?

Mr. EBERHARDT. No. Eva had a good friend--I don’t know what her name
was--who she thought one time stole a ring off of her, who she was
going to call and make a report on it and called me and told me not to.

Mr. GRIFFIN. Did you ever see the woman?

Mr. EBERHARDT. I have never seen her. She was a very close friend of
Mrs. Grant, and that is why I dropped the investigation, and that is
the only close friend I have heard her speak of.

Mr. GRIFFIN. Do you recall that woman’s name?

Mr. EBERHARDT. No; I don’t.

Mr. GRIFFIN. When was that?

Mr. EBERHARDT. That was last year sometime.

Mr. GRIFFIN. To continue with this dictation of what Mr. Eberhardt told
me prior to starting this deposition, that he also stated that he knew
a man named Buddy King, who had worked for Jack, and apparently King
had been down on his luck and Jack had picked him up and given him a
job for a while, and that it was common practice for Jack to pick up
these people, people of this sort, and employ them for a short while.

Do you think Jack did this because he could get these people for low
wages or do you think that he did it out of the goodness of his heart?

Mr. EBERHARDT. He liked show people like Buddy King--you know, he was
in the movies--and he put a picture up there with Our Gang Comedy. He
liked to be around people like that. Prizefighters, they would be up
there now and then.

Mr. GRIFFIN. Do you know any prizefighters up there?

Mr. EBERHARDT. Yes. I met a prizefighter that bounced for him one
night, the old heavyweight here in Dallas.

Mr. GRIFFIN. Turman?

Mr. EBERHARDT. Yes; Buddy Turman.

Mr. GRIFFIN. Is he the only one that hung around there?

Mr. EBERHARDT. Yes; I take it back. You remember when this left-handed
lightweight fighting for Curtis Cokes, going to fight for the title,
little, left-handed, Muskegon, Mich.? He was down there.

Mr. GRIFFIN. Who was that?

Mr. EBERHARDT. When Kenney Lane fought Curtis Cokes in Dallas, the
night after, he was up in the place.

Mr. GRIFFIN. Kenney Lane fought Curtis Cokes?

Mr. EBERHARDT. Kenney Lane fought Curtis Cokes.

Mr. GRIFFIN. He came up to the place?

Mr. EBERHARDT. He came up to the place. He is top contender right now.

Mr. GRIFFIN. Did Jack say how he knew him?

Mr. EBERHARDT. No. He just said, “There is Kenney Lane.”

Mr. GRIFFIN. About how often do they have prizefights in Dallas?

Mr. EBERHARDT. They haven’t had one for quite a while now. They tried
to promote some, but they didn’t go over good.

Mr. GRIFFIN. How about amateur fights?

Mr. EBERHARDT. Yes; we have tried to build up with some smokers with
the Police Athletic League, and such as that. Had the Golden Gloves.

Mr. GRIFFIN. About how often in the average year have they had the
amateur fights, that you know of?

Mr. EBERHARDT. They had 4 or 5 cards last year.

Mr. GRIFFIN. Who sponsored those?

Mr. EBERHARDT. I don’t know who was sponsoring them, really.

Mr. GRIFFIN. Did Jack have anything to do with those?

Mr. EBERHARDT. No; huh-uh.

Mr. GRIFFIN. Did Jack ever indicate to you any interest in them?

Mr. EBERHARDT. No.

Mr. GRIFFIN. I also asked Detective Eberhardt if he knew of anyone
else whom he knew from the police department, and he mentioned that
his partner on the vice squad, R. L. Clark, also got some useful
information, but that Eberhardt hasn’t worked with Clark since early
1962 when Detective Eberhardt was transferred to burglary and theft.

Now, is there anything else that you would want to add to what I have
just dictated?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Is that--are you satisfied that that is an accurate
statement, a report of what we talked about----

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Beforehand?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Now, you have given an interview to Agents Smith and
Chapoton, [spelling] C-h-a-p-o-t-o-n, of the Federal Bureau of
Investigation on December 20, 1963, and you stated that, when you were
on duty sometime between 3 and 11 p.m. on Friday night, November 22,
that you recall seeing Jack Ruby on the third floor between 6 and 7
p.m. Will you tell us how you happened to--how you fix this as between
6 and 7 p.m.?

Mr. EBERHARDT. I was working afternoons, usually go to eat at around
5:30 or 6, and I already had eaten when I got back in the office when I
seen Jack, and so make it around 7 o’clock.

Mr. GRIFFIN. Were you actually in the office when you saw Jack?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Where was Jack?

Mr. EBERHARDT. He had stuck his head in our door and hollered at us.

Mr. GRIFFIN. Did he come in and talk at all?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. How long did he remain in the office?

Mr. EBERHARDT. Oh, 10 or 15 minutes.

Mr. GRIFFIN. Who else was in the office with you at that time?

Mr. EBERHARDT. Our whole--well, our shift was on. I don’t recall who
actually was in there, but Lieutenant Leonard’s shift was on at that
time. That is who I worked for at that time.

Mr. GRIFFIN. Give me as many of the people as you recall who would have
been on that shift.

Mr. EBERHARDT. Let’s see. I wouldn’t know their days off, but I could
tell you the names of everybody on the shift.

Mr. GRIFFIN. All right. Let’s have that.

Mr. EBERHARDT. C. A. Jones, S. Tuck, P. Dillehay, J. R. Johnston, C. T.
Burney, W. P. Posey, R. A. Standifer, M. Tuck. Lieutenant, it was.

Mr. GRIFFIN. That is Lieutenant Leonard?

Mr. EBERHARDT. Yes; there is some more that I just can’t--H. J. Bettes.

Mr. GRIFFIN. How do you spell that last name?

Mr. EBERHARDT. [Spelling.] B-e-t-t-e-s. Correction on Posey. He was on
vacation. J. H. Boyd, that I can remember.

Mr. GRIFFIN. Those people that you have named, do you remember
specifically if any of them were in the office when Jack came in?

Mr. EBERHARDT. Yes; the lieutenant was there, I think Jones was there,
I think Tuck was there, and they were in and out and reporters in and
out, you know, it is hard to sit here and visualize who was standing
there, and the secretaries were there, but I don’t recall which were on
duty.

Mr. GRIFFIN. You have a number of rooms in your office; don’t you?

Mr. EBERHARDT. In our office?

Mr. GRIFFIN. Yes.

Mr. EBERHARDT. We have three interrogation rooms.

Mr. GRIFFIN. You have the main reception room, the interrogation rooms?

Mr. EBERHARDT. No, no; the only office that is closed off is the
interrogation rooms.

Mr. GRIFFIN. As you walk into the office, you come into a room?

Mr. EBERHARDT. You come into an “L,” and then the room opens up for you.

(Discussion off the record.)

Mr. GRIFFIN. Now, can you describe which room Jack came into?

Mr. EBERHARDT. He opened our door and walked in about three paces and
just stood there and talked.

Mr. GRIFFIN. Did he sit down at all?

Mr. EBERHARDT. No; he stood up.

Mr. GRIFFIN. Now, what do you remember him saying?

Mr. EBERHARDT. He came in and said hello to me, shook hands with me.
I asked him what he was doing. He told me he was a translator for
the newspapers. Of course, I knew that he could speak Yiddish. Had a
notebook in his hand, and he talked a little bit about that, and then
he said that he brought the coffee and sandwiches up for the reporters,
corned beef sandwiches. He said, “Nothing but kosher stuff is all I
bring.” He talked a little bit about the assassination of the President.

Mr. GRIFFIN. Do you remember him saying--what he said about the
assassination?

Mr. EBERHARDT. How terrible it was for it to happen in the city, and
then he left.

Mr. GRIFFIN. Did he seem--how would you describe his state of emotion
over the Presidents death?

Mr. EBERHARDT. Well, he said that he--he called me by my middle
name--he said, “It is hard to realize that a complete nothing, a zero
like that, could kill a man like President Kennedy was.” He said that,
“It is hard to understand how a complete nothing,” that is what he
referred to him as, “a complete nothing could have done this,” and then
he left, and then I didn’t notice where he went.

Mr. GRIFFIN. Now, do you remember anything else that was said in these
5 or 10 minutes that he was in there?

Mr. EBERHARDT. No; he just asked me how I was doing, how my wife and
children are, which he always did any time he seen anybody.

Mr. GRIFFIN. All right. Now----

Mr. EBERHARDT. I was trying to recall about this lapel deal and give
it a lot of thought, and I can’t remember visually what he had on his
lapel, but I do remember him taking his notebook and hitting his lapel,
and he said, “I am here as a reporter,” and he took the notebook and
hit like that. He had something on his coat, but I can’t visualize now
what it was. I did not get one of his kosher sandwiches, either.

Mr. GRIFFIN. You didn’t. Did he show them to you?

Mr. EBERHARDT. No; I never did ask the man anything about them.

Mr. GRIFFIN. Is it because of his statement about the kosher sandwiches
that you place the time as between 6 and 7 p.m.?

Mr. EBERHARDT. Well, I had already eaten. That is why I placed the time
around there in the evening.

Mr. GRIFFIN. Well, could it have been as late as 10:30 or 11?

Mr. EBERHARDT. Oh, no; no. See, we get off at 11.

Mr. GRIFFIN. Do you know if there were Israeli newspaper or Yiddish----

Mr. EBERHARDT. There was a bunch of them running around there talking
that unknown tongue. I don’t know what they were saying. There were
some orientals; there was some French; there were several dialects
running around there that I didn’t know what they were talking about.

Mr. GRIFFIN. Well, you saw Jack at a later time, also, didn’t you?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Now, could it have been at this later time that Jack told
you about the kosher sandwiches?

Mr. EBERHARDT. I didn’t speak to him at the later time. That is the
only time I spoke to him. I just seen him.

Mr. GRIFFIN. Do you know, after Ruby killed Oswald, there were a number
of rumors that circulated as to how he got into the basement, and one
of the rumors was that he got in by the use of a press badge? Now, one
thing we are interested in here is tracing how these rumors might have
gotten started. You recall your actions after the assassination is that
you might have described this particular episode that you just told us
about now about being an Israeli interpreter. Do you recall that you
mentioned that to anybody within the 24 hours after Ruby killed Oswald?

Mr. EBERHARDT. No; I didn’t. The first one I talked to about it was
when the FBI agents asked me about it.

Mr. GRIFFIN. Well, wasn’t it common for all of you people to be talking
about any contact that you had with Ruby on those 2 days?

Mr. EBERHARDT. See, I wasn’t there. I was gone Sunday and Monday.

Mr. GRIFFIN. I see. But I mean, even when you came back, wasn’t there a
lot of gossip, what-not, guys exchanging views?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Didn’t you somewhere between the time you actually saw
Ruby here and the time that you were interviewed by the agents, didn’t
you talk to somebody in the police department about your meeting Ruby?

Mr. EBERHARDT. Yes. We talked about him being up there in the office,
and being around the city hall like that and wondered how he got in
the basement, and then the only other thing I did on that was write a
report to the chief of police on some information given to me.

Mr. GRIFFIN. Off of the record here.

(Discussion off of the record.)

Mr. GRIFFIN. We will go on the record on this. I have asked Mr. Hubert
to check in our files to see if we have got a copy of this report that
you mentioned that you gave to Chief Curry. Now, I don’t have any
recollection that we have it, and let me ask you now, if he doesn’t
report back to me and say that we have it, would you be good enough,
when you go back to work today, to check where a copy of this report
is and provide it to us? I am going to ask you to clear it with your
superiors and everything.

Mr. EBERHARDT. All right.

Mr. GRIFFIN. I would like to see a copy of that. What did that report
deal with?

Mr. EBERHARDT. This was information given to me by a police reserve who
I know real well who was on duty at the time. He didn’t think anything
about telling anybody about it, and several days later he told me about
it, about going out to the hospital when Oswald was shot and talking to
another reserve out there, that he didn’t know his name, who said that
he had seen or thought he had seen a man walk down the ramp outside of
the city hall.

Mr. GRIFFIN. Who was the reserve officer that gave you this information?

Mr. EBERHARDT. H. B. Holly, Jr. And as soon as he told me about it, I
sat down and wrote a “Dear Chief,” and gave it to my captain.

Mr. GRIFFIN. Did you have occasion yourself to talk to this unknown
reserve officer?

Mr. EBERHARDT. No; I didn’t. I talked to Holly.

Mr. GRIFFIN. Okay. Mr. Hubert indicated to me that we didn’t have a
copy of this report, and I would appreciate very much seeing it.

Mr. EBERHARDT. Okay. I will try.

Mr. GRIFFIN. Do you remember what you did in the period between the
time you saw Ruby, at which you estimated at 6 or 7 p.m., and when you
saw him later on at the press conference?

Mr. EBERHARDT. I worked--I just worked my day out, and then they held
us over.

Mr. GRIFFIN. Did you stay in?

Mr. EBERHARDT. Yes. They had us on standby. I did paper work, caught
up on supplements. They held us over a little bit, and then we had
the press conference. When they brought Oswald in, we stood with him,
myself and a couple of other detectives.

Mr. GRIFFIN. You stood next, right next, to Oswald for the purpose of
guarding him?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. And were you able to look out over the crowd?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Now, where did you see Ruby in the crowd?

Mr. EBERHARDT. He was on the right-hand side of the room standing up on
one of the tables with a notebook and pencil in his hand, with all of
the reporters and cameramen out there. They were facing us. They were
in the assembly room.

Mr. GRIFFIN. Who were the other people guarding?

Mr. EBERHARDT. There was a whole line, a whole line in front of the
showup. I was standing about three people removed behind Oswald. I was
standing behind Oswald and the reporters were shooting questions at
them.

Mr. GRIFFIN. Was he seated?

Mr. EBERHARDT. No; he was standing. We were all standing.

Mr. GRIFFIN. You were able to look over his shoulder?

Mr. EBERHARDT. Oh, yes; I had a full view of the room.

Mr. GRIFFIN. Do you recall what other police officers were down there
with you guarding Oswald and looking out?

Mr. EBERHARDT. Well, Mr. Wade was there; Chief Curry was there; Captain
King was there.

Mr. GRIFFIN. What other detectives were guarding Oswald?

Mr. EBERHARDT. Well, homicide detectives were there. I don’t know which
ones they were. The ones that, you know, were working on him, probably
Leavelle and his partner. Joe Cody was there. That is the only ones
I remember. And there was some uniform men from the jail, I believe,
there.

Mr. GRIFFIN. Now, did you stay after Oswald left?

Mr. EBERHARDT. Until they got him out. I didn’t have anything to
do with transporting him to or from the assembly room, but when he
initially arrived in the assembly room, they asked us to go up there
more or less to keep the reporters from making a rush for him.

Mr. GRIFFIN. How did you happen to go down to the assembly room in the
first place?

Mr. EBERHARDT. To hear the press conference.

Mr. GRIFFIN. Out of curiosity?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Did any other men from your bureau go down there?

Mr. EBERHARDT. Yes; Cody is from my bureau, and he is the only one that
I remember being up there with me.

Mr. GRIFFIN. All right. Did you stay in the press conference room after
the homicide people took Oswald out?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. And did Chief Curry speak at that time?

Mr. EBERHARDT. No; Henry Wade did.

Mr. GRIFFIN. Now, do you recall anything that happened during Henry
Wade’s interview?

Mr. EBERHARDT. No; because when Oswald left, then all semblance of any
kind of order disappeared. They just, you know, come up around Henry
Wade and just started----

Mr. GRIFFIN. Do you remember Ruby’s saying anything during this press
conference?

Mr. EBERHARDT. No; I don’t remember seeing him again, either.

Mr. GRIFFIN. Do you remember Henry Wade making any statement to the
effect that Oswald was a member of the Free Cuba Committee?

Mr. EBERHARDT. I don’t remember too much of what the district attorney
said. There was so much written and heard about it, it is hard to
differentiate what Wade said from what I read in the paper.

Mr. GRIFFIN. If Ruby had said something at this press conference, would
you have noticed it or heard it?

Mr. EBERHARDT. I have heard that he had from other people, you know,
rumors around, but myself, I don’t remember he said anything. I heard
he corrected Mr. Wade on a question, is what I heard.

Mr. GRIFFIN. Yes.

Mr. EBERHARDT. Is what I heard. I didn’t stay for the entire
conference. I was at liberty to go home. When they had me go up there
and guard Oswald, as soon as he left, I was at liberty to go home.

Mr. GRIFFIN. When did you leave this conference?

Mr. EBERHARDT. About 5 minutes after he left.

Mr. GRIFFIN. Did you and Cody leave together?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Did you sign out of the building or anything?

Mr. EBERHARDT. No; we don’t sign out. I just left, got in my car and
went home.

Mr. GRIFFIN. Did Cody remain in there after you did?

Mr. EBERHARDT. I don’t know. I lost him in the shuffle. I stood over
there by Johnny, the news reporter up there in the pressroom at the
city hall, is who I stood by while the conference was going on. He
asked a couple of questions. I couldn’t tell you what questions he
asked. No; there was no semblance of order. Those reporters just holler
out anything that comes in their mind, and whoever shouts the loudest
is whoever gets the answer, is how it works.

Mr. GRIFFIN. If Ruby had said something while you were in there, would
you have been close enough to Henry Wade or to Ruby to have heard it?

Mr. EBERHARDT. I don’t know where Ruby was, so I couldn’t answer that.

Mr. GRIFFIN. Well, you said at this press conference you saw Ruby
standing back----

Mr. EBERHARDT. Right.

Mr. GRIFFIN. Back on a table?

Mr. EBERHARDT. Right

Mr. GRIFFIN. I don’t understand it, now, when you say that you don’t
know where Ruby was.

Mr. EBERHARDT. As soon as Oswald left is when the press conference
began, and when Oswald left, they all came running up to the front.
There was great disorder. When Oswald left, all of the reporters was at
liberty to do what they wished, and they all came up to the front, and
I didn’t see Jack Ruby after Oswald left.

Mr. GRIFFIN. Okay. I want you to be an artist here. Can you draw the
assembly room?

Mr. EBERHARDT. Okay. Here is the main door. This is the stage back here
for a showup.

Mr. GRIFFIN. Yes.

Mr. EBERHARDT. It is raised. All right. And then through here you have
an alleyway, a little hallway, and then down through here is a walkway.
Now, through here are fixed tables that run length to the wall,
stationary, all of the way down, both sides.

Mr. GRIFFIN. Will you mark those with a “T” or a “Table” or something
like that?

Mr. EBERHARDT. Okay. Now, they were all stationary here. Over here is a
desk that the showup lieutenant uses.

Mr. GRIFFIN. Yes.

Mr. EBERHARDT. With a microphone here. Now, Oswald was brought in
through here. All of the reporters were warned by the chief of police
that, if they rushed to the front, he would be taken out and no
questions would be asked or answered.

Mr. GRIFFIN. All right. When Oswald came in there, where did he get
planted?

Mr. EBERHARDT. He came up to the center of the stage.

Mr. GRIFFIN. Put an “X” or a circle.

Mr. EBERHARDT. He would be there.

Mr. GRIFFIN. Would you write “Oswald” there?

Mr. EBERHARDT. Okay.

Mr. GRIFFIN. Were there people on either side of Oswald?

Mr. EBERHARDT. Yes; I was on this side.

Mr. GRIFFIN. Now, the people, there weren’t other prisoners but there
were other detectives?

Mr. EBERHARDT. All of the way to the desk, all of the way to the door.
Of course, I couldn’t see too much over here.

Mr. GRIFFIN. All right. Will you put an “X” where you were standing?

Mr. EBERHARDT. Right about here.

Mr. GRIFFIN. And would you mark your initials or something there? Okay.
Now, were there any people in between you?

Mr. EBERHARDT. This way?

Mr. GRIFFIN. Yes.

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Between you two. How many officers were there?

Mr. EBERHARDT. The best I remember, two.

Mr. GRIFFIN. Will you put two little circles in there?

Mr. EBERHARDT. I am not sure.

Mr. GRIFFIN. Two “X’s.” Okay.

Mr. EBERHARDT. Now, they left some cameramen up here in front of this
table, see.

Mr. GRIFFIN. Uh-huh.

Mr. EBERHARDT. And they were lined up all through in here. They were in
the kneeling position.

Mr. GRIFFIN. Okay. You are indicating, in between the tables where you
and Oswald were, why there were a bunch of news photographers?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. And they were all there in----

Mr. EBERHARDT. Aisleway, all news photographers.

Mr. GRIFFIN. That leads to the back of the room.

Mr. EBERHARDT. Okay. And the rest of them back here stood up on these
tables. When the front tables got full, they all stood up, and Ruby was
over here.

Mr. GRIFFIN. All right. Will you put “Ruby” on that?

Mr. EBERHARDT. Then they proceeded to ask him questions, take his
picture, what have you, and somebody, the chief, I don’t remember which
one of the chiefs, said, “All right. Take him out.” And they took him
out, and I remained, and when they took him out, here they all come.

Mr. GRIFFIN. After Oswald was taken out, were there any people still
standing up on those tables?

Mr. EBERHARDT. No; they got off, and, of course, Henry Wade was up here
at the desk.

Mr. GRIFFIN. Mark “Henry Wade” there.

Mr. EBERHARDT. Then they all run for him, and you couldn’t see Wade for
the reporters around him.

Mr. GRIFFIN. All right. Were the reporters between you and Henry Wade?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. So the reporters had their back to you?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Now, could you hear the questions that were being asked by
the reporters?

Mr. EBERHARDT. I could hear most of them; yes.

Mr. GRIFFIN. Could you hear Henry Wade’s answers?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Was there any difference in the way that you could hear
Henry Wade’s answers as opposed to the way you could hear the questions?

Mr. EBERHARDT. Well, the questions were coming from all over the room.

Mr. GRIFFIN. Was Henry Wade speaking through a microphone?

Mr. EBERHARDT. They kept hollering for him to turn on the microphone.
At first, he hadn’t gotten it turned on, but they hollered at him, and
he turned it on.

Mr. GRIFFIN. Was there any substantial difference between your ability
to hear Wade----

Mr. EBERHARDT. No.

Mr. GRIFFIN. As opposed to your ability to hear the reporters?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Were there any times when there were people speaking when
you couldn’t hear them, reporters asking questions?

Mr. EBERHARDT. No; they shout. They shout from the crowd. Very
ill-mannered people, the way they conducted that thing. There is no--I
mean they don’t have any concern for any of their other people or not.
It is every man for himself. They just run, and if they run over one
of their own, they do, that is all, and it is mass confusion. Whenever
they left these tables and what have you, they just come up there.

Mr. GRIFFIN. I am going to mark this, step over here and get a pen.
While I am marking this particular document, I would like for you to
look at the report of your interview and read it over and then I am
going to ask you if there are any additions or corrections you want to
make.

Mr. EBERHARDT. Did you want me to deliver that “Dear Chief” copy to you?

Mr. GRIFFIN. If you would, send it over.

Mr. EBERHARDT. Okay.

Mr. GRIFFIN. I am going to mark for identification----

Mr. EBERHARDT. Let me make you a better picture.

Mr. GRIFFIN. You are going to go down in history. A thousand years from
now, they are going to look at this and say, “That is what Eberhardt
did.” I have marked this diagram that you have made of the assembly
room Exhibit No. 5025, and I have labeled it “Police Assembly Room,
Oswald Press Conference.” Now, this is the diagram that you have just
finished drawing, is it not?

Mr. EBERHARDT. Yes, sir. Yes, sir.

Mr. GRIFFIN. Would you sign that and date it? [Pause.] You are going to
mess up the historians. The year is--1267, that is your police number?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. I thought you were writing the year on there. Now, I am
going to also mark for identification the report of Smith and Chapoton.

Mr. EBERHARDT. I don’t like that, I mean this part here, I mean they
didn’t get this exactly right.

Mr. GRIFFIN. All right. Let us change it. Let me mark it, “Dallas,
Texas, Detective Eberhardt, 3-25-64, Exhibit 5026.” Now, would you look
at that, and what corrections or changes do you want to make?

Mr. EBERHARDT. This part, asked me how come Jack had my phone number.
My baby, my youngest one, when she was born----

Mr. GRIFFIN. Yes.

Mr. EBERHARDT. He knew I was a Catholic. He was Jewish, which has
nothing to do with it. It is a christening card, not a present. I
don’t know if you know anything about our religion. When a child is
christened, it is pretty big in our religion. He wanted to send her a
christening card, and that is when I invited him to my house.

Mr. GRIFFIN. When was that?

Mr. EBERHARDT. That was about 2 weeks after the baby was born.

Mr. GRIFFIN. When was the baby born?

Mr. EBERHARDT. May 8.

Mr. GRIFFIN. Wouldn’t this be an accurate statement, “Because this was
the day that Eberhardt’s child was born, Ruby wanted to send the child
a christening card”?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Why don’t you cross it out and put “christening card”?

Mr. EBERHARDT. Okay.

Mr. GRIFFIN. Now, put your initials there.

Mr. EBERHARDT. And I invited him to come out to the house and see the
baby when she was christened. He had never been to my home nor I to his.

Mr. GRIFFIN. Is there anything else----

Mr. EBERHARDT. No.

Mr. GRIFFIN. That you want to change on that?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Is there anything else that you think might be of value to
the Commission, either in connection with the Oswald killing----

Mr. EBERHARDT. Well, this part down here. I don’t know if anybody has
mentioned to you about this or not, but Officer Mullinax, he talked to
me a long time when this boy got killed.

Mr. GRIFFIN. When did that occur?

Mr. EBERHARDT. It was in the summer 2 years ago.

Mr. GRIFFIN. 1961 or 1962?

Mr. EBERHARDT. No; 1962.

Mr. GRIFFIN. Uh-huh.

Mr. EBERHARDT. An officer was shot to death in a hotel. There were no
witnesses, except the man that shot him. The man that shot him was not
indicted. There were no witnesses. I went up to Jack’s one night, and
he talked to me one night about it, and he went to the boy’s funeral. I
don’t know if that gives you any idea of how Ruby’s mind is, but it is
unusual in our profession to have a man show up at a funeral. You would
just have to draw your own conclusions as to why he would.

Mr. GRIFFIN. Now, Mullinax was on the vice squad?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. And Jack tried to be very friendly with all of the members
of the vice squad?

Mr. EBERHARDT. He was friendly with everybody. If he knew you, he would
say hello to you. If he didn’t know you, he was going to try to meet
you.

Mr. GRIFFIN. The vice squad would probably be one of the first to close
his place down if there was any problem?

Mr. EBERHARDT. Liquor board and the vice squad, that is right.

Mr. GRIFFIN. You feel that you know Jack well, don’t you?

Mr. EBERHARDT. Yes and no. I know the man from seeing him up there, but
I have never rode in any car with him, never had him at my home, but I
know him from seeing him time after time after time.

Mr. GRIFFIN. Have you seen people who are like Jack, enough people of
Jack’s background that you think you could judge his character?

Mr. EBERHARDT. We get around a lot of characters in this business, and
he was one of them. He was a little more unique than some of the others.

Mr. GRIFFIN. How was he more unique?

Mr. EBERHARDT. Everybody knew he had a bad temper. He had a reputation
in town as being a streetfighter.

Mr. GRIFFIN. Uh-huh.

Mr. EBERHARDT. If an officer got in trouble around his place, he would
help him.

Mr. GRIFFIN. Do you think he was the kind of a man who was capable of
being nice to people for his own benefit because, there would be some
personal interest or profit in it?

Mr. EBERHARDT. I don’t know. He--I couldn’t see what he could--he never
asked us to do anything. We arrested people out of his place. He didn’t
get mad at us, say anything to us, “Don’t arrest her.” In fact, he told
us about it. She was about to start on his show at the time that we
arrested her.

Mr. GRIFFIN. Is that the girl on the forgery charge?

Mr. EBERHARDT. Yes.

Mr. GRIFFIN. Do you think Jack was the kind of man who was capable of
keeping a secret of being engaged in activities that other people might
not know about?

Mr. EBERHARDT. Certainly. I believe, if he didn’t want us to know
something, he wasn’t going to tell us. If he did something illegal, I
wouldn’t look for him to come tell us; we would have to catch him, if
he was doing something, but most people are that way.

Mr. GRIFFIN. He was an outgoing guy, he talked about a lot of things,
but was he also the kind of guy that was capable of keeping things
pretty close to the vest if he wanted to?

Mr. EBERHARDT. Yes. Like I say, going up there to check his old place,
he knew me as well as anyone. He has walked past me and not even seen
me. He was just in another world. He would walk past and stop and say
hello and say, “I didn’t see you,” and another time he would see you
two blocks away and run you down and say hello. He liked people in his
place; he liked names to introduce you to people, and that is why he
had somebody around there. Like when he had Buddy King around there,
and after he got through telling me who he was, I thought he was a big
star, after Jack got through telling me he had been in the movies. He
is just like that. That is all.

Mr. GRIFFIN. Did you hear any reports prior to the time that he shot
Oswald that he was a homosexual?

Mr. EBERHARDT. No, I hadn’t heard anything. In fact, I thought he was a
ladies’ man, the way he talked.

Mr. GRIFFIN. Is there anything else about this Mullinax thing,
incident, that seems significant to you?

Mr. EBERHARDT. Just the fact that he went to the funeral, talked about
this fellow getting away with it, that something should be done, more
or less that we just couldn’t do anything about it.

Mr. GRIFFIN. Have there been any other police officers killed in the
line of duty, other than Tippit and Mullinax, since you have been on
the force?

Mr. EBERHARDT. No.

Mr. GRIFFIN. Did Jack--was Jack personally acquainted with Mullinax?

Mr. EBERHARDT. He knew Mullinax, had seen him. He had been up at the
place.

Mr. GRIFFIN. Would Mullinax have had an opportunity to visit Jack’s
place on a regular basis in connection with his business on the police
force?

Mr. EBERHARDT. I wouldn’t say that Jack Ruby knew him as good as he
knew some of the other officers, no, but Mullinax had been up there
several times.

Mr. GRIFFIN. Who were--at the time that Oswald was killed, who were
the officers on the force outside of yourself that Ruby knew the best,
would you say?

Mr. EBERHARDT. I don’t know who he knew the best.

Mr. GRIFFIN. From your own estimation, who did he?

Mr. EBERHARDT. I don’t know all that he knew. He knew just about
everybody.

Mr. GRIFFIN. Can you think of any ones in particular that you think he
knew quite well?

Mr. EBERHARDT. I have never seen him out any place with any officers;
I have never seen him outside of his place with any officers; I have
never seen him in a car or restaurant or anything like that with any
policemen.

Mr. GRIFFIN. Well, do you feel that there were other people on the
force who knew Ruby better than you do?

Mr. EBERHARDT. Well, I have been there 8 years. I don’t know even how
long Jack Ruby has been in Dallas. I have been in Dallas a little
longer than 8 years. I imagine that some of the older officers knew him
when he had another place here. He used to have another place down on
Ervay Street. That is before I got on the police force.

Mr. GRIFFIN. I don’t think I have any more questions. Do you have
anything else that you want to offer?

Mr. EBERHARDT. No, nothing that I can think of.

Mr. GRIFFIN. Okay.

Mr. EBERHARDT. I will bring that report down to you tomorrow and leave
it for you.

Mr. GRIFFIN. I would appreciate that. If you would, also sign this
statement.

Mr. EBERHARDT. Any place?

Mr. GRIFFIN. Any place and date it.

Mr. EBERHARDT. Have you got a card?

Mr. GRIFFIN. Pardon.

Mr. EBERHARDT. Have you got a card?

Mr. GRIFFIN. No, I don’t. I will show you my identification.

Mr. EBERHARDT. No. I was just going to write it down. In case you
weren’t here, I was going to leave it for you.



TESTIMONY OF SIDNEY EVANS, JR.

The testimony of Sidney Evans, Jr., was taken at 2:10 p.m., on March
31, 1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Mr. Sidney Evans, Jr. Mr. Evans,
my name is Leon D. Hubert, I am a member of the advisory staff of the
President’s Commission on the Assassination of President Kennedy.
Under the provisions of the Executive Order No. 11130, dated November
29, 1963, and Joint Resolution of Congress No. 137, and the rules of
procedure adopted by the Commission in conformance with the Executive
order and the joint resolution, I have been authorized to take the
sworn deposition from you. I state to you now that the general nature
of the Commission’s inquiry is to ascertain, evaluate and report
upon the facts relating to the assassination of President Kennedy
and subsequent violent death of Lee Harvey Oswald. In particular, as
to you, Mr. Evans, the nature of the inquiry is to determine what
facts you know about the death of Oswald and any other pertinent
facts you may know about the general inquiry, particularly as to the
whereabouts of Jack Ruby around--on the morning of November 24. Now,
did you receive a letter from the General Counsel of the President’s
Commission, Mr. J. Lee Rankin?

Mr. EVANS. No, sir.

Mr. HUBERT. Such a letter was addressed to you and apparently
miscarried somehow, but in any case----

Mr. EVANS. Might have went to those apartments. See, I was working out
of Houston, and they cut the run and I had to transfer, and that was
the reason that the three of us was sharing the apartment there.

Mr. HUBERT. Let me state this to you. Under the rules adopted by the
Commission, you are entitled to a 3-day written notice prior to the
taking of the deposition, and it was sent out by mail, but apparently
hasn’t reached you. The rules of the Commission also provide that you
can waive that notice if you want to do so, and I will ask you now
if you are willing to waive that 3-day notice and let us take your
deposition?

Mr. EVANS. It don’t matter. I want to get it over with. I done lost too
much already.

Mr. HUBERT. All right, would you stand and raise your right hand so
that I can administer the oath? Do you solemnly swear to tell the
truth, the whole truth, and nothing but the truth, so help you God?

Mr. EVANS. I do.

Mr. HUBERT. Will you please state your name, Mr. Evans.

Mr. EVANS. Sidney Evans, Jr.

Mr. HUBERT. And your age?

Mr. EVANS. Thirty-seven, I think.

Mr. HUBERT. Where do you reside, sir?

Mr. EVANS. Retired?

Mr. HUBERT. Where do you live?

Mr. EVANS. 2205 Marvel. M-a-r-v-e-l.

Mr. HUBERT. Is that in Dallas?

Mr. EVANS. Irving, Tex.

Mr. HUBERT. Irving, Tex.?

Mr. EVANS. Uh-huh, that is----

Mr. HUBERT. What is your occupation, sir?

Mr. EVANS. Line driver for Red Ball Motor Freight.

Mr. HUBERT. How long have you been so employed?

Mr. EVANS. Since 1958.

Mr. HUBERT. All right.

Mr. EVANS. Six years.

Mr. HUBERT. In November of 1963, where did you live?

Mr. EVANS. My home is in Houston, but I was still at the Marsalis
Apartments.

Mr. HUBERT. Where is that located, that Marsalis Apartments?

Mr. EVANS. 232 Ewing, I believe, or, I don’t know.

Mr. HUBERT. Did you say 223 South Ewing Street?

Mr. EVANS. Well, I guess.

Mr. HUBERT. What apartment did you have?

Mr. EVANS. 204.

Mr. HUBERT. And I think you said you shared that with somebody?

Mr. EVANS. Two other drivers.

Mr. HUBERT. Who are they?

Mr. EVANS. Jack Scritchfield and Malcom Slaughter.

Mr. HUBERT. How long had you been living there with these men, sharing
that apartment?

Mr. EVANS. Well, I believe I only stayed there 2 months.

Mr. HUBERT. In other words, it was a stopoff place on your runs that
you make as a driver, is that right?

Mr. EVANS. Well, you see, they have a bunkhouse, and we were staying in
the bunkhouse, but the company said that we can’t do that no more, and
our families were still in Houston, so, we had to have a place to sleep
when we were in a town, and sometimes wouldn’t be there 1 day a week.

Mr. HUBERT. Did you estimate that you actually shared this apartment
with these other two gentlemen for about 2 months?

Mr. EVANS. Two months.

Mr. HUBERT. And how often, or how many times, put it that way, during
those 2 months prior to November 24, 1963, did you actually stay
overnight or stay in the daytime in this apartment?

Mr. EVANS. I don’t believe it was once a week.

Mr. HUBERT. About once a week? So, about eight or nine times, you
think, during this period?

Mr. EVANS. Something like that. About the only time we would be there
is if we came in Saturday, we would be there Saturday, or Saturday
night and run out Sunday.

Mr. HUBERT. Do you recall being at that apartment on November 24, 1963,
the Sunday after the President was assassinated?

Mr. EVANS. That was the morning Oswald was shot? Yes, all three of us
was there that day.

Mr. HUBERT. Did you have occasion that day to see a man by the name of
Jack Ruby?

Mr. EVANS. Well, I guess it was him.

Mr. HUBERT. Well, tell us how you----

Mr. EVANS. Well, you see----

Mr. HUBERT. Came to think it was him or guess it was him?

Mr. EVANS. Well, see, the church I have been going to is over in
Irving, and they had one, I found out, over there on Marsalis, Catholic
Church there in Oak Cliff, and I thought they had 10 o’clock mass, but
I went and they had a 9 and 11.

Mr. HUBERT. Yes.

Mr. EVANS. So, I come back to the apartment at--well, it was just a
little bit before 10, and just as I got out of the car a fellow come
out of the laundry, and he had his--both hands with laundry in them,
and I stepped out of my car, and I kind of waited for him to go on up,
and he kind of waited for me.

Mr. HUBERT. How close did you get to him?

Mr. EVANS. Well, we wasn’t--right then only about 15 feet, something
like that.

Mr. HUBERT. How was the man dressed?

Mr. EVANS. He was--had on a T-shirt, pants and T-shirt.

Mr. HUBERT. No hat?

Mr. EVANS. No hat.

Mr. HUBERT. And you said he had some laundry in his hands?

Mr. EVANS. Yes, sir.

Mr. HUBERT. Did he live in that same apartment house?

Mr. EVANS. Well, I went up the stairs first, and he went up behind
me, and we went up the first flight. I figured he lived on the first
flight. I didn’t know where he lived, so, when we went around and went
up the second flight he was right behind me, and I said, “How are you
this morning?” And he ignored me like I didn’t--well, somebody going
along with both arms full of laundry, I would open the door, because
he was going up on the same floor, so, when he didn’t speak with me, I
said, “Well, heck with you.” So, I walked on and he went in 207 there.

Mr. HUBERT. He went in apartment 207? Was this laundry he had already
clean, or what?

Mr. EVANS. Well, they had a--they’ve got a washer and dryer in the
basement in the apartment.

Mr. HUBERT. He was coming up from the washateria?

Mr. EVANS. Yes.

Mr. HUBERT. And he went into apartment 207?

Mr. EVANS. Yes. And, so, I went in. Two buddies were up, so, we ate
breakfast and I went back to church at 11.

Mr. HUBERT. Now, you had gone to try to catch the 10 o’clock mass?

Mr. EVANS. Yes; but didn’t have at 10. Had to go at 11.

Mr. HUBERT. At what time did you leave your apartment?

Mr. EVANS. I left about a quarter of 11.

Mr. HUBERT. I mean the first time?

Mr. EVANS. About a quarter until 10.

Mr. HUBERT. Quarter to 10? And you got there and found out mass was at
9:30?

Mr. EVANS. No; it was 9. Just getting over.

Mr. HUBERT. Just getting over, so you just came on back to the
apartment?

Mr. EVANS. Yes.

Mr. HUBERT. How long was it between the time you left your apartment
and--until the time you got back on the first round when you found
out----

Mr. EVANS. Well, it only takes about six or seven blocks from the
apartment.

Mr. HUBERT. You were driving?

Mr. EVANS. Driving. It takes less than----

Mr. HUBERT. So, you figure about 10 o’clock or a little before?

Mr. EVANS. A little before 10.

Mr. HUBERT. Now, have you subsequently seen pictures of Jack Ruby?

Mr. EVANS. I have seen pictures.

Mr. HUBERT. Have you seen him in person since?

Mr. EVANS. That is the only time I ever seen him.

Mr. HUBERT. You had never seen him before that date?

Mr. EVANS. No, sir.

Mr. HUBERT. Never since?

Mr. EVANS. No, sir.

Mr. HUBERT. Do you think that the man you saw that morning that you
have just described was the same man that you have seen in the pictures?

Mr. EVANS. Well, I really didn’t get a close look. All I know, he went
in that apartment, and it is my understanding he had a roommate, but it
might have been him.

Mr. HUBERT. What I wanted to ask is whether or not the pictures that
you have seen in the newspapers since of a person now known as Jack
Ruby was the same man, in your opinion, that you saw with the laundry
in his hands at about 10 o’clock on November 24?

Mr. EVANS. Well, it could be. I mean, kind of--didn’t have real thick
hair on top.

Mr. HUBERT. Well, I show you a series of pictures here, which for
purposes of identification I am marking on the back as follows,
“Dallas, Texas, March 31, 1964. Exhibit No. 5122, deposition of Sidney
Evans, Jr.,” and signing my name to it, and in order that the record
may show that we are both talking about the same document, I will ask
you to put your name under mine, after which, I will ask you some
questions about it.

Mr. EVANS. All right.

Mr. HUBERT. I will ask you to turn the document over and look at those
several photos there of a man and ask you if that is the man you saw
carrying the laundry on the morning of November 24, at about 10 o’clock.

Mr. EVANS. Well, it looks like him. Of course, he didn’t have on
nothing but a T-shirt, white T-shirt when I saw him.

Mr. HUBERT. Yes; what I was thinking about, his face----

Mr. EVANS. Well, you know, I just looked over my shoulder. He was
coming up the stairs there behind me, and I said, “How are you this
morning?” and he----

Mr. HUBERT. Well, I take it that you looked at him several times, that
is to say, you looked at him when you first saw him?

Mr. EVANS. I didn’t really look at him.

Mr. HUBERT. Then what did you do? Offer to open the door----

Mr. EVANS. I just, you know, I spoke to him, and I--he was coming up
the same floor I was going up and I never paid much--in fact, I----

Mr. HUBERT. At sometime you must have mentioned to somebody that you
thought you had seen this man on that Sunday, and that he was Jack
Ruby. Do you recall how that came about?

Mr. EVANS. Well, one of these buddies there, he told some newspaperman
a bunch--that he told them all about that when I wasn’t even there at
the time.

Mr. HUBERT. You mean at the time that he told the story?

Mr. EVANS. He told them all about it.

Mr. HUBERT. We are talking about now, Malcom Slaughter, aren’t we?

Mr. EVANS. Yes.

Mr. HUBERT. You had told Slaughter that you thought that man you had
seen was Ruby?

Mr. EVANS. After we ate and I went back to the 11 o’clock mass, and it
was close to 12 o’clock when I got back to the apartment.

Mr. HUBERT. Yes.

Mr. EVANS. And just as soon as I opened the door these guys told me
Oswald had been shot.

Mr. HUBERT. Yes.

Mr. EVANS. And so, then, it wasn’t long before 1 o’clock Life Magazine,
and--man, they was out there taking picture, and newspapers, and they
were taking pictures of the apartment and interviewing different people
there.

Mr. HUBERT. So, it was at that time that you told Mr. Slaughter that
you thought you had seen Ruby that morning?

Mr. EVANS. Yes; I told him what happened there and the guy had went in
that apartment there.

Mr. HUBERT. Did you know his roommate, I think you mentioned something
about a roommate?

Mr. EVANS. I understand the papers said there were two of them staying
there.

Mr. HUBERT. But you don’t know of your own knowledge?

Mr. EVANS. No, sir.

Mr. HUBERT. Had you ever seen the man who was supposed to be his
roommate?

Mr. EVANS. In fact, we was not in there, and sleeping in the daytime
mostly when we was there, so I really don’t know anyone there.

Mr. HUBERT. Anyhow, this man that you saw, who you think might have
been Ruby, you never had seen him before nor have you seen him after?

Mr. EVANS. No.

Mr. HUBERT. And your testimony is that this document identified as
Exhibit 5122, looks like him?

Mr. EVANS. Yes.

Mr. HUBERT. But that he had on a T-shirt instead of a tie and the----

Mr. EVANS. Yes.

Mr. HUBERT. Then did he have a hat on?

Mr. EVANS. No.

Mr. HUBERT. Did you see his hair?

Mr. EVANS. Well, it was kind of thin there down the middle. That looks
a little darker than what I remembered. Seemed like he was sort of
grayish.

Mr. HUBERT. How tall a man was he?

Mr. EVANS. He was a lot shorter than I was, five something.

Mr. HUBERT. How tall are you?

Mr. EVANS. Six.

Mr. HUBERT. You are 6 foot?

Mr. EVANS. Yes, sir.

Mr. HUBERT. You say 5 foot what?

Mr. EVANS. Five six or----

Mr. HUBERT. What sort of build?

Mr. EVANS. Stout and husky.

Mr. HUBERT. How--powerful looking man?

Mr. EVANS. Well----

Mr. HUBERT. Strong looking?

Mr. EVANS. Yes.

Mr. HUBERT. Have you anything else that you know?

Mr. EVANS. That is all I know. Well, I know Slaughter told me that he’s
seen him dressed up not long after that.

Mr. HUBERT. Did I understand you to say that Mr. Slaughter made some
comment about this man known as Jack Ruby----

Mr. EVANS. Well, they told me he did. I don’t know whether he did or
not.

Mr. HUBERT. What did he tell you?

Mr. EVANS. Said that he--not long after I had left and went back to
church, he said a man had--dressed up, and walked by our apartment, and
he spoke to him, or something, I don’t know.

Mr. HUBERT. Did he say that he thought it was Ruby?

Mr. EVANS. They said they thought it was.

Mr. HUBERT. When did they say they had seen him?

Mr. EVANS. Well, if it was him it was somewhere right at 11 o’clock.

Mr. HUBERT. When did he tell you that?

Mr. EVANS. After we got back, found out what happened.

Mr. HUBERT. In other words, told you on that same day?

Mr. EVANS. Yes.

Mr. HUBERT. When you told him that you thought you had seen Ruby
earlier when he was carrying in laundry, he told you that he thought
he had seen him dressed up a little later?

Mr. EVANS. Uh-huh, that was after Oswald was shot, and they was out
there taking pictures.

Mr. HUBERT. Did you ever advise the FBI agent that you had seen Ruby
around the apartment, although you did not know him personally?

Mr. EVANS. No, sir; I never did. The only time I saw him was that one
time.

Mr. HUBERT. If it was Ruby? Right?

Mr. EVANS. Right. There was a landlady there, after that was all over
there, she told us that--well, in fact, these two guys that I room
with had rented the apartment, and I was out of town, and called me
long distance and wanted to know if I wanted to share it with them,
because it was pretty expensive for two men, and no more than we
stayed there--I said, well, I had to stay somewhere, and had to have a
phone so that the company could call me. Something that you--that they
require is that you have to have a telephone.

Mr. HUBERT. What about the landlady?

Mr. EVANS. She said during the summer months he would climb up on the
roof and sunbath up there.

Mr. HUBERT. Who? Ruby?

Mr. EVANS. Ruby, whatever----

Mr. HUBERT. She tell you that?

Mr. EVANS. Yes.

Mr. HUBERT. What is her name? Do you know?

Mr. EVANS. No; I don’t, but they moved a week or two after that. It
seemed like there was somebody interviewing them--it was a young man
and his wife. They moved out in Irving some place, but I don’t know
where they moved to.

Mr. HUBERT. You mean that is the third partner?

Mr. EVANS. No; that is the landlady or the landlord and his wife, or
the people that rented the apartments.

Mr. HUBERT. And you say they moved and went to live in Irving?

Mr. EVANS. Somewhere, and said he bought them a place.

Mr. HUBERT. So, they don’t manage the apartment any more?

Mr. EVANS. I guess it was about 2 weeks.

Mr. HUBERT. You don’t know their names?

Mr. EVANS. No; see, these two friends of mine, they had rented the
apartment, and they had talked to the landlady and actually only
supposed to be two people staying in there. In fact, they would be--I
would pay them my share and they would pay the note.

Mr. HUBERT. Do you know where Slaughter lives now?

Mr. EVANS. Well, he still lives in Houston, and they have given up the
apartment.

Mr. HUBERT. Oh, they have?

Mr. EVANS. Too expensive for two of them.

Mr. HUBERT. Do you know what his address is in Houston, or how he could
be reached? Well, he works for the same company that you do?

Mr. EVANS. Yes.

Mr. HUBERT. That is the Red Ball Motor Freight?

Mr. EVANS. Red Ball Motor Freight.

Mr. HUBERT. Where is it located in Houston, the main office?

Mr. EVANS. 4000–4004 Irving Street, Houston.

Mr. HUBERT. Irving Boulevard, Houston, Tex. Now, I think you have given
the name of the other man.

Mr. EVANS. Scritchfield. Of course, he didn’t----

Mr. HUBERT. Scritchfield?

Mr. EVANS. Yes.

Mr. HUBERT. Do you know where he is?

Mr. EVANS. He is here in Dallas. I mean, he is staying up here. I don’t
know----

Mr. HUBERT. He could be reached through your company, too, is that
right?

Mr. EVANS. Yes.

Mr. HUBERT. All right, sir.

Mr. EVANS. Isn’t nothing that he knows about it. The only one would be
Malcolm, and he said he seen a man who was dressed up that looked like
him that he spoke to outside the apartment there. I think he went down
to get a letter or something, or check the mail, or something.

Mr. HUBERT. Who did? Slaughter?

Mr. EVANS. Yes.

Mr. HUBERT. Had Slaughter indicated that he knew Ruby?

Mr. EVANS. No; he didn’t know him. Just like I was, just stayed there
maybe one day a week, you know, and----

Mr. HUBERT. Well, all right; I think that’s it.

Mr. EVANS. Didn’t know anyone there.

Mr. HUBERT. Well, now, have you been interviewed prior to today by any
member of the Commission’s staff?

Mr. EVANS. No, sir; I believe there was a Mr. Page, or
something--somebody----

Mr. HUBERT. FBI man?

Mr. EVANS. Talked to me.

Mr. HUBERT. I am talking about a member of the advisory staff of the
Commission itself?

Mr. EVANS. No.

Mr. HUBERT. Now, prior to the commencement of this interview--I mean
this deposition, there was a short interview between you and me. Did
anything occur during that interview which we have not brought out in
the deposition?

Mr. EVANS. No.

Mr. HUBERT. I think that is all, sir.



TESTIMONY OF BRUCE RAY CARLIN

The testimony of Bruce Ray Carlin was taken at 4:30 p.m., on April 15,
1964, at the Post Office Building, Fort Worth, Tex., by Mr. Leon D.
Hubert, Jr., assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Bruce Carlin. Let the record
show that his attorney, Mr. Alfred J. Jackson of the firm of Tuchin
& Jackson, 705 Fair Building, Fort Worth, Tex., is present and
representing Mr. Carlin during the time this deposition is being taken.
Let the record show also that Mrs. Bruce Carlin, his wife, is also in
the room.

By the way, and this may go on the record, too, Mr. Jackson, you had
mentioned to me prior to the beginning of the deposition something
about obtaining a copy.

Mr. JACKSON. We don’t want one.

Mr. HUBERT. Let me say to you that a copy can be made available to you
at the cost which the reporter will charge you for the copy.

(Reporter stated that the price to them would be 35 cents per page.)

Mr. JACKSON. They want one.

Mr. HUBERT. Miss Laidrich, at the end of each of these depositions let
there be a statement to the effect that Mr. Jackson--why don’t you
dictate it.

Mr. JACKSON. Let the record show that Bruce Carlin and his wife, Karen
Bennett Carlin, have made it known at this time to the interrogator
representing the Warren Commission that each of them would like a
copy of their deposition in this matter, that at this time each is
financially unable to pay for said deposition and reserves the right to
obtain a copy of said deposition at some later date.

Mr. HUBERT. My name is Leon Hubert. I am a member of the advisory staff
of the General Counsel of the President’s Commission.

Under the provisions of Executive Order 11130, dated November 29, 1963,
the Joint Resolution of Congress No. 137, and the rules of procedure
adopted by the Commission, in conformance with the Executive order and
the joint resolution, I have been authorized to take a sworn deposition
from you, Mr. Carlin.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relative to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald.

In particular as to you, Mr. Carlin, the nature of the inquiry today
is to determine what facts you know about the death of Oswald, and
any other pertinent facts you might know about the general inquiry,
particularly concerning conversations you had with Mr. Ruby on the 23d
and 24th, and your knowledge concerning a telegram by which your wife
received $25 from Mr. Ruby.

Now Mr. Carlin, I think you have appeared here today by virtue of a
letter addressed to you by Mr. J. Lee Rankin, General Counsel for the
President’s Commission; is that correct, sir?

Mr. CARLIN. Yes.

Mr. HUBERT. Have you received that, or did you receive that more than 3
days ago?

Mr. CARLIN. Yes, sir.

Mr. HUBERT. All right, would you stand, and I will administer the oath.

Do you solemnly swear that the testimony you are about to give will be
the truth, the whole truth, and nothing but the truth, so help you God?

Mr. CARLIN. I do.

Mr. HUBERT. Would you state your name.

Mr. CARLIN. Bruce Ray Carlin.

Mr. HUBERT. How old are you, sir?

Mr. CARLIN. Twenty-three

Mr. HUBERT. Where do you live?

Mr. CARLIN. 1312 Fairmont, Fort Worth.

Mr. HUBERT. Well----

Mr. JACKSON. At this time for other address purposes, will you tell us
the name of your father?

Mr. CARLIN. H. T. Carlin.

Mr. JACKSON. Where does he live?

Mr. CARLIN. Route 13, Box 258, Fort Worth.

Mr. HUBERT. Are you presently occupied, Mr. Carlin?

Mr. CARLIN. I am not.

Mr. HUBERT. What has been, generally speaking, your occupation?

Mr. CARLIN. I am a salesman.

Mr. HUBERT. You sell any particular product?

Mr. CARLIN. Yes. Except for one job where I worked for a greeting card
company, I sell sundries like drugs, hair sprays and headache remedies.

Mr. HUBERT. What companies have you worked with?

Mr. CARLIN. The Blue Bonnet Drug Co. in Arlington, Big State Mercantile
in San Antonio, and Motel Drug Service in Fort Worth.

Mr. HUBERT. Now, Mr. Carlin, you were present during the deposition of
your wife just within the last hour and a half?

Mr. CARLIN. That’s correct.

Mr. HUBERT. I want to cover those areas, if possible, in this way,
by asking you if you have any other versions of what she said and
testified to on the various points involved. I think in that way we
can save time. In other words, if you would prefer, of course, I can
go through it, but since you were here, and if it is agreeable to your
counsel, we can get at it that way.

Did you hear her say anything which, to your knowledge, you would
disagree with, and I don’t mean by that of course to put either of you
in a position of not saying the truth, but just simply that it is a
recognition that witnesses sometimes see things differently than others
in complete good faith on the part of both witnesses, you understand?

Mr. CARLIN. Yes.

Mr. HUBERT. Any variations that you saw?

Mr. CARLIN. [To Mr. Jackson.] May I ask, at the time that I talked to
you, did you make some kind of notes or is that what you are doing?

Mr. JACKSON. I was taking notes of the whole proceedings. Let me ask
you, on November 22, 1963, Karen said she heard about the shooting of
the President from Andrew Armstrong. Who called and stated that the
Carousel would be closed that night? I think you indicated to me that
at the time you or maybe possibly you and she heard about it in some
other way prior to that time?

Mr. CARLIN. I myself misunderstood the question--that is correct, but
what I thought she said was the way she heard that Oswald was killed.

Mr. JACKSON. All right, to your knowledge, how did she learn that
Oswald was killed?

Mr. CARLIN. I was watching television and I don’t remember the program,
but a news bulletin interrupted the program and said a man by the name
of Ruby, I believe.

Mr. JACKSON. Jack Ruby?

Mr. CARLIN. I don’t remember whether it said Jack or it said Ruby, a
Dallas nightclub owner, had attempted to assassinate Lee Harvey Oswald,
the assassinator of John F. Kennedy, and I made the statement, “I bet
they mean Ruby.”

Mr. JACKSON. You made the statement to whom?

Mr. CARLIN. Karen. I said, “I bet they mean Ruby.”

Mr. JACKSON. Why did you make this statement, do you remember?

Mr. HUBERT. Mr. Jackson, may I ask him--I have no objection whatsoever
to your asking any questions, but I think perhaps for the sake of the
record, it would be better if I ask them, and then when we finish
asking him, you absolutely have the right to go ahead.

Mr. JACKSON. I was just trying to help you.

Mr. CARLIN. I really don’t recall if it said Jack Ruby or not. I don’t
know what made me say, “I bet that is Ruby,” but I know the announcer
on TV seemed not to be sure, and said that this was not verified yet.
And only a few minutes later the phone rang and it was Tammi True who
asked if I had seen television.

Mr. HUBERT. Did you speak to her yourself?

Mr. CARLIN. Yes, I picked the phone up and she said, “Were you watching
television?” And I said, “Yes.” She said, “Did you know Jack Ruby just
killed Oswald?” And I said, “I just made that statement to Karen, I bet
that is what the man meant.” The only reason that I can think of that I
said, “I bet that is Jack Ruby,” is the fact that he may have said Jack
Ruby, or maybe a man by the name of Ruby running a Dallas strip joint.
I think that is the way he said it.

Mr. HUBERT. In any case, what you want to tell now is that you differ
with your wife’s recollection of how she learned of the shooting of
Oswald in that you yourself saw it on television and remarked to her
that at least it could have been Jack Ruby, and then it was confirmed
by the call?

Mr. CARLIN. This is what she said, except the fact she forgot that
Tammi True had called. I don’t think she even said in her statement a
while ago except for the fact that she was thinking she had seen it on
television. Of course, we all saw it so many times.

Mr. HUBERT. Well, Mr. Jackson, do you want to pursue any further?

Mr. JACKSON. No.

Mr. HUBERT. Have you any other aspects of the matter that you would
like to comment upon relative to your wife’s testimony first?

Mr. CARLIN. A number of times there were a few things, very minor,
which a person’s memory might be--mine is failing me. There are a few
things that were said that I did not know about, that she mentioned.
But this is because I was not always at the club.

Mr. HUBERT. What I mean to do by this is to simply ask you this. So far
as you have heard it and except in the way you have corrected it, your
version of the role you played in the things you did and the things you
said and the things you heard is about the same as your wife’s, is that
correct?

Mr. CARLIN. There are two more things that I can think of right now,
and let me state both of them. One is concerning the rent, and one is
the fact that I talked to him, which she stated she didn’t know what we
were saying. But I talked to him in the parking lot that night.

Mr. HUBERT. Take one at a time.

Mr. CARLIN. Concerning the parking lot conversation on the phone. She
came back to the table in Colony Club and was rather upset about the
fact Jack talked to her that way, and it made me a little upset, and
I said I will call him next time. And I called him from the parking
lot, and he said, “Bruce, that girl works for me, and she gets paid on
a certain day.” And I think it was Mondays. But the way I remember it,
there were--I mean Sundays, I am sorry--but there were times when they
went over to the next day before they got paid. He said, “She works for
me and she is to get paid at a certain time and I don’t owe the girl
anything.”

I said, “I realize that, Jack, but we need the money to get back.” And
he said, “Well, I’ve got some people here and I can’t come down right
now.” And then he said, “I will just tell the attendant at the parking
lot to give you all some money. Let me speak to Karen or to Little
Lynn,” I believe is the way he said it, and I handed the phone to her,
as she said.

Mr. HUBERT. When you spoke to him, were you asking simply for money to
get back, or for money to pay rent and buy groceries and so forth?

Mr. CARLIN. At that time we were asking for money to get back. Not
working steadily, because my job requires a good car and mine was out
of commission, at times this man that I worked for with the Motel Drug
Service, which promised me a good job in the future, would come by and
pick me up to help me. And one day he might pay me a little bit of
money to get along on, and I never knew when I was going to get any, so
all we were interested in at the time was getting home. When I gave the
phone to her, she stated we needed the money for rent and groceries.

Mr. HUBERT. You heard that yourself? You heard her say that?

Mr. CARLIN. I do not recall whether she said that at that time. As far
as the money going for rent and groceries, because I didn’t know that
I would have to remember, and in fact I talked to Mr. Tom Thomas about
it, because somebody from the, some authorities, somebody from the FBI
or Secret Service had called to clear up a number of these things on
the phone. In fact, they called almost in the middle of the night, and
I wouldn’t tell them anything. And he said, “Well, if you are not sure
who you are talking to, hang the phone up and call me in the office in
Dallas,” and I did.

Mr. HUBERT. Which night was this?

Mr. CARLIN. I have no idea. We had just come home and the phone rang,
and I don’t really even remember the man’s name. But I called him back
at his office so I would know who I was talking to. It was one of the
men who had talked to her, I believe. I don’t recall his name, but at
the time I did.

Mr. HUBERT. What did he want to talk about?

Mr. CARLIN. A number of questions which we had both already answered.
But he wanted to get them clear again. And then I don’t recall, but for
some reason somebody had called up at one time or another which caused
us to call Mr. Thomas. I was trying to keep my name, because of my
family’s respectability, out, and I wanted Mr. Thomas, who also worked
for the same company my father did, and I didn’t want him brought into
it if I could help. And he said they were either going to subpoena him
to the trial or get a statement from him. And I called him to tell him
this.

Then I mentioned something about the rent. When I took the place I
paid 3 weeks in advance, and then maybe I would go a week and then I
would pay the week before and a week ahead. There was nothing, there
was no particular date that I ever paid the rent. Sometimes ahead and
sometimes I was behind. I do not know for sure that the $25 that we
asked for went for rent at that time or whether we kept it and paid it
when it was due, or whether it went for groceries or medicine, which we
both needed.

But to make a long story short, I presume the reason she said rent and
groceries was those were the two main factors that we needed to exist.
All I am trying to clear up is the fact that I am not sure that I gave
the landlord money for the rent at that time.

Mr. HUBERT. Do you concur in your wife’s statement that her request to
Ruby on the 24th was not made solely for the purpose of rent?

Mr. CARLIN. Yes.

Mr. HUBERT. Now did you actually hear her conversation?

Mr. CARLIN. Yes.

Mr. HUBERT. And she mentioned rent and groceries?

Mr. CARLIN. It seems to me she said something like rent, groceries and
other things, just as you would say everybody else. In other words, we
needed money to exist until she could get the rest of her check.

Mr. HUBERT. Mr. Carlin, the purpose of this call to Mr. Ruby was, as
you have stated it, is that correct?

Mr. CARLIN. Yes.

Mr. HUBERT. You were not asked by anyone to make this call, is that
correct?

Mr. CARLIN. That’s correct, sir.

Mr. HUBERT. No one suggested to you other than your wife, of course,
and Ruby himself, that this call be made?

Mr. CARLIN. No, sir.

Mr. HUBERT. Insofar as Ruby suggested it be made, he didn’t suggest
anytime, as far as you were concerned, that it be made?

Mr. CARLIN. If he said this, I didn’t hear him saying it to her on the
phone. She did ask me to call, I believe, once, maybe twice, before we
found the money was there. Just as soon as we found out----

Mr. HUBERT. Do you remember how you all decided to call Ruby on the
24th when you did call him?

Mr. CARLIN. Yes. The fact that he said to call, and when we got up, she
said that we should call, and then after we heard of Oswald’s death, I
think just a few minutes, I asked if the money had come in, and they
said no, and I think she called and found out later that the money had
come in.

Mr. HUBERT. But I mean, the time of the call to Ruby was not planned or
fixed in anyway? It was completely gratuitous?

Mr. CARLIN. When we woke up, we called him. We slept late that day.

Mr. HUBERT. No time had been set prior to calling him?

Mr. CARLIN. No, sir.

Mr. HUBERT. Mr. Carlin, have you been interviewed by any members of the
President’s Commission other than myself today?

Mr. CARLIN. No, sir.

Mr. HUBERT. I suppose we did have what might be considered to be a
little interview in some conversation in the hall. Do you recall
anything that was said in the hall which has not been brought out in
your deposition and your wife’s deposition which I understand you have
adopted with the amendments that have been made? In other words, I am
trying to ask you if there is anything that we talked about that hasn’t
been put in the record, because if it hasn’t we ought to get it in
there now.

Mr. CARLIN. I understand, but I cannot think of anything.

Mr. HUBERT. Now, Mr. Jackson, have you anything that you would like to
question your client, Mr. Carlin, about, or any statement you wish to
make, or observation?

Mr. JACKSON. None.

Mr. HUBERT. That being the case, I think that is all.



TESTIMONY OF KAREN BENNETT CARLIN

The testimony of Karen Bennett Carlin was taken at 3:05 p.m., on April
15, 1964, at the Post Office Building, Fort Worth, Tex., by Mr. Leon
D. Hubert, Jr., assistant counsel of the President’s Commission. Mrs.
Carlin was accompanied by her attorney, Mr. Alfred J. Jackson, Jr., and
by her husband, Mr. Bruce Carlin.


Mr. HUBERT. This is the deposition of Karen Bennett Carlin. Let the
record show that Mrs. Carlin is accompanied by her husband, Mr. Bruce
Carlin, and by Mr. Alfred J. Jackson, Jr., attorney at law, in the firm
of Tuchin & Jackson, suite 705, Fair Building, Forth Worth 2, Tex., who
is representing Mrs. Carlin.

Mrs. Carlin, my name is Leon Hubert. I am a member of the advisory
staff of the General Counsel of the President’s Commission. Under the
provisions of Executive Order 11130, dated November 29, 1963, the Joint
Resolution of Congress No. 137, and the rules of procedure adopted by
the Commission, in conformance with the Executive order and the joint
resolution, I have been authorized to take a sworn deposition from you,
Mrs. Carlin.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relating to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald. In particular as to you, Mrs. Carlin, the nature
of the inquiry today is to determine what facts you know about the
death of Oswald and any other pertinent facts you may know about the
general inquiry and in greater particularity, about your conversation
by telephone and otherwise with Jack Ruby on the night of the 23d of
November, on the 24th of November, and the sending of money by Western
Union to you.

Now Mrs. Carlin, I know that you are expecting a baby, and that as
a matter of fact the time for the baby to be born is actually past.
For that reason, I want to state to you that if in the course of this
deposition, which I do not think will last very long anyhow, but if in
the course of you feel the slightest discomfort and wish to stop it or
recess it, please don’t hesitate to say so, and we will accommodate you
completely. You understand that?

Mrs. CARLIN. Yes.

Mr. HUBERT. Just any time you feel you want to stop the deposition,
just let us know right away.

Mrs. CARLIN. Okay.

Mr. HUBERT. Now you have appeared here, I think, as a result of a
letter addressed to you by Mr. J. Lee Rankin, General Counsel of the
President’s Commission?

Mrs. CARLIN. Yes.

Mr. HUBERT. You have received that letter, I think?

Mrs. CARLIN. [Produces letter.]

Mr. HUBERT. Did you receive that letter more than 3 days ago?

Mrs. CARLIN. Yes.

Mr. HUBERT. Now you need not stand, but would you raise your right hand
and I will swear you in. Do you solemnly swear that the testimony you
are about to give will be the truth, the whole truth, and nothing but
the truth, so help you God?

Mrs. CARLIN. I do.

Mr. HUBERT. Mr. Jackson, it may be that you have not seen that, and if
you wish to have a moment to look it over----

Mr. JACKSON. Go ahead.

Mr. HUBERT. Let the record show Mr. Jackson indicates he doesn’t wish
to stop now.

What is your name, please, ma’am?

Mrs. CARLIN. Karen Lynn Carlin.

Mr. HUBERT. How old are you?

Mrs. CARLIN. Twenty.

Mr. HUBERT. Where do you live, Mrs. Carlin?

Mr. CARLIN. 1312 Fairmont.

Mr. HUBERT. At present I take it you are unoccupied?

Mrs. CARLIN. Yes.

Mr. HUBERT. Did you know a man by the name of Jack Ruby?

Mrs. CARLIN. Yes; I did.

Mr. HUBERT. Would you state for the record now, ma’am, how you came to
know him and how long you have known him, and so forth.

Mr. CARLIN. It was through my husband that I came to know him. I was
working at the Theatre Lounge as a stripper and I didn’t like the job
there nor the employers, so my husband had heard about the Carousel
Club through girls that worked there at the Theatre Lounge, so I went
over and talked to Mr. Ruby and in turn I went over and received a job
after talking to him.

Mr. HUBERT. Do you remember about when that was?

Mrs. CARLIN. September?

Mr. JACKSON. Answer on your own.

Mrs. CARLIN. I don’t know.

Mr. HUBERT. Was it in 1963?

Mrs. CARLIN. Yes.

Mr. HUBERT. Let me put it this way. Perhaps we can arrive at it this
way. How long before the death of the President did you start to work
for Mr. Ruby?

Mrs. CARLIN. I don’t know. I would say about 2 months. I hadn’t been
there very long.

Mr. HUBERT. What sort of employment did you obtain with him?

Mrs. CARLIN. Stripper.

Mr. HUBERT. What was your compensation for the job? I mean, was it
salary?

Mrs. CARLIN. It was salary. Seven days a week. It was $120 a week.

Mr. HUBERT. A hundred and twenty dollars a week and a 7-day week?

Mrs. CARLIN. Yes.

Mr. HUBERT. On what day of the week were you paid?

Mrs. CARLIN. On Saturdays.

Mr. HUBERT. Saturday nights?

Mrs. CARLIN. Yes.

Mr. HUBERT. Who paid you?

Mrs. CARLIN. Jack Ruby.

Mr. HUBERT. Did you know a man by the name of Ralph Paul?

Mrs. CARLIN. Yes.

Mr. HUBERT. What was your understanding of his relation to Jack Ruby or
to the Carousel?

Mrs. CARLIN. Well, as I understood it, I met him in the office of
Jack Ruby, and he was supposed to be a friend from Chicago that had
known him, and he just introduced me as Ralph. And the only thing I
knew was that he was a friend of Jack Ruby’s. I didn’t know he had any
connection with the club at all.

Mr. HUBERT. You don’t know now?

Mrs. CARLIN. No.

Mr. HUBERT. Did you see this gentleman Ralph Paul only once?

Mrs. CARLIN. Yes. Before the killing of the President, I only saw him
once. But after that, I saw him all the time. He came in all the time.

Mr. HUBERT. You mean he was actually operating the club after?

Mrs. CARLIN. Yes, afterwards.

Mr. HUBERT. Did you find out then that he was the owner and operator of
a drive-in restaurant called the Bull Pen at Arlington?

Mrs. CARLIN. No.

Mr. HUBERT. You don’t know that now?

Mrs. CARLIN. No.

Mr. HUBERT. But in any case, prior to the time when Oswald was shot,
you had met Paul only once, and you don’t know what his relationship
was?

Mrs. CARLIN. That’s right.

Mr. HUBERT. About this young man called Andrew Armstrong, do you recall
him?

Mrs. CARLIN. The colored man?

Mr. HUBERT. Yes.

Mrs. CARLIN. Yes.

Mr. HUBERT. What was his function there?

Mrs. CARLIN. Well, he was supposed to be the janitor to clean up and do
little errands and to run the bar. Afterwards, it turned out that he
also had a part in running the club.

Mr. HUBERT. You mean after?

Mrs. CARLIN. After the President was killed.

Mr. HUBERT. You stayed on at the club until what date?

Mrs. CARLIN. It was December. I quit--no, I couldn’t say it was in
December. It was right before the first. It was a week before the first.

Mr. HUBERT. The first of the year?

Mrs. CARLIN. January; yes.

Mr. HUBERT. Do you know a man by the name of Larry Crafard?

Mrs. CARLIN. Not by name; no.

Mr. HUBERT. Do you remember Larry?

Mrs. CARLIN. No.

Mr. HUBERT. Do you remember a man that stayed there and slept on the
premises?

Mrs. CARLIN. No; I don’t know of anyone that did. Andrew was the only
one I knew that ever spent the night there, and that was just because
he would say so the next evening. He said, “I am tired.” Said, “I had
to stay here all night.”

Mr. HUBERT. I might add that this man Larry’s full name was Curtis
Laverne Crafard.

Mrs. CARLIN. Yes. That was a little young boy, the one that worked the
lights.

Mr. HUBERT. He stayed on the premises?

Mrs. CARLIN. Yes. But he stayed next door most of the time. I know he
was sleeping there for a while, but Jack put a stop to it.

Mr. HUBERT. You mean Jack wouldn’t let him sleep in the club?

Mrs. CARLIN. Jack didn’t like him sleeping there, because there was too
many things gone.

Mr. HUBERT. Then he made him go next door?

Mrs. CARLIN. He went next door. I don’t know who was next door or what
it was next door, but he went next door.

Mr. HUBERT. But what you heard was that this man had, Crafard, Curtis
Laverne Crafard had been staying on the premises, but that Jack had put
a stop to it and made him move to some place next door, but you don’t
know which next door?

Mrs. CARLIN. Yes.

Mr. HUBERT. Who did you hear this from?

Mrs. CARLIN. It was from Larry. He was taking care of the dogs or
something.

Mr. HUBERT. He told you he had to move out?

Mrs. CARLIN. Yes.

Mr. HUBERT. Out of the premises altogether?

Mrs. CARLIN. No. He just said, “I am going to have to move. I can’t
stay here. I don’t know where I am going to get the money, but I am
going to have to move.”

Mr. HUBERT. That must have happened just before the assassination of
the President?

Mrs. CARLIN. Yes. After that I didn’t see Larry no more.

Mr. HUBERT. So to your knowledge he never did actually move, but just
said he was going to have to move, and he informed you that Jack had
told him he would have to move?

Mrs. CARLIN. Yes.

Mr. JACKSON. When you say move, you mean move out at night and not
sleep there?

Mrs. CARLIN. Yes.

Mr. HUBERT. That is what I meant, to move next door, I think is what
you meant?

Mrs. CARLIN. Yes.

Mr. HUBERT. Now coming to the event of November 22, where were you? Do
you recall when you heard about the shooting of the President?

Mrs. CARLIN. At home.

Mr. HUBERT. How did you hear it, on TV?

Mrs. CARLIN. Television. No; I take that back. The first I heard was
when I got the telephone call.

Mr. HUBERT. Who did you receive a telephone call from?

Mrs. CARLIN. Andrew.

Mr. HUBERT. Armstrong?

Mrs. CARLIN. Yes.

Mr. HUBERT. What did he tell you, do you remember?

Mrs. CARLIN. He just said that the President had been shot and we
weren’t going to open, that we would open the next night, and I hung up.

Mr. HUBERT. In other words, it would be closed on Friday, but open on
Saturday?

Mrs. CARLIN. Yes.

Mr. HUBERT. Anytime you want to interject any kind of comment, let me
know and I will stop. You did not speak to Ruby at that time?

Mrs. CARLIN. No. Andrew was calling from the club, he said, and just
wanted to let all the girls know that they needn’t come to work.

Mr. HUBERT. Did you stay then in Fort Worth that night?

Mrs. CARLIN. Yes.

Mr. HUBERT. I think you indicated that Andrew did not tell you that the
club would not be open Saturday?

Mrs. CARLIN. Saturday?

Mr. HUBERT. Saturday.

Mrs. CARLIN. He said that it would probably be open Saturday. He said
to call to make sure.

Mr. HUBERT. He asked you to call to make sure?

Mrs. CARLIN. Yes.

Mr. HUBERT. Did you call?

Mrs. CARLIN. No.

Mr. HUBERT. Instead, you came in?

Mrs. CARLIN. Yes. I tried to call. There wasn’t anybody there in the
evening, so I went ahead and got ready and went to work.

Mr. HUBERT. How did you come?

Mrs. CARLIN. Bus.

Mr. HUBERT. Did you come alone?

Mrs. CARLIN. No; I didn’t. I didn’t come by bus. I came with Tammi
True, another stripper. She had to come over and collect her salary.
She had been fired by Ruby, and she was coming over to get her salary,
so she brought my husband, and I went over to Dallas with her.

Mr. HUBERT. She had an automobile?

Mrs. CARLIN. Yes.

Mr. HUBERT. She was living in Fort Worth?

Mrs. CARLIN. Yes.

Mr. HUBERT. When had she been fired, do you know?

Mrs. CARLIN. Yes. She had been fired Thursday night.

Mr. HUBERT. Do you know why she was fired?

Mrs. CARLIN. Yes. There was a question about salary.

Mr. HUBERT. Do you mean she thought she should get more?

Mrs. CARLIN. Yes.

Mr. HUBERT. Where did you all park the automobile then?

Mrs. CARLIN. In the car lot next door.

Mr. HUBERT. Nichols’ car lot?

Mrs. CARLIN. I don’t know the name of it.

Mr. HUBERT. Well, what happened then?

Mrs. CARLIN. Then we got to the club and the doors were locked, and
there was no sign of anybody being in there, so we thought----

Mr. HUBERT. About what time was it?

Mrs. CARLIN. It was about 8:30.

Mr. HUBERT. Was there a sign up saying that the club would be closed?

Mrs. CARLIN. Yes. They were closed, but it didn’t say when or how
long or when it would open or anything on it. We went upstairs to
the Carousel Club--I mean the Colony Club next door and waited a few
minutes hoping they would open up, thinking possibly it would be late,
and we would wait up there 30 or 40 minutes. And my husband checked
several times to see if they were open, and I said, “Tammy, if you are
broke,”--she knew how to get ahold of him, because she was broke. She
didn’t have any salary.

Mr. HUBERT. You didn’t have any money?

Mrs. CARLIN. No.

Mr. HUBERT. None whatsoever?

Mrs. CARLIN. We had a little change. I think 40 or 50 cents, change.
And Tammy said she didn’t want----

Mr. HUBERT. Between you and your husband?

Mrs. CARLIN. Yes. And I asked Tammy how to get ahold of Jack and she
gave me his home phone, and that is when I tried to call Jack.

Mr. HUBERT. Did you reach him?

Mrs. CARLIN. Yes; I reached him at home. He answered the telephone. And
I asked Jack if we were going to be open, and he got very angry and
was very short with me. He said, “Don’t you have any respect for the
President? Don’t you know the President is dead?” And I said, “Jack, I
am sorry. Andrew said that perhaps we would be open, and I don’t have
any money, and you know I am supposed to get paid.” And I wanted some
money on my pay to get back home. And he said, “I don’t know when I
will open. I don’t know if I will ever open back up.” And he was very
hateful. And he said something he had to come down to the club in about
an hour and for me to wait and he would see me then. And I hung up and
told my husband what had happened, and we waited and waited and he
didn’t show up. That is when my husband and I went down to the garage
and Tammi had to go see some friend there at the Theatre Lounge.

Mr. HUBERT. This first call that you made was not made from the garage?

Mrs. CARLIN. No. It was made from the Colony Club.

Mr. HUBERT. So then you went over to the garage?

Mrs. CARLIN. Yes.

Mr. HUBERT. What was the purpose of going there?

Mrs. CARLIN. Because we wouldn’t have any more money and we didn’t want
to sit up there.

Mr. HUBERT. So then did you call Mr. Ruby again?

Mrs. CARLIN. Yes.

Mr. HUBERT. Did you or your husband?

Mrs. CARLIN. My husband.

Mr. HUBERT. Were you present when your husband called?

Mrs. CARLIN. Yes.

Mr. HUBERT. Did you hear what your husband, at least, said on his end
of the line?

Mrs. CARLIN. Yes; but I didn’t pay much attention. I was sitting in the
chair talking to the man that was in there, the man that worked at the
garage.

Mr. HUBERT. So you are not able to tell us really what happened on your
husband’s end of the line?

Mrs. CARLIN. No.

Mr. HUBERT. What happened after that?

Mrs. CARLIN. Well, my husband then handed the phone to me and called me
back to the phone so I got on the telephone and Jack said, “Tell the
man at the garage, put him on the phone,” and he said, “I will let you
have $5 to get back home.” And that was all that was said, and he gave
me $5, and I signed a receipt, and that was all.

Mr. HUBERT. Did you talk to Jack about the rest of your salary?

Mrs. CARLIN. No.

Mr. HUBERT. How much in fact was due at that time?

Mrs. CARLIN. I don’t remember. I had drew some on my salary. I wouldn’t
say for sure, but I had drew some that week.

Mr. HUBERT. You were asking him not merely for $5, but all that was due
you, I take it?

Mrs. CARLIN. No; I was just asking him for an advance.

Mr. HUBERT. Oh, I see.

Mrs. CARLIN. Because he had been nice to me and let me have an advance
before, so I just wanted an advance until he got the club back open.

Mr. HUBERT. Was your salary due at the end of the week or the beginning?

Mrs. CARLIN. At the end of the week.

Mr. HUBERT. Wasn’t your salary due that Saturday night?

Mrs. CARLIN. I think it was; yes. I think I got paid on Saturday. It
was either Saturday or Monday, I don’t remember, because I got my
salary on Monday twice.

Mr. JACKSON. Karen, could you have gotten paid on Sunday night?

Mrs. CARLIN. It could have been Sunday. It was either Saturday or
Sunday. I got paid twice on Monday.

Mr. JACKSON. On this particular night of November 23, on the telephone
when you talked to Jack and he said I will let you have $5 through the
garageman and, you signed the receipt, did you ask him for any given
amount of money or just for some money?

Mrs. CARLIN. Just enough money to get back home on, and I happened to
mention I would need money for rent tomorrow, and he said to call him.

Mr. JACKSON. Call him tomorrow?

Mrs. CARLIN. Yes. He didn’t say what time.

Mr. HUBERT. In other words, on the Saturday night you did mention to
him the question of getting not merely the $5, enough to get back, but
really a part of your salary, which would become due whenever pay day
was, whether it was Saturday night or Sunday or Monday night?

Mrs. CARLIN. Yes.

Mr. HUBERT. Do I understand you that his remark was, “Well, I will let
you have $5 now and then call tomorrow?”

Mrs. CARLIN. Yes.

Mr. HUBERT. Did he say that he would send you money the next day?

Mrs. CARLIN. No; he did--just said call him tomorrow and he would talk
about that tomorrow.

Mr. HUBERT. In other words, the call that he wanted you to make on
Sunday was with reference to your request for your pay?

Mrs. CARLIN. Yes.

Mr. HUBERT. I gather that he was not disposed to talk about it then,
but invited you to call him the next day?

Mrs. CARLIN. That’s right.

Mr. HUBERT. And mentioned no time at all?

Mrs. CARLIN. No.

Mr. HUBERT. All right, then, did you call him the next day?

Mrs. CARLIN. Yes; I did.

Mr. HUBERT. Well, where did you call him from?

Mrs. CARLIN. From our home.

Mr. HUBERT. Where was that now?

Mrs. CARLIN. I don’t remember the address. Meadowbrook Drive.

Mr. HUBERT. Did Mr. Weldon Thompson--did you all have a phone listed in
your own name?

Mrs. CARLIN. Bruce Carlin.

Mr. HUBERT. Was it listed in your husband’s name?

Mrs. CARLIN. Yes.

Mr. HUBERT. That phone you used?

Mrs. CARLIN. Yes.

Mr. HUBERT. And you called Jack?

Mrs. CARLIN. At home.

Mr. HUBERT. Is it a long distance call between Fort Worth and Dallas?

Mrs. CARLIN. Yes, sir.

Mr. HUBERT. Charged to your phone, I take it?

Mrs. CARLIN. Yes.

Mr. HUBERT. Do you remember what time you called him?

Mrs. CARLIN. It was 10. I think it was around 10 or 10:05 or 10:15,
something like that. It was between that time.

Mr. HUBERT. Would you be able to say with any degree of accuracy that
it could not have been earlier than 10?

Mrs. CARLIN. It could have been. I am not going to say for sure.

Mr. HUBERT. Well, the fact of the matter is, the phone records show--I
don’t have them before me, but the phone records show it was about that
time. Could you just tell us the gist of the conversation with Jack on
that occasion.

Mrs. CARLIN. Well, Jack answered the telephone. And I told him who it
was, and he said, “Yes, well,” and I said, “I have called, Jack, to try
to get some money, because the rent is due and I need some money for
groceries, and you told me to call.”

And he said, “How much will you need?” And I said--I’ll ask my husband,
and then I said about “$25.”

Mr. HUBERT. Your husband was in the room with you?

Mrs. CARLIN. Yes. He was in the part of the front part of the house.
And he said, “Well, I have to go downtown anyway, so I will send it to
you by Western Union.” And he asked me what name to send it in, and I
told him, “Karen Bennett.”

Mr. HUBERT. Was it arranged to be sent to your home or what?

Mrs. CARLIN. No; to Western Union downtown.

Mr. HUBERT. Did he tell you about what time to expect it?

Mrs. CARLIN. No. I asked him what time, about how long, and he didn’t
say.

Mr. HUBERT. You mean he didn’t say anything, or he said he didn’t know?

Mrs. CARLIN. He said, “Well,” he did say it would take a little while
to get dressed and something about the dog, I don’t remember what it
was. And he said, “I’ll go on down and send it to you.” And I said, “I
sure would appreciate it.” And that is about all there was.

Mr. HUBERT. Now was your rent in fact due?

Mrs. CARLIN. Yes.

Mr. HUBERT. Had your landlord been pressing you for the rent?

Mrs. CARLIN. No.

Mr. HUBERT. Did Ruby seem to be annoyed that you were asking for money
on Sunday?

Mrs. CARLIN. No; he--not that Sunday, he didn’t seem to be annoyed.

Mr. HUBERT. Do you think that there was a difference in his attitude
toward the money that you asked for on Sunday as opposed to the money
you asked for the night before?

Mrs. CARLIN. Yes. He still seemed upset, you know, or hateful, short,
but he didn’t seem as much as he was Saturday night.

Mr. HUBERT. He definitely indicated to you that he would have to dress,
is that correct?

Mrs. CARLIN. Yes. He said, “It will take me about 20 or 30 minutes to
get dressed, and then I will go on down.” And something that he had to
do with the dogs’ freedom, I think.

Mr. JACKSON. About the dogs?

Mrs. CARLIN. Yes. He had some dogs. Kept them in the club.

Mr. HUBERT. Now when did you first hear about Oswald’s shooting?

Mrs. CARLIN. Well, I heard that right after I talked to Jack. It wasn’t
very long after that on the television, and my husband was watching the
television and I was washing dishes, and my husband said, “Karen, isn’t
that Jack?” And I said, I thought he was joking. I told him to shut up
and I started laughing, and sure enough it came out that it was Jack.

Mr. HUBERT. You mean you saw pictures of Jack Ruby?

Mrs. CARLIN. After that on the news.

Mr. HUBERT. Rerun, you mean?

Mrs. CARLIN. Yes.

Mr. HUBERT. You are talking about that famous picture that shows Jack
coming through?

Mrs. CARLIN. Yes.

Mr. HUBERT. It shows really the back of him, doesn’t it?

Mrs. CARLIN. Yes.

Mr. HUBERT. Were you able to recognize him?

Mrs. CARLIN. They knew his name. They had already broadcast his name.

Mr. HUBERT. So that when you saw, you recognized him? You mean you
recognized his name before you saw any picture?

Mrs. CARLIN. Yes. My husband was the one that first saw him. I didn’t
see it. It was a rerun, I think, that I saw, because they already had
his name and that he had the Carousel Club.

Mr. HUBERT. This was prior to the time you went to Western Union?

Mrs. CARLIN. No; I had not gone down to Western Union.

Mr. HUBERT. This was prior?

Mrs. CARLIN. Yes.

Mr. HUBERT. What did you do about the money at Western Union?

Mrs. CARLIN. After I saw the thing on television, I said I bet Jack
didn’t send the money, so my husband dialed the number and he asked if
they had a money order for me, and they said, “Yes.”

Mr. HUBERT. You mean dialed the number to the Western Union?

Mrs. CARLIN. Yes. And he said, “Yes, they did.” Then my husband and I
got dressed and after we ate, we got dressed and went down and picked
it up.

Mr. HUBERT. Well----

Mr. JACKSON. About what time was this call made, do you remember?

Mrs. CARLIN. No.

Mr. JACKSON. Could it have been in the afternoon?

Mrs. CARLIN. Yes. It probably was in the afternoon, because after I
talked to Jack, we ate and washed dishes, and I cleaned up the house,
and it took me a while to get dressed.

Mr. HUBERT. Then you all went down to Western Union?

Mrs. CARLIN. Yes.

Mr. HUBERT. You signed the necessary papers?

Mrs. CARLIN. We had to take a bus down, so that took quite a while,
too. I don’t remember what time it was.

Mr. HUBERT. Was the money paid to the landlord, do you know?

Mrs. CARLIN. Yes; we paid the rent.

Mr. HUBERT. That same day?

Mrs. CARLIN. I don’t remember if it was the same day or not.

Mr. HUBERT. Well, did you keep the money, or did you give it to your
husband?

Mrs. CARLIN. I gave it to my husband. We didn’t have enough money to
get back on the bus, so we had to take some of it and go back on the
bus.

Mr. HUBERT. I don’t follow you.

Mrs. CARLIN. We rode a bus downtown, and we had enough money to get
downtown, but not enough to get back.

Mr. HUBERT. Did you have to use part of the $25 to get back, but you
gave the difference to him?

Mrs. CARLIN. Yes.

Mr. HUBERT. Had your landlord been pressing you for the money?

Mrs. CARLIN. No. It wasn’t just the rent. It was groceries, too,
because my husband wasn’t working at the time.

Mr. HUBERT. You had not known Jack Ruby, I take it, prior to the time
you first went to work for him?

Mrs. CARLIN. No. I had seen Jack Ruby one other time before that, but I
didn’t know who he was.

My girl friend and I, a stripper, at the Theatre Lounge, was walking
to the bus stop at the Greyhound bus station to get something to eat
during our hour break, and we were walking, and this big Cadillac drove
up and tooted the horn and my girl friend smiled and it turned out to
be Jack Ruby after I met him. I knew who it was. But he left a card on
the sidewalk in front of us saying the Carousel Club.

Mr. HUBERT. How long before you went to work for him, then, did that
episode take place?

Mrs. CARLIN. This was about 2 weeks before, because I went home and
told my husband about it.

Mr. HUBERT. He was driving a Cadillac?

Mrs. CARLIN. Yes. There was three of them in the car, two men and one
woman. I never did see the man or woman, didn’t recognize them.

Mr. HUBERT. Who was driving?

Mrs. CARLIN. It was Jack. It turned out to be Jack. I asked him if
he was the one that was driving the car and threw the card on the
sidewalk, and he said, “Yes, I was.”

Mr. HUBERT. Did you ever find out who the other people were in the car?

Mrs. CARLIN. No; I never did ask him.

Mr. HUBERT. Did you find out subsequently what kind of car Jack drove?

Mrs. CARLIN. No.

Mr. HUBERT. This was definitely a Cadillac?

Mrs. CARLIN. Yes. It could have been the other person’s car he was
driving.

Mr. HUBERT. There was one man?

Mrs. CARLIN. There was two men.

Mr. HUBERT. Two men besides Jack?

Mrs. CARLIN. One besides Jack. Looked like a redheaded woman. After I
saw Jack later--at that time I thought it was a stripper, but I don’t
know.

Mr. HUBERT. They were all riding in the front of the car?

Mrs. CARLIN. Yes.

Mr. HUBERT. The girl was in the middle, I take it?

Mrs. CARLIN. Yes.

Mr. HUBERT. That was about 2 weeks after that that you went to work for
him?

Mrs. CARLIN. Yes.

Mr. HUBERT. Did you mention the name of the girl who was with you at
that time? I think you did.

Mrs. CARLIN. It could have been Jada.

Mr. HUBERT. I meant the girl that you were walking with?

Mrs. CARLIN. She was a stripper. I don’t remember her name. She had a
hose act. I don’t remember her name.

Mr. HUBERT. Kathy Kay?

Mrs. CARLIN. No. My husband could probably--it was Liza Sommers,
because he adored her little act.

Mr. HUBERT. Liza?

Mrs. CARLIN. Sommers.

Mr. HUBERT. Do you remember Wally Weston?

Mrs. CARLIN. Yes.

Mr. HUBERT. Do you remember when he left?

Mrs. CARLIN. No. I wasn’t there when he left. You are talking about the
Carousel Club?

Mr. HUBERT. Yes.

Mrs. CARLIN. No. I was never there when he performed there.

Mr. HUBERT. In other words, he left before you got there?

Mrs. CARLIN. Yes; I met him after he left there and went in the theatre.

Mr. HUBERT. Do you remember a time when a man by the name of Rocco came
to the Carousel and took quite a number of pictures of Ruby and the
girls and the acts and so forth?

Mrs. CARLIN. There was so many people taking pictures all the time,
that I don’t know.

Mr. HUBERT. This was--this man was from a magazine or at least he was
attempting--this was quite some time prior to the assassination, but he
came there and--as an advertising stunt or something of the sort, and
took quite a number of pictures. Do you remember that?

Mrs. CARLIN. No; because I remember two or three different ones that
came before this ever happened, so I don’t know who you are talking
about. But they were all supposed to be from some kind of magazine.

Mr. HUBERT. Do you remember a picture of you and Tammi True and Jack
together when Jack was sitting in his office in a chair and Tammi was
on one side and you were on the other in sort of a crouch?

Mrs. CARLIN. Yes.

Mr. HUBERT. Do you remember that picture?

Mrs. CARLIN. Yes.

Mr. HUBERT. About when was that taken, do you remember?

Mrs. CARLIN. That was before the shooting of the President.

Mr. HUBERT. Oh, yes; I know. But how much longer, do you know?

Mrs. CARLIN. I don’t know. I am not any good on times or anything.

Mr. HUBERT. Could you tell us whether it was--how long after you went
to work for Jack was that picture taken? Now I am talking about the one
that I have just described with Ruby in the middle and Tammi on one
side and you on the other?

Mrs. CARLIN. There was never one taken with Tammi. The only one I had
taken was with--what is her name--the one that was pregnant.

Mr. HUBERT. The large redheaded girl, the one that appeared in a
magazine?

Mrs. CARLIN. I can’t place her name.

Mr. HUBERT. Joy?

Mrs. CARLIN. Yes, Joy.

Mr. HUBERT. McDonald?

Mrs. CARLIN. No; I can’t think of it.

Mr. HUBERT. Her stage name was Joy Dale?

Mrs. CARLIN. Yes.

Mr. HUBERT. That is the one I meant. I said Tammi True, but I was
mistaken myself. She had dark curly hair?

Mrs. CARLIN. Yes.

Mr. HUBERT. Well, now, as to that picture, can you relate the time of
taking that picture to the time when you first went to work there?

Mrs. CARLIN. No; I guess it was a month after that, I know. At least,
but I don’t know how much longer after that.

Mr. HUBERT. You don’t know whether it was summertime or----

Mrs. CARLIN. No; it was winter.

Mr. HILBERT. It was winter?

Mrs. CARLIN. Yes; it was getting cold.

Mr. HUBERT. Can you relate it--I think I have asked you this before,
but perhaps your memory is fresher now. Can you relate it to the time
of the death of the President?

Mrs. CARLIN. I would say 2 or 3 weeks before the death of the President.

Mr. HUBERT. Do you remember a rather large heavy fat man, very heavily
built, who used to come to the Carousel almost every weekend and used
to sit close by the stage and sort of carry on a banter with the
theatre?

Mrs. CARLIN. Yes.

Mr. HUBERT. Do you know who he is?

Mrs. CARLIN. No; I don’t know who he is. But I remember him. He weighed
about 300 pounds.

Mr. HUBERT. Yes.

Mrs. CARLIN. Used to beat on the stage and holler and scream. I don’t
remember--I don’t know his name. I never did meet him, but I remember
him.

Mr. HUBERT. Did you know George Senator?

Mrs. CARLIN. Not by name. I probably would know his face, but I don’t
know his name.

Mr. HUBERT. You don’t know what his relationship was to Ruby?

Mrs. CARLIN. No.

Mr. HUBERT. Then do you know--and I don’t mean from your own knowledge
at all, but from what you might have heard, what Jack’s relationship in
general with people of the opposite sex was? What his relationship with
girls was?

Mrs. CARLIN. No; I would rather not answer it.

Mr. HUBERT. That is all right. Mind you, I want it clear I was not
asking in relation to anything with respect to you yourself, but as to
what you have heard?

Mr. JACKSON. Did he ever make any advances towards you?

Mrs. CARLIN. Yes; one time.

Mr. JACKSON. In other words, he did do that with the girls
occasionally--make advances toward them?

Mrs. CARLIN. Yes.

Mr. JACKSON. Proposition them?

Mrs. CARLIN. Yes; I knew of them going with him.

Mr. JACKSON. Dating them?

Mrs. CARLIN. Yes.

Mr. JACKSON. He did date them some?

Mrs. CARLIN. Yes.

Mr. JACKSON. Did you know or had you heard anything concerning the
possibility of any kind of homosexuality on the part of Jack?

Mrs. CARLIN. Yes.

Mr. JACKSON. Is that just a rumor running out there, or what?

Mrs. CARLIN. That was from his mouth. He was always asking the
question, “Do you think I am a queer? Do you think I look like a queer?
Or have you ever known a queer to look like me?” Every time I saw him
he would ask it.

Mr. JACKSON. Do you mean he would bring up the subject himself?

Mrs. CARLIN. Yes; he would say, “Do you think I look like one or act
like one?”

Mr. JACKSON. Did he say he was?

Mrs. CARLIN. No; he just asked me, “Do I look like one.”

Mr. JACKSON. But he never admitted to you of being one?

Mrs. CARLIN. No.

Mr. JACKSON. Or ever made any statements that indicated that he was a
homosexual?

Mrs. CARLIN. Not to my knowledge.

Mr. JACKSON. What you have told us here is all that you know about his
abnormality, if any?

Mrs. CARLIN. Yes.

Mr. HUBERT. Can you throw any light upon his character with respect to
whether he had a good temper or easygoing temper or quick temper?

Mrs. CARLIN. He was very quick tempered.

Mr. HUBERT. Did you have occasion to observe that yourself?

Mrs. CARLIN. Yes.

Mr. HUBERT. Could you give us just one or two examples that would serve
to illustrate why you have the impression that he was quick tempered.

Mrs. CARLIN. Well, the time that makes me think he was so quick
tempered there was two times.

One was with Tammi True. Tammi had--Joy Dale had been out of work for
about a week. She had played sick, and this was known all over the
club, so Tammi True was supposed to be taking their act. And Joy Dale’s
act, making it hard on all of us. So Tammi went to Jack, and I was
sitting in the office when she said, “Jack, I am going to be 5 minutes
late for my show,” and Jack said, “Okay.” So she went to the back to
get dressed, and I went back right after that, and he came back--the
music started--he didn’t tell the band like he was supposed to, so the
music went ahead and started for Tammi to go on, and that upset her.
And Jack came back and said, “What the blank-blank * * *”

Mr. HUBERT. Used some obscene words?

Mrs. CARLIN. Yes.

Mr. HUBERT. I take it you prefer not to use it yourself?

Mrs. CARLIN. Yes.

Mr. HUBERT. Was it obscene?

Mrs. CARLIN. Yes; and she said, “Well, I had already told you that I
was going to be late and you were supposed to let the band know, and
you are blaming me.” And Jack said something else like, “Hurry up and
get your ass dressed.”

Mr. HUBERT. And there again you used an obscene term which I take it
you don’t care to use yourself, in reference to her?

Mrs. CARLIN. Yes; and she then turned around and jumped on him and
said, “If you can let Joy Dale hold out a whole week and make all of
us suffer, you can damn sure wait on me.” And he said, “You are not
going to con me. You may con other people, but you are not going to
con me.” And he stormed out of the room. So the following show she was
deliberately late, and he came back and raised cane again, and he said
something about he was going to fire her if she didn’t straighten up,
that she thought she could use him, and that is about all that was
said. They kept fussing back and forth and calling each other names.

Mr. HUBERT. I take it from that that his manifestation of temper was
first in the use of obscenity, and second in a loud tone of voice?

Mrs. CARLIN. Yes; screaming.

Mr. HUBERT. Did he manifest on that occasion or any occasion that he
might use physical force, or did he ever as a matter of fact?

Mrs. CARLIN. No; I never saw him raise his hand to hit anybody or
anything like that, although with Tammi, he did say he would throw her
down the stairs if she didn’t straighten up. And she said, “I don’t
have to leave. I have a contract.” And he said, “That contract don’t
mean a God damn thing.”

Mr. JACKSON. You don’t have to use those words.

Mr. HUBERT. I think you said that that was one example. Do you have any
others?

Mrs. CARLIN. With Joy Dale.

Mr. HUBERT. Could you tell us about that?

Mrs. CARLIN. It was about the same thing. She had came back to work and
was supposed to be pregnant and sick, and she was dying, so she came
in, she was late for her first show, and Jack didn’t say anything, and
all of us girls were mad and wouldn’t talk to her. So she did her first
show, and she was supposed to be hurting bad and she wanted to get out
of the second show, and just came back from the week after staying out,
and she went to Jack, and you could hear her plumb to the opposite
office.

There was a wall, and you could hear her there fussing and cussing
because she wanted to take off the second show. And he told her she
had been off a week and he couldn’t afford to pay her salary when she
wasn’t doing a job at all. And he said, “If you don’t like your job,
you know what you could do.”

Mr. HUBERT. Was that an indication that there might have been some
relationship between them other than business?

Mrs. CARLIN. Yes. Well, I know it wasn’t hearsay. I know that they were
going together, and Joy was using this over his head.

Mr. JACKSON. How do you know this?

Mrs. CARLIN. She told me, and also Jack made indications that he was
going with her.

Mr. HUBERT. That she went to his apartment or he went to hers?

Mrs. CARLIN. Only what Joy would tell me, and Joy was a big liar. She
was known to lie about things that she had no reason to lie about.
She would lie about men making passes just to make the girls ask her
questions and be the center of attention, so I wouldn’t say she was
telling the truth when she said anything.

Mr. HUBERT. Had you ever met Jack’s sister, Eva Grant?

Mrs. CARLIN. No.

Mr. HUBERT. You know of her?

Mrs. CARLIN. Yes.

Mr. HUBERT. You never met her?

Mrs. CARLIN. After the President’s killing, I did.

Mr. HUBERT. How did you come to meet her then?

Mrs. CARLIN. She was at the club and she was having an argument with
Ralph. I believe it was either Ralph or the other gray-haired guy. I
don’t know his name--about the club. That it was her club, she was
going to run it, and Ralph was saying he was left in charge of the
club, and as long as he was financing the club, she wasn’t going to run
it. And there was an argument between her and one of the girls about
the fact that she wasn’t going to work for Eva because she had tried to
work for Eva and it wouldn’t work.

Mr. HUBERT. Could you tell me something about the gray-haired man other
than the one you identified as Ralph Paul?

Mrs. CARLIN. This was a--I don’t know his name. He was in there quite a
bit after the President’s killing. He was in there almost every night.
He was supposed to be one of Jack’s closest friends or supposed to have
lived with Jack.

Mr. HUBERT. That wouldn’t have been Senator, would it?

Mrs. CARLIN. I don’t know.

Mr. HUBERT. Did you ever hear that perhaps that man was one of his
brothers?

Mrs. CARLIN. No. It wasn’t one of his brothers.

Mr. HUBERT. Do you remember anything further about him?

Mrs. CARLIN. No; I don’t, because I never did talk to him but once, and
that was just about then. He was there a lot of times at the door. He
took all the cover charges after that. Either him or Ralph was taking
cover charges.

Mr. HUBERT. Did he seem to be in authority?

Mrs. CARLIN. No; he didn’t have authority. He thought he did, but he
didn’t, because Ralph would tell him to do what was done.

Mr. HUBERT. Had you ever seen him at the Carousel prior to the time
that Oswald was shot?

Mrs. CARLIN. Yes. Just two or three times. He was sitting down at a
table next to the cashier, where the cash register was. He was sitting
there with the guy that Joy Dale was going with. I don’t remember his
name, but it was a young boy. Tommy something.

Mr. HUBERT. That is the gray-haired man you saw sitting with a young
man called Tommy?

Mrs. CARLIN. Yes.

Mr. HUBERT. Who was Joy Dale’s boy friend?

Mrs. CARLIN. Yes. They were supposed to get married.

Mr. HUBERT. And you saw them, this gray-haired man and Tommy, several
times together?

Mrs. CARLIN. About two or three times, I would say.

Mr. HUBERT. How long before the President’s death?

Mrs. CARLIN. Oh, I don’t know. I never did pay that much attention to
him.

Mr. HUBERT. Were they always together, those two?

Mrs. CARLIN. I wouldn’t say they were together. He just was sitting
there. I don’t know whether they left together or nothing, whether they
were friends or not.

Mr. HUBERT. But they were sitting at the same table?

Mrs. CARLIN. Yes.

Mr. HUBERT. You wouldn’t remember if the two or three times prior to
the President’s death that you saw them together were consecutive
nights or not, would you?

Mrs. CARLIN. No; I never did pay that much attention to either one of
them.

Mr. HUBERT. Would you think those two or three times, whatever they
were, that you saw Tommy and the gray-haired man together, would have
been within a week prior to the President’s death?

Mrs. CARLIN. I wouldn’t say, because I didn’t pay that much attention.

Mr. HUBERT. But in any case, the gray-haired man that you have been
referring to subsequently had really a job with the club? That is to
say----

Mrs. CARLIN. No; not at that time, he wasn’t.

Mr. HUBERT. I mean later. I said subsequently.

Mrs. CARLIN. Yes.

Mr. HUBERT. After Oswald was killed then this same gray-haired man had
a job collecting the cover charges at the front door?

Mrs. CARLIN. Whether he was paid for it or not, he was doing it.

Mr. HUBERT. And he seemed to be, so far as you could tell, under the
authority of Paul?

Mrs. CARLIN. Yes.

Mr. HUBERT. Ralph?

Mrs. CARLIN. Ralph.

Mr. HUBERT. Ralph Paul?

Mrs. CARLIN. Well, I don’t know anything about Ralph.

Mr. HUBERT. How old a man is Ralph? Are you feeling bad?

Mrs. CARLIN. No. He is about 40 or 45, I would say.

Mr. HUBERT. Ralph Paul is?

Mrs. CARLIN. Yes; between 40 and 45. He is old. He is old to me.

Mr. JACKSON. I think that is the age of the interrogator.

Mrs. CARLIN. I am sorry, but he is old to me. Gray-haired and being so
fat.

Mr. JACKSON. The closer you get to it, the younger it is.

Mr. HUBERT. Have you seen Ruby since Oswald was shot?

Mrs. CARLIN. Only in court.

Mr. HUBERT. You testified in court?

Mrs. CARLIN. Two; I went to two different court hearings.

Mr. HUBERT. Did you testify twice or once?

Mrs. CARLIN. Twice.

Mr. HUBERT. Was the first one on the insanity hearing, I suppose?

Mrs. CARLIN. I don’t know what the hearing was on. I think it was on
the bond hearing. He was trying to get out on bond.

Mr. HUBERT. Did you testify at his actual trial in the latter part of
February and the first part of March?

Mrs. CARLIN. Yes.

Mr. HUBERT. Could you tell us what was the general nature of your
testimony there?

Mrs. CARLIN. The same thing that has been asked here.

Mr. HUBERT. Had you been interviewed by Mr. Belli prior?

Mrs. CARLIN. No; the only time I talked to Belli was on the bond
hearing.

Mr. HUBERT. But you haven’t talked to Jack Ruby since you talked to him
on the phone on Sunday the 24th?

Mrs. CARLIN. I can’t say the last time I talked to him.

Mr. HUBERT. Did you know Billy DeMar?

Mrs. CARLIN. Yes.

Mr. HUBERT. He was one of the Emcee’s there?

Mrs. CARLIN. Yes.

Mr. HUBERT. Of course, you have heard the rumors that he is supposed to
have said that he had seen Oswald in the club prior to the shooting of
the President?

Mrs. CARLIN. Yes.

Mr. HUBERT. Did you see pictures of Oswald afterward?

Mrs. CARLIN. Yes.

Mr. HUBERT. Did you ever see anybody who looked like that man in the
Carousel?

Mrs. CARLIN. Well, just like I told the FBI, I have seen someone that
looked like him. Whether it was him or whether I have seen him, he
could favor anybody, you know. I have seen the face, something that
looked, someone that looked like him, and I am not going to say it was
in the club or where it was at, but I have seen someone that looked
like him.

Mr. HUBERT. Of course, you didn’t know Lee Harvey Oswald?

Mrs. CARLIN. No.

Mr. HUBERT. If you get tired, let me know, and we will stop. Let me ask
you some concluding questions and we will take a little recess and I
will gather my thoughts and see if we have anything more. Have you been
interviewed by any member of the Commission’s staff prior to today?

Mrs. CARLIN. No.

Mr. HUBERT. Mrs. Carlin, I have in my hand a document consisting of two
pages which purport to be a copy of a report of an interview of you
by Special FBI Agents Peggs and Zimmerman on November 26, 1963, which
for the purpose of identification I am marking as follows: Fort Worth,
Texas, April 15, 1964, Exhibit 5318, Deposition of Karen B. Carlin. Do
you spell your name with a “K” or “C”?

Mrs. CARLIN. K-a-r-e-n C-a-r-l-i-n.

Mr. HUBERT. Your first name is spelled with a “K”, but your last name
is spelled with a “C”?

Mrs. CARLIN. Yes.

Mr. HUBERT. And I am signing my name below that, for the purpose of
identification. On the second page thereof, in the lower right-hand
corner I am placing my initials. Mrs. Carlin, I will ask you if you
have had an opportunity, with your attorney, Mr. Jackson, to read this
statement?

Mrs. CARLIN. Yes.

Mr. HUBERT. Is this statement a fair statement of the interview that
you had with the FBI agents?

Mrs. CARLIN. Yes.

Mir. Hubert. Do you see anything in it, and I will ask your attorney to
assist you, since he helped you to read it and went over it, do you see
anything that needs to be changed, adjusted, or modified?

Mrs. CARLIN. Yes; the part where it says, “Just for rent.”

Mr. HUBERT. You are referring to a sentence in the third paragraph
about the middle of that paragraph which reads as follows, to wit: “She
called Ruby again on Sunday, November 24, 1963, at 10 or 10:30 a.m., as
she needed money to pay her rent.” Now that is the sentence that you
are referring to, is that correct?

Mrs. CARLIN. Yes.

Mr. HUBERT. What comment do you wish to make about it?

Mrs. CARLIN. Well, I didn’t ask him for just money for the rent. It was
for groceries also.

Mr. HUBERT. You actually mentioned to him that it was for groceries as
well as for rent?

Mrs. CARLIN. Yes.

Mr. HUBERT. All right, do you have any other parts that you wish to
change?

Mrs. CARLIN. Yes; the last sentence in the third paragraph.

Mr. HUBERT. Now you are speaking of the sentence which reads
as follows, to wit: “Karen used her Texas driver’s license as
identification.” What comments do you wish to make about that, Mrs.
Carlin?

Mrs. CARLIN. It was a California driver’s license.

Mr. HUBERT. All right, are there any other parts of that statement
which are incorrect or need modification?

Mr. JACKSON. The fourth paragraph, first sentence which reads as
follows: “At the time she talked with Ruby, Sunday morning, she asked
him if the club was going to be open Sunday night. He became upset
regarding this, then talked harshly to her, indicating that he did not
feel she was showing the proper respect toward the deceased President.”

Mr. HUBERT. What comment do you wish to make about that sentence?

Mrs. CARLIN. It was not Sunday that he said anything about the
President. It was Saturday night that he talked real harshly regarding
the President.

Mr. HUBERT. Do I understand you to say then that when you spoke to him
on Sunday morning, that the subject of the President was not mentioned
at all?

Mrs. CARLIN. That’s right. He just sounded preoccupied and upset.

Mr. JACKSON. That was on Sunday that he sounded preoccupied?

Mrs. CARLIN. Yes; he sounded distant. In other words, I called him back
twice.

Mr. HUBERT. You called him back twice on Sunday?

Mrs. CARLIN. Yes; I am talking about when he was talking to me. I would
say, “Jack, are you still there?” Or “Jack,” to get his attention back.
He seemed like he was busy.

Mr. HUBERT. I gather from that that when you would speak to him on the
phone, you didn’t get a response, so it gave you the impression that he
wasn’t there?

Mrs. CARLIN. Yes.

Mr. HUBERT. So you would repeat your question?

Mrs. CARLIN. Yes.

Mr. HUBERT. Are there any other parts of this statement that you would
like to make any comments about?

Mrs. CARLIN. No.

Mr. HUBERT. Do I understand that other than the corrections that have
been made, that this statement contains the truth, so far as you know
it?

Mrs. CARLIN. Yes.

Mr. HUBERT. Is there anything you think should be deleted from it?

Mrs. CARLIN. No.

Mr. HUBERT. Now Mrs. Carlin, is there anything else you would like to
say about any aspect that we have been talking about, or any fact that
you might know that you have not heretofore stated to anyone?

Mrs. CARLIN. Nothing that I can think of.

Mr. JACKSON. Excuse me just a minute.

(Mr. Jackson and witness whisper to each other.)

Mr. HUBERT. May I see you a minute, Mr. Jackson?

(Mr. Jackson and Mr. Hubert confer off the record.)

Mr. HUBERT. One more question, Mrs. Carlin. Did anyone ask you or
suggest to you, directly or indirectly, that you make this call on
Sunday morning to Mr. Ruby, or is it that you made this call for the
purpose which you have already stated?

Mrs. CARLIN. The purpose of the call was for which I have already
stated.

Mr. HUBERT. No one suggested that you make it?

Mrs. CARLIN. Jack told me to call him the following day.

Mr. HUBERT. But other than Jack no one else did?

Mrs. CARLIN. No.

Mr. HUBERT. All right, Ma’am, I think that is all.

Mrs. CARLIN. There is one thing I would like to clear up, what I said a
while ago. A while ago you asked me did Jack Ruby make a pass. It was
not a pass, it was just asking me. It was not kissing or anything like
that.

Mr. HUBERT. I don’t think I asked you that question. I think Mr.
Jackson did.

Mr. JACKSON. In other words, he just asked you for a date, is that
right?

Mrs. CARLIN. Yes.

Mr. JACKSON. And you refused him?

Mrs. CARLIN. Yes.

Mr. JACKSON. And that is the only time he ever made any advances toward
you whatsoever?

Mrs. CARLIN. That’s right.

Mr. HUBERT. Now we have the transportation to take Mrs. Carlin back if
she would like to go right away.

Mr. JACKSON. Do you want to go right now?

Mrs. CARLIN. I will wait until Bruce gets through.

Mr. HUBERT. If you want, you can sit right where you are.

Mrs. CARLIN. Okay.



TESTIMONY OF DOYLE E. LANE

The testimony of Doyle E. Lane was taken at 12:05 p.m., on March 31,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. Mr. Lane, my name is Leon Hubert, I am a member of the
advisory staff of the General Counsel on the President’s Commission.
Under the provisions of Executive Order 11130, dated November 29,
1963, the Joint Resolution of Congress No. 137, and the rules of
procedure adopted by the Commission in conformance with the Executive
order and the resolution, I am authorized to take a sworn deposition
from you, Mr. Lane. I state to you now that the general nature of
the Commission’s inquiry is to ascertain, evaluate, and report upon
the facts relating to the assassination of President Kennedy and the
subsequent violent death of Lee Harvey Oswald. In particular, as to
you, Mr. Lane, the nature of the inquiry today is to determine what
facts you know about the death of Oswald and any other pertinent facts
you may know about the general inquiry. Particularly the sending of the
Western Union telegram. Now, Mr. Lane, you have appeared here today by
virtue of a letter sent to you, I believe, by Mr. J. Lee Rankin.

Mr. LANE. That’s correct.

Mr. HUBERT. That letter was received by you prior to 3 days from today,
was it not?

Mr. LANE. It was.

Mr. HUBERT. All right. Now, will you stand, sir, and raise your right
hand and be sworn. Do you solemnly swear to tell the truth, the whole
truth, and nothing but the truth, so help you God?

Mr. LANE. I do.

Mr. HUBERT. State your full name, please.

Mr. LANE. Doyle E. Lane.

Mr. HUBERT. Your age?

Mr. LANE. Thirty-five.

Mr. HUBERT. Where do you live, sir?

Mr. LANE. Dallas, Tex. 6549 Lake Circle.

Mr. HUBERT. What is your occupation?

Mr. LANE. Clerk, Western Union.

Mr. HUBERT. How long have you been so occupied?

Mr. LANE. Eleven years.

Mr. HUBERT. What particular function do you have, as clerk?

Mr. LANE. Well, I’m a senior delivery clerk is what I am.

Mr. HUBERT. What particular office do you work for?

Mr. LANE. Work for the office at 2034 Main, Dallas, Tex.

Mr. HUBERT. Is that the main office of the Western Union here?

Mr. LANE. Yes; it is.

Mr. HUBERT. Were you on duty on the morning of November 24, 1963?

Mr. LANE. Yes; I was.

Mr. HUBERT. Did you see a man by the name of Jack Ruby that day?

Mr. LANE. Yes; I did.

Mr. HUBERT. Did you know him prior to that time?

Mr. LANE. I had known him through patronage.

Mr. HUBERT. In other words, when he came into the Western Union office
that day you recognized him as Jack Ruby, a man with whom you had done
Western Union telegraph business?

Mr. LANE. When he handed me the money order. I did not see him come in.
I do not know when he came in.

Mr. HUBERT. Will you just state in your own words what transpired
between you and Jack Ruby on the morning of November 24, 1963?

Mr. LANE. Well, he came to the counter and handed me the money order
to be sent. I rated the money order and put the necessary transmission
marks on it. Wrote out a receipt for the money he handed me and I
believe it was $30, to pay for the money order. I handed him back his
receipt and his change. He turned around and walked out the door.

Mr. HUBERT. The first time you saw him, therefore, is when he came
up to the counter with a completed--partially completed form for the
transmission of money by Western Union?

Mr. LANE. That is the first I had seen him that day.

Mr. HUBERT. Therefore, you don’t know how long he was in the office?

Mr. LANE. I have no idea.

Mr. HUBERT. Prior to the time he came up.

Mr. LANE. I have no idea.

Mr. HUBERT. Is there a public telephone available to anyone who is in
the lobby?

Mr. LANE. Yes, there is.

Mr. HUBERT. Did you see him use the telephone?

Mr. LANE. I did not.

Mr. HUBERT. On that morning, was there any kind of radio, or TV in the
Western Union office, whereby a person in that office could have heard
the news concerning the pending transfer of Oswald from the city hall
to the county jail?

Mr. LANE. Not in the office; no.

Mr. HUBERT. No one had a small radio or transistor?

Mr. LANE. The messenger boy had a transistor, but he was out
delivering, and he did not get back until 10 or 15 minutes after that.

Mr. HUBERT. There was no radio or television audible or visible to
anyone in the Western Union office at the time Jack Ruby was there?

Mr. LANE. No, there was not.

Mr. HUBERT. Mr. Lane, I am marking two documents, which have already
been identified by Mr. W. W. Semingsen, president--vice president
of the Western Union Telegram Co., when his deposition was taken by
Mr. Wesley J. Liebeler, a member of the staff of the President’s
Commission. On the first document I have marked “Dallas, Texas, March
31, 1964. Exhibit 5118, Deposition of Doyle Lane.” I have placed my
name under this language. It purports to be a photostatic copy of the
original which Mr. Semingsen produced at his deposition. In order that
the record may show that you and I are both talking about the same
document, I ask you to put your name below mine on this document. Now,
I am marking the other document as follows: “Dallas, Texas, March 31,
1964. Exhibit 5119, Deposition of Doyle Lane,” and signing my name on
that, and ask you to put your name on it so that the record may show
that we are talking about the same document. Now, I ask you to look at
Exhibit 5118, and state for the record what that document is.

Mr. LANE. This is a money order application filed to send money. $25.
Karen Bennett, Fort Worth, Tex., from Jack Ruby.

Mr. HUBERT. I notice that there are several handwritings on that, and,
of course, you will identify your own in a moment. Can you state for
the record what handwriting was on that, or what was on that document
at the time it was handed to you by Ruby?

Mr. LANE. “25.00 Karen Bennett. Will call. Fort Worth. Jack Ruby.”

Mr. HUBERT. That all seems to be printed?

Mr. LANE. That is printed; yes.

Mr. HUBERT. Did you see Ruby write it out?

Mr. LANE. No; I did not.

Mr. HUBERT. But he did hand it to you in that form?

Mr. LANE. He did.

Mr. HUBERT. Did he give you money at the same time?

Mr. LANE. Yes, sir; he did.

Mr. HUBERT. Do you remember how much?

Mr. LANE. $30.

Mr. HUBERT. Do you recall whether he took it out of his wallet, or a
roll of money, or what?

Mr. LANE. He took it from several bills in his hand.

Mr. HUBERT. What denominations were the bills that he handed to you?

Mr. LANE. A $20 and a $10 bill.

Mr. HUBERT. Now, would you state what you did with reference to this
transaction?

Mr. LANE. You mean my markings?

Mr. HUBERT. Your markings and your actions, yes.

Mr. LANE. Well, when he handed me this I rated the money order.

Mr. HUBERT. You did what?

Mr. LANE. The charges.

Mr. HUBERT. Rated, [spelling] R-a-t-e-d?

Mr. LANE. Yes.

Mr. HUBERT. What does “rated” mean?

Mr. LANE. It is actual money order charges that we charge to transmit
this money to its destination.

Mr. HUBERT. Is that rating process indicated by you on that Exhibit
5118?

Mr. LANE. Yes; it is.

Mr. HUBERT. Where?

Mr. LANE. In that top right-hand corner.

Mr. HUBERT. Whose handwriting is that in?

Mr. LANE. That is my handwriting.

Mr. HUBERT. What figures are you talking about?

Mr. LANE. “$25.55, the $1.20, and 12 cents tax. $26.87.”

Mr. HUBERT. So, you did give him change?

Mr. LANE. Yes; I did.

Mr. HUBERT. I notice that in the printed message there are the words,
“Fort Worth,” scratched out, and something, who wrote that?

Mr. LANE. I wrote that. It was spelled wrong to begin with, and I wrote
that for this purpose. We have to have a full destination in the body
of a money order. He just used Fort Worth.

Mr. HUBERT. So, that you scratched out the “F.” W-o-r-t-h, and then
wrote in your own handwriting Fort Worth, Tex.?

Mr. LANE. Fort Worth, Tex.

Mr. HUBERT. And you identify your own handwriting, sir?

Mr. LANE. Yes.

Mr. HUBERT. I notice in the bottom right-hand corner of Exhibit 5118,
the words and figures as follows: “1312½ Commerce.” Whose handwriting
is that?

Mr. LANE. It is mine.

Mr. HUBERT. Where did you get the information?

Mr. LANE. From Mr. Ruby.

Mr. HUBERT. You asked him?

Mr. LANE. I said, “Your address?” And he gave me his address.

Mr. HUBERT. I notice that there apparently is a time stamp on the top
of this document that says, “1963, November 24, a.m. 11:17.” Would you
explain what that is?

Mr. LANE. That is the time that money order was accepted for
transmission at the counter.

Mr. HUBERT. Now, explain when and how that stamp is placed--placed upon
that document?

Mr. LANE. This stamp was placed here when I handed Mr. Ruby back his
receipt for his money and his change, because in our language that is
the--accepting a money order for transmission at that time.

Mr. HUBERT. In other words, that was not stamped when Mr. Ruby first
came to begin the transaction?

Mr. LANE. No; it was not.

Mr. HUBERT. It was required that you do what you said you have done
concerning the document, to make the correction about “Fort Worth,” to
do the rating?

Mr. LANE. Right.

Mr. HUBERT. And did you write out the address at the bottom?

Mr. LANE. Yes.

Mr. HUBERT. And to make the change and give it to him?

Mr. LANE. Yes.

Mr. HUBERT. In other words, the 11:17, therefore, represents the moment
when the transaction was over?

Mr. LANE. When it is completed.

Mr. HUBERT. And actually, it could have begun a few moments or minutes
before?

Mr. LANE. A minute or so.

Mr. HUBERT. Now, I wish you to explain for the record what kind of a
timeclock this is. And what steps are taken by the Western Union Co.
locally and nationally to assure the accuracy of that timeclock?

Mr. LANE. This timeclock is set up on a national level. Hooked up with
the U.S. Naval Observatory in Washington, D.C. And at 11 a.m., each
day, all clocks stop and all time is synchronized. The timeclock we
have on the counter rotates on a minute basis. It could be 1 minute,
you know, either way. I think back----

Mr. HUBERT. Well, now, the particular timeclock that was used to stamp
this machine, is that the master clock--I mean to stamp this document,
is this the master clock?

Mr. LANE. No; it is not.

Mr. HUBERT. What clock is synchronized to Naval Observatory Time?

Mr. LANE. It is the clock in the P&R office, there for the purpose of
having somebody to check it and make sure it is accurate.

Mr. HUBERT. Is it the custom of the company to have all of the master
clocks throughout the Nation synchronized each day at 11 o’clock?

Mr. LANE. It is. It very definitely is. Our business is built on the
time basis.

Mr. HUBERT. Now, how is the particular timeclock which was used to
stamp the time on Exhibit 5118 synchronized to the master clock in
Dallas?

Mr. LANE. When the master clock is set by the Naval Observatory Time,
at the same time our master clock here synchronizes all our timeclocks.

Mr. HUBERT. Is that done automatically?

Mr. LANE. It is done automatically.

Mr. HUBERT. Are you willing to state, therefore, that from your
knowledge of how time and timeclocks throughout the Western Union
system are set, that at 11 o’clock on November 24th, the master clock
in Dallas and the particular timeclock used to stamp Exhibit 5118, were
all synchronized on Naval Observatory Time?

Mr. LANE. Yes; they were.

Mr. HUBERT. Now, I show you a document which, for the purpose of
identification, I have marked, “Dallas, Texas, Exhibit 5119,” already
identified by you, and your name appears on it, and ask you to tell me
what that is?

Mr. LANE. This is a copy of the original receipt that I wrote for Jack
Ruby.

Mr. HUBERT. That is in your handwriting?

Mr. LANE. That is my handwriting.

Mr. HUBERT. What happened to the original itself?

Mr. LANE. The original is given to the customer. It was given to Mr.
Ruby.

Mr. HUBERT. Do you remember giving it to him?

Mr. LANE. Yes; very definitely.

Mr. HUBERT. Was that document given to him when the change was given to
him?

Mr. LANE. When the change was given back, his receipt was given back at
the same time.

Mr. HUBERT. I notice that document also bears a time at the top of it.
What time does it show?

Mr. LANE. 11:17.

Mr. HUBERT. When did you say it was stamped or would you say it was
stamped at the same time as Exhibit 5118?

Mr. LANE. Yes.

Mr. HUBERT. In the normal course of business, which one would be
stamped first?

Mr. LANE. There would be no first. We stamp them at the same time.

Mr. HUBERT. But, it takes two different actions.

Mr. LANE. Not fully.

Mr. HUBERT. No? Do you mean----

Mr. LANE. We have carbons. See, like on this receipt. That is a carbon
receipt. Well, you would stamp it one--or both could be stamped at the
same time.

Mr. HUBERT. But, both have to actually be put in the machine, don’t
they?

Mr. LANE. Right.

Mr. HUBERT. I notice the times on those documents are in terms of
minutes.

Mr. LANE. Yes.

Mr. HUBERT. There is nothing to indicate the fractions of minutes
involved?

Mr. LANE. No.

Mr. HUBERT. Would you be willing to say that the time that these
transactions took place could not have been earlier than 11:17 a.m., of
November 24, nor later than 11:18?

Mr. LANE. Yes; I would be willing to state that.

Mr. HUBERT. But, you can’t tell whether it would be 11:17 and a half or
something of that sort?

Mr. LANE. No.

Mr. HUBERT. You do know that the clock mechanism had turned already to
11:17, but it had not yet turned to 11:18?

Mr. LANE. That’s correct.

Mr. HUBERT. After you had handed Mr. Ruby his change and the original
receipt, of which 5119 is a copy, what did he do?

Mr. LANE. He turned immediately from the counter, went through the door
and went out and turned to the left.

Mr. HUBERT. How much distance is there between the counter and the door?

Mr. LANE. Oh, approximately 8 or 10 feet.

Mr. HUBERT. Now, he went out the door that opened on Main Street?

Mr. LANE. Yes, sir.

Mr. HUBERT. And he turned to his left?

Mr. LANE. To the left as you are facing the street.

Mr. HUBERT. In what direction would he then--towards what street would
he then be going?

Mr. LANE. Toward Harwood Street.

Mr. HUBERT. Did he stay any appreciable length of time in the office
after you had handed him the change and the receipt?

Mr. LANE. No, he did not spend anytime--he went straight to the door.

Mr. HUBERT. He simply accepted the change and the receipt. Do you know
what he did with them?

Mr. LANE. I have no idea. I mean, he had them in his hand.

Mr. HUBERT. He didn’t put them in his pocket?

Mr. LANE. Not immediately.

Mr. HUBERT. You didn’t see him put them in his pocket?

Mr. LANE. No, I did not.

Mr. HUBERT. Could you observe him after he left the office and turned
to his left?

Mr. LANE. No, after he turned he would be out of sight--the shades were
drawn on that side, and I just saw him turn, and that was the last I
saw of him.

Mr. HUBERT. Did he seem to be walking fast, slow, medium?

Mr. LANE. Just ordinary gait.

Mr. HUBERT. Now, I notice on Exhibit 5118, another time, which seems to
be 1963, November 24, p.m., 12:26. What does that mean?

Mr. LANE. That is the time that the money order was put into the wire
in the upstairs office----

Mr. HUBERT. Well, explain what you do after the application is
accepted, the money received, the change given back, the receipt given
to the customer?

Mr. LANE. I put it in a tube, suction tube that takes it directly
upstairs to be transmitted.

Mr. HUBERT. Do you endorse anything on the application at that time?

Mr. LANE. I endorse nothing. I have done all that before.

Mr. HUBERT. I see. “MOD,”----

Mr. LANE. “MOD,” is a transmission mark.

Mr. HUBERT. That is your handwriting?

Mr. LANE. Yes, it is.

Mr. HUBERT. What is the significance?

Mr. LANE. Money Order Department, Fort Worth from Money Order
Department, Dallas.

Mr. HUBERT. That is done before it is stamped by the clock?

Mr. LANE. Before it is stamped.

Mr. HUBERT. Now, once you put it in the tube, that is the end of it, as
far as you are concerned?

Mr. LANE. Right.

Mr. HUBERT. Do you know from your experience in your 10 or 12 years
employment with Western Union what happens when it gets upstairs?

Mr. LANE. Yes, sir; it is removed from the tube, put on a sending
position, and sent. This day it was different because of the press.
Press releases coming in immediately, and many of them, so, it was
delayed quite a while. Ordinarily, it is about 20 minutes from here to
Fort Worth.

Mr. HUBERT. But, that stamp on 5118, is the Dallas time of----

Mr. LANE. Time it was actually transmitted here in Dallas.

Mr. HUBERT. Does that work on the same clock system that you were
speaking of before?

Mr. LANE. A different machine, but synchronized, by the same master
clock.

Mr. HUBERT. Now, you mentioned something about a lot of press releases
coming in which delayed the message a little bit. Those press releases
were being handled upstairs, were they?

Mr. LANE. Most of them were.

Mr. HUBERT. Were any being handled downstairs?

Mr. LANE. Well, reporters, running in there with scribbled notes.

Mr. HUBERT. What I am trying to get at, do you recall whether any
reporters came in with any kind of notes, or saying anything during the
time that Jack Ruby was there, which would have indicated to Ruby that
the transfer of Oswald was imminent?

Mr. LANE. Oh, no. There was, as I recall--like I say, I don’t always
notice who comes in that office, because it is a stopping place for
everyone, but as I remember, my previous customer, before Jack Ruby,
turned around and left after the transaction. Ruby came up and was
right there. He just handed me the money order, apparently he had come
in while I was waiting on the other customer, because I believe there
were only the two in the office.

Mr. HUBERT. After the first customer left, there was only you and Ruby
at the counter?

Mr. LANE. Yes.

Mr. HUBERT. You don’t remember anybody coming in?

Mr. LANE. Well, there was nobody between that time.

Mr. HUBERT. Well, do you remember anybody coming in while Ruby was
there indicating in any way whatsoever that the transfer of Oswald was
going to happen very shortly?

Mr. LANE. Oh, no, no.

Mr. HUBERT. Were you aware at any time between 10:30 and 11:20 that
an armored car had driven up and been placed in the Commerce Street
entrance of the jail?

Mr. LANE. No, I was not.

Mr. HUBERT. Is it possible for an individual who has a telephone, to
send money by use of a telephone instead of filing an application
personally and paying over the money in cash?

Mr. LANE. Not an individual. Not just the ordinary telephone subscriber
is not.

Mr. HUBERT. I gather from your answer that in certain instances it is
possible.

Mr. LANE. It is possible by prearrangement only.

Mr. HUBERT. Would you explain just what that would mean?

Mr. LANE. Ordinarily a prearrangement is a money deposit--deposit with
Western Union a certain sum of money and they are usually companies. In
fact, most of ours are companies that make these deposits in order that
they can phone that money order to be sent, we have money on deposit,
we send it.

Mr. HUBERT. It is a prepaid money order?

Mr. LANE. A prepaid arrangement.

Mr. HUBERT. All that happens over the telephone is the request that
money already made on deposit be sent to a certain address?

Mr. LANE. Yes.

Mr. HUBERT. Is it possible to do it that way when no money is placed on
deposit?

Mr. LANE. Only on a prearranged basis. Sometimes we won’t require
deposits if they are legitimate companies and a good credit rating with
us.

Mr. HUBERT. Do you know if Jack Ruby had any such arrangement?

Mr. LANE. No; he did not.

Mr. HUBERT. Is it normal for any individual to have it?

Mr. LANE. No; it is very seldom. In fact, we don’t even have any in
Dallas, individuals.

Mr. HUBERT. Only companies?

Mr. LANE. Only companies.

Mr. HUBERT. Have you any kind of security device to be sure that the
person calling is really authorized to be sending the money either on
deposit or to be charged?

Mr. LANE. Every money order called in is confirmed by telephone with
certain individuals within the firm.

Mr. HUBERT. That is by prearrangement also?

Mr. LANE. That is by prearrangement.

Mr. HUBERT. Do you know what system is used by the Western Union Co.,
from your experience with the company during your tenure of employment
with them in connection with the payment of money to the addressee?
What is the normal system? What usually happens?

Mr. LANE. Well, that depends on whether he comes into the office or
not. In this instance the girl had identification as required. They
have--the paying clerk has to be satisfied within his or her own mind
that the individual they are talking to is the correct person, and like
I say, identification is required.

Mr. HUBERT. Well, how does the Western Union office at the receiving
end get the information about paying money?

Mr. LANE. It is transmitted over the wires to the receiving end,
stating the amounts to be paid, the person to be paid to, the person’s
address if they sent it, and the person it is from.

Mr. HUBERT. Now, when that is received, is a check written out payable
to that person, or how is it handled?

Mr. LANE. If it is to be delivered a Western Union check is written.
If it is to be picked up a cash receipt copy is made out and attached
to the money, and when the person comes in and gives them the
identification required, asks them the required questions, such as,
“How much are you expecting? Who is it from? Where is it from?” They
have to answer those questions.

Mr. HUBERT. And is any identification of the individual required?

Mr. LANE. Yes; it is very definitely personal identification.

Mr. HUBERT. Now, what system is used by way of timing the various
transactions on the receiving end?

Mr. LANE. On the receiving end, whenever the telegram is received in
the receiving office, it is time stamped.

Mr. HUBERT. It is time stamped by use of the same kind of machine that
you have identified before?

Mr. LANE. That we used before.

Mr. HUBERT. Synchronized to the national time?

Mr. LANE. That is correct, and also timed at the time of payment. Time
you actually give the addressee the money.

Mr. HUBERT. Stamped with the same clock?

Mr. LANE. Yes.

Mr. HUBERT. By the way, all of this time that we have been speaking of
is central standard time?

Mr. LANE. Central standard time; yes.

Mr. HUBERT. Have you anything else, Mr. Lane, that we have not covered?

Mr. LANE. No; I can’t think of anything that we haven’t covered.

Mr. HUBERT. Have you been interviewed by any member of the Commission’s
staff other than myself prior to the taking of this deposition?

Mr. LANE. No; I have not.

Mr. HUBERT. Now, there was an interview between you and me, was there
not, just before the beginning of this deposition?

Mr. LANE. Well, that is correct, sir.

Mr. HUBERT. Have we covered in this deposition everything that we
talked about in the course of the interview?

Mr. LANE. Yes; we have.

Mr. HUBERT. Have you--has there been anything of a material nature
at all covered in the interview which has not been covered in this
deposition?

Mr. LANE. Not a thing that I can think of.

Mr. HUBERT. Thank you very much.



TESTIMONY OF ELNORA PITTS

The testimony of Elnora Pitts was taken at 2:40 p.m., on March 31,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Elnora Pitts.

Mrs. Pitts, my name is Leon Hubert.

Mrs. PITTS. Yes, sir.

Mr. HUBERT. I am a member of the advisory staff of the General Counsel
for the President’s Commission on the Assassination of President
Kennedy.

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Under the provisions of Executive Order 11130, dated
November 29, issued by President Johnson----

Mrs. PITTS. Yes, sir.

Mr. HUBERT. And by a Joint Resolution of Congress No. 137, and the
rules of procedure adopted by the President’s Commission in conformance
with the Executive order and the joint resolution, I have been
authorized to take the sworn deposition from you today.

I say to you that the general nature of the Commission’s inquiry is
to ascertain, evaluate, and report upon the facts relating to the
assassination of President Kennedy and to the subsequent violent death
of Lee Harvey Oswald. And in particular, as to you, Mrs. Pitts, the
nature of the inquiry today is to determine what facts that you know
about the death of Oswald and any other pertinent facts you may know
about the general inquiry, particularly those facts concerning Jack
Ruby.

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Now, I think you are appearing here as a result of a letter
sent to you by J. Lee Rankin?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. General Counsel of the Commission. You have received that
letter, haven’t you?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. That letter was received more than 3 days from today?

Mrs. PITTS. Yes, sir; it was--it must have been longer than that.

Mr. HUBERT. Sometime last week?

Mrs. PITTS. But, the man there, Mr. Sorrels----

Mr. HUBERT. Mr. Sorrels?

Mrs. PITTS. They called me and talked with me and called me again and
told me to come today.

Mr. HUBERT. But, the letter was received more than 3 days ago?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Because 3 days ago would be last Saturday, and it was
received before that, wasn’t it?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Would you mind rising and taking the oath? Raise you right
hand, please.

Do you solemnly swear to tell the truth, the whole truth, and nothing
but the truth, so help you God?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. All right. For the record, will you state your name.

Mrs. PITTS. My name is Elnora Pitts.

Mr. HUBERT. I understand that you are a widow?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. And your husband’s name was what?

Mrs. PITTS. McKinley.

Mr. HUBERT. And he has been dead how long?

Mrs. PITTS. Well, it has been a long time. Just exactly the date, I
don’t know.

Mr. HUBERT. You have not remarried?

Mrs. PITTS. No, sir.

Mr. HUBERT. What was your maiden name, before you married?

Mrs. PITTS. Elnora Magee.

Mr. HUBERT. Magee. How old are you, Mrs. Pitts?

Mrs. PITTS. Well, I was born 1903. That makes me about 60, don’t it?

Mr. HUBERT. Where do you live?

Mrs. PITTS. I live at 1316 East Jefferson.

Mr. HUBERT. Dallas?

Mrs. PITTS. Yes, sir; Oak Cliff.

Mr. HUBERT. Oak Cliff?

Mrs. PITTS. Yes.

Mr. HUBERT. What do you do for a living, Mrs. Pitts?

Mrs. PITTS. I work in apartment houses.

Mr. HUBERT. In apartment houses?

Mrs. PITTS. Yes.

Mr. HUBERT. What kind of work do you do?

Mrs. PITTS. That is cleaning. Cleaning, you see, from one apartment to
another but I don’t----

Mr. HUBERT. You work in several apartment houses?

Mrs. PITTS. I go--I don’t work everyday. When they call me I go; yes;
and then I have some regulars.

Mr. HUBERT. In other words, some apartments that you clean everyday, or
every week, or certain times?

Mrs. PITTS. Certain time every week.

Mr. HUBERT. Do you know Mr. Jack Ruby?

Mrs. PITTS. Yes, sir. I know him, but----

Mr. HUBERT. How long have you known him?

Mrs. PITTS. Well, now, that, I would have to get the real information
on Mr. David, Glen David, that was the manager of the apartments
there. He was with me down here on Ewing, Mr. David was, and then they
transferred me on over to another apartment on Ewing where this Jack
Ruby lived, so, just to tell the truth how long that I worked for Mr.
Ruby somewhere--so--along 8 or 9 or maybe 10 months.

Mr. HUBERT. How often did you go to his apartment?

Mrs. PITTS. I went one part of a day. On--I first started going to him
on Tuesday, and then he said that was because he hadn’t cleaned it in
a long time, and it was in a bad shape, so he paid me 7½ to clean it
the first time, and so, next time he paid me $4 and give me busfare and
then he said to me, said, “Well, it is getting pretty dirty,” said,
“I’m going to give you a little raise now today,” and I said, “All
right.” So, the next time he give me 5½. From then on he pay me 5½.

Mr. HUBERT. That is for how much time?

Mrs. PITTS. Until then I was going on Tuesday. Then he changed it then
until Saturday and from Saturday to Sunday. He says he had company and
wanted it fresh and clean on Sunday, and asked me if I would come on
Sunday morning and I told him, “Yes,” so that is why I called him that
Sunday morning, because that was my time to go, because I had something
to do at home before I went, so then I didn’t go.

Mr. HUBERT. So, as of November 24, 1963, it was your custom to go there
on a Sunday morning?

Mrs. PITTS. Yes, sir; I guess that was the time when he done his
killing, was it?

Mr. HUBERT. Well, November 24 is the day that Oswald was shot.

Mrs. PITTS. Uh-huh. Well, then I called him on the next Sunday----

Mr. HUBERT. Let me get this----

Mrs. PITTS. Okay.

Mr. HUBERT. Had you been going to him regularly on Sundays before?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. You always called?

Mrs. PITTS. I called--called him, and always called the manager because
I went once and I didn’t call so they had to do something in there, and
he had a dog, and I was scared of this dog, so, the manager, she was
there, and she said, “Well, I will lock the dog in the bathroom,” and I
said, “No; I don’t work that way. I will just go back home.”

So, the next time I didn’t call and she was gone and he was gone, too,
and I--from then on I always called.

Mr. HUBERT. And you called about what time in the morning?

Mrs. PITTS. Well, just different times, but that morning I don’t know
what time it was that I called. I know that it was 8:30, or might have
been later than that. I really don’t know for--I didn’t look at the
clock.

Mr. HUBERT. That morning--what morning do you mean?

Mrs. PITTS. I think it was Sunday morning, you know, when you was
saying about----

Mr. HUBERT. When Oswald was shot?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Now, you do remember that Oswald was shot----

Mrs. PITTS. Yes, sir.

Mr. HUBERT. It was on Sunday?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. And you do know that Mr. Ruby was accused of shooting Mr.
Oswald and was tried, as a matter of fact?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. And that is the man we are talking about, is that right?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. And that is the Sunday we are talking about?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. You called in there, as was your custom----

Mrs. PITTS. Yes, sir.

Mr. HUBERT. To do the regular weekly----

Mrs. PITTS. Cleaning.

Mr. HUBERT. Work, and you say you don’t know what time it was?

Mrs. PITTS. No, I don’t, but it was--it was after 8. I know way after
8, and when I called him he said to me, “What do you want?” And I
said----

Mr. HUBERT. Did you recognize his voice?

Mrs. PITTS. Well, I’ll tell you how he talked to me, then I said, “What
do I want?” I says, “This is Elnora.” He says, “Yes, well, what--you
need some money?” And I says, “No; I was coming to clean today.”

“Coming to clean?” Like you know, like he just----

Mr. HUBERT. In other words, when you told him that you were coming to
clean he seemed to express some surprise, is that it?

Mrs. PITTS. Yes, sir; like he didn’t know that I was going to come and
clean.

Mr. HUBERT. Did he recognize you?

Mrs. PITTS. I don’t know if he did or not. And I says to him again, I
says, “This is Elnora.” And he says, “Well, what do you want?” And I
said, “Well, I was coming to clean today.”

“You coming now?” And I says, “No.”

Mr. HUBERT. He asked you then, “Are you coming now?”

Mrs. PITTS. Yes, sir; and then I says, “No.” And he says, “Well, what
you got to do?” And I says, “I have got to go to the store for the
children.” I always goes to the store for the children before I come to
work whenever I come. He says, “Well,”--I says, “You seem so funny to
me.” And I says, “Do you want me to come today?” And he says, “Well,
yes; you can come, but you call me.” And I says, “That’s what I’m doing
now, calling you so I won’t have to call you again.” And he says, “And
you coming to clean today?” And I said, “Yes.” Well, he sounded so
strange to me but I still wouldn’t say nothing to him. I just stopped
another few minutes, and I said, “Who am I talking to? Is this Mr. Jack
Ruby?” And he said, “Yes. Why?” And I said, “Oh, nothing.” But he just
sounded terrible strange to me, so, I said, “Well, I’ll call you.” And
he says, “But, I don’t see why I called you.” And he said, “Yes, so I
can tell you where the key will be and the money.” And I said, “Okay.”
So, I hung up.

Mr. HUBERT. Did you arrange a time to go then?

Mrs. PITTS. He told me to call him before I come.

Mr. HUBERT. Did he tell you what time?

Mrs. PITTS. I told him that I would be there before 2 and he says for
me to call him.

Mr. HUBERT. Did he suggest 2 o’clock?

Mrs. PITTS. No; I did.

Mr. HUBERT. What did he say when you suggested 2?

Mrs. PITTS. He said, “Why so late?”

Mr. HUBERT. And what did you say?

Mrs. PITTS. I told him, said, “Well, I have got to go to the store, and
I have got some things to do.”

Mr. HUBERT. Did you tell him you had some cleaning to do?

Mrs. PITTS. Yes, sir; I had some cleaning to do, straightening up.

Mr. HUBERT. Did he agree that 2 o’clock would be all right?

Mrs. PITTS. No; he didn’t seem to think that 2 o’clock was all right.

Mr. HUBERT. But he asked you to call him?

Mrs. PITTS. Yes, sir; he asked me to call him.

Mr. HUBERT. Did he ask you to call him at 2 or what?

Mrs. PITTS. No; he says, “You call me before 2,” that is what he says.
He says, “Be sure you call me.” To call before 2, “Before you come.” He
says, “You call me before 2, before you start,” and I says, “Well, what
I have to call you again for?” And he says, “Well, so I can tell you
where the key is and the money.” And I said, “Uh-huh.”

So, before I could, you know, hang up, he says, “Be sure and call me.”
“Did you say you was coming in today?” And I said, “Yes.” And when he
said that, that’s when it kind of scared me, so, I just hung--I say,
“okay,” and I hung up.

Mr. HUBERT. What were you scared about?

Mrs. PITTS. The way he talked. He didn’t talk like--he never did sound
like hisself to me.

Mr. HUBERT. Are you sure you were talking to him?

Mrs. PITTS. Well, I guess so.

Mr. HUBERT. Had you ever talked to him before on the telephone?

Mrs. PITTS. Yes, it sounded like him in one way, and when he went to
talking, you know, just saying the same thing two or three times, that
is what--that is when I asked him, you know, if I was talking to Mr.
Jack Ruby.

Mr. HUBERT. So, there was some doubt in your mind as to whether it was
Jack Ruby?

Mrs. PITTS. Yes, sir. It was a doubt in something wrong with him the
way he was talking to me. Other things--times I would have, you know,
just laid my work down and went ahead on.

I called my daughter and told her, and she said, “Well, are you going
over there now?” And, “No; he don’t sound right to me over the phone. I
am going to wait.”

Mr. HUBERT. What I want to get at is this, whether or not you can say
it was Jack Ruby that you were talking to but that he seemed different?

Mrs. PITTS. Yes, sir; that was him.

Mr. HUBERT. Or whether or not he seemed so different that you were not
sure that it was Jack Ruby?

Mrs. PITTS. Yes, sir. It was him. I’m sure of that, but then he just
was indifferent. He sure did talk indifferent; yes, sir. He sure did.

Mr. HUBERT. Now, did he tell you that he was going out, or that he
would be back around 2?

Mrs. PITTS. Said he was going out, he would try to be back by 2. That
is what he told me. He says, “You call me before.” That is what he told
me.

Mr. HUBERT. Did he tell you when he was going out, Mrs. Pitts?

Mrs. PITTS. No, sir; didn’t tell me, says, “I am going out.” That is
what he says, and I says to him, I says, “If you are going to have
company or something”--I says, “I can wait and come tomorrow.” He said,
“Oh, no; you come on.”

Mr. HUBERT. Can you fix a little better for us the time that this
conversation took place?

Mrs. PITTS. It was after 8 o’clock, was way after 8, but just to tell
the truth----

Mr. HUBERT. You say “Way after 8,” you mean way after 8 on the way to 9?

Mrs. PITTS. Well, I imagine somewhere around 8:30, then, I guess it was.

Mr. HUBERT. It wasn’t after 9?

Mrs. PITTS. No, sir; it wasn’t after 9.

Mr. HUBERT. How can you be sure about that? Is there anything that you
remember that makes you say it was not before 8 but afterward, and not
before 9?

Mrs. PITTS. Well, the children had the programs on Sundays, and I know
then that they was a, you know, singing, and that is why I know it was
between 8--8:30 and 9.

Mr. HUBERT. That was what I was trying to get at, get something that
you could identify so that you could fix the time that way.

Mrs. PITTS. Yes.

Mr. HUBERT. Did you go to church, perhaps, that day?

Mrs. PITTS. No, sir; I didn’t.

Mr. HUBERT. Children go to church?

Mrs. PITTS. No, sir; they--they was intending to go to church. One--you
see, one, I think, did go to Sunday school, but church.

Mr. HUBERT. What time did he go?

Mrs. PITTS. That one going to Sunday school was ready and gone before
then.

Mr. HUBERT. What time does Sunday school begin?

Mrs. PITTS. Well, Sunday school begins around, I think, 9 o’clock.

Mr. HUBERT. So, he had already gone?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Could you say----

Mrs. PITTS. Have to walk a little piece.

Mr. HUBERT. Well, does that help you to fix the time of the
conversation with Mr. Ruby?

Mrs. PITTS. Well, that program there, that is what I----

Mr. HUBERT. What program was it?

Mrs. PITTS. Something on that KBOX program where those preaching, you
know, and having church there, and that is the reason I said it is
between 8:30 and 9.

Mr. HUBERT. When you first spoke to Mr. Ruby, did he seem to have just
awakened, or what?

Mrs. PITTS. Well, I don’t know know if he----

Mr. HUBERT. Did he say he had just awakened?

Mrs. PITTS. No; I didn’t ask him that.

Mr. HUBERT. Do you know Mr. George Senator?

Mrs. PITTS. I know of him. I cleaned for him twice.

Mr. HUBERT. He lived in the same apartment, or a different one?

Mrs. PITTS. He was living next door to him when I cleaned for him. He
was 206, and Mr. Ruby was 205.

Mr. HUBERT. Let’s see. This apartment that you were going to clean on
November 24, what was the number of it?

Mrs. PITTS. That was Mr. Ruby. In 205.

Mr. HUBERT. Sure it was not 207?

Mrs. PITTS. That is it. He--206. Senator was right next door.

Mr. HUBERT. Next door, or across?

Mrs. PITTS. No; right against Mr. Ruby’s, and, Senator--and Mr. George
Senator was right at--you’re right, 207. I keep saying 205, but it was
207.

Mr. HUBERT. 207?

Mrs. PITTS. Yes.

Mr. HUBERT. Do you know whether or not Mr. Senator and Mr. Ruby were
sharing apartment 207 on November 24, or sometime before that?

Mrs. PITTS. Well, I hadn’t been there in--and seen him. I hadn’t, but
when I had went there and cleaned--started to clean his apartment where
Mr. George used to live, and he had moved out, but when--where did he
move then, I don’t know.

Mr. HUBERT. So, any Sunday you ever went to Mr. Ruby’s apartment, you
don’t know whether Mr. Senator was sharing that apartment or not?

Mrs. PITTS. No; he would come over there when he lived right there next
to him, but, see, when he moved, well, then, I hadn’t been there in a
long time, so, then, I had seven vacant apartments to do just before
this all happened, so, then I----

Mr. HUBERT. Did Mr. Ruby have a two-bedroom apartment?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Had you noticed before that both bedrooms had been occupied
by people, that is to say, by cleaning up, by seeing that the beds had
been slept in and so forth, you can tell when the rooms----

Mrs. PITTS. No; the bed was made. Now, the manager told me, but I
didn’t see him there. Now, the manager told me that they must--this man
Senator had moved over there, but then I didn’t see him there.

Mr. HUBERT. He didn’t pay you?

Mrs. PITTS. No, sir.

Mr. HUBERT. Did you ever talk to Mr. Senator over the phone?

Mrs. PITTS. No, no. I--he called me from his apartment once and talked
to me about coming to clean for him, but he didn’t talk to me, Mr. Ruby.

Mr. HUBERT. Was it possible that the man you spoke to on November 24,
was not Mr. Ruby, but Mr. Senator?

Mrs. PITTS. It sounded like Mr. Ruby, but he just--he started talking
off all right and then he would go, you know, to talking funny to me,
and don’t sound like himself, and hollering and talking loud and that
is something he didn’t ever do.

Mr. HUBERT. You mean kind of mad at you?

Mrs. PITTS. No; it wasn’t mad, but just talking strange, you know how
a person talks strange, kind of. Don’t really understand what they are
really saying, I guess.

Mr. HUBERT. You testified, didn’t you, in Mr. Ruby’s trial?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Had you been interviewed prior to that by his attorney?

Mrs. PITTS. Say had I been what?

Mr. HUBERT. Interviewed prior to your testimony in the trial by his
attorney?

Mrs. PITTS. Yes, sir; by his--Mr. Belli.

Mr. HUBERT. Mr. Belli? He talked to you?

Mrs. PITTS. He talked to me. He come out there and got me when I was
sitting out there waiting. They had--Mr. Burleson was the one that
talks to me over the phone and told me that I had to come down there.

Mr. HUBERT. Did he ask you whether or not his voice was strange?

Mrs. PITTS. They just told me to tell how he talked to me, so, that is
what I did. That is what he said that they wanted to know. So, that is
what I did.

Mr. HUBERT. Do you remember that you were interviewed by Mr. Jack
French, special agent of the FBI, around 2 or 3 days after this
shooting occurred?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Do you recall whether you told Mr. French at that time that
you thought that Mr. Ruby’s voice sounded odd the way you testified
today?

Mrs. PITTS. Yes, sir; I told him that, but he told me what he was
wanting to know if I had seen any books or letters or papers around
there, and that I didn’t ever look, and----

Mr. HUBERT. But you say you told Mr. French that you thought that Mr.
Ruby’s voice was odd like you testified to today?

Mrs. PITTS. Yes, sir; I told him that.

Mr. HUBERT. Did you tell him that, or was the first time that you
testified like that at the time of the Ruby trial?

Mrs. PITTS. Did I do what now?

Mr. HUBERT. I say, are you sure that you told Mr. French about Mr.
Ruby’s strange sounding voice or what----

Mrs. PITTS. I told----

Mr. HUBERT. Or was the first time you testified about that voice at the
time of the trial?

Mrs. PITTS. I told him some of it. He told me he wasn’t interested in
that. He said what he wanted to know if I’d seen a lot of people around
there. I didn’t see, because I wasn’t there every day.

Mr. HUBERT. Was it suggested to you by anyone that you should say that
his voice was strange there?

Mrs. PITTS. Yes, sir; I told him that.

Mr. HUBERT. No; did anybody suggest to you, at anytime that you should
testify that Mr. Ruby’s voice seemed odd that day?

Mrs. PITTS. No, sir; nobody didn’t tell me that, just told me to tell
how he talks to me, so, that is what I did.

Mr. HUBERT. And you had also told that to Mr. French?

Mrs. PITTS. Yes; I told him he sounded funny to me and strange, and
scare me, and there is another reason I didn’t just drop my work at
home and go ahead home, because I could have went on to the store right
there close and--but I wouldn’t do it, because he talked so funny to me.

Mr. HUBERT. You mean you decided at that time that you weren’t going
over there that day?

Mrs. PITTS. I guess when I talked to him--after I hung up I called
my daughter and told her about it, said, “He sure sounded funny to
me.” And, so, she said, “Are you going, mama?” And I said, “No.” And,
directly my little bitty granddaughter, the oldest granddaughter there,
and they says, “Is this name Jack Ruby, Rubinstein, or something?” And
I said, “No; Jack Ruby.” Says, “Well, that news is where--there he done
killed a man.” But I said, “Killed who?” So, she said--“Oswald.” Well,
it didn’t--this Oswald, I don’t know nothing about him, so, I said,
“That isn’t him, because this is Rubinstein. It’s Ruby is what he told
me.” All I ever did know was Jack Ruby, so, I called my daughter again,
and I says to her, I says, “They’ll show that on TV, and they call the
dog Sheba”--there, that’s him, and I said, “You stay there and look and
call me back.”

I still kept working, because I didn’t think it was him, so,
she--directly she called me and says, “Yes.” It is on TV and is a
little, short, heavy man kind of bald-headed, I say, “Yes.” And called
me back and said where he lived, and sure enough, and I said, I knowed
there was something wrong with that man. I didn’t go on over there--and
was glad that I didn’t go. No doubt when--went over there when he was
talking the way he was talking he would turned around there and shot me.

Mr. HUBERT. Explain that a little bit. I don’t think you have told us
much about what he told you. As I understand your testimony he seemed a
little vague, but, he told you to come on and clean but call before?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Then, he told you that he thought he would be back by 2
o’clock?

Mrs. PITTS. He told me be sure and call.

Mr. HUBERT. What was strange about that?

Mrs. PITTS. Well, see, he asked me that two or three times, now, was I
coming over, and what was I coming over there for, and I had to tell
him, and told him that I was coming to work.

Mr. HUBERT. In other words, it was several times, Mrs. Pitts?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. That you had to identify yourself, as it were?

Mrs. PITTS. Yes, sir; I told him who I was and told him, says, “I’m
coming to clean.” See, I had borrowed $25 from him a while back and
paid him the money back, and I thought when he asked me did I want some
money I--and says, “Oh, no; I don’t want to borrow no money today. I am
coming to clean.” Told him coming to clean today. Is so--it’s Sunday,
you’ve always told me to wait until Tuesday and then Saturday, and back
to Sunday, and I says, “And today is Sunday.” And he says, “Oh.” And I
said----

Mr. HUBERT. He says, What?

Mrs. PITTS. He says, “Oh,”--and I says to him, I says, “If you don’t
want me to come on, if you have got somebody--company or something, I
can wait and come tomorrow. I’ll wait and come tomorrow if you say so.”

Mr. HUBERT. Well----

Mrs. PITTS. “No, you come now, but you call me.”

Mr. HUBERT. Well, now, was there anything else peculiar about the
conversation?

Mrs. PITTS. Then, he didn’t seem to know who I were at first. Turned
and says to me, says, “Are you coming over here? What you coming over
here for?” And I says, coming over to clean. I says, “Today is Sunday.”
He says, “well--I didn’t seem to think that I would have to tell him
that.

“Come over to clean I will leave the keys for you and come and start,
and you can come on and clean,” and I said, “Yes, sir.” Well, then, I
was getting arrangements made to start and he turned to me again and
say, “What you coming for?” And I said, “Well, I’m coming to clean and
dust.”

Mr. HUBERT. He said that several times?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Also, some little sound in his voice you think?

Mrs. PITTS. Yes, sir; yes, sir.

Mr. HUBERT. Did you say something about his being kind of rude, now, or
rough?

Mrs. PITTS. No; he hollered and something----

Mr. HUBERT. Hollered?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Hollered? What do you mean?

Mrs. PITTS. And in talking about these things, yes, sir, he says, “What
you--what are you--what do you want?”

Mr. HUBERT. Now, when you say a loud voice like you just raised your
voice right now.

Mrs. PITTS. “What do you want?” and I says, “What you want?” And he
said, “Yes,”--said, “This is Elnora. I was coming to clean.” He says,
“Elnora? Who is Elnora?” Elnora Pitts. He mostly called me Eleanor.

Mr. HUBERT. Did he curse you or anything like that?

Mrs. PITTS. No, sir; he didn’t cuss.

Mr. HUBERT. He just raised his voice and did not understand, you would
have to repeat things several times?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. And that bothered you so that you made up your mind you
weren’t going that day?

Mrs. PITTS. Yes; scared me.

Mr. HUBERT. You were fearful that he might hurt----

Mrs. PITTS. I didn’t think he might hear--that is, he might hurt me,
but I was scared something was wrong with him by him asking me that two
or three times and he never did ask me that. And I always would call
him.

Mr. HUBERT. Go ahead.

Mrs. PITTS. I would always call him and say I would be there. There was
going to be nobody there. At times he would be leaving and take the dog
along because I don’t work where there’s dogs.

Mr. HUBERT. What dog?

Mrs. PITTS. Sheba. I’ve been dog-bit twice so, I am just scared of
dogs, and I don’t go where dogs is in the place, and that is the reason
I refused to go when the manager opened the door for me and told me she
would put him in the bathroom, and I told her I would go on home and
come back again.

Mr. HUBERT. Did he have a gun in that apartment?

Mrs. PITTS. I never did see it. I never did.

Mr. HUBERT. Did he carry a lot of money?

Mrs. PITTS. He did.

Mr. HUBERT. How do you know?

Mrs. PITTS. Well, there would be on the coffee table top, dining room
table, on his dresser, be behind the dresser, on the floor. I would
pick it up and put in those things, brown envelope sacks and sack it
up, and put it on the dresser.

Mr. HUBERT. Lots of money?

Mrs. PITTS. Well, I guess it was right smart, but it wasn’t no--way up
in the hundreds or----

Mr. HUBERT. Rolls of money?

Mrs. PITTS. No; just loose money.

Mr. HUBERT. That was on several times that you noticed that?

Mrs. PITTS. Yes, sir; lots of times, because I refused to clean his
dresser off, and his coffee table, and the manager told me, said, “Jack
Ruby said I had left the coffee table and dresser, and I said,” “Do you
know why?” And say, “No.” “Because he had money laying all over both
the table and on his dresser, and on the table.” And I says--“and I
don’t dust them, because I don’t--by him being a Jewish man, I don’t
want him to say I taken the money, you know. I don’t steal, you know
that.”

Mr. HUBERT. Yes.

Mrs. PITTS. He says, “No.”

Mr. HUBERT. Do you know a man by the name of Andrew Armstrong?

Mrs. PITTS. Now, he had a man staying there with him once.

Mr. HUBERT. Colored man, I am talking about?

Mrs. PITTS. And--oh, Andrew? Well, I seen this Andrews down in the
courthouse. He had called out there several times when I was there,
and----

Mr. HUBERT. While you were working?

Mrs. PITTS. Yes, sir; this Andrews did, and he would ask for Ruby, and
I would tell him, you know, and whenever Ruby come in you tell him that
I am ready to go and he would just say, “Ain’t there some money laying
around?” And I said, “No, he can pay me himself. No, I’d rather for him
to put it out for me himself.”

Mr. HUBERT. You never met Andrew Armstrong?

Mrs. PITTS. I seen him down at the----

Mr. HUBERT. Court?

Mrs. PITTS. Courthouse, yes, sir.

Mr. HUBERT. Did you meet him then?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Had you ever seen him before then?

Mrs. PITTS. No, sir.

Mr. HUBERT. How did you know it was Andrew Armstrong you were talking
to on these previous occasions when you spoke to him on the telephone?

Mrs. PITTS. He told me who he was, Andrews.

Mr. HUBERT. Did you recognize his voice?

Mrs. PITTS. Yes, sir. I recognized his voice when I seen him up there
and somebody called him Andrews, and then----

Mr. HUBERT. So the conversation you had prior to the time Mr. Ruby was
arrested, those conversations with Andrew were all over the phone and
you had never met him before?

Mrs. PITTS. See, I don’t have--I don’t have any conversations with
Andrews since Mr. Ruby been in jail.

Mr. HUBERT. I understand that the conversations you had prior to the
time Mr. Ruby went to jail, with Andrew, were all over the phone and it
was at a time you had never met him before, is that right?

Mrs. PITTS. You mean when I was there working there?

Mr. HUBERT. Yes.

Mrs. PITTS. And he would call and something would be wrong at the club,
and he’d call and say he needed Ruby.

Mr. HUBERT. There?

Mrs. PITTS. That’s right, and I’d say, well, he’s not here.

Mr. HUBERT. You had never met Andrew at that time?

Mrs. PITTS. No, sir.

Mr. HUBERT. But, you recognized his voice and subsequently when you met
him you recognized his voice, too?

Mrs. PITTS. As I--I asked him, I says--somebody called him, and
Andrew--and I said, “Oh,”--I said, “You are the Andrew who used to call
out at the house.” And he says, “Yes.” Thought I was, at first, Alice,
somebody by the name of Alice, and I said, “Elnora.” Oh, yes, I see.

Mr. HUBERT. Do you know a girl by the name of Alice?

Mrs. PITTS. No, sir; I didn’t know her.

Mr. HUBERT. Did she live in the apartment?

Mrs. PITTS. That, I don’t know if she--I guess she must have worked at
the club. I think she worked down at the club. I never did see her.

Mr. HUBERT. Do you know a lady by the name of Alice Nichols?

Mrs. PITTS. No, sir; I don’t know none of them people that worked down
to his place.

Mr. HUBERT. Well, all right. Is there anything else that you know about?

Mrs. PITTS. Sir?

Mr. HUBERT. Is there anything you know about that you haven’t stated to
me?

Mrs. PITTS. No, I never did go to his club. I have never met none of
those people there, and----

Mr. HUBERT. Is there anything that you testified to in court that you
haven’t said here?

Mrs. PITTS. No, sir; nothing. I told you the truth. Just testified the
truth on how he talked to me.

Mr. HUBERT. Your testimony today is about the same as it was in court,
is that right?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Do you know anything else concerning Mr. Ruby that would
throw any light upon why he shot Oswald, if he did, or what his
connection was with Oswald or with anybody else in any manner?

Mrs. PITTS. That is something I do not know.

Mr. HUBERT. You do not know?

Mrs. PITTS. No, sir. I don’t even know this Oswald. I don’t know a
thing in the world about that.

Mr. HUBERT. Do you know a boy by the name of Larry Crafard?

Mrs. PITTS. Well, no.

Mr. HUBERT. Well, I will show you some pictures of a man here taken in
different poses. Have you ever seen that man?

Mrs. PITTS. I don’t think I have, no, sir.

Mr. HUBERT. Let the record show that the witness was shown
several--five pictures of Larry Crafard, also known as Curtis LaVern
Crafard, and after examining them, she stated that she did not know
this man.

Mrs. PITTS. Uh-huh.

Mr. HUBERT. Do I understand that you say you have never seen him at all?

Mrs. PITTS. I don’t think I have. I don’t remember him. He had one
young man that stayed there, kind of tall boy. I don’t know his name,
but I ain’t seen him since Mr. Ruby been in jail down here, and he had
moved over here on--I believe he was--said it was Freeman’s Apartment
House, I believe that is where he lived.

Mr. HUBERT. What was his name?

Mrs. PITTS. I don’t know his name.

Mr. HUBERT. Did he live there?

Mrs. PITTS. Sir?

Mr. HUBERT. Did he live at the apartment?

Mrs. PITTS. The apartment--lived there with Ruby for one while.

Mr. HUBERT. How long ago?

Mrs. PITTS. Well, that was back in December. He was a tall, young
looking boy.

Mr. HUBERT. That is not the man I just showed you the picture of?

Mrs. PITTS. He don’t look like him; no. I don’t know his name. I seen
him there. I seen him one Sunday night. I seen him there and seen him
there once before then, but he didn’t say too much when he come in that
Sunday night. I was getting ready to leave.

Mr. HUBERT. You only saw him twice?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. He was thin, and tall, you say?

Mrs. PITTS. Well, he wasn’t a real thin boy, but he was tall.

Mr. HUBERT. He was tall? How old was he?

Mrs. PITTS. I don’t know just how old he was.

Mr. HUBERT. What made you think he was living there?

Mrs. PITTS. Sir?

Mr. HUBERT. What made you think he was living there?

Mrs. PITTS. This boy said he was. He was working down there at the
club. He told me he was working down there for his room out there.

Mr. HUBERT. Was this a Jewish boy?

Mrs. PITTS. I don’t know. He come from somewhere here and he----

Mr. HUBERT. The Dallas area?

Mrs. PITTS. I guess and he didn’t have no job. He would work there to
pay for his room, is what the boy told me, but I didn’t pay too much
attention to him, because I was getting ready to go.

Mr. HUBERT. You only saw him on two occasions?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Was Mr. Ruby there when you saw him?

Mrs. PITTS. Mr. Ruby, come in when I was getting ready to leave, and
this boy had some--and I think then he was telling the boy to get ready
to go down to the club and I was getting ready to go out the door.

Mr. HUBERT. You fixed that as being in the summertime?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. Then the boy left?

Mrs. PITTS. Yes, sir; he did. I don’t know. I guess it was summertime.
I don’t even know, but it was kind of hot weather. Might have been fall.

Mr. HUBERT. Was he living there at the time Mr. Ruby got in the trouble?

Mrs. PITTS. Oh, goodness no.

Mr. HUBERT. He had left?

Mrs. PITTS. He had been gone a long time. That was in the wintertime.
I don’t even know to tell you how much attention I paid to this
boy. I didn’t even know him when I come out of the drug store and I
said something to one of my middle granddaughters--got a paper and
something, and boy turned around and said, “Hello there.” And I looked
at him, and then he--“Don’t you remember me?” And I said, “Oh, yes, I
believe I do now.” I says, “You was living with Ruby?” And he says,
“Yes, I thought sure you’d remember me.” And I said, “Yes.”

Mr. HUBERT. When was that?

Mrs. PITTS. That was when Ruby had been in the trouble, and he was in
the street, and I come in the drug store, and he was stopping out there
fixing to get into his car.

Mr. HUBERT. Where was that?

Mrs. PITTS. Where was that?

Mr. HUBERT. The drug store.

Mrs. PITTS. Corner of Cornell and Ewing, there. The drug store where he
was.

Mr. HUBERT. Do you know where that man works?

Mrs. PITTS. Work? No, no. I don’t know that. Mr. George Senator, now,
would know him, and could tell you where he is. I don’t even remember
the boy’s name, but I know--and into my work, and get through, and so,
I never seen but twice.

Mr. HUBERT. The time you saw him at the drug store, though, he was
getting into his automobile, was that after Mr. Ruby got into trouble?

Mrs. PITTS. Yes, sir.

Mr. HUBERT. How long after, about?

Mrs. PITTS. I don’t know just how long.

Mr. HUBERT. Around Christmastime or before the trial?

Mrs. PITTS. Well, yes; it was before the trial, as I had never been
down here. At least I hadn’t been down here, and I don’t know if he had
been or not, but he did tell me the FBI men had been out talking to him?

Mr. HUBERT. After New Year’s that you saw him?

Mrs. PITTS. I just don’t know how--when it was. Might have been after
New Year’s, but I know it hadn’t been down here, you know, at the
trial. And he said they had been out to talk to him and found him and
talked with him, so, I guess he told them, you know, where he was. Told
me he was living over at the Freeman’s Apartments, and I don’t know if
he is still over there or not.

Mr. HUBERT. Once again, he doesn’t look like the man whose pictures I
showed you?

Mrs. PITTS. No, sir.

Mr. HUBERT. All right, have you ever been interviewed by any member of
the Commission’s staff before? I am a member of the Commission’s staff,
and have you been interviewed by me before this?

Mrs. PITTS. No, sir; I don’t think so.

Mr. HUBERT. Well, you have never seen me before today, isn’t that right?

Mrs. PITTS. That’s right.

Mr. HUBERT. Then there was no interview between you and me before we
began this deposition?

Mrs. PITTS. No, sir.

Mr. HUBERT. All right, Elnora, thank you very much.

Mrs. PITTS. Yes, sir.



TESTIMONY OF HAL PRIDDY, JR.

The testimony of Hal Priddy, Jr., was taken at 5:05 p.m., on March 31,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Erway Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Mr. Hal Priddy [spelling]
P-r-i-d-d-y, Jr. Mr. Priddy, my name is Leon Hubert. I am a member
of the advisory staff of the General Counsel of the President’s
Commission. Under the Provision of Executive Order 11130, dated
November 29, 1963, Joint Resolution of Congress 137, and rules of
procedure adopted by the Commission in conformance with the Executive
order and the joint resolution I have been authorized to take the sworn
deposition from you, Mr. Priddy, as the former employee of the O’Neal
Funeral Home.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain and evaluate and report upon the facts relating to the
assassination of President Kennedy and the subsequent violent death of
Lee Oswald.

I state to you now, Mr. Priddy, that the nature of the inquiry is
to determine the facts you know about the death of Oswald and any
other facts you may know about the general inquiry. In particular the
ambulance call at the O’Neal Funeral Home. Now, you have appeared
here today by virtue of a general request made by Mr. J. Lee Rankin,
General Counsel for the President’s Commission, addressed to the O’Neal
Funeral Home, and asked them to produce certain documents and witnesses
relevant to those documents and other matters, I take it that you have
not, yourself, received a copy of that letter?

Mr. PRIDDY. No, sir.

Mr. HUBERT. Let me say that under the rules of the Commission, any
witnesses--any witness is entitled to a 3-day written notice prior to
the taking of his deposition, but the rules also provide that a witness
may also waive the 3-day notice if he sees fit, and I ask you now if
you are willing to waive the 3-day notice?

Mr. PRIDDY. Yes.

Mr. HUBERT. Will you stand and be sworn. Do you solemnly swear to tell
the truth, the whole truth, and nothing but the truth, so help you God?

Mr. PRIDDY. I do.

Mr. HUBERT. Will you please state your full name?

Mr. PRIDDY. Hal Arthur Priddy, Jr.

Mr. HUBERT. Your age?

Mr. PRIDDY. Twenty-five.

Mr. HUBERT. Your residence?

Mr. PRIDDY. 1857 Swan.

Mr. HUBERT. And your present occupation?

Mr. PRIDDY. Salesman for Shaw Jewelers.

Mr. HUBERT. Now, on November 24, 1963, which was the Sunday after the
assassination of President Kennedy, where were you employed?

Mr. PRIDDY. O’Neal Funeral Home.

Mr. HUBERT. In what capacity?

Mr. PRIDDY. I was the rider. I was riding with Mike, but I just
relieved----

Mr. HUBERT. You were riding with Mike whom?

Mr. PRIDDY. Mike Hardin, and I just relieved the dispatcher, and he had
taken my place.

Mr. HUBERT. Who was the dispatcher?

Mr. PRIDDY. Wayne Wolfe.

Mr. HUBERT. So, that you were acting as dispatcher around, say 11 or
11:30?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. At the O’Neal Funeral Home?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. What are your duties as dispatcher?

Mr. PRIDDY. Well, we receive incoming calls from the police department
and in turn dispatch them to the various funeral homes in their
district, you know----

Mr. HUBERT. You mean the O’Neal Funeral Home dispatches them, they
receive calls from the police office and dispatch these calls to the
various funeral----

Mr. PRIDDY. You see, we have a direct line from the police department.
All they do is pick up a phone and it rings and we have a direct line
to the Dudley Hughes Funeral Home and to the Camp Funeral Home, so that
if the call is in their area that way the ambulance will get there
quicker, you know, than O’Neal’s having to drive clear across town.

Mr. HUBERT. In other words, O’Neal’s is sort of central for all
ambulance calls----

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. Which come to you from the police and in turn are sent out
by you to the appropriate funeral home operating an ambulance?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. And I assume that you send the ambulance which is closest
to where it is needed?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. All right, now, do you recall having received a call from
the police shortly after 11 o’clock on the 24th of November 1963?

Mr. PRIDDY. Yes, sir; I was dispatching at the time, and one of the
other funeral homes called and told me. I was waiting for the call when
they told me that they were going to have to have an ambulance down at
the----

Mr. HUBERT. You what? You were waiting for the call?

Mr. PRIDDY. Yes, sir; you see. One of the funeral homes had, you know,
it was on live TV, and they had seen it, and they picked up their
direct line.

Mr. HUBERT. To you?

Mr. PRIDDY. And told me.

Mr. HUBERT. Told you what?

Mr. PRIDDY. That we were probably going to need an ambulance, that
there was a disturbance down at city hall, so, I was waiting for the
call when it came in.

Mr. HUBERT. I show you a document marked for identification as Hardin
Exhibit No. 5125, and ask if your handwriting appears on that document?

Mr. PRIDDY. Yes, sir. Right here at the top of it where the----

Mr. HUBERT. Now, in order that the record may show that we are both
speaking of the same document, I wonder if you would put your signature
along with mine and Mr. Hardin’s at the top of that?

Mr. PRIDDY. Yes.

Mr. HUBERT. Now, you say that the handwriting at the top is in your
hand?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. I see the word “Lee” and then something scratched out.
“Oswald. City jail to Parkland.” Why did you put that information there?

Mr. PRIDDY. Well, on any call we have to have the information, you see.
I didn’t get that information until they called in to clear. I didn’t
know--well, I did know, but normally I wouldn’t know who the patient
is, and where they were taking them to, because he might just taken him
to Baylor.

Mr. HUBERT. Would you just put the number of the car that you----

Mr. PRIDDY. Yes, sir. That is the first thing when you stamp it--you
stamp it--then you put the number of the car.

Mr. HUBERT. I notice the word “Mike,” on the left-hand top, is that in
your handwriting, too?

Mr. PRIDDY. I don’t see it. Wait a minute. No, sir.

Mr. HUBERT. Also notice a name on this document, Hardin Exhibit No.
5125, printed, telephone number, and then written No. 19.

Mr. PRIDDY. You mean this printed?

Mr. HUBERT. Yes; that No. 19 there.

Mr. PRIDDY. I can’t tell.

Mr. HUBERT. All right. Now, then, there is on Hardin Exhibit No. 5125,
next to the printed item “time called,” a stamped time--and the time
stated there is 11:21, November 24. Can you enlighten us as to the
meaning of that entry?

Mr. PRIDDY. Whenever I receive a call from the ambulance--from
the police department I stick this card in the machine, and it
automatically stamps the date and the time that the----

Mr. HUBERT. What kind of machine is that?

Mr. PRIDDY. Just a time machine like a timeclock, except it is made for
these.

Mr. HUBERT. You slip a card in there and it automatically stamps the
time. You don’t have to hit it?

Mr. PRIDDY. No; you just shove it in there.

Mr. HUBERT. How accurate is that timeclock?

Mr. PRIDDY. Well, it is as accurate as the police department clock. I
mean, they are synchronized.

Mr. HUBERT. How are they synchronized and--how often?

Mr. PRIDDY. Don’t know the mechanism. I know a man comes out and they
are serviced regularly.

Mr. HUBERT. By the police department?

Mr. PRIDDY. No, by the manufacturer; and I don’t know who that is.

Mr. HUBERT. Do you know how often they are serviced for correction and
accuracy?

Mr. PRIDDY. No, sir.

Mr. HUBERT. But, you all rely upon them?

Mr. PRIDDY. Yes, sir; we have never had any occasion to question the----

Mr. HUBERT. Tell us what happened about this particular call?

Mr. PRIDDY. Well, I got the call, and I stamped it, and then I was
waiting.

Mr. HUBERT. Got the call from whom?

Mr. PRIDDY. From the police department.

Mr. HUBERT. What did you do when you got it?

Mr. PRIDDY. Well, I checked my receipts, the other receipts to see who
was clear, see, we have two ambulances there and it turned out that----

Mr. HUBERT. Go ahead.

Mr. PRIDDY. That the ambulance that I dispatched, I don’t remember the
name of it--the number, but the one that I dispatched was coming back
from veterans hospital, and the--I knew that they were in--thoroughly
close to downtown, because I just had had a call from them. They called
when they got to the hospital and they were cleared, so, when the
police department called I told them that the--there was an ambulance
on the air and they dispatched it by----

Mr. HUBERT. Did you tell them that they could reach that ambulance by
putting the call?

Mr. PRIDDY. Yes, sir; they just, you know--what number was that?

Mr. HUBERT. Call? You mean the car number?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. 605.

Mr. PRIDDY. 605.

Mr. HUBERT. That appears on 5125, and I should ask you, really, what
that means?

Mr. PRIDDY. Yes, sir; 605.

Mr. HUBERT. You told them to call car 605 because it was on the air,
and that means he could be reached by calling him. Did you tell them
that was the closest one you could find?

Mr. PRIDDY. Yes, sir. Well----

Mr. HUBERT. That is the one you gave, in any case?

Mr. PRIDDY. No--yes, sir.

Mr. HUBERT. And that was the closest one you could find?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. You knew that the people had previously, that is to say,
Mike Hardin in car 605, had previously cleared from the veterans
hospital stating that he was coming back to O’Neal, and you figured he
was en route, and that it would--be quicker to reach him that way, is
that correct?

Mr. PRIDDY. Yes, sir; I had figured him about to the freeway.

Mr. HUBERT. Now, I notice there is something here also in
the--apparently timecard stamp code 6, 11:30, 11-24.

Mr. PRIDDY. That is when he arrived at the hospital.

Mr. HUBERT. How was that received?

Mr. PRIDDY. I monitor all of the police broadcasts while my ambulance
is out.

Mr. HUBERT. So, you heard that?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. And you took the card and put it in the machine?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. I notice some empty spaces in between, could you tell us
now how that came about?

Mr. PRIDDY. At the time I was monitoring this the telephone was
ringing, and people were running in and out, you know, confusion, and I
didn’t hear when they left the police station.

Mr. HUBERT. So, therefore, you didn’t stamp it?

Mr. PRIDDY. I didn’t stamp it, that’s right.

Mr. HUBERT. The next thing you did here was the second code 6?

Mr. PRIDDY. This was the arrival at the hospital.

Mr. HUBERT. Arrival at the hospital?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. And therefore, you put that stamp on it?

Mr. PRIDDY. Yes, sir; sometimes due to radio interference you are not
able to make out who is calling. The police department may, or if they
don’t tell, ask again.

Mr. HUBERT. In any case that second time----

Mr. PRIDDY. But, anytime you hear your ambulance you punch the code
that he is on; yes, sir.

Mr. HUBERT. You did hear the ambulance call in that he had arrived
at----

Mr. PRIDDY. He called in the police department.

Mr. HUBERT. And you overheard that?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. On your monitor?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. And then took the card out and slipped it into the machine
and it recorded 11:30?

Mr. PRIDDY. Yes, sir.

Mr. HUBERT. Do you know whose handwriting is on the lower left-hand of
that----

Mr. PRIDDY. No, sir.

Mr. HUBERT. Document, Hardin Exhibit No. 5126, next to “Oxygen,” sir?

Mr. PRIDDY. And I didn’t write the 12:30 here where he was clear at
12:30. But that probably doesn’t have any significance.

Mr. HUBERT. All right, sir. Mr. Priddy, have you been interviewed by
any member of the Commission’s staff other than myself?

Mr. PRIDDY. No, sir; no one.

Mr. HUBERT. Insofar as the interview with me is concerned, do you
consider that everything discussed in the interview has been brought up
in this deposition?

Mr. PRIDDY. That I can think of; yes, sir.

Mr. HUBERT. Do you know of anything that was not brought up in this
deposition that is material to the general inquiry we had?

Mr. PRIDDY. No, sir.

Mr. HUBERT. Well, sir; I thank you very much.



TESTIMONY OF HUEY REEVES

The testimony of Huey Reeves was taken at 9:15 a.m., on March 27, 1964,
in the office of the U.S. attorney, 301 Post Office Building, Bryan
and Ervay Streets, Dallas, Tex., by Mr. Leon J. Hubert, Jr., assistant
counsel of the President’s Commission.


Mr. HUBERT. Mr. Reeves, my name is Leon J. Hubert. I am a member of the
advisory staff of the General Counsel of the President’s Commission
under the provisions of Executive Order 11130, dated November 29, 1963,
Joint Resolution of Congress 137, under rules of procedure adopted
by the Commission in conformance with the Executive order and joint
resolution.

I have been authorized to take the sworn deposition from you, Mr.
Reeves. I state to you that the general nature of the Commission’s
inquiry is to ascertain, evaluate, and report upon the facts relating
to the assassination of President Kennedy and the subsequent violent
death of Lee Harvey Oswald.

In particular as to you, Mr. Reeves, the nature of the inquiry today is
to determine all the facts you know about the death of Oswald and any
other pertinent facts you may have about the general inquiry.

Now, Mr. Reeves, I think you are appearing here today by virtue of
a request made for you to appear in a letter sent to you by Mr. J.
Lee Rankin, General Counsel of the President’s Commission on the
assassination of President Kennedy. Do you have that letter?

Mr. REEVES. Yes.

Mr. HUBERT. Would you please state for the record the date that the
letter itself bears and the post date of the envelope, if you still
have the envelope? First of all, what is the date of the letter?

Mr. REEVES. November 29--no--that’s not it. I don’t see the date on the
letter.

Mr. HUBERT. Do you have the other one?

Mr. REEVES. No; I just brought one. It shows here March 23.

Mr. HUBERT. Apparently the letter itself is undated.

Mr. REEVES. Yes; it is undated, but that is when it was--March 23, I
believe, 1964.

Mr. HUBERT. Now, you are referring to the Post Office stamp?

Mr. REEVES. Yes; that’s the post stamp.

Mr. HUBERT. That’s the stamp on the envelope itself and what does it
show?

Mr. REEVES. It shows March 21.

Mr. HUBERT. From what place?

Mr. REEVES. Washington, D.C.

Mr. HUBERT. When did you receive the letter?

Mr. REEVES. Let’s see--it’s dated about the 22d or 23d.

Mr. HUBERT. What day of this week was it?

Mr. REEVES. Let’s see--just when I got that--Tuesday, Wednesday,
Thursday--I must have gotten it Monday, I believe.

Mr. HUBERT. You got it Monday?

Mr. REEVES. Yes; I believe.

Mr. HUBERT. Of this week; is that correct?

Mr. REEVES. I believe that’s correct--Tuesday, Wednesday, Thursday--it
was either Monday or Tuesday--it could be Tuesday.

Mr. HUBERT. In other words, you got it on March 23 or 24, is that right?

Mr. REEVES. Yes, sir; I believe I got it the 23d because I begun to try
to get in contact with you the next day and I thought about calling you
just as quick as I could, just as quick as I got it, and I noticed on
it that it weren’t until the 24th or 27th, I believe.

Mr. HUBERT. So, you got it, you think, last Monday, the 23d?

Mr. REEVES. Oh, no--the 23d--I don’t know when the 23d is, but I
believe--this was the 23d--I believe that was it, yes.

Mr. HUBERT. Now, will you stand up and raise your right hand so that I
can administer the oath?

Mr. REEVES. [Complies.]

Mr. HUBERT. Do you solemnly swear that you will testify the truth, the
whole truth, and nothing but the truth, so help you God?

Mr. REEVES. Yes.

Mr. HUBERT. Please state your full name.

Mr. REEVES. Huey Moses Reeves.

Mr. HUBERT. Your age?

Mr. REEVES. Age--I was born April 7, 1912.

Mr. HUBERT. Where do you live?

Mr. REEVES. I live at 2903 Reynolds Avenue, Dallas, Tex.

Mr. HUBERT. What is your present occupation?

Mr. REEVES. Allright Auto Park. I am a night boss, night foreman for
Allright Systems.

Mr. HUBERT. Where is that located?

Mr. REEVES. It’s on Commerce.

Mr. HUBERT. What is the number?

Mr. REEVES. 1208, but I was at 1320, but they changed me to 1208.

Mr. HUBERT. Is that the same company?

Mr. REEVES. That’s the same company; yes, sir.

Mr. HUBERT. On November 23d, which was a Saturday, where were you
working?

Mr. REEVES. Let me see; November 23d, I was working at 1320 Commerce.

Mr. HUBERT. That’s Nichols Garage?

Mr. REEVES. Yes--Nichols Garage.

Mr. HUBERT. What job did you have over there?

Mr. REEVES. I was same--nightman working all night at Nichols Bros.,
the same as at the other place.

Mr. HUBERT. What were your hours?

Mr. REEVES. I worked from 7 to 7.

Mr. HUBERT. And on November 23, which was Saturday, you worked from 7
o’clock Saturday night until 7 o’clock Sunday morning?

Mr. REEVES. Yes.

Mr. HUBERT. Do you know a nightclub called the Carousel Club?

Mr. REEVES. Yes; it’s right next to where I work.

Mr. HUBERT. Do you know a man by the name of Jack Ruby?

Mr. REEVES. Yes, sir.

Mr. HUBERT. How did you come to know him?

Mr. REEVES. Well, he parked in my place all the time. He was a regular
parker, you see, and Nichols Bros. is right there and his club was next
to my parking place. He would just drive in and park and go up in his
place.

Mr. HUBERT. How long have you known him?

Mr. REEVES. Ever since I have been working there--I don’t know just how
long--probably a year and a half--I wouldn’t say--I don’t know just how
long--probably a year and a half--I wouldn’t say for sure--but to the
best of my knowledge.

Mr. HUBERT. Did you see him every day?

Mr. REEVES. Every night.

Mr. HUBERT. Every night?

Mr. REEVES. Yes, sir.

Mr. HUBERT. Do you know a lady by the name of Karen Bennett--they call
her Little Lynn?

Mr. REEVES. Is she a young girl?

Mr. HUBERT. Well, I don’t know her age--she is--I would suppose a young
girl.

Mr. REEVES. There’s so many girls--now, if she works up there for Jack
Ruby, I know them when I see them, but their names, it seems to me like
that little Bennett girl may have been the one that fainted one night.

Mr. HUBERT. Down in Ruby’s place?

Mr. REEVES. No, sir; in our lobby room. She came out of Jack Ruby’s
place.

Mr. HUBERT. When was that?

Mr. REEVES. It was before Jack Ruby done that--before.

Mr. HUBERT. Yes; but how long before?

Mr. REEVES. Oh, it was probably a month or two--I wouldn’t know for
sure, because I wasn’t keeping up with the dates, you know. I guess
they told me her name--she’s from Fort Worth, I believe. There are so
many girls work up there for him. A lot of them park down in the place
there but I just remember them--the face, but not the name.

Mr. HUBERT. Do you remember getting a phone call from Jack Ruby on the
night of Saturday, November 23?

Mr. REEVES. Yes, sir; I guess it’s that same girl--he called me to give
$5 to her, I believe.

Mr. HUBERT. About what time was it; do you remember?

Mr. REEVES. Probably 9 o’clock, something like that.

Mr. HUBERT. Now, tell us exactly what happened about that?

Mr. REEVES. Well, she called Jack over the phone and wanted some money
and Jack said, “Well, I can’t come down right now.”

Mr. HUBERT. How do you know what he said?

Mr. REEVES. Well, that’s what he told me to do.

Mr. HUBERT. Who told you to do that? He told you to do that?

Mr. REEVES. Yes.

Mr. HUBERT. Just tell us what she said and what you could hear her say
over the phone?

Mr. REEVES. Well, I don’t remember her saying anything.

Mr. HUBERT. Did she call from your place?

Mr. REEVES. Yes, well, you see my office phone is in this office and
she was in the next phone--the pay phone.

Mr. HUBERT. I see.

Mr. REEVES. And then--let me see, now, I believe she called Jack to
borrow some money and then Jack called me.

Mr. HUBERT. Now, how do you know that she called him to borrow some
money. Did she tell you so or did you overhear this?

Mr. REEVES. He talked to me.

Mr. HUBERT. When she was making the call on the telephone, you didn’t
know who she was calling?

Mr. REEVES. No.

Mr. HUBERT. But you do know she made a phone call?

Mr. REEVES. Yes.

Mr. HUBERT. And after the phone call did she tell you anything?

Mr. REEVES. No, sir; she didn’t say anything--Jack told me.

Mr. HUBERT. Wait a minute, she didn’t say anything to you after she
made the phone call?

Mr. REEVES. No, sir.

Mr. HUBERT. You didn’t know who she was calling?

Mr. REEVES. No, sir.

Mr. HUBERT. Was she with anybody?

Mr. REEVES. I don’t remember whether her husband was with her or not.
Let’s see, I didn’t think about having to go through this--I don’t just
remember whether her husband--it seems to me like her husband was with
her.

Mr. HUBERT. Was there a man with her?

Mr. REEVES. There was a man with her, and I think it was her husband.

Mr. HUBERT. Were you introduced to her?

Mr. REEVES. No; I wasn’t introduced to her--I seen the boy claiming to
be her husband--he’s parked in there when she worked up there--he would
get out of the car, you know, never did ask anybody their names. I just
run the parking lot. I think her husband’s name is Bruce. I’ve heard
some of them call him Bruce.

Mr. HUBERT. Do you know what his last name is?

Mr. REEVES. No, sir; I don’t.

Mr. HUBERT. What happened after that?

Mr. REEVES. Jack told me to let her have $5.

Mr. HUBERT. You said Jack told you that?

Mr. REEVES. He said this--correct.

Mr. HUBERT. Did she come over into your office?

Mr. REEVES. She was already on the phone, I believe, or he may have
called me--I don’t remember whether I called or she had phoned, and
anyway he said to let her have $5, and now, I think, he said he would
bring me down the money and make her sign a receipt, which I did.

Mr. HUBERT. You don’t know whether or not you just got on the same
phone she was talking on or whether Ruby called you separately; is that
right?

Mr. REEVES. I don’t remember--it seems to me like he called me
separately on my phone. You see, this is a little distance--he would
call me after he would get home and tell me to go see if he locked his
door in the club--he thought he might have left it open.

Mr. HUBERT. What did he say when he called again?

Mr. REEVES. To take this $5 and let the girl--I can’t think of her
name--but let the girl have the $5 and have the girl sign a receipt and
I did, and he came and gave me the $5 and he picked up the receipt.

Mr. HUBERT. How do you know you were talking to Jack Ruby?

Mr. REEVES. Yes--well, I knew his voice.

Mr. HUBERT. You have talked to him on the phone?

Mr. REEVES. Yes; lots of time.

Mr. HUBERT. Well, you thought it was Jack Ruby, now, did he tell
you--he said he was Jack Ruby?

Mr. REEVES. Yes.

Mr. HUBERT. You have no doubt you were speaking to Jack Ruby?

Mr. REEVES. No, sir; no doubt but what it was him at all--no.

Mr. HUBERT. That was the extent of your conversation?

Mr. REEVES. Yes, just the $5--let her have $5 because he wasn’t ready
to come down, and I let her have the $5 and made her sign her name,
just like he said, and he got in a little bit later and gave me $5 and
took the receipt.

Mr. HUBERT. What kind of a receipt was it?

Mr. REEVES. Just a little piece of paper.

Mr. HUBERT. Did you date it?

Mr. REEVES. Yes; I believe I did.

Mr. HUBERT. Do you remember whether you put a time stamp on it or not?

Mr. REEVES. I don’t believe I did--I don’t think so.

Mr. HUBERT. Do you have a timeclock there?

Mr. REEVES. Yes.

Mr. HUBERT. You just slip in a piece of paper and it automatically
notes the time of day?

Mr. REEVES. Yes, just a piece of paper you put in there, and it stamps
the time on it, but I don’t remember whether I did it or not on
this--it was a piece of paper.

Mr. HUBERT. She signed it?

Mr. REEVES. Yes, she signed her name.

Mr. HUBERT. And, this was the receipt--do you remember what it said?

Mr. REEVES. No, sir; I believe I just said “Received $5--by Jack Ruby”
or “Received $5” and let her put her name--I don’t remember whether I
put Jack Ruby’s name upon that or not.

Mr. HUBERT. And that’s the record of it?

Mr. REEVES. Yes, that’s the record.

Mr. HUBERT. What time was that?

Mr. REEVES. It was probably about 9 or 9:30--I don’t remember exactly.

Mr. HUBERT. I think you said a moment ago that sometime after that Ruby
came in?

Mr. REEVES. Yes, he came in--it was probably 30 minutes or an hour or
something like that; I don’t remember.

Mr. HUBERT. All right, tell us what happened then?

Mr. REEVES. Well, he just came in and says, “Here’s your $5,” and he
never did anything about the receipt and I handed him the receipt, just
like I said.

Mr. HUBERT. What did he do with the receipt?

Mr. REEVES. I imagine he put it in his pocket.

Mr. HUBERT. You didn’t see him put it in his pocket?

Mr. REEVES. No, I didn’t see him--I wasn’t paying any attention.

Mr. HUBERT. What was his condition when he came in that night?

Mr. REEVES. Not paying no attention to Jack Ruby--I didn’t pay him
attention--no attention to him, walking around in my place or coming
into my office then--I was busy and didn’t pay no attention to him. You
know, he’s in there all the time parking his car, and when he come out
of his club lots of times he would walk around and into the office and
talk to them that way, and he would say a few words, and if he went out
for sandwiches he would always ask us if we needed any sandwiches or
drinks or anything like that. He was an awful nice fellow--awful nice.

Mr. HUBERT. Did you notice whether he seemed to be crying or upset
about anything that night?

Mr. REEVES. No, sir; I didn’t--I didn’t pay any attention to him, but
he seemed like--too, you see, I was in the office now, and the guy’s
lounge was back in here.

Mr. HUBERT. Whose lounge--what lounge?

Mr. REEVES. The lounge in the office, and then the Saturday morning, it
seemed like, too, he would go back in the waiting room and prance--walk
around more than usual, but he always did walk around--he had hard
heels on, and you could hear him walking when he would come out of
his club. I would be sitting in the office, maybe figuring up my back
receipts, and I would hear him tapping those heels and I would say,
“It’s Jack Ruby, because he is coming out of his club.”

Mr. HUBERT. You say this night he was walking a little bit more than
usual?

Mr. REEVES. Yes; it seemed like he was a little bit more restless.

Mr. HUBERT. Did you talk to him?

Mr. REEVES. No, sir; I didn’t pay any attention--I never thought much
about it, you know.

Mr. HUBERT. Could you tell whether he was crying?

Mr. REEVES. No, sir; I really didn’t pay any attention to him.

Mr. HUBERT. The only thing you noticed about his general conduct that
night that was different from other nights was that he seemed to be
walking around a little bit more?

Mr. REEVES. It seemed like he was a little bit more restless or
something, and I believe that night, too, he had his club closed. I
believe that sign--I believe he had a sign, if I remember, I really
wasn’t interested in his club. I had a pretty good job working for
Allright--it’s a pretty busy place, but it seemed to me like he had it
closed. I believe he did.

Mr. HUBERT. Had you talked to Ruby earlier that day or seen him?

Mr. REEVES. Let’s see, I came to work at 7; it seemed to me like that
Ruby was there when I got there. It seemed like he drove up and then
he left and then came back, it seemed like, and that’s when he must
have went home and this girl called him and then he was at home and he
wasn’t ready yet. It seemed like he told me he was waiting on a call
or something from somebody or something and he told the girl he wasn’t
ready to come down, or he told me he wasn’t ready to give her the $5,
you see, and he told me to give her the $5 and to make out a receipt.

Mr. HUBERT. And have you to give it to her?

Mr. REEVES. I had given her the $5 for him and I knew it was good
because he always paid me back if he owed me any parking--he always
paid it.

Mr. HUBERT. Had you ever paid any employees money like that?

Mr. REEVES. No, sir; that there was the only one.

Mr. HUBERT. While you were on the phone with him, did he tell you that
he was at home?

Mr. REEVES. Let’s see, I don’t believe he said where he was. He just
said he had an appointment or had a caller.

Mr. HUBERT. But you didn’t call him?

Mr. REEVES. No, sir.

Mr. HUBERT. Either he called you or you got on the phone?

Mr. REEVES. Yes, sir.

Mr. HUBERT. When the girl had been talking to him?

Mr. REEVES. Or he called me, you know, I don’t remember just exactly.

Mr. HUBERT. But you are certain he didn’t tell you he was at home?

Mr. REEVES. No, sir; he didn’t say where he was.

Mr. HUBERT. You did get the impression that he was?

Mr. REEVES. Yes; that’s right, just my impression he was at home.

Mr. HUBERT. Do you know what that impression is based on?

Mr. REEVES. No, sir.

Mr. HUBERT. Is it on anything he said?

Mr. REEVES. No, sir; he didn’t say anything about where he was.

Mr. HUBERT. But he did say he couldn’t come because he was waiting for
a call?

Mr. REEVES. He was either waiting for a call or wasn’t ready or
something to come down, I believe is what he said.

Mr. HUBERT. What time did he leave, you say, just about the time you
came on?

Mr. REEVES. I believe he went away about the time I came to work, I
believe he did.

Mr. HUBERT. You saw him when he left, then?

Mr. REEVES. Yes; you see his car is parked there all the time, right in
front or his side by his club, that was in parking.

Mr. HUBERT. So, about 7 or shortly thereafter he left the garage?

Mr. REEVES. I sort of believe he did.

Mr. HUBERT. And the next time you saw him was when he came back in just
about a half hour or so after you gave the $5 to this girl?

Mr. REEVES. Yes; and he brought my $5 back.

Mr. HUBERT. Do you remember when he left after that?

Mr. REEVES. It seems to me he fooled around in the lobby, in the back
waiting room there a while and pranced around or walked around and
drove off--where he went from there, I don’t know.

Mr. HUBERT. Did you see him any more that day?

Mr. REEVES. Let’s see, it seems to me he came back down there that
night and fooled around the lobby.

Mr. HUBERT. Did he park his car?

Mr. REEVES. You see, he always parked his own car--we didn’t park his.

Mr. HUBERT. He had a special spot there?

Mr. REEVES. Yes; he had a special spot there. We could move it up and
down, because he would leave his key, and we could move it up and down
as we had to move it in parking, but it seemed to me like he left
again to go--he was going home, and I told Mack, the colored man that
worked for me, I said, “That looked like Jack Ruby’s car that went up
the street.” You see, I sit on Commerce Street and I can tell every
car that passed if I just wanted to look out, and it seemed to me, I
told Mack that that looked like Jack Ruby’s car that went back up the
street, up Commerce.

Mr. HUBERT. He didn’t have to check in with you to get his car out?

Mr. REEVES. No, sir; he was a monthly parker, he paid by the month.
When his car was parked there, nobody fooled with it, because he was a
monthly parker. You see, the drive came in this way [indicating] for
all the ticket cars, and over here on the side, was his parking place.
Of course, we might park two or three in front of his, but sometimes
we would move his if a boy had to sweep or something, we would have to
move his car up and down and back and forth.

Mr. HUBERT. What time was it, about, that you saw him leave again and
made a comment to that effect to the colored boy?

Mr. REEVES. It seems to me like when he left he said, “I’m going home,”
and I told Mack, it looked to me Jack Ruby was going back up the street
and he said he was going home when he left, and, told me earlier, “Boy,
I’m going home.”

Mr. HUBERT. You say usually he went out to his room in Oak Cliff?

Mr. REEVES. And I told the boys, “That looked like Jack Ruby’s car that
went back up the street.” That might not have been him--there’s lots
of cars that looks like that, but that’s what I told Mack Jones, the
colored man there.

Mr. HUBERT. What time was that?

Mr. REEVES. It was probably 9:30 or 10 or maybe 10 or over, I wouldn’t
say for sure, but I would just sort of estimate the time.

Mr. HUBERT. That was after he had given you the $5 back?

Mr. REEVES. Yes.

Mr. HUBERT. So, he didn’t stay in the club very long?

Mr. REEVES. No, sir; I don’t remember him ever going up in the club
that night. I don’t think he even went up in the club.

Mr. HUBERT. In other words, he just came and gave you the $5, picked up
the receipt and left pretty quick?

Mr. REEVES. Yes; it seemed to me like he came back again and fooled
around in the lobby lots--he would come back and fool around at the
garage and my colored man was a good friend of his and he always talked
a lot to Jack Ruby--he talked to him and I was a good friend to him,
too, on account of that.

Mr. HUBERT. Did you see him any more than that?

Mr. REEVES. No, sir; that’s the last time I have seen him.

Mr. HUBERT. The last time you have seen him?

Mr. REEVES. Yes; I believe so.

Mr. HUBERT. You didn’t see him Sunday morning before you went off duty,
did you?

Mr. REEVES. No, sir; I sure didn’t.

Mr. HUBERT. Did you see him earlier on Saturday, the day after the
President was shot?

Mr. REEVES. Saturday after the President was shot?

Mr. HUBERT. Of course, you were off on Saturday morning until 7 that
night?

Mr. REEVES. Yes; I am off in the daytime--I’m just there at night--I
couldn’t tell you whether I saw him.

Mr. HUBERT. Did you see him on Friday night during your shift, which
ran from 7, November 22, Friday night, to 7 o’clock Saturday morning,
November 22–23, 1963?

Mr. REEVES. I can’t recall that in there so much. I wouldn’t want to
say for sure whether I seen him or not.

Mr. HUBERT. Do you remember his making any comment to you on--about the
shooting of the President?

Mr. REEVES. No, sir; no, sir.

Mr. HUBERT. Do you know a man by the name of Andy Armstrong?

Mr. REEVES. Yes.

Mr. HUBERT. Who is he?

Mr. REEVES. He is a colored man that worked for Jack Ruby.

Mr. HUBERT. How long had he been there, do you know?

Mr. REEVES. I think he was there--I think when he came there--it was
probably a year and a half or something like that.

Mr. HUBERT. Have you talked to him since Ruby was arrested on November
24?

Mr. REEVES. I probably have. He worked, you know, running the club, but
I never did have anything to do with him. You see, I was always so busy.

Mr. HUBERT. How did you know he was running the club?

Mr. REEVES. Well, he worked up in the club, I would see him up in the
club and the girls all parked right down there with me, and he worked
up in the club. They claimed he was sort of the guy that run it.

Mr. HUBERT. You mean after Ruby was arrested or before?

Mr. REEVES. After.

Mr. HUBERT. You never did talk to the man about the shooting on the 22d?

Mr. REEVES. No, sir; none.

Mr. HUBERT. Andy Armstrong?

Mr. REEVES. No, sir.

Mr. HUBERT. Do you know a man by the name of Ralph Paul?

Mr. REEVES. Yes.

Mr. HUBERT. How long have you known him?

Mr. REEVES. I have known him when I seen him; he parked in there, too,
and would go to Jack Ruby’s place.

Mr. HUBERT. How often would he go, do you know?

Mr. REEVES. Sometimes he would come in there, say two or three times a
week.

Mr. HUBERT. Did he park by the month?

Mr. REEVES. No, sir; a ticket on the car.

Mr. HUBERT. And how long would he stay?

Mr. REEVES. Sometimes he would come and stay 3 or 4 hours.

Mr. HUBERT. That was two or three times a week?

Mr. REEVES. Something like that.

Mr. HUBERT. Have you ever talked to him since November 24?

Mr. REEVES. No, sir; the only thing is, when he pays the ticket, I get
his car for him.

Mr. HUBERT. But you have never talked to him about Ruby since November
24?

Mr. REEVES. No, sir; I don’t believe he ever mentioned to me about it.

Mr. HUBERT. Do you know a man by the name of George Senator?

Mr. REEVES. Yes; I have seen that man there, too.

Mr. HUBERT. Did he park his car in there?

Mr. REEVES. Yes; he has parked in there, too; he worked for Jack some.

Mr. HUBERT. Was he on a monthly basis?

Mr. REEVES. No, sir; a ticket car.

Mr. HUBERT. Would you describe him for us?

Mr. REEVES. George?

Mr. HUBERT. Yes.

Mr. REEVES. Well, he’s sort of a heavy set--a pretty big heavy set man,
I guess, about 5 feet 8 inches tall, or something like that, and weighs
probably 175 to 180 pounds, a pretty good size man.

Mr. HUBERT. Bald headed, or slightly bald?

Mr. REEVES. I believe he’s got pretty good hair on his head.

Mr. HUBERT. Did you ever notice any limp on him?

Mr. REEVES. Limp?

Mr. HUBERT. Limp--yes.

Mr. REEVES. No, sir.

Mr. HUBERT. Did Ralph Paul have a limp?

Mr. REEVES. I don’t believe he did. I don’t believe he limped--no, sir;
not as I know of. Well, Paul broke his foot after all that happened,
but you know, he went around in a cast on his foot with crutches for a
while.

Mr. HUBERT. Well, when was that?

Mr. REEVES. That’s since, you know, all that happened.

Mr. HUBERT. That was after the 24th?

Mr. REEVES. Yes; he broke his foot; I don’t know how it happened.

Mr. HUBERT. Have you ever talked to George Senator about Ruby since the
24th of November?

Mr. REEVES. No, sir; I don’t believe he’s been in my place since then.
I don’t believe he has.

Mr. HUBERT. Do you know a man by the name of Larry Crafard?

Mr. REEVES. No, sir; I don’t believe I know him--no, sir.

Mr. HUBERT. I will show you some pictures of a man, there are several
of them there in different poses, and I would like for you to look at
them.

Mr. REEVES. [Examining pictures referred to.] Yes, I have seen this guy
there at Jack’s place. He worked for Jack some.

Mr. HUBERT. Let the record show that the witness is examining five
photographs of different poses.

Mr. REEVES. Let’s see, I believe this is the same guy that
worked--let’s see some of these--I don’t know for sure, but I believe
it is the same one, too, I believe. All of these look like the same man
to me, do they to you?

Mr. HUBERT. They are all five different poses.

Mr. REEVES. They look like the same man.

Mr. HUBERT. Yes. These are all five different poses of Curtis Laverne
Crafard, taken on November 28, 1963, by the FBI and forwarded recently
to the Commission.

Mr. REEVES. He stayed up there with Jack Ruby some.

Mr. HUBERT. Now, you identified this man as a man you know?

Mr. REEVES. Well, I don’t exactly know him--he worked for Jack Ruby and
he would come down to the window and chat with me--right.

Mr. HUBERT. Did you know his name?

Mr. REEVES. No, sir.

Mr. HUBERT. Did you know his full name?

Mr. REEVES. No, sir; I don’t ever remember his name.

Mr. HUBERT. How long did he work for Jack?

Mr. REEVES. Well, I would see him up there and when Jack would leave,
he would leave him in his place to guard it, guard his place.

Mr. HUBERT. How do you know that?

Mr. REEVES. Well, I have seen him leave with Jack Ruby and Ralph Paul
and go off with them in the car, you know, at night, after they closed
the place up. I think they called it going to eat or something. I have
seen him leave with them two or three times in the car.

Mr. HUBERT. Did you say he slept there?

Mr. REEVES. Yes; he stayed in the place.

Mr. HUBERT. How do you know that?

Mr. REEVES. Well, I would see him go close the door and go up in there
and go over to the Eatwell Cafe and hang around maybe an hour or so and
go up there and lock the door.

Mr. HUBERT. Did you figure he was staying there?

Mr. REEVES. Right.

Mr. HUBERT. Did he ever tell you that?

Mr. REEVES. It looked like he was working for Jack Ruby.

Mr. HUBERT. Did he ever tell you that?

Mr. REEVES. Yes, that he was living upstairs--yes, staying there.

Mr. HUBERT. How long did he stay up in there?

Mr. REEVES. It seemed to me he stayed there a couple of weeks or
something like that.

Mr. HUBERT. When was the last time you saw him?

Mr. REEVES. It seems to me he disappeared--well, he disappeared. I
never did know any more of him--I don’t know whether Jack fired him or
he just walked off. You know how it is around one of them garages--I
just seen him there and see people.

Mr. HUBERT. Did you see him during your night shift from 7 o’clock on
Friday, November 22, that’s the date the President was shot, until the
end of your shift at 7 o’clock the next morning?

Mr. REEVES. November 23d? Yes.

Mr. HUBERT. I’m talking about the man whose picture you just looked at.

Mr. REEVES. I don’t believe I did--I don’t believe I seen him around
there during that time.

Mr. HUBERT. Did you see him and Ruby in the early hours of the 23d,
Saturday, say about 3 or 5 o’clock in the morning?

Mr. REEVES. No, sir; I don’t believe I did--no, sir. I don’t think I
seen him.

Mr. HUBERT. Did you see Ruby that morning, I’m talking about the shift
that runs from 7 o’clock on Friday to 7 o’clock Saturday morning?

Mr. REEVES. Let’s see--what date was that?

Mr. HUBERT. It would have been the 22d and the 23d, that was the night
of and the morning after the President was shot.

Mr. REEVES. No, sir. Let’s see, I may have seen Jack--I don’t remember
seeing this boy. I may have seen Jack.

Mr. HUBERT. Do you remember Jack parking his car there early Saturday
morning the 23d?

Mr. REEVES. Saturday morning the 23d?

Mr. HUBERT. Before you got off, maybe 2 or 3 hours before you got off?

Mr. REEVES. No, sir; I don’t think so. He never did come in that
early--before I got off--I don’t think so. Most of the time he came in
would be, I think, about 8 o’clock at night and maybe when he closed up
was 1 or 1:30 and he would maybe go off and eat and he might run back
to see if he locked his door. Sometimes he would call me and have me to
hold the phone while I ran in there to see if his door was locked, and
I would come back and tell him his door was locked.

Mr. HUBERT. You say it just looked like Larry had taken off?

Mr. REEVES. Well, I seen him going in and out of the place there all of
the time--I just missed him. I was not trying to keep up with him--I
just missed him. I was not trying to keep up with him, but I just
missed him.

Mr. HUBERT. Do you remember when you missed him?

Mr. REEVES. No, sir.

Mr. HUBERT. Did anybody tell you he had gone?

Mr. REEVES. No, sir; didn’t nobody tell me.

Mr. HUBERT. Do you remember the last time you saw him?

Mr. REEVES. No, sir; I couldn’t say for sure the last time I seen him.
I think he stayed there a week or 2--I don’t remember--it might be 3
weeks--I don’t remember. Sometimes he would come in, he was a pretty
friendly boy, and he would come there and wave at me and I am pretty
friendly too and I would see him when he was working up there for Jack
Ruby and maybe I would wave to him when he came out and sometimes he
would come over there and talk to me at the ticket window while I was
cashing tickets and chat with him a few times, but I don’t remember him
ever telling me his name or anything, but he was a peculiar acting kind
of a boy.

Mr. HUBERT. In what way?

Mr. REEVES. The way he would sort of bat his eyes like that when he
would talk and get around real fast when he would take off up the
street. He would walk real fast, you know, and all at once he would
just take off and go through the Adolphus Hotel lobby, is what I mean.
He claimed he had a girl friend over there--I don’t know who it was.

Mr. HUBERT. Where?

Mr. REEVES. Over there at the Eatwell Cafe--some girl was meeting him
over there.

Mr. HUBERT. He told you that?

Mr. REEVES. Yes, he said, “I’ve got to go, I’ve got to meet a girl over
at the Eatwell.”

Mr. HUBERT. Did you ever see him with a girl?

Mr. REEVES. No, sir; I never seen him with a girl.

Mr. HUBERT. Where is the Eatwell place?

Mr. REEVES. It’s on Main Street, right in front of Nichols Brothers.
You go through the lobby of the hotel--I call it a lobby, I always say
lobby, but it is just a car drive, and you run into Main Street and it
is up two or three doors, and it’s the Eatwell Cafe. It stays open all
night.

Mr. HUBERT. It’s on Main Street?

Mr. REEVES. Yes.

Mr. HUBERT. Did he tell you that the girl worked there, or that he was
just meeting her there?

Mr. REEVES. He said he was going to meet her. I don’t know whether she
worked there or was just meeting him there, I just don’t know. He said,
“I’ve got to go and meet her.” I would talk to him a few times--he was
friendly--he would say, “I’ve got to go and meet a girl.” Whether he
has one--he seemed to be sort of a windy guy in talking.

Mr. HUBERT. Did that happen once or more than once?

Mr. REEVES. I believe once or twice--I would say probably a couple of
times.

Mr. HUBERT. Did anybody tell you he just took off and left?

Mr. REEVES. No, sir; nobody didn’t say anything. I just seen him
working, because Jack had a lot of boys like that working for him. He
had one boy that worked before this time for him, a Jewish-looking boy,
a stocky-looking boy. The fact of the business is, Jack and him had a
little trouble, and when they were having trouble up in the place, they
came down to where I could see him out in front.

Mr. HUBERT. Who was having trouble?

Mr. REEVES. This boy--I don’t know his name.

Mr. HUBERT. You mean the Jewish-looking boy?

Mr. REEVES. He was a Jewish looking--little short type guy, and
Jack--they was having trouble and Jack went up in the club and he came
down and I heard the boy say, “I’m going to go get a gun and kill Jack
Ruby,” and when Jack come back down, I told Jack, I said, “Go back
there and hide somewhere, he’s got a gun and he’s going to kill you,”
and Jack raised the turtle shell of his car there in the parking lot
and got his gun out and he went up to that whisky store and hit him
across the head with it.

Mr. HUBERT. What whisky store?

Mr. REEVES. Right there up at the corner.

Mr. HUBERT. You saw him do it yourself?

Mr. REEVES. No; I stayed out at the garage, but I heard the boy say,
“I’m going to get a gun and kill Jack Ruby,” and he said it real down
low, and when Jack came down, I didn’t want Jack to get killed, and I
said, “Go back there and hide. That boy said he was going to kill you.”
Instead of hiding like I told Jack, Jack reached back up in his car and
got his six-shooter out and went up to this whisky store and tapped him
with his gun like that [indicating].

Mr. HUBERT. When was that?

Mr. REEVES. It was when he went up to the store and I seen the big guy
come out across there.

Mr. HUBERT. How long ago was that?

Mr. REEVES. It has been probably 5 or 6 months--I wouldn’t say for sure.

Mr. HUBERT. Did the police come?

Mr. REEVES. No, sir. Oh, yes.

Mr. HUBERT. Did anybody arrest Jack Ruby?

Mr. REEVES. He didn’t bother Jack.

Mr. HUBERT. How old a man is this boy--this Jewish boy Jack was
supposed to have hit?

Mr. REEVES. He looked like 30 years old or something like that.

Mr. HUBERT. Where is the liquor store?

Mr. REEVES. It’s right up there on the corner. I believe I may have the
address here in my pocket--it’s the first one on the corner--Segal’s--I
believe.

Mr. HUBERT. What corner is it on?

Mr. REEVES. It’s on the corner of Akard and Commerce--that’s it.

Mr. HUBERT. What time of night did this happen?

Mr. REEVES. It was probably--I don’t remember just exactly, probably
about 10:30, 9:30 or 10:30, something like that.

Mr. HUBERT. Did Jack Ruby come back right away after that?

Mr. REEVES. Yes, he came back to his place, I think.

Mr. HUBERT. Right away?

Mr. REEVES. It wasn’t too long.

Mr. HUBERT. It wasn’t too long?

Mr. REEVES. No, it wasn’t too long.

Mr. HUBERT. Was he arrested?

Mr. REEVES. I don’t think so.

Mr. HUBERT. Was the other man arrested?

Mr. REEVES. I don’t think they arrested him neither. I think they
carried him to the hospital in an ambulance.

Mr. HUBERT. Did you see the ambulance?

Mr. REEVES. Yes, I heard the ambulance come after him and after he did
that, he come back and worked for Jack. Jack buddied up with him again,
Jack was a good-hearted kind of a fellow, and he came back and worked
for him some more, and went away. I never did learn his name, but some
of them said he lived in Houston.

Mr. HUBERT. You think that was about 6 months ago from now?

Mr. REEVES. Yes, I wouldn’t say for sure--it’s either--might have been
3 or 4 months.

Mr. HUBERT. Well, now, we are now in March, you know.

Mr. REEVES. Yes.

Mr. HUBERT. So, if you say 6 months----

Mr. REEVES. It seems to me like it might have been over 4 months--4 or
5 months--I don’t know for sure.

Mr. HUBERT. You think it was in October or November of 1963?

Mr. REEVES. Let’s see, it must have been in about September.

Mr. HUBERT. September 1963?

Mr. REEVES. I wouldn’t say for sure now, but it was, all I know is I
just remember being--it scared me, you know. I was scared, you know, I
didn’t want Jack--some kind of unknown guy to come along and kill him,
a guy just working for him, and I heard him say it, and I told Jack.
What I wanted Jack to do was go back there and hide until the boy got
in a good humor, you see.

Jack Ruby--seemed--he was always a nice fellow to me and I wasn’t
thinking about him being rough enough to do something like that. I
really wasn’t, because I never thought no more about Jack Ruby coming
around in the garage, coming in my office around there talking to
me--he came around a lot of times late at night. He maybe would stop by
and say a few words and he treated me just like a baby. He would bring
me sandwiches and things like that and I figured he was just a nice
fellow, you know, is all I could figure out.

Now, he had a good many--I don’t remember--it seems to me like he had
several more. If there was anybody that came into town that was broke
and Jack knew it, he would take them in and get them some clothes and
feed them and give them some money.

Mr. HUBERT. How do you know all that?

Mr. REEVES. Well, I would see him doing it. Whether the guy was all
right, I don’t know. They was strangers to me. I was working for the
Allright Co., worked 12 hours a night and have been for 2 or 3 years
and I was just seeing things--seeing people doing it and I thought he
was running a legitimate place. I knew I was running a perfect place,
the parking system, and we’ve got lots of customers, and you know,
people parking in our place, going up to his club, parking in there.

Mr. HUBERT. All right, Mr. Reeves, is there anything else you know
about this--any other facts that might throw some light on the
assassination of President Kennedy or the shooting of Lee Oswald?

Mr. REEVES. Nothing that I know of, because I didn’t know Oswald. If
I ever seen him, I don’t remember. The only thing, after I seen his
picture in the newspapers and come out on the television with the
pictures and all, it seemed like his face got familiar, but I never
seen him before that I know of.

Mr. HUBERT. You say you have seen pictures of Oswald in the paper and
all that?

Mr. REEVES. That’s right, and on television.

Mr. HUBERT. So that you formed the impression that maybe you had seen
him before?

Mr. REEVES. No, sir--well, it does seem like, you know, he got familiar
as I seen him on television and in the paper, but as far as seeing him
before, I mean before that happened, I don’t think I ever did see him.

Mr. HUBERT. Do you think he has any resemblance, does he look like this
man Larry Crafard, this man I just showed you a picture of?

Mr. REEVES. Well, I don’t think he favors him any--seeing him in the
pictures, but I wouldn’t think so--no, sir.

Mr. HUBERT. Have you ever been interviewed by any members of the
Commission staff?

Mr. REEVES. By an FBI man.

Mr. HUBERT. But, you haven’t been interviewed by me?

Mr. REEVES. No, sir.

Mr. HUBERT. Before this deposition this morning?

Mr. REEVES. No, sir.

Mr. HUBERT. Thank you very, very much, Mr. Reeves.

Mr. REEVES. I’m sure glad to tell facts if I knew anything, I would
just be glad to help, because I would be glad to help, because
President Kennedy was one of my best friends. I liked him better than
any man on earth--I sure did.

Mr. HUBERT. Thank you very much, Mr. Reeves, for coming.

Mr. REEVES. Sure glad to.

Mr. HUBERT. Thank you, that’s all.



TESTIMONY OF WARREN E. RICHEY

The testimony of Warren E. Richey was taken at 1:30 p.m., on April 15,
1964, at the Post Office Building, Fort Worth, Tex., by Mr. Leon D.
Hubert, Jr., assistant counsel of the President’s Commission.


Mr. HUBERT. Mr. Richey, I have to read some formalities here. My name
is Leon Hubert. I am a member of the advisory staff of the General
Counsel of the President’s Commission. Under the provisions of
President Johnson’s Executive Order 11130, dated November 29, 1963,
the joint resolution of Congress No. 137, and the rules of procedure
adopted by the Commission, in conformance with that Executive order
and that joint resolution, I have been authorized to take a sworn
deposition from you, Mr. Richey.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relative to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald. In particular, as to you, Mr. Richey, the nature of
the inquiry today is to determine what facts you know about the death
of Oswald and any other pertinent facts you may know about the general
inquiry and particularly whether a man known as Jack Ruby was seen by
you near the Dallas Police Department on November 24, 1963.

Now, Mr. Richey, I think you have appeared here by virtue of a letter
addressed to you by Mr. J. Lee Rankin, General Counsel, for the
President’s Commission. Did you receive that letter more than 3 days
ago?

Mr. RICHEY. I did.

Mr. HUBERT. All right, sir, would you please be sworn. Do you solemnly
swear that the testimony you are about to give in this matter will be
the truth, the whole truth, and nothing but the truth, so help you God?

Mr. RICHEY. I do.

Mr. HUBERT. Will you please state your name.

Mr. RICHEY. Warren E. Richey.

Mr. HUBERT. And your age?

Mr. RICHEY. 40.

Mr. HUBERT. Where do you live, sir?

Mr. RICHEY. 1600 Grantland Circle.

Mr. HUBERT. Fort Worth?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. What is your occupation?

Mr. RICHEY. TV engineer.

Mr. HUBERT. What station?

Mr. RICHEY. WBAP-TV.

Mr. HUBERT. How long have you been so occupied?

Mr. RICHEY. Thirteen years.

Mr. HUBERT. What is the function in general of a TV engineer?

Mr. RICHEY. Well, it is all phases of operation of TV equipment.

Mr. HUBERT. Were you on duty with the remote truck of WBAP-TV in Dallas
on November 23 and 24?

Mr. RICHEY. Yes.

Mr. HUBERT. Where was the truck parked?

Mr. RICHEY. It was parked on Commerce Street facing east.

Mr. HUBERT. That is to say, facing what street? Pearl or North Express?

Mr. RICHEY. I don’t know really. It was on the left-hand side of the
street facing east, right in front of the city hall, or whatever it is.

Mr. HUBERT. Do you know where Harwood Street is?

Mr. RICHEY. Harwood? No, sir; I am not very familiar with the streets.

Mr. HUBERT. How far away from the corner was the back of your truck?

Mr. RICHEY. Oh, I would say 40 or 50 feet, approximately. I don’t know.

Mr. HUBERT. How much room was there between the front of the truck and
the street curbing forming part of the entrance or exit from the police
department into Commerce Street?

Mr. RICHEY. Oh, 15 or 20 feet, I imagine. It wasn’t too far.

Mr. HUBERT. Were you on duty on the 23d of November? That is to say,
Saturday, November 23, 1963?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Was the position of the truck that you have just described
different on the 24th than that which you have described?

Mr. RICHEY. No, sir; it was moved in and left.

Mr. HUBERT. Stayed there both days?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. What hours were you on duty on the 23d? That is to say,
Saturday?

Mr. RICHEY. I don’t remember exactly what time we got over there. I
think we had a 6 o’clock call from here, from Fort Worth.

Mr. HUBERT. Six in the morning?

Mr. RICHEY. Yes. And I think we would have pictures by 8 o’clock, so I
would say we were there somewhere around 6:30, I imagine.

Mr. HUBERT. How long did you stay there?

Mr. RICHEY. It was till late that night. I am not sure of the time. I
believe it was around 8 or 9 o’clock, that night, but I am not sure.

Mr. HUBERT. When you went home, you left the equipment where it was?

Mr. RICHEY. That was on Saturday; yes, sir.

Mr. HUBERT. What time did you go back to work on Sunday, the 24th?

Mr. RICHEY. Sunday, I think I’m mixed up here. Sunday was the morning
we had a 6 o’clock call. Saturday morning is the day we moved in early.
We had a 1 o’clock call.

Mr. HUBERT. One o’clock?

Mr. RICHEY. Yes.

Mr. HUBERT. So you worked from 1 in the morning until about 8 Saturday
night?

Mr. RICHEY. It was rather not that Saturday night. We got back about
6:30 on Sunday morning. Saturday night is the night we stayed late.

Mr. HUBERT. Now prior to the 23d, or the 24th, did you know a man by
the name of Jack Ruby?

Mr. RICHEY. No; I never heard of him.

Mr. HUBERT. Never seen him before?

Mr. RICHEY. Never heard of him.

Mr. HUBERT. Did you see Jack Ruby or a man that you have now come to
believe was Jack Ruby or know was Jack Ruby on the 23d or the 24th?

Mr. RICHEY. Not on the 23d, but on the 24th, that would be Sunday, yes,
sir.

Mr. HUBERT. Now would you tell us about that.

Mr. RICHEY. Well, the man that I think was him and I am positive,
pretty sure in my own mind it was, he was just out on the street
alongside the truck in front of the building, the city court building.

Mr. HUBERT. Was he in the street in the sense that the place where the
automobiles were, or on the sidewalk alongside the building? On the
left side of the truck then?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Between the left side of the truck and the building?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Where were you?

Mr. RICHEY. I was on top of the truck with a camera.

Mr. HUBERT. Tell us what happened.

Mr. RICHEY. Well, the time that I saw him was, I would say, in the
neighborhood of 8 o’clock in the morning.

Mr. HUBERT. Is there any way you fix the time?

Mr. RICHEY. Not definitely, because we were busy lining up cameras, and
I didn’t really pay much attention to the time, but I would say it was
somewhere in that neighborhood.

Mr. HUBERT. What happened between the two of you?

Mr. RICHEY. Nothing, as far as I was concerned. I just saw him out
there.

Mr. HUBERT. Did you hear him say anything?

Mr. RICHEY. No, sir; I never did hear him say anything, because it was
cold and I had a coat pulled up over my ears.

Mr. HUBERT. How was he dressed?

Mr. RICHEY. He had on a sort of grayish topcoat and sort of a
gray-looking hat, and he didn’t look like, you know, he didn’t look
very neatly dressed.

Mr. HUBERT. Did he have a tie on?

Mr. RICHEY. I don’t recall.

Mr. HUBERT. Did he have an overcoat?

Mr. RICHEY. Topcoat; overcoat.

Mr. HUBERT. You think that was about 8 o’clock, in the morning?

Mr. RICHEY. The first time I saw him was somewhere in the neighborhood
of 8 o’clock. I am not positive.

Mr. HUBERT. Do you remember how long he stood around there?

Mr. RICHEY. Well, I saw him again sometime, I would say, around 10 or
a little before 10, and he was down past the ramp this time that goes
into the building--basement.

Mr. HUBERT. Do you mean he was down past in the sense that he had
progressed ahead of the front of your truck?

Mr. RICHEY. Yes, sir; he was down.

Mr. HUBERT. The Commerce Street entrance was between your truck and him?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Is there anything that drew your attention to him then?

Mr. RICHEY. No; not really.

Mr. HUBERT. Was he dressed in the same way?

Mr. RICHEY. At this time he was still dressed the same way. That was
the last time I saw him.

Mr. HUBERT. Those two occasions were roughly separated by about 2
hours, you think?

Mr. RICHEY. Somewhere around there; yes.

Mr. HUBERT. You didn’t know it was Jack Ruby?

Mr. RICHEY. No; I had no idea. I just thought he was a newsman, because
there were several out there walking around, and they moved the people
across the street, and he was one of the few that was left.

This person was one of the few that was left out there, and that is one
reason I thought he was a newsman, because they weren’t bothering the
newsmen.

Mr. HUBERT. Did you see him talk to any of the police that were
stationed along there?

Mr. RICHEY. No, sir; I didn’t see him talk to anyone.

Mr. HUBERT. You said that the second time was about 10 o’clock?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Is there any way in which you fix that time?

Mr. RICHEY. No, sir; not really. Well, it was about the time that we
thought they were to bring Oswald out. I think they told us it would
be about 10 o’clock. It was in that time period that we were sort of
looking for them to bring him out.

Mr. HUBERT. Judging from the time that Oswald was actually shot or
measuring from that time backward, could you tell us how long it was
from the time Oswald was shot, backward until you saw Ruby; or to put
it another way, how much time elapsed from the last time you saw Ruby
until Oswald was shot?

Mr. RICHEY. It was an hour or better.

Mr. HUBERT. Now can you tell us when was the very first time you
associated that man that you have just described as having seen at 8
o’clock and again at 10, or a little better, with Jack Ruby?

Mr. RICHEY. It was that night when I saw the rerun of the tape that was
made. And when I saw him, it looked like the same man that was dressed
differently, to me.

Mr. HUBERT. Now did the reruns show his face?

Mr. RICHEY. Not too good.

Mr. HUBERT. Did you ever see any mug shots?

Mr. RICHEY. I saw still shots.

Mr. HUBERT. When did you see those?

Mr. RICHEY. The next day, I believe; whenever the papers came out. It
was the pictures in the Dallas Herald, I believe, the big full-page
picture.

Mr. HUBERT. Do you know Ira N. Walker?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Was he on duty on the same truck with you that day?

Mr. RICHEY. Yes.

Mr. HUBERT. And I think Mr.----

Mr. RICHEY. Johnny Smith.

Mr. HUBERT. Johnny Smith was too?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Do you recall being in the company of them and seeing mug
shots relatively shortly after the shooting of Oswald on TV?

Mr. RICHEY. No, sir; I didn’t see those. They were in the truck where
they could see the pictures, but I was out on top of the truck.

Mr. HUBERT. Were you aware that they had seen the Ruby mug shots and
had associated them with the man that they had seen?

Mr. RICHEY. I don’t know. I don’t believe.

Mr. HUBERT. In other words, when you saw the rerun, you independently
reached the opinion that it was Jack Ruby?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. It was not suggested to you by the fact that Walker and
Smith had seen mug shots right after the shooting?

Mr. RICHEY. No, sir.

Mr. HUBERT. You didn’t know that they had seen the shots?

Mr. RICHEY. No, sir.

Mr. HUBERT. Now have you seen Jack Ruby since?

Mr. RICHEY. Not in person; no, sir. I have seen pictures, newsreels,
but I haven’t seen him actually.

Mr. HUBERT. You have seen pictures of him in the newspapers?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Newsreel films?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. What is your opinion now as to whether or not the man that
you have described that you saw twice on November 24, at about 8 and
then again about 10 on Commerce Street is or is not the man that you
now know from having seen pictures and so forth, as Jack Ruby?

Mr. RICHEY. I still believe that it is the same man.

Mr. HUBERT. You were not asked by the State to testify in the case?

Mr. RICHEY. No, sir; they came and talked to Johnny and Walker and
myself but they never did call me.

Mr. HUBERT. What is your opinion as to your identification of the man
on the street and Jack Ruby as being the same man relative to your
identification of him on the reruns as opposed to your identification
of him from the still photos and other pictures that you have seen of
him thereafter?

What I am trying to get at is, which one of the subsequent views you
had of Jack Ruby is stronger in your mind with reference to identifying
the man that you saw in the street?

Mr. RICHEY. The still pictures, except for the difference in clothes.
The clothes in the still pictures look different from the ones that
this person had on that I saw, but I would say the still pictures
looked more like him.

Mr. HUBERT. Nevertheless, it is a fact, that when you saw the reruns on
the night of the 24th, at that time you had an impression that it was
the same man?

Mr. RICHEY. Yes.

Mr. HUBERT. Was that a spontaneous thing?

Mr. RICHEY. Yes; when I saw it.

Mr. HUBERT. Did you say anything to anybody?

Mr. RICHEY. My wife, I believe, because we were watching the news.

Mr. HUBERT. You didn’t report it?

Mr. RICHEY. No.

Mr. HUBERT. Mr. Richey, I have in hand here a document which purports
to be a report of an interview of you by FBI Agents Haley and Madland
on December 4, 1963, which I have marked for identification as follows:
“Fort Worth, Texas, April 15, 1964, Exhibit 5316, deposition of Warren
E. Richey,” and I have signed my name on it.

I would like you to read the statement first, sir.

Mr. RICHEY. [Reads statement.]

Mr. HUBERT. Now, sir, you have read this document that I have
identified as Exhibit 5316, and I will ask you if it substantially
represents the truth as to the interview between you and the Federal
agents, or if you have any deletions, corrections, or any amendments to
make about it?

Mr. RICHEY. I would say it was all approximately right.

Mr. HUBERT. I invite your attention to the fact that this Exhibit 5316,
states that the time----

Mr. RICHEY. The time is different on there, but I tell you there has
been a lot happened since then that I couldn’t be too exact on the
time, really, because this was just, I don’t know, wasn’t too long
after this all happened.

Mr. HUBERT. For example, this statement mentions that you saw him about
9 o’clock and apparently doesn’t cover what you testified to. That is
to say, that you really saw him twice?

Mr. RICHEY. Well, I actually didn’t see him twice. This was a period of
time really from approximately 8 or somewhere in there up until about
10 o’clock. He wasn’t there early. That wasn’t what I meant.

Mr. HUBERT. Let’s get that straight. You saw him only once; is that
correct? Or twice?

Mr. RICHEY. Well, I saw him--I don’t know how to put it. It was a
period of time I saw him, between this time, probably several times
walked down the sidewalk.

Mr. HUBERT. He walked actually between the truck and the sidewalk side
of the building?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Then at one time you have a mental impression of having
seen him beyond the Commerce Street ramp?

Mr. RICHEY. Yes, sir; from the corner. I don’t even remember what
street. It runs in front of the court building back of the truck.
But he was within that area from that street up beyond the ramp. But
this last time I saw him was at the ramp. But he was in between there
several times that morning.

Mr. HUBERT. Between 8?

Mr. RICHEY. And 10 o’clock.

Mr. HUBERT. But you think that the very last time that you saw him----

Mr. RICHEY. Was around 10 o’clock.

Mr. HUBERT. What fixes 10 in your mind?

Mr. RICHEY. Like I say, it was about the time they were expecting them
to bring Oswald down in the building. That was when the chief of police
told us they would be bringing him out, and we were looking for him,
because I was up there on a camera, with a camera on the ramp.

Mr. HUBERT. Had you gotten any kind of alert standby?

Mr. RICHEY. No, sir. There was no alert of any kind. It was just the
time that they had given us the night before, actually.

Mr. HUBERT. Anyhow, you say that your recollection is that the last
time you saw him, which was when you saw him beyond the Commerce Street
ramp, was approximately an hour or a little better from the actual
shooting?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. That is the last time you remember seeing him?

Mr. RICHEY. That was the end of it.

Mr. HUBERT. Did he seem at that time to be walking away from your truck?

Mr. RICHEY. No, sir; he was standing.

Mr. HUBERT. He was just standing?

Mr. RICHEY. He was standing.

Mr. HUBERT. Did you see any police near him?

Mr. RICHEY. No, sir; not near him. They had one policeman out on the
ramp.

Mr. HUBERT. But when you saw him, it was after all the crowd had been
moved over?

Mr. RICHEY. They were across the street.

Mr. HUBERT. From the side of the street where your truck was, to the
opposite side of Commerce Street?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Were there many other people like this man walking around
in that area?

Mr. RICHEY. There was just occasionally newsmen, because they were
congregating in the basement and they would come by.

Mr. HUBERT. But this man whom you have identified as Jack Ruby; did he
have any kind of paper or press badge which you observed in the nature
of a press badge?

Mr. RICHEY. No, sir; not that I saw, because there was a lot of newsmen
that didn’t have passes. Some of our crew didn’t even have passes, WBAP.

Mr. HUBERT. Do you remember when the armored truck pulled in there?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Was that before or after the last time you saw the man you
have identified as Jack Ruby?

Mr. RICHEY. I believe that was the--I believe the armored truck pulled
in after I saw him the last time, because there was one pulled in and
backed in, and the other one parked on the street.

Mr. HUBERT. You think that the last time you saw Ruby was before?

Mr. RICHEY. Before any of that happened?

Mr. HUBERT. Before any of that happened.

Mr. RICHEY. Yes, sir; I believe it was.

Mr. HUBERT. All right; Mr. Richey, have you been interviewed by any
member of the President’s Commission prior to this occasion?

Mr. RICHEY. No, sir.

Mr. HUBERT. Have you anything else to say in any way?

Mr. RICHEY. No, sir; I don’t know of anything.

Mr. HUBERT. I think you said that you really didn’t hear Ruby say
anything?

Mr. RICHEY. No, sir.

Mr. HUBERT. I notice that this statement which has been identified as
5316--let me ask you: You were interviewed by the FBI?

Mr. RICHEY. Yes, sir; that was 2 or 3 days, I believe, after.

Mr. HUBERT. You were interviewed at the same time as Mr. Walker and Mr.
Smith?

Mr. RICHEY. Yes; and there were some others.

Mr. HUBERT. Was that an individual interview?

Mr. RICHEY. Not in our case. We were all together in the studio of WBAP.

Mr. HUBERT. You weren’t taken aside separately and individually?

Mr. RICHEY. Not when the FBI talked to us.

Mr. HUBERT. Each of you gave your story and the FBI agents made notes?

Mr. RICHEY. Yes.

Mr. HUBERT. Did he ever ask you to check the notes or any draft?

Mr. RICHEY. No, sir; I have never heard or seen them since.

Mr. HUBERT. You were on duty with the truck during the day of Saturday,
November 23?

Mr. RICHEY. Yes, sir.

Mr. HUBERT. Would it be possible that the man you saw and identified as
Jack Ruby would have been seen by you on the 23d rather than the 24th?

Mr. RICHEY. No, sir; I don’t recall seeing anyone that even looked like
him on the 23d. That one morning is the only morning that I recall
seeing anyone that even looked like him.

Mr. HUBERT. On the 24th, I think you testified the crowd had been moved
over on the other side of the street?

Mr. RICHEY. Yes.

Mr. HUBERT. Had that been done on the 23d?

Mr. RICHEY. No, sir; no one bothered. There weren’t too many around
on the 23d. Mostly newsmen was all that was around on the 23d. There
wasn’t any crowd, really, but they started congregating on Sunday
morning on both sides of the ramp.

Mr. HUBERT. It was after they had begun to congregate that you saw this
man you have identified as Jack Ruby?

Mr. RICHEY. Yes, sir; and then they moved the other people across, and
I still saw him after they moved the other people across the street.

Mr. HUBERT. All right, sir. Thank you very much.



TESTIMONY OF MALCOLM R. SLAUGHTER

The testimony of Malcolm R. Slaughter was taken at 7:30 p.m., on April
16, 1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. Mr. Slaughter, my name is Leon Hubert. I am a member of the
advisory staff of the General Counsel of President Johnson’s Commission
on the Assassination of President Kennedy. Under the provisions of
Executive Order 11130, dated November 29, 1963, and Joint Resolution of
Congress No. 137, and the rules of procedure adopted by the Commission
in accordance with the Executive order and the joint resolution of
Congress, I have been authorized to take a sworn deposition from you.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relating to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald. In particular as to you, Mr. Slaughter, the nature
of the inquiry tonight is to determine what facts you know about the
death of Oswald and any other pertinent facts you may know about the
general inquiry, and particularly what you may know about Jack Ruby and
his whereabouts and movements on Sunday, November 24.

Mr. Slaughter, normally the witnesses are required to come before the
Commission by a written letter or notice in writing sent to them by a
member of the Commission or the general counsel, Mr. J. Lee Rankin. I
have such a letter in my possession, but we have been unable to get it
to you on account of your work.

Mr. SLAUGHTER. I have the letter.

Mr. HUBERT. Did you get it over 3 days ago?

Mr. SLAUGHTER. I got it; I got it last Friday.

Mr. HUBERT. Well, that’s fine. Then, it is over 3 days ago. Now,
would you stand and take the oath, please? Do you solemnly swear the
testimony you are about to give before the Commission will be the
truth, the whole truth, and nothing but the truth, so help you God?

Mr. SLAUGHTER. Yes.

Mr. HUBERT. Will you state your name, please?

Mr. SLAUGHTER. Malcolm R. Slaughter.

Mr. HUBERT. Your age?

Mr. SLAUGHTER. Forty-four.

Mr. HUBERT. Your residence?

Mr. SLAUGHTER. 5638 Ridgeway Drive, Houston, Tex.

Mr. HUBERT. What is your occupation, Mr. Slaughter?

Mr. SLAUGHTER. Line driver.

Mr. HUBERT. For what company?

Mr. SLAUGHTER. For Red Ball Motor Freight.

Mr. HUBERT. How long have you been so employed?

Mr. SLAUGHTER. Eight years.

Mr. HUBERT. You are a family man?

Mr. SLAUGHTER. Yes, sir.

Mr. HUBERT. So you have a wife and children?

Mr. SLAUGHTER. Yes, sir.

Mr. HUBERT. I understand that tonight you are en route from one point
to another?

Mr. SLAUGHTER. That’s correct.

Mr. HUBERT. I think that during last fall you and at least one other
of your friends or fellow drivers of trucks rented an apartment as a
stopoff or sleeping place here in Dallas; is that correct?

Mr. SLAUGHTER. We were domiciled in Dallas at that time.

Mr. HUBERT. You were?

Mr. SLAUGHTER. Yes.

Mr. HUBERT. Would you tell us where this apartment was located?

Mr. SLAUGHTER. In the Oak Cliff section of Dallas--223 South Ewing.

Mr. HUBERT. What apartment did you have?

Mr. SLAUGHTER. Apartment 204.

Mr. HUBERT. Who else shared that apartment with you?

Mr. SLAUGHTER. Jack Scritchfield [spelling] S-c-r-i-t-c-h-f-i-e-l-d,
and Sidney Evans.

Mr. HUBERT. You don’t have that apartment any more, I take it?

Mr. SLAUGHTER. No, sir; I vacated March 1.

Mr. HUBERT. When did you first occupy the apartment?

Mr. SLAUGHTER. October 30, 1963.

Mr. HUBERT. And how often were you there between that date and November
24, 1963?

Mr. SLAUGHTER. You say--how often?

Mr. HUBERT. Yes, sir--I mean--did you live there or were you on the
road a great deal of the time?

Mr. SLAUGHTER. We maintained our homes in Houston but due to the fact
we drove out of Dallas, Tex., off of the pool board in Dallas, we had
to maintain a residence in Dallas. That’s why the three of us split
costs and rented this apartment.

Mr. HUBERT. What I wanted to get at--we are talking about a period of
approximately 24 or 25 days, from October 31, I think you said, until
November 24, and I was just wondering how many of those nights or days
you were on the road and didn’t occupy the apartment?

Mr. SLAUGHTER. Well, I have logs to substantiate it--I can’t give you
the exact figure.

Mr. HUBERT. No, sir--just approximately.

Mr. SLAUGHTER. In and out--every time I was in Dallas I stayed there.

Mr. HUBERT. That would be how often, roughly?

Mr. SLAUGHTER. It could be every night--every third night, and most
generally always on weekends.

Mr. HUBERT. And when you did stay in that apartment it would be during
the daytime, sometimes?

Mr. SLAUGHTER. Yes, sir--mostly in the daytime.

Mr. HUBERT. And mostly on Sundays and Saturdays?

Mr. SLAUGHTER. On weekends.

Mr. HUBERT. On weekends?

Mr. SLAUGHTER. Yes, sir.

Mr. HUBERT. Did you ever get to meet a man by the name of Jack Ruby who
occupied an apartment in that same building?

Mr. SLAUGHTER. Not personally.

Mr. HUBERT. Did you see him prior to November 24, 1963?

Mr. SLAUGHTER. I would say possibly two or three times in passing, only.

Mr. HUBERT. Did you ever converse with him?

Mr. SLAUGHTER. No, sir; only to say “hello” or some such greeting as
that.

Mr. HUBERT. Did you know his name at that time?

Mr. SLAUGHTER. No, sir--not at that time.

Mr. HUBERT. Prior to November 24 you did not know his name?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Did you know George Senator, who lived with him?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Did you know him as well as you knew Jack Ruby, say, but of
course--you didn’t know him at all?

Mr. SLAUGHTER. I don’t know George Senator to this moment.

Mr. HUBERT. Did you know a man, even if you did not know his name, who
shared an apartment with Jack Ruby?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Now, coming precisely to November 24, 1963, do you remember
whether you were at the apartment that you have described on that date?

Mr. SLAUGHTER. I was.

Mr. HUBERT. Do you remember whether you saw Jack Ruby on that date? At
or about or near the apartment?

Mr. SLAUGHTER. On November 24?

Mr. HUBERT. Yes.

Mr. SLAUGHTER. I did.

Mr. HUBERT. At approximately what time did you see him, sir?

Mr. SLAUGHTER. Approximately 10:05 a.m.

Mr. HUBERT. Now, you are fixing that time very accurately, and I want
to ask you how you do so?

Mr. SLAUGHTER. Mr. Evans had just returned from a Catholic church
in Oak Cliff, stating that he thought there was a 10 o’clock mass;
however, there was none, so he returned to our apartment approximately
at 10 o’clock a.m. I had just gotten up when he came in the apartment.

Mr. HUBERT. That’s Evans you are talking about?

Mr. SLAUGHTER. When Evans came in the apartment, I spoke to him and
asked him what happened. He replied there was no mass at 10 a.m.
He had decided to go to 11 o’clock mass. I went out in the kitchen
and put on the coffee pot. Then I asked Evans how was the weather?
He said, “Rather windy.” So, as was my custom, I walked out on the
balcony just for my own information to see what the weather was like.
It is approximately 50 feet to the railing where I would look down the
freeway, and as I walked out the door toward this railing, I met Jack
Ruby.

Mr. HUBERT. Was that in the hallway of the place?

Mr. SLAUGHTER. On a balcony, sir. He was coming the opposite way. I
said, “Good morning,” and he acknowledged the greeting, not with the
words “Good morning,” or “Howdy,” or any such statement, but he did
acknowledge the greeting.

Mr. HUBERT. That is to say, he made no sound but he made a nod, I
suppose; is that what you mean?

Mr. SLAUGHTER. “Hmmm”; something like that.

Mr. HUBERT. You passed right by him, then?

Mr. SLAUGHTER. That’s correct.

Mr. HUBERT. Within a matter of a foot or two?

Mr. SLAUGHTER. That’s correct.

Mr. HUBERT. How was he dressed at that time?

Mr. SLAUGHTER. In my terms, I would say very casual, such as a pair
of khakis and a light jacket. I, myself, wear khakis and T-shirt as
lounging clothes, we’ll use that term. I would say that Jack Ruby was
dressed similarly.

Mr. HUBERT. Did he have a coat on, and I don’t mean an overcoat, but a
coat to a suit?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Did he have a shirt or tie on?

Mr. SLAUGHTER. I don’t think he did. As I said, he did have a light
jacket on and it appeared to be as my dress or a T-shirt, or some
nature as that.

Mr. HUBERT. Did he appear to be shaved?

Mr. SLAUGHTER. I didn’t observe that closely.

Mr. HUBERT. Did you observe whether his hair was disheveled?

Mr. SLAUGHTER. His hair was combed and I’ll say he was more or less
looking down as if in deep thought. That’s my impression.

Mr. HUBERT. Did he have a hat on?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. From what direction was he coming?

Mr. SLAUGHTER. Direction-wise he was coming from the end of the stairs
which would let him walk in front of our apartment on down to his. As
for direction, that would be----

Mr. HUBERT. He was going toward his apartment?

Mr. SLAUGHTER. That’s right.

Mr. HUBERT. If he continued in that direction, he, of course, could get
to his apartment, but could he get to the lower floor at all?

Mr. SLAUGHTER. Not without back tracking or passing his apartment.
There is a stairway on either end of the balcony.

Mr. HUBERT. And you met him about the middle of it or something like
that?

Mr. SLAUGHTER. Toward our end.

Mr. HUBERT. Did you observe whether he went into his apartment or not?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Was he carrying anything?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Do you know where he parked his car?

Mr. SLAUGHTER. Only hearsay. There was parking space provided for all
tenants at the rear of the apartment.

Mr. HUBERT. Well, considering where that parking space was, if he were
going from his car to his apartment, would he be taking the route you
saw him take, or would the other route have been better?

Mr. SLAUGHTER. Well, as I say, I don’t know his car--I do not know
where he was parked. Presuming he would park where the rest of us did
and he was coming from his car?

Mr. HUBERT. Yes.

Mr. SLAUGHTER. Presumably, it would have been the other end of the
stairway that he would have used.

Mr. HUBERT. Rather than what he probably used--that’s the stairway that
was on the end toward which you were approaching, is that right?

Mr. SLAUGHTER. That’s correct. My presumption there would be that he
had either been to the mailbox or to the manager’s apartment.

Mr. HUBERT. Could he have been to the basement where it was possible to
wash clothes?

Mr. SLAUGHTER. That’s on the other end of the building.

Mr. HUBERT. So, that it would be improbable that he would be coming at
that time from the basement area?

Mr. SLAUGHTER. It would be improbable--yes.

Air. Hubert. When Mr. Evans came in, were you awake?

Mr. SLAUGHTER. I know not whether I was awake or he awakened me upon
entering.

Mr. HUBERT. But you would judge that it would be about 10 minutes from
the time that you first spoke to Evans until you saw Jack Ruby, or
longer? Or shorter?

Mr. SLAUGHTER. I would say approximately that length of time.

Mr. HUBERT. About 10 minutes?

Mr. SLAUGHTER. About 10 minutes.

Mr. HUBERT. In other words, in order to get it exactly straight, you
would estimate that Evans came in about 5 minutes to 10, and that you
occupied yourself in speaking to him a bit, and putting on the coffee,
talking about the weather, and subsequently going out on the balcony
and at the point at which you saw Ruby 10 minutes had elapsed from the
time you first had spoken to Evans?

Mr. SLAUGHTER. That’s approximately correct.

Mr. HUBERT. Did you see Ruby any more that day?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Was there much space between your apartment and his
apartment?

Mr. SLAUGHTER. Two apartments.

Mr. HUBERT. You couldn’t hear anything that might be going on in his
apartment?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Did you hear anything from the direction of his apartment
which might have indicated someone was leaving?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Did you hear or see his automobile leave?

Mr. SLAUGHTER. No, sir; I haven’t seen him yet.

Mr. HUBERT. This third gentleman who shared the apartments with you, I
think you called him Mr. Scritchfield?

Mr. SLAUGHTER. Jack Scritchfield.

Mr. HUBERT. Was he there then?

Mr. SLAUGHTER. Yes, sir.

Mr. HUBERT. Did he see Ruby to your knowledge?

Mr. SLAUGHTER. Not on that day; no, sir.

Mr. HUBERT. Was he sleeping?

Mr. SLAUGHTER. He had just gone to bed within 30 minutes of Evans’
arrival.

Mr. HUBERT. And you would judge that he was asleep or at least in bed
at the time Evans got back?

Mr. SLAUGHTER. Yes, sir.

Mr. HUBERT. Had he been up prior to that time and moving around?

Mr. SLAUGHTER. You are speaking of Jack?

Mr. HUBERT. Yes.

Mr. SLAUGHTER. He had just come in off of a run.

Mr. HUBERT. He walked right into the house and undressed and went to
bed?

Mr. SLAUGHTER. In a very short matter of time--I don’t know exactly
what time Jack got to the apartment, but he had been on an overnight
run and he had just arrived and was due to sleep all day Sunday.

Mr. HUBERT. Prior to the time that you saw Ruby, had Sidney Evans
mentioned anything to you about having seen him also?

Mr. SLAUGHTER. Not until after the television program.

Mr. HUBERT. Had you ever seen Ruby in or about the apartments with any
feminine company?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Had you ever seen him there walking in or about with any
man?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Had you ever seen him with a dog?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Mr. Slaughter, have you ever been interviewed by any member
of the Commission prior to this occasion?

Mr. SLAUGHTER. Not the Commission.

Mr. HUBERT. All right, sir, have you anything else that you can tell us
regarding the movements of Jack Ruby on this day or on any other day?

Mr. SLAUGHTER. No, sir.

Mr. HUBERT. Thank you very much. We appreciate your cooperation.

Mr. SLAUGHTER. That’s all right--I hope this was some help.

Mr. HUBERT. Thank you again.



TESTIMONY OF VERNON S. SMART

The testimony of Vernon S. Smart was taken at 12:15 p.m., on March 25,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Burt W. Griffin,
assistant counsel of the President’s Commission.


Mr. GRIFFIN. Lieutenant Smart, my name is Burt Griffin, and I am one
of the attorneys on the advisory staff of the General Counsel of the
President’s Commission Investigating the Assassination of President
Kennedy. This Commission has been set up by virtue of an Executive
order issued by President Johnson and joint resolution of Congress.
The Executive order is No. 11130 and the congressional resolution
is No. 137. We have promulgated a set of rules of procedure, the
Commission has, and under these rules of procedure, I have been given
authority to take your sworn deposition. Part of our rules of standard
procedure is to explain to you in advance what the general nature of
the Commission’s inquiry is. I will state in a general fashion that we
are trying to ascertain and evaluate and report back to the President
on the facts, and all of the facts, that relate to the assassination of
President Kennedy and the murder of Lee Oswald. Our particular concern
in calling you has more to do with the assassination or murder of Lee
Oswald than it has to do with the assassination of the President;
however, we want to have all of the information that you have which
you think is pertinent to the matter that the Commission is involved
in. Now, we have addressed a letter, that is, the General Counsel
has addressed a letter, to Chief Curry requesting that you be made
available to appear here. Under the rules of the Commission, you are
entitled to a personal 3-day notice before you testify. You can waive
this notice. I will ask you right now if you want the 3-day notice or
whether you are willing to waive the notice?

Mr. SMART. No; I will waive it.

Mr. GRIFFIN. Also, you are entitled to have an attorney here, and some
of the witnesses do have attorneys and others of them don’t, and I take
it that, by the fact that you are appearing here alone, that you do
not desire an attorney; however, if you do desire to have an attorney
present representing you, I wish you would say so at this time, and
don’t feel that it would be any embarrassment to any of us or we would
be concerned about it.

Mr. SMART. No; I don’t feel like I need one right now.

Mr. GRIFFIN. Well, let me tell you.

Mr. SMART. Not for this; no.

Mr. GRIFFIN. We have no authority to prosecute anybody.

Mr. SMART. Yes.

Mr. GRIFFIN. This is a factfinding matter, and I think more than very
many people fully appreciate that this investigation is intimately
connected with the security of the country.

Mr. SMART. Right.

Mr. GRIFFIN. And, of course, most particularly the security of the
President, and it is terribly important from a standpoint of protection
and making sure that things don’t happen in the future----

Mr. SMART. I understand.

Mr. GRIFFIN. That we get everything. We have collected a lot of
information in this area, and I can only tell you that what you think
might be unimportant or would be more interested in withholding for
fear of embarrassing somebody could be terribly important to us when
all of the pieces are put together.

Mr. SMART. That is right.

Mr. GRIFFIN. Now, let me ask you if you have any questions about what
we are doing here?

Mr. SMART. No; I think I understand.

Mr. GRIFFIN. Let me swear you in, then. If you will, will you raise
your right hand? Do you solemnly swear that the testimony you are about
to give is the truth, the whole truth, and nothing but the truth?

Mr. SMART. I do.

Mr. GRIFFIN. Lieutenant Smart, when were you born?

Mr. SMART. July 10, 1912.

Mr. GRIFFIN. And where do you live now?

Mr. SMART. Dallas.

Mr. GRIFFIN. What is your address?

Mr. SMART. 2120 Ballycastle Street.

Mr. GRIFFIN. All right. And you are employed with the Dallas Police
Department?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. And you are a lieutenant?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. How long have you been with the police department?

Mr. SMART. Twenty-nine years.

Mr. GRIFFIN. Have you been interviewed by any member of this staff? I
am not talking about FBI agents, but any members of the President’s
Commission staff----

Mr. SMART. No, sir.

Mr. GRIFFIN. Other than me?

Mr. SMART. No, sir.

Mr. GRIFFIN. And have I interviewed you before taking your deposition
here?

Mr. SMART. No, sir.

Mr. GRIFFIN. All right. I am going to mark here for identification
purposes a copy of an interview that was held with you by Special
Agents Bookhout and Myers, [spelling] M-y-e-r-s, and that is Bookhout
[spelling], B-o-o-k-h-o-u-t, of the Federal Bureau of Investigation on
November 25, 1963. I am going to mark that, “Dallas, Texas, Lieutenant
Smart, 3-25-64, Exhibit 5021.” I am going to hand it to you and ask you
if you have had a chance to read that over?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. Now, are there any additions or corrections that you would
care to make in that?

Mr. SMART. No. I told it to them just as I saw and heard it.

Mr. GRIFFIN. Now, did you file a report of your own activities with the
police department?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. I wonder if you would be good enough to provide us with a
copy of that. You think, after this interview is over, you could get a
copy of it and provide it to us?

Mr. SMART. Could I?

Mr. GRIFFIN. Yes.

Mr. SMART. You say could I?

Mr. GRIFFIN. Yes.

Mr. SMART. I think so. I don’t have it in my possession.

Mr. GRIFFIN. We have asked everybody else, and there is no problem on
that.

Mr. SMART. Yes, I am sure they will.

Mr. GRIFFIN. Let me ask you this. Were you on duty on November 22?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. Where were you stationed?

Mr. SMART. Wait a minute. November 22?

Mr. GRIFFIN. The day that the President was shot.

Mr. SMART. No, sir.

Mr. GRIFFIN. Were you on duty on November 23?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. And what time did you come to work that day?

Mr. SMART. 7 a.m.

Mr. GRIFFIN. Now, you are in charge of the auto theft division, is that
right?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. Is there any officer who is above you in the auto theft
division?

Mr. SMART. At that time?

Mr. GRIFFIN. Yes.

Mr. SMART. No. You say are there or was there?

Mr. GRIFFIN. Was there at that time?

Mr. SMART. No, sir.

Mr. GRIFFIN. Now, what was the relationship of Captain Nichols?

Mr. SMART. He was off duty that day.

Mr. GRIFFIN. I see. But he is also an officer in it?

Mr. SMART. He is in charge of it.

Mr. GRIFFIN. He is----

Mr. SMART. He is the captain.

Mr. GRIFFIN. He is in charge of the whole division?

Mr. SMART. The whole bureau.

Mr. GRIFFIN. I see.

Mr. SMART. In his absence, I am in charge.

Mr. GRIFFIN. I see. Now, what time did you leave on the 23d, leave work?

Mr. SMART. It was late in the afternoon. I don’t remember the time.

Mr. GRIFFIN. On the 23d, did you give any assistance in connection with
the investigation of the murder of the President, did you lend any
assistance to that----

Mr. SMART. No, sir.

Mr. GRIFFIN. To that investigation?

Mr. SMART. No, sir.

Mr. GRIFFIN. Did you lend any assistance in connection with preserving
security in the building or press relations or anything like that?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. Can you tell us--I am talking about the 23d.

Mr. SMART. Twenty-third?

Mr. GRIFFIN. Can you tell us what you did on the 23d in that regard?

Mr. SMART. I was told by Chief Stevenson to have all of the men in my
bureau to stand by to assist in the transfer of Oswald.

Mr. GRIFFIN. Now, when were you told this by Chief Stevenson?

Mr. SMART. It must have been--I can’t say for sure--in the neighborhood
of 8 or 9 o’clock in the morning.

Mr. GRIFFIN. On Saturday morning?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. That is the day before the transfer.

Mr. SMART. Said he didn’t know what time they were going to move him
but to have all of the men stand by available.

Mr. GRIFFIN. Did you then pass the word throughout your division?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. Did you prepare any written memorandum of this?

Mr. SMART. No, sir.

Mr. GRIFFIN. Would there be anything in writing to indicate what sort
of instructions were given or that there were instructions given?

Mr. SMART. All verbal.

Mr. GRIFFIN. Do you remember talking with any particular men about this
in your department?

Mr. SMART. I talked to each one of them, told them to stand by and I
would tell them when to report to the basement.

Mr. GRIFFIN. I see. Now, of course, nothing happened, he wasn’t moved
that day, Oswald was not moved on Saturday?

Mr. SMART. Wait a minute. I am all crossed up.

Mr. GRIFFIN. I thought you were.

Mr. SMART. I am talking about the day he was moved.

Mr. GRIFFIN. Okay.

Mr. SMART. I am all crossed up.

Mr. GRIFFIN. Okay. That is why I asked you.

Mr. SMART. Sunday, wasn’t it?

Mr. GRIFFIN. That is why I asked you.

Mr. SMART. Sunday.

Mr. GRIFFIN. Okay.

Mr. SMART. I am speaking of Sunday, the day they moved him, now.

Mr. GRIFFIN. All right.

Mr. SMART. Saturday, I didn’t do anything.

Mr. GRIFFIN. Now, before you came to work on Sunday, had you heard
anything, even by way of rumor, with respect to the fact that Oswald
might be moved that day?

Mr. SMART. That was when?

Mr. GRIFFIN. Came to work--before you arrived at work on Sunday morning.

Mr. SMART. No, sir; I didn’t hear anything.

Mr. GRIFFIN. All right. Now, where was Stevenson when he talked to you
about having your men ready?

Mr. SMART. In his office.

Mr. GRIFFIN. And were you personally there or did you receive this by
telephone?

Mr. SMART. I received it from him.

Mr. GRIFFIN. And did you have any discussion with him at that time----

Mr. SMART. No, sir.

Mr. GRIFFIN. About the moving?

Mr. SMART. No, sir; he said have the men stand by and he would notify
me when to have them report to the basement.

Mr. GRIFFIN. About how long was this before Oswald was actually moved,
would you estimate?

Mr. SMART. I couldn’t say for sure, but I think I must have talked to
him between--it must have been around 9 o’clock in the morning or maybe
earlier. I am not sure. I didn’t make a note of the time.

Mr. GRIFFIN. And were there other department heads or bureau heads in
there at the time that you got this information?

Mr. SMART. In and out.

Mr. GRIFFIN. Do you have any information as to whether Stevenson made a
general request to all bureaus to have their men stand by or was this
just specifically directed toward you?

Mr. SMART. I think it was general.

Mr. GRIFFIN. That is, do you have any confirmation of that, have you
talked to other bureau heads, for example, to find out?

Mr. SMART. Captain Jones.

Mr. GRIFFIN. What bureau is he connected with?

Mr. SMART. Forgery.

Mr. GRIFFIN. What about the other bureau heads there? Did you talk to
them?

Mr. SMART. Captain Martin, we discussed it among ourselves about having
our men stand by.

Mr. GRIFFIN. Now, when did you discuss it with those gentlemen?

Mr. SMART. Shortly after I talked with Stevenson.

Mr. GRIFFIN. I see.

Mr. SMART. It was general knowledge around that all of the men were
supposed to stand by. You know how those things get out.

Mr. GRIFFIN. I see. I see. Now, when was the next time that you got any
information about the movement of Lee Oswald?

Mr. SMART. In the neighborhood of 11 o’clock, it could have been before
or after a little bit, Chief Stevenson told me to have my men report to
the basement.

Mr. GRIFFIN. Now, what did you do when you took your men down to the
basement?

Mr. SMART. I instructed the men to go down to the basement and I went
with them.

Mr. GRIFFIN. Did you personally place these men----

Mr. SMART. No, sir.

Mr. GRIFFIN. In any positions?

Mr. SMART. No, sir.

Mr. GRIFFIN. Do you remember if----

Mr. SMART. I turned them over to Captain Jones, he was handling that,
and I told him, if I could help him, to let me know, that I would be
down there, and he placed them.

Mr. GRIFFIN. What did you do at that point?

Mr. SMART. At that time, they were attempting to back this armored
truck in, and I walked up the ramp, and they were having difficulty
getting it in on account of the height of it and so forth, and Chief
Batchelor was present, if I am not mistaken, he went down with us or in
the group, and he and I decided with the driver that we couldn’t get
it all of the way down, and parked it about a third of the way down, I
guess.

Mr. GRIFFIN. Are you a uniformed officer?

Mr. SMART. Beg your pardon.

Mr. GRIFFIN. Do you wear a uniform?

Mr. SMART. No, sir.

Mr. GRIFFIN. I want to get here a diagram that we have been using. I
am going to ask you to mark on this diagram. This is a diagram of the
basement. Here is the jail office.

Mr. SMART. Uh-huh.

Mr. GRIFFIN. The ramp up to Commerce Street, the ramp down from Main
Street, and the garage area. Now, can you mark on this map or chart----

Mr. SMART. This ramp goes on out like this, doesn’t it?

Mr. GRIFFIN. Yes.

Mr. SMART. This is really a solid wall.

Mr. GRIFFIN. Let me explain what this is here. This is the basement
wall, this far black line is the basement wall, which underneath the
ground goes all of the way out to the sidewalk, beyond the sidewalk.

Mr. SMART. Uh-huh.

Mr. GRIFFIN. However, at the street level----

Mr. SMART. This would all be sidewalk?

Mr. GRIFFIN. This would all be sidewalk.

Mr. SMART. I see.

Mr. GRIFFIN. Now, will you show us on this diagram where you were
standing just before Lee Oswald was shot?

Mr. SMART. Well, I would say about here.

Mr. GRIFFIN. Would you mark it with an “X” if you would?

Mr. SMART. All right. Roughly.

Mr. GRIFFIN. Would you do something? Would you put your initials beside
it or something to indicate that that is you? Okay. Now, did you see
Sam Pierce’s car go out of the driveway?

Mr. SMART. No; I didn’t.

Mr. GRIFFIN. Which direction or what were you doing at the time that
Pierce’s car would have gone out about a minute ago?

Mr. SMART. I don’t know when his car went out. I heard them talking
about it. It was supposed to have gone out this way, wasn’t it?

Mr. GRIFFIN. Yes; now, when you were standing by the armored car, were
you looking up to Commerce Street?

Mr. SMART. At the time of the shooting?

Mr. GRIFFIN. No; not at the time of the shooting.

Mr. SMART. Well, I was looking every way that I could, this side of the
truck, this side of the truck, trying to see down here from time to
time, but I couldn’t see much for the television lights.

Mr. GRIFFIN. Now, how long----

Mr. SMART. I was mainly interested in the security angle from across
the street, so forth. That was my thought.

Mr. GRIFFIN. How long had you remained--how long had you been here by
the side of this armored truck prior to the time that you heard any
shots in the basement?

Mr. SMART. Oh, long enough that, when the truck backed down, Batchelor
and I found some bottles in it, anything that might be used as a weapon
that was loose in the truck. I don’t know how long that would have
been, practically all of the time that I was in the basement.

Mr. GRIFFIN. Were you standing beside the truck?

Mr. SMART. No; I was up here.

Mr. GRIFFIN. Do you want to mark up there where the truck was? Why
don’t you mark a square where the truck was?

Mr. SMART. This is strictly guesswork because I didn’t measure in feet
or anything.

Mr. GRIFFIN. This is all right. Just a rough idea. And you were
standing at the place where you were standing beside the truck?

Mr. SMART. I had been in the truck, around the truck, I had taken
some bottles over here and set them on a ledge out of the way and
I had walked back--of course, this doesn’t represent too many
feet--approximately halfway from the truck down to the end of the ramp,
and at the time that I heard the shot, I was looking out this way.

Mr. GRIFFIN. I see. What did you do at the time that you heard the shot?

Mr. SMART. What did I do at the time?

Mr. GRIFFIN. Yes.

Mr. SMART. I immediately rushed down to where the scuffle was going on.

Mr. GRIFFIN. Now, did you at any time go into the jail office?

Mr. SMART. No, sir.

Mr. GRIFFIN. I understand that you talked to “Blackie” Harrison right
after the scuffle.

Mr. SMART. Yes, uh-huh, as soon as I got to the scene.

Mr. GRIFFIN. Was Ruby still there?

Mr. SMART. Yes; I asked “Blackie” who he was.

Mr. GRIFFIN. Did you talk with “Blackie” after that that day?

Mr. SMART. Later in the day?

Mr. GRIFFIN. Yes, sir.

Mr. SMART. I don’t recall it if I did.

Mr. GRIFFIN. Between the time that you talked with Harrison and the
time that you were informed that you should go to Ruby’s car and search
the car, what did you do?

Mr. SMART. I was told by Chief Stevenson to check all of--to put guards
on the elevators and on the doors on the first floor.

(Discussion off of the record.)

Mr. GRIFFIN. And did you do that?

Mr. SMART. I did that, and I went back to my office, resumed my usual
routine.

Mr. GRIFFIN. That is on the third floor?

Mr. SMART. Right.

Mr. GRIFFIN. How long did you remain up there on the third floor before
you were asked to do something in connection with Ruby’s car?

Mr. SMART. I couldn’t say for sure. It was some time, though, elapsed,
quite some time elapsed, and Chief Stevenson would call me on the phone
and gave me the license number of his car and told me where it was
parked, asked me--told me there was a sum of money in it, to go over
and remove it.

Mr. GRIFFIN. You got out there, and I take it from your statement that
you found that somebody else had already been to the car?

Mr. SMART. No, sir.

Mr. GRIFFIN. You were the first one to the car?

Mr. SMART. I don’t think I said that anyone else had been to it.

Mr. GRIFFIN. I will correct the record, because his statement doesn’t
reflect it, what I said. All right. When you got to the car, was the
car locked or unlocked?

Mr. SMART. The doors were unlocked.

Mr. GRIFFIN. Now, did you have a key to the car at that time?

Mr. SMART. No, sir.

Mr. GRIFFIN. Had you been told at that time whether or not there was a
key to the car----

Mr. SMART. No, sir.

Mr. GRIFFIN. Or whether you needed one?

Mr. SMART. No, sir; I hadn’t been told. I just assumed that the keys
were in the car, but nobody told me that.

Mr. GRIFFIN. Now, when you got there----

Mr. SMART. Being on a parking lot, you know, naturally, I didn’t think.

Mr. GRIFFIN. Was there a dog in that car?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. Where was the dog when you got to the car?

Mr. SMART. The dog had crawled under a newspaper in the front seat.

Mr. GRIFFIN. And what did you do with the dog when you got in?

Mr. SMART. We had the squad come by and get it and take it to the
animal shelter.

Mr. GRIFFIN. Was there anybody else that accompanied you out to that
automobile?

Mr. SMART. Lieutenant Swain.

Mr. GRIFFIN. And that is all?

Mr. SMART. Well, we called the uniformed squad there a little bit later
and had the car put in the pound. It seems to me like there was one
more detective. I don’t remember. I believe it was Detective Watson. I
am not sure.

Mr. GRIFFIN. What was the first thing you searched?

Mr. SMART. The glove compartment.

Mr. GRIFFIN. And I understand that you found his wallet in the glove
compartment?

Mr. SMART. Right.

Mr. GRIFFIN. And a key to fit the trunk?

Mr. SMART. Right.

Mr. GRIFFIN. Now, did you ever find out whether Ruby had a wallet on
his person?

Mr. SMART. No, sir; I never did.

Mr. GRIFFIN. Did you ever make any inquiry?

Mr. SMART. No, sir.

Mr. GRIFFIN. Now, did you talk with Ruby about any of the equipment
which you found in the automobile?

Mr. SMART. No, sir.

Mr. GRIFFIN. About the property which you found in the automobile?

Mr. SMART. No, sir.

Mr. GRIFFIN. Did Lieutenant Swain?

Mr. SMART. No, sir; not in my presence.

Mr. GRIFFIN. Or that you know of?

Mr. SMART. Not that I know of.

Mr. GRIFFIN. In the normal procedure, who would be the person who would
question him about that property?

Mr. SMART. Well, I would think it would be Captain Fritz.

Mr. GRIFFIN. I see. Did you examine this billfold?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. Can you tell us what you recall being in that billfold?

Mr. SMART. His driver’s license and several cards of identification
like you would normally carry in a billfold, but I don’t remember each
one, what they were or anything. Different cards with his name on it.

Mr. GRIFFIN. Social security card?

Mr. SMART. I believe his social security card was there. I am not sure.
There was just stuff--cards and papers.

Mr. GRIFFIN. I see. Do you think you would be able to identify that
wallet and contents?

Mr. SMART. I think so.

Mr. GRIFFIN. Do you remember anything else in there besides
identification cards in the wallet?

Mr. SMART. No, sir.

Mr. GRIFFIN. Was there any money in the wallet?

Mr. SMART. No, sir.

Mr. GRIFFIN. Now, what else did you find in the glove compartment?

Mr. SMART. A key.

Mr. GRIFFIN. A single key?

Mr. SMART. A single key.

Mr. GRIFFIN. Was this--where was this?

Mr. SMART. Just laying in the floor of the glove compartment.

Mr. GRIFFIN. Was it under some papers or anything like that?

Mr. SMART. No, sir; wasn’t much stuff in the glove compartment.

Mr. GRIFFIN. Was there anything else in the glove compartment besides
the key and the wallet?

Mr. SMART. I remember looking, but I remember there was nothing of
importance that would have any bearing on anything. There was something
there, not much, though.

Mr. GRIFFIN. Was the key on top and exposed?

Mr. SMART. No. The billfold was on top and the key was laying over on
the side.

Mr. GRIFFIN. I see.

Mr. SMART. Just a lone key, a General Motors key.

Mr. GRIFFIN. I see. Did it appear there had been any effort to conceal
it?

Mr. SMART. No, sir.

Mr. GRIFFIN. Now, after you searched the glove compartment, what did
you do? What did you search after the glove compartment?

Mr. SMART. Well, I sat down in the front seat to try this key, and
I put my hand down on these papers, and that is when I felt the
dog. The dog raised up. It didn’t fit the ignition keys, I mean the
ignition switch, so I knew it was a General Motors key, and I owned an
Oldsmobile, and it looked like it might be a trunk key, and I tried it,
and it worked.

Mr. GRIFFIN. Now, up to this point, you hadn’t searched the interior of
the car, nothing but the glove compartment?

Mr. SMART. No, sir; nothing but just look over.

Mr. GRIFFIN. Now, when you took this key, you were able to open the
trunk, weren’t you?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. What did you see when you opened that trunk?

Mr. SMART. Well, some paper bags and some bank sacks, maybe one bank
sack, and just full of junk, almost full of junk, except there was a
set of keys laying right down in the open.

Mr. GRIFFIN. Now, was this a set of keys?

Mr. SMART. Well, it was a bunch of keys.

Mr. GRIFFIN. Were they on a ring?

Mr. SMART. A ring or something to hold them together; I don’t remember.

Mr. GRIFFIN. How many keys would you say were on this?

Mr. SMART. Oh, roughly four or five.

Mr. GRIFFIN. Now, were there any keys that looked like they might be
keys to a house or door?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. And how many keys on there appeared that they would be
automobile keys?

Mr. SMART. I don’t remember now. I can tell that the other key, you
know, they were shaped a little different, one of them was the ignition
key, and I tried it, and it worked.

Mr. GRIFFIN. Now, if you were to see these keys, do you think that you
would recognize them?

Mr. SMART. Yes, sir; I think so.

Mr. GRIFFIN. Where did you see the keys in the car, in the trunk of the
car?

Mr. SMART. Laying right in the floorboard of the trunk.

Mr. GRIFFIN. Near the front?

Mr. SMART. Near the front.

Mr. GRIFFIN. Exposed to view?

Mr. SMART. Right.

Mr. GRIFFIN. Where were they in relationship to the paper sacks and the
money bags?

Mr. SMART. To the right. The paper bags were more in the back. He had
two or three boxes of pictures of girls, and things like that, that we
just thumbed through, maybe stacks of them that high, a lot of cards
to his club. That was mostly what the stuff was in the trunk.

Mr. GRIFFIN. Now, if these keys were placed where you found them and
one had been driving that car, would the motion--were they placed in
such a way that the motion of the car or bumps and whatnot would move
these about?

Mr. SMART. I would think they would probably have scooted under papers
or something, would have been my guess, possibly.

Mr. GRIFFIN. Now, is there anything that you saw or that you have
learned that would indicate to you how long those keys might have been
in the back of that trunk prior to the time that you opened it?

Mr. SMART. You want my thought?

Mr. GRIFFIN. Yes; I do.

Mr. SMART. My thought, when I found things like they were, that Jack
Ruby had purposely put his billfold in the glove compartment and
purposely put his keys in the trunk compartment and locked it up and
purposely left his trunk key in the glove compartment so he could get
to it. That was my thought. I wondered why he left his billfold with
all of his identification in it in his glove compartment.

Mr. GRIFFIN. I would like to have your opinion as a trained
investigator, anything else that led you to believe this or why, other
than simply the placement that we have just discussed, that would have
led you to think that he had done what you mentioned?

Mr. SMART. Because, when he left the car on the lot, there was no
attendant there, I guess was the main reason. He parked it in an odd
place and up on an incline deal on the lot.

Mr. GRIFFIN. How was it an odd place?

Mr. SMART. Well, the lot is kind of uneven, and it was pretty close out
to the center of the lot. It was where an old building had been torn
down and left some concrete in one place, you know, like this.

Mr. GRIFFIN. Yes; would you--I am going to interrupt this just one
second here while I get this exhibit marked, and I am going to ask you,
while I mark this exhibit, would you draw on this piece of paper the
intersection there, the intersection of Commerce, Main and Pearl, and
then would you draw the parking lot where Ruby’s car was found?

Mr. SMART. These are two parking lots. They are all together but
separately operated.

Mr. GRIFFIN. Would you put the two streets in there so we would know
which is Main and which is Pearl? Now, which is Commerce?

Mr. SMART. This is south.

Mr. GRIFFIN. All right, now. Let me ask you. Start over again here on
another sheet of paper. I want to get more detail on here.

Mr. SMART. Oh, I see.

Mr. GRIFFIN. It would probably he easiest if you would draw the block,
Commerce, Harwood, Pearl and Main, and indicate the location of the
police department, the Western Union office and the parking lots on the
corner of Main and Pearl, and then show us which parking lot Jack’s car
was in.

Mr. SMART. I am not a very good artist, now.

Mr. GRIFFIN. That is okay. Is that the parking lot?

Mr. SMART. Uh-huh.

Mr. GRIFFIN. All right.

Mr. SMART. Roughly about there.

Mr. GRIFFIN. All right. Now, we will go on the record. Now, you have
drawn a diagram here, which I am going to mark, “Dallas, Texas,
Lieutenant Smart, 3-25-64, Exhibit 5023,” and that appears to be a
diagram of the intersection of Main and Pearl with the Western Union
marked and parking lot designated on the northwest corner of Main and
Pearl and an automobile marked out there. Is that pencil mark of an
automobile your best estimate of where you found Ruby’s car?

Mr. SMART. That is approximately about where the car was parked.

Mr. GRIFFIN. Were there any other cars in the parking lot at that time?

Mr. SMART. At that time, the parking lot had opened officially; there
were a few more cars; I don’t recall where they were--and an attendant
there.

Mr. GRIFFIN. I see. Were there any other cars parked next to Ruby’s car?

Mr. SMART. No.

Mr. GRIFFIN. Other than--did you mention the location of these keys and
the billfold to anybody?

Mr. SMART. Yes, sir.

Mr. GRIFFIN. Who did you mention that to?

Mr. SMART. Homicide detectives.

Mr. GRIFFIN. Do you remember any particular one?

Mr. SMART. There was two of them. I think it was Montgomery and his
partner. I am not sure. There is some new men in there that I don’t
know too well. We brought all of that stuff in there, showed Captain
Fritz what we had. He said, “Turn it over to them.”

Mr. GRIFFIN. Did you write any report in connection with this search to
the police department?

Mr. SMART. No, sir.

Mr. GRIFFIN. So there is no written report in the police department of
what you just told me?

Mr. SMART. No, sir.

Mr. GRIFFIN. Would it be customary for anybody in the police department
to have written a report of what you told them?

Mr. SMART. It could be. I gave all of my information to the homicide
boys, because they were handling the case, turned the money over to
them, the keys, and turned everything over to them.

Mr. GRIFFIN. Would you do this favor to me? Inquire of Captain Fritz,
inquire and find out, if there is a report of what you told them, and,
if so, give us a copy of it so we could have it for our file?

Mr. SMART. Sure.

Mr. GRIFFIN. Now, did you also find in the automobile some radio
scripts or something that had to do--well, do you recall finding
anything that appeared to be radio scripts or political propaganda
materials?

Mr. SMART. No, sir; I tell you, Mr. Griffin. I was instructed to go
over there and get the money--it seemed like that is what he was
worried about, his money--and bring it over and put it in the property
room or have it put into the property room, and when I ran into the
billfold and the keys, I thought they should be over there, too, and
I told the homicide officers they should go back and make a thorough
check of the trunk and also that there might be some pertinent
information that they wanted, and I understood that they did. What they
found, now, I don’t know. I think that the FBI went, too, but I never
did go back and search anything else.

Mr. GRIFFIN. So you removed the billfold and the keys and the money?

Mr. SMART. Yes, sir; and a sack of miscellaneous stuff and the papers
that were in the front seat pertaining to the assassination. I thought
that might have some bearing. He had about four or five current----

Mr. GRIFFIN. Newspapers?

Mr. SMART. With the spreads on the front, newspapers.

Mr. GRIFFIN. Did they appear to be complete copies of a newspaper or
were articles cut out?

Mr. SMART. Complete copies----

Mr. GRIFFIN. Do you remember----

Mr. SMART. Which they were placed in the property room.

Mr. GRIFFIN. I see; now, did you file an inventory on that?

Mr. SMART. No, sir.

Mr. GRIFFIN. Who did you turn that property over to?

Mr. SMART. To these two homicide officers. All I did was count the
money and initial it, so I would know myself, Swain and I did, so that
we would be protected on the amount of money. I understand that they
listed all of the stuff and inventoried it and so on and so forth.

Mr. GRIFFIN. Did you testify at the Ruby trial?

Mr. SMART. No, sir.

Mr. GRIFFIN. Do you have any personal knowledge that Captain Fritz
actually became aware of how you had found this billfold and the
location of the keys?

Mr. SMART. Do I know what?

Mr. GRIFFIN. Do you know whether Captain Fritz ever actually became
aware of where you had actually found the keys and the billfold?

Mr. SMART. We carried the stuff to his office and Swain told him that
we had the money and his billfold and some things taken out of the car.

Mr. GRIFFIN. Uh-huh.

Mr. SMART. I heard him tell Captain Fritz that; yes.

Mr. GRIFFIN. So it is possible----

Mr. SMART. So he told these two fellows to take over.

Mr. GRIFFIN. So, if there were no actual written report of this ever
made----

Mr. SMART. If there is, I imagine Montgomery--I believe it is
Montgomery--I could be mistaken--but it is those two guys. I could find
out their names.

Mr. GRIFFIN. Okay, okay; all right; did you talk with Ruby at any time?

Mr. SMART. No, sir.

Mr. GRIFFIN. Now, when you got back to the homicide office, saw Fritz,
had Fritz talked with Ruby by then?

Mr. SMART. I couldn’t tell you.

Mr. GRIFFIN. When you got back to the homicide office, had you been
told by anybody how Ruby got into the basement?

Mr. SMART. No, sir.

Mr. GRIFFIN. Or did you hear any rumor about it?

Mr. SMART. Oh, I heard rumors; yes.

Mr. GRIFFIN. Did you--when was the first time that you heard that Ruby
had told somebody how he got into the basement?

Mr. SMART. I am not sure where I heard it, but I heard it--some of the
boys talking, said that they heard that he said that he walked by some
officers down the ramp.

Mr. GRIFFIN. Do you remember which----

Mr. SMART. They were talking to Sam Pierce.

Mr. GRIFFIN. Yes; and do you remember which of the men you heard----

Mr. SMART. No, sir.

Mr. GRIFFIN. Making this statement? How would they--would you have
heard this on the 24th, on the day that Ruby shot Oswald, or was it
sometime later?

Mr. SMART. I don’t remember, Mr. Griffin, now.

Mr. GRIFFIN. You remember that there were a number of rumors that began
circulating right at the beginning, one that he came down the ramp, one
that he pushed a TV camera in, another one was that he used a press
pass, another one is that he got out of a police car?

Mr. SMART. Yes.

Mr. GRIFFIN. Now, had you heard, are you able to remember whether you
have heard, any or all of these rumors on Sunday when you were there?

Mr. SMART. No, sir; I can’t. I just heard them somewhere around there,
heard somebody--they weren’t talking even to me, I don’t think. Just
discussing it or something.

Mr. GRIFFIN. Let me take this off of the record.

(Discussion off of the record.)

Mr. GRIFFIN. Let’s go on the record here. I am also going to mark
for identification as Exhibit 5024 a letter that you wrote to Chief
Curry on November 27 with respect to what you heard down there in the
basement.

Mr. SMART. Uh-huh.

Mr. GRIFFIN. I am going to mark it, “Dallas, Tex., Lieutenant Smart,
3-25-64, Exhibit 5024.” Now, I want you to look at Exhibit 5021 and
Exhibit 5024, and will you tell me if you have read those over?

Mr. SMART. Yes, sir; I have read those.

Mr. GRIFFIN. And you have already stated, I believe, as to each one of
those that there is nothing that you would add or subtract from that or
correct?

Mr. SMART. No, sir. If I knew something that would help you, I would
tell you.

Mr. GRIFFIN. Would you sign each of those in some place where it is
conspicuous and date it?

Mr. SMART. Just the front sheet?

Mr. GRIFFIN. That is right, just the place where I have got it marked.
Now, would you also look at Exhibit 5022? That is the diagram of the
basement. You put some markings on that. Would you sign that? Would you
also take this Exhibit 5023, which you prepared? It is a diagram of the
intersection of Main and Pearl Expressway. Okay. I am much obliged,
lieutenant.

Mr. SMART. Okay, Mr. Griffin. I wish I could help you.



TESTIMONY OF JOHN ALLISON SMITH

The testimony of John Allison Smith was taken at 2 p.m., on April 15,
1964, at the Post Office Building, Fort Worth, Tex., by Mr. Leon D.
Hubert, Jr., assistant counsel of the President’s Commission.


Mr. HUBERT. My name is Leon Hubert. I am a member of the advisory staff
of the General Counsel of the President’s Commission.

Under the provisions of President Johnson’s Executive Order 11130,
dated November 29, 1963, the Joint Resolution of Congress No. 137, and
the rules of procedure adopted by the Commission, in conformance with
that Executive order and that joint resolution, I have been authorized
to take a sworn deposition from you, Mr. Smith.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relative to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald.

In particular, as to you, Mr. Smith, the nature of the inquiry today
is to determine what facts you know about the death of Oswald, and
any other pertinent facts you may know about the general inquiry,
and particularly as to whether or not an individual by the name of
Jack Ruby was seen by you on Commerce Street near the Dallas Police
Department Building on November 24, 1963.

Now, Mr. Smith, I think that you are appearing here today as a result
of a letter addressed to you from Mr. J. Lee Rankin, the General
Counsel for the Commission, is that correct?

Mr. SMITH. Yes, sir.

Mr. HUBERT. Is it true that that letter was received by you more than 3
days ago from today?

Mr. SMITH. It was received last Friday.

Mr. HUBERT. And today, of course, is Wednesday?

Mr. SMITH. Yes.

Mr. HUBERT. All right, do you mind taking the oath? Do you solemnly
swear that the testimony you are about to give will be the truth, the
whole truth, and nothing but the truth, so help you God?

Mr. SMITH. I do.

Mr. HUBERT. State your name.

Mr. SMITH. John Allison Smith.

Mr. HUBERT. How old are you, Mr. Smith?

Mr. SMITH. This being 1964, I am 42 at present.

Mr. HUBERT. Where do you reside?

Mr. SMITH. 22 Shadowbrook Lane in Hurst, Tex.

Mr. HUBERT. H-u-r-s-t?

Mr. SMITH. Yes, sir.

Mr. HUBERT. What is your occupation?

Mr. SMITH. I am classified as a TV technician.

Mr. HUBERT. Did you have the same occupation on November 22, 23, and
24, 1963?

Mr. SMITH. Yes, I did.

Mr. HUBERT. How long have you been employed by WBAP-TV?

Mr. SMITH. Since November the 22d, 1945.

Mr. HUBERT. Now were you on duty in your occupation in Dallas on
November 23 and November 24, 1963.

Mr. SMITH. Yes.

Mr. HUBERT. Were you with the remote truck owned and operated by WBAP?

Mr. SMITH. I was.

Mr. HUBERT. Who else was with you in the operations during those days?

Mr. SMITH. Well, there was quite a large crew. The way we are situated,
there is a basic crew that stays in the truck. That is “in person,”
that has to do with the picture, and one has to do with the sound, and
that other person that is connected with the sound is Mr. Walker.

Mr. HUBERT. Ira Walker?

Mr. SMITH. Yes. In this particular case, ordinarily there is no
cameraman near the structure because they are usually in the premises,
but in this case we had a camera on top of the truck.

Mr. HUBERT. Who was manning that camera on November 24?

Mr. SMITH. That was Mr. Richey.

Mr. HUBERT. That is Warren Richey?

Mr. SMITH. Yes, sir.

Mr. HUBERT. Now those two gentlemen came down here with you today and
are outside in the anteroom, is that correct?

Mr. SMITH. Yes, sir.

Mr. HUBERT. What was your duty during those days?

Mr. SMITH. Well, call it “riding gain on the video.” What it amounts to
is, to adjust the picture information, using an oscilloscope and that
sort of thing.

Mr. HUBERT. Does that require that you be inside of the truck?

Mr. SMITH. Generally. You make short trips outside the truck. The
one case that has to do with this particular thing, the man that is
responsible for the video has to deal with the telephone company as
to the class of picture that you are sending out and so on. It was
during one of these particular trips away from the truck to contact the
telephone company that I first saw this person that I believe to be the
same man as Jack Ruby.

Mr. HUBERT. Tell us what time that was?

Mr. SMITH. Now here the times are going to have to be fairly accurate.
As far as minutes and seconds, we don’t watch things that closely,
but the first time I saw this person has to be somewhere in the
neighborhood of 8:15 a.m.

Mr. HUBERT. Now there must be some reason why you fix that time?

Mr. SMITH. We went to work at 7, and it takes approximately an hour to
turn everything on and get it all warmed up to proper operation. Then
we go through this thing of what we call “lineup procedure,” on all the
cameras, which we had done. So for that reason, I placed this time at
approximately an hour after 7 a.m.

Mr. HUBERT. But when all that procedure is done, did you leave the
truck?

Mr. SMITH. Not yet.

Mr. HUBERT. All right, go ahead.

Mr. SMITH. We had adjusted all these pictures, and in this particular
instance, there were only two. We called the telephone company and they
looked at our signal, and if they have any complaints or questions
about the quality of the picture, they would tell you what it was.
There was a complaint about the picture that I didn’t agree with, so
we generally get together and one of us looks at the other picture and
talk it over and see what the thing amounts to. So I had gone around to
the telephone company. It is a mobile home little trailer set up where
they put the microwave equipment. Now this was on the west side of the
city hall building there.

Mr. HUBERT. What street was it on?

Mr. SMITH. Well, what street?

Mr. HUBERT. Your truck was on Commerce Street, wasn’t it?

Mr. SMITH. Yes. We were facing east.

Mr. HUBERT. That is a one-way street going east, and you were facing
east? You were on the left-hand side of that street?

Mr. SMITH. Yes. And this trailer was around on the west side of this
building in the middle of the block.

Mr. HUBERT. In other words, it was on the street which the back of your
trucked faced?

Mr. SMITH. Right.

Mr. HUBERT. To go from your truck to that little vehicle you are
talking about, you would have to turn left off of your truck, walk down
to the corner and then turn right toward Main Street?

Mr. SMITH. That is true.

Mr. HUBERT. Now let me suggest to you that that street is called
Harwood Street, and if you will keep that in mind, we can refer to it
as Harwood Street. I think it will make it simpler from now on. How far
on Harwood Street from the corner of Commerce was that little vehicle
of the telephone company parked?

Mr. SMITH. I would estimate it would be almost exactly halfway up the
block.

Mr. HUBERT. Do you remember seeing an entrance to the building around
there?

Mr. SMITH. It is right in front of the main entrance, the west side.

Mr. HUBERT. The telephone company truck was right in front of the main
entrance?

Mr. SMITH. Yes.

Mr. HUBERT. Was it on the same side of the street as the main entrance
or the opposite side?

Mr. SMITH. Same side.

Mr. HUBERT. So you walked up to that truck?

Mr. SMITH. Yes.

Mr. HUBERT. And you figure that because of all you have told us, that
considering the hour that it would have taken to warm up, considering
that you came and started off at approximately 7 and then you got the
complaints and you walked over, it must have been in the neighborhood
of 8:15?

Mr. SMITH. Yes.

Mr. HUBERT. Did you see this man that we are talking about, or will in
a moment, on the way to the telephone vehicle, or on the way back?

Mr. SMITH. It was on the way back.

Mr. HUBERT. How long did you stay at the telephone truck then?

Mr. SMITH. It was several minutes. We had to hook up a scope and he
made some adjustments there. I think I would say I was at the truck at
least 10 minutes.

Mr. HUBERT. Then you walked back?

Mr. SMITH. These are guesses.

Mr. HUBERT. You walked back to your truck?

Mr. SMITH. Yes, sir.

Mr. HUBERT. When did you first see this individual?

Mr. SMITH. When I got around the corner and almost back to our truck,
this person was standing there on the sidewalk almost parallel with our
truck. That is in the vicinity of the door of the city hall.

Mr. HUBERT. The door of the city hall, or of the police department
building?

Mr. SMITH. Building. I refer to it as the city hall. What is the name
of that officially?

Mr. HUBERT. There are two. Actually one is the city hall or the
police department opening which is on the Harwood Street side of the
automobile exit. The building on the other side of the Commerce Street
exit from where your truck was is the municipal building.

Mr. SMITH. It wasn’t the municipal building. We didn’t go there until
later.

Mr. HUBERT. So he was standing about at the staircase entrance to the
Dallas Police Department Building on the sidewalk between the building
and your truck, right?

Mr. SMITH. Yes.

Mr. HUBERT. How close did you get to him?

Mr. SMITH. Probably 30 feet.

Mr. HUBERT. All right, where was he standing, or what was he doing,
rather?

Mr. SMITH. He was standing there looking up at the windows where we had
some cables running through. You see, we had camera gear up on this
floor where all the interrogation was taking place and all, and this
person was just standing there looking at the cables and inquisitive,
maybe.

Mr. HUBERT. Was there a crowd of people around there?

Mr. SMITH. No, sir; not at this time of day.

Mr. HUBERT. How was he dressed, do you know?

Mr. SMITH. Now here this probably conflicts with anything you heard,
but I am talking about a particular person, and one that I saw had on a
light grey topcoat and a light grey hat, shabby appearance, not neat,
you know.

Mr. HUBERT. Did you notice whether he had a tie on?

Mr. SMITH. No, sir. I was looking at him from a quarter.

Mr. HUBERT. Did you get a full view of him?

Mr. SMITH. No, sir; not at this time. It is the type of person that
we see often when we go out on an early morning remote. It is the
person that is walking the street with no place to go. That is what he
impressed me as being. And it kind of fit in that he was just standing
looking up at these cables and doing nothing more than that.

Mr. HUBERT. Did you observe him do anything else?

Mr. SMITH. Not at that time.

Mr. HUBERT. Did you hear him say anything?

Mr. SMITH. No.

Mr. HUBERT. Did you see that same person later?

Mr. SMITH. Yes. Now here this is probably a more inaccurate guess than
the other as to time, but it was later in the morning. At least an hour
or maybe an hour and a half later than that. We were at a break and I
was sitting in the back of the truck, and to the best of my knowledge,
Walker was in there, but it was during the time when you are not
rehearsing and you are not on a standby condition. You are relaxed and
you are not familiar with this old truck, but I will try to picture
to you that it is an enclosed thing. It is kept rather dark for the
picture’s sake, and it gets warm in there. And sometime I will open
these curtains or turn on the fan and get a little ventilation. This
happens even in the wintertime. And I lowered the curtain on my side
and there stood this same man there.

Mr. HUBERT. There can be no doubt in your mind that that was the same
man you had seen earlier?

Mr. SMITH. That’s right. Now this is the same particular person that
I am talking about. They are one and the same. Same coat and same hat
and same everything. And when I opened the curtain, this man is no
less than 2 feet from the truck here, and he is standing there very
nonchalantly, you know, and he says, “Have they brought Oswald down
yet?”

Mr. HUBERT. Was there a glass window between you and this man?

Mr. SMITH. It wasn’t pulled to. It was open.

Mr. HUBERT. It was open?

Mr. SMITH. It is a sliding, double-sliding window.

Mr. HUBERT. Then you had a full-face view of him?

Mr. SMITH. Yes, sir.

Mr. HUBERT. And that you were not in excess of 3 feet from him?

Mr. SMITH. Right.

Mr. HUBERT. Your face and his face were not separated by more than 3
feet at that point?

Mr. SMITH. That is true.

Mr. HUBERT. You heard him say, “Have they brought down Oswald yet?”

Mr. SMITH. “Have they brought Oswald down?” Yes, sir.

Mr. HUBERT. Did anyone answer him?

Mr. SMITH. I did. I don’t know how to explain it. You see, my first
reaction was one of a joke, you know. Here we were all sitting around
here for days waiting for this news story to develop, and a man asks
you have they brought Oswald down yet, and to me I am thinking if they
had brought him down and taken him to the county building, why would we
be here? And I started my answer like, “What do you think?” And then
he repeated his question again, “Have they brought him down?” And he
didn’t call his name the second time, like it was understood.

Mr. HUBERT. In other words, he really asked twice? The first time he
used Oswald’s name and the second time he referred to him by the use
of the pronoun “him,” and the second time you told him, “No”?

Mr. SMITH. I said, “No, sir; they haven’t brought him down, or we
wouldn’t still be sitting here.” And he just turned and walked away.

Mr. HUBERT. Did you see him there after that day?

Mr. SMITH. Now I think I did, and I am not sure. But this is the same
man. The third time was in a crowd, and I could tell you pretty well
what time this was, because KRLD put a camera in front of our truck at
approximately 10 a.m. That is another guess. But they had time to turn
that camera on and get it warm before all the news broke, so it had to
be somewhere in the neighborhood of 10 or maybe before. But after that
camera was set up, KRLD had a couple of engineers out there lining up
the camera.

Mr. HUBERT. That was on Commerce Street with the camera facing down
into the Commerce Street ramp of the building, I take it?

Mr. SMITH. They had this thing facing--you see, our truck wasn’t up to
the ramp. There was room for a car almost between our truck and the
ramp. Now they had this camera in that space right directly in front of
our truck there, and they had a man standing on the sidewalk lining up
their camera.

And this TV camera, it always draws a crowd, and at this time there was
quite a few people just standing around. But this man that I am talking
about, I am almost certain, was standing on the other side of the ramp.

Mr. HUBERT. Of the Commerce Street ramp?

Mr. SMITH. Yes; on the sidewalk, in a group of people, just standing
there watching the proceedings.

Mr. HUBERT. Do you recall the time at which the police moved all of the
people from the police department side of Commerce Street over to the
other side?

Mr. SMITH. No; I don’t. Someone asked me that before. I don’t remember
that taking place. You see, I was never told anything about the move. I
was inside the truck, so I didn’t have any connection with that.

Mr. HUBERT. Now when you saw this man, or think you did, possibly did,
the third time, had you come out of your truck?

Mr. SMITH. Yes; I had been down in the basement. We were running some
microphone cords, you see. I know this adds up to an awful long story
how we move around so much, and it doesn’t make sense to you, I am
sure, but sometime during the morning Chief of Police Curry had told
us that we would not be allowed to go through the double doors that
separate the underground parking area from the underground office area.
It is a double door there adjacent to the elevator opening, and he had
told us that we would not be allowed beyond that door for any reason,
but that he would give us a good place to put a camera and a microphone
if we wouldn’t interfere with his passageway from there on out to the
parking lot.

So we had gotten permission to set this camera up right next to that
door, and we were the first camera in line there, and we were going
to run two microphones in there. That was the plan at that time, in
case they should allow an interview. We had hoped that they might,
which later didn’t work, but in the running of this microphone, this
microphone went through the downstairs door into the office area.
They didn’t go down the ramp or anywhere near the parking area, but
in running the microphones and in helping the Walker crew check out
the mikes and all coming back to the truck is when I had seen this man
standing over there to the left.

Mr. HUBERT. It was to your left as you came out of the Commerce Street
ramp?

Mr. SMITH. Yes, sir.

Mr. HUBERT. How close did you get to him then?

Mr. SMITH. It was even further than before. It was all the way; well,
the length of our truck is 20 some odd feet, and it was a couple of car
lengths more; so I was 40 or 50 feet.

Mr. HUBERT. You mean he was a couple of car lengths beyond the
entrance, the Commerce Street exit, rather?

Mr. SMITH. Yes, sir.

Mr. HUBERT. Perhaps I misunderstood you. Did you see him immediately as
you came out of the Commerce Street ramp exit, or when you got back to
the truck?

Mr. SMITH. Now I didn’t come up the ramp. I came up the steps.

Mr. HUBERT. Oh, I see. When you came up the steps, you went to the back
of the truck?

Mr. SMITH. Right.

Mr. HUBERT. So the distance between you and him was the length of the
truck plus the distance between the front of your truck to the ramp,
plus the width of the ramp and some distance beyond that?

Mr. SMITH. That’s right.

Mr. HUBERT. Making a total of, you think, roughly 40 feet or so?

Mr. SMITH. Yes.

Mr. HUBERT. And there he was not alone, but with other people, you
thought?

Mr. SMITH. Standing in a crowd.

Mr. HUBERT. Did you see that individual any more?

Mr. SMITH. No, sir. Now you see it is hard for me to say that I could
identify that man if he were to walk in this room right now, because,
as far as I am concerned, I have only seen that face live one time.
That is when he came to the window. And seeing somebody in films and
all, that is kind of hard to associate.

Mr. HUBERT. Well, now, did you know Jack Ruby at all?

Mr. SMITH. No.

Mr. HUBERT. Now you have come, of course, to know the face and the man
called Jack Ruby?

Mr. SMITH. Yes.

Mr. HUBERT. Have you see the face of Jack Ruby in person, live, face to
face as it were?

Mr. SMITH. Not since; no.

Mr. HUBERT. Have you associated the face that you have come to know as
Jack Ruby from photographs and pictures and so forth, with the man that
we have been talking about for the last few minutes?

Mr. SMITH. Yes.

Mr. HUBERT. Tell us how that came about, and when?

Mr. SMITH. The closest that I ever made the association was when
we were shown a mug shot, and when I saw that mug shot, it was a
straight-on photograph, and it struck me as being the same face as the
one in the window.

Mr. HUBERT. Did you have any spontaneous reaction in that regard?

Mr. SMITH. Well, I was convinced to myself that that was the same man.

Mr. HUBERT. Did you make any observations to anyone to that effect?

Mr. SMITH. No, but Walker did to me.

Mr. HUBERT. At that moment?

Mr. SMITH. A couple of seconds later; yes.

Mr. HUBERT. Was he looking at the mug shot, too?

Mr. SMITH. We were looking at the mug shot on a monitor in the truck.
You see, they took the mug shot out of the file upstairs in the City of
Dallas Police Department, brought the mug shots out into the corridor
and told the TV people they could take stills of it for their own use,
and then they would take the mug shot right back to the file, that no
one could have it to copy or anything like that.

Mr. HUBERT. So, in other words, you simply had the people on the third
floor put your camera unit on the mug shot?

Mr. SMITH. Right.

Mr. HUBERT. And then it came through to your monitor?

Mr. SMITH. That’s correct.

Mr. HUBERT. Did you at that moment associate the face that you saw on
the mug shots in the monitor with the man that you had seen earlier and
which you have described to us?

Mr. SMITH. I did.

Mr. HUBERT. Was there any suggestion to you by Walker, or did you reach
that opinion before he said anything?

Mr. SMITH. I had noticed a distinct similarity. Now there is a
difference in that, when I saw him, he had on a hat, and that was the
only reason that I would not say positively that that is the same
man. But there is the only reservation that I have. But I had noticed
on my own that there was a tremendous similarity right through here
[indicating].

Mr. HUBERT. When the witness said “through here,” he was placing one
hand at the level of his forehead and the other hand under his chin.

Mr. SMITH. And a few minutes later, after this, Walker commented to me
that the person on that mug shot looked to him like the same one that
had been up to the truck a couple of times.

Mr. HUBERT. Had he told you prior to that that he had noticed this man
come to the truck a couple of times?

Mr. SMITH. Not prior to that.

Mr. HUBERT. So that your observation of this man coming up to the truck
a couple of times was independent of that of Walker, and it had not
been communicated between you?

Mr. SMITH. That’s correct.

Mr. HUBERT. Did you communicate your association between the mug shot
of Jack Ruby and the man you had seen, to Mr. Warren Richey?

Mr. SMITH. Not at this time. Several days later we discussed it, and we
seemed to be of the same opinion at that time.

Mr. HUBERT. You have never seen Ruby in person since?

Mr. SMITH. No, sir. Let me say this. The person that I am talking about
is, I hate to say, dirty, an unkempt person that possibly could have
slept with his clothes on, you see. He would be the opposite of what we
see in these photographs of a well-dressed, natty person with stylish
clothes. I am talking about the opposite type of person from that.

Mr. HUBERT. Now let me ask you this. Aside from your association of
the man on the street and the mug shot of Ruby, have you in your
mind compared your recollection of the man on the street with other
photographs that you have seen of Ruby?

Mr. SMITH. No. I have never seen a photograph of Ruby that gives me
that same picture; you know what I mean.

Mr. HUBERT. Well, the answer is really that you have made the
comparison, but that you cannot feel as sure that the man on the street
was the Jack Ruby that you saw in subsequent pictures?

Mr. SMITH. Yes.

Mr. HUBERT. At least as much as you feel that the man on the street was
the Jack Ruby you saw in the mug shot?

Mr. SMITH. Right. Now I am drawing a comparison between the man in the
window and the mug shot. Those two struck me as being the same. The
pictures that I saw in film are not as familiar to me, you know. That
is hard to explain. I don’t guess it makes sense, does it?

Mr. HUBERT. Would you venture to say that the man on the street whose
face came within 3 feet of yours and the man in the mug shot were,
beyond any reasonable doubt, the same person?

Mr. SMITH. The only reason that I would have any doubt was this thing
of the hat. Now I couldn’t see his hairline and I couldn’t see the
complete face. With that thing in mind, I would not say that positively
is the same man; I can’t say that.

Mr. HUBERT. But you did see the complete face when you were within 3
feet of him?

Mr. SMITH. Yes. He had the hat on.

Mr. HUBERT. And the mug shot did not, I take it?

Mr. SMITH. That is true.

Mr. HUBERT. With that reservation, you would have no doubt it is the
same person?

Mr. SMITH. That is true.

Mr. HUBERT. Mr. Smith, I have in my hand a copy of a report of an
interview of you dated December 4, 1963, made by FBI Agents Haley and
Madland which I have marked for identification as follows: “Fort Worth,
Tex., April 15, 1964, Exhibit 5317, deposition of John A. Smith,” and
I signed my name below it. I would like you to read this, and after, I
will ask you some questions about it.

(Mr. Smith reads report.)

Mr. SMITH. This thing doesn’t refer to him asking the question twice,
which I believe I mentioned before, but essentially that is true.

Mr. HUBERT. At the time that you were interviewed by Mr. Haley and Mr.
Madland, were there other people present?

Mr. SMITH. Let’s see; Mr. Haley, I believe, was the one that came over
by himself. Then another--you see, I have been contacted three or four
times, and I am not the best on names. We were contacted by two people
at one time, and I believe they were from the city police department. I
am not sure. I can’t even remember when I met Mr. Davis. He was on one
of those.

Mr. HUBERT. Do you recall an interview that was had by FBI agents in
the studio at which Richey and Walker were present?

Mr. SMITH. Yes.

Mr. HUBERT. Well, addressing yourself to that interview, was it
conducted individually or as a group?

Mr. SMITH. When I first got there, he was talking to one of the others.

Mr. HUBERT. He, or were there two people?

Mr. SMITH. Just one. There was one person conducting the interview,
and he was talking to--I am not sure--he was, I believe, talking to
Jimmy Turner, and I stayed there for several minutes. And this other
interview was concluded. Then I was interviewed separately, alone. Then
Walker, I believe, came in, and he talked to both of us for several
minutes. Then we went out to the garage where the truck is parked and
he looked at the physical layout of the truck.

Mr. HUBERT. Well, did you ever have an individual interview with Haley
and Madland, the FBI men?

Mr. SMITH. Yes; I had an interview with one FBI man, individually.

Mr. HUBERT. On the same day as the general?

Mr. SMITH. No. This was prior to this day I am talking about, and I
believe that first man was Mr. Haley. I believe he was the first one
there, and I am not sure about the name. But the first FBI man that
contacted me--us, talked to us individually. At least he talked to me
individually.

Mr. HUBERT. Have you ever been interviewed by any member of the
President’s Commission staff prior to this time?

Mr. SMITH. No, sir.

Mr. HUBERT. Have you anything else you want to add?

Mr. SMITH. No, sir; except to say that I hope that we make sense. When
all this happened, we weren’t paying any attention to time, faces, or
anything else. And I do hope that what we do kind of makes sense to
you. I am afraid it doesn’t.

Mr. HUBERT. It does to me. Thank you very much, indeed.

Mr. SMITH. This whole thing has been kind of a horrible experience,
hasn’t it?

Mr. HUBERT. Glad you came over.

Mr. SMITH. If we can help in any way, just call us.



TESTIMONY OF JESSE M. STRONG

The testimony of Jesse M. Strong was taken at 12:35 p.m., on March 31,
1964, in the office of the U.S. attorney, 301 Post Office Building,
Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr.,
assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of J. M. Strong [spelling]
S-t-r-o-n-g.

Mr. Strong, my name is Leon Hubert. I’m a member of the advisory
staff of the General Counsel of the President’s Commission. Under the
provisions of Executive Order 11130, dated November 29, 1963, the Joint
Resolution of Congress No. 137, and rules of procedure adopted by
the Commission in conformance with that Executive order, I have been
authorized to take a sworn deposition from you. I state to you that the
general nature of the Commission’s inquiry is to ascertain, evaluate,
and report upon the facts relating to the assassination of President
Kennedy and the subsequent violent death of Lee Harvey Oswald.

In particular to you, Mr. Strong, the nature of our inquiry is to
determine the facts you know about the death of Oswald and any other
pertinent facts you may know about the general inquiry, particularly
in the field of the Western Union telegram that is involved in this
matter. Now, Mr. Strong, I understand that you have appeared here today
by virtue of a request made by a letter addressed to you by J. Lee
Rankin, General Counsel of the President’s Commission.

Mr. STRONG. Yes, sir.

Mr. HUBERT. I think that letter was received by you more than 3 days
ago, is that correct?

Mr. STRONG. Yes.

Mr. HUBERT. Now, would you stand so that you may take the oath.

Do you solemnly swear to tell the truth, the whole truth, and nothing
but the truth, so help you God?

Mr. STRONG. I do.

Mr. HUBERT. Would you state your name?

Mr. STRONG. Yes. Jesse M. Strong.

Mr. HUBERT. Your age?

Mr. STRONG. 62.

Mr. HUBERT. Your residence?

Mr. STRONG. 612 Edgewood Terrace, Fort Worth, Tex.

Mr. HUBERT. What is your occupation, sir?

Mr. STRONG. Relief night manager at Western Union.

Mr. HUBERT. How long have you been connected with Western Union Co.
altogether?

Mr. STRONG. Since January 1923.

Mr. HUBERT. Near 40 years?

Mr. STRONG. Yes.

Mr. HUBERT. Over 40.

Mr. STRONG. Yes, sir; 41, to be exact.

Mr. HUBERT. Were you on duty with the Western Union Co. in Fort Worth
on November 24, 1963?

Mr. STRONG. Yes; I was.

Mr. HUBERT. What office were you then located at?

Mr. STRONG. The Fort Worth office located at Main and Third, Fort Worth.

Mr. HUBERT. Now, I invite your attention to a document which, for
purposes of identification, I am marking “Dallas, Tex., March 31, 1964.
Exhibit 5121, Deposition of J. E. Strong----”

Mr. STRONG. J. M.

Mr. HUBERT. J. M. Strong [spelling] S-t-r-o-n-g.

Mr. STRONG. Yes.

Mr. HUBERT. I am placing my name on that document also, and so that the
record may show that both of us are talking about the same document,
I will ask you to put your name below it. I am also marking another
document, “Dallas, Tex., March 31, 1964. Exhibit 5120, Deposition of
J. M. Strong” placing my name on that document and I ask you to place
your name on it so that the record may show that we are both speaking
of the same document. Now, I hand you the document that has been
identified for the record as Exhibit 5121, and ask you to state what
that document is?

Mr. STRONG. It is a copy of the money order as received in Fort Worth
at 12:56 p.m.

Mr. HUBERT. On what date?

Mr. STRONG. On November 24, 1963--1964.

Mr. HUBERT. 1964?

Mr. STRONG. I’m sorry. Yes, certainly, payable to Karen Bennett sent by
Jack Ruby.

Mr. HUBERT. Did you have anything to do with that transaction?

Mr. STRONG. I actually paid the $25 to Karen Bennett when she came into
the office, approximately at 3:20 p.m., on the afternoon of November 24.

Mr. HUBERT. In what way do you identify this document? Is there
anything on it?

Mr. STRONG. Yes, I asked her for identification and she presented her
California driver’s license No. 768114, and description, black hair,
blue eyes, height 5 feet 2. Weight 105.

Mr. HUBERT. I notice that those figures that you have just read off
appear on the face of that document, is that correct?

Mr. STRONG. Yes, sir.

Mr. HUBERT. In whose handwriting are those figures written?

Mr. STRONG. Mine. I wrote it.

Mr. HUBERT. What is the significance of a time stamp, apparently,
reading as follows: “1963, November 24th, p.m. 12:54.”

Mr. STRONG. After Karen Bennett had signed the receipt for the money
and I handed her the $25, I put this under the time stamp and stamped
the time the transaction was completed.

Mr. HUBERT. Now, I think there you have reference to the other stamped
time as--reading as follows:

“1963, November 24th, p.m. 3:25”?

Mr. STRONG. Yes, sir.

Mr. HUBERT. But, I----

Mr. STRONG. I’m sorry.

Mr. HUBERT. I asked you about the 12:54.

Mr. STRONG. I’m sorry, that is the time it was received in our traffic
department located on the third floor of the building at Third and Main.

Mr. HUBERT. How is that time stamped?

Mr. STRONG. By a time stamp the same as we have in all the offices.

Mr. HUBERT. Is that one of those timeclocks that the Western Union----

Mr. STRONG. Yes, sir; it is.

Mr. HUBERT. To your knowledge, is that synchronized to national time?

Mr. STRONG. I am not too certain of that, because they can be set
rather easily with a key, and they have--it is, I believe, an
independent unit. Now, it might be synchronized as a group, but I don’t
believe with a master clock.

Mr. HUBERT. Well, are you sure of that?

Mr. STRONG. No, sir; I am not--I am not too positive of it, yet, it
could be--very well be tied into the master circuit and synchronized
the same as the clocks are.

Mr. HUBERT. Do you know of any clocks that are used in the Fort Worth
office that are not synchronized into the national circuit?

Mr. STRONG. You are speaking of time stamps? No, no; they are all on
the same circuit.

Mr. HUBERT. Would it be your opinion that all the time stamps on this
Exhibit 5121 were stamped by machines that are synchronized to the
national circuit?

Mr. STRONG. Yes, sir; I believe that is true.

Mr. HUBERT. Now, I think you have already testified that the other time
stamp on here, to wit: “3:25 p.m., November 24th,” indicates the time
that the money was actually delivered, is that correct?

Mr. STRONG. Yes, as soon as I had paid her the money I turned that
immediately and stamped that on the clock.

Mr. HUBERT. So that the time of delivery of the money and time of
stamping are almost identical?

Mr. STRONG. Yes, but a few seconds intervening.

Mr. HUBERT. Do you have an independent recollection of this
transaction, Mr. Strong?

Mr. STRONG. Nothing that was outstanding, sir, because as a party
comes in inquiring for money and they have the money order, there is
a routine form, almost has become routine, that we use to satisfy
ourselves that the right party is receiving the money.

Mr. HUBERT. Do you know whether the person made inquiry about this
money at any time prior to the time that the money was actually----

Mr. STRONG. That is apparently true although I did not talk with her
myself, but in the lower right-hand corner you will find the letters,
“WC”, which indicates will-call. That was placed there by one of our
telephone operators who had answered her inquiry and gone to the file
and searched this out and told her that it was there and that she had
informed her that she would call at the office for the money.

Mr. HUBERT. Did you get this information from that telephone operator?

Mr. STRONG. No; but it was on--it was given directly to me and I just
recorded it on the form.

Mr. HUBERT. So that when this document came into your possession you
knew from the numerals, or letters, “WC”, that there would be a call?

Mr. STRONG. Yes.

Mr. HUBERT. What is this?

Mr. STRONG. That is the initial JMS, and California driver’s
license--California--Calif--driver’s license, BR, abbreviations.

Mr. HUBERT. Was that the identification on the driver’s license?

Mr. STRONG. Yes.

Mr. HUBERT. I show you on Exhibit 5121, stamped on an angle right below
the word “Union,” in large letters what appears to be another stamp of
time which is not quite clear to me. It seems to say, 1963, November
24th, and then something in parentheses, and 60 something. Can you tell
us what that means?

Mr. STRONG. Yes; the 26 in parentheses is the digit time that the
operator completed the transmission of the message in Dallas one
day---the filing time on the application will show 12:26, that the time
the operator completed sending it. This 1:04 p.m. is the time that the
money order actually reached the main floor after the operator on the
third floor released it. We stamp it again when it comes down again
from the operating room--the money order department, and that was what
the 1:04 p.m. means, actually received the money.

Mr. HUBERT. What is the parentheses?

Mr. STRONG. I say, the digit number when the operator in Dallas
completed sending it. In other words, here the message was filed at
11:17 a.m., sent back to the traffic department and the operator put
her stamp on it, and when it is completed then she puts the 2:06 in
digits indicating that the transaction was completed now, which would
have been 11:26 I assume.

Mr. HUBERT. That is to say that is when the telegram got back to Dallas?

Mr. STRONG. That is when it left Dallas.

Mr. HUBERT. Well, it would not have left Dallas on November 26.

Mr. STRONG. No; this is the digited time.

In other words, either 11:26 a.m., or 12:26 p.m. indicating that the
operator had completed the transaction at that time.

Mr. HUBERT. All right. Now, I show you another document which has been
identified as Exhibit 5120, and ask you what this document represents?

Mr. STRONG. On certain money orders when the party is coming into the
office to receive payment we make up what we call a receipt form. That,
you will notice, is a money order receipt form with my initials, J. M.
S., and D. L. L., and No. 4, the wire number out of Dallas.

Mr. HUBERT. Does this conform with the number on Exhibit No. 5121?

Mr. STRONG. Yes, the same number.

Mr. HUBERT. I see.

Mr. STRONG. And then, of course, the dates and the sender’s name, the
office from which the money order came. The date, the amount and the
payee’s name.

Mr. HUBERT. Now, who typed that out?

Mr. STRONG. I did.

Mr. HUBERT. On Exhibit 5120?

Mr. STRONG. Yes, I typed all of this.

Mr. HUBERT. Now, I see a signature there which purports to be that of
Karen Bennett. Who signed----

Mr. STRONG. Karen Bennett supposedly is the one who came in and
presented the California driver’s license.

Mr. HUBERT. Now, you are referring to the figures on Exhibit No. 5120,
is that right?

Mr. STRONG. Yes, sir.

Mr. HUBERT. Did she sign that in your presence?

Mr. STRONG. Yes, sir.

Mr. HUBERT. And I think you have already testified that from the time
stamp on Document 5121, she would have signed that at approximately
3:25 p.m., on November 24, 1963, is that correct?

Mr. STRONG. That’s correct, yes.

Mr. HUBERT. There is nothing on Exhibit 5120, that indicates the time
of sending, is that right?

Mr. STRONG. No, sir.

Mr. HUBERT. Are you able to state, however, that the time stamped on
5121, indicates that the transaction was completed at 3:25 p.m., on
November 24, 1963?

Mr. STRONG. Yes, immediately after Karen Bennett signed this receipt I
stamped----

Mr. HUBERT. “This receipt,” to wit: Exhibit 5121?

Mr. STRONG. Then I stamped the Exhibit 5121, to show the time that
payment had been made.

Mr. HUBERT. And that’s all you know about the matter?

Mr. STRONG. Yes, sir; that’s right.

Mr. HUBERT. Do you remember if Karen Bennett was alone or was there
someone with her?

Mr. STRONG. She was alone. There was no one with her that came into the
office.

Mr. HUBERT. Had she been waiting around?

Mr. STRONG. No, sir; no. She walked in and I immediately waited upon
her. Asked her if I might help her, and she told me she was expecting
a money order, and, of course, I went through the money order file and
paid her upon her identification.

Mr. HUBERT. Had you prepared the money order receipt, which is
identified as Exhibit 5120, prior to the time she came in?

Mr. STRONG. Yes, we do that as quickly as they come in, as we find the
time to do so.

Mr. HUBERT. Now, we have been speaking about Exhibit 5120, in a sense
that might indicate we were dealing with the original document. I asked
you if it is not true that the actual piece of paper that we have
identified as 5120, is a photostatic copy of it?

Mr. STRONG. Yes, it is. The original would be green in color.

Mr. HUBERT. I see. There are some initials on 5120 following the words,
“Issuing employee.” Whose initials are those?

Mr. STRONG. Those are my initials indicating that I paid the money
order.

Mr. HUBERT. Mr. Strong, have you had any interviews with any members of
the President’s Commission other than myself in regard to this matter?

Mr. STRONG. No, I have not.

Mr. HUBERT. Now, there was an interview between you and me prior to the
commencement of this deposition earlier this morning?

Mr. STRONG. Yes, sir.

Mr. HUBERT. In this deposition, have we covered everything that was
covered in the course of our interview?

Mr. STRONG. I think so. I don’t believe there is anything I can add
there.

Mr. HUBERT. Do you know of any inconsistencies in our interview that
have not been developed in the course of this deposition?

Mr. STRONG. No, sir; I do not.

Mr. HUBERT. This Karen Bennett came in in a normal manner and left in a
normal manner and exhibited no emotion whatsoever?

Mr. STRONG. Yes.

Mr. HUBERT. Did you know of the shooting of Oswald when she came in?

Mr. STRONG. No, sir; I did not. I have been on duty since 7 o’clock
that morning with no means of communication whatsoever. In fact, I did
not know it until after payment of this money order had been made. One
of the messengers mentioned the fact that Oswald had been killed, and
that a party by the name of Rubenstein had shot him, which couldn’t
register with me at all, because I did not connect the names.

Mr. HUBERT. Did Karen Bennett indicate in any way that she knew that
Ruby had shot Oswald?

Mr. STRONG. No, sir; there was no conversation between us at all other
than the conversation in respect to the money order.

Mr. HUBERT. And the identification?

Mr. STRONG. Pardon me?

Mr. HUBERT. And the identification?

Mr. STRONG. And the identification. After the transaction she left
the office and there was no occasion of that--there was no further
conversation.

Mr. HUBERT. Thank you very much, sir.



TESTIMONY OF IRA N. WALKER, JR.

The testimony of Ira N. Walker, Jr., was taken at 1 p.m., on April 15,
1964, at the Post Office Building, Fort Worth, Tex., by Mr. Leon D.
Hubert, Jr., assistant counsel of the President’s Commission.


Mr. HUBERT. This is the deposition of Ira N. Walker, Jr.

Mr. Walker, my name is Leon Hubert. I am a member of the advisory
staff of the General Counsel of the President’s Commission on the
Assassination of President Kennedy.

Under the provisions of President Johnson’s Executive Order 11130,
dated November 29, 1963, the Joint Resolution of Congress No. 137, and
the rules of procedure adopted by the Commission, in conformance with
that Executive order and that joint resolution, I have been authorized
to take a sworn deposition from you, Mr. Walker.

I state to you now that the general nature of the Commission’s inquiry
is to ascertain, evaluate, and report upon the facts relative to the
assassination of President Kennedy and the subsequent violent death of
Lee Harvey Oswald.

In particular as to you, Mr. Walker, the nature of the inquiry today
is to determine what facts you know about the death of Oswald and
any other pertinent facts you may know about the general inquiry,
and particularly about the whereabouts of Jack Ruby near the Police
Department Building in Dallas on November 24.

Now, Mr. Walker, I believe you appeared here today by virtue of a
request made in writing to you by Mr. J. Lee Rankin, General Counsel of
the President’s Commission. For the record, would you state whether you
received that letter?

Mr. WALKER. I did; yes.

Mr. HUBERT. When?

Mr. WALKER. Must have been last Friday.

Mr. HUBERT. It was in excess of 3 days ago?

Mr. WALKER. Yes.

Mr. HUBERT. All right, so would you mind taking the oath?

Mr. WALKER. I will.

Mr. HUBERT. Do you solemnly swear that the testimony you are about to
give will be the truth, the whole truth, and nothing but the truth, so
help you God?

Mr. WALKER. I do.

Mr. HUBERT. Would you state your name, please, sir.

Mr. WALKER. Ira N. Walker, Jr.

Mr. HUBERT. What is your age, sir?

Mr. WALKER. Thirty-five.

Mr. HUBERT. And your address?

Mr. WALKER. 6913 Hightower.

Mr. HUBERT. Fort Worth?

Mr. WALKER. Fort Worth.

Mr. HUBERT. What is your occupation?

Mr. WALKER. Broadcast technician.

Mr. HUBERT. What station?

Mr. WALKER. WBAP-TV.

Mr. HUBERT. How long have you been so employed?

Mr. WALKER. Since 1948.

Mr. HUBERT. Were you on duty in Dallas in connection with the visit of
the President of the United States on November 22?

Mr. WALKER. I was on duty after the assassination of the President.

Mr. HUBERT. When did you first go on duty?

Mr. WALKER. In Dallas, the afternoon of the shooting. We went to
Parkland Hospital.

Mr. HUBERT. When you say, “we,” who do you mean?

Mr. WALKER. Our remote crew truck and crew of about four of five of us,
the first day.

Mr. HUBERT. You say a remote truck? Is that one of those trucks like a
Greyhound bus that you haul the equipment?

Mr. WALKER. It is a little smaller than that, but it is the same.

Mr. HUBERT. What does your crew generally con