Chapter IV: Part 4

Miss Woodward continued, "Instead of speeding up the car, the car came to a halt. Things are a little bit hazy from this point, but I don't believe anyone was hit with the first bullet. The President and Mrs. Kennedy turned and looked around as if they, too, didn't believe the noise was really coming from a gun. Then after a moment's pause there was another shot, and I saw the President slumping in the car."

This would seem to be consistent with the statement by Miss Hill that more than three shots were fired.

In addition to these statements, James A. Chaney, who is a Dallas motorcycle policeman, was quoted in the Houston Chronicle on November 24, 1963, as stating that the first shot missed entirely. He said he was 6 feet to the right and front of the President's car, moving about 15 miles an hour, and when the first shot was fired. "I thought it was a backfire", he said.

Now, Miss Hill told me that when she was questioned--put that word unfortunately in quotation marks--by the U.S. Secret Service agents, that they indicated to her what her testimony should be, and that is that she only heard three shots. And she insisted that she heard from four to six shots. And she said that at least one agent of the Secret Service said to her, "There were three wounds and there were three shells, so we are only saying three shots." And they raised with her the possibility that instead of hearing more than three shots, that she might have heard firecrackers exploding, or that she might have heard echoes.

Despite this type of questioning by the Secret Service, Miss Hill continued to maintain, the last I spoke with her, about a week ago, that she heard from four to six shots.

Now, to the best of my knowledge, from my investigation, which has been very severely limited by lack of personnel and almost total lack of funds, and, therefore, is clearly not the kind of investigation which is required here--but from this limited investigation, it seems that only two persons immediately charged into the Texas Book Depository Building after the shots were fired. They were an officer of the Dallas Police Force, Seymour Weitzman, who submitted an affidavit to the Dallas police office, in which he stated that he discovered the rifle on the sixth floor of the Book Depository Building.

There was one other gentleman who ran into the building, and that was Roy S. Truly, who was and is, I believe, the director of the Book Depository Building.

However, Mr. Truly stated that he believed that the shots came from the direction of the overpass and from the grassy knoll. And although he was standing directly in front of the Book Depository Building, he did not believe that the shots came from that building.

Standing with him at the time of the assassination was O. V. Campbell, who was the vice president of the Book Depository Building.

In the Dallas Morning News on November 23, 1963, it was stated that "Campbell says he ran toward a grassy knoll to the west of the building where he thought the sniper had hidden."

So we have two persons that we know of standing in front of the Book Depository Building, and they both thought that the shots came from the grassy knoll near the overpass.

The police officer, Seymour Weitzman, submitted an affidavit to the Dallas district attorney's office, he and Mr. Truly, as I indicated a moment ago were the only two who charged into the Book Depository Building when the shots were fired.

Weitzman indicated in his affidavit--I assume you have the original of that affidavit--that he ran "in a northwest direction, scaled the fence toward where we thought the shots came from."

He indicated "then someone said they thought the shots came from the old Texas Building. I immediately ran to the Texas Building and started looking inside."

So even the two people who ran into the building indicated that they did not believe the shots came from the building.

Mr. Weitzman went into the building because someone whose name he did not give in his affidavit told him to go into the building, and then Truly explained that although he thought the shots came from the general direction of the grassy knoll or the overpass in front of the President's limousine, he saw this officer run into the building, of which he is a director, and he felt that since he knew the building and the officer did not, he should go in the building to assist the officer.

From published accounts, and from my investigation, I can only find one person who thought that the shots came from the building, and that was the Chief of Police in Dallas, Jesse Curry, who said as soon as the shots were fired, he knew they came from the building. From the Book Depository Building.

Now, of course, there were many persons present there whom I have not quoted, to whom I have no access.

Now, I spoke on several occasions with the reporter for the Fort Worth Star Telegram, whose name is Thayer Waldo. Mr. Waldo was standing with a police captain near the Dallas Trade Mart Building, which was the building, public building, where the President was going to have spoken that day. Mr. Waldo was awaiting his arrival, the President's arrival there, when a sergeant who was seated in a police cruiser called the captain over hurriedly to the police car. Mr. Waldo accompanied the captain to the police car. And Mr. Waldo stated to me that he heard the first bulletin which came over the Dallas police radio, and it was "Bulletin. The President has been shot. It is feared that others in his party have been wounded. The shots came from a triple overpass in front of the Presidential automobile."

So even the police, despite the Chief of Police's later assertion that he knew that the shots came from the Book Depository Building, behind the Presidential limousine, the first police radio broadcast indicated that it was the police position at that time that the shots came from the front, not from the rear.

Now, Patrolman Chaney, who I made reference to a little earlier, the motorcycle patrolman, stated that the Presidential car stopped momentarily after the first shot. That statement was consistent with Miss Woodward's statement in the Dallas Morning News, that the automobile came to almost a complete halt after the first shot, and the statement of many other witnesses as well.

Mr. RANKIN. When was that statement made?

Mr. LANE. That statement appeared in the newspaper I made reference to before, the Houston Chronicle, on November 24, 1963.

Mr. RANKIN. When you made an independent inquiry at any time, would you tell us, Mr. Lane?

Mr. LANE. Yes, I certainly shall do that.

Now, I think one has to conjecture as to why the Secret Service agent who was undoubtedly trained for this assignment, and particularly the agent who was driving the Presidential limousine in Dallas, where we were told that the greatest efforts ever to protect an American President were going to be made that day, because of the previous difficulties in Dallas, the attack upon our Ambassador to the United Nations and the attack upon the then Senator Johnson, when he spoke in Dallas in 1960--one would assume that the most qualified Secret Service driver that could be secured would be driving that automobile. It is difficult to understand why the automobile almost came to a complete stop after the first shot was fired, if the shots were coming from the rear. The natural inclination, it would seem, would be to step on the gas and accelerate as quickly as possible. However, if the driver were under the impression that the shots were from the front, one could understand his hesitation in not wanting to drive closer to the sniper or snipers.

In addition, however, Roy Kellerman, who was in the front right-hand seat of the automobile, who I am told was in charge of the Secret Service operation that day, the director of the Secret Service not being present in Dallas on that occasion--according to the pictures printed in Life magazine, Mr. Kellerman looked forward until the first shot was fired. Then he turned back, and looked at the President. He immediately looked forward again, and was looking in the direction of the overpass while the second shot was fired, and while the third shot was fired.

One would certainly expect that Mr. Kellerman was and is a trained observer, who would not panic in such a circumstance, for which he has received his training.

The pictures I make reference to are those in Life magazine which I referred to a little earlier in the afternoon.

Senator COOPER. May I ask a question there, Mr. Chief Justice?

The CHAIRMAN. Yes, go right ahead, Senator.

Senator COOPER. This last statement you made, about the Secret Service agent who turned, so that he was faced to the rear, toward the President, and then turned forward--I didn't quite understand what you deduced from that.

Mr. LANE. I assumed that he was looking toward the sound of the shots.

Senator COOPER. You mean when he turned to the rear, or turned ahead?

Mr. LANE. Well, when the President was shot, and was struck he then turned around, which I would imagine would be an ordinary response when somebody in an automobile with whom you are riding has been shot.

But immediately after that, before the second shot was fired, he turned completely to the front, and was looking at the overpass during the remainder of the time that the shots were fired. It would seem to indicate to me that it is possible that Mr. Kellerman felt that the shots were coming from the general direction in which he was looking.

Mr. RANKIN. What do you base your statement on that the car stopped, the President's limousine?

Mr. LANE. The statement made by various witnesses, including Mr. Chaney, a motorcycle policeman, Miss Woodward, who was one of the closest witnesses to the President at the time that he was shot, and others. I think that is the--I haven't documented that beyond that, because that seemed to be so generally conceded by almost everyone, that the automobile came to--almost came to a complete halt after the first shot--did not quite stop, but almost did. And, of course, you have the films, I assume, of the assassination and know more about that than I do, certainly.

Now, in reference to the rifle, there is on file--I assume that you have it or copies of it--in the Dallas district attorney's office or the police office in Dallas, an affidavit sworn to by Officer Weitzman, in which he indicates that he discovered the rifle on the sixth floor of the Book Depository Building at, I believe, 1:22 p.m., on November 22, 1963.

Now, in this affidavit, Officer Weitzman swore that the murder weapon--that the weapon which he found on the sixth floor was a 7.65 Mauser, which he then went on to describe in some detail, with reference to the color of the strap, et cetera.

Now, the prosecuting attorney, of course, took exactly the same position, and for hours insisted that the rifle discovered on the sixth floor was a German Mauser, adding the nationality. A German Mauser is nothing at all like an Italian carbine. I think almost any rifle expert will indicate that that is so.

I have been informed that almost every Mauser--and I am not able to document this, unfortunately, but I am sure that you have easy access to rifle experts--that almost every German Mauser has stamped upon it the caliber, as does almost every Italian carbine.

Mr. RANKIN. Do you know the difference between the two?

Mr. LANE. Do I know the difference?

Mr. RANKIN. Yes.

Mr. LANE. I know the difference between an Army M-l and an American carbine--those are the only two weapons I fired--during the war. No, I don't know anything about rifles, other than those two rifles, which I used at one time.

I think it is most interesting to note that when Oswald was arrested we were informed immediately that he had an alias--his last name was Lee in that alias--as well as a great deal of material about his political background and activities on behalf of the Fair Play for Cuba Committee, and his defection to the Soviet Union, et cetera. But the alias was raised immediately.

The following day, on the 23d, when it was announced by the Federal Bureau of Investigation, that Oswald had purchased an Italian carbine, 6.5 millimeters, under the assumed name, A. Hidell, then for the first time the district attorney of Dallas indicated that the rifle in his possession, the alleged murder weapon, had changed both nationality and size, and had become from a German 7.65 Mauser, an Italian 6.5 carbine. And, further he indicated then for the first time that they knew of another alias maintained by Lee Oswald. In addition to the name Lee, which they discovered, they said, by going to the home where he lived--the house where he had lived in Dallas, where he rented a room, a rooming house, they discovered there he had secured the room under the name Lee. Mr. Wade stated that on Oswald's person, in his pocketbook, was an identification card made out to A. Hidell, and I have seen pictures of this reproduced in either Time magazine or Newsweek, or one of the weekly news magazines--I believe it was one or the other--with a picture of Oswald appearing on this card, plainly indicating that Oswald had the alias A. Hidell, to Mr. Wade.

I think it is interesting that the name Lee as an alias was released immediately, although some investigation was required to secure that alias. But the name A. Hidell, was not released as an alias, although that was present and obvious by mere search of Oswald's person when he was arrested.

Mr. RANKIN. Can you give us the time of the release of the information about the alias, A. Hidell?

Mr. LANE. That was on November 23.

Mr. RANKIN. And how about Lee?

Mr. LANE. November 22. The first release of the name A. Hidell came from the district attorney's office after the FBI had indicated that Oswald had purchased an Italian carbine under that name.

If I were permitted to cross-examine Mr. Wade, which evidently you have decided that I shall not be permitted to do, and Officer Weitzman, I would seek to find out how about the most important single element in probably this case or any other murder case, physical evidence, the murder weapon, in a case which I am sure is Mr. Wade's most important case--how he could be so completely in error about this.

Mr. Wade is a very distinguished prosecuting attorney, has been one for some 13 or 14 years, and I believe was an agent of the Federal Bureau of Investigation prior to that time.

I would like to know how he could have been so wrong about something so vital.

Now, assuming that the rifle found on the sixth floor was an Italian rifle, Italian carbine, one must wonder how it was possible for any number of things to happen for it to be fired there three times and strike the President in front of the throat, although he was past that building, and for the noise, according to the witnesses of the shooting, to have come from a different place entirely.

But in addition to that, one must wonder if that rifle is capable of the performance which the prosecuting authorities allege that it gave on that day. An Olympic rifle champion, Hubert Hammerer, said that he doubts that it could be done.

Mr. RANKIN. Could you give us his address?

Mr. LANE. He is not in the United States. The story appeared in the New York Times. I don't have the exact date.

Representative FORD. What nationality is he?

Mr. LANE. I don't know.

Representative FORD. Do you know when he was Olympic champion?

Mr. LANE. No, I don't know that. I do know it probably was some time after the Italian carbine was manufactured, since it is an extremely old weapon, manufactured back in 1938, as I recall. There seems to be an agreement that the period of time was between 5 and 6 seconds from the first shot to the last shot.

There is a serious question in the minds, I think, of persons who have fired that pistol--that rifle--first of all, as to its ability to be fired that quickly accurately with a telescopic sight, and secondly, in reference to the ammunition which is available. Various persons have tested various lots of ammunition. Someone from the National Rifle Association told me that he tested more than 30 rounds, a little over 30 rounds of the Italian 6.5----

Mr. RANKIN. When you refer to these people, will you tell us the names of any of them that you can? It might be of help to us.

Mr. LANE. I should remember this gentleman, because I just spoke with him. That is another name I am going to have to supply for you.

Mr. RANKIN. Thank you.

Mr. LANE. He is a member of the board of directors of the National Rifle Association. He purchased for one of the television networks some 30 rounds, a little over 30 rounds, and told me that 20 of them did not fire at all, and 6 of them were guilty of hanged fire, which is a phrase I don't know anything about, but he tells me that means it did not fire fully, and, therefore, could not be accurate. Therefore, a very small percentage of the ammunition was of any value.

Mr. Ed Wallace talked about making a similar test in the New York World Telegram and Sun, in a feature article, and I think he said that he went with an expert, and they got 20 rounds of this ammunition, and of those 17 did not fire--only 3 fired. It was very old ammunition.

Representative FORD. Who is Ed Wallace, and who is the individual that Ed Wallace referred to? Do you have that information?

Mr. LANE. I believe Mr. Wallace indicated that he was present when the test was made. But it was an article appearing in the New York World Telegram and Sun within a week after the assassination--from the 23d to the 30th of November. And I can secure and mail to you a copy of that article, if you prefer.

While there may be some question as to whether or not a rifle expert could secure such performance from a rifle, or whether or not one could secure enough good ammunition to get such performance, I think there is general agreement that only in the hands of a rifle expert could one attempt to come close to that kind of shooting that it is alleged Oswald did on November 22.

The Times reported on November 23, "As Marines go, Lee Harvey Oswald was not highly regarded as a rifleman." And you have in your files, of course, the scorecard indicating Oswald's marksmanship or lack of marksmanship while in the Marine Corps.

In addition to that, you have the documents given to you by Marguerite Oswald, Lee Oswald's mother, which contained a scorecard maintained by Oswald while in the Marine Corps, showing his score in fast and slow shooting at various different yardages, in reference to both an M-l, as I recall, and an American carbine. Now, of course, it has been alleged on occasion that Mr. Oswald practiced with his rifle, on occasion, on weekends, at rifle ranges.

Mrs. Paine, with whom Lee Oswald's wife lived for the 2 month period preceding the assassination, and where Lee Oswald himself spent weekends for that 2 months period preceding the assassination, told me that Oswald could not have ever gone to a rifle range on a weekend, since she can account for his whereabouts during that entire 2 month period just preceding the assassination.

Mr. RANKIN. Can you give us the day of that conversation with Mrs. Paine?

Mr. LANE. I have had about five conversations with her. The first one would be, oh, I believe, New Year's Day. I think that is the first time--this year--I believe that is the first time that she made the statement to me. She said she could account for Oswald's whereabouts during that 2 month period on weekends, from Friday late afternoon, when he left work in Dallas and arrived there in Irving, until early Monday morning.

She said the exception is during that time--she didn't watch him every moment, of course--there might be exceptions when she went shopping for half an hour, and he was left home to take care of the children, her two children, his children. But that unless he ran out quickly into the back yard with the rifle and shot and then quickly put the rifle away while caring for three children, or four children, that it would be impossible for him to practice with the rifle on weekends.

Since it has been alleged that the rifle was in the garage during the entire period of time, of course--that was in Irving, Tex., and he was in Dallas, Tex.--it would have been impossible for him to practice during the week while he was in Dallas, with that particular rifle.

Of course one must zero in a rifle in order to be even fairly accurate with it. One must practice with the specific weapon which one is going to use, in order to have any accuracy, in any event.

Now, I spoke with Dial M. Ryder, who is a gunsmith in Irving, Tex., at the Irving Sport Shop, and he told me that he mounted a telescopic sight on a rifle for a man named Oswald during October 1963.

Now, unfortunately, he does not recall--that is around the deer season, he informed me, and a lot of people are getting rifles fixed or repaired or sights mounted on them during that time in the Dallas-Irving area. And he does not recall, therefore, what this gentleman named Oswald looks like.

But he does know that a rifle was brought to him by someone whose name now appears in this record as Oswald, and that he drilled three holes in the rifle for a mount, telescopic mount. He said he had only seen three rifles which required three holes for telescopic mount--a 303 British Enfield, a 303 American Springfield army surplus rifle, or an Eddystone, which is also an American rifle. He said, therefore, he did not attach a telescopic sight to the Italian carbine, because he would have only drilled two holes.

His employer, I think his name is Greener, he told me, checked with all the Oswalds they could find in the Irving area after this matter came to their attention, and could not find anyone in that area--and they called some people in Dallas also named Oswald--could not find anyone named Oswald who brought the rifle in to him.

I talked to Milton Klein, who is the owner of Klein's sporting goods store in Chicago--Klein's Sporting Goods is the name of the establishment, in Chicago.

Mr. RANKIN. When was this?

Mr. LANE. I spoke with him within the last 2 or 3 days. And he told me that--he runs the mail-order house which sent the carbine, Italian carbine, to Dallas, not to Oswald, but to A. Hidell, and that he sent that out with the holes already bored in the Italian carbine, and equipped with a telescopic sight which was already attached to the rifle.

Aguto Marcelli, who is a correspondent for an Italian publication which appears physically very much to be like Life magazine, called Leuropeo, stated to me that he had spoken with Mr. Klein, and Mr. Klein told him that the FBI--"The FBI warned me to keep my trap shut."

Mr. RANKIN. When was this?

Mr. LANE. He told me this about 2 weeks ago. When I spoke with Mr. Klein, about 3 days ago, 2 or 3 days ago, he indicated that he did not want to discuss any aspect of this matter with me. And I asked him if that was because he was told not to talk with anyone about this case, and he said yes.

And I said, "Who told you that?"

He said, "The FBI agents told me, ordered me not to discuss this case."

I pointed out to him that if he did not wish to discuss the case with me, I would not force him to. There was no way that he would be compelled to answer any of the questions that I asked him. But, however, in our democratic society, the FBI cannot order anyone not to discuss a case, and that such an order to him was not a valid order, if he wanted to discuss the case with me--he could.

So he did. And he told me what I informed you--that the FBI told him not to discuss the case, and that he mailed this rifle with the holes already bored and with the telescopic sight already mounted to someone named A. Hidell.

He also said that "No ammunition was purchased from me by Hidell at that time or since."

Senator COOPER. Mr. Chairman, may I ask a question?

The CHAIRMAN. Yes, sir.

Senator COOPER. Did he name any person with the FBI who told him not to discuss the case?

Mr. LANE. No; he did not.

Senator COOPER. Can you identify--did he identify him in any way?

Mr. LANE. He did not identify him. Earlier, perhaps before you arrived, Senator, I made reference to a statement made by Mrs. Hill, who was told by the Secret Service--I think perhaps you were here--that only three shots were fired. And I asked her specifically if she could identify that Secret Service agent, and she told me that she could not, there was such tremendous confusion at that time, there were so many agents of the FBI and Secret Service that she spoke to, that she did not think she could. But possibly if she saw him, she might be able to recognize him.

I didn't go any further into that question, however, with Mr. Klein. He seemed very reluctant to discuss that entire area--to discuss anything, but particularly that area.

I read in the Dallas Times Herald, on November 25, 1963, the statement made by Mr. Wade, when asked what they had tying Oswald to the "crime of the century" and his response was, according to the Dallas Times Herald, "If I had to single out any one thing, it would be the fingerprints on the rifle, and the book cartons which he used to prop the weapon on."

On the same day the World Telegram and Sun reported "Federal authorities have concluded that no readable print was found on the murder weapon when it was flown to Washington for laboratory studies."

There were certain leaks that a fingerprint or a palm print was discovered on the bolt of the rifle. If that is so, it would be remarkable if it were a print belonging to anyone other than Captain Fritz of the Homicide Squad in Dallas, because according to the affidavit signed by Officer Weitzman, who discovered the weapon, and I am quoting now from the affidavit on file--at that time on file with the district attorney's office, "The time the rifle was found was 1:22 p.m. Captain Fritz took charge of the rifle, and ejected one live round from the Chamber. I then went back to the office after this."

Now, you know if you have worked with that rifle that the--on most Italian carbines that bolt is not worked too easily. One really has to grab a hold of it and pull back. It would be unusual if a fingerprint belonging to someone other than the person who did that survived.

The first statement made by Mr. Wade in reference to the taxi driver who he alleged--he, Wade, alleged took Oswald generally from this scene, indicated that the driver's name was Daryl Click.

Now, that statement was not made in the first hours of the arrest. That statement was not made until after Chief Curry had announced to the press in Dallas, on that day, November 24th that the case was closed, there would be no further investigation--Oswald was the assassin, he had acted alone, he was then dead. And as a result of the change in policy, to reopen the case and have Mr. Wade assume a position in front of the radio and television microphones and cameras of the Nation, on that evening November 24, Mr. Wade then presented what he said was the evidence "for you piece by piece." And part of the evidence which he had secured was the proof that a taxi driver named Daryl Click drove Oswald roughly from the scene to his home, to Oswald's home.

When I was in Dallas--I suppose this was on January 2d, my first trip there in reference to this matter--I spoke with a Mr. Roseboro of the Teamsters Union--they have organized the taxi drivers in Dallas--and asked him if he knew--if he could give me any information about a Daryl Click. He said he did not have the name in his files, but Texas being a right-to-work law State, it is possible, he said, that Mr. Click was a driver but not a member of that union. He referred me to the personnel department of the City Transportation Co., which he told me was the one company monopoly running all the taxis in Dallas.

I spoke with the City Transportation Co. personnel office, Mr. Pott, as I recalled, who checked the records, and indicated to me that there was no Daryl Click who drove a taxi in Dallas.

Some time after Mr. Wade stated that Daryl Click was the taxi driver, he then stated that a person by the name of William Whaley was the taxi driver who took Oswald from the scene after he left the bus to his home.

It is therefore alleged by the prosecution that Oswald, after firing upon the Presidential limousine, walked the entire floor from the front of the Book Depository Building to the rear of the warehouse, almost to the extreme rear, where he hid the rifle, where it was found, and then took the stairs at the rear of the Book Depository Building and walked down four flights, until he arrived at the second floor, and then he walked to the Coca-Cola machine, which was at the front of the building, meaning he crossed the entire warehouse floor again, and he purchased a Coca-Cola, and was sipping it when a police officer arrived with a gun drawn, questioned him briefly. Mr. Truly explained to the officer that Oswald worked there. And eventually Oswald left the building, boarded a bus, then walked, after leaving the bus--walked two blocks and entered Mr. Whaley's taxi, at exactly 12:30, according to Mr. Whaley. The shots that killed the President were fired at 12:31.

Now, there is on file in the district attorney's office--I assume you have the original or copies of it--a report of a paraffin test taken of Oswald, of both his hands and his face. The test proved, according to Mr. Curry, and the statement that he made on Saturday, November 23, to the press that Oswald had fired the murder weapon. However, a reading of the test indicates that one could come to a very different conclusion.

The test in reference to the face proved negative, indicating that Oswald had not fired a rifle on November 22, 1963--although the test on the hands showed positive--indicating, according to the person who did the analysis, the kinds of patterns consistent with one having fired a revolver. That was the statement on the test taken and conducted by a Louis L. Anderson, on November 23, 1963, by the Dallas City County Crime Investigation Laboratory.

Now, it has, of course, been alleged that after Oswald shot the President and took a bus and a taxi, and went home and got a jacket, he then shot and killed Officer Tippit. The affidavit in the district attorney's office indicates that a person saw a stopped police car, walked up to the police car, leaned on it with his arms on the window, or what would be a windowsill or window ledge of the automobile, and then stepped back a step or two, the officer came out, and this person shot Officer Tippit to death.

The affidavit is peculiarly sparse in reference to the description of the assailant, the man who killed Tippit, by an eyewitness who said she was just 50 feet away.

Her description of this person is found in two different portions of the affidavit--he was young, white, male, and that is the entire description present in the affidavit at that time.

I spoke with the deponent, the eyewitness, Helen Louise Markham, and Mrs. Markham told me--Miss or Mrs., I didn't ask her if she was married--told me that she was a hundred feet away from the police car, not the 50 feet which appears in the affidavit. She gave to me a more detailed description of the man who she said shot Officer Tippit. She said he was short, a little on the heavy side, and his hair was somewhat bushy. I think it is fair to state that an accurate description of Oswald would be average height, quite slender, with thin and receding hair.

Helen Markham said to me that she was taken to the police station on that same day, that she was very upset, she of course had never seen anyone killed in front of her eyes before, and that in the police station she identified Oswald as the person who had shot Officer Tippit in the lineup, including three other persons. She said no one pointed Oswald out to her--she was just shown four people, and she picked Oswald.

She said--when I asked her how she could identify him--she indicated she was able to identify him because of his clothing, a gray jacket and dark trousers. And this was the basis for her identification--although Oswald physically does not meet the description which she indicated.

Representative FORD. When did you have this conversation with the deponent?

Mr. LANE. Within the last 5 days.

Representative FORD. Some time in late February 1964?

Mr. LANE. Or perhaps even early March, yes, sir.

Now, I inquired--I told her that I was coming here today, and that I was completing my investigation as Oswald's lawyer, and asked her if she would discuss the matter with me, and she said she would.

I asked her if anyone had asked her not to discuss this matter with me. At first she seemed reluctant, and she said she was reluctant because I called her at her place of employment, the Eat Well Cafe in Dallas. I tried her at home many times before then, but her phone was always busy. I believe it is a phone which is not her personal one, but is a common phone shared by others in the building where she resides.

I apologized for calling her at her place of employment. And she seemed reluctant to talk to me. I asked if anyone had asked her not to talk about this case with anyone. She said yes, she had been told by the FBI, by Secret Service agents, and by Dallas police, all three groups, not to discuss anything in relation to this case, and that by and large she had not.

I told her that somewhere it occurred to me that I had seen an article in a newspaper in which she described the assailant of Oswald as short, stocky, and with bushy hair--I'm sorry, the assailant of Tippit--as being short, stocky, with bushy hair. And she said she did talk to a reporter, she thinks, for one of the Dallas newspapers, the Dallas Times-Herald or the Dallas Morning News--but that is the only time she talked to anybody.

I would like to call to the Commission's attention the entire brief narrative of the entire case, as presented by the district attorney's office at this point, or at least on the 24th, because it seems to me to be so full of incredible happenings, that it would be very difficult to submit such a story to a jury by a prosecution generally.

If everything that the prosecution in this case says is true, one must conclude that Oswald behaved in a very, very unusual manner from the beginning to the end.

He decided on Thursday, November 21, that he was going to assassinate the President, and so he decided to go back to Irving, Tex., to secure a rifle there, in order to carry out that purpose. He had on his person some $13 when arrested, and almost $150 in cash in the top drawer of his dresser--so we can assume that on Thursday, the 21st, he had roughly that amount of money present.

One can purchase a rifle for less than $13 in many stores in Dallas. There is no question about that. By using a small portion of that $150, he could have purchased a rifle absolutely superior to the Italian carbine at home in Irving in many respects. And there are gun magazines which have had editorials dwelling on this question, saying that if Oswald did it with this weapon, and they do not move into the question of whether or not he did, it was an absolute miracle, because no one who knew anything about rifles would have chosen such a decrepit, worthless rifle, as this Italian carbine, manufactured in 1938, for which there is such pure ammunition. There are a series, I believe, of editorials in gun magazines proving that Oswald, I think, as a matter of pride, from a sportsman's viewpoint--that Oswald was in no way associated with weapons and did not belong in that category, because he could not have chosen such a weapon.

Representative FORD. Could you give us the citations of one of these magazines?

Mr. LANE. Yes. One is called Gun Magazine. I do not recall the names. But that is one of them. I am sure there was such an editorial in that one. I will get the other one and mail those to you also.

But I think there would have to be a more compelling reason for Oswald not to go home and get that particular inferior rifle if he decided on Thursday to kill the President. That was the only rifle in the whole world probably that could be traced to him. One can purchase a rifle in almost any community in this country, certainly in Dallas, without any notoriety attaching to it, without giving one's name or address, or having a serial number attached to a receipt kept by a store indicating who owns that particular rifle.

But here we have Oswald going home to get an inferior rifle, which rifle is the only rifle in the whole world which can be traced to him, which rifle he is going to leave behind as a calling card after the assassination is complete.

And so he goes home to Irving, Tex., and he gets this rifle, and he wraps it up in paper, we are told, and brings it in to the Book Depository Building.

Now, the rifle can be broken down, I believe, from examining other Italian carbines. But it would be not much shorter if it was broken down--perhaps 6 or 7 inches shorter. Evidently, though, he did not do that.

So he took this rifle into the book depository building, which I suggest, gentlemen, is a most remarkable thing. This was going to be the greatest series of precautions in the history of the United States to protect an American President. As we know now, and suspected then, with very good reason, because of the nature of what had gone before, with reference to public officials in Dallas--and here we have a man who has defected to the Soviet Union, who has married a Russian national, active on behalf of the Fair Play for Cuba Committee, we see a discharge less than honorable from the U.S. Marine Corps, who was working in the building exactly on the Presidential route. Not only is it on the Presidential route, but it is the building where the automobile is going to have to clearly slow down because of the sharp turn, sharp left turn, made right in front of the building.

And despite all of these precautions--and I have been informed that there were serious precautions taken in Dallas on that day by the Dallas police and by others, and that persons who did no more publicly, who did no more ever politically than to publicly speak in favor of school integration, were followed that day as potential assassins in Dallas.

Nevertheless, Oswald, with that background, is permitted to walk into the Book Depository Building, directly on the Presidential route, carrying with him in his hand a full rifle.

Mr. RANKIN. Can you tell us the information on which you base this, about anyone who merely spoke about school integration?

Mr. LANE. Yes. A reporter for the Dallas Morning News told me that, told me he was absolutely certain that was so. But before revealing his name, I am going to have to call him and indicate I am going to do that. I will be happy to do that. I am glad you are interested in that matter, because I think it is a most important one.

I suggest that the Federal Bureau of Investigation knew that Oswald worked at the Texas Book Depository Building, which was on the Presidential route. An FBI agent by the name of Hosty visited the home of the Paines in Irving, Tex., sometime during September and October. He visited that home on more than one occasion. Each of the at least two times that he was there, possibly three but I am not certain--but I was told he was there two times--I know I was told by Mrs. Paine in the presence of her husband, Michael Paine, that Agent Hosty was there at least on two occasions--each time he was there he asked where Oswald was. Mrs. Paine explained to Agent Hosty, she told me, that Oswald lived there only on weekends, and that during the week Agent Hosty could find him at his room in Dallas, where he stayed during the week, or during the daytime could find him at the Texas Book Depository Building, where he was an employee. Nevertheless--and that Oswald would not be found in Irving, Tex. at the Paine's home during the week. Nevertheless, Agent Hosty returned again at least one more time to the Paine home in Irving, during the week, during the day, I believe--certainly during the week--and again asked about Oswald, and again Mrs. Paine told him that he worked at the Book Depository Building, he would not be there, she said, "As we told you last time he won't be here during the week. During the daytime during the week you can find him at his job at the Book Depository Building, and during the nighttime during the week you can find him at his rooming house in Dallas."

Mr. RANKIN. Did she tell you whether she told him where the rooming house was?

Mr. LANE. I do not believe I asked her that question, and I don't believe she mentioned that.

Well, to go back to the prosecution narrative, or narrative according to the facts presented by the prosecution, Oswald was on the sixth floor, fired at the Presidential limousine, not as the automobile approached the building, when the automobile came extremely close to the building, so close that possibly even with that weapon one could have shot occupants of the automobile from that window--but it is alleged that Oswald never shot--it is now alleged that Oswald never shot when the automobile was right outside of the building, but fired when the automobile was some 75 yards beyond the building, when the first shot was fired.

Then Oswald walked the entire floor--or ran--the entire floor of the warehouse to the rear of the building, placing the rifle in between some boxes, but visible, so that one can see it when one arrives on the floor; went to the rear stairs, walked down the four flights to the second floor, then to the front of the building again, where he purchased a Coca-Cola--made no effort to leave the building at that time, evidently was going to wait until the building was surrounded by police before leaving.

He stayed at the top of the stairs near the Coke machine long enough so that a police officer could come up and place a pistol near him, and Roy Truly, the director, then intervened indicating that Mr. Oswald was employed at the building at that time, and the officer then went on to do other things in the building, including later on, I believe, to find the rifle, if it was the same officer.

Mr. Truly stated that Oswald was quite calm when the officer approached him on the stairs. He said although he did seem a little concerned about that pistol being stuck at him--but otherwise he seemed quite calm at that time.

Well----

Representative FORD. Where was this statement made, or testimony given?

Mr. LANE. By Truly?

Representative FORD. Yes.

Mr. LANE. This was reported very widely in probably dozens or scores of newspapers. The New York Times carried that, as did many other publications--direct quotations from Truly who was interviewed.

Then the next thing we heard from the prosecution in their opening or closing statement to the television cameras, after Oswald was killed was that--the next we hear of Oswald he was on a bus. Well, if Oswald boarded the bus where the busdriver claims he did, then Oswald walked a distance, in order to secure a bus which is going to take him directly back to the Book Depository Building, which one would think he was trying to flee after assassinating the President.

I would refer you to his story by Hugh Ainsworth in the Dallas Morning News published during the first week after the assassination. Hugh Ainsworth and Larry Grove published on November 28 in the Dallas Morning News--this is headed "Oswald Planned To Ride By Scene"--in which there are statements from the busdriver that--named C. J. McWatters, in which Mr. McWatters indicates that Oswald entered the bus at Elm and Griffin, and further indicates that the bus was going to go seven blocks further west and turn at Houston Street, exactly the scene of the assassination, or at least the scene of the Texas Book Depository. So Oswald traveled somehow some seven blocks in order to secure a bus which is going to take him back to the place that he left.

Now, although I have talked to Mr. Ainsworth, and he tells me that the story is absolutely correct, and he questioned Mr. McWatters quite thoroughly, and he will so testify, I believe, if he is asked--Mr. Ainsworth will--and the affidavit which Mr. McWatters signed, or which the busdriver signed, he does not state that Oswald walked seven blocks and was going to get on a bus which was going to take him back. Indeed, he states that he picked him up about Elm and Houston Street, at the Book Depository Building. But the busdriver indicates that that story in his affidavit is not true. He indicated that after the affidavit was drawn and signed by him.

Mr. RANKIN. What did you say was not true, Mr. Lane--which part of it?

Mr. LANE. The affidavit. Mr. McWatters indicates that the affidavit in which--let me start that again.

There is an affidavit from the busdriver, which I am sure you have, which shows that according to his statement Oswald came into the bus at Elm and Houston Street. However, the busdriver since that time has indicated that Oswald came into the bus seven blocks from Elm and Houston Street, and had entered a bus which was going to take him to Elm and Houston Street. Elm and Houston Street of course is the location of the Book Depository Building.

Mr. RANKIN. Now, when you say since that time he has indicated that, you mean to you or to someone else?

Mr. LANE. To those two reporters for the Dallas Morning News with whom I discussed--one of them--I discussed this specifically. And he said that every word in that story is absolutely accurate, that he went to see the busdriver, and had a prolonged interview with him, and went over this in great detail with him. I think these two reporters will testify as to what the busdriver told them in their interview with him.

Mr. RANKIN. But they have not published this later story that you are telling about.

Mr. LANE. Yes, they have. That is the date that I gave you. The Dallas Morning News, on Thursday, November 28, under the headline "Oswald Planned To Ride By Scene".

Mr. RANKIN. Do you want to leave that with us?

Mr. LANE. I wonder if copies can be made of everything.

Mr. RANKIN. Yes.

Mr. LANE. Then I will be happy to leave it.

Mr. RANKIN. The story you were just referring to in the Dallas Morning News is Commission Exhibit 343.

(The document referred to was marked Commission Exhibit No. 343 for identification and received in evidence.)

Mr. LANE. That's correct.

Well, now, Oswald allegedly had shot the President and has walked some, talked to an officer, was calm, walked some seven blocks to find a bus which was going to take him back to where he left, and then got off and got--entered into a taxi after he had walked some two blocks from where he left the bus. And this taxi he entered of course a minute before the President was shot, if the taxi driver's log is accurate--after Oswald had done all these things, after allegedly shooting the President and the Governor.

Then the taxi driver drove him directly past his own home, according to the statement and--past Oswald's Dallas rooming house, until he arrived at a scene about a half a mile beyond Oswald's house, where Oswald then left the taxi, and then walked or ran home to secure a jacket--leaving behind, although one would assume he is now giving considering to escaping, the $150 in the dresser drawer, and taking just his jacket with him.

Mr. RANKIN. Which dresser drawer?

Mr. LANE. This is in Dallas.

Mr. RANKIN. Not at the Paine's?

Mr. LANE. Not at the Paine's. I do not know if there was money at the Paine's, but if he had money there, he left that behind the night before, knowing he was going to----

Mr. RANKIN. But the $150 you are speaking of was in his rooming house at Dallas.

Mr. LANE. Yes.

Mr. RANKIN. Do you have any affidavit or information in support of that statement about the $150?

Mr. LANE. I do not have an affidavit. I have the statement of a reporter who was told that--he was told this by a police officer who was present when the money was found in the Dallas rooming house. I have his statement. I can again ask for his permission to release that.

Mr. RANKIN. Would you do that, please.

Mr. LANE. Yes, sir.

Senator COOPER. Mr. Chairman--perhaps it has been done, but I think it would be proper in all cases in which he has referred to conversations that he has had with individuals who made statements to him about some aspect of this matter, and whose names he has not identified, that if he could give to the Commission in all of those cases the names of the individuals who gave him this information.

Mr. LANE. Yes, sir.

Senator COOPER. I mean at sometime--don't you think?

Mr. RANKIN. Yes, sir, it would be very helpful.

Mr. LANE. Yes, sir. I think there are only two occasions where I indicated I had to check the source, and one is the name of the rifle association board member whose name I will be happy to give to you, but I just do not recall it--my office has that.

Senator COOPER. I did not remember that you gave the name of this individual who told you that some policeman had told him that he had been present when the $150 was found.

Mr. LANE. Yes; that is one.

Senator COOPER. Did you give that name?

Mr. LANE. No; I did not give that name.

Mr. RANKIN. You said you were going to ask him his permission.

Mr. LANE. Yes; that's correct.

Then Oswald took a taxi, which took him approximately a half mile beyond his own house, his own room in Dallas, and he either walked or ran back to get his jacket--although it was a very warm day in Dallas. That day Mrs. Kennedy said later on that, reviewing the moment before the President was shot--she said she saw this overpass ahead and looked forward to being under it for a moment because there would be some brief shade to protect them from the powerful sun that day.