Chapter XXXV: Part 35
Mr. LIEBELER. What did you do before you went to work with the Dallas Times Herald?
Mr. LEHRER. I was with the Dallas Morning News about 2 years.
Mr. LIEBELER. Before that?
Mr. LEHRER. I was in the Marine Corps. I went there directly from school into the service.
Mr. LIEBELER. And then you came to work for the Dallas Morning News?
Mr. LEHRER. I did.
Mr. LIEBELER. Then you went to work for the Dallas Times Herald and you are employed by them now?
Mr. LEHRER. Yes, sir.
Mr. LIEBELER. I have received information that you were in the office of the Dallas Times Herald on the morning of November 28, 1963; is that correct?
Mr. LEHRER. Yes.
Mr. LIEBELER. Would you tell us when you got there and what you did that morning and what you saw?
Mr. LEHRER. Well, it was Thanksgiving and I got there about 7 or 7:30, something like that, and I don't remember specifically any stories that I worked on on that day. It was just a routine day, not a routine day--a holiday is not routine, because you don't work the whole day on a holiday, so I only worked until around noon that day.
Mr. LIEBELER. You got to the office about 7 o'clock?
Mr. LEHRER. About 7 or 7:30--something like that.
Mr. LIEBELER. Do you know Hunter Schmidt, Jr.?
Mr. LEHRER. Yes; I do.
Mr. LIEBELER. Is he also employed as a reporter by the Dallas Times Herald?
Mr. LEHRER. Yes.
Mr. LIEBELER. And he was at that time?
Mr. LEHRER. Right.
Mr. LIEBELER. Did you see him in the office that morning?
Mr. LEHRER. Yes, sir.
Mr. LIEBELER. Are you familiar with the fact that a story appeared in the Dallas Times Herald on this day concerning a gunshop in Irving, Tex., at which Oswald was supposed to have had some work done on a rifle?
Mr. LEHRER. Right.
Mr. LIEBELER. Were you aware of how that story came into the office of the newspaper?
Mr. LEHRER. Yes; in a general way. The desk, or the city desk, which consists of the city editor and the assistant city editor or the rewrite staff--somewhere they got a tip that there was a fellow in Irving who had mounted the sight or knew something about it. It was given to Hunter to check out. I happened to be sitting over there. I do not normally work physically on the city desk, but all of us had been working on the assassination aspects and it had been a lot of my responsibility in particular, because so much of it was on my beat at that time, and somebody said they got this guy and they gave it to Hunter to check out and I was sitting right next to Hunter and when he checked it out--in other words--when he called.
Mr. LIEBELER. What did he do--do you remember?
Mr. LEHRER. Well, he just--he was talking to somebody on the telephone and he was given the checkout and he had the man's name before he called and he called somebody on the phone and I was doing something myself--I wasn't writing a story, but I was sitting there and he was talking to this guy, talking to somebody on the telephone, let's put it that way, and when he got through he said something about, "Yeah--this is it; that's right."
Or, it was words to that effect, and then I looked at his notes, you know, and said, "That's a hell of a story," or something like that, and about that time somebody said, "Don't talk about it, write it." So he gave it to, I think it was--I'm not sure about this, but I think it was in a general story of the assassination developments of that day, which we were running every day, and I think a rewrite man may have taken the notes and written the story. I don't recall seeing Hunter write the story.
Mr. LIEBELER. Do you know the name of the man that Schmidt was talking to?
Mr. LEHRER. I can only assume it was Ryder.
Mr. LIEBELER. What leads you to that assumption?
Mr. LEHRER. Well, it was just circumstantially--I believe it was. I mean, he was given this name and the information that this man is supposed to have mounted the sight on Oswald's rifle.
Mr. LIEBELER. And the name he was given was Dial Ryder; is that right?
Mr. LEHRER. That's right; that's right.
Mr. LIEBELER. And he was told to check that story?
Mr. LEHRER. That's right.
Mr. LIEBELER. And he proceeded to do it?
Mr. LEHRER. He proceeded to do it. He dialed a number and got somebody on the line and started talking and when he got through, he said, "That's right." I looked at his notes--I don't have a specific recollection of what the notes said, but I remember that he had some quotes there, I mean, he had some information in the notes that verified the story, and at that time--one of the reasons I was interested in it--I was working on the story we finally ran the next day on the FBI looking for where Oswald might have possibly test fired this rifle, so that was one of the reasons I was particularly interested in it, because I wasn't coordinating our assassination coverage, but I was vitally involved in it, I would say, at that time, and I was working on this, and I think he gave the notes to a rewrite man. I'm not sure, but I don't know what happened after that.
Mr. LIEBELER. In any event, you have the specific recollection that Schmidt engaged in a conversation over the telephone for some period of time at a time when he was supposed to be checking out this story of the gunsmith in Irving?
Mr. LEHRER. That's right.
Mr. LIEBELER. After this conversation was over, he indicated to you that the story checked out?
Mr. LEHRER. That's right.
Mr. LIEBELER. Subsequently that day the story, in fact, appeared in the newspaper, indicating that there was evidence to show that Oswald had taken his rifle to this particular gunshop.
Mr. LEHRER. Right.
Mr. LIEBELER. Have you discussed this situation with Schmidt recently?
Mr. LEHRER. No; actually, I talked to him about it briefly this morning.
He was somewhat--he didn't recall who was sitting next to him and I told him I had, because I didn't think there was any problem, and I just mentioned that. Now, the FBI--one thing--as far as that's concerned--and as far as the fact that somebody might think that Hunter and I got together on this--the day the FBI got this, and apparently it was sent down by the Commission who said, "Check this out"--that Ryder apparently--there was some question about it--and the FBI came up there and a guy by the name of--well, there were two agents from Oklahoma City who were working a special on the assassination at that time--just the assassination story. It was Petrakis and some other guy--I don't remember the other guy's name, but they came up and talked to Ken Smart. You see, there was no byline on the story and they said, "Who wrote the story?" and Smart apparently said he didn't know and they went back and looked in the files and that indicated who wrote it and so Ken came over to me and showed me the story with Petrakis and this other guy there, and he said, "Did you write the story?" And I said, "No, Hunter Schmidt wrote the story"; that's how they found out Hunter even wrote it--where he got the information was when I told him and so then we talked about this thing briefly, you know, and Ken said, "Apparently Ryder is saying that he didn't talk to anybody at the time," and I told Smart and Petrakis and this other fellow here that I was sitting right next to the fellow and that he was talking to somebody and I assumed it was Ryder and then I hadn't even mentioned it to Hunter, because Hunter was not in the office that day and Petrakis finally got ahold of him at home on the phone, I believe, or talked to him later and Hunter didn't even know until this morning.
As I say, then Hunter told me that--it was you, I believe, that told him that there was a witness who could verify that there was such a conversation and he said, "Who is that, what are you talking about?" And he said, "Why didn't you tell me before?" I said I didn't think there would be any problem--I just mentioned it to Martha Jo in passing here one day.
Mr. LIEBELER. You say this morning Schmidt told you he had been over here last night and he had been questioned?
Mr. LEHRER. Yes.
Mr. LIEBELER. Did he tell you the details of his experience last night?
Mr. LEHRER. A little bit.
Mr. LIEBELER. He told you that Mr. Ryder had been in here?
Mr. LEHRER. Yes; that Ryder was here.
Mr. LIEBELER. But in point of fact and indicating for the record, the way the information came most recently to my attention, that you had overheard this, because Mrs. Martha Jo Stroud, an assistant U.S. attorney in this office, told me that you had come over here after we had asked Schmidt to come over and testify.
Mr. LEHRER. Right.
Mr. LIEBELER. And you mentioned to her in passing that you thought probably we wanted Schmidt to come over so we could ask him about this newspaper story that was written in connection with the Irving Sports Shop; isn't that right?
Mr. LEHRER. Well, specifically, when Martha Jo called Hunter and told him that somebody from the Warren Commission wanted to talk to him on a certain day, Hunter came over to me and said, "Somebody from Washington is coming in," and you know, I didn't know that anybody was coming in. You know, you are unannounced on your trips here and this is part of my responsibility to cover Warren Commission people when they come and I try to do it, and I said--we discussed, "Maybe they want to talk to you about this deal, because the FBI had talked to you before," and so the next day when I was down talking to Martha Jo, we were talking about it and I indicated to her this was probably what it was. I told her what it was probably about and I said there was no problem--I was just sitting there and just sitting there very casually.
Mr. LIEBELER. You don't have any doubt in your mind whatsoever that Schmidt actually talked to Ryder that morning, do you?
Mr. LEHRER. No.
Mr. LIEBELER. You are aware of the fact, of course, that Ryder denies talking to this man?
Mr. LEHRER. That's what I understand.
Mr. LIEBELER. And you have no information that would suggest any reason why Ryder would deny this?
Mr. LEHRER. I can't think of any reason unless he denies the information, if he just denies the technicality that he didn't talk to a newspaperman or didn't talk to Schmidt specifically, that's one thing; if he's denying the whole bit, that's conceivable.
Mr. LIEBELER. No; he doesn't deny the whole bit, he just denies that he was the one that gave that story out.
Mr. LEHRER. I see; I don't know what it could be in that.
Mr. LIEBELER. Can you think of any reason why Schmidt might be lying about it?
Mr. LEHRER. No; he had nothing to gain by it. It was just a story, and my goodness, we were working--I mean--there were a multitude of stories and a multitude of checking out and we were deluged just like everybody was with rumors and things of this and that and he would have no reason to write something that wasn't true. The fact is, he didn't even have his name on it, so he didn't have anything to gain by it.
Mr. LIEBELER. All right, thank you very much.
Mr. LEHRER. Thank you.
Mr. LIEBELER. We appreciate your cooperation.
Mr. LEHRER. All right.
AFFIDAVIT OF BARDWELL D. ODUM
The following affidavit was executed by Bardwell D. Odum on July 10, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF TEXAS, _County of Dallas, ss_:
I, Bardwell D. Odum, having first been duly sworn, depose as follows:
I am presently a Special Agent of the Federal Bureau of Investigation, U.S. Department of Justice, and have been employed in such a capacity since June 15, 1942.
On November 23, 1963, while acting officially in my capacity as a Special Agent of the Federal Bureau of Investigation, I obtained a photograph of an unknown individual, furnished to the Federal Bureau of Investigation by the Central Intelligence Agency, and proceeded to the Executive Inn, a motel, at Dallas, Texas, where Marina Oswald was staying.
In view of the source of this picture, and, in order to remove all background data which might possibly have disclosed the location where the picture was taken, I trimmed off the background. The straight cuts made were more quickly done than a complete trimming of the silhouette and I considered them as effective for the desired purpose.
I desired to show this photograph to Marina Oswald in an attempt to identify the individual portrayed in the photograph and to determine if he was an associate of Lee Harvey Oswald.
It was raining and almost dark. I went to the door of Marina Oswald's room and knocked, identifying myself. Marguerite Oswald opened the door slightly and, upon being informed that I wished to speak to Marina Oswald, told me that Marina Oswald was completely exhausted and could not be interviewed. Marguerite Oswald did not admit me to the motel room. I told her I desired to show a photograph to Marina Oswald, and Marguerite Oswald again said that Marina was completely exhausted and could not be interviewed due to that fact. I then showed Marguerite Oswald the photograph in question. She looked at it briefly and stated that she had never seen this individual. I then departed the Executive Inn. The conversation with Marguerite Oswald and the exhibition of the photograph took place while I was standing outside the door to the room and Marguerite Oswald was standing inside with the door slightly ajar.
Attached hereto are two photographic copies of the front and back of a photograph.[G] I have examined these copies and they are exact copies of the photograph of the unknown individual which I showed to Mrs. Marguerite Oswald on November 23, 1963.
Signed this 10th day of July 1964.
(S) Bardwell D. Odum,
BARDWELL D. ODUM.
[G] The photograph referred to in the above affidavit of
Special Agent Bardwell D. Odum appears in the exhibit
volumes as Odum Exhibit No. 1.
AFFIDAVIT OF JAMES R. MALLEY
The following affidavit was executed by James R. Malley on July 14, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
DISTRICT OF COLUMBIA, _ss_:
I, James R. Malley, Inspector, Federal Bureau of Investigation, Department of Justice, being first duly sworn, depose as follows:
In accordance with a request by Mr. Howard P. Willens, a member of the staff of the President's Commission on the Assassination of President Kennedy, I transmitted to the Commission on February 11, 1964, a copy of a photograph of an unidentified man which was made available to the Federal Bureau of Investigation by the Central Intelligence Agency.
Prior to transmitting the aforementioned copy of this photograph to the President's Commission, I used a scissors and trimmed from the photograph all background which surrounded the head, shoulders and arms of the unidentified individual. I did this, inasmuch as the Central Intelligence Agency had previously advised that it had no objection to this Bureau furnishing a copy of this photograph to the President's Commission with all background eliminated.
I have examined a copy of Commission Exhibit 237, which is attached,[H] and it appears such exhibit was made from the copy of the photograph of the unidentified individual which I cropped and transmitted to Mr. Willens on February 11, 1964.
To my knowledge, the identity of the unknown individual depicted in the copy of the photograph which I transmitted to Mr. Willens on February 11, 1964, has not been established.
I have reviewed records of the Federal Bureau of Investigation in this particular matter and such records disclose that a duplicate copy of this same photograph was cropped in a different shape to remove background by Special Agent Bardwell D. Odum of the Dallas Office of the Federal Bureau of Investigation and was then exhibited to Mrs. Marguerite Oswald by Special Agent Odum on November 23, 1963.
Signed this 14th day of July 1964, at Washington, D.C.
(S) James R. Malley,
JAMES R. MALLEY.
[H] The photograph referred to in the above affidavit of
Inspector James R. Malley is identical to Commission
Exhibit No. 237 and appears in the exhibit volumes.
AFFIDAVIT OF RICHARD HELMS
The following affidavit was executed by Richard Helms on August 7, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF VIRGINIA, _County of Fairfax, ss_:
Richard Helms, being duly sworn says:
1. I am the Deputy Director for Plans of the Central Intelligence Agency.
2. I base this affidavit on my personal knowledge of the affairs of the Central Intelligence Agency and on detailed inquiries of those officers and employees within my supervision who would have knowledge about any photographs furnished by that Agency to the Federal Bureau of Investigation.
3. I have personally examined the photograph which has been marked Commission Exhibit No. 237, a copy of which is attached to the affidavit of Inspector James R. Malley, dated July 14, 1964, and the photograph attached to the affidavit of Special Agent Bardwell D. Odum dated July 10, 1964.
4. Those photographs are partial copies of a photograph furnished by the Central Intelligence Agency to the Federal Bureau of Investigation on November 22, 1963. They are referred to as partial only because, on information and belief, Odum and Malley personally trimmed or cropped their copies of the photograph to exclude the background against which the individual portrayed in these photographs is depicted in the original photograph.
5. The figure portrayed in those photographs is the same individual portrayed in the original photograph.
6. The original photograph was taken outside of the continental United States sometime during the period July 1, 1963 to November 23, 1963.
Signed this 7th day of August 1964.
(S) Richard Helms.
RICHARD HELMS.
AFFIDAVIT OF PETER MEGARGEE BROWN
The following affidavit was executed by Peter Megargee Brown on May 13, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF NEW YORK, _County of New York, ss_:
Peter Megargee Brown, being duly sworn, says:
I am a member of the firm of Cadwalader, Wickersham & Taft, counsel for the Community Service Society and am familiar with the papers and records in the possession of the Society relating to Lee Harvey Oswald.
This firm has caused a search of the files of Community Service Society under my supervision which reveals one file entitled "Marguerite Claverie Oswald #219055". The foregoing file is now in the possession of the deponent. To the best of my knowledge this file contains the only papers relating to Lee Harvey Oswald in the possession or control of the Community Service Society. Accordingly under my supervision photostatic copies have been made of this entire file, such copies being attached to this affidavit.
In information and belief the attached photostatic copies[I] are of the entire file and comprise all the papers relating to Lee Harvey Oswald in the possession and control of the Community Service Society or its counsel.
Signed this 13th day of May 1964.
(S) Peter Megargee Brown,
PETER MEGARGEE BROWN.
[I] The attached photostatic copies referred to in the above
affidavit appear in the exhibit volumes as Brown Exhibit
No. 1.
AFFIDAVIT OF GARY TAYLOR
The following affidavit was executed by Gary Taylor on August 4, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF TEXAS, _County of Dallas, ss_:
I, Gary Taylor, 3948 Orlando Court, Apartment 111, Dallas, Tex., being sworn, say:
1. As I testified in my deposition, I went with Lee Harvey Oswald on or about November 4, 1962, to a gasoline service station in Fort Worth, Texas, where Oswald rented a U-Haul trailer which we were to use and did use in transporting Oswald's household goods and paraphernalia from Mrs. Hall's home in Fort Worth to the Oswalds' Elsbeth Street apartment in Dallas.
2. The rental charge for the trailer was about $5.00 and was paid by Oswald. I made the cash deposit to secure the return of the trailer. I returned the trailer that afternoon and picked up the deposit.
Signed this 4th day of August 1964.
(S) Gary E. Taylor,
GARY E. TAYLOR.
AFFIDAVIT OF FRANCIS L. MARTELLO
The following affidavit was executed by Francis L. Martello on July 31, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF LOUISIANA, _Parish of Orleans, ss_:
I, Lt. Francis L. Martello, Police Headquarters, 2700 Tulane Avenue, New Orleans, La., being first duly sworn, depose and say:
1. I am a Lieutenant in the New Orleans Police Department.
2. When a suspect is arrested, an arrest report is filled out. The notations concerning the height and the weight of the suspect are the figures supplied by him.
3. When a suspect is booked, he is fingerprinted, photographed, weighed and measured. Thus, the weight figure on the Bureau of Identification Card would be the result of an actual weigh-in.
Signed this 31st day of July 1964, at New Orleans, La.
(S) Francis L. Martello,
Lieutenant FRANCIS L. MARTELLO.
AFFIDAVIT OF JOHN CORPORON
The following affidavit was executed by John Corporon on July 29, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF LOUISIANA, _Parish of Orleans, ss_:
John Corporon, being duly sworn, says:
1. My name is John Corporon. I am and have been since at least August 1, 1963, head of the news department of WDSU-TV and radio, New Orleans.
2. As such I am familiar with the programs broadcast over both WDSU-TV and WDSU radio.
3. Mr. William Stuckey has never had any TV or radio show known as "Latin American Focus" on that station or, to the best of my knowledge, any other radio or TV station.
4. In August of 1963 Mr. Stuckey had a radio program called "Latin Listening Post" which was broadcast some of the time over WDSU radio.
5. Lee Harvey Oswald appeared briefly on Stuckey's radio program known as "Latin Listening Post" on August 17, 1963.
6. To the best of my knowledge Oswald never appeared on any other TV or radio program in connection with Mr. Stuckey or any other program either over radio or television in the City of New Orleans with the exception of a radio program known as "Conversation Carte Blanche" on which Oswald appeared on August 21, 1963 and on a brief TV news program following the broadcast of "Conversation Carte Blanche" on that date.
Signed this 29th day of July 1964.
(S) John R. Corporon,
JOHN CORPORON.
AFFIDAVIT OF MRS. J. U. ALLEN
The following affidavit was executed by Mrs. J. U. Allen on June 12, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF MISSISSIPPI, _County of Claiborne, ss_:
Mrs. J. U. Allen, Port Gibson, Claiborne County, State of Louisiana, being duly sworn, says:
1. I am secretary of Chamberlain-Hunt Academy, a boys military academy at Port Gibson, Mississippi, and I am in charge and custody of its books and records.
2. I have examined the records and files of Chamberlain-Hunt Academy for the years 1945 through 1948, both inclusive, which are kept in the regular and usual course of business under my supervision. It appears from those records that John Edward Pic and Robert Lee Oswald, half brothers and sons of Marguerite Oswald (and for a portion of the period 1945 through 1948 was Mrs. Edwin A. Ekdahl), entered Chamberlain-Hunt Academy in September 1945, on transfer from Davy Crockett School in Dallas, Texas. They continued as students during the school years 1945-1946, 1946-1947, and 1947-1948. Said records show that John Edward Pic was transferred to Arlington Heights High School, Fort Worth, Texas, in September 1948. The records do not show the school to which Robert Lee Oswald was transferred at the end of the academic year 1947-1948.
3. The Exhibits marked Chamberlain-Hunt Academy Exhibits Nos. 1 to 4[J] are Verifax copies of the records of Chamberlain-Hunt Academy respecting the attendance of John Edward Pic and Robert Lee Oswald as students at said Academy. Said Exhibits were prepared under my personal supervision and direction.
4. Included in the files of Chamberlain-Hunt Academy are various items of correspondence. Chamberlain-Hunt Academy Exhibits Nos. 5 to 15 are true and correct Verifax & Thermofax copies of said items of correspondence. The Verifax copies were prepared under my personal supervision and direction.
Signed this 12th day of June 1964.
(S) Mrs. J. U. Allen,
Mrs. J. U. ALLEN.
[J] Chamberlain-Hunt Academy Exhibits Nos. 1-15 were
subsequently relabeled Allen Exhibits Nos. 1-15,
respectively.
AFFIDAVIT OF LILLIAN MURRET
The following affidavit was executed by Lillian Murret on June 3, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF LOUISIANA, _Parish of Orleans, ss_:
Lillian Murret, being duly sworn, says:
1. Affiant is the sister of Marguerite Claverie Oswald.
2. In the month of May 1945, Marguerite Claverie Oswald sent affiant a snapshot photograph of herself and her husband, Edwin A. Ekdahl, taken on their marriage day, May 5, 1945.
3. Lillian Murret Exhibit No. 1 is the original of the aforesaid snapshot photograph. Affiant recalls the physical appearances of her sister Marguerite Claverie Oswald and of her newly wed husband Edwin A. Ekdahl as of the year 1945. The lady pictured in the snapshot photograph, which is Lillian Murret Exhibit No. 1, is affiant's sister Marguerite Claverie Oswald. The gentleman pictured in the photograph (Lillian Murret Exhibit No. 1) is Edwin A. Ekdahl, the husband of Marguerite Claverie Oswald. The photograph is in each instance an accurate and true photographic representation of Mr. and Mrs. Edwin A. Ekdahl as they looked and appeared in May of 1945.
4. Lillian Murret Exhibit No. 1, when received by affiant in May 1945, bore on the reverse side the inscription or endorsement: "May 5th--Happy Though Married." Affiant is familiar with the handwriting of her sister Marguerite Claverie Oswald. The aforesaid longhand inscription on the reverse side of Lillian Murret Exhibit No. 1 is in the handwriting of affiant's sister Marguerite Claverie Oswald.
5. Lillian Murret Exhibit No. 1 is in the same condition now as it was when received by affiant in May of 1945.
Signed this 3d day of June 1964.
(S) Mrs. Lillian Murret,
LILLIAN MURRET.
AFFIDAVIT OF JOHN W. BURCHAM
The following affidavit was executed by John W. Burcham on June 19, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF TEXAS, _County of Travis, ss_:
I, John W. Burcham, sometimes referred to as Jack W. Bucham, being duly sworn, say:
1. I am a resident of Austin, Texas, and am Chief of Unemployment Insurance of the Texas Employment Commission at Austin, Texas.
2. Burcham Exhibit No. 1, consisting of 63 pages, is a photostatic copy of my report of November 26, 1963, respecting the interstate unemployment compensation claim of Lee Harvey Oswald and of the various claimant payment records and documents described in said report.
3. Burcham Exhibits Nos. 2 and 3 have been personally examined by me. From my knowledge of procedures and operations of the Insurance Department of the Texas Employment Commission, Burcham Exhibit No. 2 appears to me to be the copy of the Form B-12 mailed to L. H. Oswald by the Texas Employment Commission on April 16, 1963, and Burcham Exhibit No. 3 appears to be the document mailed by the Texas Employment Commission along with the final payment mailed to L. H. Oswald notifying him this was his last payment.
Signed this 19th day of June 1964.
(S) John W. Burcham,
JOHN W. BURCHAM.
AFFIDAVIT OF EMMETT CHARLES BARBE, JR.
The following affidavit was executed by Emmett Charles Barbe, Jr., on June 15, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF LOUISIANA, _Parish of Orleans, ss_:
Emmett Charles Barbe, Jr. of New Orleans, La., being duly sworn, says:
1. I am employed by William B. Reily Company, Inc., as Maintenance Foreman. The William B. Reily Company plant is located at 640 Magazine Street, New Orleans, Louisiana. I have been employed by that Company for five years. During the year 1963 I was serving as Maintenance Foreman.
2. William B. Reily Company is engaged in the roasting, grinding, canning, bagging, and sale of coffee. In its roasting, grinding, canning, and bagging operations a great deal of machinery consisting of chains, conveyer belts, motors, blowers, automatic hoppers, grinders, etc., distributed over some five floors of the premises is employed in said operations. Said machinery must be kept well greased and oiled. This work required the full time of one man.
3. Lee Harvey Oswald became employed by William B. Reily Company, Inc. as a greaser and oiler maintenance man on May 10, 1963. His employment terminated on July 19, 1963. During the latter portion of his employment, I served as his immediate supervisor. As his supervisor I was aware of Oswald's performance or lack thereof of his duties.
4. There were occasions from time to time when I was unable to locate Oswald in and about the premises and learned that he was in the habit of absenting himself from the premises without leave and visiting a service station establishment adjacent to the Reily Coffee Company known as Alba's Crescent City Garage. Furthermore, Oswald had become quite indifferent to the performance of his duties. I spoke with him from time to time about his absences and his indifferences, all to no avail. Ultimately I recommended to my superiors that Oswald be discharged. My request was granted and he was discharged on July 19, 1963.
Signed this 15th day of June 1964.
(S) Emmett Charles Barbe, Jr.
EMMETT CHARLES BARBE, Jr.
AFFIDAVIT OF HILDA L. SMITH
The following affidavit was executed by Hilda L. Smith on June 15, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF LOUISIANA, _Parish of Orleans, ss_:
I, Hilda L. Smith, 1205 St. Charles, Apartment 813, New Orleans, La., being first duly sworn, depose and say:
1. That I was employed by the Louisiana Labor Department, Division of Employment Security, Employment Service, and Unemployment Compensation, 630 Camp Street, New Orleans 12, Louisiana, on April 29 and April 30, 1963.
2. I interviewed Lee Harvey Oswald when he applied for his initial Interstate Claim.
3. I recall that when I interviewed him, he was very evasive. He was very abrupt and I considered him unusual. I only saw him this one time since others handled his Continued Interstate Claim.
4. The signature appearing on the attached Interstate Claim, labelled Louisiana Department of Labor Exhibit No. 2 is my signature.[K]
Signed this 15th day of June 1964.
(S) Hilda L. Smith,
HILDA L. SMITH.
[K] Louisiana Department of Labor Exhibit No. 2 was
subsequently relabeled as Smith Exhibit No. 1.
AFFIDAVIT OF J. RACHAL
The following affidavit was executed by J. Rachal on June 22, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF LOUISIANA, _Parish of Orleans, ss_:
J. Rachal, of New Orleans, La., being duly sworn says:
1. My name is J. Rachal. I am now and have for a number of years past been employed by the Louisiana Department of Labor, Division of Employment Security, Professional Unit.
2. In my capacity as Placement Interviewer in the Professional Unit of the Louisiana State Employment Security Division of the Louisiana Department of Labor, I had occasion to become acquainted with one Lee Harvey Oswald. I recall his being in my office and at my desk on April 26, 1963, which was his initial visit.
3. At that time Louisiana Department of Labor Exhibit number 1[L] was filled out, in part by Mr. Oswald and in part by me. Said Exhibit number 1 is the Registration Card so made out by Lee Harvey Oswald and myself, recording Oswald's registration as an unemployed worker who had come from Texas and was seeking employment in New Orleans.
4. The hand-printing, with the exception of the block entitled "Skills, Knowledge, Abilities, and Experience," and the notations in the block entitled "Special information and employment counseling statement," and the letters "RIF" in the upper right-hand corner of the inside face of Exhibit number 1, is that of the applicant, Lee Harvey Oswald. The writing other than that of Lee Harvey Oswald is that of affiant. The signature appearing at the foot of the inside face of Exhibit number 1 is that of affiant. Exhibit number 1 is part of the books and records of the aforesaid Division of Employment Security of the Louisiana Department of Labor, kept in the usual and regular course of business.
5. Exhibit number 1 reflects that Lee Harvey Oswald first called at the Unemployment Division on April 26, 1963, and at that time was interviewed by me and supplied the personal data and prior employment and experience facts recited on Exhibit No. 1.
6. Upon noting that Oswald had listed Photographer as one of his skills, I telephonically contacted the George Reppel Studio, 5220 Elysian Fields, to determine if they needed the services of a photographer. Upon learning that they could employ the services of a photographer, I directed Oswald to report to that company for possible employment, and I recorded that reference on the reverse side of Exhibit number 1. A few days later I recontacted the studio and learned that Oswald had not appeared there.
7. Exhibit number 1 also reflects the fact that on April 29, 1963, Oswald again reported to the Unemployment Compensation Office at 630 Camp Street, which is the claims office, and filed an interstate claim against the State of Texas for unemployment compensation. This was a reactivation of his claim. I had learned from my earlier interview that Oswald had therefore been employed for relatively short periods of time at Fort Worth, Texas, and Dallas, Texas. The letters "RIF" appearing in the upper right-hand corner of Exhibit number 1 are an abbreviation for the words "Reduction in Force." The presence of those letters on Exhibit number 1 means that Oswald advised me that the reason for his termination of employment at Jaggars, Chiles, Stovall of Dallas, Texas, was a reduction in force, a prerequisite to a valid claim for unemployment compensation.
8. I recall that Oswald was neatly dressed with a suit, dress shirt, and tie on the occasion of our initial interview. On July 22, 1963, he was more casually dressed.
9. Oswald returned after the April 29, 1963, visit to our office on July 22, 1963. Between the April 29 and July 22 dates, the application card had been green-lined in the right hand column either because the applicant had not come in in four weeks or his claim had been cancelled or terminated sometime during that period. Sometime subsequent to July 22, 1963, Oswald's application card was again green-lined for one of the two reasons above stated. This application card is marked Exhibit number 1.
10. I recall that Oswald returned some time, either late in July or the forepart of August 1963, seeking employment assistance. In the meantime, the incident involving the Fair Play for Cuba Committee had come to my attention. I had seen Oswald on a television broadcast showing him distributing Fair Play for Cuba handbills. There was reference in the broadcast to his having lived in Russia, marrying a Russian girl, and returning to this country. I discussed the matter with my supervisor, Miss Hope Kristofferson. As a result, it was determined that we should not undertake to furnish employment references for him. This was the last contact I had with Mr. Oswald.
11. Louisiana Department of Labor Exhibit numbers 10 and 11[M] are also records of the Division of Employment Security of the Department of Labor of Louisiana in New Orleans. The forms themselves are identical with Exhibit number 1, and the recorded information is substantially identical with the information set forth in Exhibit number 1. Exhibits numbers 10 and 11 were prepared in another section of my Division and reflect the fact that on May 28, 1963, Oswald was referred to Commerce Pictures Company of New Orleans for possible employment as a developer, and the initials "NR" appearing in green crayon on the reverse side of Exhibit number 10 reflect the fact that Oswald did not report to the Commerce Picture Company. Serial number 259 appearing under the heading "Remarks" on the same line on which the green crayoned letters "NR" appear means that the unemployed person failed to respond and that his unemployment compensation would be delayed one week to make further determination of the applicant's status.
12. Inasmuch as Oswald was an interstate claimant and the libel was against the State of Texas, his weekly appearances for the purposes of keeping his interstate claim alive were furnished to the Texas Employment Commission in Austin, Texas, and they in turn would issue an unemployment check which would be mailed directly to Oswald. Oswald's weekly appearances at our office were recorded on Form 1-B-2.
Signed this 22d day of June 1964.
(S) John Russell Rachal,
J. RACHAL.
[L] Louisiana Department of Labor Exhibit No. 1 was
subsequently relabeled Rachal Exhibit No. 1.
[M] Louisiana Department of Labor Exhibits Nos. 10 and 11
were subsequently relabeled Rachal Exhibits Nos. 2 and 3,
respectively.
AFFIDAVIT OF BOBB HUNLEY
The following affidavit was executed by Bobb Hunley on June 16, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF LOUISIANA, _Parish of Orleans, ss_:
I, Bobb Hunley, employed by the Louisiana Labor Department, Division of Employment Security, Employment Service, and Unemployment Compensation, 630 Camp Street, New Orleans 12, La., being first duly sworn, depose and say:
1. That I recall handling Lee Harvey Oswald's Interstate Claims at the Division of Employment Security office.
2. Generally there is a line of claimants with their IB-2 forms which they have previously filled out. I sign them and fill in blanks four through eight.
3. I recall nothing unusual about Lee Harvey Oswald. He usually wore a T-shirt and light windbreaker.
4. We do not check to see if the claimant has contacted the places listed in item 14 of the IB-2 form. Thus, I have no knowledge of whether Oswald contacted the employers he listed.
5. The signatures appearing on the attached Interstate Claims, labelled as Louisiana Department of Labor Exhibit Nos. 4, 5, 7, 8 and 9, and the Interstate Request for Recommendation of Monetary Determination, Louisiana Department of Labor Exhibit Nos. 3 and 6 are my signatures.[N]
Signed this 16th day of June 1964.
(S) Bobb W. Hunley,
BOBB HUNLEY.
[N] Louisiana Department of Labor Exhibits Nos. 4-9 were
subsequently relabeled Hunley Exhibits Nos. 1-7,
respectively.
AFFIDAVIT OF ROBERT J. CREEL
The following affidavit was executed by Robert J. Creel on June 26, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF LOUISIANA, _Parish of Orleans, ss_:
Robert J. Creel, of New Orleans, La., being duly sworn, says:
1. My name is Robert J. Creel. I am employed by the State of Louisiana, Department of Labor, Division of Employment Security, Employment Service and Unemployment Compensation, 630 Camp Street, New Orleans, Louisiana, and have been so employed since prior to the year 1962.
2. I am familiar with the records and documents maintained by said Division of Employment Security.
3. The several Louisiana Department of Labor Exhibits Nos. 12 through 19,[O] both inclusive, which have been submitted to me and which I have examined are either original or exact copies of records of the State of Louisiana, Department of Labor, Division of Employment Security, Unemployment Insurance Service, maintained by it in the usual and regular course of business. Said exhibits relate to the interstate claim of Lee Harvey Oswald against the State of Texas, and record the investigation and disposition of said claim by the State of Louisiana and the State of Texas.
Signed this 26th day of June, 1964.
(S) Robert J. Creel,
ROBERT J. CREEL.
[O] Louisiana Department of Labor Exhibits Nos. 12-19
were subsequently relabeled Creel Exhibits Nos. 1-8,
respectively.
AFFIDAVIT OF HELEN P. CUNNINGHAM
The following affidavit was executed by Helen P. Cunningham on June 11, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF TEXAS, _County of Dallas, ss_:
Mrs. Helen P. Cunningham, being duly sworn, says:
1. I am in the employ of the Texas Employment Commission as an Employment Counselor. As appears from my deposition I had occasion in my official capacity to counsel with Lee Harvey Oswald. I am familiar with the official books and records of the Texas Employment Commission maintained at its Dallas, Texas, office. Cunningham Exhibit No. 4 is the original copy of the Counseling Record Card which was prepared in the course of and in connection with the counseling service rendered by me.
2. All of the handwriting appearing on both sides of the Counseling Record Card is in my hand and consists of entries made by me at the time I interviewed Lee Harvey Oswald on October 9 and 10, 1962. The entries under the portion of the exhibit entitled "Counselor's Notes" reflect that Oswald was referred on October 10, 1962, for a position at Harrell and Huntington, architects, for a position as messenger at $1.50 an hour, and thereafter to Jaggars Printing for a position as photo-printing trainee at $1.35 an hour. The entry "10-15-62" on the face of the Counseling Record Card reflects the fact that Oswald had obtained employment at Jaggars Printing and that the case was closed successfully.
3. On the face of the card is reflected the fact that Mr. Don Brooks, Counselor in the Industrial Division of the Texas Employment Commission, interviewed Oswald previous to October 9, 10 and 11, 1962.
4. As it appears from the entries in my hand on the reverse side of Cunningham Exhibit No. 4, I recorded the fact that I obtained Oswald's "General Aptitude Test" battery results from the Fort Worth office of the Texas Employment Commission. I concluded after examining the GATB obtained from the Fort Worth office and after interviewing Oswald that because he was in great financial need for immediate employment, that I should classify him for clerical work and I noted on the face of the card the proper clerical code, being 1-X 4.9. I also recorded the fact that on October 11, 1962, Oswald was referred to Jaggars-Chiles-Stovall Printing Company as a photo-print trainee and that Oswald was enthusiastic about the possibility of his being employed. I also recorded the fact that Oswald reported on October 15, 1962, that he had obtained the Jaggars-Chiles-Stovall position and that he was pleased.
5. In my counseling with Oswald and as appears from my entry under the heading "Other Plans" Oswald told me that he hoped to develop through a work-study program at Dallas College or Arlington State qualification for responsible junior executive employment but that this must be delayed because of his and his family's immediate financial needs and responsibilities.
6. The notation "D. Brooks" appearing on the face of Cunningham Exhibit No. 4 refers to Don Brooks, who is identified above; my signature appears to the right of the notation of Mr. Brooks' name. I wrote "D. Brooks" name on the face of Cunningham Exhibit No. 4.
7. Cunningham Exhibits 1-A, 2-A and 3-A are, respectively, originals of Cunningham Exhibits 1, 2 and 3.
8. The green-ink entry on the facing side of Cunningham Exhibit No. 1-A, "10-30-62", means that on that date it was confirmed that Oswald was employed. The succeeding entry being "4-8-63" records the fact that Oswald came to the Commission on that date, seeking employment; he having lost his position with Jaggars-Chiles-Stovall. The succeeding entry "4-12-63" records the fact that Oswald visited the Commission offices in further pursuit of employment. The succeeding entry, which is in green crayon, "5-8-63" when considered with the entry dated "5-3-63" in the referral section of the exhibit, records the fact that on that day Oswald was mailed a call-in card for possible referral to Texas Power and Light Company for a position as meter reader but failed to respond. The next entry on the face of Cunningham Exhibit No. 1-A which is "Ri-10-3-63" records the fact that his case was reactivated as of that date and the final entry "10-17-63" in green crayon records the closing of his case due to his having obtained employment. This entry is related to the final entry in the referral section of Cunningham Exhibit No. 1-A which recites under the heading "Remarks" that at 10:30 a.m. on October 16, 1963, it was ascertained by Robert L. Adams that Oswald had obtained employment.
Signed this 11th day of June 1964.
(S) Helen P. Cunningham,
HELEN P. CUNNINGHAM.
AFFIDAVIT OF THEODORE FRANK GANGL
The following affidavit was executed by Theodore Frank Gangl on June 16, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF TEXAS, _County of Dallas, ss_:
I, Theodore Frank Gangl, 7903 Mohawk Drive, Dallas, Tex., being duly sworn, depose and say:
1. That I am Plant Superintendent for the Padgett Printing Corporation, 1313 North Industrial, Dallas, Texas.
2. On October 4, 1963, I interviewed Lee Harvey Oswald, who had applied for employment in response to an advertisement the Padgett Printing Corporation placed in the local newspaper. We were seeking a typesetter in the composing room.
3. Oswald was well dressed and neat. He made a favorable impression on the foreman of the department to whom I introduced Oswald. Since Oswald had worked in a trade plant I was interested in him as a possible employee.
4. Oswald filled out the application. Padgett Printing Corporation Exhibit No. 1[P] is a photostatic copy of the original application which was filled in during the course of my interview with Oswald. The original application was prepared and maintained among the records of Padgett Printing Corporation in the usual and regular course of its business. The exhibit is a copy of the application as it was when it was completed by me on or about October 4, 1963. It is entirely in Oswald's handwriting except for my initials in the blank, "Interviewed by", the date, the word "over", and the handwriting on the reverse side, all of which are in my handwriting.
5. Oswald said he could be reached at the Irving, Texas, phone number he listed on the application, and he suggested particular periods of the week he would most likely be available to respond to a telephone call.
6. Shortly after the interview, I called Mr. Stovall at Jaggars-Chiles-Stovall, where Oswald had previously worked. Mr. Stovall was not there, so I spoke with somebody who had worked with Oswald there. He implied that Oswald's fellow employees did not like him because he was propagandizing and had been seen reading a foreign newspaper.
7. I later talked with Mr. Robert Stovall, who is a friend of mine, and he said Oswald could not get along there and he could not adapt himself to the type of work assigned to him.
8. As a result of this conversation I wrote the comments that appear on the back of the application and decided that we would not hire him.
9. I called Oswald at the Irving, Texas, telephone number he had written on the application and told him that we had hired somebody with better qualifications.
Signed this 16th day of June 1964.
(S) Theo. F. Gangl,
THEODORE F. GANGL.
[P] Padgett Printing Corp. Exhibit No. 1 was subsequently
relabeled Gangl Exhibit No. 1.
AFFIDAVIT OF GENE GRAVES
The following affidavit was executed by Gene Graves on June 16, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF TEXAS, _County of Tarrent, ss_:
My name is Gene Graves and I am employed as a secretary with the Leslie Welding Co., Inc., 200 E-North Vacek, Fort Worth, Tex.
I certify that the attached copies[Q] of time cards of Lee Harvey Oswald are true and correct.
Signed this 16th day of June 1964.
(S) Gene Graves,
GENE GRAVES.
[Q] These attachments were subsequently relabeled Graves
Exhibit No. 1.
AFFIDAVIT OF ROBERT L. ADAMS
The following affidavit was executed by Robert L. Adams on August 4, 1964.
AFFIDAVIT
PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY
STATE OF TEXAS, _County of Dallas, ss_:
I, Robert L. Adams, being duly sworn, say:
1. I am now, and during all of the year 1963 was an employee of the Texas Employment Commission as an employment interviewer. As appears from my deposition, I had occasion, during the month of October, 1963, to refer Lee Harvey Oswald to several employment opportunities that had come to the attention of the Texas Employment Commission.
2. I am familiar with the official books and records of the Texas Employment Commission maintained at its Dallas, Texas, office. Cunningham Exhibit 1-A is the original of the Texas Employment Commission employment, application, counseling, and referral card or record, familiarly known as an "E-13," respecting Lee Harvey Oswald. It was prepared and maintained in the usual course of the business and services rendered by the Texas Employment Commission. The entries thereon are true and correct.
3. Cunningham Exhibit 1-A is a single-fold card. The last three lines of entries on the lower portion of the inside (when folded) of Cunningham Exhibit 1-A are in my hand. All of those entries were made by me.
4. At the time that my deposition was taken, I did not have before me either Cunningham Exhibit 1-A or a copy or duplicate thereof. However, since that time I have had an opportunity to examine Cunningham Exhibit 1-A. This has served to refresh my recollection of my contacts with Lee Harvey Oswald and the job employment opportunity references which I made for him on October 7, 9, and 15, 1963.
5. As appears from the last three sets of entries in my hand on the lower portion of the inside pages of Cunningham Exhibit 1-A:
(a) On October 7, 1963, the Texas Employment Commission had on hand an order from the Solid State Electronics Company of Texas for a sales clerk at an indicated compensation of $350 per month, for permanent employment, for which they desired the Commission to refer an applicant. On that day I called BL3-1628, which is the telephone number in Irving, Texas, that appears on the face of Cunningham Exhibit 1-A. I was told that Oswald was not in. I left a message with the person who answered, requesting that Mr. Oswald contact me. The entry "Left MSG to call under the column headed "Remarks" is my notation of the fact that I made the telephone call and left the message on October 7, as I have just stated. Oswald contacted me the next day either by telephone or in person in the Commission offices. My present recollection does not serve me to say which. I had in the meantime contacted the prospective employer and discussed with him the matter of Oswald's qualifications for the position they had in mind. As a result of that conversation, I had received authority to send Oswald for an interview. Since I had authority to refer Oswald, I did not call the prospective employer again, but sent Oswald directly. Accordingly, the word "Direct," which I wrote in the column headed "Remarks," records that fact. Later that day I personally checked with Solid State Electronics Company of Texas and was advised that Oswald had followed through on my job reference, had been interviewed, but had not been hired. The initials "NH" that appear under the column headed "Results" mean "Not Hired." I made that entry when I learned that Oswald had responded to the job opportunity but had not been hired.
(b) On October 9, 1963, I referred Oswald on a clerk trainee job opportunity at $1.25 an hour with the Burton-Dixie Company of Dallas. I made this reference directly, that is, while he was in the Texas Employment Commission offices. Later that day I checked with Burton-Dixie Company and learned that Oswald had responded to the reference but had not been hired. The word "Direct" appearing under the column headed "Remarks" is my recording of the fact that I referred Oswald directly to the employer on this order.
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Warren Commission (11 of 26): Hearings Vol. XI (of 15)Chapter XXXV: Part 35
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