c. Whose loyalty to the United States Government is beyond

question, or to whom the provisions of Section 423.1-2(b) apply.[A15-238]

Oswald undoubtedly satisfied the requirements of paragraphs (a) and (b), since he was determined to have been a U.S. citizen at the time the loan was granted and he had been issued a passport to return to the United States. There is a serious question whether he could have qualified under the first clause of paragraph (c). The Commission is of the opinion that in its application of this clause the Department should exercise great care in determining whether an applicant’s loyalty to the U.S. Government is beyond question, particularly in the case of a defector like Oswald who has expressed hostility and disloyalty to our government and manifested a desire to renounce his citizenship. The Department chose instead to exercise its judgment under the second clause of paragraph (c), which refers to section 423.1-2(b). This section provides that loans to destitute nationals are authorized when:

b. The United States national is in or the cause of a situation which is damaging to the prestige of the United States Government or which constitutes a compelling reason for extending assistance to effect his return.[A15-239]

The Department decided that the provisions of section (b) were applicable to Oswald because his “unstable character and prior criticism of the United States” would make his continued presence in the Soviet Union damaging to the prestige of the United States.[A15-240] In acting under this section, the Department was acting within its competence and the law. As required by another section of the regulations, the Department sought to obtain funds for the Oswalds’ repatriation from private sources--his mother and the International Rescue Committee--before using Government funds.[A15-241]

Regulations further provide that repatriation loans are authorized for the alien, wife, and children of the U.S. national receiving a repatriation loan in order to avoid the division of families.[A15-242] However, loans are limited

To the minimum amount required to cover transportation and subsistence while enroute to the nearest continental United States port. * * * When necessary, loans may include: expenses incident to embarkation, such as fees for documentation and minimum subsistence from the date of application for a loan to the date of departure by the first available ship. * * * The cost of transportation shall be limited to third-class passage by ship.[A15-243]

Oswald’s loan was sufficient to cover no more than the least expensive transportation from Moscow to New York. His passport was stamped as valid only for return to the United States.[A15-244] Oswald completed all necessary forms and affidavits to obtain the loan.[A15-245]

According to its own procedures the Department of State should have prepared a lookout card for Oswald in June 1962 when he received the proceeds of the loan.[A15-246] The promissory note which he signed contained a provision stating,

I further understand and agree that after my repatriation I will not be furnished a passport for travel abroad until my obligation to reimburse the Treasurer of the United States is liquidated.[A15-247]

However, a lookout card was never in fact prepared. With respect to this failure the State Department has informed the Commission as follows:

On receipt of notice of the loan from the Embassy in Moscow, the Department’s procedures provided that Miss Leola B. Burkhead of the Revenues and Receipts Branch of the Office of Finance should have notified the Clearance Section in the Passport Office of Oswald’s name, date, and place of birth. If the Passport Office received only the name and not the date and place of birth of a borrower, it would not have prepared a lookout card under its established procedures because of lack of positive identification. (Among the Passport Office’s file of millions of passport applicants, there are, of course, many thousands of identical names.) Mr. Richmond C. Reeley was the Chief of the Revenues and Receipts Branch of the Office of Finance and Mr. Alexander W. Maxwell was Chief of the Clearance Section. If the notice was received in the Clearance Section it would have been delivered to the Carding Desk for preparation of a lookout card on Oswald. It appears, however, that such a lookout card was not prepared. It may have been that the Finance Office did not notify the Clearance Section of Oswald’s loan. One reason for this might have been the Finance Office’s lack of information concerning Oswald’s date and place of birth. On the other hand, the Finance Office may have notified the Clearance Section of Oswald’s name only, in which case this Section would not have prepared a lookout card under its procedures. Since Oswald began repaying the loan in installments immediately after his return to the United States, it is also possible that the Office of Finance decided that it was unnecessary to pursue the matter further. In any event, Oswald’s loan was repaid in full on January 29, 1963, five months prior to his application for a new passport.[A15-248]

OSWALD’S RETURN TO THE UNITED STATES AND REPAYMENT OF HIS LOAN

On June 1, 1962, the some day that Oswald received his loan from the State Department, he and his family left Moscow by train destined for Rotterdam, The Netherlands.[A15-249] They boarded the SS _Maasdam_ at Rotterdam on June 4 and arrived in New York on June 13, 1962.[A15-250] The Embassy sent word of the Oswalds’ departure to the Department of State in Washington on May 31.[A15-251] Consistent with its prior practice of keeping the Federal security agencies informed of Oswald’s activity,[A15-252] the Department notified the FBI.[A15-253]

Frederick J. Wiedersheim, an officer of the Immigration and Naturalization Service in New York, interviewed the Oswalds upon their entry into the United States at Hoboken, N.J., on June 13, 1962, but made no written report. Mr. Wiedersheim recalled that he asked the Oswalds various questions which would determine the eligibility of both Oswald and Marina to enter the United States. The questions included whether Oswald had expatriated himself and whether Marina belonged to any Communist organization which would bar her entry. These questions were answered in ways which did not appear to raise any problems and therefore the Oswalds were admitted.[A15-254]

After his reentry, Oswald repaid his loan without having to be reminded by the Department to do so. The early payments were very small because he first repaid the approximately $200 he had borrowed from his brother Robert to apply against the expenses of his travel from New York to Fort Worth, Tex.[A15-255] The schedule of payments is as follows:

Aug. 13, 1962 $10.00 Sept. 5, 1962 9.71 Oct. 10, 1962 10.00 Nov. 19, 1962 10.00 Dec. 11, 1962 190.00 Jan. 9, 1963 100.00 Jan. 29, 1963 106.00 Total [A15-256]435.71

ISSUANCE OF A PASSPORT IN JUNE 1963

On June 24, 1963, Oswald applied for a U.S. passport at the Passport Office in New Orleans, La.[A15-257] He said he was planning to visit England, France, Holland, U.S.S.R., Finland, Italy, and Poland, and that he intended to leave the country sometime during November or December 1963 by ship from New Orleans.[A15-258] He stated further that he was married to a person born in Russia who was not an American citizen. For occupation, the word “Photographer” was inserted on the application.[A15-259]

On the same day a teletype was sent to Washington containing the names of 25 of the persons who applied for passports on that date in New Orleans, Oswald’s name among them. On the right side of the Washington Passport Office copy of the teletype message, approximately parallel to his name, are the letters, “NO,” written in red pencil.[A15-260] Oswald was issued a passport on June 25, 1963.[A15-261]

Since there was no lookout card on Oswald, the passport was processed routinely. Twenty-four hours is the usual time for routinely granted passports to be issued.[A15-262] The handwritten notation, “NO,” which appeared beside Oswald’s name on the list of applicants from New Orleans, is a symbol for the New Orleans Passport Office that is routinely placed on incoming teletype messages by anyone of a group of persons in the teletype section of the Passport Office.[A15-263] No one looked at Oswald’s file previously established with the Department.[A15-264] The Department, however, has informed the Commission that at the time the passport was issued there was no information in its passport or security files which would have permitted it to deny a passport to Oswald.[A15-265] No lookout card should have been in the file based upon the Moscow Embassy’s memorandum of March 28, 1960, which drew attention to Oswald’s intention to expatriate himself, because the subsequent determination that Oswald had not expatriated himself would remove expatriation as a possible ground for denying him a passport.[A15-266] And by January 29, 1963, the repatriation loan had been repaid, so a lookout card should not have been in the file on that basis.[A15-267]

* * * * *

Oswald was entitled to receive a passport in 1963 unless he came within one of the two statutory provisions authorizing the Secretary of State to refuse to issue it.[A15-268] Section 6 of the Subversive Activities Control Act of 1950, which has recently been declared unconstitutional,[A15-269] then provided:

* * * it shall be unlawful for any member of [an organization required to register], with knowledge or notice that such organization is so registered and that such order has become final--(1) to make application for passport, or the renewal of a passport, to be issued or renewed by or under the authority of the United States; or (2) to use or attempt to use any such passport.[A15-270]

Pursuant to section 6, the State Department promulgated a regulation which denied passports to

* * * any individual who the issuing officer knows or has reason to believe is a member of a Communist Organization registered or required to be registered under Section 7 of the Subversive Activities Control Act of 1950 as amended.[A15-271]

Since there is no evidence that Lee Harvey Oswald was a member of the American Communist Party or any other organization which had been required to register under section 7 of the Subversive Activities Control Act,[A15-272] a passport could not have been denied him under section 6.

Section 215 of the Immigration and Nationality Act provides that, while a Presidential proclamation of national emergency is in force,

* * * it shall, except as otherwise provided by the President, * * * be unlawful for any citizen of the United States to depart from or enter * * * the United States unless he bears a valid passport.[A15-273]

Because a proclamation of national emergency issued by President Truman during the Korean war had not been revoked by 1963, the Government has taken the position that the statute remains in force.[A15-274] Pursuant to section 215, the State Department has issued regulations setting forth the circumstances under which it will refuse a passport:

In order to promote and safeguard the interests of the United States, passport facilities, except for direct and immediate return to the United States, shall be refused to a person when it appears to the satisfaction of the Secretary of State that the person’s activity abroad would: (a) violate the laws of the United States; (b) be prejudicial to the orderly conduct of foreign relations; or (c) otherwise be prejudicial to the interests of the United States.[A15-275]

The State Department takes the position that its authority under this regulation is severely limited. In a report submitted to the Commission, the Department concluded that “there were no grounds consonant with the passport regulations to take adverse passport action against Oswald prior to November 22, 1963.”[A15-276] Although Oswald’s statement in 1959 that he would furnish the Russians with information he had obtained in the Marine Corps may have indicated that he would disclose classified information if he possessed any such information, there was no indication in 1963 that he had any valuable information.[A15-277] Moreover, Oswald’s 1959 statement had been brought to the attention of the Department of the Navy[A15-278] and the FBI[A15-279] and neither organization had initiated criminal proceedings. The Department therefore had no basis for concluding that Oswald’s 1959 statement was anything more than rash talk.[A15-280] And the State Department’s files contained no other information which might reasonably have led it to expect that Oswald would violate the laws of the United States when he went abroad.

The most likely ground for denying Oswald a passport in 1963, however, was provided by subsection (c) of the regulation quoted above, which requires the denial of a passport when the Secretary of State is satisfied that the applicant’s “activity abroad would * * * otherwise be prejudicial to the interests of the United States.” In 1957 the State Department described to the Senate Foreign Relations Committee one category of persons to whom it denied passports under this provision:

Persons whose previous conduct abroad has been such as to bring discredit on the United States and cause difficulty for other Americans (gave bad checks, left unpaid debts, had difficulties with police, etc.).[A15-281]

In light of the adverse publicity caused the United States by Oswald’s prior defection to the Soviet Union, he could have been considered a person “whose previous conduct abroad had been such as to bring discredit on the United States.” Indeed, the State Department itself had previously been of the opinion that Oswald’s continued presence in Russia was damaging to the prestige of the United States because of his unstable character and prior criticisms of the United States.[A15-282]

However, in 1958 the Supreme Court had decided two cases which restricted the Secretary of State’s authority to deny passports. In _Kent_ v. _Dulles_[A15-283] and _Dayton_ v. _Dulles_,[A15-284] the Supreme Court invalidated a State Department regulation permitting the denial of passports to Communists and to those “who are going abroad to engage in activities which will advance the Communist movement for the purpose, knowingly and willfully of advancing that movement,” on the ground that the regulation exceeded the authority Congress had granted the Secretary. The _Kent_ opinion stressed the importance to be attached to an individual’s ability to travel beyond the borders of the United States:

The right to travel is a part of the “liberty” of which the citizen cannot be deprived without due process of law under the Fifth Amendment * * * Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, may be necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.[A15-285]

The _Kent_ opinion also suggested that grounds relating to citizenship and allegiance to illegal conduct might be the only two upon which the Department could validly deny a passport application.

The Department, though publicly declaring that these decisions had little effect upon its broadly worded regulation,[A15-286] in practice denied passports only in limited situations. In 1963 the Department denied passports only to those who violated the Department’s travel restrictions, to fugitives from justice, to those involved in using passports fraudulently, and to those engaged in illegal activity abroad or in conduct directly affecting our relations with a particular country.[A15-287] Passports were granted to people who the Department might have anticipated would go abroad to denounce the United States, and to a prior defector.[A15-288] State Department officials believed that in view of the Supreme Court decisions, the Department was not empowered to deny anyone a passport on grounds related to freedom of speech or to political association and beliefs.[A15-289]

Since Oswald’s citizenship was not in question and since there was no indication that he would be involved in illegal activity abroad, the only grounds upon which a passport might have been denied Oswald would have fallen within the area of speech or political belief and association. The Commission therefore concludes that the Department was justified in granting a passport to Oswald on June 25, 1963.

VISIT TO THE RUSSIAN EMBASSY IN MEXICO CITY

In October 1963, the Passport Office of the State Department received a report from the Central Intelligence Agency that Oswald had visited the Soviet Embassy in Mexico City.[A15-290] The report said nothing about Oswald’s having visited the Cuban Embassy in Mexico City, a fact which was not known until after the assassination. Upon receipt of the information the passport file on Lee Harvey Oswald was reviewed by the Passport Office.[A15-291] The CIA communication and the passport file were read by an attorney and a supervisory attorney in that office who found no basis for revoking Oswald’s passport or for notifying the FBI or CIA that Oswald had been issued a new passport in June 1963.[A15-292] The Department has informed the Commission that, “since the report indicated no grounds for determining Oswald was ineligible for a passport, a determination was made that no action by the passport office was required.”[A15-293] Travel to Russia was not proscribed in 1963. Moreover, the Soviet Union was one of the countries Oswald had listed on his passport application. Hence, the Commission agrees that Oswald’s taking steps to enter the Soviet Union in 1963 was not a sufficient reason to revoke his passport.

Later, on November 14, 1963, the FBI sent the Department a report on Oswald’s arrest in New Orleans, La. during August in connection with a fistfight in which he became engaged when passing out pamphlets entitled “Hands Off Cuba.” No action was taken on the basis of the Bureau’s report.[A15-294] The Commission agrees that this incident was not grounds for revoking Oswald’s passport.

CONCLUSION

Investigation of Oswald’s complete dealings with the Department of State and the Immigration and Naturalization Service reveals no irregularity suggesting any illegal actions or impropriety on the part of government officials. The Commission believes, however, that in applying its own regulations the Department should in all cases exercise great care in the return to this country of defectors such as Oswald who have evidenced disloyalty or hostility to this country or who have expressed a desire to renounce their U.S. citizenship and that, when such persons are returned, procedures should be adopted for the better dissemination of information concerning them to the intelligence agencies of the Government. The operation of the “lookout card” system in the Department of State was obviously deficient, but since these deficiencies did not affect Oswald or reflect any favoritism or impropriety, the Commission considers them beyond the scope of its inquiry.

Especially while he was in the Soviet Union, Oswald’s manner to Government personnel was frequently insulting and offensive. As one 1962 communication between the Embassy and the Department of State observed, “It is not that our hearts are breaking for Oswald. His impertinence knows no bounds.”[A15-295] Nonetheless, the officials of the U.S. Government respected Oswald as a troubled American citizen and extended to him the services and assistance for which the agencies of government have been created. Though Oswald was known to be “an unstable character, whose actions are highly unpredictable,”[A15-296] there was no reasonable basis in 1961 and 1962 for suspecting that upon his readmittance to the country he would resort to violence against its public officials. The officers of the Department of State and the Immigration and Naturalization Service, acting within the proper limits of their discretion, concluded that Oswald’s return to the United States was in the best interests of the country; it is only from the vantage of the present that the tragic irony of their conclusion emerges.

APPENDIX XVI

A Biography of Jack Ruby

In this appendix the Commission presents a biography of Jack Ruby. Although criminal proceedings involving its subject are pending in the State of Texas, the Commission has decided to include this rather detailed account of Ruby’s life and activities for several reasons. Most importantly, the Commission believes it will permit a better evaluation of the evidence on the question whether Ruby was involved in any conspiracy. Furthermore, the Commission believes that in view of the many rumors concerning Ruby the public interest will be served by an account which attempts to give sufficient material to provide an impression of his character and background. The Commission’s desire not to interfere in the pending proceedings involving Ruby necessarily limits the scope of this appendix, which does not purport to discuss the legal issues raised during Ruby’s trial or his possible motive for shooting Oswald.

FAMILY BACKGROUND

Jack Ruby, born Jacob Rubenstein, was the fifth of his parents’ eight living children. There is much confusion about his exact birth date. School records report it as June 23, April 25,[A16-1] March 13, and, possibly, March 3, 1911.[A16-2] Other early official records list his date of birth as April 21 and April 26, 1911.[A16-3] During his adult life the date Ruby used most frequently was March 25, 1911.[A16-4] His driver’s license, seized following his arrest, and his statements to the FBI on November 24, 1963, listed this date.[A16-5] However, the police arrest report for November 24 gave his birth date as March 19, 1911.[A16-6] Since the recording of births was not required in Chicago prior to 1915, Ruby’s birth may never have been officially recorded.[A16-7] No substantial conflict exists, however, about whether Jack Ruby was born in 1911.[A16-8]

Ruby has one older brother and three older sisters. The oldest children, Hyman and Ann, were born shortly after the turn of the century,[A16-9] before their parents arrived in the United States.[A16-10] The other children were born in Chicago. Ruby’s sister Marion was born in June 1906[A16-11] and his sister Eva in March 1909.[A16-12] Ruby also has two younger brothers and a younger sister. Sam was born in December 1912,[A16-13] Earl in April 1915.[A16-14] The youngest child, Eileen, was born in July 1917.[A16-15] At least one and possibly two other children died during infancy.[A16-16]

Jack Ruby’s father, Joseph Rubenstein, was born in 1871 in Sokolov, a small town near Warsaw, Poland, then under the rule of Czarist Russia.[A16-17] He entered the Russian artillery in 1893.[A16-18] There he learned the carpentry trade, which had been practiced by his father and at least one brother[A16-19] and he picked up the habit of excessive drinking that was to plague him for the rest of his life.[A16-20] While in the army,[A16-21] he married Jack’s mother, Fannie Turek Rutkowski;[A16-22] the marriage was arranged, as was customary, by a professional matchmaker.[A16-23] According to his oldest son, Joseph Rubenstein served in China, Korea, and Siberia, detesting these places and army life. Eventually, in 1898, he simply “walked away” from it and about 4 years later he went to England and Canada, entering the United States in 1903.[A16-24]

Settling in Chicago, Joseph Rubenstein joined the carpenters union in 1904 and remained a member until his death in 1958.[A16-25] Although he worked fairly steadily until 1928, he was unemployed during the last 30 years of his life.[A16-26] The only other group which Joseph Rubenstein joined consisted of fellow immigrants from Sokolov. His daughter Eva described this group as purely social and completely nonpolitical.[A16-27]

Jack Ruby’s mother, Fannie Rubenstein, was probably born in 1875 near Warsaw, Poland.[A16-28] She followed her husband to the United States in 1904 or 1905, accompanied by her children Hyman and Ann.[A16-29] An illiterate woman, she went to night school in about 1920 to learn how to sign her name.[A16-30] She apparently failed in this endeavor, however, for an alien registration form, filed after about 35 years in the United States, was signed by an “X”.[A16-31] Although she apparently learned some English, her speech was predominantly Yiddish, the primary language of the Rubenstein household.[A16-32] Still, Mrs. Rubenstein felt strongly that her children required an education in order to better themselves. She frequently argued about this with her husband, who had received little, if any, formal education and firmly believed that grammar school training was sufficient for his children.[A16-33]

CHILDHOOD AND YOUTH (1911-33)

In 1911, when Jack Ruby was born, his family resided near 14th and Newberry Streets in Chicago, the first in a series of Jewish neighborhoods in which the Rubensteins lived during his childhood.[A16-34] In 1916, the Rubensteins lived at 1232 Morgan Street, where they apparently remained until 1921.[A16-35] This was the fourth residence in the first 5 years of Jack Ruby’s life.[A16-36] Earl Ruby described one typical neighborhood in which the family lived as a “ghetto” with “pushcarts on the streets.”[A16-37] His sister Eva characterized it as “below the middle class but yet it wasn’t the poorest class.”[A16-38] The family generally lived near Italian sections, where there were frequent fights along ethnic lines.[A16-39]

The Rubenstein home was marked by constant strife and the parents were reported to have occasionally struck each other.[A16-40] Between 1915 and 1921, Joseph Rubenstein was frequently arrested because of disorderly conduct and assault and battery charges, some filed by his wife.[A16-41] In the spring of 1921, Jack Ruby’s parents separated.[A16-42] In 1937 Mrs. Rubenstein reported that she had desired a divorce 15 years earlier, but her husband had been opposed to it.[A16-43] The predominant causes of the separation were apparently Joseph Rubenstein’s excessive drinking and Fannie Rubenstein’s uncontrollable temper. She resented her numerous pregnancies, believed her husband to be unfaithful, and nagged him because he failed to make enough money.[A16-44]

Psychiatric Report

Young Jack soon showed the effects of parental discord. On June 6, 1922, at the age of 11, he was referred to the Institute for Juvenile Research by the Jewish Social Service Bureau. The reason for the referral was “truancy and incorrigible at home.”[A16-45] On July 10, 1922, the institute recommended to the bureau that Jack be placed in a new environment where his characteristics might be understood and where he might be afforded the supervision and recreation that would end his interest in street gangs.[A16-46] In March 1923, the institute advised the bureau that “placement in a home, where intelligent supervision and discipline can be given” was appropriate.[A16-47]

The institute’s psychiatric examination, which served as a basis for these recommendations, took place in 1922, prior to the advent of many techniques and theories of modern psychiatry,[A16-48] but it is the most objective evidence of Jack Ruby’s childhood character. According to the psychiatric report, Jack was “quick tempered” and “disobedient.”[A16-49] He frequently disagreed openly with his mother, whom he considered an inferior person with whose rules he did not have to comply.[A16-50] Jack told the institute’s interviewer that he ran away from home because his mother lied to him and beat him.[A16-51] Although Mrs. Rubenstein was severe with her children, she was described as totally incapable of coping with them “because of their delinquencies, i.e., principally their destructive tendencies and disregard for other people’s property.”[A16-52] His mother’s “extreme temperament” and quarrelsomeness were cited as possible causes of Jack’s “bad behavior.”[A16-53]

Self-administered questionnaires revealed that Jack felt his classmates were “picking” on him and that he could not get along with his friends.[A16-54] They also indicated that, although Jack described himself as a good ballplayer, he did not belong to any clubs and was not a member of any athletic teams.[A16-55] Jack’s psychiatric interviewer reported:

He could give no other good reason for running away from school except that he went to amusement parks. He has some sex knowledge and is greatly interested in sex matters. He stated that the boys in the street tell him about these things. He also claims that he can lick everyone and anybody in anything he wants to do.[A16-56]

The interviewer noted that during “mental tests” he reacted quickly, often carelessly, and his attention was apt to wander so that he had to be reprimanded.[A16-57]

A letter recommending the boy’s placement in a more wholesome environment stated:

He is egocentric and expects much attention, but is unable to get it as there are many children at home. His behavior is further colored by his early sex experiences, his great interest [in sex] and the gang situation in the street. From a superficial examination of his mother who was here with him, it is apparent that she has no insight into his problem, and she is thoroughly inadequate in the further training of this boy.[A16-58]

Recognizing that the sketchiness of the case record precluded complete diagnosis, Dr. Raymond E. Robertson, currently the superintendent of the institute, reported nonetheless that it seems “firmly established * * * [that] his unstable and disorganized home could not provide Jack with the necessary controls and discipline.”[A16-59]

Placement in Foster Homes

On July 10, 1923, a dependency hearing involving Jack, his younger brothers Sam and Earl, and his sister Eileen, was held in Chicago’s juvenile court.[A16-60] The petition alleged that the children were not receiving proper parental care. They had, until then, been in their mother’s custody, living on Roosevelt Road, the border between Jewish and Italian districts.[A16-61] The juvenile court made a finding of dependency. It appointed the Jewish Home Finding Society guardian with the right to place the children in foster homes, and it ordered Joseph Rubenstein to pay the court clerk $4 per week for the support of each child. On November 24, 1924, this order was vacated, which apparently signified the termination of the guardianship and the return of the children to their mother. On April 8, 1925, the case was continued “generally,” meaning that it was inactive but could be reactivated if the court so desired.[A16-62]

Despite court records, the exact circumstances and length of time that Jack Ruby lived away from home are not entirely clear. Records indicate that Jack, Sam, Earl, and Eileen Rubenstein were wards of the Jewish Home Finding Society “for a short time in 1922-23.”[A16-63] However, Jack and Eileen stated they spent about 4 or 5 years in foster homes.[A16-64] Earl testified that he and Sam were originally sent to a private foster home and then lived on a farm for a little more than a year, while Jack was on a different farm “some distance away.” Subsequently the three brothers lived together in another foster home.[A16-65]

Subsequent Home Life

When Jack Ruby returned to his family, the unit was still disordered. His father remained apart from the children at least until 1936 and perhaps until a few years later.[A16-66] Mrs. Rubenstein’s inability to manage her home, which had been reported by the Institute for Juvenile Research in 1922, apparently continued. For example, in 1937 Marion Rubenstein observed that her mother “has never been any kind of a housekeeper, was careless with money, and never took much interest in the children’s welfare * * * she was selfish, jealous, disagreeable, and never cared to do anything in the home but lie around and sleep.”[A16-67] Dr. Hyman I. Rubenstein, the son of Joseph Rubenstein’s brother, recalled that Jack Ruby’s mother ran “an irregular household” and appeared to be “a rather disturbed person of poor personal appearance with no incentive for cleaning or cooking.”[A16-68]

Mrs. Rubenstein’s domestic shortcomings were accompanied by symptoms of mental disease. In about 1913, 2 years after Jack was born, Mrs. Rubenstein began to develop a delusion that a sticking sensation in her throat was caused by a lodged fishbone.[A16-69] Each month Hyman, her oldest child, took her to a clinic. And each month the examining doctor, finding no organic cause for discomfort, informed her that there was nothing in her throat and that the sensation was but a figment of her imagination. According to Hyman, this practice continued for a number of years until Mrs. Rubenstein tired of it.[A16-70]

In 1927, Mrs. Rubenstein once again began to visit clinics in connection with her fishbone delusion. Three years later, a thyroidectomy was performed, but she subsequently said it did nothing to relieve her discomfort.[A16-71] According to the Michael Reese Hospital, whose clinic she had visited since 1927, Mrs. Rubenstein was suffering from psychoneurosis with marked anxiety state.

By order of the county court of Cook County, Mrs. Rubenstein was committed to Elgin State Hospital on July 16, 1937.[A16-72] She was paroled on October 17, 1937, 3 months after her commitment.[A16-73] On January 3, 1938, the Chicago State Hospital informed Elgin State that the family desired that she be readmitted to the mental hospital. The family reported that she was uncooperative, caused constant discord, was very noisy, and used obscene language.[A16-74] A State social worker observed that Mrs. Rubenstein refused ever to leave the house, explaining that her children would have thrown her things out had she left. Mrs. Rubenstein rebuffed a suggestion by the social worker that she help with the dishes by stating that she would do nothing as long as her “worthless” husband was in the house.[A16-75] She was readmitted on January 14, 1938.[A16-76]

Mrs. Rubenstein was again paroled on May 27, 1938, and was discharged as “improved” on August 25, 1938.[A16-77] She stayed in an apartment with Marion, and her separation from the rest of the family apparently ended most of the difficulties.[A16-78] Subsequently, Jack Ruby’s parents were apparently reconciled, since their alien registration forms, filed in late 1940, indicated that they both resided at Marion’s address.[A16-79]

Fannie Rubenstein was admitted to Michael Reese Hospital on April 4, 1944, as a result of a heart ailment. Her condition was complicated by an attack of pneumonia and she died at the hospital on April 11, 1944.[A16-80] Hyman testified that, perhaps because she favored the education of her children and they recognized her difficulties in rearing them during a turbulent marriage, they all remembered Mrs. Rubenstein with warmth and affection.[A16-81] The evidence also indicates that Jack, notwithstanding his earlier attitudes, became especially fond of his mother.[A16-82] Following his wife’s death, Joseph Rubenstein stayed with the children in Chicago, where he died at the age of 87, on December 24, 1958.[A16-83]

Education

Records provided by the Chicago Board of Education revealed that Jack Ruby attended Smyth Grammar School from October 24, 1916, through the 1920-21 term, completing kindergarten to grade 4B.[A16-84] He repeated the third grade.[A16-85] During the 1921-22 school year Jack finished the fourth grade at the Clarke School; he attended Schley School for the 1924-25 term, when he completed the sixth grade. Ruby’s relationship with the Institute for Juvenile Research and the Jewish Home Finding Society may explain the lack of academic records for the 1922-23 and 1923-24 school years. While there is some uncertainty about Ruby’s education subsequent to September 1925,[A16-86] it seems likely that he completed the eighth grade in 1927, when he was 16. Although Jack Ruby and others have stated that he attended at least 1 year of high school,[A16-87] the Chicago Board of Education could not locate any record of Ruby’s attending Chicago high schools.[A16-88] Considering the absence of academic records and Jack’s apathetic attitude toward school,[A16-89] the Commission deems it unlikely that his education extended into high school.

Records of the Institute for Juvenile Research revealed that, as of June 1922, Ruby had no religious education outside the public school system.[A16-90] However, according to their children, Jack’s parents made some effort to inculcate in them a desire to adhere to the tenets of Orthodox Judaism. Jewish dietary and festival laws were observed and several of the children accompanied Joseph Rubenstein to the synagogue.[A16-91] Earl Ruby stated that all the boys received some Hebrew school training until the breakup of the Rubenstein home in 1921.[A16-92] However, Hyman Rubenstein testified that the instability and economic necessities of the household and the children’s relationships outside the home frustrated the religious efforts of Ruby’s parents.[A16-93]

Activities

Born in a home that disintegrated when he was 10 and boasting no substantial educational background, Jack Ruby early found himself on Chicago streets attempting to provide for himself and other members of his family. An avid sports fan, he, together with many of his friends, “scalped” tickets to various sporting events.[A16-94] He also sold numerous novelty items and knickknacks, particularly those connected with professional and collegiate athletics. Even in his youth, Ruby declined to work on a steady basis for someone else.[A16-95]

According to his brother Hyman, Jack Ruby’s only legal difficulty as a youth resulted from an altercation with a policeman about ticket scalping. Hyman, then active in local politics, was able to have charges arising out of the incident dropped.[A16-96] Ruby has indicated that during the depression he served a short jail sentence for the unauthorized sale of copyrighted sheet music.[A16-97]

The only other member of the Rubenstein family who appears to have had any difficulty with the law while a youth was Hyman. On May 1, 1916, Chicago’s juvenile court declared Hyman incorrigible, a term covering a wide range of misbehavior. Because of the absence of informative court records and the lapse of time, the misconduct that occasioned this proceeding could not be ascertained, but Hyman is not known to have encountered subsequent difficulty.[A16-98] Some of Ruby’s childhood friends eventually became criminals;[A16-99] however, Hyman Rubenstein, his sister Mrs. Eva Grant, and virtually all of Ruby’s friends and acquaintances who were questioned reported that he was not involved with Chicago’s criminal element.[A16-100]

The evidence indicates that young Jack was not interested in political affairs.[A16-101] Hyman was the only Rubenstein to participate actively in politics. Sponsored by various political officials, he became a sidewalk inspector and warehouse investigator for 8 years. On one occasion, he obtained a permit for Jack to sell novelties from a pushcart located in a business district during the pre-Christmas buying rush. Eventually the complaints of enraged businessmen led licensing authorities to declare that a mistake had been made and to revoke Ruby’s permit.[A16-102]

Temperament

The evidence reveals striking differences of opinion among childhood friends and acquaintances of Jack Ruby about whether he possessed violent tendencies. Many persons stated that he was mild mannered, quiet, and even tempered.[A16-103] Former welterweight champion Barney Ross, whom Jack Ruby idolized from the inception of his boxing career,[A16-104] stated that Ruby was “well behaved,” was never a troublemaker, and was never involved with law-enforcement agencies.[A16-105] Another friend, who became a successful businessman on the west coast, said that, as a youth, Ruby never started fights even though he was adept with his fists.[A16-106] Other friends declared that he would, if at all possible, avoid clashes.[A16-107]

But many other friends and acquaintances recalled that he had a hot temper and was quickly moved to violent acts or words.[A16-108] One friend explained that in the “tough” Chicago neighborhood where they lived, self-defense was vitally important and added that Ruby was fully capable of defending himself.[A16-109] Another friend described Ruby as quick tempered and, though unlikely to pick fights, willing to accept any challenge without regard to the odds against him.[A16-110] Young Jack also interfered in fights, particularly when the person he was aiding appeared to be taking a severe beating or in a disadvantageous position.[A16-111] Others reported that he had the reputation of being a good street brawler.[A16-112] One school friend recalled that when Jack argued vehemently about sports, he occasionally used a stick or other available weapon. He reported, however, that after Ruby’s anger subsided, he reverted to his normal, likable character.[A16-113]

From early childhood, Jack Ruby was called “Sparky” by those who knew him.[A16-114] According to his sister Eva Grant, the nickname derived from the way Jack wobbled when he walked. He was thought to resemble the slow-moving horse called “Sparky” or “Sparkplug” depicted in a contemporary comic strip. Mrs. Grant testified that her brother became incensed when called “Sparky” and that from the time he was about 8 years old he would strike anyone calling him by that name.[A16-115] A childhood friend also recalled that Jack hated the nickname and would fight when called by it.[A16-116] Mrs. Grant was unsure whether the nickname “Sparky” did not also result from his quick reaction to the taunts of young friends.[A16-117] Hyman Rubenstein thought that the nickname derived from Jack’s speed, aggressiveness, and quick thinking. The many accounts of Ruby’s lightninglike temper lend credence to the theory, widely held, that his nickname was connected with his volatility.[A16-118]

YOUNG MANHOOD (1933-43)

San Francisco (1933-37)

Jack Ruby reported that in about 1933, he and several Chicago friends went to Los Angeles and, shortly thereafter, to San Francisco.[A16-119] Although there is evidence that he stayed there until 1938, 1939, or 1940,[A16-120] Ruby stated that he returned to Chicago in about 1937,[A16-121] and this appears to have been the case.[A16-122] Eva Grant testified that Ruby went to the west coast because he believed employment would be available there.[A16-123]

Eva, who married Hyman Magid in Chicago in 1930,[A16-124] was divorced in early 1934, and in about June of that year joined her brother Jack in San Francisco. She and her son, Ronald, shared an apartment with him. In 1936, Eva married Frank Granovsky, also known as Frank Grant, in San Francisco, and Ruby shared a four-room apartment with them and Ronald for a short while.[A16-125]

Occupations and Activities

Ruby stated that when he and his friends arrived in Los Angeles, they sold a handicapper’s tip sheet for horseraces at Santa Anita racetrack which had just opened.[A16-126] Eva Grant testified that Ruby also worked as a singing waiter in Los Angeles, but made very little money.[A16-127]

When the group moved to San Francisco, Ruby continued to sell “tip” sheets at Bay Meadows racetrack.[A16-128] Subsequently, he became a door-to-door salesman of subscriptions to San Francisco newspapers.[A16-129] Although there is some evidence that he ultimately became chief of his crew and had several people working under him,[A16-130] other reports indicate that this is unlikely.[A16-131] Eva Grant testified that she also sold newspaper subscriptions but was less proficient than her brother and relied upon him for advice and support.[A16-132]

Although virtually all his San Francisco acquaintances knew Jack Ruby as “Sparky,”[A16-133] there is no evidence that he engaged in violent activities in San Francisco or was reputed to possess a vicious temper. One friend, who stated that he resided with Ruby and Eva for about a year, described him as a “well-mannered, likable individual who was soft spoken and meticulous in his dress and appearance.”[A16-134] Another friend described him as a “clean-cut, honest kid,”[A16-135] and the manager of a crew with which Ruby worked stated that he had a good reputation and appeared to be an “honest, forthright person.” The crew manager reported that Ruby associated with a sports crowd, some of whose members were involved with professional boxing, but not with criminals. He added that Ruby had a personal liking for law enforcement and would have wanted to become a police officer had he been larger physically.[A16-136]

One friend reported that although Ruby always associated with Jewish people, he never exhibited great interest in religion.[A16-137] Ruby met Virginia Belasco, granddaughter of the prominent playwright and actor, David Belasco, in about 1936 at a dance at the Jewish community center in San Francisco. Miss Belasco stated that while a teenager she saw Ruby socially on several occasions between 1936 and 1941.[A16-138] The only other evidence concerning Ruby’s social activities while in San Francisco is his statement to his long-time girl friend, Alice Nichols of Dallas,[A16-139] that while in San Francisco he met the only other woman, Virginia Fitzgerald or Fitzsimmons, that he ever considered marrying.[A16-140]

Chicago (1937-43)

Jack Ruby stated that following his return to Chicago, he was unemployed for a considerable period.[A16-141] However, when his mother was admitted to Elgin State Hospital in 1937,[A16-142] she reported that he was employed as a “traveling salesman” apparently living away from home.[A16-143] Although there is conflicting evidence about his ability to earn a comfortable living,[A16-144] he apparently was able to maintain a normal existence[A16-145] and required no financial assistance from his family or friends. He continued to be a so-called “hustler,” scalping tickets and buying watches and other small items for resale at discount prices.[A16-146] One of his closest Chicago friends stated that Ruby’s sales and promotions were “shady” but “legitimate.”[A16-147]

_Labor union activities._--Ruby reported that in “about 1937” he became active in Local 20467 of the Scrap Iron and Junk Handlers Union.[A16-148] At this time, his friend, attorney Leon Cooke, was the local’s financial secretary.[A16-149] Records provided by the Social Security Administration indicate that Ruby was employed by the union from late 1937 until early 1940;[A16-150] he worked as a union organizer and negotiated with employers on its behalf.[A16-151]

On December 8, 1939, the union’s president, John Martin, shot Cooke, who died of gunshot wounds on January 5, 1940; Martin was subsequently acquitted on the ground of self-defense.[A16-152] Although a Jack Rubenstein is mentioned in the minutes of a union meeting on February 2, 1940,[A16-153] and Ruby is reported to have said after Cooke’s death that he wanted to “take over” the union,[A16-154] the evidence indicates that Ruby was so upset by Cooke’s death that he was unable to devote himself further to union activities and left its employ.[A16-155] Ruby reported that after Cooke’s death he adopted the middle name “Leon,” which he used only infrequently, in memory of his friend.[A16-156]

Since Ruby was the ultimate source of all but one of these accounts,[A16-157] other descriptions of Ruby’s separation from the union cannot with certainty be deemed inaccurate. These reports indicated that Ruby might have been forced out of the union by a criminal group, or might have left because he lacked the emotional stability necessary for sucessful labor negotiations[A16-159] or because he felt he was not earning enough money with the union.[A16-160]

Although the AFL-CIO investigated the ethical practices of local 20467 in 1956, placed the local in trusteeship, and suspended Paul Dorfman, who succeeded Martin and Cooke, there is no evidence that Ruby’s union activities were connected with Chicago’s criminal element.[A16-161] Several longtime members of the union reported that it had a good reputation when Ruby was affiliated with it[A16-162] and employers who negotiated with it have given no indication that it had criminal connections.[A16-163]

_Subsequent employment._--In 1941, Ruby and Harry Epstein organized the Spartan Novelty Co., a small firm that sold in various northeastern States small cedar chests containing candy and gambling devices known as punchboards.[A16-164] Earl Ruby and two of Jack Ruby’s friends, Martin Gimpel and Martin Shargol, were also associated in this venture. The group had no fixed addresses, living in hotels.[A16-165]

Late in 1941, Jack Ruby returned to Chicago, where he continued his punchboard business through the mails.[A16-166] Following the December 7, 1941, attack on Pearl Harbor, he and several friends decided to design and sell plaques commemorating the Day of Infamy. However, the venture was impeded by Ruby’s perfectionistic approach to details of design which resulted in numerous production delays.[A16-167] By the time Ruby’s copyrighted plaque [A16-168] was finally ready for sale, the market was flooded with similar items.[A16-169] At about this time, Ruby also sold busts of Franklin Delano Roosevelt.[A16-170] In late 1942 and 1943, Ruby was employed by the Globe Auto Glass Co.[A16-171] and Universal Sales Co.[A16-172]

Although one of Ruby’s acquaintances at this time described him as a cuckoo nut on the subject of patriotism,[A16-173] the evidence does not indicate that Ruby’s promotion of “Remember Pearl Harbor” plaques and Roosevelt busts was motivated by patriotic or political considerations. Rather, the sale of these items was, to Ruby, just another commercial venture, but he might also have considered these sales “a good thing.”[A16-174] Numerous friends reported that Ruby had no interest in political affairs during this period,[A16-175] although he greatly admired President Roosevelt.[A16-176]

_Other activities._--The evidence indicates that Ruby led a normal social life during these years. Virginia Belasco stated that while Ruby was selling punchboards in New York during November 1941, he entertained her each weekend.[A16-177] Other reports indicate that Ruby fancied himself a “ladies’ man,” enjoyed dancing, almost always had female accompaniment and was “very gentlemanly” with women.[A16-178]

Ruby, with several friends, frequently attempted to disrupt rallies of the German-American Bund.[A16-179] One acquaintance reported that Ruby was responsible for “cracking a few heads” of Bund members.[A16-180] Apparently he joined in this activity for ethnic rather than political reasons. The young men in the group were not organized adherents of any particular political creed, but were poolhall and tavern companions from Ruby’s Jewish neighborhood who gathered on the spur of the moment to present opposition when they learned that the pro-Nazi and anti-Semitic Bund movement was planning a meeting.[A16-181] Hyman Rubenstein testified that Ruby would fight with any person making derogatory comments about his ethnic origins, and others have stated that Ruby would fight with anyone he suspected of pro-Nazi or anti-Semitic tendencies.[A16-182]

During this period Ruby, though temperamental, apparently engaged in no unusual acts of violence. However, he did interfere on several occasions when he thought someone was treated unfairly. A friend who described Ruby as “somewhat overbearing regarding the rights and feelings of others,” reported that Ruby fought two college students who insulted a Negro piano player.[A16-183] Another friend reported that Ruby had a “bitter” fight with a man who was abusing an older woman.[A16-184]

Maintaining his friendship with Barney Ross, and still an ardent sports fan, Ruby associated with various figures in the boxing world and regularly attended the fights at Marigold Gardens.[A16-185] He frequented the Lawndale Poolroom and Restaurant, a rallying point for the anti-Bundists and chief “hangout” of many of Ruby’s friends.[A16-186] In addition, Ruby, described as a “health nut”[A16-187] who earnestly contended that he could hit harder than Joe Louis,[A16-188] exercised at several athletic clubs.[A16-189]

Despite Ruby’s participation in “shady” financial enterprises, his association with a labor union subsequently disciplined by the AFL-CIO, his participation in violent anti-Bund activities, and his connection with a poolroom, the evidence falls short of demonstrating that Ruby was significantly affiliated with organized crime in Chicago. Virtually all of Ruby’s Chicago friends stated he had no close connection with organized crime.[A16-190] In addition, unreliable as their reports may be, several known Chicago criminals have denied any such liaison.[A16-191] The Commission finds it difficult to attach credence to a newspaper reporter’s contrary statement that his undisclosed “syndicate sources” revealed Ruby was connected with organized crime and confidence games.[A16-192] Ruby was unquestionably familiar, if not friendly, with some Chicago criminals,[A16-193] but there is no evidence that he ever participated in organized criminal activity.

MILITARY ACTIVITIES (1943-46)

In September 1941, Jack Ruby was apparently classified 1-A[A16-194] and declared eligible for the draft. Subsequently he appeared before a local board and was reclassified 1-H or 3-A.[A16-195] Between August 31, 1941, and November 19, 1942, when it was abolished, the 1-H classification applied to registrants who had reached their 28th birthday and were, therefore, no longer liable for service.[A16-196] The 3-A deferment applies to persons whose entry into military service presents financial hardship to dependents. Because of the length of time involved and the destruction of local draft board records, Ruby’s precise status or the reason for his deferment could not be ascertained.[A16-197] According to one somewhat unreliable report, Ruby, immediately prior to his physical examination, feigned a hearing disability and occasionally wore a hearing aid.[A16-198] Hyman Rubenstein, who testified that Jack was deferred because of economic hardship since he was “the only one home,” specifically denied the truthfulness of this allegation.[A16-199] Early in 1943, Ruby was again classified 1-A, and, following an unsuccessful appearance before his appeal board, he was inducted into the U.S. Army Air Forces on May 21, 1943.[A16-200] Jack was the last of the Rubenstein brothers to enter the service. Previously, Earl had enlisted in the Navy, Sam was in Army Air Force Intelligence and Hyman was in the field artillery.[A16-201]

Except for 5 weeks in Farmingdale, N.Y., Ruby spent his military days at various airbases in the South.[A16-202] He received the basic training given all recruits and advanced training as an aircraft mechanic.[A16-203] On August 2, 1943, he passed marksmanship tests with the .30 caliber carbine and the .45 caliber submachinegun, but failed with the .30 caliber rifle. On February 10, 1944, he earned a sharpshooter’s rating for his firing of an M1 .30 caliber carbine. His character and efficiency ratings, when determined, were excellent.[A16-204] After attaining the rank of private first class and receiving the good conduct medal, Ruby was honorably discharged on February 21, 1946.[A16-205]

Two persons who recalled Ruby while he was in the Army Air Forces asserted that he was extremely sensitive to insulting remarks about Jews.[A16-206] When, during an argument, a sergeant called Ruby a “Jew bastard,” Ruby reportedly attacked him and beat him with his fists.[A16-207]

There is conflicting evidence about the zeal with which Ruby performed his military duties. One associate indicated that Ruby, who at 34 was the oldest in his group, always worked harder than the others to prove that he could keep up with them.[A16-208] Another recalled, by contrast, that Ruby had “no liking for work” and carefully avoided situations requiring him to dirty his hands.[A16-209] However, there is no basis in the record for the inference that Ruby was in any way anti-American.

Ruby frequently expressed to some fellow soldiers his high regard for Franklin Delano Roosevelt.[A16-210] Two independent sources reported that he cried openly when informed of Roosevelt’s death in April 1945.[A16-211] This did not indicate any sudden political interest, however, since none of his known military associates reported such an interest, and Ruby’s admiration for President Roosevelt anteceded his military days.[A16-212]

While in service, Ruby is reported to have continued his promotional ventures. One person recalled that in 1944, Jack received punchboards and chocolates from someone in Chicago and peddled these items through the base to make extra money. This person also indicated that Ruby enjoyed card and dice games in or near the barracks.[A16-213]

POSTWAR CHICAGO (1946-47)

Following his discharge from the Army Air Forces in February 1946, Jack Ruby returned to Chicago. He joined his three brothers, who had previously been discharged from the service,[A16-214] in the Earl Products Co. Earl Ruby testified that he was the sole investor in the enterprise, but each brother received an equal ownership interest on his return from the service.[A16-215] The company manufactured and sold small cedar chests and distributed punchboards.[A16-216] In addition, it made aluminum salt and pepper shakers, key chains, bottle openers, screwdrivers, and small hammers.[A16-217] Sam supervised the manufacturing end of the business, while Earl managed the office and advertising.[A16-218] Jack was in charge of sales, but the company was small and he had no subordinates.[A16-219]

Because insufficient profits led to frequent arguments, Hyman soon left Earl Products.[A16-220] Jack, who stayed with the company through most of 1947, had many disputes with his brothers because he insisted on selling the products of other companies, such as costume jewelry, and he did not like traveling outside the Chicago area. Earl and Sam finally purchased Jack’s interest, paying him more than $14,000 in cash.[A16-221]

Although there is some evidence to the contrary,[A16-222] it is unlikely that Ruby was in the nightclub business in Chicago during the postwar period. Many who have reported this may have mistaken him for Harry Rubenstein,[A16-223] who was convicted of manslaughter and operated several such establishments.[A16-224] None of Jack Ruby’s close friends or relatives indicated that he was in the nightclub business.

Following his return from the Army, Ruby was described as ready to fight with any person who insulted Jews or the military.[A16-225] Earl Ruby testified that on one occasion in 1946, Jack returned from downtown Chicago with his suit covered with blood. He explained at that time that he had fought with a person who had called him a “dirty Jew or something like that.”[A16-226]

Other evidence indicates that Ruby’s personality was not substantially changed by his military experience. One person who met him in 1947, reported that Ruby was a “fashionable” dresser.[A16-227] He continued to be described as soft spoken,[A16-228] although he was also known as hot-tempered.[A16-229] Ruby worked out regularly at an athletic club,[A16-230] and one friend regarded him as a “Romeo,” who was quite successful in attracting young women.[A16-231]

DALLAS (1947-63)

The Move to Dallas

During World War II, Ruby’s sister, Eva Grant, visited Dallas.[A16-232] Having operated a restaurant on the west coast and considering it a lucrative business, she arranged, near the end of 1945, to lease a building under construction in Dallas, which she ran as a nightclub.[A16-233] Part of the financing for this establishment, the Singapore Supper Club, was provided by her brothers. Jack Ruby, who apparently obtained the money from Earl Products, sent $1,100 as a downpayment on the lease, Earl contributed about $1,500, and Hyman paid for more than $2,000 worth of equipment.[A16-234]

Before she opened the Singapore in 1947, Eva Grant engaged in the sale of metal products.[A16-235] In that year she met Paul Roland Jones, who allegedly was seeking customers for iron pipe and whom she referred to Hyman Rubenstein.[A16-236] Jones had, at about that time, been convicted of attempting to bribe the newly elected sheriff of Dallas.[A16-237] On October 24, 1947, he was arrested for violating Federal narcotics statutes.[A16-238] Jack Ruby had visited Dallas early in 1947 to help Eva Grant manage the Singapore,[A16-239] and 5 days after Jones’ arrest, Jack and Hyman Rubenstein were interrogated in Chicago by agents of the Bureau of Narcotics.[A16-240] The brothers admitted knowing Jones but denied awareness of his connection with narcotics. During the 2 years in which Jones was appealing his conviction he and other criminals frequented the Singapore Club, then operated by Jack Ruby.[A16-241]

Intensive investigation to determine whether Jack Ruby was criminally or otherwise connected with Jones’ narcotics violation leads the Commission to conclude Ruby probably was not involved.[A16-242] A search of the files of the Bureau of Narcotics disclosed no record that either Hyman or Jack had been prosecuted by Federal authorities in 1947.[A16-243] Jack, Hyman, and Eva denied participating in any narcotics activities. Jones and his coconspirators also denied that Jack was a participant.[A16-244] One of Jones’ confederates reported after the shooting of Oswald that although Jones “propositioned” the two brothers concerning narcotics, they refused to participate.[A16-245] Moreover, when one of the conspirators was arrested with 48 pounds of raw opium in his possession, he implicated Jones and another person, both of whom were convicted, but he did not implicate Jack Ruby or his brother.[A16-246]

Late in 1947, Ruby established permanent residence in Dallas.[A16-247] Shortly after shooting Oswald, Ruby stated that he returned to Dallas at Eva Grant’s request, to help her operate the Singapore Supper Club.[A16-248] However, on December 21, 1963, he reported that although association with his sister had been the purpose of his initial visit to Dallas, he returned there because of the failure of his “merchandising deals” in Chicago.[A16-249] These factors, in conjunction with his separation from Earl Products,[A16-250] probably motivated Ruby’s move to Dallas.

A different reason has been given by Steve Guthrie, former sheriff of Dallas. Guthrie reported that shortly after his election as sheriff in July 1946, Paul Roland Jones, representing other Chicago criminals, offered him a substantial amount of money to permit them to move in and manage illegal activities in Dallas. Although he never met Ruby, Guthrie asserted that these criminals frequently mentioned that Ruby would operate a “fabulous” restaurant as a front for gambling activities.[A16-251]

Despite its source, the Commission finds it difficult to accept this report. A member of the Dallas Police Department, Lt. George E. Butler, who was present during virtually all the conversations between Guthrie and Jones and who performed considerable investigative work on the case, stated that Ruby was not involved in the bribery attempt and that he had not heard of Ruby until the investigation and trial of Jones had been completed. He explained that Ruby’s connection with the case stemmed from the fact that, as mentioned previously, Jones and other criminals frequented the Singapore Supper Club.[A16-252] And 22 recordings of the conversations between Guthrie, Butler, and Jones not only fail to mention Ruby, but indicate that Jones was to bring from outside the Dallas area only one confederate, who was not to be Jewish.[A16-253]

The Change of Name

Sometime in 1947, Jack Ruby’s brothers Earl and Sam, pursuant to a joint understanding, legally changed their names from Rubenstein to Ruby.[A16-254] Earl testified that he changed his name because everyone called him Ruby and because a former employer advised him that it was preferable not to use a “Jewish name” on mail orders for Earl Products.[A16-255]

On December 30, 1947, Jack changed his name to Jack L. Ruby by securing a decree from the 68th Judicial District Court of Dallas. His petition alleged that he sought the change because the name Rubenstein was misunderstood and too long and because he was “well known” as Jack L. Ruby.[A16-256] The Bureau of Narcotics report of his relationship with Paul Roland Jones indicates that as of October 29, 1947, Jack was known as Ruby;[A16-257] however, several persons in Dallas knew him as Rubenstein.[A16-258]

Nightclub Operations

Except for a brief period in about 1953, when Ruby managed the Ervay Theater, a motion picture house,[A16-259] the operation of nightclubs and dancehalls was his primary source of income, and his basic interest in life during the 16 years he spent in Dallas prior to shooting Lee Oswald. When Ruby first arrived in Dallas in 1947, he and Eva Grant jointly managed the Singapore Supper Club.[A16-260] Shortly thereafter, she returned to the west coast. Except for sporadic trips to Dallas, she remained there until 1959, leaving Ruby a power of attorney.[A16-261] Ruby, who had received $14,000 from the sale of his interest in Earl Products,[A16-262] invested a substantial amount in the club, which Mrs. Grant described as “too nice a club for that part of town.”[A16-263] Ruby changed the Singapore’s name to the Silver Spur Club. It was operated primarily as a dancehall, serving beer to its patrons.[A16-264] In about 1952, Ruby borrowed $3,700 from a friend, Ralph Paul, to purchase the Bob Wills Ranch House[A16-265] with Martin Gimpel, a former associate in the Spartan Novelty Co.[A16-266] The Ranch House was run as a western-type nightclub.[A16-267]

With two establishments to run, Ruby experienced substantial financial reversals in 1952. He abandoned his interest in the Ranch House and, on July 1, 1952, transferred the Silver Spur to Gimpel and Willie Epstein, who assumed some of its debts.[A16-268] Disappointed by these setbacks, Ruby stated that he had a “mental breakdown,” and “hibernated” in the Cotton Bowl Hotel in Dallas for 3 or 4 months, declining to see his friends.[A16-269] Still depressed, he then returned to Chicago, apparently intending to remain there permanently.[A16-270] However, he stayed only 6 weeks. Gimpel and Epstein were anxious to be rid of the Silver Spur and Ruby once again became its owner.[A16-271]

In 1953, Ruby obtained an interest in the Vegas Club, which he operated with Joe Bonds until September 1953.[A16-272] At that time he informed Irving Alkana, who had retained a prior ownership interest, that he was unable to meet his obligations with respect to the club. Alkana then assumed management of the Vegas until June 19, 1954, when, following numerous disagreements with him, he sold Ruby his interest.[A16-273]

Ruby still owned the Vegas Club at the time of his arrest on November 24, 1963. However, when Eva Grant returned from San Francisco in 1959, she assumed management of the club, receiving a salary but no ownership interest.[A16-274] The Vegas, which occasionally featured striptease acts,[A16-275] employed a dance band and served beer, wine, soft drinks, and some prepared foods.[A16-276]

In 1954, Ruby’s Vegas associate, Joe Bonds, was convicted of sodomy and sent to a Texas penitentiary to serve an 8-year sentence.[A16-277] In 1955, Ruby sold the Silver Spur to Roscoe “Rocky” Robinson; however, Robinson could not obtain a license to operate the club and it was subsequently closed.[A16-278] For a few months during this period, Ruby also operated Hernando’s Hideaway, but this venture proved unsuccessful.[A16-279]

Sam Ruby testified that shortly after he sold his interest in Earl Products in mid-1955 and moved to Dallas, he loaned Jack $5,500 to enable him to pay Federal excise taxes on the Vegas. As security for the loan, Sam required Jack to execute a bill of sale of the Vegas. Upon Jack’s default in payment, Sam instituted suit, claiming that he owned the Vegas and that Jack had breached his promise to repurchase it. The case was ultimately settled, with Jack retaining his ownership interest in the club.[A16-280]

In late 1959, Jack Ruby became a partner of Joe Slatin in establishing the Sovereign Club, a private club that was apparently permitted by Texas law to sell liquor to members.[A16-281] Since Slatin was troubled about Dallas news stories describing police raids on a private club that permitted gambling, he felt he needed more capital.[A16-282] Ruby invested about $6,000 which he borrowed from his brother Earl and perhaps some of his own money.[A16-283]

The Sovereign was described as a “plush” and exclusive club, and Ruby was apparently very anxious to attract a wealthy “carriage” trade.[A16-284] The venture was not successful, however. The two men could not work together, and Slatin withdrew in early 1960.[A16-285] Ruby turned for new capital to Ralph Paul,[A16-286] who had operated a Dallas club with Joe Bonds.[A16-287] Ruby still owed Paul $1,200 of the $3,700 loan made in connection with the Bob Wills Ranch House, but Paul advanced him another $2,200, which allowed him to pay the Sovereign’s rent for 4 months. Subsequently, Ruby spontaneously gave Paul a stock certificate representing 50 percent of the equity of the corporation owning the club. Ruby told Paul that if the venture failed, the Sovereign’s fixtures and other physical property would belong to Paul.[A16-288]

Experiencing difficulty in recruiting sufficient members, Ruby soon found himself again unable to pay the Sovereign’s monthly rent of $550. Again he turned to Paul, who loaned him $1,650 on the condition that he change the club’s method of operation. Paul insisted that Ruby discontinue club memberships, even though this would prevent the sale of liquor, and offer striptease shows as a substitute attraction. Ruby agreed, and the Sovereign’s name was changed to the Carousel Club.[A16-289] It became one of three downtown Dallas burlesque clubs[A16-290] and served champagne, beer, “setups” and pizza, its only food.[A16-291] The Carousel generally employed four strippers, a master of ceremonies, an assistant manager, a band, three or four waitresses, and a porter or handyman.[A16-292] Net receipts averaged about $5,000 per month,[A16-293] most of which was allocated to the club’s payroll.[A16-294] Late in 1963, Ruby began to distribute “permanent passes” to the Carousel;[A16-295] however, the cards were apparently designed solely for publicity and did not affect the club’s legal status.

Employee Relationships

Ruby’s employees displayed a wide range of personal reactions to him. Those associated with Ruby long enough to grow accustomed to his violent temper and constant threats of discharge generally portray him sympathetically.[A16-296] They reported he was genuinely interested in their welfare and happiness. In addition, many former employees stated that he was a pleasant or unobjectionable employer.[A16-297]

There is also considerable evidence that Ruby tended to dominate his employees, frequently resorted to violence in dealing with them, publicly embarrassed them,[A16-298] sometimes attempted to cheat them of their pay,[A16-299] and delayed paying their salaries.[A16-300] Other employees reported Ruby continually harassed his help,[A16-301] and used obscene language in their presence.[A16-302] However he frequently apologized, sought to atone for his many temper tantrums,[A16-303] and completely forgot others.[A16-304]

One of the many violent incidents that were reported took place in 1950, when Ruby struck an employee over the head with a blackjack.[A16-305] In 1951, after his guitarist, Willis Dickerson, told Ruby to “go to hell,” Ruby knocked Dickerson to the ground, then pinned him to a wall and kicked him in the groin. During the scuffle, Dickerson bit Ruby’s finger so badly that the top half of Ruby’s left index finger was amputated.[A16-306] In approximately 1955, Ruby beat one of his musicians with brass knuckles; the musician’s mouth required numerous stitches.[A16-307]

During 1960, Ruby and two entertainers, Breck Wall and Joe Peterson, entered into an agreement that the performers would produce and star in a revue at the Sovereign in exchange for a 50-percent interest in the club.[A16-308] After performing for 2 months, the entertainers complained that they had received neither a share of the profits nor evidence of their proprietary interest. Ruby responded by hitting Peterson in the mouth, knocking out a tooth. The two men left the Sovereign’s employ, but they subsequently accepted Ruby’s apology and resumed their friendship with him.[A16-309]

In September 1962, Frank Ferraro, the Carousel’s handyman, became involved in a dispute at a nearby bar. Ruby told him not to get into a fight, and Ferraro told Ruby to mind his own business. Ruby then followed Ferraro to another club and beat him severely. Ferraro required emergency hospital treatment for his eye, but he decided not to press charges since Ruby paid for his hospital care.[A16-310] In March 1963, during an argument about wages, Ruby threatened to throw a cigarette girl down the stairs of the Carousel.[A16-311]

Ruby’s relationship with his employees commanded much of his attention during the months preceding the assassination. The Carousel’s comparatively high turnover rate[A16-312] and Ruby’s intense desire to succeed[A16-313] required him to meet numerous prospective employees, patrons, and other persons who might help improve his business.

Ruby frequently encountered difficulties with the American Guild of Variety Artists (AGVA), the union which represented Carousel entertainers.[A16-314] For several years, starting in about 1961, he unsuccessfully sought modification of AGVA’s policy permitting “amateur” strippers,[A16-315] inexperienced girls paid less than union-scale wages,[A16-316] to perform at union houses. Ruby apparently believed his two competitors, the Weinstein brothers, were scheduling amateur shows in a manner calculated to destroy his business.[A16-317] Ruby’s discontent with AGVA grew particularly acute during the late summer and early fall of 1963 when, in addition to meeting with AGVA officials,[A16-318] he called upon several acquaintances, including known criminals, who, he thought, could influence AGVA on his behalf.[A16-319] Other problems with AGVA arose because of his policy of continuous shows, which did not give masters of ceremonies enough time off,[A16-320] and his alleged use of AGVA members to mingle with patrons to promote the consumption of liquor.[A16-321]

In June 1963, Ruby visited New Orleans, where he obtained the services of a stripper known as “Jada,”[A16-322] who became his featured performer.[A16-323] Jada and Ruby had numerous contract disputes and he was concerned about her high salary, recurrent absenteeism, and diminishing drawing power.[A16-324] Moreover, he thought that Jada had deliberately exceeded even the Carousel’s liberal standards of decency in order to cause him to lose his license or to obtain publicity for herself.[A16-325] On several occasions Ruby excitedly turned off the spotlights during her act, and at the end of October 1963, he fired her.[A16-326] However, after Jada sued out a peace bond, she apparently recovered a week’s salary from Ruby.[A16-327]

In addition to problems with its star stripper, the Carousel was required to employ three masters of ceremonies in rapid succession following the departure in about September 1963, of Wally Weston, who worked there about 15 months.[A16-328] And in early November, the band that had played at the Vegas Club for about 8 years left the Vegas to accept the offer of another Dallas club.[A16-329]

Financial Data and Tax Problems

Jack Ruby’s pockets and the trunk of his car served as his bank. With a few exceptions, Ruby and his clubs rarely employed bank accounts.[A16-330] Instead, Ruby carried his cash with him, paying the bulk of his expenses and debts directly out of club receipts.[A16-331]

During the latter half of 1963, the Carousel, the Vegas, and Ruby each maintained checking accounts at the Merchants State Bank in Dallas. Balances of the latter two accounts never exceeded $275. In July 1963, the Carousel’s account had more than $500; after August 8, its maximum balance was less than $300. Between May 31 and November 24, 1963, 53 checks were drawn on the three accounts; with the exception of one check for $129.47, all were for less than $100.[A16-332] He generally purchased cashier’s checks at the Merchants State Bank to pay his monthly rental of $550 for the Carousel and $500 for the Vegas.[A16-333] He also purchased cashier’s checks during the 3 months prior to the assassination to pay about $1,500 to the Texas State treasurer, $110 to Temple Shearith Israel, apparently for Jewish high holy day tickets, and $60 to the American Society of Authors and Publishers.[A16-334]

Records of the more than 50 banking institutions checked during the investigation of Ruby’s financial affairs[A16-335] revealed that he had three other dormant accounts, all with small balances.[A16-336] Two safety deposit boxes belonging to Ruby, opened by Texas officials pursuant to search warrants, were empty and unused for more than a year prior to the assassination.[A16-337] Although Ruby negotiated several loans at the Merchants State Bank,[A16-338] there is no evidence that he was the maker or co-maker of other loans,[A16-339] and, after investigation, the Dallas Police Department found no record that Ruby cosigned the note of any policeman at any time.[A16-340]

Ruby’s financial records were chaotic. One accountant abandoned efforts to prepare income tax returns and other financial statements because of the hopeless disarray of Ruby’s data.[A16-341] The record indicates that Ruby was frequently weeks, if not months, late in filing Federal tax forms and that he held numerous conferences with Internal Revenue agents who attempted to obtain the delinquent statements.[A16-342]

Ruby encountered serious difficulties with respect to State franchise and Federal excise and income taxes. The Texas charter of the corporation controlling the Sovereign and Carousel clubs was canceled in 1961, because Ruby failed to pay Texas franchise taxes.[A16-343] And, only after numerous conferences, did Ruby and representatives of the Internal Revenue Service reach agreements on installment payments of various Federal tax liabilities, to which Ruby more or less adhered.[A16-344]

Ruby’s primary difficulty concerned Federal excise taxes. Advised by an attorney that the Vegas Club, a dance hall providing food, was not subject to Federal excise taxes because it was not a “cabaret,” Ruby charged Vegas patrons on the assumption that no excise taxes were due. However, his attorney reported, when Federal courts ruled that dance halls providing “incidental” food were subject to excise taxes as “cabarets,”[A16-345] Ruby became liable to the Federal Government for more than 6 years of taxes, amounting, with interest, to almost exactly $40,000.[A16-346]

Ruby also fell behind on his personal income tax payments. At the time of his arrest he owed more than $4,400 for 1959 and 1960.[A16-347] Remittances accompanied his 1961 and 1962 tax forms, the latter received by the office of the Dallas District Director on September 18, 1963.[A16-348] The following table summarizes amounts which Ruby reported as gross and net income from the Vegas Club from 1956 to 1962; and the taxes due:[A16-349]

_Year_ _Gross income_ _Net income_ _Tax_ 1962 $41,462.77 $5,619.65 [F]$1,217.75 1961 40,411.00 6,255.29 [F] 1,200.00 1960 44,482.41 9,703.90 2,221.39 1959 50,981.95 14,060.86 3,778.17 1958 37,755.65 3,274.64 586.52 1957 33,671.60 2,619.52 438.41 1956 30,695.27 7,437.01 1,527.10

[F] Estimated

On his income tax forms, Ruby did not itemize personal deductions and claimed only his own exemption. For 1962, Ruby reported salary income of $650 from the corporation controlling the Carousel, and $900 for 1961.[A16-350]

Ruby and officers of the Internal Revenue Service frequently discussed methods of satisfying his large excise and income tax liability.[A16-351] In 1960, the Government filed tax liens for more than $20,000.[A16-352] In November 1962, the Government rejected Ruby’s offer to pay $8,000 to compromise the assessed taxes of more than $20,000 because he had not filed returns for other Federal taxes and had not paid these taxes as they became due. These other taxes, for the period September 1959 through June 1962, amounted to an additional $20,000.[A16-353] In June 1963, Ruby submitted an offer of $3,000 to compromise all past assessments; the offer was not acted upon prior to November 24, 1963.[A16-354]

Other Business Ventures

In addition to nightclub management and ownership, Ruby participated in numerous other commercial ventures. He was able to do so primarily because work at the clubs consumed few of his daytime hours. Many of Ruby’s ventures related to show business, others were somewhat speculative promotions; almost all ended unsuccessfully.

While operating the Silver Spur Club, Ruby sold costume jewelry at discount rates,[A16-355] and, in about 1951, he sold sewing machine attachments at the Texas State Fair.[A16-356] Approximately a year later, he managed a talented young Negro boy, “Little Daddy” Nelson. The boy appeared at the Silver Spur, the Vegas Club, and the Bob Wills Ranch House. In about 1953 or 1954, Ruby took “Little Daddy” and his parents to Chicago to obtain a television appearance for him. However, shortly after their arrival, Ruby was confronted by a second woman claiming to be “Little Daddy’s” mother. Upon advice of counsel, Ruby decided to abandon the venture.[A16-357]

In 1954, Ruby became interested in the sale of pizza crusts to Dallas restaurants.[A16-358] He is also reported to have sold an arthritic preparation[A16-359] and to have manufactured and sold “Miniron,” a liquid vitamin formula.[A16-360] In about 1958 or 1959, Ruby attempted to build and sell log cabins at a Texas lake resort.[A16-361] In early 1959, he investigated the possibility of selling jeeps to Cuba.[A16-362] He is also reported to have furnished entertainment for a Dallas hotel,[A16-363] to have promoted records for musicians[A16-364] and to have sold English stainless steel razor blades.[A16-365]

In October 1963 Ruby assisted the producers of a carnival show, “How Hollywood Makes Movies,” appearing at the Texas State Fair.[A16-366] At about this time Ruby also sought to open a new club in Dallas. He conferred with numerous persons and placed advertisements in Dallas newspapers in an attempt to obtain financial backing.[A16-367] Assuming that he would be occupied by the new club, Ruby offered his oldest brother, Hyman, a managerial post at the Carousel. However, Hyman, who had recently lost his sales territory, declined the offer because he felt he was too old for the nightclub business.[A16-368]

Ruby unsuccessfully attempted to sell “twistboards,” an exercising device consisting of two square fiberboards separated by ball bearings. Despite the contrary advice of his brother Earl,[A16-369] Jack ordered several dozen twistboards and had 2,000 promotional flyers published.[A16-370] He had one of his strippers demonstrate the twistboards at the Texas Products Show during the first week of November 1963.[A16-371]

Arrests and Violations

Between 1949 and November 24, 1963, Ruby was arrested eight times by the Dallas Police Department. The dates, charges, and dispositions of these arrests are as follows:[A16-372] February 4, 1949, Ruby paid a $10 fine for disturbing the peace. July 26, 1953, Ruby was suspected of carrying a concealed weapon; however, no charges were filed and Ruby was released on the same day. May 1, 1954, Ruby was arrested for allegedly carrying a concealed weapon and violating a peace bond; again no charges were filed and Ruby was released on the same day. December 5, 1954, Ruby was arrested for allegedly violating State liquor laws by selling liquor after hours; the complaint was dismissed on February 8, 1955.[A16-373] June 21, 1959, Ruby was arrested for allegedly permitting dancing after hours; the complaint was dismissed on July 8, 1959. August 21, 1960, Ruby was again arrested for allegedly permitting dancing after hours; Ruby posted $25 bond and was released on that date. February 12, 1963, Ruby was arrested on a charge of simple assault; he was found not guilty February 27, 1963. Finally, on March 14, 1963, Ruby was arrested for allegedly ignoring traffic summonses: a $35 bond was posted.

When Ruby applied for a beer license in March 1961, he reported that he had been arrested “about four or five times” between 1947 and 1953.[A16-374] Between 1950 and 1963, he received 20 tickets for motor vehicle violations, paying four $10 fines and three of $3.[A16-375] In 1956 and 1959, Ruby was placed on 6 months’ probation as a traffic violator.

Ruby was also frequently suspended by the Texas Liquor Control Board. In August 1949, when he was operating the Silver Spur, he was suspended for 5 days on a charge of “Agents--Moral Turpitude.” In 1953 Ruby received a 5-day suspension because of an obscene show, and, in 1954, a 10-day suspension for allowing a drunkard on his premises.[A16-376] On February 18, 1954, he was suspended for 5 days because of an obscene striptease act at the Silver Spur and for the consumption of alcoholic beverages during prohibited hours.[A16-377] On March 26, 1956, Ruby was suspended by the liquor board for 3 days because several of his checks were dishonored.[A16-378] On October 23, 1961, he received another 3-day suspension because an agent solicited the sale of alcoholic beverages for consumption on licensed premises.[A16-379]

Police Associations

Although the precise nature of his relationship to members of the Dallas Police Department is not susceptible of conclusive evaluation, the evidence indicates that Ruby was keenly interested in policemen and their work.[A16-380] Jesse Curry, chief of the Dallas Police Department, testified that no more than 25 to 50 of Dallas’ almost 1,200 policemen were acquainted with Ruby.[A16-381] However, the reports of present and past members of the Dallas Police Department as well as Ruby’s employees and acquaintances indicate that Ruby’s police friendships were far more widespread than those of the average citizen.[A16-382]

There is no credible evidence that Ruby sought special favors from police officers or attempted to bribe them.[A16-383] Although there is considerable evidence that Ruby gave policemen reduced rates,[A16-384] declined to exact any cover charge from them,[A16-385] and gave them free coffee and soft drinks,[A16-386] this hospitality was not unusual for a Dallas nightclub operator.[A16-387] Ruby’s personal attachment to police officers is demonstrated by reports that he attended the funeral of at least one policeman killed in action and staged a benefit performance for the widow of another.[A16-388] Ruby regarded several officers as personal friends, and others had worked for him.[A16-389] Finally, at least one policeman regularly dated, and eventually married, one of the Carousel’s strippers.[A16-390]

Underworld Ties

From the time that Ruby arrived in Dallas in 1947, he was friendly with numerous underworld figures. One of his earliest Dallas acquaintances was Paul Roland Jones, who was convicted of attempting to bribe the sheriff of Dallas and engaging in the sale of narcotics.[A16-391] Joe Bonds, one of Ruby’s partners in the Vegas Club, had a criminal record.[A16-392]

Ruby, who enjoyed card playing[A16-393] and horse racing,[A16-394] was friendly with several professional gamblers. In 1959, he visited Cuba at the invitation and expense of Lewis McWillie, a professional gambler.[A16-395] Alice Nichols reported that Ruby’s refusal to give up gambling was one reason why she never seriously considered marrying him.[A16-396] When Sidney Seidband, a Dallas gambler, was arrested in Oklahoma City, his list of gambling acquaintances included Jack Ruby.[A16-397] And other friends of Ruby have been identified as gamblers.[A16-398] Finally, two persons of questionable reliability have reported that Ruby’s consent was necessary before gambling or narcotics operations could be launched in Dallas.[A16-399]

Based on its evaluation of the record, however, the Commission believes that the evidence does not establish a significant link between Ruby and organized crime. Both State and Federal officials have indicated that Ruby was not affiliated with organized criminal activity.[A16-400] And numerous persons have reported that Ruby was not connected with such activity.[A16-401]

Travels

Despite reports that Ruby visited Havana, Las Vegas, New York, Chicago, Honolulu, and Mexican border towns, most of his time subsequent to 1947 was spent in Dallas. Some of his travels, including his efforts in behalf of “Little Daddy” Nelson and his visit to New Orleans in June 1963 have been discussed.[A16-402] Ruby stated that he went to Chicago in 1952, in 1958 when his father died, and in August 1963 when he met members of his family at O’Hare International Airport while en route from New York to Dallas.[A16-403] His August trip to New York motivated by his difficulties with the American Guild of Variety Artists and his desire to obtain talent, has been completely established by hotel records.[A16-404] Early in 1963 Ruby also traveled to Wichita, Kans., because of his interest in stripper Gail Raven,[A16-405] and on May 25, 1963, he apparently registered in an Oklahoma motel.[A16-406]

Although Ruby denies being in Las Vegas after 1937,[A16-407] there are unsupported rumors that he was in that city in late 1962,[A16-408] and the early part of November 1963.[A16-409] Reports that he was in Las Vegas during the weekend prior to the assassination[A16-410] appear similarly unfounded.[A16-411]

There is some uncertainty about Ruby’s trip to Havana, Cuba, in 1959. The evidence indicates that he accepted an invitation from gambler Lewis J. McWillie, who subsequently became a violent anti-Castroite, to visit Havana at McWillie’s expense.[A16-412] Ruby apparently met McWillie in about 1950, when McWillie operated a Dallas nightclub.[A16-413] McWillie, whom Ruby said he idolized,[A16-414] supervised gambling activities at Havana’s Tropicana Hotel in 1959 and later was employed in a managerial capacity in a Las Vegas gambling establishment.[A16-415] Ruby testified that he went to Havana for 8 days in August 1959 and left because he was not interested in its gambling activities.[A16-416] McWillie corroborated this story except that he stated only that Ruby visited Havana “sometime in 1959.”[A16-417] Three Chicagoans reported seeing Ruby in Havana during the Labor Day weekend in 1959.[A16-418] Meyer Panitz, an acquaintance of McWillie, reported that when he met Ruby in Miami during the “summer of 1959” Ruby stated that he was returning from a pleasure trip to Cuba.[A16-419] The theory that the trip to Havana had conspiratorial implications is discussed in chapter VI. There is no reliable evidence that Ruby went to Havana subsequent to September 1959.[A16-420]

Although Ruby denied ever being in Hawaii,[A16-421] there is some evidence that during the summer of 1961 he was in Honolulu seeking dancing talent.[A16-422] While it is unlikely that Ruby would forget a trip to Honolulu in 1961, there is no other indication that such a trip, if it occurred, had any sinister motives.

CHARACTER AND INTERESTS

Family Relationships

As mentioned previously,[A16-423] Eva Grant was the only member of the family living in Dallas when Ruby returned to that city in late 1947. In 1948, she returned to the west coast, visiting Dallas sporadically until 1959, when she assumed management of the Vegas.[A16-424] Despite their recurring arguments, during which they sometimes came to blows,[A16-425] Ruby was closer to Eva than any of his brothers or sisters. In the summer of 1963, Eva complained bitterly to Ruby because he gave a friend about $800 instead of paying Vegas Club bills. Eva, citing her poor health, stated that she should be hospitalized. Ruby rejoined that he had provided her money to enter a hospital. He then shoved her, causing her to fall back about 8 feet and hurt her arm and shoulder. At this point Ruby insisted he wanted her to leave the Vegas Club.[A16-426]

Ruby frequently told Eva to submit to an operation and in early November 1963 she consented. She was hospitalized for a week, leaving about November 13.[A16-427] While she was in the hospital, Jack called Earl and Sam, requesting them to convey their concern to Eva.[A16-428] According to Eva, Jack visited her at the hospital two or three times a day. He kept in constant touch with her throughout the weekend of November 22.[A16-429]

Sam Ruby moved to Dallas from Chicago in July 1955, after selling his interest in the Earl Products Co.[A16-430] His son’s asthma and Eva’s suggestion that he work as a builder in Dallas prompted the move.[A16-431] Apparently as a result of difficulties in collecting the $5,500 Sam loaned Jack in 1955 to pay Federal excise taxes,[A16-432] Jack and Sam were never particularly close to each other. However, Sam entered into a partnership in an unsuccessful ice cream business with Jack’s close friend, Ralph Paul.[A16-433] Jack visited Sam and his family occasionally, especially on Jewish holidays, and from time to time they spoke to each other by telephone.[A16-434]

Jack had sporadic contacts with his brother Earl, who remained in Chicago until about 1960, when he moved to Detroit.[A16-435] The most successful of the brothers, Earl often gave Jack business advice and capital.[A16-436] He estimated, perhaps conservatively, that, when arrested, Jack owed him $15,000.[A16-437] The evidence also indicates that Jack borrowed at least $1,000, and probably more, from his sister Marion in Chicago.[A16-438]

Social Relationships

There have been statements that Ruby was a homosexual. The available evidence does not support the allegation. There is no evidence of homosexuality on his part; Ruby did not frequent known gathering places for homosexuals,[A16-439] many of the reports were inherently suspect or based upon questionable or inaccurate premises,[A16-440] and Ruby and most of his associates and employees denied the charge.[A16-441] All the allegations were based on hearsay or derive from Ruby’s lisp or a “feeling” that Ruby was a “sissy,” seemed “weird,” acted effeminately, and sometimes spoke in a high-pitched voice when angry.[A16-442] Some proceeded upon the erroneous theory that Ruby did not date women.[A16-443]

For the better part of 11 years, Ruby dated Mrs. Alice Reaves Nichols, a blonde divorcee, 4 years younger than he. Mrs. Nichols, secretary to a Dallas life insurance company executive,[A16-444] testified that she saw Ruby twice a week between 1948 and 1956, and once a week from then until about 1959.[A16-445] Ruby discussed marriage with Mrs. Nichols,[A16-446] but Mrs. Nichols stated that while dating Ruby she was seeing other men and he was taking out other women.[A16-447] Although there are sharply conflicting reports about whether Ruby dated women who worked for him,[A16-448] the record indicates that Ruby sought and enjoyed feminine company.[A16-449]

Affection for Dogs

Ruby was extremely fond of dogs. Numerous persons stated that he was constantly accompanied by several of the dogs he owned.[A16-450] Testimony at Ruby’s trial in March 1964 indicated that he referred to his dogs as his “children.”[A16-451] He also became extremely incensed when he witnessed the maltreatment of any of his dogs.[A16-452]

Religious Interests

Reared in the Jewish faith, Jack Ruby was not especially devout. Rabbi Hillel Silverman, whose conservative temple Ruby favored, reported that when Ruby’s father died in 1958, Ruby came to services twice daily for the prescribed period of 11 months to recite the traditional memorial prayer.[A16-453] Ruby normally attended services only on the Jewish high holy days and he was quite unfamiliar with the Hebrew language.[A16-454]

Ruby was apparently somewhat sensitive to his identity as a Jew. He forbade his comedians to tell stories directed at Jews or Jewish practices[A16-455] and, on several occasions after 1947, he fought with persons making derogatory remarks about his ethnic origins.[A16-456] The evidence also indicates that he was deeply upset that an advertisement insulting President Kennedy appeared above a Jewish-sounding name.[A16-457]

Physical Activities and Violence

While in Dallas, Ruby continued attempts to keep in excellent physical condition. He frequently exercised at the YMCA, the Carousel, and his apartment, where he maintained a set of weights.[A16-458] Ruby was extremely concerned about his weight and health, including his baldness,[A16-459] and about his appearance in general.[A16-460]

Ruby’s concern for his physical well-being was partially motivated by practical considerations, for he was his own unofficial club bouncer. On about 15 occasions since 1950, he beat with his fists, pistol whipped, or blackjacked patrons who became unruly.[A16-461] At other times, he ejected troublesome customers without a beating,[A16-462] in many instances, justifiably.[A16-463] However, many people stated that he employed more force than necessary, particularly because he often ended a fracas by throwing his victim down the stairs of the Carousel.[A16-464]

Besides acting as a bouncer, Ruby on numerous other occasions severely beat people who were not club patrons, usually employing only his fists. Several of these episodes have been discussed in connection with Ruby’s relationship with his employees.[A16-465] In 1951, Ruby attacked a man who had called him a “kike Jew” and knocked out a tooth.[A16-466] At about that time Ruby is also reported to have knocked a man down from behind and then to have kicked him in the face.[A16-467] In about 1958, Ruby disarmed a man who had drawn a gun on him at the Vegas, beat him almost to death, put the gun back in the man’s pocket, and threw him down the stairs.[A16-468] In 1958, Ruby reportedly knocked down a man at the Vegas who was 6’3” tall and weighed 230 pounds. Ruby was approximately 5’9” tall and weighed about 175 pounds.[A16-469] Ruby then made the man, who had slapped his date, crawl out of the club.[A16-470] In a fight at the Vegas, reportedly witnessed by policemen, Ruby severely beat a heavyweight boxer who had threatened him.[A16-471]

During 1962, several violent episodes occurred. Ruby beat a man who refused to pay admission or leave and then shoved him down the stairs.[A16-472] He “jostled” a woman down the stairs of the Carousel and struck her escort, who was “much smaller” than he.[A16-473] On one occasion, Ruby picked up a man who was arguing with his date, knocked him to the floor, cursed him, and then removed him from the Vegas.[A16-474] When a cabdriver entered the Carousel and inquired about a patron who had neglected to pay his fare, Ruby struck the cabdriver.[A16-475]

In February 1963, Ruby badly beat Don Tabon, who had made some remarks about Ruby’s lady companion, injuring Tabon’s eye.[A16-476] Ruby was acquitted of a charge of assault and Tabon sought no monetary relief because he believed Ruby financially incapable of satisfying any resulting judgment. A doctor who went to the Carousel several times between August and November 1963, stated that on each occasion Ruby ejected someone from the club.[A16-477]

Buddy Turman, a prizefighter and Ruby’s friend, stated that Ruby “picked his shots.”[A16-478] According to Turman, a bouncer at the Vegas for about a year, Ruby’s victim was frequently drunk, female, or otherwise incapable of successfully resisting Ruby’s attack. The evidence indicates that, unlike his youthful escapades, Ruby was often malicious. He frequently felt contrite, however, when his anger had passed or when his victim was an old acquaintance, and he would seek to make amends for his violent temper.[A16-479]

With two exceptions, there is no evidence that Ruby settled disputes with firearms. Shortly before Joe Bonds’ conviction in 1954, Ruby is reported to have chased Bonds with a pistol.[A16-480] And, Larry Crafard reported that about a week before the assassination, Ruby told him to get Ruby’s gun so that an AGVA official and former employee, Earl Norman, could be ejected.[A16-481] Although Ruby did not often use his gun, it was frequently accessible when he was carrying large amounts of money.[A16-482]

Generosity to Friends and the Need for Recognition

While Ruby often flared up and acted aggressively, he seemed to calm down or forget his anger quickly, and there is also a great deal of evidence that he was extremely generous to his friends. He loaned money to them and apparently cared little whether the loans would be repaid.[A16-483] He was quick to offer employment to persons desperately in need of a job[A16-484] and he lent considerable aid to persons seeking work elsewhere.[A16-485] Moreover, when friends or new acquaintances had no roof over their heads, Ruby’s apartment was frequently theirs to share.[A16-486]

Ruby’s unusual generosity may be explained in part by his extremely emotional reaction to persons in distress, which may have resulted from his firsthand familiarity with poverty, and by his unusual craving to be recognized and relied upon.[A16-487] Many of Ruby’s acquaintances described him as a “publicity hound,” “glad hander,” and “name dropper,” one always seeking to be the center of attention.[A16-488] Apparently the “egocentrism” of his youth[A16-489] never left Ruby. Yet, frequently he sought reassurance from persons he admired.[A16-490]

APPENDIX XVII

Polygraph Examination of Jack Ruby

PRELIMINARY ARRANGEMENTS

As early as December of 1963, Jack Ruby expressed his desire to be examined with a polygraph, truth serum, or any other scientific device which would test his veracity.[A17-1] The attorneys who defended Ruby in the State criminal proceedings in Texas agreed that he should take a polygraph examination to test any conspiratorial connection between Ruby and Oswald.[A17-2] To obtain such a test, Ruby’s defense counsel filed motions in court and also requested that the FBI administer such an examination to Ruby.[A17-3] During the course of a psychiatric examination on May 11, 1964, Ruby is quoted as saying: “I want to tell the truth. I want a polygraph * * *.”[A17-4] In addition, numerous letters were written to the President’s Commission on behalf of Ruby requesting a polygraph examination.[A17-5]

When Ruby testified before the Commission in Dallas County Jail on June 7, 1964, his first words were a request for a lie detector test. The Commission hearing commenced with the following exchanges:

Mr. JACK RUBY. Without a lie detector test on my testimony, my verbal statements to you, how do you know if I am telling the truth?

Mr. TONAHILL [Defense Counsel]. Don’t worry about that, Jack.

Mr. RUBY. Just a minute, gentlemen.

Chief Justice WARREN. You wanted to ask something, did you, Mr. Ruby?

Mr. RUBY. I would like to be able to get a lie detector test or truth serum of what motivated me to do what I did at that particular time, and it seems as you get further into something, even though you know what you did, it operates against you somehow, brain washes you, that you are weak in what you want to tell the truth about and what you want to say which is the truth.

Now Mr. Warren, I don’t know if you got any confidence in the lie detector test and the truth serum, and so on.

Chief Justice WARREN. I can’t tell you just how much confidence I have in it, because it depends so much on who is taking it, and so forth.

But I will say this to you, that if you and your counsel want any kind of test, I will arrange it for you. I would be glad to do that, if you want it. I wouldn’t suggest a lie detector test to testify the truth.

We will treat you just the same as we do any other witness, but if you want such a test, I will arrange for it.

Mr. RUBY. I do want it. Will you agree to that, Joe?

Mr. TONAHILL. I sure do, Jack.[A17-6]

Throughout Ruby’s testimony before the Commission, he repeated his request on numerous occasions that he be given an opportunity to take a lie detector test.[A17-7] Ruby’s insistence on taking a polygraph examination is reflected right to the end of the proceedings where in the very last portion of the transcribed hearings Ruby states:

Mr. RUBY. All I want to do is to tell the truth, and the only way you can know it is by the polygraph, as that is the only way you can know it.

Chief Justice WARREN. That we will do for you.[A17-8]

Following Ruby’s insistence on a polygraph test, the Commission initiated arrangements to have the FBI conduct such an examination.[A17-9] A detailed set of questions was prepared for the polygraph examination, which was set for July 16, 1964.[A17-10] A few days before the scheduled test, the Commission was informed that Ruby’s sister, Eva Grant, and his counsel, Joe H. Tonahill, opposed the polygraph on the ground that psychiatric examinations showed that his mental state was such that the test would be meaningless.[A17-11]

The Commission was advised that Sol Dann, a Detroit attorney representing the Ruby family, had informed the Dallas office of the FBI on July 15, 1964, that a polygraph examination would affect Ruby’s health and would be of questionable value according to Dr. Emanuel Tanay, a Detroit psychiatrist.[A17-12] On that same date, Assistant Counsel Arlen Specter discussed by telephone the polygraph examination with Defense Counsel Joe H. Tonahill, who expressed his personal opinion that a polygraph examination should be administered to Ruby.[A17-13] By letter dated July 15, 1964, Dallas District Attorney Henry Wade requested that the polygraph examination cover the issue of premeditation as well as the defensive theories in the case.[A17-14]

Against this background, it was decided that a representative of the Commission would travel to Dallas to determine whether Jack Ruby wanted to take the polygraph test. Since Ruby had had frequent changes in attorneys and because he was presumed to be sane, the final decision on the examination was his, especially in view of his prior personal insistence on the test.[A17-15] In the jury conference room at the Dallas jail on July 18, Assistant Counsel Arlen Specter, representing the Commission, informed Chief Defense Counsel Clayton Fowler, co-Counsel Tonahill and Assistant District Attorney William F. Alexander that the Commission was not insisting on or even requesting that the test be taken, but was merely fulfilling its commitment to make the examination available.[A17-16] In the event Ruby had changed his mind and would so state for the record, that would conclude the issue as far as the Commission was concerned.[A17-17]

Chief Defense Counsel Fowler had objected to the test. He conferred with Jack Ruby in his cell and then returned stating that Ruby insisted on taking the examination.[A17-18] Mr. Fowler requested that (1) Dr. Tanay, the Detroit psychiatrist, be present; (2) the results of the test not be disclosed other than to the Commission; (3) the questions to be asked not be disclosed to the District Attorney’s office; and (4) the results of the test be made available to defense counsel.[A17-19] Sheriff William Decker announced his intention to have Allan L. Sweatt, his chief criminal deputy who was also a polygraph operator, present to maintain custody of Jack Ruby while the examination was being administered.[A17-20] Assistant District Attorney Alexander requested a list of questions, a copy of the recording made by the polygraph machine and a copy of the report interpreting the test.[A17-21] In response to the numerous requests, the procedure was determined that the questions to be asked of Ruby would be discussed in a preliminary session in the presence of defense counsel, the assistant district attorney and Chief Jailer E. L. Holman, who was to replace Sweatt.[A17-22] The assistant district attorney would not be present when Ruby answered the questions, but Jailer Holman was allowed to remain to retain custody of Ruby.[A17-23] No commitment was made on behalf of the Commission as to what disclosure would be made of the results of the examination.[A17-24] Since Dr. Tanay was not in Dallas and therefore could not be present,[A17-25] arrangements were made to have in attendance Dr. William R. Beavers, a psychiatrist who had previously examined and evaluated Ruby’s mental state.[A17-26]

At the conclusion of the lengthy preliminary proceedings, Ruby entered the jury conference room at 2:23 p.m. and was informed that the Commission was prepared to fulfill its commitment to offer him a polygraph examination, but was not requesting the test.[A17-27] On behalf of the Commission, Assistant Counsel Specter warned Ruby that anything he said could be used against him.[A17-28] Chief Defense Counsel Fowler advised Ruby of his objections to the examination.[A17-29] Ruby then stated that he wanted the polygraph examination conducted and that he wanted the results released to the public as promptly as possible.[A17-30] Special Agent Bell P. Herndon, polygraph operator of the FBI, obtained a written “consent to interview with polygraph” signed by Jack Ruby.[A17-31] Herndon then proceeded to administer the polygraph examination by breaking the questions up into series which were ordinarily nine questions in length and consisted of relevant interrogatories and control questions.[A17-32]

ADMINISTRATION OF THE TEST

During the course of the polygraph examination Jack Ruby answered the relevant questions as follows:

Q. Did you know Oswald before November 22, 1963?

A. No.[A17-33]

Q. Did you assist Oswald in the assassination?

A. No.[A17-34]

Q. Are you now a member of the Communist Party?

A. No.[A17-35]

Q. Have you ever been a member of the Communist Party?

A. No.[A17-36]

Q. Are you now a member of any group that advocates the violent overthrow of the United States Government?

A. No.[A17-37]

Q. Have you ever been a member of any group that advocates violent overthrow of the United States Government?

A. No.[A17-38]

Q. Between the assassination and the shooting, did anybody you know tell you they knew Oswald?

A. No.[A17-39]

Q. Aside from anything you said to George Senator on Sunday morning, did you ever tell anyone else that you intended to shoot Oswald?

A. No.[A17-40]

Q. Did you shoot Oswald in order to silence him?

A. No.[A17-41]

Q. Did you first decide to shoot Oswald on Friday night?

A. No.[A17-42]

Q. Did you first decide to shoot Oswald on Saturday morning?

A. No.[A17-43]

Q. Did you first decide to shoot Oswald on Saturday night?

A. No.[A17-44]

Q. Did you first decide to shoot Oswald on Sunday morning?

A. Yes.[A17-45]

Q. Were you on the sidewalk at the time Lieutenant Pierce’s car stopped on the ramp exit?

A. Yes.[A17-46]

Q. Did you enter the jail by walking through an alleyway?

A. No.[A17-47]

Q. Did you walk past the guard at the time Lieutenant Pierce’s car was parked on the ramp exit?

A. Yes.[A17-48]

Q. Did you talk with any Dallas police officers on Sunday, November 24, prior to the shooting of Oswald?

A. No.[A17-49]

Q. Did you see the armored car before it entered the basement?

A. No.[A17-50]

Q. Did you enter the police department through a door at the rear of the east side of the jail?

A. No.[A17-51]

Q. After talking to Little Lynn did you hear any announcement that Oswald was about to be moved?

A. No.[A17-52]

Q. Before you left your apartment Sunday morning, did anyone tell you the armored car was on the way to the police department?

A. No.[A17-53]

Q. Did you get a Wall Street Journal at the Southwestern Drug Store during the week before the assassination?

A. No.[A17-54]

Q. Do you have any knowledge of a Wall Street Journal addressed to Mr. J. E. Bradshaw?

A. No.[A17-55]

Q. To your knowledge, did any of your friends or did you telephone the FBI in Dallas between 2 or 3 a.m. Sunday morning?

A. No.[A17-56]

Q. Did you or any of your friends to your knowledge telephone the sheriff’s office between 2 or 3 a.m. Sunday morning?

A. No.[A17-57]

Q. Did you go to the Dallas police station at any time on Friday, November 22, 1963, before you went to the synagogue?

A. No.[A17-58]

Q. Did you go to the synagogue that Friday night?

A. Yes.[A17-59]

Q. Did you see Oswald in the Dallas jail on Friday night?

A. Yes.[A17-60]

Q. Did you have a gun with you when you went to the Friday midnight press conference at the jail?

A. No.[A17-61]

Q. Is everything you told the Warren Commission the entire truth?

A. Yes.[A17-62]

Q. Have you ever knowingly attended any meetings of the Communist Party or any other group that advocates violent overthrow of the Government?

A. No.[A17-63]

Q. Is any member of your immediate family or any close friend, a member of the Communist Party?

A. No.[A17-64]

Q. Is any member of your immediate family or any close friend a member of any group that advocates the violent overthrow of the Government?

A. No.[A17-65]

Q. Did any close friend or any member of your immediate family ever attend a meeting of the Communist Party?

A. No.[A17-66]

Q. Did any close friend or any member of your immediate family ever attend a meeting of any group that advocates the violent overthrow of the Government?

A. No.[A17-67]

Q. Did you ever meet Oswald at your post office box?

A. No.[A17-68]

Q. Did you use your post office mailbox to do any business with Mexico or Cuba?

A. No.[A17-69]

Q. Did you do business with Castro-Cuba?

A. No.[A17-70]

Q. Was your trip to Cuba solely for pleasure?

A. Yes.[A17-71]

Q. Have you now told us the truth concerning why you carried $2,200 in cash on you?

A. Yes.[A17-72]

Q. Did any foreign influence cause you to shoot Oswald?

A. No.[A17-73]

Q. Did you shoot Oswald because of any influence of the underworld?

A. No.[A17-74]

Q. Did you shoot Oswald because of a labor union influence?

A. No.[A17-75]

Q. Did any long-distance telephone calls which you made before the assassination of the President have anything to do with the assassination?

A. No.[A17-76]

Q. Did any of your long-distance telephone calls concern the shooting of Oswald?

A. No.[A17-77]

Q. Did you shoot Oswald in order to save Mrs. Kennedy the ordeal of a trial?

A. Yes.[A17-78]

Q. Did you know the Tippit that was killed?

A. No.[A17-79]

Q. Did you tell the truth about relaying the message to Ray Brantley to get McWillie a few guns?

A. Yes.[A17-80]

Q. Did you go to the assembly room on Friday night to get the telephone number of KLIF?

A. Yes.[A17-81]

Q. Did you ever meet with Oswald and Officer Tippit at your club?

A. No.[A17-82]

Q. Were you at the Parkland Hospital at any time on Friday?

A. No.[A17-83]

Q. Did you say anything when you shot Oswald other than what you’ve testified about?

A. No.[A17-84]

Q. Have members of your family been physically harmed because of what you did?

A. No.[A17-85]

Q. Do you think members of your family are now in danger because of what you did?

(No response.)[A17-86]

Q. Is Mr. Fowler in danger because he is defending you?

(No response.)[A17-87]

Q. Did “Blackie” Hanson speak to you just before you shot Oswald?

A. No.[A17-88]

INTERPRETATION OF THE TEST

A polygraph examination is designed to detect physiological responses to stimuli in a carefully controlled interrogation. Such responses may accompany and indicate deception.[A17-89] The polygraph instrument derives its name from the Greek derivative “poly” meaning many and the word “graph” meaning writings.[A17-90] The polygraph chart writings consist of three separate markings placed on a graph reflecting three separate physiological reactions.[A17-91] A rubber tube is placed around the subject’s chest to record his breathing pattern on a pneumograph.[A17-92] That device records the respiratory ratio of inhalation and exhalation strokes.[A17-93] The second component is called a galvanic skin response which consists of electrodes placed on the examinee’s fingers, through which a small amount of electrical current is passed to the skin.[A17-94] The galvanometer records the minute changes in electrical skin response.[A17-95] The third component consists of a cardiograph which is a tracing obtained by attaching a pneumatic cuff around the left arm in a manner very similar to an apparatus which takes blood pressure.[A17-96] When the cuff is inflated, that device records relative blood pressures or change in the heart rate.[A17-97]

From those testing devices, it is possible to measure psychological or emotional stress.[A17-98] This testing device is the product of observation by psychologists and physiologists who noted certain physiological responses when people lie.[A17-99] In about 1920 law enforcement officials with psychological and physiological training initiated the development of the instrument to serve as an investigative aid.[A17-100]

The polygraph may record responses indicative of deception, but it must be carefully interpreted.[A17-101] The relevant questions, as to which the interrogator is seeking to determine whether the subject is falsifying, are compared with control questions where the examiner obtains a known indication of deception or some expected emotional response.[A17-102] In evaluating the polygraph, due consideration must be given to the fact that a physiological response may be caused by factors other than deception, such as fear, anxiety, nervousness, dislike, and other emotions.[A17-103] There are no valid statistics as to the reliability of the polygraph.[A17-104] FBI Agent Herndon testified that, notwithstanding the absence of percentage indicators of reliability, an informed judgment may be obtained from a well-qualified examiner on the indications of deception in a normal person under appropriate standards of administration.[A17-105]

Ordinarily during a polygraph examination only the examiner and the examinee are present.[A17-106] It is the practice of the FBI, however, to have a second agent present to take notes.[A17-107] It is normally undesirable to have other people present during the polygraph examination because the examinee may react emotionally to them.[A17-108] Because of the numerous interested parties involved in Ruby’s polygraph examination, there were present individuals representing the Commission and the Dallas district attorney, as well as two defense counsel, two FBI agents, the chief jailer, the psychiatrist, and the court reporter, although the assistant district attorney and one defense counsel left when Ruby was actually responding to questions while the instrument was activated.[A17-109] Ruby was placed in a position where there was a minimum of distraction for him during the test.[A17-110] He faced a wall and could not see anyone except possibly through secondary vision from the side.[A17-111] Agent Herndon expressed the opinion that Ruby was not affected by the presence of the people in the room.[A17-112]

Answer by Ruby to certain irrelevant control questions suggested an attempt to deceive on those questions. For example, Ruby answered “No” to the question “While in the service did you receive any disciplinary action?”[A17-113] His reaction suggested deception in his answer.[A17-114] Similarly, Ruby’s negative answer to the query “Did you ever over-charge a customer?” was suggestive of deception.[A17-115] Ruby further showed an emotional response to other control questions such as “Have you ever been known by another name”[A17-116] “Are you married?”[A17-117] “Have you ever served time in jail?” [A17-118] “Are your parents alive?”[A17-119] “Other than what you told me, did you ever hit anyone with any kind of a weapon?”[A17-120] Herndon concluded that the absence of any physiological response on the relevant questions indicated that there was no deception.[A17-121]

An accurate evaluation of Ruby’s polygraph examination depends on whether he was psychotic. Since a psychotic is divorced from reality, the polygraph tracings could not be logically interpreted on such an individual. A psychotic person might believe a false answer was true so he would not register an emotional response characteristic of deception as a normal person would.[A17-122] If a person is so mentally disturbed that he does not understand the nature of the questions or the substance of his answers, then no validity can be attached to the polygraph examination.[A17-123] Herndon stated that if a person, on the other hand, was in touch with reality, then the polygraph examination could be interpreted like any other such test.[A17-124]

Based on his previous contacts with Ruby and from observing him during the entire polygraph proceeding, Dr. William R. Beavers testified as follows:

In the greater proportion of the time that he answered the questions, I felt that he was aware of the questions and that he understood them, and that he was giving answers based on an appreciation of reality.[A17-125]

Dr. Beavers further stated that he had previously diagnosed Ruby as a “psychotic depressive.” [A17-126]

Based on the assumption that Ruby was a “psychotic depressive,” Herndon testified:

There would be no validity to the polygraph examination, and no significance should be placed upon the polygraph charts.[A17-127]

Considering other phases of Dr. Beavers’ testimony, Herndon stated:

Well, based on the hypothesis that Ruby was mentally competent and sound, the charts could be interpreted, and if those conditions are fact, the charts could be interpreted to indicate that there was no area of deception present with regard to his response to the relevant questions during the polygraph examination.[A17-128]

In stating his opinion that Ruby was in touch with reality and understood the questions and answers, Dr. Beavers excepted two questions where he concluded that Ruby’s underlying delusional state took hold.[A17-129] Those questions related to the safety of Ruby’s family and his defense counsel.[A17-130] While in the preliminary session Ruby had answered those questions by stating that he felt his family and defense counsel were in danger, he did not answer either question when the polygraph was activated.[A17-131] Dr. Beavers interpreted Ruby’s failure to answer as a reflection of “internal struggle as to just what was reality.”[A17-132] In addition, Dr. Beavers testified that the test was not injurious to Ruby’s mental or physical condition.[A17-133]

Because Ruby not only volunteered but insisted upon taking a polygraph examination, the Commission agreed to the examination. FBI Director J. Edgar Hoover commented on the examination as follows:

It should be pointed out that the polygraph, often referred to as “lie detector” is not in fact such a device. The instrument is designed to record under proper stimuli emotional responses in the form of physiological variations which may indicate and accompany deception. The FBI feels that the polygraph technique is not sufficiently precise to permit absolute judgements of deception or truth without qualifications. The polygraph technique has a number of limitations, one of which relates to the mental fitness and condition of the examinee to be tested.

During the proceedings at Dallas, Texas, on July 18, 1964, Dr. William R. Beavers, a psychiatrist, testified that he would generally describe Jack Ruby as a “psychotic depressive.” In view of the serious question raised as to Ruby’s mental condition, no significance should be placed on the polygraph examination and it should be considered nonconclusive as the charts cannot be relied upon.[A17-134]

Having granted Ruby’s request for the examination, the Commission is publishing the transcript of the hearing at which the test was conducted[A17-135] and the transcript of the deposition of the FBI polygraph operator who administered the test.[A17-136] The Commission did not rely on the results of this examination in reaching the conclusions stated in this report.

APPENDIX XVIII

Footnotes

For references to the testimony of witnesses before the Commission, the following citation form is used: number of volume, “H” (for “Hearings before the President’s Commission on the Assassination of President Kennedy”), page number, and the name of the witness in parentheses, e.g., 7 H 441 (O’Donnell). Commission exhibits are referred to by the capital letters “CE” and number; deposition exhibits by the name of the witness, the capital letters “DE,” and the number or letter of his exhibit, e.g., CE 705; Sorrels DE 1. References to audiovisual sources for one Dallas broadcasting station (WFAA) are cited as follows: PKT for video tapes, PKF for films, and PKA for audio tapes. The video and audio reels and tapes of other stations are cited by number, e.g., WFAA-TV reel PKT 10; KBLD-TV reel 13.

FOREWORD

[F-1] Executive Order No. 11130 is set forth as app. I.

[F-2] The White House press release is set forth as app. II.

[F-3] Senate Joint Resolution 137 (Public Law 88-202) is set forth as app. III.

[F-4] The names of all witnesses are set forth in app. V.

[F-5] The procedures of the Commission are set forth as app. VI.