Part 9

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

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

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

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

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

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

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

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

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

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

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

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

Well----

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

Mr. LANE. By Truly?

Representative FORD. Yes.

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr. RANKIN. Yes.

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

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

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

Mr. LANE. That's correct.

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

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

Mr. RANKIN. Which dresser drawer?

Mr. LANE. This is in Dallas.

Mr. RANKIN. Not at the Paine's?

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

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

Mr. LANE. Yes.

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

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

Mr. RANKIN. Would you do that, please.

Mr. LANE. Yes, sir.

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

Mr. LANE. Yes, sir.

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

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

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

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

Mr. LANE. Yes; that is one.

Senator COOPER. Did you give that name?

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

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

Mr. LANE. Yes; that's correct.

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

Well, Oswald ran home to get his jacket. He left the house, saw a police car parked, went up to the police car, according to the affidavit of Mrs. Markham, leaned on the car, and when the officer came out, he shot him to death, and then he went to the movies. And in the movies, and just before he went into the Texas Theatre, he was so extremely agitated that a gentleman on the outside of the theatre--I think his name is John Brewer--I am not certain--you have that affidavit, I am sure--indicated that Oswald was acting very agitated, the cashier made the same statement, and changing from seat to seat. The police were called and he was arrested.

Of course, one would wonder why Oswald, who might have thought that he had made his getaway while in the Texas Theatre unobserved, would become so extremely agitated, when just a moment after he allegedly shot the President and the Governor, with the policeman charging up the stairs, pointing a pistol at him, about to arrest him for these two terrible crimes, he was calm, according to Mr. Truly, but he became agitated only when he thought he had secured his getaway.

I think those of us who saw, as we all did, I guess, Oswald on television in his brief appearance would conclude that he seemed, even while in custody and charged with these two crimes, somewhat calm under the circumstances--calm when charged with the assassination, calm a moment after killing the President, when a policeman pointed a pistol at him, but agitated only in the theatre, and just before going to the theatre when he might have concluded that he was then in the clear.

I would just like to conclude on this note.

I hope the Commission will give consideration to my request, which the Commission has answered, but which again I would like at this time to renew. That is, that I be permitted, at the request of Mrs. Oswald, the mother of the accused defendant, really, before this Commission's hearing, to represent his interests here, to have access to the material which you have access to, and the right to present witnesses.

It is not usual for an attorney representing a party to be given an opportunity to testify, which is quite unusual--but rather to be given the opportunity to present witnesses and to cross-examine them. It has generally been my role in criminal cases. Never before have I testified in behalf of a client.

If it is the Commission's position that this is not a trial in any respect, and therefore Oswald is not entitled to counsel, that is the position with which I would like to respectfully offer a dissent.

The fact that Oswald is not going to have a real trial flows only from his death, and he is not responsible with that having taken place. Every right belonging to an American citizen charged with a crime was taken from him up to and including his life.

I think now that that episode is completed, hopefully never to reappear ever again in our history, or anything close to it--I think it would be proper to permit him to have counsel before the Commission, counsel who can function on his behalf in terms of cross-examining evidence and presenting witnesses. If it is the Commission's position now that he is entitled to counsel, and the Commission will appoint counsel, then I ask the Commission to consider that the Constitutional right to counsel involves the right to counsel of one's choice, or in the event of the death of a party, to counsel of the choice of the surviving members of the family.

If Marina Oswald, the widow, sought to have counsel represent her husband I would think--here--I would think that would cause a conflict and a problem, if the widow and also the mother made the same request. But as I understand it no request has been made by the widow, who has indicated to the press that she believes her husband is guilty, and through her former business agent, Mr. Martin, who I am told was secured for her by the Secret Service as a business agent, she indicated that even a trial which might prove he was innocent, she would still be sure he was guilty, and has indicated since that time no desire to my knowledge to secure counsel for her husband, her late husband, before the Commission.

I think, then, the mother would, in almost any jurisdiction, be the next person to make a decision in this area, and the mother has made a decision, as you know. She has retained me to represent the rights and interests of her son.

I think under those circumstances it would be proper for the Commission to permit me to participate.

This, of course, is not a jury trial. With all due respect to the integrity and background of each of the members of the Commission, I suggest that it is not the function of the trying body to appoint counsel, or the jury to appoint counsel, but in our society it is just the reverse; it is the function of defense counsel to participate in determining who the jury should be.

Many criminal lawyers, very noted counsel, would probably seek to excuse certain--and again no disrespect at all is meant to the background of members of this Commission--but defense counsel generally seeks to excuse as jurors those who are in any way associated with the Government in a criminal case. And here we have the Government appointing the jury, and then the jury picking counsel, who also is Government connected at this time. I in no way wish to raise the question of the integrity of any of the members of the Commission or counsel or anyone else, or their ability. But that truism about equality has some meaning in terms of impartiality--everyone is impartial to some people, and more impartial to other people. And counsel, in order to function, I believe, must be totally independent and totally committed to the responsibility of representing his client.

But above all, he must be secured by someone who has the ability to speak for the deceased, in this case his mother and his wife. And under those circumstances, I renew my request that I be permitted to, at the request of Lee Oswald's mother, who survives him--to function before this Commission as counsel on his behalf.

The CHAIRMAN. Mr. Lane, I must advise you that the Commission, as you already know, has considered your request and has denied it. It does not consider you as the attorney for Lee Oswald. Now, this is not for any discussion. We are not going to argue it. You have had your say, and I will just answer.

Lee Oswald left a widow. She is his legal representative. She is represented by counsel. This Commission is cooperating with her in any way she may request. If anyone else wants to present any evidence to this Commission, they may do so. But it is the view and the wish--the will of the Commission--that no one else shall be entitled to participate in the work and the deliberations of the Commission.

We asked you to come here today because we understood that you did have evidence. We are happy to receive it. We want every bit of evidence that you have. You may present anything that you wish to us. But you are not to be a participant in the work of the Commission. I assume you have some questions you would like to ask Mr. Lane, Mr. Rankin?

Mr. RANKIN. Yes, sir. Do you have any affidavits that you would like to submit to the Commission? I understood at one time you had some affidavits.

Mr. LANE. Well, I do have some affidavits. They are not originals--they are photostatic copies of affidavits taken by the Dallas police and on file in the Dallas district attorney's office. Now--including the paraffin test which I made reference to.

Now, if the Commission does not have copies of those, I would like to be so informed and I will see what I can do. I assume the Commission has copies of all those documents.

Mr. RANKIN. Yes. Do you have anything beyond that that you care to submit?

Mr. LANE. I have the various statements which I have made reference to from Mrs. Hill and Mrs. Markham, Mr. Klein, Mr. Ryder. But I have given you the essence of those statements. If you are interested in pursuing that, I think it might be best to call them.

Mr. RANKIN. I am interested if there was anything beyond what you have given us, Mr. Lane. And if you say you have given us the substance, then I take it that is complete as far as it could be of assistance to us, except our going directly to the witness. Is that what you have in mind?

Mr. LANE. Yes.

Mr. RANKIN. Now, do you have any witnesses that you would like to present for the Commission?

Mr. LANE. Well, I would like--I do not know that I would be able to do that, frankly.

Mr. RANKIN. Well, would you have any that you suggest that we should interview, bring before the Commission, that you have not presented up to this time in your testimony?

Mr. LANE. No; there is no one who I know of other than those names I have given, and two other persons whose permission I am going to have to secure in reference to other matters, and hopefully they will be willing to not only allow their names to be used, but to come forward and testify, if you wish to hear them.

Mr. RANKIN. Now, is there any documentary evidence beyond which you have submitted that you would like to submit to the Commission?

Mr. LANE. Not beyond what I have submitted or made reference to.

Mr. RANKIN. In regard to the paraffin that you have referred to, do you have any particular materials or anything you want to refer the Commission to?

Mr. LANE. To that particular test taken by Mr. Anderson on November 23d?

Mr. RANKIN. Anything beyond that?

Mr. LANE. No; not at this time.

Mr. RANKIN. Now, I understand at one time you referred to some meeting in the Carousel Club a week or so before the assassination. Do you have any material on that or any information?

Mr. LANE. Yes.

Mr. RANKIN. Is there anything you would care to present to the Commission?

Mr. LANE. Yes. I have been informed--and this is the source I will have to check with again in order to secure his testimony----

Mr. RANKIN. You will advise us if you are permitted to.

Mr. LANE. Yes. But I can tell you the substance--that a meeting took place on November 14, 1963, in the Carousel Club between Officer Tippit and Bernard Weissman, Mr. Weissman being the gentleman who placed a full-page advertisement in the Dallas Morning News which was printed on November 22, asking a series of questions of President Kennedy. It was addressed "Welcome to Dallas, President Kennedy. Why have you traded the Monroe Doctrine for spirit of Moscow. Why has Gus Hall and the Communist Party endorsed your 1964 election" and such matter. I think these two give a rather clear indication of the kind of advertisement that it was. And I have been informed that Mr. Weissman and Officer Tippit and a third person were present there. I have been given the name of the third person. But for matters which I will make plain to the Commission, I will be pleased to give you the name of the third person as given to me, but not in the presence of the press. I would rather do that in executive session--that one piece of testimony.

The CHAIRMAN. That is satisfactory to do that, if you wish.

Mr. LANE. Thank you, sir.