Mr. CRULL. On Sunday morning, the specific time I can’t say. A member

of the marina staff called me, and said that the radio said that Oswald

had been shot. So I went to the marina office and used the telephone to

call Dallas. I was calling from the marina, Lake Texoma, just out of

Denison, Tex. I did call the office and I talked with Chief Stevenson,

and he told me, his words were, “I guess you have heard that we have

lost our prisoner.”

Then he told me something of the details, although it was then confused.

Mr. HUBERT. Was Oswald dead then, or did he tell you so?

Mr. CRULL. They didn’t know at that time. I was talking to them at the

police department, and Oswald had been moved to Parkland Hospital.

Mr. HUBERT. Do you remember what time it was?

Mr. CRULL. No; I can’t say. I waited at Texoma then, a short time,

until my wife came back to the lake. She had been in to Denison to

church, and shortly after noon we came back to Dallas. I came to the

city hall after changing my clothes at home, to the police department

and talked to our mayor then and found that he had received some

telephone threats, and that the police had a guard on him, that he

wanted to go to Washington for the President’s funeral, and that there

was some concern about it. So I left the city hall and went to the home

of the mayor, discussed his trip with him, decided on my own that he

should have protection all the way, called Chief Curry, and suggested

that he assign Lieutenant Revill, who was the head of the chief

intelligence section, to make the trip to Washington with Mayor Cabell.

Over the telephone the chief did this, and I waited at the mayor’s home

until Revill went to his house and collected his clothes. Then, in a

squad car, I went to the airport to see the mayor off on the airplane.

Mr. HUBERT. What time was that, about?

Mr. CRULL. Between 5:30 and 6 o’clock, something in that area. It was

still daylight.

Mr. HUBERT. That was on Sunday, the 24th?

Mr. CRULL. That’s correct.

Mr. HUBERT. Were you informed by anyone of any fears that existed

concerning the safety of Oswald?

Mr. CRULL. I didn’t hear this report until several days later that

there had been some.

Mr. HUBERT. I think you have already stated that in your discussions

with the head of the chief of police, the head of the police department

on Friday afternoon between 4 and 7, that there had not been discussed

or mentioned any fear concerning his safety, is that right?

Mr. CRULL. That’s correct. The concern expressed was that with the

whole world looking on, the thing be kept in the open as much as it

could be, with a reasonable degree of security. Quarterbacking the game

on Monday, apparently we were stressing the wrong point.

Mr. HUBERT. Apparently from the last part of your answer there, you

mentioned that since the whole world was looking on, the press should

be given as much freedom as possible? I think you mentioned consistent

with security, or something of that sort?

Mr. CRULL. Consistent with the safety of the prisoner; yes.

Mr. HUBERT. Well, is it fair to say then that the actual safety of the

prisoner was a matter of discussion?

Mr. CRULL. No; I don’t think it would be accurate to say that it was a

matter of discussion. It was mentioned, but I doubt very seriously that

the staff of personnel was very concerned about it, because he was at

that time safely in the homicide bureau surrounded by detectives.

Mr. HUBERT. But you say it was mentioned, the safety of the prisoner?

Mr. CRULL. I think so; yes.

Mr. HUBERT. Do you remember by whom?

Mr. CRULL. No; I don’t remember exactly.

Mr. HUBERT. I think you have already said, too, that there was no

discussion of the method of transfer or the danger or perils that might

exist for the safety of the prisoner when that would come about?

Mr. CRULL. The method of transfer I did not discuss at all at the time.

Mr. HUBERT. And of course since you left on Saturday morning and did

not communicate or have any communication with the police until after

the shooting of Oswald, you knew nothing about any developments or

about any threats, and so forth, that had been made to him?

Mr. CRULL. No.

Mr. HUBERT. Nor did you know what plans for transfer had been developed

and were prepared to be carried out?

Mr. CRULL. No; quite frankly, I think this belongs in it. I never

thought seriously of the prisoner being killed. I don’t know whether

others did or not, but I was concerned primarily with the case being

wrapped up, and solid, so that there would be no question about who

killed the President.

Mr. HUBERT. All right, sir; there is one statement I have noticed in

the FBI report identified as Exhibit No. 1, on page 2, that I would

like, if you would, to clarify, because it is not really clear to me.

It is the third sentence in the last paragraph on the second page

reading as follows, to wit: “He--that is you--stated on November 25

he issued instructions to his subordinates and to Chief Curry and the

police department to make no comments concerning these matters. Insofar

as he knows, these instructions have been followed.” I would just like

to get a clarification of what you had in mind. It is not clear to me.

Mr. CRULL. This may be inaccurate in my timing. This came immediately

after the shooting of Oswald and the delivery of Ruby to the county

jail. A problem for the district attorney’s office, and for the

Commission, and at that time the press had announced that President

Johnson had announced that he would name such a Commission. He had

actually named Chief Justice Warren to head it. I am not certain.

And my instructions were that no police officer make any comment, that

no evidence be released by any police officer, that it would all be

turned over to the district attorney for his control, and I talked to

the district attorney by telephone and told him my instructions. This

was on Monday. Later, whether it was the same day or the following

day, the district attorney told the chief of police that he preferred

that that responsibility go to the--what is now known as the Warren

Commission. I don’t believe any member of the police department, but

with one exception, has yet violated the instructions on statements.

Mr. HUBERT. Mr. Crull, as you know, there has been at least one

statement to the effect that Chief Curry was “taking the wrap for

higher-ups who insisted that Oswald be transferred in daylight hours in

order to accommodate the press and other news media.”

Do you know anything about that at all, sir?

Mr. CRULL. So far as I am concerned, the higher ups would have to be

either the city manager or the mayor. So far as the city manager is

concerned, Chief Curry was given no instructions whatsoever as to the

transfer, and I feel quite confident that Mayor Cabell didn’t.

For two reasons, One, he says he didn’t, and the other, that under the

charter, the city manager’s responsibility for the chief of police

and the mayor doesn’t give direct orders. I think the statement is

completely untrue.

Mr. HUBERT. Do you know of anything that would indicate that Mayor

Cabell or any of the members of the council did exercise any kind of

pressure whatsoever on Chief Curry?

Mr. CRULL. I know of nothing, and I feel certain that it didn’t occur.

Mr. HUBERT. And you did not at all?

Mr. CRULL. That’s correct.

Mr. HUBERT. All right, sir; is there anything else you would like to

add?

Mr. CRULL. No; I guess not. Nearly all my knowledge is of course

hearsay. I have no direct knowledge.

Mr. HUBERT. All right, sir; then let me close the deposition with the

usual question. Am I correct in stating that nothing has been discussed

between us at any time since we first met, which was today, that has

not become subsequently a part of this deposition by being reported?

Mr. CRULL. That’s correct.

Mr. HUBERT. I certainly thank you, sir.

Mr. CRULL. Thank you.

Mr. HUBERT. Glad you came by.

TESTIMONY OF J. W. FRITZ

The testimony of J. W. Fritz was taken at 9 a.m., on July 14, 1964,

in the office of the U.S. attorney, 301 Post Office Building, Bryan

and Ervay Streets Dallas, Tex., by Mr. Leon D. Hubert, Jr., assistant

counsel of the President’s Commission. Sam Kelley, assistant attorney

general of Texas, was present.

Mr. HUBERT. This is the deposition of Capt. J. W. Fritz. Captain Fritz,

my name is Leon Hubert. I am a member of the advisory staff of the

general counsel of the President’s Commission.

Under the provisions of Executive Order 11130 dated November 29,

1963, and the joint resolution of Congress, No. 137, and the rules of

procedure adopted by the President’s Commission in conformance with

that Executive order and the joint resolution, I have been authorized

to take a sworn deposition from you.

I say to you now that the general nature of the Commission’s inquiry

is to ascertain, evaluate and report upon the facts relevant to the

assassination of President Kennedy and the subsequent violent death of

Lee Harvey Oswald.

In particular as to you, Captain Fritz, the nature of the inquiry today

is to determine what facts you know about the death of Oswald and any

other pertinent facts you may know about the general inquiry.

Captain Fritz, I understand that you are appearing here today by virtue

of a request made by Mr. J. Lee Rankin, general counsel of the staff of

the President’s Commission, to Chief Curry asking that certain members

of the police department, including yourself, be present here.

In fact, under the rules adopted by the Commission, every witness is

entitled to a 3-day written notice before his deposition can be taken,

which you have not had, at least directly from the Commission.

On the other hand, the rules also provide that you may waive that 3-day

written notice, and I ask you now whether you are willing to have your

deposition taken now and therefore waive the notice?

Captain FRITZ. I could tell you what happened over there. Is there any

question that I need advice on before I answer these questions? As far

as I am personally concerned, I don’t know of anything that I need any

advice on, but if you think that it is proper that I have advice or

counsel, I would be glad to do what you think is necessary.

Mr. HUBERT. I don’t think so, sir. Of course it is difficult for me to

determine that question. Let me put it this way.

Captain FRITZ. I don’t know of anything that I am hesitant to talk

about, or anything that I wouldn’t care about telling you.

Mr. HUBERT. If there is any time in the course of the deposition that

you would rather have advice on before you proceed, just say so and we

will stop at that point and let you have advice.

Captain FRITZ. I can’t think of anything that I need advice on, but if

you know something I don’t know, just tell me.

Mr. HUBERT. I don’t know. I don’t believe there is either, but it is

hard for me to tell whether you do or not.

Captain FRITZ. I know nothing about this entire case that the truth

won’t fit better than anything else. I don’t know of anything to be

hesitant about, unless there is something I haven’t heard of.

Mr. HUBERT. To come back to the question, are you willing to waive the

3-day written notice that normally you are entitled to?

Captain FRITZ. Yes, sir; I am willing. If there is nothing other

than just the facts of what happened over here at the time of the

assassination, I don’t care for telling you anything about that.

Mr. HUBERT. That is all we are going to talk about.

Captain FRITZ. All right, then.

Mr. HUBERT. All right, will you raise your right hand? Do you solemnly

swear that the testimony you are about to give in this matter will be

the truth, the whole truth, and nothing but the truth, so help you God?

Captain FRITZ. I do.

Mr. HUBERT. Captain Fritz, you are----

Captain FRITZ. You have my previous testimony before the Commission?

Mr. HUBERT. I don’t believe I do, but I was going to state this, that

you have appeared before the Commission and given testimony there, and

I think your qualifications and your position and various statistics

concerning yourself were included in that. Therefore, I don’t believe

it is necessary for us to include any of that material here.

You are a captain of the Dallas police force in charge of the homicide

division?

Captain FRITZ. Yes. Homicide and robbery.

Mr. HUBERT. And have been for how many years? Many years?

Captain FRITZ. Many years; yes, sir.

Mr. HUBERT. There are a couple of matters that I would like to ask

if you know. It may be that you do not know at all. Can you tell us

either from your own knowledge or from what would be normal under the

circumstances, what food was afforded to Oswald from the time he was

arrested on through, if you know?

Captain FRITZ. What food was furnished him?

Mr. HUBERT. Yes.

Captain FRITZ. Of course the food in the jail, I wouldn’t know anything

about. I don’t have anything to do with the food in the jail.

I didn’t remember in the beginning until someone reminded me that we

fed him what he would eat while he was there at the office while we

were talking to him.

Mr. HUBERT. That was Friday on November 22 in the afternoon?

Captain FRITZ. Yes, sir; in the afternoon. He didn’t want a great deal.

He didn’t eat very much, but we brought him what he would eat and

drink. I believe he drank coffee a couple of times. I didn’t remember

those things until the officers reminded me in the office. We do that

for almost all prisoners.

Mr. HUBERT. Did he have supper at the usual hour that day?

Captain FRITZ. I am not sure about that.

Mr. HUBERT. Do you know anything else about the other meals that he may

have had during the Saturday and Sunday?

Captain FRITZ. Saturday and Sunday, I don’t know. I wouldn’t know about

any food other than the things that were brought into the office.

Mr. HUBERT. In other words, that would be strictly up to the jail

personnel?

Captain FRITZ. Yes, sir; that’s right. They take care of the food in

the jail.

Mr. HUBERT. He was returned, I think, and the records would show that,

to the jail at mealtimes? In other words, the interrogation was stopped?

Captain FRITZ. I am not sure. I am not even sure about what time their

mealtimes are in the jail, and they might not have been. They could

have been or could not, but I do know that after being reminded of it

by the officers, he was given anything he wanted to eat or drink while

he was there in my office in the way of milk or coffee or anything of

that nature.

Mr. HUBERT. We also note that an attorney, Mr. H. Louis Nichols,

connected with the Dallas Bar Association, came to see Oswald at some

time. Do you know anything about that as to when he came?

Captain FRITZ. I heard of that, of course, but he didn’t come to my

office. He went to the chief’s office.

Mr. HUBERT. In any case, the interview between Oswald and Mr. Nichols

did not take place when the prisoner was in your custody?

Captain FRITZ. No, sir.

Mr. HUBERT. I understand also that at all times when the prisoner was

in your custody, he was on what is called a “Tempo” in the police

department? That is to say, a release from the jail custody to the

division custody, and also showed the return of the prisoner?

Captain FRITZ. Well, I would have to look at the record to tell whether

that is true, but you know he was brought to my office when he was

arrested. It is entirely possible he had never been to jail when he was

in my office first, so he naturally wouldn’t be under a Tempo, and he

was there for some time before he went to jail.

Mr. HUBERT. But after he----

Captain FRITZ. Then every time we bring him out, he would be on a

Tempo; yes, sir.

Mr. HUBERT. There was an assembly of the press held late at night

of the 22d or possibly early morning of the 23d to which Oswald was

brought. Chief Curry and Henry Wade were there, and there were a number

of press personnel there. It was held in the assembly room. Did you go

to that?

Captain FRITZ. No.

Mr. HUBERT. Do you know anything about it at all?

Captain FRITZ. I knew about it. I know that the chief told me to have

him carried to the assembly room, to the showup room, and I directed

some of my officers to take him down there, but I didn’t attend the

discussion.

Mr. HUBERT. Do you know Jack Ruby at all, or did you know?

Captain FRITZ. Did I know him before; no, sir, I did not. I never knew

him before, to the best of my knowledge. That is the first time I ever

saw him, when he was arrested. In fact, when the shooting happened, I

thought some officer had lost his reasoning and shot that man, because

of so many officers being down there.

And I asked one of the officers quickly if that was an officer that

shot him, and he said it was “Jack Ruby.” And I said, “Who is Jack

Ruby?” And he said, “He owns a club downtown.”

Mr. HUBERT. What officer was that?

Captain FRITZ. I don’t know, some of my officers.

Mr. HUBERT. Of course you have seen pictures?

Captain FRITZ. Several of the officers knew him, but I didn’t know him.

Mr. HUBERT. You have seen pictures of Ruby and perhaps you have seen

him in person since?

Captain FRITZ. Oh, yes; I have questioned him since then.

Mr. HUBERT. Can you search your memory and tell us whether you saw that

same person in and about the police department, particularly the third

floor, on the 22d and 23d?

Captain FRITZ. No, sir; I did not. I was very busy at that time. It is

possible I could have seen him. If I did, I wouldn’t have known him,

because there was 200 or 300 people I didn’t know.

There was a mob scene, a terrible thing, and I would have uniformed

officers help me to get from my office to the chief’s office, to the

elevator, and back, to get through the crowd, so he could have been in

that crowd and I wouldn’t know it. I have heard since, he was in the

crowd, and he probably was. I wouldn’t have known. I would have thought

he was another one of those men from the same crowd.

Mr. HUBERT. Did you have anything to do with the planning of the exact

transfer of Oswald to the county jail?

Captain FRITZ. I can’t say that there was a meeting of any kind

planning the transfer, but if there was, I wasn’t there. At the time of

the transfer, when the chief told me that an armored money truck had

been provided to transfer him, I know it was a surprise to me, because

I had never heard of that. I had never heard of that before, and I told

the chief I didn’t think it was a good thing to try to move him in a

money wagon, because we don’t know the driver or anything about the

wagon, and it would be clumsy and awkward, and I didn’t think it was a

good idea at all.

I had nothing to do with the setting up of the plan, until my talk with

the chief just before the transfer, nor with the setting up of the

security in the basement. None of that comes under my heading.

Mr. HUBERT. When did you become aware that it would be the

responsibility of the Dallas Police Department rather than the

sheriff’s office to transfer Oswald?

Captain FRITZ. The day before the transfer.

Mr. HUBERT. You mean on Saturday?

Captain FRITZ. That would have been on Saturday, I believe. I don’t

want to be too positive about an hour or time, but in one of my

conversations with the chief, I asked him if the sheriff intended to

transfer him or if we would transfer him, and he told me that he had

been talking to the sheriff and we would transfer him.

Mr. HUBERT. You are pretty sure that would have been on Saturday and

not Sunday morning?

Captain FRITZ. No, sir; it wouldn’t have been on Sunday morning. It

would have been before Sunday morning, because some reference was made

about the time of transfer.

Mr. HUBERT. What reference was made about the time of transfer?

Captain FRITZ. Well, in one of my conversations with the chief, you

will see from my testimony, the chief asked me about transferring him

at 4 o’clock the day before, and I told him I didn’t think we could be

through with our questioning at that time.

At that time he asked me about 10 o’clock the next morning, and I told

him we thought we could be ready by 10 o’clock the next morning. We

went, I believe, an hour overtime with the interrogation, but we tried

to finish up by 10 o’clock the next morning.

Mr. HUBERT. Is there anything that makes you certain that the decision

that the Dallas Police Department would be responsible for the transfer

rather than the sheriff’s office, was made on Saturday rather than

Sunday?

Captain FRITZ. On Saturday rather than Sunday, I am sure that it was,

because I had talked to the sheriff one time myself during one of those

previous days, and I made some remark to him, something about the

transfer, and he told me to bring him on when we were ready; so I can’t

tell you exactly what conversation that was, but it was pretty well

understood we were to do the transferring.

Mr. HUBERT. That was a departure from the usual system?

Captain FRITZ. We transferred a great many of the prisoners in major

cases. It is not a usual thing. We don’t do it every day, but we often

do it in major cases. It isn’t the sheriff’s duty to transfer the

prisoner. It is usually done by a constable.

Mr. HUBERT. You get a constable under the authority of the sheriff?

Captain FRITZ. No, sir; under the authority of the constable. That

is the usual procedure. But it is not unusual in major cases where

we think that certain precautions should be used, for us to make the

transfer. In fact, I transferred Ruby.

Mr. HUBERT. Why is it that you do it rather than the sheriff?

Captain FRITZ. It is just a matter of safety. It wouldn’t make a bit of

difference with us who transferred him, just so that he was transferred

safely and carefully. We don’t care. The sheriff sometimes transfers

them. If I call him; when I think a man is a little bit unruly, the

sheriff often handles the transfer.

I started to tell you, after they are filed on, they become the

sheriff’s prisoner. I couldn’t tell you about the rules of transfer,

why the constable transfers the other prisoners instead of the sheriff,

but that is the usual thing.

Mr. HUBERT. Would it have been possible for you to have made the

investigation and the interrogation of Oswald that was made on Saturday

and Sunday morning at the county jail rather than in the homicide

office?

Captain FRITZ. No, sir; that wouldn’t have been good at all.

Mr. HUBERT. Can you tell us why?

Captain FRITZ. Well, there are many reasons. First our records wouldn’t

be there, would be one thing, and we wouldn’t have the witnesses at the

county jail for the lineups and would be out of contact with the office

for incoming information. The city hall would be quite a distance

from us. There are certain other things that might interfere with

questioning at the county jail. It was bad enough where we were.

Mr. HUBERT. As a matter of fact, where you were was a pretty bad

situation for it?

Captain FRITZ. Ordinarily it wouldn’t be such a bad situation. It was a

bad situation because of all that news media that had turned into a mob.

Mr. HUBERT. That is what I was getting at, whether or not any

consideration was given to moving Oswald to the county jail actually

to get away from the crowd and conduct the investigation under the

conditions that wouldn’t involve the crowd?

Captain FRITZ. No, sir; I don’t think that would have been good at all.

That would be completely away from the office and the records and the

some 15 or 20 officers that were required to conduct the investigation,

and we would have to move our entire organization to the county jail,

which would have been impossible.

Mr. HUBERT. Now did you tell Chief Curry that you were concerned about

the mass of people on the third floor?

Captain FRITZ. No. I am not sure that I spoke to him about this. I did

speak to some of the officers about giving us some help in the hall,

because the people were crowding us. They did assign two uniform men

to my door. I didn’t have to ask for that. Some of the chiefs did that.

They could no doubt see what I could see. They assigned two men to my

door, and kept the door locked, and we only admitted the officers and

people who should come in. Then they supplied some other officers to

move the people down the hall so we could get back, because we had to

go back and forth to the chief’s office or to the elevator.

Mr. HUBERT. Were you aware on Sunday the 24th that there was quite a

crowd of people in the basement, which was a part of the transfer route

that was being planned?

Warren Commission (15 of 26): Hearings Vol. XV (of 15) · 第 21 / 118 段