Mr. KAUFMAN. Well, Tom Howard, I think, talked to me several times

about this Rubenstein deal. I would call Tom Howard and say, “The

Jewish community is in an uproar about this, I had a call from

so-and-so,” and this was true--this is true. In fact, I had a call

from Julius Schepps and some of the most responsible and influential

people we do have in Dallas too, and they said to me, “I hope you are

not going to get involved in this case,” and to Julius I remember I

said, “Well, Julius, you know--” he heard my name mentioned, and I

said, “Julius, if I were able to represent the man I would” and I told

him how I felt, and in my conversation about it he indicated that the

whole country was concerned about it. So, I would keep on to Tom Howard

about this--I said, “Man, this is just wrong that these people here in

Dallas feel that someone is trying to just incite a bunch of prejudice

into this and that’s not right.” I told him that Jack Ruby should be

tried as Jack Ruby and not anything else. So, I would get in touch

with Tom and did on many occasions, and I’ll say to you this quite

frankly, that I talked with Tom and when they cited him to go before

the Grievance Committee, that I would personally appear voluntarily

to tell them that there had been a great deal of pressure put on

about this Rubenstein deal and I so advised the FBI at the time and

told them that I had been bothered, molested, called and so on about

the Rubenstein part, and that people didn’t like it and they didn’t

know why it was injected into it, and that Chief Curry apparently had

started it when they made this announcement on TV when he told them

that his name was Rubenstein, alias Jack Ruby, and that this was not a

reflection on Henry Wade and it was not a reflection on anybody that I

knew, except somewhere along the line someone had either in error or

either intentionally started this business about Jack Rubenstein.

Now, the reason I say this--later, if you recall, there were a number

of TV stories on a Jack Rubenstein who is supposed to have been, and

these are things that I didn’t even know about but I read about it

in the paper, and heard it on TV that he was supposed to have been a

questionable character that had been cited by the House Un-American

Activities Committee, and Tom Howard even indicated to me that he had

gone to the trouble of going to the public library and looking it up

or had someone do it, of checking all the Jack Rubensteins in all the

major cities, that there were many, many Jack Rubensteins, and where

they got this business he didn’t know and why they were trying to do

this, he didn’t know.

Yes, sir; I was contacted and contacted by others and I will say this:

Mr. Ted Freedman from the southwestern regional office of ADL came

up to Dallas and he was in my home and he wanted to know whether or

not I felt that the antisemitism had been injected into this case and

I told Ted that as far as I knew it had not been, that this was not

intentional, that it was an accident perhaps, and in talking with Tom

Howard, he had talked to some of the major newspaper writers who were

in Dallas at the time and some of the major magazines that had been

here at the time, and they felt likewise that there was no antisemitism

that had been purposely injected into the matter, but the damage was

already done, Mr. Hubert.

Mr. HUBERT. Yes.

Mr. KAUFMAN. If there was any damage, it was already done, and there

was no way of erasing it, and believe me, this was a great concern of

many, and I could go on and on and on and tell you the concern that

many had for it.

Mr. HUBERT. I have one final matter I would like to ask you about. I

have been advised that you represented an individual who happened to be

in jail on the day the President was shot and had a view through the

window?

Mr. KAUFMAN. Yes; this was an interesting development, Mr. Hubert.

As I told you before we took the deposition, I represent a number of

insurance companies and when I say a number, I maybe have three or four

that we do defense work for, and when I talked to Mrs. Stroud of the

U.S. attorney’s office, I told her that----

Mr. HUBERT. That was just a couple of days ago?

Mr. KAUFMAN. Yes, sir; when I received the notice from the Committee.

I had a case styled Lowe versus Mitchell that was in the 44th Judicial

District Court and I was representing this, as I say, on behalf of an

insurance company, and this boy, Willie Mitchell, a colored boy who we

incidentally had a great deal of trouble getting into a defendant’s

case. He felt that he had already served his term in jail and that he

didn’t owe any debt to society moneywise or otherwise, and there was

a serious question of whether we were going to continue to defend him

or whether or not he had any coverage, but notwithstanding that, we

did settle his case, and I did get him to come by the office one day

for an interview, and in the course of my conversation he let me know

that he was in the jail serving a DWI offense at the time the President

was killed, and I sat back and forgot about the automobile accident

and just let him talk, and he related how all of these prisoners up

in jail had been advised by the jailers and that they had read in the

newspapers that the President was coming to town, and they looked

in the papers and they saw the route, how the President was coming

to town, and the jailers told them where and that they were coming

and they congregated at this window--I mean--this side of the jail.

Apparently they had a good view of what took place, and he described

to me exactly, and when I say “exactly,” he didn’t see anyone in that

window, but I did tell Mrs. Stroud that I thought it might be helpful

to the Commission to know that there were people in jail who saw the

actual killing.

He described the President as having been hit from the rear and he said

there was no question in his mind that the bullet came from the window.

He said when the President’s head was hit, it was just like throwing a

bucket of water at him--that’s the way it burst. He said it made him

sick and everybody else sick up there.

I felt that Mrs. Stroud should know this and would want the Commission

to know it for the reason that there seems to have been some question

as to what I’ve read in the newspaper as to whether or not there was

more than one bullet and whether or not the bullet came from the back

or came from the front.

I was a small-arms instructor myself over in China, having been trained

in the infantry school in Fort Benning, and I certainly feel I would

love to, if I could, volunteer anything that would be helpful to the

Commission, and if that information were helpful, I will be glad to get

Willie Mitchell’s address and furnish it to you.

Actually, I don’t know who else was in jail. I do know that Willie

Mitchell was, and I had even suggested that he get in touch with the

Warren Commission, but he just has as many people have this “I don’t

want to get involved” attitude. I mean, he felt that he had already

been too much involved with that DWI and didn’t want to get involved

with anything else.

Mr. HUBERT. Does Mitchell live in Dallas?

Mr. KAUFMAN. He’s a construction worker and lives in Dallas.

Mr. HUBERT. I would ask you to do this, would you address a note to Mr.

J. Lee Rankin, general counsel of the Commission?

Mr. KAUFMAN. I have his address on the letter of transmittal.

Mr. HUBERT. Would you advise him that in the course of this deposition

the question of Willie Mitchell came up and that I asked you to furnish

the address that you have for him?

Mr. KAUFMAN. All right.

Mr. HUBERT. And that you are doing it at my request?

Mr. KAUFMAN. I will be happy to, and incidentally, I did mention

this to Sheriff Decker. This is no surprise, and I did tell Sheriff

Decker--because I had asked Willie Mitchell how many people had talked

to him about this, whether or not anyone had come up to the jail to

discuss this with any of the prisoners, and he did indicate that there

were some people but he thought they were probably just people from the

jail office rather than anyone else.

Mr. HUBERT. When did you tell Sheriff Decker about it?

Mr. KAUFMAN. Right after I found out about it.

Mr. HUBERT. And when was that?

Mr. KAUFMAN. Well, the case was settled, I guess, about 5 or 6 or 7

weeks ago. It’s been within the last 2 or 2½ months, maybe. I believe I

was down there one Saturday afternoon and was talking to him about it.

Mr. HUBERT. Is there anything else you wish to say, Mr. Kaufman?

Mr. KAUFMAN. Well, that’s very kind of you to turn the record loose

to me here where I could go ahead and make any statements. I would

like to say this, Mr. Hubert, that frankly I certainly would give any

additional information that you would want to know now or at any time,

whether by interrogatories by letter, and I assure you that you have

my utmost full cooperation. I know what the function of the Commission

is--I have read it. I know that it’s a difficult task that you have and

whether you can ever come up with the conclusions that the American

people want, I don’t know. I certainly feel that many people won’t

believe the findings of the Commission, that they’ve already prejudged

this thing. I think what you are attempting to do is a worthy project

of the President, the Chief Justice, and all I’m sure they are doing is

trying to get to the root of it.

I won’t go into my feelings about the trial of Jack because I know

you know I am rather prejudiced about it. I do feel that a great

injustice has been done. I wouldn’t tell a story for him, though, or

tell a lie. I am here to tell the truth, the whole truth, and nothing

but the truth. I think that Jack, notwithstanding what I read in the

Dallas Morning News today, was acting on impulse. I think that he did

something that many, many Americans--good red-blooded Americans would

have done. I don’t justify it. I don’t condone it. I don’t say it

is the right thing to do. I have had a number of calls where people

thought he should have gotten a medal.

I think there is certain testimony that should have been brought out

that wasn’t. I have questions about the defense of Jack Ruby as a

lawyer. I have some feelings about statements that have been made about

the oligarchy of Dallas. That’s why I say to you, when you asked me if

there is anything else I could say, I could certainly lend a lot of

thought that I’m sure would have no bearing on it, but the only reason

I’m making this statement is that I do feel that it’s very difficult

in reviewing depositions to get the same feeling you do when you look

a person in the eyes; when you get to sit across from them you get to

feel the warmth of a person, that notwithstanding the good work of a

reporter, these things cannot be reflected in a written deposition,

and in the Commission’s later reading this--I’m just trying to reflect

a little of my personality so that they would know that I am not a

vicious person and I am not a person who has any malice towards anyone.

I mean, I personally as a lawyer and trained as a lawyer, think that

the facts should be brought out, and I think that the things that have

motivated people in their testimony, whether it’s before the Commission

or otherwise, certainly is worthwhile. I think there have been

tremendous pressures put on people involved in this case, whether it’s

me or anyone else. As I pointed out, the tremendous pressures that were

put on me those first few days because my name was mentioned, is what I

refer to. I think that there was tremendous pressure put on the lawyers

who tried this case.

I think the Ruby family were not treated fairly in the opportunity of

getting fair counsel. I think they had a very difficult time employing

counsel locally. I think the fact that they had to go out of the State

to get counsel is not because they wanted to go out of State. I think

that they had many, many problems that I can’t discuss with you because

perhaps the relationship of client-attorney is involved. I believe

there are many people who have been involved as lawyers who have

had tremendous pressure put on them. I think that even the district

attorney’s office has been put under tremendous pressures, and this

is an unfortunate situation, because if you believe in justice, if

you believe in truth, if you believe in righteousness, you would say

certainly that these things--you have to get these pressures taken off

of you.

I have had many, many people tell me about the future of this appeal,

that they feel that the pressures will have more to do with it than the

law. I think this is wrong. I think that this case should be decided

as a matter of law, not as a matter of prejudices or pressures, and I

certainly think that the Commission should let the chips fall as they

will, that they shouldn’t be subjected to pressures. I don’t think that

those who are on it probably would be, but they are human beings and we

all have human frailties. I think we can only take so much and I think

this is what happened to Jack Ruby.

In closing, I would like to say this--that one of the things I have

alluded to is this point about Jack not walking into a police station

to make a sacrifice of himself with the money in his pocket. I think

that the physical facts--you can see premeditation on a man like Lee

Oswald, but the fact that he had a planned method in this whole thing.

In my opinion he had a plan not only of accomplishing his mission but

of a getaway.

You take a man such as Jack, as I see this situation and as I have

found from information that has been told to me, not by Jack but from

outsiders, Jack could never have known the plan of removing Lee Oswald

from the jail, that it had to be something that just happened. These

physical facts are there and I’m sure the Commission has them.

Mr. HUBERT. I think you’ve mentioned to me that it is your opinion that

as you knew Jack Ruby, he would not walk into jail----

Mr. KAUFMAN. With several hundred dollars in his pocket.

Mr. HUBERT. Intending to shoot somebody with the certainty of being

caught?

Mr. KAUFMAN. That’s right. Knowing Jack Ruby as I did, knowing his

financial situation, I feel that if the story that I read in the paper

this morning was correct, that he considered himself a sacrifice, I

just can’t believe this, because I would say that if he did do this,

Mr. Hubert, I feel, knowing him, that Jack would have taken his money

and left it with his sister or left it with his bartender or left it

with someone, but I don’t believe Jack Ruby would have walked into

the jail with his money, and leaving his dogs elsewhere, with the

understanding he was going to make a sacrifice out of himself and be

caught, because this does not demonstrate to me the actions of a sane

person--to walk into a place with your money, with your dogs here, and

without any plan of getting away or a plan of getting out of it.

Mr. HUBERT. And you say that’s inconsistent of what your estimate of

Jack Ruby as a human being was?

Mr. KAUFMAN. Yes.

Mr. HUBERT. You made reference to what you read in the paper this

morning, and I take it you are referring to the front page story of the

Dallas Morning News by Carl Fruend?

Mr. KAUFMAN. By Mr. Fruend.

Mr. HUBERT. Who writes a story concerning the interview of Jack Ruby

with the Chief Justice, is that correct, that’s the story?

Mr. KAUFMAN. That’s correct.

Mr. HUBERT. I wanted to identify it.

Mr. KAUFMAN. Yes, sir; in other words, the story you refer to is a

story that purports to be a copyrighted story regarding the testimony

of Jack Ruby before the Chief Justice and other members of the

Commission or whoever was present, and in which the story relates that

Jack said he went down there for a twofold purpose. One was to send a

telegram and the “other”--referring to the elimination or assassination

or the killing of Lee Harvey Oswald, and I say that I believe that’s

inconsistent with the man’s personality and with his actions--with the

man that I know.

Mr. HUBERT. Now, prior to the commencement of this deposition, we did

have some conversation, and in order that the record can be clear

on the point, as I now look back, we have covered in the deposition

everything that we spoke about prior to the deposition, isn’t that

correct?

Mr. KAUFMAN. That is correct, Mr. Hubert.

Mr. HUBERT. So that there is nothing that has passed between us that

has not been recorded.

Mr. KAUFMAN. There is nothing that has passed between us that has not

been recorded, and I believe further that we had a further conversation

prior to that in which you had indicated, just as you did in the

deposition, that we could invoke our privilege, and I had indicated

to you that if necessary I would go off the record and give you the

information, and you further requested that I do not go off the record

because there would have to be other explanations, and we have not gone

off the record, that all of our conversations before and after have now

been, I believe, correctly reported.

Mr. HUBERT. Thank you very much. You have been very helpful indeed.

Mr. KAUFMAN. Well, I hope so.

Mr. HUBERT. We are trying to get the picture of the man.

Mr. KAUFMAN. Well, that’s what I tried to give you and that is all I

can do.

Mr. HUBERT. I might state to you, too, you know that we are far more

interested in this man just from the newspaper standpoint. We are

building this record so that in a hundred years from now, a person

reading it can make sense of it.

Mr. KAUFMAN. Well, I wish that I were an artist, but I’m not that

articulate, but you see, this is what’s wrong, and our good reporter

knows that many times when we see these depositions, we say, “Do we

sound that bad?” Sometimes a reporter will edit them, but they are not

supposed to. I mean, they may make us sound a little better.

I will further say frankly, that the worst part of this is that it is

impossible for the Commission when they read all this and try to digest

it, to see the people and how they feel, and if they could see the

people I think it would be so much more helpful to the Commission.

Mr. HUBERT. Yes; I can understand that. And again, let me say how much

we thank you for coming today.

Mr. KAUFMAN. All right, thank you.

TESTIMONY OF DANNY PATRICK McCURDY

The testimony of Danny Patrick McCurdy was taken at 4:15 p.m., on June

26, 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.

Mr. HUBERT. This is the deposition of Danny Patrick McCurdy.

Mr. McCurdy, my name is Leon Hubert. I’m a member of the advisory

staff of the general counsel on 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 the Executive

order and the joint resolution, I have been authorized to take a sworn

deposition from you. I state to you now that the general nature of

the Commission’s inquiry is to ascertain, evaluate and report upon

the facts relative to the assassination of President Kennedy and the

subsequent violent death of Lee Harvey Oswald.

In particular, as to you, Mr. McCurdy, 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 and about

Jack Ruby and his operations and movements and associates and so forth

on a certain date.

Now, I believe you have appeared here today by virtue of a letter

written to you by Mr. J. Lee Rankin, general counsel of the staff of

the President’s Commission asking you to be present.

Mr. MCCURDY. Right.

Mr. HUBERT. Do you remember the date of the letter?

Mr. MCCURDY. I am not sure. I think it was the 22d, if I’m not

mistaken, is when I got it. It was dated the 22d at the top of the

letter.

Mr. HUBERT. When did you get it?

Mr. MCCURDY. About the 23d or 24th.

Mr. HUBERT. Well, under the rules adopted by the Commission every

witness is entitled to a 3-day written notice prior to the taking of

his deposition, dating from the date of the request, and it is probable

therefore that the rules have been complied with, but in any case the

rules do provide that a witness may waive that 3-day notice, and I ask

you whether you are willing to go ahead and testify now?

Mr. MCCURDY. Yes; I will go ahead and testify right now.

Mr. HUBERT. Would you stand up and take the oath, please, sir?

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?

Mr. MCCURDY. I do.

Mr. HUBERT. Mr. McCurdy, I have heretofore, a little while ago,

handed you a document consisting of two pages which I have marked

for identification as follows: On the first page in the right-hand

margin I have marked the words “Dallas, Texas, June 26, 1964, Exhibit

No. 1, Deposition of Danny Patrick McCurdy” and on the second page I

have placed my initials in the lower right-hand corner. This document

purports to be the report of an interview of you by FBI Agent Coleman

Mabray on November 29, 1963. Have you read this, sir?

Mr. MCCURDY. Yes; sure have.

Mr. HUBERT. Can you tell us whether this is a correct report of the

interview?

Mr. MCCURDY. Well, basically it is. There are two or three

discrepancies at the end. I suppose they misunderstood me, but they’re

not earth shattering or anything about the conversation that I had with

Jack.

Mr. HUBERT. You are referring to page 2?

Mr. MCCURDY. Right--it says, “McCurdy advised that he ended his

conversation with Ruby and he entered the diskjockey room”. Now, our

conversation took place in the diskjockey room, that is, our console

room, and not the newsroom.

Now, Jack spent the majority of the time in the newsroom with our

newsman, Glenn Duncan, the man that just left, and a man by the name of

Russ “Knight” Moore, who is now at WXYZ at Detroit, Mich., and also

a gentleman named Pappas that I mentioned--I can’t remember what his

first name was, but anyway he’s a newsman with WNEW in New York City,

but Jack’s conversation and my conversation took place by ourselves in

the control room. Now, he was in the control room at the time. There

is another discrepancy down here, and it says I had met Ruby one time

before.

Mr. HUBERT. That’s in the fourth paragraph.

Mr. MCCURDY. Actually, I had been with him twice. I had been to his

club twice, rather than just once--it’s once--right here, and in the

same paragraph it says, “So far as I know Ruby is not a personal friend

of anyone at the station.” This is not true. He was a friend of Russ

Moore. Now, Russ didn’t really appreciate his friendship, but he was a

friend of Russ and this clarifies the last paragraph where it says, “I

have no idea how Ruby obtained the telephone number at the station.”

He knew several of the diskjockeys, one who had left the radio station

earlier named Chuck Dunnaway--Charles Dunnaway who is now in Beaumont.

He knew him, so I could easily see how he got the telephone number of

the unlisted phone number--either through Chuck or Russ, or possibly

one of our newsmen, that he possibly knew.

Mr. HUBERT. Is this an incorrect report or is it that you did tell this

to the FBI people and now your memory is clearer on it?

Mr. MCCURDY. I don’t exactly know. I can’t remember telling Mr.

Mabray anything. Of course, it was such an informal conversation we

had anyway, that these are actually I’m sure not earth shattering

discrepancies, but Mr. Mabray was handwriting most of the stuff and

some of the questions--I’m sure he wrote down answers that were

understood rather than--since he wasn’t there, he couldn’t understand

the setup of the control room. Now, we are in a new control room now

over across the street, but at this particular time I suppose maybe my

description of the control room--the difference between the control

room and the newsroom possibly didn’t make it clear in Mr. Mabray’s

mind as to the difference.

Mr. HUBERT. Well, in any case, with the exceptions that you have noted,

the document which has been identified Exhibit No. 1 is substantially

correct?

Mr. MCCURDY. Correct; entirely correct.

Mr. HUBERT. Apparently you talked to Ruby about 5 minutes after he

arrived with the sandwiches; is that correct?

Mr. MCCURDY. Yes, sir.

Mr. HUBERT. You were alone with him, I believe, at that time, were you

not?

Mr. MCCURDY. Yes.

Mr. HUBERT. What was the nature of the conversation?

Mr. MCCURDY. Well, now first of all--Jack and I met in the newsroom.

I went back with him to the newsroom and we had the sandwiches and

everything and I grabbed a sandwich and started back to the control

room and Jack walked part of the way back with me and he stopped in the

hall.

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