Mr. JENNER. My question related to your statement that he was sent in

Dallas in November of 1963 where a job in a suitably located building

had been arranged for him. Did any of these people purport to have any

personal knowledge of that matter?

Mr. OLIVER. Only what they had heard concerning the way in which he

obtained his employment; yes.

Mr. JENNER. Their sources, in turn, were newspaper reports and rumors

and things of that nature at large in the community.

Mr. OLIVER. I would think so; yes.

Mr. JENNER. Proceeding to page 14, I won’t read all of the paragraph,

it begins at the bottom but you just glance at it, you refer to the

fact that he shot the President from ambush, and then he escaped and

you surmised that he would have reached Mexico but for some mischance

and the intervention of Officer Tippit, and you conclude that paragraph

with a sentence, “He was accordingly liquidated before he could make

a complete confession.” The implication of that sentence is that he

was killed, his death was procured by some evil source, being, I take

it, the Communist conspiracy or Communist Party to which you have had

reference. Am I correct about that?

Mr. OLIVER. That is what I regard as a reasonable inference from the

facts; yes.

Mr. JENNER. It was an inference that you drew.

Mr. OLIVER. Yes.

Mr. JENNER. Now you state in the next sentence, “There are many

other significant data but I have stated the essentials.” What other

significant data are there or were there at the time you made that

statement. I might interject as you are pondering that, to a learned

man such as you, at the word “data” as you used it meant your sources?

Mr. OLIVER. Yes; facts. It would be difficult for me at the moment to

remember and reconstruct completely what was in my mind, the list of

data there.

Mr. JENNER. Give me the best; just do the best you can, sir.

Mr. OLIVER. However, I would have particularly taken into consideration

as significant data the various indications of contacts between Oswald

and Rubenstein, known as Ruby, the man who killed him, prior to the

assassination. That would include such matters as a statement made by

a, should I say, the announcer or director of a program called “Open

End.”

Mr. JENNER. Open End?

Mr. OLIVER. Open End, on a local Dallas station--this is not the

national program as I understand it--to the effect that he had seen

Rubenstein behind the Depository shortly after the assassination. The

statement of the owner of a tourist lodging, should we say, in Waco,

that a man whom she identified as Oswald had stayed at her place and

had been joined by a man whom she identified as Rubenstein. By the

statement of a mnemonics expert in Rubenstein’s club that he had seen

Oswald.

Mr. JENNER. When you say “club,” you mean the Carousel Club?

Mr. OLIVER. Carousel Club, actually a striptease joint, that he had

seen Oswald in the club shortly before and as he later stated the day

before the assassination.

Mr. JENNER. Whom did you say this was that made this report?

Mr. OLIVER. This was a man named Bill Crowe.

Mr. JENNER. Crowe?

Mr. OLIVER. C-r-o-w-e.

Mr. JENNER. Where did you see that report or how did you see it?

Mr. OLIVER. That was reported in the press at the time. And was later

confirmed by a special interview with him that was published in the

National Enquirer.

Mr. JENNER. Do you have that issue of the Enquirer with you?

Mr. OLIVER. I do not but I believe you will find a reference to it in

the issue that I have given you there.

Mr. JENNER. That is Oliver Exhibit No. 5?

Mr. OLIVER. That is correct.

Mr. JENNER. Would you locate it for the record, please?

Mr. OLIVER. Yes; “The Enquirer traced DeMar, and that is the stage name

of this man Bill Crowe to an Evansville, Ind. nightclub and questioned

him on April 11. He told our reporter that he had seen Oswald sitting

in the Carousel on the night of November 21, the night before Oswald

assassinated President Kennedy.” DeMar said “I gave the FBI a statement

about seeing Oswald in the club and that was it. I told them the same

thing I am telling you. I have signed it and have heard nothing more

about the incident to this day.”

Mr. JENNER. Had you read all of the article by, either by, or referring

to DeMar from Oliver Exhibit No.----

Mr. OLIVER. Yes; I did finish the excerpt.

Mr. JENNER. What is the number of the Exhibit?

Mr. OLIVER. No. 5. And there were other indications of contacts between

Oswald and Rubenstein before the assassination.

Mr. JENNER. And I take it your assumption was at the time you published

the article that Rubenstein himself was a Communist agent.

Mr. OLIVER. That seemed a reasonable inference; yes.

Mr. JENNER. And your source of that was the sources you have just

indicated?

Mr. OLIVER. Yes; plus, of course, the fact that he either executed or

murdered Oswald.

Mr. JENNER. Your statement in the right-hand column that “It required

a gunman from outside to do the job,” in which you are referring to

Rubenstein, was based on what, that is a gunman from outside.

Mr. OLIVER. Well, Rubenstein was not a member of the Dallas police.

Mr. JENNER. I see. Someone other than the member of the Dallas police

is what you meant to imply.

Mr. OLIVER. Yes.

Mr. JENNER. You go on in a subsequent paragraph to say, “As was to be

expected a few moments after the shot was fired in Dallas the vermin

probably in obedience to general or specific orders issued in advance

of the event, began to screech out their disease hatred of the American

people and, long after the facts were known to everyone, went on

mechanically repeating, like defective phonograph records, the same

vicious lies about these ‘radical right’ until fresh orders reached

them from headquarters. But the significant fact is that there were

enough honest American newsmen, in the United States and abroad, to

make it impossible to conceal the conspiracy’s connection with the

bungled assassination.”

“That is very encouraging.”

Now, your statement “probably in obedience to general or specific

orders issued in advance of the event” I take it that is an inference

or an implication you drew from the sources of information already

related to us.

Mr. OLIVER. Right, from the rapidity and the concert, both, of these

attacks on patriotic Americans.

Mr. JENNER. Yes. This is a conclusion or a deduction on your own part

of conclusions you reached from the information sources you have

indicated, is that correct, sir?

Mr. OLIVER. That is right. I trust that the Commission will inquire

into the phenomenal rapidity with which the special bulletin of The

Worker was distributed in New York.

Mr. JENNER. Yes, sir; but I would urge you to drop the future tense.

Mr. OLIVER. Very good. I am glad to see that it has been done.

Mr. JENNER. Then commencing on page 15 you say, “There were two

basic”--I am reading the first full paragraph--“There are two basic

reasons why the American people were shocked and grieved by the

assassination. Neither has anything to do with either the personal

character of the victim or the identity of the assassin.” Do you find

the place?

Mr. OLIVER. Yes.

Mr. JENNER. And then you relate (1) and (2). I take it that (1) and (2)

were conclusions and reasoning to which you resorted, is that correct,

sir?

Mr. OLIVER. That is right. On the basis, of course, on my knowledge of

human history.

Mr. JENNER. Your knowledge of human nature and history and the sources

of information you have already told us about?

Mr. OLIVER. That is right.

Mr. JENNER. Were there any others, that is sources?

Mr. OLIVER. No.

Mr. JENNER. Now, we will pass to page 18. There is a column headed

“Three Explanations”. Do you find it?

Mr. OLIVER. Right.

Mr. JENNER. It reads in part, “Why was Kennedy murdered by the young

Bolshevik? With a little imagination it is easy to excogitate numerous

explanations that are not absolutely impossible. For example, (a)

Oswald was a madman who acted all alone just to get his name in the

papers; (b) Oswald was a poor shot who was really trying to kill

Governor Connally or Mrs. Kennedy, and hit the President by mistake;

(c) the person killed was not Kennedy but a double and the real Kennedy

is now a guest aboard a flying saucer, on which he is heroically

negotiating with Martians or Saturnians to save The World, cap ‘T’ cap

‘W’. With a little time and a fairly wide reading in romantic fiction

anyone can think of 60 or 70 fantasies as good or better than those

that I have mentioned.”

And the next paragraph:

“On the evidence, however, and with the consideration of human

probabilities there are only three explanations that are not

preposterous, viz:”

To what did you refer when you used the reference “On the evidence.”?

Mr. OLIVER. On the evidence that I had already stated.

Mr. JENNER. You mean that which you have stated here in the course of

the testimony?

Mr. OLIVER. Yes; and also stated in this article. That is, the evidence

that has been stated; my testimony has related to the previous parts of

this article.

Mr. JENNER. That is pages 13 through 17 and up to this point on page 18?

Mr. OLIVER. Yes.

Mr. JENNER. You were using the term “evidence” in the general or loose

sense?

Mr. OLIVER. Yes, not in the sense of sworn testimony as a lawyer would

use it.

Mr. JENNER. Yes, not in the sense of primary sources, is that correct?

Mr. OLIVER. Yes. Of course, we run into a curious question, the

definition of primary sources. There are many modern historians who

would list the newspapers, for example, as primary sources.

Mr. JENNER. Depending on their use, yes.

Mr. OLIVER. As distinct from, let us say, textbooks which would be

secondary sources. I am here assuming primary sources means some direct

positive evidence other than the printed reports, et cetera.

Mr. JENNER. I don’t wish to compromise you, of course. When I use the

term “secondary” or “primary” sources I am using it in a sense that

a lawyer uses it. Newspaper reports we would generally refer to as

secondary sources. We would have to go to the primary source on which

the reporter based his article in order to get something in evidence.

If we were trying to prove a general milieu, newspaper accounts as to

an atmosphere at a particular time or something of that nature they

would be admissible. But as to your sources here, I understand the term

secondary sources means newspaper reports, articles or even books on

which you retired, as distinguished from personal knowledge.

Mr. OLIVER. That is right. I just wanted to be sure this was no

misunderstanding of the term.

Mr. JENNER. I don’t wish it misunderstood either. I am not going to

read your three suppositions, they are your conclusions rather than

statements of fact. I use the word supposition in the sense that I am

thinking in terms that they are your conclusions.

Mr. OLIVER. That is right.

Mr. JENNER. Your conclusion first is, and I quote, “Kennedy was

executed by the Communist conspiracy because he was planning to turn

American.”

What was it, your source of that statement?

Mr. OLIVER. Well, as I have indicated; what I called there the

comforting hypothesis that one heard so frequently since Kennedy’s

inauguration, and which one still hears, that he had in his mind a

secret plan, that his policies and the people with whom he surrounded

himself in the opening years of his administration were intended to

provide a demonstration of their fatuity and probable disloyalty--the

fatuity of the measures and the probable disloyalty of the many

persons involved; that he was planning to execute, as I said here, a

volte-face and make a dramatic gesture and espouse a policy of national

independence instead of “interdependence.”

Mr. JENNER. You follow the statement I have quoted, with this

statement, Doctor, “For this comforting hypothesis there is no evidence

now known.” As of this moment is there any “evidence now known” to you?

Mr. OLIVER. None that is known to me. So far as I know that is still

conjecture and what is sometimes called wishful thinking. I may say if

there is any evidence of it I should be very happy to hear it.

Mr. JENNER. Point No. 2 appears in the right-hand column, and I read,

“That the assassination was the result of one of the rifts that now

infrequently occur----”

Mr. OLIVER. Pardon me, “not infrequently.”

Mr. JENNER. Pardon me--“not infrequently occur within the management of

the Communist conspiracy whose satraps sometimes liquidate one another

without defecting from the conspiracy, such as Persian satraps.”

Would you read the rest of it, you have a couple of words in there I am

not----

Mr. OLIVER. “Just as Persian satraps, such as Tissaphernes and

Pharnabazus made war on one another without revolting or intending to

revolt against the King of Kings.”

Mr. JENNER. This point No. 2 is as in the case of point No. 1, a

rationalization on your part.

Mr. OLIVER. I would prefer to call it deduction on my part.

Mr. JENNER. I will accept the amendment.

You then say, “Now, it was generally suspected for some time before

the assassination that Khrushchev and Kennedy were planning to stage

another show to bamboozle the American suckers just before the election

next November.”

What is your source, if any, for the statement that Khrushchev and

Kennedy were planning, as you put it, another show?

Mr. OLIVER. The frequent reports of preparations for an invasion of

Cuba planned, it would seem, to substitute for Castro a less-well-known

Communist.

Mr. JENNER. Here again this was a statement of deduction on your part?

Mr. OLIVER. Yes.

Mr. JENNER. From newspaper accounts and radio broadcasts and general

information that was abroad?

Mr. OLIVER. General information, rumors you pick up, what you are told

by various analysts and so on.

Mr. JENNER. Would you turn to 3 which appears on page 20? This is your

third deduction, I gather:

“That the conspiracy ordered the assassination as part of a systematic

preparation for a domestic takeover. If so, the plan, of course, was

to place the blame on the ‘rightwing extremists’ (if I may use the

Bolshevik’s code word for informed and loyal Americans), and we may be

sure that a whole train of “clues” had been carefully planted to lead

or point in that direction as soon as Oswald was safe in Mexico.”

What was the source of that statement in your article?

Mr. OLIVER. This again is deduction.

Mr. JENNER. From the sources you have already related in your testimony?

Mr. OLIVER. Yes.

Mr. JENNER. You then in the right-hand column proceed to discuss “two

objections to this explanation” and I interpolate, “but neither is

cogent”. You continue on then with deduction again, do you, sir?

Mr. OLIVER. That is right.

Mr. JENNER. Based on the same sources?

Mr. OLIVER. Yes.

Mr. JENNER. I notice that three-quarters of the way down in the

right-hand column on page 20 you state, “For that matter, a potentially

serious and quite unnecessary mistake was made when the Communist

Party’s official publication, The Worker, yelled for the appointment

of Earl Warren to investigate ‘the assassination’ before (italicized)

the appointment was made, or at least, before the appointment was

disclosed to the public.”

I take it that statement was based on some news report?

Mr. OLIVER. On the actual publication in The Worker of this article

calling for the appointment of Warren.

Mr. JENNER. I know we have that.

Mr. OLIVER. I am sure you must have. It is a well-known publication.

Mr. JENNER. Yes. But the statement I have just read was based upon that

issue of The Worker to which you have now made reference.

Mr. OLIVER. That is right.

Mr. JENNER. You made a deduction from that fact of publication?

Mr. OLIVER. That is right.

Mr. JENNER. Proceed to page 21. The lower right-hand corner of page

21 commences a paragraph the first few words of which or the first

sentence of which reads “Careful observers were aware of the feeling of

crisis in conspiratorial circles before the assassination.”

On what was that statement based, or to be more accurate what was the

source from which you made that deduction, if it is one.

Mr. OLIVER. My conversations with fairly numerous observers of the

conspiracy and its operations in this country.

Mr. JENNER. Are you using “conspiracy” in a general sense rather than a

particular conspiracy directed toward this event?

Mr. OLIVER. The Communist conspiracy as a whole; yes.

Mr. JENNER. You then go on to state what appears to be a statement of

fact or you represent it to be.

“In June of 1963 an experienced American military man made a careful

analysis of the situation at that time, and in his highly confidential

report concluded, on the basis of indications in Communist and crypto

Communist sources, that the conspiracy’s schedule called for a major

incident to create national shock before Thanksgiving.”

Who is that experienced American military man to whom you had reference?

(Conferring with counsel.)

Mr. OLIVER. The observer mentioned there is Col. Chesley Clark, retired.

Mr. JENNER. Clark.

Mr. OLIVER. C-l-a-r-k, of the American Air Force.

Mr. JENNER. Did he publish--this is a new name to me--did he publish

something on which you rely in making that statement?

Mr. OLIVER. This he told me not with a pledge that it was confidential,

but with the implication that I would not disclose his name in a

publication. I see no bar to disclosing it for the purpose of these

hearings. If I may say, his estimates were made entirely from, what

should we say, experience in psychological warfare and in reading the

indications in the sequence of events and the form the propaganda was

taking, and that he obviously had not, so far as I know, no inside

information.

Mr. JENNER. This conversation or conversations that you had had

with Colonel Clark, did it or they occur between the time of the

assassination and the time of the publication of your article?

Mr. OLIVER. No, before the assassination, I am sure. I would say

perhaps--it is hard to recollect but I would say a month or 6 weeks

before.

Mr. JENNER. I take it, I don’t even like to say this because I don’t

want you to take it wrong, certainly there was nothing in Colonel

Clark’s statement to you, sir, that carried any implication of any

anticipation of a possible assassination of President Kennedy?

Mr. OLIVER. No. Of a, however--it did astutely anticipate some event

that would create a national shock.

Mr. JENNER. When I say I hesitate to say it but I know what you would

have done, I think I know what you would have done, had there been any

implication, you would have alarmed the authorities.

Mr. OLIVER. There was no----

Mr. JENNER. I am correct about that, am I not?

Mr. OLIVER. You are correct about that. The nature of the event that

would create this shock was, of course, necessarily speculative.

Mr. JENNER. All right. Then you discuss the feeling of men like you,

that there was some crisis about to take place, and this feeling was

communicated to you by men like Colonel Clark and others?

Mr. OLIVER. Yes.

Mr. JENNER. Who felt that the Communist conspiracy as you call it had

reached a point at which it needed some shocking event.

Mr. OLIVER. That is right.

Mr. JENNER. Or as you say at the bottom of page 21 and the top of page

22, “The conspiracy’s schedule called for a major incident to create a

national shock before Thanksgiving.”

Mr. OLIVER. Yes.

Mr. JENNER. At the bottom of page 22, right-hand column, you say: “In

summary then, there is not a single indication that the conspiracy did

not plan and carry out the assassination of President Kennedy. On the

other hand, there is evidence which very strongly suggests that it did.”

Would you please relate what evidence there was at the time you

published the article which “very strongly suggests that it did.”

Mr. OLIVER. You begin with the fact that the assassin was a Communist

and added the strong probability, in my judgment, that he must have had

accomplices, very, very probably including Rubenstein.

Then the results which would have occurred but for the mischance of

Oswald’s apprehension would have been very strongly in their favor. It

is the old doctrine of Sui Bono. In substance the considerations that

I have stated in the earlier part of the article indicating that (a)

there undoubtedly was Communist participation and (b) that the act was

to their advantage.

Mr. JENNER. Here again then I take it that your use of the word

“evidence” in the portion I have quoted from your paper, at the bottom

of the right-hand column of page 22 is the use of the word in the loose

sense or the broad sense.

Mr. OLIVER. That is right.

Mr. JENNER. The broad sense meaning deductions from the sources you

have indicated in your testimony?

Mr. OLIVER. That is right.

Mr. JENNER. Would you glance at page 23 with a view in mind of my

inquiring of you as to whether the statements made on that page

likewise are deductions based on the sources you have indicated

heretofore in your testimony?

Mr. OLIVER. That is right.

Mr. JENNER. Is that likewise true of page 24?

Mr. OLIVER. Yes.

Mr. JENNER. At the bottom of page 24, the right-hand column you say:

“The first expedient was primarily defensive. In a hasty and thus far

successful attempt to thwart an investigation by legally constituted

authorities, the Senate Subcommittee on Internal Security and the

attorney general of the State of Texas, both of whom had already

announced their determination to conduct an impartial inquiry, an

illegal and unconstitutional ‘special commission’ was improvised with

the obvious hope that it could be turned into a Soviet-style Kangaroo

court. The best known members of this packed ‘commission’,” and then

you give some vignettes of the various members of the commission.

I am not seeking to probe into your thinking on the subject. You have a

right to think whatever you do think, and the right of free speech and

publication permits you to publish. As I told Mr. Unger yesterday I was

seeking only sources.

What is the source of that statement?

Mr. UNGER. Pardon me, just a minute for interjecting but what relevancy

does that have on the inquiry into the death of either President

Kennedy or----

Mr. JENNER. It has this relevancy. The doctor is implying in the

statement I have quoted that the creation of the Commission was part

of a conspiracy, as he puts it, to prevent effective investigation

into the assassination of the President by the Senate Subcommittee on

Internal Security and the attorney general of the State of Texas, with

the appointment of a commission.

Mr. OLIVER. Let me confer for just a second.

(Conferring with counsel.)

Mr. UNGER. We think under the circumstances that that is beyond the

right of the Commission to inquire and beyond the scope of this hearing

and, therefore, the witness on my recommendation declines to answer.

Mr. JENNER. All right. Was this statement other than deduction on your

part?

Mr. UNGER. Well, the same objection. I think if you were to just go

through a list of other than you would eventually arrive at the same

objectionable conclusion. So we object to that.

Mr. JENNER. All right. What were your sources upon which you based this

statement?

Mr. UNGER. Same objection.

Mr. JENNER. Did you have any sources other than the sources you have

indicated in your testimony up to the moment?

Mr. UNGER. Same objection.

Mr. JENNER. Was the paragraph I read deduction only or did you have

some source on which you relied.

Mr. UNGER. The same objection. Let me say for the record that, despite

the hurt feelings of the members of the Commission, I don’t believe

they have a proper right to inquire into attacks that were made upon

them. I can’t see any relevancy at all to that.

Mr. JENNER. I do wish to say for the record that the Commission, no

member of the Commission, has any hurt feelings whatsoever with respect

to this article or any statement in it.

On page 26 you state:

“One writer has recently suggested that it was the CIA that arranged

the assassination of President Kennedy; I know of no evidence to

support that opinion. But obviously Mr. Dulles’ CIA is open to

suspicion.”

Who is the writer to which you have reference?

Mr. OLIVER (conferring with counsel). I do not recall. I wrote this, of

course, in December, I wouldn’t want to recall now who said it. I have

the impression that this was in some one of the innumerable magazine

articles about the assassination of the President but I would not want

to say which one.

Warren Commission (15 of 26): Hearings Vol. XV (of 15) · 第 104 / 118 段