(The documents heretofore marked as Oliver Exhibits Nos. 1 through 12,

were received in evidence.)

Mr. JENNER. All right, thank you, sir.

AFFIDAVIT OF B. M. PATTERSON

The following affidavit was executed by B. M. Patterson on August 26,

1964.

AFFIDAVIT

PRESIDENT’S COMMISSION

ON THE ASSASSINATION OF

PRESIDENT JOHN F. KENNEDY

I, B. M. Patterson, being duly sworn, depose as follows:

I now reside at Apartment 201, Habana Apartments, 1607 North Carroll,

Dallas, Texas. On January 22, 1964, I was residing at 4635 Hartford

Street, Dallas, Texas, and was then employed by Wyatt’s Cafeteria, 2647

Lancaster, Dallas, Texas.

On January 22, 1964, I was interviewed by Special Agents John T. Kesler

and Vernon Mitchem of the Federal Bureau of Investigation concerning

what I had seen on November 22, 1963, as it related to Lee Harvey

Oswald, the shooting of Dallas Police Officer, J. D. Tippit, and the

assassination of President John Fitzgerald Kennedy.

I have been shown the written report of the results of this

interview by Special Agents John T. Kesler and Vernon Mitchem of the

Federal Bureau of Investigation, on January 22, 1964.[C] While this

transcription is basically and materially correct, I desire to make the

following clarifications in regard to the contents of this report. This

modification pertains to the second sentence of paragraph two. I choose

to have the second referenced sentence changed to read as follows:

“A minute or so later, they observed a white male, approximately thirty

years of age, running south on Patton Avenue, carrying a revolver in

his hand and was obviously trying to reload it. He stopped still and

then reloaded the gun.”

In regard to the last paragraph of this report, I do not at this late

date specifically recall having been exhibited a photograph of Lee

Harvey Oswald, at the time of the interview of January 22, 1964, and

desire that this paragraph be deleted as an official reporting of that

interview.

I have read this written report and with the exception of the

aforementioned, notations, it reveals a correct report of what I saw on

November 22, 1963.

Signed this 26th day of August 1964.

(S) B. M. Patterson,

B. M. PATTERSON.

[C] This report was labeled B. M. Patterson Exhibit A.

AFFIDAVIT OF B. M. PATTERSON

The following affidavit was executed by B. M. Patterson on September 7,

1964.

AFFIDAVIT

PRESIDENT’S COMMISSION

ON THE ASSASSINATION OF

PRESIDENT JOHN F. KENNEDY

I, B. M. PATTERSON, being duly sworn, depose as follows:

I now reside at Apartment 201, Habana Apartments, 1607 North Carroll,

Dallas, Texas. On August 25 and 26, 1964, I was residing at this same

address and was employed at Holly Southwest, Inc., 5606 Dyer, Dallas,

Texas.

On August 25 and 26, 1964, I was interviewed by Special Agent Richard

J. Burnett of the Federal Bureau of Investigation concerning what I had

witnessed on November 22, 1963 as it related to Lee Harvey Oswald, the

shooting of Dallas Police Officer J. D. Tippit, and the assassination

of President John Fitzgerald Kennedy.

I have been shown the account of my interviews with Special Agent

Richard J. Burnett as put in written form in regards to the interviews

of August 25 and 26, 1964.[D] I have read this written report and it

represents a correct report of what I saw on November 22, 1963, as

well as my identification of photographs of Lee Harvey Oswald as the

individual I had seen on that date.

Signed this 7th day of September 1964.

(S) B. M. Patterson,

B. M. PATTERSON.

[D] This report was labeled B. M. Patterson Exhibit B.

AFFIDAVIT OF ARTHUR MANDELLA

The following affidavit was executed by Arthur Mandella on September

17, 1964.

AFFIDAVIT

PRESIDENT’S COMMISSION

ON THE ASSASSINATION OF

PRESIDENT JOHN F. KENNEDY

DISTRICT OF COLUMBIA, _ss_:

I, Arthur Mandella, being first duly sworn, depose and say:

1. This affidavit is made in connection with testimony I gave to the

Commission on an earlier date.

2. I have compared the photograph, Commission Exhibit No. 658, with

a lift of the palmprint, Commission Exhibit No. 637; the photograph,

Commission Exhibit No. 655, with a piece of cardboard, Commission

Exhibit No. 649; the photograph, Commission Exhibit No. 659, with a

home-made paper bag, Commission Exhibit No. 142; before the and the

photograph, Commission Exhibit No. 656, with the cardboard carton,

Commission Exhibit No. 641. As a result of this comparison, I have

determined that the respective photographs, which I had earlier

testified were photographs of the prints of Lee Harvey Oswald, are

accurate photographs of prints from the objects, Commission Exhibit

Nos. 637, 649, 142, and 641, and that the prints on Commission Exhibit

Nos. 637, 649, 142, and 641, are the prints of Lee Harvey Oswald.

Signed this 17th day of September 1964, at Washington, D.C.

(S) Det. Arthur Mandella NYCPD,

ARTHUR MANDELLA.

TESTIMONY OF JOHN F. GALLAGHER

The testimony of John F. Gallagher was taken at 10 a.m., on September

15, 1964, at 200 Maryland Avenue NE., Washington, D.C., by Mr. Norman

Redlich, assistant counsel of the President’s Commission.

Mr. REDLICH. The purpose of this deposition is to take the testimony

of Mr. John F. Gallagher. Mr. Gallagher, before we start I would like

to advise you that under the rules of this Commission you are entitled

to 3 days’ notice prior to your testimony. You have not had 3 days’

notice. However, you are also free to waive that notice if you wish.

Are you willing to testify this morning?

Mr. GALLAGHER. I am, sir.

Mr. REDLICH. It is customary to administer an oath, so would you stand?

Do you solemnly swear that the testimony you are about to give will be

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

Mr. GALLAGHER. I do.

Mr. REDLICH. For the record, would you state your name?

Mr. GALLAGHER. My name is John F. Gallagher.

Mr. REDLICH. Mr. Gallagher, what is your occupation?

Mr. GALLAGHER. I am a special agent of the Federal Bureau of

Investigation, presently assigned to the Physics and Chemistry Section

of the FBI Laboratory.

Mr. REDLICH. How long have you been with the FBI?

Mr. GALLAGHER. I have been with the FBI approximately 18 years.

Mr. REDLICH. Very briefly, what has been the nature of your affiliation

with the FBI?

Mr. GALLAGHER. The greater part of that 18 years I have been assigned

to the FBI Laboratory, and in particular to the Physics and Chemistry

Section. I work in the spectrographic unit of the FBI Laboratory.

Mr. REDLICH. And this is what you have been doing for the greater

portion of your 18 years with the FBI?

Mr. GALLAGHER. That is correct.

Mr. REDLICH. What is your educational background, Mr. Gallagher?

Mr. GALLAGHER. I graduated from Boston College with a bachelor of

science degree in 1939, and I returned for 2 years on a fellowship to

obtain a master of science degree.

When I entered the military service I was sent for a 9-month

course at Massachusetts Institute of Technology in meteorology.

Following my discharge from the Army, I joined the Federal Bureau of

Investigation. I received special agents’ training, and have taken

specialized courses during my period in the FBI, one of which was

a course in neutron activation analysis at the Oak Ridge National

Laboratory--correction--at Oak Ridge Institute of Nuclear Studies, from

September 24 to October 5, 1962.

Mr. REDLICH. Are you familiar with a technique of analysis which is

called neutron activation analysis?

Mr. GALLAGHER. Yes, sir; I am familiar with the technique known as

neutron activation analysis.

Mr. REDLICH. Could you describe briefly, without reference to the

specific evidence that is under investigation here, the nature of this

technique?

Mr. GALLAGHER. Neutron activation analysis involves subjecting small

samples to a beam of sub-atomic particles known as neutrons. Elements

within the sample having been bombarded by neutrons are transformed in

many instances to radioactive atoms. These radioactive atoms will decay

and emit characteristic radiations. By studying the emitted radiations,

one can determine and trace quantities of elements in specimens.

Mr. REDLICH. This is a technique whereby certain elements are made

radioactive as a result of being bombarded by neutrons; is that correct?

Mr. GALLAGHER. Yes, sir.

Mr. REDLICH. This enables you to isolate certain elements for purposes

of analysis; is that correct? Let me rephrase the question: Does this

enable you to determine the presence of certain elements for purposes

of analysis?

Mr. GALLAGHER. This enables you to determine and to measure the

quantity of certain elements in a given specimen.

Mr. REDLICH. What is the advantage of the neutron activation technique

over other methods of determining the presence of certain elements?

Mr. GALLAGHER. Well, this method of analysis, because of its extreme

sensitivity, offers a great advantage over more conventional

procedures. Furthermore, chemical treatments of your samples subsequent

to activation do not distort your results by contamination. If an

acid, for example, is added to a specimen after irradiation which is

under study for the presence of antimony, and the acid itself contains

antimony, it will not contain a radioactive form of antimony, and this

is the form which is measured during the analysis.

Mr. REDLICH. Has neutron activation analysis been used in criminal

investigation work, to your knowledge, Mr. Gallagher?

Mr. GALLAGHER. It has been used in criminal investigative work.

Mr. REDLICH. Could you, for the sake of the record, give me a few

examples of the types of situations in which it has been used--without

reference to any particular case?

Mr. GALLAGHER. Neutron activation analysis has been used to determine

the arsenic content in hair, urine, and fingernail scrapings, in a

suspected arsenic-poisoning case.

Mr. REDLICH. Has it been--is it used as a method of determining whether

or not a person has fired a weapon?

Mr. GALLAGHER. I do know that this technique has been used to attempt

to determine if an individual has fired a weapon.

Mr. REDLICH. Do you believe that it is a technique which could be used

under certain conditions to determine whether or not a person has fired

a weapon?

Mr. GALLAGHER. I do believe that it is a technique which can be used to

determined if a person has fired a weapon or handled a recently fired

weapon.

Mr. REDLICH. Have you yourself, Mr. Gallagher, ever testified in court

with regard to the results of a neutron activation analysis?

Mr. GALLAGHER. No, sir.

Mr. REDLICH. Now let us turn, Mr. Gallagher, to the specific

investigation that we are concerned with in this inquiry. Are you

familiar with any neutron activation analyses which were conducted in

connection with the assassination of President Kennedy?

Mr. GALLAGHER. Yes, sir.

Mr. REDLICH. Could you describe what they were?

Mr. GALLAGHER. Neutron activation analyses were conducted at Oak Ridge

National Laboratory, Oak Ridge, Tenn., on the paraffin casts from the

right hand, the left hand, and the right cheek of Lee Harvey Oswald.

Mr. REDLICH. May I interrupt you there, Mr. Gallagher? Your

determination that these were the casts from the right and left hand

and right cheek of Lee Harvey Oswald was based upon information given

to you and is not based upon your own personal knowledge; isn’t that

correct?

Mr. GALLAGHER. It is based upon knowledge which I obtained from an

official Bureau report.

Mr. REDLICH. The record would indicate that these casts were made

in Dallas, and were made in connection with tests performed by the

Dallas police. And then subsequently they were forwarded to the FBI

in Washington. That is our understanding of the manner in which the

casts were made and placed into the possession of the Federal Bureau of

Investigation. Do you have any information to the contrary?

Mr. GALLAGHER. It is my understanding that Dr. Morton Mason, Director

of Dallas City-County Criminal Investigation Laboratory made and

processed the paraffin casts.

Mr. REDLICH. Now, would you proceed?

Mr. GALLAGHER. The paraffin casts were analyzed by neutron activation

analyses to determine if these casts from Oswald, which were made,

chemically treated, and subsequently washed by investigators in the

Dallas area, bear any deposits which could be associated with the rifle

cartridges found in the Texas School Book Depository Building.

Mr. REDLICH. Do you know why the casts had been chemically treated in

Dallas?

Mr. GALLAGHER. Reportedly, these casts were chemically treated for the

presence of nitrates.

Mr. REDLICH. This is what is popularly referred to as the paraffin test?

Mr. GALLAGHER. Yes; it has been popularly referred to as the paraffin

test.

Mr. REDLICH. And your testimony is that these casts had been washed by

the time they reached your possession; is that correct?

Mr. GALLAGHER. Yes, sir.

Mr. REDLICH. Would you continue?

Mr. GALLAGHER. The deposits found on the paraffin casts from the hands

and cheek of Oswald could not be specifically associated with the

rifle cartridges. The casts from Oswald bore elements--namely, barium

and antimony--which were present in the powder residues from both the

rifle, and revolver cartridges. No characteristic elements were found

by neutron activation analysis of the residues which could be used to

distinguish the rifle from the revolver cartridges. In view of the fact

that the paraffin casts were not made until after the reported firing

and handling of the fired revolver, no significance could be attached

to the residues found on the casts other than the conclusion that the

barium and antimony in these residues are present in amounts greater

than found on the hands of an individual who has not recently fired or

handled a recently fired weapon.

Mr. REDLICH. You mentioned in your answer, Mr. Gallagher, that the

elements which you found present on the paraffin casts, which were

also present on the spent cartridges found at the Texas School Book

Depository, were the elements barium and antimony; is that correct?

Mr. GALLAGHER. Yes, sir.

Mr. REDLICH. In your opinion, what is the source of the elements barium

and antimony on these cartridges?

Mr. GALLAGHER. Barium and antimony are residues left from the spent

primers in the cartridges.

Mr. REDLICH. The primer being the portion of the cartridge which

ignites the principal explosive substance in the cartridge; is that

correct?

Mr. GALLAGHER. The primer is that portion of the cartridge which is----

Mr. REDLICH. If I may interrupt--which is initially struck by the

firing pin?

Mr. GALLAGHER. Which is struck by the firing pin, and detonates to

initiate the explosive charge in the cartridge itself.

Mr. REDLICH. Now, are the elements barium and antimony found in most

primer residues?

Mr. GALLAGHER. Barium and antimony are found in most primer residues;

yes.

Mr. REDLICH. Did you determine whether barium and antimony are present

in the Western Cartridge Co. ammunition which was found on the sixth

floor of the Texas School Book Depository?

Mr. GALLAGHER. I did, sir.

Mr. REDLICH. And did you find that barium and antimony are, in fact,

found in ammunition of that manufacturer?

Mr. GALLAGHER. Yes.

Mr. REDLICH. Did you also determine whether the elements barium and

antimony are found in the .38 caliber ammunition manufactured by

Remington Peters and Winchester Western, which was the ammunition used

in the shooting of officer Tippit?

Mr. GALLAGHER. Yes; I did.

Mr. REDLICH. And did you find that the elements barium and antimony

were, in fact, present in this type of ammunition?

Mr. GALLAGHER. Yes; I did.

Mr. REDLICH. With regard to the rifle cartridges, did you examine the

cartridges which were actually found on the sixth floor of the Texas

School Book Depository?

Mr. GALLAGHER. Yes; I did.

Mr. REDLICH. And did you determine that the elements barium and

antimony were present on those particular cartridges?

Mr. GALLAGHER. Yes; I did.

Mr. REDLICH. Are you able to give us your opinion as to the possible

effect of the washing of the paraffin casts on the analysis which you

performed? Let me rephrase the question. Did the fact that these casts

were washed prior to the neutron activation test materially alter, in

your opinion, the results of the neutron activation analysis?

Mr. GALLAGHER. I can say that the washing did not remove all the

antimony and barium.

Mr. REDLICH. In your opinion, would the washing of these paraffin casts

remove substantial amounts of the elements barium and antimony if they

were present on those casts?

Mr. GALLAGHER. Chemical treatment and washing will remove portions of

the barium and antimony from these casts. This was determined from test

casts which were studied in connection with these analyses. But it did

not remove all the barium and antimony.

Mr. REDLICH. Can you describe exactly what you did with these paraffin

casts in order to perform a neutron activation analysis?

Mr. GALLAGHER. Do you want me to tell who I worked with here?

Mr. REDLICH. Yes.

Mr. GALLAGHER. These casts were taken to the Oak Ridge National

Laboratory at Oak Ridge, Tenn., and there, with a Dr. Frank F. Dyer,

and Mr. J. F. Emery, work was performed on these casts. The casts were

studied under a binocular microscope. The surface of the casts were

scraped. These paraffin scrapings were put into a small container which

was then placed in a pneumatic tube and sent into the heart of the

research reactor to be bombarded by neutrons for a 3-minute period. The

neutron flux was 6 times 10 to the 13th neutrons per square centimeter

per second. After the 3 minutes were up, the container with its

contents was discharged from the reactor.

The gamma ray spectrum was studied. And then chemical tests were made

to precipitate barium and also to precipitate the antimony. The barium

and antimony were quantitatively determined.

Mr. REDLICH. You stated in your answer that----

Mr. GALLAGHER. Correction. Were quantitatively determined by studying

the gamma rays emitted by the barium isotope 139 and the antimony

isotope 122.

Mr. REDLICH. Now, according to your testimony, you determined that

the elements barium and antimony were present in the hand casts in an

amount greater than would be expected in the case of a person who had

not fired a revolver.

Mr. GALLAGHER. Fired or handled a recently fired weapon.

Mr. REDLICH. Confining ourselves for the moment to the hand casts, does

such a conclusion enable you to state that the person from whose hands

these cases were made had in fact fired a revolver? The question I am

asking you, Mr. Gallagher, is one designed to determine the extent to

which the neutron activation technique is able to result in definitive

judgments. Your initial answer was that the elements barium and

antimony were present in these casts in an amount greater than would

be expected from a person who had not either fired a weapon or handled

a recently fired weapon. Are you able to, on the basis of this, make a

judgment as to whether in fact the person from whose hands these casts

were made had in your opinion fired a revolver, or handled a fired

revolver?

Do you understand my question, before you attempt to answer it?

Mr. GALLAGHER. Well, first of all I reported that there was more on the

hands than would be found on the hands of a normal individual who had

not fired or handled a recently fired weapon. Now, I don’t quite get

the point of your question.

Mr. REDLICH. The point of my question is whether you are able, on the

basis of this analysis, to express an opinion as to whether the person

from whose hands these casts were made had fired a weapon.

Mr. GALLAGHER. It is my opinion that the person from whom these casts

were removed may have either handled a fired weapon, or fired a weapon.

Mr. REDLICH. I would like to introduce into the record a letter which I

have marked Gallagher Exhibit No. 1.

(Gallagher Exhibit No. 1 was marked for identification.)

Mr. REDLICH. This is a letter from FBI Director J. Edgar Hoover to J.

Lee Rankin, general counsel of this Commission. Are you familiar with

the contents of this letter, Mr. Gallagher?

Mr. GALLAGHER. Yes, sir.

Mr. REDLICH. You will note that this letter indicates a variety of

substances which contain the element barium, the element antimony, and

substances which contain the elements barium and antimony.

The last question I asked you, Mr. Gallagher, was whether you could

make a judgment as to whether a person from whose hands these casts

were made had fired a weapon or handled a fired weapon, and you

indicated that on the basis of these tests you could make such a

judgment.

The question I now ask you is in light of the contents of the letter

which has been designated as Gallagher Exhibit No. 1, are you able to

isolate the source of the elements barium and antimony which you found

on the hand casts as coming from the primer residues rather than from

the substances which are described in Gallagher Exhibit No. 1?

Mr. GALLAGHER. It is true that there are common commercial products

which contain barium and which contain antimony.

Mr. REDLICH. And which contain barium and antimony together?

Mr. GALLAGHER. And also which contain barium and antimony together.

However, before these elements can contaminate the hands or

person--hands or body of an individual--they must be accessible so

they can adhere by mechanical adhesion to the individual. Under normal

circumstances, most of the ingredients mentioned in Exhibit No. 1----

Mr. REDLICH. Excuse me--could you refer to that as Gallagher Exhibit

No. 1?

Mr. GALLAGHER. Gallagher Exhibit No. 1, is not normally in the form

which will permit contamination by this mechanical adhesion.

Mr. REDLICH. Are you generally familiar with the test which is commonly

referred to as the paraffin test, which tests paraffin casts for

nitrate residues?

Mr. GALLAGHER. Yes, sir.

Mr. REDLICH. As I understand it, Mr. Gallagher, one of the reasons why

this test is considered unreliable for purposes of determining whether

or not someone has fired a weapon is the fact that the elements which

react with the reagents in the paraffin test are found in a variety of

common substances. Is that correct?

Mr. GALLAGHER. The diphenylamine or the diphenylbenzidine tests are

not specific. They react with many ingredients and for this reason the

results obtained from such tests are difficult to interpret.

Mr. REDLICH. And when I asked you to evaluate the results of the

neutron activation test performed on the hand casts in the light of the

contents of Gallagher Exhibit No. 1, do I understand your answer to be

that in the case of the neutron activation analysis it is possible to

make a valid determination as to the presence of the elements barium

and antimony, notwithstanding the fact that the elements barium and

antimony are found in common substances and not merely found in primer

residues.

Mr. GALLAGHER. The determination of barium and antimony by neutron

activation analysis is specific. Although there are commercial products

which contain the elements barium and antimony, these components

in many of these commercial products are not as available for

contaminating purposes as are nitrates and oxidizing agents detected by

the diphenylamine or diphenylbenzidine tests.

Mr. REDLICH. So that the differences between the neutron activation

analysis and the paraffin test for nitrate residues relate both to the

question of the availability of the nitrates and oxidizing agents in

the paraffin test as compared to the barium and antimony in the neutron

activation analysis, and also to the fact that in the paraffin test for

nitrate residues, the result is not necessarily specific as to nitrate

residues, whereas in the neutron activation analysis for the presence

of the elements barium and antimony, the results are specific to the

elements barium and antimony. Is that a correct statement?

Mr. GALLAGHER. Yes. And furthermore, in Gallagher Exhibit No. 1, it

says that paint, for example, contains both barium and antimony--this

does not mean that every sample of paint contains barium and antimony.

And so it is with the other items mentioned in Gallagher Exhibit No. 1.

Warren Commission (15 of 26): Hearings Vol. XV (of 15) · 第 107 / 118 段