Mrs. TOBIAS. No; he did not.
Mr. JENNER. He didn't introduce her at all?
Mrs. TOBIAS. They just wanted to use the phone.
Mr. JENNER. She was neatly dressed?
Mrs. TOBIAS. Yes.
Mr. JENNER. And she was a nice young lady and you had a good impression
of her?
Mrs. TOBIAS. She was always very nice.
Mr. JENNER. All right. Now, you go ahead.
Mrs. TOBIAS. Well, she went back home and I had visions that she went
to see about the youngster.
Mr. JENNER. She went back to the apartment and he stayed?
Mrs. TOBIAS. Yes--I said to him, "What nationality are you folks?"
Because I knew he had talked to us in English. He said, "Oh, we are
Czech."
Mr. JENNER. He said they were Czech?
Mrs. TOBIAS. Yes; so that's all I got out of him that night--just Czech
and when she came back she smiled again real cute and nice, but she
never ever, ever made any effort to talk around him whatsoever, and
that's what I found out that night.
Mr. JENNER. And during all the time they were tenants in the apartment
at 604 Elsbeth, did she ever use English at all in his presence while
you were present?
Mrs. TOBIAS. Not to my knowledge--no, but when she came back--he
called--he made another call and it was the same thing.
Mr. JENNER. He spoke in a foreign tongue?
Mrs. TOBIAS. Yes; he did.
Mr. JENNER. On the second occasion?
Mrs. TOBIAS. Yes--he didn't use English.
Mr. JENNER. Did she speak to that person also?
Mrs. TOBIAS. Well, if it's the one that called, she did, she talked for
a second.
Mr. JENNER. You have told me that she talked at the time of the first
telephone call?
Mrs. TOBIAS. Yes--no; not the second time, I don't think she talked the
second time.
Mr. JENNER. Now, I'll ask you some technical things--was he a good
tenant in the sense that he paid his rent?
Mrs. TOBIAS. Yes; he paid his rent in advance.
Mr. JENNER. Did he pay it promptly?
Mrs. TOBIAS. Yes; now, you'll have to look here--my husband has got all
that marked--later you can see that, but the last month----
Mr. JENNER. Which was when?
Mr. TOBIAS. It would have been--he paid--he moved in
November--December, January, February, and he stayed until March the 3d.
Mr. JENNER. March the 3d, 1963?
Mrs. TOBIAS. That's right and then he lacked, I think, $8 because I
have heard him check it so many times.
Mr. JENNER. He lacked $8?
Mrs. TOBIAS. I think that is what it is--I would have to look in here.
My husband has it marked.
Mr. JENNER. Go ahead and look. When you say you are looking in
here--you are looking in your records of receipts?
Mrs. TOBIAS. Yes.
Mr. JENNER. That's your original record?
Mrs. TOBIAS. Yes; this is the first one.
Mr. JENNER. Excuse me--may I ask you a few questions about that--you
keep a record of all receipts?
Mrs. TOBIAS. Oh, yes; we have one--they get one and the owner gets one.
Mr. JENNER. When a rent payment is made, you make an entry in the book
you have before you of having received a certain amount of money. It's
in duplicate or triplicate--the tenant gets a copy of the receipt, you
retain one in your book and you send one to the owners of the building?
Mrs. TOBIAS. Well, she gets the name of it and I think this is the
other one--my husband has it marked here, so that every time they would
come out they would have a lot of trouble looking and let me see,
now--yes, he paid--he lacked $8--the balance.
Mr. JENNER. Explain to me what you mean by his lacking a balance?
Mrs. TOBIAS. Well, he paid the $68 when he came at the regular date,
and then the 8th--that would be the 2d and the 8th he came back and
paid the other $8 and here is the beginning--if you would like to check
them.
Mr. JENNER. I take it, then, is what you mean is that for the month of
February, he paid first $60?
Mrs. TOBIAS. Yes--right.
Mr. JENNER. So, he was $8 in arrears at that time?
Mrs. TOBIAS. Yes.
Mr. JENNER. And he made that up--he paid the $8 at a later date?
Mrs. TOBIAS. Yes; that's the receipt there.
Mr. JENNER. In fact, on the 8th of February 1963?
Mrs. TOBIAS. That's right.
Mr. JENNER. That's receipt number 7611, which I have before me, is the
receipt which you gave for that final payment--the second installment?
Mrs. TOBIAS. Yes, sir; that's right.
Mr. JENNER. Now, you have the initial receipt, do you?
Mrs. TOBIAS. The beginning--you mean?
Mr. JENNER. Yes.
Mrs. TOBIAS. Yes; here's where--when he moved in up here.
Mr. JENNER. And that is receipt number 0125, it is dated November 3,
1962, and it recites that it was received from Lee Oswald--the amount
of $5, and that's the deposit?
Mrs. TOBIAS. Yes; that's the deposit.
Mr. JENNER. On number 2--that means apartment number 2 at that
entrance--604?
Mrs. TOBIAS. That's right.
Mr. JENNER. Then, I see here a second receipt dated the same date
number 0126, in the sum of $17, apartment 2, marked "void." What was
the circumstance on that receipt being marked "void?"
Mrs. TOBIAS. Let me see--then you have another one?
Mr. JENNER. Yes.
Mrs. TOBIAS. My husband perhaps thought he was going to be paid by the
week and that's why he voided that one.
Mr. JENNER. And that was voided on the same occasion?
Mrs. TOBIAS. Yes--a lot of them pay by the week, you see?
Mr. JENNER. Ascertaining that he was going to pay by the month, a third
receipt was made out, number 0127 in the name of L. H. Oswald for $68?
Mrs. TOBIAS. Yes.
Mr. JENNER. So, at this moment, he has now paid $68 plus $5 deposit?
Mrs. TOBIAS. That's correct.
Mr. JENNER. So, his payment is altogether $73?
Mrs. TOBIAS. That's right.
Mr. JENNER. And the $5 deposit is for what?
Mrs. TOBIAS. Well, that's the key deposit.
Mr. JENNER. And when the tenant surrenders the key, he gets his $5 back?
Mrs. TOBIAS. Well, if they leave the apartment clean or half way
decent, she will refund it.
Mr. JENNER. Now, in your record here that you keep, this is kept in the
usual, regular and ordinary course of business?
Mrs. TOBIAS. You mean--my husband keeps this--we keep these books.
Mr. JENNER. You keep these books regularly?
Mrs. TOBIAS. Yes.
Mr. JENNER. And they are your permanent records?
Mrs. TOBIAS. That's right--we have them from the time we moved in.
Mr. JENNER. And these entries are all true and correct?
Mrs. TOBIAS. That's correct.
Mr. JENNER. And they are entries of receipts of rental payments for
your tenants, including Mr. Oswald?
Mrs. TOBIAS. That's correct.
Mr. JENNER. The first of those payments consists of the ones I have
recited on the 3d of November 1962, and the last of which was the $8
payment on February 8, 1963?
Mrs. TOBIAS. That's correct--that's the last one.
Mr. JENNER. That paid his rent for the month of March?
Mrs. TOBIAS. Through the 3d or to the 3d.
Mr. JENNER. It paid it for the month of February and to and including
the 3d day of March 1963?
Mrs. TOBIAS. Yes.
Mr. JENNER. Did he vacate the premises on the 3d of March?
Mrs. TOBIAS. Yes; he did. He moved out and that was on a Sunday that he
moved out and we note when he moved out.
Mr. JENNER. Go right ahead.
Mrs. TOBIAS. They moved on this baby stroller. We thought that was so
funny, because they just--now, you see, you perhaps have already talked
to these people where they moved over on Neely.
Mr. JENNER. They moved to where from your place?
Mrs. TOBIAS. On Neely--like this is Elsbeth, right down here on the
corner----
Mr. JENNER. Excuse me, why don't we use our little plat here, Tobias
Exhibit No. 1?
Mrs. TOBIAS. This is his apartment--right down here on Neely Street.
Mr. JENNER. On what street?
Mrs. TOBIAS. On Neely--now, this is Elsbeth.
Mr. JENNER. And Neely also runs north and south?
Mrs. TOBIAS. Yes--no; wait a minute, it runs east and west. Well, it's
right behind an apartment building on Elsbeth, just one building
behind that apartment building on Elsbeth.
Mr. JENNER. About how far away from where you are?
Mrs. TOBIAS. Oh, it wouldn't be a block, it wouldn't be a good
block--probably about half a block.
Mr. JENNER. Was there any conversation with you or your husband as to
why they were moving?
Mrs. TOBIAS. May I tell you?
Mr. JENNER. Yes; please do.
Mrs. TOBIAS. Well, they fought so much.
Mr. JENNER. They fought so much.
Mrs. TOBIAS. Yes--they seemed to disagree and they didn't get along
so good and the tenants would come and tell my husband that they kept
them awake and the baby cried so much and that he could hear them
falling down as if Mrs. Oswald was hitting the floor, so my husband
went over and he said he was sorry but there was nothing going on and
that everything was okay and we had one tenant over him--nobody has
been able to contact her either--and she came over, and she said, "Mr.
Tobias, I think he has made a new opening down there." She said, "I
think he's put her right through there." And he did break a window--my
husband had to fix that.
Mr. JENNER. This was a pane of glass in the back door?
Mrs. TOBIAS. In there--going out into the hall, out of their back
kitchen, going into that little hall going outside.
Mr. JENNER. Your husband ascertained what?
Mrs. TOBIAS. He had to put in a new pane.
Mr. JENNER. Why?
Mrs. TOBIAS. Well, they knocked it out--I guess from fighting--we don't
know.
Mr. JENNER. You weren't there?
Mrs. TOBIAS. No.
Mr. JENNER. And your husband wasn't there?