TESTIMONY OF M. F. TOBIAS, SR.

The testimony of M. F. Tobias, Sr., was taken at 4:15 p.m., on April

2, 1964, in the office of the U.S. attorney, 301 Post Office Building,

Bryan and Ervay Streets, Dallas, Tex., by Mr. Albert E. Jenner, Jr.,

assistant counsel of the President's Commission. Robert T. Davis,

assistant attorney general of Texas, was present.

Mr. JENNER. I understand you suffered an injury in an automobile

accident?

Mr. TOBIAS. Yes; I ain't as young as I used to be since that.

Mr. JENNER. This is Mr. M. F. Tobias, Sr.?

Mr. TOBIAS. That's right.

Mr. JENNER. And he lives at 602 604 Elsbeth Street, Dallas, Tex.?

Mr. TOBIAS. Six two and six four.

Mr. JENNER. And he lives with Mrs. Tobias and you manage an apartment

building at that address?

Mr. TOBIAS. That's right; the wife and I together.

Mr. JENNER. Would you stand and be sworn, sir?

Mr. Tobias, in your testimony you are about to give, do you swear to

tell the truth, the whole truth, and nothing but the truth, so help you

God?

Mr. TOBIAS. I do.

Mr. JENNER. Thank, you, sir.

Mr. Tobias, I am Albert E. Jenner, Jr., and I am a member of the legal

staff of the President's Commission. I understand from Mrs. Tobias that

you and she received a letter from Mr. Rankin, the General Counsel?

Mr. TOBIAS. That's right.

Mr. JENNER. With which was enclosed a copy of the Senate Joint

Resolution 137 authorizing the creation of the President's Commission?

Mr. TOBIAS. That's right.

Mr. JENNER. And of President Johnson's Executive Order 11130, creating

the Commission and appointing it and fixing its powers and duties and

obligations, and also a copy of our rules and regulations for the

taking of testimony. From those papers, I assume you are aware of the

fact that at least our general direction is to investigate all the

facts and circumstances surrounding the assassination of President

Kennedy on November 22, 1963?

Mr. TOBIAS. That's right.

Mr. JENNER. In the course of doing that, there are many people who, in

their pursuit of their livelihoods, came in contact with a man by the

name of Lee Oswald, and we understand you folks did and I would like to

ask you a few questions about it.

Mr. TOBIAS. Go ahead; I'm willing to answer all I can.

Mr. JENNER. You are aged what?

Mr. TOBIAS. Sixty-seven.

Mr. JENNER. You are a native-born American?

Mr. TOBIAS. Yes.

Mr. JENNER. Born in Battle Creek, Mich.?

Mr. TOBIAS. That's right.

Mr. JENNER. And your family--you raised two or three boys, as I

understand it?

Mr. TOBIAS. I've got two boys and two girls.

Mr. JENNER. You have two boys and two girls and they are all adults and

married now, I assume?

Mr. TOBIAS. That's right.

Mr. JENNER. And you are retired at the moment?

Mr. TOBIAS. That's right.

Mr. JENNER. And you and Mrs. Tobias manage this building on Elsbeth

Street here in Dallas?

Mr. TOBIAS. That's right.

Mr. JENNER. And in the course of your managing that building, you came

in contact with a person by the name of Lee Oswald; is that so?

Mr. TOBIAS. That's right.

Mr. JENNER. Tell me the circumstances?

Mr. TOBIAS. Well, I can tell you one thing, he was a funny duck. He

came up there--maybe 3 weeks before he rented it.

Mr. JENNER. He rented it on November 3, 1962?

Mr. TOBIAS. Yes; but he came there maybe 3 weeks before that.

Mr. JENNER. That would be in October. He was alone, was he?

Mr. TOBIAS. Yes; and looked at the apartment. I told him what I wanted

for it and I told him what the score was--we didn't allow no drinking

or no parties, which I don't, and he says, "My wife isn't here"----

Mr. JENNER. Off the record.

(Discussion between Counsel Jenner and the witness, Mr. Tobias, off the

record.)

Mr. JENNER. Okay; now, that's what we want to get on the record. Repeat

that.

Mr. TOBIAS. I tell them like this--what they drink in their apartment

is their business, but when they get noisy that's mine. My business.

Then, he came back----

Mr. JENNER. Was he alone?

Mr. TOBIAS. Yes; and he wanted to look at the apartment again, which

happened to still be vacant, and then he wanted to go around the house.

Mr. JENNER. Around the apartment itself?

Mr. TOBIAS. Yes.

Mr. JENNER. Before you is Tobias Exhibit No. 1, and that is Mrs.

Tobias' conception of a plat of your building. Now, is there anything

wrong with that?

Mr. TOBIAS. Well, it ain't the way I would have drawed it, because this

building is kind of in a----

Mr. JENNER. Well, now, Mrs. Tobias has drawn that green and I hand you

now a red pen and ask you to draw one.

Mr. TOBIAS. Do you want me to drawn another one?

Mr. JENNER. Yes; let's mark it "Tobias Exhibit No. 2," first.

(The witness marks the instrument referred to as requested by Counsel

Jenner.)

Mr. JENNER. All right; draw me a plat of the building on the ground

floor, that is the bottom surface.

(Witness Tobias drew the plat requested by Counsel Jenner.)

Mr. JENNER. Now, Mr. Tobias has drawn a =U=-shaped outline.

Mr. TOBIAS. This is all trees and shrubs in here.

Mr. JENNER. In the =U= portion, that is a court or a patio, is it?

Mr. TOBIAS. Yes.

Mr. JENNER. And that's trees and shrubs?

Mr. TOBIAS. Yes.

Mr. JENNER. Which is Elsbeth Street? You are now writing "Elsbeth

Street" and this court faces on Elsbeth Street, does it?

Mrs. TOBIAS. That's right; yes, sir.

Mr. JENNER. All right.

Mr. TOBIAS. This is a private driveway through here.

Mr. JENNER. Does the private driveway swing around to the rear?

Mr. TOBIAS. And this is a line back here, a property line. Now, this is

Davis Street here.

Mr. JENNER. All right, write Davis Street on there lengthwise, will you?

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