Mr. BALL. The only people that you saw were----

Mr. McDONALD. The ones I named there.

Mr. BALL. Dallas Police Department men?

Mr. McDONALD. Yes, sir.

Mr. BALL. I have no further questions.

Senator COOPER. Who was it that pointed out to you the suspect when you

entered the theatre?

Mr. McDONALD. I learned his name later.

Senator COOPER. Did some person there point out to you, though, this

man sitting in the row whom you later arrested?

Mr. McDONALD. Yes, sir. He was a shoestore salesman. His name was

Brewer. He was the one that met us at the rear exit door and said that

he saw this person run into the Texas Theatre.

Senator COOPER. Did you hear him say that?

Mr. McDONALD. Yes, sir.

Senator COOPER. And have you seen him since?

Mr. McDONALD. No, sir.

Senator COOPER. But somebody has identified him to you?

Mr. McDONALD. Yes, sir.

Mr. BALL. We will examine him next week, sir.

Senator COOPER. May I ask--if the suspect was pointed out to you, why

was it you did not go directly to him, but you searched other persons?

Mr. McDONALD. Well, usually on information of that sort, you have to

weigh it a little bit to make sure you get the right person. He could

have been mistaken. If a suspect was in that theatre, I wanted to make

sure I got him, and not overlook him.

Senator COOPER. You said, though, that before you went into the

theatre, where the seats were located, that a man pointed out to you a

person who he claimed was the suspect.

Mr. McDONALD. Yes, sir; he said that that was the man that had acted

suspiciously in running into the theatre.

Senator COOPER. That was the man that was identified to you?

Mr. McDONALD. Yes, sir.

Senator COOPER. Then, if he was the man identified to you, why did

you stop and search these two men before you got to the man you later

arrested?

Mr. McDONALD. Well, I wanted to make sure he was right.

Senator COOPER. Was it your purpose to search everybody in there?

Mr. McDONALD. It was my intention--everybody I came to.

Senator COOPER. Were these the first two that you did search?

Mr. McDONALD. Yes, sir; they were the closest ones to me.

Senator COOPER. They were sitting in front of the man you later

arrested?

Mr. McDONALD. Yes, sir; they were sitting about 10 rows in front of him.

Senator COOPER. At the time you were searching them, you could see the

other man that you later arrested?

Mr. McDONALD. Yes, sir.

Senator COOPER. What did he do?

Mr. McDONALD. Just sat in his seat, with his hands in his lap, watching

me.

Senator COOPER. Were there any other police officers in his vicinity?

Mr. McDONALD. There were police officers in the balcony, and police

officers in the aisle, or in the lobby, you might call it--not in the

theatre, except for the other three that I named.

Senator COOPER. You are the only one in the theatre?

Mr. McDONALD. Well, there was the other three officers that accompanied

me through the rear exit door. Officer Walker went through the curtains

with me, and Officers Hawkins and Hutson was on the stage with the man

that was identifying the suspect.

Senator COOPER. Then when you told the man you arrested to stand up did

he immediately pull his pistol out?

Mr. McDONALD. No, sir; he stood up and started raising his hands,

"Well, it is all over now." But in my opinion, it was an act of giving

up or surrendering. It was just natural that my hand went to his waist

for a weapon, which was my intent anyway, whether he raised his hands

or not. I didn't command him to raise his hands or anything. It was

just a reaction of his.

Senator COOPER. Did he hit you with the pistol?

Mr. McDONALD. No, sir.

Senator COOPER. Did he point it towards you?

Mr. McDONALD. I don't know what position the gun was pointed out,

whenever my hand was on it, because we were both grappling around

there. But, as I say, the top of my hand was over on top of the pistol.

Senator COOPER. To whom did you turn over the possession of the pistol?

Mr. McDONALD. Detective Bob Carroll. He had come into the aisle.

Whenever I hollered, "I got him" immediately I was swarmed by officers.

Senator COOPER. Did you mark the pistol at that time before you turned

it over?

Mr. McDONALD. No, sir; I marked it at the police station.

Senator COOPER. But you recognized it then as the same pistol you had

identified today?

Mr. McDONALD. Yes, sir.

Senator COOPER. That is all.

The CHAIRMAN. Officer, you were in uniform that day?

Mr. McDONALD. Yes, sir.

The CHAIRMAN. Did the blow he gave you on your nose leave any mark?

Mr. McDONALD. Well, for 2 days I had some swelling. It didn't break the

skin or anything. Some of the force was taken by my top. It hit the

bill of my cap and my nose.

The CHAIRMAN. And the scratch from the corner of your eye down to the

corner of your mouth came from the pistol?

Mr. McDONALD. Yes, sir. As I was taking the pistol away, clearing it

from his body. Yes, sir.

The CHAIRMAN. I think that is all. We are very glad you are able to be

with us today.

Mr. BALL. There is one thing.

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