Mr. CUNNINGHAM. It is on the trigger, number----

Mr. EISENBERG. Forty-two?

Mr. CUNNINGHAM. Not trigger--the hammer, No. 34.

By the way, on the prior 42 I meant 34. I got the wrong number. I was

referring to the right piece, but the wrong number.

But you can see this little--it is like a curved portion. It prevents

the hammer from going any further forward. The firing pin will not come

out of the hole in the breech face.

Now, as soon as you pull the hammer back, the rebound slide, No. 30, is

out of the way.

Also, when you pull the weapon through double action, that slide pushes

back, and your sear doesn't even touch the groove in the hammer, but it

just keeps on going right on through. In other words, you are pulling

the trigger strictly against the mainspring all the way. When it is on

the notch, it is being held, and the only pressure needed, is to take

off the sear.

Mr. EISENBERG. Now, Mr. Cunningham, to focus this line of questioning,

Officer McDonald, who has reported that he was in a struggle with Lee

Harvey Oswald on November 22d, while Oswald was in possession of this

revolver, has stated that--I am reading now from an affidavit, from a

letter from Officer McDonald to Mr. J. E. Curry, chief of police of the

Dallas Police Force, dated December 3, 1963.

He states in this letter that as he came in contact with Oswald, "I

managed to get my right hand on the pistol over the suspect's hand. I

could feel his hand on the trigger. I then got a secure grip on the

butt of the pistol. I jerked the pistol and as it was clearing the

suspect's clothing and grip, I heard the snap of the hammer, and the

pistol crossed over my left cheek. I marked the pistol and six rounds

at central station. The primer of one round was dented on misfire at

the time of the struggle with the suspect."

Now, in light of your examination of this weapon, and your discussion,

could you comment on this statement?

Mr. CUNNINGHAM. I personally have fired this weapon numerous times, as

well as Special Agents Robert Frazier and Charles Killion. At no time

did we ever attempt to fire this weapon that it misfired. It operated

excellently and every time we have tried to fire it, it has fired.

It is very possible when he says that he reached across, and he grabbed

it, that he locked the cylinder, which I think any trained police

officer would do. You want to stop this cylinder from rotating. As

soon as you do that, you have actually stopped the hammer falling on a

live round, because if the hammer is allowed to go forward again, and

it hasn't gotten into the cocked position, the rebound slide, as I was

stating before, would block the firing pin from striking the primer of

the cartridge.

Mr. EISENBERG. As I understand it, the cylinder is so interconnected

with the trigger, that the trigger cannot be pulled all the way back

when the cylinder has been firmly grasped?

Mr. CUNNINGHAM. That is correct.

Mr. EISENBERG. And if the hammer has not been pulled all the way back,

the rebound slide will not allow the firing pin to strike the cartridge?

Mr. CUNNINGHAM. That is correct.

Mr. EISENBERG. Now, Officer McDonald's statement that the primer of

one round was dented on misfire: as far as you can tell, could this

statement be confirmed?

Mr. CUNNINGHAM. No, sir; we found nothing to indicate that this

weapon's firing pin had struck the primer of any of these cartridges.

Mr. EISENBERG. Now, if the firing pin had struck the primer, it could

only have been after the trigger was pulled all the way back, under the

discussion you have just given us, is that correct?

Mr. CUNNINGHAM. Or after cocking.

Mr. EISENBERG. Or after it had been cocked and pulled?

Mr. CUNNINGHAM. Yes; if it is in the cocked position, grabbing the

cylinder will do you no good; due to the fact that in the very

operation of cocking this weapon, the cylinder is rotated, and it is

ready to be fired.

Mr. EISENBERG. Now, in either event, the hammer would have traveled

almost to the outermost extremity to which it can go. That is, the

hammer would have traveled back all the way, whether it was cocked or

fired in a double-action manner. If that had happened, what would the

likelihood be that upon returning to the cartridge case, it would not

fire the cartridge case--that upon returning to the cartridge, the

cartridge would not be fired?

Mr. CUNNINGHAM. You mean actually the hammer had gone all the way

through its cycle?

Mr. EISENBERG. Yes.

Mr. CUNNINGHAM. I can only say that from my examination internally, as

well as having fired this weapon--I found no reason why you would get a

misfire with this weapon.

Mr. EISENBERG. Now, if a man had put his hand between the hammer and

the point at which the hammer enters, with the firing pin, into the

breech face, would that stop the weapon from firing?

Mr. CUNNINGHAM. Yes and no. It is very possible that you can do it. And

it hurts, by the way, because the mainspring in this one--you can see

the indentation in my thumb--is a very strong mainspring. It would be

possible. You could put something in there.

Now, the question is when you pull that object out, would there be

enough distance and enough force to set off the primer?

That is quite a moot point, because you could grab the hammer and

recock it.

Mr. EISENBERG. Apart from that question, would the man's finger or

whatever object he stuck in there be firmly fixed for a second or two,

between the hammer and the breech face?

Mr. CUNNINGHAM. It could be.

Mr. EISENBERG. Would he feel the impact?

Mr. CUNNINGHAM. He would definitely feel the impact--if he had a piece

of tissue of his hand in between. Now, if a piece of material, of

course, went between it which I don't know how it could happen--if you

were struggling over the gun, and he said he grabbed the gun--I don't

know how he could have anything except a portion of his hand, and I am

sure he would feel it if the trigger was pulled.

Mr. EISENBERG. Finally, if he had just grasped the cylinder, and Oswald

had pulled back on the trigger, could you demonstrate the sound which

might have been heard?

Mr. CUNNINGHAM. Yes; you can hold it, and you get a snapping sound--if

the gun is grabbed away forcefully, and he would be really grabbing

hard. So there could have been an attempt to shoot and a snap would be

heard. Yes, sir.

Mr. EISENBERG. The only thing which is unlikely is that the primer

would be dented on the misfire?

Mr. CUNNINGHAM. You would not get any denting if the cylinder was held

and the gun was jerked forcibly out of Oswald's hands. You would hear

the snap, but you would get no mark on the primer whatsoever.

The same thing he could hear if he jerked it out of his hands and he

accidentally, somehow, hit the hammer--you would still get a noise, a

snapping sound. But the firing pin would not come in contact with the

primer of the cartridge.

Representative FORD. Because of the discussion we had a few minutes ago?

Mr. CUNNINGHAM. Yes, sir.

Representative FORD. Using the diagram that was inserted as Exhibit 593.

Mr. EISENBERG. One final question. Officer McDonald says in this

letter, "I then got a secure grip on the butt of the pistol."

Now, would that grip in itself in any way interfere with the action of

the pistol--the revolver?

Mr. CUNNINGHAM. I don't know what he means by that.

Mr. EISENBERG. If he means what he says, that is, if he got a secure

grip on the butt----

Mr. CUNNINGHAM. If he got a secure grip on the butt, that would take

him away.

Mr. EISENBERG. Take him away from what?

Mr. CUNNINGHAM. That would take him away from the cylinder. If you are

fighting over a weapon, the first thing is to get it off of you and

then get hold of the cylinder. And then you can get both hands on the

gun to jerk it away. That is what I would do.

As I say, it is the way we are taught. You want to get the gun off of

you first, so you are not in direct line, and then go in and attempt to

get it away from the person.

Mr. EISENBERG. Now, suppose the gun was pulled away from Oswald as

Oswald had his grip on the trigger, so that he could not get the

trigger through the complete cycle. Would there be a snapping noise

made?

Mr. CUNNINGHAM. Definitely. If you locked the cylinder and jerked it

away, you would get a snapping noise.

Mr. EISENBERG. Suppose you did not lock the cylinder, but for some

reason or other the full trigger cycle was not gone through?

Mr. CUNNINGHAM. Then you would also get it. It would be difficult, but

you could get it.

Mr. EISENBERG. How hard do you have to pull on that trigger in order to

fire the weapon?

Mr. CUNNINGHAM. For double action--that is, without cocking, it is

approximately 11 to 12 pounds, which is normal for this type of weapon.

Mr. EISENBERG. Now, I handed you earlier four cartridge cases in

a plastic envelope marked Q-74, Q-75, Q-76, and Q-77, also marked

C47-C50. Are you familiar with these cartridge cases?

Mr. CUNNINGHAM. I am. I have previously looked at them.

Mr. EISENBERG. Do they have your mark on them?

Mr. CUNNINGHAM. They do. Right on the side of each one, right there.

Mr. EISENBERG. When did you receive these cartridge cases?

Mr. CUNNINGHAM. These cartridge cases were received from the Dallas

office of the FBI on November 30, 1963.

Mr. EISENBERG. For the record, I would like to state that these

cartridge cases were found in the immediate proximity of the site at

which Officer Tippit was killed. They were found on the ground near the

street where Officer Tippit was killed on November 22.

Representative FORD. These are the ones that were found in the street

near the automobile?

Mr. EISENBERG. Well, either in the street or in a lawn in front of a

private residence, or semiapartment house.

Representative FORD. I see. In other words, they were possibly some of

those that were on the lawn in the front of 400?

Mr. EISENBERG. Yes, sir; again, for the record only, since this witness

is unable to testify as to where they were picked up. The mechanism of

this revolver is such that the shells are not ejected until the user

decides to eject them--unlike a bolt-action rifle where the cartridge

must be ejected where you shoot from.

Mr. Chairman, I would like to have these four cartridge cases

introduced into evidence as 594.

Representative FORD. They may be admitted.

(The articles referred to were marked Commission Exhibit No. 594, and

received in evidence.)

Mr. EISENBERG. Now, Mr. Cunningham, could you describe the make of

these cartridge cases?

Mr. CUNNINGHAM. Two of these cartridge cases are Remington-Peters .38

Special cartridge cases. The other two cartridge cases are Western .38

Special cartridge cases.

Mr. EISENBERG. Now, you examined earlier six bullets which I told you

had been--six cartridges which I told you had been taken from the

chamber of the revolver which we have been looking at.

Those cartridges were divided into three Remington-Peters and three

Western, were they not?

(At this point, Representative Boggs entered the hearing room.)

Mr. CUNNINGHAM. Yes, sir.

Mr. EISENBERG. So that--or 50-50. So that the division is the

same, the division of the cartridge cases is the same, as between

Remington-Peters and Western, as the division of the cartridges

found--which I told you were found in the chamber?

Mr. CUNNINGHAM. Yes, sir.

Mr. EISENBERG. Did you examine the cartridge cases in Exhibit 594 in an

attempt to determine whether they had been fired in Exhibit 143, the

revolver, to the exclusion of all other revolvers?

Mr. CUNNINGHAM. I did.

Mr. EISENBERG. Can you tell us your conclusion?

Mr. CUNNINGHAM. As a result of my examination, it is my opinion that

those four cartridge cases, Commission Exhibit 594, were fired in the

revolver, Commission Exhibit 143, to the exclusion of all other weapons.

Mr. EISENBERG. When did you perform this examination, Mr. Cunningham?

Mr. CUNNINGHAM. On November 30, 1963.

Mr. EISENBERG. And how did you make the examination?

Mr. CUNNINGHAM. I first marked these cartridge cases upon receiving

them. There were four. I would like to state, first of all that

Special Agents Frazier and Killion also independently examined these

four cartridge cases, and made the same comparisons that I am going

to state. I am telling you what I found--although they independently

arrived at the same conclusion.

The cartridge cases were first marked and examined for the presence of

any individual characteristic marks on these cartridge cases whereby it

would be possible to identify them as having been fired in a weapon. I

then test-fired Commission Exhibit 143, using similar ammunition, and

microscopically compared the four cartridge case--one at a time--that

is Commission Exhibit 594--with the tests obtained from the revolver,

Commission Exhibit 143.

Mr. EISENBERG. I hand you here two cartridge cases, and ask you whether

you are familiar with these cartridge cases?

Mr. CUNNINGHAM. I am.

Mr. EISENBERG. And can you describe these cartridge cases to us?

Mr. CUNNINGHAM. Yes. One is a Western .38 Special cartridge case. The

other is a Winchester .38 Special cartridge case.

Mr. EISENBERG. And how did you get possession of these cartridge cases?

Mr. CUNNINGHAM. These were test-fired in Commission Exhibit No. 143, by

myself.

Mr. EISENBERG. So these are the test cartridges you were referring to?

Mr. CUNNINGHAM. That was a portion of them; yes.

Mr. EISENBERG. Mr. Chairman, may I have these admitted as Commission

Exhibit 595?

Representative FORD. They will be admitted.

(The articles referred to were marked Commission Exhibit No. 595, and

received in evidence.)

Mr. CUNNINGHAM. I also would like to state that we were test firing

Remington-Peters, also.

Mr. EISENBERG. How many test cartridges were fired, Mr. Cunningham?

Mr. CUNNINGHAM. To begin with, three. And we have since fired the

weapon many times.

Representative BOGGS. How many cartridges were fired by Oswald?

Mr. EISENBERG. We are going to get into that. This is a difficult

question which you are going to have to make a decision on. So I would

rather develop that slowly.

I notice that one of the cartridge cases in Exhibit 595 is split on the

side, Mr. Cunningham.

Mr. CUNNINGHAM. Yes, sir.

Mr. EISENBERG. Why is that?

Mr. CUNNINGHAM. That is due to the oversized chambers of this revolver.

As I previously testified, the weapon was originally chambered for the

.38 S&W, which is a wider cartridge than .38 Special. And when a .38

Special is fired in this particular weapon, the case form fits to the

shape of each chamber. And in one of those cartridges, the metal just

let go. Normally it does not; however this one particular case split

slightly.

Representative FORD. Does that have any impact on the rest of the

operation?

Mr. CUNNINGHAM. No, sir. As a matter of fact, I test-fired the weapon

originally, and I didn't even know it had split until I tried to eject

it.

Mr. EISENBERG. You mentioned before, by the way, that there had been no

misfires with this weapon. Approximately how many times was the weapon

fired altogether?

Mr. CUNNINGHAM. I would have no way of knowing exactly, but I imagine

we are approaching close to a hundred times by now.

Mr. EISENBERG. And no misfires?

Mr. CUNNINGHAM. And no misfires.

Mr. EISENBERG. Now, Mr. Cunningham, did you take photographs of the

cartridge cases which you have just identified as having been fired

from 143, and the cartridge cases which are Commission Exhibit No. 595?

Mr. CUNNINGHAM. I did.

Mr. EISENBERG. Did you make your identification on the basis of the

photographs or on the basis of your examination under the microscope?

Mr. CUNNINGHAM. My conclusions were arrived at strictly on the basis

of my examinations. These photographs in no way entered into the

identification and are strictly for demonstrative purposes.

Mr. EISENBERG. Could you show us these photographs, Mr. Cunningham?

Mr. CUNNINGHAM. Yes, sir.

Mr. EISENBERG. Let's take them one at a time, and let's introduce

them as exhibits, one at a time. I have here--you have given me five

photographs. Did you take each of these photographs?

Mr. CUNNINGHAM. As a matter of fact; I did. I personally took these.

Mr. EISENBERG. And these are photographs of what?

Mr. CUNNINGHAM. They are photographs of the individual characteristic

marks on the base and in the firing-pin impression on test cartridge

cases obtained from Oswald's revolver, and also the marks on the base

and in the firing-pin impression on the cartridge cases, Commission

Exhibit No. 594.

Mr. EISENBERG. Mr. Chairman, I would like these admitted, if you would,

as 596, 597, 598, 599, and 600.

Representative FORD. They may be admitted.

(The documents referred to were marked Commission Exhibits Nos. 596

through 600, and received in evidence.)

Representative FORD. Will the witness explain to the Commission what

they mean?

Mr. EISENBERG. Yes; he will. Did you also make a photograph of the

breech face of the weapon, Mr. Cunningham?

Mr. CUNNINGHAM. I did. I didn't take this photograph. I was present

when it was taken. I have compared the negative with the actual breech

face of Commission Exhibit 143, and I found it to be a true and

accurate reproduction.

Mr. EISENBERG. Could you show us that photograph? May I have that

admitted as 601, Mr. Chairman?

Representative FORD. It may be admitted.

(The document referred to was marked Commission Exhibit No. 601, and

received in evidence.)

Mr. EISENBERG. Could you show us the area of the revolver which

corresponds to the area shown in the photograph, Exhibit 601?

Mr. CUNNINGHAM. Yes, sir. The cylinder was first removed to facilitate

the photograph. That is very easily done by removing the forward

sideplate screw, which is just above the trigger, which allows the

crane to slide right out, and the cylinder removed.

The photograph was taken from the right side, looking in toward the

firing-pin hole.

Representative BOGGS. Just the way you are holding the revolver now?

Mr. CUNNINGHAM. Yes, sir; just the way I am holding it now.

Representative BOGGS. With the cylinder removed?

Mr. CUNNINGHAM. With the cylinder removed.

Mr. EISENBERG. Now, there is a cylindrical-shaped object in the center

of that picture, Mr. Cunningham. Could you describe what that is--right

in the center of the picture?

Mr. CUNNINGHAM. That is known by two different names. It is known as a

hammer-nose bushing, or a recoil block. It is--Smith and Wesson presses

this particular block in. It forms the hole through which the firing

pin comes out of the breech face.

Mr. EISENBERG. That is, the firing pin strikes the center of the

cartridge, or the primer, as it is called?

Mr. CUNNINGHAM. Yes.

Mr. EISENBERG. Which causes the cartridge to fire. Now, what is the

magnification of the photograph of the breech face?

Mr. CUNNINGHAM. Of the breech face, it is approximately 17 times.

Mr. EISENBERG. There are a number of markings or lines on this breech

face. Are these the microscopic characteristics which reproduce on the

cartridge cases?

Mr. CUNNINGHAM. That is correct.

Mr. EISENBERG. And are the microscopic characteristics of this breech

face individual to this weapon, to the exclusion of all other weapons?

Mr. CUNNINGHAM. They are.

Mr. EISENBERG. This is your method of determining that a given

cartridge case has been fired from a given weapon?

Mr. CUNNINGHAM. The breech face marks, as well as the individual

imperfections in the firing pin.

Representative BOGGS. Let me ask a very elementary question, the answer

to which I used to know years ago, but I have forgotten. Just exactly

what does the firing pin do? What happens after that strikes?

Mr. CUNNINGHAM. Well, it is easier to start with the cartridge itself.

The components of a cartridge are a bullet, a cartridge case, a primer

in the base of the cartridge case, and powder.

Now, the primer is made out of a very soft metal that can be dented.

These primers at manufacture are filled with, basically, an explosive.

For instance, Remington-Peters cartridges have PETN, which is one of

Du Pont's explosives. RDX is used as one of the components of Western

cartridge cases, as well as lead styphnate, lead azides, and other

explosive materials.

When the firing pin strikes, there is a small explosion. Fire is given

off----

Representative BOGGS. How does that bring about the explosion?

Mr. CUNNINGHAM. It is sensitive to detonation by a sharp blow.

Mr. EISENBERG. That is, the primer is sensitive?

Mr. CUNNINGHAM. Yes; it is an explosive. To differentiate from the

powder, which is not explosive. Powder burns.

Mr. EISENBERG. Now, I have taken Commission Exhibit No. 591, which

consists of an unfired cartridge, and there is a round circle in the

middle of the base of that cartridge. Is that the primer?

Mr. CUNNINGHAM. Yes. That is actually a separate entity that has been

pressed into a hole in the base of the cartridge case.

Mr. EISENBERG. And that is more sensitive to shock than the powder in

the cartridge case itself?

Mr. CUNNINGHAM. Yes. Powder is relatively insensitive. You don't set

off powder by a blow.

Mr. EISENBERG. But the primer is quite sensitive?

Mr. CUNNINGHAM. That is normally. I am talking about a normal blow.

The primer is very sensitive. I just named a few of the components,

but there are many other compounds in priming mixtures, which are

considered secret by each company. But I know that they are explosive

mixtures. And the actual striking of the firing pin--with enough

force--causes a small detonation to occur. The fire given off, goes

through holes in the base, and into where the powder is, and starts the

powder burning. It is the gases that are given off when powder burns,

which actually cause the bullet to move forward--the pressure builds up

behind it, and the bullet goes forward.

Representative BOGGS. That is a very good explanation. Thank you.

Mr. EISENBERG. Mr. Cunningham, I wonder whether you could review the

pictures with us, and discuss some of the markings which you found in

those pictures that led you to decide that the cartridge cases shown

therein have been fired in the revolver we have been discussing.

Mr. CUNNINGHAM. Yes. The first photograph is a photograph of the

breech-face marks, the individual characteristic marks remaining on

test cartridge cases obtained from the revolver, and on the C-50

cartridge case that was recovered from the scene. C-50 is on the left.

C-15 is on the right. And the hairline, the magnified hairline down the

center separates the two cartridge cases.

Mr. EISENBERG. Now, is the invariable procedure to put the test

cartridge on the right and the suspect cartridge on the left? Or at

least is that your standard procedure?

Mr. CUNNINGHAM. I usually put the suspect on the left.

Mr. EISENBERG. Well, in the photographs at any rate, in all the

photographs we are going to see, the test cartridge is on the right,

and the suspect cartridge is on the left?

Mr. CUNNINGHAM. Usually.

Mr. EISENBERG. And what is the magnification of this photograph?

Mr. CUNNINGHAM. It is approximately 91 times.

Mr. EISENBERG. Could you go on, please?

Mr. CUNNINGHAM. Yes. On the left you will see the stamping, "SP", which

is in the cartridge case itself. And over here next to the hairline you

will see the individual characteristic marks. And you will see similar

marks continuing on the other side of the hairline.

On the C-15, the revolver side, you will see a dark portion running

vertically down through. That is the space that the Congressman was

asking about--how it fits the primer. That is the small space at the

top where the primer fits into the base of the cartridge. And over here

to the right of that dark mark you will see a lighter colored object

with more individual characteristic marks, that is actually the primer,

the individual characteristic marks on the primer of the test cartridge

case.

Mr. EISENBERG. Now, as I understand it, in effect this picture can

be viewed as a composite cartridge? That is, the picture on the left

begins where the picture on the right ends, in terms of position on the

cartridge case?

Mr. CUNNINGHAM. In essence; yes.

Mr. EISENBERG. And the point of the picture is to show that when you

make this composite, the lines on each case show up as if there were no

composite at all, but as if they were simply one case, because they are

so close together in microscopic markings?

Mr. CUNNINGHAM. Yes; in proximity. And they are brought together.

Representative BOGGS. And so similar?

Mr. CUNNINGHAM. Yes.

Representative BOGGS. What is the magnification again?

Mr. CUNNINGHAM. That is approximately 91 times.

Mr. EISENBERG. Are there any dissimilarities on the two--on the test

and the suspect cartridge cases, Mr. Cunningham?

Mr. CUNNINGHAM. Yes, sir; there are always dissimilarities. However,

the similarities so outweigh the dissimilarities that it is an

identification. If there are no dissimilarities, I would be suspicious

that it would be faked--using the same photograph and just cut and put

together.

There are always dissimilarities.

Mr. EISENBERG. Can you explain why there are always dissimilarities

when the two cartridge cases are fired in the very same weapon?

Mr. CUNNINGHAM. The metal is different; one cartridge case is slightly

harder than another; for some reason the cartridge case wasn't driven

back, upon firing, into the breech face exactly the same way. In other

words, these marks are reproducing, but you don't get exactly the same

hit. It would not be possible to get exactly the same hit time after

time with different cartridge cases.

Representative FORD. What ratio of similarities and dissimilarities do

you have to have?

Mr. CUNNINGHAM. There is no ratio. Based upon the examiner's training

and experience, he comes to the conclusion that a particular cartridge

case or bullet has been fired from a particular weapon. As in this

photograph, you can see the dissimilarity is very slight. These are

excellent marks.

Representative FORD. There was never any doubt in your mind, then?

Mr. CUNNINGHAM. None whatsoever.

Mr. EISENBERG. You say these are particularly strong marks?

Mr. CUNNINGHAM. These are very, very, good marks.

Mr. EISENBERG. Now, these marks are on the brass, so to speak, of the

cartridge case, rather than in the primer?

Mr. CUNNINGHAM. Yes; that is correct. Actually, it is brass, it is

nickelplated brass.

Mr. EISENBERG. Is that unusual, to be able to pick up such strong marks

in the brass as opposed to the primer of the cartridge case?

Mr. CUNNINGHAM. It is not really unusual; no. It depends upon the

particular weapon.

Mr. EISENBERG. Did you also examine the microscopic markings on the

primer?

Mr. CUNNINGHAM. I did.

Mr. EISENBERG. And you found what?

Mr. CUNNINGHAM. I could identify the weapon on the basis of the

imperfections, individual characteristic marks, in the firing-pin

impression.

Mr. EISENBERG. The firing-pin impression. And what about the area of

the primer around the firing-pin impression?

Mr. CUNNINGHAM. Yes, sir.

Mr. EISENBERG. In other words, each of these three areas--the brass,

the primer, and the firing-pin impression--carries individually

characteristic microscopic marks which would be the basis of

identification?

Mr. CUNNINGHAM. Yes, you cannot make a flat statement.

Mr. EISENBERG. No; in this case.

Mr. CUNNINGHAM. In this particular case, I knew at the time I was

examining it, all of the firing-pin impressions were excellent, and

some portions of the breech-face marks were. But you cannot say they

will mark in exactly the same place, due to the fact that these cases

will mark in different areas, they are different cartridges, they have

been fired at a different time. You will get good areas, and then in

another area your marks will not be sufficient. In other words, it is

just the way the cartridge case was driven back at the time of the

explosion in the primer, and the bullet is fired.

They can hit slightly different, hit deeper on one side, be lighter

on the other. When a primer is set in a little bit deeper, it will

not pick up these marks on the primer part, whereas the firing-pin

impression can be excellent--one portion of the case will be excellent.

But each one is a different examination. And many times they will mark

in different places.

Mr. EISENBERG. Could you show us the next photograph?

Mr. CUNNINGHAM. Yes, sir. This is Commission document No. 597. This is

a photograph, photomicrograph, rather, of the breech face marks on two

cartridge cases. The one on the left is C-49, which is our number C-49,

and the one on the right of the hairline is a test cartridge case from

this revolver.

Mr. EISENBERG. What is the magnification?

Mr. CUNNINGHAM. This one was approximately 120 times.

Mr. EISENBERG. Is the magnification equal on both sides?

Mr. CUNNINGHAM. It is.

Mr. EISENBERG. Is that true of all the pictures you are showing us

today?

Mr. CUNNINGHAM. Yes, sir. The negative is taken at exactly the same

time. You are photographing through a single eyepiece, with a focusable

hairline down the middle, whatever is on both stages of your comparison

microscope.

Mr. EISENBERG. Could you turn that picture around again?

Mr. CUNNINGHAM. Yes.

Mr. EISENBERG. These marking are also on the brass, or outside of the

primer?

Mr. CUNNINGHAM. That is correct.

Mr. EISENBERG. And again it is a sort of a composite photograph?

Mr. CUNNINGHAM. That is correct.

Mr. EISENBERG. Now, these markings seem a little less distinct than the

others.

Mr. CUNNINGHAM. It is in a different area. On this particular case, the

marks are excellent. You can see down in here some nice fine marks, and

then the heavier marks coming across there. They are good marks.

Representative FORD. Could you point out, as you look at the

photograph, what you consider good similarities, which would help you

in the identification?

Mr. CUNNINGHAM. Yes, sir. Now, this is not the only point of

similarity. These strictly demonstrate the type of marks. There are

many more marks on these cartridge cases, all over the base of the

cartridge cases, as well as in the firing-pin impressions. But Mr.

Eisenberg asked that we have a photograph to demonstrate the type of

marks on each particular cartridge case.

Representative FORD. This is only illustrative, then?

Mr. CUNNINGHAM. That is correct. My identification was not based on

this picture. It was based on my complete microscopic examination

and comparison of test cartridge cases from the revolver with this

particular cartridge case.

Representative FORD. Could you show me the similarities?

Mr. CUNNINGHAM. Yes. You see, you have your large--it is slightly out

of focus up towards this end----

Mr. EISENBERG. Excuse me, as you demonstrate this, could you mark with

circles and with a number what you are talking about, so when the

record is looked at it is clear what you are talking about?

Mr. CUNNINGHAM. All right--up here, near the top, you will find a very

deep ridge, which I will mark "1." As you are coming down, you will

find another real deep ridge, which I will mark "2."

When you consider this is 120 times, this is actually quite close

together, except it has been magnified--you have a set of marks

resembling "railroad tracks," which I will mark "3."

You will find over here--you go down to your next step. There are

similarities in between there. The next big set of "railroad tracks" I

will mark "4."

Then you move down, and you will find another similarity, four nice

marks down near the bottom. This whole area is similar. You are going

out of focus, but you can see these "railroad tracks." They are running

along very nicely, and that is being marked "No. 5."

Warren Commission (03 of 26): Hearings Vol. III (of 15) · 第 294 / 320 题