TESTIMONY OF RUTH HYDE PAINE RESUMED

The testimony of Ruth Hyde Paine was taken at 7:30 p.m., on March 23,

1964, at 2515 West Fifth Street, Irving, Tex., home of deponent by Mr.

Albert E. Jenner, Jr., assistant counsel of the President's Commission.

Mr. JENNER. Let the record show that this is a resumption of the

deposition of Mrs. Ruth Avery Hyde Paine, who appeared before the

Commission last week and whose supplemental deposition I took on

Saturday.

Since we are in a different jurisdiction now, Mrs. Paine, may I swear

you?

Mrs. PAINE. You may affirm me.

Mr. JENNER. All right. Do you affirm that the testimony that you are

about to give will be the truth, the whole truth, and nothing but the

truth?

Mrs. PAINE. To the very best of my ability, I do so affirm.

Mr. JENNER. Present at the taking of this deposition is John Joe

Howlett, H-o-w-l-e-t-t [spelling] of the U.S. Secret Service.

We are at the moment in the dining room-kitchen area of Mrs. Paine's

home; is that correct, Mrs. Paine?

Mrs. PAINE. That's correct.

Mr. JENNER. And Mr. Howlett and I have measured the rooms in the

presence of Mrs. Paine. The dining room-kitchen area is open. It's

full length from wall to wall is 25 feet and 4 inches in length and 12

feet, 4 inches in width. The distance from the west wall of the dining

room-kitchen area to the outside wall of the bedroom on the northeast

corner is 31 feet, 2 inches. That particular bedroom in the northeast

corner is 12 feet by 12 feet, 1 inch. The southeast corner of the house

consists of a bedroom directly to the south of the first bedroom I have

just described and it is 12 feet, 1 inch by 10 feet, 9 inches. That

particular bedroom opens by window, a large picture window onto West

Fifth Street. The northeast bedroom has two windows, one on the north

wall and one on the east wall. These are unlike the southeast bedroom

in that neither of these windows is a picture window.

Mrs. PAINE. The southeast bedroom also has two windows and the picture

window, I think, gives a slightly larger impression than I have of

it--it's around 43 inches wide.

Mr. JENNER. Shall we measure it, then?

(At this point Counsel Jenner and Agent Howlett took the measurements

discussed.)

Mr. JENNER. The picture window facing on Fifth Street is--why don't you

recite it, Mr. Howlett?

Agent HOWLETT. Three feet, three inches and four feet, eight inches

high.

Mr. JENNER. Three feet, three inches wide and four feet, eight inches

high?

Agent HOWLETT. Right.

Mrs. PAINE. That's not very wide is it--39 inches?

Mr. JENNER. Mrs. Paine, would you be good enough to go outside at the

curb and stand at the place at which the FBI agent's automobile was on,

as I recall your testimony, November 5, 1963, so that we can observe

you through the picture window we have just mentioned and read it in

the evidence?

Mrs. PAINE. I'll do my best.

(At this point the witness, Mrs. Paine, left the house and proceeded to

comply with the request of Counsel Jenner and Counsel Jenner stationed

himself in the bedroom referred to before the window.)

Mr. JENNER. Back on the record. Mrs. Paine, I have asked you to locate

as near as you can, to the best of your recollection, the position of

the FBI agent's automobile where he parked on November 5, 1962, when he

made his second visit to you, and have you done so?

Mrs. PAINE. To the best of my recollection I have to say to you that I

cannot be absolutely certain that the blue Oldsmobile was in front of

my house on that day. I don't remember for certainty. If my husband's

other car was being fixed, it was not in front of the house but that

should be easily determined by asking the repair shop.

Mr. JENNER. Now, would you afford me your best recollection, however,

at the moment?

Mrs. PAINE. My best recollection is that it was on the street. You now

see Mr. Howlett's car.

Mr. JENNER. I will describe that and you listen to me as I describe it.

I am now in the southeast bedroom of Mrs. Paine's home, looking out the

picture window facing onto Fifth Avenue.

Mrs. PAINE. Street.

Mr. JENNER. On Fifth Street.

Mrs. PAINE. Yes.

Mr. JENNER. And I see two automobiles; first, there is a large--what is

that, an elm or oak?

Mrs. PAINE. It is an oak.

Mr. JENNER. An oak tree--I would say about 26 inches through, which is

in the center of the lawn in front of the house. We will measure it,

John Joe, and the lawn in due course, but the Secret Service automobile

is now parked at the curb on the northeast street, which is the curb

at the Paine home and directly in front of which is the blue and

cream-colored automobile. Is that a four-door or two-door?

Mrs. PAINE. I don't know--I guess it is a two-door.

Mr. JENNER. It is a two-tone, two-colored car, blue body and a

cream-colored trim, which extends across the hood. The front bumper of

Agent Howlett's automobile is just about touching the rear bumper of

the automobile. The two cars together, or the combined length spans

substantially all of the space between the driveway on the left, which

is, I take it, the driveway to the Roberts' home.

Mrs. PAINE. No; they are on the other side of the street. It's a home

that's not now used.

Mr. JENNER. The house is not occupied--that home?

Mrs. PAINE. It has not been occupied for over a year.

Mr. JENNER. That home that I am talking about is the home to the east,

and as the witness has stated, it has not been occupied for a year.

It was unoccupied, then, during the time that Marina stayed with you

last fall?

Mrs. PAINE. That's right.

Mr. JENNER. And the front end or front bumper of the blue and cream

automobile is just a few feet east of the automobile drive over on the

west side of the Paine premises?

Mrs. PAINE. I would like to put my children to bed now.

Mr. JENNER. Could you wait just 1 second? I wish John Joe would check

me on this standing where I am, looking out this window.

It is impossible--at least impossible to see any license plate on

either of the two automobiles parked at the curb I have described.

Agent HOWLETT. Yes; that's correct.

Mr. JENNER. And, you are shining your searchlight on both automobiles?

Agent HOWLETT. I am shining a flashlight on the front and rear of both

automobiles and you cannot even see the license plate, much less any of

the numbers.

Mr. JENNER. You can't even see whether there are license plates, let

alone make out the numbers?

Agent HOWLETT. That's correct, you can't even see the numbers.

Mr. JENNER. All right, we will suspend for your convenience now.

(At this point Counsel Jenner, Agent Howlett, and Mrs. Paine, as

well as the court reporter, left the area of the bedroom heretofore

mentioned from which window the examination was being made of premises

outside the window, Mrs. Paine proceeding to care for her children

and Counsel Jenner, Agent Howlett and the court reporter returning to

the dining room-kitchen area where the deposition is primarily being

conducted. Shortly thereafter Mrs. Paine returned to the area of the

taking of the deposition and proceedings of same continued as follows:)

Mr. JENNER. Mrs. Paine, you were present when I described the view or

described my observations looking through the picture window first on

Fifth Street?

Mrs. PAINE. Yes.

Mr. JENNER. And, was I accurate in my description of the lot area and

the automobiles parked in front and what could be seen and what could

not be seen in the way of a license plate?

Mrs. PAINE. Yes; you were accurate.

Mr. JENNER. On the 5th day of November did an agent of the FBI come for

a second time to interview you?

Mrs. PAINE. I didn't recall the day, but I have been told it was that

day--yes.

Mr. JENNER. While you do recall that it was 4 or 5 days after the 1st

of November?

Mrs. PAINE. That's correct.

Mr. JENNER. What time of day was it, or night, if it was night?

Mrs. PAINE. I'm trying to think what else was going on.

Mr. JENNER. Go ahead.

Mrs. PAINE. My best estimate--it was afternoon.

Mr. JENNER. I'll ask you this, it was during the daytime?

Mrs. PAINE. Yes; it was during the day.

Mr. JENNER. What is your recollection as to the state of the weather?

Mrs. PAINE. It was a fair day, and I think it was afternoon, but I'm

not sure--absolutely certain of that.

Mr. JENNER. By the way, was it Agent Hosty?

Mrs. PAINE. Yes; it was. He had someone else with him that time.

Mr. JENNER. And did the other FBI agent come in with Agent Hosty?

Mrs. PAINE. Well, just barely across the threshold.

Mr. JENNER. Did either of these gentlemen give you the license number

of the automobile which they had parked in front of your home?

Mrs. PAINE. No; they did not.

Mr. JENNER. Did you ascertain that license number?

Mrs. PAINE. No; I did not.

Mr. JENNER. Did you make any attempt to do so?

Mrs. PAINE. No; I made no attempt to.

Mr. JENNER. Was Marina Oswald in your home on that occasion?

Mrs. PAINE. She was in my home.

Mr. JENNER. When they arrived, where was she in your home?

Mrs. PAINE. When they arrived, she was in the front bedroom.

Mr. JENNER. Was anything said during the whole course of their presence

and even afterward by her, which indicated or led you to believe or by

implication or otherwise, that she had observed the license number on

the FBI automobile?

Mrs. PAINE. Nothing was said that might indicate that.

Mr. JENNER. Or any implication or anything from what you might have

drawn an inference, that she had paid attention to a license number?

Mrs. PAINE. Nothing at all.

Mr. JENNER. Did a discussion occur during that conference or interview

in which Agent Hosty made reference to the parking of his automobile on

the occasion of November 1 when he had interviewed you?

Mrs. PAINE. This is entirely possible. I recall distinctly that I

noticed that they were parked down the street or he was parked down the

street on the first interview, and it seems to me----

Mr. JENNER. You had noticed that at the time?

Mrs. PAINE. I had noticed that.

Mr. JENNER. And how did that come to your attention?

Mrs. PAINE. I think Mr. Hosty may have brought it up, brought it up to

his having talked to my neighbor a previous time. He made the point

that he tried not to be too obvious or upset the neighbors by their

visits.

Mr. JENNER. And having that delicacy in mind, he had parked the car

down the street?

Mrs. PAINE. The first time.

Mr. JENNER. The neighbor to whom you refer is Mrs. Roberts?

Mrs. PAINE. That's right.

Mr. JENNER. And her home is next door to the west?

Mrs. PAINE. That's right--2519.

Mr. JENNER. Now, we have used the general term "down the street;" which

way was "down the street," to the west or to the east?

Mrs. PAINE. How did we use the term?

Mr. JENNER. You said he said he parked down the street.

Mrs. PAINE. I don't recall exactly whether it was down--my best

recollection is that he was parked in front of the house that the

Ponders used to live in.

Mr. JENNER. The whom?

Mrs. PAINE. The Ponders.

Mr. JENNER. P-o-n-d-e-r-s [spelling]?

Mrs. PAINE. P-o-n-d-e-r-s [spelling]--Ponder is the name, but it is the

brick house on the southwest corner of Fifth Street and----

Mr. JENNER. Excuse me, that's east.

Mrs. PAINE. The southwest corner of the crossing of Fifth Street and

whatever it is--you know, Westbrook.

Mr. JENNER. Is that the crossroad?

Mrs. PAINE. In other words--yes--it's directly diagonal from the

Randles.

Mr. JENNER. Is it southeast and at a diagonal across the street from

your home?

Mrs. PAINE. Yes; or, it may have been down the street farther the other

way, or I may be confused with what Mrs. Roberts told me about where he

parked when he first came to talk with her.

Mr. JENNER. Let me ask you: Did you see his car, his automobile on that

day--November 1st?

Mrs. PAINE. I believe I did--yes.

Mr. JENNER. Did you watch him leave the premises and just watch the two

men drive away?

Mrs. PAINE. There was only one the first time.

Mr. JENNER. All right.

Mrs. PAINE. Well, I can't recall. But I would think it likely that I

did.

Mr. JENNER. Where was Marina on that occasion?

Mrs. PAINE. She was in the living room with me.

Mr. JENNER. Was she beside you?

Mrs. PAINE. Yes.

Mr. JENNER. Were you both looking out the window?

Mrs. PAINE. To the best I can recall.

Mr. JENNER. And had you so desired, could you have seen the license

plate on Agent Hosty's automobile on that occasion, to wit, November

1st?

Mrs. PAINE. Not with 20-40 vision.

Mr. JENNER. Do you have 20-40 vision?

Mrs. PAINE. It's 20-40 or 20-50--I forget.

Mr. JENNER. Do you have an opinion as to whether the license plate

could have been seen with 20-20 vision?

Mrs. PAINE. I don't have an opinion.

Mr. JENNER. Did Agent Hosty pass in front of your house?

Mrs. PAINE. I don't recall at all.

Mr. JENNER. Now, facing as you are, onto Fifth Street, do you have that

recollection now as to whether the FBI automobile passed when Mr. Hosty

left and drove away, did it pass in front of your house?

Mrs. PAINE. My best recollection is that I had already taken my

attention elsewhere, that I didn't try to notice, and certainly I did

not notice whether he passed in front of the house.

Mr. JENNER. At any rate, you did not look at the license plate?

Mrs. PAINE. No.

Mr. JENNER. And seek to ascertain the number?

Mrs. PAINE. No; I did not.

Mr. JENNER. Do you know whether Marina did?

Mrs. PAINE. I don't know.

Mr. JENNER. Do you know whether she could have?

Mrs. PAINE. That's possible--she might have if one can see that with

normal vision.

Mr. JENNER. So that on the November 1st date, you are unable to fix

definitely whether she did or didn't, or could or could not have seen

the license plate and the number of Agent Hosty's automobile?

Mrs. PAINE. That's right.

Mr. JENNER. Would you give us your best judgment in the premises as to

whether she did--you had some feeling of her presence on that day, have

you not?

Mrs. PAINE. Yes; I certainly didn't see her write anything down.

Mr. JENNER. And what was your impression, if you had any?

Mrs. PAINE. I have none.

Mr. JENNER. You just weren't thinking of license plates at all?

Mrs. PAINE. No; I wasn't.

Mr. JENNER. Were you thinking of them on the fifth?

Mrs. PAINE. No; I wasn't.

Mr. JENNER. In any event, the automobile of Agent Hosty was parked, as

you say, down the street and some few houses, at least a number of feet

away from your home on the first, whereas, he parked it in front of

your home as we have now noted on the fifth.

Mrs. PAINE. Yes.

Mr. JENNER. I notice you have a bathtub shower?

Mrs. PAINE. Yes.

Mr. JENNER. Was Lee Oswald in the habit of taking a shower?

Mrs. PAINE. He often took a shower when he arrived home from work on

Friday, when he arrived here from work on a Friday afternoon and before

dinner.

Mr. JENNER. Did he take a shower, to your recollection, in the mornings

when he was here?

Mrs. PAINE. I don't recall his having done so.

Mr. JENNER. Do you have any recollection as to whether he took a shower

in any event on the morning of November 22?

Mrs. PAINE. I have no recollection of him at all on the morning of

November 22d, except an empty coffee cup.

Mr. JENNER. I take it that, and I should say in the presence of

yourself and Mr. Howlett, that the bathroom is located on the north

side of the house in between the wall of the northeast bedroom and the

back wall of the combination kitchen and dining room area.

Mrs. PAINE. Yes.

Mr. JENNER. Am I correct?

Mrs. PAINE. That's right.

Mr. JENNER. And when a shower is taken and you are in your bedroom

where you were as I recall on November 22 in the morning, it makes a

noise and it's quite noticeable to you, is it?

Mrs. PAINE. If I'm asleep, there are many things that are not

noticeable to me. I do leave my room door open.

Mr. JENNER. Well, apart from whether you were asleep, I just wanted to

get that--whether you could hear it.

Mrs. PAINE. I would certainly hear it.

Mr. JENNER. And does it make enough racket or noise so that it might

well awaken you if it's turned on?

Mrs. PAINE. Yes; especially that close to morning.

Mr. JENNER. And you were not awakened this morning by any shower?

Mrs. PAINE. No.

Mr. JENNER. Do you have a recollection as to whether you noticed, when

you performed your own ablutions that morning as to whether the shower

had been employed, that is, was the shower curtain moist or wet?

Mrs. PAINE. I made no notice such as that.

Mr. JENNER. Is it likely that had the shower been used you would have

noticed it?

Mrs. PAINE. No; I can't say as it is.

Mr. JENNER. You had, I gather, no sense of his presence that morning

and his leavetaking that morning at all until you arose and he was then

gone?

Mrs. PAINE. That's right.

Mr. JENNER. You heard no moving about on his part prior to your

awakening?

Mrs. PAINE. No moving about on his part at all when I looked when I

awoke.

(At this point Counsel Jenner and Agent Howlett took other measurements

in the hallway of the Witness Paine.)

Mr. JENNER. Mr. Howlett and I have measured the bathroom and it is 5

feet wide and 8 feet 8 inches long. The hallway running north and south

at the entrance to the 2 bedrooms, using the wall instead of the jamb,

9 feet 6 inches long, and 3 feet 4 inches wide.

The living room, which faces on Fifth Street and is to the east of the

garage wall and to the west of the hallway, running across to the 2

bedrooms which we have just measured, and which faces out onto Fifth

Street, is 13 feet wide by 16 feet 8 inches long. Now, Mrs. Paine,

I'll stand beside you, if I may, and I am facing toward Fifth Street,

am I not?

Mrs. PAINE. Yes.

Mr. JENNER. And we are sitting in the dining room portion of the

combination kitchen-dining room?

Mrs. PAINE. Yes.

Mr. JENNER. Directly in front of us--I am standing right behind you--on

the left is a doorway entering into your living room?

Mrs. PAINE. That's right.

Mr. JENNER. There is a wall between that wall jamb and another door

jamb to the right or west?

Mrs. PAINE. Yes.

Mr. JENNER. And that door opens onto what?

Mrs. PAINE. It goes into the garage.

Mr. JENNER. Now, John Joe, if you will measure the distance between the

outer edge of the door jamb of the living room door and the door jamb

of the garage door, however, let's get the outside.

Agent HOWLETT. It would be 1 foot 2 inches from outside jamb to outside

jamb.

Warren Commission (09 of 26): Hearings Vol. IX (of 15) · 第 345 / 377 题