Mr. BELIN. 715 and 716.
Mr. DAY. Were taken, I processed these three hulls for fingerprints,
using a powder. Mr. Sims picked them up by the ends and handed them
to me. I processed each of the three; did not find fingerprints. As
I had finished that, Captain Fritz sent word for me to come to the
northwest part of the building, the rifle had been found, and he wanted
photographs.
Mr. BELIN. All right. You have mentioned these three hulls. Did you put
any initials on those at all, any means of identification?
Mr. DAY. At that time they were placed in an envelope and the envelope
marked. The three hulls were not marked at that time. Mr. Sims took
possession of them.
Mr. BELIN. Well, did you at any time put any mark on the shells?
Mr. DAY. Yes, sir.
Mr. BELIN. All right. Let me first hand you what has been marked as
"Commission Exhibit," part of "Commission Exhibit 543-544," and ask you
to state if you know what that is.
Mr. DAY. This is the envelope the shells were placed in.
Mr. BELIN. How many shells were placed in that envelope?
Mr. DAY. Three.
Mr. BELIN. It says here that, it is written on here, "Two of the three
spent hulls under window on sixth floor."
Mr. DAY. Yes, sir.
Mr. BELIN. Did you put all three there?
Mr. DAY. Three were in there when they were turned over to Detective
Sims at that time. The only writing on it was, "Lieut. J. C. Day." Down
here at the bottom.
Mr. BELIN. I see.
Mr. DAY. "Dallas Police Department," and the date.
Mr. BELIN. In other words, you didn't put the writing in that says,
"Two of the three spent hulls."
Mr. DAY. Not then. About 10 o'clock in the evening this envelope came
back to me with two hulls in it. I say it came to me, it was in a group
of stuff, a group of evidence, we were getting ready to release to the
FBI. I don't know who brought them back. Vince Drain, FBI, was present
with the stuff, the first I noticed it. At that time there were two
hulls inside.
I was advised the homicide division was retaining the third for their
use. At that time I marked the two hulls inside of this, still inside
this envelope.
Mr. BELIN. That envelope, which is a part of Commission Exhibits 543
and 544?
Mr. DAY. Yes, sir; I put the additional marking on at that time.
Mr. BELIN. I see.
Mr. DAY. You will notice there is a little difference in the ink
writing.
Mr. BELIN. But all of the writing there is yours?
Mr. DAY. Yes, sir.
Mr. BELIN. Now, at what time did you put any initials, if you did put
any such initials, on the hull itself?
Mr. DAY. At about 10 o'clock when I noticed it back in the
identification bureau in this envelope.
Mr. BELIN. Had the envelope been opened yet or not?
Mr. DAY. Yes, sir; it had been opened.
Mr. BELIN. Had the shells been out of your possession then?
Mr. DAY. Mr. Sims had the shells from the time they were moved from the
building or he took them from me at that time, and the shells I did not
see again until around 10 o'clock.
Mr. BELIN. Who gave them to you at 10 o'clock?
Mr. DAY. They were in this group of evidence being collected to turn
over to the FBI. I don't know who brought them back.
Mr. BELIN. Was the envelope sealed?
Mr. DAY. No, sir.
Mr. BELIN. Had it been sealed when you gave it to Mr. Sims?
Mr. DAY. No, sir; no.
Mr. BELIN. Handing you what has been marked "Exhibit 545," I will ask
you to state if you know what this is.
Mr. DAY. This is one of the hulls in the envelope which I opened at 10
o'clock. It has my name written on the end of it.
Mr. BELIN. When you say, on the end of it, where on the end of it?
Mr. DAY. On the small end where the slug would go.
Mr. BELIN. And it has "Day" on it?
Mr. DAY. Scratched on there; yes, sir.
Mr. BELIN. With what instrument did you scratch it on?
Mr. DAY. A diamond point pencil.
Mr. BELIN. Did anyone else scratch any initials on it that you know of?
Mr. DAY. I didn't see them. I didn't examine it too close at that time.
Mr. BELIN. Do you know what kind of a cartridge case that is?
Mr. DAY. It is a 6.5.
Mr. BELIN. Is that the same kind of a cartridge case that you saw when
you first saw these cartridge cases?
Mr. DAY. Yes.
Mr. BELIN. Is there any other testimony you have with regard to the
chain of possession of this shell from the time it was first found
until the time it got back to your office?
Mr. DAY. No, sir; I told you in our conversation in Dallas that I
marked those at the scene. After reviewing my records, I didn't think
I was on all three of those hulls that you have, indicating I did not
mark them at the scene, then I remembered putting them in the envelope,
and Sims taking them.
It was further confirmed today when I noticed that the third hull,
which I did not give you, or come to me through you, does not have my
mark on it.
Mr. BELIN. Now, I did interview you approximately 2 weeks ago in
Dallas, more or less?
Mr. DAY. Yes, sir.
Mr. BELIN. At that time what is the fact as to whether or not I went
into extended questions and answers as contrasted with just asking
you to tell me about certain areas as to what happened? I mean, I
questioned you, of course, but was it more along the lines of just
asking you to tell me what happened, or more along the lines of
interrogation, the interrogation we are doing now?
Mr. DAY. Yes, sir.
Mr. BELIN. Which one?
Mr. DAY. Wait a minute now. Say that again. I am at a loss.
Mr. BELIN. Maybe it would be easier if I just struck the question and
started all over again.
Mr. DAY. I remember you asking me if I marked them.
Mr. BELIN. Yes.
Mr. DAY. I remember I told you I did.
Mr. BELIN. All right.
Mr. DAY. I got to reviewing this, and I got to wondering about whether
I did mark those at the scene.
Mr. BELIN. Your testimony now is that you did not mark any of the hulls
at the scene?
Mr. DAY. Those three; no, sir.
Mr. BELIN. I believe you said that you examined the three shells today?
Mr. DAY. Yes, sir.
Mr. BELIN. While you were waiting to have your testimony taken here?
Mr. DAY. Yes, sir; that is what confirmed my thinking on this. The
envelope now was marked.
Mr. BELIN. And the shells were in the same envelope that it was marked?
Mr. DAY. Yes.
Mr. BELIN. Now, I am going to ask you to state if you know what
Commission Exhibit 543 is?
Mr. DAY. That is a hull that does not have my marking on it.
Mr. BELIN. Do you know whether or not this was one of the hulls that
was found at the School Book Depository Building?
Mr. DAY. I think it is.
Mr. BELIN. What makes you think it is?
Mr. DAY. It has the initials "G. D." on it, which is George Doughty,
the captain that I worked under.
Mr. BELIN. Was he there at the scene?
Mr. DAY. No, sir; this hull came up, this hull that is not marked came
up, later. I didn't send that.