TESTIMONY OF SHERIFF J. E. (BILL) DECKER

The testimony of Sheriff J. E. (Bill) Decker was taken at 10:44 a.m.,

on April 16, 1964, in the office of the U.S. attorney, 301 Post Office

Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert,

Jr., assistant counsel of the President's Commission.

Mr. HUBERT. This is the deposition of J. E. (Bill) Decker.

Mr. Decker, my name is Leon Hubert. I am a member of the advisory

staff of the general counsel of the President's Commission under the

provisions of Executive Order 11130, dated November 29, 1963, the

joint resolution of Congress 137, and the rules of procedure adopted

by the Commission in conformity with the Executive order and the joint

resolution. I have been authorized to take a sworn deposition from

you, Sheriff Decker. I state to you now that the general nature of the

inquiry of the Commission's inquiry is to ascertain, evaluate, and to

report upon facts relating to the assassination of President Kennedy

and the subsequent violent death of Lee Harvey Oswald.

In particular as to you, Sheriff Decker, the nature of the inquiry

today is to determine what facts you may know about the death of Oswald

and any other pertinent facts you may know about the general inquiry,

including the security of Oswald, and the method and so forth by which

he was killed.

I think, Sheriff Decker, that you have appeared here today by virtue of

a letter written to you by Mr. J. Lee Rankin?

Mr. DECKER. Yes; I think that's correct.

Mr. HUBERT. Who is the General Counsel of the staff of the President's

Commission?

Mr. DECKER. I know there was a letter--anyway, I am here due to that

reason.

Mr. HUBERT. I had the impression you had a letter, but let me say this,

that in any event, you are appearing here by virtue of a request made

to appear here?

Mr. DECKER. I was notified by the U.S. Secret Service to appear here

and I presume that was a summons.

Mr. HUBERT. Then, that would be because we did not wish to go through

the formalities here?

Mr. DECKER. That's right.

Mr. HUBERT. In that case, however, I must state to you that under the

rules and regulations of the Commission, every witness is entitled to a

3-day written notice before appearing.

Mr. DECKER. I understand.

Mr. HUBERT. But the Commission does provide that the witness may waive

that 3 days' notice and I now ask you if you are willing to waive it

and testify now?

Mr. DECKER. Yes, sir.

Mr. HUBERT. Will you stand up, please, and I will administer the oath?

Do you solemnly swear the testimony you are about to give will be the

truth, the whole truth, and nothing but the truth, so help you God?

Mr. DECKER. Yes, sir.

Mr. HUBERT. Will you state your name?

Mr. DECKER. Bill Decker.

Mr. HUBERT. Your age?

Mr. DECKER. Sir, 66.

Mr. HUBERT. And your residence?

Mr. DECKER. 6302 Palo Pinto.

Mr. HUBERT. What is your occupation?

Mr. DECKER. I am sheriff of Dallas County.

Mr. HUBERT. How long have you been sheriff?

Mr. DECKER. Since January 1, 1949.

Mr. HUBERT. Well, you have been reelected a number of times?

Mr. DECKER. Yes, sir.

Mr. HUBERT. How many times?

Mr. DECKER. I am serving my 16 years--I had two of those--one of those

terms for a 4-year term, but we caught 2 years prior to that--that

makes 4 from 16, leaves 12, 3 and 1 is 4 terms and I am coming for my

fifth now.

Mr. HUBERT. What was your occupation prior to the time that you became

sheriff?

Mr. DECKER. I was chief deputy sheriff for Dallas County 14 years prior

to that. Prior to that I was chief deputy constable since 1924, prior

to that I was in the courthouse as a court clerk and prior to that I

was elevator operator in the courthouse. Now, that's it--that's my life.

Mr. HUBERT. You started really at the bottom you might say, and went up?

Mr. DECKER. Yes, sir.

Mr. HUBERT. You are married, of course?

Mr. DECKER. Yes.

Mr. HUBERT. You have a family?

Mr. DECKER. I have one adopted son.

Mr. HUBERT. Now, I--as I understand it, it is your responsibility to

operate the State or county jail for those prisoners who are either

serving terms that may be served there, or who are awaiting a trial in

Dallas County and do not make bond, is that correct, sir?

Mr. DECKER. That is correct. I am keeper of the county security

building, of the county jail, which maintains the prisoners.

Mr. HUBERT. That is located where?

Mr. DECKER. 505 Main Street, the corner of Main and Houston, and it

extends to the corner of Elm and Houston in the rear.

Mr. HUBERT. Now, when prisoners are put in your custody or you take

them into your custody who are awaiting trial, where are they placed,

in cell blocks or something of that sort?

Mr. DECKER. Oh, yes; we have a jail there with a capacity of 750

prisoners.

Mr. HUBERT. Do you have what might be called maximum security there?

Mr. DECKER. Yes; I do--there are many maximums--I have 450

maximum-security cells that's the latest that can be built. The others

are built in the old jail which was built in 1913. Of course, my steel

isn't so good in that old jail.

Mr. HUBERT. By maximum security, you mean, of course, maximum security

from the standpoint that the prisoner can't get out?

Mr. DECKER. It is tool proof steel, one, and two, it is the modern

locks. The man who maintains it--the opening and closing of the doors

to it is in a cell block where the prisoners could not get to him

unless he did as a couple of my boys did the other day, I'm sorry to

say. You don't need to put that in there. They are no longer with me.

They opened the door when they had no business to and they lost their

jobs and I lost five prisoners.

Mr. HUBERT. Does maximum security as it operates with you include

considerations of security to the prisoner himself?

Mr. DECKER. Yes, sir.

Mr. HUBERT. Do you consider it to be your function, not merely to

secure the prisoner so that he may be brought to justice or acquitted,

but also so that his personal security will be maintained and he will

not be injured, either by other prisoners or by outsiders?

Mr. DECKER. Well, I even go further than that.

Mr. HUBERT. Well, will you tell us about that?

Mr. DECKER. A prisoner that is delivered to me--when the crime is

committed, he is then delivered to me and when he is delivered to me,

from then on I am his keeper. I must furnish his food, his clothing,

get his medication and all the necessities of life required. I must

protect him from a violent prisoner and I also must protect him from a

citizen who would desire to do harm to him.

Mr. HUBERT. Do you consider that your physical set up, and by that I

mean, bricks and cement and steel as well as personnel is adequate to

accomplish the purposes that you have described as maximum security?

Mr. DECKER. We feel that our men are qualified from the training that

is given to them, one; that the jail has passed Federal jail inspection

on many occasions; and we feel that our jail is so constructed that the

prisoner is protected.

Mr. HUBERT. Now, of course, you are aware that a man by the name of Lee

Harvey Oswald was in the custody of the Dallas police?

Mr. DECKER. Yes; I had some officers present when he was arrested.

Mr. HUBERT. From the sheriff's office--sheriff's officers were present?

Mr. DECKER. Yes; sheriff's officers were present in Oak Cliff at the

time. They responded to the assassination of the killing of Tippit, the

same as others. You see, I was at the scene of the assassination of the

President.

Mr. HUBERT. Yes.

Mr. DECKER. When my officers were dispatched there, I also told some

other agencies to send their men over there.

Mr. HUBERT. Now, what is the custom with respect to prisoners who are

captured or taken into custody by the city police when there is no

warrant of arrest?

Mr. DECKER. Most prisoners taken in custody by the city police are

arrested within the corporate limits of the city of Dallas and they in

turn are moved to the city jail, which is located at the corner of Main

and Harwood, or better still, in the 2000 block of Main Street, and

there confined until their period of investigation is completed.

Mr. HUBERT. How long is that?

Mr. DECKER. Well, now, that's a problem I couldn't--there would be no

way to answer that--how long does it take to make some investigation?

Mr. HUBERT. What I had in mind was whether there was any rule,

regulation, or law?

Mr. DECKER. No; someone said once you couldn't hold them over 24 or 36

hours, but where it is, I don't know. The city ordinance under which

most municipalities work is--they have a right to arrest and hold for

investigation until they could determine if a crime has been committed.

That leaves it pretty blank.

Mr. HUBERT. All right. Now, let's assume that a man has been formally

charged and that there has been a capias or warrant----

Mr. DECKER. It's a warrant in this case.

Mr. HUBERT. Of arrest, which authorizes you to arrest the particular

prisoner?

Mr. DECKER. I or one of the constables.

Mr. HUBERT. What is your custom--are there any rules or regulations or

laws?

Mr. DECKER. No; there's no rules or regulations--only this--when a

warrant is issued--when a complaint is filed with my district attorney

or the magistrate, which is the justice of the peace, the warrant

is issued and delivered to the agency. If it is a felony and in the

justice court, it goes to the constable, which this offense we are

speaking about was a felony and should have gone to David Johnston,

justice of the peace, precinct 2, and the warrants were delivered to

the city police.

Mr. HUBERT. Now, you are talking about the charge with respect to

Tippit, are you, or the death of the President, or both?

Mr. DECKER. Well, I rather think it was both.

Mr. HUBERT. The warrants then were not put into your possession at all?

Mr. DECKER. No, sir; not at that time.

Mr. HUBERT. And that is in accordance with the custom, too?

Mr. DECKER. Yes.

Mr. HUBERT. What would normally happen in circumstances such as we are

dealing with here, where warrants were issued about 7 o'clock in one

case, as to Tippit, and a little later about 11 o'clock on the 22d of

November, as to the death of the President, what would be the normal

situation as to your getting control and custody and your becoming the

keeper of these prisoners?

Mr. DECKER. The whole thing would be that if we, if those warrants had

come through the regular channels to us, we would have contacted--I

imagine we would have contacted Captain Fritz because it was a homicide

and that is in his division, and asked him about the prisoner and

discussed with him if he was ready for transfer--if he was going to

transfer or did he want us to transfer. That would have been the normal

procedure with us.

Mr. HUBERT. In other words, it is normal to have them transfer the

prisoner to you, rather than for you to go and get them, or both?

Mr. DECKER. No; it is normal but it is not too much--they transfer

maybe one-tenth of maybe 1 percent, but as hot a piece of merchandise

as this prisoner was, chances are Captain Fritz and his men would have

attempted to bring him from the city hall to the courthouse.

Mr. HUBERT. In other words, except in rare instances, meaning a

situation of this sort, you send your men to the city jail to get them?

Mr. DECKER. Day in and day out. We have a paddy wagon for that purpose

and a driver for the purpose and uniforms and insignias and all on it.

Mr. HUBERT. Now, when did you make any efforts to take custody of

Oswald?

Mr. DECKER. I can't tell you that as to when--the homicide occurred

and the boy was taken in custody in the afternoon and that was on a

Friday--I'm not going to tell you for certain because there was so much

and on Friday afternoon we were taking statements in my office--you

know--this thing happened, occurred just across the street from my

office and we moved all the witnesses when we were on the ground there

at the scene, all the witnesses we could locate--I was working there

and I had Inspector Sawyer, who is there with me, and also Heitman

of the FBI and my assistant chief deputy, and every witness, just as

we picked up a witness that had any information at all, we sent him

directly across the street to my office and reduced his statement to

writing. Then, I talked to Fritz after he arrived.

We had by then located the gun and the ammunition, my officers had

located it in the building, and was awaiting the arrival of the scene

searchers and also the arrival of my scene searchers and Fritz arrived

and then I talked to Fritz and then we went across the street and he

phoned and that's when I learned Oswald had been formerly employed

there at that building.

And, Fritz went to the city--now, here's something I'm uncertain

about--whether I talked to him that afternoon or the next day about

this removal, I cannot tell you because there was so much happening and

so much press in our hair, I couldn't say, but I did discuss with him

and advise with that I wished to be notified when he started to move

this boy, so that I would have my security in shape to receive him when

he arrived there.

Mr. HUBERT. You think that was no later than Saturday, the 23d?

Mr. DECKER. Oh, no; it wasn't. I don't think it was any later than

that--no.

Mr. HUBERT. In other words, as I understood you, you couldn't tell

whether it was on Friday or Saturday, but it could not have been Sunday?

Mr. DECKER. No; it wasn't Sunday. I remember there were different

conversations on Sunday, different conversations on Saturday and

different conversations on Saturday night.

Mr. HUBERT. Well, now, perhaps if you can, you can tell us about these

various conversations, if you remember them--who they were with and

about what time?

Mr. DECKER. Well, on Saturday, the homicide, I believe, if I'm

correct--now, the date of the homicide of Oswald was what?

Mr. HUBERT. It was Sunday the 24th.

Mr. DECKER. The 24th--Sunday. Friday, after we had completed our

investigation and gotten our files together to some extent, we then

closed shop, shall we say, and went back into our routine work, and on

Saturday arrival at our office we then again, I'm reasonably sure that

was the day, we talked about moving Oswald but I just don't remember.

That's one of those things you just don't remember the date.

Mr. HUBERT. But you talked to Fritz?

Mr. DECKER. That's when I talked to Fritz.

Mr. HUBERT. What did Fritz tell you, do you know?

Mr. DECKER. He said he would notify me when he was ready to move.

Mr. HUBERT. He wasn't ready at that time?

Mr. DECKER. He wasn't ready at that time, witnesses were being brought

in, he was still interviewing witnesses. Now, then, later that

afternoon the rumor was out that they were going to bring him down--of

course, we had rumors, rumors, rumors all the day, because we had

worldwide press and they were in the city hall, you couldn't get in the

city hall for them and they were running back and forth down to our

pressroom, and this word was here that they were coming, so late that

afternoon, on Saturday, Jim Kerr was the first man that brought me the

date of the 10 o'clock transfer Sunday morning. Jim Kerr is associated

with channel 5, and there were several of the pressmen in my office and

members of my staff and we were discussing it and later in the evening,

later about 9 o'clock it was getting on to be, and he notified us they

were going to move in and I think I then confirmed that with someone in

the city and they said yes--the next morning at 10 o'clock and then I

went to my home.

Mr. HUBERT. Did they say "Next morning at 10," or not before 10?

Warren Commission (12 of 26): Hearings Vol. XII (of 15) · 第 35 / 425 题