Mr. COMBEST. Well----

Mr. HUBERT. In other words, I want to know whether this represents a

true, full statement of the interview and what you said, or didn't say,

and let's have an explanation of it.

Mr. COMBEST. Okay, sir. On the fourth page there, the third paragraph

where----

Mr. HUBERT. Yes.

Mr. COMBEST. They relate to the person named as Newman. They

misunderstood me, evidently, on that. He does work at the Theatre

Lounge as it so states there, but Ruby does not have anything to do

with the Theatre Lounge. This is another so-called strip joint in the

downtown area.

Mr. HUBERT. Here is the sentence we are talking about. "He did recall,

however, that an individual by the name of Newman, first name unknown,

was formerly district supervisor for the liquor control board, worked

for Ruby at the Theatre Lounge." Now, your statement is that that is an

incorrect statement of what you said?

Mr. COMBEST. Yes, sir.

Mr. HUBERT. Will you correct it, please?

Mr. COMBEST. Well, the question was did I know of any police officers

that had worked for Ruby.

Mr. HUBERT. Yes.

Mr. COMBEST. At the time I told him, "No," I did not and I explained

possibly where they had gotten their information was that a reserve

police officer had made a statement to some news media that he had

worked for Jack Ruby, but he is not a regular policeman for the city of

Dallas, and I also told him that possibly what they had heard that this

L. L. Newman, who formerly worked for the Texas Liquor Control Board

was working at the Theatre Lounge in the downtown area, and possibly

that was what they had heard.

Mr. HUBERT. In other words, you actually told them that there were two

Newmans involved, one who had been a reserve officer----

Mr. COMBEST. No, sir; I do not recall the name of the reserve officer.

Mr. HUBERT. Two different individuals, one, who had been a reserve

officer and one who had been with the Texas Liquor Control Board?

Mr. COMBEST. Yes, sir.

Mr. HUBERT. And your statement to them was that possibly what they were

thinking about when they were questioning you was that the Newman who

had worked for the Texas Liquor Control Board was the one you thought

had once worked for the Theatre Lounge?

Mr. COMBEST. Yes, sir.

Mr. HUBERT. Now, did Ruby have any connection with the Theatre Lounge?

Mr. COMBEST. No, sir; none whatsoever.

Mr. HUBERT. Who did, as a matter of fact?

Mr. COMBEST. It is either Abe or Barney Weinstein. One of the brothers

owned the Theatre Lounge. One of the brothers owns the Colony Club.

Mr. HUBERT. Now, I think that perhaps I should call your attention

to the next sentence, too, because you may want to correct it in the

light of this testimony. The next sentence which is the last sentence

of the very top paragraph of the last page of Exhibit 5101 reads as

follows: "Newman terminated his employment with the State about a year

and a half ago and it would have been possibly about that time that he

started working for Ruby."

Mr. COMBEST. No; there again, evidently they misunderstood me. It was

possibly that time that he went to work for the Theatre Lounge.

Mr. HUBERT. All right. Have you any other comments to make with

reference to the FBI report, which is Exhibit 5101?

Mr. COMBEST. Well, I believe it is on page 3, first paragraph,

in--where they say, I didn't--didn't observe Ruby make any statement at

the time of the shooting, could not recall Ruby making statements.

Mr. HUBERT. All right. Now, I understand that you wish to comment on

or make some correction in a sentence on the third page of Exhibit

5101, which sentence begins on the sixth line from the top of the page

and reads as follows: "As best he could recall Ruby had what could be

described as a determined look, or grimace on his face, and he could

recall Ruby making no statement in conjunction with his action." Now, I

understand you want to comment on that sentence?

Mr. COMBEST. Yes, sir; it may be correct as it is said there. I

don't--the way I was--the way I say it is not exactly the way I meant

it. I told them he was talking. He was making statements but I could

not recall anything word by word to tell them or any exact words that

he said at the time.

Mr. HUBERT. Well, I suppose that is true now, that you can't recall any

exact words that he said at the time.

Mr. COMBEST. Yes.

Mr. HUBERT. But, can you tell us without using the exact words, the

sense of what he was saying?

Mr. COMBEST. Well, it appeared to me that at the time he was cursing

Oswald, but again, I wasn't close enough to hear the words, his exact

words. I could tell he was talking, tell he was making some statements,

but I cannot recall anything he said exactly. I wasn't that close.

Mr. HUBERT. I see. In other words, what you are really changing to,

instead of the affirmative statement that you couldn't recall Ruby

making any statement, you are changing it to say you think he was

saying something but you couldn't hear?

Mr. COMBEST. Yes, sir; that's right.

Mr. HUBERT. What other corrections do you have then?

Mr. COMBEST. That's all I have, sir.

Mr. HUBERT. With the corrections that you have noted in the FBI report,

which have been marked for identification as Exhibit 5101, did you

consider that the FBI report is a fair statement of what you said to

the FBI agent involved?

Mr. COMBEST. Yes, sir; I do.

Mr. HUBERT. And it represents the truth?

Mr. COMBEST. Yes, sir.

Mr. HUBERT. Now, and so that the record may show that we are both

speaking of the same document, I would like you to sign your name below

mine here on Exhibit 5099 and initial the second page below my initial,

and do the same thing with Exhibit 5101.

Mr. COMBEST. Yes, sir. Did you say that there was four pages on that

earlier? There are five, I believe, aren't there?

Mr. HUBERT. Beg your pardon, sure are. It has been brought to my

attention that Exhibit 5101, which I have previously identified as

having four pages, in fact, has five, and I notice now that I have

failed to place my initial on the second page, apparently having

missed it, so, I now place my initial on the second page. All being

initialed now. I have marked for identification a chart, or floor

plan of the Dallas Police Department basement area showing the jail

office, the parking area, down ramp from the Main Street, the upper

ramp to Commerce Street, and for the purpose of identification with

this testimony, I have marked this document as follows: "Dallas, Texas,

March 26, 1964. Exhibit 5100. Deposition of B. H. Combest." I have

signed my name under that in order also that we may recognize that

we are talking about the same document. I will ask you to put your

signature below mine on that document, sir.

When did you first learn about the time of the plan to transfer Oswald?

Mr. COMBEST. Sometime late the preceding day that I heard it through

the news media that we were going to transfer him the next morning, and

I don't recall the exact time, but the time of transfer was supposed to

be pretty early the next morning, the way I understood it.

Mr. HUBERT. You mean 5 or 6?

Mr. COMBEST. Well, 7 or 8.

Mr. HUBERT. What time did you come on duty?

Mr. COMBEST. I believe it was 9 o'clock in the morning.

Mr. HUBERT. Didn't your shift go on at 7, your regular shift?

Mr. COMBEST. No, sir.

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