Mr. DANIELS. [Examining instruments referred to.]

Mr. HUBERT. Now, Mr. Daniels, you have had an opportunity to read the

exhibits that I have marked Exhibits Nos. 5325, 5326, and 5327. Now,

have you any comment to make with respect to the three exhibits and the

statements made by you in them?

Mr. DANIELS. They said three people was in the car--it seems like I saw

four--all of them had on these white supervisor caps, leather top hats

that the supervisors wear down there and it just seemed like I saw four.

Mr. HUBERT. All right, what you are saying in effect now is that the

people who reported in these exhibits that you said you saw three were

wrong, or that you were wrong in telling them three, because your

present recollection is that there were four?

Mr. DANIELS. I think it was four.

Mr. HUBERT. Are there any other corrections that you wish to make?

Mr. DANIELS. Let's see. I don't remember.

Mr. HUBERT. Any others?

Mr. DANIELS. I don't remember--corrections.

Mr. HUBERT. Well, it is my duty to call your attention to Exhibit 5325,

which is the affidavit that you made on November 29.

Mr. DANIELS. November 29? What I said?

Mr. HUBERT. And in Exhibit 5327, which is the report of an interview by

the agents of the FBI on December 18, you seem to quite clearly state

that the man you saw walk down the ramp past Vaughn, did so after the

car had passed?

Mr. DANIELS. Well, I said I think I have changed my mind now--I believe

it was after the car had gone out when I saw him.

Mr. HUBERT. Let me get it straight--what is your present impression now?

Mr. DANIELS. That's it--the way I fix it in my mind--the way I arrive

at that conclusion is that when the shot rang out, my first thought was

the guy that just walked down in there did that, so timing that way it

would have to be after that car came out, because that car had time to

go quite a ways, I think.

Mr. HUBERT. What you are saying then is that, the statements that are

contained in Exhibits 5325 and 5327 you now believe to be correct?

Mr. DANIELS. Right.

Mr. HUBERT. And the statement you made in your deposition earlier today

that you could not be sure whether that man went in before or after was

incorrect? I think you even went further, if my memory serves me right,

and said that your best recollection was that the man had gone down

past Vaughn before the car came out, isn't that what you said earlier

in your deposition?

Mr. DANIELS. Yes; until I refreshed myself on it and when I read that I

got a better picture in my mind.

Mr. HUBERT. So that now your testimony is that you think that the man

you saw go by--past Vaughn, did so after the car had gone out, that is

to say, after Vaughn had left his position at (2), gone out into the

street to the approximate position of (4) and come back again to his

position at (2)?

Mr. DANIELS. Right.

Mr. HUBERT. And then it was at that time or shortly thereafter that the

man went straight by Vaughn?

Mr. DANIELS. Yes.

Mr. HUBERT. But that is your present best recollection?

Mr. DANIELS. Right.

Mr. HUBERT. Now, you believe that the thing that has made you change

your mind is that when you read these statements--it refreshes your

memory?

Mr. DANIELS. Right.

Mr. HUBERT. Are you quite sure it refreshes your memory or, are you

worried about contradicting yourself?

Mr. DANIELS. No; I'm not worried about contradicting myself, I'm just

trying to be sure and tell the truth.

Mr. HUBERT. Right--I want to assure you that it doesn't matter to us

whether you contradict yourself or not.

Mr. DANIELS. Right.

Mr. HUBERT. There is no suggestion made to you here that if you made a

mistake before that any kind of penalty or punishment or prosecution

will follow, because that isn't so, unless you made a wilful

misstatement, but I'm not going into that now. What I want to know

now is what really happened. Now, Mr. Daniels, that's why I asked you

before to try to put everything out of your mind.

Mr. DANIELS. That's the trouble with this--it has been out of my mind

and I am trying to get it back in there.

Mr. HUBERT. You feel now, considering all the statements you made

originally are the truthful ones?

Mr. DANIELS. Right.

Mr. HUBERT. Are there any other corrections or additions or deletions

that you would like to make as to the exhibits that have been

identified as exhibits as numbers 5325, 5326, and 5327?

Mr. DANIELS. I can't think of any.

Mr. HUBERT. You think it can be fairly said that anyone who would

read the three exhibits 5325, 5326, and 5327 and who would read the

transcript of your deposition at a later time and who would have the

advantage of being able to follow your deposition on this chart that

has been marked as Daniel's Exhibit 5324, that such a person reading

all those documents would have all of the truth, so far as you know it?

Mr. DANIELS. Right.

Mr. HUBERT. And we would have all that you do know?

Mr. DANIELS. That's absolutely right--that's right, I believe so.

Mr. HUBERT. All right, is there anything else, have you anything else

to say?

Mr. DANIELS. No; I can't think of anything else.

Mr. HUBERT. All right, thank you very much. I am glad you came by.

Mr. DANIELS. All right, thank you.

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