The testimony of Billy Joe Maxey was taken at 9:30 p.m., on March 25,
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--is that Billy Joe Maxey? It is
not William?
Sergeant MAXEY. No, sir.
Mr. HUBERT. Billy Joe Maxey?
Sergeant MAXEY. Yes, sir.
Mr. HUBERT. My name is Leon D. Hubert. I am a member of the advisory
staff of the general counsel, Mr. J. Lee Rankin, on the President's
Commission on the Assassination of President Kennedy. Under the
provisions of the Executive Order 11130, dated November 29, 1963, a
joint resolution of Congress No. 137, and the rules and procedures
adopted by the Commission in conformance with the Executive order and
the joint resolution, I have been authorized to take a sworn deposition
from you, Mr. Maxey. I state to you now that the general nature of
the Commission's inquiry is to ascertain, evaluate and report upon
the facts relating to the assassination of President Kennedy and the
subsequent violent death of Lee H. Oswald. In particular as to you,
Mr. Maxey, the nature of the inquiry today is to determine the facts
you know about the death of Oswald and any other pertinent facts you
may know about the general inquiry. Mr. Maxey, you appeared here by
virtue of a general request made by J. Lee Rankin, general counsel of
the Staff of the President's Commission, and under the rules adopted by
the Commission for the taking of these depositions, you are entitled to
a 3-day written notice prior to the taking of the deposition. But the
rules also provide that a witness may waive this. I now ask if you are
willing to waive it?
Sergeant MAXEY. Yes, sir.
Mr. HUBERT. Will you raise your right hand. Do you solemnly swear to
tell the truth, the whole truth, and nothing but the truth, so help you
God?
Sergeant MAXEY. I do.
Mr. HUBERT. Please state your full name.
Sergeant MAXEY. Billy Joe Maxey.
Mr. HUBERT. And your age?
Sergeant MAXEY. Thirty-three.
Mr. HUBERT. Where do you reside, sir?
Sergeant MAXEY. 8912 Freeport Drive.
Mr. HUBERT. That in Dallas?
Sergeant MAXEY. Yes, sir.
Mr. HUBERT. What is your occupation?
Sergeant MAXEY. Field sergeant, Dallas Police Department.
Mr. HUBERT. How long have you been with the Police Department?
Sergeant MAXEY. Nine years, and approximately a half. Since September
20th, 1954.
Mr. HUBERT. What is your assignment today?
Sergeant MAXEY. Field sergeant, patrol division.
Mr. HUBERT. Is that the same assignment that you had during the period
of November 22 and 24, 1963?
Sergeant MAXEY. Yes, sir. I was acting lieutenant on that particular
day. Number 16.
Mr. HUBERT. What does that mean, "Number 16"?
Sergeant MAXEY. That is the call from the northeast substation.
Mr. HUBERT. Did you have any particular orders or functions with
respect to the transfer of Oswald to the county jail?
Sergeant MAXEY. No, sir; not before I arrived at the central station.
Mr. HUBERT. What time did you arrive there?
Sergeant MAXEY. Somewhere in the vicinity of 11 a.m. I am not positive
of the exact time.
Mr. HUBERT. What sort of an automobile were you driving then?
Sergeant MAXEY. A plain car, black 1963 model Ford.
Mr. HUBERT. That is to say, unmarked?
Sergeant MAXEY. Yes, sir.
Mr. HUBERT. Where were you coming from?
Sergeant MAXEY. Northeast substation.
Mr. HUBERT. Had you been ordered in?
Sergeant MAXEY. No, sir.
Mr. HUBERT. How did you come to get there then?
Sergeant MAXEY. I had some cards to be taken to 511, where there were
requests for off-duty employment, overtime work and I thought perhaps
I might be able to assist them. I knew they were going to need all the
help they could get down there that day.
Mr. HUBERT. You had not been ordered down there?
Sergeant MAXEY. No, sir.
Mr. HUBERT. What did you do with your car?
Sergeant MAXEY. I parked it on the north end of the garage.
Mr. HUBERT. Then what did you do?
Sergeant MAXEY. I approached Putnam. They were dispersing some traffic
officers or some officers who worked traffic. They weren't in the
traffic division, they were patrol officers, and asked him at this time
if there was anything I could do, and he said, that if I would wait a
few minutes I could probably go hop in Sergeant Dean's station wagon.
I--he didn't elaborate, and I stayed there in the basement there for a
few minutes. I don't know exactly how long and Lieutenant Pierce came
down and Sergeant Putnam spoke to me, and said, "Why don't you go with
us?" And I approached Lieutenant Pierce's car and he was in this--he
was in his car at this time and asked him if he wanted me to go with
him and he said, "Yes."
Mr. HUBERT. You were in uniform, I take it?
Sergeant MAXEY. Yes, sir.
Mr. HUBERT. So, what happened?
Sergeant MAXEY. So, I got into the back seat of Lieutenant Pierce's
car. We started to drive out and Sergeant Putnam had to move some
reporters back.
Mr. HUBERT. How many were there?
Sergeant MAXEY. I would say in the vicinity of 35. That is a guess, of
course, I have no way of knowing.
Mr. HUBERT. That is the Main Street ramp?
Sergeant MAXEY. At the--that was at the bottom of both ramps, down
right outside the jail door, and part of the people were blocking the
Main Street ramp where we were going to make a turn and go out.
Mr. HUBERT. So, he cleared them out and the car followed behind him?
Sergeant MAXEY. Yes, sir.
Mr. HUBERT. Do you know what time it was, about, when he left?
Sergeant MAXEY. Well, now, at that time, I wasn't noticing the time,
but since all this happened----
Mr. HUBERT. Well, I don't want you to state what knowledge you have
gained since, because we can get at that other ways.
Sergeant MAXEY. Well, at that time I thought I had been in the basement
approximately 10 or 15 minutes.
Mr. HUBERT. And you got there at 11 o'clock?
Sergeant MAXEY. Somewhere in the vicinity.
Mr. HUBERT. So, you would think that it would be around 11:15 or 11:16?
Sergeant MAXEY. Somewhere thereabouts.
Mr. HUBERT. All right, where were you seated in the car?
Sergeant MAXEY. On the left side in the back seat. That is the left
side facing the way the automobile faces.
Mr. HUBERT. What did you observe when you got to the top of the ramp?
Sergeant MAXEY. The best I can remember when we pulled to the
top of the ramp and paused, I was looking across Main Street.
There was a group of people, a bus or something that attracted my
attention--whatever it was I--it didn't amount to much.
Mr. HUBERT. Was that to your left, or to your right?