Sergeant MAXEY. That was----

Mr. HUBERT. Straight ahead?

Sergeant MAXEY. Almost straight ahead.

Mr. HUBERT. All right, when you got to the top of the ramp, did the car

stop?

Sergeant MAXEY. I believe there was a momentary hesitation. I don't

recall how long.

Mr. HUBERT. Did you see Officer Vaughn?

Sergeant MAXEY. I didn't pay any attention to him on the way out. Now,

on the way in, yes.

Mr. HUBERT. That is to say when you were coming at 11 o'clock, you saw

him?

Sergeant MAXEY. Yes, sir. I didn't pay any attention to him on the way

out, as I say, I was looking across the street.

Mr. HUBERT. You don't recall having seen him at all?

Sergeant MAXEY. No.

Mr. HUBERT. Did you look to your right down Main Street in the

direction of Pearl?

Sergeant MAXEY. I don't believe so. I don't remember if I did.

Mr. HUBERT. Did you look to your left down Main Street in the direction

of Harwood?

Sergeant MAXEY. I don't believe so.

Mr. HUBERT. In other words, your position is you didn't look either way?

Sergeant MAXEY. I don't believe I did.

Mr. HUBERT. Therefore, you didn't see anybody on either side?

Sergeant MAXEY. No.

Mr. HUBERT. Now, when you got around to the Commerce Street side had

the shooting already taken place?

Sergeant MAXEY. Yes, sir; I suppose it had, because as

we--correction--as the Lieutenant backed our car into position in front

of the armored car, I heard the dispatcher call an ambulance code 3, to

the basement and officers were rushing around, covering exits to the

city hall, so apparently it happened just before we arrived. That had

given them time to call the dispatcher by phone for an ambulance, would

be my guess that we were on Harwood Street at the time that it happened.

Mr. HUBERT. Did you have any further connection with the event?

Sergeant MAXEY. We went to Parkland. Lieutenant Pierce, Sergeant

Putnam, and I went to Parkland Hospital and set up security out there.

Mr. HUBERT. Did you talk with Jack Ruby at anytime?

Sergeant MAXEY. No, sir.

Mr. HUBERT. Do you know the man?

Sergeant MAXEY. I know him slightly. I know him by sight.

Mr. HUBERT. Did you see him in the ramp at anytime while you were

driving up?

Sergeant MAXEY. No, sir.

Mr. HUBERT. Did you see him at anytime that day at all, at any place?

Sergeant MAXEY. No, sir.

Mr. HUBERT. Well, I am marking now three documents as indicated. This

is a document, apparently a letter dated November 26, 1963, addressed

to Chief J. E. Curry, the original of which is signed by you, and two

pages. I am marking the first page, "Dallas, Texas, Exhibit--March 25,

1964, Exhibit 5094, from the deposition of B. J. Maxey," and signing

my name below that on the first page, and I am putting my initials

on the lower right-hand corner of the second page and I'll ask you to

be reading that while I mark the second document, which is a report

of an FBI interview of December 6, 1963, taken of you by FBI Agents

Quigley and Dallman and I am marking that document, "Dallas, Texas,

March 25, 1964, Exhibit No. 5095. Deposition of B. J. Maxey." I am

signing my name, Leon D. Hubert underneath, and marking the second page

of that document by my initial in the lower right-hand corner. The

third document, I am marking in the margin, right-hand margin, "Dallas,

Texas, March 25, 1964. Exhibit 5096. Deposition of B. J. Maxey," and

signing my name Leon D. Hubert, Jr. I am marking the second page of

that document with my initials in the lower right-hand corner, and the

third page with my initials in the lower right-hand corner. I will ask

you to read these two documents likewise, and I wish to ask you some

questions about them.

Sergeant MAXEY. As far as the report here written to the chief, I would

say that it is accurate at the time that I wrote it, and I am willing

to sign it as is, and I--what page was it you wanted me to sign here?

Mr. HUBERT. Just under my name.

Sergeant MAXEY. All right.

Mr. HUBERT. Initial the second page.

Sergeant MAXEY. All right.

Mr. HUBERT. All right, now, you can turn to the next exhibit, which

is----

Sergeant MAXEY. The FBI report. There are two of them there. I believe

both of them are the same, aren't they? Wait a minute. One of them

might possibly be a supplement.

Mr. HUBERT. No; they are different. One is on the 2d of December and

the other is on the 6th, so, you'd better separate them. Do you have

any comments to make on them?

Sergeant MAXEY. One of the things that I was going to bring up here,

changes has been made in this one already, this second one.

Mr. HUBERT. Well, let's see, we are talking about Exhibit 5095.

Sergeant MAXEY. Yes, sir.

Mr. HUBERT. What comment do you wish to make?

Sergeant MAXEY. In the first report it was stated in there that the FBI

report of December 3, I believe----

Mr. HUBERT. 2d.

Sergeant MAXEY. 2d?

Mr. HUBERT. Yes.

Sergeant MAXEY. And the report of December 2, Exhibit 5096, it was

stated that I saw ex-police officer Daniels and shoeshine boy at the

end of the Main Street ramp. That was incorrect. I did not. That was

hearsay. I heard that from other officers. I did not see them myself.

Mr. HUBERT. And, as a result of that error you then called the FBI and

told them you wished to correct that, is that correct?

Sergeant MAXEY. No, sir; they came back out there.

Mr. HUBERT. They came back out and said what?

Sergeant MAXEY. And asked me some more questions regarding the shine

boy. They ask me then did I recall the time and I know at the time I

talked to them the first time I told them several things that I didn't

see myself.

Mr. HUBERT. Yes.

Sergeant MAXEY. I told them things that I had heard and what have you,

and I tried to differentiate between what I could actually testify and

what I couldn't at this time he was talking to me.

Mr. HUBERT. Your present recollection is what then? Which is correct?

Sergeant MAXEY. My present recollection is that I didn't see Daniels. I

didn't see the shine boy.

Mr. HUBERT. And that the information that you did give about seeing

Daniels and the shine boy in the earlier deposition--I mean the earlier

statement to the FBI, which is contained in Exhibit 5096 was erroneous

in that you had not really seen them, but you had heard people talk

about them?

Sergeant MAXEY. That's right.

Mr. HUBERT. Now, in all three statements, however, 5094 and 5095, and

5096, you stated then that you did see Officer Vaughn and yet, as I

recall your testimony this evening you said that you did not recall

having seen Vaughn.

Sergeant MAXEY. At the present time I don't, but those were written

up close to the time all this happened, and I haven't seen one of

those reports since, and lots that I don't remember right now that I

remembered then, I am sure.

Mr. HUBERT. That's correct, and that's why I wanted you to correct this

apparently contradictory statement.

Sergeant MAXEY. That's true, I understand that.

Mr. HUBERT. Because, we don't want to have the record, if we can, to

have conflicts in it.

Sergeant MAXEY. Neither do I, I can assure you.

Mr. HUBERT. So, your statement is that you can't swear tonight that you

saw Vaughn there?

Sergeant MAXEY. No; I can recollect at the time, how--at the time I was

questioned about Vaughn, the main thing they wanted to know about him

at that time was how far he had walked from his position to the curb.

Whether he walked to the curb or out into the street which I didn't

know.

Mr. HUBERT. And right now your mind is blank on Vaughn altogether, I

take it?

Sergeant MAXEY. Actually, yes. I wasn't--right now I couldn't say.

Mr. HUBERT. Now, has anybody asked you to change your statement?

Sergeant MAXEY. No, uh-huh, so far as that goes, I haven't.

Mr. HUBERT. Have you spoken to anybody about it?

Sergeant MAXEY. As far as that goes I haven't talked to anybody about

the statement.

Mr. HUBERT. You have talked to anybody about the possible conflict in

your statement?

Sergeant MAXEY. Uh-uh.

Mr. HUBERT. I don't know how that comes out on the machine. I suppose

you mean "no" by that.

Sergeant MAXEY. No; no. I'd like to say this: That as far as the

conflicting statements are concerned, the only reason a person would

have for getting together and getting his story straight would be to

have something to hide, and I want it known right now I have nothing to

hide, and I want it on the record.

Mr. HUBERT. Yes, sir; it is on the record. This is not an effort to

cross you up in any way.

Sergeant MAXEY. I realize that.

Mr. HUBERT. But, you realize that these statements do exist, and the

purpose of this deposition, among other things, is to determine the

real facts, and when you run into a conflict like this, unless we ask

for explanations we do not get a clear picture.

Sergeant MAXEY. That's true.

Mr. HUBERT. All right. I want to ask you again if you have any

explanation, any other explanation to offer now as to conflicts, or is

it just simply your opinion that insofar as Vaughn is concerned, your

memory was better then than it is now about that event?

Sergeant MAXEY. Yes; I hadn't thought about it too much one way or the

other since then. I will say excluding 4 or 5 days thereafter.

Mr. HUBERT. And as to Daniels and the colored boy, your statement now

is that that was hearsay. You did not, yourself----

Sergeant MAXEY. That was hearsay, and I gave it to him as an--as a

hearsay statement. That was a matter of semantics in my opinion.

Mr. HUBERT. So that the record can show we are all talking about the

same documents, I would like you to sign below my signature and initial

the pages of 5096 and 5095, with the understanding that this is not

an approval by you of these statements at all, but simply as a means

of identification that you and I were both talking about the same

document. So, I would like you to sign my--just below mine and put your

initials on the preceding pages.

Sergeant MAXEY. Where is your name?

Mr. HUBERT. My name is right down here in the margin. Just put it right

in there. Then initial the other pages until you get to the second FBI

statement and then sign under my name. In other words, where my name

is signed, sign your name. Where my initials are, put your initials.

Sergeant MAXEY. Well, now, there is some more points that I want to

bring up.

Mr. HUBERT. Well, let's do this anyhow, what we are doing.

Sergeant MAXEY. All right.

Mr. HUBERT. As I say, this is solely for the purposes of the record

showing that we are talking about the same pieces of paper.

Sergeant MAXEY. All right.

Mr. HUBERT. Now, you have further corrections or comments you wish to

make on these documents?

Sergeant MAXEY. Yes, sir; perhaps they are of no importance, and

perhaps they are, but it is apparently a misunderstanding on the

part--matter of semantics, again, and let's see--paragraph 5, on page

1, states here that--"A few minutes after that Lieutenant Pierce

entered the garage driving a black car." Now, I don't remember him

entering the garage. I believe his car was already parked down there.

Mr. HUBERT. Who is that?

Sergeant MAXEY. Lieutenant Pierce. I don't believe he drove into the

police garage from outside. I believe his car was already parked in the

basement.

Mr. HUBERT. All right. And other comments?

Sergeant MAXEY. Page 2, paragraph 8.

Mr. HUBERT. That is still 5095?

Sergeant MAXEY. Yes, sir; page 2, paragraph 8. That was the correction

I advised the FBI office that I did not actually see Daniels and the

shoeshine boy. That this was something I had overheard other officers

talking about, and that has already been taken care of. Page 3,

paragraph 10. This is concerning----

Mr. HUBERT. That is the 10th paragraph of--actually, the third

paragraph, I guess, on that page.

Sergeant MAXEY. Well, it is part of a paragraph and a full paragraph.

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