The testimony of Edward Kelly was taken at 2:45 p.m., on April 1, 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 a deposition of Edward Kelly.
Mr. Kelly, 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, a Joint
Resolution of Congress No. 137, and rules of procedure adopted by
the Commission in conformance with the Executive order and the joint
resolution, I have been authorized to take the sworn deposition from
you. 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 Harvey Oswald. In particular as to you, Mr. Kelly, the nature of
the inquiry today is to determine what facts you know about the death
of Oswald and any other pertinent facts you may know about the general
inquiry. Now, Mr. Kelly, you have appeared here today as a result of a
request made informally of you to come. I want to advise you that under
the rules adopted by the President’s Commission you are entitled, if
you wish, to have a 3-day written notice before this deposition can
be taken. On the other hand the Commission has also provided that if
a witness doesn’t desire to have the 3-day notice and is willing to
testify immediately and without having the notice, and is willing to
waive that notice that he may do so.
Are you willing to waive the notice and testify now?
Mr. KELLY. About what?
Mr. HUBERT. About the general inquiry and about the document that I
have just shown you?
Mr. KELLY. Oh, yes; I’d rather testify now.
Mr. HUBERT. You’d rather testify. Will you stand so that I may give you
the oath?
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?
Mr. KELLY. I do.
Mr. HUBERT. Will you please state your name?
Mr. KELLY. Edward Kelly.
Mr. HUBERT. Your age?
Mr. KELLY. Twenty-one.
Mr. HUBERT. Your residence? Where you live?
Mr. KELLY. 1315 Sanger Avenue.
Mr. HUBERT. 1315 what?
Mr. KELLY. Sanger.
Mr. HUBERT. What is your occupation?
Mr. KELLY. Porter at city hall.
Mr. HUBERT. How long have you been occupied like that?
Mr. KELLY. May 2d, I’ll be there 1 year.
Mr. HUBERT. May 2d, of 1964, will be 1 year?
Mr. KELLY. Yes, sir.
Mr. HUBERT. Were you in the basement of the police department on
Sunday, November 24th, before Oswald was shot down there?
Mr. KELLY. Yes; I sure was.
Mr. HUBERT. I think you were in the company with Harold Fuqua and
Alfreadia Riggs and that’s all of those?
Mr. KELLY. Yes, sir.
Mr. HUBERT. I am showing you a document which purports to be a report
of an interview with you by FBI Agent Jack Peden, and I am marking it
for identification as follows: “Dallas, Tex., April 1, 1964. Exhibit
No. 5133, Deposition of Edward Kelly.”
Signing my name to it. It consists of one page only, and I ask you if
you have read that document?
Mr. KELLY. Yes, sir.
Mr. HUBERT. In order that the record may show that we are both speaking
about the same thing, I wonder if you would place your initials on that
document. Now, Mr. Kelly, you have put your initials on this document
which I have marked 5133, by putting “EK”, is that correct?
Mr. KELLY. That’s correct.
Mr. HUBERT. Is this document correct, Mr. Kelly?
Mr. KELLY. Yes.
Mr. HUBERT. You have had a chance to read it?
Mr. KELLY. Yes; I have had--I have read it twice. There is nothing
wrong about it.
Mr. HUBERT. Anything that should be added to it?
Mr. KELLY. As far as I can remember.
Mr. HUBERT. This conveys all that you know about the matter?
Mr. KELLY. Yes.
Mr. HUBERT. Have you had any interviews with any other members of the
President’s Commission?
Mr. KELLY. No, sir; besides--I mean, you know, Mr. Peden.
Mr. HUBERT. No; he is an FBI man.
Mr. KELLY. Well, that is the onliest one.
Mr. HUBERT. Where were you when Oswald was shot?
Mr. KELLY. I was up in the--on the first floor on the Commerce exit
side.