Mr. RICHEY. Johnny Smith.
Mr. HUBERT. Johnny Smith was too?
Mr. RICHEY. Yes, sir.
Mr. HUBERT. Do you recall being in the company of them and seeing mug
shots relatively shortly after the shooting of Oswald on TV?
Mr. RICHEY. No, sir; I didn’t see those. They were in the truck where
they could see the pictures, but I was out on top of the truck.
Mr. HUBERT. Were you aware that they had seen the Ruby mug shots and
had associated them with the man that they had seen?
Mr. RICHEY. I don’t know. I don’t believe.
Mr. HUBERT. In other words, when you saw the rerun, you independently
reached the opinion that it was Jack Ruby?
Mr. RICHEY. Yes, sir.
Mr. HUBERT. It was not suggested to you by the fact that Walker and
Smith had seen mug shots right after the shooting?
Mr. RICHEY. No, sir.
Mr. HUBERT. You didn’t know that they had seen the shots?
Mr. RICHEY. No, sir.
Mr. HUBERT. Now have you seen Jack Ruby since?
Mr. RICHEY. Not in person; no, sir. I have seen pictures, newsreels,
but I haven’t seen him actually.
Mr. HUBERT. You have seen pictures of him in the newspapers?
Mr. RICHEY. Yes, sir.
Mr. HUBERT. Newsreel films?
Mr. RICHEY. Yes, sir.
Mr. HUBERT. What is your opinion now as to whether or not the man that
you have described that you saw twice on November 24, at about 8 and
then again about 10 on Commerce Street is or is not the man that you
now know from having seen pictures and so forth, as Jack Ruby?
Mr. RICHEY. I still believe that it is the same man.
Mr. HUBERT. You were not asked by the State to testify in the case?
Mr. RICHEY. No, sir; they came and talked to Johnny and Walker and
myself but they never did call me.
Mr. HUBERT. What is your opinion as to your identification of the man
on the street and Jack Ruby as being the same man relative to your
identification of him on the reruns as opposed to your identification
of him from the still photos and other pictures that you have seen of
him thereafter?
What I am trying to get at is, which one of the subsequent views you
had of Jack Ruby is stronger in your mind with reference to identifying
the man that you saw in the street?
Mr. RICHEY. The still pictures, except for the difference in clothes.
The clothes in the still pictures look different from the ones that
this person had on that I saw, but I would say the still pictures
looked more like him.
Mr. HUBERT. Nevertheless, it is a fact, that when you saw the reruns on
the night of the 24th, at that time you had an impression that it was
the same man?
Mr. RICHEY. Yes.
Mr. HUBERT. Was that a spontaneous thing?
Mr. RICHEY. Yes; when I saw it.
Mr. HUBERT. Did you say anything to anybody?
Mr. RICHEY. My wife, I believe, because we were watching the news.
Mr. HUBERT. You didn’t report it?
Mr. RICHEY. No.
Mr. HUBERT. Mr. Richey, I have in hand here a document which purports
to be a report of an interview of you by FBI Agents Haley and Madland
on December 4, 1963, which I have marked for identification as follows:
“Fort Worth, Texas, April 15, 1964, Exhibit 5316, deposition of Warren
E. Richey,” and I have signed my name on it.