Mr. RUBY. The reason why I say this, there was some newspaper items
recently that brought up the fact that I was of unsound mind. Do I
sound that way to you at the present time?
Mr. HERNDON. I don’t feel that I am qualified at this time to make any
statement in that regard. I’m sure you would understand that that is
something you can’t give in a moment’s notice.
Mr. RUBY. Yes.
Mr. HERNDON. Would you care to sit over here, Mr. Ruby, and I will
further explain the test to you.
Mr. RUBY. Surely.
(At this time Mr. Ruby conferred with Mr. Fowler out of the hearing of
this reporter and others in the room.)
Mr. RUBY. All right.
(At this time Mr. Ruby seated himself in the polygraph test chair.)
Mr. HERNDON. This is a polygraph chair. The reason it is so
constructed, we want to take advantage of these high arms [indicating
arms on the polygraph chair] so that we can get a better tracing, and
very frankly, Mr. Ruby, I want to give you as best an examination as
I can. So, it’s going to take a little time and I want you to relax
as best you can. I realize you might be a little nervous, and I will
certainly take that into consideration. Let me just briefly, Mr.
Ruby, tell you about the polygraph examination and what we’re going
to do today. I want to proceed by hooking up some of these pieces of
equipment and briefly tell you what it is. Now, may I ask you to remove
the material you have in your pocket, sir, and you might want to give
it to your counsel.
Mr. SPECTER. Let the record show that Mr. Ruby has removed all the
objects from his upper left-hand pocket.
(After removing objects mentioned, Mr. Ruby handed the same to Mr.
Fowler.)
Mr. HERNDON. I gather from looking at your overalls that you don’t have
any restrictive garments or belts or anything underneath on you which
would hinder you or your relaxation?
Mr. RUBY. No, sir.
Mr. HERNDON. You are very comfortable?
Mr. RUBY. Yes.
Mr. HERNDON. Very fine, Mr. Ruby. Now, Mr. Ruby, there are two ways I
can do this. I can do two things—I can either go ahead and put this
equipment on you right now and describe briefly how it’s going to work,
or if you want, I can go over these first series of questions and give
you some instructions, and then put the equipment on. Which do you
prefer?
Mr. RUBY. Which is the most effective way to get what you want?
Mr. HERNDON. Well, I think in view of the fact that we will have some
discussion here, I want to make sure that you perfectly understand
these questions, I will go ahead and give you some basic instructions
about how these questions are going to be asked and how I want you to
answer them.
Mr. RUBY. All right.
Mr. HERNDON. And then later on, as I hook you up, I will briefly
describe what this equipment is going to do.
Mr. RUBY. Yes.
Mr. HERNDON. The polygraph examination will entail, as Mr. Specter
indicated, just approximately 8 to 9 questions, Mr. Ruby, in what we
call a series. Now, I’m going to go over these questions with you
right now very carefully. I want to make sure that the way I have them
phrased is in such a way that you understand perfectly what I mean by
them. We will discuss the question and you may if you want to, even
answer the question at this time.
Mr. RUBY. I would appreciate it myself.
Mr. HERNDON. In other words, I’m going to tell you what the question is
going to be and you shall feel free to answer it “Yes” or “No.”
Mr. FOWLER. Excuse me, sir.
Mr. HERNDON. Certainly.
Mr. FOWLER. At this time, Jack, I request that in view of the fact that
you’re not hooked up, that you do not answer the question and reserve
those until such time as you will be on the machine.
Mr. RUBY. That’s fine.
Mr. HERNDON. Then, we will just discuss the questions.
Mr. RUBY. Do it to your advantage, may I add.
Mr. HERNDON. I generally prefer in my practice with the polygraph to
have the gentleman answer the question so that he knows he has already
answered it, and as a matter of record, he knows that that question is
coming along.