It was late at night and I believe that is----

Mr. DULLES. It must have been Saturday night, wasn't it?

Mr. WADE. No; that was Friday night.

Mr. DULLES. Friday night.

Mr. WADE. And I told him, and then I got a call, since this happened, I

talked to Jim Bowie, my first assistant who had talked to, somebody had

called him, my phone had been busy and Barefoot Sanders, I talked to

him, and he--they all told that they were concerned about their having

received calls from Washington and somewhere else, and I told them

that there wasn't any such crime in Texas, I didn't know where it came

from, and that is what prompted me to go down and take the complaint,

otherwise I never would have gone down to the police station.

Mr. RANKIN. Did you say anything about whether you had evidence to

support such a complaint of a conspiracy?

Mr. WADE. Mr. Rankin, I don't know what evidence we have, we had at

that time and actually don't know yet what all the evidence was.

I never did see, I was told they had a lot of Fair Play for Cuba

propaganda or correspondence on Oswald, and letters from the Communist

Party, and it was probably exaggerated to me.

I was told this. I have never seen any of that personally. Never saw

any of it that night. But whether he was a Communist or whether he

wasn't, had nothing to do with solving the problem at hand, the filing

of the charge.

I also was very, I wasn't sure I was going to take a complaint, and a

justice of the peace will take a complaint lots of times because he

doesn't have to try it. I knew I would have to try this case and that

prompted me to go down and see what kind of evidence they had.

Mr. RANKIN. Will you tell us what you mean by taking a complaint under

your law.

Mr. WADE. Well, a complaint is a blank form that you fill out in the

name, by the authority of the State of Texas, and so forth, which I

don't have here, but it charged, it charges a certain person with

committing a crime, and it is filed in the justice court.

The law permits the district attorney or any of his assistants to swear

the witness to the charge. The only place we sign it is over on the

left, I believe sworn to and subscribed to before me, this is the blank

day of blank, Henry Wade, district attorney.

Over on the right the complainant signs the complaint. We mean when we

say take or accept a complaint is when we swear the witness and we draw

it up ourselves and word it and take it.

Mr. RANKIN. Is that what you did in the Oswald-Ruby case?

Mr. WADE. Yes, sir; we did that. Now, as a practical matter that is not

really filing the complaints. The complaint is not really legally filed

until a justice of the peace takes it and records it on his docket.

Now, it goes to the justice of the peace court to clear the whole thing

up and his purpose, he has--the law says you shall take him immediately

before a magistrate, which is the justice of the peace.

The courts have held that it is not necessary in Texas, but there

is a statute that says that, and then he--his purpose is to hold an

examining trial to see whether it is a bailable case or not.

Then he sends it to the grand jury and the grand jury hears it and

returns an indictment or a no bill and then it is in a certain court

set with a docket number and then it is ours to try.

Does that answer some of the questions?

(At this point, Senator Cooper returned to the hearing room.)

Mr. RANKIN. Which route did you follow in regard to the Oswald case?

Mr. WADE. The same route. I accepted the complaint on him in the

homicide department, and gave it to David Johnston, the justice of the

peace who was there incidentally, or there in the homicide department.

But I didn't actually type it up. I don't know who actually typed it

up, somebody typed it up, but we file about a 100 a year, murders "did

with malice aforethought."

It was a straight murder indictment, murder with malice charge, and

that was the procedure we followed in the Oswald case.

Mr. RANKIN. Why did you not include in that complaint a charge of an

international conspiracy?

Mr. WADE. Well, it is just like I said, it is surplusage to begin with.

You don't need it. If you allege it you have to prove it. The U.S.

attorney and the attorney general had called me and said that if it

wasn't absolutely necessary they thought it shouldn't be done, and---

Mr. RANKIN. By the "attorney general" who do you mean?

Mr. WADE. Mr. Carr. And actually it is never done. I mean, you see

that got clear, apparently you had the press writing that up, radio or

whoever was saying that was--had no idea about what murder was.

Now, to write in there, assume he was, assume we could prove he was,

a Communist, which I wasn't able to prove because all I heard was he

had some literature there on him and had been in Russia, but assume I

knew he was a Communist, can I prove it, I still wouldn't have alleged

it because it is subject actually to be removed from the indictment

because it is surplusage, you know, and all a murder indictment, the

only thing that a murder indictment varies on is the method of what

they used, did kill John Doe by shooting him with a gun or by stabbing

him or by drowning him in water or how, the manner and means is the

only thing that varies in a murder indictment, all other wordage is the

same. Does that clear that up?

(Discussion off the record.)

Senator COOPER. As I understand it, under Texas law there is no crime

which is denominated under the term "international conspiracy."

Mr. WADE. No, sir.

Senator COOPER. I assume that conspiracy is a crime in Texas, isn't it,

conspiracy to commit a crime?

Mr. WADE. Conspiracy is a crime. It is a joining together of a group,

your conspiracy where they enter into an agreement to commit a crime,

and that is usually the one is indicted as a conspirator, the one who

doesn't participate in the crime.

Senator COOPER. My point is, though, that conspiracy is a crime under

Texas law?

Mr. WADE. Yes, sir; conspiracy to commit murder is a crime.

Senator COOPER. Yes.

Let me ask this question.

Mr. WADE. Yes, sir.

Senator COOPER. As I understand it then, one of the reasons that no

warrant of indictment was rendered upon, touching upon an international

conspiracy is that there is just no such crime in Texas as an

international conspiracy?

Mr. WADE. There was no such crime. If it was any such crime it would be

a Federal rather than a State offense. If there is such crime as being

a part of an international conspiracy it would deal with treason rather

than murder, I would think.

But there is no such thing as being a part of any organization that

makes that it is a crime to commit murder. This was a straight murder

charge.

If we would have had four or five co-conspirators who conspired with

him, planned the thing and could prove it we would have. That would

have been a conspiracy to, conspiracy to commit murder.

Senator COOPER. But conspiracy is not essential to the crime, to

describe the person accused as belonging to any organization?

Mr. WADE. No, sir; it is not necessary and it is entirely what they

call surplusage.

Senator COOPER. Now the last question, was there any evidence brought

to you or any evidence of which you had knowledge upon which you could

base an indictment or a warrant for conspiracy to commit murder in this

case?

Mr. WADE. No, sir; you mean parties other than Oswald?

Senator COOPER. Yes.

Mr. WADE. No. I might say on that score, to clear that up, I haven't

seen any evidence along that line. I haven't even seen any of the

correspondence that they had, allegedly had with the Communist Party

here in New York or the Fair Play for Cuba, I haven't seen his little

black book where he is supposed to have had the Russian Embassy's

telephone numbers in it which I am sure you all have gone into it.

Warren Commission (05 of 26): Hearings Vol. V (of 15) · 第 163 / 470 题