CHAPTER IV

The Assassin

The preceding chapter has established that the bullets which killed

President Kennedy and wounded Governor Connally were fired from the

southeast corner window of the sixth floor of the Texas School Book

Depository Building and that the weapon which fired these bullets was

a Mannlicher-Carcano 6.5-millimeter Italian rifle bearing the serial

number C2766. In this chapter the Commission evaluates the evidence

upon which it has based its conclusion concerning the identity of the

assassin. This evidence includes (1) the ownership and possession of

the weapon used to commit the assassination, (2) the means by which the

weapon was brought into the Depository Building, (3) the identity of

the person present at the window from which the shots were fired, (4)

the killing of Dallas Patrolman J.D. Tippit within 45 minutes after the

assassination, (5) the resistance to arrest and the attempted shooting

of another police officer by the man (Lee Harvey Oswald) subsequently

accused of assassinating President Kennedy and killing Patrolman

Tippit, (6) the lies told to the police by Oswald, (7) the evidence

linking Oswald to the attempted killing of Maj. Gen. Edwin A. Walker

(Resigned, U.S. Army) on April 10, 1963, and (8) Oswald’s capability

with a rifle.

OWNERSHIP AND POSSESSION OF ASSASSINATION WEAPON

Purchase of Rifle by Oswald

Shortly after the Mannlicher-Carcano rifle was found on the sixth floor

of the Texas School Book Depository Building,[C4-1] agents of the FBI

learned from retail outlets in Dallas that Crescent Firearms, Inc.,

of New York City, was a distributor of surplus Italian 6.5-millimeter

military rifles.[C4-2] During the evening of November 22, 1963, a

review of the records of Crescent Firearms revealed that the firm had

shipped an Italian carbine, serial number C2766, to Klein’s Sporting

Goods Co., of Chicago, Ill.[C4-3] After searching their records from

10 p.m. to 4 a.m. the officers of Klein’s discovered that a rifle

bearing serial number C2766 had been shipped to one A. Hidell, Post

Office Box 2915, Dallas, Tex., on March 20, 1963.[C4-4] (See Waldman

Exhibit No. 7, p. 120.)

According to its microfilm records, Klein’s received an order for a

rifle on March 13, 1963, on a coupon clipped from the February 1963

issue of the American Rifleman magazine. The order coupon was signed,

in handprinting, “A. Hidell, P.O. Box 2915, Dallas, Texas.” (See

Commission Exhibit No. 773, p. 120.) It was sent in an envelope bearing

the same name and return address in handwriting. Document examiners

for the Treasury Department and the FBI testified unequivocally that

the bold printing on the face of the mail-order coupon was in the

handprinting of Lee Harvey Oswald and that the writing on the envelope

was also his.[C4-5] Oswald’s writing on these and other documents was

identified by comparing the writing and printing on the documents in

question with that appearing on documents known to have been written by

Oswald, such as his letters, passport application, and endorsements of

checks.[C4-6] (See app. X, p. 568-569.)

In addition to the order coupon the envelope contained a U.S. postal

money order for $21.45, purchased as No. 2,202,130,462 in Dallas,

Tex., on March 12, 1963.[C4-7] The canceled money order was obtained

from the Post Office Department. Opposite the printed words “Pay To”

were written the words “Kleins Sporting Goods,” and opposite the

printed word “From” were written the words “A. Hidell, P.O. Box 2915

Dallas, Texas.” These words were also in the handwriting of Lee Harvey

Oswald.[C4-8] (See Commission Exhibit No. 788, p. 120.)

From Klein’s records it was possible to trace the processing of the

order after its receipt. A bank deposit made on March 13, 1963,

included an item of $21.45. Klein’s shipping order form shows an

imprint made by the cash register which recorded the receipt of $21.45

on March 13, 1963. This price included $19.95 for the rifle and the

scope, and $1.50 for postage and handling. The rifle without the scope

cost only $12.78.[C4-9]

According to the vice president of Klein’s, William Waldman, the scope

was mounted on the rifle by a gunsmith employed by Klein’s, and the

rifle was shipped fully assembled in accordance with customary company

procedures.[C4-10] The specific rifle shipped against the order had

been received by Klein’s from Crescent on February 21, 1963. It bore

the manufacturer’s serial number C2766. On that date, Klein’s placed

an internal control number VC836 on this rifle.[C4-11] According to

Klein’s shipping order form, one Italian carbine 6.5 X-4× scope,

control number VC836, serial number C2766, was shipped parcel post to

“A. Hidell, P.O. Box 2915, Dallas, Texas,” on March 20, 1963.[C4-12]

Information received from the Italian Armed Forces Intelligence Service

has established that this particular rifle was the only rifle of its

type bearing serial number C2766.[C4-13] (See app. X, p. 554.)

The post office box to which the rifle was shipped was rented to “Lee

H. Oswald” from October 9, 1962, to May 14, 1963.[C4-14] Experts on

handwriting identification from the Treasury Department and the FBI

testified that the signature and other writing on the application for

that box were in the handwriting of Lee Harvey Oswald,[C4-15] as was

a change-of-address card dated May 12, 1963,[C4-16] by which Oswald

requested that mail addressed to that box be forwarded to him in New

Orleans, where he had moved on April 24.[C4-17] Since the rifle was

shipped from Chicago on March 20, 1963, it was received in Dallas

during the period when Oswald rented and used the box. (See Commission

Exhibit No. 791, p. 120.)

[Illustration: DOCUMENTS ESTABLISHING PURCHASE OF RIFLE BY LEE HARVEY

OSWALD

COMMISSION EXHIBIT 791

APPLICATION FOR POST OFFICE BOX

COMMISSION EXHIBIT 773

PURCHASE ORDER

COMMISSION EXHIBIT 788

MONEY ORDER

WALDMAN’S EXHIBIT 7

KLEIN’S SHIPPING ORDER]

It is not known whether the application for post office box 2915

listed “A. Hidell” as a person entitled to receive mail at this box.

In accordance with postal regulations, the portion of the application

which lists names of persons, other than the applicant, entitled to

receive mail was thrown away after the box was closed on May 14,

1963.[C4-18] Postal Inspector Harry D. Holmes of the Dallas Post Office

testified, however, that when a package is received for a certain

box, a notice is placed in that box regardless of whether the name

on the package is listed on the application as a person entitled to

receive mail through that box. The person having access to the box then

takes the notice to the window and is given the package. Ordinarily,

Inspector Holmes testified, identification is not requested because

it is assumed that the person with the notice is entitled to the

package.[C4-19]

Oswald’s use of the name “Hidell” to purchase the assassination weapon

was one of several instances in which he used this name as an alias.

When arrested on the day of the assassination, he had in his possession

a Smith & Wesson .38 caliber revolver[C4-20] purchased by mail-order

coupon from Seaport-Traders, Inc., a mail-order division of George

Rose & Co., Los Angeles. The mail-order coupon listed the purchaser

as “A. J. Hidell Age 28” with the address of post office box 2915

in Dallas.[C4-21] Handwriting experts from the FBI and the Treasury

Department testified that the writing on the mail-order form was that

of Lee Harvey Oswald.[C4-22]

Among other identification cards in Oswald’s wallet at the time of his

arrest were a Selective Service notice of classification, a Selective

Service registration certificate,[C4-23] and a certificate of service

in the U.S. Marine Corps,[C4-24] all three cards being in his own

name. Also in his wallet at that time were a Selective Service notice

of classification and a Marine certificate of service in the name

of Alek James Hidell.[C4-25] On the Hidell Selective Service card

there appeared a signature, “Alek J. Hidell,” and the photograph of

Lee Harvey Oswald.[C4-26] Experts on questioned documents from the

Treasury Department and the FBI testified that the Hidell cards were

counterfeit photographic reproductions made by photographing the

Oswald cards, retouching the resulting negatives, and producing prints

from the retouched negatives. The Hidell signature on the notice of

classification was in the handwriting of Oswald.[C4-27] (See app. X, p.

572.)

In Oswald’s personal effects found in his room at 1026 North

Beckley Avenue in Dallas was a purported international certificate

of vaccination signed by “Dr. A. J. Hideel,” Post Office Box 30016,

New Orleans.[C4-28] It certified that Lee Harvey Oswald had been

vaccinated for smallpox on June 8, 1963. This, too, was a forgery.

The signature of “A. J. Hideel” was in the handwriting of Lee Harvey

Oswald.[C4-29] There is no “Dr. Hideel” licensed to practice medicine

in Louisiana.[C4-30] There is no post office box 30016 in the New

Orleans Post Office but Oswald had rented post office box 30061 in New

Orleans[C4-31] on June 3, 1963, listing Marina Oswald and A. J. Hidell

as additional persons entitled to receive mail in the box.[C4-32]

The New Orleans postal authorities had not discarded the portion of

the application listing the names of those, other than the owner of

the box, entitled to receive mail through the box. Expert testimony

confirmed that the writing on this application was that of Lee Harvey

Oswald.[C4-33]

Hidell’s name on the post office box application was part of Oswald’s

use of a nonexistent Hidell to serve as president of the so-called New

Orleans Chapter of the Fair Play for Cuba Committee. (As discussed

below in ch. VI, p. 292.) Marina Oswald testified that she first

learned of Oswald’s use of the fictitious name “Hidell” in connection

with his pro-Castro activities in New Orleans.[C4-34] According

to her testimony, he compelled her to write the name “Hidell” on

membership cards in the space designated for the signature of the

“Chapter President.”[C4-35] The name “Hidell” was stamped on some of

the “Chapter’s” printed literature and on the membership application

blanks.[C4-36] Marina Oswald testified, “I knew there was no such

organization. And I know Hidell is merely an altered Fidel, and I

laughed at such foolishness.”[C4-37] Hidell was a fictitious president

of an organization of which Oswald was the only member.[C4-38]

When seeking employment in New Orleans, Oswald listed a “Sgt. Robt.

Hidell” as a reference on one job application[C4-39] and “George

Hidell” as a reference on another.[C4-40] Both names were found to be

fictitious.[C4-41] Moreover, the use of “Alek” as a first name for

Hidell is a further link to Oswald because “Alek” was Oswald’s nickname

in Russia.[C4-42] Letters received by Marina Oswald from her husband

signed “Alek” were given to the Commission.[C4-43]

Oswald’s Palmprint on Rifle Barrel

Based on the above evidence, the Commission concluded that Oswald

purchased the rifle found on the sixth floor of the Depository

Building. Additional evidence of ownership was provided in the form of

palmprint identification which indicated that Oswald had possession of

the rifle he had purchased.

A few minutes after the rifle was discovered on the sixth floor of

the Depository Building[C4-44] it was examined by Lt. J. C. Day of

the identification bureau of the Dallas police. He lifted the rifle

by the wooden stock after his examination convinced him that the wood

was too rough to take fingerprints. Capt. J. W. Fritz then ejected a

cartridge by operating the bolt, but only after Day viewed the knob

on the bolt through a magnifying glass and found no prints.[C4-45]

Day continued to examine the rifle with the magnifying glass, looking

for possible fingerprints. He applied fingerprint powder to the side

of the metal housing near the trigger, and noticed traces of two

prints.[C4-46] At 11:45 p.m. on November 22, the rifle was released

to the FBI and forwarded to Washington where it was examined on the

morning of November 23 by Sebastian F. Latona, supervisor of the Latent

Fingerprint Section of the FBI’s Identification Division.[C4-47]

In his testimony before the Commission, Latona stated that when he

received the rifle, the area where prints were visible was protected by

cellophane.[C4-48] He examined these prints, as well as photographs of

them which the Dallas police had made, and concluded that:

* * * the formations, the ridge formations and characteristics,

were insufficient for purposes of either effecting

identification or a determination that the print was not

identical with the prints of people. Accordingly, my opinion

simply was that the latent prints which were there were of no

value.[C4-49]

Latona then processed the complete weapon but developed no identifiable

prints.[C4-50] He stated that the poor quality of the wood and the

metal would cause the rifle to absorb moisture from the skin, thereby

making a clear print unlikely.[C4-51]

On November 22, however, before surrendering possession of the rifle

to the FBI Laboratory, Lieutenant Day of the Dallas Police Department

had “lifted” a palmprint from the underside of the gun barrel “near

the firing end of the barrel about 3 inches under the Woodstock when I

took the Woodstock loose.”[C4-52] “Lifting” a print involves the use of

adhesive material to remove the fingerprint powder which adheres to the

original print. In this way the powdered impression is actually removed

from the object.[C4-53] The lifting had been so complete in this case

that there was no trace of the print on the rifle itself when it was

examined by Latona. Nor was there any indication that the lift had been

performed.[C4-54] Day, on the other hand, believed that sufficient

traces of the print had been left on the rifle barrel, because he

did not release the lifted print until November 26, when he received

instructions to send “everything that we had” to the FBI.[C4-55] The

print arrived in the FBI Laboratory in Washington on November 29,

mounted on a card on which Lieutenant Day had written the words “off

underside gun barrel near end of foregrip C2766.”[C4-56] The print’s

positive identity as having been lifted from the rifle was confirmed

by FBI Laboratory tests which established that the adhesive material

bearing the print also bore impressions of the same irregularities that

appeared on the barrel of the rifle.[C4-57]

Latona testified that this palmprint was the right palmprint of

Lee Harvey Oswald.[C4-58] At the request of the Commission, Arthur

Mandella, fingerprint expert with the New York City Police Department,

conducted an independent examination and also determined that this

was the right palmprint of Oswald.[C4-59] Latona’s findings were also

confirmed by Ronald G. Wittmus, another FBI fingerprint expert.[C4-60]

In the opinion of these experts, it was not possible to estimate the

time which elapsed between the placing of the print on the rifle and

the date of the lift.[C4-61]

Experts testifying before the Commission agreed that palmprints

are as unique as fingerprints for purposes of establishing

identification.[C4-62] Oswald’s palmprint on the underside of the

barrel demonstrates that he handled the rifle when it was disassembled.

A palmprint could not be placed on this portion of the rifle, when

assembled, because the wooden foregrip covers the barrel at this

point.[C4-63] The print is additional proof that the rifle was in

Oswald’s possession.

Fibers on Rifle

In a crevice between the butt plate of the rifle and the wooden stock

was a tuft of several cotton fibers of dark blue, gray-black, and

orange-yellow shades.[C4-64] On November 23, 1963, these fibers were

examined by Paul M. Stombaugh, a special agent assigned to the Hair

and Fiber Unit of the FBI Laboratory.[C4-65] He compared them with the

fibers found in the shirt which Oswald was wearing when arrested in

the Texas Theatre.[C4-66] This shirt was also composed of dark blue,

gray-black and orange-yellow cotton fibers. Stombaugh testified that

the colors, shades, and twist of the fibers found in the tuft on the

rifle matched those in Oswald’s shirt.[C4-67] (See app. X, p. 592.)

Stombaugh explained in his testimony that in fiber analysis, as

distinct from fingerprint or firearms identification, it is not

possible to state with scientific certainty that a particular small

group of fibers come from a certain piece of clothing to the exclusion

of all others because there are not enough microscopic characteristics

present in fibers.[C4-68] Judgments as to probability will depend on

the number and types of matches.[C4-69] He concluded, “There is no

doubt in my mind that these fibers could have come from this shirt.

There is no way, however, to eliminate the possibility of the fibers

having come from another identical shirt.”[C4-70]

Having considered the probabilities as explained in Stombaugh’s

testimony, the Commission has concluded that the fibers in the tuft

on the rifle most probably came from the shirt worn by Oswald when he

was arrested, and that this was the same shirt which Oswald wore on

the morning of the assassination. Marina Oswald testified that she

thought her husband wore this shirt to work on that day.[C4-71] The

testimony of those who saw him after the assassination was inconclusive

about the color of Oswald’s shirt,[C4-72] but Mary Bledsoe, a former

landlady of Oswald, saw him on a bus approximately 10 minutes after

the assassination and identified the shirt as being the one worn by

Oswald primarily because of a distinctive hole in the shirt’s right

elbow.[C4-73] Moreover, the bus transfer which he obtained as he left

the bus was still in the pocket when he was arrested.[C4-74] Although

Oswald returned to his roominghouse after the assassination and when

questioned by the police, claimed to have changed his shirt,[C4-75] the

evidence indicates that he continued wearing the same shirt which he

was wearing all morning and which he was still wearing when arrested.

In light of these findings the Commission evaluated the additional

testimony of Stombaugh that the fibers were caught in the crevice of

the rifle’s butt plate “in the recent past.”[C4-76] Although Stombaugh

was unable to estimate the period of time the fibers were on the rifle

he said that the fibers “were clean, they had good color to them,

there was no grease on them and they were not fragmented. They looked

as if they had just been picked up.”[C4-77] The relative freshness

of the fibers is strong evidence that they were caught on the rifle

on the morning of the assassination or during the preceding evening.

For 10 days prior to the eve of the assassination Oswald had not been

present at Ruth Paine’s house in Irving, Tex.,[C4-78] where the rifle

was kept.[C4-79] Moreover, the Commission found no reliable evidence

that Oswald used the rifle at any time between September 23, when it

was transported from New Orleans, and November 22, the day of the

assassination.[C4-80] The fact that on the morning of the assassination

Oswald was wearing the shirt from which these relatively fresh fibers

most probably originated, provides some evidence that they were placed

on the rifle that day since there was limited, if any, opportunity for

Oswald to handle the weapon during the 2 months prior to November 22.

On the other hand Stombaugh pointed out that fibers might retain their

freshness if the rifle had been “put aside” after catching the fibers.

The rifle used in the assassination probably had been wrapped in a

blanket for about 8 weeks prior to November 22.[C4-81] Because the

relative freshness of these fibers might be explained by the continuous

storage of the rifle in the blanket, the Commission was unable to reach

any firm conclusion as to when the fibers were caught in the rifle. The

Commission was able to conclude, however, that the fibers most probably

came from Oswald’s shirt. This adds to the conviction of the Commission

that Oswald owned and handled the weapon used in the assassination.

Photograph of Oswald With Rifle

During the period from March 2, 1963, to April 24, 1963, the Oswalds

lived on Neely Street in Dallas in a rented house which had a small

back yard.[C4-82] One Sunday, while his wife was hanging diapers,

Oswald asked her to take a picture of him holding a rifle, a pistol

and issues of two newspapers later identified as the Worker and the

Militant.[C4-83] Two pictures were taken. The Commission has concluded

that the rifle shown in these pictures is the same rifle which was

found on the sixth floor of the Depository Building on November 22,

1963. (See Commission Exhibits Nos. 133-A and 133-B, p. 126.)

One of these pictures, Exhibit No. 133-A, shows most of the rifle’s

configuration.[C4-84] Special Agent Lyndal L. Shaneyfelt, a photography

expert with the FBI, photographed the rifle used in the assassination,

attempting to duplicate the position of the rifle and the lighting in

Exhibit No. 133-A.[C4-85] After comparing the rifle in the simulated

photograph with the rifle in Exhibit No. 133-A, Shaneyfelt testified,

“I found it to be the same general configuration. All appearances were

the same.” He found “one notch in the stock at this point that appears

very faintly in the photograph.” He stated, however, that while he

“found no differences” between the rifles in the two photographs, he

could not make a “positive identification to the exclusion of all other

rifles of the same general configuration.”[C4-86]

[Illustration: PHOTOGRAPHS OF OSWALD HOLDING RIFLE

COMMISSION EXHIBIT NO. 133-A

COMMISSION EXHIBIT NO. 133-B

COMMISSION EXHIBIT NO. 134

(Enlargement of Commission Exhibit No. 133-A)]

The authenticity of these pictures has been established by expert

testimony which links the second picture, Commission Exhibit No. 133-B,

to Oswald’s Imperial Reflex camera, with which Marina Oswald testified

she took the pictures.[C4-87] The negative of that picture, Commission

Exhibit No. 133-B, was found among Oswald’s possessions.[C4-88]

Using a recognized technique of determining whether a picture was

taken with a particular camera, Shaneyfelt compared this negative

with a negative which he made by taking a new picture with Oswald’s

camera.[C4-89] He concluded that the negative of Exhibit No. 133-B was

exposed in Oswald’s Imperial Reflex camera to the exclusion of all

other cameras.[C4-90] He could not test Exhibit No. 133-A in the same

way because the negative was never recovered.[C4-91] Both pictures,

however, have identical backgrounds and lighting and, judging from the

shadows, were taken at the same angle. They are photographs of the

same scene.[C4-92] Since Exhibit No. 133-B was taken with Oswald’s

camera, it is reasonably certain that Exhibit No. 133-A was taken by

the same camera at the same time, as Marina Oswald testified. Moreover,

Shaneyfelt testified that in his opinion the photographs were not

composites of two different photographs and that Oswald’s face had not

been superimposed on another body.[C4-93]

One of the photographs taken by Marina Oswald was widely published

in newspapers and magazines, and in many instances the details of

these pictures differed from the original, and even from each other,

particularly as to the configuration of the rifle. The Commission

sought to determine whether these photographs were retouched prior

to publication. Shaneyfelt testified that the published photographs

appeared to be based on a copy of the original which the publications

had each retouched differently.[C4-94] Several of the publications

furnished the Commission with the prints they had used, or described by

correspondence the retouching they had done. This information enabled

the Commission to conclude that the published pictures were the same

as the original except for retouching done by these publications,

apparently for the purpose of clarifying the lines of the rifle and

other details in the picture.[C4-95]

The dates surrounding the taking of this picture and the purchase of

the rifle reinforce the belief that the rifle in the photograph is

the rifle which Oswald bought from Klein’s. The rifle was shipped

from Klein’s in Chicago on March 20, 1963, at a time when the Oswalds

were living on Neely Street.[C4-96] From an examination of one of

the photographs, the Commission determined the dates of the issues

of the Militant and the Worker which Oswald was holding in his hand.

By checking the actual mailing dates of these issues and the time it

usually takes to effect delivery to Dallas, it was established that the

photographs must have been taken sometime after March 27.[C4-97] Marina

Oswald testified that the photographs were taken on a Sunday about 2

weeks before the attempted shooting of Maj. Gen. Edwin A. Walker on

April 10, 1963.[C4-98] By Sunday, March 31, 1963, 10 days prior to the

Walker attempt, Oswald had undoubtedly received the rifle shipped from

Chicago on March 20, the revolver shipped from Los Angeles on the same

date,[C4-99] and the two newspapers which he was holding in the picture.

Rifle Among Oswald’s Possessions

Marina Oswald testified that the rifle found on the sixth floor of the

Depository Building was the “fateful rifle of Lee Oswald.”[C4-100]

Moreover, it was the only rifle owned by her husband following his

return from the Soviet Union in June 1962.[C4-101] It had been

purchased in March 1963, and taken to New Orleans where Marina Oswald

saw it in their rented apartment during the summer of 1963.[C4-102]

It appears from his wife’s testimony that Oswald may have sat on the

screened-in porch at night practicing with the rifle by looking through

the telescopic sight and operating the bolt.[C4-103] In September 1963,

Oswald loaded their possessions into a station wagon owned by Ruth

Paine, who had invited Marina Oswald and the baby to live at her home

in Irving,[C4-104] Tex. Marina Oswald has stated that the rifle was

among these possessions,[C4-105] although Ruth Paine testified that she

was not aware of it.[C4-106]

From September 24, 1963, when Marina Oswald arrived in Irving from

New Orleans, until the morning of the assassination, the rifle was,

according to the evidence, stored in a green and brown blanket in the

Paines’ garage among the Oswalds’ other possessions.[C4-107] About 1

week after the return from New Orleans, Marina Oswald was looking in

the garage for parts to the baby’s crib and thought that the parts

might be in the blanket. When she started to open the blanket, she saw

the stock of the rifle.[C4-108] Ruth and Michael Paine both noticed the

rolled-up blanket in the garage during the time that Marina Oswald was

living in their home.[C4-109] On several occasions, Michael Paine moved

the blanket in the garage.[C4-110] He thought it contained tent poles,

or possibly other camping equipment such as a folding shovel.[C4-111]

When he appeared before the Commission, Michael Paine lifted the

blanket with the rifle wrapped inside and testified that it appeared

to be the same approximate weight and shape as the package in his

garage.[C4-112]

About 3 hours after the assassination, a detective and deputy sheriff

saw the blanket-roll, tied with a string, lying on the floor of the

Paines’ garage. Each man testified that he thought he could detect

the outline of a rifle in the blanket, even though the blanket was

empty.[C4-113] Paul M. Stombaugh, of the FBI Laboratory, examined the

blanket and discovered a bulge approximately 10 inches long midway

in the blanket. This bulge was apparently caused by a hard protruding

object which had stretched the blanket’s fibers. It could have been

caused by the telescopic sight of the rifle which was approximately 11

inches long.[C4-114] (See Commission Exhibit No. 1304, p. 132.)

Conclusion

Having reviewed the evidence that (1) Lee Harvey Oswald purchased the

rifle used in the assassination, (2) Oswald’s palmprint was on the

rifle in a position which shows that he had handled it while it was

disassembled, (3) fibers found on the rifle most probably came from

the shirt Oswald was wearing on the day of the assassination, (4) a

photograph taken in the yard of Oswald’s apartment showed him holding

this rifle, and (5) the rifle was kept among Oswald’s possessions

from the time of its purchase until the day of the assassination, the

Commission concluded that the rifle used to assassinate President

Kennedy and wound Governor Connally was owned and possessed by Lee

Harvey Oswald.

THE RIFLE IN THE BUILDING

The Commission has evaluated the evidence tending to show how Lee

Harvey Oswald’s Mannlicher-Carcano rifle, serial number C2766, was

brought into the Depository Building, where it was found on the

sixth floor shortly after the assassination. In this connection the

Commission considered (1) the circumstances surrounding Oswald’s return

to Irving, Tex., on Thursday, November 21, 1963, (2) the disappearance

of the rifle from its normal place of storage, (3) Oswald’s arrival at

the Depository Building on November 22, carrying a long and bulky brown

paper package, (4) the presence of a long handmade brown paper bag

near the point from which the shots were fired, and (5) the palmprint,

fiber, and paper analyses linking Oswald and the assassination weapon

to this bag.

The Curtain Rod Story

During October and November of 1963, Lee Harvey Oswald lived in a

roominghouse in Dallas while his wife and children lived in Irving,

at the home of Ruth Paine,[C4-115] approximately 15 miles from

Oswald’s place of work at the Texas School Book Depository. Oswald

traveled between Dallas and Irving on weekends in a car driven by a

neighbor of the Paines, Buell Wesley Frazier, who also worked at the

Depository.[C4-116] Oswald generally would go to Irving on Friday

afternoon and return to Dallas Monday morning. According to the

testimony of Frazier, Marina Oswald, and Ruth Paine, it appears that

Oswald never returned to Irving in midweek prior to November 21, 1963,

except on Monday, October 21, when he visited his wife in the hospital

after the birth of their second child.[C4-117]

During the morning of November 21, Oswald asked Frazier whether he

could ride home with him that afternoon. Frazier, surprised, asked

him why he was going to Irving on Thursday night rather than Friday.

Oswald replied, “I’m going home to get some curtain rods * * * [to]

put in an apartment.”[C4-118] The two men left work at 4:40 p.m. and

drove to Irving. There was little conversation between them on the way

home.[C4-119] Mrs. Linnie Mae Randle, Frazier’s sister, commented to

her brother about Oswald’s unusual midweek return to Irving. Frazier

told her that Oswald had come home to get curtain rods.[C4-120]

It would appear, however, that obtaining curtain rods was not the

purpose of Oswald’s trip to Irving on November 21. Mrs. A. C. Johnson,

his landlady, testified that Oswald’s room at 1026 North Beckley Avenue

had curtains and curtain rods,[C4-121] and that Oswald had never

discussed the subject with her.[C4-122] In the Paines’ garage, along

with many other objects of a household character, there were two flat

lightweight curtain rods belonging to Ruth Paine but they were still

there on Friday afternoon after Oswald’s arrest.[C4-123] Oswald never

asked Mrs. Paine about the use of curtain rods,[C4-124] and Marina

Oswald testified that Oswald did not say anything about curtain rods

on the day before the assassination.[C4-125] No curtain rods were

known to have been discovered in the Depository Building after the

assassination.[C4-126] In deciding whether Oswald carried a rifle to

work in a long paper bag on November 22, the Commission gave weight to

the fact that Oswald gave a false reason for returning home on November

21, and one which provided an excuse for the carrying of a bulky

package the following morning.

The Missing Rifle

Before dinner on November 21, Oswald played on the lawn of the Paines’

home with his daughter June.[C4-127] After dinner Ruth Paine and

Marina Oswald were busy cleaning house and preparing their children

for bed.[C4-128] Between the hours of 8 and 9 p.m. they were occupied

with the children in the bedrooms located at the extreme east end of

the house.[C4-129] On the west end of the house is the attached garage,

which can be reached from the kitchen or from the outside.[C4-130] In

the garage were the personal belongings of the Oswald family including,

as the evidence has shown, the rifle wrapped in the old brown and green

blanket.[C4-131]

At approximately 9 p.m., after the children had been put to bed, Mrs.

Paine, according to her testimony before the Commission, “went out to

the garage to paint some children’s blocks, and worked in the garage

for half an hour or so. I noticed when I went out that the light was

on.”[C4-132] Mrs. Paine was certain that she had not left the light on

in the garage after dinner.[C4-133] According to Mrs. Paine, Oswald

had gone to bed by 9 p.m.;[C4-134] Marina Oswald testified that it was

between 9 and 10 p.m.[C4-135] Neither Marina Oswald nor Ruth Paine

saw Oswald in the garage.[C4-136] The period between 8 and 9 p.m.,

however, provided ample opportunity for Oswald to prepare the rifle for

his departure the next morning. Only if disassembled could the rifle

fit into the paper bag found near the window[C4-137] from which the

shots were fired. A firearms expert with the FBI assembled the rifle

in 6 minutes using a 10-cent coin as a tool, and he could disassemble

it more rapidly.[C4-138] While the rifle may have already been

disassembled when Oswald arrived home on Thursday, he had ample time

that evening to disassemble the rifle and insert it into the paper bag.

On the day of the assassination, Marina Oswald was watching television

when she learned of the shooting. A short time later Mrs. Paine told

her that someone had shot the President “from the building in which

Lee is working.” Marina Oswald testified that at that time “My heart

dropped. I then went to the garage to see whether the rifle was there

and I saw that the blanket was still there and I said ‘Thank God.’” She

did not unroll the blanket. She saw that it was in its usual position

and it appeared to her to have something inside.[C4-139]

Soon afterward, at about 3 p.m., police officers arrived and searched

the house. Mrs. Paine pointed out that most of the Oswalds’ possessions

were in the garage.[C4-140] With Ruth Paine acting as an interpreter,

Detective Rose asked Marina whether her husband had a rifle. Mrs.

Paine, who had no knowledge of the rifle, first said “No,” but when

the question was translated, Marina Oswald replied “Yes.”[C4-141] She

pointed to the blanket which was on the floor very close to where Ruth

Paine was standing. Mrs. Paine testified:

As she [Marina] told me about it I stepped onto the blanket

roll. * * * And she indicated to me that she had peered into

this roll and saw a portion of what she took to be a gun she

knew her husband to have, a rifle. And I then translated this

to the officers that she knew that her husband had a gun that

he had stored in here. * * * I then stepped off of it and the

officer picked it up in the middle and it bent so. * * *[C4-142]

Mrs. Paine had the actual blanket before her as she testified and she

indicated that the blanket hung limp in the officer’s hand.[C4-143]

Marina Oswald testified that this was her first knowledge that the

rifle was not in its accustomed place.[C4-144]

The Long and Bulky Package

On the morning of November 22, 1963, Lee Harvey Oswald left the Paine

house in Irving at approximately 7:15 a.m., while Marina Oswald was

still in bed.[C4-145] Neither she nor Mrs. Paine saw him leave the

house.[C4-146] About half-a-block away from the Paine house was the

residence of Mrs. Linnie Mae Randle, the sister of the man with whom

Oswald drove to work--Buell Wesley Frazier. Mrs. Randle stated that on

the morning of November 22, while her brother was eating breakfast, she

looked out the breakfast-room window and saw Oswald cross the street

and walk toward the driveway where her brother parked his car near

the carport. He carried a “heavy brown bag.”[C4-147] Oswald gripped

the bag in his right hand near the top. “It tapered like this as he

hugged it in his hand. It was * * * more bulky toward the bottom”

than toward the top.[C4-148] She then opened the kitchen door and

saw Oswald open the right rear door of her brother’s car and place

the package in the back of the car.[C4-149] Mrs. Randle estimated

that the package was approximately 28 inches long and about 8 inches

wide.[C4-150] She thought that its color was similar to that of the

bag found on the sixth floor of the School Book Depository after the

assassination.[C4-151]

[Illustration: COMISSION EXHIBIT NO. 1304

C2766 Mannlicher-Carcano rifle and paper bag found on the sixth floor

of the Texas School Book Depository.]

Frazier met Oswald at the kitchen door and together they walked to the

car.[C4-152] After entering the car, Frazier glanced over his shoulder

and noticed a brown paper package on the back seat. He asked, “What’s

the package, Lee?” Oswald replied, “curtain rods.”[C4-153] Frazier told

the Commission “* * * the main reason he was going over there that

Thursday afternoon when he was to bring back some curtain rods, so I

didn’t think any more about it when he told me that.”[C4-154] Frazier

estimated that the bag was 2 feet long “give and take a few inches,”

and about 5 or 6 inches wide.[C4-155] As they sat in the car, Frazier

asked Oswald where his lunch was, and Oswald replied that he was going

to buy his lunch that day.[C4-156] Frazier testified that Oswald

carried no lunch bag that day. “When he rode with me, I say he always

brought lunch except that one day on November 22 he didn’t bring his

lunch that day.”[C4-157]

Frazier parked the car in the company parking lot about 2 blocks

north of the Depository Building. Oswald left the car first, picked

up the brown paper bag, and proceeded toward the building ahead of

Frazier. Frazier walked behind and as they crossed the railroad tracks

he watched the switching of the cars. Frazier recalled that one end

of the package was under Oswald’s armpit and the lower part was held

with his right hand so that it was carried straight and parallel

to his body. When Oswald entered the rear door of the Depository

Building, he was about 50 feet ahead of Frazier. It was the first time

that Oswald had not walked with Frazier from the parking lot to the

building entrance.[C4-158] When Frazier entered the building, he did

not see Oswald.[C4-159] One employee, Jack Dougherty, believed that he

saw Oswald coming to work, but he does not remember that Oswald had

anything in his hands as he entered the door.[C4-160] No other employee

has been found who saw Oswald enter that morning.[C4-161]

In deciding whether Oswald carried the assassination weapon in the

bag which Frazier and Mrs. Randle saw, the Commission has carefully

considered the testimony of these two witnesses with regard to the

length of the bag. Frazier and Mrs. Randle testified that the bag which

Oswald was carrying was approximately 27 or 28 inches long,[C4-162]

whereas the wooden stock of the rifle, which is its largest component,

measured 34.8 inches.[C4-163] The bag found on the sixth floor was 38

inches long.[C4-164] (See Commission Exhibit No. 1304, p. 132.) When

Frazier appeared before the Commission and was asked to demonstrate

how Oswald carried the package, he said, “Like I said, I remember

that I didn’t look at the package very much * * * but when I did

look at it he did have his hands on the package like that,”[C4-165]

and at this point Frazier placed the upper part of the package under

his armpit and attempted to cup his right hand beneath the bottom of

the bag. The disassembled rifle was too long to be carried in this

manner. Similarly, when the butt of the rifle was placed in Frazier’s

hand, it extended above his shoulder to ear level.[C4-166] Moreover,

in an interview on December 1, 1963, with agents of the FBI, Frazier

had marked the point on the back seat of his car which he believed

was where the bag reached when it was laid on the seat with one edge

against the door. The distance between the point on the seat and the

door was 27 inches.[C4-167]

Mrs. Randle said, when shown the paper bag, that the bag she saw Oswald

carrying “wasn’t that long, I mean it was folded down at the top as

I told you. It definitely wasn’t that long.”[C4-168] And she folded

the bag to a length of about 28½ inches. Frazier doubted whether the

bag that Oswald carried was as wide as the bag found on the sixth

floor,[C4-169] although Mrs. Randle testified that the width was

approximately the same.[C4-170]

The Commission has weighed the visual recollection of Frazier and

Mrs. Randle against the evidence here presented that the bag Oswald

carried contained the assassination weapon and has concluded that

Frazier and Randle are mistaken as to the length of the bag. Mrs.

Randle saw the bag fleetingly and her first remembrance is that it was

held in Oswald’s right hand “and it almost touched the ground as he

carried it.”[C4-171] Frazier’s view of the bag was from the rear. He

continually advised that he was not paying close attention.[C4-172] For

example, he said,

* * * I didn’t pay too much attention the way he was walking

because I was walking along there looking at the railroad cars

and watching the men on the diesel switch them cars and I

didn’t pay too much attention on how he carried the package at

all.[C4-173]

Frazier could easily have been mistaken when he stated that Oswald held

the bottom of the bag cupped in his hand with the upper end tucked into

his armpit.

Location of Bag

A handmade bag of wrapping paper and tape[C4-174] was found in the

southeast corner of the sixth floor alongside the window from which the

shots were fired.[C4-175] (See Commission Exhibit No. 2707, p. 142.) It

was not a standard type bag which could be obtained in a store and it

was presumably made for a particular purpose. It was the appropriate

size to contain, in disassembled form, Oswald’s Mannlicher-Carcano

rifle, serial No. C2766, which was also found on the sixth

floor.[C4-176] Three cartons had been placed at the window apparently

to act as a gun rest and a fourth carton was placed behind those at the

window.[C4-177] (See Commission Exhibit No. 1301, p. 138.) A person

seated on the fourth carton could assemble the rifle without being seen

from the rest of the sixth floor because the cartons stacked around the

southeast corner would shield him.[C4-178] (See Commission Exhibit No.

723, p. 80.) The presence of the bag in this corner is cogent evidence

that it was used as the container for the rifle. At the time the bag

was found, Lieutenant Day of the Dallas police wrote on it, “Found next

to the sixth floor window gun fired from. May have been used to carry

gun. Lt. J. C. Day.”[C4-179]

Scientific Evidence Linking Rifle and Oswald to Paper Bag

_Oswald’s fingerprint and palmprint found on bag._--Using a standard

chemical method involving silver nitrates[C4-180] the FBI Laboratory

developed a latent palmprint and latent fingerprint on the bag.

(See app. X, p. 565.) Sebastian F. Latona, supervisor of the FBI’s

Latent Fingerprint Section, identified these prints as the left index

fingerprint and right palmprint of Lee Harvey Oswald.[C4-181] The

portion of the palm which was identified was the heel of the right

palm, i.e., the area near the wrist, on the little finger side.[C4-182]

These prints were examined independently by Ronald G. Wittmus of the

FBI,[C4-183] and by Arthur Mandella, a fingerprint expert with the New

York City Police Department.[C4-184] Both concluded that the prints

were the right palm and left index finger of Lee Oswald. No other

identifiable prints were found on the bag.[C4-185]

Oswald’s palmprint on the bottom of the paper bag indicated, of course,

that he had handled the bag. Furthermore, it was consistent with the

bag having contained a heavy or bulky object when he handled it since a

light object is usually held by the fingers.[C4-186] The palmprint was

found on the closed end of the bag. It was from Oswald’s right hand, in

which he carried the long package as he walked from Frazier’s car to

the building.[C4-187]

_Materials used to make bag._--On the day of the assassination, the

Dallas police obtained a sample of wrapping paper and tape from the

shipping room of the Depository and forwarded it to the FBI Laboratory

in Washington.[C4-188] James C. Cadigan, a questioned-documents expert

with the Bureau, compared the samples with the paper and tape in the

actual bag. He testified, “In all of the observations and physical

tests that I made I found * * * the bag * * * and the paper sample * *

* were the same.”[C4-189]

Among other tests, the paper and tape were submitted to fiber analysis

and spectrographic examination.[C4-190] In addition the tape was

compared to determine whether the sample tape and the tape on the bag

had been taken from the tape dispensing machine at the Depository.

When asked to explain the similarity of characteristics, Cadigan

stated:[C4-191]

Well, briefly, it would be the thickness of both the paper and

the tape, the color under various lighting conditions of both

the paper and the tape, the width of the tape, the knurled

markings on the surface of the fiber, the texture of the fiber,

the felting pattern * * *

* * * * *

I found that the paper sack found on the sixth floor * * * and

the sample * * * had the same observable characteristics both

under the microscope and all the visual tests that I could

conduct.

* * * * *

The papers I also found were similar in fiber composition,

therefore, in addition to the visual characteristics,

microscopic and UV [ultra violet] characteristics.

Mr. Cadigan concluded that the paper and tape from the bag were

identical in all respects to the sample paper and tape taken from the

Texas School Book Depository shipping room on November 22, 1963.[C4-192]

On December 1, 1963, a replica bag was made from materials found on

that date in the shipping room. This was done as an investigatory aid

since the original bag had been discolored during various laboratory

examinations and could not be used for valid identification by

witnesses.[C4-193] Cadigan found that the paper used to make this

replica sack had different characteristics from the paper in the

original bag.[C4-194] The science of paper analysis enabled him to

distinguish between different rolls of paper even though they were

produced by the same manufacturer.[C4-195]

Since the Depository normally used approximately one roll of paper

every 3 working days,[C4-196] it was not surprising that the replica

sack made on December 1, 1963, had different characteristics from

both the actual bag and the sample taken on November 22. On the other

hand, since two rolls could be made from the same batch of paper, one

cannot estimate when, prior to November 22, Oswald made the paper bag.

However, the complete identity of characteristics between the paper

and tape in the bag found on the sixth floor and the paper and tape

found in the shipping room of the Depository on November 22 enabled

the Commission to conclude that the bag was made from these materials.

The Depository shipping department was on the first floor to which

Oswald had access in the normal performance of his duties filling

orders.[C4-197]

_Fibers in paper bag matched fibers in blanket._--When Paul M.

Stombaugh of the FBI Laboratory examined the paper bag, he found,

on the inside, a single brown delustered viscose fiber and several

light green cotton fibers.[C4-198] The blanket in which the rifle was

stored was composed of brown and green cotton, viscose and woolen

fibers.[C4-199]

The single brown viscose fiber found in the bag matched some

of the brown viscose fibers from the blanket in all observable

characteristics.[C4-200] The green cotton fibers found in the paper

bag matched some of the green cotton fibers in the blanket “in all

observable microscopic characteristics.”[C4-201] Despite these matches,

however, Stombaugh was unable to render an opinion that the fibers

which he found in the bag had probably come from the blanket, because

other types of fibers present in the blanket were not found in the bag.

He concluded:

All I would say here is that it is possible that these fibers

could have come from this blanket, because this blanket is

composed of brown and green woolen fibers, brown and green

delustered viscose fibers, and brown and green cotton fibers. *

* * We found no brown cotton fibers, no green viscose fibers,

and no woolen fibers.

So if I found all of these then I would have been able to say

these fibers probably had come from this blanket. But since I

found so few, then I would say the possibility exists, these

fibers could have come from this blanket.[C4-202]

Stombaugh confirmed that the rifle could have picked up fibers from the

blanket and transferred them to the paper bag.[C4-203] In light of the

other evidence linking Lee Harvey Oswald, the blanket, and the rifle

to the paper bag found on the sixth floor, the Commission considered

Stombaugh’s testimony of probative value in deciding whether Oswald

carried the rifle into the building in the paper bag.

Conclusion

The preponderance of the evidence supports the conclusion that Lee

Harvey Oswald (1) told the curtain rod story to Frazier to explain both

the return to Irving on a Thursday and the obvious bulk of the package

which he intended to bring to work the next day; (2) took paper and

tape from the wrapping bench of the Depository and fashioned a bag

large enough to carry the disassembled rifle; (3) removed the rifle

from the blanket in the Paines’ garage on Thursday evening; (4) carried

the rifle into the Depository Building, concealed in the bag; and, (5)

left the bag alongside the window from which the shots were fired.

OSWALD AT WINDOW

Lee Harvey Oswald was hired on October 15, 1963, by the Texas School

Book Depository as an “order filler.”[C4-204] He worked principally

on the first and sixth floors of the building, gathering books listed

on orders and delivering them to the shipping room on the first

floor.[C4-205] He had ready access to the sixth floor,[C4-206] from

the southeast corner window of which the shots were fired.[C4-207]

The Commission evaluated the physical evidence found near the window

after the assassination and the testimony of eyewitnesses in deciding

whether Lee Harvey Oswald was present at this window at the time of the

assassination.

[Illustration: COMMISSION EXHIBIT NO. 1301

SOUTHEAST CORNER OF SIXTH FLOOR SHOWING ARRANGEMENT OF CARTONS SHORTLY

AFTER SHOTS WERE FIRED.]

[Illustration: COMMISSION EXHIBIT NO. 1302

APPROXIMATE LOCATION OF WRAPPING-PAPER BAG AND LOCATION OF PALM PRINT

ON CARTON NEAR WINDOW IN SOUTHEAST CORNER. (HAND POSITION SHOWN BY

DOTTED LINE ON BOX)]

Palmprints and Fingerprints on Cartons and Paper Bag

Below the southeast corner window on the sixth floor was a large carton

of books measuring approximately 18 by 12 by 14 inches which had been

moved from a stack along the south wall.[C4-208] Atop this carton was

a small carton marked “Rolling Readers,” measuring approximately 13

by 9 by 8 inches.[C4-209] In front of this small carton and resting

partially on the windowsill was another small “Rolling Readers”

carton.[C4-210] These two small cartons had been moved from a stack

about three aisles away.[C4-211] The boxes in the window appeared to

have been arranged as a convenient gun rest.[C4-212] (See Commission

Exhibit No. 1301, p. 138.) Behind these boxes was another carton placed

on the floor on which a man sitting could look southwesterly down Elm

Street over the top of the “Rolling Readers” cartons.[C4-213] Next to

these cartons was the handmade paper bag, previously discussed, on

which appeared the print of the left index finger and right palm of Lee

Harvey Oswald.[C4-214] (See Commission Exhibit No. 1302, p. 139.)

The cartons were forwarded to the FBI in Washington. Sebastian F.

Latona, supervisor of the Latent Fingerprint Section, testified that

20 identifiable fingerprints and 8 palmprints were developed on these

cartons.[C4-215] The carton on the windowsill and the large carton

below the window contained no prints which could be identified as being

those of Lee Harvey Oswald.[C4-216] The other “Rolling Readers” carton,

however, contained a palmprint and a fingerprint which were identified

by Latona as being the left palmprint and right index fingerprint of

Lee Harvey Oswald.[C4-217] (See app. X, p. 566.)

The Commission has considered the possibility that the cartons might

have been moved in connection with the work that was being performed

on the sixth floor on November 22. Depository employees were laying

a new floor at the west end and transferring books from the west to

the east end of the building.[C4-218] The “Rolling Readers” cartons,

however, had not been moved by the floor layers and had apparently been

taken to the window from their regular position for some particular

purpose.[C4-219] The “Rolling Readers” boxes contained, instead of

books, light blocks used as reading aids.[C4-220] They could be easily

adjusted and were still solid enough to serve as a gun rest.

The box on the floor, behind the three near the window, had been

one of these moved by the floor layers from the west wall to near

the east side of the building in preparation for the laying of the

floor.[C4-221] During the afternoon of November 22, Lieutenant Day

of the Dallas police dusted this carton with powder and developed

a palmprint on the top edge of the carton on the side nearest the

window.[C4-222] The position of this palmprint on the carton was

parallel with the long axis of the box, and at right angles with the

short axis; the bottom of the palm rested on the box.[C4-223] Someone

sitting on the box facing the window would have his palm in this

position if he placed his hand alongside his right hip. (See Commission

Exhibit No. 1302, p. 139.) This print which had been cut out of the

box was also forwarded to the FBI and Latona identified it as Oswald’s

right palmprint.[C4-224] In Latona’s opinion “not too long” a time

had elapsed between the time that the print was placed on the carton

and the time that it had been developed by the Dallas police.[C4-225]

Although Bureau experiments had shown that 24 hours was a likely

maximum time, Latona stated that he could only testify with certainty

that the print was less than 3 days old.[C4-226]

The print, therefore, could have been placed on the carton at any time

within this period. The freshness of this print could be estimated

only because the Dallas police developed it through the use of powder.

Since cartons absorb perspiration, powder can successfully develop a

print on such material[C4-227] only within a limited time. When the FBI

in Washington received the cartons, the remaining prints, including

Oswald’s on the Rolling Readers carton, were developed by chemical

processes. The freshness of prints developed in this manner[C4-228]

cannot be estimated, so no conclusions can be drawn as to whether these

remaining prints preceded or followed the print developed in Dallas

by powder. Most of the prints were found to have been placed on the

cartons by an FBI clerk and a Dallas police officer after the cartons

had been processed with powder by the Dallas Police.[C4-229] (See ch.

VI, p. 249; app. X, p. 566.)

In his independent investigation, Arthur Mandella of the New York

City Police Department reached the same conclusion as Latona that the

prints found on the cartons were those of Lee Harvey Oswald.[C4-229]

In addition, Mandella was of the opinion that the print taken from the

carton on the floor was probably made within a day or a day and a half

of the examination on November 22.[C4-230] Moreover, another expert

with the FBI, Ronald G. Wittmus, conducted a separate examination and

also agreed with Latona that the prints were Oswald’s.[C4-231]

In evaluating the significance of these fingerprint and palmprint

identifications, the Commission considered the possibility that Oswald

handled these cartons as part of his normal duties. Since other

identifiable prints were developed on the cartons, the Commission

requested that they be compared with the prints of the 12 warehouse

employees who, like Oswald, might have handled the cartons. They were

also compared with the prints of those law enforcement officials who

might have handled the cartons. The results of this investigation are

fully discussed in chapter VI, page 249. Although a person could handle

a carton and not leave identifiable prints, none of these employees

except Oswald left identifiable prints on the cartons.[C4-232] This

finding, in addition to the freshness of one of the prints and the

presence of Oswald’s prints on two of the four cartons and the

paper bag led the Commission to attach some probative value to the

fingerprint and palmprint identifications in reaching the conclusion

that Oswald was at the window from which the shots were fired, although

the prints do not establish the exact time he was there.

[Illustration: COMMISSION EXHIBIT NO. 2707

SIXTH FLOOR, TEXAS SCHOOL BOOK DEPOSITORY DALLAS, TEXAS]

Oswald’s Presence on Sixth Floor Approximately 35 Minutes Before the

Assassination

Additional testimony linking Oswald with the point from which the

shots were fired was provided by the testimony of Charles Givens, who

was the last known employee to see Oswald inside the building prior

to the assassination. During the morning of November 22, Givens was

working with the floor-laying crew in the southwest section of the

sixth floor.[C4-233] At about 11:45 a.m. the floor-laying crew used

both elevators to come down from the sixth floor. The employees raced

the elevators to the first floor.[C4-234] Givens saw Oswald standing

at the gate on the fifth floor as the elevator went by.[C4-235] Givens

testified that after reaching the first floor, “I discovered I left

my cigarettes in my jacket pocket upstairs, and I took the elevator

back upstairs to get my jacket with my cigarettes in it.”[C4-236] He

saw Oswald, a clipboard in hand, walking from the southeast corner

of the sixth floor toward the elevator.[C4-237] (See Commission

Exhibit No. 2707, p. 142.) Givens said to Oswald, “Boy are you going

downstairs? * * * It’s near lunch time.” Oswald said, “No, sir. When

you get downstairs, close the gate to the elevator.”[C4-238] Oswald was

referring to the west elevator which operates by pushbutton and only

with the gate closed.[C4-239] Givens said, “Okay,” and rode down in the

east elevator. When he reached the first floor, the west elevator--the

one with the gate--was not there. Givens thought this was about 11:55

a.m.[C4-240] None of the Depository employees is known to have seen

Oswald again until after the shooting.[C4-241]

The significance of Givens’ observation that Oswald was carrying his

clipboard became apparent on December 2, 1963, when an employee,

Frankie Kaiser, found a clipboard hidden by book cartons in the

northwest corner of the sixth floor at the west wall a few feet from

where the rifle had been found.[C4-242] This clipboard had been made

by Kaiser and had his name on it.[C4-243] Kaiser identified it as the

clipboard which Oswald had appropriated from him when Oswald came to

work at the Depository.[C4-244] Three invoices on this clipboard,

each dated November 22, were for Scott-Foresman books, located on the

first and sixth floors.[C4-245] Oswald had not filled any of the three

orders.[C4-246]

Eyewitness Identification of Assassin

Howard L. Brennan was an eyewitness to the shooting. As indicated

previously the Commission considered his testimony as probative in

reaching the conclusion that the shots came from the sixth floor,

southeast corner window of the Depository Building.[C4-247] (See ch.

III, pp. 61-68.) Brennan also testified that Lee Harvey Oswald, whom

he viewed in a police lineup on the night of the assassination, was

the man he saw fire the shots from the sixth-floor window of the

Depository Building.[C4-248] When the shots were fired, Brennan was in

an excellent position to observe anyone in the window. He was sitting

on a concrete wall on the southwest corner of Elm and Houston Streets,

looking north at the Depository Building which was directly in front of

him.[C4-249] The window was approximately 120 feet away.[C4-250](See

Commission Exhibit No. 477, p. 62.)

In the 6- to 8-minute period before the motorcade arrived,[C4-251]

Brennan saw a man leave and return to the window “a couple of

times.”[C4-252] After hearing the first shot, which he thought was a

motorcycle backfire, Brennan glanced up at the window. He testified

that “this man I saw previously was aiming for his last shot * * *

as it appeared to me he was standing up and resting against the left

window sill * * *.”[C4-253]

Brennan saw the man fire the last shot and disappear from the window.

Within minutes of the assassination, Brennan described the man to the

police.[C4-254] This description most probably led to the radio alert

sent to police cars at approximately 12:45 p.m., which described the

suspect as white, slender, weighing about 165 pounds, about 5’10” tall,

and in his early thirties.[C4-255] In his sworn statement to the police

later that day, Brennan described the man in similar terms, except

that he gave the weight as between 165 and 175 pounds and the height

was omitted.[C4-256] In his testimony before the Commission, Brennan

described the person he saw as “* * * a man in his early thirties,

fair complexion, slender, but neat, neat slender, possible 5 foot 10 *

* * 160 to 170 pounds.”[C4-257] Oswald was 5’9”, slender and 24 years

old. When arrested, he gave his weight as 140 pounds.[C4-258] On other

occasions he gave weights of both 140 and 150 pounds.[C4-259] The New

Orleans police records of his arrest in August of 1963 show a weight of

136 pounds.[C4-260] The autopsy report indicated an estimated weight of

150 pounds.[C4-261]

Brennan’s description should also be compared with the eyewitness

description broadcast over the Dallas police radio at 1:22 p.m. of the

man who shot Patrolman J. D. Tippit. The suspect was described as “a

white male about 30, 5’8”, black hair, slender. * * *”[C4-262] At 1:29

p.m. the police radio reported that the description of the suspect in

the Tippit shooting was similar to the description which had been given

by Brennan in connection with the assassination.[C4-263] Approximately

7 or 8 minutes later the police radio reported that “an eyeball

witness” described the suspect in the Tippit shooting as “a white male,

27, 5’11”, 165 pounds, black wavy hair.”[C4-264] As will be discussed

fully below, the Commission has concluded that this suspect was Lee

Harvey Oswald.

Although Brennan testified that the man in the window was standing

when he fired the shots,[C4-265] most probably he was either sitting

or kneeling. The half-open window,[C4-266] the arrangement of the

boxes,[C4-267] and the angle of the shots virtually preclude a standing

position.[C4-268] It is understandable, however, for Brennan to have

believed that the man with the rifle was standing. A photograph

of the building taken seconds after the assassination shows three

employees looking out of the fifth-floor window directly below the

window from which the shots were fired. Brennan testified that

they were standing,[C4-269] which is their apparent position in the

photograph.[C4-270] (See Dillard Exhibits Nos. C and D. pp. 66-67.) But

the testimony of these employees,[C4-271] together with photographs

subsequently taken of them at the scene of the assassination,[C4-272]

establishes that they were either squatting or kneeling. (See

Commission Exhibit No. 485, p. 69.) Since the window ledges in the

Depository Building are lower than in most buildings,[C4-273] a person

squatting or kneeling exposes more of his body than would normally be

the case. From the street, this creates the impression that the person

is standing. Brennan could have seen enough of the body of a kneeling

or squatting person to estimate his height.

Shortly after the assassination Brennan noticed two of these employees

leaving the building and immediately identified them as having been

in the fifth-floor windows.[C4-274] When the three employees appeared

before the Commission, Brennan identified the two whom he saw leave the

building.[C4-275] The two men, Harold Norman and James Jarman, Jr.,

each confirmed that when they came out of the building, they saw and

heard Brennan describing what he had seen.[C4-276] Norman stated, “*

* * I remember him talking and I believe I remember seeing him saying

that he saw us when we first went up to the fifth-floor window, he saw

us then.”[C4-277] Jarman heard Brennan “talking to this officer about

that he had heard these shots and he had seen the barrel of the gun

sticking out the window, and he said that the shots came from inside

the building.”[C4-278]

During the evening of November 22, Brennan identified Oswald as

the person in the lineup who bore the closest resemblance to the

man in the window but he said he was unable to make a positive

identification.[C4-279] Prior to the lineup, Brennan had seen Oswald’s

picture on television and he told the Commission that whether this

affected his identification “is something I do not know.”[C4-280] In

an interview with FBI agents on December 17, 1963, Brennan stated

that he was sure that the person firing the rifle was Oswald.[C4-281]

In another interview with FBI agents on January 7, 1964, Brennan

appeared to revert to his earlier inability to make a positive

identification,[C4-282] but, in his testimony before the Commission,

Brennan stated that his remarks of January 7 were intended by him

merely as an accurate report of what he said on November 22.[C4-283]

Brennan told the Commission that he could have made a positive

identification in the lineup on November 22 but did not do so because

he felt that the assassination was “a Communist activity, and I felt

like there hadn’t been more than one eyewitness, and if it got to be a

known fact that I was an eyewitness, my family or I, either one, might

not be safe.”[C4-284] When specifically asked before the Commission

whether or not he could positively identify the man he saw in the

sixth-floor window as the same man he saw in the police station,

Brennan stated, “I could at that time--I could, with all sincerity,

identify him as being the same man.”[C4-285]

Although the record indicates that Brennan was an accurate observer,

he declined to make a positive identification of Oswald when he first

saw him in the police lineup.[C4-286] The Commission, therefore, does

not base its conclusion concerning the identity of the assassin on

Brennan’s subsequent certain identification of Lee Harvey Oswald as

the man he saw fire the rifle. Immediately after the assassination,

however, Brennan described to the police the man he saw in the window

and then identified Oswald as the person who most nearly resembled the

man he saw. The Commission is satisfied that, at the least, Brennan saw

a man in the window who closely resembled Lee Harvey Oswald, and that

Brennan believes the man he saw was in fact Lee Harvey Oswald.

Two other witnesses were able to offer partial descriptions of a

man they saw in the southeast corner window of the sixth floor

approximately 1 minute before the assassination, although neither

witness saw the shots being fired.[C4-287] Ronald Fischer and Robert

Edwards were standing on the curb at the southwest corner of Elm and

Houston Streets,[C4-288] the same corner where Brennan was sitting on

a concrete wall.[C4-289] Fischer testified that about 10 or 15 seconds

before the motorcade turned onto Houston Street from Main Street,

Edwards said, “Look at that guy there in that window.”[C4-290]

Fischer looked up and watched the man in the window for 10 or 15

seconds and then started watching the motorcade, which came into view

on Houston Street.[C4-291] He said that the man held his attention

until the motorcade came because the man:

* * * appeared uncomfortable for one, and secondly, he wasn’t

watching * * * he didn’t look like he was watching for the

parade. He looked like he was looking down toward the Trinity

River and the Triple Underpass down at the end--toward the end

of Elm Street. And * * * all the time I watched him, he never

moved his head, he never--he never moved anything. Just was

there transfixed.[C4-292]

Fischer placed the man in the easternmost window on the south side of

the Depository Building on either the fifth or the sixth floor.[C4-293]

He said that he could see the man from the middle of his chest to the

top of his head, and that as he was facing the window the man was in

the lower right-hand portion of the window and “seemed to be sitting

a little forward.”[C4-294] The man was dressed in a light-colored,

open-neck shirt which could have been either a sports shirt or a

T-shirt, and he had brown hair, a slender face and neck with light

complexion, and looked to be 22 or 24 years old.[C4-295] The person

in the window was a white man and “looked to me like he was looking

straight at the Triple Underpass” down Elm Street.[C4-296] Boxes and

cases were stacked behind him.[C4-297]

Approximately 1 week after the assassination, according to Fischer,

policemen showed him a picture of Oswald.[C4-298] In his testimony

he said, “I told them that that could have been the man. * * * That

that could have been the man that I saw in the window in the School

Book Depository Building, but that I was not sure.”[C4-299] Fischer

described the man’s hair as some shade of brown--“it wasn’t dark and it

wasn’t light.”[C4-300] On November 22, Fischer had apparently described

the man as “light-headed.”[C4-301] Fischer explained that he did not

mean by the earlier statement that the man was blond, but rather that

his hair was not black.[C4-302]

Robert Edwards said that, while looking at the south side of the

Depository Building shortly before the motorcade, he saw nothing of

importance “except maybe one individual who was up there in the corner

room of the sixth floor which was crowded in among boxes.”[C4-303] He

said that this was a white man about average in size, “possibly thin,”

and that he thought the man had light-brown hair.[C4-304] Fischer and

Edwards did not see the man clearly enough or long enough to identify

him. Their testimony is of probative value, however, because their

limited description is consistent with that of the man who has been

found by the Commission, based on other evidence, to have fired the

shots from the window.

Another person who saw the assassin as the shots were fired was Amos L.

Euins, age 15, who was one of the first witnesses to alert the police

to the Depository as the source of the shots, as has been discussed in

chapter III.[C4-305] Euins, who was on the southwest corner of Elm and

Houston Streets,[C4-306] testified that he could not describe the man

he saw in the window. According to Euins, however, as the man lowered

his head in order to aim the rifle down Elm Street, he appeared to have

a white bald spot on his head.[C4-307] Shortly after the assassination,

Euins signed an affidavit describing the man as “white,”[C4-308] but

a radio reporter testified that Euins described the man to him as

“colored.”[C4-309] In his Commission testimony, Euins stated that

he could not ascertain the man’s race and that the statement in the

affidavit was intended to refer only to the white spot on the man’s

head and not to his race.[C4-310] A Secret Service agent who spoke to

Euins approximately 20 to 30 minutes after the assassination confirmed

that Euins could neither describe the man in the window nor indicate

his race.[C4-311] Accordingly, Euins’ testimony is considered probative

as to the source of the shots but is inconclusive as to the identity of

the man in the window.

In evaluating the evidence that Oswald was at the southeast corner

window of the sixth floor at the time of the shooting, the Commission

has considered the allegation that Oswald was photographed standing in

front of the building when the shots were fired. The picture which gave

rise to these allegations was taken by Associated Press Photographer

James W. Altgens, who was standing on the south side of Elm Street

between the Triple Underpass and the Depository Building.[C4-312] As

the motorcade started its descent down Elm Street, Altgens snapped

a picture of the Presidential limousine with the entrance to the

Depository Building in the background.[C4-313] Just before snapping

the picture Altgens heard a noise which sounded like the popping of

a firecracker. Investigation has established that Altgens’ picture

was taken approximately 2 seconds after the firing of the shot which

entered the back of the President’s neck.[C4-314]

[Illustration: COMMISSION EXHIBIT NO. 1061

TEXAS SCHOOL BOOK DEPOSITORY DIAGRAM OF FIRST FLOOR]

In the background of this picture were several employees watching

the parade from the steps of the Depository Building. One of these

employees was alleged to resemble Lee Harvey Oswald.[C4-315] The

Commission has determined that the employee was in fact Billy

Nolan Lovelady, who identified himself in the picture.[C4-316]

Standing alongside him were Buell Wesley Frazier[C4-317] and William

Shelley,[C4-318] who also identified Lovelady. The Commission is

satisfied that Oswald does not appear in this photograph. (See

Commission Exhibit No. 900, p. 113.)

Oswald’s Actions in Building After Assassination

In considering whether Oswald was at the southeast corner window at the

time the shots were fired, the Commission has reviewed the testimony

of witnesses who saw Oswald in the building within minutes after the

assassination. The Commission has found that Oswald’s movements, as

described by these witnesses, are consistent with his having been at

the window at 12:30 p.m.

_The encounter in the lunchroom._--The first person to see Oswald

after the assassination was Patrolman M. L. Baker of the Dallas Police

Department. Baker was riding a two-wheeled motorcycle behind the last

press car of the motorcade.[C4-319] As he turned the corner from Main

onto Houston at a speed of about 5 to 10 miles per hour,[C4-320] a

strong wind blowing from the north almost unseated him.[C4-321] At

about this time he heard the first shot.[C4-322] Having recently

heard the sounds of rifles while on a hunting trip, Baker recognized

the shots as that of a high-powered rifle; “it sounded high and I

immediately kind of looked up, and I had a feeling that it came from

the building, either right in front of me [the Depository Building]

or of the one across to the right of it.”[C4-323] He saw pigeons

flutter upward. He was not certain, “but I am pretty sure they came

from the building right on the northwest corner.”[C4-324] He heard two

more shots spaced “pretty well even to me.”[C4-325] After the third

shot, he “revved that motorcycle up,” drove to the northwest corner

of Elm and Houston, and parked approximately 10 feet from the traffic

signal.[C4-326] As he was parking he noted that people were “falling,

and they were rolling around down there * * * grabbing their children”

and rushing about.[C4-327] A woman screamed, “Oh, they have shot that

man, they have shot that man.”[C4-328] Baker “had it in mind that the

shots came from the top of this building here,” so he ran straight to

the entrance of the Depository Building.[C4-329]

Baker testified that he entered the lobby of the building and “spoke

out and asked where the stairs or elevator was * * * and this man,

Mr. Truly, spoke up and says, it seems to me like he says, ‘I am a

building manager. Follow me, officer, and I will show you.’”[C4-330]

Baker and building superintendent Roy Truly went through a second set

of doors[C4-331] and stopped at a swinging door where Baker bumped into

Truly’s back.[C4-332] They went through the swinging door and continued

at “a good trot” to the northwest corner of the floor where Truly hoped

to find one of the two freight elevators. (See Commission Exhibit No.

1061, p. 148.) Neither elevator was there.[C4-333] Truly pushed the

button for the west elevator which operates automatically if the gate

is closed.[C4-334] He shouted twice, “Turn loose the elevator.”[C4-335]

When the elevator failed to come, Baker said, “let’s take the stairs,”

and he followed Truly up the stairway, which is to the west of the

elevator.[C4-336]

[Illustration: COMMISSION EXHIBIT NO. 1118

TEXAS SCHOOL BOOK DEPOSITORY DIAGRAM OF SECOND FLOOR SHOWING ROUTE OF

OSWALD]

The stairway is located in the northwest corner of the Depository

Building. The stairs from one floor to the next are “=L=-shaped,”

with both legs of the “=L=” approximately the same length. Because

the stairway itself is enclosed, neither Baker nor Truly could see

anything on the second-floor hallway until they reached the landing at

the top of the stairs.[C4-337] On the second-floor landing there is a

small open area with a door at the east end. This door leads into a

small vestibule, and another door leads from the vestibule into the

second-floor lunchroom.[C4-338] (See Commission Exhibit No. 1118, p.

150.) The lunchroom door is usually open, but the first door is kept

shut by a closing mechanism on the door.[C4-339] This vestibule door

is solid except for a small glass window in the upper part of the

door.[C4-340] As Baker reached the second floor, he was about 20 feet

from the vestibule door.[C4-341] He intended to continue around to his

left toward the stairway going up but through the window in the door he

caught a fleeting glimpse of a man walking in the vestibule toward the

lunchroom.[C4-342]

Since the vestibule door is only a few feet from the lunchroom

door,[C4-343] the man must have entered the vestibule only a second

or two before Baker arrived at the top of the stairwell. Yet he must

have entered the vestibule door before Truly reached the top of the

stairwell, since Truly did not see him.[C4-344] If the man had passed

from the vestibule into the lunchroom, Baker could not have seen him.

Baker said:

He [Truly] had already started around the bend to come to the

next elevator going up, I was coming out this one on the second

floor, and I don’t know, I was kind of sweeping this area as I

come up, I was looking from right to left and as I got to this

door here I caught a glimpse of this man, just, you know, a

sudden glimpse * * * and it looked to me like he was going away

from me. * * *

I can’t say whether he had gone on through that door [the

lunchroom door] or not. All I did was catch a glance at him,

and evidently he was--this door might have been, you know,

closing and almost shut at that time.[C4-345]

With his revolver drawn, Baker opened the vestibule door and ran into

the vestibule. He saw a man walking away from him in the lunchroom.

Baker stopped at the door of the lunchroom and commanded, “Come

here.”[C4-346] The man turned and walked back toward Baker.[C4-347] He

had been proceeding toward the rear of the lunchroom.[C4-348] Along a

side wall of the lunchroom was a soft drink vending machine,[C4-349]

but at that time the man had nothing in his hands.[C4-350]

Meanwhile, Truly had run up several steps toward the third floor.

Missing Baker, he came back to find the officer in the doorway to the

lunchroom “facing Lee Harvey Oswald.”[C4-351] Baker turned to Truly

and said, “Do you know this man, does he work here?”[C4-352] Truly

replied, “Yes.”[C4-353] Baker stated later that the man did not seem to

be out of breath; he seemed calm. “He never did say a word or nothing.

In fact, he didn’t change his expression one bit.”[C4-354] Truly said

of Oswald: “He didn’t seem to be excited or overly afraid or anything.

He might have been a bit startled, like I might have been if somebody

confronted me. But I cannot recall any change in expression of any kind

on his face.”[C4-355] Truly thought that the officer’s gun at that time

appeared to be almost touching the middle portion of Oswald’s body.

Truly also noted at this time that Oswald’s hands were empty.[C4-356]

In an effort to determine whether Oswald could have descended to the

lunchroom from the sixth floor by the time Baker and Truly arrived,

Commission counsel asked Baker and Truly to repeat their movements from

the time of the shot until Baker came upon Oswald in the lunchroom.

Baker placed himself on a motorcycle about 200 feet from the corner

of Elm and Houston Streets where he said he heard the shots.[C4-357]

Truly stood in front of the building.[C4-358] At a given signal, they

reenacted the event. Baker’s movements were timed with a stopwatch. On

the first test, the elapsed time between the simulated first shot and

Baker’s arrival on the second-floor stair landing was 1 minute and 30

seconds. The second test run required 1 minute and 15 seconds.[C4-359]

A test was also conducted to determine the time required to walk from

the southeast corner of the sixth floor to the second-floor lunchroom

by stairway. Special Agent John Howlett of the Secret Service carried

a rifle from the southeast corner of the sixth floor along the east

aisle to the northeast corner. He placed the rifle on the floor near

the site where Oswald’s rifle was actually found after the shooting.

Then Howlett walked down the stairway to the second-floor landing and

entered the lunchroom. The first test, run at normal walking pace,

required 1 minute, 18 seconds;[C4-360] the second test, at a “fast

walk” took 1 minute, 14 seconds.[C4-361] The second test followed

immediately after the first. The only interval was the time necessary

to ride in the elevator from the second to the sixth floor and walk

back to the southeast corner. Howlett was not short winded at the end

of either test run.[C4-362]

The minimum time required by Baker to park his motorcycle and reach

the second-floor lunchroom was within 3 seconds of the time needed to

walk from the southeast corner of the sixth floor down the stairway to

the lunchroom. The time actually required for Baker and Truly to reach

the second floor on November 22 was probably longer than in the test

runs. For example, Baker required 15 seconds after the simulated shot

to ride his motorcycle 180 to 200 feet, park it, and run 45 feet to the

building.[C4-363] No allowance was made for the special conditions

which existed on the day of the assassination--possible delayed

reaction to the shot, jostling with the crowd of people on the steps

and scanning the area along Elm Street and the parkway.[C4-364] Baker

said, “We simulated the shots and by the time we got there, we did

everything that I did that day, and this would be the minimum, because

I am sure that I, you know, it took me a little longer.”[C4-365] On

the basis of this time test, therefore, the Commission concluded that

Oswald could have fired the shots and still have been present in the

second-floor lunchroom when seen by Baker and Truly.

That Oswald descended by stairway from the sixth floor to the

second-floor lunchroom is consistent with the movements of the two

elevators, which would have provided the other possible means of

descent. When Truly, accompanied by Baker, ran to the rear of the

first floor, he was certain that both elevators, which occupy the same

shaft,[C4-366] were on the fifth floor.[C4-367] Baker, not realizing

that there were two elevators, thought that only one elevator was

in the shaft and that it was two or three floors above the second

floor.[C4-368] In the few seconds which elapsed while Baker and Truly

ran from the first to the second floor, neither of these slow elevators

could have descended from the fifth to the second floor. Furthermore,

no elevator was at the second floor when they arrived there.[C4-369]

Truly and Baker continued up the stairs after the encounter with Oswald

in the lunchroom. There was no elevator on the third or fourth floor.

The east elevator was on the fifth floor when they arrived; the west

elevator was not. They took the east elevator to the seventh floor

and ran up a stairway to the roof where they searched for several

minutes.[C4-370]

Jack Dougherty, an employee working on the fifth floor, testified

that he took the west elevator to the first floor after hearing a

noise which sounded like a backfire.[C4-371] Eddie Piper, the janitor,

told Dougherty that the President had been shot,[C4-372] but in his

testimony Piper did not mention either seeing or talking with Dougherty

during these moments of excitement.[C4-373] Both Dougherty and Piper

were confused witnesses. They had no exact memory of the events of that

afternoon. Truly was probably correct in stating that the west elevator

was on the fifth floor when he looked up the elevator shaft from the

first floor. The west elevator was not on the fifth floor when Baker

and Truly reached that floor, probably because Jack Dougherty took it

to the first floor while Baker and Truly were running up the stairs or

in the lunchroom with Oswald. Neither elevator could have been used by

Oswald as a means of descent.

Oswald’s use of the stairway is consistent with the testimony of other

employees in the building. Three employees--James Jarman, Jr., Harold

Norman, and Bonnie Ray Williams--were watching the parade from the

fifth floor, directly below the window from which the shots were fired.

They rushed to the west windows after the shots were fired and remained

there until after they saw Patrolman Baker’s white helmet on the fifth

floor moving toward the elevator.[C4-374] While they were at the west

windows their view of the stairwell was completely blocked by shelves

and boxes.[C4-375] This is the period during which Oswald would have

descended the stairs. In all likelihood Dougherty took the elevator

down from the fifth floor after Jarman, Norman, and Williams ran to the

west windows and were deciding what to do. None of these three men saw

Dougherty, probably because of the anxiety of the moment and because

of the books which may have blocked the view.[C4-376] Neither Jarman,

Norman, Williams, or Dougherty saw Oswald.[C4-377]

Victoria Adams, who worked on the fourth floor of the Depository

Building, claimed that within about 1 minute following the shots she

ran from a window on the south side of the fourth floor,[C4-378]

down the rear stairs to the first floor, where she encountered two

Depository employees--William Shelley and Billy Lovelady.[C4-379] If

her estimate of time is correct, she reached the bottom of the stairs

before Truly and Baker started up, and she must have run down the

stairs ahead of Oswald and would probably have seen or heard him.

Actually she noticed no one on the back stairs. If she descended from

the fourth to the first floor as fast as she claimed in her testimony,

she would have seen Baker or Truly on the first floor or on the stairs,

unless they were already in the second-floor lunchroom talking to

Oswald. When she reached the first floor, she actually saw Shelley and

Lovelady slightly east of the east elevator.

Shelley and Lovelady, however, have testified that they were watching

the parade from the top step of the building entrance when Gloria

Calverly, who works in the Depository Building, ran up and said that

the President had been shot.[C4-380] Lovelady and Shelley moved

out into the street.[C4-381] About this time Shelley saw Truly and

Patrolman Baker go into the building.[C4-382] Shelley and Lovelady, at

a fast walk or trot, turned west into the railroad yards and then to

the west side of the Depository Building. They reentered the building

by the rear door several minutes after Baker and Truly rushed through

the front entrance.[C4-383] On entering, Lovelady saw a girl on the

first floor who he believes was Victoria Adams.[C4-384] If Miss Adams

accurately recalled meeting Shelley and Lovelady when she reached the

bottom of the stairs, then her estimate of the time when she descended

from the fourth floor is incorrect, and she actually came down the

stairs several minutes after Oswald and after Truly and Baker as well.

_Oswald’s departure from building._--Within a minute after Baker

and Truly left Oswald in the lunchroom, Mrs. R. A. Reid, clerical

supervisor for the Texas School Book Depository, saw him walk through

the clerical office on the second floor toward the door leading to the

front stairway. Mrs. Reid had watched the parade from the sidewalk in

front of the building with Truly and Mr. O. V. Campbell, vice president

of the Depository.[C4-385] She testified that she heard three shots

which she thought came from the building.[C4-386] She ran inside and

up the front stairs into the large open office reserved for clerical

employees. As she approached her desk, she saw Oswald.[C4-387] He

was walking into the office from the back hallway, carrying a full

bottle of Coca-Cola in his hand,[C4-388] presumably purchased after

the encounter with Baker and Truly. As Oswald passed Mrs. Reid she

said, “Oh, the President has been shot, but maybe they didn’t hit

him.”[C4-389] Oswald mumbled something and walked by.[C4-390] She

paid no more attention to him. The only exit from the office in

the direction Oswald was moving was through the door to the front

stairway.[C4-391] (See Commission Exhibit 1118, p. 150.) Mrs. Reid

testified that when she saw Oswald, he was wearing a T-shirt and no

jacket.[C4-392] When he left home that morning, Marina Oswald, who

was still in bed, suggested that he wear a jacket.[C4-393] A blue

jacket, later identified by Marina Oswald as her husband’s,[C4-394] was

subsequently found in the building,[C4-395] apparently left behind by

Oswald.

Mrs. Reid believes that she returned to her desk from the street about

2 minutes after the shooting.[C4-396] Reconstructing her movements,

Mrs. Reid ran the distance three times and was timed in 2 minutes by

stopwatch.[C4-397] The reconstruction was the minimum time.[C4-398]

Accordingly, she probably met Oswald at about 12:32, approximately

30-45 seconds after Oswald’s lunchroom encounter with Baker and Truly.

After leaving Mrs. Reid in the front office, Oswald could have gone

down the stairs and out the front door by 12:33 p.m.[C4-399]--3 minutes

after the shooting. At that time the building had not yet been sealed

off by the police.

While it was difficult to determine exactly when the police sealed off

the building, the earliest estimates would still have permitted Oswald

to leave the building by 12:33. One of the police officers assigned to

the corner of Elm and Houston Streets for the Presidential motorcade,

W.E. Barnett, testified that immediately after the shots he went to

the rear of the building to check the fire escape. He then returned to

the corner of Elm and Houston where he met a sergeant who instructed

him to find out the name of the building. Barnett ran to the building,

noted its name, and then returned to the corner.[C4-400] There he was

met by a construction worker--in all likelihood Howard Brennan, who

was wearing his work helmet.[C4-401] This worker told Barnett that

the shots had been fired from a window in the Depository Building,

whereupon Barnett posted himself at the front door to make certain that

no one left the building. The sergeant did the same thing at the rear

of the building.[C4-402] Barnett estimated that approximately 3 minutes

elapsed between the time he heard the last of the shots and the time

he started guarding the front door. According to Barnett, “there were

people going in and out” during this period.[C4-403]

Sgt. D. V. Harkness of the Dallas police said that to his knowledge

the building was not sealed off at 12:36 p.m. when he called in on

police radio that a witness (Amos Euins) had seen shots fired from a

window of the building.[C4-404] At that time, Inspector Herbert V.

Sawyer’s car was parked in front of the building.[C4-405] Harkness did

not know whether or not two officers with Sawyer were guarding the

doors.[C4-406] At 12:34 p.m. Sawyer heard a call over the police radio

that the shots had come from the Depository Building.[C4-407] He then

entered the building and took the front passenger elevator as far as

it would go--the fourth floor.[C4-408] After inspecting this floor,

Sawyer returned to the street about 3 minutes after he entered the

building.[C4-409] After he returned to the street he directed Sergeant

Harkness to station two patrolmen at the front door and not let anyone

in or out; he also directed that the back door be sealed off.[C4-410]

This was no earlier than 12:37 p.m.[C4-411] and may have been later.

Special Agent Forrest V. Sorrels of the Secret Service, who had been

in the motorcade, testified that after driving to Parkland Hospital,

he returned to the Depository Building about 20 minutes after the

shooting, found no police officers at the rear door and was able to

enter through this door without identifying himself.[C4-412]

Although Oswald probably left the building at about 12:33 p.m., his

absence was not noticed until at least one-half hour later. Truly,

who had returned with Patrolman Baker from the roof, saw the police

questioning the warehouse employees. Approximately 15 men worked in the

warehouse[C4-413] and Truly noticed that Oswald was not among those

being questioned.[C4-414] Satisfying himself that Oswald was missing,

Truly obtained Oswald’s address, phone number, and description from

his employment application card. The address listed was for the Paine

home in Irving. Truly gave this information to Captain Fritz who was on

the sixth floor at the time[C4-415]. Truly estimated that he gave this

information to Fritz about 15 or 20 minutes after the shots,[C4-416]

but it was probably no earlier than 1:22 p.m., the time when the rifle

was found. Fritz believed that he learned of Oswald’s absence after

the rifle was found.[C4-417] The fact that Truly found Fritz in the

northwest corner of the floor, near the point where the rifle was

found, supports Fritz’ recollection.

Conclusion

Fingerprint and palmprint evidence establishes that Oswald handled

two of the four cartons next to the window and also handled a paper

bag which was found near the cartons. Oswald was seen in the vicinity

of the southeast corner of the sixth floor approximately 35 minutes

before the assassination and no one could be found who saw Oswald

anywhere else in the building until after the shooting. An eyewitness

to the shooting immediately provided a description of the man in the

window which was similar to Oswald’s actual appearance. This witness

identified Oswald in a lineup as the man most nearly resembling the man

he saw and later identified Oswald as the man he observed. Oswald’s

known actions in the building immediately after the assassination are

consistent with his having been at the southeast corner window of the

sixth floor at 12:30 p.m. On the basis of these findings the Commission

has concluded that Oswald, at the time of the assassination, was

present at the window from which the shots were fired.

THE KILLING OF PATROLMAN J. D. TIPPIT

After leaving the Depository Building at approximately 12:33 p.m.,

Lee Harvey Oswald proceeded to his roominghouse by bus and taxi. He

arrived at approximately 1 p.m. and left a few minutes later. At about

1:16 p.m., a Dallas police officer, J. D. Tippit, was shot less than

1 mile from Oswald’s roominghouse. In deciding whether Oswald killed

Patrolman Tippit the Commission considered the following: (1) positive

identification of the killer by two eyewitnesses who saw the shooting

and seven eyewitnesses who heard the shots and saw the gunman flee

the scene with the revolver in his hand, (2) testimony of firearms

identification experts establishing the identity of the murder weapon,

(3) evidence establishing the ownership of the murder weapon, (4)

evidence establishing the ownership of a zipper jacket found along the

path of flight taken by the gunman from the scene of the shooting to

the place of arrest.

Oswald’s Movements After Leaving Depository Building

_The bus ride._--According to the reconstruction of time and events

which the Commission found most credible, Lee Harvey Oswald left the

building approximately 3 minutes after the assassination. He probably

walked east on Elm Street for seven blocks to the corner of Elm and

Murphy where he boarded a bus which was heading back in the direction

of the Depository Building, on its way to the Oak Cliff section of

Dallas. (See Commission Exhibit 1119-A, p. 158.)

When Oswald was apprehended, a bus transfer marked for the

Lakewood-Marsalis route was found in his shirt pocket.[C4-418] The

transfer was dated “Fri. Nov. 22, ’63” and was punched in two places by

the busdriver. On the basis of this punchmark, which was distinctive

to each Dallas driver, the transfer was conclusively identified as

having been issued by Cecil J. McWatters, a busdriver for the Dallas

Transit Co.[C4-419] On the basis of the date and time on the transfer,

McWatters was able to testify that the transfer had been issued by him

on a trip which passed a check point at St. Paul and Elm Streets at

12:36 p.m., November 22, 1963.[C4-420]

McWatters was sure that he left the checkpoint on time and he

estimated that it took him 3 to 4 minutes to drive three blocks west

from the checkpoint to Field Street, which he reached at about 12:40

p.m.[C4-421] McWatters’ recollection is that he issued this transfer to

a man who entered his bus just beyond Field Street, where a man beat on

the front door of the bus, boarded it and paid his fare.[C4-422] About

two blocks later, a woman asked to get off to make a 1 o’clock train at

Union Station and requested a transfer which she might use if she got

through the traffic.

* * * So I gave her a transfer and opened the door and she was

going out the gentleman I had picked up about two blocks [back]

asked for a transfer and got off at the same place in the

middle of the block where the lady did.

* * * It was the intersection near Lamar Street, it was near

Poydras and Lamar Street.[C4-423]

[Illustration: COMMISSION EXHIBIT NO. 1119-A

WHEREABOUTS OF

LEE HARVEY OSWALD

between

12:33 P.M. and 1:50 P.M.

November 22, 1963

(ALL TIMES ARE APPROXIMATE)

] The man was on the bus approximately 4 minutes.[C4-424]

At about 6:30 p.m. on the day of the assassination, McWatters viewed

four men in a police lineup. He picked Oswald from the lineup as the

man who had boarded the bus at the “lower end of town on Elm around

Houston,” and who, during the ride south on Marsalis, had an argument

with a woman passenger.[C4-425] In his Commission testimony, McWatters

said he had been in error and that a teenager named Milton Jones was

the passenger he had in mind.[C4-426] In a later interview, Jones

confirmed that he had exchanged words with a woman passenger on the bus

during the ride south on Marsalis.[C4-427] McWatters also remembered

that a man received a transfer at Lamar and Elm Streets and that a

man in the lineup was about the size of this man.[C4-428] However,

McWatters’ recollection alone was too vague to be a basis for placing

Oswald on the bus.

Report of the President's Commission on the Assassination of President John F. Kennedy · 第 4 / 24 章