criminal district court parish of orleans •state of

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ORIGINAL 4 ---------------------------- : CRIMINAL DISTRICT COURT PARISH OF ORLEANS •STATE OF LOUISIANA 198-059 1426 (30) SECTION “C" PROCEEDINGS IN OPEN COURT FEBRUARY 19, 1969 B E F OR E: THE HONORABLE EDWARD A. HAGGERTY, JR., JUDGE, .SECTION "C" Dietrich & Pickett, Inc. Qimayijjp'aJA 333ST. CHARLES AVENUE. SUITE 1221 NEW ORLEANS, LOUISIANA 70120-522-3111 STATE OF LOUISIANA VERSUS CLAY L. SHAW

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Page 1: CRIMINAL DISTRICT COURT PARISH OF ORLEANS •STATE OF

ORIGINALi«

4 ---------------------------- :

CRIMINAL DISTRICT COURT PARISH OF ORLEANS

•STATE OF LOUISIANA

198-059 1426 (30) SECTION “C"

PROCEEDINGS IN OPEN COURT FEBRUARY 19, 1969

B E F O R E: THE HONORABLE EDWARD A. HAGGERTY, JR.,JUDGE, .SECTION "C"

Dietrich & Pickett, Inc. Qimayijjp'aJA

333ST. CHARLES AVENUE. SUITE 1221 NEW ORLEANS, LOUISIANA 70120-522-3111

STATE OF LOUISIANA VERSUSCLAY L. SHAW

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WITNESSI N D E X

DIRECT CROSS REDIRECT RECROSSRICHARD R. CARR 2 7 10 21

-- 31 3 i

• 333 SAINT CHARM'S AVENUEDIETPiICII & PICKETT, Inc. . court reporters • suite 1221

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THE COURT:Call your next witness.

MR. GARRISON:Your Honor, Mr. Carr is unable to walk

because of a recent accident, and we understand the Defense has no# objection, if the Court will permit, to have Mr. Carr wheeled right in front of the State Counsel table.

THE COURT: . ..That's all right. He can testify from

there.RICHARD RANDOLPH CARR,

having been first duly sv/orn by the Minute Clerk, was examined and testified as follows:

DIRECT EXAMINATIONBY MR. GARRISON:Q Mr. Carr, we can hear you if you speak into

the microphone, sir, and it is important that the Jury be'able to hear you and Defense Counsel over here (indicating)

Iand the Court Reporter. What is yourfull name?

A Richard Randolph Carr.Q And in what City do you live?

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A Dallas, Texas.Q And what city were you living in during the

month of N0vember, 1963?A Dallas, Texas, 322 North Canden, oak Cliff.Q Can you recall the day of November 22, 1963?A Yes. *Q Can you recall what part of the City you were

in around the middle of the day on November 22?

A Yes, i was on the Seventh Floor of the NewCourthouse Building that was under con­struction at that time, located on Houston and Commerce, facing Dealey Plaza.

Q Approximately what time were you on the Seventh Floor of that building facing Dealey Plaza?

A Sir, I can't recall.the exact time, but it was at the time that the parade was coming down towards Dealey Plaza. I did not have a watch at the time.

Q Were you in a position where you could see the parade? ••

A Yes, sir.Q Do you recall seeing anything unusual happening'A Yes, I do.Q Would you tell us what happened.

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A At the time the parade came down towards -- going to the School Book Depository/

. Dealey Plaza would have been to my left where I was standing, and at the Fifth Floor of the School Book Depository I noticed a man at the third window, thi s man was dressed -- he had on a light hat, and I saw this man later going down Houston Street, to the corner of com­merce, and then turned toward town on Commerce, and at that time before this happened I heard a single shot which sounded like a small arms, maybe a pistol, and I immediately, immediately there was a slight pause and immediately after that I heard three rifle shots in succession, they, seemed to be fired from an automatic

• rifle and they came --- MR. DYMOMD:

We object to the"witness giving his con- .' elusions on this.

THE COURT:Mr. Carr, do not give your conclusions on

this point.BY MR. GARRISON:

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Q Go ahead and tell us what you heard.A I heard three rifle shots fired from a high-

powered rifle MR. DYMOND:

We object to that unless the man is quali­fied as an expert. I ask the Jury be instructed to disregard that.

THE COURT:It is a question whether or not an ordinary

human being, whether he would know a rifle shot or not. I do hot know --

MR. DYMOND:We don't know this man had rifles since

he was a child, we don't know that he ever had been a hunter, and this man

MR. GARRISON:■ We can clarify that very easily.

BY MR. GARRISON:Q Mr. Carr, have you ever heard rifle fire before-’A I. have.Q Where?A I was a member of the Fifth Ranger Battalion

in World War II. I qualified as an expertwith a bolt-action rifle which is called

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offensives in Africa, and from there I went to Anzio beachhead and my battalion was annihilated, 13 men left in the Fifth Ranger Battalion,,

Q How many of these places did you hear rifle fire? ♦

A in all of them I heard rifle fire, sir.MR. GARRISON:

We tender the witness.CROSS-EXAMINATION

BY MR. DYMOND:Q Mr. Carr, when you were qualified in the Army

as an expert with a rifle, did that, was that pertaining to marksmanship or the identification of the type of rifle being fired from the noise made?

A Sir, clarify that.Q Your qualification as an expert rifleman in the

Army, was that in marksmanship and the breaking down of'rifles or the identifica-

. ' tion of ri„fle sounds?A I became an expert on the range in the act of

firing a rifle.Q in other words, that would be marksmanship, ..

would it not, sir?

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A YesQ Now, these various actions in which your

battalion took place, do you know what type of rifles were being fired at you?

A No, sir, I do not,Q Do you know whether there was more than on<*

type of rifle being fired at you?A Yes, i do know there was more than one type of

rifle being fired at me.Q But you can't name the different types. is

that correct?A Well, I did not see them, and without seeing,

I could not name them.MR. DYMOND:

That's all.THE COURT:

Is the matter submitted?MR. GARRISON: - ; --

'Yes, the State would add that Mr. Carris about as expert in the sounds of gunfire as you could be and still be walking around.

MR. DYMOND:If the Court please, this gentleman may

have been fired at many times, but

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was from a rifle but not what type rifle.

THE WITNESS:No, sir, I would not say what type of a

rifle, I would not say it was a thirty aught six -- ♦

MR. DYMOND:Objection, there was no question asked.

BY MR. GARRISON: ...q Let's go back to where we were and can you tell

us what you heard?A Yes, a pipefitter and myself were standing on

the Seventh Floor of the — on the outside of the structure of this courthouse, we were looking, as I told before in my statement to the FBI and everyone else --

MR. DYMOND:I object to his previous statements to

the FBI, Your Honor.THE COURT:

Answer the question.BY MR. GARRISON:Q You can go on and tell us what you observed,

tell us v/hat you observed and what y0u - heard.

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A All right. As I stated before, I noticed this fellow in the window, and this gentleman, the pipefitter and myself, he made the statement to --

MR. DYMOND:I object to what the man made a statement

concerning.BY MR. GARRISON:Q You can say what you said.A I thought he was a Secret Agent man or an FBI

...... man. _____ ___ ___ __Q What did the man in the window look like?A He had on a hat, a felt hat, a light hat, he

had on heavy-rimmed glasses, dark, the glasses were heavy-rimmed, and heavy ear pieces on his glasses.

Q Go ahead..A He had on a tie, he had on a light shrrt, a

tan sport coat.Q Now, you say you heard gunfire. Will you tell

. ’ us again what you heard.A Yes, sir. The first I heard, I made the

statement before the objection, I say it was small arms, a pistol --

MR. DYMOND:

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H e h a s n o t b e e n q u a l i f i e d - -

T H E C O U R T :

j u s t s a y w h a t k i n d o f n o i s e y o u h e a r d .

BY M R . G A R R I S O N :

Q W h a t k i n d o f n o i s e d i d y o u h e a r ?

A I h e a r d a s h o t . - T h e r e w a s a p a u s e a n d i m - ♦m e d i a t e l y a f t e r t h a t t h e r e w e r e t h r e e

s h o t s i n s u c c e s s i o n .

Q V 7 e re y o u a b l e t o t e l l f r o m w h e r e t h e f i r s t

s h o t w a s c o m i n g ?

A N o , s i r , n o t t h e f i r s t o n e I c o u l d n o t t e l l

t h e d i r e c t i o n i t c o m e f r o m .

Q W e r e y o u a b l e t o t e l l f r o m w h e r e t h e t h r e e

s h o t s c a m e f r o m w h i c h f o l l o w e d ?

A Y e s , i w a s .

Q W h e r e d i d t h e y c o m e f r o m ?

A T h e y c a m e , f r o m t h e - - f r o m w h e r e I w a s s t a n d i n g

* a t t h e n e w c o u r t h o u s e , t h e y c a m e " f r o r a I n ~

t h i s d i r e c t i o n h e r e , b e h i n d t h i s p i c k e t

f e n c e , a n d o n e k n o c k e d a b u n c h o f g r a s s

u p a l o n g i n t h i s , a r e a h e r e ( i n d i c a t i n g ) ,

t h i s a r e a h e r e i s f l a t , l o o k i n g a t i t

f r o m h e r e , b u t t h e a c t u a l w a y i t i s , i t

i s o n a s l o p e u p t h i s w a y a n d y o u c o u l d

t e l l f r o m t h e w a y i t k n o c k e d i t u p t h a t

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the bullet came from this direction (indicating).

Now, when you just touched the ruler to this mockup, what was the area which you were describing as the source of. the three shots, can you describe it a little mcyre precisely?

Yes, there was a picket fence along in this area here, it does not show it in here, and it seems the shots came from this direction, and underneath that slope there were people.

And what happened?The shots came from this direction, from be­

hind this picket fence that I do not see here, and there is a slope here, there is a grassy slope down here and there were a lot of people, spectators down here, below on this grassy slope, but when those shots were fired the motorcycle policemen, the

. • Secret Service and what-have-you, all came in this direction, the way the shots came from, some of the people that were sitting there' or standing fell to the ground as if the shots wore coming off of thoso --

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A

QA

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MR. DYMOND:I object to his conclusion. Your Honor.

THE WITNESS:It is not a conclusion. Your Honor, I saw

it.MR. DYMOND: *»

I ask the witness be instructed to wait for the court's ruling.

THE COURT: • 'I overrule the objection.

MR. DYMOND:To which ruling Counsel objects and re­

serves a bill of exception on the con­clusions of the witness. I will make the Defense objection, all the ques­tions propounded to this witness, the entire record and the Court's ruling', parts of the bill.

ETMR. GARRISON:Q Now, of those shots, which of the three shots

did you hear coming from that area you have just pointed out by the picket fence on the knoll?

A The three shots, the last three shots came from this area.

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Q Did the three shots seem spread apart in time or very close in time?

A No, sir, they were fired from a semi-automatic or either —

MR. DYMOND:I object to this. ♦

THE COURT:Just tell us the sequence, Mr. Carr.

BY MR. GARRISON: ....Q You can tell us whether they sounded close

or separate.A Yes, they were very close together.Q If you were to say with your voice "BOOM"

three times, could you give us the approximate separation as you recall it?

A Well, BOOM-BOOM-BOOM, just in that order.Q All right. Now, I am not going into the whole

thing there., but just so that we can see where the spot was on the photomap, now, "S-34, " Mr. Carr, that you are looking atnow, an aerial photograph of the scene --

A Yes.Q -- could you orient yourself, can you identify

everything by looking at the area photo­graph?

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A Yes.Q Can you show us the area from which you heard

the three shots coming on the area photo­graph?

A The three shots came from in this direction right here (indicating). ♦

Q Can you recognize the cement arcade in the area photograph?

A Yes.Q Now, are you able to recall from which ends

of the cement arcade the three shots came from, was it from the end towards the Depository or the end towards the over­pass?

A At the end towards the overpass, right here.MR. GARRISON:

Let the record show that Mr. Carr justindicated, would you point your ruler up there, -- let the record show Mr. Carr is indicating an area on the

•' grassy knoll in the vicinity of thepicket fence.

THE COURT:Let it be noted in the record.

BY MR. GARRISON:

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Q

A

Q

AQAQ

A

Q

A

Q

A

Now, after the shots, did you notice any movement of any kind --

Yes, I did.-- as unusual, that was unusual?Yes, I did.Would you tell us what you observed. «Should i point it out, sir?Yes.At this point right here,,at this School Book

Depository there was a Rambler Station Wagon there with a rack on the back, built on the top of this.

Which way was the station wagon facing?It was parked on the wrong side of the street,

next to the School Book Depository heading north.

North being the top of the photomap, north is the top as you have indicated?

North is the top, and it was headed in this direction towards the railroad tracks, and immediately after the shooting there was three men that emerged from behind the School Book Depository, there was a Latin, I can't say whether he was Spanish, Cuban, but he was real dark-complected, stepped

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out and opened the door, there was two men entered that station wagon, and the Latin drove it north on Houston. The car was in motion before the rear door was closed, and this one man got in the front, and then he slid in from the -- from t he driver's side over, and the Latin got back and they proceeded north and it was moving before the rear door was closed, and the other man that I described to you being in this window which would have been one, two, the third window over here came across the street, he came down, coming towards the construction site on Houston Street, to Commerce, in a very big hurry, he came to Commerce Street and he turned toward town on Commerce Street and every once in a while he would look over his— - shoulder as if he was being -followed*

Q Now, Mr. Carr, did you have occasion to give . ' this information to any law enforcement

agencies?■A Yes, I did.Q Did anyone tell you not to say anything about

this?

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DYMOND:A Yes.

MR.I object to what anyone told him. Your

Honor, on the grounds it's hearsay.THE COURT:

A moment ago you asked Mrs. Parker ifanybody threatened her. is it your

question, Mr. Garrison, whether or not Mr. Carr was threatened by some­one? Is your question to the witness a question of whether or not anyone threatened Mr. Carr?

MR. GARRISON:I will rephrase it.

BY MR. GARRISON:Q Did anyone threaten you?

MR. DYMOND:At this time we object to the Court's

suggesting questions to Counsel for the State. The suggested question is completely different from the ques­tion previously propounded by the State. This is not the function of a Trial Judge in any trial.

MR. GARRISON:

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May it please the court, I will phrase my own questions on this.

BY MR. GARRISON:Q Mr. carr, did you talk to any FBI agents about

this incident?A Yes, I did. *• 'Q Did they tell you to forget about it?

MR. DYMOND:I object to that as hearsay.

BY MR. GARRISON:Q Were you threatened in any way --

THE COURT:I sustain the objection. You cannot tell

us the words used by someone who spoke to you because of hearsay; however, you can state that you had

• conversations with them and what did you do as a result of the conversa­tion, I will permit that.

BY MR. GARRISON:Q a s 'the result of the conversations with the

Federal Bureau of investigation, what did you do?

A I done as I was instructed, I shut my mouth.'Q Were you called to testify before the Warren

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Commission?A No, sir.

MR. GARRISON:I tender the witness.

RECROSS-EXAMINATIONBY MR. DYMOND: .Q When did you first notice that President

Kennedy had been shot?A About an hour and 15 minutes after it happened,

sir.Q Is it your testimony that you did not realize

that anything had gone wrong in the Presidential motorcade?

A I realized something had gone wrong but I did not know what.

Q Did you realize that anyone had been shot?A No, sir, .1 did not.Q Until an hour and 15 minutes after it happened,

is that your testimony?A Yes.Q I. see. Now, wasn't it your testimony that you

heard what you thought were gunshot --A Yes.Q -- noises?A Yes, I did not think it was gunshots, I knew

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it was gunshots.Q I see. Didn't you also testify that you saw

people running up to- the grassy knoll area?A I did.Q Did you draw any conclusions from that?A Your Honor, you asked me not to have any con­

clusions a while ago, did you not?THE COURT:

You can answer this question.THE WITNESS: ‘ -

I have conclusions, yes, I did.BY MR. DYMOND:Q Did you conclude that anybody had been shot?A I concluded someone had been shot or shot at,

yes.Q Did you detect any commotion or unusual activi­

ties- in the vicinity of the Presidential vehicle?

A I detected the vehicles gathering’ speed and moving on, yes, I did.

Q Did you attach any importance to that or think it was unusual?

A i thought it was very unusual, yes.Q Now, when did you see the Presidential vehicle

gathering speed in relation to the gun-

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s h o t s ?

A I t w a s s h o r t l y a f t e r ,

Q W o u l d I b e f a i r i n s a y i n g i t w a s i m m e d i a t e l y

a f t e r t h e g u n s h o t s ?

A I w o u l d s a y t h e r e w a s a p a u s e a n d i t l o o k e d

l i k e , i t l o o k e d l i k e s o m e b o d y t r y i n g i*o

g e t h o m e f r o m w h e r e I w a s a t .

Q B y c l a p p i n g y o u r h a n d s , f i r s t i n d i c a t i n g t h e

l a s t g u n s h o t , a n d t h e n t h e t i m e t h a t y o u

s a w t h e u n u s u a l a c t i v i t y a r o u n d t h e

P r e s i d e n t i a l v e h i c l e , c l a p p i n g t h e m a g a i n ,

s o a s t o s h o w u s t h e s p a c e o f t i m e , w o u l d

y o u p l e a s e d o t h a t , s i r .

A T h a t h a s b e e n f i v e y e a r s a g o , a n d i t s e e m e d

l i k e m i n u t e s , w h i c h i t w a s o n l y s e c o n d s .

Q I n o t h e r w o r d s , i t ' s y o u r t e s t i m o n y n o w t h a t

i t w a s o n l y s e c o n d s b e t w e e n t h e l a s t s h o t

a n d y o u r s e e i n g c o m m o t i o n a n d u f t l f s u a l

a c t i v i t y a r o u n d t h e P r e s i d e n t i a l v e h i c l e .

I s t h a t c o r r e c t ?

A W - e l l , n o w , I a i n ' t s a i d n o t h i n g a b o u t s e e i n g

c o m m o t i o n a r o u n d t h e P r e s i d e n t i a l v e h i c l e ,

w h a t t y p e o f c o m m o t i o n I n o t i c e d m o s t l y

w a s p e o p l e r u n n i n g t o t h e a r e a t h a t I -

d e s c r i b e d , t h i s a r e a r i g h t h e r e , s i r .

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Q That happened right after the shots were fired?

A Yes, that happened immediately.Q Would you say that happened before or after

you saw the Presidential vehicle accelerate.and start to go faster? ^

A That happened before.Q All right. After seeing the people run up

the grassy knoll, which happened right after you heard the shots, right after that you saw --

MR. ALCOCK:That is not what he said, that is not his

testimony.(Whereupon, the testimony pertinent to this point was read by the Reporter,)

BY MR. DYMOND: -Q Right after that you saw the Presidential

vehicle accelerate. Is that correct?A Yes.Q All right. Nov;, when you saw the Presidential

vehicle accelerate, did that attract your attention?

A No, sir, not so much as I turned and looked

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back, as I told you before, I saw these people come out from behind the School Book Depository and I am going to try to make’this clear to you so where you can understand it, from where I was at I could not tell, whether they came out this side entrance here, there is a side en­trance to the School Book Depository, or whether they came from behind it, but they came either from the side entrance or they came from behind it, and got into this station wagon.

Q Now, how about the rest of the motorcade, didit accelerate along with the Presidential r

A . The crowd crowded in so fast until I could not tell anything about the rest of the motor­cade or nothing else, there was a lot of commotion there from then on.

Q Vlas there a great deal of traffic'on Stemmons Freeway at that time?

A Stemmons Freeway is oh up here.Q I am talking about Elm Street going -- A You said Stemmons Freeway, Elm Street is here,

sir. No, sir, there was not much traffic on Elm Street.

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Q Not much traffic?A Elm Street had been blocked off for the motor­

cade.Q About how; many automobiles v/ere in the motor­

cade?A I don't know. ^

• *Q Would you say plenty or just one or two?A Well, at the time this happened, I saw three.Q You only saw three vehicles, three automobiles

in the Presidential motorcade. Is that correct?

A At the time it happened I had only seen three, part of them were on back, had not got to that point yet.

Q Did you ever see any more than these three?A Sir, i saw no more because I explained to you

that the commotion was so great that every - body stopped there, there were a lot of people on the streets, on both sides, there were people up here, spectators,

. ' there were people lined everywhere along that route, all over there.

Q Mr. Carr, weren't you interested in looking at this commotion and trying to see what was causing it?

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A was I interested in knowing what was causingit?

Q That is correct. .A I would like to have known, but I could not

have got through the crowd to find out if I had to. ♦

Q You had a pretty good spot from which to look, didn't you?

A Yes. .Q V7ere you looking to try to' see what caused it?A Well, I had no idea what had went on, sir.Q I say were you looking to try to see what went

on, what caused it?A To see what caused the commotion?Q That's right.A No, sir, not to see what caused it, I was

looking to see what was going on.Q You were looking v>here, to see what was going

on?A I was looking to see why all of the commotion

• " down here and why these people were runnincQ And at the same time you were looking up toward:

the Texas Book Depository seeing three men come out from behind it. Is that right?

A Do you see these dots on this —

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Q would you answer my question, and then explain/ please, sir. I say would you answer the question and then explain.

A Yes, I will answer your question, repeat it, please.

THE COURT: ♦Mr. carr, when a question is put to you,

you can answer it yes or no, but you have a right to,explain'your answer so you cannot be cut off, so if you •wish to explain the answer, you are permitted by law to do so.

(Whereupon, the question was read back by the Reporter.)

A Yes, that's right.BY MR. DYMOND:q And also at the same time you were watching

the man whom you say you had seen on the Fifth Floor of the Book Depository walk on Houston Street towards Main. is that right?

A Yes, and I have -- may I explain that?Q Yes.

THE COURT:You may explain.

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A The same man. that I saw here in this window was with the three men that I told you a minute ago, they came out from behind the School Book Depository, got in the station wagon, one man crossed the street and then came down this side of Houston Street and turned onto Commerce Street.

BY MR. DYMOND:Q And you were watching that procedure at the

same time that you were watching what was going on in the grassy knoll area?

A No, sir.Q And what was going on around the Presidential

vehicle and in the motorcade, right?A No, sir, I was watching that man at that time,

and I watched him until I could see him no longer, but that man acted as if he was in a hurry'and someone was following him, and I would know that man if I ever sav; him again.

Q And right before the three successive shotsyou sav; a bullet hit in the middle of Dealey Plaza, is that correct?

A Repeat that, please.Q Right before hearing the three successive shots

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y o u s a w a b u l l e t h i t i n t h e m i d d l e o f

D e a l e y P l a z a , r i g h t ? ........................

A N o , s i r , u p o n h e a r i n g t h e t h r e e s u c c e s s i v e

s h o t s , s i r , I s a w o n e , o n e o f t h o s e t h r e e

h i t i n D e a l e y P l a z a i n t h e g r a s s .

Q I s e e . D i d y o u e v e r g o a n d l o o k f o r t h e h o ^ L e

w h e r e i t h i t ?

A N o , s i r , I h a v e n o t .

Q D i d y o u e v e r t r y t o r e c o v e r t h e p e l l e t ?

A N o , s i r , I h a v e n o t .

Q N o w , i s i t y o u r t e s t i m o n y t h a t t h e t h r e e , t h a t

i s , t h e g r o u p o f t h e s e t h r e e s h o t s w e r e

e q u a l l y s p a c e d , t h a t i s , t h e s p a c e o f

t i m e b e t w e e n t h e f i r s t a n d s e c o n d w a s

j u s t a b o u t t h e s a m e a s t h a t b e t w e e n t h e

s e c o n d a n d t h i r d ?

A T h e t h r e e s h o t s w e r e c o n s e c u t i v e l y .

Q I t a k e i t t h e n t h a t y o u w o u l d d e n y t h a t t h e r e

w a s o n e s h o t a n d t h e n a r e l a t i v e l y l o n g

p e r i o d a n d t h e n t w o f a s t s h o t s . i s t h a t

' ■ c o r r e c t ?

A Y e s , I s u r e w o u l d .

Q I t a k e i t - - g o a h e a d , s i r .

A I a m s o r r y , s i r , g o a h e a d . I s a i d I h e a r d o n e

s h o t , t h e r e w a s a p a u s e a n d t h e n I h e a r d

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three consecutive shotsQ I take it then that you would also deny that

of those three successive shots, there were' two rapid ones and then a relatively long period and then a third one. is that right?

A Yes, I would.MR. DYMOND:

That's all, sir.FURTHER REDIRECT EXAMINATION

BY MR. GARRISON:Q Just one more question, Mr. Carr. Would you

just take your -- would you just take your time and in your own words describe with reference to the photomap the direc­tion of that shot which you observed furrowing :on through the grass, from what area to what area, could you describe that, from what point to what point?

A The shot was fired from somewhere in here.Q Just a minute, sir. This is going to be

written down, what do you mean by "in here," from somewhere to where?

A From this direction in here that shot was fi red.

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Q You are indicating, to begin with, the grassy knoll area by the picket fence. is that right?

A Yes, sir,' that is the first thing thatattracted my attention as I explained to you before i *

Q But the direction would have been from there to where?

A ' To in this vicinity right here (indicating).Q Well, if you carry the line down, would you

--- -identify some building or something onthe map so that v/e will know precisely what you mean?

A Yes, I will say the Criminal Courts Building right here (indicating).

Q If the shot would have continued, you mean to say --

- M R . DYTiOND :

I object to leading the witness, Your Honor.

BY MR. -GARRISON:Q I will rephrase the question. If the shot

continued --A If the shot had not hit the grass, it would

hit the Criminal Courts Building, sir.

had

h a v e

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MR. GARRISON:

That's all I have.FURTHER RECROSS-EXAMINATION

BY MR. DYMONDCQ Just a couple of questions. Mr. Carr, is it

your testimony that you saw this bullet furrowing through the grass?

A I saw the grass come up.Q You saw the grass come up?A Yes.Q And from that you are telling us from what

direction the shot came and where it would have gone if it would have kept on going. Is that right?

A Yes.MR. DYMOND:

That's all.THE COURT: ■

Is Mr. Carr released from the obligations of his subpoena?

MR. ALCOCK:Yes, Your Honor.

THE COURT:You are excused as a witness.

THE V7ITNESS :

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Thank you. Judge.THE COURT:

Let everybody have a seat. Sheriff.Now, you see, it is about one minute to

12:00. We are going to recess for lunch. ♦

Let everybody have a seat.Gentlemen of the Jury, as I have so many

times, I must admonish you and■in­struct you not to discuss the case with one another or anyone else.It is very, very important that you adhere to my instructions.

With those instructions, I will turn you over to the Sheriffs, and we will be in recess for lunch.

You are released under your same bond,Mr. Shaw.

(Whereupon, a luncheon recess was taken.)

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C E R T I F I C A T E

| I, the undersigned, a Deputy Official CourtReporter in and for the State of Louisiana, authorizediand empowered by law to administer oaths and'to take the depositions of witnesses under L.R.S. 13:961.1, as amended, do hereby certify that the above and foregoing deposition is true and correct as taken by me in the above-entitled and numbered cause (s).

I further certify that I am not of counselnor related to any of the parties to this cause or in anywise interested in the event thereof.

t*

DEPUTY OFFICIAL. COURT REPORTER STATE OF LOUISIANA