VIII. The Protection of the President (part 2 of 2)

VIII. The Protection of the President (part 2 of 2)

Commission finding.--In evaluating Helen Markham’s testimony the Commission is aware of allegations that she described the killer of Patrolman Tippit as short, stocky, and with bushy hair, which would not be a correct description of Oswald. It has also been alleged that Mrs. Markham identified Oswald in the lineup because of his clothing rather than his appearance. When Oswald appeared in the lineup at which Mrs. Markham was present, he was not wearing the jacket which he wore at the time of the shooting, and Mrs. Markham has testified that her identification was based “mostly from his face.”[A12-58] Moreover, Mrs. Markham has denied that she ever described the man who killed Tippit as short, stocky, and with bushy hair. The Commission reviewed the transcript of a telephone conversation in which Mrs. Markham was alleged to have made such a description. In the transcription Mrs. Markham reaffirmed her positive identification of Oswald and denied having described the killer as short, stocky, and bushy haired.[A12-59]

Speculation.--Another witness to the slaying of Patrolman Tippit, an unidentified woman, was interviewed by the FBI but was never called as a witness by the President’s Commission on the Assassination of President Kennedy. This witness is alleged to have stated that she saw two men involved in the shooting and that they ran off in opposite directions afterward.

Commission finding.--The only woman among the witnesses to the slaying of Tippit known to the Commission is Helen Markham. The FBI never interviewed any other woman who claimed to have seen the shooting and never received any information concerning the existence of such a witness. Two women, Barbara Jeanette Davis and Virginia Davis, saw the killer immediately after the shooting as he crossed the lawn at the corner of Patton Avenue and 10th Street, but they did not witness the shooting itself. They were both interviewed by the FBI and appeared before the Commission. The Commission has no evidence that there was any witness to the slaying other than those identified in chapter IV.[A12-60]

Speculation.--No witness saw Oswald between the time he was supposed to have reloaded his gun near the scene of the slaying and his appearance at the shoestore on Jefferson Boulevard.

Commission finding.--Six witnesses identified Oswald as the man they saw in flight after the murder of Tippit. The killer was seen, gun in hand, by Ted Callaway and Sam Guinyard in the block of Patton Avenue between 10th Street and Jefferson Boulevard after the shooting of Tippit. They saw him run to Jefferson and turn right. On the evening of November 22, Callaway and Guinyard picked Oswald out of a police lineup as the man they saw with the gun. Two other men, Warren Reynolds and Pat Patterson, saw a man with a pistol in his hand running south on Patton Avenue. They followed him for a block on Jefferson Boulevard and then lost sight of him. Both men subsequently identified pictures of Oswald as the man they saw with the gun. Harold Russell also saw a man with a gun running south on Patton Avenue and later identified him from pictures as Oswald. Mrs. Mary Brock saw a man she later identified as Oswald walk at a fast pace into the parking lot behind the service station at the corner of Jefferson and Crawford, where Oswald’s jacket was found shortly after.[A12-61]

Speculation.--When Oswald left his roominghouse at about 1 p.m. on November 22 he had on a zipper-type tan plaid jacket.

Commission finding.--The jacket that Oswald was wearing at the time of the slaying of Tippit was a light-gray jacket. According to Marina Oswald, her husband owned only two jackets--one blue and the other light gray. The housekeeper at 1026 North Beckley Avenue, Mrs. Earlene Roberts, was not certain about the color of the jacket that Oswald was wearing when he left the house.[A12-62]

Speculation.--Oswald wore an olive-brown plain jacket which is visible in all the pictures of him after his arrest.

Commission finding.--At the time of his arrest, Oswald was not wearing a jacket. The jacket that was subsequently recovered in a parking lot and identified as Oswald’s was a light-gray one. There are no witnesses who have stated that Oswald was wearing an olive-brown jacket immediately before or after his arrest. The Commission has seen no pictures of Oswald taken subsequent to his arrest that show him in such a jacket. Pictures taken shortly after his arrest show him in the shirt that Mrs. Bledsoe described him as wearing when she saw him on the bus at approximately 1:40 p.m.[A12-63]

Speculation.--Oswald’s landlady, Mrs. A. C. Johnson, said that Oswald never had a gun in the room.

Commission finding.--In her testimony before the Commission, Mrs. Johnson said that he “never brought that rifle in my house. * * * He could have had this pistol, I don’t know, because they found the scabbard.”[A12-64] As shown in chapter IV, Oswald kept his rifle in the Paine garage in Irving while he was living in Dallas during October and November. The pistol was small and easily concealed.[A12-65]

Speculation.--There was absolutely no place to hide a gun in Oswald’s room at 1026 North Beckley Avenue.

Commission finding.--In the search of Oswald’s room after his apprehension police found a pistol holster. Oswald’s landlady, Mrs. A. C. Johnson, stated that she had not seen the holster before. There is no reason to believe that Oswald could not have had both a pistol and the holster hidden in the room. Oswald’s pistol was a small one with the barrel cut down to 2¼ inches. It could have been concealed in a pocket of his clothes.[A12-66]

Speculation.--Oswald did not pick up the revolver from his room at 1 p.m.

Commission finding.--There is reason to believe that Oswald did pick up the revolver from his room, probably concealing it beneath his jacket. This likelihood is reinforced by the finding of the pistol holster in the room after the assassination, since this indicates that Oswald did not store the pistol at the home of Mrs. Paine where he spent the night before the assassination.[A12-67]

Speculation.--No one saw Oswald enter the Texas Theatre.

Commission finding.--A nearby shoe store manager, Johnny C. Brewer, and the theatre cashier, Julia Postal, saw Oswald enter the lobby of the theatre from where he went on into the theatre proper.[A12-68]

Speculation.--Not a single one of the people in the Texas Theatre at the time of Oswald’s arrest has come forward or been brought forward to give an eyewitness account of the arrest.

Commission finding.--Johnny C. Brewer, the shoe store manager, and two patrons of the theatre--John Gibson and George Jefferson Applin, Jr.--were present in the theatre and testified before the Commission on the circumstances of Oswald’s arrest at the Texas Theatre. Only 6 or 7 people were seated on the main floor of the theatre.[A12-69]

Speculation.--There is no independent witness aside from the police who testified that Oswald was carrying a gun when arrested by the police.

Commission finding.--Johnny Brewer testified before the Commission that he saw Oswald pull a gun and that he saw it taken away from him by a policeman.[A12-70]

OSWALD AFTER HIS ARREST

The Commission found that assertions that the Dallas police treated Oswald brutally and denied him his constitutional rights to legal counsel had no foundation in fact. Insinuations that Dallas police officials and District Attorney Henry M. Wade fabricated or altered evidence to establish the guilt of Oswald were baseless. It is true that police officials and the district attorney made errors in giving evidential information to the press, but these were clearly the result of misapprehensions or ignorance rather than intent, and at the worst represent bad judgment. At least one imputed fabrication of fact, further embellished by repetition, never really occurred. Sinister connotations were evoked by the attribution to the district attorney of the statement that a taxicab driver named Darryl Click drove Oswald from downtown Dallas to the area of his roominghouse in Oak Cliff. It has been correctly ascertained that no such taxicab driver existed in Dallas. On the other hand, the district attorney, who was quoted in a newspaper transcript as making the statement, never made the statement nor did any one else. Audio tapes of the district attorney’s press conference make clear that the person who transcribed the conference rendered a reference to the “Oak Cliff” area of Dallas as a person, “Darryl Click”. This error in transcription is the sole source for the existence of a “Darryl Click” as a taxicab driver.

Speculation.--Oswald was the victim of police brutality.

Commission finding.--Oswald resisted arrest in the Texas Theatre and drew a gun. He received a slight cut over his right eye and a bruise under his left eye in the course of his struggles. During the time he was in police custody, he was neither ill-treated nor abused.[A12-71]

Speculation.--Oswald was never formally charged with the assassination of the President; he was charged only with the shooting of Patrolman J. D. Tippit.

Commission finding.--Oswald was arraigned for the murder of President Kennedy before Justice of the Peace David Johnston on the fourth floor of the Police Department building at 1:35 a.m., November 23. Previously, he had been arraigned before Johnston for the murder of Tippit at 7:10 p.m., November 22.[A12-72]

Speculation.--The police questioned Oswald extensively about the Tippit murder on the first day of his detention. They did not question him about the assassination of President Kennedy.

Commission finding.--Dallas police officials stated that they questioned Oswald repeatedly on November 22 about the assassination of President Kennedy and his relationship to it. At the first interrogation, Captain Fritz asked Oswald to account for himself at the time the President was shot. FBI agents who were present also stated that he was questioned about the assassination of the President.[A12-73]

Speculation.--Oswald’s attempts to get legal counsel were deliberately thwarted by the police and he was cut off from outside calls that would have permitted him to obtain a lawyer.

Commission finding.--On November 23, Oswald was visited by the president of the Dallas Bar Association, H. Louis Nichols, who offered him help in getting a lawyer; Oswald refused the offer. Oswald was told by the police that he could use the telephone when he wished, and he did make telephone calls. He attempted to call attorney John Abt in New York but was unsuccessful in reaching him. Mrs. Paine testified that at Oswald’s request she tried without success to reach Abt. Oswald was also visited by his wife, mother, and brother, to any of whom he could have turned for help in getting counsel.[A12-74]

OSWALD IN THE SOVIET UNION

Oswald’s residence in the Soviet Union for more than 2½ years aroused speculation after his arrest that he was an agent of the Soviet Union or in some way affiliated with it. This speculation was supported by assertions that he had received exceptionally favored treatment from the Soviet Government in securing permission to enter and leave the country, especially the latter, because his Russian wife and child were permitted to leave with him. The careful analysis of these speculations in chapter VI of this report led to the Commission’s conclusion that there is no credible evidence that Oswald was an agent of the Soviet Government and that he did not receive unusually favorable treatment in entering or leaving the Soviet Union or in returning to the United States.

Speculation.--A young private in the Marine Corps in the 1950’s could not study Marxism, learn Russian, and read Soviet newspapers without any adverse repercussions in his unit.

Commission finding.--Although Oswald’s interest in the Soviet Union was well known, his interest in Marxism was apparently known to only a few of his fellow marines. While stationed in California, he studied Russian. In February 1959, while still in the Marines, he took an official test on his proficiency in Russian and was rated “Poor.” In California at about this time he probably read a Russian-language newspaper. The reactions of his fellow Marines who were aware of his interests in Marxism and the Soviet Union were apparently not antagonistic and did not deter him from pursuing these interests.[A12-75]

Speculation.--Oswald learned Russian during his service in the Marines as part of his military training.

Commission finding.--Oswald never received any training from the Marine Corps in the Russian language. His studies of Russian were entirely on his own time and at his own initiative.[A12-76]

Speculation.--Oswald could not have saved $1,600 from his Marine pay for his trip to Russia in 1959.

Commission finding.--In November 1959, Oswald told an American reporter in Moscow, Aline Mosby, that he had saved $1,500 (not $1,600) while in the Marines. It is entirely consistent with Oswald’s known frugality that he could have saved the money from the $3,452.20 in pay he received while he was in the Marines. Moreover, despite his statement to Aline Mosby, he may not actually have saved $1,500, for it was possible for him to have made the trip to Russia in 1959 for considerably less than that amount.[A12-77]

Speculation.--It is probable that Oswald had prior contacts with Soviet agents before he entered Russia in 1959 because his application for a visa was processed and approved immediately on receipt.

Commission finding.--There is no evidence that Oswald was in touch with Soviet agents before his visit to Russia. The time that it took for him to receive his visa in Helsinki for entrance to the Soviet Union was shorter than the average but not beyond the normal range for the granting of such visas. Had Oswald been recruited as a Russian agent while he was still in the Marines, it is most improbable that he would have been encouraged to defect. He would have been of greater value to Russian intelligence as a Marine radar operator than as a defector.[A12-78]

Speculation.--Soviet suspicion of Oswald is indicated by the fact that he was sent off to work in a radio plant in Minsk as an unskilled hand at the lowest rate of pay although he qualified as a trained radar and electronics technician.

Commission finding.--The Soviet Government probably was suspicious of Oswald, as it would be of any American who appeared in Moscow and said he wanted to live in the Soviet Union. Under the circumstances it is to be expected that he would be placed in a position that would not involve national security. Moreover, Oswald had been a radar operator, not a technician, in the Marines. His total income in Russia was higher than normal because his pay was supplemented for about a year by payments from the Soviet “Red Cross,” an official agency of the Soviet Government. Oswald believed that these payments really came from the MVD. It is a policy of the Soviet Government to subsidize defectors from Western nations who settle in the Soviet Union, in order that their standard of living may not be too much lower than their previous standard in their own country. [A12-79]

Speculation.--Oswald was trained by the Russians in a special school for assassins at Minsk.

Commission finding.--Commission investigations revealed no evidence to support this claim or the existence of such a school in Minsk during the time Oswald was there. Oswald belonged to a hunting club near Minsk, but there is no evidence that this was other than an ordinary hunting club.[A12-80]

Speculation.--Marina Oswald’s father was an important part of the Soviet intelligence apparatus.

Commission finding.--Marina Oswald’s father died while she was still an infant. This reference is presumably to her uncle, Ilya Prusakov, who was an executive in the lumber industry, which position carried with it the rank of lieutenant colonel or colonel in the Ministry of Internal Affairs (MVD). Since 1953 the MVD has not been concerned with internal security or other police functions.[A12-81]

Speculation.--It was most exceptional that Oswald was able to bring his wife and child out of the Soviet Union with him.

Commission finding.--There is no reason to believe that the Oswalds received unusually favorable treatment in being permitted or assisted to leave the Soviet Union together. Other American citizens have brought their Russian wives out of the Soviet Union, both before and after Oswald.[A12-82]

Speculation.--Oswald never would have been permitted to return to the United States if Soviet intelligence had not planned to use him in some way against the United States.

Commission finding.--There is no evidence that Oswald had any working relationship with the Soviet Government or Soviet intelligence. The Russians have permitted other American defectors to return to the United States.[A12-83]

Speculation.--Since the exit visa for Marina Oswald was granted so promptly the Soviet authorities must have wanted Marina to accompany her husband.

Commission finding.--Marina Oswald’s exit visa application was not acted upon with unusual rapidity. It took at least 5½ months from the time the Oswalds applied until they were notified of permission in December 1961. There have been many instances where visas were granted more quickly to other Soviet wives of American citizens.[A12-84]

Speculation.--Soviet authorities gave Oswald notice a month and a half in advance that they had granted him an exit visa, an unprecedented act for the Soviet Government.

Commission finding--The Oswalds were notified on December 25, 1961, that their requests for exit visas had been granted by Soviet authorities. Marina Oswald picked up her visa, valid until December 1, 1962, on January 11, 1962, 17 days after receiving notice that it was available. Oswald did not pick up his visa until May 22. The Soviets did not give the Oswalds any advance notice; the visas could have been picked up immediately had the Oswalds so desired. Because his exit visa had a 45-day expiration time after date of issuance, Lee Oswald delayed picking it up until he knew when he was leaving. He could not arrange a departure date until he received permission from the Department of State in May to return to the United States.[A12-85]

OSWALD’S TRIP TO MEXICO CITY

Oswald’s trip to Mexico City in late September and early October 1963, less than 2 months before he assassinated President Kennedy, has provoked speculation that it was related in some way to a conspiracy to murder the President. Rumors include assertions that he made a clandestine flight from Mexico to Cuba and back and that he received a large sum of money--usually estimated at $5,000--which he brought back to Dallas with him. The Commission has no credible evidence that Oswald went to Mexico pursuant to a plan to assassinate President Kennedy, that he received any instructions related to such an action while there, or that he received large sums of money from any source in Mexico.

Speculation--Oswald could not have received an American passport in June 1963 within 24 hours without special intervention on his behalf.

Commission finding--Oswald’s passport application was processed routinely by the Department of State. No person or agency intervened specially on his behalf to speed the issuance of the passport. The passports of 24 other persons, on the same list sent to Washington from New Orleans, were authorized at the same time. The Passport Office of the Department of State had no instructions to delay issuance of or to deny a passport to Oswald.[A12-86]

Speculation.--The Walter-McCarran Act specifically requires anyone who has attempted to renounce his U.S. citizenship to file an affidavit stating why he should receive a U.S. passport. Therefore, Oswald should have been required to file such an affidavit before receiving his passport in June 1963.

Commission finding.--The Internal Security Act of 1950 (Walter-McCarran Act) contains no reference to an affidavit being required of a U.S. citizen who has attempted to expatriate himself.[A12-87]

Speculation.--Oswald did not have money for his trip to Mexico in September 1963.

Commission finding.--An analysis of Oswald’s finances by the Commission indicates that he had sufficient money to make the trip to and from Mexico City. There is no evidence that he received any assistance in financing his trip to Mexico. The total cost of his 7-day trip has been reliably estimated at less than $85.[A12-88]

Speculation.--Oswald was accompanied on his trip to Mexico City by a man and two women.

Commission finding.--Investigation has revealed that Oswald traveled alone on the bus. Fellow passengers on the bus between Houston and Mexico City have stated that he appeared to be traveling alone and that they had not previously known him.[A12-89]

Speculation.--While in Mexico, Oswald made a clandestine flight to Havana and back.

Commission finding.--The Commission has found no evidence that Oswald made any flight to Cuba while he was in Mexico. He never received permission from the Cuban Government to enter Cuba nor from the Mexican Government to leave Mexico bound for Cuba. A confidential check of the Cuban airline in Mexico City indicates that Oswald never appeared at its office there.[A12-90]

Speculation.--Oswald came back from Mexico City with $5,000.

Commission finding.--No evidence has ever been supplied or obtained to support this allegation. Oswald’s actions in Mexico City and after his return to Dallas lend no support to this speculation.[A12-91]

Speculation.--On November 27, 1963, in a speech at the University of Havana, Fidel Castro, under the influence of liquor, said “The first time that Oswald was in Cuba * * *.” Castro therefore had knowledge that Oswald had made surreptitious visits to Cuba.

Commission finding.--Castro’s speeches are monitored directly by the U.S. Information Agency as he delivers them. A tape of this speech reveals that it did not contain the alleged slip of the tongue. Castro did refer to Oswald’s visit to the “Cuban Embassy” in Mexico which he immediately corrected to “Cuban consulate.” The Commission has found no evidence that Oswald had made surreptitious visits to Cuba.[A12-92]

OSWALD AND U.S. GOVERNMENT AGENCIES

Rumors and speculations that Oswald was in some way associated with or used by agencies of the U.S. Government grew out of his Russian period and his investigation by the FBI after his return to the United States. Insinuations were made that Oswald had been a CIA agent or had some relationship with the CIA and that this explained the supposed ease with which he received passports and visas. Speculation that he had some working relationship with the FBI was based on an entry in Oswald’s notebook giving the name and telephone number of an agent from the FBI office in Dallas. The Directors of the CIA and the FBI have testified before the Commission that Oswald was never in the employ of their agencies in any capacity. The Commission has concluded on the basis of its own investigations of the files of Federal agencies that Oswald was not and had never been an agent of any agency of the U.S. Government (aside from his service in the Marines) and was not and had never been used by any U.S. Government agency for any purpose. The FBI was interested in him as a former defector and it maintained a file on him.

Speculation.--Oswald was an informant of either the FBI or the CIA. He was recruited by an agency of the U.S. Government and sent to Russia in 1959.

Commission finding.--Mrs. Marguerite Oswald frequently expressed the opinion that her son was such an agent, but she stated before the Commission that “I cannot prove Lee is an agent.”[A12-93] The Directors of the CIA and of the FBI testified before the Commission that Oswald was never employed by either agency or used by either agency in any capacity. Investigation by the Commission has revealed no evidence that Oswald was ever employed by either the FBI or CIA in any capacity.[A12-94]

Speculation.--Oswald told Pauline Bates, a public stenographer in Fort Worth, Tex., in June 1962, that he had become a “secret agent” of the U.S. Government and that he was soon going back to Russia “for Washington.”

Commission-finding.--Miss Bates denied a newspaper story reporting that Oswald had told her that he was working for the U.S. Department of State. She stated that she had assumed incorrectly that he was working with the Department of State when he told her that the State Department had told him in 1959 that he would be on his own while in the Soviet Union.[A12-95]

Speculation.--The FBI tried to recruit Oswald. An FBI agent’s name, telephone number, and automobile license number were found among Oswald’s papers.

Commission finding.--FBI officials have testified that they had never tried to recruit Oswald to act on behalf of the FBI in any capacity. The Commission’s investigation corroborates this testimony. An FBI agent, James P. Hosty, Jr., had given his name and telephone number to Mrs. Ruth Paine so that she could call and give him Oswald’s address in Dallas when she learned it. Mrs. Paine and Marina Oswald have stated that Mrs. Paine gave Oswald a slip of paper with the agent’s name and telephone number on it. Marina Oswald had taken down the license number of Hosty’s car on one of his visits and given it to her husband.[A12-96]

Speculation.--Dallas police must have known where Oswald was living in the city because Mrs. Paine had given the address of Oswald’s room on North Beckley Avenue to the FBI some time before the assassination.

Commission-finding.--Mrs. Paine had never given the address of Oswald’s roominghouse to the FBI, nor had she known the address prior to the assassination. Therefore, the Dallas police could not have learned the address from the FBI which did not know the address before the assassination. The Dallas Police did not know that Oswald was in the city before the assassination.[A12-97]

Speculation.--It has been FBI policy for 20 years to inform employers of Communists or suspected Communists employed by them. It is a mystery, therefore, how Oswald retained his job at the Texas School Book Depository.

Commission finding.--The FBI advised the Commission that it has never been its policy to inform employers that they have Communists or suspected Communists working for them and that the FBI does not disseminate internal security information to anyone outside the executive branch of the U.S. Government. FBI agents had no contacts with Texas School Book Depository officials until after the assassination.[A12-98]

Speculation.--Municipal and Federal police had observed Oswald closely for some time but had not regarded him as a potential killer.

Commission finding.--The Dallas police had not been aware of Oswald’s presence in the city before the assassination. The FBI knew that Oswald was in Dallas from an interview with Mrs. Paine, but no FBI agents had interviewed him there before the assassination. The FBI had not regarded him as a potential killer.[A12-99]

Speculation.--The FBI probably knew that Oswald had the rifle before the President’s murder because it was most unlikely that it could have traced the ownership of the rifle within 1 day if it had not already had information on the rifle.

Commission finding.--The FBI successfully traced the purchase of the rifle by Oswald within 24 hours of the assassination. It had had no previous information about the rifle.[A12-100]

Speculation.--The FBI interviewed Oswald 10 days before the assassination.

Commission finding.--The last FBI interview with Oswald, before the assassination, took place in New Orleans in August 1963, when he asked to see an FBI agent after his arrest by police for disturbing the peace, the outcome of his distribution of Fair Play for Cuba handbills. Neither Special Agent Hosty nor any other FBI agent saw or talked with Oswald between his return to Dallas, on October 3, and November 22. Hosty did interview Mrs. Paine at her home about Oswald on November 1 and 5, 1963. He also saw Marina Oswald briefly on November 1 at Mrs. Paine’s house, but he did not interview her.[A12-101].

CONSPIRATORIAL RELATIONSHIPS

Rumors concerning accomplices and plots linked Oswald and Ruby with each other, or with others, including Patrolman J. D. Tippit, Gen. Edwin A. Walker, and Bernard Weissman of the nonexistent American Factfinding Committee, in a conspiratorial relationship. The Commission made intensive inquiry into the backgrounds and relationships of Oswald and Ruby to determine whether they knew each other or were involved in a plot of any kind with each other or others. It was unable to find any credible evidence to support the rumors linking Oswald and Ruby directly or through others. The Commission concluded that they were not involved in a conspiratorial relationship with each other or with any third parties.

Speculation.--Lee Harvey Oswald, Jack Ruby, and Patrolman J. D. Tippit lived within a few blocks of each other.

Commission finding.--Oswald’s room was 1.3 miles from Ruby’s apartment and Tippit lived 7 miles away from Ruby. Tippit’s residence was about 7 miles from Oswald’s room.[A12-102]

Speculation.--Since Oswald did not have the money to repay the $435.61 he had received from the Department of State to cover part of the expenses of his return from Russia, he must have received help from some other source. Ruby lent Oswald money to pay back the loan and lent him small amounts of money thereafter.

Commission finding.--The Commission has no credible evidence that Oswald received any money from Ruby or anyone else to repay his State Department loan, nor that he received small amounts of money from Ruby at any time. An exhaustive analysis of Oswald’s income and expenditures, made for the Commission by an Internal Revenue Service expert, reveals that Oswald had sufficient funds to make the State Department repayments from his earnings.[A12-103]

Speculation.--Just before Oswald was shot by Ruby, he looked directly at Ruby in apparent recognition of him.

Commission finding.--The Commission has been unable to establish as a fact any kind of relationship between Ruby and Oswald other than that Oswald was Ruby’s victim. The Commission has examined television tapes and motion picture films of the shooting and has been unable to discern any facial expression that could be interpreted to signify recognition of Ruby or anyone else in the basement of the building.[A12-104]

Speculation.--The Dallas police suspected Oswald and Ruby of being involved in an attack on General Walker and planned to arrest the two when the FBI intervened, at the request of Attorney General Robert F. Kennedy, and asked the police not to do so for reasons of state.

Commission finding.--This allegation appeared in the November 29, 1963, issue (actually printed on November 25 or 26) of a German weekly newspaper, Deutsche National Zeiting und Soldaten Zeitung, published in Munich. The allegation later appeared in the National Enquirer of May 17, 1964. The Commission has been reliably informed that the statement was fabricated by an editor of the newspaper. No evidence in support of this statement has ever been advanced or uncovered. In their investigation of the attack on General Walker, the Dallas police uncovered no suspects and planned no arrests. The FBI had no knowledge that Oswald was responsible for the attack until Marina Oswald revealed the information on December 3, 1963.[A12-105]

Speculation.--Ruby and Oswald were seen together at the Carousel Club.

Commission finding.--All assertions that Oswald was seen in the company of Ruby or of anyone else at the Carousel Club have been investigated. None of them merits any credence.[A12-106]

Speculation.--Oswald and General Walker were probably acquainted with each other since Oswald’s notebook contained Walker’s name and telephone number.

Commission finding.--Although Oswald’s notebook contained Walker’s name and telephone number there was no evidence that the two knew each other. It is probable that this information was inserted at the time that Oswald was planning his attack on Walker. General Walker stated that he did not know of Oswald before the assassination.[A12-107]

Speculation.--Patrolman J.D. Tippit, Bernard Weissman, and Jack Ruby met by prearrangement on November 14, 1963, at the Carousel Club.

Commission finding.--Investigation has revealed no evidence to support this assertion. Nor is there credible evidence that any of the three men knew each other.[A12-108]

Speculation.--Ruby’s sister, Mrs. Eva Grant, said that Ruby and Tippit were “like two brothers.”

Commission finding.--Mrs. Grant has denied ever making this statement or any statement like it, saying it was untrue and without foundation. Ruby was acquainted with another Dallas policeman named Tippit, but this was G.M. Tippit of the special services bureau of the department, not the Tippit who was killed.[A12-109]

Speculation.--Jack Ruby was one of the most notorious of Dallas gangsters.

Commission finding.--There is no credible evidence that Jack Ruby was active in the criminal underworld. Investigation disclosed no one in either Chicago or Dallas who had any knowledge that Ruby was associated with organized criminal activity.[A12-110]

Speculation.--The shooting in Dallas on January 23, 1964, of Warren A. Reynolds, who witnessed the flight of Patrolman Tippit’s slayer on November 22 and followed him for a short distance, may have been connected in some way with the assassination of President Kennedy and the slaying of Patrolman Tippit. A man arrested for the attempt on Reynolds, Darrell Wayne Garner, was released as a result, in part, of testimony by Betty (Nancy Jane Mooney) MacDonald, who had allegedly worked at one time as a stripper at Jack Ruby’s Carousel Club.

Commission finding.--This rumor, originally publicized by a newspaper columnist on February 23, 1964, was apparently based on the alleged connection between Betty MacDonald and the Carousel Club. Investigation revealed no evidence that she had ever worked at the Carousel Club. Employees of the club had no recollection that she had ever worked there. Betty MacDonald was arrested and charged with disturbing the peace on February 13, 1964. After being placed in a cell at the Dallas city jail, she hanged herself. The Commission has found no evidence that the shooting of Warren Reynolds was in any way related to the assassination of President Kennedy or the murder of Patrolman Tippit.[A12-111]

OTHER RUMORS AND SPECULATIONS

Many rumors and speculations difficult to place in the categories treated above also required consideration or investigation by the Commission. In some way or other, much of this miscellany was related to theories of conspiracy involving Oswald. The rest pertained to peripheral aspects that were of sufficient import to merit attention. The Commission’s findings are set forth below.

Speculation.--Oswald was responsible in some way for the death of Marine Pvt. Martin D. Schrand.

Commission finding.--This rumor was mentioned by at least one of Oswald’s fellow Marines. Private Schrand was fatally wounded by a discharge from a riot-type shotgun while he was on guard duty on January 5, 1958, near the carrier pier, U.S. Naval Air Station, Cubi Point, Republic of the Philippines. The official Marine investigation in 1958 found that Schrand’s death was the result of an accidental discharge of his gun and that no other person or persons were involved in the incident. The rumor that Oswald was involved in Schrand’s death in some way may have had its origin in two circumstances: (1) Oswald was stationed at Cubi Point at the time of Schrand’s death; (2) on October 27, 1957, while stationed in Japan, Oswald accidentally shot himself in the left elbow with a .22 derringer that he owned. The Commission has found no evidence that Oswald had any connection with the fatal shooting of Private Schrand.[A12-112]

Speculation.--The Texas School Book Depository is owned and operated by the city of Dallas, and Oswald was therefore a municipal employee. Accordingly, he could have secured his job at the Depository only if someone in an official capacity vouched for him.

Commission finding.--The Texas School Book Depository is a private corporation unconnected with the city of Dallas. Oswald therefore was not a municipal employee. He obtained his position at the Depository with the assistance of Mrs. Ruth Paine, who learned of a possible opening from a neighbor and arranged an interview for him with Superintendent Roy S. Truly at the Depository.[A12-113]

Speculation.--Prior to the assassination Dallas police searched other buildings in the area of the Texas School Book Depository but not the School Book Depository itself.

Commission finding.--The Dallas police and the Secret Service both notified the Commission that, other than the Trade Mart, they had searched no buildings along the route of the President’s motorcade or elsewhere in Dallas in connection with the President’s visit. It was not Secret Service practice to search buildings along the routes of motorcades.[A12-114]

Speculation.--Sheriff E. J. Decker of Dallas County came on the police radio at 12:25 p.m. with orders to calm trouble at the Texas School Book Depository.

Commission finding.--The final edition of the Dallas Times-Herald of November 22 (p. 1, col. 1) reported that “Sheriff Decker came on the air at 12:25 p.m.” and stated: “‘I don’t know what’s happened. Take every available man from the jail and the office and go to the railroad yards off Elm near the triple underpass.’” The article in the Times-Herald did not mention the time that the President was shot. The radio log of the Dallas County Sheriff’s Office shows that Sheriff Decker came on the air at 40 seconds after 12:30 p.m. and stated: “Stand by me. All units and officers vicinity of station report to the railroad track area, just north of Elm--Report to the railroad track area, just north of Elm.” The radio log does not show any messages by Sheriff Decker between 12:20 p.m. and 40 seconds after 12:30 p.m.[A12-115]

Speculation.--Police precautions in Dallas on November 22 included surveillance of many people, among them some who did no more than speak in favor of school integration.

Commission finding.--The Dallas Police Department notified the Commission that on November 22 it had no one under surveillance as a precaution in connection with President Kennedy’s visit except at the Trade Mart. The Commission received no evidence that the Dallas police had under surveillance people who spoke in favor of school integration.[A12-116]

Speculation.--Oswald was seen at shooting ranges in the Dallas area practicing firing with a rifle.

Commission finding.--Marina Oswald stated that on one occasion in March or April 1963, her husband told her that he was going to practice firing with the rifle. Witnesses have testified that they saw Oswald at shooting ranges in the Dallas area during October and November 1963. Investigation has failed to confirm that the man seen by these witnesses was Oswald.[A12-117]

Speculation.--Oswald could drive a car and was seen in cars at various places.

Commission-finding.--Oswald did not have a driver’s license. Marina Oswald and Ruth Paine have testified that he could not drive a car, and there is no confirmed evidence to establish his presence at any location as the driver of a car. Mrs. Paine did give Oswald some driving lessons and he did drive short distances on these occasions.[A12-118]

Speculation.--Oswald received money by Western Union telegraph from time to time for several months before the assassination of President Kennedy.

Commission finding.--An employee in the Western Union main office in Dallas, C. A. Hamblen, made statements that he remembered seeing Oswald there on some occasions collecting money that had been telegraphed to him. In his testimony before the Commission, Hamblen was unable to state whether or not the person he had seen was Lee Harvey Oswald. Western Union officials searched their records in Dallas and other cities for the period from June through November 1963 but found no money orders payable to Lee Oswald or to any of his known aliases. A Western Union official concluded that the allegation was “a figment of Mr. Hamblen’s imagination.”[A12-119] The Commission has found no evidence to contradict this conclusion.[A12-120]

Speculation.--On his way back from Mexico City in October 1963, Oswald stopped in Alice, Tex., to apply for a job at the local radio station.

Commission finding.--This rumor apparently originated with the manager of radio station KOPY, Alice, who stated that Oswald visited his office on the afternoon of October 4 for about 25 minutes. According to the manager, Oswald was driving a battered 1953 model car and had his wife and a small child in the car with him. Oswald traveled from Mexico City to Dallas by bus, arriving in Dallas on the afternoon of October 3. The bus did not pass through Alice. On October 4, Oswald applied for two jobs in Dallas and then spent the afternoon and night with his wife and child at the Paine residence in Irving. Investigation has revealed that Oswald did not own a car and there is no convincing evidence that he could drive a car. Accordingly, Oswald could not have been in Alice on October 4. There is no evidence that he stopped in Alice to look for a job on any occasion.[A12-121]

Speculation.--Oswald or accomplices had made arrangements for his getaway by airplane from an airfield in the Dallas area.

Commission finding.--Investigation of such claims revealed that they had not the slightest substance. The Commission found no evidence that Oswald had any prearranged plan for escape after the assassination.[A12-122]

Speculation.--One hundred and fifty dollars was found in the dresser of Oswald’s room at 1026 North Beckley Avenue after the assassination.

Commission finding.--No money was found in Oswald’s room after the assassination. Oswald left $170 in the room occupied by his wife at the Paine residence in Irving. At the time of his arrest Oswald had $13.87 on his person.[A12-123]

Speculation.--After Oswald’s arrest, the police found in his room seven metal file boxes filled with the names of Castro sympathizers.

Commission finding.--The Dallas police inventories of Oswald’s property taken from his room at 1026 North Beckley Avenue do not include any file boxes. A number of small file boxes listed in the inventory as having been taken from the Paine residence in Irving contained letters, pictures, books and literature, most of which belonged to Ruth Paine, not to Oswald. No lists of names of Castro sympathizers were found among these effects.[A12-124]

Speculation.--Oswald’s letters vary so greatly in quality (spelling, grammar, sentence structure) that he must have had help in preparing the better constructed letters or someone else wrote them for him.

Commission finding.--There is no evidence that anyone in the United States helped Oswald with his better written letters or that anyone else wrote his letters for him. His wife stated that he would write many drafts of his more important letters. His mother indicated that he would work hard over the drafts of some of his letters. It is clear that he did take greater pains with some of his letters than with others and that the contrasts in quality were accordingly substantial. It is also clear that even his better written letters contained some distinctive elements of spelling, grammar, and punctuation that were common to his poorer efforts. Oswald wrote in his diary that he received help from his Intourist Guide, Rima Shirokova, in the preparation of his letter of October 16, 1959, to the Supreme Soviet.[A12-125]

Speculation.--A Negro janitor who was a witness to the shooting and was supposed to be able to identify Oswald as the killer was held in protective custody by the Dallas police until he could appear before the President’s Commission on the Assassination of President Kennedy.

Commission finding.--Investigation revealed that this story had no foundation in fact. No such witness was kept in protective custody by the Dallas police for appearance before the Commission. The story had its origin in a newspaper account based on hearsay.[A12-126]

Speculation.--The Secret Service incarcerated Marina Oswald immediately after the assassination.

Commission finding.--Marina Oswald was given protection by the Secret Service for a period of time after the assassination. She had freedom to communicate with others at anytime she desired, to go where she pleased, or to terminate the protection at any time.[A12-127]

Speculation.--Mrs. Marguerite Oswald was shown a photograph of Jack Ruby by an FBI agent the night before Ruby killed her son.

Commission finding.--On the night of November 23, 1963, Special Agent Bardwell D. Odum of the FBI showed Mrs. Marguerite Oswald a picture of a man to determine whether the man was known to her. Mrs. Oswald stated subsequently that the picture was of Jack Ruby. The Commission has examined a copy of the photograph and determined that it was not a picture of Jack Ruby.[A12-128]

Speculation.--The son of the only witness to the Tippit slaying was arrested after talking to some private investigators and soon plunged to his death from an unbarred jail window.

Commission finding.--According to Mrs. Helen Markham, one of the witnesses to the Tippit slaying, Mrs. Marguerite Oswald and two men who claimed to be reporters from Philadelphia sought to interview her on June 27, 1964. Mrs. Markham did not wish to be interviewed and put them off. Afterward, Mrs. Markham’s son, William Edward Markham, talked with Mrs. Oswald and the men about the Oswald matter and the shooting of Patrolman Tippit. William Edward Markham had been in Norfolk, Va., at the time of the assassination and had not returned to Dallas until May 7, 1964. He had no personal knowledge of the shooting of Patrolman Tippit. On June 30, 1964, another of Mrs. Markham’s sons, James Alfred Markham, was arrested at Mrs. Markham’s apartment by Dallas Police on a charge of burglary. While trying to escape, he fell from the bathroom of the apartment to a concrete driveway about 20 feet below. He was taken to Parkland Memorial Hospital, treated for injuries, and after 6½ hours was taken to jail. As of July 31, 1964, he was in Dallas County Jail awaiting trial. There was also a warrant outstanding against him for parole violation.[A12-129]

Speculation.--The headquarters detachment of the U.S. Army, under orders from [Secretary of Defense Robert S.] McNamara’s office, began to rehearse for the funeral more than a week before the assassination.

Commission finding.--This assertion is based on an interview with U.S. Army Capt. Richard C. Cloy that appeared in the Jackson, Miss., Clarion-Ledger of February 21, 1964. The newspaper quotes Captain Cloy, who was a member of the Army unit charged with conducting funeral ceremonials in honor of deceased Chiefs of State, as having said that, “we were in a state of readiness and had just finished a funeral rehearsal because there was grave concern for President Hoover’s health. But we never expected that our practice was preparing us for President Kennedy.”[A12-130]

Speculation.--The ship in which Oswald went to Europe in 1959 stopped in Havana on the way.

Commission finding.--Oswald boarded the SS Marion Lykes in New Orleans and it sailed on September 20, 1959. It docked in Le Havre, France, on October 8 with only one previous stop--at another French port, La Pallice.[A12-131]

APPENDIX XIII

Biography of Lee Harvey Oswald

EARLY YEARS

Marguerite Claverie, the mother of Lee Harvey Oswald, was born in New Orleans in 1907,[A13-1] into a family of French and German extraction.[A13-2] Her mother died a few years after Marguerite was born, leaving her and five other young children in the care of their father, a streetcar conductor.[A13-3] Although Marguerite describes herself as “a child of one parent,” she recalls being “one of the most popular young ladies in the [grammar] school,” and thinks of her childhood as a “very full happy” one.[A13-4] Her older sister, Mrs. Lillian Murret, remembers Marguerite as “a very pretty child, a very beautiful girl,”[A13-5] as does a former acquaintance, Clem H. Sehrt, who knew the Claveries.[A13-6] The family was poor but, according to Mrs. Murret, was a “happy family * * * singing all the time.”[A13-7] Marguerite had 1 year of high school.[A13-8] Shortly before she was 17, she went to work as a receptionist for a law firm in New Orleans.[A13-9]

In August 1929, while she was still working at the law firm, Marguerite married Edward John Pic, Jr.,[A13-10] a quiet man of her own age, who worked as a clerk for T. Smith & Son, a New Orleans stevedoring company.[A13-11] The marriage was not a success, and by the summer of 1931 she and Pic were separated.[A13-12] Marguerite was then 3 months pregnant; she told her family that Pic did not want any children and refused to support her.[A13-13] Pic ascribed the separation simply to their inability to get along together.[A13-14] A boy was born on January 17, 1932, whom Marguerite named John Edward Pic.[A13-15] Pic saw his son occasionally until he was about 1 year old; after that, he did not see the boy again[A13-16] but contributed to his support until he was 18 years old.[A13-17]

During her separation from her first husband, Marguerite saw a great deal of Robert Edward Lee Oswald, an insurance premium collector,[A13-18] who also was married but was separated from his wife.[A13-19] In 1933, Marguerite was divorced from Pic[A13-20] and, Oswald’s wife also having obtained a divorce,[A13-21] they were married in a Lutheran church on July 20.[A13-22] Marguerite has described the period of her marriage to Oswald as “the only happy part” of her life.[A13-23] A son was born on April 7, 1934, who was named for his father;[A13-24] Oswald wanted to adopt John Pic, but his mother objected on the ground that John’s father might cut off the support payments.[A13-25] In 1938, the Oswalds purchased a new house on Alvar Street for $3,900,[A13-26] in what John remembered as “a rather nice neighborhood.”[A13-27] The house was across the street from the William Frantz School,[A13-28] which first John and later both he and Robert, Jr., attended.[A13-29] On August 19, 1939, little more than a year after the Oswalds bought the Alvar Street house, Robert Oswald died suddenly of a heart attack.[A13-30]

Two months later, on October 18, 1939, a second son was born.[A13-31] He was named Lee after his father; Harvey was his paternal grandmother’s maiden name.[A13-32] For a while after her husband’s death, Mrs. Oswald remained in the Alvar Street house without working; she probably lived on life insurance proceeds.[A13-33] Sometime in 1940, she rented the house to Dr. Bruno F. Mancuso, the doctor who had delivered Lee.[A13-34] (Dr. Mancuso continued to rent the house until 1944,[A13-35] when Marguerite obtained a judgment of possession against him.[A13-36] She sold the house for $6,500 to the First Homestead and Savings Association, which resold it to Dr. Mancuso.)[A13-37] She herself moved to a rented house at 1242 Congress Street, where she lived for about half a year.[A13-38] For part of this period after Oswald’s death, the two older boys were placed in the Infant Jesus College, a Catholic boarding school in Algiers, La., a suburb of New Orleans.[A13-39] Neither they nor their mother liked this arrangement,[A13-40] which John thought was intended to save money;[A13-41] it lasted for less than a year, after which the boys returned to the school Frantz and then transferred to the George Washington Elementary School.[A13-42]

On March 5, 1941, Mrs. Oswald purchased a frame[A13-43] house at 1010 Bartholomew Street, for $1,300.[A13-44] According to John’s recollection, the neighborhood was not as pleasant as Alvar Street; the house had a backyard, and the family kept a dog named “Sunshine.”[A13-45] A neighbor, Mrs. Viola Peterman, recalls that Mrs. Oswald kept to herself but appeared to be “a good mother to her children.”[A13-46] She opened a shop in the front room, where she sold things like sewing supplies and small groceries.[A13-47] Oswald’s Notion Shop, as it was called,[A13-48] failed to make money,[A13-49] and on January 16, 1942, Mrs. Oswald sold the house back to the Third District Home Association, from which she had purchased it, for a profit of $800.[A13-50]

Probably in contemplation of the sale of the house, Mrs. Oswald applied in December 1941 to the Evangelical Lutheran Bethlehem Orphan Asylum Association for the admission of her two older sons to the orphan asylum, known as the Bethlehem Children’s Home; she stated on the application that she could contribute $20 per month to their maintenance and would supply shoes and clothing.[A13-51] She had inquired also about Lee, who was too young to be admitted.[A13-52] John and Robert were accepted and entered the home on January 3, 1942.[A13-53]

Mrs. Oswald moved to an apartment at 831 Pauline Street,[A13-54] and returned to work. In December 1942, she listed her occupation as “telephone operator”;[A13-55] this may be the job she held at the Pittsburgh Plate Glass Co., a company for which she worked at some point during this period.[A13-56] She left Lee for much of this time with his aunt, Mrs. Murret, who thought him a good looking, friendly child, but could not devote a great deal of attention to him because she had five children of her own.[A13-57] In the late spring of 1942, Lee was watched for several weeks by Mrs. Thomas Roach, who lived with her husband in the same house as the Oswalds.[A13-58] Lee evidently did not get along with Mrs. Roach who told the next occupant of the house that Lee was a bad, unmanageable child who threw his toy gun at her.[A13-59] Apparently referring to the Roaches, Mrs. Oswald testified that she had once hired a couple to care for Lee; the couple neglected him, so she “put them out” and cared for Lee herself until Mrs. Murret was able to help her again.[A13-60] Soon after the incident with the Roaches, Mrs. Oswald moved again,[A13-61] this time to 111 Sherwood Forest Drive, near the Murrets.[A13-62]

Mrs. Murret took care of Lee for several months longer. Near Lee’s third birthday, Mrs. Oswald again inquired about his admission into the Bethlehem Children’s Home,[A13-63] perhaps because a disagreement with her sister made it impossible to leave him with her any longer.[A13-64] He was admitted on December 26.[A13-65] On his application, Mrs. Oswald agreed to contribute $10 per month and to supply shoes and clothing, as for the other boys.[A13-66]

Lee remained in the home for about 13 months, but according to John’s testimony, left on several occasions to spend short periods of time with his mother or the Murrets.[A13-67] John and Robert have pleasant memories of the home,[A13-68] which apparently gave the children a good deal of freedom.[A13-69] Robert described it as nondenominational but having “a Christian atmosphere”; “it might have been just a Protestant home.”[A13-70] Mrs. Oswald visited them regularly,[A13-71] and they occasionally left the home to visit her or the Murrets.[A13-72]

In July 1943, Mrs. Oswald was hired to manage a small hosiery store.[A13-73] This is probably the store to which she referred in her testimony as the “Princess Hosiery Shop on Canal Street,” at which, she testified, she was left by herself and “in 6 days’ time * * * hired four girls.”[A13-74] Her employer remembers her as a neat, attractive, and hardworking woman, an aggressive person who would make a good manager.[A13-75] She was not good with figures, however, and after several months he discharged her.[A13-76] At about this same time, she met Edwin A. Ekdahl, an electrical engineer older than herself, who was originally from Boston but was then working in the area.[A13-77] They saw each other often. Ekdahl met the boys[A13-78] and, according to John’s testimony, on at least one occasion, they all spent a weekend at a summer resort area in Covington, La.[A13-79]

By January 1944, Mrs. Oswald and Ekdahl had decided to marry.[A13-80] She withdrew Lee from the Children’s Home[A13-81] and moved with him to Dallas, where Ekdahl expected to be located.[A13-82] They planned to postpone the marriage until the end of the school year so that the older boys could complete the year at the home before they left it.[A13-83] In the meantime, she would care for Ekdahl,[A13-84] who was recovering from a serious illness, probably a heart attack.[A13-85] Mrs. Oswald has testified that when she arrived in Dallas, she decided that she did not want to marry Ekdahl after all.[A13-86] Using part of the proceeds from the sale of the Alvar Street house,[A13-87] she purchased a house at 4801 Victor Street,[A13-88] a portion of which she rented.[A13-89] In June, John and Robert left the Children’s Home and joined their mother in Dallas.[A13-90] They entered the nearby Davy Crockett Elementary School the following September.[A13-91]

Ekdahl visited Mrs. Oswald on weekends and stayed at Victor Street.[A13-92] By the following year she had resolved her doubts about marrying him, influenced in part by his substantial income[A13-93] and perhaps by the visit some time earlier of his sister, who favored the marriage because of his ill health.[A13-94] Explaining that she expected to travel a great deal, Mrs. Oswald tried unsuccessfully to return the older boys to the home in February 1945.[A13-95] She and Ekdahl were married in May.[A13-96] After a brief honeymoon, they returned to Victor Street.[A13-97]

Ekdahl got along well with the boys, on whom he lavished much attention.[A13-98] John testified that Ekdahl treated them as if they were his own children and that Lee seemed to find in Ekdahl “the father he never had”; John recalled that on one occasion he told Lee that Ekdahl and his mother had become reconciled after a separation, and that “this seemed to really elate Lee, this made him really happy that they were getting back together.”[A13-99]

Because Ekdahl’s business required him to make frequent trips, in September, John and Robert were placed in the Chamberlain-Hunt Military Academy at Port Gibson, Miss.;[A13-100] their mother paid the tuition herself, using the proceeds from the sale of the Alvar Street property.[A13-101] They remained at the academy for the next 3 years, returning home only for vacations.[A13-102] Lee accompanied his parents on their travels.[A13-103] Mrs. Myrtle Evans, who had known both Marguerite and Ekdahl before their marriage,[A13-104] testified that Marguerite insisted on keeping Lee with her; Mrs. Evans thought that Marguerite was “too close” to Lee and “spoiled him to death,” which hurt her marriage to Ekdahl.[A13-105]

Sometime in the fall after John and Robert were at boarding school, the Ekdahls moved to Benbrook, a suburb of Fort Worth, where they lived on Granbury Road,[A13-106] in a house of stone or brick, set on a large plot of land.[A13-107] Records of the Benbrook Common School show Lee’s admission into the first grade on October 31; his birth date is incorrectly given as July 9, 1939, his mother presumably having given that date to satisfy the age requirement.[A13-108] On February 8, 1946, he was admitted to the Harris Hospital in Fort Worth with “acute mastoiditis.”[A13-109] A mastoidectomy was performed without complications, and Lee left the hospital in 4 days.[A13-110] (In 1955, Lee indicated on a school form that he had an “abnormal ear drum in left ear,”[A13-111] presumably a reference to the mastoidectomy; but when he entered the Marines 1 year later, physical examination disclosed no physical defects.)[A13-112]

The Ekdahls’ marriage quickly broke down. Before they had been married a year, Marguerite suspected Ekdahl of infidelity.[A13-113] She thought him stingy,[A13-114] and there were frequent arguments about his insistence that she account for her expenditures and his refusal to share his money with her.[A13-115] In the summer of 1946, she left Ekdahl, picked up John and Robert at Chamberlain-Hunt, and moved with the boys to Covington, La.,[A13-116] where they lived for at least part of the time at 311 Vermont Street. [A13-117] Mrs. Evans described them at Covington, possibly during this summer, as “really a happy family”; Lee seemed like a normal boy but “kept to himself” and seemed not “to want to be with any other children.”[A13-118] The separation continued after the two boys returned to boarding school, and in September Lee was enrolled in the Covington Elementary School.[A13-119] His record at Benbrook had been satisfactory--he was present on 82 school days and absent on 15, and received all A’s and B’s[A13-120]--but he had not completed the work of the first grade, in which he was enrolled for a second time.[A13-121]

Lee received no grades at the Covington School, from which he was withdrawn on January 23, 1947,[A13-122] because his parents, now reconciled, were moving to Fort Worth, where they lived at 1505 Eighth Avenue.[A13-123] Four days later, he enrolled in the Clayton Public School; he was still in the first grade, which he completed in May with B’s in every subject except physical education and health, in which he received A’s.[A13-124] In the fall, he entered the second grade in the same school but, relations between his parents having deteriorated again, was withdrawn before any grades were recorded.[A13-125]

After the move to Fort Worth, the Ekdahls continued to argue frequently; according to John, “they would have a fight about every other day and he would leave and come back.”[A13-126] That summer, Marguerite obtained what she regarded as proof that Ekdahl was having some sort of affair. According to her testimony, a neighbor told her that Ekdahl had been living on Eighth Avenue with another woman while she was in Covington.[A13-127] Then, at a time when Ekdahl was supposed to be out of town,[A13-128] she went with John and several of his friends to an apartment in Fort Worth; one of the boys posed as a telegram carrier, and when the door opened she pushed her way into the apartment and found Ekdahl in his shirt sleeves in the company of a woman in a negligee.[A13-129]

Despite this apparent confirmation of her suspicions, Marguerite continued to live with Ekdahl until January 1948.[A13-130] In January, according to Ekdahl’s allegations in the subsequent divorce proceedings, she “directed * * * [him] to leave the home immediately and never to return,” which he did.[A13-131] Ekdahl filed suit for divorce in March.[A13-132] The complaint alleged that Marguerite constantly nagged Ekdahl and argued “with reference to money matters,” accused him of infidelity, threw things at him, and finally ordered him out of the house; that these acts were unprovoked by Ekdahl’s conduct toward her; that her acts endangered his already impaired health; and that her “excesses, harsh and cruel treatment and outrages” toward him made it impossible for them to live together.[A13-133] She denied all these allegations.[A13-134] After a trial, at which John testified and, he thought, Lee was called to the stand but was excused without testifying,[A13-135] the jury found on special issues that Marguerite was “guilty of excesses, cruel treatment, or outrages” unprovoked by Ekdahl’s conduct.[A13-136] On June 24, the court granted the divorce and approved an agreement between the parties disposing of their property between them and awarding Marguerite $1,500; at her request, the divorce restored to Marguerite her former name, Marguerite C. Oswald.[A13-137]

While the divorce suit was pending, Marguerite moved from Eighth Avenue to a house on 3300 Willing Street, next to railroad tracks.[A13-138] The boys found her there in May when they returned from the military academy; for John, the move signified that they “were back down in the lower class again.”[A13-139] Lee’s withdrawal from the Clayton School on March 18, 1948,[A13-140] probably coincided with the move to Willing Street. He entered the Clark Elementary School on the following day, and in June completed the second grade with a record mostly of B’s and A’s.[A13-141] Philip Vinson, a classmate at the Clayton School, has described Lee at that time as “a quiet type of kid,” who “didn’t make a lot of noise.”[A13-142] Lee was “stocky and well built,” which made other boys look up to him and regard him as the leader of one of their schoolyard “gangs.”[A13-143] Vinson thought that Lee was not a bully and got along with his classmates, but had the impression that he rarely played with them or brought them home after school.[A13-144]

Shortly after the divorce, Mrs. Oswald purchased a small house in Benbrook, on what is now San Saba Street;[A13-145] John has testified that it had a single bedroom, in which Lee slept with his mother, and a screened porch where John and Robert slept.[A13-146] Mrs. Oswald worked at a department store in Fort Worth, and left the three boys home alone.[A13-147] A neighbor, Mrs. W. H. Bell, has stated that Lee seemed to enjoy being by himself and to resent discipline;[A13-148] another neighbor, Otis R. Carlton, stated that he once saw Lee chase John with a knife and throw it at him, an incident which, Carlton said, their mother passed off as a “little scuffle.”[A13-149] At the end of the summer, Carlton purchased the property. He stated that he appraised it at $2,750 at Mrs. Oswald’s request; she then insisted that he had made an offer to purchase at that price, which he finally agreed to do.[A13-150]

After the house was sold, the family returned to Fort Worth, a move necessitated by Mrs. Oswald’s, and now John’s, employment.[A13-151] Mrs. Oswald bought a two-bedroom, frame house at 7408 Ewing, from which Robert and Lee could walk to school.[A13-152] John, who was then 16, obtained a job as a shoe stockboy at Everybody’s Department Store; he testified that he wanted to finish high school at the military academy, but that his mother advised him to leave school and help to support the family.[A13-153] He gave her $15 per week out of his salary of $25.[A13-154] Robert returned to school.[A13-155]

Lee entered the third grade at the Arlington Heights Elementary School.[A13-156] He remained at Arlington Heights for the entire school year, completing the third grade with a satisfactory record, which included A’s in social studies, citizenship, elementary science, art, and music, and a D in spelling.[A13-157] In September 1949, he transferred to the Ridglea West Elementary School, where he remained for the next 3 years.[A13-158] Lee’s record at Ridglea is not remarkable in any respect. In the fourth and fifth grades, he received mostly B’s; in the sixth grade, B’s and C’s predominate.[A13-159] He received D’s in both the fifth and sixth grades in spelling and arithmetic; in the fourth and sixth grades, C’s are recorded for Spanish,[A13-160] which may account for his rudimentary familiarity with that language later on.[A13-161] In the fourth grade his IQ was recorded at 103; on achievement tests in each of the 3 years, he twice did best in reading and twice did worst in spelling.[A13-162]

Lee is generally characterized as an unexceptional but rather solitary boy during these years. His mother worked in a variety of jobs,[A13-163] and, according to her own testimony, told Lee not to contact her at work except in an emergency.[A13-164] He ordinarily returned home alone directly after school, in obedience to his mother’s instructions.[A13-165] A fourth grade teacher, Mrs. Clyde I. Livingston, described him as a lonely boy, quiet and shy, who did not easily form friendships with other students.[A13-166] But Richard W. Garrett has stated that he was a classmate of Lee in the fourth or fifth grade and found him easy to get along with; he recalled playing with Lee often at school and sometimes walking home together with him.[A13-167] Mrs. Livingston recalled that at Christmas 1949, Lee gave her a puppy and afterward came to her home to see the puppy and talk to her and her family.[A13-168]

Lee’s relationship with his brothers was good but limited by the difference in their ages.[A13-169] He still had a dog,[A13-170] but there were few children of his age in the neighborhood, and he appears to have been by himself after school most of the time.[A13-171] He read a lot,[A13-172] had a stamp collection, and played chess and Monopoly with his brothers.[A13-173] Mrs. Murret remembered that on a visit to her home in New Orleans, Lee refused to play with other children or even to leave the house; he preferred to stay indoors and read (mostly “funnybooks”) or listen to the radio.[A13-174] After several weeks with the Murrets, Lee wrote to his mother and asked her to come for him.[A13-175] Hiram Conway, a neighbor on Ewing Street, thought Lee was an intelligent child, who picked things up easily; although he did not recall many specific incidents to support his impressions, Conway regarded Lee as “a bad kid,” who was “quick to anger” and “mean when he was angry, just ornery.”[A13-176] John’s general picture of Lee in these years is that of “a normal healthy robust boy who would get in fights and still have his serious moments.”[A13-177]

John returned to high school in January 1949, but continued to work part time.[A13-178] Early in 1950, he entered the Coast Guard.[A13-179] Robert left school soon after John’s departure and went to work full time, contributing most of his earnings to the support of his family.[A13-180] He returned to school in 1951-52, and after completing his junior year in high school, joined the Marines in July 1952.[A13-181] In August, Mrs. Oswald and Lee moved to New York, where John was living with his wife and a very young baby in an apartment at 325 East 92d Street; the apartment belonged to John’s mother-in-law, who was temporarily away.[A13-182] Mrs. Oswald has explained that with Robert gone she did not want Lee to be alone while she worked and that she went to New York City “not as a venture,” but because she “had family” there.[A13-183]

The visit began well. John testified of his meeting with Lee: “We met in the street and I was real glad to see him and he was real glad to see me. We were real good friends.”[A13-184] He took about a week of leave and showed Lee the city; he remembered trips to the Museum of Natural History and Polk’s Hobby Shop, and a ride on the Staten Island ferry.[A13-185] But when it became obvious that his mother intended to stay, the atmosphere changed. Mrs. Oswald did not get along with John’s wife, with whom she quarreled frequently.[A13-186] There was difficulty about her failure to contribute anything towards her own and Lee’s support.[A13-187] According to John, his wife liked Lee and would have been glad to have him alone stay with them but felt that his mother set Lee against her; they never suggested that Lee remain with them since they knew that it would not work out.[A13-188] The visit ended when Lee threatened Mrs. Pic with a pocket knife during a quarrel,[A13-189] and she asked Mrs. Oswald to leave.[A13-190] John testified that during this same quarrel Lee hit his mother, who appeared to have lost all control over him.[A13-191] The incident permanently destroyed the good relationship between Lee and his brother.[A13-192]

Mrs. Oswald and Lee moved uptown to a one-room basement apartment[A13-193] in the Bronx, at 1455 Sheridan Avenue.[A13-194] While they were still at the Pics, he had been enrolled at the Trinity Evangelical Lutheran School on Watson Avenue.[A13-195] He was withdrawn on September 26, after several weeks of irregular attendance, and 4 days later enrolled in the seventh grade of Public School 117, a junior high school.[A13-196] Mrs. Oswald found a job at one of the Lerner Shops, a chain of dress shops for which she had worked briefly in Fort Worth several years before.[A13-197] In January, they moved again, to 825 East 179th Street,[A13-198] and a few weeks later, she left the employ of Lerner Shops.[A13-199] In April, she was working at Martin’s Department Store in Brooklyn, where she earned $45 per week;[A13-200] in May, she went to work for a chain of hosiery shops, with which she remained until December.[A13-201] Lee was registered at Public School 117 until January 16, 1953,[A13-202] although the move to 179th Street, which took him out of that school district, probably took place before that date.[A13-203] He had been at Public School 117 for 64 schooldays, out of which he had been present on 15 full and 2 half days;[A13-204] he had received failing grades in most of his courses.[A13-205]

Lee’s truancy increased after he moved; he was now located in the school district of Public School 44 but refused to go to school there.[A13-206] On one occasion that spring, an attendance officer located Lee at the Bronx Zoo; the officer testified that Lee was clean and well dressed, but was surly and referred to the officer as a “damned Yankee.”[A13-207] Several truancy hearings were held in January, at the first of which at least, both Mrs. Oswald and Lee evidently failed to appear.[A13-208] At a hearing on January 27, by which time it was known that Lee was living in the Public School 44 district, it was decided to commence judicial proceedings if his truancy continued.[A13-209] Meanwhile, on January 16, his mother called the Community Service Society, to which she had been referred by the Federation of Protestant Welfare Agencies, and asked for an appointment to discuss the problem.[A13-210] She mentioned that a truancy hearing had been held and said that Lee would not attend school despite the threat of official action; she thought that his behavior was due to difficulty in adjusting to his new environment.[A13-211] An appointment was scheduled for January 30, but she failed to appear, and the case was closed.[A13-212] Sometime in February, the Pics visited the Oswalds. John testified that his mother told him about Lee’s truancy and asked how she could get Lee to accept psychiatric aid. Nothing came of these discussions.[A13-213]

On March 12, the attendance officer in charge of Lee’s case filed a petition in court which alleged that Lee had been “excessively absent from school” between October and January, that he had refused to register at Public School 44 or to attend school there, and that he was “beyond the control of his mother insofar as school attendance is concerned.”[A13-214] On the same day, Mrs. Oswald appeared in court alone and informed the presiding judge that Lee refused to appear in court.[A13-215] Evidently impressed by the proceedings, however, Lee did register at Public School 44 on March 23.[A13-216] Nevertheless, on April 16, Justice Delany declared him a truant, and remanded him to Youth House until May 7 for psychiatric study.[A13-217]

In accordance with the regular procedures at Youth House, Lee took a series of tests and was interviewed by a staff social worker and a probation officer, both of whom interviewed Mrs. Oswald as well.[A13-218] Their findings, discussed more fully in chapter VII of the Commission’s report, indicated that Lee was a withdrawn, socially maladjusted boy, whose mother did not interest herself sufficiently in his welfare and had failed to establish a close relationship with him.[A13-219] Mrs. Oswald visited Lee at Youth House and came away with a highly unfavorable impression; she regarded it as unfit for her son.[A13-220] On the basis of all the test results and reports and his own interview with Lee, Dr. Renatus Hartogs, the chief staff psychiatrist, recommended that Lee be placed on probation with a requirement that he seek help from a child guidance clinic, and that his mother be urged to contact a family agency for help; he recommended that Lee not be placed in an institution unless treatment during probation was unsuccessful.[A13-221]

Lee returned to court on May 7. He and his mother appeared before Justice McClancy, who discussed the Youth House reports with them.[A13-222] He released Lee on parole until September 24, and requested that a referral be made to the Community Service Society for treatment.[A13-223] The probation officer called the society on the same day but was told that it would probably not be able to take the case because of its already full case load and the intensive treatment which Lee was likely to require;[A13-224] it confirmed this position 1 week later and closed the case on May 31.[A13-225] An application was made to the Salvation Army also, which turned it down because it could not provide the needed services.[A13-226]

During the few weeks of school which remained, Lee attended school regularly, and completed the seventh grade with low but passing marks in all his academic subjects.[A13-227] (He received a failing mark in a home economics course.)[A13-228] His conduct was generally satisfactory and he was rated outstanding in “Social-Participation”; the record indicates that he belonged to a model airplane club and had a special interest in horseback riding.[A13-229] Robert Oswald visited New York that summer, while he was on leave from the Marines.[A13-230] Lee did not appear to him to be unhappy or to be acting abnormally, nor did Robert observe that relations between Lee and his mother were strained.[A13-231] Lee’s truancy the previous fall and winter was apparently discussed only in passing, when Mrs. Oswald mentioned that Lee had had to appear before a judge.[A13-232]

On September 14, Lee entered the eighth grade at Public School 44.[A13-233] His parole was due to end 10 days later. On September 24, however, Mrs. Oswald telephoned the probation officer and advised that she could not appear in court; she added that there was no need for her to do so, since Lee was attending school regularly and was now well adjusted.[A13-234] The parole was extended until October 29, before which date the school was to submit a progress report.[A13-235] The report was highly unfavorable. Although Lee was attending school regularly, his conduct was unsatisfactory; teachers reported that he refused to salute the flag, did little work, and seemed to spend most of his time “sailing paper planes around the room.”[A13-236] On October 29, Mrs. Oswald again telephoned to say that she would be unable to appear. Justice Sicher continued Lee’s parole until November 19 and directed the probation officer to make a referral to the Berkshire Industrial Farm or Children’s Village.[A13-237]

Before the next hearing, Mrs. Oswald discussed Lee’s behavior with the school authorities, who indicated to the probation officer that Lee’s behavior improved considerably after her visit to the school.[A13-238] He did, in fact, receive passing grades in most of his subjects in the first marking period. His report also contains notations by his teachers that he was “quick-tempered,” “constantly losing control,” and “getting into battles with others.”[A13-239] Both Lee and his mother appeared in court on November 19. Despite Mrs. Oswald’s request that Lee be discharged, Justice Sicher stated his belief that Lee needed treatment, and continued his parole until January 28, 1954; the probation officer was directed to contact the Big Brothers counseling service in the meantime.[A13-240]

At the request of the probation officer, the Big Brothers office contacted Mrs. Oswald in December, and on January 4 a caseworker visited her and Lee at home.[A13-241] The caseworker reported that he was cordially received but was told by Mrs. Oswald that continued counseling was unnecessary; she pointed out to him that Lee now belonged to the West Side YMCA, which he attended every Saturday. The caseworker reported, however, that Lee was plainly “displeased with the idea of being forced to join various ‘Y’ organizations about which he cared little.” Mrs. Oswald declared her intention to return to New Orleans and was advised to obtain Lee’s release from the court’s jurisdiction before she left.[A13-242] On the following day, she called the probation officer, who was away on vacation, and was advised by his office again not to take Lee out of the jurisdiction without the court’s consent.[A13-243] The same advice was repeated to her by the Big Brothers caseworker on January 6. [A13-244] Through all these contacts, Mrs. Oswald had evidenced reluctance to bring Lee into court, prompted probably by fear that he would be retained in some sort of custody as he had been at the time of the commitment to Youth House.[A13-245] Without further communication to the court, Mrs. Oswald and Lee returned to New Orleans sometime before January 10.[A13-246] On March 11, the court dismissed the case.[A13-247]

In New Orleans, Lee and his mother stayed with the Murrets at 757 French Street while they looked for an apartment.[A13-248] Lee enrolled in the eighth grade at Beauregard Junior High School on January 13[A13-249] and completed the school year without apparent difficulty.[A13-250] He entered the ninth grade in September and again received mediocre but acceptable marks.[A13-251] In October 1954, Lee took a series of achievement tests, on which he did well in reading and vocabulary, badly in mathematics.[A13-252] At the end of the school year, on June 2, 1955, he filled out a “personal history.” He indicated that the subjects which he liked best were civics, science, and mathematics; those he liked least were English and art. His vocational preferences were listed as biology and mechanical drawing; his plans after high school, however, were noted as “military service” and “undecided.” He said that reading and outdoor sports were his recreational activities and that he liked football in particular. In response to the question whether he had “any close friends in this school,” he wrote, “no.”[A13-253]

Lee is remembered by those who knew him in New Orleans as a quiet, solitary boy who made few friends.[A13-254] He was briefly a member of the Civil Air Patrol,[A13-255] and considered joining an organization of high school students interested in astronomy;[A13-256] occasionally, he played pool or darts with his friend, Edward Voebel.[A13-257] Beyond this, he seems to have had few contacts with other people. He read a lot, starting at some point to read Communist literature which he found at the public library;[A13-258] he walked or rode a bicycle, sometimes visiting a museum.[A13-259] Except in his relations with his mother, he was not unusually argumentative or belligerent, but he seems not to have avoided fights if they came; they did come fairly frequently, perhaps in part because of his aloofness from his fellows and the traces of a northern accent in his speech.[A13-260] His only close friendship, with Voebel, arose when Voebel helped him tend his wounds after a fight.[A13-261] Friends of Mrs. Oswald thought that he was demanding and insolent toward her and that she had no control over him.[A13-262]

While Lee was in the eighth and ninth grades, Mrs. Oswald worked first at Burt’s Shoestore[A13-263] and then at the Dolly Shoe Co.[A13-264] One of her employers at Dolly, where she worked as a cashier and salesclerk, remembered her as a pleasant person and a good worker.[A13-265] At her request, the company hired Lee to work part time; he worked there, mostly on Saturdays, for about 10 weeks in 1955.[A13-266] On the “personal history” record which he filled out in school, he stated that he had been a “retail shoesalesman”;[A13-267] but his employer recalled that they had tried to train him as a salesman without success and that he had in fact been a stockboy.[A13-268]

After a short period with the Murrets, Mrs. Oswald and Lee had moved to an apartment owned by Myrtle Evans at 1454 Saint Mary Street, which she and Mrs. Murret helped to furnish; later they moved to a less expensive apartment in the same building, the address of which was 1452 Saint Mary Street.[A13-269] Relations between Mrs. Oswald and Mrs. Evans became strained,[A13-270] and in the spring of 1955 the Oswalds moved to a new apartment at 126 Exchange Place in the French Quarter.[A13-271] Although Lee gave the Exchange Place address on a school form at the end of the ninth grade,[A13-272] the school authorities had apparently not been advised of these moves earlier, because Mrs. Oswald did not want Lee to be transferred from Beauregard, which she considered a good school.[A13-273] During the summer of 1955, Robert left the Marine Corps and spent a week with his mother and Lee in New Orleans before moving to Fort Worth; he found Lee unchanged.[A13-274]

That fall, Lee entered the 10th grade at Warren Easton High School.[A13-275] He had been there for about a month when he presented to the school authorities a note written by himself to which he had signed his mother’s name. It was dated October 7, 1955, and read:

To whom it may concern,

Becaus we are moving to San Diego in the middle of this month Lee must quit school now. Also, please send by him any papers such as his birth certificate that you may have. Thank you.

Sincirely Mrs. M. Oswald[A13-276]

He dropped out of school a few days later, shortly before his 16th birthday.[A13-277] After his birthday, he tried to enlist in the Marines, using a false affidavit from his mother that he was 17.[A13-278] (Some years before, John Pic had joined the Marine Corps Reserve by means of his mother’s false affidavit that he was 17.)[A13-279] The attempt failed, and, according to his mother’s testimony, Lee spent the next year reading and memorizing the “Marine Manual,” which he had obtained from Robert and “living to when he is age 17 to join the Marines.”[A13-280] He worked for the rest of the school year. Between November 10 and January 14, he was a messenger boy for Gerald F. Tujague, Inc., a shipping company, where he earned $130 per month.[A13-281] His employer remembers him as a quiet, withdrawn person.[A13-282] In January he worked briefly as an office boy for J. R. Michels, Inc.[A13-283] For several months thereafter, he was a messenger for the Pfisterer Dental Laboratory.[A13-284] His military record subsequently described his prior civilian jobs as follows:

Performed various clerical duties such as distributing mail, delivering messages & answering telephone. Helped file records & operated ditto, letter opening & sealing machines.[A13-285]

Anticipating that Lee would join the Marines as soon as he was 17, Mrs. Oswald moved in July 1956 to Fort Worth,[A13-286] where she took an apartment at 4936 Collinswood for herself, Lee, and Robert.[A13-287] In September, Lee enrolled in the 10th grade at the Arlington Heights High School[A13-288] but attended classes for only a few weeks. He dropped out of school on September 28.[A13-289] A few days later, he wrote the following letter to the Socialist Party of America:

October 3, 1956

Dear Sirs;

I am sixteen years of age and would like more information about your youth League, I would like to know if there is a branch in my area, how to join, ect., I am a Marxist, and have been studying socialist principles for well over fifteen months I am very interested in your Y.P.S.L.

Sincerely

/s/ Lee Oswald[A13-290]

Accompanying the letter was an advertisement coupon, on which he had checked the box requesting information about the Socialist Party.[A13-291]

Lee became 17 on October 18. He enlisted in the Marines on October 24.[A13-292]

MARINES

On October 26, 1956, Lee Harvey Oswald reported for duty at the Marine Corps Recruit Depot in San Diego, Calif., where he was assigned to the Second Recruit Training Battalion.[A13-293] He was 68 inches tall and weighed 135 pounds; he had no physical defects.[A13-294] On October 30, he took a series of aptitude tests, on which he scored significantly above the Marine Corps average in reading and vocabulary and significantly below the average in tests in arithmetic and pattern analysis. His composite general classification score was 105, 2 points below the Corps average. He scored near the bottom of the lowest group in a radio code test.[A13-295] His preference of duty was recorded as Aircraft Maintenance and Repair, the duty assignment for which he was recommended.[A13-296]

While he was at San Diego, Oswald was trained in the use of the M-1 rifle.[A13-297] His practice scores were not very good,[A13-298] but when his company fired for record on December 21, he scored 212, 2 points above the score necessary to qualify as a “sharpshooter” on a marksman/sharpshooter/expert scale.[A13-299] He did not do nearly as well when he fired for record again shortly before he left the Marines.[A13-300] He practiced also with a riot gun and a .45-caliber pistol when he was in the Marines but no scores were recorded.[A13-301]

Oswald was given a 4.4 rating in both “conduct” and “proficiency” at the Recruit Depot, the highest possible rating being 5.0 and an average rating of 4.0 being required for an honorable discharge.[A13-302] On January 18, 1957, he reported to Camp Pendleton, Calif., for further training and was assigned to “A” Company of the First Battalion, Second Infantry Training Regiment.[A13-303] He was at Pendleton for a little more than 5 weeks, at the end of which he was rated 4.2 in conduct and 4.0 in proficiency.[A13-304] Allen R. Felde, a fellow recruit who was with Oswald at San Diego and Pendleton, has stated that Oswald was generally unpopular and that his company was avoided by the other men.[A13-305] When his squad was given its first weekend leave from Pendleton, all eight men took a cab to Tijuana, Mexico. Oswald left the others and did not rejoin them until it was time to return to camp. Felde said that this practice was repeated on other trips to Los Angeles; Oswald accompanied the men on the bus to and from camp but did not stay with them in the city.[A13-306] On February 27, he went on leave for 2 weeks,[A13-307] during which he may have visited his mother in Fort Worth.[A13-308]

On March 18, he reported to the Naval Air Technical Training Center at the Naval Air Station in Jacksonville, Fla.[A13-309] For the next 6 weeks he attended an Aviation Fundamental School, in which he received basic instruction in his specialty, including such subjects as basic radar theory, map reading, and air traffic control procedures.[A13-310] This course, as well as his next training assignment at Keesler Air Force Base, required Oswald to deal with confidential material.[A13-311] He was granted final clearance up to the “confidential” level on May 3, “after [a] careful check of local records had disclosed no derogatory data.”[A13-312] He completed the course on the same day, ranking 46th in a class of 54 students.[A13-313] On the previous day, he had been promoted to private, first class, effective May 1.[A13-314] At Jacksonville, he received ratings of 4.7 in conduct and 4.5 in proficiency, the highest ratings he ever attained.[A13-315]

Oswald left for Keesler Air Force Base in Biloxi, Miss., on the day his course was completed;[A13-316] he traveled, probably by overnight train, in a group of six marines led by Pfc. Daniel P. Powers, the senior marine in charge.[A13-317] At Keesler, he attended the Aircraft Control and Warning Operator Course, which included instruction in aircraft surveillance and the use of radar.[A13-318] Powers was not sure whether he had met Oswald before the trip to Biloxi[A13-319] but remembers him there as “a somewhat younger individual, less matured than the other boys,” who “was normally outside the particular group of marines that were in this attachment to Keesler.”[A13-320] (Oswald was in fact 3 years younger than Powers.)[A13-321] Powers testified that Oswald had the nickname “Ozzie Rabbit.”[A13-322] Oswald generally stayed to himself, often reading; he did not play cards or work out in the gym with the others.[A13-323] He spent his weekends alone, away from the base; Powers thought he left Biloxi and perhaps went “home” to New Orleans, less than 100 miles away.[A13-324] He finished the course seventh in a class of 30 marines on June 17,[A13-325] and on June 25, was given an MOS (military occupational specialty) of Aviation Electronics Operator.[A13-326] On June 20, he went on leave,[A13-327] possibly visiting his mother.[A13-328] His ratings at Keesler were 4.2 in conduct and 4.5 in proficiency,[A13-329] which Powers thought was “pretty good.”[A13-330]

On July 9, Oswald reported at the Marine Corps Air Station at El Toro, Calif., near Santa Ana.[A13-331] He was classified as a replacement trainee and attached to the Fourth Replacement Battalion.[A13-332] Six weeks later, on August 22, he departed from San Diego for Yokosuka, Japan, on board the U.S.S. Bexar.[A13-333] Powers testified that while on board, Oswald taught him to play chess, which they played frequently, sometimes for more than 4 hours a day.[A13-334] Like most of the men on board, Oswald read a lot from the books which were available. Powers thought he read “a good type of literature,” remembering in particular Whitman’s “Leaves of Grass.”[A13-335]

The Bexar docked at Yokosuka on September 12.[A13-336] Oswald was assigned to Marine Air Control Squadron No. 1 (MACS-1), Marine Air Group 11, 1st Marine Aircraft Wing, based at Atsugi, about 20 miles west of Tokyo.[A13-337] Oswald was a radar operator in MACS-1, which had less than 100 men.[A13-338] Its function was to direct aircraft to their targets by radar, communicating with the pilots by radio.[A13-339] The squadron had also the duty of scouting for incoming foreign aircraft, such as straying Russian or Chinese planes, which would be intercepted by American planes.[A13-340]

On October 27, when Oswald opened his locker to remove some gear, a derringer .22 caliber pistol fell to the floor and discharged; the bullet hit him in the left elbow.[A13-341] Paul Edward Murphy, a fellow marine who was in the next cubicle, heard the shot, rushed in, and found Oswald sitting on the locker looking at his arm; without emotion, Oswald said to Murphy, “I believe I shot myself.”[A13-342] He was in the naval hospital at Yokosuka until November 15.[A13-343]

The Judge Advocate General concluded that Oswald had “displayed a certain degree of carelessness or negligence” by storing a loaded revolver in his locker, but that his injury was incurred “in the line of duty” and was not the result “of his own misconduct.”[A13-344] He was, however, charged with possession of an unregistered privately owned weapon in violation of general orders. A court-martial followed on April 11, 1958, when Oswald’s unit returned from maneuvers, and on April 29 he was sentenced to be confined at hard labor for 20 days, to forfeit $25 per month for 2 months, and to be reduced to the grade of private.[A13-345] The confinement was suspended for 6 months, after which that portion of the sentence was to be remitted.[A13-346]

Five days after Oswald left the hospital, MACS-1 embarked aboard the Terrell County, LST 1157, for maneuvers in the Philippine Islands area,[A13-347] According to Powers’ recollection, the squadron was expected to return to Atsugi after maneuvers were completed, but an international crisis developed; since another operation was scheduled for a few months later, the squadron debarked at Cubi Point (Subic Bay) in the Philippines and set up a temporary installation.[A13-348] While he was in the Philippines, Oswald passed a test of eligibility for the rank of corporal;[A13-349] in a semiannual evaluation, however, he was given his lowest ratings thus far: 4.0 in conduct and 3.9 in proficiency.[A13-350] The unit participated in exercises at Corregidor, from which it sailed for Atsugi on March 7, 1958, aboard the U.S.S. Wexford County, LST 1168.[A13-351] The Wexford County reached Atsugi 11 days later.[A13-352]

Oswald was court-martialed a second time on June 27, for using “provoking words” to a noncommissioned officer (a sergeant) on June 20, at the Bluebird Cafe in Yamato, and assaulting the officer by pouring a drink on him.[A13-353] The findings were that Oswald spilled the drink accidentally, but when the sergeant shoved him away, Oswald invited the sergeant outside in insulting language.[A13-354] Oswald admitted that he was rather drunk and had invited the sergeant outside but did not recall insulting him.[A13-355] He was sentenced to be confined at hard labor for 28 days and to forfeit $55;[A13-356] in addition, suspension of the previous sentence of confinement was withdrawn.[A13-357] He was in confinement until August 13.[A13-358] Meanwhile, a previously granted extension of oversea duty was canceled,[A13-359] and he was given ratings of 1.9 in conduct and 3.4 in proficiency.[A13-360]

On September 14, Oswald sailed with his unit for the South China Sea area; the unit was at Ping Tung, North Taiwan on September 30, and returned to Atsugi on October 5.[A13-361] On October 6, he was transferred out of MACS-1 and put on general duty, in anticipation of his return to the United States.[A13-362] He spent several days thereafter in the Atsugi Station Hospital.[A13-363] On October 31, he received his last oversea ratings: 4.0 in both conduct and proficiency.[A13-364]

Oswald appears generally to have been regarded by his fellows overseas as an intelligent person who followed orders and did his work well, but who complained frequently.[A13-365] He did not associate much with other marines and continued to read a great deal.[A13-366] Paul Murphy testified that Oswald could speak “a little Russian” while he was overseas.[A13-367] Powers believed that Oswald became more assertive in Japan and thought that he might have had a Japanese girl friend.[A13-368] He departed from Yokosuka on board the USNS Barrett on November 2, and arrived in San Francisco 13 days later.[A13-369] On November 19, he took 30 days’ leave.[A13-370]

On December 22, Oswald was assigned to Marine Air Control Squadron No. 9 (MACS-9) at the Marine Corps Air Station at El Toro, where he had been briefly before he went overseas.[A13-371] He was one of about seven enlisted men and three officers who formed a “radar crew,” engaged primarily in aircraft surveillance.[A13-372] This work probably gave him access to certain kinds of classified material, some of which, such as aircraft call signs and radio frequencies, was changed after his defection to Russia.[A13-373] For part of his time at El Toro, Oswald may have been assigned to clerical or janitorial tasks on the base.[A13-374] Some of his associates believed rumors,[A13-375] incorrect according to official records,[A13-376] that he had lost his clearance to work on radar crews; one recalled hearing that Oswald had once had clearance above the “confidential” level and had lost it because he “had poured beer over a staff NCO’s head in an enlisted club in Japan, and had been put in the brig.”[A13-377]

The officer in command of the radar crew, Lt. John E. Donovan, found him “competent in all functions,” and observed that he handled himself calmly and well in emergency situations.[A13-378] Donovan thought Oswald was not a leader but that he performed competently on occasions when, as the senior man present, he served as crew chief.[A13-379] This estimate was generally shared by his fellows, most of whom thought that he performed his assigned duties adequately but was deficient in disciplinary matters and such things as barracks inspection.[A13-380] One of them recalled that after a number of bad inspections, the other members of Oswald’s quonset hut complained about him and secured his transfer to another hut.[A13-381] He was thought to be an intelligent person, somewhat better educated and more intellectually oriented than other men on the base.[A13-382] A few of the men thought it more accurate to describe him as someone who wanted to appear intelligent.[A13-383] He had a pronounced interest in world affairs, in which he appears to have been better informed than some of the officers, whose lack of knowledge amused and sometimes irritated him; he evidently enjoyed drawing others, especially officers, into conversations in which he could display his own superior knowledge.[A13-384]

It seems clear from the various recollections of those who knew him at El Toro that by the time Oswald returned to the United States, he no longer had any spirit for the Marines; the attitudes which had prompted his enlistment as soon as he was eligible were entirely gone, and his attention had turned away from the Marines to what he might do after his discharge. While no one was able to predict his attempt to defect to Russia within a month after he left the Marines, the testimony of those who knew him at El Toro, in contrast to that of his associates in Japan, leaves no doubt that his thoughts were occupied increasingly with Russia and the Russian way of life. He had studied the Russian language enough by February 25, 1959, to request that he be given a foreign language qualification test; his rating was “poor” in all parts of the test.[A13-385] Most of the marines who knew him were aware that he was studying Russian;[A13-386] one of them, Henry J. Roussel, Jr., arranged a date between Lee and his aunt, Rosaleen Quinn, an airline stewardess who was also studying Russian.[A13-387] (Miss Quinn thought that Oswald spoke Russian well in view of his lack of formal training; she found the evening uninteresting.[A13-388] Donovan, with whom she had a date later, testified that she told him that Oswald was “kind of an oddball.”)[A13-389] He read, and perhaps subscribed to, a newspaper, possibly printed in Russian, which his associates connected with his Russian bent.[A13-390]

Most of those who knew him were able to recount anecdotes which suggest that he was anxious to publicize his liking for things Russian, sometimes in good humor and sometimes seriously. Some of his fellows called him “Oswaldskovich,” apparently to his pleasure.[A13-391] He is said to have had his name written in Russian on one of his jackets;[A13-392] to have played records of Russian songs “so loud that one could hear them outside the barracks”;[A13-393] frequently to have made remarks in Russian[A13-394] or used expressions like “da” or “nyet,”[A13-395] or addressed others (and been addressed) as “Comrade”;[A13-396] to have come over and said jokingly, “You called?” when one of the marines played a particular record of Russian music.[A13-397]

Connected with this Russophilia was an interest in and acceptance of Russian political views and, to a lesser extent, Communist ideology. Less obvious to his fellows generally,[A13-398] it nevertheless led him into serious discussions with some of them. Donovan, who was a graduate of the School of Foreign Service of Georgetown University,[A13-399] thought Oswald was “truly interested in international affairs”[A13-400] and “very well versed, at least on the superficial facts of a given foreign situation.”[A13-401] He recalled that Oswald had a particular interest in Latin America[A13-402] and had a good deal of information about Cuba in particular.[A13-403] Oswald expressed sympathy for Castro but, according to Donovan, “what he said about Castro was not an unpopular belief at that time.”[A13-404] Donovan believed that Oswald subscribed to the Russian newspaper--which Donovan thought was a Communist newspaper--not only in order to read Russian but also because he thought it “presented a very different and perhaps equally just side of the international affairs in comparison with the United States newspapers.”[A13-405] Donovan was clear, on the other hand, that he never heard Oswald “in any way, shape or form confess that he was a Communist, or that he ever thought about being a Communist.”[A13-406]

Private Kerry Thornley described himself as a close acquaintance, but not a good friend, of Oswald, whom he met in the spring of 1959;[A13-407] he later wrote an unpublished novel in which he drew heavily on his impressions of Oswald.[A13-408] Thornley generally corroborates Donovan’s testimony but thought Oswald definitely believed that “the Marxist morality was the most rational morality to follow” and communism, “the best system in the world.”[A13-409] Thornley thought this belief was “theoretical,” a “dispassionate appraisal” which did not indicate “any active commitment to the Communist ends”; he described Oswald as “idle in his admiration for communism.”[A13-410] He recalled discussions about Marxism in which Oswald criticized capitalism and praised the Soviet economic system.[A13-411] Thornley testified that his association with Oswald ended when, in response to Oswald’s criticism of a parade in which they both had to march, he said “Well, comes the revolution you will change all that.” Oswald, he said, looked at him “like a betrayed Caesar” and walked away.[A13-412] Thornley attributed Oswald’s decision to go to Russia to a growing disillusionment with the United States, especially its role in the Far East, and a conviction that communism would eventually prevail.[A13-413] He was surprised by the decision but expected Oswald to adjust to Russian life and remain in Russia permanently.[A13-414]

Another marine, Nelson Delgado, met Oswald soon after the latter arrived at El Toro.[A13-415] They were about the same age and had similar interests; Oswald enjoyed trying to speak Spanish with Delgado, who spoke it fluently.[A13-416] Delgado regarded him as a “complete believer that our way of government was not quite right,” but did not think he was a Communist.[A13-417] Their discussions were concerned more with Cuba than Russia.[A13-418] They both favored the Castro government and talked--“dreaming,” Delgado said--about joining the Cuban Army or Government and perhaps leading expeditions to other Caribbean islands to “free them too.”[A13-419] Oswald told Delgado that he was in touch with Cuban diplomatic officials in this country; which Delgado at first took to be “one of his * * * lies,”[A13-420] but later believed.[A13-421]

Oswald’s interest in Russia and developing ideological attachment to theoretical communism apparently dominated his stay at El Toro. He was still withdrawn from most of his fellows, although his special interests appear to have made him stand out more there than he had at other posts and to have given him a source for conversation which he had hitherto lacked.[A13-422] According to several of the witnesses, names like “Ozzie Rabbit” still clung to him;[A13-423] others recalled no nickname or only shortened versions of his real name.[A13-424] His reading acquired direction; books like “Das Kapital” and Orwell’s “Animal Farm” and “1984” are mentioned in the testimony concerning this period.[A13-425] He played chess;[A13-426] according to one of his opponents he chose the red pieces, expressing a preference for the “Red Army.”[A13-427] He listened to classical music.[A13-428] For a short time, he played on the squadron football team.[A13-429] According to Donovan, who coached the team, Oswald was not very good; he lacked team spirit and often tried to call the plays, which was not his job.[A13-430] Delgado thought Oswald was a mediocre player.[A13-431] Donovan did not know whether Oswald quit or was thrown off the team.[A13-432] He spent most of his weekends alone, as he had at Keesler, and did not leave the post as often as the other men.[A13-433] Delgado once rode with him on the train to Los Angeles but separated from him there; Oswald returned to the base after one night.[A13-434] Delgado recalls that on another weekend Oswald accepted his invitation to go to Tijuana: they stayed there for one night.[A13-435]

At the end of January 1959 and at the end of July, Oswald was given his semiannual ratings, scoring 4.0 in conduct both times, and 4.0 and 4.2 in proficiency.[A13-436] (The July ratings were repeated in September, when he was transferred from MACS-9 in preparation for his discharge.)[A13-437] On March 9, he was promoted as of March 1, to the rank of private, first class, for the second time.[A13-438] He took a series of high school level general educational development tests on March 23 and received an overall rating of “satisfactory.” His best scores, in the 76th and 79th U.S. percentiles, were in English composition and physical sciences; his worst was English literature, in which he placed in the 34th percentile.[A13-439]

In the spring, Oswald applied to Albert Schweitzer College in Churwalden, Switzerland, for admission to the spring term in 1960; the application is dated March 19.[A13-440] Schweitzer is a small school, which specializes in courses in religion, ethics, science, and literature. He claimed a proficiency in Russian equal to 1 year of schooling[A13-441] and that he had completed high school by correspondence with an average grade of 85 percent.[A13-442] He listed philosophy, psychology, ideology, football, baseball, tennis and stamp-collecting as special interests, and writing short stories “on contemporary American life” as his vocational interest.[A13-443] Jack London, Charles Darwin, and Norman Vincent Peale were listed as favorite authors.[A13-444] He claimed membership in the YMCA and the “A.Y.H. Association,” and said that he had participated in a “student body movement in school” for the control of juvenile delinquency.[A13-445] Asked to give a general statement of his reasons for wanting to attend the college, he wrote:

In order to aquire a fuller understanding of that subject which interest me most, Philosophy. To meet with Europeans who can broaden my scope of understanding. To receive formal Education by Instructers of high standing and character. To broaden my knowlege of German and to live in a healty climate and Good moral atmosphere.[A13-446]

On the basis of these representations, Oswald’s application was approved by the college.[A13-447] He enclosed a registration fee of $25 in a letter dated June 19, in which he said that he was “looking forward to a fine stay.”[A13-448] Few of the other marines seem to have known about this application. He told Delgado, however, that he planned to attend a Swiss school to study psychology, and Delgado knew that some application had been made.[A13-449] Another marine, Richard Call, also knew something of his plans.[A13-450]

Oswald was obligated to serve on active duty until December 7, 1959 (the date having been adjusted to compensate for the period of confinement),[A13-451] On August 17, he submitted a request for a dependency discharge, on the ground that his mother needed his support.[A13-452] The request was accompanied by an affidavit of Mrs. Oswald and corroborating affidavits from an attorney, a doctor, and two friends, attesting that she had been injured at work in December 1958, and was unable to support herself.[A13-453] Oswald had previously made a voluntary allotment of part of his salary to his mother, under which arrangement she received $40 in August, and had submitted an application for a “Q” allotment (dependency allowance) in her behalf of $91.30; one payment of the “Q” allotment, for the month of August, was made in September.[A13-454] On August 28, the Wing Hardship or Dependency Discharge Board recommended that Oswald’s request for a discharge be approved;[A13-455] approval followed shortly.[A13-456] On September 4, he was transferred from MACS-9 to the H. & H. Squadron,[A13-457] and on September 11, he was released from active duty and transferred to the Marine Corps Reserve, in which he was expected to serve until December 8, 1962.[A13-458] He was assigned to the Marine Air Reserve Training Command at the Naval Air Station in Glenview, Ill.[A13-459]

Almost exactly 1 year later, on September 13, 1960, Oswald was given an “undesirable discharge” from the Marine Corps Reserve,[A13-460] based on:

reliable information which indicated that he had renounced his U.S. citizenship with the intentions of becoming a permanent citizen of the Union of Soviet Socialist Republics. Further, that petitioner brought discredit to the Marine Corps through adverse newspaper publicity, which was generated by the foregoing action, and had thereby, in the opinion of his commanding officer, proved himself unfit for retention in the naval service.[A13-461]

SOVIET UNION

On September 4, the day on which he was transferred out of MACS-9 in preparation for his discharge, Oswald had applied for a passport at the Superior Court of Santa Ana, Calif. His application stated that he planned to leave the United States on September 21 to attend the Albert Schweitzer College and the University of Turku in Finland, and to travel in Cuba, the Dominican Republic, England, France, Germany, and Russia.[A13-462] The passport was routinely issued 6 days later.[A13-463]

Oswald went directly home after his discharge, and arrived in Fort Worth by September 14.[A13-464] He told his mother that he intended to get a job on a ship or possibly in the “export-import business.”[A13-465] If he stayed in Fort Worth, he said, he would be able to earn only about $30 per week; on a ship, he would earn “big money” and be able to send substantial amounts home.[A13-466] Three days after he arrived in Fort Worth, he left for New Orleans.[A13-467] While he was in Fort Worth he had registered his dependency discharge and entry into the Marine Reserve at the Fort Worth Selective Service Board,[A13-468] and visited his brother Robert and his family.[A13-469] He also gave his mother $100.[A13-470]

On September 17, Oswald spoke with a representative of Travel Consultants, Inc., a New Orleans travel bureau; he filled out a “Passenger Immigration Questionnaire,” on which he gave his occupation as “shipping export agent” and said that he would be abroad for 2 months on a pleasure trip. He booked passage from New Orleans to Le Havre, France, on a freighter, the SS Marion Lykes, scheduled to sail on September 18, for which he paid $220.75.[A13-471] On the evening of September 17, he registered at the Liberty Hotel.[A13-472]

The Marion Lykes did not sail until the early morning of September 20.[A13-473] Before its departure, Oswald wrote his mother a letter, which was her last news of him until she read stories of his defection in Fort Worth newspapers:

Dear Mother:

Well, I have booked passage on a ship to Europe, I would of had to sooner or later and I think it’s best I go now. Just remember above all else that my values are very different from Robert’s or your’s. It is difficult to tell you how I feel, Just remember this is what I must do. I did not tell you about my plans because you could hardly be expected to understand.

I did not see aunt Lilian while I was here. I will write again as soon as I land.

Lee[A13-474]

The Marion Lykes carried only four passengers.[A13-475] Oswald shared his cabin with Billy Joe Lord, a young man who had just graduated from high school and was going to France to continue his education. Lord testified that he and Oswald did not discuss politics but did have a few amicable religious arguments, in which Oswald defended atheism. Oswald was “standoffish,” but told Lord generally about his background, mentioning that his mother worked in a drugstore in Fort Worth and that he was bitter about the low wages which she received. He told Lord that he intended to travel in Europe and possibly to attend school in Sweden or Switzerland if he had sufficient funds.[A13-476] The other two passengers were Lt. Col. and Mrs. George B. Church, Jr., who also found Oswald unfriendly and had little contact with him. Oswald told them that he had not liked the Marine Corps and that he planned to study in Switzerland; they observed some “bitterness” about his mother’s difficulties, but did not discuss this with him. No one on board suspected that he intended to defect to Russia.[A13-477]

Oswald disembarked at Le Havre on October 8. He left for England that same day, and arrived on October 9.[A13-478] He told English customs officials in Southampton that he had $700 and planned to remain in the United Kingdom for 1 week before proceeding to a school in Switzerland. But on the same day, he flew to Helsinki, Finland, where he registered at the Torni Hotel; on the following day, he moved to the Klaus Kurki Hotel.[A13-479]

Oswald probably applied for a visa at the Russian consulate on October 12, his first business day in Helsinki.[A13-480] The visa was issued on October 14. It was valid until October 20 and permitted him to take one trip of not more than 6 days to the Soviet Union.[A13-481] He also purchased 10 Soviet “tourist vouchers” which cost $30 apiece.[A13-482] He left Helsinki by train on the following day, crossed the Finnish-Russian border at Vainikkala, and arrived in Moscow on October 16.[A13-483]

He was met at the Moscow railroad station by a representative of “Intourist,” the state tourist agency, and taken to the Hotel Berlin, where he registered as a student.[A13-484] On the same day he met the Intourist guide assigned to him during his stay in Russia, a young woman named Rima Shirokova. They went sightseeing the next day. Almost immediately he told her that he wanted to leave the United States and become a citizen of the Soviet Union. According to Oswald’s “Historic Diary,” she later told him that she had reported his statement to Intourist headquarters, which in turn had notified the “Passport and Visa Office” (probably the Visa and Registration Department of the Ministry of Internal Affairs, the MVD[A13-485]). She was instructed to help Oswald prepare a letter to the Supreme Soviet requesting that he be granted citizenship. Oswald mailed such a letter that same day.[A13-486] (The “Historic Diary” is Oswald’s handwritten account of his life in Russia.[A13-487] The earlier entries were written after the events which they describe; later, in Minsk, he probably kept a contemporaneous record of his experiences.[A13-488] The Commission has used the diary, which Oswald may have written with future readers in mind, only as Oswald’s record of his private life and personal impressions as he sought to present them and has relied wherever possible on official documents, correspondence, and the testimony of witnesses.)

The diary records that when Oswald told Rima Shirokova that he intended to defect she was “flabbergassted,” but agreeed to help.[A13-489] She was “politly sympathetic but uneasy” when he told her that he wanted to defect because he was “a Communist, ect.”[A13-490] As an Intourist guide, Rima toured parts of Moscow with Oswald in the next few days. His primary concern, however, appeared to be his effort to become a Soviet citizen, and she also aided him in his dealings with the Soviet Government.[A13-491] He thought that Rima felt sorry for him and tried to be a friend because he was “someth. new.”[A13-492] On his 20th birthday, 2 days after he arrived in Russia, she gave him Dostoevski’s “The Idiot,”[A13-493] in which she had written: “Dear Lee, Great congratulations! Let all your dreams come true! 18.X 1959”[A13-494]

On October 19, Oswald was probably interviewed in his hotel room by a man named Lev Setyayev, who said that he was a reporter for Radio Moscow seeking statements from American tourists about their impressions of Moscow,[A13-495] but who was probably also acting for the KGB.[A13-496] Two years later, Oswald told officials at the American Embassy that he had made a few routine comments to Setyayev of no political significance. The interview with Setyayev may, however, have been the occasion for an attempt by the KGB, in accordance with regular practice, to assess Oswald or even to elicit compromising statements from him; the interview was apparently never broadcast.[A13-497] (As discussed in ch. VI of this report, the Commission is aware that many of the Soviet officials with whom Oswald came into contact were employees of the KGB, the agency which has primary jurisdiction for the treatment of defectors.)

On the following day, Rima Shirokova told him that the “Pass. and Visa Dept.” wanted to see him,[A13-498] and on the morning of October 21, he was interviewed by an official concerning his application for citizenship. The official offered little information and no encouragement; he told Oswald only that he would check to see if the visa could be extended. Oswald returned to the Hotel Berlin.[A13-499] That afternoon, he was notified that his visa had expired and that he had to leave Moscow within 2 hours.[A13-500]

Oswald responded to the unfavorable decision by cutting himself above his left wrist, in an apparent suicide attempt. Rima Shirokova found him unconscious in his hotel room and had him taken to the Botkinskaya Hospital. His diary states: “Poor Rimmea stays by my side as interrpator (my Russian is still very bad) far into the night, I tell her ‘Go home’ (my mood is bad) but she stays, she is ‘my friend.’”[A13-501]

For 3 days Oswald was confined in the psychiatric ward of the hospital. He was examined by a psychiatrist, who concluded that he was not dangerous to other people and could be transferred to the “somatic” department. Hospital records containing the results of the examination[A13-502] state that Oswald came to Russia in order to apply for citizenship, and that “in order to postpone his departure he inflicted the injury upon himself.”[A13-503] They note that Oswald understood some Russian and, presumably based on information which he provided, that he had “graduated from a technical high school in radio technology and radio electronics.”[A13-504] The record states: “He claims he regrets his action. After recovering he intends to return to his homeland.”[A13-505]

Oswald resented being in the psychiatric ward and told Rima Shirokova that he wanted a transfer.[A13-506] She visited him at the hospital frequently and his diary records that “only at this moment” did he “notice [that] she is preety.”[A13-507] Another entry for the hospital period says: “Afternoon I am visited by Roza Agafonova of the hotel tourist office, who askes about my health, very beautiful, excelant Eng., very merry and kind, she makes me very glad to be alive.”[A13-508] These entries reflect an attitude gentler and friendlier than his attitude before the suicide attempt, when he seemed to be coldly concerned only with his status in Russia. Once Oswald was out of the psychiatric ward, he found the hospital more pleasant. The new ward, which he shared with 11 other patients, was “airy,” and the food was good. His only complaint, according to his diary, was that an “elderly American” patient was distrustful of him because he had not registered at the American Embassy and because he was evasive about the reasons for his presence in Moscow and confinement in the hospital.[A13-509]

He was released from the hospital on October 28,[A13-510] and, accompanied by Rima Shirokova, was driven to the Hotel Berlin in an Intourist car. After he said goodby to Lyudmila Dmitrieva, head of the Intourist office at the Berlin, and to Roza Agafonova, another Intourist employee at the hotel, he checked out of the Berlin and registered at the Metropole,[A13-511] a large hotel under the same administration as the Berlin.[A13-512] The Government had undoubtedly directed him to make the change. His visa had expired while he was in the hospital, and his presence in Russia was technically illegal; he had received no word that the decision that he must leave had been reversed. Later that day, however, Rima told him that the “Pass and Registration Office” wished to talk to him about his future.[A13-513] According to the diary, when Oswald appeared at the office he was asked whether he still wanted to become a Soviet citizen and he replied that he did; he provided his Marine Corps discharge papers for identification. He was told that he could not expect a decision soon, and was dismissed. During this interview, Oswald was apparently questioned about the interview which preceded his hospitalization, which led him to conclude that there had been no communication between the two sets of officials.[A13-514] That evening he met Rima, on whom he vented his frustration at being put off by the authorities.[A13-515]

Oswald ate only once on the following day; he stayed near the telephone, fully dressed and ready to leave immediately if he were summoned. He remained in his room for 3 days, which seemed to him “like three years,”[A13-516] until October 31, when he decided to act. He met Rima Shirokova at noon and told her that he was impatient, but did not say what he planned to do; she cautioned him to stay in his room “and eat well.”[A13-517] She left him after a short while and, a few minutes later, he took a taxi to the American Embassy, where he asked to see the consul. (See Commission Exhibits Nos. 24, 912, 913, pp. 264, 263, 261.) When the receptionist asked him first to sign the tourist register, he laid his passport on the desk and said that he had come to “dissolve his American citizenship.” Richard E. Snyder, the Second Secretary and senior consular official,[A13-518] was summoned, and he invited Oswald into his office.[A13-519]

Oswald’s meeting with Snyder, at which Snyder’s assistant, John A. McVickar, was also present, is more fully discussed in appendix XV to the Commission’s report. Oswald declared that he wanted to renounce his American citizenship; he denounced the United States and praised the Government of the Soviet Union. Over Oswald’s objections, Snyder sought to learn something of Oswald’s motives and background and to forestall immediate action. Oswald told him that he had already offered to tell a Soviet official what he had learned as a radar operator in the Marines. The interview ended when Snyder told Oswald that he could renounce his citizenship on the following Monday, 2 days later, if he would appear personally to do so. During the interview, Oswald handed to Snyder a note[A13-520] which suggests that he had studied and sought to comply with section 349 of the Immigration and Nationality Act, which provides for loss of American citizenship.[A13-521] The note contains paragraphs which read like inartistic attempts to cast off citizenship in three of the ways specified by the statute. The attempts failed but there is no reason to doubt that they were sincere. Snyder has testified that he believed that Oswald would immediately have formally renounced his citizenship had he been permitted to do so.[A13-522]

The interview lasted for less than an hour. Oswald returned to his hotel angry about the delay but “elated” by the “showdown” and sure that he would be permitted to remain after his “sign of * * * faith” in the Russians.[A13-523] Soon after he returned to the hotel, he was approached by A. I. Goldberg, a reporter for the Associated Press, whom the Embassy had told about Oswald’s actions. Oswald refused to speak to him.[A13-524] He answered a few questions for two other reporters, R. J. Korengold and Miss Aline Mosby, but again refused to be interviewed.[A13-525] Thereafter, the news services made repeated unsuccessful attempts to interview him, which he thought was an indirect form of pressure from the Embassy to return to the United States.[A13-526]

On the day after Oswald’s meeting with Snyder, his family read in the newspapers about his appearance at the Embassy and tried to contact him. Mrs. Oswald testified that she was shocked at her son’s decision to defect but respected his motives for doing so; later she suspected that he had been forcibly removed to Russia.[A13-527] She placed a telephone call to him,[A13-528] but he either refused to speak to her[A13-529] or cut her off very quickly.[A13-530] So too, on November 2, he rejected the Embassy’s efforts to deliver or read on the telephone a telegram from his brother Robert.[A13-531] A call from Robert was either canceled before it was completed or was refused.[A13-532] Robert’s telegram, along with a message asking Oswald to contact him immediately, which Robert had asked the State Department to deliver,[A13-533] was finally sent to Oswald from the Embassy by registered mail.[A13-534]

A few days later, the Embassy received a letter from Oswald dated November 3 which requested that his citizenship be revoked.[A13-535] The letter stated that he had appeared at the Embassy “for the purpose of signing the formal papers to this effect” and protested against the “conduct of the official” who had refused him “this legal right.” Oswald noted that his application for Soviet citizenship was pending and said that if it were granted he would ask the Soviet Government “to lodge a formal protest” on his behalf.[A13-536] The Embassy replied on November 9 that Oswald could renounce his citizenship by appearing at the Embassy and executing the necessary papers.[A13-537]

Oswald’s diary describes the period from November 2 to November 15, during which he continued to isolate himself, as “days of utter loneliness.”[A13-538] On November 8, he wrote to his brother:

Dear Robert

Well, what shall we talk about, the weather perhaps? Certainly you do not wish me to speak of my decision to remain in the Soviet Union and apply for citizenship here, since I’m afraid you would not be able to comprehend my my reasons. You really dont know anything about me. Do you know for instance that I have waited to do this for well over a year, do you know that I * * * [phrase in Russian] speak a fair amount of Russian which I have been studing for many months.

I have been told that I will not have to leave the Soviet Union if I do not care to. this than is my decision. I will not leave this country, the Soviet Union, under any conditions, I will never return to the United States which is a country I hate.

Someday, perhaps soon, and than again perhaps in a few years, I will become a citizen of the Soviet Union, but it is a very legal process, in any event, I will not have to leave the Soviet Union and I will never * * * [word missing].

I recived your telegram and was glad to hear from you, only one word bothered me, the word “mistake.” I assume you mean that I have made a “mistake” it is not for you to tell me that you cannot understand my reasons for this very action.

I will not speak to anyone from the United States over the telephone since it may be taped by the Americans.

If you wish to corespond with me you can write to the below address, but I really don’t see what we could take about if you want to send me money, that I can use, but I do not expect to be able to send it back.

Lee[A13-539]

Oswald’s statement that he had been told that he could remain in Russia was not true. According to his diary, he was not told until later that he could remain even temporarily in Russia,[A13-540] and only in January was he told that he could remain indefinitely.[A13-541] The Embassy tried to deliver a typed copy of a telegram from his brother John on November 9; Oswald refused to answer the knock on his door, and the message was then sent to him by registered mail.[A13-542]

Toward the end of this waiting period, probably on November 13, Aline Mosby succeeded in interviewing Oswald.[A13-543] A reporter for United Press International, she had called him on the telephone and was told to come right over, Oswald’s explanation being that he thought she might “understand and be friendly” because she was a woman.[A13-544] She was the first person who was not a Soviet citizen to whom he granted an interview since his meeting with Snyder at the Embassy on October 31. Miss Mosby found him polite but stiff; she said that he seemed full of confidence, often showing a “small smile, more like a smirk,” and that he talked almost “non-stop.” Oswald said to her that he had been told that he could remain in the Soviet Union and that job possibilities were being explored; they thought it probably would be best, he said, to continue his education. He admitted that his Russian was bad but was confident that it would improve rapidly. He based his dislike for the United States on his observations of racial prejudice and the contrast between “the luxuries of Park Avenue and workers’ lives on the East Side,” and mentioned his mother’s poverty; he said that if he had remained in the United States he too would have become either a capitalist or a worker. “One way or another,” he said, “I’d lose in the United States. In my own mind, even if I’d be exploiting other workers. That’s why I chose Marxist ideology.”

Oswald told his interviewer that he had been interested in Communist theory since he was 15, when “an old lady” in New York handed him “a pamphlet about saving the Rosenbergs.” But when Mosby asked if he were a member of the Communist Party he said that he had never met a Communist and that he “might have seen” one only once, when he saw that “old lady.” He told her that while he was in the Marine Corps he had seen American imperialism in action, and had saved $1,500 in secret preparation for his defection to Russia. His only apparent regrets concerned his family: his mother, whom he had not told of his plans, and his brother, who might lose his job as a result of the publicity.[A13-545]

The interview lasted for about 2 hours. According to Oswald’s own account, he exacted a promise from Miss Mosby that she would show him the story before publication but she broke the promise; he found the published story to contain distortions of his words.[A13-546] Miss Mosby’s notes indicate that he called her to complain of the distortions, saying in particular that his family had not been “poverty-stricken” and that his defection was not prompted by personal hardship but that was “a matter only of ideology.”[A13-547]

According to the diary, Oswald was told in mid-November that he could remain temporarily in Russia “until some solution was found with what to do” with him.[A13-548] Armed with this “comforting news,”[A13-549] he granted a second interview, again to a woman, on November 16.[A13-550] Miss Priscilla Johnson of the North American Newspaper Alliance knocked on the door of his room at the Metropole, and Oswald agreed to come to her room at the hotel that evening. This interview lasted about 5 hours, from 9 p.m. until about 2 in the morning. During the interview he frequently mentioned the fact that he would be able to remain in Russia, which gave him great pleasure, but he also showed disappointment about the difficulties standing in the way of his request for Soviet citizenship. He repeated most of the information he had given Aline Mosby and again denied having been a member of the Communist Party or even ever having seen a Communist in the United States. When Miss Johnson asked him to specify some of the socialist writers whose works he had read during the past 5 years, he could name only Marx and Engels; the only title he could recall was “Das Kapital.” They talked for a long while about Communist economic theory, which Miss Johnson thought was “his language”; she became convinced that his knowledge of the subject was very superficial.[A13-551] He commented that the Russians treated his defection as a “legal formality,” neither encouraging nor discouraging it.[A13-552] When she suggested that if he really wished to renounce his American citizenship he could do so by returning to the Embassy, he said that he would “never set foot in the Embassy again,” since he was sure that he would be given the “same run-around” as before. He seemed to Miss Johnson to be avoiding effective renunciation, consciously or unconsciously, in order to preserve his right to reenter the United States.[A13-553]

For the rest of the year, Oswald seldom left his hotel room where he had arranged to take his meals, except perhaps for a few trips to museums. He spent most of his time studying Russian, “8 hours a day” his diary records. The routine was broken only by another interview at the passport office; occasional visits from Rima Shirokova; lessons in Russian from her and other Intourist guides; and a New Year’s visit from Roza Agafonova, who gave him a small “Boratin” clown as a New Year’s present.[A13-554] He replied to a letter from Robert in a letter quoted at length in chapter VII of this report, which contains his most bitter statements against the United States.[A13-555] Robert received a third letter on December 17, in which Oswald said that he would not write again and did not wish Robert to write to him. The letter concluded:

I am starting a new life and I do not wish to have anything to do with the old life.

I hope you and your family will always be in good health.

Lee[A13-556]

His mother mailed him a personal check for $20 dated December 18. It was returned to her on January 5 with the notation that he could not “use this check, of course”; he asked her to send him $20 in cash and added that he had little money and needed “the rest,” presumably a reference to the $100 he had given her in September. Mrs. Oswald later sent him a money order for about $25.[A13-557]

On January 4, Oswald was summoned to the Soviet Passport Office and given Identity Document for Stateless Persons No. 311479.[A13-558] He was told that he was being sent to Minsk,[A13-559] an industrial city located about 450 miles southwest of Moscow and with a population in 1959 of about 510,000.[A13-560] His disappointment that he had not been granted Soviet citizenship was balanced by relief that the uncertainty was ended; he told Rima Shirokova that he was happy.[A13-561] On the following day, he went to a Government agency which the Russians call the “Red Cross”; it gave him 5,000 rubles (about 500 new rubles, or $500 at the official exchange rate).[A13-562] He used 2,200 rubles to pay his hotel bill and 150 rubles to purchase a railroad ticket to Minsk.[A13-563]

Oswald arrived in Minsk on January 7. He was met at the station by two “Red Cross” workers who took him to the Hotel Minsk. Two Intourist employees, both of whom spoke excellent English, were waiting for him.[A13-564] One of them, a young woman named Roza Kuznetsova, became his close friend and attended his 21st birthday party in October 1960.[A13-565] (See Commission Exhibit No. 2609, p. 271.) On the following day, Oswald met the “Mayor,” who welcomed him to Minsk, promised him a rent-free apartment, and warned him against “uncultured persons” who sometimes insulted foreigners.[A13-566]

Oswald reported for work at the Belorussian Radio and Television Factory on January 13.[A13-567] Two days earlier he had visited the factory and met Alexander Ziger, a Polish Jew who had emigrated to Argentina in 1938 and went to Russia in 1955. Ziger was a department head at the factory; he spoke English, and he and his family became good friends of Oswald and corresponded with him after his return to the United States.[A13-568] The factory, a major producer of electronic parts and systems, employed about 5,000 persons.[A13-569] Oswald’s union card described him as a “metal worker”;[A13-570] Marina testified that he fashioned parts on a lathe.[A13-571] As Oswald later described it, the shop in which he worked, called the “experimental shop,”[A13-572] employed 58 workers and 5 foremen. It was located in the middle part of the factory area in a 2-story building made of red brick. The workday began at 8 o’clock sharp. Work was assigned according to “pay levels,” which were numbered from one to five plus a top “master” level. A worker could ask to be tested for a higher level at any time.[A13-573]

Oswald had hoped to continue his education in Russia, and was disappointed by his assignment to a factory.[A13-574] His salary varied from 700 to perhaps as high as 900 rubles per month ($70-$90).[A13-575] Although high compared with the salaries of certain professional groups in Russia, which in some areas have not grown proportionately with the wages of factory workers,[A13-576] his salary was normal for his type of work.[A13-577] It was supplemented, however, by 700 rubles per month, which he received from the “Red Cross,” and, according to Oswald, his total income was about equal to that of the director of the factory.[A13-578] In August he applied for membership in the union;[A13-579] he became a dues-paying member in September.[A13-580]

Undoubtedly more noteworthy to most Russians than his extra income was the attractive apartment which Oswald was given in March 1959. It was a small flat with a balcony overlooking the river,[A13-581] for which he paid only 60 rubles a month.[A13-582] (See Commission Exhibit No. 2606, p. 271.) Oswald describes it in his diary as “a Russian dream.”[A13-583] Had Oswald been a Russian worker, he would probably have had to wait for several years for a comparable apartment, and would have been given one even then only if he had a family.[A13-584] The “Red Cross” subsidy and the apartment were typical of the favorable treatment which the Soviet Union has given defectors.[A13-585]

Oswald’s diary records that he enjoyed his first months in Minsk. His work at the factory was easy and his coworkers were friendly and curious about life in the United States; he declined an invitation to speak at a mass meeting. He took Roza Kuznetsova, his interpreter and language teacher,[A13-586] to the theater, a movie, or an opera almost every night, until he moved into his apartment and temporarily lost contact with her. He wrote in his diary, “I’m living big and am very satisfied.”[A13-587] In March or April, he met Pavel Golovachev, a co-worker at the factory, whom Oswald described as intelligent and friendly and an excellent radio technician. (See Commission Exhibit No. 2609, p. 271.) Oswald helped Golovachev with English.[A13-588] They became friends,[A13-589] and corresponded after Oswald returned to the United States until at least as late as September 1963.[A13-590]

The spring and summer passed easily and uneventfully. There were picnics and drives in the country, which Oswald described as “green beauty.”[A13-591] On June 18, he obtained a hunting license and soon afterward purchased a 16-gage single-barrel shotgun. His hunting license identifies him as “Aleksy Harvey Oswald.” (He was called “Alec” by his Russian friends, because “Lee” sounded foreign to them and was difficult for them to pronounce.)[A13-592] He joined a local chapter of the Belorussian Society of Hunters and Fishermen, a hunting club sponsored by his factory, and hunted for small game in the farm regions around Minsk about half a dozen times in the summer and fall. The hunters spent the night in small villages and often left their bag with the villagers; Oswald described the peasant life which he saw as crude and poor.[A13-593] Sometime in June, he met Ella German, a worker at the factory, of whom he later said he “perhaps fell in love with her the first minute” he saw her.[A13-594] (See Commission Exhibit No. 2609, p. 271.)

At the same time, however, the first signs of disillusionment with his Russian life appeared. He noted in his diary that he felt “uneasy inside” after a friend took him aside at a party and advised him to return to the United States.[A13-595] Another entry compared life in Minsk with military life:

I have become habituatated to a small cafe which is where I dine in the evening. The food is generaly poor and always eactly the same, menue in any cafe, at any point in the city. The food is cheap and I don’t really care about quiality after three years in the U.S.M.C.[A13-596]

In an entry for August-September, he wrote that he was becoming “increasingly concious of just what sort of a sociaty” he lived in.[A13-597]

He spent New Year’s Day at the home of Ella German and her family. They ate and drank in a friendly atmosphere, and he was “drunk and happy” when he returned home. During the walk back to his apartment he decided to ask Ella to marry him. On the following night, after he had brought her home from the movies, he proposed on her doorstep. She rejected him, saying that she did not love him and that she was afraid to marry an American. She said that the Polish intervention in the 1920’s had led to the arrest of all people in the Soviet Union of Polish origin and she feared that something similar might happen to Americans some day. Oswald was “too stunned to think,” and concluded that she had gone out with him only because she was envied by the other girls for having an American as an escort.[A13-598] But in one of the entries in the diary he appears to have attributed her failure to love him to “a state of fear which was always in the Soviet Union.”[A13-599] His affection for Ella German apparently continued for some time;[A13-600] he had his last formal date with her in February and remained on friendly terms with her as long as he was in Russia.[A13-601]

After he returned to the United States, Oswald often commented on Russian life. He discussed the Soviet systems of public education[A13-602] and medical care.[A13-603] He observed to one acquaintance that everyone in Russia was trained to do something,[A13-604] and discussed with another the system of regular wage and salary increases.[A13-605] His most frequent criticisms concerned the contrast between the lives of ordinary workers and the lives of Communist Party members. He told an acquaintance in Dallas that the working class in the Soviet Union made just about enough to buy clothing and food and that only party members could afford luxuries.[A13-606] On another occasion, he remarked that if he had had as much money as some of the “managers,” he could have visited the Black Sea resorts.[A13-607] He complained about the lack of freedom in Russia;[A13-608] the lack of opportunity to travel;[A13-609] inadequate housing;[A13-610] and the chronic scarcity of food products.[A13-611] To one acquaintance, he observed that the party members were all “opportunists,” who “shouted the loudest and made the most noise,” but who were interested only in their own welfare.[A13-612]

He expressed similar views in a manuscript which he worked on in Russia[A13-613] and probably intended to publish; soon after he returned to the United States, he hired a stenographer to prepare a typed draft from his notes.[A13-614] Oswald described the manuscript, which amounted to 50 typed pages, as “a look into the lives of work-a-day average Russians.”[A13-615]

The manuscript describes the factory in which Oswald worked and suggests that political considerations of which Oswald disapproved dominated its operation. He attributed the lack of unemployment to the shortage of labor-saving machinery and the heavy load of bureaucracy, which kept “tons of paper work” flowing in and out of the factory and required a high foreman-worker ratio.[A13-616] In addition, he wrote, there was “a small army of examiners, committees, and supply checkers and the quality-control board.”[A13-617]

He described life in Russia, including life at the factory, as centered around the “Kollective.” The head of the Kollective in his shop, Comrade Lebizen, saw to it that everyone maintained shop discipline, attended party meetings, and received all the new propaganda as it came out. He hung the walls of the shop with signs and slogans of the Communist Party. Meetings of the Kollective were “so numerous as to be staggering.” In a single month, there were scheduled one meeting of the professional union, four political information meetings, two young Communist meetings, one meeting of the production committee to discuss ways of improving work, two Communist Party meetings, four meetings of the “School of Communist Labor,” and one sports meeting. All but one of them were compulsory for Communist Party members and all but three were compulsory for everyone.[A13-618] (Marina Oswald testified that her husband did not attend the courses in Marxism and Leninism given in the factory for party members and those who wished to become party members.)[A13-619] They were scheduled so as not to interfere with work, and lasted anywhere from 10 minutes to 2 hours. Oswald said that no one liked the meetings, which were accepted “philosophically”; at the political meetings especially, everyone paid strict attention, and party members were posted in the audience to watch for the slightest sign that anyone’s attention might relax, even for a moment.[A13-620]

Oswald wrote that the “spontaneous” demonstrations on Soviet holidays or for distinguished visitors were almost as well organized as the Kollectivist meetings at the factory.[A13-621] He noted that elections were supervised to ensure that everyone voted, and that they voted for the candidates of the Communist Party. The manuscript touches on other aspects of Soviet life--as the housing shortage and the corruption which it evoked, the “rest-homes” where workers had their vacations, television and the omni-present radio, and Russian reading habits.[A13-622] This writing also may include only what Oswald thought might be acceptable.

On January 4, 1961, I year after he had been issued his “stateless” residence permit, Oswald was summoned to the passport office in Minsk and asked if he still wanted to become a Soviet citizen. He replied that he did not, but asked that his residence permit be extended for another year.[A13-623] The entry in his diary for January 4-31 reads: “I am stating to reconsider my disire about staying. The work is drab. The money I get has nowhere to be spent. No nightclubs or bowling allys, no places of recreation acept the trade union dances. I have had enough.”[A13-624]

The American Embassy in Moscow had not heard from Oswald after it received his letter of November 3, 1959.[A13-625] On February 13, 1961, it received an undated letter from him which had been mailed in Minsk about a week earlier. He asked for the return of his passport and stated that he wanted to return to the United States if he could “come to some agreement [with the American Government] concerning the dropping of any legal proceedings” against him. He noted that he had not become a Soviet citizen and was living in Russia with “nonpermanent type papers for a foreigner,” and said that he did not appear personally because he could not leave Minsk without permission. The letter concluded: “I hope that in recalling the responsibility I have to America that you remember yours in doing everything you can to help me, since I am an American citizen.”[A13-626] In this letter, Oswald referred to a previous letter which he said had gone unanswered; there is evidence that such a letter was never sent.[A13-627]

The Second Secretary, Richard Snyder, answered on February 28 that Oswald would have to appear at the Embassy personally to discuss his return to the United States.[A13-628] In the meantime, Oswald’s mother, who in January had inquired at the Department of State about his whereabouts,[A13-629] had been notified of his letter.[A13-630] A second letter from Oswald, posted on March 5, reached the Embassy on March 20; it reiterated that he was unable to leave Minsk without permission and asked that “preliminary inquiries * * * be put in the form of a questionnaire” and sent to him.[A13-631] His diary entry for this period records his “state of expectation about going back to the U.S.,” and adds that a friend had approved his plans but warned him not to discuss them with others.[A13-632] (The Soviet authorities had undoubtedly intercepted and read the correspondence between Oswald and the Embassy and knew of his plans.[A13-633] Soon after the correspondence began, his monthly payments from the “Red Cross” were cut off.)[A13-634] Having informed Washington,[A13-635] the Embassy wrote to Oswald on March 24, stating again that he would have to come to Moscow.[A13-636] Later, the Department of State decided that Oswald’s passport should be returned to him only if he appeared at the Embassy for it and the Embassy was satisfied, after exploring the matter with him, that he had not renounced his citizenship.[A13-637]

Sometime in the second week of March, Miss Katherine Mallory, who was on tour in Minsk with the University of Michigan symphonic band, found herself surrounded by curious Russian citizens. A young man who identified himself as a Texan and former marine stepped out of the crowd and asked if she needed an interpreter; he interpreted for her for the next 15 or 20 minutes. Later he told her that he despised the United States and hoped to stay in Minsk for the rest of his life. Miss Mallory is unable to swear that her interpreter was Oswald, but is personally convinced that it was he.[A13-638]

A few days later, probably on March 17, Oswald attended a trade union dance with a friend, Erik Titovyets, at the Palace of Culture for Professional Workers in Minsk.[A13-639] The dance followed a lecture by a Russian woman who had recently returned from a trip to the United States.[A13-640] Marina Nikolayevna Prusakova arrived too late to hear the lecture[A13-641] but was at the dance. Oswald noticed her and asked Yuriy Merezhinskiy, the son of the lecturer and a friend of both Oswald and Marina, to introduce him to her. Oswald asked her to dance. According to the diary, they liked each other immediately and he obtained her telephone number before she left.[A13-642] Marina testified that she told Oswald that she might see him at another dance, but did not give him her telephone number.[A13-643] Oswald was smitten.[A13-644]

Marina Prusakova was 19 years old when she met Oswald. (See Commission Exhibit No. 1395, p. 270.) She was born on July 17, 1941, at Severodvinsk (formerly Molotovsk), Arkhangel Oblast’, Russia.[A13-645] A few years later, her mother, Klavdiya Vasilievna Prusakova, married Aleksandr Ivanovich Medvedev, who became the only father Marina knew.[A13-646] While she was still a young girl, Marina went to Arkhangel’sk, Arkhangel Oblast’, to live with her maternal grandparents, Tatyana Yakovlevna Prusakova and Vasiliy Prusakov. Her grandfather died when Marina was about 4 years old; she continued to live with her grandmother for some time.[A13-647] When she was not more than 7, she moved to Zguritva, Moldavian SSR (formerly called Bessarabia) to live with her mother and stepfather, who was an electrical worker.[A13-648] In 1952, the family moved to Leningrad,[A13-649] where her stepfather obtained a job in a power station.[A13-650] Marina testified that neither he nor her mother was a member of the Communist Party.[A13-651]

In Leningrad, Marina attended the Three Hundred and Seventy-Fourth Women’s School. After she had completed the seventh grade at the school in 1955,[A13-652] she entered the Pharmacy Teknikum for special training, which she had requested on the ground that her mother was ill and Marina might need to have a specialty in order to support herself. While she was at the Teknikum, she joined the Trade Union for Medical Workers[A13-653] and, in her last year there, worked part time in the Central Pharmacy in Leningrad. She graduated from the Teknikum with a diploma in pharmacy in June 1959.

Marina’s mother had died in 1957, during Marina’s second year at the Teknikum; she continued to live with her stepfather, but had little contact with him. She testified that she did not get along with her stepfather, whom she displeased by her fresh conduct; she said that she was not easily disciplined[A13-654] and was a source of concern to him.[A13-655] Because of the friction between them, Marina regarded her childhood as an unhappy one.

After her graduation, Marina was assigned to a job preparing and packing orders in a pharmaceutical warehouse in Leningrad; as a new employee she had the right to leave this job within 3 days after the assignment,[A13-656] and she did so after the first day. She took no job for the next 2 months, at the end of which she went to live in Minsk with an aunt and uncle, the Prusakovs, who had no children. She had known them since she was a child and there was a mutual affection between her and them.[A13-657] Her uncle, a member of the Communist Party,[A13-658] was assigned to the Ministry of Internal Affairs and headed the local bureau concerned with lumber. The Prusakovs had one of the best apartments in a building reserved for MVD employees.[A13-659]

Marina was 18 when she arrived in Minsk. She had had boyfriends in Leningrad but was not interested in marriage. In October 1960 she started work in the drug section of the Third Clinical Hospital where she earned about 450 rubles per month;[A13-660] at about the same time she became a member of the local Komsomol, the Communist youth organization.[A13-661] Her friends were mostly students, whose social life consisted of meeting in cafes to sip coffee, read newspapers, gossip, and carry on discussions. The group of friends “ran together,” and Marina did not attach herself to a particular boyfriend. She enjoyed this life, which she had been leading for about 7 months when she met Oswald at the dance at the Palace of Culture in March 1961.[A13-662]

When Marina met Oswald, she thought he was from one of the Russian-speaking Baltic countries because he spoke with an accent; later that same evening she learned that he was an American.[A13-663] She met him again at another dance a week later.[A13-664] They danced together most of the evening, at the end of which he walked home with her. They arranged to meet again the following week.[A13-665] Before the scheduled time, Oswald called to say that he was in the hospital and that Marina should visit him there.[A13-666] Medical records furnished to the Commission by the Russian Government show that Oswald was admitted to the Clinical Hospital--Ear, Nose, and Throat Division, on Thursday, March 30, 1961.[A13-667] Marina visited him often,[A13-668] taking advantage of her uniform to visit him outside regular visiting hours, which were only on Sunday.[A13-669] On Easter Sunday, the first Sunday after his admission to the hospital, she brought him an Easter egg.[A13-670] On a subsequent visit, he asked her to be his fiancee, and she agreed to consider it.[A13-671] He left the hospital on April 11.[A13-672]

During these visits, Marina apparently discussed with Oswald his reasons for coming to Russia and his current status. According to her later account, he told her that he had surrendered his American documents to the Embassy in Moscow and had told American officials that he did not intend to return to the United States. He did not say definitely that he was no longer an American citizen, but said in answer to a question about his citizenship that he could not return to the United States.[A13-673]

Oswald visited Marina regularly at her aunt and uncle’s apartment; they were apparently not disturbed by the fact that he was an American and did not disapprove of her seeing him. He continued to ask her to marry him and, according to her recollection, she accepted his proposal on April 20;[A13-674] Oswald’s diary puts the date 5 days earlier.[A13-675] Marina testified that she believed that Oswald could not return to the United States when she agreed to marry him, and that she had not married him in hope of going to the United States.[A13-676]

After filing notice of their intent to marry at the registrar, obtaining the special consent necessary for an alien to marry a citizen, and waiting the usual 10 days, they were married on April 30.[A13-677] The diary entry for the wedding day reads:

two of Marinas girl friends act as bridesmaids. We are married. At her aunts home we have a dinner reception for about 20 friends and neboribos who wish us happiness (in spite of my origin and accept [accent?] which was in general rather disquiting to any Russian since for. are very rare in the soviet Union even tourist. After an evening of eating and drinking in which * * * [Marina’s uncle] started a fright [fight?] and the fuse blow on an overloaded circite we take our leave and walk the 15 minutes to our home. We lived near each other, at midnight we were home.[A13-678]

They both took 3 days off from their jobs, which they spent in Minsk.[A13-679]

Oswald wrote in his diary for May 1, 1 day after the wedding: “In spite of fact I married Marina to hurt Ella I found myself in love with Marina.”[A13-680] The next entry, marked simply “May,” reads in part:

The trasistion of changing full love from Ella to Marina was very painfull esp. as I saw Ella almost every day at the factory but as the days & weeks went by I adjusted more and more [to] my wife mentaly * * * She is maddly in love with me from the very start. Boat rides on Lake Minsk walks through the parks evening at home or at Aunt Valia’s place mark May.”[A13-681]

And in June: “A continuence of May, except that; we draw closer and closer, and I think very little now of Ella.”[A13-682]

Sometime within the first month or two after they were married Oswald told his wife that he was anxious to return to the United States. The diary says that he told her “in the last days” of June and that she was “slightly startled” but encouraged him to do as he wished.[A13-683] Marina’s recollection is that she learned of his plan between May and July. Embassy records show that Oswald notified the Embassy in a letter received on May 25 that he was married and his wife would seek to accompany him to the United States.[A13-684] At about this time, the Oswalds began to make inquiries in Soviet offices about exit visas.[A13-685]

While these preparations were being made, the Oswalds apparently enjoyed their new life.[A13-686] They ate most of their meals in cafes or at restaurants where they worked.[A13-687] For amusement, they went boating, attended the opera, concerts, the circus, and films; occasionally, they gathered with a group of friends for a cooperative meal at someone’s apartment.[A13-688] His Russian improved, but he retained an accent and never learned to speak grammatically or to write well.[A13-689] He read the English language edition of the Daily Worker and books, also in English, on Marxism and Leninism; he also read some Russian newspapers.[A13-690]

Before he married Marina (and presumably before February, when he had begun his efforts to return to the United States) Oswald had applied for admission to the Patrice Lumumba Friendship University in Moscow. He received a letter dated May 3 apologizing for the delay in responding to his application and turning it down on the ground that the university had been established exclusively for students from the underdeveloped countries of Asia, Africa, and Latin America.[A13-691] Oswald expressed his disappointment at having been turned down to Marina.[A13-692]

Oswald reopened his correspondence with his family on May 5, with a friendly letter to his brother Robert. He said nothing about his contacts with the American Embassy, but mentioned that he had married, and that he had a job as a “metal-smith” and was living well. He asked his brother for their mother’s address, and encouraged him to come to Minsk for a visit.[A13-693] Robert answered the letter quickly. On May 31, Oswald wrote again and expressed his pleasure at having heard from Robert after so long. Apparently in response to an offer to send him whatever he needed, Oswald wrote that he needed nothing and thanked Robert for the thought; he suggested, however, that Marina might like a small wedding present. At the end of the letter he said that he did not know whether he would ever return to the United States; he said that before he could return he would have to obtain the permission of the Soviet Union for him and Marina to leave and insure that no charges would be lodged against him in the United States. In this letter, he mentioned that he was in touch with the Embassy in Moscow.[A13-694] At about this time, Oswald wrote also to his mother.[A13-695]

On May 25, the Embassy received a letter mailed in Minsk about 10 days before, in which Oswald asked for assurances that he would not be prosecuted if he returned to the United States, and informed the Embassy that he had married a Russian woman who would want to accompany him.[A13-696] The Embassy communicated this development to Washington[A13-697] and did not answer Oswald immediately. In addition, he had had no word since March concerning the return of his passport. Impatient for action,[A13-698] he appeared without warning at the Embassy on July 8; it was a Saturday and the offices were closed.[A13-699] He used the house telephone to reach Snyder, who came to the office, talked with him briefly, and suggested that he return on the following Monday.[A13-700] Oswald called Marina and asked her to join him in Moscow. She arrived on Sunday, July 9,[A13-701] and they took a room at the Hotel Berlin,[A13-702] where he had stayed when he first arrived in Russia.

Oswald returned to the Embassy on Monday. Marina waited outside during his interview with Snyder,[A13-703] who asked to see Oswald’s Soviet papers and questioned him closely about his life in Russia and possible expatriating acts. Oswald stated that he was not a citizen of the Soviet Union and had never formally applied for citizenship, that he had never taken an oath of allegiance to the Soviet Union, and that he was not a member of the factory trade union organization. He said that he had never given Soviet officials any confidential information that he had learned in the Marines, had never been asked to give such information, and “doubted” that he would have done so had he been asked.[A13-704] Some of Oswald’s statements during this interview were undoubtedly false. He had almost certainly applied for citizenship in the Soviet Union[A13-705] and, at least for a time, been disappointed when it was denied.[A13-706] He possessed a membership card in the union organization.[A13-707] In addition, his assertion to Snyder that he had never been questioned by Soviet authorities concerning his life in the United States is simply unbelievable.

Oswald showed anxiety, already displayed in his letters, that he might be prosecuted and imprisoned if he returned to the United States. Snyder told him informally that he did not know any grounds on which he would be prosecuted but that he could give no assurances in this regard.[A13-708] Snyder testified that Oswald seemed to have matured while he was in Russia and did not show the bravado and arrogance which characterized his first contacts with the Embassy. Oswald told him that he had “learned a hard lesson the hard way” and had acquired a new appreciation of the United States and the meaning of freedom.[A13-709]

Since Oswald’s passport would expire on September 10, 1961,[A13-710] before which date he probably would not be able to obtain Russian exit papers, he filled out an application for its renewal.[A13-711] On a questionnaire attached to the application,[A13-712] he reiterated his oral statements that he had obtained only a residence permit in the Soviet Union and was still an American national. On the basis of Oswald’s written and oral statements, Snyder concluded that he had not expatriated himself and returned his passport, stamped valid only for direct travel to the United States,[A13-713] to him. Accompanied by his wife,[A13-714] Oswald came to the Embassy again on the following day,[A13-715] to initiate procedures for her admission to the United States as an immigrant; they had a routine interview with McVickar, Snyder’s assistant.[A13-716] Three days later, they returned to Minsk.[A13-717]

On the same day, Oswald wrote to his brother. He told Robert that he had his passport again and that he and Marina were doing everything possible to leave the Soviet Union. Apparently referring to his initial reappearance at the Embassy in quest of his passport, he wrote: “I could write a book about how many feeling have come and gone since that day.” The letter closed with an affectionate greeting to his brother and his family.[A13-718] The letter’s tone of firm purpose to return to the United States in the face of heavy odds reflected Oswald’s attitude thereafter.

As soon as they returned to Minsk, the Oswalds began to work with local authorities for permission to leave the country.[A13-719] His diary entry for July 16 through August 20 reads,

We have found out which blanks and certificates are nessceary to apply for a exit visa. They number about 20 papers; birth certificates, affidavit, photos, ect. On Aug 20th we give the papers out they say it will be 3½ months before we know wheather they let us go or not. In the meantime Marina has had to stade 4 differant meeting at the place of work held by her boss’s at the direction of “someone” by phone. The Young Comm. leauge headquttes also called about her and she had to go see them for 1½ hours. The purpose (expressed) is to disuade her from going to the U.S.A. Net effect: Make her more stubborn about wanting to go. Marina is pregnet. We only hope that the visas come through soon.[A13-720]

In a letter dated July 15, he reported their efforts to the Embassy, and said that he would keep it informed “as to the overall picture.” The letter mentioned that Marina was having difficulties at work because of her decision to leave but added that such “tactics” were “quite useless” and that Marina had “stood up well, without getting into trouble.”[A13-721] For August 21 through September 1, the diary reads:

I make repeated trips to the passport & visa office, also to Ministry of For. Affairs in Minsk, also Min. of Internal Affairs, all of which have a say in the granting of a visa. I extrackted promises of quick attention to us.[A13-722]

For September through October 18, “No word from Min. (‘They’ll call us.’).”[A13-723]

Marina testified that when the news of her visit to the American Embassy in July reached Minsk, she was dropped from membership in “Komsomol,” the Communist Youth Organization,[A13-724] and that “meetings were arranged” at which “members of the various organizations” attempted to dissuade her from leaving the Soviet Union.[A13-725] Her aunt and uncle did not speak to her for “a long time.”[A13-726] Paul Gregory, to whom Marina taught Russian in the United States, testified that she once referred to this period of her life in Minsk as “a very horrible time.”[A13-727]

Oswald wrote to the Embassy again on October 4, to request that the U.S. Government officially intervene to facilitate his and his wife’s applications for exit visas.[A13-728] He stated that there had been “systematic and concerted attempts to intimidate [Marina] * * * into withdrawing her application for a visa” which had resulted in her being hospitalized for a 5-day period on September 22 for “nervous exhaustion.”[A13-729] Marina has denied that she was hospitalized for a nervous disorder[A13-730] and he made no mention of it in his diary or letters to his family; he probably lied to the Embassy. The Embassy replied to his letter on October 12, saying that it had no way of influencing Soviet conduct on such matters and that its experience had been that action on applications for exit visas was “seldom taken rapidly.”[A13-731]

In October 1961 Marina took her annual vacation.[A13-732] She and Oswald agreed that she should get a “change of scenery,”[A13-733] and she spent about 3 weeks with an aunt in Khar’kov. It is possible that they were not getting along well together during this period.[A13-734] A diary entry after her return indicates that they were having some quarrels and that she was wavering in her decision to go to the United States, which Oswald attributed to anxiety about their applications for visas and the fact that she was pregnant; he in turn dreaded the approach of the “hard Russian winter.”[A13-735] He noted in his diary that he was lonely while she was gone, but that he and his friend “Erich,” presumably Erik Titovyets, went to some dances and other public amusements.[A13-736] On his 22nd birthday he went alone to see his favorite opera, “The Queen of Spades.”[A13-737] Marina sent him a gold and silver cup, inscribed “To my dear husband on his birthday, 18/x/61” and other gifts, for which he wrote to thank her.[A13-738] She returned on November 12, in Oswald’s words, “radient, with several jars of preserses for me from her aunt.”[A13-739]

Sometime after Marina’s return Oswald applied for an interview with Col. Nicolay Aksenov, an official in the local MVD, in an effort to expedite their application for exit visas; he was told by the colonel’s subordinates that they were competent to handle the matter. Oswald then insisted that Marina seek an interview; she agreed reluctantly. The interview was granted;[A13-740] Marina thought that this might have been due to the fact that her uncle was also a high-ranking official in the Minsk MVD, but she did not believe that he would personally have presumed on his official position to obtain special treatment.[A13-741] Colonel Aksenov questioned her about her reasons for wanting to go to the United States and, noticing that she was pregnant, suggested that she at least delay her departure so that her child could be born in Russia, but did not otherwise try to discourage her. He finally told her that there were many others seeking visas and that she and her husband would have to wait their turn.[A13-742]

Throughout this period, Oswald continued to correspond with his mother and brother. His letters contained the usual chatter among members of a family and occasional references to the progress of the visa applications.[A13-743] He wrote to the Embassy on November 1, saying that if, as he anticipated, his residence permit were renewed in January for another year, it would be over his protest.[A13-744] On November 13 the Embassy replied, telling Oswald that retention of his Soviet passport, which was of the kind issued to persons considered to be stateless, or an extension of it, would not prejudice his claim to American citizenship. The letter added that he could discuss the renewal of his American passport whenever he appeared in person at the Embassy to do so.[A13-745]

Late in December, Oswald wrote a letter to Senator John G. Tower of Texas, which was received in Washington near the end of January. He stated that he was an American citizen and that the Soviet Government refused to permit him and his wife to leave the Soviet Union. He asked Senator Tower to raise “the question of holding by the Soviet Union of a citizen of the U.S., against his will and expressed desires.” The letter was referred to the State Department and no further action concerning it was taken.[A13-746] On December 25, Marina was called to the Soviet Passport Office and told that exit visas would be granted to her and her husband; she was surprised, having doubted that she would ever be permitted to leave. Oswald wrote to the Embassy on December 27 that they would be given visas and asked that his passport be extended without another trip to Moscow; he added, however, that he would come to Moscow if this would expedite the processing of his application. In his diary, he wrote, “It’s great (I think?).”[A13-747] Before the year ended, Marina went on maternity leave from her job.[A13-748] They spent New Year’s Eve at a dinner party given by the Zigers.[A13-749]

Oswald wrote to his mother on January 2, 1962, and told her that he and his wife expected to arrive in the United States sometime around March. He asked her to contact the local Red Cross and request that it put his case before the International Rescue Committee or some other group which aids immigrants to the United States. He told her that he would need about $800 and that she should insist on a gift rather than a loan; he told her not to send any of her own money.[A13-750] Despite his instructions, she requested a loan from the Red Cross.[A13-751] On January 13, Oswald wrote to the International Rescue Committee himself; he asked for $800 with which to purchase two tickets from Moscow to Texas.[A13-752] He wrote to the Committee again on January 26, this time asking for $1,000.[A13-753]

In the meantime, letters of Oswald[A13-754] and the American Embassy,[A13-755] both dated January 5, crossed in the mail. The Embassy’s letter suggested that since there might be difficulties in obtaining an American visa for Marina, he consider returning alone and bringing her over later. He replied on the 16th that he would not leave Russia without her.[A13-756] In his letter, Oswald requested that the U.S. Government loan him the money for his and Marina’s airplane tickets or arrange a loan from another source. The Embassy replied on January 15 that Marina had not yet obtained an American visa and that no evidence had yet been submitted that she would not become a public charge in the United States.[A13-757] It suggested that Oswald’s mother or some other close relative file an affidavit of support in Marina’s behalf. Before receiving this letter, Oswald wrote out such a document himself[A13-758] and mailed it to the Embassy.[A13-759]

On January 23, after receiving the Embassy’s letter, he wrote that his own affidavit should be sufficient, since he had been away from the United States for more than 2 years and could not be expected to obtain an affidavit from someone else.[A13-760] But on the same day, he wrote to his mother asking that she file an affidavit of support with the Immigration and Naturalization Service.[A13-761] On January 24, the Embassy acknowledged receipt of his affidavit, but again suggested that he obtain one from someone else.[A13-762]

Late in January, Oswald received a letter from his mother telling him that he had been given a dishonorable discharge from the Marines.[A13-763] (The discharge had actually been “undesirable,” a less derogatory characterization.)[A13-764] This apparently revived his fear of prosecution, and on January 30, he wrote to his brother for more information.[A13-765] On the same day he wrote also to John B. Connally, Jr., then Governor of Texas, who Oswald believed was still Secretary of Navy. The letter read:

I wish to call your attention to a case about which you may have personal knowlege since you are a resident of Ft. Worth as I am.

In November 1959 an event was well publicated in the Ft. Worth newspapers concerning a person who had gone to the Soviet Union to reside for a short time, (much in the same way E. Hemingway resided in Paris.)

This person in answers to questions put to him by reporteds in Moscow criticized certain facets of american life. The story was blown up into another “turncoat” sensation, with the result that the Navy department gave this person a belated dishonourable discharge, although he had received an honourable discharge after three years service on Sept. 11, 1959 at El Toro, Marine corps base in California.

These are the basic facts of my case.

I have and allways had the full sanction of the U.S. Embassy, Moscow USSR, and hence the U.S. goverment. In as much as I am returning to the U.S.A. in this year with the aid of the U.S. Embassy, bring with me my family (since I married in the USSR) I shall employ all means to right this gross mistake or injustice to a boni-fied U.S. citizen and ex-service man. The U.S. government has no charges or complaints against me. I ask you to look into this case and take the neccessary steps to repair the damage done to me and my family. For information I would direct you to consult the American Embassy, Chikovski St. 19/21, Moscow, USSR.[A13-766]

Connally referred the letter to the Department of the Navy,[A13-767] which sent Oswald a letter stating that the Department contemplated no change in the undesirable discharge.[A13-768] On March 22, Oswald wrote to the Department insisting that his discharge be given a further, full review.[A13-769] The Department promptly replied that it had no authority to hear and review petitions of this sort and referred Oswald to the Navy Discharge Review Board.[A13-770] Oswald filled out the enclosed application for review in Minsk but did not mail it until he returned to the United States.[A13-771]

The Department of State had notified Oswald’s mother that it would need $900 to make the travel arrangements for her son and daughter-in-law.[A13-772] On February 1, Oswald sent his mother a brief letter rejecting her suggestion that she try to raise money by telling the newspapers about his financial plight.[A13-773] Five days later, the Embassy wrote to Oswald and asked him to make formal application for a loan.[A13-774] Oswald wrote to his mother again on February 9, reminding her to file an affidavit of support and asking that she send him clippings from the Fort Worth newspapers about his defection to Russia, a request which he later repeated to his brother. He told her that he wanted to know what had been written about him, so that he could be “forewarned.”[A13-775]

Oswald took Marina to the hospital on the morning of February 15. A baby girl was born at about 10 a.m.[A13-776] He had gone on to the factory where news of the birth awaited him on his arrival.[A13-777] In accordance with regular hospital practice,[A13-778] he did not see the baby until Marina left the hospital.[A13-779] He was excited by the child,[A13-780] who was named “June Lee” in accordance with the Russian custom and law that a child’s second name must be the father’s first name or a variation of it. He had wanted to name his child “June Marina,” and protested the application of the law to her, since he had a United States passport. His diary contains the wry comment, “Po-Russki.”[A13-781] His coworkers at the factory gave the Oswalds “one summer blanket, 6 light diapers, 4 warm diapers, 2 chemises, 3 very good warm chemises, 4 very nice suits and two toys” for the baby.[A13-782] Marina came home on February 23.[A13-783]

There was less urgency about the departure for the United States after June Lee was born.[A13-784] Oswald wrote to his mother,[A13-785] and brother,[A13-786] that he would probably not arrive for several months. The Embassy received a letter on March 3, in which Oswald applied for a loan of $800;[A13-787] the Embassy replied that it was authorized to loan him only $500.[A13-788] It had in the meantime decided that his own affidavit of support for Marina would be sufficient under the circumstances.[A13-789] On March 15, he received notification from the Immigration and Naturalization Service that Marina’s application for a visa had been approved.[A13-790] By March 28, he had received an affidavit of support in Marina’s behalf from his mother’s employer, Byron K. Phillips,[A13-791] which he filed although it was no longer necessary to do so.[A13-792] A few days before, Marina, still on maternity leave, had quit her job.[A13-793] Discussions with the Embassy to complete financial and travel arrangements continued in April and May.[A13-794] In a letter to Robert on April 12, Oswald wrote that only “the American side” was holding up their departure, but added that the winter being over, he didn’t “really * * * want to leave until the beginning of fall, since the spring and summer * * * [in Russia] are so nice.”[A13-795]

On May 10, the Embassy wrote that everything was in order and suggested that Oswald come to the Embassy with his family to sign the final papers.[A13-796] At his request,[A13-797] he was discharged from the factory on about May 18.[A13-798] His work had apparently never been very good. Marina testified that he was rather lazy and resented having to take orders.[A13-799] This estimate is confirmed by a report of the plant director and personnel department chief, filed on December 11, 1961, which was apparently a routine assessment of his work. The report noted that he did not “display the initiative for increasing his skill” in his job, that he was “over-sensitive * * * to remarks from the foremen, and * * * careless in his work”; Oswald took “no part in the social life of the shop” and kept “very much to himself.”[A13-800]

Oswald picked up his Soviet exit visa on May 22;[A13-801] at about this time, he also had an interview with an official of the MVD to obtain final clearance for his departure.[A13-802] He wrote to Robert that he and his family would leave for Moscow on the following day and depart for England 10 to 14 days later. He expected to cross the Atlantic by ship, probably docking in New Orleans. Returning to a point which he had made in an earlier letter to his mother, he commented that he knew from the newspaper clippings what Robert had said about him when he left for Russia; he thought that Robert had talked too much at that time, and asked that Robert say nothing to the newspapers now.[A13-803]

The Oswalds arrived in Moscow by May 24[A13-804] and on that date filled out various documents at the American Embassy;[A13-805] Marina was given her American visa.[A13-806] Final arrangements for their emigration were made with Soviet officials.[A13-807] On June 1, Oswald signed a promissory note at the Embassy for a repatriation loan of $435.71.[A13-808] He and his family boarded a train for Holland,[A13-809] which passed through Minsk that night.[A13-810] They crossed the Soviet frontier at Brest on June 2. Two days later, they departed from Holland on the SS Maasdam.[A13-811] Onboard ship, the Oswalds stayed by themselves; Marina testified that she did not often go on deck because she was poorly dressed and Oswald was ashamed of her.[A13-812]

Probably while he was on board the Maasdam Oswald wrote some notes on ship stationery, which appear to be a summary of what he thought he had learned by living under both the capitalist and Communist systems. The notes reflect his unhappy and deepening feeling of disillusionment with both the Soviet Union and the United States. Oswald observed that although reform groups may oppose the government in power, they always declare that they are for their people and their country, and he asked what “would happen if somebody was to stand up and say he was utterly opposed not only to the governments, but to the people, too the entire land and complete foundations” of his society. He condemned existing political groups and proposed the formation of a third choice between communism and capitalism, neither of which was acceptable to him. “I have lived,” he said, “under both systems, I have sought the answers and although it would be very easy to dupe myself into believing one system is better than the other, I know they are not.” In these notes, he acknowledged that his “Red Cross” subsidy had been paid by the Soviet Government rather than the international organization, and said, “I shall never sell myself intentionlly, or unintentionlly to anyone again.”[A13-813] (Commission Exhibit No. 25, p. 273.) It was probably also onboard ship that Oswald wrote two sets of answers to questions which he anticipated about his decision to go to Russia and later to return to the United States. Although the sets of answers are somewhat similar, but the tone of one is apologetic, while the other suggests that Oswald went to Russia to study the Soviet system, but remained a loyal American and owed no apologies.[A13-814]

The Maasdam landed at Hoboken, N.J., on June 13.[A13-815] The Oswalds were met by Spas T. Raikin, a representative of the Traveler’s Aid Society, which had been contacted by the Department of State; Raikin had the impression that Oswald was trying to avoid meeting anyone. He told Raikin that he had only $63 and had no plans either for that night or for travel to Fort Worth, and accepted the society’s help, according to Raikin, “with confidence and appreciation.”[A13-816] They passed through the immigration office without incident,[A13-817] and Raikin helped them through customs.[A13-818]

The society referred the Oswalds to the New York City Department of Welfare, which helped them find a room at the Times Square Hotel.[A13-819] Oswald told both Raikin and representatives of the welfare department that he had been a marine stationed at the American Embassy in Moscow, had married a Russian girl, renounced his citizenship, and worked in Minsk; he soon found out, he said, that the Russian propaganda was inaccurate but had not been able to obtain an exit visa for his wife and child for more than 2 years. He said also that he had paid the travel expenses himself.[A13-820]

The welfare department called Robert Oswald’s home in Fort Worth. His wife answered and said that they would help. She contacted her husband who sent $200 immediately.[A13-821] Oswald refused to accept the money and insisted that the department itself should pay the fare to Texas; he threatened that they would go as far as they could on $63 and rely on local authorities to get them the rest of the way. In the end he accepted the money.[A13-822] On the afternoon of June 14, the Oswalds left New York by plane for Fort Worth.[A13-823]

FORT WORTH, DALLAS, NEW ORLEANS

Oswald had originally indicated that he and his family would stay with his mother in Vernon, Tex.[A13-824] His decision to stay with Robert Oswald in Fort Worth apparently had been prompted by his brother’s invitation in a letter to him in Russia.[A13-825] Oswald listed only his brother as a relative on an “Intake Interview” form which he prepared for the New York Department of Welfare.[A13-826]

Robert took his wife and children to Love Field, the Dallas airport, to meet Lee and Marina and their baby, June Lee.[A13-827] He testified that the most noticeable change in his brother’s appearance was that he had become rather bald; he seemed also to be somewhat thinner than he had been in 1959. Robert thought that his brother had picked up “something of an accent” but, except for these changes was “the same boy” whom he had known before.[A13-828] Lee commented on the absence of newspaper reporters and seemed to Robert to be disappointed that none had appeared.[A13-829] Later on, Lee was anxious to avoid publicity.[A13-830]

Robert drove the Oswalds to his home at 7313 Davenport Street.[A13-831] For a few days, Lee seemed tense,[A13-832] but the brothers got along well,[A13-833] and to Robert it was “more or less * * * [as if Lee] had not been to Russia”; they were “just together again.”[A13-834] They did not discuss politics, according to Robert because of a “tacit agreement” between them.[A13-835] Lee indicated to his brother that he hoped to have his undesirable discharge from the Marines corrected.[A13-836] Robert and his wife “took to Marina and June,” and enjoyed showing Marina “things that she had never seen before.”[A13-837] Marina rested and took care of her baby, and when she could, helped in the household.[A13-838] She testified that, apart from a trip to the library, Lee spent about a week “merely talking.”[A13-839]

On June 18, 4 days after he arrived in Fort Worth, Oswald went to the office of Mrs. Pauline Virginia Bates, a public stenographer whose name he had found in the telephone directory,[A13-840] and asked her to type a manuscript from the “scraps of paper,” on which he had recorded his impressions of the Soviet Union.[A13-841] Intrigued by his tale that he had just returned from the Soviet Union and had smuggled his notes out of that country, she agreed to type the notes for $1 per page or $2 an hour, 50 cents less than her usual hourly rate.[A13-842] On that day and the succeeding 2 days, Mrs. Bates spent 8 hours typing for Oswald while he remained in her office helping her with the notes and translating portions of them which were in Russian.[A13-843] At the end of each session he collected his notes and as much of the manuscript as she had done and took them away with him.[A13-844] On June 20, he gave Mrs. Bates $10 for the 10 completed pages; he told her that he had no more money and refused to accept her offer to postpone payment or continue the work for nothing.[A13-845]

Oswald told Mrs. Bates that there was an engineer in Fort Worth who wanted to help him publish his notes.[A13-846] On June 19,[A13-847] he had called Peter Gregory, a petroleum engineer who was born in Siberia and taught Russian at the Fort Worth Public Library as a “civic enterprise.”[A13-848] He asked if Gregory could give him a letter testifying to his ability to read and speak Russian, so that he could obtain work as an interpreter or translator. Gregory suggested that Oswald come to his office, where Gregory opened a Russian book at random and asked Oswald to read from it. Oswald read well, and Gregory gave him the letter he wanted.[A13-849] Gregory and Oswald had lunch together and discussed Oswald’s life in the Soviet Union,[A13-850] but, according to Gregory’s testimony, nothing was said about publishing Oswald’s manuscript.[A13-851] About a week later, Gregory and his son Paul, a college student, visited the Oswalds at Robert Oswald’s home and arranged for Marina to give Paul lessons in Russian during the summer.[A13-852]

On June 26, Oswald was interviewed by FBI agents in Fort Worth.[A13-853] One of the agents who interviewed him described him as tense and “drawn up”; he said that Oswald “exhibited an arrogant attitude * * * and [was] inclined to be just a little insolent.”[A13-854] Oswald declined to say why he had gone to Russia, saying that he refused to “relive the past.”[A13-855] He said that he had not attempted to obtain Soviet citizenship, had not been approached by Soviet officials for information about his experiences in the Marines, and had not offered them such information. Marina’s Soviet passport required her to notify the Soviet Embassy in Washington of her address in this country, and Oswald told the agents that he planned to contact the Embassy for this purpose within a few days.[A13-856] He promised to notify the FBI if he were contacted by Soviet agents “under suspicious circumstances or otherwise.”[A13-857] Oswald told his brother about the interview, saying that it had been “just fine.”[A13-858]

Oswald and his family remained with Robert for about a month.[A13-859] While they were there his mother moved to Fort Worth from Crowell, Tex.,[A13-860] and, sometime in July they moved into her apartment at 1501 West Seventh Street.[A13-861] Mrs. Oswald testified that she had visited them at Robert’s house in June[A13-862] and moved to Fort Worth because she thought that the house was too crowded and wanted to help them.[A13-863] Mrs. Oswald described the period when her son and his family lived with her as “a very happy month”; according to her testimony, she and her son and daughter-in-law got along well. She mentioned that she not only helped Marina keep house and care for the baby but also aided her son in his efforts to find employment.[A13-864] Marina testified, however, that Lee did not get along well with his mother and that he decided after several weeks that they should move to their own apartment.[A13-865] He did not file a change-of-address card at the post office when the family moved to West Seventh Street, as he did when they made their next move,[A13-866] so he may have contemplated from the beginning that they would stay with his mother for only a short while. Around the middle of August,[A13-867] the Oswalds moved to a one-bedroom furnished apartment at 2703 Mercedes Street, for which they paid $59.50 in advance for 1 month’s rent.[A13-868]

In the third week in July, Oswald had obtained a job as a sheet metal worker with the Louv-R-Pak Division of the Leslie Welding Co.,[A13-869] a manufacturer of louvers and ventilators,[A13-870] to which he had been referred by the Texas Employment Commission.[A13-871] On his application for employment, filled out several days before, he wrote falsely that he had had experience as a sheet metal worker and machinist in the Marines and had been honorably discharged.[A13-872] He usually worked 8 or 9 hours a day, for which he was paid $1.25 an hour.[A13-873] Marina testified that Oswald did not like his work,[A13-874] but he was regarded as a good employee[A13-875] and remained with the company until October, when he quit.[A13-876] On the job, he kept to himself and was considered uncommunicative.[A13-877]

Mrs. Oswald visited her son and his family at their apartment and tried to help them get settled; she testified that she bought some clothes for Marina and a highchair for the baby but that Oswald told her that he did not want her to buy “things for his wife that he himself could not buy.”[A13-878] Finally, Oswald apparently decided that he did not want his mother to visit the apartment anymore and he became incensed when his wife permitted her to visit despite his instructions.[A13-879] After he moved to Dallas in October, Oswald did not see his mother or communicate with her in any way until she came to see him after the assassination.[A13-880] Witnesses have described the Mercedes Street apartment as “decrepit” and very poorly furnished;[A13-881] there was no telephone service.[A13-882] Acquaintances observed that Marina and the baby were poorly clothed, that the Oswalds had little food, and that at first there was not a bed for the baby.[A13-883]

On August 16, the FBI again interviewed Oswald. This interview took place in the back seat of a car in front of his home and covered substantially the same material as the previous interview. Oswald again denied having made any deal with representatives of the Soviet Union. He protested his undesirable discharge from the Marines, and stated that his wife was registered at the Soviet Embassy. He still refused to discuss why he had gone to the Soviet Union, but he was less hostile than he had been during the previous interview.[A13-884] According to his wife, however, he was very upset by the interest the FBI showed in him.[A13-885]

The Oswalds became acquainted with a growing number of people of the Russian-speaking community in the Dallas-Fort Worth area, who were tied together socially by a common origin, language, and religion. The group was not restricted to people from Russia but was composed primarily of people from Eastern European countries.[A13-886] The Oswalds’ initial contact with this group was through Peter Gregory. Marina gave conversational Russian lessons to Paul Gregory 2 days a week during August and early September, for which she was paid $35. Most of the lessons took place at the Mercedes Street apartment and Oswald was generally present.[A13-887] In addition, Paul Gregory occasionally took the Oswalds shopping; after they became friendly, he had a number of discussions with Oswald, some of them politically oriented.[A13-888]

Sometime around August 25, Peter Gregory invited the Oswalds and several members of the Russian community to his house for dinner. One of the guests was George Bouhe, a Dallas accountant and a leader of the Russian community. He was very interested in meeting and conversing with Marina, because she had spent much of her life in Leningrad, which was his birthplace.[A13-889] Also present was Mrs. Anna Meller, the Russian-born wife of a Dallas department store employee.[A13-890] Near the end of August, the Oswalds met Declan Ford, a consulting geologist in the Dallas area, and his Russian-born wife at Mrs. Meller’s home. The Oswalds were also introduced to Mrs. Elena Hall, who was born in Tehran, Iran, of Russian parentage. She worked in a dental laboratory and at this time was divorced from her former husband John Hall, whom she subsequently remarried. In order to obtain dental aid for Marina, George Bouhe had brought her to Mrs. Hall’s house.[A13-891] In early September, the Oswalds met Alexander Kleinlerer, another member of the Russian group, who was then courting Mrs. Hall.[A13-892] Mrs. Max Clark was introduced to Marina during this period by George Bouhe and Anna Meller. Max Clark met the Oswalds at a later time.[A13-893] At about the same time, they were visited by George De Mohrenschildt, a petroleum engineer born in Russia,[A13-894] who had heard of them from one of the Russian-speaking group.[A13-895] Later on, the Oswalds met his wife, Jeanne, and his daughter and son-in-law, Gary and Alexandra Taylor.[A13-896]

Most of the members of the Russian community were interested in the Oswalds not only because they needed help, but also because they could provide the latest information about what was happening in Russia.[A13-897] Some members of the group were at first apprehensive about them because the apparent ease with which they had left Russia seemed suspicious.[A13-898] Nevertheless, many of the group provided small amounts of money, groceries, clothing, and furniture for the Oswalds; George Bouhe, Anna Meller, and Elena Hall were the primary contributors, although others provided help in the form of transportation and groceries.[A13-899] These acquaintances occasionally visited the Oswalds, and the Oswalds in turn visited some of them in Dallas.[A13-900]

It was evident that Oswald did not appreciate the help of the Russian community.[A13-901] At least once he flew into a rage and shouted that he did not need any of the things that people were giving to him.[A13-902] Some felt that he resented the gifts because he could not give his wife what the others were providing;[A13-903] he apparently was critical of them also because he felt that they were overly concerned with improving themselves economically.[A13-904]

Oswald became increasingly unpopular with his Russian-speaking acquaintances, partly because of his resentment of their assistance.[A13-905] Alexander Kleinlerer stated that none of them cared for Oswald “because of his political philosophy, his criticism of the United States, his apparent lack of interest in anyone but himself and because of his treatment of Marina.”[A13-906] Some of them believed that Oswald was mentally disturbed.[A13-907] However, they felt sorry for Marina and the child and continued to help.[A13-908]

On a weekend afternoon early in October, the Oswalds were visited by his mother and a number of people from the Russian community, including George Bouhe, Anna Meller, the Halls, the De Mohrenschildts, and the Taylors.[A13-909] Oswald had apparently decided to look for a new job, and discussed his lack of job prospects and the fact that his rent was overdue.[A13-910] He was advised to seek employment in the Dallas area.[A13-911] Elena Hall invited Marina to move into her house in Fort Worth until Oswald found a job in Dallas. She accepted the proposal, and Mrs. Hall moved Marina, her daughter June, and the Oswalds’ few household goods in a pickup truck belonging to the dental laboratory where she was employed.[A13-912]

Oswald worked at the Leslie Welding Co. on Monday, October 8, but failed to appear on the following day. He was already in Dallas.[A13-913] He falsely told his wife that he had been discharged,[A13-914] and told George Bouhe that the job had been a temporary one.[A13-915] Sometime later, the company received an undated letter from him stating that he had “moved permanently to Dallas,” and asking that the wages due him be forwarded to him at box 2915 in Dallas.[A13-916] He did not tell his mother that he was leaving Fort Worth.[A13-917]

While they were in Fort Worth, the Oswalds were having marital problems.[A13-918] Several people noted that Marina had a blackened eye when they visited her at the Mercedes Street apartment.[A13-919] She told her mother-in-law and George Bouhe that her husband had struck her, but said to Anna Meller that she had walked into a door.[A13-920] It seems clear that Oswald had in fact hit her.[A13-921] People observed friction between the Oswalds on various occasions,[A13-922] although their disputes became more apparent later. Marina has written that this was a difficult period for them and that her husband was “very irritable” and sometimes some completely trivial thing would “drive him into a rage.”[A13-923]

She testified that:

* * * immediately after coming to the United States Lee changed. I did not know him as such a man in Russia. * * * He helped me as before, but he became a little more of a recluse * * * He was very irritable, sometimes for a trifle * * *[A13-924]

She has denied, however, that their separation was the result of quarrels between them.[A13-925]

Marina spent the first few weeks after Oswald’s departure at Elena Hall’s house in Fort Worth, except for a brief stay at Gary Taylor’s house in Dallas after one of her appointments at the Baylor Dental Clinic.[A13-926] While she was in Dallas, Mrs. De Mohrenschildt brought her to the clinic on October 8, October 10, and October 15;[A13-927] George Bouhe had given Mrs. De Mohrenschildt the money to cover the expense of Marina’s dental care.[A13-928]

Even before Oswald went to Dallas, some of his acquaintances were helping him in his effort to find a job there.[A13-929] George De Mohrenschildt directed him to Samuel B. Ballen, a Dallas financial consultant, but no employment resulted.[A13-930] George Bouhe recommended that Oswald go to the Texas Employment Commission in Dallas; and Anna Meller had her husband ask Mrs. Helen Cunningham, a counselor in the clerical and sales division of the Dallas office of the employment commission, to help Oswald find a job.[A13-931] Oswald first came into the office of the employment commission on October 9. He was reluctant to accept industrial employment, and was placed in the clerical category and turned over to Mrs. Cunningham for counseling. He indicated that he had an interest in writing. The results of general aptitude tests which he had taken at the Fort Worth employment office had been transmitted to the Dallas office, and indicated that he had some aptitude in this direction and for clerical work. It was noted on his application form that he had “outstanding verbal-clerical potential.” He demonstrated ability to perform many skilled and semi-skilled jobs, and there was some indication that he could do college work. Mrs. Cunningham gave him three special tests: for general clerical work, work as an insurance claims examiner, and drafting work. He scored high on all three. His application form indicated that he did not have a driver’s license, and noted: “well-groomed and spoken, business suit, alert replies--expresses self extremely well.” He told Mrs. Cunningham that he hoped to develop qualifications for responsible junior executive employment by a work-study program at a local college but that this must be delayed because of his immediate financial needs and responsibilities.[A13-932]

Mrs. Cunningham concluded that although Oswald would be classified for clerical work, she should try to get him any available job, since he badly needed money. He was referred to an architect for an opening as a messenger but was not hired. On October 11, he was referred to Jaggars-Chiles-Stovall Co., a graphic arts company, in response to a call from John Graef, head of the photographic department of the company, who had told the employment commission that he needed a photoprint trainee. Oswald was enthusiastic about his prospects and apparently made a good impression; Graef picked him over several other applicants.[A13-933] On the following day he began working in his new position as a trainee making prints of advertising material. He worked a 40-hour week at approximately $1.35 per hour; his take-home pay varied from $49 to $74 a week.[A13-934] According to his wife, “he liked his work very much.”[A13-935]

Oswald moved into the YMCA on October 15, and stayed there until October 19, paying $2.25 a night.[A13-936] He had used the Taylors’ address and telephone number as a place where he could be reached,[A13-937] but on October 9 had also rented post office box 2915 under his own name at the main post office on Ervay Street.[A13-938] On October 10, he filed a change-of-address form indicating that mail for 2703 Mercedes Street should be forwarded to the box.[A13-939] Marina has written that Oswald wrote her letters and telephoned her during the separation.[A13-940]

On October 16, Mrs Hall brought Marina and June to Dallas to have June baptized. Marina apparently did this surreptitiously, because her husband opposed baptism; they did not contact him in Dallas, but left birthday gifts for him at the Taylors. Oswald did not appear very disturbed when he found out about the baptism.[A13-941]

Two days later, Mrs. Hall had an automobile accident and went to the hospital, where she remained until October 26; Marina remained in the Hall house. Mrs. Max Clark and Alexander Kleinlerer, a friend of Mrs. Hall, checked up to make sure that she was getting along without too much trouble.[A13-942] After Oswald left the YMCA on October 19, he moved to a room or apartment somewhere in Dallas,[A13-943] which has not been located.[A13-944] It seems likely, however, that during that time he spent several weekends with Marina at the Hall house.[A13-945]

Four days after Mrs. Hall returned from the hospital, she left for New York to visit friends. By the time she returned, Marina had moved to a three-room apartment at 604 Elsbeth Street in Dallas, which Oswald had rented on Saturday, November 3;[A13-946] the landlady stated that he had looked at the apartment about a week before. The monthly rent was $68, in addition to which he had to pay several dollars a month for utilities. He paid the rent plus a $5 deposit on November 3,[A13-947] but probably spent that night with Marina at the Hall house. On Sunday the Taylors helped the Oswalds move their belongings to the Elsbeth Street apartment with a rented trailer.[A13-948] Oswald had asked Kleinlerer to help them move, and Kleinlerer also was present when they departed.[A13-949]

Soon after the Oswalds were reunited, their marital difficulties started again. While they were moving to Elsbeth Street, Kleinlerer noticed that Oswald slapped his wife for not having the zipper on her dress completely closed.[A13-950] They argued over his refusal to allow her to smoke.[A13-951] There was a quarrel also when he told the landlady that Marina was from Czechoslovakia; he was angered when Marina, who disapproved of this deception, told the landlady the truth.[A13-952]

Although several people tried to help Marina improve her scanty knowledge of English, Oswald discouraged this,[A13-953] perhaps because he wanted to keep up his Russian.[A13-954] Some witnesses testified that she commented about his sexual abilities.[A13-955] He apparently continued to beat her, and once she suggested to George De Mohrenschildt that she should “get away” from Oswald. When De Mohrenschildt criticized Oswald’s conduct, Oswald replied, “It is my business.”[A13-956] Marina testified that when they moved into the Elsbeth Street apartment, her husband became “nervous and irritable” and was very angry over “trifles.”[A13-957] She said that it was sometimes her fault that he beat her,[A13-958] for example when she wrote to an old boyfriend in Russia that she wished she had married him; the letter was returned for postage due, and Oswald read it.[A13-959]

Because of this quarreling, a few of their acquaintances felt that Marina would be better off alone. George Bouhe offered to help her if she promised to leave Oswald permanently.[A13-960] Finally, in early November, Marina, helped by the De Mohrenschildts, moved into Anna Meller’s house with the intention not to return to Oswald. He was apparently quite upset and did not want Marina to leave him.[A13-961]

Oswald did not visit his wife at Anna Meller’s house,[A13-962] and for a short time did not even know where she was.[A13-963] According to Marina, he called her after she moved and they met at De Mohrenschildt’s house. He asked her to return home. She insisted that he stop quarreling and that he change his ways. He said that he could not change. Marina would not agree to return home with him and he left.[A13-964]

Marina was uncomfortable at the Meller house, where there was very little room. She moved to Katherine Ford’s house[A13-965] where she apparently stayed from November 11 to 17. She indicated that she had decided never to return to her husband;[A13-966] it was Mrs. Ford’s impression that Marina was going to stay at other people’s houses until a permanent place could be found for her.[A13-967] When Mr. Ford returned from a business trip on November 17, Marina and June moved to the home of Mrs. Frank Ray, where they spent the day. Mrs. Ray, the wife of a Dallas advertising man, was also of Russian origin. Since Mrs. Ray had no baby bed, Marina returned to the Fords that evening. On the next day, however, Marina moved her belongings to the Rays’ house. That same day, Oswald called and asked to visit his wife, whom he had called and written. Mr. Ray picked him up and took him to Marina.[A13-968]

Marina testified that at this meeting Oswald professed his love for her. She stated: “I saw him cry * * * [he] begged me to come back, asked my forgiveness, and promised that he would try to improve, if only I would come back.”[A13-969] On another occasion she said: “* * * he cried and you know a woman’s heart--I went back to him. He said he didn’t care to live if I did not return.”[A13-970] That same day she decided to return to him. Mr. Ray packed her belongings and took her back to the Elsbeth Street apartment.[A13-971]

Members of the Russian community who had taken care of Marina so that she would not have to live with Oswald felt that their efforts had been in vain. George Bouhe was so irritated that he never again tried to help either of the Oswalds.[A13-972] Contacts between them and members of the Russian community diminished markedly.[A13-973] Oswald did not care for most of these people and made his feelings apparent.[A13-974] Even the De Mohrenschildts, whom he liked most, saw much less of them.[A13-975] Lydia Dymitruk, another Russian born woman in the Dallas-Fort Worth area, testified that she saw the Oswalds on only one occasion, and did not care to see them again. She drove Marina and June, who had a high fever, to the hospital; Oswald told the hospital that he was unemployed in order to avoid paying for June’s treatment and later left Mrs. Dymitruk without thanking her.[A13-976] Mrs. Ford testified that Marina had told her that she contemplated suicide during this period because Oswald was treating her badly and she had no friends; she felt that she had “no way out.”[A13-977] Marina acknowledged to the Commission that she had had such thoughts.[A13-978]

In an effort to renew family ties, Robert Oswald wrote to Lee and John Pic on November 17, inviting them and their families to Thanksgiving dinner. Lee accepted the invitation. He and Marina traveled to Fort Worth by bus on Thanksgiving Day, and John Pic and Robert met them at the station.[A13-979] Pic had not seen his half-brother for 10 years. He observed, as many others have also attested, that Lee seemed to be a good father and to take an active interest in June.[A13-980] After dinner, Marina phoned Paul Gregory, who later drove the Oswalds to his house for sandwiches and then took them to the bus station for the return trip to Dallas.[A13-981] Thereafter, Robert spoke to his brother once by telephone and received a post card and a letter from him, but he eventually lost contact with Lee and did not see him again until after the assassination.[A13-982]

Despite his disillusionment with Soviet life, Oswald kept up his interest in Russia. He wrote to the Soviet Embassy in Washington for information on how to subscribe to Russian periodicals and for “any periodicals or bulletins which you may put out for the benefit of your citizens living, for a time, in the U.S.A.”[A13-983] He subsequently subscribed to several Russian journals.[A13-984] In December 1962, the Soviet Embassy received a card in Russian, signed “Marina and Lee Oswald,” which conveyed New Year’s greetings and wishes for “health, success and all of the best” to the employees at the Embassy.[A13-985] The Oswalds continued to correspond with acquaintances in Russia.[A13-986]

Soon after his return to this country, Oswald had started to correspond with the Communist Party, U.S.A., and the Socialist Workers Party. He subscribed to the Worker in August 1962.[A13-987] He wrote for additional literature from these organizations, and attempted to join the Socialist Workers Party, which, however, had no branch in Texas.[A13-988] He sent samples of his photographic work to the Socialist Workers Party, the Worker, and the Hall-Davis Defense Committee, and offered to aid them in printing and photographic work in connection with posters; these offers were not accepted.[A13-989]

He continued to read a great deal on a variety of subjects.[A13-990] George Bouhe testified that Oswald’s fare consisted of books by Marx, Lenin, “and similar things.”[A13-991] Marina said that he read books of a historical nature, including H. G. Wells’ two volume “Outline of History,” and biographies of Hitler, Kennedy, and Khrushchev.[A13-992]

Despite the Oswalds’ break with the Russian community, De Mohrenschildt, knowing that they would be alone during the Christmas season, asked the Fords whether he could bring the Oswalds to a party celebrating the Russian Christmas at the Fords’ home; the Fords assented. The party was attended by many members of the Russian community.[A13-993] Oswald spoke at length with Yaeko Okui, a Japanese woman who had been brought to the party by Lev Aronson, first cellist of the Dallas Symphony Orchestra;[A13-994] she told Federal investigators that she never saw Oswald again.[A13-995] The Oswalds were not invited to three other Russian Christmas season gatherings which occurred during the next few days.[A13-996]

Marina visited the De Mohrenschildts several times after Christmas.[A13-997] They invited both Lee and Marina to a small dinner party in February 1963; also present were Everett Glover, a chemist employed in Dallas, and his roommate Volkmar Schmidt.[A13-998] On February 22, Glover had a gathering at his house, one of the purposes of which was to permit his friends, many of whom were studying Russian, to meet the Oswalds.[A13-999] They were the objects of much attention.[A13-1000] Marina conversed at length with another guest named Ruth Paine, who had recently separated from her husband, Michael Paine, a research engineer at the Bell Helicopter plant in Fort Worth. Mrs. Paine, who was studying Russian, obtained Marina’s address[A13-1001] and shortly thereafter wrote Marina asking to see her. Marina responded by inviting Mrs. Paine to visit her.[A13-1002]

The Oswalds moved out of their Elsbeth Street apartment on March 3, 1963, to an upstairs apartment several blocks away at 214 West Neely Street. Oswald inquired about the apartment in response to a “For Rent” sign; the rent was $60 per month, not including utilities,[A13-1003] They moved without assistance, carrying their belongings in their hands and in a baby stroller.[A13-1004] Marina preferred the Neely Street apartment because it had a porch and was, she felt, more suitable for June.[A13-1005]

Aware of Oswald’s difficulties in obtaining employment, George Bouhe had advised him as early as October 1962 to attend a night school in Dallas.[A13-1006] On January 14, Oswald enrolled in a typing course in the night school of Crozier Technical High School, and started attending on January 28. The class ran from 6:15 to 7:15 p.m. on Mondays, Tuesday, and Thursdays. Although Oswald reviewed a typing textbook at home, he attended the course irregularly and stopped going altogether on about March 28.[A13-1007]

Ruth Paine and Marina started to exchange visits in March. Mrs. Paine invited the Oswalds for dinner, and on April 20 she took them on a picnic. When Oswald was not present, the two women frequently discussed their respective marital problems, and Marina disclosed to Mrs. Paine that she was pregnant.[A13-1008] Marina wrote of these meetings:

One day we were invited to a friend’s house, where I met Ruth Paine, who was studying Russian here in America and wanted to improve her conversational knowledge. We began to see each other. Ruth would come to see me with her children. This was very good for both me and for June. She was growing up alone and becoming terribly wild, so the company of other children was good for her. Sometimes we went out on picnics at a nearby lake. Lee loved to fish, and we would look and rejoice if he caught a little fish. Several times we went to visit Ruth who lived in Irving.[A13-1009]

Using the name of A. J. Hidell, Oswald had ordered a Smith & Wesson .38 revolver from Los Angeles on a form which he dated January 27. On March 12, he ordered a rifle from Klein’s Sporting Goods in Chicago under the name of A. Hidell.[A13-1010] Oswald used the name “Alek James Hidell” on identification cards which he probably produced at Jaggars-Chiles-Stovall. One of his fellow employees taught him various photographic techniques, which he could have used to prepare not only these cards, but also the samples of his work which he sent to various organizations.[A13-1011]

Both weapons were shipped on March 20.[A13-1012] Oswald kept the rifle in a small storeroom at the Neely Street apartment. He spent long periods of time in the storeroom, which he told Marina she was not to enter.[A13-1013] He told her that he intended to use the rifle for hunting[A13-1014] and that he practiced with it. She saw him leave with it once, and clean it several times.[A13-1015] He also posed for two pictures, taken by Marina in the backyard of the Neely apartment, in which he held his rifle and copies of the Worker and the Militant and the revolver was strapped to his belt. He gave one of the pictures to his wife and asked her to keep it for June.[A13-1016]

Over the weekend of March 9-10, Oswald photographed the alley which runs behind the home of Gen. Edwin Walker, and probably at about the same time he photographed the rear of Walker’s home and a nearby railroad track and right-of-way.[A13-1017] He prepared and studied a notebook in which he outlined a plan to shoot General Walker, and he looked at bus schedules.[A13-1018] He went to the Walker residence on the evening of April 6 or 7, planning to make his attack. However, he changed his plans, hid his rifle nearby, and determined to act on the following Wednesday, April 10, when a nearby church was planning a meeting which, Oswald reasoned, would create a diversion that would help him escape.[A13-1019] On Wednesday, Oswald left a note for Marina telling her what to do if he were apprehended. He retrieved his rifle and fired at Walker, but the bullet narrowly missed Walker’s head. Oswald secreted his rifle again and took the bus home.[A13-1020]

When Oswald told Marina what he had done, she became angry and made him promise never to repeat such an act. She testified that she kept his letter, intending to give it to the authorities if he repeated his attempt. He told Marina that he was sorry he had missed Walker and said that the shooting of Walker would have been analogous to an assassination of Hitler.[A13-1021] Several days later, the De Mohrenschildts visited the Oswalds, bringing an Easter present for June. During the visit, Jeanne De Mohrenschildt saw the rifle and told her husband about it. Without any knowledge of the truth, De Mohrenschildt jokingly intimated that Oswald was the one who had shot at Walker. Oswald apparently concluded that Marina had told De Mohrenschildt of his role in the attempt and was visibly shaken.[A13-1022]

On April 6, Oswald was dropped by Jaggars-Chiles-Stovall because, in his supervisor’s opinion, he could not do the work, although he was trying; in addition, he did not get along with his fellow employees.[A13-1023] The fact that he brought a Russian newspaper to work may also have been of some significance.[A13-1024] Marina testified that her husband, who had always worried about his job security at Jaggars-Chiles-Stovall,[A13-1025] was quite upset by the loss of his job since he had liked the work.[A13-1026]

Oswald again resorted to the Texas Employment Commission.[A13-1027] On April 8, he informed the Commission that he was seeking employment but was referred to no employers. He stated that he had been laid off at Jaggars-Chiles-Stovall due to lack of work.[A13-1028] On April 12, he made a claim for unemployment benefits; 4 days later the commission mailed him a determination disapproving his claim because of insufficient wage credits.[A13-1029]

For a while after the Oswalds moved into the Neely Street apartment they got along well,[A13-1030] but they soon began to quarrel.[A13-1031] Oswald was apparently still preventing Marina from learning English,[A13-1032] and there is some indication that he continued to beat her.[A13-1033] Since February, he had been urging her to return to Russia.[A13-1034] Marina wrote several letters to the Russian Embassy requesting a visa to return to Russia;[A13-1035] she testified, however, that Oswald forced her to write them, and that she never wanted to return to Russia.[A13-1036]

When Ruth Paine visited the Oswalds at their apartment on April 24, she was surprised to learn that Oswald was packed and ready to leave for New Orleans by bus. He explained that he had been unable to find employment in or around Dallas, and that Marina had suggested that he go to New Orleans since he had been born there.[A13-1037] Marina has testified that the real reason behind her suggestion was that she wanted to get him out of town because of the Walker incident.[A13-1038] Mrs. Paine offered to drive Marina to New Orleans at a later date, and also to have Marina and June stay with her rather than at the apartment in the meantime. Oswald helped the women pack Mrs. Paine’s car, and the two women moved everything from the Neely Street apartment to the Paine house in Irving.[A13-1039]

When he arrived at the bus station in New Orleans, Oswald telephoned his aunt, Lillian Murret, to ask if he could stay at her home at 757 French Street while he looked for employment. She had been unaware that he had returned from Russia or that he was married and had a child and was surprised to hear from him. She said that she did not have room to accommodate three guests, but that since he was alone he was welcome.[A13-1040]

Oswald had been born in New Orleans, and on his return showed great interest in finding out what had happened to the other members of his father’s family. He visited the cemetery where his father was buried and called all the Oswalds in the telephone book. By this method he located one relative, Mrs. Hazel Oswald of Metairie, La., the widow of William Stout Oswald, his father’s brother. He visited her at her home; she gave him a picture of his father and told him that as far as she knew the rest of the family was dead.[A13-1041]

On April 26, Oswald began his search for employment. He went to the employment office of the Louisiana Department of Labor and stated that he was qualified as a commercial photographer, shipping clerk, or “darkroom man.” The interviewer noted on Oswald’s application card: “Will travel on limited basis. Will relocate. Min. $1.25 hr. Neat. Suit. Tie. Polite.”[A13-1042] Although the employment commission made a few referrals, Oswald relied primarily upon newspaper advertisements, and applied for a number of positions.[A13-1043] Mrs. Murret testified that he would spend the day job hunting, return to her home for supper, watch television, and go to bed.[A13-1044]

On April 29, he filed a request for reconsideration of the employment commission’s disapproval of his unemployment compensation claim. His complaint that he had not been credited for his employment at Jaggars-Chiles-Stovall was ruled valid on May 8, and he was granted maximum benefits of $369, payable at the rate of $33 per week. He filed interstate claims on May 7 and 15, and received $33 in response to the latter; the former claim was filed before the expiration of the prescribed waiting period.[A13-1045] Not only had Oswald in fact been working since May 10, but he included on his claim sheet, as concerns with which he had sought work, fictitious employers and employers whom he apparently had not contacted.[A13-1046]

Oswald wrote to Marina: “All is well. I am living with Aunt Lillian. She has very kindly taken us in. I am now looking for work. When I find it I will write you.”[A13-1047] And on May 3, he wrote to Marina and Ruth Paine: “Girls, I still have not found work, but I receive money from the unemployment office in the amount 15 to 20 dollars. They were mistaken in the Dallas office when they refused, but I straightened everything out. Uncle ‘Dyuz’ offered me a loan of $200.00 if needed. Great, eh?!”[A13-1048]

On May 9, responding to a newspaper advertisement, Oswald completed an application for employment with William B. Reily Co., Inc., at 640 Magazine Street, an enterprise engaged in the roasting, grinding, canning, bagging, and sale of coffee. On his application form, Oswald listed as references in addition to John Murret, “Sgt. Robert Hidell” and “Lieut. J. Evans,” both apparently fictitious names.[A13-1049] His application was approved and he began work on May 10, at the rate of $1.50 per hour. His task was the lubrication of the company’s machinery.[A13-1050] Oswald did not enjoy this work,[A13-1051] and told his wife and Mrs. Paine that he was working in commercial photography.[A13-1052]

Also on May 9, Oswald obtained an apartment at 4905 Magazine Street with the help of Myrtle Evans, who had known him when he was a child. The rent was $65 a month. Oswald moved in on May 10,[A13-1053] after telephoning Marina on the ninth and asking her to come to New Orleans. Ruth Paine testified that the invitation elated Marina: “Papa nas lubet”--“Daddy loves us,” she repeated again and again. Mrs. Paine drove Marina and June to New Orleans; they left Dallas on May 10, spent the night in Shreveport, and arrived on the 11th. Mrs. Paine stayed with the Oswalds for 3 days; the three of them, with June and Mrs. Paine’s children, toured the French Quarter. On May 14, Mrs. Paine left New Orleans to return to her home.[A13-1054]

The Murrets and the Oswalds exchanged visits from time to time; Marina testified that the Murrets were very good to them.[A13-1055] Mrs. Murret’s daughter, Marilyn, took the Oswalds on an outing.[A13-1056] But, according to Marina’s testimony, aside from Ruth Paine and Ruth Kloepfer and her daughters, the Murrets were the only social visitors the Oswalds had.[A13-1057] Ruth Kloepfer was a clerk of the Quaker Meeting in New Orleans whom Ruth Paine had written in the hope that she might know some Russian-speaking people who could visit Marina. Mrs. Kloepfer herself visited the Oswalds but made no attempt to direct any Russian-speaking people to them.[A13-1058]

On July 19, Oswald was dismissed by Reily because of inefficiency and inattention to his work. He had spent many of his working hours next door at the Crescent City Garage, where he read gun magazines and discussed guns with one of the owners, Adrian Alba.[A13-1059] On the following Monday, July 22, Oswald again visited the Louisiana employment office to seek new employment and file a claim for unemployment compensation. Thereafter, he collected unemployment compensation weekly and, although apparently making some effort to obtain another job, again listed a number of fictitious job applications on his unemployment compensation claim forms.[A13-1060] He soon gave up his search for employment, and began to spend his days at home reading.[A13-1061] He received another setback on July 25, when he was notified that in response to the request for review which he had made in 1962, his undesirable discharge from the Marine Corps had been affirmed.[A13-1062]

During this period, Oswald began to evidence thoughts of returning to the Soviet Union or going to Cuba. On June 24 he applied for a new passport, which he received on the following day.[A13-1063] Apparently at Oswald’s request,[A13-1064] Marina wrote to the Russian Embassy, expressing a desire to return to Russia and indicating that she would be accompanied by her husband. She explained that she wanted to return because of family problems, including the impending birth of her second child.[A13-1065] Accompanying her letter was a letter written by Oswald dated July 1, in which he asked the Embassy to rush an entrance visa for his wife and requested that his visa be considered separately.[A13-1066] Marina believed that Oswald was really planning to go only to Cuba.[A13-1067] She testified that “his basic desire was to get to Cuba by any means, and that all the rest of it was window dressing for that purpose.”[A13-1068]

During the early days of the New Orleans period, the Oswalds’ marriage was more harmonious than it had been previously. Marina wrote:

* * * our family life in New Orleans was more peaceful. Lee took great satisfaction in showing me the city where he was born. We often went to the beach, the zoo, and the park. Lee liked to go and hunt crabs. It is true, that he was not very pleased with his job * * * We did not have very much money, and the birth of a new child involved new expenses * * * As before, Lee spent a great deal of time reading.[A13-1069]

Marina testified, however, that after they had been in New Orleans for a while, Oswald became depressed and that she once found him alone in the dark crying.[A13-1070] She wrote to Ruth Paine that his “love” had ceased soon after Mrs. Paine had left New Orleans.[A13-1071] Mrs. Paine testified, however, that she had noticed friction between the Oswalds before she left.[A13-1072] On July 11, Mrs. Paine wrote Marina that if Oswald did not wish to live with her any more and preferred that she return to the Soviet Union, she could live at the Paines’ house. Although Mrs. Paine had long entertained this idea, this was the first time she explicitly made the invitation. She renewed the invitation on July 12, and again on July 14; she attempted to overcome any feeling which Marina might have that she would be a burden by stating that Marina could help with the housework and help her learn Russian, and that she would also provide a tax advantage.[A13-1073]

Marina replied that she had previously raised the subject of a separation and that it had led to arguments. She stated that she was happy and that for a considerable period of time Oswald had been good to her. She attributed this improved attitude to the fact that he was anticipating their second child. Marina turned down Mrs. Paine’s invitation but said that she would take advantage of it if things became worse.[A13-1074] Mrs. Paine replied that she was taking a trip north to visit her parents and would visit Marina in New Orleans about September 18. She also suggested that Marina come to her house for the birth of the baby.[A13-1075]

On July 6, Eugene Murret, a cousin of Oswald who was studying to be a Jesuit Priest in Mobile, Ala., wrote and asked if Oswald could come to Mobile and speak at the Jesuit House of Studies about “contemporary Russia and the practice of Communism there.” Oswald accepted, and on July 27 he and his family, joined by some of the Murrets, traveled to Mobile; Charles Murret paid the expenses. Oswald spoke concerning his observations in Russia and conducted a question and answer period; he impressed his listeners as articulate. He indicated that he had become disillusioned during his stay in Russia, and that in his opinion the best political system would be one which combined the best points of capitalism and communism.[A13-1076] While he left his listeners with the impression that he was an atheist, he avoided a direct discussion of religion. The group returned to New Orleans on July 28.[A13-1077]

In late May and early June, Oswald had apparently begun to formulate plans for creating a New Orleans branch of the Fair Play for Cuba Committee. Using the name “Lee Osborne” he ordered a number of printed circulars demanding “Hands off Cuba” in large letters, and application forms and membership cards for the proposed chapter.[A13-1078] On August 5, he visited a store managed by Carlos Bringuier, a Cuban refugee and avid opponent of Castro and the New Orleans delegate of the Cuban student directorate. Oswald indicated an interest in joining the struggle against Castro. He told Bringuier that he had been a marine and was trained in guerrilla warfare, and that he was willing not only to train Cubans to fight Castro but also to join the fight himself. The next day Oswald returned to the store and left his “Guidebook for Marines” for Bringuier.[A13-1079]

On August 9, Bringuier saw Oswald passing out Fair Play for Cuba leaflets. Bringuier and his companions became angry and a dispute resulted. Oswald and the three Cuban exiles were arrested for disturbing the peace.[A13-1080] Oswald spent the night in jail and was interviewed the next day by a lieutenant of the New Orleans Police Department. At Oswald’s request, an FBI agent also interviewed him. Oswald maintained that he was a member of the New Orleans branch of the Fair Play for Cuba Committee which, he claimed, had 35 members. He stated also that he had been in touch with the president of that organization, A. J. Hidell.[A13-1081] Oswald was in fact the only member of the “New Orleans branch,” which had never been chartered by the National Fair Play for Cuba Committee.[A13-1082] Later that day Oswald was released on bail, and 2 days later he pleaded guilty to the charges against him and paid a $10 fine. The charges against the Cuban exiles were dismissed.[A13-1083] Marina testified that the arrest upset Lee and that he “became less active, he cooled off a little” after it.[A13-1084]

On August 16, Oswald, assisted by at least one other person who was a hired helper, again passed out Fair Play for Cuba literature, this time in front of the International Trade Mart. That night, television newscasts ran pictures of Oswald’s activities.[A13-1085] (This hindered Oswald’s subsequent attempts to obtain employment in New Orleans.)[A13-1086] Bringuier sent one of his friends to Oswald’s home to pose as a Castro sympathizer and attempt to obtain information about Oswald, but Oswald apparently saw through the ruse.[A13-1087]

William Stuckey, a radio broadcaster with a program called “Latin Listening Post,” had long been looking for a member of the Fair Play for Cuba Committee to appear on his program. He learned about Oswald from Bringuier, and visited Oswald on August 17. Later that day, Stuckey recorded an interview with Oswald which was cut to about 5 minutes and played back on the show that evening.[A13-1088] Two days later, Stuckey asked the news director of the station if he could run the entire tape, but the director felt that a debate with a local opponent of Castro would be of greater public interest. Consequently, Stuckey arranged for a debate between Oswald and Bringuier on a 25-minute daily public affairs program called “Conversation Carte Blanche,” which took place on August 21.[A13-1089] Oswald defended the Castro regime and discussed Marxism. He was put on the defensive when his defection to Russia was brought up,[A13-1090] and Stuckey later testified that he thought that the program had finished the Fair Play for Cuba Committee in New Orleans.[A13-1091] However, Stuckey also testified that Oswald seemed to be a clean-cut and intelligent person who conducted himself very well during the interviews and debates.[A13-1092]

Oswald wrote several times to V. T. Lee, then national director of the Fair Play for Cuba Committee, telling him, sometimes in exaggerated terms, of his activities.[A13-1093] He wrote also to the Communist Party and asked whether, in view of his prior defection, he should “continue to fight, handicapped as it were, by * * * [his] past record, [and] compete with anti-progressive forces, above-ground or * * * should always remain in the background, i.e., underground.” [A13-1094] The Party replied that “often it is advisable for some people to remain in the background, not underground.” [A13-1095] And although Oswald wrote four letters to V. T. Lee during the summer,[A13-1096] there is no evidence that Oswald heard from him after May 29.

Ruth Paine arrived in New Orleans on September 20, and spent three nights with the Oswalds. During this stay, Mrs. Paine found relations between them much improved. Nonetheless, it was decided that Marina would go back with her to Irving for the birth of the baby. Marina and Mrs. Paine toured Bourbon Street while Oswald stayed home and did some packing for Marina’s return to Texas.[A13-1097] On Sunday, September 22, Oswald and Mrs. Paine finished loading the station wagon with the Oswalds’ household belongings.[A13-1098]

MEXICO CITY

Marina Oswald testified that sometime in August her husband first told her of his plan to go to Mexico and from there to Cuba, where he planned to stay; he had given up a plan to hijack an airplane and fly directly to Cuba, which plan Marina consistently opposed.[A13-1099] On September 17, he obtained from the Mexican consulate general in New Orleans a “Tourist Card,” FM-8 No. 24085, good for one journey into Mexico for no longer than 15 days. Typed in the blank, “Appelidos y nombre,” was “Lee, Harvey Oswald,” “Fotogrofo”; the intended destination was shown as Mexico City.[A13-1100] (The comma between “Lee” and “Harvey” seems to have been an error.)[A13-1101] On the application Oswald stated that he was employed at “640 Rampart”; he was in fact unemployed.[A13-1102] (See Commission Exhibits Nos. 2478, 2481, p. 300.)

Marina and June departed with Mrs. Ruth Paine for Irving on the morning of September 23.[A13-1103] Before she left, Oswald told Marina that she should not tell anyone about his impending trip to Mexico.[A13-1104] Marina kept this secret until after the assassination.[A13-1105] On the previous day, Oswald’s landlord had seen Mrs. Paine’s car being packed and had asked Oswald, whose rent was about 15 days overdue, whether he was leaving. Oswald told him that Marina was leaving temporarily but that he would remain.[A13-1106] A neighbor testified that on the evening of September 24, he saw Oswald, carrying two pieces of luggage, hurriedly leave the Magazine Street apartment and board a bus.[A13-1107] Though uncertain of the exact date, a city busdriver recalls that at the same time of day and at the same location he picked up a man who was carrying two suitcases of different sizes and helped him place them so that they would not disturb the other passengers. The driver remembers that the man asked directions to the Greyhound bus station. He discharged the passenger at an intersection where he could board a Canal Street car and transfer to another bus which would go past the Greyhound and Continental Trailways stations.[A13-1108] The landlord found Oswald’s apartment vacant on September 25.[A13-1109]

Oswald appears to have taken with him a Spanish-English dictionary;[A13-1110] his address book;[A13-1111] his 1963 passport and old passport;[A13-1112] his correspondence with the Communist Party and with the Soviet Embassy in Washington, some of which was in Russian;[A13-1113] proof of his marriage;[A13-1114] newspaper clippings concerning his arrest and his interest in the activities of the Fair Play for Cuba Committee[A13-1115] (activities which, Marina testified, he had undertaken because he thought that they would help him when he got to Cuba);[A13-1116] evidence that he was the “Director” of the New Orleans chapter of the Committee;[A13-1117] and various other cards, such as a work card, which he had obtained in Russia.[A13-1118] He took also several sheets of notepaper on which he had written a summary of important events in his life which he presumably intended to call to the attention of Cuban and Soviet officials in Mexico City to convince them to let him enter Cuba. On these sheets he had recorded facts about his Marine service, including the dates of his enlistment and discharge, the places where he had served, and the diplomas that he had received from military school. Recorded also were notes on his stay in the Soviet Union, his early interest in Communist literature, his ability to speak Russian, his organization of the New Orleans chapter of the Fair Play for Cuba Committee, his contact with police authorities in connection with his work for the Committee, and his experience in “street agitation,” as a “radio speaker and lecturer,” and as a photographer.[A13-1119] The two pieces of luggage which Oswald took with him were a small, blue, zipper bag[A13-1120] and a large, olive-colored bag,[A13-1121] both made of cloth. He carried the smaller bag with him throughout the trip, but, at least from Nuevo Laredo to Mexico City, checked the larger one through to his destination.[A13-1122]

Oswald remained in New Orleans until September 25. His precise whereabouts on the night of September 24 are uncertain, but in view of his limited finances, he probably returned to the apartment to sleep after checking his luggage at a bus station or spent the night at an inexpensive hotel or roominghouse. Some time after 5 a.m. on September 25, he collected a Texas unemployment compensation check for $33 at his New Orleans post office box. He cashed the check between 8 a.m. and noon at a store about six blocks from his apartment on Magazine Street.[A13-1123] This gave him about $200 for the trip to Mexico.[A13-1124]

He left New Orleans by bus,[A13-1125] probably on Continental Trailways Bus No. 5121, departing New Orleans at 12:20 p.m. on September 25, and scheduled to arrive in Houston at 10:50 p.m.; that bus is the only one on which Oswald could have left New Orleans after noon on September 25[A13-1126] and arrived in Houston before midnight.[A13-1127] Sometime in the evening he called the home of Horace Elroy Twiford, a member of the Socialist Labor Party who had received Oswald’s name from the party’s headquarters in New York and sent him a copy of its official publication, the “Weekly People.”[A13-1128] Mrs. Twiford, who answered the telephone,[A13-1129] believes that the call was made locally, before 10 p.m. It may have been made from Beaumont or some other stop on the route; however, in view of the bus schedule, it probably was made in Houston later than Mrs. Twiford remembered.[A13-1130] Oswald told Mrs. Twiford that he was a member of the Fair Play for Cuba Committee and that he hoped to see her husband for a few hours that evening before he flew to Mexico. He wanted also to find out how Twiford had obtained his name and address. Mrs. Twiford told Oswald that her husband, a merchant seaman, was at sea but would be happy to see him at some other time; she offered to take a message. Oswald said that he could not await her husband’s return because he was flying to Mexico.[A13-1131] The Twifords have stated that they had no other contact with Oswald.[A13-1132]

An employee of the U.S. Selective Service System has stated that an individual calling himself “Harvey Oswald” appeared at her office in Austin, Tex., immediately after lunch on September 25, and discussed with her the possibility of rectifying his undesirable discharge from the Marine Corps.[A13-1133] Despite the employee’s reputability and apparent sincerity, all of the information which she furnished with respect to Oswald’s appearance and conversation could have been derived from news media, consciously or unconsciously, by the time she told the FBI her story. Other persons in Austin who, according to the employee’s testimony, should also have observed Oswald failed to corroborate her testimony.[A13-1134] No other evidence tending to show that Oswald was in Austin at this time has been discovered.

The telephone call which Oswald made to the Twifords on the evening of September 25, indicates that he was either in Houston or on his way there when he made it, since the purpose of the call was to make an appointment to see Twiford in Houston that evening. Oswald could not have left New Orleans on September 25, been in Austin 521 miles away by early afternoon, and returned 162 miles to Houston by night unless he traveled by air; airline records contain no indication that Oswald was on such flights.[A13-1135] It is very unlikely that he had with him enough money beyond what he needed for the trip to Mexico City to take such flights, and the poor state of his finances at this time plus his well-established frugality make it extremely unlikely that he would have considered it worthwhile to do so even if he could. There is no evidence that Oswald was in such a hurry to reach Mexico that he would have felt it necessary to travel by airplane rather than a less expensive means of travel. He took a bus from Houston to Mexico City, lived very inexpensively there, and took a bus back to Dallas; there is no apparent reason why he would have interrupted such an inexpensive trip to fly to Austin and then to Houston. He told a passenger whom he met on the next leg of his trip that he had come from New Orleans, and made no reference to Austin.[A13-1136]

On September 26, Oswald boarded Continental Trailways bus No. 5133 in Houston and departed at 2:35 a.m. for Laredo, Tex., via Corpus Christi and Alice.[A13-1137] Two British tourists, Dr. and Mrs. John B. McFarland, who boarded No. 5133 in Houston, noticed Oswald when they awoke at about 6 a.m. Oswald told them that he was going to Cuba via Mexico City, and they inferred from conversation with him that he had left New Orleans early in the afternoon of September 25 and that he was going to Cuba via Mexico City. He said also that he was secretary of the New Orleans branch of the Fair Play for Cuba Committee and that he hoped to see Fidel Castro in Cuba. The bus was scheduled to arrive in Laredo at approximately 1:20 p.m.[A13-1138]

Oswald crossed the border from Laredo to Nuevo Laredo, Mexico, between 1:30 and 2 p.m.[A13-1139] From Nuevo Laredo, he traveled to Mexico City aboard bus No. 516 of the Flecha Roja Bus Line, which departed at 2:15 p.m. and was scheduled to arrive in Mexico City at 9:45 a.m. on the following day; he held baggage claim check No. 320435.[A13-1140] He was seen on the bus by the McFarlands and by two Australian girls who boarded the bus on the evening of September 26 at Monterrey.[A13-1141] He occupied the seat next to an elderly Englishman, who told the girls that the young man sitting next to him apparently had been to Mexico before.[A13-1142] The man next to Oswald was probably Albert Osborne, a native of the British Isles who has worked as an itinerant preacher in the Southern United States and Mexico for many years. Osborne denied that he sat beside Oswald; but in view of his inconsistent and untrue responses to Federal investigators concerning matters not directly related to Oswald, the Commission believes that his denial cannot be credited. It appeared to the other passengers on the bus that Osborne and Oswald had not previously met; extensive investigation has revealed no other contact between them.[A13-1143]

In the course of the 20-hour bus trip, Oswald initiated two conversations with the Australian girls, during which he mentioned his visit to Russia and recommended the Hotel Cuba in Mexico City as a “clean and cheap” hotel; he told them, apparently falsely, that he had stayed there on previous occasions. He said that when he had seen them board the bus with their heavy suitcases, he had been under the impression that they were Mexican and had therefore asked the man next to him how to say “How can I help you?” in Spanish. From this they inferred that Oswald did not speak Spanish, an impression which is shared by every witness who met Oswald on his trip and is supported by notations which he made on documents that he carried.[A13-1144] He got off the bus at every stop and ate large meals, always eating by himself; the girls thought he ate so much because he could not make himself understood in Spanish and had to order by pointing at the menu.[A13-1145] The bus arrived in Mexico City 15 minutes late, at 10 a.m.[A13-1146] Oswald left the bus station by himself and had no known further contact with any of the people with whom he had spoken on the bus.[A13-1147]

Oswald registered at the Hotel del Comercio within an hour of his arrival in Mexico City. He stayed there throughout his visit.[A13-1148] The hotel, located not far from the commercial heart of the city and within four blocks of the bus station, is one of a group of hotels located near the intercity bus terminals and has perhaps the best appearance of the group.[A13-1149] It is known by personnel in other hotels that the owner of the Hotel del Comercio can understand and speak a little English.[A13-1150] Oswald registered as “Lee, Harvey Oswald,” and gave his occupation as “photo.”[A13-1151] He had room 18 which cost $1.28 per day.[A13-1152]

After he had registered, Oswald turned promptly to the task of obtaining permission to enter Cuba. Mexican officials would not permit a U.S. citizen without a Cuban visa to board a plane for Cuba even if he had an American passport, but would permit passage if he had a visa even though the passport proscribed travel to Cuba.[A13-1153] Oswald had a 1963 American passport (stamped invalid for travel to Cuba)[A13-1154] but had neither a regular Cuban visa nor an intransit visa which would permit a short stay in Cuba on his way to Russia or some other country. His address book contained the telephone number and address of a Cuban airline, but there is evidence that he never visited its office.[A13-1155]

He visited the Cuban Embassy on Friday, September 27 and spoke with Senora Silvia Tirado de Duran, a Mexican citizen employed there. Senora Duran later made a signed statement to the Mexican police that Oswald:

* * * applied for a visa to Cuba in transit to Russia and based his application on his presentation of his passport in which it was recorded that he had been living in the latter country for a period of three years, his work permit from that same country written in the Russian language and letters in the same language, as well as proof of his being married to a woman of Russian nationality and being the apparent Director in the city of New Orleans of the organization called “Fair Play for Cuba” with the desire that he should be accepted as a “friend” of the Cuban Revolution * * * [A13-1156]

He apparently also stated that he was a member of the Communist Party and displayed documents which he claimed to be evidence of his membership.[A13-1157] He said that he intended to go to Cuba on September 30 and to remain there for 2 weeks, or longer if possible, and then go on to Russia.[A13-1158] Senora Duran took down the relevant date and filled out the appropriate application. Oswald left the Embassy but was to return in the afternoon.[A13-1159]

Then, or possibly even before his initial visit to the Cuban Embassy Oswald went to the Soviet Embassy where he spoke with either Pavel Antonovich Yatskov or Valeriy Vladimirovich Kostikov.[A13-1160] They are both consular officials serving also as agents of the KGB.[A13-1161] Oswald later said that he had dealt with “Kostin,”[A13-1162] undoubtedly a reference to Kostikov. He was unable to obtain a Soviet visa then. Marina said that the officials at the Soviet Embassy “refused to have anything to do with him.”[A13-1163]

Oswald returned to the Cuban Embassy later that afternoon, this time bringing with him passport photographs which he may have obtained in the United States.[A13-1164] Senora Duran telephoned the Soviet Embassy to inquire about the status of Oswald’s Russian visa and was told that there would be a delay of about 4 months.[A13-1165] Oswald became “highly agitated and angry,” particularly when he learned that he could not obtain an intransit visa to Cuba before he acquired a Russian visa. Senora Duran called the Cuban consul, then Eusibio Azque, to speak to him. The discussion between Oswald and Azque developed into a heated argument, which ended when Azque told Oswald that in his opinion people like Oswald were harming the Cuban Revolution and that so far as Azque was concerned, he would not give Oswald a visa.[A13-1166] Senora Duran wrote her name and the phone number of the Embassy on a piece of paper which she gave to Oswald in case he wished to contact her again. He copied this information into his address book.[A13-1167] Senora Duran forwarded the Cuban visa application to Havana;[A13-1168] the Cuban Ministry of Foreign Affairs replied on October 15 that the visa could be issued only after Oswald had obtained a Russian visa.[A13-1169] (See Commission Exhibit No. 2564, p. 303.)

Oswald contacted the Russian and Cuban Embassies again during his stay in Mexico.[A13-1170] He had no greater success than he had before. Marina testified that when he returned to Texas, he was convinced that his trip had been a failure and disappointed at having been unable to go to Cuba.[A13-1171] A month later, in a painstakingly composed[A13-1172] letter to the Soviet Embassy in Washington, Oswald ascribed his failure to “a gross breach of regulations” on the part of the Cuban Embassy. “Of corse,” he wrote, “the Soviet Embassy was not at fault, they were, as I say unprepared.”[A13-1173]

The hotel maid said that Oswald generally was gone by the time she arrived at 9 a.m. The night watchman said he usually returned at about midnight,[A13-1174] which is not unusual, in view of the late hour at which Mexico City’s evening activities begin. He ate several lunches at a small restaurant immediately adjacent to the hotel, coming to the restaurant shortly after 2 p.m., and ordering food by pointing to the menu, apparently with some consideration of cost; he spent between 40 and 48 cents for each meal. He ate the soup of the day, rice, and either meat or eggs, but refused dessert and coffee; the waitress concluded that Oswald did not realize that the items which he refused were included in the price of the lunch.[A13-1175] He was seen with no other person either at his hotel or at the restaurant.[A13-1176] A hotel guest stated that on one occasion he sat down at a table with Oswald because there was no empty table in the restaurant, but that neither spoke to the other because of the language barrier.[A13-1177]

Although the Soviet and Cuban Embassies are within two blocks of each other, they are some distance from Oswald’s hotel.[A13-1178] He must, therefore, have traversed a substantial portion of the city on more than one occasion. Marina testified that he told her that he had seen a bullfight,[A13-1179] which would normally have been on Sunday afternoon, and that he had visited museums[A13-1180] and done some sightseeing.[A13-1181] He apparently also saw one or more motion pictures, either American with Spanish subtitles or Mexican with English subtitles.[A13-1182] From notations in his Spanish-English dictionary and on his guide map of Mexico City, it appears that Oswald intended to attend a jai alai game[A13-1183] but he almost certainly did not do so.[A13-1184]

He purchased several postcards depicting bullfights and tourist attractions, which he brought back to Marina.[A13-1185] She had told him before he left that she would like Mexican silver bracelets as a souvenir, and he brought her a silver bracelet inscribed with her name.[A13-1186] Marina suspected, almost certainly correctly, that the bracelet, of Japanese origin, did not come from Mexico.[A13-1187] No such jewelry is known to be sold in or around Mexico City, because of a high duty[A13-1188] but the bracelet is of a type commonly sold in 5-and-10-cent stores in Dallas.[A13-1189] Oswald did not buy the Mexican phonograph records which Marina had requested, despite the notation, “records,” which he had placed in his dictionary.[A13-1190]

On Monday, September 30, Oswald began to prepare for his return to the United States. He appeared at the Agencia de Viages, Transportes Chihuahuenses,[A13-1191] and purchased international exchange orders costing $20.30 for travel on a Transportes del Norte bus from Mexico City to Laredo and by Greyhound bus directly from Laredo to Dallas. The travel agency made a reservation for him on Transportes del Norte bus No. 332, departing Mexico City at 8:30 a.m. on October 2. The seat, No. 12, was reserved in the name of the travel agency, which recorded the reservation in the name of “H. O. Lee.”[A13-1192] The employee who made the reservation testified that he probably wrote the name that way because he was copying from Oswald’s tourist card, which read “Lee, Harvey Oswald.”[A13-1193] (The manifest for Transportes Frontera bus No. 340, leaving Mexico City for Monterrey and Nuevo Laredo at 1 p.m. on Wednesday, October 2, 1963, contains the name “Oswld” [sic], which apparently was added to the manifest after the trip;[A13-1194] in any event, Oswald did not take bus 340.)[A13-1195]

On October 1, Oswald paid his hotel bill through that night.[A13-1196] The hotel night watchman remembers helping Oswald obtain a taxicab at about 6:30 or 7 on the following morning.[A13-1197] Transportes del Norte bus No. 332 left as scheduled at about 8:30 a.m.; at Monterrey the passengers were shifted to a relief bus, No. 373, scheduled to depart for Laredo at 10 p.m. that evening.[A13-1198] Fellow passengers recall that Oswald was pulled off the bus by Mexican officials at the border, because of some alleged irregularity in his Mexican tourist papers; one passenger overheard him mumbling complaints about the Mexican immigration officials when he returned to the bus.[A13-1199] They remember also that Oswald was hurriedly “gulping” down a banana after the bus reached customs, perhaps because he believed that he could not take fruit into the United States.[A13-1200] (Marina has testified that her husband liked bananas and frequently ate them.)[A13-1201] One of the passengers testified that Oswald annoyed him by keeping his overhead light on to read after 10 p.m.[A13-1202] He may have conversed with an elderly woman on the bus, but he was not traveling with her.[A13-1203]

At about 1:35 a.m. on October 3, Oswald crossed the International Bridge from Nuevo Laredo into Texas.[A13-1204] He traveled from Laredo to Dallas via San Antonio, on Greyhound bus No. 1265, substantially following Interstate Route 35 for the entire trip[A13-1205] leaving Laredo at 3 a.m. and arriving in Dallas at about 2:20 p.m. on the same day.[A13-1206]

DALLAS

Oswald did not contact his wife immediately when he returned to Dallas. He went to the office of the employment commission, where he filed an unemployment compensation claim[A13-1207] and announced that he was again looking for work.[A13-1208] He spent the night at the YMCA, where he registered as a serviceman in order to avoid paying the membership fee.[A13-1209] On the following day, he applied for a job as a typesetter trainee at the Padgett Printing Co. He made a favorable impression on the department foreman, but the plant superintendent called Jaggars-Chiles-Stovall and decided not to hire Oswald because of the unfavorable responses which his inquiries produced.[A13-1210] Later that day, Oswald telephoned Marina and asked her to have Mrs. Paine pick him up in Dallas. Marina refused, and he hitchhiked out to the Paine home,[A13-1211] where he spent part or all of the weekend.[A13-1212] Marina testified that although her husband “changed for the better” and treated her better after his Mexican trip,[A13-1213] she did not want to live with him because she was pregnant and thought it would be better “to be with a woman who spoke English and Russian.”[A13-1214] On Monday, October 7, Mrs. Paine drove Oswald to the bus station, and he returned to Dallas to look for a job and a place to live.[A13-1215]

Oswald thought that the YMCA was too expensive for him, and intended to rent a room.[A13-1216] He inquired about a room at 1026 North Beckley, where he lived later, but on October 7 there were no vacancies.[A13-1217] He next responded to a “For Rent” sign at a rooming house at 621 Marsalis Street. He obtained a room, for which he paid the weekly rent of $7 in advance, and moved in on the same day.[A13-1218] He immediately resumed his job-hunting, relying partially on referrals by the employment commission.[A13-1219] He spent much of the time when he was not looking for work in his room.[A13-1220] He telephoned his wife daily.[A13-1221] She wrote: “Lee called twice a day, was worried about my health and about June.”[A13-1222] On Friday, Oswald told his landlady, Mrs. Mary Bledsoe, that he was going to Irving for the weekend but would return the following week. She refused to rent the room to him for another week because she didn’t like him.[A13-1223]

Oswald spent the weekend of October 12-13 at Mrs. Paine’s home, during which time she gave him a driving lesson.[A13-1224] He told her that he had received the last of the unemployment checks due him, and that it had been smaller than the previous ones. Mrs. Paine testified that Oswald was extremely discouraged because his wife was expecting a baby, he had no job prospects in sight, and he no longer had any source of income.[A13-1225]

On Monday, Mrs. Paine drove Oswald into Dallas, since she had other business there.[A13-1226] He picked up his bag from Mrs. Bledsoe’s roominghouse[A13-1227] and later that day rented a room at 1026 North Beckley Avenue from Mrs. A. C. Johnson for $8 a week. He registered as O. H. Lee and moved in immediately.[A13-1228] Oswald felt that this room was more comfortable than the previous one, particularly because he had television and refrigerator privileges.[A13-1229] He apparently continued to spend most of his evenings in his room.[A13-1230] He borrowed books from the library[A13-1231] and had subscriptions to various periodicals, including Time, the Worker, the Militant, and some Russian periodicals.[A13-1232]

On that Monday, Mrs. Paine mentioned the Oswalds’ financial and employment problems to neighbors whom she was visiting. Mrs. Linnie Mae Randle, who was also present, remarked that she thought that her younger brother, Buell Wesley Frazier, who worked at the Texas School Book Depository, had said that there was a job opening there. When Marina heard of this, she asked Mrs. Paine to call the Depository to see if there was an opening.[A13-1233] Mrs. Paine called Roy S. Truly, superintendent of the Depository, who indicated that he would talk to Oswald if he would apply in person.[A13-1234] When Oswald telephoned the Paine house on Monday evening, Mrs. Paine told him about this possibility.[A13-1235] On the next day, Oswald was interviewed by Truly and hired in a temporary capacity. He began work on Wednesday, October 16. His duties were to fill book orders; his hours were 8 a.m. to 4:45 p.m., for which he received $1.25 an hour.[A13-1236]

Both the Oswalds were elated with the new job,[A13-1237] although it apparently required little skill or experience[A13-1238] and he indicated that he still hoped to obtain a better job.[A13-1239] He did a satisfactory job at the Depository,[A13-1240] but he kept to himself and very few of his fellow employees got to know him.[A13-1241]

During his first week at work, Oswald became acquainted with Frazier, with whom he arranged to ride to Irving on weekends.[A13-1242] On Friday, October 18, Frazier drove him from work to the Paine home;[A13-1243] since it was his birthday, Marina and Ruth Paine had arranged a small celebration.[A13-1244] On Sunday, he stayed with June and the Paine children, while Mrs. Paine drove Marina to Parkland Hospital where she gave birth to a second daughter, Rachel.[A13-1245] He went to work on Monday, but that evening visited Marina in the hospital and spent the night in Irving.[A13-1246] Marina wrote:

Monday evening Lee visited me in the hospital. He was very happy at the birth of another daughter and even wept a little. He said that two daughters were better for each other--two sisters. He stayed with me about two hours.[A13-1247]

Oswald returned to Dallas the next morning.[A13-1248]

Oswald wrote to Arnold Johnson of the Communist Party, U.S.A., that on the evening of October 23, he had attended an “ultra right” meeting headed by Gen. Edwin A. Walker.[A13-1249] Two evenings later, he accompanied Michael Paine to a meeting of the American Civil Liberties Union, held at Southern Methodist University.[A13-1250] At this meeting, a statement was made to the effect that members of the John Birch Society should not be considered anti-Semitic; Oswald rose and stated that at the meeting which he had attended 2 days earlier, he had heard a number of anti-Semitic and anti-Catholic statements. Later in the evening, Oswald became involved in a discussion with several people, including Frank Krystinik, who was employed with Paine at the Bell Helicopter plant. During this conversation, Oswald expressed Marxist views and declared that he was a Marxist, although denying that he was a Communist. He admitted that the United States was superior to the Soviet Union in the area of civil liberties and praised President Kennedy for his work in that connection.[A13-1251] Krystinik testified that he got the impression that Oswald did not fully understand the views he was expounding.[A13-1252]

Throughout that week Oswald telephoned his wife to inquire about her health and that of the baby. He spent the weekend at the Paine home, to which Marina and Rachel had returned during the week.[A13-1253] On Friday, November 1, he obtained post office box No. 6225 at the Terminal Annex Post Office Station. He indicated that the box would also be used to receive mail for the Fair Play for Cuba Committee and the American Civil Liberties Union.[A13-1254] Once again he spent the weekend in Irving.[A13-1255]

Throughout this period, the FBI had been aware of the whereabouts of the Oswalds. There was a record in the Dallas office of the FBI that Oswald subscribed to the Worker, engaged in Fair Play for Cuba Committee activities and had traveled to Mexico.[A13-1256] An FBI agent visited the Paine home on November 1 and, accompanied by another agent, again on November 5, and spoke briefly with Mrs. Paine. On neither occasion was Oswald present.[A13-1257] Ruth Paine noted the agent’s name and telephone number and, in accordance with her husband’s instructions, Marina noted the license number of the agent’s automobile, all of which was subsequenty reported to Oswald.[A13-1258] Both Mrs. Paine and Marina testified that Oswald was troubled by the FBI’s interest in him.[A13-1259] He declared that the FBI was “trying to inhibit” his activities,[A13-1260] and wrote the Soviet Embassy in Washington:

The Federal Bureu of Investigation is not now interested in my activities in the progressive organization “Fair Play for Cuba Committee” of which I was secretary in New Orleans (state Louisiana) since I no longer reside in that state. However, the F.B.I. has visted us here in Dallas, Texas, on November 1st. Agent James P. Hasty warned me that if I engaged in F.P.C.C. activities in Texas the F.B.I. will again take an “interest” in me.

This agent also ‘suggested’ to Marina Nichilayeva that she could remain in the United States under F.B.I. ‘protection’, that is, she could defect from the Soviet Uion, of couse, I and my wife strongly protested these tactics by the notorious F.B.I.

Please inform us of the arrival of our Soviet entrance visa’s as soon as they come.[A13-1261] (See Commission Exhibit 15, p. 311.)

Marina testified that the statements, both by and to the FBI agents, to which her husband referred in this letter, were in fact never made.[A13-1262]

The following Friday, November 8, Oswald as usual drove to the Paine house with Frazier.[A13-1263] On Saturday Mrs. Paine took him to the Texas Drivers’ License Examining Station, but because it was an election day the station was closed. Oswald stayed at the Paines through Monday, November 11, which was Veterans Day. During the weekend, Mrs. Paine gave Oswald a second driving lesson.[A13-1264]

Oswald did not go to Irving on the next weekend. His wife had asked him not to come because Michael Paine, with whom Oswald did not get along, would be there to celebrate his daughter’s birthday. Also, she felt that because he had stayed for 3 days the preceding weekend, he would abuse Mrs. Paine’s hospitality if he returned so soon. Oswald telephoned Marina on Saturday afternoon and said that he had returned to the drivers’ license examining station that morning but had not waited because there was a long line.[A13-1265]

On Sunday, November 17, at Marina’s request, Ruth Paine telephoned Oswald at the Beckley Avenue number, which he had given to Marina. When she asked for him, she was told that no one by that name lived at the address, which greatly surprised her. On the next day, Oswald telephoned his wife. When she indicated that she had been upset by the fact that there had been no Lee Oswald at the number which she had asked Mrs. Paine to call, Oswald became angry; he said that he was using a fictitious name and that she should not have called the Beckley Avenue number.[A13-1266] He did not telephone on the following day, which was unusual.[A13-1267]

On the morning of Thursday, November 21, Oswald asked Frazier to take him to Irving when he went home that evening, saying that he wanted to pick up some curtain rods.[A13-1268] His arrival was a surprise because he generally asked Mrs. Paine’s permission before arriving for a visit.[A13-1269] The women thought that he had come to Irving because he felt badly about arguing with his wife about the use of the fictitious name.[A13-1270] He said that he was lonely, because he had not come the preceding weekend, and told Marina that he “wanted to make his peace” with her.[A13-1271] He spent the time before dinner on the lawn playing with his daughter.[A13-1272] However, when he attempted to talk to his wife she would not answer, which upset him. He asked her to live with him in Dallas, and she refused.[A13-1273] After supper, Oswald watched television while the women cleaned the house and prepared their children for bed.[A13-1274] He retired early in the evening at about 9.[A13-1275]

APPENDIX XIV

Analysis of Lee Harvey Oswald’s Finances From June 13, 1962, Through November 22, 1963

The following analysis of Lee Harvey Oswald’s receipts and expenditures for the period June 13, 1962, through November 22, 1963, contains a complete record of all funds that he and his wife are reported to have received and disbursed from all known sources. It also contains an estimate for food, clothing, and incidental expenses, which include telephone calls, money order and check cashing fees, postage, local transportation costs, personal care goods and services, local newspapers, and similar small items. Oswald’s expenditures for food, clothing, and incidentals were estimated at $100 per month, except for those months in which his wife and children resided with relatives or acquaintances. The estimate reflects Oswald’s frugal living habits during this period, as described in chapter VI of this report. The Commission has been advised by the Bureau of Labor Statistics of the U.S. Department of Labor that this estimate is a little higher than would be normal for a family in Oswald’s income class residing in the southern region of the United States. (See Commission Exhibit No. 1169.)

Lee Harvey Oswald Receipts and Expenditures June 13, 1962, to Nov. 22, 1963

_Expendi- _Bal- Receipts tures_ ance_ June 1962: On hand on arrival, New York City[A14-1] $63.00 Received from Robert Oswald[A14-2] 200.00 Received from Marguerite Oswald[A14-3] 10.00 Transportation in New York City[A14-4] $10.35 Plane fare, New York City to Dallas, including luggage[A14-5] 201.04 Hotel bill, New York City[A14-6] 15.21 Estimated cost of food, clothing, and incidental expenses[A14-7] 5.00 Public stenographer[A14-8] 10.00 Estimated repayment, Robert Oswald[A14-9] 30.00 ------ ------ Total 273.00 271.60 ====== ====== Cash on hand, June 30, 1962 $1.40

July 1962: Net salary[A14-10] 46.82 Estimated repayment, Robert Oswald[A14-11] 10.00 Subscription for Time magazine[A14-12] 3.87 ------ ------ Total 46.82 13.87 ====== ====== Cash on hand, July 31, 1962 34.35

August 1962: Net salary[A14-13] $207.31 Repayment, State Department loan[A14-14] $10.00 Estimated repayment, Robert Oswald[A14-15] 50.00 Rent and utilities[A14-16] 71.50 Subscription for the Worker[A14-17] 2.00 Estimated cost of food, clothing, and incidental expenses[A14-18] 75.00 ------ ------ Total 207.31 208.50 ====== ====== Cash on hand, Aug. 31, 1962 $33.16

September 1962: Net salary[A14-19] 187.59 Received from Paul Gregory[A14-20] 35.00 Rent and utilities[A14-21] 71.50 Repayment, State Department loan[A14-22] 9.71 Estimated repayment, Robert Oswald[A14-23] 50.00 Subscription for the Russian humor magazine “Krokodil”[A14-24] 2.20 Estimated cost of food, clothing, and incidental expenses 100.00 ------ ------ Total 222.59 233.41 ====== ====== Cash on hand, Sept. 30, 1962 22.34

October 1962: Net salary[A14-25] 228.22 Received from George Bouhe[A14-26] 5.00 Repayment, State Department loan[A14-27] 10.00 Rent, room in YMCA[A14-28] 9.00 Post office box rental[A14-29] 4.50 Estimated repayment, Robert Oswald[A14-30] 60.00 Estimated cost of food, clothing, and incidental expenses[A14-31] 50.00 ------ ------ Total 233.22 133.50 ====== ====== Cash on hand, Oct. 31, 1962 122.06

November 1962: Net salary[A14-32] 315.71 Rent[A14-33] 73.00 Rental of U-Haul Trailer[A14-34] 5.00 Repayment, State Department loan[A14-35] 10.00 Bus fare, Dallas to Fort Worth and return[A14-36] 4.60 Estimated cost of food, clothing, and incidental expenses[A14-37] 50.00 ------ ------ Total 315.71 142.60 ====== ====== Cash on hand, Nov. 30, 1962 295.17

December 1962: Net salary[A14-38] $243.13 Rent[A14-39] $68.00 Post office box rental[A14-40] 4.50 Repayment, State Department loan[A14-41] 190.00 Subscription for the Militant[A14-42] 1.00 Estimated cost of food, clothing, and incidental expenses 100.00 ------ ------ Total 243.13 363.50 ====== ====== Cash on hand, Dec 31, 1962 $174.80

January 1963: Net salary[A14-43] 247.12 Rent and utilities[A14-44] 75.13 Repayment, State Department loan[A14-45] 206.00 Deposit, Smith & Wesson revolver[A14-46] 10.00 Fee paid Crozier Tech High School[A14-47] 9.00 Subscription for Ogonek, Agitator, Sovetskaya Belorussiya[A14-48] 13.20 Estimated cost of food, clothing, and incidental expenses 100.00 ------ ------ Total 247.12 413.33 ====== ====== Cash on hand, Jan. 31, 1963 8.59

February 1963: Net salary[A14-49] 256.95 Rent and utilities[A14-50] 71.64 Subscription for the Worker[A14-51] 7.00 Estimated cost of food, clothing, and incidental expenses 100.00 ------ ------ Total 256.95 178.64 ====== ====== Cash on hand, Feb. 28, 1963 86.90

March 1963: Net salary[A14-52] 327.55 Rent and utilities[A14-53] 78.76 Post office box rental[A14-54] 4.50 Cost of rifle[A14-55] 21.45 Subscription for Time magazine[A14-56] 3.82 Balance due on revolver and freight charge[A14-57] 21.22 Estimated cost of food, clothing, and incidental expenses 100.00 ------ ------ Total 327.55 229.75 ====== ====== Cash on hand, Mar. 31, 1963 184.70

April 1963: Net salary[A14-58] $108.86 Income Tax refund[A14-59] 57.40 Rent and utilities[A14-60] $62.97 Bus fare from Dallas to New Orleans[A14-61] 13.85 Estimated cost of food, clothing, and incidental expenses[A14-62] 100.00 ------ ------ Total 166.26 176.82 ====== ====== Cash on hand, Apr. 30, 1963 $174.14

May 1963: Net salary[A14-63] 107.44 Unemployment compensation check[A14-64] 33.00 Rent and utilities[A14-65] 75.00 Subscription for the Militant[A14-66] 1.00 Dues and printing--Fair Play for Cuba[A14-67] 9.00 Estimated cost of food, clothing, and incidental expenses[A14-68] 100.00 ------ ------ Total 140.44 185.00 ====== ====== Cash on hand, May 31, 1963 129.58

June 1963: Net salary[A14-69] 216.00 Rent and utilities[A14-70] 67.85 Post office box rental[A14-71] 4.00 Printing--Fair Play for Cuba[A14-72] 15.23 New alien registration card[A14-73] 5.00 Estimated cost of food, clothing, and incidental expenses 100.00 ------ ------ Total 216.00 192.08 ====== ====== Cash on hand, June 30, 1963 153.50

July 1963: Net salary[A14-74] 224.97 Rent and utilities[A14-75] 72.22 Printing--Fair Play for Cuba[A14-76] 3.50 Estimated cost of food, clothing, and incidental expenses 100.00 ------ ------ Total 224.97 175.72 ====== ====== Cash on hand, July 31, 1963 202.75

August 1963: Unemployment compensation payments[A14-77] 165.00 Rent and utilities[A14-78] 73.54 Fine[A14-79] 10.00 Distribution, Fair play for Cuba circulars[A14-80] 2.00 Estimated cost of food, clothing, and incidental expenses 100.00 ------ ------ Total 165.00 185.54 ====== ====== Cash on hand, Aug. 31, 1963 182.21

Sept. 1-24, 1963: Unemployment compensation payments[A14-81] $132.00 Estimated cost of food, clothing, and incidental expenses[A14-82] $100.00 ------ ------ Total 132.00 100.00 ====== ====== Cash on hand, Sept. 24, 1963 [A14-83]$214.21

Sept. 25-Oct. 2, 1963: Mexican trip: Estimated transportation cost[A14-84] 50.55 Hotel plus estimated food cost[A14-85] 18.70 Estimated cost of entertainment and miscellaneous items[A14-86] 15.20 ------ Total 84.45 ====== Cash on hand, Oct. 2, 1963 [A14-87]129.76

Oct. 3-31, 1963: Unemployment compensation payments[A14-88] 39.00 Net salary[A14-89] 104.41 Rent, rooms and YMCA[A14-90] 33.25 Estimated cost of food, clothing, and incidental expenses[A14-91] 75.00 ------ ------ Total 143.41 108.25 ====== ====== Cash on hand, Oct. 31, 1963 164.92

Nov. 1-22, 1963: Net salary[A14-92] 104.41 Room rent[A14-93] 24.00 Post office box rental[A14-94] 3.00 American Civil Liberties Union dues[A14-95] 2.00 Bus and taxi fares Nov. 22, 1963[A14-96] 1.23 Estimated cost of food, clothing, and incidental expenses[A14-97] 75.00 ------ ------ Total 104.41 105.23

Cash on hand, Nov. 22, 1963 164.10 ======== ======== ====== Grand total, June 13, 1962- Nov. 22, 1963 3,665.89 3,501.79 164.10 ======== ======== ====== Contents of Oswald’s wallet 170.00 Cash taken from Oswald when arrested 13.87 ------ Total [A14-98]183.87

APPENDIX XV

Transactions Between Lee Harvey Oswald and Marina Oswald, and the U.S. Department of State and the Immigration and Naturalization Service of the U.S. Department of Justice

From September 4, 1959, when he applied for his first passport, until shortly before the assassination, Lee Harvey Oswald had numerous dealings with the U.S. Department of State in Washington and with the American Embassy in Moscow. In connection with Marina Oswald’s entry into the United States, the dealings also extended to the Immigration and Naturalization Service of the Department of Justice. During the course of these dealings, the Department of State and the Immigration and Naturalization Service were called upon to decide a series of legal and administrative questions which arose under the laws of this country. In order to determine whether Lee Harvey Oswald or his wife received any treatment not accorded others in similar positions, the Commission has examined the manner in which the transactions with the Oswalds were handled and the manner in which the relevant legal questions were resolved. In light of the facts then available and the applicable statutes, regulations, and practices in force at the time, the Commission has found no indication that the treatment accorded the Oswalds was illegal or different in any respect from the treatment that other persons similarly situated would have received.

ISSUANCE OF PASSPORT IN 1959

On September 4, 1959, while on active duty with the U.S. Marine Corps, Oswald applied for a passport before a clerk of the superior court at Santa Ana, Calif.[A15-1] On the application Oswald stated that he intended to leave the United States for 4 months on approximately September 21, 1959, by ship from New Orleans, La., and that the purposes of his trip would be to attend the Albert Schweitzer College in Switzerland[A15-2] and the University of Turku in Finland, and to visit Cuba, the Dominican Republic, England, France, Switzerland, Germany, Finland and Russia as a tourist. With the application, Oswald submitted a statement signed by a Marine officer that he was to be discharged from the Corps on September 10, 1959.[A15-3] The passport, No. 1733242, was routinely issued on September 10, 1959.[A15-4] At the time, the United States proscribed travel to none of the countries named in Oswald’s application.

OSWALD’S ATTEMPTS TO RENOUNCE HIS U.S. CITIZENSHIP

American officials in Moscow had no knowledge that Oswald was in Russia until October 31, 1959,[A15-5] more than 2 weeks after he had arrived, since he failed to register at the U.S. Embassy, as Americans traveling through Russia normally did.[A15-6] However, on October 31, 1959, a Saturday, Oswald presented himself at the American Embassy in Moscow.[A15-7] He placed his passport on the receptionist’s desk and informed her that he had come to “dissolve his American citizenship.”[A15-8] She immediately summoned the consul, Richard E. Snyder, who invited Oswald into his office.[A15-9] In the room with Snyder was his assistant, John A. McVickar, who observed what ensued.[A15-10] Snyder recalled Oswald as “neatly and very presentably dressed,”[A15-11] but he also remembered his arrogance. Oswald seemed to “know what his mission was. He took charge, in a sense, of the conversation right from the beginning.”[A15-12]

Oswald stated at once that he was there to renounce his citizenship[A15-13] and that “his allegiance was to the Soviet Union.”[A15-14] He said he had already applied for Soviet citizenship.[A15-15] He said he knew the provisions of American law on loss of citizenship and did not want to hear them reviewed by Snyder.[A15-16] Having taken his passport back from the receptionist, Oswald put it on Snyder’s desk.[A15-17] Snyder noticed that Oswald had inked out the portion which would have shown his address in the United States.[A15-18] Oswald also presented Snyder with a note[A15-19] which he had prepared in advance, which reads:

I Lee Harey Oswald do herby request that my present citizenship in the United States of america, be revoked.

I have entered the Soviet Union for the express purpose of appling for citizenship in the Soviet Union, through the means of naturalization.

My request for citizenship is now pending before Suprem Soviet of the U.S.S.R.

I take these steps for political reasons. My request for the revoking of my American citizenship is made only after the longest and most serious considerations.

I affirm that my allegiance is to the Union of Soviet Socialist Republics.[A15-20]

Oswald told Snyder that he had not mentioned his intent to remain in the Soviet Union to the Soviet Embassy in Helsinki at the time he had applied for his tourist visa.[A15-21] Oswald’s passport, upon which his Soviet visa was stamped, shows that by the 31st of October he had already overstayed his visa, despite a 1-day extension which he had received.[A15-22]

Oswald gave as his “principal reason” for wanting to renounce his citizenship, “I am a Marxist.”[A15-23] He stated that he admired the system and policies of the Soviet Union and desired to serve the Soviet State, and that his intent to defect to the Soviet Union had been formed long before he was discharged from the Marine Corps.[A15-24] Shortly after the interview, Snyder observed that Oswald had “displayed all the airs of a new sophomore partyliner.”[A15-25] At one point, Oswald alluded to hardships endured by his mother as a “worker” and said he did not intend to let this happen to him.[A15-26] He stated that his Marine service in Okinawa and elsewhere had given him a chance “to observe American imperialism,” and he displayed some resentment at not having been given a higher rank in the Marine Corps.[A15-27] Oswald stated to Snyder that he had voluntarily told Soviet officials that he would make known to them all information concerning the Marine Corps and his specialty therein, radar operation, as he possessed.[A15-28]

Snyder did not permit Oswald to renounce his citizenship at that time. He told Oswald that his renunciation could not be effected on a Saturday, but that if he would return on a day when the Embassy was open for business, the transaction could then be completed.[A15-29] Snyder testified that his real reason for delaying Oswald was that he believed, as a matter of sound professional practice, that no one should be permitted to renounce his American citizenship precipitously; such an act has extremely serious consequences, and, once accomplished, it is irrevocable.[A15-30] Snyder noticed that Oswald was young, apparently not well educated and obviously in a highly emotional state.[A15-31] Snyder testified: “particularly in the case of a minor, I could not imagine myself writing out the renunciation form, and having him sign it, on the spot, without making him leave my office and come back at some other time, even if it is only a few hours intervening.”[A15-32] Snyder’s decision was also influenced by his familiarity with a recent unfavorable incident in which an American citizen by the name of Petrulli had been allowed to renounce his citizenship hastily, without awareness that Petrulli was mentally ill at the time.[A15-33] Snyder was able to persuade Oswald to tell him his home address and the name of his mother, however, by saying that no progress on his renunciation could be made without this information.[A15-34] The State Department has advised that Snyder’s treatment of Oswald “was in line * * * with the general policy of the Department to discourage expatriation of American citizens.”[A15-35]

The same day, the Embassy sent a telegram to the Department of State, advising that Oswald had appeared there in an attempt to renounce his American citizenship, and setting out most of the details of the interview with Snyder.[A15-36] Copies were immediately furnished to the FBI[A15-37] and the CIA.[A15-38] The telegram was followed on November 2, 1959, by an Embassy report addresed to the Department of State,[A15-39] which concluded:

* * * in view of the Petrulli case and other considerations, the Embassy proposes to delay action on Oswald’s request to execute an oath of renunciation to the extent dictated by developments and subject to the Department’s advice.[A15-40]

Copies of this memorandum were also furnished both Federal security agencies.[A15-41]

After having received the telegram of October 31, 1959,[A15-42] but not the Embassy Despatch of November 2, 1959, the State Department on November 2, 1959, sent a telegram to the Moscow Embassy which read in part:

If Oswald insists on renouncing U.S. citizenship, Section 1999 Revised Statutes precludes Embassy withholding right to do so regardless status his application pending Soviet Government and final action taken Petrulli case.[A15-43]

This telegram, like most of the communications from the Department regarding Oswald, was prepared in the Passport Office and cleared by the Office of Eastern European Affairs and the Office of Soviet Union Affairs.[A15-44]

Oswald never returned to the Embassy.[A15-45] On November 6, 1959, the Embassy received[A15-46] a handwritten letter from Oswald on the stationery of the Metropole Hotel, dated November 3, 1959, which read:

I, Lee Harvey Oswald, do hereby request that my present United States citizenship be revoked.

I appeered in person, at the consulate office of the United States Embassy, Moscow, on Oct. 31st, for the purpose of signing the formal papers to this effect. This legal right I was refused at that time.

I wish to protest against this action, and against the conduct of the official of the United States consular service who acted on behalf of the United States government.

My application, requesting that I be considered for citizenship in the Soviet Union is now pending before the Surprem Soviet of the U.S.S.R.. In the event of acceptance, I will request my government to lodge a formal protest regarding this incident.[A15-47]

The Embassy immediately informed the Department of the receipt of this letter and advised that it intended to reply to Oswald by letter telling him that, if he wished, he could appear at the Embassy on any normal business day and request that the necessary expatriation documents be prepared.[A15-48] On the same day, November 6, the Embassy sent Oswald a letter so advising him.[A15-49] From then until November 30 the Embassy attempted to communicate with Oswald on several occasions to deliver messages from his relatives in the United States urging him to reconsider, but he refused to receive the messages or talk to anyone from the Embassy.[A15-50] The messages were therefore sent to him by registered mail.[A15-51]

On November 16, 1959, Priscilla Johnson, an American newspaperwoman stationed in Moscow, interviewed Oswald at the Metropole Hotel.[A15-52] On November 17, 1959, she informed the Embassy of her interview, and the information was recorded in a file memorandum.[A15-53] Oswald told Miss Johnson that he was scheduled to leave Moscow within a few days. She thought that Oswald “may have purposely not carried through his original intent to renounce [citizenship] in order to leave a crack open.”[A15-54] The Embassy accordingly informed the Department of State about 2 weeks later that Oswald had departed from the Hotel Metropole within the last few days.[A15-55] According to his “Historic Diary”[A15-56] and other records available to the Commission,[A15-57] however, Oswald probably did not in fact leave Moscow for Minsk until about January 4, 1960. Miss Johnson’s report of her interview with Oswald was the last information about him which the U.S. Government was to receive until February 13, 1961.[A15-58]

On March 6, 1960, Oswald’s mother asked Representative James C. Wright, Jr., of Texas to help her locate her son. The Congressman forwarded her inquiry to the Department of State, which in turn sent it to the Embassy.[A15-59] In response, the Embassy in Moscow informed the Department on March 28, 1960, that they had had no contact with Oswald since November 9, 1959.[A15-60] The Embassy went on to say that it had no evidence that Oswald had expatriated himself “other than his announced intention to do so.” It believed, therefore, that since Oswald was presumably still an American citizen, the American Government could properly make inquiry concerning him through a note to the Soviet Foreign Office. The Embassy went on to suggest, however, that it would be preferable if Oswald’s mother wrote a letter to her son which could then be forwarded by the Department to the Soviet Government.[A15-61]

The Department replied on May 10, 1960, that no action should be taken in the case other than on a request voluntarily submitted by a member of Oswald’s family.[A15-62] On June 22, a second communication was dispatched, asking whether the Embassy had been able to contact Oswald.[A15-63] On July 6, 1960, the Embassy replied that it had received no further communication with anyone on the subject of Oswald and that in view of the Department’s memorandum of May 10, 1960, it intended to take no further action in the matter.[A15-64] Mrs. Oswald apparently took no steps to follow up on her original inquiry.

Under the procedures in effect in 1960, a “refusal sheet” was prepared in the Department of State Passport Office whenever circumstances created the possibility that a prospective applicant would not be entitled to receive an American passport.[A15-65] The records section of the Passport Office, on the basis of the refusal sheet, would prepare what was known as a lookout card[A15-66] and file it in the lookout file in the Passport Office. Whenever anyone applied for a passport from any city in the world, his application was immediately forwarded to this office, and his name and date of birth checked against the lookout file.[A15-67] If a lookout card was found, appropriate action, including the possible refusal of a passport, was taken.[A15-68] Passport Office procedures also provided that the lookout card would be removed from a prospective applicant’s file whenever facts warranted an unquestioned passport grant.[A15-69]

On March 25, 1960, the Passport Office had made up a “refusal sheet” on Lee Harvey Oswald, typed across which was the explanation that Oswald “may have been naturalized in the Soviet Union or otherwise * * * expatriated himself.”[A15-70] An Operations Memorandum stating the reasons for which the card had been prepared was drawn up on March 28 and also put on file[A15-71] and a copy sent to the Embassy. It advised the Embassy to take no further action on the Oswald case unless it came into possession of evidence upon which to base the preparation of a certificate of loss of nationality. Included in the operations memorandum was the following:

An appropriate notice has been placed in the lookout card section of the Passport Office in the event that Mr. Oswald should apply for documentation at a post outside the Soviet Union.[A15-72]

Despite these indications that a lookout card was prepared, the Department of State on May 18, 1964, informed the Commission that “investigations, to date, failed to reveal any other indication or evidence that a lookout card was ever prepared, modified or removed.” No such card was ever located, and certain file entries indicate that such a card was never prepared.[A15-73]

The State Department has advised the Commission that as of October 1959 the Department had “developed information which might reasonably have caused it to prepare * * * a lookout card for Lee Harvey Oswald.”[A15-74] The Passport Office employee who prepared the refusal sheet for Oswald has suggested as a possible explanation of the failure to prepare a lookout card that between the day she prepared the refusal sheet and the time the records section would normally have prepared the lookout card, Oswald’s file was temporarily pulled from its place because the Department received some additional correspondence from the Embassy. When the file was returned, she suggested, it may have been assumed that the card had already been prepared.[A15-75]

Had a lookout card been prepared on the ground of possible expatriation, it would have been removed and destroyed after the decision was made in 1961 that Oswald had not expatriated himself and thus prior to the time that he applied for a second passport in June 1963. Hence, the Department’s apparent failure to prepare a lookout card on Oswald had no effect on its future actions. As of February 20, 1964, the Department issued additional regulations regarding the manner in which the lookout file is to be handled.[A15-76] On March 14, 1964, a category was established for returned defectors, so that these persons automatically have lookout cards in their files, and on July 27, 1964, the Office of Security of the Department of State issued a procedural study of the lookout-card system, with recommendations.[A15-77]

RETURN AND RENEWAL OF OSWALD’S 1959 PASSPORT

Negotiations Between Oswald and the Embassy

On February 1, 1961, as a result of a visit by Oswald’s mother to the Department of State on January 25, 1961,[A15-78] the Department sent a request to the Moscow Embassy as follows:

The Embassy is requested to inform the [Soviet] Ministry of Foreign Affairs that Mr. Oswald’s mother is worried as to his present safety, and is anxious to hear from him.[A15-79]

The inquiry went to the Embassy by diplomatic pouch and was received in Moscow on February 10 or 11.[A15-80] On February 13, before the Embassy had acted on the Department’s request,[A15-81] the Embassy received an undated letter from Oswald postmarked Minsk, February 5. The letter stated:

Since I have not received a reply to my letter of December 1960, I am writing again asking that you consider my request for the return of my American passport.

I desire to return to the United States, that is if we could come to some agreement concerning the dropping of any legal proceedings against me. If so, than I would be free to ask the Russian authorities to allow me to leave. If I could show them my American passport, I am of the opinion they would give me an exit visa.

They have at no time insisted that I take Russian citizenship. I am living here with non-permanent type papers for a foreigner.

I cannot leave Minsk without permission, therefore I am writing rather than calling in person.

I hope that in recalling the responsibility I have to america that you remember your’s in doing everything you can to help me since I am an american citizen.[A15-82]

Despite Oswald’s reference to his letter of December 1960, there is no indication that he had written to the Embassy previously.[A15-83] Furthermore, his diary refers to his February 1 letter as his “first request” concerning his return to the United States.[A15-84]

On February 28, 1961, the Embassy wrote Oswald that he would have to come to Moscow to discuss the passport and expatriation matters.[A15-85] Then on March 20, 1961, a second letter from Oswald, dated March 12, was received by the Embassy. It read:

In reply to your recent letter. I find it inconvenient to come to Moscow for the sole purpose of an interview.

In my last letter I believe I stated that I cannot leave the city of Minsk without permission.

I believe there exist in the United States also a law in regards to resident foreigners from Socialist countries, traveling between cities.

I do not think it would be appropriate for me to request to leave Minsk in order to visit the American Embassy. In any event, the granting of permission is a long drawn out affair, and I find that there is a hesitation on the part of local officials to even start the process.

I have no intention of abusing my position here, and I am sure you would not want me to.

I see no reasons for any preliminary inquires not to be put in the form of a questionnaire and sent to me.

I understand that personal interviews undobtedly make to work of the Embassy staff lighter, than written correspondence, however, in some cases other means must be employed.[A15-86]

After receiving the first letter postmarked February 5, the Embassy on February 28 forwarded a despatch to the Department informing it of Oswald’s letter and its reply to Oswald. At that time, the Embassy also inquired of the Department whether Oswald would be subject to prosecution on any grounds if he should return to the United States and, if so, whether Oswald should be so informed. The Department was also asked whether there was any objection to returning Oswald’s 1959 passport to him by mail, since that might facilitate his application for a Soviet exit visa.[A15-87] Upon receiving Oswald’s March 20 letter, the Embassy again consulted with Washington. The Embassy proposed that it write Oswald repeating that he must come to Moscow if he wanted to discuss reentering the United States and pointing out that the Soviet government did not object to such visits by American citizens.[A15-88] Such a letter was mailed to Oswald on March 24.[A15-89]

In the meantime, the State Department was considering the Embassy despatch of February 28, 1961.[A15-90] Although a different response was originally recommended by a staff member in the Passport Office,[A15-91] the Department instructed the Embassy on April 13 that for security reasons Oswald’s passport should be given to him only if he personally appeared at the Embassy and that even then he was to receive the document only after a full investigation had been made and the Embassy was satisfied that he had not renounced his American citizenship. Also, he was to present evidence that he had made arrangements to depart from the Soviet Union to travel to the United States, and his passport was to be stamped valid for direct return to the United States only. The Department also told the Embassy that Oswald could not be advised whether or not he would be prosecuted for any possible offenses should he return to the United States.[A15-92] Matters remained in this posture for over a month. During the interim, Oswald met and married Marina Nikolaevna Prusakova.[A15-93]

On May 26, 1961, the Embassy sent a despatch to the Department[A15-94] advising that on May 25, 1961, it had received a letter from Oswald postmarked Moscow, May 16, 1961.[A15-95] In his latest letter Oswald said he wanted “to make it clear” that he was asking for full guarantees that he would not be prosecuted “under any circumstances” should he return to the United States. Oswald went on to say that if the Embassy could not give him these assurances, he would “endeavor to use my relatives in the United States, to see about getting something done in Washington.” He also informed the Embassy that he was married to a Russian woman who would want to accompany him back to his native country, and he once again repeated his reluctance to come to Moscow. The Embassy suggested that it reply to Oswald by repeating that the question of citizenship could only be made on the basis of a personal interview, and by advising Oswald of the requirements and procedures pertaining to his wife’s immigration. The despatch noted that Oswald’s letter referred to his present Soviet internal passport in which he claimed to be designated as “without citizenship,” and observed: “It would appear on this basis that Oswald has not yet expatriated himself under Section 349(a) (1) of the Immigration and Nationality Act.” The Embassy inquired whether the Department considered Oswald entitled “to the protection of the United States Government while he continues to reside abroad under present circumstances in the absence of reasonable evidence that he has committed an expatriating act?”

The Department answered the despatch under date of July 11, 1961. It said that it was not entirely clear what the description “without citizenship” means, i.e., “whether he is without Soviet citizenship or without any citizenship.” The instructions continued:

In any event in the absence of evidence showing that Mr. Oswald has definitely lost United States citizenship he apparently maintains that technical status. Whether he is entitled to the protection of the United States pending any further developments concerning his precise status is a matter which will be left to the Embassy’s discretion in the event an emergency situation should arise. In a situation of this kind, not of an emergency nature, the facts should be submitted to the Department.

It is noted that the Embassy intends to seek the Department’s prior advice before granting Mr. Oswald documentation as a United States citizen upon any application he may submit.

The Embassy’s careful attention to the involved case of Mr. Oswald is appreciated * * *[A15-96]

However, on Saturday, July 8, 1961, before the Embassy had received the response from Washington, Oswald appeared without warning at the Embassy in Moscow. Snyder came down to meet Oswald after Oswald called him on the house telephone, and after a brief talk, asked Oswald to return on Monday, July 10.[A15-97] Later that day Oswald telephoned his wife and told her to come to Moscow, which she did the next day.[A15-98] Oswald returned alone to the American Embassy on Monday, where Snyder questioned him about his life in Russia. According to a memorandum which Snyder prepared shortly afterwards:

Twenty months of the realities of life in the Soviet Union have clearly had a maturing effect on Oswald. He stated frankly that he learned a hard lesson the hard way and that he had been completely relieved about his illusions about the Soviet Union * * * Much of the arrogance and bravado which characterized him on his first visit to the Embassy appears to have left him.[A15-99]

Oswald told Snyder that despite the statement he had given him in October 1959, he had never applied for Soviet citizenship, but only for permission to reside in the Soviet Union. He presented his Soviet internal passport, which described him as without citizenship of any kind. Oswald said that he had been employed since January 13, 1960, as a metal worker in the research shop in the Byelorussian Radio and Television Factory in Minsk. He claimed that he had taken no oath of allegiance of any kind, and that he had not been required to sign any papers in connection with this employment. He added that he was not a member of the factory trade union organization. Oswald said that he was earning 90 rubles ($90) a month and that he had saved about 200 rubles ($200) toward travel expenses to the United States. He denied that he had made any derogatory statements concerning the United States to radio, press, or TV in the Soviet Union, and he denied that he had turned over any information to the Russians as he had threatened to do in the 1959 interview with Snyder.[A15-100]

During the course of the interview Oswald filled out an application for renewal of his American passport.[A15-101] The renewal application was required since Oswald’s existing passport would expire on September 10, 1961,[A15-102] and it was extremely unlikely that he would be able to obtain the requisite Soviet departure documents before that time. The renewal application contained a printed statement which set forth, in the disjunctive, a series of acts which, if committed by the applicant, would either automatically disqualify him from receiving a passport on the ground that he had lost his American citizenship, or would raise a question whether he might be so disqualified. The printed statement was preceded by two phrases, “have,” and, “have not,” the first phrase being printed directly above the second. One carbon copy of the application indicates Oswald signed the document after the second phrase, “have not,” had been typed over, thereby apparently admitting that he had committed one or more of the acts which would at least raise a question as to whether he had expatriated himself. Snyder was not able to remember with certainty to which of the acts listed on the statement Oswald’s mark was intended to refer, but believed it may have been to “swearing allegiance to a foreign state.” [A15-103] He points out that the strikeout of “have not” may also have been a clerical error.[A15-104] On the actual signed copy of the application kept in the files of the Moscow Embassy, which is not a carbon copy of the copy sent to the Department, the strikeout is slightly above the “have;” therefore, since the “have” is itself printed above the “have not,” the strikeout may have been intended to obliterate the “have.”[A15-105]

In any event, Oswald filled out the supplementary questionnaire which was required to be completed if the applicant admitted he had performed one or more of the possibly expatriating acts. He signed the questionnaire under oath.[A15-106] Snyder testified that it was routine for any kind of “problem case” to fill out the supplementary questionnaire.[A15-107] The Passport Office employee who processed the Oswald case in Washington testified that she routinely regarded the questionnaire rather than the application itself as the controlling document for expatriation purposes, so that she probably paid no attention to the strikeout.[A15-108]

The pertinent questions included on the questionnaire, with Oswald’s answers, read as follows:

2.(a) Are you known or considered in your community to be a national of the country in which you are residing? No. (Yes or No)

(b) If your answer to 2(a) is “No,” explain why not. On my document for residence in the USSR my nationality is American.

3.(a) Have you ever sought or obtained registration as a national of a foreign country, applied for or obtained a passport, certificate, card document or other benefit therefrom in which you were described as a national of a country other than the United States? No. (Yes or No)

(b) If your answer to 3(a) is “Yes,” did you voluntarily seek or claim such benefits? (Yes or No) If “No,” please explain.

I recived a document for residence in the USSR but I am described as being “Without citizenship.”

4.(a) Have you ever informed any local or national official of a foreign state that you are a national of the United States? No. * * *

(b) If your answer to 4(a) is “No,” explain why not. On my document for residence in the USSR, my nationality is American.

6.(a) Have you ever taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state? No. * * *

8. Have you ever accepted, served in, or performed the duties of any office, post or employment under the government of a foreign state or political subdivision thereof? No. * * * I do not regard factory employment as state employment, as is meant in the question above.[A15-109]

On the basis of these answers, and on the basis of the statements Oswald made orally during the interview, Snyder concluded that Oswald had not lost his citizenship. Snyder therefore handed him back his passport. Pursuant to the instructions from Washington, it was stamped, “This passport is valid only for direct travel to the United States.”[A15-110]

In a despatch dated July 11, 1961,[A15-111] the Embassy informed the Department of State of its conclusion that Oswald had not lost his American citizenship and requested that, if Washington agreed with the conclusion, “the Embassy be authorized to renew Oswald’s passport at its discretion.” The despatch, with which Oswald’s application and supplemental questionnaire[A15-112] were enclosed, informed the Department that Oswald was questioned at length at the Embassy and that no evidence was revealed of any act which might be considered as having caused the loss of his American citizenship.

The Embassy added in the despatch--

It is our intention not to renew it [the passport] without the Department’s prior approval of the enclosed renewal application, and then only upon evidence of a present need for the renewal in connection with his efforts to return to the United States.[A15-113]

Oswald appeared at the Embassy once again on July 11, 1961, this time accompanied by Marina, in order to complete the papers necessary to obtain permission for his wife to enter the United States.[A15-114] In a letter dated July 16, 1961, Oswald informed the American Embassy about his and Marina’s application to the Soviet officials for permission to leave Russia, and described the harassment which Marina was allegedly undergoing because of her attempts to leave the country.[A15-115]

Based upon Snyder’s recommendation and the information in its files, the Passport Office on August 18, 1961, concluded that Oswald had not expatriated himself.[A15-116] Therefore, on that date, the Department of State sent a despatch to the Embassy in Moscow stating that they concurred in the Embassy’s recommendation of July 11, 1961, with respect to Oswald’s citizenship:

We concur in the conclusion of the Embassy that there is available no information and/or evidence to show that Mr. Oswald has expatriated himself under the pertinent laws of the United States.

The renewal of Mr. Oswald’s passport, issued on September 10, 1959, is authorized upon his referenced application if no adverse reason is known, to take place upon his presentation of evidence that he needs such renewal in connection with his efforts to return to the United States as indicated in the final sentence on page 2 of Despatch 29. As requested in the final paragraph of the Despatch the Embassy may perform this citizenship function for Mr. Oswald at its discretion.

Any passport renewal granted to Mr. Oswald should be limited to his passport needs and, as stated in the second paragraph of the Department’s A-173, April 13, 1961 his passport should be made valid for direct return to the United States. The additional precaution set forth in the same paragraph should be observed and his passport should be delivered to him on a personal basis only. When available, a report of his travel data should be submitted, as well as a report of any intervening developments.[A15-117]

On October 12, 1961, the Embassy wrote the Department to inform it of four letters it had received from Oswald dated July 15, August 8, and October 4, and an undated letter received in August. With reference to these letters, the despatch noted:

* * * that Oswald is having difficulty in obtaining exit visas for himself and his Soviet wife, and that they are subject to increasing harassment in Minsk. In replying to Oswald’s latest letter, the Embassy pointed out that it has no way of influencing Soviet action on exit visas. It informed him that the question of his passport renewal could be discussed with him personally at the Embassy. In answer to Oswald’s question, the Embassy notified him that the petition to classify his wife’s status had not yet been approved.[A15-118]

The Department on December 28, 1961, informed the Embassy that the Passport Office approved the manner of the Embassy’s reply to Mr. Oswald with respect “to his receiving further passport facilities.”[A15-119] After a further exchange of correspondence between Oswald and the Embassy, dealing primarily with Oswald’s difficulties in obtaining the necessary Soviet clearance, his impatience in receiving American approval for Marina’s entry into the United States, and his efforts to obtain a repatriation loan,[A15-120] the passport problem was finally concluded on May 24, 1962, when the Embassy renewed Oswald’s passport for 30 days, stamped it valid for direct return to the United States only and handed it to him.[A15-121] A week later he used it to return to the United States.[A15-122]

The decision that Oswald was entitled to a new passport because he had not expatriated himself was made for the Embassy by the consul, Richard E. Snyder.[A15-123] For the Department it was made initially by Miss Bernice L. Waterman, a worker in the Passport Office for 36 years, and was then approved by her area chief, by the head of the Foreign Operations Division, and by the Legal Division of the Passport Office.[A15-124] Snyder and Miss Waterman have both testified that they reached their decisions independently and without influence from any other person.[A15-125] The Director of the Passport Office and the Legal Adviser to the State Department both stated that after a review of the record they concluded that Oswald had not expatriated himself and that Snyder and Waterman, therefore, acted correctly.[A15-126]

Legal Justification for the Return and Reissue of Oswald’s Passport

Since he was born in the United States, Oswald was an American citizen.[A15-127] However, Congress has provided that by performing certain acts, a person may forfeit his American citizenship. Thus Oswald would have become expatriated while in Russia if he obtained naturalization in the Soviet Union, renounced U.S. nationality, took an oath of allegiance to the Soviet Union, or voluntarily worked for the Soviet Government in a post requiring that the employee take an oath of allegiance.

Naturalization in a foreign state.--Section 349(a)(1) of the Immigration and Nationality Act of 1952 provides that a U.S. citizen shall lose his nationality by “obtaining naturalization in a foreign state upon his own application * * *.”[A15-128] Although Oswald applied for Soviet citizenship, he never received it.[A15-129] Thus, Oswald did not expatriate himself under section 349(a)(1).

Formal renunciation of U.S. nationality.--Section 349(a)(6) of the act provides that a U.S. citizen shall lose his citizenship by:

* * * making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State.[A15-130]

In accordance with this statute, the Secretary has promulgated regulations prescribing the manner in which renunciation is to be effected.[A15-131] The regulations provide, among other things, that 4 copies of the renunciation form are to be executed and the original and one copy sent to the Department. The Department must then approve the form and advise the appropriate consular official, who may then furnish a copy of the form to the person to whom it relates. The form itself requires the person to subscribe it in the presence of a consular official, and it must also be signed by this official.[A15-132]

Though in 1959 Oswald clearly stated to officials at the American Embassy, both orally and in writing, that he desired to renounce his U.S. citizenship, he at no time took the steps required by the statute and regulations to effect his renunciation. Oswald did not execute the proper forms, he did not sign his letter of October 31 or November 3, 1959, in the presence of a consular official, and neither letter was signed by such an official.[A15-133] Because section 349(a)(6) in terms requires compliance with the form prescribed by the Secretary of State, Oswald did not expatriate himself under that section.

Oath of allegiance to a foreign state.--Section 349(a)(2) of the act provides that a U.S. citizen shall lose his nationality by:

* * * taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof.[A15-134]

In his letter of October 31, 1959, Oswald wrote: “I affirm that my allegiance is to the union of Soviet Socialist Republics.”[A15-135] Both in this letter and in his letter of November 3, 1959, he stated that his application for citizenship in the Soviet Union was pending before the Supreme Soviet of the U.S.S.R.[A15-136]

Oswald’s letters no doubt were intended to express allegiance to the Soviet Union in a manner inconsistent with continued allegiance to the United States, as the statute has been held to require.[A15-137] However, since 1940, it has been well established that in order for an oath of allegiance to a foreign state to work an expatriation from the United States, it must be given to an official of the foreign state, and not to a party unconnected with the foreign state.[A15-138] This requirement can be viewed as a necessary corollary of the broader, but less clearly established, principle that the oath must be taken in accord with the requirements of the foreign state.[A15-139] Although Lee Harvey Oswald wrote that his allegiance was to the Soviet Union,[A15-140] there is no indication that he had ever actually taken an oath or declaration or that any such oath was taken before an official of the Soviet Government. He, therefore, did not expatriate himself under section 349(a)(2).

Employment under the government of a foreign state.--Section 349(a)(4) of the Immigration and Nationality Act of 1952 provides that a U.S. citizen shall lose his nationality by:

(a) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, if he has or acquires the nationality of such foreign state; or (b) accepting, serving in, or performing the duties of any office, post of employment under the government of a foreign state or a political subdivision thereof, for which office, post, or employment an oath, affirmation, or declaration of allegiance is required. * * *[A15-141]

While Oswald was employed in a state-owned factory in Minsk, he did not acquire Russian nationality, and there is no indication that he had to take any oath when he obtained this employment.[A15-142] Furthermore, prior judicial decisions indicate that merely working in a government-owned factory does not result in expatriation even if an oath was required to be taken in connection with such employment.[A15-143] Several cases decided under an earlier but similar statutory provision held that where a person took a government job in order to subsist, such employment was considered involuntary since it was based on economic duress, and thus it did not result in expatriation.[A15-144] Thus, Oswald did not expatriate himself under section 349(a)(4).

The Commission therefore concludes that Lee Harvey Oswald had not expatriated himself by any acts performed between October 16, 1959, and May 1962, and concurs in the opinion of the State Department that his passport was properly returned to him in July 1961 and properly reissued in May 1962.

AUTHORIZATION FOR MARINA OSWALD TO ENTER THE UNITED STATES

Negotiations Between Oswald and the Embassy

On July 11, 1961, Oswald and his wife appeared at the Embassy in Moscow before John A. McVickar.[A15-145] Together they executed papers to set in motion the procedures for her admittance to the United States as a nonquota immigrant under the provisions applicable to the wife of an American citizen.[A15-146] The interview was routine. McVickar asked Marina whether she was a member of any Communist organization and she replied that she was a member of the Trade Union of Medical Workers[A15-147] but she denied she was or ever had been a member of the Komsomol,[A15-148] the Communist youth organization, or any other Communist organization.[A15-149] Marina Oswald has since admitted to the Commission that at one time she was a member of The Komsomol, but was expelled, according to her testimony, when it was learned that she intended to accompany her husband to the United States.[A15-150] The Embassy forwarded the papers pertaining to her application to the State Department on August 28, 1961.[A15-151]

Marina Oswald’s ability to obtain a nonquota immigrant visa depended on the favorable resolution of 3 questions. First, it had to be determined that she was the wife of an American citizen,[A15-152] which depended on whether her husband had expatriated himself. Second, it was necessary to determine that she was not and had not been affiliated with a Communist organization on other than an involuntary basis.[A15-153] Third, it had to be determined that she was not likely to become a public charge after she was admitted to the United States.[A15-154] Section 243(g) of the Immigration and Nationality Act[A15-155] presented a fourth issue. This section of the act prohibits the issuance of immigrant visas by American Consuls stationed in countries which have refused to accept or have unduly delayed accepting the return of persons sought to be deported from the United States. The Soviet Union had been designated as such a country in 1953. However, the sanctions of section 243(g) are often waived; and even if they were not waived in Marina’s case, she could obtain her visa at an American Embassy in some other country on her way from the Soviet Union to the United States, if she were otherwise entitled to the visa.[A15-156]

In a despatch dated August 28, 1961, the Embassy requested from the Department a security advisory opinion on Marina Oswald’s application to enter the United States. The Embassy wrote:

A favorable advisory opinion and approval of * * * [Mrs. Oswald’s] petition is recommended together with a waiver of the sanctions imposed by section 243(g) of the Act. * * *

In connection with her employment and her professional training, she has been a member of the Soviet Trade Union for Medical Workers since 1957. Such membership is routinely considered to be involuntary. * * *[A15-157]

The Department initiated a check on Marina Oswald with the CIA, the FBI, the Department’s own Office of Security, and Passport Office.[A15-158] The security check turned up no derogatory information on her, so that in early October 1961 the Department cabled Moscow that the available information concerning the applicant established her eligibility to enter the country as a nonquota immigrant.[A15-159]

The Department’s decision assumed that prior to obtaining her visa to enter the United States, Marina Oswald would provide some reasonable assurance that she was not likely to become a public charge after she had arrived there. The Department later encountered some difficulty in deciding that she had met this requirement. She knew no one in the United States other than the members of her husband’s family, and they lacked the means to furnish any substantial financial guarantees. After considerable correspondence on the matter with Oswald[A15-160] and with the Department,[A15-161] the Embassy decided to accept Oswald’s own affidavit to support his wife as sufficient assurance that she would not become a public charge. The Embassy’s reasons were set forth in a memorandum dated March 16, 1962:

It appears that * * * [Oswald] can find no one in the United States who is able and willing to execute an affidavit of support for his wife. Furthermore, Oswald has been able to obtain no concrete offer of employment in the United States. On the other hand, he is trained in a trade which should make him readily employable and he and his family will be able to live with his mother in Texas until he has found work and become otherwise settled. Taking into consideration the latter factors, Oswald’s legal obligation to support his wife, and the unusual circumstances of the case which make it difficult for Oswald to provide the usual financial evidence, the responsible consular officer * * * [is] willing to accept Oswald’s unsubstantiated affidavit as sufficient to overcome the public charge provisions of the law.[A15-162]

The necessity of relying solely upon Oswald’s own affidavit, however, was eliminated somewhat later when the Department received an affidavit of support from the employer of Oswald’s mother in Vernon, Tex.[A15-163]

By law the Attorney General must also pass upon an applicant’s eligibility, and this responsibility has been delegated to the District Directors of the Immigration and Naturalization Service.[A15-164] The machinery to get approval of the Immigration and Naturalization Service for Marina Oswald’s admission to the United States was set in motion on October 6, 1961. On that date the Visa Office of the Department of State sent a letter to the District Director of the Immigration and Naturalization Service in Dallas, Tex., requesting the Service to take action on her immigrant visa.[A15-165] The letter transmitted her marriage certificate, a check for $10 from Lee Harvey Oswald, and a “Petition to Classify Status of Alien For Issuance of Immigrant Visa.” The petition was signed by Oswald and was on behalf of Marina, asking that she be classified in “the status of the alien beneficiary for issuance of an immigrant visa as * * * the spouse of a United States citizen.”[A15-166] The letter from the Visa Office stated:

Mrs. Oswald has been the object of an investigation by the Department and has been found, in the Department’s opinion, not ineligible to secure a visa.[A15-167]

On the basis of this communication, the Immigration and Naturalization Service at its Dallas, Tex., office instituted a field investigation on Lee Harvey Oswald.[A15-168] Routine checks with the Federal Security agencies and with local law enforcement authorities turned up no new derogatory information, and no evidence was uncovered that Oswald was ever a member of the Communist Party or other subversive groups.[A15-169] A record check was made in New Orleans, La., and a birth certificate was found for Lee Harvey Oswald, proving that he was an American citizen by birth.[A15-170] On October 17, 1961, an investigator from the Dallas office interviewed Oswald’s brother, Robert, who expressed the view that Lee was just a “mixed up kid” who had emigrated to Russia because he had become embittered, possibly over something that had happened while he was in the Marine Corps.[A15-171]

On January 25, 1962, the results of the field investigation in Dallas were consolidated in a report[A15-172] which, with a covering memorandum,[A15-173] was sent to the District Director of the Service in San Antonio the next day. The accompanying memorandum noted that the immigrant inspector who processed the case had endorsed it “approved,” but the author of the memorandum overruled the decision of the inspector on the grounds that the sanctions under section 243(g) should not be waived.[A15-174] The reasons for denying the waiver were stated as follows:

OI [Operations Instructions] 205.3, as you know, provides that the District Director may waive sanctions in an individual meritorious case for a beneficiary of a petition filed by a reputable relative where no substantial derogatory security information is developed. I am of the opinion that both of these restrictions are present in this case.[A15-175]

On January 30, 1962, the District Director at San Antonio affirmed the decision of the Dallas office, including the decision that the sanctions imposed under section 243(g) not be waived.[A15-176] He concluded that Oswald’s recent statements to the American Embassy in Moscow to the effect that he had learned from his experiences in Russia were not sufficient to relieve the doubts which were raised regarding his loyalty to the United States by the arrogant, anti-American statements he made when he entered Russia in 1959.[A15-177]

San Antonio forwarded its decision to Washington in a letter dated January 31, 1962, in which Marina Oswald’s petition and all the aforementioned memoranda and reports were included.[A15-178] However, because Washington had previously indicated its impatience at not yet having received anything on the Oswald case, the San Antonio office also telegraphed its decision to Washington about a week later,[A15-179] the telegram, presumably being received by Washington before the letter of January 31. The Washington copy of this telegram has a handwritten note on the lower portion which indicates that on February 12 an officer in the Visa Office of the State Department informed the Immigration and Naturalization Service by telephone: “Political desk of opinion, we’re better off with subject in U.S. than in Russia.”[A15-180]

Nonetheless, the Washington office of the Service concurred in the field decision that the provisions of section 243(g) should not be waived.[A15-181] However, the Washington office pointed out that the correct disposition should be not to deny the visa petition as the field offices had proposed, but to grant the petition and indorse it to read, “Waiver of sanctions imposed under section 243(g) of the Act is not authorized.”[A15-182]

On February 28, 1962, the Dallas office of the Immigration and Naturalization Service notified the Department of State in Washington and the American Embassy in Moscow of this disposition. The communication from the Dallas office noted that Oswald “has been notified at his Minsk, Russia, address of the approval of the petition in his wife’s behalf.”[A15-183] Oswald later told the Embassy that he had received the notice on March 15.[A15-184] On March 9, 1962, the Department of State also notified the Embassy in Moscow that Oswald’s wife was entitled to nonquota status but that the Immigration and Naturalization Service would not waive section 243(g) of the Act. The Embassy was told to inform Oswald of this fact if he asked about it. The memorandum indicated that the Embassy might suggest that Marina could proceed to some other country to file her visa application and thus avoid the sanction.[A15-185]

The Moscow Embassy on March 16, 1962, asked the Embassy at Brussels if Mrs. Oswald could obtain her visa in Brussels.[A15-186] The Brussels Embassy replied affirmatively and said a visa could be issued to Marina within 2 or 3 days of her arrival.[A15-187] The Marina Oswald file accordingly was sent to the Embassy at Brussels.[A15-188]

The plan to obtain the visa in Belgium was rendered unnecessary, however, when the Immigration and Naturalization Service reversed its position regarding the waiver of section 243(g). On March 16, the Soviet desk at the Department of State took initial action to attempt to secure such a change by sending a memorandum to the Visa Office within the Department, urging that the Immigration and Naturalization Service be asked to reconsider its decision.[A15-189] According to this memorandum:

SOV believes it is in the interest of the U.S. to get Lee Harvey Oswald and his family out of the Soviet Union and on their way to this country as soon as possible. An unstable character, whose actions are entirely unpredictable, Oswald may well refuse to leave the USSR or subsequently attempt to return there if we should make it impossible for him to be accompanied from Moscow by his wife and child.

Such action on our part also would permit the Soviet Government to argue that, although it had issued an exit visa to Mrs. Oswald to prevent the separation of a family, the United States Government had imposed a forced separation by refusing to issue her a visa. Obviously, this would weaken our Embassy’s position in encouraging positive Soviet action in other cases involving Soviet citizen relatives of U.S. citizens.[A15-190]

Soon thereafter, however, the Department of State notified its Moscow Embassy that the decision was under review and instructed it to withhold action pending the outcome of the reconsideration.[A15-191]

The Visa Office first contacted the Washington office of the Immigration and Naturalization Service informally, and was advised, according to a contemporaneous notation:

* * * that case had been carefully considered and decision made at Assistant or Deputy Associate Commissioner level. Therefore, although not wishing to comment on likelihood of reversal, [INS officer] felt that any letter requesting a review of the case should come from the Director or Acting Administrator.[A15-192]

On March 27, 1962, such a letter was written from an acting administrator in the Department of State to the Commissioner of Immigration and Naturalization. The letter read in part:

I appreciate the difficulty this case presents for your Service, because of Mr. Oswald’s background, and the fact that granting a waiver of the sanction makes it appear that this Government is assisting a person who is not altogether entitled to such assistance. However, if the Embassy at Moscow is unable to issue Mrs. Oswald a visa, it would appear that she and indirectly the Oswalds’ newborn child are being punished for Mr. Oswald’s earlier indiscretions. I might also point out that this Government has advanced Mr. Oswald a loan of $500.00 for repatriation.

More important, however, is the possibility that if Mrs. Oswald is not issued a visa by the Embassy, the Soviet Government will be in a position to claim that it has done all it can to prevent the separation of the family by issuing Mrs. Oswald the required exit permission, but that this Government has refused to issue her a visa, thus preventing her from accompanying her husband and child. This would weaken the Embassy’s attempts to encourage positive action by the Soviet authorities in other cases involving Soviet relatives of United States citizens.

Because of these considerations and because I believe it is in the best interests of the United States to have Mr. Oswald depart from the Soviet Union as soon as possible, I request that the section 243(g) sanction be waived in Mrs. Oswald’s case.[A15-193]

The Immigration and Naturalization Service ultimately reversed its original position and granted the waiver on May 9, 1962. The letter reversing its initial decision states that the matter has been “carefully reviewed in this office” and that “in view of the strong representations” made in the letter of March 27, the sanctions imposed pursuant to section 243(g) were thereby waived in behalf of Mrs. Oswald.[A15-194]

Actually, the Office of Soviet Affairs had informally learned on May 8 that the May 9 letter would be signed by the Immigration and Naturalization Service.[A15-195] On the strength of the assurance that a written reversal would be forthcoming immediately, the State Department quickly telegraphed the Moscow Embassy reporting that the waiver had been granted.[A15-196] Marina Oswald completed her processing when she, her husband, and daughter came to Moscow in May 1962 on their way from Minsk to the United States.[A15-197]

Legal Justification for the Decisions Affecting Marina Oswald

Wife of a citizen of the United States.--Section 205 of the Immigration and Nationality Act of 1952 provides for the admission into the United States of persons married to American citizens.[A15-198] Once it was determined that Lee Harvey Oswald was born in the United States[A15-199] and had not expatriated himself, his American citizenship was established. Marina Oswald submitted a marriage certificate to show that she was his wife.[A15-200] This requirement was, therefore, satisfied.

Assurance that Marina Oswald would not become a public charge.--Section 212(a)(15) of the act provides that aliens will not be admitted to the United States if, in the opinion of the responsible Government official, they “are likely at any time to become public charges.”[A15-201] The pertinent Department of State regulations provide that a determination to exclude an alien for this reason must be “predicated upon circumstances which indicate that the alien will probably become a charge upon the public after entry into the United States.”[A15-202]

In 1962, Oswald was 22 years old and in good health. He had lived in the United States for 17 years before joining the Marine Corps and was, therefore, familiar with its language and customs. He had gained job experience by working 2½ years in a factory which produced electronic equipment. Under these circumstances the Department was not unreasonable in concluding that Oswald’s own affidavit that he would support his wife was sufficient assurance that she was not likely to become a charge upon the public after her entry into the United States. The receipt of the affidavit from Marguerite Oswald’s employer provided a possible alternative basis for reaching this decision, but since a favorable ruling had already been made on the basis of Oswald’s affidavit, the Embassy had no reason to consider the sufficiency of the second affidavit.

Membership in a Communist organization.--Under section 212(a) (28) of the Immigration and Nationality Act, an alien will not be admitted to the United States if he is or was a member of, or affiliated with, a Communist organization unless:

* * * such an alien establishes to the satisfaction of the consular officer when applying for a visa and the consular officer finds that (i) such membership or application is or was involuntary, or is or was solely when under sixteen years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes * * *[A15-203]

At the time Marina Oswald applied for a visa she was a member of the Soviet Trade Union for Medical Workers.[A15-204] According to the Department of State, the

* * * long-standing interpretation [of the statute] concurred in by the State and Justice Departments [is] that membership in a professional organization or trade union behind the Iron Curtain is considered involuntary unless the membership is accompanied by some indication of voluntariness, such as active participation in the organization’s activities or holding an office in the organization.[A15-205]

Since there was no evidence that Marina Oswald actively participated in the union’s activities or held an office in the organization, her union membership was properly held not to bar her admission to this country.

Although Marina Oswald declared that she was not a member of the Komsomol or any other Communist organization, she was in fact a member of the Komsomol, the Communist youth organization.[A15-206] If this fact had been known to the State Department, Marina Oswald would not necessarily have been denied a visa, although a careful investigation into the nature of the membership would have been required.[A15-207] However, had her membership in the Komsomol become known to the Department after her denial of such membership, it is possible that she would have been excluded from the United States on the ground of having willfully misrepresented a material fact.[A15-208]

Judicial decisions are not in agreement as to what constitutes a “material fact” such that its intentional misrepresentation warrants exclusion of the alien.[A15-209] Some cases indicate that a misrepresentation in an application for a visa involves a material fact even if the alien would not definitely have been excluded on the true facts;[A15-210] others hold that a misstatement is material only if it referred to such facts as would have justified refusing the visa had they been disclosed.[A15-211] The Visa Office of the Department of State has announced that it applies a “rule of probability” under which a misstatement will be deemed material only if it concealed facts which probably would have resulted in a denial of a visa.[A15-212]

Waiver of the provisions of section 243(g).--Section 243(g) of the Immigration and Nationality Act of 1952, by its terms, prevented issuance of a visa to Marina Oswald by the Moscow Embassy. The section provides that upon notification of the Secretary of State by the Attorney General that a country has refused or unduly delayed the acceptance of a deportable alien from the United States who is a subject or was a resident of that country, consular officers in such country are not to issue visas to citizens of the country. The section had been invoked against Russia on May 26, 1953. Nonetheless, although section 243(g) does not contain an express provision for waiver, the Justice Department has concluded that the Attorney General possesses such waiver powers.[A15-213] Pursuant to this decision, the Department has granted waivers in over 600 cases from the Soviet Union since 1953.[A15-214] The waiver procedures followed in 1962 were prescribed by the Immigration and Naturalization Service. The relevant provision reads:

Before adjudicating a petition for an eligible beneficiary residing in the USSR, Czechoslovakia or Hungary, against which sanctions have been imposed, the district director shall obtain a report of investigation regarding the petitioner which shall include an affiliation of a subversive nature disclosed by a neighborhood investigation, local agency records and responses to Form G-135a. * * * If no substantial derogatory security information is developed, the district director may waive the sanctions in an individual meritorious case for a beneficiary of a petition filed by a reputable relative to accord status under Section 101(a)(27) (A) or Section 203(a) (2), (3) or (4). * * * If substantial adverse security information relating to the petitioner is developed, the visa petition shall be processed on its merits and certified to the regional commissioner for determination whether the sanctions should be waived. The assistant commissioner shall endorse the petition to show whether the Waiver is granted or denied, and forward it and notify the appropriate field office of the action taken. * * *[A15-215]

State Department regulations are much less explicit.[A15-216] The State Department’s visa instructions for the guidance of consular officers provide, “The sanctions will be waived only in individual meritorious cases in behalf of a beneficiary of a petition filed by a reputable relative pursuant to [sections] of the act.”[A15-217]

Because Lee Harvey Oswald signed the petition on Marina’s behalf, his character was relevant to whether the sanctions of section 243(g) could be waived for her. The file on Lee Harvey Oswald which was maintained by the Department of State and made available to the Department of Justice for purposes of passing on his wife’s application contained the facts relating to Oswald’s attempted expatriation. However, despite the derogatory material in the Oswald file, the Immigration and Naturalization Service regulations did not require automatic denial of the waiver; they provided only that if adverse security information were developed, “the visa petition shall be processed on its merits and certified to the regional commissioner for determination whether the sanctions should be waived.” This procedure was followed in Marina’s case and the factors considered in reaching the decision do not appear to be inappropriate. The State Department successfully urged that the original decision of the Immigration and Naturalization Service be reversed because this would be in the best interests of future United States dealings with the Soviet Union on behalf of American citizens, and because it seemed unfair to punish Lee Harvey Oswald’s wife and baby for his own earlier errors.[A15-218] Prevention of the separation of families is among the most common reasons underlying the frequent waivers of section 243(g).[A15-219]

OSWALD’S LETTER TO SENATOR TOWER

Sometime shortly before January 26, 1962, an undated letter from Lee Harvey Oswald was received in the office of the U.S. Senator from Texas, John G. Tower.[A15-220] The letter reads as follows:

My name is Lee Harvey Oswald, 22, of Fort Worth up till October 1959, when I came to the Soviet Union for a residenaul stay. I took a residenual document for a non-Soviet person living for a time in the USSR. The American Embassy in Moscow is familier with my case

Since July 20th 1960, I have unsucessfully applied for a Soviet Exit Visa to leave this country, the Soviets refuse to permit me and my Soviet wife, (who applied at the U.S. Embassy Moscow, July 8, 1960 for immigration status to the U.S.A.) to leave the Soviet Union. I am a citizen of the United States of America (passport No. 1733242, 1959) and I bessech you, Senator Tower, to rise the question of holding by the Soviet Union of a citizen of the U.S., against his will and expressed desires.[A15-221]

The letter was read in Senator Tower’s office by a caseworker on his staff. According to the caseworker and the Senator’s press secretary, the letter was forwarded as a matter of routine on January 26 to the Assistant Secretary for Congressional Relations, Department of State. The letter was forwarded with a cover letter, machine signed by the Senator, stating that he did “not know Oswald, or any of the facts concerning his reasons for visiting the Soviet Union; nor what action, if any, this Government can or should take on his behalf.” The cover letter pointed out that Oswald’s inquiry should have gone to the executive branch of the Government and that for this reason the Senator was forwarding it “for whatever action the Department may consider appropriate.”[A15-222] On February 1 an officer at the Department of State telephoned the Senator’s office and spoke briefly with the caseworker on the Oswald case. She made a memorandum of the call which notes, “Senator should not become involved in such case--therefore State will report to us the course which they follow regarding Lee Harvey Oswalt [sic].”[A15-223] About a week later the Department of State forwarded to Senator Tower copies of some of the correspondence which the Department had had with Oswald and informed the Senator that if he wished to be kept informed on further developments regarding Oswald he could contact the Department of State.[A15-224] Neither the Senator nor any member of his staff contacted the Department again nor did they take any other action in respect to the matter.[A15-225]

THE LOAN FROM THE STATE DEPARTMENT

In a letter dated January 5, 1962, Oswald said that he would like to make arrangements for a loan from the Embassy or some private organization for part of the airplane fares.[A15-226] The Embassy on February 6, 1962, replied that he would have to supply certain personal and financial data.[A15-227] The letter also said that after repatriation he would not be furnished a passport for travel abroad until he had repaid the money.

Between February 6, 1962, and May 1, 1962, Oswald attempted to secure a loan from the Red Cross[A15-228] and the International Rescue Committee[A15-229] in the United States. The State Department on February 1 wrote Oswald’s mother a letter asking whether she could advance the money.[A15-230] Oswald later wrote both his mother and the Department advising each that his mother should not be bothered in reference to the loan.[A15-231] Ultimately, after an exchange of communications between the Embassy and Washington,[A15-232] the Department approved a loan to Oswald for passage to New York only, directing the Embassy to “Keep cost minimum.”[A15-233] On June 1 Oswald signed a promissory note for $435.71.[A15-234]

Statutory authority for making such a loan was conferred by title 5, section 170(a), of the U.S. Code, which authorizes the Secretary of State to “make expenditures, from such amounts as may be specifically appropriated therefor, for unforeseen emergencies arising in the diplomatic and consular service.” Since 1947, the Department of State’s annual appropriation act has included a sum for expenses necessary “to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service. * * *”[A15-235] In recent years, the accompanying reports submitted by the Appropriations Committee of the House of Representatives have stated, “These funds are used for relief and repatriation loans to the U.S. citizens abroad and for other emergencies of the Department.”[A15-236] Out of the amount appropriated to meet unforeseen emergencies arising in the Diplomatic and Consular Service, the Secretary of State has annually allotted approximately $100,000 to meet the expenses of indigent U.S. nationals, including those in the Soviet Union, who request repatriation loans. From 1959 to 1963, 2,343 such loans were granted.[A15-237]

Section 423.2-1 of the Department’s regulations provides that repatriation loans may be granted only to destitute U.S. nationals:

a. Who are in complete and unquestioned possession of their citizenship rights;

b. Who are entitled to receive United States passports;

c. Whose loyalty to the United States Government is beyond question, or to whom the provisions of Section 423.1-2(b) apply.[A15-238]

Oswald undoubtedly satisfied the requirements of paragraphs (a) and (b), since he was determined to have been a U.S. citizen at the time the loan was granted and he had been issued a passport to return to the United States. There is a serious question whether he could have qualified under the first clause of paragraph (c). The Commission is of the opinion that in its application of this clause the Department should exercise great care in determining whether an applicant’s loyalty to the U.S. Government is beyond question, particularly in the case of a defector like Oswald who has expressed hostility and disloyalty to our government and manifested a desire to renounce his citizenship. The Department chose instead to exercise its judgment under the second clause of paragraph (c), which refers to section 423.1-2(b). This section provides that loans to destitute nationals are authorized when:

b. The United States national is in or the cause of a situation which is damaging to the prestige of the United States Government or which constitutes a compelling reason for extending assistance to effect his return.[A15-239]

The Department decided that the provisions of section (b) were applicable to Oswald because his “unstable character and prior criticism of the United States” would make his continued presence in the Soviet Union damaging to the prestige of the United States.[A15-240] In acting under this section, the Department was acting within its competence and the law. As required by another section of the regulations, the Department sought to obtain funds for the Oswalds’ repatriation from private sources--his mother and the International Rescue Committee--before using Government funds.[A15-241]

Regulations further provide that repatriation loans are authorized for the alien, wife, and children of the U.S. national receiving a repatriation loan in order to avoid the division of families.[A15-242] However, loans are limited

To the minimum amount required to cover transportation and subsistence while enroute to the nearest continental United States port. * * * When necessary, loans may include: expenses incident to embarkation, such as fees for documentation and minimum subsistence from the date of application for a loan to the date of departure by the first available ship. * * * The cost of transportation shall be limited to third-class passage by ship.[A15-243]

Oswald’s loan was sufficient to cover no more than the least expensive transportation from Moscow to New York. His passport was stamped as valid only for return to the United States.[A15-244] Oswald completed all necessary forms and affidavits to obtain the loan.[A15-245]

According to its own procedures the Department of State should have prepared a lookout card for Oswald in June 1962 when he received the proceeds of the loan.[A15-246] The promissory note which he signed contained a provision stating,

I further understand and agree that after my repatriation I will not be furnished a passport for travel abroad until my obligation to reimburse the Treasurer of the United States is liquidated.[A15-247]

However, a lookout card was never in fact prepared. With respect to this failure the State Department has informed the Commission as follows:

On receipt of notice of the loan from the Embassy in Moscow, the Department’s procedures provided that Miss Leola B. Burkhead of the Revenues and Receipts Branch of the Office of Finance should have notified the Clearance Section in the Passport Office of Oswald’s name, date, and place of birth. If the Passport Office received only the name and not the date and place of birth of a borrower, it would not have prepared a lookout card under its established procedures because of lack of positive identification. (Among the Passport Office’s file of millions of passport applicants, there are, of course, many thousands of identical names.) Mr. Richmond C. Reeley was the Chief of the Revenues and Receipts Branch of the Office of Finance and Mr. Alexander W. Maxwell was Chief of the Clearance Section. If the notice was received in the Clearance Section it would have been delivered to the Carding Desk for preparation of a lookout card on Oswald. It appears, however, that such a lookout card was not prepared. It may have been that the Finance Office did not notify the Clearance Section of Oswald’s loan. One reason for this might have been the Finance Office’s lack of information concerning Oswald’s date and place of birth. On the other hand, the Finance Office may have notified the Clearance Section of Oswald’s name only, in which case this Section would not have prepared a lookout card under its procedures. Since Oswald began repaying the loan in installments immediately after his return to the United States, it is also possible that the Office of Finance decided that it was unnecessary to pursue the matter further. In any event, Oswald’s loan was repaid in full on January 29, 1963, five months prior to his application for a new passport.[A15-248]

OSWALD’S RETURN TO THE UNITED STATES AND REPAYMENT OF HIS LOAN

On June 1, 1962, the some day that Oswald received his loan from the State Department, he and his family left Moscow by train destined for Rotterdam, The Netherlands.[A15-249] They boarded the SS Maasdam at Rotterdam on June 4 and arrived in New York on June 13, 1962.[A15-250] The Embassy sent word of the Oswalds’ departure to the Department of State in Washington on May 31.[A15-251] Consistent with its prior practice of keeping the Federal security agencies informed of Oswald’s activity,[A15-252] the Department notified the FBI.[A15-253]

Frederick J. Wiedersheim, an officer of the Immigration and Naturalization Service in New York, interviewed the Oswalds upon their entry into the United States at Hoboken, N.J., on June 13, 1962, but made no written report. Mr. Wiedersheim recalled that he asked the Oswalds various questions which would determine the eligibility of both Oswald and Marina to enter the United States. The questions included whether Oswald had expatriated himself and whether Marina belonged to any Communist organization which would bar her entry. These questions were answered in ways which did not appear to raise any problems and therefore the Oswalds were admitted.[A15-254]

After his reentry, Oswald repaid his loan without having to be reminded by the Department to do so. The early payments were very small because he first repaid the approximately $200 he had borrowed from his brother Robert to apply against the expenses of his travel from New York to Fort Worth, Tex.[A15-255] The schedule of payments is as follows:

Aug. 13, 1962 $10.00 Sept. 5, 1962 9.71 Oct. 10, 1962 10.00 Nov. 19, 1962 10.00 Dec. 11, 1962 190.00 Jan. 9, 1963 100.00 Jan. 29, 1963 106.00 Total [A15-256]435.71

ISSUANCE OF A PASSPORT IN JUNE 1963

On June 24, 1963, Oswald applied for a U.S. passport at the Passport Office in New Orleans, La.[A15-257] He said he was planning to visit England, France, Holland, U.S.S.R., Finland, Italy, and Poland, and that he intended to leave the country sometime during November or December 1963 by ship from New Orleans.[A15-258] He stated further that he was married to a person born in Russia who was not an American citizen. For occupation, the word “Photographer” was inserted on the application.[A15-259]

On the same day a teletype was sent to Washington containing the names of 25 of the persons who applied for passports on that date in New Orleans, Oswald’s name among them. On the right side of the Washington Passport Office copy of the teletype message, approximately parallel to his name, are the letters, “NO,” written in red pencil.[A15-260] Oswald was issued a passport on June 25, 1963.[A15-261]

Since there was no lookout card on Oswald, the passport was processed routinely. Twenty-four hours is the usual time for routinely granted passports to be issued.[A15-262] The handwritten notation, “NO,” which appeared beside Oswald’s name on the list of applicants from New Orleans, is a symbol for the New Orleans Passport Office that is routinely placed on incoming teletype messages by anyone of a group of persons in the teletype section of the Passport Office.[A15-263] No one looked at Oswald’s file previously established with the Department.[A15-264] The Department, however, has informed the Commission that at the time the passport was issued there was no information in its passport or security files which would have permitted it to deny a passport to Oswald.[A15-265] No lookout card should have been in the file based upon the Moscow Embassy’s memorandum of March 28, 1960, which drew attention to Oswald’s intention to expatriate himself, because the subsequent determination that Oswald had not expatriated himself would remove expatriation as a possible ground for denying him a passport.[A15-266] And by January 29, 1963, the repatriation loan had been repaid, so a lookout card should not have been in the file on that basis.[A15-267]

* * * * *

Oswald was entitled to receive a passport in 1963 unless he came within one of the two statutory provisions authorizing the Secretary of State to refuse to issue it.[A15-268] Section 6 of the Subversive Activities Control Act of 1950, which has recently been declared unconstitutional,[A15-269] then provided:

* * * it shall be unlawful for any member of [an organization required to register], with knowledge or notice that such organization is so registered and that such order has become final--(1) to make application for passport, or the renewal of a passport, to be issued or renewed by or under the authority of the United States; or (2) to use or attempt to use any such passport.[A15-270]

Pursuant to section 6, the State Department promulgated a regulation which denied passports to

* * * any individual who the issuing officer knows or has reason to believe is a member of a Communist Organization registered or required to be registered under Section 7 of the Subversive Activities Control Act of 1950 as amended.[A15-271]

Since there is no evidence that Lee Harvey Oswald was a member of the American Communist Party or any other organization which had been required to register under section 7 of the Subversive Activities Control Act,[A15-272] a passport could not have been denied him under section 6.

Section 215 of the Immigration and Nationality Act provides that, while a Presidential proclamation of national emergency is in force,

* * * it shall, except as otherwise provided by the President, * * * be unlawful for any citizen of the United States to depart from or enter * * * the United States unless he bears a valid passport.[A15-273]

Because a proclamation of national emergency issued by President Truman during the Korean war had not been revoked by 1963, the Government has taken the position that the statute remains in force.[A15-274] Pursuant to section 215, the State Department has issued regulations setting forth the circumstances under which it will refuse a passport:

In order to promote and safeguard the interests of the United States, passport facilities, except for direct and immediate return to the United States, shall be refused to a person when it appears to the satisfaction of the Secretary of State that the person’s activity abroad would: (a) violate the laws of the United States; (b) be prejudicial to the orderly conduct of foreign relations; or (c) otherwise be prejudicial to the interests of the United States.[A15-275]

The State Department takes the position that its authority under this regulation is severely limited. In a report submitted to the Commission, the Department concluded that “there were no grounds consonant with the passport regulations to take adverse passport action against Oswald prior to November 22, 1963.”[A15-276] Although Oswald’s statement in 1959 that he would furnish the Russians with information he had obtained in the Marine Corps may have indicated that he would disclose classified information if he possessed any such information, there was no indication in 1963 that he had any valuable information.[A15-277] Moreover, Oswald’s 1959 statement had been brought to the attention of the Department of the Navy[A15-278] and the FBI[A15-279] and neither organization had initiated criminal proceedings. The Department therefore had no basis for concluding that Oswald’s 1959 statement was anything more than rash talk.[A15-280] And the State Department’s files contained no other information which might reasonably have led it to expect that Oswald would violate the laws of the United States when he went abroad.

The most likely ground for denying Oswald a passport in 1963, however, was provided by subsection (c) of the regulation quoted above, which requires the denial of a passport when the Secretary of State is satisfied that the applicant’s “activity abroad would * * * otherwise be prejudicial to the interests of the United States.” In 1957 the State Department described to the Senate Foreign Relations Committee one category of persons to whom it denied passports under this provision:

Persons whose previous conduct abroad has been such as to bring discredit on the United States and cause difficulty for other Americans (gave bad checks, left unpaid debts, had difficulties with police, etc.).[A15-281]

In light of the adverse publicity caused the United States by Oswald’s prior defection to the Soviet Union, he could have been considered a person “whose previous conduct abroad had been such as to bring discredit on the United States.” Indeed, the State Department itself had previously been of the opinion that Oswald’s continued presence in Russia was damaging to the prestige of the United States because of his unstable character and prior criticisms of the United States.[A15-282]

However, in 1958 the Supreme Court had decided two cases which restricted the Secretary of State’s authority to deny passports. In Kent v. Dulles[A15-283] and Dayton v. Dulles,[A15-284] the Supreme Court invalidated a State Department regulation permitting the denial of passports to Communists and to those “who are going abroad to engage in activities which will advance the Communist movement for the purpose, knowingly and willfully of advancing that movement,” on the ground that the regulation exceeded the authority Congress had granted the Secretary. The Kent opinion stressed the importance to be attached to an individual’s ability to travel beyond the borders of the United States:

The right to travel is a part of the “liberty” of which the citizen cannot be deprived without due process of law under the Fifth Amendment * * * Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, may be necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.[A15-285]

The Kent opinion also suggested that grounds relating to citizenship and allegiance to illegal conduct might be the only two upon which the Department could validly deny a passport application.

The Department, though publicly declaring that these decisions had little effect upon its broadly worded regulation,[A15-286] in practice denied passports only in limited situations. In 1963 the Department denied passports only to those who violated the Department’s travel restrictions, to fugitives from justice, to those involved in using passports fraudulently, and to those engaged in illegal activity abroad or in conduct directly affecting our relations with a particular country.[A15-287] Passports were granted to people who the Department might have anticipated would go abroad to denounce the United States, and to a prior defector.[A15-288] State Department officials believed that in view of the Supreme Court decisions, the Department was not empowered to deny anyone a passport on grounds related to freedom of speech or to political association and beliefs.[A15-289]

Since Oswald’s citizenship was not in question and since there was no indication that he would be involved in illegal activity abroad, the only grounds upon which a passport might have been denied Oswald would have fallen within the area of speech or political belief and association. The Commission therefore concludes that the Department was justified in granting a passport to Oswald on June 25, 1963.

VISIT TO THE RUSSIAN EMBASSY IN MEXICO CITY

In October 1963, the Passport Office of the State Department received a report from the Central Intelligence Agency that Oswald had visited the Soviet Embassy in Mexico City.[A15-290] The report said nothing about Oswald’s having visited the Cuban Embassy in Mexico City, a fact which was not known until after the assassination. Upon receipt of the information the passport file on Lee Harvey Oswald was reviewed by the Passport Office.[A15-291] The CIA communication and the passport file were read by an attorney and a supervisory attorney in that office who found no basis for revoking Oswald’s passport or for notifying the FBI or CIA that Oswald had been issued a new passport in June 1963.[A15-292] The Department has informed the Commission that, “since the report indicated no grounds for determining Oswald was ineligible for a passport, a determination was made that no action by the passport office was required.”[A15-293] Travel to Russia was not proscribed in 1963. Moreover, the Soviet Union was one of the countries Oswald had listed on his passport application. Hence, the Commission agrees that Oswald’s taking steps to enter the Soviet Union in 1963 was not a sufficient reason to revoke his passport.

Later, on November 14, 1963, the FBI sent the Department a report on Oswald’s arrest in New Orleans, La. during August in connection with a fistfight in which he became engaged when passing out pamphlets entitled “Hands Off Cuba.” No action was taken on the basis of the Bureau’s report.[A15-294] The Commission agrees that this incident was not grounds for revoking Oswald’s passport.

CONCLUSION

Investigation of Oswald’s complete dealings with the Department of State and the Immigration and Naturalization Service reveals no irregularity suggesting any illegal actions or impropriety on the part of government officials. The Commission believes, however, that in applying its own regulations the Department should in all cases exercise great care in the return to this country of defectors such as Oswald who have evidenced disloyalty or hostility to this country or who have expressed a desire to renounce their U.S. citizenship and that, when such persons are returned, procedures should be adopted for the better dissemination of information concerning them to the intelligence agencies of the Government. The operation of the “lookout card” system in the Department of State was obviously deficient, but since these deficiencies did not affect Oswald or reflect any favoritism or impropriety, the Commission considers them beyond the scope of its inquiry.

Especially while he was in the Soviet Union, Oswald’s manner to Government personnel was frequently insulting and offensive. As one 1962 communication between the Embassy and the Department of State observed, “It is not that our hearts are breaking for Oswald. His impertinence knows no bounds.”[A15-295] Nonetheless, the officials of the U.S. Government respected Oswald as a troubled American citizen and extended to him the services and assistance for which the agencies of government have been created. Though Oswald was known to be “an unstable character, whose actions are highly unpredictable,”[A15-296] there was no reasonable basis in 1961 and 1962 for suspecting that upon his readmittance to the country he would resort to violence against its public officials. The officers of the Department of State and the Immigration and Naturalization Service, acting within the proper limits of their discretion, concluded that Oswald’s return to the United States was in the best interests of the country; it is only from the vantage of the present that the tragic irony of their conclusion emerges.

APPENDIX XVI

A Biography of Jack Ruby

In this appendix the Commission presents a biography of Jack Ruby. Although criminal proceedings involving its subject are pending in the State of Texas, the Commission has decided to include this rather detailed account of Ruby’s life and activities for several reasons. Most importantly, the Commission believes it will permit a better evaluation of the evidence on the question whether Ruby was involved in any conspiracy. Furthermore, the Commission believes that in view of the many rumors concerning Ruby the public interest will be served by an account which attempts to give sufficient material to provide an impression of his character and background. The Commission’s desire not to interfere in the pending proceedings involving Ruby necessarily limits the scope of this appendix, which does not purport to discuss the legal issues raised during Ruby’s trial or his possible motive for shooting Oswald.

FAMILY BACKGROUND

Jack Ruby, born Jacob Rubenstein, was the fifth of his parents’ eight living children. There is much confusion about his exact birth date. School records report it as June 23, April 25,[A16-1] March 13, and, possibly, March 3, 1911.[A16-2] Other early official records list his date of birth as April 21 and April 26, 1911.[A16-3] During his adult life the date Ruby used most frequently was March 25, 1911.[A16-4] His driver’s license, seized following his arrest, and his statements to the FBI on November 24, 1963, listed this date.[A16-5] However, the police arrest report for November 24 gave his birth date as March 19, 1911.[A16-6] Since the recording of births was not required in Chicago prior to 1915, Ruby’s birth may never have been officially recorded.[A16-7] No substantial conflict exists, however, about whether Jack Ruby was born in 1911.[A16-8]

Ruby has one older brother and three older sisters. The oldest children, Hyman and Ann, were born shortly after the turn of the century,[A16-9] before their parents arrived in the United States.[A16-10] The other children were born in Chicago. Ruby’s sister Marion was born in June 1906[A16-11] and his sister Eva in March 1909.[A16-12] Ruby also has two younger brothers and a younger sister. Sam was born in December 1912,[A16-13] Earl in April 1915.[A16-14] The youngest child, Eileen, was born in July 1917.[A16-15] At least one and possibly two other children died during infancy.[A16-16]

Jack Ruby’s father, Joseph Rubenstein, was born in 1871 in Sokolov, a small town near Warsaw, Poland, then under the rule of Czarist Russia.[A16-17] He entered the Russian artillery in 1893.[A16-18] There he learned the carpentry trade, which had been practiced by his father and at least one brother[A16-19] and he picked up the habit of excessive drinking that was to plague him for the rest of his life.[A16-20] While in the army,[A16-21] he married Jack’s mother, Fannie Turek Rutkowski;[A16-22] the marriage was arranged, as was customary, by a professional matchmaker.[A16-23] According to his oldest son, Joseph Rubenstein served in China, Korea, and Siberia, detesting these places and army life. Eventually, in 1898, he simply “walked away” from it and about 4 years later he went to England and Canada, entering the United States in 1903.[A16-24]

Settling in Chicago, Joseph Rubenstein joined the carpenters union in 1904 and remained a member until his death in 1958.[A16-25] Although he worked fairly steadily until 1928, he was unemployed during the last 30 years of his life.[A16-26] The only other group which Joseph Rubenstein joined consisted of fellow immigrants from Sokolov. His daughter Eva described this group as purely social and completely nonpolitical.[A16-27]

Jack Ruby’s mother, Fannie Rubenstein, was probably born in 1875 near Warsaw, Poland.[A16-28] She followed her husband to the United States in 1904 or 1905, accompanied by her children Hyman and Ann.[A16-29] An illiterate woman, she went to night school in about 1920 to learn how to sign her name.[A16-30] She apparently failed in this endeavor, however, for an alien registration form, filed after about 35 years in the United States, was signed by an “X”.[A16-31] Although she apparently learned some English, her speech was predominantly Yiddish, the primary language of the Rubenstein household.[A16-32] Still, Mrs. Rubenstein felt strongly that her children required an education in order to better themselves. She frequently argued about this with her husband, who had received little, if any, formal education and firmly believed that grammar school training was sufficient for his children.[A16-33]

CHILDHOOD AND YOUTH (1911-33)

In 1911, when Jack Ruby was born, his family resided near 14th and Newberry Streets in Chicago, the first in a series of Jewish neighborhoods in which the Rubensteins lived during his childhood.[A16-34] In 1916, the Rubensteins lived at 1232 Morgan Street, where they apparently remained until 1921.[A16-35] This was the fourth residence in the first 5 years of Jack Ruby’s life.[A16-36] Earl Ruby described one typical neighborhood in which the family lived as a “ghetto” with “pushcarts on the streets.”[A16-37] His sister Eva characterized it as “below the middle class but yet it wasn’t the poorest class.”[A16-38] The family generally lived near Italian sections, where there were frequent fights along ethnic lines.[A16-39]

The Rubenstein home was marked by constant strife and the parents were reported to have occasionally struck each other.[A16-40] Between 1915 and 1921, Joseph Rubenstein was frequently arrested because of disorderly conduct and assault and battery charges, some filed by his wife.[A16-41] In the spring of 1921, Jack Ruby’s parents separated.[A16-42] In 1937 Mrs. Rubenstein reported that she had desired a divorce 15 years earlier, but her husband had been opposed to it.[A16-43] The predominant causes of the separation were apparently Joseph Rubenstein’s excessive drinking and Fannie Rubenstein’s uncontrollable temper. She resented her numerous pregnancies, believed her husband to be unfaithful, and nagged him because he failed to make enough money.[A16-44]

Psychiatric Report

Young Jack soon showed the effects of parental discord. On June 6, 1922, at the age of 11, he was referred to the Institute for Juvenile Research by the Jewish Social Service Bureau. The reason for the referral was “truancy and incorrigible at home.”[A16-45] On July 10, 1922, the institute recommended to the bureau that Jack be placed in a new environment where his characteristics might be understood and where he might be afforded the supervision and recreation that would end his interest in street gangs.[A16-46] In March 1923, the institute advised the bureau that “placement in a home, where intelligent supervision and discipline can be given” was appropriate.[A16-47]

The institute’s psychiatric examination, which served as a basis for these recommendations, took place in 1922, prior to the advent of many techniques and theories of modern psychiatry,[A16-48] but it is the most objective evidence of Jack Ruby’s childhood character. According to the psychiatric report, Jack was “quick tempered” and “disobedient.”[A16-49] He frequently disagreed openly with his mother, whom he considered an inferior person with whose rules he did not have to comply.[A16-50] Jack told the institute’s interviewer that he ran away from home because his mother lied to him and beat him.[A16-51] Although Mrs. Rubenstein was severe with her children, she was described as totally incapable of coping with them “because of their delinquencies, i.e., principally their destructive tendencies and disregard for other people’s property.”[A16-52] His mother’s “extreme temperament” and quarrelsomeness were cited as possible causes of Jack’s “bad behavior.”[A16-53]

Self-administered questionnaires revealed that Jack felt his classmates were “picking” on him and that he could not get along with his friends.[A16-54] They also indicated that, although Jack described himself as a good ballplayer, he did not belong to any clubs and was not a member of any athletic teams.[A16-55] Jack’s psychiatric interviewer reported:

He could give no other good reason for running away from school except that he went to amusement parks. He has some sex knowledge and is greatly interested in sex matters. He stated that the boys in the street tell him about these things. He also claims that he can lick everyone and anybody in anything he wants to do.[A16-56]

The interviewer noted that during “mental tests” he reacted quickly, often carelessly, and his attention was apt to wander so that he had to be reprimanded.[A16-57]

A letter recommending the boy’s placement in a more wholesome environment stated:

He is egocentric and expects much attention, but is unable to get it as there are many children at home. His behavior is further colored by his early sex experiences, his great interest [in sex] and the gang situation in the street. From a superficial examination of his mother who was here with him, it is apparent that she has no insight into his problem, and she is thoroughly inadequate in the further training of this boy.[A16-58]

Recognizing that the sketchiness of the case record precluded complete diagnosis, Dr. Raymond E. Robertson, currently the superintendent of the institute, reported nonetheless that it seems “firmly established * * * [that] his unstable and disorganized home could not provide Jack with the necessary controls and discipline.”[A16-59]

Placement in Foster Homes

On July 10, 1923, a dependency hearing involving Jack, his younger brothers Sam and Earl, and his sister Eileen, was held in Chicago’s juvenile court.[A16-60] The petition alleged that the children were not receiving proper parental care. They had, until then, been in their mother’s custody, living on Roosevelt Road, the border between Jewish and Italian districts.[A16-61] The juvenile court made a finding of dependency. It appointed the Jewish Home Finding Society guardian with the right to place the children in foster homes, and it ordered Joseph Rubenstein to pay the court clerk $4 per week for the support of each child. On November 24, 1924, this order was vacated, which apparently signified the termination of the guardianship and the return of the children to their mother. On April 8, 1925, the case was continued “generally,” meaning that it was inactive but could be reactivated if the court so desired.[A16-62]

Despite court records, the exact circumstances and length of time that Jack Ruby lived away from home are not entirely clear. Records indicate that Jack, Sam, Earl, and Eileen Rubenstein were wards of the Jewish Home Finding Society “for a short time in 1922-23.”[A16-63] However, Jack and Eileen stated they spent about 4 or 5 years in foster homes.[A16-64] Earl testified that he and Sam were originally sent to a private foster home and then lived on a farm for a little more than a year, while Jack was on a different farm “some distance away.” Subsequently the three brothers lived together in another foster home.[A16-65]

Subsequent Home Life

When Jack Ruby returned to his family, the unit was still disordered. His father remained apart from the children at least until 1936 and perhaps until a few years later.[A16-66] Mrs. Rubenstein’s inability to manage her home, which had been reported by the Institute for Juvenile Research in 1922, apparently continued. For example, in 1937 Marion Rubenstein observed that her mother “has never been any kind of a housekeeper, was careless with money, and never took much interest in the children’s welfare * * * she was selfish, jealous, disagreeable, and never cared to do anything in the home but lie around and sleep.”[A16-67] Dr. Hyman I. Rubenstein, the son of Joseph Rubenstein’s brother, recalled that Jack Ruby’s mother ran “an irregular household” and appeared to be “a rather disturbed person of poor personal appearance with no incentive for cleaning or cooking.”[A16-68]

Mrs. Rubenstein’s domestic shortcomings were accompanied by symptoms of mental disease. In about 1913, 2 years after Jack was born, Mrs. Rubenstein began to develop a delusion that a sticking sensation in her throat was caused by a lodged fishbone.[A16-69] Each month Hyman, her oldest child, took her to a clinic. And each month the examining doctor, finding no organic cause for discomfort, informed her that there was nothing in her throat and that the sensation was but a figment of her imagination. According to Hyman, this practice continued for a number of years until Mrs. Rubenstein tired of it.[A16-70]

In 1927, Mrs. Rubenstein once again began to visit clinics in connection with her fishbone delusion. Three years later, a thyroidectomy was performed, but she subsequently said it did nothing to relieve her discomfort.[A16-71] According to the Michael Reese Hospital, whose clinic she had visited since 1927, Mrs. Rubenstein was suffering from psychoneurosis with marked anxiety state.

By order of the county court of Cook County, Mrs. Rubenstein was committed to Elgin State Hospital on July 16, 1937.[A16-72] She was paroled on October 17, 1937, 3 months after her commitment.[A16-73] On January 3, 1938, the Chicago State Hospital informed Elgin State that the family desired that she be readmitted to the mental hospital. The family reported that she was uncooperative, caused constant discord, was very noisy, and used obscene language.[A16-74] A State social worker observed that Mrs. Rubenstein refused ever to leave the house, explaining that her children would have thrown her things out had she left. Mrs. Rubenstein rebuffed a suggestion by the social worker that she help with the dishes by stating that she would do nothing as long as her “worthless” husband was in the house.[A16-75] She was readmitted on January 14, 1938.[A16-76]

Mrs. Rubenstein was again paroled on May 27, 1938, and was discharged as “improved” on August 25, 1938.[A16-77] She stayed in an apartment with Marion, and her separation from the rest of the family apparently ended most of the difficulties.[A16-78] Subsequently, Jack Ruby’s parents were apparently reconciled, since their alien registration forms, filed in late 1940, indicated that they both resided at Marion’s address.[A16-79]

Fannie Rubenstein was admitted to Michael Reese Hospital on April 4, 1944, as a result of a heart ailment. Her condition was complicated by an attack of pneumonia and she died at the hospital on April 11, 1944.[A16-80] Hyman testified that, perhaps because she favored the education of her children and they recognized her difficulties in rearing them during a turbulent marriage, they all remembered Mrs. Rubenstein with warmth and affection.[A16-81] The evidence also indicates that Jack, notwithstanding his earlier attitudes, became especially fond of his mother.[A16-82] Following his wife’s death, Joseph Rubenstein stayed with the children in Chicago, where he died at the age of 87, on December 24, 1958.[A16-83]

Education

Records provided by the Chicago Board of Education revealed that Jack Ruby attended Smyth Grammar School from October 24, 1916, through the 1920-21 term, completing kindergarten to grade 4B.[A16-84] He repeated the third grade.[A16-85] During the 1921-22 school year Jack finished the fourth grade at the Clarke School; he attended Schley School for the 1924-25 term, when he completed the sixth grade. Ruby’s relationship with the Institute for Juvenile Research and the Jewish Home Finding Society may explain the lack of academic records for the 1922-23 and 1923-24 school years. While there is some uncertainty about Ruby’s education subsequent to September 1925,[A16-86] it seems likely that he completed the eighth grade in 1927, when he was 16. Although Jack Ruby and others have stated that he attended at least 1 year of high school,[A16-87] the Chicago Board of Education could not locate any record of Ruby’s attending Chicago high schools.[A16-88] Considering the absence of academic records and Jack’s apathetic attitude toward school,[A16-89] the Commission deems it unlikely that his education extended into high school.

Records of the Institute for Juvenile Research revealed that, as of June 1922, Ruby had no religious education outside the public school system.[A16-90] However, according to their children, Jack’s parents made some effort to inculcate in them a desire to adhere to the tenets of Orthodox Judaism. Jewish dietary and festival laws were observed and several of the children accompanied Joseph Rubenstein to the synagogue.[A16-91] Earl Ruby stated that all the boys received some Hebrew school training until the breakup of the Rubenstein home in 1921.[A16-92] However, Hyman Rubenstein testified that the instability and economic necessities of the household and the children’s relationships outside the home frustrated the religious efforts of Ruby’s parents.[A16-93]

Activities

Born in a home that disintegrated when he was 10 and boasting no substantial educational background, Jack Ruby early found himself on Chicago streets attempting to provide for himself and other members of his family. An avid sports fan, he, together with many of his friends, “scalped” tickets to various sporting events.[A16-94] He also sold numerous novelty items and knickknacks, particularly those connected with professional and collegiate athletics. Even in his youth, Ruby declined to work on a steady basis for someone else.[A16-95]

According to his brother Hyman, Jack Ruby’s only legal difficulty as a youth resulted from an altercation with a policeman about ticket scalping. Hyman, then active in local politics, was able to have charges arising out of the incident dropped.[A16-96] Ruby has indicated that during the depression he served a short jail sentence for the unauthorized sale of copyrighted sheet music.[A16-97]

The only other member of the Rubenstein family who appears to have had any difficulty with the law while a youth was Hyman. On May 1, 1916, Chicago’s juvenile court declared Hyman incorrigible, a term covering a wide range of misbehavior. Because of the absence of informative court records and the lapse of time, the misconduct that occasioned this proceeding could not be ascertained, but Hyman is not known to have encountered subsequent difficulty.[A16-98] Some of Ruby’s childhood friends eventually became criminals;[A16-99] however, Hyman Rubenstein, his sister Mrs. Eva Grant, and virtually all of Ruby’s friends and acquaintances who were questioned reported that he was not involved with Chicago’s criminal element.[A16-100]

The evidence indicates that young Jack was not interested in political affairs.[A16-101] Hyman was the only Rubenstein to participate actively in politics. Sponsored by various political officials, he became a sidewalk inspector and warehouse investigator for 8 years. On one occasion, he obtained a permit for Jack to sell novelties from a pushcart located in a business district during the pre-Christmas buying rush. Eventually the complaints of enraged businessmen led licensing authorities to declare that a mistake had been made and to revoke Ruby’s permit.[A16-102]

Temperament

The evidence reveals striking differences of opinion among childhood friends and acquaintances of Jack Ruby about whether he possessed violent tendencies. Many persons stated that he was mild mannered, quiet, and even tempered.[A16-103] Former welterweight champion Barney Ross, whom Jack Ruby idolized from the inception of his boxing career,[A16-104] stated that Ruby was “well behaved,” was never a troublemaker, and was never involved with law-enforcement agencies.[A16-105] Another friend, who became a successful businessman on the west coast, said that, as a youth, Ruby never started fights even though he was adept with his fists.[A16-106] Other friends declared that he would, if at all possible, avoid clashes.[A16-107]

But many other friends and acquaintances recalled that he had a hot temper and was quickly moved to violent acts or words.[A16-108] One friend explained that in the “tough” Chicago neighborhood where they lived, self-defense was vitally important and added that Ruby was fully capable of defending himself.[A16-109] Another friend described Ruby as quick tempered and, though unlikely to pick fights, willing to accept any challenge without regard to the odds against him.[A16-110] Young Jack also interfered in fights, particularly when the person he was aiding appeared to be taking a severe beating or in a disadvantageous position.[A16-111] Others reported that he had the reputation of being a good street brawler.[A16-112] One school friend recalled that when Jack argued vehemently about sports, he occasionally used a stick or other available weapon. He reported, however, that after Ruby’s anger subsided, he reverted to his normal, likable character.[A16-113]

From early childhood, Jack Ruby was called “Sparky” by those who knew him.[A16-114] According to his sister Eva Grant, the nickname derived from the way Jack wobbled when he walked. He was thought to resemble the slow-moving horse called “Sparky” or “Sparkplug” depicted in a contemporary comic strip. Mrs. Grant testified that her brother became incensed when called “Sparky” and that from the time he was about 8 years old he would strike anyone calling him by that name.[A16-115] A childhood friend also recalled that Jack hated the nickname and would fight when called by it.[A16-116] Mrs. Grant was unsure whether the nickname “Sparky” did not also result from his quick reaction to the taunts of young friends.[A16-117] Hyman Rubenstein thought that the nickname derived from Jack’s speed, aggressiveness, and quick thinking. The many accounts of Ruby’s lightninglike temper lend credence to the theory, widely held, that his nickname was connected with his volatility.[A16-118]

YOUNG MANHOOD (1933-43)

San Francisco (1933-37)

Jack Ruby reported that in about 1933, he and several Chicago friends went to Los Angeles and, shortly thereafter, to San Francisco.[A16-119] Although there is evidence that he stayed there until 1938, 1939, or 1940,[A16-120] Ruby stated that he returned to Chicago in about 1937,[A16-121] and this appears to have been the case.[A16-122] Eva Grant testified that Ruby went to the west coast because he believed employment would be available there.[A16-123]

Eva, who married Hyman Magid in Chicago in 1930,[A16-124] was divorced in early 1934, and in about June of that year joined her brother Jack in San Francisco. She and her son, Ronald, shared an apartment with him. In 1936, Eva married Frank Granovsky, also known as Frank Grant, in San Francisco, and Ruby shared a four-room apartment with them and Ronald for a short while.[A16-125]

Occupations and Activities

Ruby stated that when he and his friends arrived in Los Angeles, they sold a handicapper’s tip sheet for horseraces at Santa Anita racetrack which had just opened.[A16-126] Eva Grant testified that Ruby also worked as a singing waiter in Los Angeles, but made very little money.[A16-127]

When the group moved to San Francisco, Ruby continued to sell “tip” sheets at Bay Meadows racetrack.[A16-128] Subsequently, he became a door-to-door salesman of subscriptions to San Francisco newspapers.[A16-129] Although there is some evidence that he ultimately became chief of his crew and had several people working under him,[A16-130] other reports indicate that this is unlikely.[A16-131] Eva Grant testified that she also sold newspaper subscriptions but was less proficient than her brother and relied upon him for advice and support.[A16-132]

Although virtually all his San Francisco acquaintances knew Jack Ruby as “Sparky,”[A16-133] there is no evidence that he engaged in violent activities in San Francisco or was reputed to possess a vicious temper. One friend, who stated that he resided with Ruby and Eva for about a year, described him as a “well-mannered, likable individual who was soft spoken and meticulous in his dress and appearance.”[A16-134] Another friend described him as a “clean-cut, honest kid,”[A16-135] and the manager of a crew with which Ruby worked stated that he had a good reputation and appeared to be an “honest, forthright person.” The crew manager reported that Ruby associated with a sports crowd, some of whose members were involved with professional boxing, but not with criminals. He added that Ruby had a personal liking for law enforcement and would have wanted to become a police officer had he been larger physically.[A16-136]

One friend reported that although Ruby always associated with Jewish people, he never exhibited great interest in religion.[A16-137] Ruby met Virginia Belasco, granddaughter of the prominent playwright and actor, David Belasco, in about 1936 at a dance at the Jewish community center in San Francisco. Miss Belasco stated that while a teenager she saw Ruby socially on several occasions between 1936 and 1941.[A16-138] The only other evidence concerning Ruby’s social activities while in San Francisco is his statement to his long-time girl friend, Alice Nichols of Dallas,[A16-139] that while in San Francisco he met the only other woman, Virginia Fitzgerald or Fitzsimmons, that he ever considered marrying.[A16-140]

Chicago (1937-43)

Jack Ruby stated that following his return to Chicago, he was unemployed for a considerable period.[A16-141] However, when his mother was admitted to Elgin State Hospital in 1937,[A16-142] she reported that he was employed as a “traveling salesman” apparently living away from home.[A16-143] Although there is conflicting evidence about his ability to earn a comfortable living,[A16-144] he apparently was able to maintain a normal existence[A16-145] and required no financial assistance from his family or friends. He continued to be a so-called “hustler,” scalping tickets and buying watches and other small items for resale at discount prices.[A16-146] One of his closest Chicago friends stated that Ruby’s sales and promotions were “shady” but “legitimate.”[A16-147]

Labor union activities.--Ruby reported that in “about 1937” he became active in Local 20467 of the Scrap Iron and Junk Handlers Union.[A16-148] At this time, his friend, attorney Leon Cooke, was the local’s financial secretary.[A16-149] Records provided by the Social Security Administration indicate that Ruby was employed by the union from late 1937 until early 1940;[A16-150] he worked as a union organizer and negotiated with employers on its behalf.[A16-151]

On December 8, 1939, the union’s president, John Martin, shot Cooke, who died of gunshot wounds on January 5, 1940; Martin was subsequently acquitted on the ground of self-defense.[A16-152] Although a Jack Rubenstein is mentioned in the minutes of a union meeting on February 2, 1940,[A16-153] and Ruby is reported to have said after Cooke’s death that he wanted to “take over” the union,[A16-154] the evidence indicates that Ruby was so upset by Cooke’s death that he was unable to devote himself further to union activities and left its employ.[A16-155] Ruby reported that after Cooke’s death he adopted the middle name “Leon,” which he used only infrequently, in memory of his friend.[A16-156]

Since Ruby was the ultimate source of all but one of these accounts,[A16-157] other descriptions of Ruby’s separation from the union cannot with certainty be deemed inaccurate. These reports indicated that Ruby might have been forced out of the union by a criminal group, or might have left because he lacked the emotional stability necessary for sucessful labor negotiations[A16-159] or because he felt he was not earning enough money with the union.[A16-160]

Although the AFL-CIO investigated the ethical practices of local 20467 in 1956, placed the local in trusteeship, and suspended Paul Dorfman, who succeeded Martin and Cooke, there is no evidence that Ruby’s union activities were connected with Chicago’s criminal element.[A16-161] Several longtime members of the union reported that it had a good reputation when Ruby was affiliated with it[A16-162] and employers who negotiated with it have given no indication that it had criminal connections.[A16-163]

Subsequent employment.--In 1941, Ruby and Harry Epstein organized the Spartan Novelty Co., a small firm that sold in various northeastern States small cedar chests containing candy and gambling devices known as punchboards.[A16-164] Earl Ruby and two of Jack Ruby’s friends, Martin Gimpel and Martin Shargol, were also associated in this venture. The group had no fixed addresses, living in hotels.[A16-165]

Late in 1941, Jack Ruby returned to Chicago, where he continued his punchboard business through the mails.[A16-166] Following the December 7, 1941, attack on Pearl Harbor, he and several friends decided to design and sell plaques commemorating the Day of Infamy. However, the venture was impeded by Ruby’s perfectionistic approach to details of design which resulted in numerous production delays.[A16-167] By the time Ruby’s copyrighted plaque [A16-168] was finally ready for sale, the market was flooded with similar items.[A16-169] At about this time, Ruby also sold busts of Franklin Delano Roosevelt.[A16-170] In late 1942 and 1943, Ruby was employed by the Globe Auto Glass Co.[A16-171] and Universal Sales Co.[A16-172]

Although one of Ruby’s acquaintances at this time described him as a cuckoo nut on the subject of patriotism,[A16-173] the evidence does not indicate that Ruby’s promotion of “Remember Pearl Harbor” plaques and Roosevelt busts was motivated by patriotic or political considerations. Rather, the sale of these items was, to Ruby, just another commercial venture, but he might also have considered these sales “a good thing.”[A16-174] Numerous friends reported that Ruby had no interest in political affairs during this period,[A16-175] although he greatly admired President Roosevelt.[A16-176]

Other activities.--The evidence indicates that Ruby led a normal social life during these years. Virginia Belasco stated that while Ruby was selling punchboards in New York during November 1941, he entertained her each weekend.[A16-177] Other reports indicate that Ruby fancied himself a “ladies’ man,” enjoyed dancing, almost always had female accompaniment and was “very gentlemanly” with women.[A16-178]

Ruby, with several friends, frequently attempted to disrupt rallies of the German-American Bund.[A16-179] One acquaintance reported that Ruby was responsible for “cracking a few heads” of Bund members.[A16-180] Apparently he joined in this activity for ethnic rather than political reasons. The young men in the group were not organized adherents of any particular political creed, but were poolhall and tavern companions from Ruby’s Jewish neighborhood who gathered on the spur of the moment to present opposition when they learned that the pro-Nazi and anti-Semitic Bund movement was planning a meeting.[A16-181] Hyman Rubenstein testified that Ruby would fight with any person making derogatory comments about his ethnic origins, and others have stated that Ruby would fight with anyone he suspected of pro-Nazi or anti-Semitic tendencies.[A16-182]

During this period Ruby, though temperamental, apparently engaged in no unusual acts of violence. However, he did interfere on several occasions when he thought someone was treated unfairly. A friend who described Ruby as “somewhat overbearing regarding the rights and feelings of others,” reported that Ruby fought two college students who insulted a Negro piano player.[A16-183] Another friend reported that Ruby had a “bitter” fight with a man who was abusing an older woman.[A16-184]

Maintaining his friendship with Barney Ross, and still an ardent sports fan, Ruby associated with various figures in the boxing world and regularly attended the fights at Marigold Gardens.[A16-185] He frequented the Lawndale Poolroom and Restaurant, a rallying point for the anti-Bundists and chief “hangout” of many of Ruby’s friends.[A16-186] In addition, Ruby, described as a “health nut”[A16-187] who earnestly contended that he could hit harder than Joe Louis,[A16-188] exercised at several athletic clubs.[A16-189]

Despite Ruby’s participation in “shady” financial enterprises, his association with a labor union subsequently disciplined by the AFL-CIO, his participation in violent anti-Bund activities, and his connection with a poolroom, the evidence falls short of demonstrating that Ruby was significantly affiliated with organized crime in Chicago. Virtually all of Ruby’s Chicago friends stated he had no close connection with organized crime.[A16-190] In addition, unreliable as their reports may be, several known Chicago criminals have denied any such liaison.[A16-191] The Commission finds it difficult to attach credence to a newspaper reporter’s contrary statement that his undisclosed “syndicate sources” revealed Ruby was connected with organized crime and confidence games.[A16-192] Ruby was unquestionably familiar, if not friendly, with some Chicago criminals,[A16-193] but there is no evidence that he ever participated in organized criminal activity.

MILITARY ACTIVITIES (1943-46)

In September 1941, Jack Ruby was apparently classified 1-A[A16-194] and declared eligible for the draft. Subsequently he appeared before a local board and was reclassified 1-H or 3-A.[A16-195] Between August 31, 1941, and November 19, 1942, when it was abolished, the 1-H classification applied to registrants who had reached their 28th birthday and were, therefore, no longer liable for service.[A16-196] The 3-A deferment applies to persons whose entry into military service presents financial hardship to dependents. Because of the length of time involved and the destruction of local draft board records, Ruby’s precise status or the reason for his deferment could not be ascertained.[A16-197] According to one somewhat unreliable report, Ruby, immediately prior to his physical examination, feigned a hearing disability and occasionally wore a hearing aid.[A16-198] Hyman Rubenstein, who testified that Jack was deferred because of economic hardship since he was “the only one home,” specifically denied the truthfulness of this allegation.[A16-199] Early in 1943, Ruby was again classified 1-A, and, following an unsuccessful appearance before his appeal board, he was inducted into the U.S. Army Air Forces on May 21, 1943.[A16-200] Jack was the last of the Rubenstein brothers to enter the service. Previously, Earl had enlisted in the Navy, Sam was in Army Air Force Intelligence and Hyman was in the field artillery.[A16-201]

Except for 5 weeks in Farmingdale, N.Y., Ruby spent his military days at various airbases in the South.[A16-202] He received the basic training given all recruits and advanced training as an aircraft mechanic.[A16-203] On August 2, 1943, he passed marksmanship tests with the .30 caliber carbine and the .45 caliber submachinegun, but failed with the .30 caliber rifle. On February 10, 1944, he earned a sharpshooter’s rating for his firing of an M1 .30 caliber carbine. His character and efficiency ratings, when determined, were excellent.[A16-204] After attaining the rank of private first class and receiving the good conduct medal, Ruby was honorably discharged on February 21, 1946.[A16-205]

Two persons who recalled Ruby while he was in the Army Air Forces asserted that he was extremely sensitive to insulting remarks about Jews.[A16-206] When, during an argument, a sergeant called Ruby a “Jew bastard,” Ruby reportedly attacked him and beat him with his fists.[A16-207]

There is conflicting evidence about the zeal with which Ruby performed his military duties. One associate indicated that Ruby, who at 34 was the oldest in his group, always worked harder than the others to prove that he could keep up with them.[A16-208] Another recalled, by contrast, that Ruby had “no liking for work” and carefully avoided situations requiring him to dirty his hands.[A16-209] However, there is no basis in the record for the inference that Ruby was in any way anti-American.

Ruby frequently expressed to some fellow soldiers his high regard for Franklin Delano Roosevelt.[A16-210] Two independent sources reported that he cried openly when informed of Roosevelt’s death in April 1945.[A16-211] This did not indicate any sudden political interest, however, since none of his known military associates reported such an interest, and Ruby’s admiration for President Roosevelt anteceded his military days.[A16-212]

While in service, Ruby is reported to have continued his promotional ventures. One person recalled that in 1944, Jack received punchboards and chocolates from someone in Chicago and peddled these items through the base to make extra money. This person also indicated that Ruby enjoyed card and dice games in or near the barracks.[A16-213]

POSTWAR CHICAGO (1946-47)

Following his discharge from the Army Air Forces in February 1946, Jack Ruby returned to Chicago. He joined his three brothers, who had previously been discharged from the service,[A16-214] in the Earl Products Co. Earl Ruby testified that he was the sole investor in the enterprise, but each brother received an equal ownership interest on his return from the service.[A16-215] The company manufactured and sold small cedar chests and distributed punchboards.[A16-216] In addition, it made aluminum salt and pepper shakers, key chains, bottle openers, screwdrivers, and small hammers.[A16-217] Sam supervised the manufacturing end of the business, while Earl managed the office and advertising.[A16-218] Jack was in charge of sales, but the company was small and he had no subordinates.[A16-219]

Because insufficient profits led to frequent arguments, Hyman soon left Earl Products.[A16-220] Jack, who stayed with the company through most of 1947, had many disputes with his brothers because he insisted on selling the products of other companies, such as costume jewelry, and he did not like traveling outside the Chicago area. Earl and Sam finally purchased Jack’s interest, paying him more than $14,000 in cash.[A16-221]

Although there is some evidence to the contrary,[A16-222] it is unlikely that Ruby was in the nightclub business in Chicago during the postwar period. Many who have reported this may have mistaken him for Harry Rubenstein,[A16-223] who was convicted of manslaughter and operated several such establishments.[A16-224] None of Jack Ruby’s close friends or relatives indicated that he was in the nightclub business.

Following his return from the Army, Ruby was described as ready to fight with any person who insulted Jews or the military.[A16-225] Earl Ruby testified that on one occasion in 1946, Jack returned from downtown Chicago with his suit covered with blood. He explained at that time that he had fought with a person who had called him a “dirty Jew or something like that.”[A16-226]

Other evidence indicates that Ruby’s personality was not substantially changed by his military experience. One person who met him in 1947, reported that Ruby was a “fashionable” dresser.[A16-227] He continued to be described as soft spoken,[A16-228] although he was also known as hot-tempered.[A16-229] Ruby worked out regularly at an athletic club,[A16-230] and one friend regarded him as a “Romeo,” who was quite successful in attracting young women.[A16-231]

DALLAS (1947-63)

The Move to Dallas

During World War II, Ruby’s sister, Eva Grant, visited Dallas.[A16-232] Having operated a restaurant on the west coast and considering it a lucrative business, she arranged, near the end of 1945, to lease a building under construction in Dallas, which she ran as a nightclub.[A16-233] Part of the financing for this establishment, the Singapore Supper Club, was provided by her brothers. Jack Ruby, who apparently obtained the money from Earl Products, sent $1,100 as a downpayment on the lease, Earl contributed about $1,500, and Hyman paid for more than $2,000 worth of equipment.[A16-234]

Before she opened the Singapore in 1947, Eva Grant engaged in the sale of metal products.[A16-235] In that year she met Paul Roland Jones, who allegedly was seeking customers for iron pipe and whom she referred to Hyman Rubenstein.[A16-236] Jones had, at about that time, been convicted of attempting to bribe the newly elected sheriff of Dallas.[A16-237] On October 24, 1947, he was arrested for violating Federal narcotics statutes.[A16-238] Jack Ruby had visited Dallas early in 1947 to help Eva Grant manage the Singapore,[A16-239] and 5 days after Jones’ arrest, Jack and Hyman Rubenstein were interrogated in Chicago by agents of the Bureau of Narcotics.[A16-240] The brothers admitted knowing Jones but denied awareness of his connection with narcotics. During the 2 years in which Jones was appealing his conviction he and other criminals frequented the Singapore Club, then operated by Jack Ruby.[A16-241]

Intensive investigation to determine whether Jack Ruby was criminally or otherwise connected with Jones’ narcotics violation leads the Commission to conclude Ruby probably was not involved.[A16-242] A search of the files of the Bureau of Narcotics disclosed no record that either Hyman or Jack had been prosecuted by Federal authorities in 1947.[A16-243] Jack, Hyman, and Eva denied participating in any narcotics activities. Jones and his coconspirators also denied that Jack was a participant.[A16-244] One of Jones’ confederates reported after the shooting of Oswald that although Jones “propositioned” the two brothers concerning narcotics, they refused to participate.[A16-245] Moreover, when one of the conspirators was arrested with 48 pounds of raw opium in his possession, he implicated Jones and another person, both of whom were convicted, but he did not implicate Jack Ruby or his brother.[A16-246]

Late in 1947, Ruby established permanent residence in Dallas.[A16-247] Shortly after shooting Oswald, Ruby stated that he returned to Dallas at Eva Grant’s request, to help her operate the Singapore Supper Club.[A16-248] However, on December 21, 1963, he reported that although association with his sister had been the purpose of his initial visit to Dallas, he returned there because of the failure of his “merchandising deals” in Chicago.[A16-249] These factors, in conjunction with his separation from Earl Products,[A16-250] probably motivated Ruby’s move to Dallas.

A different reason has been given by Steve Guthrie, former sheriff of Dallas. Guthrie reported that shortly after his election as sheriff in July 1946, Paul Roland Jones, representing other Chicago criminals, offered him a substantial amount of money to permit them to move in and manage illegal activities in Dallas. Although he never met Ruby, Guthrie asserted that these criminals frequently mentioned that Ruby would operate a “fabulous” restaurant as a front for gambling activities.[A16-251]

Despite its source, the Commission finds it difficult to accept this report. A member of the Dallas Police Department, Lt. George E. Butler, who was present during virtually all the conversations between Guthrie and Jones and who performed considerable investigative work on the case, stated that Ruby was not involved in the bribery attempt and that he had not heard of Ruby until the investigation and trial of Jones had been completed. He explained that Ruby’s connection with the case stemmed from the fact that, as mentioned previously, Jones and other criminals frequented the Singapore Supper Club.[A16-252] And 22 recordings of the conversations between Guthrie, Butler, and Jones not only fail to mention Ruby, but indicate that Jones was to bring from outside the Dallas area only one confederate, who was not to be Jewish.[A16-253]

The Change of Name

Sometime in 1947, Jack Ruby’s brothers Earl and Sam, pursuant to a joint understanding, legally changed their names from Rubenstein to Ruby.[A16-254] Earl testified that he changed his name because everyone called him Ruby and because a former employer advised him that it was preferable not to use a “Jewish name” on mail orders for Earl Products.[A16-255]

On December 30, 1947, Jack changed his name to Jack L. Ruby by securing a decree from the 68th Judicial District Court of Dallas. His petition alleged that he sought the change because the name Rubenstein was misunderstood and too long and because he was “well known” as Jack L. Ruby.[A16-256] The Bureau of Narcotics report of his relationship with Paul Roland Jones indicates that as of October 29, 1947, Jack was known as Ruby;[A16-257] however, several persons in Dallas knew him as Rubenstein.[A16-258]

Nightclub Operations

Except for a brief period in about 1953, when Ruby managed the Ervay Theater, a motion picture house,[A16-259] the operation of nightclubs and dancehalls was his primary source of income, and his basic interest in life during the 16 years he spent in Dallas prior to shooting Lee Oswald. When Ruby first arrived in Dallas in 1947, he and Eva Grant jointly managed the Singapore Supper Club.[A16-260] Shortly thereafter, she returned to the west coast. Except for sporadic trips to Dallas, she remained there until 1959, leaving Ruby a power of attorney.[A16-261] Ruby, who had received $14,000 from the sale of his interest in Earl Products,[A16-262] invested a substantial amount in the club, which Mrs. Grant described as “too nice a club for that part of town.”[A16-263] Ruby changed the Singapore’s name to the Silver Spur Club. It was operated primarily as a dancehall, serving beer to its patrons.[A16-264] In about 1952, Ruby borrowed $3,700 from a friend, Ralph Paul, to purchase the Bob Wills Ranch House[A16-265] with Martin Gimpel, a former associate in the Spartan Novelty Co.[A16-266] The Ranch House was run as a western-type nightclub.[A16-267]

With two establishments to run, Ruby experienced substantial financial reversals in 1952. He abandoned his interest in the Ranch House and, on July 1, 1952, transferred the Silver Spur to Gimpel and Willie Epstein, who assumed some of its debts.[A16-268] Disappointed by these setbacks, Ruby stated that he had a “mental breakdown,” and “hibernated” in the Cotton Bowl Hotel in Dallas for 3 or 4 months, declining to see his friends.[A16-269] Still depressed, he then returned to Chicago, apparently intending to remain there permanently.[A16-270] However, he stayed only 6 weeks. Gimpel and Epstein were anxious to be rid of the Silver Spur and Ruby once again became its owner.[A16-271]

In 1953, Ruby obtained an interest in the Vegas Club, which he operated with Joe Bonds until September 1953.[A16-272] At that time he informed Irving Alkana, who had retained a prior ownership interest, that he was unable to meet his obligations with respect to the club. Alkana then assumed management of the Vegas until June 19, 1954, when, following numerous disagreements with him, he sold Ruby his interest.[A16-273]

Ruby still owned the Vegas Club at the time of his arrest on November 24, 1963. However, when Eva Grant returned from San Francisco in 1959, she assumed management of the club, receiving a salary but no ownership interest.[A16-274] The Vegas, which occasionally featured striptease acts,[A16-275] employed a dance band and served beer, wine, soft drinks, and some prepared foods.[A16-276]

In 1954, Ruby’s Vegas associate, Joe Bonds, was convicted of sodomy and sent to a Texas penitentiary to serve an 8-year sentence.[A16-277] In 1955, Ruby sold the Silver Spur to Roscoe “Rocky” Robinson; however, Robinson could not obtain a license to operate the club and it was subsequently closed.[A16-278] For a few months during this period, Ruby also operated Hernando’s Hideaway, but this venture proved unsuccessful.[A16-279]

Sam Ruby testified that shortly after he sold his interest in Earl Products in mid-1955 and moved to Dallas, he loaned Jack $5,500 to enable him to pay Federal excise taxes on the Vegas. As security for the loan, Sam required Jack to execute a bill of sale of the Vegas. Upon Jack’s default in payment, Sam instituted suit, claiming that he owned the Vegas and that Jack had breached his promise to repurchase it. The case was ultimately settled, with Jack retaining his ownership interest in the club.[A16-280]

In late 1959, Jack Ruby became a partner of Joe Slatin in establishing the Sovereign Club, a private club that was apparently permitted by Texas law to sell liquor to members.[A16-281] Since Slatin was troubled about Dallas news stories describing police raids on a private club that permitted gambling, he felt he needed more capital.[A16-282] Ruby invested about $6,000 which he borrowed from his brother Earl and perhaps some of his own money.[A16-283]

The Sovereign was described as a “plush” and exclusive club, and Ruby was apparently very anxious to attract a wealthy “carriage” trade.[A16-284] The venture was not successful, however. The two men could not work together, and Slatin withdrew in early 1960.[A16-285] Ruby turned for new capital to Ralph Paul,[A16-286] who had operated a Dallas club with Joe Bonds.[A16-287] Ruby still owed Paul $1,200 of the $3,700 loan made in connection with the Bob Wills Ranch House, but Paul advanced him another $2,200, which allowed him to pay the Sovereign’s rent for 4 months. Subsequently, Ruby spontaneously gave Paul a stock certificate representing 50 percent of the equity of the corporation owning the club. Ruby told Paul that if the venture failed, the Sovereign’s fixtures and other physical property would belong to Paul.[A16-288]

Experiencing difficulty in recruiting sufficient members, Ruby soon found himself again unable to pay the Sovereign’s monthly rent of $550. Again he turned to Paul, who loaned him $1,650 on the condition that he change the club’s method of operation. Paul insisted that Ruby discontinue club memberships, even though this would prevent the sale of liquor, and offer striptease shows as a substitute attraction. Ruby agreed, and the Sovereign’s name was changed to the Carousel Club.[A16-289] It became one of three downtown Dallas burlesque clubs[A16-290] and served champagne, beer, “setups” and pizza, its only food.[A16-291] The Carousel generally employed four strippers, a master of ceremonies, an assistant manager, a band, three or four waitresses, and a porter or handyman.[A16-292] Net receipts averaged about $5,000 per month,[A16-293] most of which was allocated to the club’s payroll.[A16-294] Late in 1963, Ruby began to distribute “permanent passes” to the Carousel;[A16-295] however, the cards were apparently designed solely for publicity and did not affect the club’s legal status.

Employee Relationships

Ruby’s employees displayed a wide range of personal reactions to him. Those associated with Ruby long enough to grow accustomed to his violent temper and constant threats of discharge generally portray him sympathetically.[A16-296] They reported he was genuinely interested in their welfare and happiness. In addition, many former employees stated that he was a pleasant or unobjectionable employer.[A16-297]

There is also considerable evidence that Ruby tended to dominate his employees, frequently resorted to violence in dealing with them, publicly embarrassed them,[A16-298] sometimes attempted to cheat them of their pay,[A16-299] and delayed paying their salaries.[A16-300] Other employees reported Ruby continually harassed his help,[A16-301] and used obscene language in their presence.[A16-302] However he frequently apologized, sought to atone for his many temper tantrums,[A16-303] and completely forgot others.[A16-304]

One of the many violent incidents that were reported took place in 1950, when Ruby struck an employee over the head with a blackjack.[A16-305] In 1951, after his guitarist, Willis Dickerson, told Ruby to “go to hell,” Ruby knocked Dickerson to the ground, then pinned him to a wall and kicked him in the groin. During the scuffle, Dickerson bit Ruby’s finger so badly that the top half of Ruby’s left index finger was amputated.[A16-306] In approximately 1955, Ruby beat one of his musicians with brass knuckles; the musician’s mouth required numerous stitches.[A16-307]

During 1960, Ruby and two entertainers, Breck Wall and Joe Peterson, entered into an agreement that the performers would produce and star in a revue at the Sovereign in exchange for a 50-percent interest in the club.[A16-308] After performing for 2 months, the entertainers complained that they had received neither a share of the profits nor evidence of their proprietary interest. Ruby responded by hitting Peterson in the mouth, knocking out a tooth. The two men left the Sovereign’s employ, but they subsequently accepted Ruby’s apology and resumed their friendship with him.[A16-309]

In September 1962, Frank Ferraro, the Carousel’s handyman, became involved in a dispute at a nearby bar. Ruby told him not to get into a fight, and Ferraro told Ruby to mind his own business. Ruby then followed Ferraro to another club and beat him severely. Ferraro required emergency hospital treatment for his eye, but he decided not to press charges since Ruby paid for his hospital care.[A16-310] In March 1963, during an argument about wages, Ruby threatened to throw a cigarette girl down the stairs of the Carousel.[A16-311]

Ruby’s relationship with his employees commanded much of his attention during the months preceding the assassination. The Carousel’s comparatively high turnover rate[A16-312] and Ruby’s intense desire to succeed[A16-313] required him to meet numerous prospective employees, patrons, and other persons who might help improve his business.

Ruby frequently encountered difficulties with the American Guild of Variety Artists (AGVA), the union which represented Carousel entertainers.[A16-314] For several years, starting in about 1961, he unsuccessfully sought modification of AGVA’s policy permitting “amateur” strippers,[A16-315] inexperienced girls paid less than union-scale wages,[A16-316] to perform at union houses. Ruby apparently believed his two competitors, the Weinstein brothers, were scheduling amateur shows in a manner calculated to destroy his business.[A16-317] Ruby’s discontent with AGVA grew particularly acute during the late summer and early fall of 1963 when, in addition to meeting with AGVA officials,[A16-318] he called upon several acquaintances, including known criminals, who, he thought, could influence AGVA on his behalf.[A16-319] Other problems with AGVA arose because of his policy of continuous shows, which did not give masters of ceremonies enough time off,[A16-320] and his alleged use of AGVA members to mingle with patrons to promote the consumption of liquor.[A16-321]

In June 1963, Ruby visited New Orleans, where he obtained the services of a stripper known as “Jada,”[A16-322] who became his featured performer.[A16-323] Jada and Ruby had numerous contract disputes and he was concerned about her high salary, recurrent absenteeism, and diminishing drawing power.[A16-324] Moreover, he thought that Jada had deliberately exceeded even the Carousel’s liberal standards of decency in order to cause him to lose his license or to obtain publicity for herself.[A16-325] On several occasions Ruby excitedly turned off the spotlights during her act, and at the end of October 1963, he fired her.[A16-326] However, after Jada sued out a peace bond, she apparently recovered a week’s salary from Ruby.[A16-327]

In addition to problems with its star stripper, the Carousel was required to employ three masters of ceremonies in rapid succession following the departure in about September 1963, of Wally Weston, who worked there about 15 months.[A16-328] And in early November, the band that had played at the Vegas Club for about 8 years left the Vegas to accept the offer of another Dallas club.[A16-329]

Financial Data and Tax Problems

Jack Ruby’s pockets and the trunk of his car served as his bank. With a few exceptions, Ruby and his clubs rarely employed bank accounts.[A16-330] Instead, Ruby carried his cash with him, paying the bulk of his expenses and debts directly out of club receipts.[A16-331]

During the latter half of 1963, the Carousel, the Vegas, and Ruby each maintained checking accounts at the Merchants State Bank in Dallas. Balances of the latter two accounts never exceeded $275. In July 1963, the Carousel’s account had more than $500; after August 8, its maximum balance was less than $300. Between May 31 and November 24, 1963, 53 checks were drawn on the three accounts; with the exception of one check for $129.47, all were for less than $100.[A16-332] He generally purchased cashier’s checks at the Merchants State Bank to pay his monthly rental of $550 for the Carousel and $500 for the Vegas.[A16-333] He also purchased cashier’s checks during the 3 months prior to the assassination to pay about $1,500 to the Texas State treasurer, $110 to Temple Shearith Israel, apparently for Jewish high holy day tickets, and $60 to the American Society of Authors and Publishers.[A16-334]

Records of the more than 50 banking institutions checked during the investigation of Ruby’s financial affairs[A16-335] revealed that he had three other dormant accounts, all with small balances.[A16-336] Two safety deposit boxes belonging to Ruby, opened by Texas officials pursuant to search warrants, were empty and unused for more than a year prior to the assassination.[A16-337] Although Ruby negotiated several loans at the Merchants State Bank,[A16-338] there is no evidence that he was the maker or co-maker of other loans,[A16-339] and, after investigation, the Dallas Police Department found no record that Ruby cosigned the note of any policeman at any time.[A16-340]

Ruby’s financial records were chaotic. One accountant abandoned efforts to prepare income tax returns and other financial statements because of the hopeless disarray of Ruby’s data.[A16-341] The record indicates that Ruby was frequently weeks, if not months, late in filing Federal tax forms and that he held numerous conferences with Internal Revenue agents who attempted to obtain the delinquent statements.[A16-342]

Ruby encountered serious difficulties with respect to State franchise and Federal excise and income taxes. The Texas charter of the corporation controlling the Sovereign and Carousel clubs was canceled in 1961, because Ruby failed to pay Texas franchise taxes.[A16-343] And, only after numerous conferences, did Ruby and representatives of the Internal Revenue Service reach agreements on installment payments of various Federal tax liabilities, to which Ruby more or less adhered.[A16-344]

Ruby’s primary difficulty concerned Federal excise taxes. Advised by an attorney that the Vegas Club, a dance hall providing food, was not subject to Federal excise taxes because it was not a “cabaret,” Ruby charged Vegas patrons on the assumption that no excise taxes were due. However, his attorney reported, when Federal courts ruled that dance halls providing “incidental” food were subject to excise taxes as “cabarets,”[A16-345] Ruby became liable to the Federal Government for more than 6 years of taxes, amounting, with interest, to almost exactly $40,000.[A16-346]

Ruby also fell behind on his personal income tax payments. At the time of his arrest he owed more than $4,400 for 1959 and 1960.[A16-347] Remittances accompanied his 1961 and 1962 tax forms, the latter received by the office of the Dallas District Director on September 18, 1963.[A16-348] The following table summarizes amounts which Ruby reported as gross and net income from the Vegas Club from 1956 to 1962; and the taxes due:[A16-349]

Year Gross income Net income Tax 1962 $41,462.77 $5,619.65 [F]$1,217.75 1961 40,411.00 6,255.29 [F] 1,200.00 1960 44,482.41 9,703.90 2,221.39 1959 50,981.95 14,060.86 3,778.17 1958 37,755.65 3,274.64 586.52 1957 33,671.60 2,619.52 438.41 1956 30,695.27 7,437.01 1,527.10

[F] Estimated

On his income tax forms, Ruby did not itemize personal deductions and claimed only his own exemption. For 1962, Ruby reported salary income of $650 from the corporation controlling the Carousel, and $900 for 1961.[A16-350]

Ruby and officers of the Internal Revenue Service frequently discussed methods of satisfying his large excise and income tax liability.[A16-351] In 1960, the Government filed tax liens for more than $20,000.[A16-352] In November 1962, the Government rejected Ruby’s offer to pay $8,000 to compromise the assessed taxes of more than $20,000 because he had not filed returns for other Federal taxes and had not paid these taxes as they became due. These other taxes, for the period September 1959 through June 1962, amounted to an additional $20,000.[A16-353] In June 1963, Ruby submitted an offer of $3,000 to compromise all past assessments; the offer was not acted upon prior to November 24, 1963.[A16-354]

Other Business Ventures

In addition to nightclub management and ownership, Ruby participated in numerous other commercial ventures. He was able to do so primarily because work at the clubs consumed few of his daytime hours. Many of Ruby’s ventures related to show business, others were somewhat speculative promotions; almost all ended unsuccessfully.

While operating the Silver Spur Club, Ruby sold costume jewelry at discount rates,[A16-355] and, in about 1951, he sold sewing machine attachments at the Texas State Fair.[A16-356] Approximately a year later, he managed a talented young Negro boy, “Little Daddy” Nelson. The boy appeared at the Silver Spur, the Vegas Club, and the Bob Wills Ranch House. In about 1953 or 1954, Ruby took “Little Daddy” and his parents to Chicago to obtain a television appearance for him. However, shortly after their arrival, Ruby was confronted by a second woman claiming to be “Little Daddy’s” mother. Upon advice of counsel, Ruby decided to abandon the venture.[A16-357]

In 1954, Ruby became interested in the sale of pizza crusts to Dallas restaurants.[A16-358] He is also reported to have sold an arthritic preparation[A16-359] and to have manufactured and sold “Miniron,” a liquid vitamin formula.[A16-360] In about 1958 or 1959, Ruby attempted to build and sell log cabins at a Texas lake resort.[A16-361] In early 1959, he investigated the possibility of selling jeeps to Cuba.[A16-362] He is also reported to have furnished entertainment for a Dallas hotel,[A16-363] to have promoted records for musicians[A16-364] and to have sold English stainless steel razor blades.[A16-365]

In October 1963 Ruby assisted the producers of a carnival show, “How Hollywood Makes Movies,” appearing at the Texas State Fair.[A16-366] At about this time Ruby also sought to open a new club in Dallas. He conferred with numerous persons and placed advertisements in Dallas newspapers in an attempt to obtain financial backing.[A16-367] Assuming that he would be occupied by the new club, Ruby offered his oldest brother, Hyman, a managerial post at the Carousel. However, Hyman, who had recently lost his sales territory, declined the offer because he felt he was too old for the nightclub business.[A16-368]

Ruby unsuccessfully attempted to sell “twistboards,” an exercising device consisting of two square fiberboards separated by ball bearings. Despite the contrary advice of his brother Earl,[A16-369] Jack ordered several dozen twistboards and had 2,000 promotional flyers published.[A16-370] He had one of his strippers demonstrate the twistboards at the Texas Products Show during the first week of November 1963.[A16-371]

Arrests and Violations

Between 1949 and November 24, 1963, Ruby was arrested eight times by the Dallas Police Department. The dates, charges, and dispositions of these arrests are as follows:[A16-372] February 4, 1949, Ruby paid a $10 fine for disturbing the peace. July 26, 1953, Ruby was suspected of carrying a concealed weapon; however, no charges were filed and Ruby was released on the same day. May 1, 1954, Ruby was arrested for allegedly carrying a concealed weapon and violating a peace bond; again no charges were filed and Ruby was released on the same day. December 5, 1954, Ruby was arrested for allegedly violating State liquor laws by selling liquor after hours; the complaint was dismissed on February 8, 1955.[A16-373] June 21, 1959, Ruby was arrested for allegedly permitting dancing after hours; the complaint was dismissed on July 8, 1959. August 21, 1960, Ruby was again arrested for allegedly permitting dancing after hours; Ruby posted $25 bond and was released on that date. February 12, 1963, Ruby was arrested on a charge of simple assault; he was found not guilty February 27, 1963. Finally, on March 14, 1963, Ruby was arrested for allegedly ignoring traffic summonses: a $35 bond was posted.

When Ruby applied for a beer license in March 1961, he reported that he had been arrested “about four or five times” between 1947 and 1953.[A16-374] Between 1950 and 1963, he received 20 tickets for motor vehicle violations, paying four $10 fines and three of $3.[A16-375] In 1956 and 1959, Ruby was placed on 6 months’ probation as a traffic violator.

Ruby was also frequently suspended by the Texas Liquor Control Board. In August 1949, when he was operating the Silver Spur, he was suspended for 5 days on a charge of “Agents--Moral Turpitude.” In 1953 Ruby received a 5-day suspension because of an obscene show, and, in 1954, a 10-day suspension for allowing a drunkard on his premises.[A16-376] On February 18, 1954, he was suspended for 5 days because of an obscene striptease act at the Silver Spur and for the consumption of alcoholic beverages during prohibited hours.[A16-377] On March 26, 1956, Ruby was suspended by the liquor board for 3 days because several of his checks were dishonored.[A16-378] On October 23, 1961, he received another 3-day suspension because an agent solicited the sale of alcoholic beverages for consumption on licensed premises.[A16-379]

Police Associations

Although the precise nature of his relationship to members of the Dallas Police Department is not susceptible of conclusive evaluation, the evidence indicates that Ruby was keenly interested in policemen and their work.[A16-380] Jesse Curry, chief of the Dallas Police Department, testified that no more than 25 to 50 of Dallas’ almost 1,200 policemen were acquainted with Ruby.[A16-381] However, the reports of present and past members of the Dallas Police Department as well as Ruby’s employees and acquaintances indicate that Ruby’s police friendships were far more widespread than those of the average citizen.[A16-382]

There is no credible evidence that Ruby sought special favors from police officers or attempted to bribe them.[A16-383] Although there is considerable evidence that Ruby gave policemen reduced rates,[A16-384] declined to exact any cover charge from them,[A16-385] and gave them free coffee and soft drinks,[A16-386] this hospitality was not unusual for a Dallas nightclub operator.[A16-387] Ruby’s personal attachment to police officers is demonstrated by reports that he attended the funeral of at least one policeman killed in action and staged a benefit performance for the widow of another.[A16-388] Ruby regarded several officers as personal friends, and others had worked for him.[A16-389] Finally, at least one policeman regularly dated, and eventually married, one of the Carousel’s strippers.[A16-390]

Underworld Ties

From the time that Ruby arrived in Dallas in 1947, he was friendly with numerous underworld figures. One of his earliest Dallas acquaintances was Paul Roland Jones, who was convicted of attempting to bribe the sheriff of Dallas and engaging in the sale of narcotics.[A16-391] Joe Bonds, one of Ruby’s partners in the Vegas Club, had a criminal record.[A16-392]

Ruby, who enjoyed card playing[A16-393] and horse racing,[A16-394] was friendly with several professional gamblers. In 1959, he visited Cuba at the invitation and expense of Lewis McWillie, a professional gambler.[A16-395] Alice Nichols reported that Ruby’s refusal to give up gambling was one reason why she never seriously considered marrying him.[A16-396] When Sidney Seidband, a Dallas gambler, was arrested in Oklahoma City, his list of gambling acquaintances included Jack Ruby.[A16-397] And other friends of Ruby have been identified as gamblers.[A16-398] Finally, two persons of questionable reliability have reported that Ruby’s consent was necessary before gambling or narcotics operations could be launched in Dallas.[A16-399]

Based on its evaluation of the record, however, the Commission believes that the evidence does not establish a significant link between Ruby and organized crime. Both State and Federal officials have indicated that Ruby was not affiliated with organized criminal activity.[A16-400] And numerous persons have reported that Ruby was not connected with such activity.[A16-401]

Travels

Despite reports that Ruby visited Havana, Las Vegas, New York, Chicago, Honolulu, and Mexican border towns, most of his time subsequent to 1947 was spent in Dallas. Some of his travels, including his efforts in behalf of “Little Daddy” Nelson and his visit to New Orleans in June 1963 have been discussed.[A16-402] Ruby stated that he went to Chicago in 1952, in 1958 when his father died, and in August 1963 when he met members of his family at O’Hare International Airport while en route from New York to Dallas.[A16-403] His August trip to New York motivated by his difficulties with the American Guild of Variety Artists and his desire to obtain talent, has been completely established by hotel records.[A16-404] Early in 1963 Ruby also traveled to Wichita, Kans., because of his interest in stripper Gail Raven,[A16-405] and on May 25, 1963, he apparently registered in an Oklahoma motel.[A16-406]

Although Ruby denies being in Las Vegas after 1937,[A16-407] there are unsupported rumors that he was in that city in late 1962,[A16-408] and the early part of November 1963.[A16-409] Reports that he was in Las Vegas during the weekend prior to the assassination[A16-410] appear similarly unfounded.[A16-411]

There is some uncertainty about Ruby’s trip to Havana, Cuba, in 1959. The evidence indicates that he accepted an invitation from gambler Lewis J. McWillie, who subsequently became a violent anti-Castroite, to visit Havana at McWillie’s expense.[A16-412] Ruby apparently met McWillie in about 1950, when McWillie operated a Dallas nightclub.[A16-413] McWillie, whom Ruby said he idolized,[A16-414] supervised gambling activities at Havana’s Tropicana Hotel in 1959 and later was employed in a managerial capacity in a Las Vegas gambling establishment.[A16-415] Ruby testified that he went to Havana for 8 days in August 1959 and left because he was not interested in its gambling activities.[A16-416] McWillie corroborated this story except that he stated only that Ruby visited Havana “sometime in 1959.”[A16-417] Three Chicagoans reported seeing Ruby in Havana during the Labor Day weekend in 1959.[A16-418] Meyer Panitz, an acquaintance of McWillie, reported that when he met Ruby in Miami during the “summer of 1959” Ruby stated that he was returning from a pleasure trip to Cuba.[A16-419] The theory that the trip to Havana had conspiratorial implications is discussed in chapter VI. There is no reliable evidence that Ruby went to Havana subsequent to September 1959.[A16-420]

Although Ruby denied ever being in Hawaii,[A16-421] there is some evidence that during the summer of 1961 he was in Honolulu seeking dancing talent.[A16-422] While it is unlikely that Ruby would forget a trip to Honolulu in 1961, there is no other indication that such a trip, if it occurred, had any sinister motives.

CHARACTER AND INTERESTS

Family Relationships

As mentioned previously,[A16-423] Eva Grant was the only member of the family living in Dallas when Ruby returned to that city in late 1947. In 1948, she returned to the west coast, visiting Dallas sporadically until 1959, when she assumed management of the Vegas.[A16-424] Despite their recurring arguments, during which they sometimes came to blows,[A16-425] Ruby was closer to Eva than any of his brothers or sisters. In the summer of 1963, Eva complained bitterly to Ruby because he gave a friend about $800 instead of paying Vegas Club bills. Eva, citing her poor health, stated that she should be hospitalized. Ruby rejoined that he had provided her money to enter a hospital. He then shoved her, causing her to fall back about 8 feet and hurt her arm and shoulder. At this point Ruby insisted he wanted her to leave the Vegas Club.[A16-426]

Ruby frequently told Eva to submit to an operation and in early November 1963 she consented. She was hospitalized for a week, leaving about November 13.[A16-427] While she was in the hospital, Jack called Earl and Sam, requesting them to convey their concern to Eva.[A16-428] According to Eva, Jack visited her at the hospital two or three times a day. He kept in constant touch with her throughout the weekend of November 22.[A16-429]

Sam Ruby moved to Dallas from Chicago in July 1955, after selling his interest in the Earl Products Co.[A16-430] His son’s asthma and Eva’s suggestion that he work as a builder in Dallas prompted the move.[A16-431] Apparently as a result of difficulties in collecting the $5,500 Sam loaned Jack in 1955 to pay Federal excise taxes,[A16-432] Jack and Sam were never particularly close to each other. However, Sam entered into a partnership in an unsuccessful ice cream business with Jack’s close friend, Ralph Paul.[A16-433] Jack visited Sam and his family occasionally, especially on Jewish holidays, and from time to time they spoke to each other by telephone.[A16-434]

Jack had sporadic contacts with his brother Earl, who remained in Chicago until about 1960, when he moved to Detroit.[A16-435] The most successful of the brothers, Earl often gave Jack business advice and capital.[A16-436] He estimated, perhaps conservatively, that, when arrested, Jack owed him $15,000.[A16-437] The evidence also indicates that Jack borrowed at least $1,000, and probably more, from his sister Marion in Chicago.[A16-438]

Social Relationships

There have been statements that Ruby was a homosexual. The available evidence does not support the allegation. There is no evidence of homosexuality on his part; Ruby did not frequent known gathering places for homosexuals,[A16-439] many of the reports were inherently suspect or based upon questionable or inaccurate premises,[A16-440] and Ruby and most of his associates and employees denied the charge.[A16-441] All the allegations were based on hearsay or derive from Ruby’s lisp or a “feeling” that Ruby was a “sissy,” seemed “weird,” acted effeminately, and sometimes spoke in a high-pitched voice when angry.[A16-442] Some proceeded upon the erroneous theory that Ruby did not date women.[A16-443]

For the better part of 11 years, Ruby dated Mrs. Alice Reaves Nichols, a blonde divorcee, 4 years younger than he. Mrs. Nichols, secretary to a Dallas life insurance company executive,[A16-444] testified that she saw Ruby twice a week between 1948 and 1956, and once a week from then until about 1959.[A16-445] Ruby discussed marriage with Mrs. Nichols,[A16-446] but Mrs. Nichols stated that while dating Ruby she was seeing other men and he was taking out other women.[A16-447] Although there are sharply conflicting reports about whether Ruby dated women who worked for him,[A16-448] the record indicates that Ruby sought and enjoyed feminine company.[A16-449]

Affection for Dogs

Ruby was extremely fond of dogs. Numerous persons stated that he was constantly accompanied by several of the dogs he owned.[A16-450] Testimony at Ruby’s trial in March 1964 indicated that he referred to his dogs as his “children.”[A16-451] He also became extremely incensed when he witnessed the maltreatment of any of his dogs.[A16-452]

Religious Interests

Reared in the Jewish faith, Jack Ruby was not especially devout. Rabbi Hillel Silverman, whose conservative temple Ruby favored, reported that when Ruby’s father died in 1958, Ruby came to services twice daily for the prescribed period of 11 months to recite the traditional memorial prayer.[A16-453] Ruby normally attended services only on the Jewish high holy days and he was quite unfamiliar with the Hebrew language.[A16-454]

Ruby was apparently somewhat sensitive to his identity as a Jew. He forbade his comedians to tell stories directed at Jews or Jewish practices[A16-455] and, on several occasions after 1947, he fought with persons making derogatory remarks about his ethnic origins.[A16-456] The evidence also indicates that he was deeply upset that an advertisement insulting President Kennedy appeared above a Jewish-sounding name.[A16-457]

Physical Activities and Violence

While in Dallas, Ruby continued attempts to keep in excellent physical condition. He frequently exercised at the YMCA, the Carousel, and his apartment, where he maintained a set of weights.[A16-458] Ruby was extremely concerned about his weight and health, including his baldness,[A16-459] and about his appearance in general.[A16-460]

Ruby’s concern for his physical well-being was partially motivated by practical considerations, for he was his own unofficial club bouncer. On about 15 occasions since 1950, he beat with his fists, pistol whipped, or blackjacked patrons who became unruly.[A16-461] At other times, he ejected troublesome customers without a beating,[A16-462] in many instances, justifiably.[A16-463] However, many people stated that he employed more force than necessary, particularly because he often ended a fracas by throwing his victim down the stairs of the Carousel.[A16-464]

Besides acting as a bouncer, Ruby on numerous other occasions severely beat people who were not club patrons, usually employing only his fists. Several of these episodes have been discussed in connection with Ruby’s relationship with his employees.[A16-465] In 1951, Ruby attacked a man who had called him a “kike Jew” and knocked out a tooth.[A16-466] At about that time Ruby is also reported to have knocked a man down from behind and then to have kicked him in the face.[A16-467] In about 1958, Ruby disarmed a man who had drawn a gun on him at the Vegas, beat him almost to death, put the gun back in the man’s pocket, and threw him down the stairs.[A16-468] In 1958, Ruby reportedly knocked down a man at the Vegas who was 6’3” tall and weighed 230 pounds. Ruby was approximately 5’9” tall and weighed about 175 pounds.[A16-469] Ruby then made the man, who had slapped his date, crawl out of the club.[A16-470] In a fight at the Vegas, reportedly witnessed by policemen, Ruby severely beat a heavyweight boxer who had threatened him.[A16-471]

During 1962, several violent episodes occurred. Ruby beat a man who refused to pay admission or leave and then shoved him down the stairs.[A16-472] He “jostled” a woman down the stairs of the Carousel and struck her escort, who was “much smaller” than he.[A16-473] On one occasion, Ruby picked up a man who was arguing with his date, knocked him to the floor, cursed him, and then removed him from the Vegas.[A16-474] When a cabdriver entered the Carousel and inquired about a patron who had neglected to pay his fare, Ruby struck the cabdriver.[A16-475]

In February 1963, Ruby badly beat Don Tabon, who had made some remarks about Ruby’s lady companion, injuring Tabon’s eye.[A16-476] Ruby was acquitted of a charge of assault and Tabon sought no monetary relief because he believed Ruby financially incapable of satisfying any resulting judgment. A doctor who went to the Carousel several times between August and November 1963, stated that on each occasion Ruby ejected someone from the club.[A16-477]

Buddy Turman, a prizefighter and Ruby’s friend, stated that Ruby “picked his shots.”[A16-478] According to Turman, a bouncer at the Vegas for about a year, Ruby’s victim was frequently drunk, female, or otherwise incapable of successfully resisting Ruby’s attack. The evidence indicates that, unlike his youthful escapades, Ruby was often malicious. He frequently felt contrite, however, when his anger had passed or when his victim was an old acquaintance, and he would seek to make amends for his violent temper.[A16-479]

With two exceptions, there is no evidence that Ruby settled disputes with firearms. Shortly before Joe Bonds’ conviction in 1954, Ruby is reported to have chased Bonds with a pistol.[A16-480] And, Larry Crafard reported that about a week before the assassination, Ruby told him to get Ruby’s gun so that an AGVA official and former employee, Earl Norman, could be ejected.[A16-481] Although Ruby did not often use his gun, it was frequently accessible when he was carrying large amounts of money.[A16-482]

Generosity to Friends and the Need for Recognition

While Ruby often flared up and acted aggressively, he seemed to calm down or forget his anger quickly, and there is also a great deal of evidence that he was extremely generous to his friends. He loaned money to them and apparently cared little whether the loans would be repaid.[A16-483] He was quick to offer employment to persons desperately in need of a job[A16-484] and he lent considerable aid to persons seeking work elsewhere.[A16-485] Moreover, when friends or new acquaintances had no roof over their heads, Ruby’s apartment was frequently theirs to share.[A16-486]

Ruby’s unusual generosity may be explained in part by his extremely emotional reaction to persons in distress, which may have resulted from his firsthand familiarity with poverty, and by his unusual craving to be recognized and relied upon.[A16-487] Many of Ruby’s acquaintances described him as a “publicity hound,” “glad hander,” and “name dropper,” one always seeking to be the center of attention.[A16-488] Apparently the “egocentrism” of his youth[A16-489] never left Ruby. Yet, frequently he sought reassurance from persons he admired.[A16-490]

APPENDIX XVII

Polygraph Examination of Jack Ruby

PRELIMINARY ARRANGEMENTS

As early as December of 1963, Jack Ruby expressed his desire to be examined with a polygraph, truth serum, or any other scientific device which would test his veracity.[A17-1] The attorneys who defended Ruby in the State criminal proceedings in Texas agreed that he should take a polygraph examination to test any conspiratorial connection between Ruby and Oswald.[A17-2] To obtain such a test, Ruby’s defense counsel filed motions in court and also requested that the FBI administer such an examination to Ruby.[A17-3] During the course of a psychiatric examination on May 11, 1964, Ruby is quoted as saying: “I want to tell the truth. I want a polygraph * * *.”[A17-4] In addition, numerous letters were written to the President’s Commission on behalf of Ruby requesting a polygraph examination.[A17-5]

When Ruby testified before the Commission in Dallas County Jail on June 7, 1964, his first words were a request for a lie detector test. The Commission hearing commenced with the following exchanges:

Mr. JACK RUBY. Without a lie detector test on my testimony, my verbal statements to you, how do you know if I am telling the truth?

Mr. TONAHILL [Defense Counsel]. Don’t worry about that, Jack.

Mr. RUBY. Just a minute, gentlemen.

Chief Justice WARREN. You wanted to ask something, did you, Mr. Ruby?

Mr. RUBY. I would like to be able to get a lie detector test or truth serum of what motivated me to do what I did at that particular time, and it seems as you get further into something, even though you know what you did, it operates against you somehow, brain washes you, that you are weak in what you want to tell the truth about and what you want to say which is the truth.

Now Mr. Warren, I don’t know if you got any confidence in the lie detector test and the truth serum, and so on.

Chief Justice WARREN. I can’t tell you just how much confidence I have in it, because it depends so much on who is taking it, and so forth.

But I will say this to you, that if you and your counsel want any kind of test, I will arrange it for you. I would be glad to do that, if you want it. I wouldn’t suggest a lie detector test to testify the truth.

We will treat you just the same as we do any other witness, but if you want such a test, I will arrange for it.

Mr. RUBY. I do want it. Will you agree to that, Joe?

Mr. TONAHILL. I sure do, Jack.[A17-6]

Throughout Ruby’s testimony before the Commission, he repeated his request on numerous occasions that he be given an opportunity to take a lie detector test.[A17-7] Ruby’s insistence on taking a polygraph examination is reflected right to the end of the proceedings where in the very last portion of the transcribed hearings Ruby states:

Mr. RUBY. All I want to do is to tell the truth, and the only way you can know it is by the polygraph, as that is the only way you can know it.

Chief Justice WARREN. That we will do for you.[A17-8]

Following Ruby’s insistence on a polygraph test, the Commission initiated arrangements to have the FBI conduct such an examination.[A17-9] A detailed set of questions was prepared for the polygraph examination, which was set for July 16, 1964.[A17-10] A few days before the scheduled test, the Commission was informed that Ruby’s sister, Eva Grant, and his counsel, Joe H. Tonahill, opposed the polygraph on the ground that psychiatric examinations showed that his mental state was such that the test would be meaningless.[A17-11]

The Commission was advised that Sol Dann, a Detroit attorney representing the Ruby family, had informed the Dallas office of the FBI on July 15, 1964, that a polygraph examination would affect Ruby’s health and would be of questionable value according to Dr. Emanuel Tanay, a Detroit psychiatrist.[A17-12] On that same date, Assistant Counsel Arlen Specter discussed by telephone the polygraph examination with Defense Counsel Joe H. Tonahill, who expressed his personal opinion that a polygraph examination should be administered to Ruby.[A17-13] By letter dated July 15, 1964, Dallas District Attorney Henry Wade requested that the polygraph examination cover the issue of premeditation as well as the defensive theories in the case.[A17-14]

Against this background, it was decided that a representative of the Commission would travel to Dallas to determine whether Jack Ruby wanted to take the polygraph test. Since Ruby had had frequent changes in attorneys and because he was presumed to be sane, the final decision on the examination was his, especially in view of his prior personal insistence on the test.[A17-15] In the jury conference room at the Dallas jail on July 18, Assistant Counsel Arlen Specter, representing the Commission, informed Chief Defense Counsel Clayton Fowler, co-Counsel Tonahill and Assistant District Attorney William F. Alexander that the Commission was not insisting on or even requesting that the test be taken, but was merely fulfilling its commitment to make the examination available.[A17-16] In the event Ruby had changed his mind and would so state for the record, that would conclude the issue as far as the Commission was concerned.[A17-17]

Chief Defense Counsel Fowler had objected to the test. He conferred with Jack Ruby in his cell and then returned stating that Ruby insisted on taking the examination.[A17-18] Mr. Fowler requested that (1) Dr. Tanay, the Detroit psychiatrist, be present; (2) the results of the test not be disclosed other than to the Commission; (3) the questions to be asked not be disclosed to the District Attorney’s office; and (4) the results of the test be made available to defense counsel.[A17-19] Sheriff William Decker announced his intention to have Allan L. Sweatt, his chief criminal deputy who was also a polygraph operator, present to maintain custody of Jack Ruby while the examination was being administered.[A17-20] Assistant District Attorney Alexander requested a list of questions, a copy of the recording made by the polygraph machine and a copy of the report interpreting the test.[A17-21] In response to the numerous requests, the procedure was determined that the questions to be asked of Ruby would be discussed in a preliminary session in the presence of defense counsel, the assistant district attorney and Chief Jailer E. L. Holman, who was to replace Sweatt.[A17-22] The assistant district attorney would not be present when Ruby answered the questions, but Jailer Holman was allowed to remain to retain custody of Ruby.[A17-23] No commitment was made on behalf of the Commission as to what disclosure would be made of the results of the examination.[A17-24] Since Dr. Tanay was not in Dallas and therefore could not be present,[A17-25] arrangements were made to have in attendance Dr. William R. Beavers, a psychiatrist who had previously examined and evaluated Ruby’s mental state.[A17-26]

At the conclusion of the lengthy preliminary proceedings, Ruby entered the jury conference room at 2:23 p.m. and was informed that the Commission was prepared to fulfill its commitment to offer him a polygraph examination, but was not requesting the test.[A17-27] On behalf of the Commission, Assistant Counsel Specter warned Ruby that anything he said could be used against him.[A17-28] Chief Defense Counsel Fowler advised Ruby of his objections to the examination.[A17-29] Ruby then stated that he wanted the polygraph examination conducted and that he wanted the results released to the public as promptly as possible.[A17-30] Special Agent Bell P. Herndon, polygraph operator of the FBI, obtained a written “consent to interview with polygraph” signed by Jack Ruby.[A17-31] Herndon then proceeded to administer the polygraph examination by breaking the questions up into series which were ordinarily nine questions in length and consisted of relevant interrogatories and control questions.[A17-32]

ADMINISTRATION OF THE TEST

During the course of the polygraph examination Jack Ruby answered the relevant questions as follows:

Q. Did you know Oswald before November 22, 1963?

A. No.[A17-33]

Q. Did you assist Oswald in the assassination?

A. No.[A17-34]

Q. Are you now a member of the Communist Party?

A. No.[A17-35]

Q. Have you ever been a member of the Communist Party?

A. No.[A17-36]

Q. Are you now a member of any group that advocates the violent overthrow of the United States Government?

A. No.[A17-37]

Q. Have you ever been a member of any group that advocates violent overthrow of the United States Government?

A. No.[A17-38]

Q. Between the assassination and the shooting, did anybody you know tell you they knew Oswald?

A. No.[A17-39]

Q. Aside from anything you said to George Senator on Sunday morning, did you ever tell anyone else that you intended to shoot Oswald?

A. No.[A17-40]

Q. Did you shoot Oswald in order to silence him?

A. No.[A17-41]

Q. Did you first decide to shoot Oswald on Friday night?

A. No.[A17-42]

Q. Did you first decide to shoot Oswald on Saturday morning?

A. No.[A17-43]

Q. Did you first decide to shoot Oswald on Saturday night?

A. No.[A17-44]

Q. Did you first decide to shoot Oswald on Sunday morning?

A. Yes.[A17-45]

Q. Were you on the sidewalk at the time Lieutenant Pierce’s car stopped on the ramp exit?

A. Yes.[A17-46]

Q. Did you enter the jail by walking through an alleyway?

A. No.[A17-47]

Q. Did you walk past the guard at the time Lieutenant Pierce’s car was parked on the ramp exit?

A. Yes.[A17-48]

Q. Did you talk with any Dallas police officers on Sunday, November 24, prior to the shooting of Oswald?

A. No.[A17-49]

Q. Did you see the armored car before it entered the basement?

A. No.[A17-50]

Q. Did you enter the police department through a door at the rear of the east side of the jail?

A. No.[A17-51]

Q. After talking to Little Lynn did you hear any announcement that Oswald was about to be moved?

A. No.[A17-52]

Q. Before you left your apartment Sunday morning, did anyone tell you the armored car was on the way to the police department?

A. No.[A17-53]

Q. Did you get a Wall Street Journal at the Southwestern Drug Store during the week before the assassination?

A. No.[A17-54]

Q. Do you have any knowledge of a Wall Street Journal addressed to Mr. J. E. Bradshaw?

A. No.[A17-55]

Q. To your knowledge, did any of your friends or did you telephone the FBI in Dallas between 2 or 3 a.m. Sunday morning?

A. No.[A17-56]

Q. Did you or any of your friends to your knowledge telephone the sheriff’s office between 2 or 3 a.m. Sunday morning?

A. No.[A17-57]

Q. Did you go to the Dallas police station at any time on Friday, November 22, 1963, before you went to the synagogue?

A. No.[A17-58]

Q. Did you go to the synagogue that Friday night?

A. Yes.[A17-59]

Q. Did you see Oswald in the Dallas jail on Friday night?

A. Yes.[A17-60]

Q. Did you have a gun with you when you went to the Friday midnight press conference at the jail?

A. No.[A17-61]

Q. Is everything you told the Warren Commission the entire truth?

A. Yes.[A17-62]

Q. Have you ever knowingly attended any meetings of the Communist Party or any other group that advocates violent overthrow of the Government?

A. No.[A17-63]

Q. Is any member of your immediate family or any close friend, a member of the Communist Party?

A. No.[A17-64]

Q. Is any member of your immediate family or any close friend a member of any group that advocates the violent overthrow of the Government?

A. No.[A17-65]

Q. Did any close friend or any member of your immediate family ever attend a meeting of the Communist Party?

A. No.[A17-66]

Q. Did any close friend or any member of your immediate family ever attend a meeting of any group that advocates the violent overthrow of the Government?

A. No.[A17-67]

Q. Did you ever meet Oswald at your post office box?

A. No.[A17-68]

Q. Did you use your post office mailbox to do any business with Mexico or Cuba?

A. No.[A17-69]

Q. Did you do business with Castro-Cuba?

A. No.[A17-70]

Q. Was your trip to Cuba solely for pleasure?

A. Yes.[A17-71]

Q. Have you now told us the truth concerning why you carried $2,200 in cash on you?

A. Yes.[A17-72]

Q. Did any foreign influence cause you to shoot Oswald?

A. No.[A17-73]

Q. Did you shoot Oswald because of any influence of the underworld?

A. No.[A17-74]

Q. Did you shoot Oswald because of a labor union influence?

A. No.[A17-75]

Q. Did any long-distance telephone calls which you made before the assassination of the President have anything to do with the assassination?

A. No.[A17-76]

Q. Did any of your long-distance telephone calls concern the shooting of Oswald?

A. No.[A17-77]

Q. Did you shoot Oswald in order to save Mrs. Kennedy the ordeal of a trial?

A. Yes.[A17-78]

Q. Did you know the Tippit that was killed?

A. No.[A17-79]

Q. Did you tell the truth about relaying the message to Ray Brantley to get McWillie a few guns?

A. Yes.[A17-80]

Q. Did you go to the assembly room on Friday night to get the telephone number of KLIF?

A. Yes.[A17-81]

Q. Did you ever meet with Oswald and Officer Tippit at your club?

A. No.[A17-82]

Q. Were you at the Parkland Hospital at any time on Friday?

A. No.[A17-83]

Q. Did you say anything when you shot Oswald other than what you’ve testified about?

A. No.[A17-84]

Q. Have members of your family been physically harmed because of what you did?

A. No.[A17-85]

Q. Do you think members of your family are now in danger because of what you did?

(No response.)[A17-86]

Q. Is Mr. Fowler in danger because he is defending you?

(No response.)[A17-87]

Q. Did “Blackie” Hanson speak to you just before you shot Oswald?

A. No.[A17-88]

INTERPRETATION OF THE TEST

A polygraph examination is designed to detect physiological responses to stimuli in a carefully controlled interrogation. Such responses may accompany and indicate deception.[A17-89] The polygraph instrument derives its name from the Greek derivative “poly” meaning many and the word “graph” meaning writings.[A17-90] The polygraph chart writings consist of three separate markings placed on a graph reflecting three separate physiological reactions.[A17-91] A rubber tube is placed around the subject’s chest to record his breathing pattern on a pneumograph.[A17-92] That device records the respiratory ratio of inhalation and exhalation strokes.[A17-93] The second component is called a galvanic skin response which consists of electrodes placed on the examinee’s fingers, through which a small amount of electrical current is passed to the skin.[A17-94] The galvanometer records the minute changes in electrical skin response.[A17-95] The third component consists of a cardiograph which is a tracing obtained by attaching a pneumatic cuff around the left arm in a manner very similar to an apparatus which takes blood pressure.[A17-96] When the cuff is inflated, that device records relative blood pressures or change in the heart rate.[A17-97]

From those testing devices, it is possible to measure psychological or emotional stress.[A17-98] This testing device is the product of observation by psychologists and physiologists who noted certain physiological responses when people lie.[A17-99] In about 1920 law enforcement officials with psychological and physiological training initiated the development of the instrument to serve as an investigative aid.[A17-100]

The polygraph may record responses indicative of deception, but it must be carefully interpreted.[A17-101] The relevant questions, as to which the interrogator is seeking to determine whether the subject is falsifying, are compared with control questions where the examiner obtains a known indication of deception or some expected emotional response.[A17-102] In evaluating the polygraph, due consideration must be given to the fact that a physiological response may be caused by factors other than deception, such as fear, anxiety, nervousness, dislike, and other emotions.[A17-103] There are no valid statistics as to the reliability of the polygraph.[A17-104] FBI Agent Herndon testified that, notwithstanding the absence of percentage indicators of reliability, an informed judgment may be obtained from a well-qualified examiner on the indications of deception in a normal person under appropriate standards of administration.[A17-105]

Ordinarily during a polygraph examination only the examiner and the examinee are present.[A17-106] It is the practice of the FBI, however, to have a second agent present to take notes.[A17-107] It is normally undesirable to have other people present during the polygraph examination because the examinee may react emotionally to them.[A17-108] Because of the numerous interested parties involved in Ruby’s polygraph examination, there were present individuals representing the Commission and the Dallas district attorney, as well as two defense counsel, two FBI agents, the chief jailer, the psychiatrist, and the court reporter, although the assistant district attorney and one defense counsel left when Ruby was actually responding to questions while the instrument was activated.[A17-109] Ruby was placed in a position where there was a minimum of distraction for him during the test.[A17-110] He faced a wall and could not see anyone except possibly through secondary vision from the side.[A17-111] Agent Herndon expressed the opinion that Ruby was not affected by the presence of the people in the room.[A17-112]

Answer by Ruby to certain irrelevant control questions suggested an attempt to deceive on those questions. For example, Ruby answered “No” to the question “While in the service did you receive any disciplinary action?”[A17-113] His reaction suggested deception in his answer.[A17-114] Similarly, Ruby’s negative answer to the query “Did you ever over-charge a customer?” was suggestive of deception.[A17-115] Ruby further showed an emotional response to other control questions such as “Have you ever been known by another name”[A17-116] “Are you married?”[A17-117] “Have you ever served time in jail?” [A17-118] “Are your parents alive?”[A17-119] “Other than what you told me, did you ever hit anyone with any kind of a weapon?”[A17-120] Herndon concluded that the absence of any physiological response on the relevant questions indicated that there was no deception.[A17-121]

An accurate evaluation of Ruby’s polygraph examination depends on whether he was psychotic. Since a psychotic is divorced from reality, the polygraph tracings could not be logically interpreted on such an individual. A psychotic person might believe a false answer was true so he would not register an emotional response characteristic of deception as a normal person would.[A17-122] If a person is so mentally disturbed that he does not understand the nature of the questions or the substance of his answers, then no validity can be attached to the polygraph examination.[A17-123] Herndon stated that if a person, on the other hand, was in touch with reality, then the polygraph examination could be interpreted like any other such test.[A17-124]

Based on his previous contacts with Ruby and from observing him during the entire polygraph proceeding, Dr. William R. Beavers testified as follows:

In the greater proportion of the time that he answered the questions, I felt that he was aware of the questions and that he understood them, and that he was giving answers based on an appreciation of reality.[A17-125]

Dr. Beavers further stated that he had previously diagnosed Ruby as a “psychotic depressive.” [A17-126]

Based on the assumption that Ruby was a “psychotic depressive,” Herndon testified:

There would be no validity to the polygraph examination, and no significance should be placed upon the polygraph charts.[A17-127]

Considering other phases of Dr. Beavers’ testimony, Herndon stated:

Well, based on the hypothesis that Ruby was mentally competent and sound, the charts could be interpreted, and if those conditions are fact, the charts could be interpreted to indicate that there was no area of deception present with regard to his response to the relevant questions during the polygraph examination.[A17-128]

In stating his opinion that Ruby was in touch with reality and understood the questions and answers, Dr. Beavers excepted two questions where he concluded that Ruby’s underlying delusional state took hold.[A17-129] Those questions related to the safety of Ruby’s family and his defense counsel.[A17-130] While in the preliminary session Ruby had answered those questions by stating that he felt his family and defense counsel were in danger, he did not answer either question when the polygraph was activated.[A17-131] Dr. Beavers interpreted Ruby’s failure to answer as a reflection of “internal struggle as to just what was reality.”[A17-132] In addition, Dr. Beavers testified that the test was not injurious to Ruby’s mental or physical condition.[A17-133]

Because Ruby not only volunteered but insisted upon taking a polygraph examination, the Commission agreed to the examination. FBI Director J. Edgar Hoover commented on the examination as follows:

It should be pointed out that the polygraph, often referred to as “lie detector” is not in fact such a device. The instrument is designed to record under proper stimuli emotional responses in the form of physiological variations which may indicate and accompany deception. The FBI feels that the polygraph technique is not sufficiently precise to permit absolute judgements of deception or truth without qualifications. The polygraph technique has a number of limitations, one of which relates to the mental fitness and condition of the examinee to be tested.

During the proceedings at Dallas, Texas, on July 18, 1964, Dr. William R. Beavers, a psychiatrist, testified that he would generally describe Jack Ruby as a “psychotic depressive.” In view of the serious question raised as to Ruby’s mental condition, no significance should be placed on the polygraph examination and it should be considered nonconclusive as the charts cannot be relied upon.[A17-134]

Having granted Ruby’s request for the examination, the Commission is publishing the transcript of the hearing at which the test was conducted[A17-135] and the transcript of the deposition of the FBI polygraph operator who administered the test.[A17-136] The Commission did not rely on the results of this examination in reaching the conclusions stated in this report.

APPENDIX XVIII

Footnotes

For references to the testimony of witnesses before the Commission, the following citation form is used: number of volume, “H” (for “Hearings before the President’s Commission on the Assassination of President Kennedy”), page number, and the name of the witness in parentheses, e.g., 7 H 441 (O’Donnell). Commission exhibits are referred to by the capital letters “CE” and number; deposition exhibits by the name of the witness, the capital letters “DE,” and the number or letter of his exhibit, e.g., CE 705; Sorrels DE 1. References to audiovisual sources for one Dallas broadcasting station (WFAA) are cited as follows: PKT for video tapes, PKF for films, and PKA for audio tapes. The video and audio reels and tapes of other stations are cited by number, e.g., WFAA-TV reel PKT 10; KBLD-TV reel 13.