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Warren Commission Hearings: Vol. XII - Page 45« Previous | Next »

(Testimony of Sheriff J. E. (Bill) Decker)

Mr. Hubert.
Yes.
Mr. Decker.
When my officers were dispatched there, I also told some other agencies to send their men over there.
Mr. Hubert.
Now, what is the custom with respect to prisoners who are captured or taken into custody by the city police when there is no warrant of arrest ?
Mr. Decker.
Most prisoners taken in custody by the city police are arrested within the corporate limits of the city of Dallas and they in turn are moved to the city jail, which is located at the corner of Main and Harwood, or better still, in the 2000 block of Main Street, and there confined until their period of investigation is completed.
Mr. Hubert.
How long is that?
Mr. Decker.
Well, now, that's a problem I couldn't--there would be no way to answer that--how long does it take to make some investigation?
Mr. Hubert.
What I had in mind was whether there was any rule, regulation, or law?
Mr. Decker.
No; someone said once you couldn't hold them over 24 or 36 hours, but where it is, I don't know. The city ordinance under which most municipalities work is--they have a right to arrest and hold for investigation until they could determine if a crime has been committed. That leaves it pretty blank.
Mr. Hubert.
All right. Now, let's assume that a man has been formally charged and that there has been a capias or warrant
Mr. Decker.
It's a warrant in this case.
Mr. Hubert.
Of arrest, which authorizes you to arrest the particular prisoner?
Mr. Decker.
I or one of the constables.
Mr. Hubert.
What is your custom--are there any rules or regulations or laws ?
Mr. Decker.
No; there's no rules or regulations---only this--when a warrants issued--when a complaint is filed with my district attorney or the magistrate, which is the justice of the peace, the warrant is issued and delivered to the agency. If it is a felony and in the justice court, it goes to the constable, which this offense we are speaking about was a felony and should have gone to David Johnston, justice of the peace, precinct 2, and the warrants were delivered to the city police.
Mr. Hubert.
Now, you are talking about the charge with respect to Tippit, are you, or the death of the President, or both?
Mr. Decker.
Well, I rather think it was both.
Mr. Hubert.
The warrants then were not put into your possession at all ?
Mr. Decker.
No, sir; not at that time.
Mr. Hubert.
And that is in accordance with the custom, too ?
Mr. Decker.
Yes.
Mr. Hubert.
What would normally happen in circumstances such as we are dealing with here, where warrants were issued about 7 o'clock in one case, as to Tippit, and a little later about 11 o'clock on the 22d of November, as to the death of the President, what would be the normal situation as to your getting control and custody and your becoming the keeper of these prisoners?
Mr. Decker.
The whole thing would be that if we, if those warrants had come through the regular channels to us, we would have contacted--I imagine we would have contacted Captain Fritz because it was a homicide and that is in his division, and asked him about the prisoner and discussed with him if he was ready for transfer--if he was going to transfer or did he want us to transfer. That would have been the normal procedure with us.
Mr. Hubert.
In other words, it is normal to have them transfer the prisoner to you, rather than for you to go and get them, or both ?
Mr. Decker.
No; it is normal but it is not too much they transfer maybe one-tenth of maybe 1 percent, but as hot a piece of merchandise as this prisoner was, chances are Captain Fritz and his men would have attempted to bring him from the city hall to the courthouse.
Mr. Hubert.
- In other words, except in rare instances, meaning a situation of this sort, you send your men to the city jail to get them ?
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