Mr. Hubert.
Yes; but that telephone call, whoever it was with, was solely for the purpose of fixing the time of this appointment.
Mr. Fuqua.
Right.
Mr. Hubert.
No discussion of any matters.
Mr. Fuqua.
No, sir.
Mr. Hubert.
And you and I have not discussed the matter before your deposition began?
Mr. Fuqua.
No.
Mr. Hubert.
All right, air, I think that is all then. I thank you very much.
------------------
Edward Kelly
Testimony of Edward Kelly
The testimony of Edward Kelly was taken at 2:45 p.m., on April 1, 1964, in the office of the U.S. attorney, 301 Post Office Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Leon D. Hubert, Jr., assistant counsel of the President's Commission.
Mr. Hubert.
This is a deposition of Edward Kelly.
Mr. Kelly, my name is Leon Hubert. I am a member of the advisory staff of the general counsel of the President's Commission. Under the provisions of Executive Order 11130, dated November 29, 1963, a Joint Resolution of Congress No. 137, and rules of procedure adopted by the Commission in conformance with the Executive order and the joint resolution, I have been authorized to take the sworn deposition from you. I state to you now that the general nature of the Commission's inquiry is to ascertain, evaluate and report upon the facts relating to the assassination of President Kennedy and the subsequent violent death of Lee Harvey Oswald. In particular as to you, Mr. Kelly, the nature of the inquiry today is to determine what facts you know about the death of Oswald and any other pertinent facts you my know about the general inquiry. Now, Mr. Kelly, you have appeared here today as a result of a request made informally of you to come. I want to advise you that under the rules adopted by the President's Commission you are entitled, if you wish, to have a 3-day written notice before this deposition can be taken. On the other hand the Commission has also provided that if a witness doesn't desire to have the 3-day notice and is willing to testify immediately and without having the notice, and is willing to waive that notice that he may do so. Are you willing to waive the notice and testify now?
Mr. Kelly.
About what?
Mr. Hubert.
About the general inquiry and about the document that I have just shown you?
Mr. Kelly.
Oh, yes; I'd rather testify now.
Mr. Hubert.
You'd rather testify. Will you stand so that I may give you the oath?
Will you raise your right hand? Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
Mr. Kelly.
I do.
Mr. Hubert.
Will you please state your name?
Mr. Kelly.
Edward Kelly.
Mr. Hubert.
Your age?
Mr. Kelly.
Twenty-one.
Mr. Hubert.
Your residence? Where you live?
Mr. Kelly.
1315 Sanger Avenue.
Mr. Hubert.
1315 what?
Mr. Kelly.
Sanger.
Mr. Hubert.
What is your occupation?
Mr. Kelly.
Porter at city hall.
Mr. Hubert.
How long have you been occupied like that?
Mr. Kelly.
May 2d, I'll be there 1 year.
Mr. Hubert.
May 2d, of 1964, will be 1 year?
