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Warren Commission Hearings: Vol. V - Page 219« Previous | Next »

(Testimony of Henry Wade)

Mr. Rankin.
Can you tell us whether it was from your office or from a Federal office that such an idea was developing as far as you know?
Mr. Wade.
Well, on that score it doesn't make any sense at all to me because there is no such crime in Texas, being part of an international conspiracy, it is just murder with malice in Texas, and if you allege anything else in an indictment you have to prove it and it is all surplusage in an indictment to allege anything, whether a man is a John Bircher or a Communist or anything, if you allege it you have to prove it.
So, when I heard it I went down to the police station and took the charge on him, just a case of simple murder.
Mr. Dulles.
Is that of Tippit or of the President?
Mr. Wade.
No; of the President, and the radio announced Johnston was down there, and Alexander, and of course other things, and so I saw immediately that if somebody was going to take a complaint that he is part of an international conspiracy it had to be a publicity deal rather--somebody was interested in something other than the law because there is no such charge in Texas as part of--I don't care what you belong to, you don't have to allege that in an indictment.
Mr. Rankin.
What do you mean by the radio saying that Johnson was there? Do you mean President Johnson?
Mr. Wade.
No; that is the justice of the peace whose name is Johnston.
Mr. Rankin.
I see.
Mr. Wade.
Yes; Justice of the Peace David L. Johnston was the justice of the peace there.
So, I went down there not knowing--also at that time I had a lengthy conversation with Captain Fritz and with Jim Alexander who was in the office, Bill Alexander, Bookhout because another reason I thought maybe they were going to want to file without the evidence, and then that put everything on me, you know.
If they didn't have the evidence and they said, "We file on him, we have got the assassin" I was afraid somebody might take the complaint and I went down to be sure they had some evidence on him.
Mr. Rankin.
Have you told us all that you said to the U.S. attorney when you talked to him at that time?
Mr. Wade.
So far as I know. I know that concerned that point, you know.
Mr. Rankin.
Well, did he say anything to you about that point?
Mr. Wade.
Well, I think he asked me was that--I don't think Barefoot was real conversant, I guess is the word with what the law is in a murder charge.
I told him that it had no place in it and he said he had heard it on the radio and didn't know whether it would be thought it might because some if it was not necessary, he did not think it ought to be done, something to that effect so I went down there to be sure they didn't.
I went over the evidence which they--when I saw the evidence, it was the evidence as told to me by Captain Fritz.
Mr. Rankin.
This conversation you have described you had when Jim Alexander was there and the others?
Mr. Wade.
Yes; I first asked Jim Allen, a man whom I have a lot of confidence in, do they have a case and he said it looks like a case, you can try.
Mr. Rankin.
Is that the case about the assassination?
Mr. Wade.
Yes; we are talking entirely about the assassination.
On the Tippit thing, I didn't take the charge on that and I think they had some witnesses who had identified him there at the scene, but I was more worried about the assassination of them filing on somebody that we couldn't prove was guilty.
Mr. Rankin.
Did you discuss the evidence that they did have at that time with Captain Fritz?
Mr. Wade.
Yes, sir.
Mr. Rankin.
Will you tell us what evidence you recall?
Mr. Wade.
I have made no notes but roughly he gave the story about him bringing the gun to work, saying it was window rods from the neighbor, someone who had brought him to work. He also said there were three employees of the company that left him on the sixth floor. He told about, the part about,
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