(Testimony of Francis L Martello)
Mr. Liebeler.
And he didn't respond?
Mr. Martello.
That is correct, sir.
Mr. Liebeler.
Did you eventually learn what became of this case, how it was disposed of in court?
Mr. Martello.
Yes, sir; the next day, the following Monday. The following Monday I went to court, Municipal Court, and I heard the evidence in the case. He was charged--all of them were charged with creating a scene, which is a typical municipal charge used in minor disturbances. It expedites everything much nicer, and there was no---there wasn't any detailed information given other than what he was charged with. The judge found him guilty and gave him, I believe, $10 or 10 days, or something like that.
Mr. Liebeler.
Do you remember whether Oswald pleaded guilty or not guilty?
Mr. Martello.
I do not remember, sir.
Mr. Liebeler.
The Cubans who were involved in it were released without any fine or any punishment, were they not?
Mr. Martello.
I do not remember, sir.
Mr. Liebeler.
You didn't have any occasion with Oswald after the case had been disposed of?
Mr. Martello.
No, sir. That was all there was to it.
Mr. Liebeler.
Is there any other reason that you didn't regard Oswald as a violent kind of person, other than the one that you mentioned concerning his failure to respond to the provocation of the Cubans?
Mr. Martello.
He did not impress me at the time I interviewed him as a violent person by any of the responses to questions, by observing his physical make-up. Not in any way, shape, or form did he appear to me as being violent in any way. He displayed very little emotion and was completely unconcerned and aloof. Off the record?
Mr. Liebeler.
Off the record.
(Discussion off the record.)
Mr. Liebeler.
When you subsequently heard that Oswald had been arrested in connection with the assassination, were you surprised?
Mr. Martello.
Yes, sir; I was, I was very much surprised.
Mr. Liebeler.
Would you tell us----
Mr. Martello.
Because he did not give me the impression of being a violent individual. He was a very passive type of an individual.
Mr. Liebeler.
You have had experience with other pickets here in New Orleans on several questions, and have you run into people who demonstrated a passivity in the face of provocation before?
Mr. Martello.
Yes, sir.
Mr. Liebeler.
Did Oswald appear to be this kind of person?
Mr. Martello.
Yes, sir; he did, with one extension of the incident with the Cubans. Although he was passive in his demonstration, he seemed to have set them up, so to speak, to create an incident, but when the incident occurred he remained absolutely peaceful and gentle.
Mr. Liebeler.
You just didn't think at the time you heard that Oswald had been arrested in connection with the assassination that he would have been capable of performing that act? Or did you have an opinion on that question?
Mr. Martello.
Well, as far as being capable of an act, I guess everybody is capable of an act, but as far as ever dreaming or thinking that Oswald would do what it is alleged that he has done, I would bet my head on a chopping block that he wouldn't do it.
Mr. Liebeler.
You just wouldn't have been able to predict that this guy would have done something like that?
Mr. Martello.
That is right.
Mr. Liebeler.
And such an act would appear to you to be entirely inconsistent with the attitude demonstrated to you while you knew him here in New Orleans? Is that correct?
Mr. Martello.
Absolutely correct, sir.
Mr. Liebeler.
You indicate in your memorandum that you went through your notes and the other materials that were collected at the time Oswald was arrested, and you found a photograph of Oswald and a small piece of white paper containing certain handwritten notes, which is attached to the report
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