Mr. Griffin.

is there any feeling that you would defer to the senior officer to take the initiative in throwing some guy out?

Mr. Cutchshaw.

If he were in charge of me or in charge of security and if I
saw Jack Ruby there and he didn't have a pass on and I knew him and knew that he was not a news representative, then if I confronted him and he said, "Chief Batchelor said it was okay," then I would have asked the chief if it was all right.
Otherwise, I wouldn't say the chief had anything to do with it and I would put him out.

Mr. Griffin.

So, if you had seen him first, you would have gone directly to him and then turned to your superior officer and said what shall I do about this guy?

Mr. Cutchshaw.

I would have went directly to him.

Mr. Griffin.

You would have gone directly to him. Do you think that is true of any other officer or do you think some of them would have acted different ?

Mr. Cutchshaw.

That is hard to say, not knowing every officer's traits. Some operate one way and some operate another.

Mr. Griffin.

I want you to examine Cutchshaw Exhibits Nos. 5042, 5043, 5044, 5045, and 5046, and if there are no further additions or corrections to make to those in addition to all this we have been talking about, then I would like you to sign each one of these and date them.

Mr. Cutchshaw.

Where do you want me to sign?

Testimony of Napoleon J. Daniels

Mr. Griffin.

Sign it in a conspicuous place where I have placed the mark on the paper. Sign your name and date it. Regular signature or full name.
Napoleon J. Daniels
TESTIMONY OF NAPOLEON J. DANIELS

Mr. Griffin.

The testimony of Napoleon J. Daniels was taken at 2:40 p.m., on April 16, 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.

My name is Leon Hubert, Mr. Daniels. I'm 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. and joint resolution of Congress No. 137, and the rules of procedure adopted by the Commission in conformance with the Executive order and the Joint resolution, and I have been authorized to take the sworn deposition from you, Mr. Daniels. I state to you now that the general nature of the Commission's inquiry is to ascertain, evaluate, and to report on the facts relating to the assassination of President Kennedy and the subsequent violent death of Lee Harvey Oswald. In particular as to you, Mr. Daniels, the nature of the inquiry today is to determine what facts you know about the death of Oswald and any other pertinent facts you may know about the general inquiry, and, of course, about the entry of Jack Ruby into the basement of the police department.
Now, Mr. Daniels, I think you have appeared here today by virtue of a written request sent to you by mail.

Mr. Daniels.

Yes, sir.

Mr. Hubert.

And signed by Mr. J. Lee Rankin.

Mr. Daniels.

Correct.

Mr. Hubert.

General Counsel of the President's Commission.

Mr. Daniels.

Yes, sir.

Mr. Hubert.

Did you receive that letter more than 3 days ago?

Mr. Daniels.

Yes; I received it Saturday, I believe.

Mr. Hubert.

Last Saturday?

Mr. Daniels.

Yes.

Mr. Hubert.

Let the record show that this is Thursday.

Mr. Daniels.

It has been 3 days.

Mr. Daniels.

` 225