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(Testimony of Don Ray Archer)
Mr. Archer.
Any what, sir?
Mr. Hubert.
Any omissions of fact.
Mr. Archer.
Well, I didn't go into every detail. There are several statements that I didn't include in this report, and of some of the conversation that took place in the jail and during the time that I was with Ruby, and then some of 'the statements that were made downstairs. By this, I mean when this investigation was made, I didn't have in mind of any testimony being involved, that it was--more or less an investigation as to how Ruby got into the basement, and what the security breakdown was. That my--that was my impression.
Mr. Hubert.
I think you are relating to the fact that both of those statements omit any statement as to what Ruby told you concerning his intent to kill?
Mr. Archer.
Yes, sir.
Mr. Hubert.
Now, I wish to afford you an opportunity to state why that fact, or those facts were omitted from the statements ?
Mr. Archer.
Well, at the time, I just didn't consider them pertinent to the investigation that was in progress, and I just didn't recall them as important information at the time. And as I explained, it was in my mind that it was an inquiry, more or less, as to where I was and what I was doing, and of an inquiry as to whether there was any negligent on my part in regards to this security breakdown.
Mr. Hubert.
Do you think that the inclusion in these two statements of his phrase "Son-of-a-bitch," was more important than his statement of his intent?
Mr. Archer.
Sir, at the time, it is like I say, whenever I gave the statements I had in mind as to what I saw at the time of the shooting, and that did take place at the time of the shooting, and I didn't go into great detail as to what took place after we took him into custody, took him upstairs and searched him and all. In other words, I had in mind that if anyone wanted to know about it, well, they would be afforded a chance for me to relate that.
Mr. Hubert.
When, in fact, did they find out that you had this knowledge?
Mr. Archer.
I don't recall the exact time or day.
Mr. Hubert.
Did you file another report than those we have here?
Mr. Archer.
I have another report that is the part mental interview which was taken, as I recall, from the date, on November 30th, which. was a continuing inquiry as to how Ruby got into the basement of the city hall. I believe that it was taken by Lieutenant McCaghren and Lieutenant C. C. Wallace.
Mr. Hubert.
In that statement you did not mention what Ruby told you concerning his intent either, did you ?
Mr. Archer.
No, sir; I did not at that time.
Mr. Hubert.
When did you first convey that information to anyone at all?
Mr. Archer.
To Mr. Alexander with the district attorney's office, when he made a court inquiry at the city hall.
Mr. Hubert.
When was that?
Mr. Archer.
I don't remember the date, sir.
Mr. Hubert.
Well, how long after the shooting?
Mr. Archer.
I just couldn't say.
Mr. Hubert.
Well, was it before Christmas, for example, or after?
Mr. Archer.
I don't remember. I do know that Alexander--
Mr. Hubert.
How long before the trial began did you convey this information to anyone ?
Mr. Archer.
I would say approximately 3 weeks. Now, that is just a guess, because I just don't recall the time there.
Mr. Hubert.
Well, tell us the circumstances under which this inquiry was made of you concerning the intent to kill as expressed by him ?
Mr. Archer.
Mr. Alexander made the inquiry in talking to us together, and also individually, as to what we heard that might be pertinent, what might not be pertinent at that time, and I went over and related all that I could recall.
Mr. Hubert.
And that was the first time you mentioned to anyone at all what you had heard Ruby say regarding his intent?
Mr. Archer.
As far as I recall; yes, sir.
Mr. Hubert.
And that was about 3 weeks before the beginning of the trial.
Mr. Archer.
I would say very--approximately. That could vary, because I
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