Mr. Phenix.

Right, and then from there I think I milled around a little bit and said, "Hello," to the newmen I recognized from the day before on the third floor and all the available spots were taken over here at this corner which were really the best spots.

Mr. Hubert.

Now, when you say "over here at this corner," I am going to put the number 2 with a circle under it and draw a line out and indicate that you have stated that the place that I marked number 2 was the best spot, but already taken.

Mr. Phenix.

By most of the photographers there.

Mr. Hubert.

I am writing in the words "Phenix says this number 2 spot was already taken by other news media"----

Mr. Phenix.

Right.

Mr. Hubert.

"When he arrived." Is that a correct statement?

Mr. Phenix.

Yes.

Mr. Hubert.

All right, now you can go on?

Mr. Phenix.

Then, I picked a spot just inside this rail--I was standing on the curb---I was to the right of our live camera that was set up there.

Mr. Hubert.

Was that on the parking area side of the rail or the ramp side of the rail?

Mr. Phenix.

The ramp side I was standing on the curb there, leaning against the rail, and the camera, part of the camera sticking out over the rail.

Mr. Hubert.

Now, this chart does not show the rail itself except by a marked line, but it does show two posts and I ask you if it isn't fair to state that what you are talking about is this position that I have here?

Mr. Phenix.

Yes, that's right, because I had a clear view down to the swinging doom.

Mr. Hubert.

Let's put it this way: I'm going to mark a line from two points, one point being number three and the other point number four--that line being the space between the two main posts.

Mr. Phenix.

Okay.

Mr. Hubert.

Looking at the mockup, there is a rail between those two main posts, and that rail is equally divided into three parts, by two vertical posters, is that correct?

Mr. Phenix.

Yes, sir.

Mr. Hubert.

If we call one of the vertical posters point number five and the other one point number six, then as I understand your testimony you were on the ramp side rather than the parking area side of the rail?

Mr. Phenix.

Correct.

Mr. Hubert.

And you were approximately at the point by the post marked on this chart as point number six?

Mr. Phenix.

Yes.

Mr. Hubert.

I am marking point number six as "position of Phenix at the time of shooting."

Mr. Phenix.

Right.

Mr. Hubert.

I think you have testified that immediately to your left there was a TV camera belonging to the same station as your own?

Mr. Phenix.

Yes, sir.

Mr. Hubert.

I'm going to mark without any attempt to do it in scale by a square which I am marking "Square A" and drawing a line out to indicate position of KRLD TV camera.

Mr. Phenix.

You might say live camera.

Mr. Hubert.

Live camera--and that camera was just to your left and a bit back of you, because it was on the other side of the rail, right?

Mr. Phenix.

Yes; the camera itself was behind me, the lens stuck out.

Mr. Hubert.

Over the rail?

Mr. Phenix.

Yes.

Mr. Phenix.

Right--it was to the left of ours.

Mr. Hubert.

There was another live camera in that area too, wasn't there?

Mr. Hubert.

So, again without attempting to draw this to scale, I will draw a rectangular figure, marking it "B" and state that that was the position of the other TV camera.