Mr. Hubert.

When the witness said "through here," he was placing one hand at the level of his forehead and the other hand under his chin.

Mr. Smith.

And a few minutes later, after this, Walker commented to me that the person on that mug shot looked to him like the same one that had been up to the truck a couple of times.

Mr. Hubert.

Had he told you prior to that that he had noticed this man come to the truck a couple of times?

Mr. Smith.

Not prior to that.

Mr. Hubert.

So that your observation of this man coming up to the truck a couple Of times was independent of that of Walker, and it had not been communicated between you?

Mr. Smith.

That's correct.

Mr. Hubert.

Did you communicate your association between the mug shot of Jack Ruby and the man you had seen, to Mr. Warren Richey?

Mr. Smith.

Not at this time. Several days later we discussed it, and we seemed to be of the same opinion at that time.

Mr. Hubert.

You have never seen Ruby in person since?

Mr. Smith.

No, sir. Let me say this. The person that I am talking about is, I hate to say, dirty, an unkempt person that possibly could have slept with his clothes on, you see. He would be the opposite of what we see in these photographs of a well- dressed, natty person with stylish clothes. I am talking about the opposite type of person from that.

Mr. Hubert.

Now let me ask you this. Aside from your association of the man on the street and the mug shot of Ruby, have you in your mind compared your recollection of the man on the street with other photographs that you have seen of Ruby?

Mr. Smith.

No. I have never seen a photograph of Ruby that gives me that same picture; you know what I mean.

Mr. Hubert.

Well, the answer is really that you have made the comparison, but that you cannot feel as sure that the man on the street was the Jack Ruby that you saw in subsequent pictures?

Mr. Smith.

Yes.

Mr. Hubert.

At least as much as you feel that the man on the street was the Jack Ruby you saw in the mug shot?

Mr. Smith.

Right. Now I am-drawing a comparison between the man in the window and the mug shot. Those two struck me as being the same. The pictures that I saw in film are not as familiar to me, you know. That is hard to explain. I don't guess it makes sense, does it?

Mr. Hubert.

Would you venture to say that the man on the street whose face came within 3 feet of yours and the man in the mug shot were, beyond any reasonable doubt, the same person?

Mr. Smith.

The only reason that I would have any doubt was this thing of the hat. Now I couldn't see his hairline and I couldn't see the complete face. With that thing in mind, I would not say that positively is the same man; I can't say that.

Mr. Hubert.

But you did see the complete face when you were within 3 feet of him?

Mr. Smith.

Yes. He had the hat on.

Mr. Hubert.

And the mug shot did not, I take it?

Mr. Smith.

That is true.

Mr. Hubert.

With that reservation, you would have no doubt it is the same person?

Mr. Smith.

That is true.

Mr. Hubert.

Mr. Smith, I have in my hand a copy of a report of an interview of you dated December 4, 1963, made by FBI Agents Haley and Madland which I have marked for identification as follows: "Fort Worth, Tex., April 15, 1964, Exhibit 5317, deposition of John A. Smith," and I signed my name below it. I would like you to read this, and after, I will ask you some questions about it.
(Mr. Smith reads report.)

Mr. Smith.

This thing doesn't refer to him asking the question twice, which I believe I mentioned before, but essentially that is true.