fully; and with the other people present, it would be known what questions were going to be asked of Mr. Ruby in advance of the actual asking.
Then, it was the Commission's view that everybody should leave the room except for the two special agents of the FBI who would be administering the test, the court reporter and me, so that the minimum number of people would be present.
I have conveyed that request to Sheriff Decker and he has insisted that a member of his staff be present as custodian of the body of Jack Ruby, since he has that responsibility. It is not yet determined who that will be, but the Commission proposes to proceed on the administration of the polygraph test under those circumstances, with the only open question being the identity, if anyone, of the representative of the sheriff who has charge of the custody of the body of the defendant here or Jack Ruby, since he is not a defendant in this proceeding, actually.

Mr. Tonahill.

I should like to say as one of Jack Ruby's defense counsels along with Chief Defense Counsel Clayton Fowler, that when I entered the defense of Jack Ruby back in December of 1963, with Mr. Belli, at that time we insisted before undertaking his defense that he agree to a polygraph test and truth serum test or any other scientific test that would reflect whether or not there was a connection between him and Lee Harvey Oswald. or in any respect a conspiracy. He agreed and insisted at that time that there was no such conspiracy. He did not know Lee Harvey Oswald and there was no connection between them and that he would undertake any type of a scientific test that we could have made available for him. Jack Ruby has insisted on those tests ever since.
We have from time to time proposed to the FBI through Mr. Gordon Shanklin and others, that a lie detector test be given Mr. Ruby. We have filed motions to obtain scientific tests. Mr. Ruby has insisted on these tests very strenuously and has felt that I have stood in the way of him obtaining them.
I was present during the Warren Commission deposition of Jack Ruby along with Mr. Jim Bowie of the district attorney's office some 6 weeks ago when Chief Justice Earl Warren on numerous occasions responded to Jack Ruby that he had it in his power to make available to him some day in the future a polygraph test and would do so at Mr. Ruby's request.
Now it has come down that Chief Justice Earl Warren and the Warren Commission are now in the process of keeping faith with their promise to Mr. Ruby.
Mr. Fowler and I have talked with the various psychiatrists, Drs. Tanay, West, and Beavers, each of whom feels that because Jack Ruby is of unsound mind and mentally ill, this polygraph test is a mistake and would produce nothing by way of an accurate result of deception, truth, or conclusiveness in any regard and feel that it should not be made.
As cocounsel with Mr. Fowler, I yield to his position here and concur with him, but as a personal individual, very close and very knowledgeable of the entire history of this polygraph demand on the part of Ruby, it is my personal view that even though he is of unsound mind, does not know right from wrong, is mentally ill, and his psychiatrists are opposed to it, unless he is given the polygraph test there will never be any satisfaction in any respect. His condition might even grow worse without it, and in the interest of satisfying everyone concerned, the State, the Nation, and the world--that in all probability if this polygraph test is not given, there will be left hanging in the clouds certain doubts as to whether there was a conspiracy between Ruby and others or Oswald, or whether they knew each other, despite the fact that his mental condition may be such that it will not demonstrate any effective results.
Nevertheless my personal view is that it might be well to go forward with it, and certainly if all appellate efforts are exhausted on behalf of Jack Ruby and his case is affirmed all the way up, which I feel that it won't be; if his family and Jack Ruby should refuse to undergo a polygraph test, certainly the Board of Pardons and Parole may look with disfavor upon that fact and infer Possible premeditation on his part in the shooting of Oswald or a possible conspiracy

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