Mr. Specter.

Mr. Ruby has indicated that he has no objection to having Mr. Alexander here, and if one side is here, the other may be.

Mr. Alexander.

Mr. Specter, if it will help the ultimate in the tests, I have no objection to leaving the room, and perhaps Mr. Tonahill, I think, could very well leave, of if Jack has no objections and perhaps wants us here, we will stay.

Mr. Specter.

I am advised by Mr. Herndon that the technical considerations are not persuasive as to one or two more people, with this many present, so that if it's acceptable to all parties, specifically Mr. Ruby, we will just proceed with the group that's presently here during all portions, the explanatory portion to Mr. Ruby and the actual testing itself.
Is that agreeable, gentlemen? Is that agreeable with you, Mr. Ruby?

Mr. Ruby.

Well----

Mr. Fowler.

Jack, let me make this request. I don't think Bill can read a polygraph test, but I would feel better as your attorney if Mr. Alexander were not present.

Mr. Ruby.

I don't mind everyone remaining here.

Mr. Fowler.

Well, of course, again--let me advise you that if Mr. Alexander remains--let me advise you of your rights-- that if Mr. Alexander remains, he is a member of the district attorney's staff, the answers to these questions could be used against you at some later date, if they are adverse to your rights, and as your attorney, I advise you that it would be my suggestion to you and request to you that Mr. Alexander not be allowed to remain.

Mr. Ruby.

Will you object?

Mr. Alexander.

Not at all, Jack.

Mr. Ruby.

All right.

Mr. Specter.

If Mr. Alexander is willing to abide by your request, Mr. Ruby then your request will govern as far as the proceeding is concerned.

Mr. Fowler.

Now, Mr. Alexander and I--when it comes to me representing you or any Other client--I represent one client and he represents the other. He, in my opinion, is a perfect gentleman, but in the courtroom he is a perfect prosecutor, and I like to be as near a perfect defense lawyer as I can, and I believe that by allowing him to stay here----

Mr. Ruby.

No, Fowler----

Mr. Fowler.

Well, I'm thinking of you now. I'm asking you to do this, and again, this is entirely up to you, so it's your decision. I think I have fully explained to you the reason why we would not want him here.

Mr. Ruby.

Now, I've got the monkey on my back now.

Mr. Fowler.

Well, you've got more than a monkey on your back, Jack. This is your decision.
(Conference between Mr. Fowler and Mr. Ruby out of the hearing of this reporter and others in the room.)

Mr. Ruby.

Well, Whatever my attorney suggests, I guess I will have to follow through.

Mr. Specter.

Your request then is that Mr. Alexander not be present?

Mr. Ruby.

Yes.

Mr. Alexander.

That will be fine.

Mr. Specter.

If it is all right with you, we will proceed on that basis, but of course, that will go only for the time the test is actually being administered to you.

Mr. Fowler.

That's right.

Mr. Specter.

Mr. Bell Herndon will now start to explain the proceedings to you. He is the operator of the polygraph, the principal operator here, Mr. Ruby. As I explained to you, Mr. Herndon and Mr. Wood, are joint operators for the FBI on the polygraph or lie detector test and Mr. Herndon will take over now to explain just how it's going to work.

Mr. Herndon.

Thank you. Mr. Ruby, first of all, I want to show you my credentials so you will know that I am a special agent and I am from the F.B.I. laboratory in Washington, D.C. (Exhibited instruments to Mr. Ruby.)

Mr. Ruby.

Yes.