Mr. Herndon.

In other words, I'm going to tell you what the question is going to be and you shall feel free to answer it "Yes" or "No."

Mr. Fowler.

Excuse me, sir.

Mr. Herndon.

Certainly.

Mr. Fowler.

At this time, Jack, I request that in view of the fact that you're not hooked up, that you do not answer the question and reserve those until such time as you will be on the machine.

Mr. Herndon.

Then, we will just discuss the questions.

Mr. Ruby.

Do it to your advantage, may I add.

Mr. Herndon.

I generally prefer in my practice with the polygraph to have the gentleman answer the question so that he knows he has already answered it, and as a matter of record, he knows that that question is coming along.

Mr. Ruby.

Please let me do it, will you? [Addressing Mr. Fowler.]
Mr. FOWLER a (no response).

Mr. Herndon.

I will bow to whatever Mr. Specter or counsel wants to do in this regard.

Mr. Ruby.

Fowler, I hate to dispute with you, but let me do it this way?

Mr. Fowler.

Well, Jack, again, Mr. Alexander is here and again I tell you this--that the answers to some of these questions could be absolutely very detrimental to you.

Mr. Ruby.

They can't be.

Mr. Fowler.

I'm talking about from a legal standpoint. Now, morally, I know how you feel and you want to do the best you can for the Commission.

Mr. Ruby.

I will.

Mr. Fowler.

But by the same token, this gentleman over here [referring to Mr. Alexander] represents the State, who at this time is not representing you. Now, if we could allow Mr. Alexander to have the benefit of the nature of the questions, with the exception of the answers--if this is what Jack wants--but I do not want Mr. Alexander to have the benefit of the answers.

Mr. Specter.

The test may be conducted either way. As Mr. Herndon has explained, he has a slight preference to have the answers, but the ultimate decision on that is up to Mr. Ruby and his counsel. The Commission will proceed in either manner.

Mr. Ruby.

It's unfortunate that my attorney, Mr. Fowler, don't see as I do. I would like to give every cooperation without the slightest fraction of interference. That's why I requested that. You won't let me do it that way, huh, Fowler?

Mr. Fowler.

I'm requesting that you do not, Jack.

Mr. Herndon.

It will be no problem.
(Addressing the court reporter.) Do you have any problem hearing?
Court REPORTER. If Mr. Ruby would talk just a little bit louder it would be fine.

Mr. Herndon.

Mr. Ruby, I have placed all these questions in a form so that they are very short and concise and can be answered only by "Yes" or "No," and that's the way we have to ask a question during a polygraph examination, but I'll go over them with you and give you an idea of what they're going to be. During the normal series, I'm going to ask several questions, of course, which are pertinent to the Commission's investigation, but I will also ask you several questions which more or less just deal with your identity, your background and your name, so you will have two types of questions that I will ask. Now, the first question I'm going to ask you under series 1, which is rather pertinent, and I want you to know that I'm going to ask it, and I'm going to phrase it as simply as I can.
"Did you know Oswald before November 22, 1963?"
Now, what I mean by "know" is did you have any personal acquaintance of this individual, any personal acquaintance? Have you ever seen him, did you have any conversation with him? In other words, as you would say, "Well, I know that person."

Mr. Ruby.

Should I answer that?