(Testimony of Bell P. Herndon)
Mr. Herndon.
rate was approximately 78 beats per minute, which is well. within normal heart rate of individuals, and that there appeared to be no physical problems with regard to obtaining a satisfactory cardiogram, which monitors the cardiovascular system.
During series 1, two relevant questions were asked which were pertinent to the investigation.
Question No. 4, in which Ruby was asked, "Did you know Oswald before November 22, 1963?"
Mr. Specter.
And what was his response to that question?
Mr. Herndon.
To that question he responded, "No," and an interpretation of the charts based on the premise that Ruby was mentally sound and competent would fail to indicate any physiological response which would be suggestive of deception.
Mr. Specter.
And what is the basis for your conclusion that there was no deceptive response elicited to that question?
Mr. Herndon.
This conclusion is actually based on my interpretation and study of the overall charts which are still to come up. Actually, in series 1, I noticed, however, that Mr. Ruby did respond physiologically to a control type question: "Have you ever been arrested?
This physiological response was in the form of a rather noticeable rise in his blood pressure. To this particular question he did answer "Yes," and later explained that he had been arrested for dancing after curfew at his own place. He indicated by his answer that he was somewhat embarrassed by this.
Mr. Specter.
Was that for dancing after curfew or for permitting others to dance after curfew?
Mr. Herndon.
I got the interpretation from his comments that it was permitting dancing, and him also being possibly involved in the party after curfew hours. This, to me, does indicate, if in fact Ruby was mentally competent, that he was capable of displaying emotional responses on the polygraph, in this instance not necessarily deception, but some concern, as portrayed by the relative rise in blood pressure.
During series 1 Mr. Ruby was also asked another relevant question, question No. 6, which was pertinent to the investigation, that question being: "Did you assist Oswald in the assassination?"
Mr. Specter.
And what was his answer to that question?
Mr. Herndon.
To that question he responded "No," and if in fact he was mentally competent at the time he answered that question, the charts could be interpreted that there was no physiological response to the stimulus of the question.
Mr. Specter.
When you say "could be interpreted," Mr. Herndon, do you mean that that was your opinion or your conclusion as to whether there was a physiological response?
Mr. Herndon.
I wish to qualify my opinion here based on the fact that I am responding under the hypothesis proposed by you that this chart is being interpreted, that Ruby is of sound mind, and was rational in his mental process when responding to this question.
Mr. Specter.
Fine.
As I understand it, that is your basic hypothesis or assumption in all of your answers to interpretation?
Mr. Herndon.
Fine, if we will keep that in mind.
Mr. Specter.
Yes. I think that is fair and I think we have put that on the record at the start so that whatever you interpret here is based on the assumption that he was in touch with reality, understood the questions, and knew what he was answering.
Mr. Herndon.
Correct, sir.
Mr. Specter.
But the point I was coming to was, you said it "could be interpreted" that there was no pattern of deception, and my concern was whether there was any deliberate qualification in your answer on "could be interpreted" or whether it was your positive interpretation that assuming he knew what he was talking about and was sane, that there was no pattern of deception in his negative answer on the question of, "Did you assist Oswald in the assassination?"
Mr. Herndon.
To answer that question, Mr. Specter, I would have to go back
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