(Testimony of Harold J. Fleming)
Mr. Hubert.
of five lines on it. I think you have had an opportunity, sir, to read this document now identified as Exhibit No. 1, is that a fact?
Mr. Fleming.
Yes, sir.
Mr. Hubert.
I ask you now whether or not this document is a fair and correct report of the interview had between you and FBI Agent Wood?
Mr. Fleming.
Substantially that portrays the interview with some very minor qualifications.
Mr. Hubert.
Now you have indicated to me that there are some minor qualifications that you would like to note, and I turn now to page 2, the first full paragraph. I notice that you have made a small notation next to the sentence reading as follows: "Hall told me they were in possession of employees Donald Coin and Ed Dietrich." Do you have any comment to make on that?
Mr. Fleming.
Just to state that the name of Donald Coin was not mentioned in the conversation I had with Mr. Hall. The name of Ed Dietrich was discussed.
Mr. Hubert.
I notice that in the last sentence of that same paragraph, the sentence reading as follows: "Fleming said Donald Coin was telephonically contacted by Hall and given similar instructions." Do you wish to comment on that?
Mr. Fleming.
I Would say that I said Coin was apparently telephonically contacted.
Mr. Hubert.
In other words, you don't know?
Mr. Fleming.
I was not aware that Coin had been contacted at the time.
Mr. Hubert.
Then I notice that on the first sentence of the last paragraph on page 2 you also had a mark indicating that you wished to comment upon it. I think your comment was with reference to a phrase there about a conference breaking up. What was the comment you had?
Mr. Fleming.
Well, it was actually a conversation that we had at the terminal. It was merely a matter of getting organized, and there was no time for conferring. It was just decided what we were going to do. That gives the inference that we may have had a long pow-wow. This was an instantaneous decision.
Mr. Hubert.
Now I turn to page 3 and I notice that in the second or middle paragraph of that page you have two lines, one I think with reference to the first sentence which begins with the words "Hall backed the truck..." and ends with the words "... with the motor running." Was that the sentence? My question is, what comment do you have to make with reference to that sentence?
Mr. Fleming.
It was not a question of being able to get the truck further into the driveway. It was the fact that had it gone down the ramp further, it would have been parked on an incline completely, and fearing that the truck could possibly stall, by reason of letting out the clutch too quickly. If we stalled, there might be a problem of getting the truck started again, because we had a small problem at the terminal in getting this truck to start initially. Just for the record, a new battery had been placed in that truck on Saturday and was one of these where the liquid has to be mixed up in the battery itself before it is fully charged, and it hadn't been moved enough and would not fully charge. We were afraid the truck might stall on the ramp.
Mr. Hubert.
Did you have any difficulty, in fact, in starting the truck when you left the terminal?
Mr. Fleming.
At the terminal we had to use a jump booster to get it started there.
Mr. Hubert.
You left. the same battery in the car?
Mr. Fleming.
Oh, yes; and that is why we had the second truck with us also.
Mr. Hubert.
I gather from that, that the truck could have actually gone down further into the basement insofar as its clearance is concerned?
Mr. Fleming.
That's right; it could have gone in possibly 10 to 15 feet further.
Mr. Hubert.
It is a fact, though, that it could not have gone all the way down?
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