Mr. Fleming.

No; it could not, because of the pipes overhead at the lowest point of the basement.

Mr. Hubert.

Now I notice in that same paragraph, which is the third or middle paragraph, you have made a little mark next to a sentence reading as follows: "He was not part of the Oswald guard force, but was merely on duty to prevent unauthorized persons from entering and leaving the garage." Do you have a comment to make with reference to that?

Mr. Fleming.

My comment is that I was not aware of what force this officer belonged, and I am not in position to state whether he was part of the Oswald guard force. I do know that he was on the outside of the building at the entrance of the drive. This inferred that I assumed he was not part of the guard force.

Mr. Hubert.

He was in uniform?

Mr. Fleming.

He was in uniform.

Mr. Hubert.

What was his position relative to the truck?

Mr. Fleming.

He was on the passenger's side of the truck facing, with the truck facing Commerce Street, that was parked in the driveway.

Mr. Hubert.

Was he in front of the truck, or by the side of the cab, or where was he with reference to the truck?

Mr. Fleming.

He was at the side of the truck, opposite or near the cab door. But he was stationed there at the time we drove the truck in.

Mr. Hubert.

So that when you backed the truck in, that policeman was there, but you did not see him there thereafter?

Mr. Fleming.

Oh yes; he was there the whole time.

Mr. Hubert.

He was there the entire time?

Mr. Fleming.

Yes.

Mr. Hubert.

He would have been rather close then to Mr. Hall sitting in the cab?

Mr. Fleming.

He was not sitting in the cab. He was standing on the outside.

Mr. Hubert.

No; the policeman was standing on the outside?

Mr. Fleming.

That's right.

Mr. Hubert.

But I say, that policeman would have been rather close to Mr. Hall?

Mr. Fleming.

No. Mr. Hall was on the driver's side of the cab rather.

Mr. Hubert.

Oh, this was the passenger's side?

Mr. Fleming.

Yes.

Mr. Hubert.

I see. You observed he was there from the moment you all arrived until after the shooting?

Mr. Fleming.

Yes, sir.

Mr. Hubert.

How much space was there between the truck and the wall on the passenger's side?

Mr. Fleming.

On the passenger's side, there was not enough space for anyone to get through into the building, because as I got out of the passenger's side, I had to go around to the driver's side.

Mr. Hubert.

On the driver's side, how much room?

Mr. Fleming.

There was room for a person to walk between the wall and the truck.

Mr. Hubert.

I suppose we better put those dimensions in terms of feet. Take the passenger's side first.

Mr. Fleming.

I would estimate on the passenger's side the clearance was less than 6 inches. On the driver's side, I would estimate it to be around 2 feet.

Mr. Hubert.

Do you know the width of the truck?

Mr. Fleming.

Not offhand.

Mr. Hubert.

Returning for the moment to the document which has been marked Exhibit No. 1, I take it then that other than the corrections that you made, that this document represents a fair statement of the interview and represents therefore the truth, so far as you know it?

Mr. Fleming.

Yes.

Mr. Hubert.

Now I would like, if possible, for you to tell us how you fix the time of the call received by you from Chief Batchelor?

Mr. Fleming.

Well, I was in the process of shaving in order to go to church at 10 o'clock. My wife answered the telephone, and I had to come to the phone