Mr. Johnston.

that they would have to remain still, that if they started milling or if they started moving he was going to remove the suspect, which when they did, he removed him.

Mr. Hubert.

How long were you in the room prior to the time Oswald was brought in?

Mr. Johnston.

I would say probably 10 minutes, maybe 15.

Mr. Hubert.

Did you observe Ruby during the time that you were in the room prior to the time Oswald came in ?

Mr. Johnston.

I can say that he was in the room because I was watching everyone that was in the room.

Mr. Hubert.

But he actually didn't introduce himself until Oswald left?

Mr. Johnston.

Until Oswald had been removed; yes, sir.

Mr. Hubert.

Was he standing on a table or chair or something like that?

Mr. Johnston.

I believe that at one time he was either on a chair or the table. When I first noticed the man he was standing on the floor, and I believe towards the last he was up either On a chair or on a table.

Mr. Hubert.

Did he make any statement or make any kind of comment at all at any time?

Mr. Johnston.

Something like "It's horrible, isn't it horrible?" or something of that nature.

Mr. Hubert.

That was to you yourself?

Mr. Johnston.

TO me and to Mr. Henry Wade, the district attorney of Dallas County.

Mr. Hubert.

That wets after Oswald had been removed?

Mr. Johnston.

That was after Oswald had been removed. He came up shortly after one of the newspaper media had just finished interviewing Mr. Henry Wade. He was standing behind that person during the interview and when he finished that was when he introduced himself, both to Henry Wade and to me.

Mr. Hubert.

Then, did he make any comment?

Mr. Johnston.

Just this--"It's horrible" or "Isn't this awful" or something to that

Mr. Hubert.

What was his general demeanor or attitude?

Mr. Johnston.

I personally would say that the man had control of himself, that he did not seem to me that he was away out in Space or anything like that; he was coherent.

Mr. Hubert.

Did he seem to be grieving?

Mr. Johnston.

No, sir; at that time I don't think he was, other than this statement, as I said, that he made "Isn't it horrible, isn't it terrible?"--something to that effect.

Mr. Hubert.

Would you judge that to be a commonplace statement of the day--that everybody was saying?

Mr. Johnston.

Yes; I certainly would.

Mr. Hubert.

Were you the justice of peace that arraigned Oswald?

Mr. Johnston.

Yes; I arraigned Lee Harvey Oswald--let me give you the sequence of them--that's the easiest thing to do. I brought the complete record and I have everything here. The first charge that was filed was for murder with malice of Officer J. D. Tippit of the Dallas Police Department in cause No. F-153, The State of Texas versus Lee Harvey Oswald. This complaint was filed at 7:05 p.m. on the 22d day of November 1963.

Mr. Hubert.

By whom?

Mr. Johnston.

By Capt. J. W. Fritz, captain of the homicide bureau, Dallas Police Department, was accepted by W. F. Alexander who is William F. Alexander, an assistant criminal district attorney of Dallas County, Tex., which was passed over to me at 7:05 p.m. The actual complaint was signed at 7:04 p.m. and I arraigned Lee Harvey Oswald at 7:10 p.m. on November 22, 1963, advising him of his constitutional rights and that he had to make no statement at all, and that any statement he made may be used in evidence against him for the offense concerning which this affidavit was taken, and remanded the defendant to the custody of the sheriff of Dallas County, Tex., with no bond as capital offense.