Mr. Whaley.

At that time he had on a pair of black pants and white T-shirt, that is all he had on. But you could have picked him out without identifying him by just listening to him because he was bawling out the policeman, telling them it wasn't right to put him in line with these teenagers and all of that and they asked me which one and I told them. It was him all right, the same man.

Mr. Ball.

They had him in line with men much younger?

Mr. Whaley.

With five others.

Mr. Ball.

Men much younger?

Mr. Whaley.

Not much younger, but just young kids they might have got them in jail.

Mr. Ball.

Did he look older than those other boys?

Mr. Whaley.

Yes.

Mr. Ball.

And he was talking, was he?

Mr. Whaley.

He showed no respect for the policemen, he told them what he thought about them. They knew what they were doing and they were trying to railroad him and he wanted his lawyer.

Mr. Ball.

Did that aid you in the identification of the man?

Mr. Whaley.

No, sir; it wouldn't have at all, except that I said anybody who wasn't sure could have picked out the right one just for that. It didn't aid me because I knew he was the right one as soon as I saw him.

Mr. Ball.

You don't think that that in any way influenced your identification?

Mr. Whaley.

No, sir; it did not. When you drive a taxi, sir, as long as I have, you can almost look at a man, in fact, you have to, to be able to tell whether you can trust or whether you can't trust him, what he is.
Now, like you got in my taxicab and I looked you over and you told me just wait for me here and went in the building, well, I will have to know whether I could just say, "OK, sir." Or say, "Will you leave me a $5 bill, sir?"
When you drive a taxi that long you learn to judge people and what I actually thought of the man when he got in was that he was a wino who had been off his bottle for about two days, that is the way he looked, sir, that was my opinion of him.

Mr. Ball.

What was there about his appearance that gave you that impression? Hair mussed?

Mr. Whaley.

Just the slow way he walked up. He didn't talk. He wasn't in any hurry. He wasn't nervous or anything.

Mr. Ball.

He didn't run?

Mr. Whaley.

No, sir.

Mr. Ball.

Did he look dirty?

Mr. Whaley.

He looked like his clothes had been slept in, sir, but he wasn't actually dirty. The T-shirt was a little soiled around the collar but the bottom part of it was white. You have to know those winos, or they will get in and ride with you and there isn't nothing you can do but call the police, the city gets the fine and you get nothing.

Mr. Ball.

Who was the other cab driver?

Mr. Whaley.

I don't know his name, sir. He worked for the same company but he works out of the Oak Cliff branch. They say he was the one who saw him kill the policeman, the one who used the policeman's microphone.

Mr. Ball.

Is that Mr. Scoggins?

Mr. Whaley.

What is his name?

Mr. Ball.

Scoggins.

Mr. Whaley.

It could have been, sir.

Mr. Ball.

You don't know him?

Mr. Whaley.

I just know he drives taxi 213. He works out of Oak Cliff branch.

Mr. Ball.

I would like to have a copy of the manifest temporarily marked 370.

Mr. Whaley.

You may have it, sir.

Mr. Ball.

Commission 370, and offer it into evidence and ask leave to submit the original, if it is brought in, when it is brought here by the FBI.

The Chairman.

Yes, it may be admitted.
(The manifest referred to was marked Commission Exhibit No. 370 for identification and received in evidence.)