(Testimony of )
Mr. Ball.
Let's get back to that lineup.
Did you pick out one man or two men that night as people you had seen, as a person you had seen before?
Mr. Mcwatters.
Well, I picked out, the only one that I told them it was the short man that I picked out up there.
Mr. Ball.
And you thought he was the teenager whom you described?
Mr. Mcwatters.
Yes, first that is what I thought he was.
Mr. Ball.
Now you have named him Milton Jones.
Mr. Mcwatters.
Yes, he was--
Mr. Ball.
Now you realize you were mistaken in your identification that night?
Mr. Mcwatters.
That is right.
Mr. Ball.
As I understand it, neither then nor now are you able to identify or say that you have again seen the man that got off your bus to whom you gave a transfer?
Mr. Mcwatters.
No, sir; I couldn't. I could not identify him.
Mr. Ball.
This Beckley bus that we talked about, remember the one that has the starting point at St. Paul and Elm--
Mr. Mcwatters.
Yes, sir.
Mr. Ball.
The same as your bus, the Marsalis bus?
Mr. Mcwatters.
Yes.
Mr. Ball.
What is the difference in the time run, what time does the Beckley bus leave--let me withdraw the question. Your bus leaves St. Paul and Elm at 12:36, scheduled to leave there as of November 22d?
Mr. Mcwatters.
Yes, sir.
Mr. Ball.
Using the same schedule, can you tell me at what time around 12:30 or so that the Beckley bus would leave Elm and St. Paul and proceed westerly on Elm?
Mr. Mcwatters.
He is scheduled in there the same time as I am, 12:36.
Mr. Ball.
12:36. Was that bus in the line?
Mr. Mcwatters.
No. In other words, that bus was behind me, in other words, because when I got there as a general rule, when we pull up there every day, in other words, I am coming in one direction and he is another, in other words, most every day, we will pull up at this intersection at the same time.
Now, whichever way the light changes is who gets, in other words, who gets in front of who. But at that day, I am sure that I was ahead of the Beckley bus.
Mr. Ball.
You are sure you were ahead of it?
Mr. Mcwatters.
Because there wasn't another bus in front of me. I was the first bus down there that was tied up in there in the traffic.
Mr. Ball.
Did you see the Beckley bus?
Mr. Mcwatters.
No, sir.
Mr. Ball.
You don't remember whether he was behind you or not?
Mr. Mcwatters.
I don't remember whether he was behind me or not.
Mr. Ball.
Can you transfer from your bus to the Beckley bus?
Mr. Mcwatters.
Yes, sir; sure can.
Mr. Ball.
Any particular transfer point?
Mr. Mcwatters.
Well, there are particular transfer points, but we don't question anybody within the downtown section with a transfer.
Mr. Ball.
If you gave a transfer to your bus, then that transfer would be good on a Beckley bus any place along Elm, wouldn't it?
Mr. Mcwatters.
That is right, it sure would.
Mr. Ball.
Up to the place where you change courses?
Mr. Mcwatters.
It would be accepted; yes, sir.
Mr. Ball.
Your course is westerly on Elm, is identical with that of the Beckley bus between St. Paul and Houston, isn't it?
Mr. Mcwatters.
That is correct.
Mr. Ball.
And from that point you go south on Houston, and the Beckley bus continues west on Elm?
Mr. Mcwatters.
That is correct.
Mr. Ball.
So that would be a normal transfer point, wouldn't it?
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