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Warren Commission Hearings: Vol. II - Page 40« Previous | Next »

(Testimony of Mark Resumed In Open Session Lane)

Mr. Lane.
made by the prosecuting authorities. I will submit quotations--I will try to remember to place quotation marks when I have a quotation.
The Chairman.
Yes, all right.
Mr. Lane.
The authorities who were confronted with what seemed to be irrefutable evidence that the President had been shot in the front of the throat, concluded that the Presidential limousine was approaching the Book Depository Building when the first shot wax tired, because it seems at the very outset a theory was developed by the prosecuting authorities that Oswald was on the sixth floor of the Book Depository Building, that he was the assassin, and that he acted alone.
I think that the record and an examination of the activities of the Dallas police, and the Dallas district attorney's office, will show that the only area where they have been consistent from the outset was once this theory was enunciated, they stayed with the theory, and they were devoted to the theory, regardless of the discovery of new evidence and new facts.
For example, the New York Times stated on November 26, 1963, "The known facts about the bullets, and the position of the assassin, suggested that he started shooting as the President's car was coming toward him, swung his rifle in an arc of almost 180°, and fired at least twice more." At that time, the prosecution case had already been developed in terms of the theory that Oswald was the assassin and that Oswald acted alone.
There were newspaper pictures published in many portions of the country showing the Textbook Depository Building on Houston Street where the Presidential limousine approached. the Book Depository Building, and Elm Street, where after the limousine made a sharp left turn it continued until it reached the underpass directly ahead.
And in these newspapers, there were superimposed dotted lines showing the trajectory of the three bullets, showing that the first bullet was fired while the Presidential car was still on Houston Street, still approaching the Book Depository Building.
However, it soon became essential for the prosecution to abandon that theory, because the eyewitnesses present. including Governor Connally, and. Mrs. Connally. stated that the limousine had already made a left turn, had passed the Book Depository Building at the time that the first shot was fired.
In essence, then, the prosecution remained with the theory that Oswald, while acting alone, shot the President from the front from the back. However,
Mr. Rankin.
I don't understand that.
Mr. Lane.
I don't understand that either, but this was the theory of the prosecution--that the President had--it had been conceded at that time that the President had been shot in the front of the throat. However, the evidence then developed indicated that the Presidential limousine had already passed the Book Depository Building, and the President was not facing the Book Depository Building when the first shot was fired. At that time, Life magazine explains it all in a full page article entitled, "An End to Nagging Rumors, the 6 Crucial Seconds."
And Life conceded that the limousine was some 50 yards past Oswald when the first shot was fired, and that the shot entered the President's throat from the front, but explained that the President had turned completely around and was facing the Book Depository Building when the shot was fired.
But that theory, however, could not----
Mr. Rankin.
Do you have the date of that article?
Mr. Lane.
That was December 6, Life Magazine. The full page article was entitled "End to Nagging Rumors, the Six Critical Seconds." The problem----
Senator COOPER. May I ask a question there--just to clarify? Did you say that in this article that Life said that the late President had turned around and was facing the Book Depository Building when the shot was fired?
Mr. Lane.
Yes, Senator. The trouble with that theory, however, which was enunciated by Life, and from where they secured it I do not know, but they certainly were in Dallas very much in evidence on the scene--was that the week prior to then Life magazine itself printed the stills of the motion pictures, and
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