(Testimony of M.n. Mcdonald)
Mr. Mcdonald.
So I reported to that location Code 3. This is approximately seven blocks from the library, seven blocks west.
Mr. Ball.
Did you go down there with your partner?
Mr. Mcdonald.
No, sir; I had let my partner out on arrival; my first arrival in the 400 block.
Mr. Ball.
He was on foot?
Mr. Mcdonald.
Yes, sir; I didn't see him any more that day.
Mr. Ball.
You went down to the Texas Theatre?
Mr. Mcdonald.
Yes, sir.
Mr. Ball.
And that is what address?
Mr. Mcdonald.
231 West Jefferson.
Mr. Ball.
What did you do?
Mr. Mcdonald.
Well, when I got to the front of the theater there was several police cars already at the scene, and I surmised that officers were already inside the theater.
So I decided to go to the rear, in the alley, and seal off the rear. I parked my squad car. I noticed there were three or four other officers standing outside with shotguns guarding the rear exits. There were three other officers at the rear door. I joined them. We walked into the rear exit door over the alley.
Mr. Ball.
What were their names?
Mr. Mcdonald.
Officer Hawkins, T. A. Hutson, and C. T. Walker. And as we got inside the door, we were met by a man that was in civilian clothes, a suit, and he told us that the man that acted suspiciously as he ran into the theater was sitting downstairs in the orchestra seats, and not in the balcony. He was sitting at the rear of the theater alone.
Officer Walker and I went to the exit curtains that is to the left of the movie screen. I looked into the audience. I saw the person that the shoe store salesman had pointed out to us.
Mr. Ball.
Were the lights on or off?
Mr. Mcdonald.
The lights were up, and the movie was playing at this time.
Mr. Ball.
And could you see to the rear of the theater?
Mr. Mcdonald.
Yes, sir.
Mr. Ball.
You could see the man. Did the civilian point out to you the man in one of the rear seats?
Mr. Mcdonald.
He didn't point out personally. He was pointing out the suspect to another officer with him on the right of the stage, just right of the movie screen.
Mr. Ball.
What did you do then?
Mr. Mcdonald.
Well, after seeing him, I noticed the other people in the theater--there was approximately 10 or 15 other people seated throughout the theater. There were two men sitting in the center, about 10 rows from the front.
I walked up the left center aisle into the row behind these two men, and Officer C. T. Walker was behind me. When I got to these two men, I told them to get on their feet. They got up. I searched them for a weapon.
I looked over my shoulder and the suspect that had been pointed out to me. He remained seated without moving, just looking at me.
Mr. Ball.
Why did you frisk these two men in the center of the theater?
Mr. McDONALD, I wanted to make sure that I didn't pass anything or miss anybody. I wanted to make sure I didn't overlook anybody or anything.
Mr. Ball.
And you still kept your eye on the suspect?
Mr. Mcdonald.
Yes, sir. He was to my back. I was looking over my shoulder at him.
Mr, BALL. Was he sitting nearest the right or the left aisle as you came in?
Mr. Mcdonald.
The right center aisle. He was in the second seat.
Mr. Ball.
What did you do then?
Mr. Mcdonald.
After I was satisfied that these two men were not armed or had a weapon on them, I walked out of this row, up to the right center aisle toward the suspect. And as I walked up there, just at a normal gait, I didn't look directly at him, but I kept my eye on him and any other persons. And to my left was another man and I believe a woman was with him. But he was further back than the suspect.
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