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(Testimony of Cortlandt Cunningham)
Mr. Eisenberg.
That is No.----
Mr. Cunningham.
Number--on No. 42, the hammer, on the bottom, right next to the notch that the sear engages, is a rounded portion. That is--in actuality, this rebound slide acts as an internal safety, so the hammer cannot go forward unless the trigger is pulled or it is cocked, because it is in the way. It cannot go all the way forward, due to the fact that--right there you can see it very plainly in the schematic numbered drawing on page 2.
Mr. Eisenberg.
The number you are pointing to is what?
Mr. Cunningham.
It is on the trigger, number--
Mr. Eisenberg.
Forty-two?
Mr. Cunningham.
Not trigger--the hammer, No. 34.
By the way, on the prior 42 I meant 34. I got the wrong number. I was referring to the right piece, but the wrong number.
But you can see this little it is like a curved portion. It prevents the hammer from going any further forward. The firing pin will not come out of the hole in the breech face.
Now, as soon as you pull the hammer back, the rebound slide, No. 30, is out of the way.
Also, when you pull the weapon through double action, that slide pushes back, and your sear doesn't even touch the groove in the hammer, but it just keeps on going right on through. In other words, you are pulling the trigger strictly against the mainspring all the way. When it is on the notch, it is being held, and the only pressure needed, is to take off the sear.
Mr. Eisenberg.
Now, Mr. Cunningham, to focus this line of questioning, Officer McDonald, who has reported that he was in a struggle with Lee Harvey Oswald on November 22d, while Oswald was in possession of this revolver, has stated that--I am reading now from an affidavit, from a letter from Officer McDonald to Mr. J. E. Curry, chief of police of the Dallas Police Force, dated December 3, 1963.
He states in this letter that as he came in contact with Oswald, "I managed to get my right hand on the pistol over the suspect's hand. I could feel his hand on the trigger. I then got a secure grip on the butt of the pistol. I jerked the pistol and as it was clearing the suspect's clothing and grip, I heard the snap of the hammer, and the pistol crossed over my left cheek. I marked the pistol and six rounds at central station. The primer of one round was dented on misfire at the time of the struggle with the suspect."
Now, in light of your examination of this weapon, and your discussion, could you comment on this statement?
Mr. Cunningham.
I personally have fired this weapon numerous times, as well as Special Agents Robert Frazier and Charles Killion. At no time did we ever attempt to fire this weapon that it misfired. It operated excellently and every time we have tried to fire it, it has fired.
It is very possible when he says that he reached across, and he grabbed it, that he locked the cylinder, which I think any trained police officer would do. You want to stop this cylinder from rotating. As soon as you do that, you have actually stepped the hammer falling on a live round, because if the hammer is allowed to go forward again, and it hasn't gotten into the cocked position, the rebound slide, as I was stating before, would block the firing pin from striking the primer of the cartridge.
Mr. Eisenberg.
As I understand it, the cylinder is so interconnected with the trigger, that the trigger cannot be pulled all the way back when the cylinder has been firmly grasped?
Mr. Cunningham.
That is correct.
Mr. Eisenberg.
And, if the hammer has not been pulled all the way back, the rebound slide will not allow the firing pin to strike the cartridge?
Mr. Cunningham.
That is correct.
Mr. Eisenberg.
Now, Officer McDonald's statement that the primer of one round was dented on misfire: as far as you can tell, could this statement be confirmed?
Mr. Cunningham.
No, sir; we found nothing to indicate that this weapon's firing pin had struck the primer of any of these cartridges.
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