(Testimony of Cortlandt Cunningham)
Mr. Cunningham.
possible that he could have. And depending on the angle, it would be very difficult to find that bullet unless it struck some close intervening object. Also I have no first-hand information, again, but I believe that some neighbor turned in these cartridge cases to the Dallas Police Department.
Mr. Eisenberg.
I believe that is correct.
Mr. Cunningham.
You have received a letter from the Dallas office of the FBI just recently, I believe, setting forth that information.
Representative Boggs.
That would account for one. There would still be another one, would there not?
Mr. Cunningham.
There would be just one cartridge case missing.
Mr. Eisenberg.
Is there any other logical theory which could explain the results?
Mr. Cunningham.
Of course, he could have had an empty cartridge case remaining in the weapon at the time he fired it. Then he would only have fired four shots, and then a bullet is still unaccounted for. That would explain it also.
Mr. Eisenberg.
In other words, if he had an unejected R-P cartridge case?
Mr. Cunningham.
No--a Western.
Mr. Eisenberg.
You mean an unejected Western cartridge case?
Mr. Cunningham.
Yes.
Mr. Eisenberg.
And he fired two Winchester and two R-P bullets--now in that case--and, if he then ejected he would get three Winchester and two R-P bullets, would he not--that is, cartridge cases--if he had an extra cartridge case?
Mr. Cunningham.
If he had an extra cartridge case--
Mr. Eisenberg.
He would get five cartridge cases?
Mr. Cunningham.
In other words, if he had an extra cartridge case, say a Remington--
Mr. Eisenberg.
I was right the first time. Suppose he has an extra Remington?
Mr. Cunningham.
Well, then you would have lost a Western. If he fires four times?
Mr. Eisenberg.
Yes?
Mr. Cunningham.
And he has the fifth one in. You would still have to have three Western cartridges loaded in and one Remington cartridge.
Mr. Eisenberg.
But then----
Mr. Cunningham.
Which is four.
Mr. Eisenberg.
But then you only have to lose one cartridge case. You do not have to lose a bullet and a cartridge case.
Mr. Cunningham.
That is right. You do have to lose one case.
Mr. Eisenberg.
And the case you lose would be a Western case?
Mr. Cunningham.
That is correct. Western.
Representative Ford.
Is it unusual to have a mixture of this kind in a pistol?
Mr. Cunningham.
Yes, sir. Usually they are all the same brand. Although if you have two boxes--- .38 Special cartridges come in boxes of 50. And you will see hand-loaders once in a while. By the way, we found no indication that they had been hand loaded.
Representative Boggs.
Is this a police weapon as well?
Mr. Cunningham.
Yes; and a very good one. Not in that particular caliber. In other words, the caliber----
Representative Boggs.
That is what I meant.
Mr. Cunningham.
38 S&W is not a popular cartridge in this country. The .38 Special is.
Representative Boggs.
38 Special is?
Mr. Cunningham.
Yes, sir. That cartridge.
Representative Boggs.
With police forces?
Mr. Cunningham.
We use it. Most of your larger police forces use the .38 Special. It is a better cartridge.
Mr. Eisenberg.
Getting back to the example we were using before as a second possible theory-- the cartridge case that would be lost would be a Western case, I believe actually?
Mr. Cunningham.
Yes, it would be a Western case.
Mr. Eisenberg.
Now, also getting back to a subject we were discussing, I will
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