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Warren Commission Hearings: Vol. IV - Page 254« Previous | Next »

(Testimony of J. C. Day)

Mr. Belin.
In other words, you didn't put the writing in that says, "Two of the three spent hulls."
Mr. Day.
Not then. About 10 o'clock in the evening this envelope came back to me with two hulls in it. I say it came to me, it was in a group of stuff, a group of evidence, we were getting ready to release to the FBI. I don't know who brought them back. Vince Drain, FBI, was present with the stuff, the first I noticed it. At that time there were two hulls inside.
I was advised the homicide division was retaining the third for their use. At that time I marked the two hulls inside of this, still inside this envelope.
Mr. Belin.
That envelope, which is a part of Commission Exhibits 543 and 544?
Mr. Day.
Yes, sir; I put the additional marking on at that time.
Mr. Belin.
I see.
Mr. Day.
You will notice there is a little difference in the ink writing.
Mr. Belin.
But all of the writing there is yours?
Mr. Day.
Yes, sir.
Mr. Belin.
Now, at what time did you put any initials, if you did put any such initials, on the hull itself?
Mr. Day.
At about 10 o'clock when I noticed it back in the identification bureau in this envelope.
Mr. Belin.
Had the envelope been opened yet or not?
Mr. Day.
Yes, sir; it had been opened.
Mr. Belin.
Had the shells been out of your possession then?
Mr. Day.
Mr. Sims had the shells from the time they were moved from the building or he took them from me at that time, and the shells I did not see again until around 10 o'clock.
Mr. Belin.
Who gave them to you at 10 o'clock?
Mr. Day.
They were in this group of evidence being collected to turn over to the FBI. I don't know who brought them back.
Mr. Belin.
Was the envelope sealed?
Mr. Day.
No, sir.
Mr. Belin.
Had it been sealed when you gave it to Mr. Sims?
Mr. Day.
No, sir; no.
Mr. Belin.
Handing you what has been marked "Exhibit 545," I will ask you to state if you know what this is.
Mr. Day.
This is one of the hulls in the envelope which I opened at 10 o'clock. It has my name written on the end of it.
Mr. Belin.
When you say, on the end of it, where on the end of it?
Mr. Day.
On the small end where the slug would go.
Mr. Belin.
And it has "Day" on it?
Mr. Day.
Scratched on there; yes, sir.
Mr. Belin.
With what instrument did you scratch it on?
Mr. Day.
A diamond point pencil.
Mr. Belin.
Did anyone else scratch any initials on it that you know of?
Mr. Day.
I didn't see them. I didn't examine it too close at that time.
Mr. Belin.
Do you know what kind of a cartridge case that is?
Mr. Day.
It is a 6.5.
Mr. Belin.
Is that the same kind of a cartridge case that you saw when you first saw these cartridge cases?
Mr. Day.
Yes.
Mr. Belin.
Is there any other testimony you have with regard to the chain of possession of this shell from the time it was first found until the time it got back to your office?
Mr. Day.
No, sir; I told you in our conversation in Dallas that I marked those at the scene. After reviewing my records, I didn't think I was on all three of those hulls that you have, indicating I did not mark them at the scene, then I remembered putting them in the envelope, and Sims taking them.
It was further confirmed today when I noticed that the third hull, which I did not give you, or come to me through you, does not have my mark on it.
Mr. Belin.
Now, I did interview you approximately 2 weeks ago in Dallas, more or less?
Mr. Day.
Yes, sir.
Mr. Belin.
At that time what is the fact as to whether or not I went into
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