(Testimony of Henry Wade)
Mr. Wade.
this case in which the State will ask the death penalty, which may be going too far, but I tell them we plan to ask the death penalty or plan to ask life or plan to ask maximum jail sentence or something of that kind.
Mr. Rankin.
Did you say that at any time about the Oswald case?
Mr. Wade.
Oh, yes, sir; I have said that about both Oswald and Ruby.
Mr. Rankin.
When did you say it about the Oswald case?
Mr. Wade.
I guess it was Friday night probably. I was asked what penalty we would ask for.
Mr. Rankin.
When the police made these releases about the evidence, did they ever ask you whether they should make them?
Mr. Wade.
No, sir; like I told you, I talked Saturday morning around between 11 and 12, some time, I told him there was entirely too much publicity on this thing, that with the pressure going to be on us to try it and there may not be a place in the United States you can try it with all the publicity you are getting. Chief Curry said he agreed with me, but, like I said about 2 hours later, I saw him releasing this testimony.
Mr. Rankin.
Did you consult any State officials about how you should handle either the Oswald or the Ruby ease?
Mr. Wade.
I don't know. It seems like I talked. to Waggoner Carr that night, but I don't remember.
Didn't we talk some time about it?
I don't know whether it was consulting about how to try it or anything. But I know I talked to Waggoner's office some time within 2 or 3 days, but I don't know whether it was before the Ruby assault or not. But he doesn't actually----
Mr. Rankin.
Does the Texas attorney general have any jurisdiction to tell you how to try such cases?
Mr. Wade.
No, sir; I think Waggoner will agree with that. They don't have any jurisdiction to try criminal cases other than antitrust, but I assume we would ask for their assistance if we wanted it. We don't generally, and I don't, the law doesn't contemplate that.
Mr. Rankin.
Mr. Cart didn't try to tell you in any way how to handle either case?
Mr. Wade.
Not that I know of.
Mr. Carr.
Off the record.
(Discussion off the record.)
Mr. Dulles.
May we proceed.
Mr. Rankin.
Mr. Wade, will you give us the substance of what Mr. Carr said to you and what you said to him at that time?
Mr. Wade.
All I remember--I don't actually remember or know what night it was I talked to him but I assume it was that night because he did mention that the rumor was out that we were getting ready to file a charge of Oswald being part of an international conspiracy, and I told him that that was not going to be done.
It was late at night and I believe that is----
Mr. Dulles.
It must have been Saturday night, wasn't it?
Mr. Wade.
No; that was Friday night.
Mr. Dulles.
Friday night.
Mr. Wade.
And I told him, and then I got a call, since this happened, I talked to Jim Bowie, my first assistant who had talked to, somebody had called him, my phone had been busy and Barefoot Sanders, I talked to him, and he they all told that they were concerned about their having received calls from Washington and somewhere else, and I told them that there wasn't any such crime in Texas, I didn't know where it came from, and that is what prompted me to go down and take the complaint, otherwise I never would have gone down to the police station.
Mr. Rankin.
Did you say anything about whether you had evidence to support such a complaint of a conspiracy?
Mr. Wade.
Mr. Rankin, I don't know what evidence we have, we had at that time and actually don't know yet what all the evidence was.
I never did see, I was told they had a lot of Fair Play for Cuba propaganda or correspondence on Oswald, and letters from the Communist Party, and it was probably exaggerated to me.
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