Mr. Wade.

to in the trial which I don't know whether I can give all of it but I can tell you roughly that McMillon and Archer were partners and heard Ruby say some things, "I hope I killed the sonofabitch."

Mr. Rankin.

When?

Mr. Wade.

Within about a few seconds after the killing and then upstairs then, "I meant to shoot three times but you all got me before I did," Incidentally, you may not know it but their psychiatrist corroborated that statement.

Mr. Rankin.

Who was that?

Mr. Wade.

Dr. Guttmacher on cross-examination. We asked Dr. Guttmacher, "Well, didn't Ruby tell you that he meant to shoot three times?"
He said, "Yes; and he told me that."
He said, "One time he told me that." He also said at one time he told him otherwise but he corroborated that portion of it. Then it seemed like there was something else said. Archer said to him as he got up in the jail, "I believe he is going to die, Jack," I may be getting these wrong, but they are roughly--he said something about, "You fellows couldn't do it," or talking about the police, and I believe that was Archer and McMillon.
Maybe you all being lawyers, in Texas this is not admissible unless it is part of the res gestae. Mr. Belli sent into McMillon all conversations in the jail that happened 4 hours later.
Under our law if one side goes into a conversation we can bring out anything in the conversation, the rest of the conversation. That is a rule of law in Texas, I don't know whether it is that way everywhere else, and so that was the theory that made Dean's testimony admissible because had been in the jail--time varies from 20 minutes to an hour, depending on who you are listening to.
Senator COOPER. I have to go to a quorum call.
(At this point, Senator Cooper left the hearing room.)

Mr. Rankin.

Mr. Wade, could you tell us a little more clearly what was involved in regard to this testimony? Did the defense start introducing testimony concerning these conversations, is that what you are telling us?

Mr. Wade.

The defense cross-examined McMillon--you see McMillon and Archer stayed with Ruby until 4 O'clock that afternoon when he was turned over to Captain Fritz or roughly. I am giving a rough hour of 4 o'clock.

Mr. Rankin.

Where did they stay with him?

Mr. Wade.

In the jail. They were I don't say both of them were there but they were assigned. there and another person. The three of them or two of them were there at all times, along with your jailers, they were inside the jail.
During this time he went into conversations, for instance he said, "Didn't I tell you that he left his dog out in the car?" He said, "Yes, they did," but this is something that happened an hour and a half after they had, been in jail.

Mr. Rankin.

By "he" there you mean Ruby?

Mr. Wade.

Ruby.
And they said also, "Didn't he tell you about going to the Western Union," and he said, "Weren't you there when Sorrels and Dean came up there, and what was the first thing that Sorrels asked him."

Mr. Rankin.

Did they say when that was?

Mr. Wade.

Well, you are going to find your time varies from 20 minutes to an hour, depending on whether it is a defense theory or our theory, but----

Mr. Rankin.

After what?

Mr. Wade.

After the killing of Oswald.

Mr. Rankin.

Yes.

Mr. Wade.

I think Dean, I would rather you get the record, and you can get it accurate, but I think he said it was some time before 20 minutes to 12 or some time before 12. Well, the killing happeneD at 11:21, I think. That seems to be the best time, 11:21.

Mr. Rankin.

Did they describe what the conversation was with Ruby when Sorrels and Dean were there?

Mr. Wade.

They told, if I recall, what Sorrels asked him and he asked him "What did you 40 it for, Jack?" or something; they knew that part of it but they weren't present during that conversation between--they were in the room