I just caught him out of the corner of my eye---that's the reason why I said it that way.

Mr. Ball.

Did he come in with anybody?

Mr. Dougherty.

No.

Mr. Ball.

He was alone?

Mr. Dougherty.

Yes; he was alone.

Mr. Ball.

Do you recall him having anything in his hand?

Mr. Dougherty.

Well, I didn't see anything, if he did.
Mr. BALL. Did you pay enough attention to him, you think, that you would remember whether he did or didn't?
Mr. DOUGHERTY. Well, I believe I can---yes, sir---I'll put it this way; I didn't see anything in his hands at the time.

Mr. Ball.

In other words, your memory is definite on that is it?

Mr. Dougherty.

Yes, sir.
Mr. BALL. In other words, you would say positively he had nothing in his hands?

Mr. Dougherty.

I would say that---yes, sir.

Mr. Ball.

Or, are you guessing?

Mr. Dougherty.

I don't think so.

Mr. Ball.

You saw him come in the door?

Mr. Dougherty.

Yes.

Mr. Ball.

The back door on the first floor?

Mr. Dougherty.

It was in the back door.

Mr. Ball.

Now, that back door is the door that opens onto what? That back door would be the first floor?

Mr. Dougherty.

Yes.

Mr. Ball.

And it opens where?

Mr. Dougherty.

On the back deck--on the back dock side over there.
Mr. BALL. That would be what direction from the first floor-what wall of the first floor---north?
Mr. DOUGHERTY. Well, let's see, to be frank with you---I don't know which one it would be.

Mr. Ball.

Is there only one back door?

Mr. Dougherty.

Yes; there is only one back door.

Mr. Ball.

Did you see him again that morning?

Mr. Dougherty.

Yes; just one more time.

Mr. Ball.

Where was that?

Mr. Dougherty.

That was on the sixth floor.

Mr. Ball.

On the sixth floor?

Mr. Dougherty.

Yes.

Mr. Ball.

About what time of day?

Mr. Dougherty.

It was about 11 o'clock-that was the last time I saw him.

Mr. Ball.

What was he doing up there?

Mr. Dougherty.

Well, as far as I could tell, he was getting some stock---as far as I could tell.

Mr. Ball.

What were you doing there?

Mr. Dougherty.

I was getting some stock also.

Mr. Ball.

. And were there some other workmen up there at the time?

Mr. Dougherty.

Not that I know of.

Mr. Ball.

Well, do you remember Shelley, Dan Arce, Bonnie Williams, Bill Lovelady, and Charlie Givens who were working up there that morning---laying floor on the sixth floor?

Mr. Dougherty.

Oh, yes; they were laying floor---yes, sir.

Mr. Ball.

And were they there at the time you were there?

Mr. Dougherty.

Oh, yes, sir; they were there---yes, sir.

Mr. Ball.

Is that the same time you saw Oswald?

Mr. Dougherty.

Yes, sir; just about that time.

Mr. Ball.

And how long were you on the sixth floor?

Mr. Dougherty.

Well, just long enough to get some stock.

Mr. Ball.

Where did you go then?

Mr. Dougherty.

I went to the fifth floor.
Mr. BALL. What did you do then?