SECURITY FILE:RUBY, JACK

• Document Type: SPECIALCOLLECTION
• Collection: Records Related to the Assassination of Reverend Dr. Martin Luther King, Jr.
• Document Number (FOIA) /ESDN (CREST): 00440179
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 368
• Document Creation Date: July 16, 2025

104-10305-10004
CIA HISTORICAL REVIEW PROGRAM
RELEASE IN FULL998
RUBENSTEIN, JACK L.
COPY OF FILE
0261219
(MINUS NEWSPAPER CLIPPINGS)
F.2%.,..4gOiMTINIL-177E-777177-
24 October 1997
MEMORANDUM FOR THE RECORD
SUBJECT: RUBENSTEIN, Jack L.
AIN 0 261 219
On 23 October 1997, the undersigned met with Mr.
Gary Brennanmen, Historical Review Group, Central
Intelligence Agency and Ms. Kathleen M. Combs, Assassination
� - -
Records Review Board. �
Ms. Combs reviewed the Office of Personnel
Security's security file of subject.
Jil) L W. Cur is Chaloner
OPS/CD/IMB
�
/
� r"" � ""'''
g
APR 1980
MEMORANDUM FOR: Legislative Counsel
ATTENTION: Mr. Roger Gabrielson
FROM: William R. Kotapish
Director of Security
SUBJECT: Jack Ruby (U)
1. Recently, Mr. Michael Epstein of the Senate Select
Committee on Intelligence (SSCI) had OC.c0ion to review a .
number of Office of Security files.. During:theevarse of
this review, Mr. Epstein noted a documentaren76 December
1956 which mentioned a Jack Rubenstein or Rubinstein. Upon
seeing the document, Mr. Epstein inquired .as to whether it
had been made available for review during the- House Select
Committee on Assassinations investigation. If it had not
been, Mr. Epstein suggested that we might wish to bring the
document to the attention .of the former Chairman of the
House Select Committee on Assassinations, Representative
Louis Stokes. (S)
2. As a result of Mr. Epstein's suggestion, this
Office reviewed the files on Jack Ruby and Lee Harvey Oswald
and determined that the document in question was not in
either of those files; however, it was determined that other
information pertaining to Jack Rubenstein was included in
the Jack Ruby file. The information in Ruby's file indicates
that no evidence was uncovered which would tend to confirm
that Jack Rubenstein was identical to Jack Ruby. Nevertheless;
-
this Office feels that-it might be worthwhile to bring the
6 December 1956 document to the attention of Chairman Stokes.
(S)
3. For your assistance in briefing Chairman Stokes on
the document, you will note that it is a personal note
addressed to "Dear Jim" and signed "Charlie." We believe
that the "Jim" in question is James McCord, a former-employee
of the Office of Security, and "Charlie" is Charles W. Wiley
who was utilized for a number of years as a confidential
informant of the Office of Security. The index referred to
in the letter is an index originally prepared by Wiley of
individuals whose names appeared in the Daily Worker. (S)
.. . 063994.,
E DECLREVW ON 2 Apr 2 (ID 0
DERiVEDFAOM D9c.1
OS 0 0902
4. This information has been provided to you in order
that you may bring it to the attention of Chairman Stokes if
you agree that this would be advisable at this time. (U)
Attachment
6 December 1956 Memorandum
Distribution:
Orig & 1 - Addressee
1 - D/Security
1 - OS Registry
1 - SAG
SSCI File
Ruby File
OS/PSI/SAG/RMRian (2APR80)
2
, sked me
� to check a Jack Rubenstein or Rubinstein.,/JB. said
that this birt�w-gz acve la t,--h-e----and when
told hira that the index didn't go back that far,
he told me to forget it. �
would, however, like to check what we
have, but as you know I don't have the R section
� of the index. Would it be too much trouble to have
the original slips checked, and those on this man
sent to me?
�
Sincerely,-
19 March 1980
MEMORANDUM FOR: Acting Chief, Security Analysis
FROM: John F. Sullivan, Jr. (C)
Security Analysis Group
SUBJECT: SSCI Review of OS Files
� 1. On 17 and 18 March 1980 Mike Epstein,,'Senate
Select Committee on Intelligence (SSCI) staffer. -,_reviewed-
Office of Security (OS) files on Jay RichagNEJJ�r ---
(0S#172 527), Lee R. PENNINGTON (OS#469 007), and Charles.
William WILEY (OS#343 589 and OS#127 958). Mr. Epstein
also .reviewed Security Analysis Group soft files on
PENNINGTON and WILEY His review of the foregoing is
believed to have been prompted by the recent appearance of
several articles in The Washington Post which have contended
that certain informa-Ti6n held by the FBI and CIA on .
Dr. Martin Luther KING, Jr., would never have surfaced -if'
it had not been for the freedom of Information Act. (S)
2. Mr. Epstein's request to review the above was
specifically premised on a previous offer to make 'these :
files available for review. That offer was made in writing
to the Chairman_ of the Senate and House Intelligence -
Committees in July 19.78 by recently retired Director of
Security Robert W. Gambino. Mr. Epstein's 18-'March review
was actually a rereview of material he had already seen-the
day before. He indicated to the undersigned that he had
returned to recheck certain items. He Subsequently took -
ten pages of notes which were classified Secret by the under-.
signed and passed to Mr. Pete Earnest, Office of Legislative.
Counsel (OLC). Mr. Earnest is to see to it that the notes
are transported to SSCI offices. (U)
3. During Mr. Epstein's review on 17 March, the attached
memorandum dated 6 December 1956 was noted by him. He.
whether or not the now defunct House Select Committee
on Assassinations (HSCA) had seen this item. The undersigned
responded that he was not sure but that it would be checked
out. The attached was written, apparently, by CharleS WILEY
to Jim McCORD referencing a telephone call WILEY had received
from J. B. MATTHEWS.about a Jack RUBENSTEIN (RUBINSTEIN), an
individual said to have been active in the 1920s.. The
DEMVATIVECLBY 063994 i
D EC L. REVINON 19 Mar 2000
DERNEDFROM D9c.1
undersigned recalls that information about this individual
was in Jack RUBY's OS file which was reviewed by the HSCA.
(A rereview of his file confirmed this.) It was never
determined whether or not RUBENSTEIN was identical with RUBY.
No copy of the above memorandum was found in RUBY's or Lee
Harvey OSWALD's OS files, however. Mr. Epstein was apprised
on 18 March of the information about RUBENSTEIN that the
HSCA would have seen and the fact that the memorandum itself
was not in RUBY's or OSWALD's files. He recommended that we
bring the attached to the attention of the Chairman (Louis
Stokes) of the defunct HSCA. While the undersigned does not
believe that this item will add anything new to what the
HSCA already knew about RUBENSTEIN, apprising Mr. Stokes of
the information involves no particular security problems..
The memorandum probably should be classifj,,AAWiiiTi of
WILEY's past status as a source. (S)
Attachment
2
John F Sullivan, (C)
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MEMORANDUM FOR THE RECORD
FROM: Bruce L. Solie
Chief, Security Analysis Group
SUBJECT: RUBY., Jack Leon
#261 219
1. This memorandum identifies those Office.--of�Security
files which were reviewed by House Select-T6fihrftee on
Assassinations (HSCA) staff members in conjunction with the
HSCA's investigation into the deaths of President John F.
Kennedy and Dr. Martin Luther King, Jr.
2. Under procedures established with the HSCA, certain
Re
le lin items of information were not reviewed by HSCA staff members.
gm These items were placed in envelopes, sealed, appropriately
31 MI
3 identified, and put back into the security file prior to
3 161
HSCA review. Office of Security personnel reviewing these
g files should maintain the integrity of each envelope below
r
1 fel so that interested parties may know what was and was not
DS
S reviewed by HSCA staff members.
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t m 3. In some instances, the above files contain material
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i m marked in the lower right-hand corner, with a green circular
tga dot. This mark should alert Office of Security personnel to
1 n the fact that this material was located and placed�in�the-- � nstat
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im file at the time of the HSCA review and was seen by an HSCA DS lee
i m staffer(s). This material should not be removed from the litit M
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MEMORANDUM FOR:
ATTENTION:
FROM:
�SUBJECT:.:
."` .
� � �Uk
40.
3 1 JAN 1978
Legislative Counsel
Mr. �Rodger S. Gabrielson
Robert W. Gambino
Director of Security
House Select Committee on Assassinations
Request for Denied Freedom of Information
Material (U)
1. (U/AIUO) .Reference is made to your inquiry dated
16 January 1978 forwarding a request from the House Select
Committee on Assassinations (HSCA) to review thirty-five
denied Freedom of Information documents contained in the
Office of Security files on George DeMohrenschildt, Jack
Ruby, and Lee Harvey Oswald. The requested documents have
been located and are forwarded herewith.
2. (U/AIU0) Since it is understood that all of this
material will be reviewed by one of the three individuals
who have executed an agreement for access to sensitive
sources and methods materials (G. Robert Blakey, HSCA Staff
Director, Gary Cornwell, HSCA Deputy Staff Director; Mickey
Goldsmith, HSCA Oswald Task Force Director), the attached
material has been sanitized only with regard-to third-agency
'information. However, -the attached has not been declassi-
fied, should not be removed from Agency Headquarters, in any
- form, without prior, coordination with the Office of Security,
and should be returned to this Office after the HSCA has
completed its review of the denied material.
3. (C) If you have any questions regarding the above,
please contact Mr. Raymond M. Reardon or Mr. John F. Sullivan,
Jr., of my Office on extension 1150 (red).
Attachments
Downgraded to Confidential
When Separated From Attachment
Robe 1. W. Gambino
E2 IMPDET
CL BY 063344
OS 8 0179
SUBJECT:
House Select Committee on Assassinations
Request for Denied Freedom of Information
Material (U)
-:Distribution:
Orig '& 1 - Addressee':
1 D/SeCuritY
1 - OS Registry
1 - SAG
1 7 HSCA File:
1 - DeMohrenSchildt
:77-.1 Ruby File
1 Oswald File
OS/PSI/SAG/JFS:jan (24JAN78)
2
rnrr
'
MEMORANDUM FOR: Legislative Counsel
-ATTENTION:
FROM
'SUBJECT:
Mr. Douglas Cummins
Robert W. Gambino
Director of Security
-HSCA
Request Regarding
(U) Action Requested:
17 Individuals
None; for information only.
. ..(U) Background:, Reference is made to the 9 November
197.7 request of the House Select Committee on Assassinations
(HSCA) for information on '17 individuals. Their names are
of interest in connection with the HSCA's investigation of
the assassination of President Kennedy. Forwarded as an
attachment to this memorandum are the results of our traces
on these 17 individuals.' It should be noted that in several
instances, more biographic data would be required in order
to make a positive identification..
Attachment,
Distribution:
Orig- & 1 - Addressee
1 - D/Security
� 1 - OS Registry
-SAG
- HSCA File
- Ruby File
1 - OLC Request File
OS/PSI/SAG/RMReardon:mgk (01DEC77)
Unclassified when separated
from classified attachments
Robert W. Gambino
E2 IMPDET
CL BY 063344
OS 7 4876/A
1
2.. Earl Ruby
rt
� Results of Traces on 17 Individuals
of Interest to HSCA
Jack Ruby -The Office of Security has .a file on Ruby
but it contains only newspaper clippings,
two documents originated by the Directorate
of Operations (DDO), and two Third Agency
documents. The DDO documents are forwarded
as Tab A for referral to the DDO. The Third
Agency documents are identif4a,a-s
_
a. Undated summary of FBI information on
Jack Ruby provided verbally to the Agency by
Sam Papich, FBI Liaison Officer.
b. State Department Cable dated 27 Dec.
1967 from the American Embassy Bogata to the
Secretary of State, Washington, D.C., regarding
presence of Ruby in Colombia in 1948.
The only information on Earl Ruby is a
reference to a 1964 newspaper article.
Eva Grant - The only reference to Eva Grant is in the
DDO document dated 16 May 1968 which is one
of the two documents in Tab A.
'.'RObert Ray McKeown Office Of Security records contain
..references to two FBI reports which Mention:
Robert McKeown who may be identifiable as the
Robert Ray McKeown of interest to the: HSCA,
These FBI reports are identified as follows:
. a. FBI Report dated 25 April 1966 at
Newark; New Jersey, Subject: Evelyn Eleanore
Archer (105-95507)
b. FBI memorandum dated 7 February 1958
entitled Carlos Prio Socarras, et al.,. (109-430)...
The memorandum is addressed to Mr. B. Tomlin.
Bailey, Director, Office of Security, U.S. Dept:.
of State. �
5. rarity Perrin - No Record.
E2 IMPDET
CL BY 063344:
. Tom Howard - Based on the limited,data provided, nothing
identifiable could be lotated on this name.
Alex Gruber - Two references to FBI reports dated 1948
and 1951 containing the name of A. Gruber.
There is insufficient information to make a
judgement that these references are identical
to the individual of interest.
Mickey Ryan go record.
Andrew Armstrong -Based on the limited data provided,
nothing identifiable could be_located. There
is no Office of Security file in this name:
- No record::
ii.ACarenYBennett.Carlin-- NO record ofa.-Karen Carlin.: Two
files were located on a. Karen Bennett. :More
biographic data is needed to-determine.if either
.of them is identical to the Subject of interest,-.
12. Curtis Laverne .Craford (also searched as Crawford)'.
_
:No 'record.
13. -Ralph Paul
1
Three-:,files-were located- More biographic
data is needed to determine if any of the
three is identical-to.the Subject of interest::-
IawrenceiMeyers - No file in this name. Several references.
iexist but.more biOgtai5hic data is needed to -
determine if they are identical to the
Subject of interest.
EdWard Meyers - Two Subject files and several references
were located. -More biographic data is
needed to determine if any of these is
cal to the Subject of interest.
identi-
17. Lewis J. McWillie - Aside from one reference to a 1969
newspaper clipping, there is no record of
this individual.
W Z.1, :IA. lriv/11. 1/4/ v ���� ���
..15 may�196'9(
t
On the heels of the bizarre Garrison ,f �;
Case collapse the New York Times
Magazine of April 20 carried an s.. ar-
� tic e by WIC assassination author
Edwar(1 .7, :iv Epstein titled "The Final Chapter in
the Assassiiiation Controversy?" Epstein conclud-
ed that this ends the investigation era of the.Ken-
; nedv kilg and that future speculation will rest
with authors and historians.
Amazingly, one key factor in the case -has never
come before the public, and has been effectively
hushed even within official circles.
. That factor is the reason whr Jack Ruby was
�given the run of the Dallas police headquarters,
, .
�! even during the top-security attempt to move Lee
Harvey Oswald to a safer haven.
From the moment Ruby fired the fatal bullet
into Lee Harvey Oswald's guts the world press
and opinion makers came down on the Dallas cops
with the most vindictive wrath. They were ac-
cused Of total incompetence and worse, the scorn-
ful attacks continuing to this day. .
Chief Curry and Chief Inspector Fritz, among
other k c the Dallas police force. (con-
Si law en orcement bodies
. in the nationj. sat in enraged frustration as the
attacks poured in. For they knew why Ruby was
allowed free run of the police station.
� Jack Ruby's role in that traumatic November;
1933, weekend began approximately a year and
a half earlier, in New Orleans. At. that time the
FBI agent assigned to the French Quarter had
become involved with a local lady of pleasure.
In Such cases the Bureau yanks the. agent and
relocates him as soon as the situation becomes
� known in Washington.
� The agent was shifted to Dallas, and shortly
thereafte: a memo was sent to the Dallas office
instructing. that each agent cultivate four new in-
formants. The ex-New Orleans man, possibly be-
cause of his French Quarter background, gravi-
tated to Dallas' Commerce Street, the center of
; the city's strip joints and cheap bars.
He of course cruised the Carousel Club, owned
by the Chicago-born -cop buff and self-styled
tough character, Jack Ruby. The agent cultivated
Ruby and eventually felt him out on becoming an
unpaid FBI informant. Ruby jumped at the c-;-ance.
. � In early 1963 Ruby � waS- given final approval,
and assigned . an informant's number and file
(Dallas is DL-1234, New York NY-1234, etc.) This
was made known to the Dallas police, arid the .
already familiar- Ruby became a privileged per-
sonage with thc local boys in blue.
In Washington, Ruby's informant file was im-
mediately pulled, and all .evidence that he was as-
sociated with the FBI at the time he shot Oswald
was destroyed.
It must be emphasized that the FBI was not
.at fault here, and was caught in a situation that
would not have been in the national interest had
it come to light in those trying days. The FBI
and every like agency throughout history has had
�--;to deal�With the shady likes of Jack Ruby in order
to retain its effectiver.Sometirn.cs these con-
tacts go'Saill;tit*Trirn they must be Completely
disavowed. �
But over five years have elapsed since that
Weekend of bloodshed' and hysteria; and in all fair-
ness to the Dallas police the. truth of Jack Ruby's
unmolested presence deserves to be known. Also,
it is a part of history, and it is the job Of 'every
journalist to, tell what he knows when the na-
tional interest can no longer be prejudiced.
This is why WASIIINGTON OBSERVER NEWSLETTER ,
believes it is in the national interest to break this �
exclusive and significant story�another "first"
for WO.
Document 'Number
12 February 1964,
SUBJECT: Debrief �n of PRISBECK
6 or 7 February 1964
Subject reported on various personalities-sha4leardildiScUsSed
ubilp she was visittng Sylvia and Nathaniel WEIL-In'Florida from 30
Decetber 1963 to 7 or 8 January 1964.
JOHN BIRCH SOCIETY
PRISBECK received the impression that the Wila have disassociated
themselves from the Birehitea era have culupletely sevred their relationship
with the Society and its purposes. They do not see fall WELMAN, a Wealthy
man, who is the Birdhite representative in Pnlm Beach,. VOLUM had. entert4ine&
the WEYIs frequently When they 'first roved to Florida..
.During the entire length of PRISBECK's visit and as far as she
could. jrage, the WEYla were completely. isolated socially. They have not been.
aseinil,Ited into the little town in Which they live and their only contadt
with the. townspeople is at the club which they frequent, but seldom..
:TOM YARTUTO
and Mrs. MARTINO visited the WEILs one evening when PRISBECK
was present. John MARTMO nra Nathnriel VEYL are co-authors of the: book
"I was ,Castro's Prisoner", Which was published in November 1963. PRISBECK
has read it erli says it is an extremely interestirg and Well written account
of NARTINO's imprisonment in Cuba.
PRISYFICK� at this point, cautioned the writer to remember that
all she was relating regarding the VEYL's rersrks were rumors and/or gossil,
and that Source had no means of checking the truth of their etatenents.
John MARTINO is the individual 'who carries the stories to Ilat)lirliel
and both John and Nathaniel are deeply entrenched with the Cuban anti-Castro
forces. MARTINO Claims to have a friend in VitamA who keeps him well Informed
on Cuban matters.
-
�oocucntNum 1m-L '12er .1
1,all t'we01.,..;
for FOIA Review On FEB. 1977
' ::1
VARTINO and Nathaniel spoke Of a trip that NARTINO had:r114A
to CUba.with.anikterican newspaper woman, one WIN and. two CIA agents.
Nathaniel did not accompany them. It is -PRISBECK's opinion that Hathftniel,
who is ,a coward, just welshed on the trip, but that he did finance it., .
The purpose of the trip was to Contact a Cuban who waS.:-serving,as liaison
for the four'Russian Generals in charge of training and-'erganizingthe__
Cuban rdlitary. The Caw', who net the group inthe-WatOrib444e0f'
a beach In Cuba, told them-that-the four Generals wanted to escape and
seek asylum in the United States.
NARTINO is going ahead with a follow up plan whereby on a:given
signal, he and a group will sail to Cuba to-piek up the Generla.
is going on a long lecture tour and will not be able to accompany the pick
,
up team to Cuba.
LEE HARVEY OSWALD
The Cdhan:friends of the unnamed inAividualinliirmi know.that
OSWALD contacted., the CUban'N14 by telephone from a private home In3fliami.
They also know the van Who furnished the information tinrOSWALD to. the FBI.
, From the reports given by the Cubans to this unknoWn 1naiA4dua3..�
it seems very definite that RUBY went to Habana to rnIre. a shady deal with
a creature by the name of PRASKIN, who works with the Cuban Cfmramiats and
'who is also tied LID with call girls in Cuba.
A friend of Nathaniel WEIL, who ran for the presidency of Cuba
in 1958, shortly will testify before the Senate Internal Security Sub.,
,Committee. PRISBECK says this Information ay be confidential. DOURWMIE�
of the Committee, contacted Nathpoliel-to get in touch with the individual.
NARINA OSWALD
Nathaniel claima there is more to VarinFt. than neets the eye. He
has no doubts about her being politically involved and also he thinks that
OSWALD's mother is an old line Communist, but he cannot prove this belief.
. Nathaniel knows that after OSWALD. was refused. a visa to the Soviet
Union, he made a quick trip frem Nississippi to CUba..,J)SWALD returned from �
this trip with money and then purchased a cur. This story of his trip to Cuba
comes from a girl in Niami with wham he WAS living when he was in Miami.
JACK RUBY
Dather4el is convinced that he vas a dope.pusher and that he
was used by the Communiats.�
GRIMM.
�
�
PRISBECK advised that It is an old. gimmiek used by the Russians
to instruct an Anerioan citizen vham they' intend to Use to go to the Amarime
Consul in the city in Russia *where he is residing ena say that he wishes
to return to the United States but does not have the required money for hia
passage. In this manner;, when the American Ccelnul furnishes the inlividual
his fare) they ostensibly are giving him a clean bill of` health.
Source alSo advised that no Americaa may work in RUSBILL Unless he
is a member of the CPOSA. Naturallyy Foreign Serviee pereennel and private
businessmen on trips are excluded fl-oul this reetriction. The Party directs
the member as to his. specific destination in Russia. Source recalls that an
� espionage training school vas located in Kiev and that this echcol as still
in existence in this city in 1931, the last date of contact of Souice with'
RIB. Source said it is very likely that the CPUSA instructed OSWA4D to proceed
to Kiev for the purpose of attending the espi,Inage school and that likewise
OSWALD was instructed to act pennileas and request passage home from the U. S.
Consul in Kiev.
Helene inan:
JACK LEON RUBY (RUBENSTEIN)
Sam Papich telephoned Birch O'Neal to advise the following infor-
mation from the FBI files on the Jack Ruby who killed Lee Harvey
Oswald. Ruby was born 25 March 1911 in Chicago, Illinois. He is
a nightclub operator of the Carrousel and the Las Vegas. He
fingerprinted on 5 December 1954 for a liquor license application.
No further details.
Ocieument Number \2453 - 1009 507
for FOIA Review on FEB- 1977
okr :qt
_JACK RUBENSTEIN
,RI File No. 201/15536-8 on John Reed Gorman contains
an FBI report dated May 1952. In this report there is reference
. -
to a Jack Rubenstein, who was described as a Director of_tb.
Young Communist League in 1929 and as of May 1952 was an
organizer in the Textile Union. His current office reference
was the National Office of the Textile Workers Union of America.
His wife's name was Marian. He also gave an address of
99 University Place and stated he had gotten out Of the Communist
Party in. 1929. In this file, there are also references to
George Mink, Earl Browder, Jack Korfeder and others. There is
no collateral information which would identify this Subject with the
Jack Rubenstein who killed Lee Harvey Oswald.
Document Number 12,741 '1008
for FOIA Review oil fEif
tv�
L:04:4
t_Ltit
UNiTED STATES COVLaNk.i131\i'r
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L3 tiCrth- Ilaliotrepa 17;.;caua, 1,26. 2,03, E.co L-' 1c3 California
(0.0 opaoL,a: 2-60!)5-1-
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ura_,61{0.i7,
LA 768�.
DAa-z; 26 U:iy 1958
1. Subjcct calo;iionol tha F2.15:0 c tholiotod ut 1120 oa
15 Lay 63. Gho idcatifiod Lorca:Li:La& a 'Gip- ^ - cAd
tha wanted Ca alc.virt ua to a local 'EV ..o3rcalt icclali-ao the tocY
2. Gul)joct ocated-cLot oha a th c.ly attsr- n idaisan
from Datroit, uarc: iaviccd hat.'-`-n tha.L.U.,
e:1cc�o ird0
tCpC.)3 taor..:20 ad: 5743 Goo. 'Lai" 7-o3 /-1-2.3at6 iLlirot woo 0 _ r
from 1430 co 15.30, Lay, 13 Loy. 1:t waa a11:cd ",..11.�...) Lay,
at 2380. ,Tho cccr..:nd tcpa c:no cad- Tuao.,loy, 14 L.:iv, fl:oa 0930 Co i845.
I.w2.11 La chowa the cc:or:1[43 of 13 Eay.
3. illtLor.zh IC will noc appezz in the. cho-a, Ef.3 CrC:-.Ca caya
that Loa?. Cold Ler f=ily aCtct-ocy, Adoloca, Chat "Procidicat Kennedy
Lad oold that a c7Z13 coin2, to at rid of cLa 07.L1",c2 C;;"13 C1110
rocaca v;;.-.y CIA c.7a3 itavolvcd.
4. Lra. Crchca caya cba 1:nowa that Laza ioe Liar caz2 anti-U3
co.t;-all co cati-cd:mlInIots..atioa.. Gta foal& that Lc :10 oia ou of
1:22.3 way co el:coca pi'cb2c-n3 and balicve,a L3.7 a a Coar...zunie.t. 5:ha
ILa Cr:CZ.13 cicwz cCLataco:Loa of Lc cpix.larcucoo, or poogibly
ca a coral. LIT2.1:43, cocaCo ba .11:vogue-aced by "hippy types", 007.13 of
ia ho jut occzad Co ba
12za. Crtham cd'sibod� aloo cilat ildolCon Cold Lc r that Lana oaid� �
that. LQ.3. Graca wanta. -to buy 'hia -picture, - "auCh Co Judgmant".1-'for IV
thowicg. Lro. GrLiom cayo, � io Ger:at:M.22, aka Lopoa could .ba
pi:ovoatod c.iceo ix io uU o critieiaMO of tha US cud biccorly anti-US.
6. 1,7;:a. GZCI1CM, although &comic:31y nc,i72vono, 77C.n dirc;3t,
cad courccou.a.- Gila Lad ca cczplaint about the. Agccoy, .but decz.-.ied
trna cc:fort-a of Lc..,aa end ocher& Co ignore the Vial:re:a 7..:eparc, 31nvoll.7a
Cha CA and attack the E'DI.
� Document Number ..2�416-7-100
for FOIA Review on FEB 1977 Lazn:al
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JOUgNAL AMERI�CAN 214AN.4.4
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141 Ti E TO IDENTIFY-NOT DEROGATORY
. ATTACHED MEMORANDUM
SEARCH NAMES AS WRITTEN
SEARCH OVERT CARDS ONLy
SEARCH NAME VARIATIONS (Record known to exist)
SEARCH COVERT CARDS ONLY
SR/CAB ANALYSIS OF FILES
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SEARCH SUBJECT CAKDS ONLY
INDICES CHECK ONLY (Do not pull files)
...-SEARCH ALL CARDS
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NAME . LAST. FIRST. MIDDLE (Type or print)
SOURCE DOCUMENT
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,
TT:C.71 A m /7,".�
a,rtment of State
p.
_zzapemtrrai:
CSAUGVV BGA036
RR RUE viCR
DE RUESBG 1ST 27/2110Z
� R 272105Z ZEA
AMEMBASST BOGOTA --/
TO SECSTATE AST-DC
STATE GRNC
Br .
CONF ID %.E NT I A Li- 573/ DECEMBER 27 4FM
RE uSAID PANAMA 351 INFO BOGOTA
2.(3'V
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195 IT 27 PM 4 23
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6
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LOCAL FOLIC: UNABLE CONFIRM ?{AT JACK RUBY AKA�
RuBENSTE IN PRESENT� IN COLOMBIA DUK iNu 1948 BOG OTAZO.
COLOMBIAN IMM IGRAT ION ENTRY AND DEPARTURE RECORDS FOR
NEGATIVE FREEMAN .
ET
Ci7N 573 351 194s
(
Puf� ,iodit
/K.
-eer_eirtvErTritt-
/
ALL YE I-1,R S vvy
ri/Z7
REPRODUCTION FROM THIS COPY IS
PROHIBITED UNLESS "UNCLASSIFIED"
. .
tI jurors
.E.iite*t� succeeds, testrospets In a fruitless
!L3! 331T beonday ected. at the morxinig session,
631ills'the jury box11�::
,
defehsk.::�-doahsel,
. .used. .up his
ose:Ibt more
-..g4vo.'biriv.tr7ctek.
. .
Ofore'f:#0......:,:yused one of.ended, Mr Bell!
, them. � ,
'':..1*,:ilS.14;$1tv.i*,�,wpul-cl,� have
00100i ::E.14::.:Iii'S.i7;:*tiPitra4tr: 04'
lenges If he did nt, he x-
plained, 11 would be ivialheh=
v-664040,02i,uiti*.. fa.*
ial1-JitSr,::!e.inji3Ot.. be
,.. 114 P:**4�.:: that the
,shhtiltr-ba, moved to ,; aoniee elSe in Texas
�, � ,Protested
,
arOra=!,01.i6ti-eit:s far
ewiite 12.kiiteitaittai::10. Belli
4014444..,'ILhaC-tbe.:14.t3f P046-1
- not represent a cross-see-
� :.,!.-4i0-4..gioltes,1..:1144:-:.zap.
mn.,the Yktit40$.,,:.11014tuahy four Negroes have
,...
en calle Alt were'-iezdtised
:60.1..fte."#heY. opposed capital
44y:AgiOQ:Oici.sititii.lahrder
he slaying of Lee ii
t-V00400..;lost',1sTo*;24
.t the erd of
dry processilig, the court
#0.#114ect i4g6f ATenitinieXt.
-eight were left of the
ury panel
mcrae the pool, Judge
Ttallati'50' :additional � ireamorning
en ad swe ifl44 of these
'0'"*k.c...04*e
- for. Yarious reasons, four
,
do,*6.4.40,410.4.:: attest-404; as
poktOik'4311:*:or more of the
,1Steee0.0#/g:IOSS.te.ee'd.: � '
� . _ , , � , :
i secution, which bad
iltirei�Of
thigetts;:. ',:11:00.cv::, three
VOA' '
4rearf.I/M:Belli. by � t.e.
etty PlofidOiai1,04
�.41PTY
-tba'ad
aist ktkopv-the .North
no **go .6,kiiwt the
..ulgauttyipaklgr
'
P�400...k said the Dsthct
0/0,0 ''''� " �
$110,taeltcrOd'O.r:�4?-41.1f; :and
lsr Valetto be said pt4T'. �
Ahrt: Watt ,,y611,2!
e*,!Av.lyllitt4tov-IvaiettO
vp,4101,40.1$411.Ao Jack
-tautY whose .; face litIna i
rea1ed-,a[biaa.,t,��re
as � :
Utor
,0�..,Tetired
i.lesmFU�ree:411OtiOW � a
au;;..:...01tecr-thO,
sto;e4440Ethik::tor:
.:1*213.0d,:'60,11*1-4.011611.:
aditie,C4 .Tt.190: player who I
brOken into the Olehi,!1::�aud
teetriedtheided: for '6,"toc.40.1,y-
iuoideItt
at a man coUld be
away' emotionally 'Be ,
;
,:,� ;,..
� ' at, , �
'04ty.fi.Ni,e'�:that ,,Tapkrtoy ri
"15047A
,...,:e0:1949:41,1k''AS4�4004 )00urnent Numb's)! - � - seseemed to be
" eL,494,U.O�os
r FOIA Review on
,
csae�p
�t4 �.;
wl;tW
,eheY41:1�
suffer 'episodic
Ool Designer Rejected
rher, the defense. used its t
"Jaereluptory � challenge to:'
tool da.�Mr Small s response
�Ot.itiaal.,Patrititie plea,
ihill tried to-.ask, overr
,
c*:belieire', that [Ruby's]
- Communist was no
*rib.A,nepast 'a atop �
0.44.1'4110d,'14/T4eit a
431/*J44*:? .s./#411:110
�0�_!�104*.e*Plat..411e0tietia well
-
th*V.rowing-,questifrt by Mr.
'qan. and unAmern to be
you feel un, z
he jwtO giv:e :04.C4
e".a.''fo�
��.
hriCiUrrs .11
,404,:iich
dby juror
FEB 1977
, e s
it)* iCe, 64
� a,
Th
'AtLAS,
ninthtrial as the defensefor the Jack Ruby murder juror was chosen today
,
,:moire4
4ftAgefej.W.:eleSi.*:-.41#414ii
out of challenges.
But attorneys for Ruby,
charged With-'1iillintAlie,�-.iao,
cu,sed-g:: presidential assassin,
Lee:Harvey Oswald, were
hopeful that District� Judge
,Toe B. Brown would grant
them more than the 15, per-
emptory,:. challenges l ap,A*04.;
The Judge was noncommittal.
The defense used two chal-
lengek,tOday...td run its stringi
chal-
lenges left and three jurors
remaining to be chosen, the
tleferiSelIA'.0A*ApAt.;:lx.,14
p,rdSec4Orki;;'0i01*-P4e(.1one
-
rpereAlptbr:.,0allerige j:36 day
biii::h0Oritsed:, A itotal of only
By the end of. today's
sion, 110 prosect1ve jurors
had been questioned'and it
atoPeared.;:thatiAlf0.: 946/14
panel of 150 might:be : e*.
rn_7;:h;:e.,,--s',.c.,;ri'in:ninth ,.141:i rd. a morn-
ing.
Upon-- by both :'sides Is James
E. Cunningham, 341;:. .elee-
O.orties- efigineer,%of,:sUbirban
Richardson.
..-Cunningham is a graduate
of I' the University of :Texaiit-&.
The , defense MP :pleased kto
hear.- he had taken An
dUCtOry -course � in:-PaYcholnOP
hausted. A new panel of '50
in college: - '
May Ask
� Jurors Who Viewed Killing
� ' �
,fiOMER iliGARTeeial to The wYoikTinc
::
pAilif,As, Feb. 177-Attorneys
for *Jack L. :Ruby laid th
grOundwerk today for asking ,
the, .united . States Supreme
CourttO:;upheld their contention ;
that anyone ',"Wh6 saw �Ruby
shoo44,,ea EL Oswald on tele-':
� visioffiilidUld-bibinried frorn:hitY:
They: went through the fo*,
� Mal* or asking the Texas
Su-
preme Court to 'reconsider its
4-td-0 decision Monday against
hearing a defense plea. for an
extraordinarYwrit.
The. writ would have . pre-
:vented Judge Joe B. Brow
. from accepting as jurors telft
vision -"witnesses" of the Os-
wald shooting.
Ruby's lawyers conceded ther
was no chance that the state
court would reverse its 'unani-
mous decision. But they had to
ask a rehearing if they were
: to carry their plea, to the Fed-
eral court.
QthJuror Chosen
' Meanwhile, the ninth t juror
was chosen for the murder trial
:of .Ruby, - the 53-yar-old Dallas
night-club operator who shot
Oswald; the accused assassin
;of Vresident .Kennedy, in front
of ':televisicin. cameras last
' Volf;24.: �
� ._,..AcCeptance of James E.
Cuiminghani,.- 34, : an electronics
engineer,' came, near the end
of a":day-long search for the
� ninth ,jiiror: !Thre more jurors
� Must he 'found. There is still
hope that the taking of testi:.
imnymay begin on MondeS.'"""'
In' the morning session,
- defense used its: lgth perern14-'
tOry challenge to reject a pros-
,peetive juror who had indicated
reincta.nce -to' accept a 'plea of
insanity in 'a minder case.
,'.Only Three Left
nThat left the defense With
- only three More arbitraft=thal:
lengeS.: Melvin M Belli3 chief
..'defense Counsel, Was certain to
renew his -request . to Judge
Brown or extra onta,
Texas .10* allows both sides
16 peremptory challendes but
gives the judge 'discretion to
grant:More. �
:Judge Brown said he had,
never had a case where either
--side had exhausted all its per-
emptory challenges. He refused
to.!say if he would graiit. extra
challenges hi this case,
.00'OtOt
04,14.4.SWg'.want-your
ii'lteatdf.*::10-W*Iick*
pg.:116...141.3.otit.00,400.,*ofAiV
--0.11V,I'''
�-� ��=�M:'St41 , .
:Be **A00,...
'..AiiI"'
- Assistant Prosecutor .. _
. MO: . Bowie protested . that Mrs.
.,...-zalnes,;ucutA*0040.4004.A40
.,.. iluealori:'' -Iiicri.COVr*./.17.::is: -
. -.1itsiced,:.:lier:;.:1?-6..f",-':fie, -leei.'; -3t:ou e,
.-200:0-$.0:' 4,414*-144C114PArtigl
.j1..09tr'.
.41 tiii[tii1':*io-atat,t; - � ..-
_ . jlitfte'AilOwn....:::tetpO'e,pV to ' :._ft-!.;,:
:Inist' her for -641.0'.:41111:'Itie:'*;�
� ' fen' '-*.tin' 'oblige-C:6i use an
.artjry,:-.criallOge.. -�'.� ...- ..:'...,
_prosecution used the
. . .3.5:AbiWieng0.,:td::::;01:1PALe
_ IA rertee -'. O. i Greer; 4..:;t5 yeEi:p.;�
:,..014,� racioe,e,-...studOnt..ef.,:hTerth
TeX _
:r,iher
, � ;�.0-tate--;g01,141WW:PiOt
; --
WO; -Iirst;ProspedNe-.4nrot
' Whe aeitodloot4yoYaiigk grid
the first Who was not . identified
. . . . . . .
. with religions group...
-'�':1-1.Ilirdif-66Selia'CP:i.0,040n
..'i'i..tO accept .1.0.:7,01�,0174':-Mr,::F .Belli
had named ';',!siiim'e.',1,frijii3ifigbegt*
. .at the""Aeforisel.Ope0 to .T.e-gil
AjgnessOrP;'.' r-Oc1'Mr;:.. Greer
Id . Ii0Ay*-0,1-iiiltik.pi.O.
Ilieriii. ,�:. ,,2 �;!.: ' 7,7",,,,,,,:, .7
..District � Attorney: Wade:: ap-
parently fearing .that Mr. ,Greer. ,
,---:: would be..,-,easily,:infineneisr:133t...1
the - te�ttgiotA., -.01.*100g.c.iisY.-
thologipWfordet$Iiii,disniiiiSal..
.., .. . , .
-
nsut9-;:00(pbk,hotiKantV Minute-
)y;IMMUte::, question in the
oUtrooth of Jack Ruby's
;r1 tj:roUrcler:as::. Can the
ief�ait get a fair Atig?. in
3,a �
120s,
P.q.9Ple
)11 ,
book
servm e court
principals for 1 'few
� meeting many
n p#110i, I will go out
rib. ,
-..vrith this winter
ro
PgC
tiou
vid
dere:
de:
h44.11. ;no'
ehalt
writers,.asmo
researcherforeigners
,c,04.47,tof
. :
10004.ta0-002,600014soft.
�
But
. 001t, .6.'41i:eve:. the Tmo,i
tions of the people who live
:hap-
pe^ ned fir-A.,..oeTicl.:;,q46.1(131.4.:cto
the electri�hair, no matier'
how hard' D.A. Wade fights
the severest
penalty.
And I doubt� if . the most
magnetic blandishments of
the defense team 'will' send
-help*ioi;walking out into
the Dallas ,o
ersonal
e.,54..PfenSe.tattOrneyeiboVe:
tbat it is impossible for the
defOn(lintiln,this case to gefr
citizeit with an outice of
0040,'�#....bwriatiyq7!..titv*Old
)ft0.04*0'.**11-00#001-007.
.),Y1.2.44..i*riSSOCInct.-4-fotted
4Y-2,,ffike-CtitiCistif.ihat has been
10.616*,at Dallas frofn all
p�ts of the world since the
q01..404t
.reicinOtly th IintaStia
chain of events 4.�011.(*eaTILE LAWES' f or .:,
libyhamthed;
.
at the citi
over"The- image of Dallas' and -in
-,
0.;jaCOt':of 4.40it .4op they
are,quite correct
The people of Dallas are
pargcnIpplYi..0rOUc.t.: '`,.�:tPeir.
fpt#40,*ritt,the3iAiiine. be.'5,rec
ogiized for What they are�
di,
of
i1ieni than suffer
handsioi at the
10 144)0*
appearance tourmemoirs or open hew tri
tease dill,chief ;cm:ins-4
Melvin BllL would Temp*
mud check lnta hoSpital
a m
the e;j4ora4Pi:SIM,..
,
4PlecorilfgrtabWi _
take the middle road
They wnt-to befait' they
donl,:mant4Ojispen4fi.sloOp*Is,
Ilig.ti**6#40.1# if the
40"
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opAr
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Pcc;k1.-ilse.& � '
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'94tiOr44.10 :v4SellEtP,V1,
st0'5'1.triVaite::-6S-tois$Nt- ,
t�14 t1401:: N...60,vac
Nri`co, .v1611 tNNels.T
'3;0,O 'e000 0.01 3,1Z` � "i!,=.:
!`131e.e.-66'c�;, NIN.,,��teeas t
11:00e
age, P
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1 Ole e't0cNI/g', ot le'sNle,'IN. eta
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erCvi). ,.:0)1,:t.,cel.sl, 0" t�oo,61 .
> ," t'ai" � Al -vo �
V.Or*-- ta 06;0' elt..Y.
�:--$9.�',1 Oe'si -,c'0% A.11'
0e", -,-'="7 .,.; :.�-$.1k.,es ;
411:61.". ".-.V,pi 6.,e.e'
"ov-a .�;�e'il!. ' 3.J
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A ii�alf�243� ()VI
'e:19 s.`Ct6 V
4 , 1,00�.N2A- nyc.
Mrs McCoIlum1 the mother
of six children, said her hus-
band was a machinist with the
GeoteelMical Corporation, a
concern in suburban Garland
that Makes - siesmographic
equipMent. She herself works as
a secretary, for a building con-
tradtor. She is a member of the
Assembly of God, a small evan-
gelical sect.
Clearly anti precisely, wasting
no words, Mrs. McCollum Said
that although. she had seen the
teleilised shooting of Lee Oswald
she could remember little except
that Oswald's face "had an ex-
preasion of shock or pain."
No, she had not' seen a gun
hi the hand of the figure that
lunged toward Oswald, she said.
She said she had -not formed
any opinion as to whether there
was a connection between Ruby
and Oswald before the slaying
of' Oswald.
. Says Dallas Is Innocent
. She said she did not believe
Dallas. was on trial for the
assassination of President Ken-
nedy and the subsequent slaying
of. the :President's accused as-
sassin. Those events "could have
happened any place," she said.
"Do you have any prejudice
against Ruby?" Mr. Tonahill
isked.
� "None whatsoever," she re-
plied.
. "Did you know. Jack Ruby
operated a strip tease club?"
"What he does is his busi-
ness".,)
Asked whether she believed I
nuby was suffering a brain i1
spasm at the time he shot Os-
wald, 1Virs. .McCollum replied:
"it's believable if 4t could be
proved."
. � "Do you believe a person who
commits a crime in a' Moment
of insanity should be set free?"
Mr. Tonahill asked. .
"If it's proven he's of unsound
mind he should haye treat-
ment," she replied.
."But it Would require proof?"
"Definitely."
Mrs,. McCollum said that
though three of her six child-
ren were under the age of 16,
she would not be inconvenienced
by serving bathe jury.
Her 1.3-year-old son Neal has
Cold, it was learned later,
and her 15-year-old daughter
Patricia, a student at Garland
High School, will have to do the
cooking at home.
By the noon recess, 53 jurors
bad been e.xaniiiia Of the five
... who were questioned this morn-
ing,. two said`-they were Unable
to set aside fixed opinions of
the case and two more said
they were opposed to capital
_punishment, .
Mr. Bell said he had accept-
ed Mrs. McCollum as a juror
because "we like her, all of us
liked her."
"We'll fake acceptable jurors,"
he added. "We are not trying
'to filibuster here."
,
Y FAILS IN BID
TO-1110VE HIS TRIA10
High Court in Texas Rejects
Motion on TV Witnesses
1
By HOMER BIGART ,...,.
Special to The New York Times
. DALLAS, Feb. 24�Jack L.
Ruby's lawyen�krabutoday what
was apparently their last
chance of preventing his trial
from being held in Dallas. -
The Texas Supreme Court in
Austin refused to hear a defense
. 'plea for an order to prevent.
Judge Joe B. Brown from seat-
. ing 'as jurors anyone who had
seen Ruby shoot Lee H. Oswald
on television.
' Stung by this setback, the
chief defense counsel, Melvin M.
Belli, angrily insisted there was
no hope of Ruby's receiving a
- fair trial in Dallas.
He exploded to newsmen dim-
ing.: a courtroom recess: "This
. town!. It's worse than Scotts-
boro."
The outburst came just after
prospective juror number 57,
William W. Holland, who had
admitted having a fixed opinion
on the case, shook hands warm-
ly with prosecution lawyers
upon being dismissed by the
court: ,
"You see what we are up
-against,", said Mr. Belli.
Plea to High Court Weighed
The defense must now decide
whether to go on with the trial
or appeal to the 'United States
Supreme Court, Mr, Belli said.
The district attorney, Henry
Wade, doubted that the Supreme
Court would entertain any mo-
tion by. Ruby's lawyers until
they"had exhausted every rem-
edy in Texas.
'It is futile, he said, to expect
any action at that level until
Ruby. has been tried and the
Texas Court of Appeals has up-
held the verdict.
Mr. Wade accused the defense
of , "frivolous delaying tactics"
iii filing the motion. He said
that the State Supreme Court
had no authority to interpret a
criminal statute and that Mr.
Belli should have gone instead
to the State Court of Appeals.
. Judge Brown said he was not
surprised that the state
Supreme Court had voted unam-
finousiy against hearing Mr.
Belli's motion for a writ of pro-
hibition.
"Afte 11, we have been a
sz:�t
state sine at was it, 1849?'
�and this is first time this
has ever been done," he said.
Mother of 6 Children
Mrs. lVfildred McCollum, 39,
a brunette with soft pleasant
';features, was sworn in as the
'uror in the case at 10:40
5
10.Mtez.
gAft4:t5,W,
idgoCiood,..Fp'o
STsketek:. was made by artist Woodi
Ishinacl
Brown's courtroom In Dallas yesterday, as
eat-it Inroi-iiiii:Seledied:in:AaCit
murder trial. Mildred McColluni, in fore.
ground,. a secretary and mother of six
,thOdieti; Is being questioned by Judge
Brown. � �
, use ,.�,cons er: a
defense-request to dfsqtialify
jurors in-the Jack Ruby
murder4riaLWho were "telei
of Lee flarvey -V,Vr*-14;
sissif'Pre'sident
company ,..e.oitiv,gpsw,
1.Wh44,53.10A0..*only si� challenge
prosecuUQn used
challenge today..
called
dismissed-.
they said
or' the caSe' pr C
death pena1ty
0.0..01111M
of the A'sem
,'md�
trial to continue. He ruled last
week-piwkaiiwiii,0000g60
may be qualified as jurors.
The third mother of
.
six, was:�sen as
�entered its second *took: -PO-
O* ,Ailorneir;: Melvin Belli
:EidoeWct Mildred , :MeCollum
althQugh 7SM .k�ioi.,,c4ot:O:t
the shooting.
But, Belli then exercised two
more of his 15 Y1?-004 OrY.:
are Max E. Cam
VP,O#'00j#k,"-WilY-P
egrig -
McCoy;. 39,
-,engineer
tions quickly an
relaxed and a
"Assistant l?:**.c:
Joe H. , discussed, the
-w#44tW04.01#01
4h- ii#k*prli*.'full tithe.
and, having, six childr�: I
don't have" much time for
-sOnislzaetWitle044.*00.e.d='
two girls, age: from
10 tO.,20.. Her husband,
a machinist,' said 15-y�o1d
daughter - Patricia.would "di
the
g for 'the.family at'
isola7c. whileO Mrs. McCollum is
Gar-
land their home jit
asked. at the courthouse
The defense ,.
her what
she tifotyst of Itoser-
strip-
tease14t h RTsit;s
is his own
business," she-zrep
:Willie.m Vanderereek- an a
er.1
or .,n0Po,
;their
shooting
in T the
ter-OsiOld
al-
assassinated
hn ,ierniedy,. chewed gum
OUSly _aSf.the-,firit week ofleetion ended.
the results of
�from 'the;oppO:sirigL-judge were
"
''�
a jury,
obert
resident
epon ---aseaSkin;
ited..yeetgdgy. that lreo
." reports Oro. been
'44A0Pt-hir :OrSilfte*
COtiinohy before the ..War,
Oiningelbg-
i".'',.Witker'.-!-.�� ignr-
enzie..-40010.,34.e r'osortto4
Standing
e..;:cOnclusion- of
arab:OH-before the
co in mission
"sgep:?Rarl,
assault 4*4
ew York Times
ay which claimed
Stiald-had' made
-efeike -=-Corn-
,
Angeles Tildes"
f. � That he believed his broth:
.eir, Lee:: Harvey Oswald, May
have- '
been trained IS-. a Soviet
' -
down our -throats," chief :de-
fense counsel Melvin Belli
told the -;court. "Cannot your
honorriendthis to some place
where.:,Wa-,Can get a fair#jar.7
- "1 don't think they. Sincerely
want, si4trial here In Dallas
County," District "-AttOrney
not 'even :,sure Oswald had
been shot,' . although, that was
generally' aasurned...
.: But --under questioning by
Defense Attorney Joe
David aid. he weAld. be
with someone who ;didn't
know right from -'wrong�and
Henry Wade told newsmen. "I agreed: he meant-:', -lenient In
'think we'll have one in about meting : out punishment.:.
,more days.
. neither ;-satiafiect..,*r
dissatisfied, neither happy nor
unhaPtly,�.. said District:: judge:
Joe. ' �Brown. - "We've tot
PlentY.;.- of prospective.; jurors."
The man accused by Belli of
telling lies was M. C..
carpenter and Baptist church
Worker who said he read
about- the case -only in the
Sunday papers and saw a "pre-
view" .:-; (he meant .rerun) of the
shooting- On JelevisiOn.
. . .. -
Not sure,* Was
: _
. St
He said he would be per-
suaded by. nothing but the evi-
dence, had. .no opinion and
knew of . reason why he
could not be fair and impar--
'In fact,: David Said. he was
Under, the law of insanity,
such a person would be inno-
cent and not subject to Pun-
ishinent- .
"We feel :very definitely this
Man . has, made up his mind,"
Belli. stormed. "There is a
strong rapprochement between
the --.',.'juror and , the District
Attorney.
"They *ant him..-badlY:;..We
might as well start this trial
in She ;Supreme Court.
"I would -attack, this man's
credulity .and honesty:� He's
-trying to get on the jury."
Belli said it would be a good
time to call for a lie detector,
as had been suggested earlier
in the week but iqUashed by
the judge.'
"We think,'-:.-r-e Sponded
Wade, ., "that this would be a
good time to: ask Mr. Belli and
'1'1:m44.ft...it they are sin-
cere.": -
"We are sincere," retorted
"Gentlemen." Judge Brown
Interrupted quietly, "the' Court
ie.- going to excuse the juror!!
AdmitsOpinions
.Albert C. Phillips,
building, Materials business-
man, was excused for admit-
ting he had an opinion on the
case that would' require -evi-
dence to remove. .
A. -.B. Garza, inventory
� That in Dallas city jail On
'Nov. , '23, 1963, Lee 'Oswald
'defiled- to his brother: that he
niardered Mr. Kennedy�and
that Robert believed the denial.
Allen; Dulles, form's!' ;Central
Intelligence Agency director,
who was present' throughout
R.Obert�Otwald's!testiMbny,llio
told- newsmen that Robert did
hot 'tell the Commission that
he/felt.'his brother �MaY.-'haS-
1;iben s trained Soviet-
"That was not in the testi-
mony,". said Dulles irately. "I
deny that stateme n t, was.
,
made."
,
was released- when ::',11e -
said he would be biased
against applying the Texas
suspended. sentence law "in
t:140;-.
Leon cook, truck :driver,
admitted . he had'formed an
opinion .:.'whi.Ch would
his verdict. :
i...:".:Rxcnsed for opposing :" the
;leatiipenalty were _Lee Oscar,.:
Vil.et't **tress company em
I?.1:0e-. and the second Negro:
Called' up Yturing. the '`.."Xecl.,4.
John A. House, oil production
accountant; MTS. .NOV1Yli T.
housewife;. Josephine:
R. Lee; office worker, and
.Parker; housewife.
In defense.
A-5
23.1L'id
"You know more about the
w than I did when I entered
i schoolfWhere Oct Y..,e.O.t,4e
- sowledge of the law,
int
ir''PntiVen"::�:-AntlAY,1
. .
Might
, .
preconceived
nowledge of the 1kw," Mr.
Tenaliirohtfriu0k."!*hit:40 you
think your verdict would
proved the ,d0,0000.: to 110
"If it's a ipr0v511 fact that
he's Insane that betaken
hito::; booth:1'04000 Mr. David
..- �
Judge Irown asked: "Do
Y61.1
havean opinion : as to the .4".uilt
the, defendant
: Which:. you., could � net put aside"
"I do not, . have ;any opinion
WhatsOeVer;", 'Mr.- David said.
l!De you have an opinion that
BUOY, Shot Oswald?" Mr. Tone.-
hil � l 'asked The . Witness � had
, . . � . .
.;earlier said he had seen a .tele-
' 'viaienteriin: of the shooting, �
'replied Mr.: David:
"May I elaborate? : 'Thera were
se:many:people around I Couldn't
even identify the man who Shat
:hint" � . : � , � 4.�
s ' "DO you, have an Opinion that
�..--PsWild IS Atadnew ":.�xx.
continued.. � '
� : . "They've have to prove in evi-
dence," the veniremen answered.
you have any certilderiA
. tiOn that Oswald . is not dead
and is �working for the:Pi/54, ?:
� The SPeetateta.,,langledlitie
, proseeutien objected to .;fthe
question and Judge BreWnAna;tained the. ohlitiO*.V ' �
Views on Drinking Sought
'The defe"
inMe 'whether. �./.751Wid
thought **did
� Murder.- while. In "
.:drunkenness � shouht...y...:
be pun-
Ished :as severely, as a sOher.
� "I suppose ;..if :.'11 man was so
_ .drunk, he didn1:1"knOW what he
he
'was doing,' there should be
some lenteneyrtherk"'
the car-
penter replied. "I'd lenient
� with anyone who 444% lq,10.W.
right from wrong."
: when 0*..iiiopoli4o*AiO6.
ed to further, questioning along
this toW�06
.� � court: :�-.,.
"I want iiut'V*21:tif
- judge. I want tq.dre*,:informa-
tion as aqtrePtiOU:SlYna *Sable
to see4:what:�lorka in his tii.4it.!!.
Juct.g0.,Brown upheld the
prosecution objection.',.
Mr. Belli was
� "Obviously," he declared, ""this
,niati has it rapprochement with
the. DiatrietAttorney't.,-z:Stalf
and they,*.0ht.:him _ .
efense 'Ceti Through Day
Without Using Challenges
� ,
11y1101VIEB BIGART
to The New ttrik Tinel
,
DALLAS, Feb. 22�Judge 306
B.� �
;Brown delighted 'Jack L.
'HubsPi ittOiqreys. -tociiy by
dis-
missing as 'prejudiced a I*60:
= . �
peotive Juror .who looked as
� sternly righteous
a "'Bible Belt funds:-
: The. AicIte'..0 action VaX.:11, 1)16w
to the prosecution., It�� enabled
the defense to get through an
abbreviated Saturday Session
Without- using any of their re-
roaming ; eight arbitrary.-� 011-
1engeA, ,�� ' ' � `
All the Other eight prospec-
tive- jurors examined:thia .rifern;
ine:WOre also ,excused � by the
Court, six because theY'oPP Died
�capital punishment and two be-
cause they had 'fronted a'fiked
Opinion of the case.
Thus,: after , six tiresome days
'processing, only two... jurors
have been accepted out 2.0t.. 48.
They are Max E. Cantey, Ap
years old, an electronics analyst
:Who , sworn In Thursday,
and Allen W. McCoy, 39,
in-
dustrial 'engineer Who Wes':'..,ac-
cepted yesterday, '
� . , .
� '�10' More Jurors Needed
,...'.Ten more jurors remains to be
- ,chosen before .JUdge.troVin eari
...,00.-..tt the , trial - of ttliby-.i'a. 52-
-: Yen44:01.6:1Delliii � night-club Otter�
ater�indicated., for "murder With
'Malic;C:, in '.�the, ,slaYing,...Of:,:pee
:IL:Pt-OS.1d the � accused gasitiain
-..of "President ,-Ifreittiedy. ,',.,......: ..
'�'� . :fgt,Wat,�,11.� .bit-d ;warning" - said
:. District:: Attornek-Fieiwy Wade
alter � Judge Brown : reCested
.:tw.prcoceed,hipl. Until � Monday
Meriting. Mr.. Wade -said- he
�thenght .it WmildtaktabOtit'lli
, mere ....,ditys:: to Coatiplete, the
jury
.. i'.� :The, � Chief target. Of'...the ...Ae.
f.04s0:.-toit0y..:,*0..s: it.,, ti: bii4d;
.. in .: elderly ,.'earpenter With i
.' .thin, SellOw:. fate sia:.0; tightly
phiched..inotithi':.Mr:150,ida,SS.#.1
.... he 'wad, a ;Baptist who Spent SO
riniOn time Onchiirch.Work that
..-he could net Toad .anything but
. the Sunday PaPer-, � : '
: . ...
'� .7 . 144- David', aroused defense
. auspicienS by Seeming _tea eager
...rto : Analify.:Inhil ....prompt att-
.:-Swern ::tq �prosecution questions,:',...:',Mr.-Dii,vid used such expressions
aS 'beyond reasonable ,:dolibt',�'
al\ -; and ."iteceir ' to the evidence
of the case' ' � pritandhig that
..:he.conld.:render .- :fair . verdict:.
The � " defense ..:,..' o.a.ted ; .him
i'Onglily.'..:;i:Ana.:SSistarit; defense
."-',..00tnie-ei; 4 4.0.4-;3-g.':.:,?,..TOXit4i11; ,. Said.
'::.ifli,,,taiwii....- '-.: .
,
� 43. we;..i.atareF,:.11...7.-0.4 :Inane-4m
of. Pao* here,
ight. as vell start.. our
2.#00):
doesn't reckOn.Oswald is dead.,
I question. thit- 'Si:far:0104Y ;
and 'horiestrY :At.*
gentlernanTtliit�:nien
� diaqualify'..liniselV,
He Said ht-Wauldlas
. Davidto4UhniitAlitli�detectO
test; -but,.-Judge--.-Browniaid711
would net .:perrnik...Ona.JEAO.
.taken. �
ThefjMiga,:thennurprisedthe
. .diatrict4atterney::,,lywiisin
*r.
�-� The defense was jubilant. Mr.
Belli said the: court's rejeatien
� was further' proof* that in
un-
biassed jury, could be found
: In Dallas.
There are still 102 Veniremen
to be examinedin the firat. panel
L...::.
5
it4
- 6C �
3
? �
411
Phillips'
defense c1iarged today that a declaring:
murder jur- to try Jack Ruby "We have the burden of prooL
is being forced down their 040.0
tiiioatcobog' Wily , � .::
th �
members have ielecteck, ,
tb6,firititeek,of his trial, jurors that they are t
�* Oh7.10,�..0000111,00-r,
anymore," Chief740040.�AttOir.: the: iiefepW''OtitO4.
40y.f. WW4W,140g401d**0 igajigEitiosy uecause
-
.0;2,-B..i.,e.**.:.'.110405:*4.4 4,01 iiiii;;.�ilaihig�c....of.i;j5M4.1
forced down our throats. heels. of Mr. Kennedy's .assassi-
Mr. Belli's complaint cme nation tarnished the city's ii
during the examination .� " 'age:,,Ur.:,...]�eitr describe'
candidate Albert C. Philljps, a :building materials employe. He unfairness over thecasi
atititieth04#1407 "4'admitted a fixed opinion on
� .-
1:OhsNTrial litetes
Lee Hai'vey Oswald, accused � Judge Brown even
!b. f:4Pifel�ideli.tli,
cused Mr. Phillips
'lea Is Renewed � jury� because :.
he defense repeatedly has which he was not
sought to have the trial of 52- state. Five other pro
I year-old Ruby : moved: out 'of excused for the
1 Dallas. M!. B�F-404*
prospective jurors
kei 2. Murder trial
'today; :makink,
oaidia410.
ercited its first
�g. a..911
ie District Attorney was
state. hisreasons
Y�candidate.,
,
-Oa; 38,'
tittP10'-:
';;.:vs;st.7-
this court and
e have to live
ants to exercise
umunist. Russia
ed Opinion
camehe examination
harles S. Toon. Mr.
had an opinion as
-. was guilty of
rvey Oswald. He
pressedf a
it several
.efense. promptly nioypci
-e excused'fOr:d.auSe: ,
however, askedhim if he could lay aside - this
opinion.and be fair to both sides
�e were AtOW. in the iPFY:
Toon said lie could. It was
Lat point that Mr. Tonahili
md assailed the, District
`.00,0S4pOitio;
OtriOtAtdge,..4ne.B,-,Brovni
eketitediMiTeein
other three rejected
Wer-e4A-RiChardten 25
asingagent; Jesse R.
lOreinan � and J. H.
tlintifonee-.Moni
ted Angle Probed
*SOO deL en s e:OOnse.):
*OWS. Brody404:into the
liettlen'n `TentaniMiSt. Con,
examining Mr.
Too onlyef those With. an affirmative
'stateTooiv of mind' on the death pen
, . ,Edt. -
...")(0,1r-ereflitterest ,
'Vide had told repo ere
314h0.-*.aa kehhi_ Oswald? that Brown and defense
killed Oswald, ."And�=4,hetnet.:e'..-17.4.ropp, g
Ruby, per aSt:atgalawthy:trisf aagrjeed cannot
haps.? Was:,-, involved - courtm.unist conspiracy to silence be-,:obtailed froin. the current
Oswald?" panel of 750�pIus 150 designated
specifically for the Ruby
There glom prosecution enet4iil.:ibe convened
" --4fict i defense , -
trial�
objections -next wee& � . -
argue that he. queew.on�-. , Dallas 'frninhw 1,Tr or one week. Thus the Prelideil fmnlai. Pry , lit
'pOt'IMP.4 e'.cO
.Toon's state of 'mind. would dismiss those called tor
aits -week.f. end otert, 'again with
After 4,-.Aribrik and., : .
iludg. of: ;PrO6ab1y 650
Brown excused Mr. Toon.protpeetlVe"-jurors.:s s �
..sefic,,46;;-e.3-.,00ohni4.n� gLOgent,,,,E1A4-: t time, Rub; 'steed
Jegga,:.�Itines; �52,..*.forOtna4,:-. lit,:it-,Mii.).3611iS.,reqUett- and ad-
Mr. in hit '--4014-4 il4r9t:-.0e-sett court. : was ona
ductiOikte.'elifettiOnings.-.pr,otp c..minor technicality. � .
tive, juror, said jhdge,..)3row/V tatted the
that Ritit be executed inLion of the--,reentif�a-,:jtiry.:the electric chair, and he asked panel
eoehlt �....posed of 750. pros-
relous;-er edniCieilt0Vs" 150 who are on tall :for
voting the
ty: '
ti: p0Mafient.Ohjeetio
both candidates' -Whet*. ' Whi
PeCtiVe..7.jurors,Yother than the
nation as jurors in Ruby's trial.:
The: judge said he believed it
was -,.'agreeable . to both sides
that the remaining 750 be cx-
said he wished.. to cute& so 'far as this trial is con,
*4-ke':k l)ekrijanellt objection to Cerned.-
6,xn.i4tag:�prO.V.ective V,nde promptly agreed.
grounds.: that :-Thek would not Mr. Beth tone .and .Said, "Mr.
retiirii:Ci...Verillet Of the death Ruby .affirms : this individually."
penalty." He 'then said, ".IS that all right �
"This leaves us. with a panel With : You, 'Jack?" Ruby Tote
1.
from his their and said to the
- .
judge, "Yes, your honor."
14.1:ter the first four prospective
jurors, two men and two wom-
en, were -dismissed yesterday,
Mr. Belli said he is ."finally and
Utterly' convinced . . that .a
jury Cannot be had here."
. But Mr. Wade saicl "two of
the.. four actually did qualify."
Peremptory Challenges .
The two to whom he referred'
were rejected by Mr: Belli on a
�
peremptory challenge�meaning
he was sot required to say why
he refused to accept them. '
Ruby is charged with .the
murder of l.se Harvey Oswald
two days after the assassination
of President Kennedy fivDallas
-
last November 22. Oswald had
bpereneaidentase.uteti of the-
Ruby.;Watched closely as the
fir s t_- jury candidates were
questioned.
The viords "death penalty"
and "verdict of death" Were
spoken frequently. One woman.
jury candidate also spoke of a
"death jury." Ruby fidgeted a
little but on the whole sat still: -
"He .cringed every time death
Was Mentioned," Mr. Belli said.
'Ruby, operator of a Dallas
Strip club, seldom talks with
anyone at the defense table.
Entering and leaving the court-
room, he walks rapidly, looking
neither to right nor left.
e
gomor.,BiciAR
'Spesfal Times
DALLAS, Feb 21�A second
juror was a�pted today for
the 'trial, of JaCk L. Ruby. But
Ruby's chief defense counsel,
telvin M. ...�.
0.04 told a news
havingonfetence this �lng: "We
re not picking a jury; we are
-%:',14040.664.:down our
� After five days of jury selec-
tion only two, men have been
chosen from the first 39 venire-
would
..
...04..totie-.Iiiroti.,1.1*.:.o-
k-Ati(V*0.:':.hSve.:*4., .4*
that number."
,rhe result p:relie4,-,-,11e:
that Dailas could not provide
: fair � ;:.,1*04rti,itujiwjr-T,*club :operator Ruby, the 52-year-old night
OteC*.Vie:
kilgt of Lee H. Oswald, the
A4 ' "�Tx0i4e.lit
� Trial In Session Today
'Mr. Belli wants the trial
ilioved-. to another
epwitry.,.r, inTexas. But Judge Joe B. Brown
said he was satisfied with
907.04e*.#COMOke&i.th0.'.�-i*$
gere#00;i*Siii,riect,*fieri7o*--.-
-"The juror chosen todp,t;.',Vies
Allen "W. Mccoy, 39, an indus-
h-ial engineer. Mr. McCoy Is a
ptIt and -so Is Max B.
Causey, an' electronics analyst
Who yesterday became&uro selected.
Of" 39, veniremen examined
this
:0-0,pf,.4-..p..J.iir,00::.e*Cluiett for
punishment, seven were cUmin-
aced by p�mptory challenges
of the defense and two by pe-
emptbry challenges of the
p,rose�ution, one was excused
having. scruples against capital
sickness and wo:re,:i'ie-4:
for having pre-judged
the case In some way.
ec.*;74Airstocky man
with' thinning black hair, was
accepted -44t,do.Oicso.r..*wsrers
after giving�.t,f04,.x.*0-01*ct.:1,0
them' a ..044540ietW-10***:.1.6
this Ofisierit:,!0%*.tolitt�'f you were'In Ruby's place,
,v
would. you want;,;1:�6 be tried by
a '.patiel of jurors. who are in
#0.0i0ti .0410.'i5f
reply was: "I don't think
ik,40**1$.4ter:�r.047i*,',#
ind � � 0-go?were loaded in
Sthlleat Questions
As . the piL6ceeding proceeded,
Mr. Mccoy's face softened and
at '10 �
ked..11104
0,944t
uror arbitrarily;" without i
ing cause;
.-The defense's 'remaini
� :olizeitgel.:eliffeked fur
tritlon before the
76404:
visioe. film, but he said lie had
not prejudged Ruby.
"Wit11.:G0c,T4 help I think I
could be fair," said Mr. B1Silde
"That's one of the nicest ex-
PiessiOrigt.**XeSiit.;ei*WTO
beeri-si*VeVeVttried.Mr. Belli.
He whispered 'with'
Jack Ruby,
who 404c.10M,then. "announced:,
"We, are inclined this
jurcirl'/'
� The district att�rn
6
dierilis�41641iiWir,
He told reporters late
uso-ct 04t.two tI
emptory' challenges
have 13 left. We can
);i,e-,Seleetiire:po*4!During the morning :
se.s.,s19.
Mr. Bell tOld.,-4'ogoo,4t..9w#:;pw
dofeAge:ihad 'already laid the
gi�ipldvtretjt-Ait Ruby
is convicted.
Insisting that any lu
ti/iw .srio oi aoPmc-:
- - . -
4 wq4.,
titt Atiellik01-
'1-.Tisrlaffiracitkis- As -Miigherite 'Os-
wald was Jack Ruby, who appeared in
court in an enort- to�get his forthcom-
ing .trial moved out of Dallas.
Ruby told reporters that he has been
reading the Bible ("The truth has come
to me during incarceration") and deliv-
ered a disjointed discourse on the mean-
ing of patriotism and. hatred: "I think
. after being incarcerated as long as I
have, I know that most people don't
know how small is the' minority of peo-
ple�in the world who create hatred.
� They are the cancer on our free so-
ciety. So many of our great people have
been hurt by them.
"I., am not frightened. I am a God-
.- fearing...man; but who wouldn't have
difficulty .in my situation? I know that
I face a serious charge. .I am a 100%
American who loves his country. I love
my President. I have intestinal fortitude.
T. want to do so much for democra-
cy . ." When photographers yelled,
"Jack! Jack! Look this way, Jack!" Ruby
.replied, "That's right,- I'm Jack, I'm
Jack." But at another point, he admon-
ished the photographers: "Instead of
yelling, 'Jack, Jack,' say, 'Mr. Ruby,
Min this way,' and I'll be happy to,"
Acrimony: Despite all Ruby's efforts
to gain attention, it was really a law-
yers' Week in Judge Joe Brown's small
- courtroom. Chief Defense Attorney
Melvin Belli and his. assistant, Texas_
Lawyer Joe Tonahill, subpoenaed more
than 150 witnesses to help prove the
defense contention that Ruby cannot
-get a fair trial in Dallas. Belli brought
only 41 of them- to the stand. Most of
them agreed that it would be difficult
to find twelve unprejudiced men for a
� jury; but then again, they thought it
would be possible. Department Store
--Operator Stanley Marcus, for one,
thought it would be "more likely" that
Ruby would get a fair trial somewhere
else but under cross-examination admit-
ted that a fair trial was at least con-
ceivable in Dallas.
- Belli had an acrimonious confronta-
tion With Dallas Public Relations Man
Sam Bloom, who has taken on the job
� of handling technical arrangements for
the trial, including issuance of press cre-.
�
. .1*!A:1E, FEBRUARY 21, 1964
SAM BLOOM 9�11:T�t!g-
4colc at me."
dentials. During one exchange. BlObtiv:�.
snapped:. "Don't -bark at me, Mr, Belli:"
Cried.. Belli: !Don't smile . a me, Mr.�
Bloom." Belli kept trying to make Bloom-.
admit that nallasites really -wanted to�
try Ruby in convict �hitn; and
thereby get rid -Of some . sort of ,guilt
complex. But tlbonx was insistent: "I
don't think Dallas has -
-.Invitation � to Insult. At last, Judge-�
Brown handed down a decision that ,
was at 'best indecisive, He ordered., at-
torneys to begin this week to select. -a
jury. The questioning of prospective ju-
rors,. said Brown. "iS- the true test of
whether this trial should be changed to
another city." If an impartial panel
can-
not be .Selected, he -might. then :order
a change Of venue:: .
That seemed alinost an invitation' to
Melvin 'Belli. Said be: ."We.'� Are going
to do everything this side of inSulting.
prospective juror in Order to determine
if they -do or . do. not sh0.e. ,conscious
or unconscious prejudice." � -
�
�
�
Belli , Charges. 'Filibuster',
'I think the answer is a
buster," protested the chief
ense counsel, �Mr. Belli. But
lge Brown told the ,defense
go. on to 'another- line of
mtioning. .
dr. McBride insisted he had
fixed opinions on the case.
11, did he not have an Opiniort
rut who pulled the �trigger
t -killed Oswald? -Mt. :Tonal
� asked.. � ; ,
No sir," said Mr. McBride.
course he had read in the
rors that Ruby shot Oswald,
� "I don't believe half of what
ead in the papers."
lr.�Belli protested that Judge
min was favoring, the pro-
ution in the selection Of
ors by "limiting us to stupid
stions."
'he judge had ruled out as
nieleva.nt many questions by
defense designed to trip up
spectiVe jurors who said
y could lay aside impressions
y had received from seeing
shooting of Oswald on tele-
'Taxes the Credulity'
It taxes the credulity," Mr.
li said, "to hear a man say
read in the papers that
ry shot Oswald and then
r him say he doesn't believe
Er. Tonahill began again:
ou 'read repeatedly that Ruby
t Oswald,"- he told 'Mr. Mc-
ie. "Are you wing you
't hum Oswald was shot to
They say he!s dead" al-
' 1'
FIRSIAUBTauRoR
...C.11.0SEN AT TRIAL
Engineer Accepted After 23
on Panel Are Reject
By HOMER BIGART
special to The New York Times
DALLAS, 'Feb. 2D--,The first
juror was selected today for the
trial of Jack L. Ruby.
The prosecution and Melvin
e M.: Belli, chief -defense counsel,
accepted Max E. Causey, 35
:year old, an electronics engi-
neer With a master's degree in
*cation.
But at 'lead another week
may pass before a.12-man jury
is completed and Ruby's trial
begins. The former night-club
manager is under indictment
for the murder, of Lee H.
Oswald, the accused assassin of
President' Kennedy.
The acceptance of Mr. Causey
!Arne after 24 prospective ju-
rors' .had been rejected. The
proceedings began on Monday.
Mr. Belli still insisted that an
impartial jury could not be
found in Dallas. It is his conten-
,tion that the people of Dallas,
shamed by the assassination of
President Kennedy here on Nov.
22 and the slaying of Oswald in
a bailee station corridor two
days later, feel that Dallas's
"image" can be restored only
by Sending Ruby to the electric
Must Stay in Courthouse ,
:Mr. Causey, a solemn, round-
faced man with reddish crew-
cut hair, will remain in the
Courthouse' until the trial ends.
Twelve tightly guarded rooms
have been prepared for the
Ruby jurors. During their stay
in these quarters the jurors will
be allowed newspapers from
Which all news of the trial
has been deleted, but they will
not have access to radio or
television,.'':.
Selection. of the first juror
came after defense attorneys
huddled for five minutes around
their balding, 52-year-old client.
Ruby listened with a taut ex-
pression.
He had heard District
Attorney Henry Wade say to
the man in the Witness box:
"The state accepts you, Mr.
Ca-usey."
Mr. Belli asked permission to
- approach the bench. The Dis-
Attorney objected, demanding
that the defense lawyer neither
accept Mr. Causey' or
peremptory challenge.
5 Challenges Used
The defense had already used
np:, five Of its 15 peremptory
� challenges. When these chal-
..\ :lenges are exhausted ithe de-
fense will be unable to forestall
the seledion of �jurors regarded
as ,qualified - by the prosecution
e a
Associated Press Wirephoto
AT WARREN REARING: '
Robert L. Oswald, brother
of Lee IL Oswald, alleged
assassin of President Ken-
nedy, after testifying yes-
terday at Warren hearing.
lowed 1VIr. McBride.
At this point Mr. Belli pro-
tested that the defense table
was "surrounded by police" arid '
that the prosecution lawyers
were sitting so close they, could
eavesdrop.
lie complained also that the
seourity measures were kmore
rigid than at the Ntiremberg
war crime trials and . that he
lacked the freedom of confi-
dential exchange with his as-
sistants and with Ruby.
Judge Brown allowed the de-
fense to move' its table forward.
In their questioning the de-
fense sought to prove that
many prospective jurors felt
the city of Dallas was on trial
because of the November events
and that the city's "image"
could be cleansed only, by the
conviction of Ruby.
Question Disallowed
At one point Mr. Tonahill
asked. Mr. McBride: "If Ruby
had shot Oswald at the scene
of the assassination, would he
be a hero or a criminal?"
Judge Brown, upholding a
protest from the prosecution
bench, told Mr. McBride not to
answer. The judge also over-
ruled Mr. Tonahill's next ques-
tion: "If a Secret Service man
had shot' Oswald, should he be
tried for murder?".
1P7,7400'.0b.
?"407.0.11$Catt
ey,-argned.that Mr. 0.anae
etldeationttbackground would'
enable him 'to 44414;:tthe
significance of the
psychiatric
reports on 'which the defense
base Ruby's insanity plea.
-4. accordingAolvz.de,:,
... . .
jons*.souree;-*-0,,C4ubious. He,
thoi,ight_..110AvgaiisteY.'1Ot*cd,.toocold and unemotional.
'--;..)...0.1irhat.,4;da,,-.You, think?".; Mr.
elliesked his client.1:
"He looks pretty good to ine'
the defendant.
enSeN 5th ChallengeThe defense was forced ' t
2
use its fifth peremptory chal-
lenge to
eliminate the �23ds'pro7','
SPectiVe.lnier; L. B. McBride,
58 years old, a tall1 grating air-
"craft inspector. . �
Mr.. McBride. was qUettioned
fOr more ithan tWo hours. Joe H.
Tonahill,.'.nasistent. , .defense
counsel; 'failed in, all efforts to
elleit:aiiiiie.:.ndinisaiOn. Of. living
� prejudged, thecase. � .
. 'With patience
and good hu-
mor,Mr. McBride replied ',"No"
'-..-.tn:$nch.gnestiOna:aa "You have
a'prejndice' against Jack Ruby,
. ' do, you not?", �, "Did what, you
hear,' read in the papers or see
on television lead you to
that Ruby should.: receive .,: the
death ,,Sentence?" and you
feel that Ruby was not Aerie
.1;_iut part Of a benspire..7?!',
Mr., McBride --resisted, all � ef-
forts to trap :
flatly that: .Ruby. had '_shot
2" 00407
- -Judge' Brown finally allowed
Mr. Tonaiilll to ask:
:
:17f to decide now,
Would you vote- Jack Ruby in-
nocent or guilty 7"
"My verdict wnu1d be based
on the evidence only," said Mr:
McBride firmly. , :
Old)" f17)
v( (
menssieir4, e
7.,:ado-11Old4vpotters our-
rOeSa, that-. Mr.
's threat
-witnesses of the oevaid
wlfk41-Itikei just
"to delay the
is was denied
e;-:-.04d:the*T.44.0tAub3r, who
Iigio*:*atohecus{ige- Torishiltig
--.411146:17i0:41thOli,on-Oouthed
-.�74V4**444#1e4t4V:ii',u*.ret iej_ierC
eaged erriMaland
treatment. : �
L'his-rne4x,',;fe not ,going to
ast.;iniich:.'�Ionger if he has to
-go througlrvith thi�,,! Mr. Belli
, . ..;-tlnrilt.;if we have a
,e4:1440",-Of :Venire We will have
Then-the.,defendarit could get
,*�,..treatment for " dis-
qrders alleged...by, defense PO-
. .0.joyAlt.F: Toilahm said.' ".�
10.--Veniremen Dismissed
� Up to the midday recess, 10
e7prospective jurors � had been
dismissed since the proceedings
.,,tieratt'on Monday. Nof one juror
_been accepted. Judge Brown
WPAed of night sessions and
-a,ptitible Saturday session un-
� less the jury ,'..ri!jection was
Speeded up. r
�,r014..defense had been willing
Accept only one of the 10
C'...Yenikemen,-. He was Prank Mesa,
the ninth man called; Mr. IVIeia,,
warehouseman in a carpet
:factory, pleased the defense ta-
� 111310,7..itik. saying that he thought
Ruby was '"emotionally
at the time shot
- .
Mp# WAS dismissed on
ai arbitrary challenge by the
LiTeoSeatticin. District Attorney
Wade refused to SAY why he
:-.,�,.4Ound: Mr. 1Vieza 'unacceptable.
Diet two *eniremen
'balled today Were quickly ex.,
� .,..�-cused when they said they had
alt3cTlie, third was dismissed
by Judge Sto:ith when he said
. he had formed . a fixed opinion
,��abr.int the case.:: �
� Mailman Stirs Dispute
Then carne Charles S. Toon,
-a mailman, who conceded that
-1.4in My opinion � Ruby is still
Mr. Tonahill itnmedia-
'Olt-Moved that Mr. Toon be
''''diamiised for cause. �
When 'assistant District At-
"tornek, -;A. D. -;Jim Bowie ob-
jected, aying that Mr. Toon
, be able to set aside his
�opinion, Mr. tanahill shouted:
."Heaven help the court, the
'''-'-!natziOn and every person in this
..'''.-cburtrporn who has to live un-
- - ricle.rds."
Judge Stops Move to Call
Ven i rem art as Witness
.Y ilOMER :IIIG.'ART.
,,...... Ailiec!at to The Now York tinaes
DALLAS, Feb. 19-Attorneys
or Jack L. Ruby' attempted to-
dey' -to: anhpperre;-6, :Prospecti*
:1..,,*reril. who sew. the shooting Of
-164-14-. ogwalcv ciiiteleviAkin, as
- ,Et� witness at Ruby's trial. .' .
� '';.. The Maneuver : '� threw the
: C-otritt,O6iii � into.: an .uproar.. : ' �
n, 'judge ; Jae B. 'Brown ordered
''.-.thel", subpoena -cinaShett: The de-
fense -Was,: then, obliged to use
.' 416. third of . its quota: of 15
. peremptory -challenges to .'dis-
-.---Mlis the 'prospective 'juror. -
-�-� The.- Chief ' -defense counsel,
�'Melvin M. Belli threatened to
... .r.S.ubPoene. "all. . Veniremen Who
...�... ., � .� �
...1i;'.-Iwitneise0. :7 . :On : television
ttutoy's shooting of � Oswald, the
accused iSiassiit,- of � President
� ' '.1-Itenriedy Mr. *Belli is
i��I $. ��� r, . -� - -fighting
-7. to r liaVe � the: trial - moved from
t-i,,Dalles.,. Be contends that Ruby
Cariliot � obtain .e fair trial here.
If the defer*: ' succeeded � In
;.:�...1:S.tAppetaingr. potential jurors to
.1i'.7il)e-:"Witnesses.� at the "trial, those
ffilliii:oenaed .'Weiild . have to .be
� removed from the list of. venire-
en,4because 'a prospective wit-
ness cerniet Bettie as, a juror.� ;
'::end insert 4t1i-, graph of lecle
"The wearisome.. � � i . �
Lit-vsret: 4rabs, Writ
. . � . �
Tife; ',wearisstime, and tO far
%poets - search for lniora ..-ab;,
,:ceptable .,' to the defense was
dragging through the third' day
p.Wheii:,:,lop. 1:1,:' Tonahill, � -a 265-�
; ��.`.pOugd law's* from Jasper, Tex.,
! .rose suddenly from the defense
! table; grabbed a.StrbPpena from
: ..11*.coUrt' clerk and lumbered
tnyinii�st,t.lie Witness-hok :- � '
He tried to thrust the stib.;',
:4004:..into the: hands of Pros-
npeetkva:jUror No. 10, B. C. Con-
- pie*, Saying: ' : � �-:.:;:: .
;�'�!:4.ka an .r. officer i of ' the court
.:4�4erYe'.y0.4---J' � ". "f� :.
.".� topowt ': teke::. It" yelled': Dis-
trict.7:Attorney Henry Wade. -, - �
� V.,'.:' -.'4aggs. Brown; Who :had sur-
,eptitiously bitten off part Of a
' i''.';�cigar._..a..',feW ; minutes - earlier;
741:litgcl Als:CheWind..said.'"Itist
A Minute. You .can't : -.00i4s it
here": -. ,- , : -! - .:-: -,.. -, .. : . �
. '. Xr,.. Connally kept his hands
folded in his - ' -
si..,: ....5: .; ,.
r. ,
-ft" e W, : � Served!' .
.�s.1,!.''.. 4q :.toitehed. hum!" Mr. Tona-
Vhilici-�:deciated.' ' "1:10 was. sub,
ebbe:Lig: Hd,: Was served!"
.1.11dge Brown sustained a .rno-
i PLiiiiiii*DiStrieVAttorney Wade
.. . tn. (mash the Subpoena ', ' :::::-
.5-;L- He accused District Attorney
'5W-0.�de of "trying to exercise the
laws of Soviet Russia in this
- Judge Brown put ..W-,giwto
-this quarrel by dismissing Mr.
� . �
..jative of �Governor."-
H. C. Connally, the morning's
last prospective juror, : said he
was :s� distant '-relative ' of dor:
.79h4.4 Connelly Jr.,, who suf-
fered gunshot wounds whil
riding ill., � the. same car with
President Kennedy on .Nov. 22.
_HeV4id'he had not discussed
the case with the governor.
Intensive questioning by the
:defense failed to elicit from
091*113!, *tie is an installer of
telephone. equipment, any ac-
knowledgment that he had)
formed an opinion about -Itiaby.
' Totrahill; seizing
upon the:fact-that 'Mr:. -Connally
had seen the shooting of Oswald
on television, resorted to the
- � subpoena : maneuver, and when
this failed the defense was ob-
. liged to Use a peremptory chal-
Jenge to ti.et, rid of Mr. Connally.
A
A -
A-
B �
C �
isim
Brawn
enaanttOrriey
anb-
,
one sWitchboar
�ma1l
gm*:
ktneraW:1
the tria1'
ore
etinaeiy
een
:had
Idention
inar aai Pro�
order night : ges4ions
� days �tiit.wo
fore deciding wheth,��
a 'air jury 'cait2-13P
���
a
'.1:Ixiife:d P.rege intertip.tionitl'
. ,
orry-Lunclib.pfg;:,,a, librarian, was sketched by ' artiat, ;
nbdi :Islip-Mei as she was questioned in Dallas as a prost :
ective juror in the Ruby trial. Mrs: 'Lundberg was.: dis,
missed after examination.
�, �
��
� � � .
be C6111Pplent witness be ithat `;`�everynne'! thought Ropy,..i
',eauge-56i-vhit- she saw on tele- i was �gni4t,Y.,; '
iii�tOriiid :should not be 'pre-
cluded from-stibpoenaing him.
However, ;fudge Brown over
ruled, him: and -anitained :the
maim-1;4o cjuathe4ubp0ena
Earlier; �:,opposing attorneys Court Ends Dispute
Plasned::::'�heatedlyovert.ques-, ;
Firat.District At-:
tiboipg,g,Ing !math::: proaped- D. (Jiin) B 0 W i e,
tiVe 'finor; ',CharlesS.:TOon,, a
CP l't17 fit
� It was still the opinion. ofi
Tootti:hrother df. texaa, high
waY patraman, that RithiisI
guilty, although he thought he
'could lay. the opinion aside. '
1/
, ..JACK P',W031 p11,1':��:;
ii.64.1-,;:,,rriipikiiifit*' ,:,�-�
. .. ' 64.'sr:4Nyi;404.s,!'e,t,eielz.
� . .: . ._
Ruby shot
Lid last 0 attorneys began
Nov.to the :,7,,p 21::�eY*
eittt:':-.?'?0.�:-:'
-4 :,-t- prospective.':'.ilit9r�'Pj-
diMtti:#,St!' 4:art-oed.,':#6t:',S4,iyOrie
was,.,or,0_.,foreRiT4,,:10, :':',. :: : .4tt4',0,, ,�:t ;..prosecution.1;.;3, witnesst::::. ,:0;ii.:: : f, : who" ..i,!iiii. ,.:,, , 0, . . ..' -1 , ,,: Procedure ttiii* .ito.. . established t ,krra,iitttie contend-
ing,sho4-640todvtthiO.siyottAtte.::th.:uEt'sittpee,
-0.0sioied,,-,';N:ipi.Otdir7-'.':,',eiiidenbe, �
little different fiat). ' : reading
about the ::,:ettent:'44,7.the' ,news-
Patiers;:�,:�-::',',
;.:z:�utidie-fziyt.'13:'� 'Brawn, has not
1.#0:-.4.:.*..4.10,a ::.iiiligk --)cin: :the
assue,,,,gat,,:',.A5Theny the defense
moved to lehifill.engs: candidates
feiythe:. j4.st.,.,-; on .. the besti'; Of
*hattlitfr.:,:, had-','Seen,-:7-Ofi, tele-
vision, the judge ruled ,:against
O#W. ,.-i*O of .. the four jurors
ee..,tnitied' and '.4.6eied'. today
gave;i'detalled Eioeopot of *hat
they had 004:Wt4leviiton.'Itoth
said it' had '.'1:g.):t ' been possible
tO,;''IneiteT6,:::,positite, l.deutifiCk-
401'..,ot'',:.*.14i4st:.,:lrolT.1 ,.#9.-IsLow,
i6.6tioti rerun of the Sheethig
that .'they,,'; had. seem
, . . . ,. , , ,
f4:.,Ot of Confusion'
..cOhlit'see 6,- loan...,:ixi 6, hat
_ ,.,, .,._ . .
irietTe.,21.or*Srft...6,Od ; thee:, ,A '.. let
Of .-eciii.fgato."1: Said iiithird'' M.
Stone, an ,-IridhStrtisl illustrator
l*hti,'*.aslhe:fitst witness.
40.0,:-. '''' Sheki":.:Luiidbeiv,..;:.
3r5,04t-,Pka.#01,::said, she saw e.:
figure who "just sort Of : .,-ap-,!
ip.,047',P, cl "'Sind ,-...p.loyed out . stOtiod
P9b/*,'-':.... She said . she -, had .�:.6,:
, ;�tagoe'hripreistotiAhat:he was
*estaitie,s.,ithsit.Plike: coat!! She
added, "I could be mistaken."
. The announcer's comluentOy,
'IdetitifiedA4heL:'-toS3.3� as Ruby,
St$:_;.42ridherg:Saict.",;:-,'.. -'�:::::: :,..... :
' :.;"?t '',-., 1hp', �j.p;oseCUt4Ou'o ;,:r. !tie*,
seeing the ,hroaddiSt*OOld:''he
*to0d6' to eliminate the :Idiot
only if it could be established
that what � television : had ::ghoWii
would influence him. in finding
!4i..,:vvfitojets.: : . ,,,,,:. : ,.. :, '',.. ,..- -: : . .. �
: .,,J-O�;.14.,:.:,con*,,ersatitSi. z:with re-
porters, lielyiii:X: Bell.V.Oubea
:cl�Li:pf.,;,';*ttor.0-sr;...,,s41.4 :. that, . the
1.1a*:;�.wif`atelitife in not � tsI0,
ing:� notice .. of the development
of,teletraiOit:;:, : ,. ,
(
LL was a time whe
Ite..rtf,91*
'BellitweeS#
��44_
64606
the WI
lam**
has produced401!�eii
4:1itti
. The effestof tel�4olirtitthe
-
jurors was1 7-'3C
AtOhelnii0therOkitteetlo
"Would you please -
yourepospience, Mr.
asItedAlihi-;;",e0t4iw*he �it;
YOu'lfeel-,4110:4*W
times do - on television shows
thSt.',4WiniftStA4g:a',4'rti4he,*
.40,,the'.-defeoseT,..
tel'etLir "*!rtr;a: c;:hjtilifonel'ilitli :;"
."Fale,ehe-h-th;!!lir,:Bent,:dOie:-
eSted.
'DeionsEryies:Vp 2 of Its tt
yQii/xi* *GAST
spfoiii to Trie-NO York Tint6s:
.J.El.ak L.
n#1;!Se,S..; lawyers : forestalled : the
0106.46115.:-,-0,,.....a.o.:.;.j):,frors -today �:
gOi:-...;.1ilW:trial 304 .the .killer Of
tiee�,:lvootaicv accused assaa-
i*,at president Kennedy. �
But it was a costly day forthe defense. In their struggle
i*TDiFelientAhC teal; ftoixi open-
ing they .eadi,.
teng:-"IttitiYlarinet :find an
oattki40,4':rie 'defense lawyers
had. to use;',tirSO of their 15
arbitrary challenges...
They 4000.1 the diiiiiiSSaL of
theliitseftWe' prospective jurors
after : aodger�. Tee "a Brown 'te-
fuSee.'!.te, them ."for
� :
A third prospect was dis-
fcliarjeet.t.00anso he :bad.: uusiTs
about capital A
flolotb,'*ags,'sliOnissect on a de=
ItenSO.',;,Ofilleng*thaC..nie,t no 0b,
jeetieiviroin. the prosecution.
So, after two tedious days
of processing potential.. jurors,
not one has been selected. At
the present rate it an-
other week the chief:de, !-
� Ofie:0'.:?connse4.';*.eliziu::;:x. 7.13.01k,
emptory challenges.
Causes Overruled
� exhausts the remaining 13 per-
� Then he can Ontinue to chal-
libge;tbar-liirofa:;fOi; cause. But
the causes Mr. -Belli cited to-
1:.da&:1,,-r4Incindhigithe;:�:argureent
that those who saw the killing
of 001.raid.,,�..on.'television had a
filc-4,-.1:17o4i7i*,:sif:.-!RubyS *dm,
were, all overruled ::..bY 'Judge
- � :
.�:.;::::;cok:.this:,'baSiSi...;.Distriet: :At-
t00., could ,pre;.
diek.tnet,=wuty*oidd be � com-
pleted.Ny.ithititweveehs,
z4a0�13r0.41krtzlOcrtilis
juror could net be
!disqUalifieCiiinor. ::because he
had witnessed the shooting on
television. Thin seemed 16;:,ptin*
ttite- defense 'hopes .rztioVing
the ,..itully4jal,t0,.. another � �
county.� :
,All the 14.6#0,oitve,, jurors
who atif4eiated;;:today....had:, seen
teleidSon films of the.. Sheeting
!offTrsvirald:-byi:',Auby
ment corridor of the Dallas
Police Department on Nov. 24.
� In the,-.00gaaiehta, dateaaa
lawyers contended per-
son who saw
an event tele-
vision �waeo less
� 8Arithe4
than an obs?rat the scene.
4klUitted Debate
They ifici:ekie#441�3y with
tbe�Aodge54447:tbe,:��:distritt,
torney in an effort to dismiss
PleArStiitwo prospective jurors,
Hill� iard M. Stone, a 35-year-old
!Ahisti;a 'Cherry, the middle-aged wife of
Alt*
oaui
pAtagc9 1/1�p
But fleE
questioning of Mr. stone,Tnot
biO:t4sOW:ar4i:,!j00 H. Tonahill,
-
:ifl his interrogations 'of -
thoty;r; 010 tqt�Jbpin:::,V.,say
010 ;hact tprni.eq4-V44';40)4gThe fact that Mr. RUby Is
''.�3 � "
Jew was touched on lightlyi;,;)*
Mr. Bell.
:
"Do you
110.:7,dl'443PiPrekidie0
ubeet.biSlielOnglig t0',ak minor
oy,tatOV-.c'.fie'..a-tk:4ctWttt0i,
-.6146114 iiiii4066**7::,ge.stoi*
said firmly.
� ;The third prospective juror,,
J
; -E.
seleainan,:.*AS::tiotortly::*c000d.
by Brown when be ex-
pressed scruples against the
400.t4 peoaltv::'
He was .faiyiwace?*:tile"*44,.Lundberg. a pretty brunette Ii-
ness., stand by Mrs. Sherry
had alieth'.iiirret0
:deOt.:41..nd �work e4gOI4�740,tpin
on her blue dress.
She-was dismissed TrL'e..:61ie,1=
for .cause by the defense
tvhen.:�:s4e: sale she had seen the
shoting ontelevision and had
I�50401.:;'the opinion that Ruby
shot Oswald.
This cahallenge raised no ob-
jection from Mr 'Wade, who
told 4te#SInen .hethought Mrs.
Lundberg was "too young."
At the defense table, Ruby
listened tensely, his hands
'�elaSpecr tightly on his lap. Re
';.*ra.S.eiitisidetablyleSS*niniated
; than he was yesterday,
chatted volubly VolnblY:ta his lawyers
and the press. �
His face had a waxen pallor
'And loecasionallY, beads of.. per-
spiration, appeared on his
The courtroom- was clammy.
with the tivntli60: 04a left' -O
because they had emitted wheezing, faintly derisive
At. the end ofAlik*V:: TO
sow'sdit'oi.tibTatiOtiWit of th
PiNispeetii,r.e.:i jutetS:::::�!,!ptoyide
nbialiitCbiaeltbOOrf :TOW '.o
*bat virbeir%V
asked for *einte.'
"I don't see he* -..anYbOOY
eoul&thilik:*re-could;get.:4:fair
trial hike:" he declared.. � 5
� .
a
Jac u y s lawyerS today
7a' :60Piii,Tria,ve to;liar
frOMAida)riVid44UrYanidni
o watched on television
pie ell;:h-a-,4iiits tee Harvey Os
owever, the first,:four
prOspeOtil,i4tirOrS. .Were,
.tase anyway:
*ide,i',..r.fhe:-:-stat6r 'accepted
andidateS as jurors. This
)rcecl the defense to use
P,OiniPtOry� ehallenges�10'.:1*
'enii.:Withtint.tiving 'any -yea-.
'
The., other two prospects
� .. � ,
were excused by the Coy_rt.
..,� one because he
PrCis:'] tions about.ihedeath'penalty
1,state, the
specialty sa1e riither .becatise.,:shehad�.1Ormed
man with reser- an opinion on the .eate.:: ' -'�� �
The one with the -opinion
�could
th
elppers grew short, oi
iareit'an
*tot Aittainer:
Wie tried
� y eoui
"Anelast
rown
,
repeatedlY,
0, .04, things: � clown and,
ally declared
ro'6'eitiWt: let: this thing
ott;�,-:s.Otaf:filapLdi Gentlemen
.00.10.1jcidY's,:going.. to : have to
rtinthiafeenzt and-IthaVS.;_going'
*as, Mrs. Sherry Lundberg,
22, a. brunette bride of six �
months. Her dismissal was
1.016.Weer:$k:;
-f:0.*e*W-
� ... � ,�
a fierce exchange of argu-
theto
off the panel the -Ark
o jury..,,.:$4clic14:64;.111Tiiiiaid
articulate : tech-
nicaliP1*40,,::f0i, an aPro-
aniplaiitYandc
arrY1-�k-58-year4ildThr,uhettel-
ouSewife
� � ,. � . , ..�
Both testified that they
-Dallas resi
dents and television ' viewers
44:40.;:st.46...10tiaki-.*ateheti
1asLJTov 24 as Ruby Sfekied-
triptita crowd at DallaS, ;Pe-
[WE',40.aacinaitera and gunned
isaaS.7
kin.','Of4:1?,reaidept Kennedy': -
g.,1.41,040.6,:44Z.BroWn refused
�tp;',a,Oe-ept.thiaaa: a,-;reasoii for1ismissang them The defense
04-hOpe.,d,p:ffirther As. claim
at4lie,-*Year-oid'Buby can
fih,t,-tet...:a-4aWtrial, in ballas...
W'04)�thig -..WaS":� the first
murder ever seep"live' on,
Melvin Belh, chief.. defense:, cointiaerzlor.4:-.,Tan
peared in,00d humor yesterday'ras';he chatt
;porters before the start of theeW'dii.,:iirltu
,
in regard to what he saw on `-
televiSibn:'
' "d you' put' that out lof ��
.yotit iiid -and enter the jury
ibo.x itli .:, a free and --.0eri CS.
klf414..(, 0
1 C� 1
I ::''sf6iie'zig,"ii0-0alt 43.itts
t9,17:that he considered
warranted the 'dda
wOu1tryOtelOr9.
Wade pointeth
0076:
o� the-jury to eon
th#,.1000C-LP'
turned r.?
two years
Th'edef�
I
Vationa against 'capital pun-
.ishmeht, which the state has
deManded , for Ruby.. Judge
dismissed him after
only a few , queStions..
,
� T h e television ;question.
arose , With Stone;-, the first
prospective juror to be called
,
in the case
".Seeing" the , reconstruction
On tele ision 'is just the same
a's being there,'! declared De-
fense Attorney Melvin - Belli,
He argued-that es a Witness
to" the chine- Stone should be
disqualified as 'a juror.
ABOWed to Continue
However, . the State coh-
tended that .:"a witness, to a
death: is, not disqtalified under
Texas law,"
, 7.4odge.:BroWn' swung' around ,
jri his high leather-bacied
chair, and demanded Of- Stone,
or Rtib
oseph Bratle
dcl to The IsT�ew loykTimes,
AL:LA' S:;.-.::7013..:11.7-When
Judge; jOePk,,1-4.r.MitieY
,rown began presidingover
the murde' trial' of Jack. L.
Rut tod:
ut: the,.judge.i iiOtthe
only.T-persOn:1;diSeiniiforted.'y
:111SicSsIgi.Mleil4;:-.%thrOtighl an
automatic kAtStiext system
among e.diOttlet4udges, to
business
iir-*0-,JaglifiCtave been
T.,Aa0enting, theA hard man to04,0 Ittncting the -refuse
; .Ass&gritted,PI�eks 2
TAst, 0,�k
7
Ples70
!.-
he
recalls. .
_ . .
: With his hearty handhake
#4a. -
*1.4,1.i0t4e.;%"1.300%.17p.00,0*Ititcol#334,i,
' ,eirxr "
narteoti
e, the 55-year- ISS hear ;, about Judge The judge .A.�rpoessi=7,-.7has stopped . . mo
yes no clue to :4..Another, .case recalled in inirlted--77tier;:.;4#040s:;,,Agx-e7rotan7Altwa-4-77.1.-67.7hic
lack of which a ruling thO judge Vera brought Oi.*:ili*Uainera4:athasied::ni3Ore thetV201kPiPeS�'.i' �
Sees 1#030.)zallendectaiy)..-40tePae,atzv.. e-,nd'persuadedlierititPpb.* set-
.14a#. :i0::�:-;:tor.iieyt;10.dgeRrOWiuffereir: photographs. Although
carefully to van a recess, go: down the. ,;�,:gart,..remained..:.,ful.
-ieiMii/;,-Withh::-hutrior::.::: behind hail and cheek his rUling-With-': ' :the- incident did not �e:
Offi4IMMealla.s$eatMd his � another judge. � :Public :notice: The story is the
Voice:la:soft and resonant. ,"They f Say i:,tirpt :thbl" newcomer Critics, however, . .. � . � � . , . . . . .
find his � mai court;:thejlidge said re- - � -
60iittroont'Mardiei eksy4oirik: ceAtiy: : that
to the point off:lett:comedy knoW,ii; I try to:
:-.They'f*So',,:!'0.ntencl..i.::that. he, treat everyone with conr-
either'46ei.uot know or does. of the iaiv.
�not..-eare,rfor,,:the Pn-,a ;points Dignity Maintained
- 1: Judge Brown conducted the
� preliminary 'hearings for Jack
his earlier judicial man- Ruby; Whd�Shet'and k111edthc
ncr was casual, it �faccused : assassin of President"
JUdger,:., :Brown's � 'attitude Kennedy with self-conscious
te*StrClife. a 1931, While he was work- Judge -Brown's broad tea-
144071k:railroad, rate:clerk,, three remained ; impassive
he Met ;is,..'frien.d: On a riall:as,.4.:,preugnoutr*:-.the , hearing �al!.
street . - . . though privately he confesses
"He.to;c1:.flie he .Was:goiOg::-.':to::::::being 'fascinated by :::the
down to oll 'in 'nightlaw. case His gavel . cut shert
courses at Jefferson TAU:vet- ;,....0107.�ehuckle from the,
�
With .17oraop#0.,piroulatpd.tiAat
When he tvai-YgratinitW'',Dellaa leaders had threatened.
. three :years later; -Joe Brown :. to ;silt an opposition a.,ndi-
z,tiMin.:ffor:Sitatice of ::the Peace. date in this year'Sr-jUdicial
; it the Oak -Cliff section of the:. race if Judge Brown did not
.city. He elected and began ;.b.ei.i.ave. But the filing . for his
moving. up the.lucliatat,i0detz.*Oce,,,-.: judge of Criminal
Without.. ever haVing'44tini0c1.-...00tirt5't:OttlAt No. 3, Cieigek
or argued. a .Case. judge has'te4
11.0 reached his -present -restielned, and wary
in 1956;; When he unseated a': -of publicity. �
:n.nrritipnt.As relaxation, Judge Brown
frequently plays. bridge , and
..fishes when ..he has�the:titne...
Abotit three times a year. he.
goes deer hunting, but he
*Orctivd
d- iiieded e_fa
Justice of the Peace in cisk.
diff,4nd.4.ixgrandehildrer:1
60-
/�/, fisits
V.
si(e664
�
LIFE
Vol. 58 No. 8 February 21,1964
As Ruby goes to trial,
th-eliint on
before the court:
WAS
THIS
MAN
SANE?
�
The thoughts of a man who has
committed a singular and terrible act
of violence can only be guessed at
�never known. This extraordinary
picture of Jack Ruby was taken as he
was leaving jail for pretrial tests by
doctors to examine the physical and
mental condition of the man who shot
Lee Harvey Oswald, whose own bi-
zarre story is told in remarkable de-
tail beginning on page 68A.
As the hearings that preceded Jack
Ruby's trial began last week in Dal-
las, there was no possible doubt that
he fired the bullet that ended Oswald's
life. Millions saw him do it on tele-
vision�and this fact alone could
make it difficult to find 12 jurors who
themselves-were- not eyewitnesses.�
Even with the fact of the shooting
so clearly established, the case is by
no means open and shut. Its very
strangeness has given the cue to
Ruby's defense lawyers�headed by
Melvin Belli, a Californian with a
fantastic record of courtroom victo-
ries. Under Texas law, they can win
acquittal if they can prove that Ruby
was insane at the time of the killing.
This is their intent. They must pro-
ceed according to strict and long-
standing legal rules (see pp. 30-31).
If the jury finds Ruby not guilty on
grounds of insanity, he could go to
a mental institution�or go scot-free.
The prosecution has a classically sim-
ple case. "We think it is a case of
cold-blooded, calculated. murder,"
said the district attorney, "and we
are going for the death penalty."
t
THE ACCUSED. Before pretrial men-
tal tests, Ruby stands in glare of
flashbulbs which, fired up close, of-
ten make a subject look popeyed.
ONE SHOT LIFTED THE
VEIL ON A SHADY LIFE
IN UNIFORM. On leave from his
duties with Army Air Forces in 1944,
Ruby held hands with a lady friend.
SONG-AND-DANCE MAN. Manager
for a dancer named Sugar Daddy
(right), Ruby cut a rug about 1957.
HIS SISTER. Eva Grant, who also HIS BROTHER. Earl Ruby, a 'De-
1
lives in Dallas, works for Jack as troit dry cleaner, talked to the press
manager of one of his two nightclubs, with his wife after Jack killed Oswald.
THE DEED. This dramatic photo-
graph was taken as Ruby rushed to-
ward Oswald and his escorts, a split
second oefore he fired the fatal shot.
Ruby had a Dallas record of two ar-
rests for carrying a concealed weapon.
,r
v
STRIP-TEASE BOSS. A week before
the assassination of President Ken-
nedy, Ruby sat in the office of his
�_
Dallas nightclub, the Cakousel, bask-
ing in the attention of two of his
strippers. For Ruby, wh came from
his hometown Chicago to Dallas in
1948, the success of his nightclub was
the culmination of a life of shabby
jobs in show business and the fringes
of the underworld. He liked to brag
about roughing up unruly customers.
DEFENDANT RUBY WILL MEET THE GHOST OF
by ERNEST
Of all the strange matters sure
to come up in the trial of Jack
Ruby, none can possibly be strang-
er than the story of a long-dead
Scotsman named Daniel M'Nagh-
ten, whose weird ghost is probably
destined to decide the outcome.
M'Naghten was absolutely and to-
tally daffy. And since his crazy no-
tions led him to commit a spec-
tacular crime in 1843, he has been
immortalized in the law books.
What judges and lawyers call the
M'Naghten Rules, growing out of
his trial, still determine almost
everywhere in the English-speak-
ing world whether a man charged
with a crime can be acquitted�as
Ruby's lawyers hope their client
will be�on grounds of legal insan-
ity. Daniel M'Naghten was driven
by delusions of persecution. In par-
ticular he believed that Robert
Peel, Britain's prime minister, was
out to get him. Actually Sir RobJ
� ert had never heard of him. But
M'Naghten pursued Sir Robert to
London and, one fine day, stand-
ing in a garden next to Sir Robert's
house, fired a shot at him. Or so,
in his deluded way, he thought.
He went rather happily to jail,
confident that he had wreaked his
just revenge. As a matter of fact,
incompetent to the end, he had
killed Sir Robert's secretary.
At the trial everybody who knew
anything about poor Dan M'Nagh-
ten�including nine doctors called
in to try to make sense out of his
HAVEMANN
wild conversation�agreed that he
was a hopeless case. The three
judges sitting at the trial virtually
ordered the jury to return a ver-
dict of not guilty by reason of in-
sanity, and the jury had no hesita-
tion about complying. M'Naghten
was clapped into a mental hospi-
tal and died 22 years later, still
muttering darkly about what the
politicians were trying to do to him.
As it happened, one person who
was thoroughly disgruntled when
M'Naghten escaped hanging was
Queen Victoria, who, having her-
self had a gun pulled on her on
three separate occasions, did not
take political assassination lightly.
Because of her displeasure the
House of Lords called in Britain's
top jurists for an investigation,
at which some rules governing
legal insanity were put into writ-
ing for the guidance of British
courts. In bricf, these M'Naghten
Rules state that a jury can find a
defendant not guilty by reason of
insanity only if convinced that�
he was so -far gone mentally that
he 1) did not know what he was
doing, or 72) if he did know, did
not know that it was wrong.
Over the years, the M'Naghten
Rules havd been a constant matter
of controversy. Prominent among
critics have been psychiatrists, who
claim that the rules are 'so narrow
that when a psychiatrist testifies
in court he is practically forced to
violate the oath to tell the whole
truth and nothing but the truth.
Among the staunchest defenders
have been a majority ofjudges, and
a few dissenting psychiatrists, who
believe that any less specific rules
would shatter all moral codes and
turn society back toward savagery.
Thus far, the defenders have had
all the best of the quarrel. The
Texas courts, like the courts in
most states, have consistently fol-
lowed and upheld the M'Naghten
Rules as the established legal prin-
ciple governing insanity. The rules
are, in effect, the law of the state
and will remain so unless they
should some day be superseded by
an act of the legislature or unless
the Texas courts modify them.
Ruby's lawyers, the wily Melvin
Belli included, are well aware of
this and are shaping their defense
accordingly. At Ruby's recent pre-
liminary hearing, they zeroed in on
the .M'Naghten Rules. The attor-
neys produced a tisyciiiatrist who
testified that Ruby had a memory
lapse at the time he killed Lee Har-
vey Oswald and did not even re-
member the shooting. If the jury
should accept this line of testimo-
ny, it would fulfill the requirement
of Rule 1 that Ruby did not know
what he was doing. The psychia-
trist also said Ruby was incapable
at the time of telling right from
wrong, which would fulfill the al-
ternate requirement of Rule 2.
But to an attorney determined
to run the gamut of strategy, it is
not enough merely to rely on es-
CLASSIC CASES IN WHICH INSANITY BECAME
HARRY K. THAW. In a memorable 1908 trial, the
eccentric playboy killer of architect Stanford White
was found insane. He was sent to asylum, escaped,
was committed again and was ultimately released as
sane in 1924 He died in Florida in 1947 at age 76.
30
AN ISSUF
WINNIE RUTH JUDD. The famed "trunk murder-
ess" of the early '30s was saved from the gallows by
a sanity hearing. She was committed to an Arizona
asylum, from which she made her seventh escape
on Oct. 8, 1962 and at last report is still at large.
tablished principle, and therefore
Lawyer Belli is determined to fight
another fierce battle in the long
war to enlarge the rules defining
legal insanity. "We're going to
make this country aware that
must do something to take e
of the nuts," he said recently:
"Notice that I use the word nuts.
That's what we're dealing with.
. . . This world is like a jungle.
When the moon gets full,
)
come out and dance."
Many psychiatrists have said
the same thing, only in more ele-
gant and less dramatic words.
Their objection has been that the
M'Naghten Rules keep them from
doing what they can do best�that
is, present a reasonably solid ar-
ray of observations and test re-
sults which would enable the jury
to decide pretty quickly whether
the defendant was sane or insane.
Instead, they are forced to Cf
centrate their testimony enti&,
on whether the defendant. knew
right from wrong, a question most
psychiatrists feel cannot honestly
be answered yes or no.
Often cited by the critics of the
M'Naghten Rules is the case of
James Colbert Smith, in and out
of trouble all his life, who for no
apparent reason shot and killed a
taxi driver in Philadelphia in 1948.
Legal bickering over whether
Smith knew right from wrong
went on so interminably that the
� case was twice brought up before
a U.S. district court, twice before
a U.S. court of appeals and tly
times before the U.S. Suprt.
WILLIAM HEIRENS. The schizophrenic University
of Chicago student escaped capital punishment in
1946 by pleading guilty to three Chicago murders.
Subsequently, he was ruled insane by Joliet prison
psychiatrists and moved to a state mental institution. �4
��������
LONG DEAD SCOT
Court, at a total cost to the tax-
payers of about $250,000. The
case was still hanging fire in 1953
when a new Pennsylvania law re-
sulted in a sanity hearing before a
group of psychiatrists, who unan-
flusly decided in less than an
1.,.r that, by any reasonable med-
ical standards, Smith had been a
lunatic for years.
Many psychiatrists are firmly
rlyinced, indeed, that distin-
k_. Ang right from wrong is not
necessarily a test of sanity at all.
Mental hospitals are full of pa-
tients .hopelessly incompetent to
function outside the walls who
nonetheless are fully aware that
the hospital has rules�and that
patients will lose privileges if they
' make too /much noise or strike
their physicians. The late Dr.
Gregory Zilboorg, one of the most
famous of all U.S. psychiatrists,
('e said that perhaps all mur-
.-ers "except for the totally de-
teriorated,...drop �125..s_psy- -
7---;--choties-151"Thirig itandine -know
t what they are doing and what will
i happen to them if they are caught,
and "are therefore 'legally sane'
- regardless of the opinions .of any
psychiatrist." Courtroom history
is full of cases of men who were
found legally sane and hanged or
electrocuted, as James Colbert
Smith came close to being, even
though they were obviously insane
and totally irresponsible by any
common-sense standards.
By act of their legislatures or by
(�no decisions establishing new
'cooLLIIVIIM,NsoamghetesntaRteuslehsabvye
adding the doctrine of "irresisti-
., ble impulse"; in such states a de-
fendant can be found legally in-
sane, even if he knew what he was
doing and knew right from wrong,
If the jury decides he was driven
to his crime by a compulsion too
strong for his mind to reject. For
a time Texas incorporated the le-
gal principle of irresistible impulse,
but for the last 40 years the state
courts have ruled it out. Now
Lawyer Belli will urge them to re-
adopt it.
"Even normal people," he has
aid, "were intensely agitated by
. -sident Kennedy's death, and
ruby has a mind more subject to
agitation than most. He doesn't at
all have the kind of sedate, deliber-
ate mind it takes to commit mur-
der with malice aforethought."
Still another weapon in Lawyer
Belli's arsenal is a decision of the
U.S. ' Court of Appeals for the
District of Columbia, little known
outside the legal profession; estab-
lishing what is called the Durham
Rule as a substitute for M'Nagh-
ten. The Durham Rule states flatly
that a defendant is not guilty by
PRECEDENTS. The 1843 murder
trial of mad Daniel M'Naghten
(above) in London led to the
establishment of guides-still gen-
erally observed in ruling on in-
sanity pleas. A notable verdict
modifying M'Naghten Rule was
handed down in the D'strict of
Columbia trial of Monte Dur-
ham (right), a deranged thief.
Though applauded by psychia-
trists, the Durham Rule still is
not widely accepted in the courts.
�
reason of insanity "if his unlawful
act was the product of mental dis-
ease or mental defect"--lind re-
gardless of such subtleties as wheth-
er he knew right from wiong or
what impulse he had.
The Durham Rule has been wel-
comed as principle by most psychi-
at rists, who like the leeway it gives
them in court to explore and report
on the defendant's entire back-
ground and personality. Tle rule,
they say, is in keeping with kresent
psychiatric knowledge abdut the
role that the unconsciou4 mind
plays in all forms of human hav-
ior. Most judges, however, onsid-
er the rule dangerous beca se, in
the words of one of them, it I might
result in holding that any kerson
who commits a crime is s ' ering
front mental illness and th refore
not guilty."
In almost half the states defense
lawyers have urged adoption
Durham Rule, have been
down by the trial court an
carried their protest to the
er state courts only to be
again Texas is sure to beco
of the states asked to appr ve it.
for Lawyer Belli hopes to get" every
shred of evidence about ltuby's
mental state, past and preseht, on
the record and before the ju
If the trial judge permits and
if he does not and Ruby i sub-
sequently found guilty, Bel ' will
surely appeal to a higher c rt�
Ruby's brothers and sister nd a
of the
urned
have
high-
fused
e one
�
host of acquaintances will be called
on to testify that he was always
highly emotional and was driven
to distraction by the assassination.
His sister, in particular, will be
asked to tell about occasions when
he arrived at her house and broke
his otherwise rigid diet by gorging
himself on kosher food. "It was
fantastic," Belli has said. "He be-
came intoxicated on the food, lit-
erally went on a binge."
Ruby himself will also be called
to testify, and Belli has predicted
what will happen. "He's going to
dissolve on the stand. He just can't
discuss this without crying. I keep
thinking, there but for a stronger
constitution and mind go I. . . .
The defense is going to show .. .
what pitiful people we all are. How
many of us really know the fellow
next to us?" �
If the jury finds Ruby not guilty
by reason of insanity, it will also
have to decide whether, he has re-
covered his sanity since the time of
the shooting. (In some states the
judge or a medical board, rather
than the jury, would make this de-
cision.) If the verdict is not guil-
ty and that Ruby is now sane, he
could walk out of court a free man.
If the verdict is not guilty and that
Ruby is not now sane, he would be
sent to a mental institution, there
to remain unless and until the doc-
tors decide he has recovered. And
if the jury rejects the insanity plea
and convicts Ruby, the defense at-
torneys will surely ask a higher
court to rule that the trial judge
misinterpreted the legal principles
on insanity evidence. Ruby's fate
will then lie with the appeals court.
In a case of such burning na-
tional interest, many laymen who
never before thought about the
laws of legal insanity are likely to
ask�all questions of legal lan-
guage and logic aside�whether
justice has been done. �
One effect of the trial may be to
give new impetus to a totally new
approach toward criminal law, ad-
vocated over the years by such men
as Professor Sheldon Glueck of
the Harvard Law School and Psy-
chiatrist Philip Q. Roche'of � the
Pennsylvania University School of
Medicine: 'Their idea, which has
never yet got off the ground, is that
the jury in a criminal case in which
a sanity issue is raised should be
asked only to decide whether the .
defendant committed the act with
which he is charged. If the answer
is yes, than a committee of crimi-
nologists and psychiatrists would
decide whether the needs of society
and the defendant's own Chances
of rehabilitation would be served
best by treating him in a mental
hospital or punishing him in a pris-
on. If this were the law of the land,
it would not be necessary to try
Jack Ruby at all�but only to de-
cide what to do with him.
CONTINUED
� k ,
1 ";4,;";
� CHIEF PROSECUTOR. District At- Wade, a Democrat, once ran unsuc-
torney Henry Wade listens carefully cessfully for Congress and was elected
on telephone as he prepares his case, district attornby of Dallas County in
CAST. OF THE COURTROOM DRAMA'
1 In terms of brillia .ce, national rep-
). iitatio� and shee theatricil flail',
Melvin Belli (op osite page), chief
defense counsel, ctominates the cast
of attorneys in tha Ruby trial: Belli
is known as the i'King of Torts"
for his success irI personal injury
lc suits. In criminal cases he is a de-
termined ad versa of prosecutors.
His opponents in the Ruby case are
worthy of his mktle. Chief Pros-
ecutor Henry Witde (above) has
been Dallas Coulity district attor-
ney for 12 years, conceals a steel-
trap mind behind a cornball man-
ner. Bill Alexander (right), Wade's
most active assiitant, is a soft-
spoken but releitless prosecutor
and cross-exam in r with the court-
room style of a Texas-born Greg-
ory Peck. The jalge, Joe � Brown
(left), has 29 years experience, runs
a court with an easy, Texas-style
loose rein. But 116 can be tough.
PRESIDING JUDGE. Aware of trial's
importance, Judge Joe rown wants
to improve image of Te as' judiciary.
1950. Last year he and his legal staff
won 189 felony trials and lost only 13.'
He will seek death penalty for Ruby.
ASSISTANT D.A. "We don't say
we're good lawyers," says Alexander
dryly. "But we're always in court."
MASTER OF DEFENSE. In his San
Francisco office Belli expresses con-
fidence the jury will acquit Ruby.
PAGE 6 A: A CLINICAL STUDY OF LEE OSWALD
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guilty,. Vas the .final element.
Wade triggered it , off." � � �
Henry Wade, Dallas County's
District Attorney, announced
that police officers had enough
evidence to convict Oswald of
the crime. Mr. Wade is the chief
prosecutor in Ruby's trial.
(A.9,-1-0-ots
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Associated Press Wirephoto
Jack Ruby, charged with the slaying of Lee Harvey Oswald, is flanked by his lawyers,
Joe H. Tonahill, left, and Melvin Bell, during a conference at the bond hearing in Dallas.
By JACK LANGGIITH
Special to The New York Times
DALLAS, Jan. 20� A New
York psychiatrist testified to-
day that Jack L. Ruby did
not know right from wrong
when -he shot the accused
assassin of President Kennedy.
Dr. Walter Bromberg, the
fit ; ...-
jury came
gun hen-
ago when
teens. He
'because
o charges
e Of 30,
� .head. in-
hospital
. The tip
f his left
ted, after
through it
iger and a
peech, Dr.
ithy, a 52-
proprietor,
with "well
Ity." ;. �
ir, however,
;rank about
'excessively
and minor
clinical director of Pinewood
Psychiatrict Hospital in West-
chester County, said Ruby
had told him that he did not
remember the killing of Lee
H. Oswald on Nov. 24 last. Dr.
Bromberg, who examined
Ruby for 11 hours on behalf
of the defense, said that a
tow,
not legally sane at the time of
thrshooting, Mr. Belli and his
associates hoped to qualify their
client for bail. Judge Joe B.
Brown will rule on whether
Ruby should be released on bond
after the hearing concludes, pos-
sibly tomorrow.
the head twice In his life; that
he had suffered from severe
depression at three periods, in-
cluding the days immediately
after the Presidential assassi-
nation, and that he had con-
severe emotional shock caused
by President Kennedy's assas-
sination had triggered Ruby
into a "fugue state."
In such a condition, a per-
son acts automatically with
no memory later of what he
menta
in 1940, Dr.
a friend
movement
a strike.
had been
he had it
took his
as his own
said that
Continued on'Page 19, Column 1 nto a more
;i 1952,' af-
ter a night club in which he
had a financial interest failed.
Some backers of Ruby's ven-
ture lost as much as $25,000.
Ruby said that he had "holed
-
.4
montb4"
o* had :He did :not: *folic% for -five
members months during this period.,,,
rted that Ruby's third depresiion' be-
definite gan when President Kennedy
was assassinated In Dallas' last
father as Nov. 22, Dr. Bromberg' -iaid.
aggressive Ruby called a sister in Dallas
excessive with whom he had been very
close, Mrs. Eva Grant. She re-
called that her brother had told
her how "precious" the late
President had been: ' �
ere sepa-
years old.
1, Ruby's
erely de- She quoted Ruby a.s having
mitted to
said.
cl several I will have to leave Dallas.
Dallas is ruined." r �
, .
Happy To Be AceePted ,
Later, however, .mixing � with
the police officers and . report-
ers at the city jail after Oswald
had . been arrested, Ruby. told
the psychiatrist .that he had
felt like a big guy. being
with the Police." .
His acceptance by the � offic-
ers made him feel that .he.Was
" a right guy. .
Dr. Bromberg described Ruby's
feelings toward' President. Zen-
nedy . as "a . love that.. passed
beyond a rational appreciation
of a great man, coming out of
his unconscious" . �
He -said `: that Ruby =had- told
his family .after the assassina-
tion, "this is . the. end'. of -..Zny
life.,
Dr. Efemlierei reports Con:-
eluded that Ruby's killing.2,0f
Oswald "Was in response to an
irresistible impulse. His knowl-
edge of right � and wrong.-were
obliterated at the time -of .the
crime."
The defense attorney's- :ifs�
called Jesse Curry, . the. Dallas
Chief of Police; Dr:: JOhn.., T.
Holbrook, a psychiatrist, ..en-
gaged by the State of Texas
to examine Ruby, and C. Ray
Hall, an agent of the Federal
Bureau of Investigation In Dal-
, ,
las.
The subpoena for Chief 'Cur-
ry had called on him to produce
the pistol with wfiith Ruby
shot Oswald, together with
Ruby's personal .papers and ef-
fects. The Chie.f said that hide-
dined on the advice of. counsel
to produce these items.'::
/- 64-
� ti
.1.453ood ;emuyAs punoi, Jea,t
1Upped JOOpUl 3311i
fP8940 PAIFAS-IS.TG
111010.111101�F'
RUBY Is SEEN
,
Ontinued From Pagi3 1, CoL 5
has done, the doctor said. Ruby �
Was susceptible to this condi-
tion, Dr. Bromberg added, be-
cause of apparent organic dam-
age to his brain.
-'Ms testimony this afternoon
confirmed a report offered ear-
lier-.43y Dr. Roy Schafer, a clin-
ical psychologist at Tale ;Uni-
versity.
1.Dr. Schafer said that the re-
sults- of tests he had given to
Ruby last month indicated phys-
last; damage to the brain, re-
sulting' in psychomotor epilepsy.
Dr. Schafer refused to specu-
late-nn Ruby's frame of mind
w � he killed Oswald in...the
eat of the Dallas City
J. 11.
dIn in interview, however, he
said that Dr. Bromberg, with
bpth psychiatric. and psycho
logicalxeports to dray on, could
make a;.#11dxs.n*Sis,!of .Ruby's
tbnditiOn' at -the tithe- of the
IA ugh tedaeS Segildn *as
a$ bill4ond hearing, Rubes de-
fense lawyers called two of
their expert witnesses and one
psychiatrist engaged. by. the
�' � .
; kOhjection Answered
Wien the ...prosecution ob-
jected to the introduction of
PPYCniatric and psychological
taskiinony at this time, the chief
defense: attorney, Melvin M.
Belli of San Francisco, argued
that:the 'material was relevant
to a bail hearing.
Ruby is not 'eligible for bail
ukiless the defense produces
otoof that he may not receive
cr that tal punishment., .
d �. asserting at Ruby was
By" Introducing testimony to-
notsTegally sane at the time of
thrshooting, Mr Belli and his
associates hoped to qualify their
client for bail. Judge Joe B.
Brown will rule on whether
Ruby should be released on bond
after the hearing concludes, pos-
sibly tomorrow.
VS! u
Hisllorireeit rrailly*
--aftorneyia- had - requested
postponement nntil Feb.- 10, but
today they Indicated they might
ask for another week's, delay.
District Attorney Henry Wade
of Dallas is heading the prosecu-
tion of Ruby, assisted by his
deputy, Bill Alexander. Mr. Bel-
li's associates are Sam S. Brody
of Los Angeles and Joe T. Tona-
� hill of Jasper, Tex.
Asked by Mr. Belli how* he
had determined that Ruby's
brain .is .physicially damaged,
Dr. Schafer listed these symp-
toms:
"There were frequent � oc-
currences of. mild confusion.. His
speech: was loose. Some state-
ments were almost Incoherent.
His perception � of, some test
itema, was grossly distorted.
Some of the ideas he enter-
: tabled; were peculiar and inap-
propriate, -with elements of ab-
surdity he was not aware of."
also , showed signs of
"coner.eness' to thinking," the'
psychologist added. - �
"He; has an inability to think
hypothetically," Dr. : Schafer
went: on. "Often, there Is Only
one answer for. him that can be
right. He had difficulty in us-
ing abstractions, � even the ab-
stract words of everyday life
such as 'tool' and 'food'." -
The sallig symptoms observed
In Ruby were most often found
In persons suffering from psy-
chomotor epilepsy, Dr. Schafer
said:. He found Ruby's intel-
ligent 'quotient to be 109, which
meant that his score was supe-
rior to. 73 Per cent of the popu-
lation..,
I Interviewed in Jail
.evidence, Dr. Bromberg
�
filed a_ 17-page report covering
Ruby's medical, psychiatric arid
family background. His -report
was based on interviews made
Dec. 21 and Dec. 22 at the Dal-
las County Jail.
,- Dr. Bromberg stated that
Ruby had been hit severly on
the head twice in his life; that
he had suffered from severe
depression at three periods, In-
coding the days immediately
after the Presidential assassi-
nation, and that he had con-
.
79N 112141 77g
01N01101 � 33130NY SO1 � 03%131113/00E6
,itars�it
t z
'1.7,f71 �
;ow . ont f9P.r
r '
� i'rhepsychlatrisr, *Vho�bad
also interSdewed otbkr members
a Ruby's family, reported that
Ruby's father "had a definite
personality disorder." .
He described the father as
abusive to his wife, aggressive
and brusque and an excessive
drinker.
Ruby's parents were sepa-
rated when he was 12 years old.
After ' the separation, Ruby's
'mother became severely de-
pressed and was committed to
a hospital. She died several
years later.
Injured in Flight
Ruby's first head injury came
:when he was hit by a gun ban-
die in a fight in Chicago when
he was . in his late teens: He
was jailed for two days because
of that episode, but no charges
were filed.
In 1941, at the age of 30
he suffered a second head in-
jury and was treated in hospital
for brain concussion. The tip
of the index finger of his left
hand was later amputated, after
someone had bitten through it
to the bone.
Aside from his finger and a
slight 11.50 in his speech, Dr.
Bromberg found, Ruby, a 52-
year-old night club proprietor,
Is In good health with "well
developed muscularity."
He said that Ruby, however,
"has always been a crank about
food" and had been "excessively
worried about colds and minor
illnesses."
Ruby's first serious mental
depression occurred in 1940, Dr.
Bromberg said,' when a friend
in Chicago's labor movement
was killed during a strike.
Ruby, whose name had been
Rubenstein before he had it
legally changed, took his
friend's name, Leon, as his own
middle name.
The psychiarist said that
Ruby had fallen "into a more
serious depression in 19.52," af-
ter a night club in which he
had a financial interest failed.
Some backers of Ruby's ven-
ture lost as much as $25,000.
Ruby said that he had "holed
.1.
r LOflth"
- }He did :not '�,Vork . for five
months during this period. � �
Ruby's third depression-- be-
gan when President Kennedy
was assassinated In Dallas' last
Nov. 22, Dr. Bromberg' -said.
Ruby called a sister- in Dallas
with whom he had been very
close, Mrs. Eva Grant. She re-
called that her brother had told
her how "precious" the late
President had been.' � �
She quoted Ruby 'as having
said:
I will have to leave Dallis.
Dallas is ruined." - . �
Happy To* Accepted"
Later, however, mixing with
the police officers and .report-
ers at the city jail after Oswald
had .been arrested, Ruby. told
the psychiatrist that he had
felt like a big guy :being .in
with the police." . � � - -.
HIS acceptance by the � offic-
ers made him feel that he. was
a right guy." , . t. � �
Dr. Bromberg described Ruby's
feelings toward President. Ken-
nedy as' "a �love that, passed
beyond a rational appreciation
of a great man, coming . out of
his unconscious."
He said that 'Ruby 'had-told
his family after the assassina-
tion, "this is the'. end', of ...zny
life."
Dr. Breinberg'i report- con-
cluded that Ruby's killirit%of
Oswald "was in response to an
irresistible impulse. His knowl-
edge of right � and wrong. were
obliterated at the time - of the
crime." , .
The defense attorney's 'also
called Jesse Curry, the Dallas
Chief of Police; Dr � John. T.
Holbrook, , a psychiatrist, en-
gaged by the State of Texas
to examine Ruby, and C. Ray
Hall, an agent of the: Federal
Bureau of Investigation in Dal-
The subpoena' for Chief Cur-
ry had called on him to produce
the pistol with width :Ruby
shot Oswald, together with
Ruby's personal ,papers and ef-
fects. The chief said that he 'de-
dined on the advice of counsel
to produce these �items.. .. �
2/64
- �
By James
� DALLAS, jan:,'-'2,9.::.114ilk
: psYchlatriat;:...,described;1.1-ick
� Rnby today' as a min wound
up "to attack, to 'fight"-and
one who did, not tinderstand
whit he was. doing'. when - he
killed Lee HarveYtcOsviild;
accused assissiOnf.
i Kennedy. ". '
, Cross-exatninatiori
testimony thae,'Eubrada
Russian father
- sell
e escriptioa
by.. Dr. Walter 'atromber,g:
clinical director of'llineitOod
Psychiatric. ,Hospital infiFeetr
c.hester County N.Y.i1ie,�t:
Lied for the s defenie 16'10
effort to have , Ruby+. frepd on
bond while'..AwaitinPtrial!, on
a charge:- Ad,Onurdet
malice for shooting'. Oswald.
' In cross-examination, by...the
prosecution, Dr. Brom he rg
said Ruby had told 'Min of
making a trip to Cuba in .1959,
e months after prime ,Min-
lster e veT.
Ingffrirlritorney,;,.. ejiry
Wade asked if Rubf-hair told
Dr. Bromberg of .trying,. to
� sell Jeeps to Cuba:. The. doctor
; confirmed this Old: added:
. "The � deal didn't ' go through
n was an involved finan-
cial deal in Houstciit and�else-
where. He wanted .:to make
�aome
istant lapew Attorney
Wiiiioni,--Alexandef..;asled.. if
thei15044,1Oelekikeii.-frani
. , � ,
Ruby that, Ails ..father ' Was- a
native RuOsion,,nont, ed,Ruben-
steini-wholchad .Oriedin 7, the
Rusalari'l...74MyX.7heTtPaYchia-
trist_ 1-"aitict eSiVih,ksjg.j.itlk� t
Ruby's,- s lawyers
:bring:' upsothe
eirentilfiti'AallaiF3inicerning
thi,,,:shopthik,t0tr4DAWaldybut
Judge Joe7B.iBroWnsWoilldnq
permit an6h:,,testiinpnir.','ro,,i,..',4,
The,. quetipn ere directed
atk-ppliCetaila,14Osse -
Among. OtVeAjhbigS,'...-,the''sitid
be did no;:bring.RUby's..pistol.
OturOiagsdirectedbysull,
PcienihccaitsetherDittOct� At.
torney'a office told hlin not to.
-,,�Defense.V$IttorneyknIce24.11..'
tonahill,lOhledted '.4trenumiali
When'the Statiiiferred to' OS-
wald ,:asJhe:sicOised 'assassin
Of President-' Kennedy Tone-
hill . wanted Oswald galled ,the
Fiscas-cin without qualification.
Judge Brown, sided ...with the
State � '�
� .Tonahill asked if Curry did
not" ..,.bring"..,;Ruby's, pistol:.. to
court because the pistol had
no hammer: The State object-
ed:0nd was sustained.
' Both sides :began /speaking
to 40.1t::(k.
to40.. '..Judgee,.�BroVifft_tgiriteff
V'enedill.rioxiihiladirnaact
Curry... with the .,.bitter..�;-, enrol-
ment,. �I.;. helieve!.4roti%; would'
have told us thejruth,.1f,tiheyi:
would let
Wade'. replied - sarcasticall?
Earlier;
Schafer,: ,,Tale`g,pniverSi
testified thoVhe':;belteyea .014
4
that can: an 5 ixtilail
mentor:- State und0.1.
witelasef:e`,PsDre;i'al4lif54.-
brook, Dallas attlet/
on No24,--
,Holbrook
him h1fath�
coholW _
scribed :birnielf�)4e1the 'bla
sheep,- of !;:the.; faniilY4uidAakst
as: a 'Man who'k could net ;1.:wrin,4
himself to' back:Z):10w#419-
situations...' '
� . -7;t,-741.ts
ttikt-ii
NEW YORK
HERALD -TRIBUNE
JAN 2 1 1964
Disclosed at
tearing:
His' Cuba rip,
His Russian Father
DALLAS. .
�
BACKGROUNDS
Jack �Toby once made a trip to Cuba I
teiCTIFiciel-Criierfora7ceritrirwaylV Assistant District Attorney William -
,Vertrft 4:144yritiar-I, . . � Alexander asked if the doctor had learned
TAi disclaar 'Clime during cross- from Ruby that his father was a- native 31
� examination at Ruby's bail-bond hearing , Russia named Rubenstein who had served
after a psychiatrist had made another in the Russian army. The psychiatrist said, :
revelation�that Ruby's father was a native � "Yes."
Russian. The Psychiatrist, Dr. Walter Mr. Alexander asked whether this 9',
Bromberg. clinical .director of Pinewood Russian background might have influenced
r Psychiatric Hospital in Westchester ' Ruby's state of mind.
3
County. N. Y., described Ruby, as a man � Dr. Bromberg replied: "It might have
� wound up "to attack, to fight"�one who ; had an effect on his organic background."
did not understand what he was doing There was no explanation of this answer.
when he killed Lee Harvey Oswald on , Oswald spent several years in Russia.
Nov, 24, two days after Oswald allegedly. once tried to obtain Russian citizenship,
assassinated President Kennedy. . married a Russian woman and, after re-
Dr. Bromberg testified for the defense turning to this country, handed out pro-
In its effort to have Ruby, Dallas night- . Castro pamphlets in New Orleans.
club owner, freed on bond while awaiting ; After Oswald's slaying by Ruby there
trial on murder charges. I was speculation that the two men were
In cross-examination by state attorneys, . . acquainted, and there were even hints that
Dr. Bromberg said Ruby had..told him of ; they were connected with a plot to kill
making a trip to Cuba in 1959, nine months I the President. However, officials discounted
after alter Prime Minister Fidel Castro ' the possibility that they had ever known
took (mit. I each other. -).
'''"-rilstifer Attorney Henry Wade asked. if Earlier, psychologist Roy Schafer of
Ruby had told Dr. Bromberg of trying to Yale University testified � he believes Ruby
sell jeeps to Cuba. The doctor co-Milled : has an organic brain disorder that can
th-B and adlelF"But the deal 'didn't go cause an 'explosive mental state under emo-
through -.it was an. Involved financial 'I; tional stimulation. �
deal in Houston and elsewhere. He wanted .7'1 Describing Ruby, who grew up as a
to make some money In a hurry." . ; brawler in Chicago's South Side, Dr. Brom-
He said Ruby spent �about,11)* days In :1 berg said: "He was pre-set to be a fighter.
Cuba. .4111Pk. light' He's a
.fighting e011fillaill111183.1
r �
rels.
geared up for physical' action. He thinks
he's tough."
Dr. Bromberg said Ruby "Did not know �
the nature of his act" when he killed
Oswald. could not tell the difference be-
tween right and wrong!
"I feel that the emotional excitement
triggered a fugue state," Dr. Bromberg .
said. He described that as a state in which
people do things without being aware of
them.
Ruby stepped out of a crowd of news-
men and killed Oswald in the basement of
the Dallas city jail.
"At the moment he caught sight of
Oswald he lost recall," said the psychiatrist.
"His recall came back during the scuffle
on the concrete floor." The scuffle oc-,,
curred as officers subdued Ruby after the
shooting.
Assistant District Attorney Williani F.;
Alexander said Ruby was reported to have ,
said of Oswald, "I hope the � �
dies." Dr. Bromberg said,
that would not have been out of character
with a fugue state.
GRANDIOSE
Dr. Bromberg testified that "Ruby does'
not have delusions of .grandeur. But he
does have a grandoise tendency and a
paranoid tendency."
When Mr. 'Alexander asked whether
Ruby should have psychiatric treatment,
Dr. Bromberg replied that he should have
a thorough and complete examination. Dr.
Bromberg said this should inclutle a blood
test for the possibility of anthills. �
Dr. Bromberg said that in examining
Ruby he learned that at one stage in his
life Ruby "lost interest in everything and.
developed suicidal ideas and did not con- ,
sult a doctor."
The defense, headed by Melvin Belli of
San Francisco, has announced it will try.,
to prove Ruby was insane when he killed..
Oswald.
Ruby's trial is scheduled to begin Feb. 3.
Dr. Schafer said he examined Ruby In
late December for nine and one half hours.'
� ' giving him standard psychological. tests..
Be said he would recommend other tests
� such as an examination of the physical
and nervous systems, an electroencephalo-
graph and a psychiatric examination.
Dr. Schafer said he thinks it likely but
not certain that an electroencephalograph'
would show abnormalities in the function-
ing of Ruby's brain.
He testified he believes Ruby has a dis-
order called psychomotor, epilepsy and
that he has had it a long time.
This, he said, brings on attacks char- :
acterized by an "explosive mental state";
� under "strong emotional stimuli." But he'
� said there might not be any outward signs
that this was happening. , centile�in other words, he would outscore
Ruby's attorneys have indicated they; 73' per cent of the population in IQ tests. �
will try to prove he was toni emotionally Newsmen were permitted to photograph
by the President's death. � . .and question Ruby before the hearing.
Under cross-rcamination. by. District.. Asking whether he thought he could beat
� ...JAL.*
� Associated Press wIreptioto
RUBY IN COURT�Jack Ruby, center, Dallas nightclub owner charged with' slajring ,
Lee Harvey Oswald, in conference yesterday in Dallas with his lawyers, Joe Tonnthill -
(left) and Marvin Belli, in nn effort to get bail pending Ruby's trial in February..
�
Attorney Henry Wade, Dr. Schafer said the murder charge, the balding, stoclEY
Ruby has an intelligence in the 73rd per- strip joint boss replied: "give me a pill
and I'll answer that." He did not explain .!
what he meant.'
"My blood pressure is at a faster pace.".
he replied to another question. But,, he;
said, "I feel wonderful." �
JAN 2 1 1964
NEW YORK
10:7RNAI .�NIFIOcAN
JAN 2 1 1964
'Never new
Lee Oswald
DALLAS, Jan. 21 (AP).�Jack Ruby cried today
about the assassination of PFEgirelTt-fterd,edy and said
he was "more remorseful than angry" when he killed
, accused Assassin Lee Harvey Oswald.
! Ruby broke into tears when
!reporters asked him how he
!felt about the assassination.
The questioning was, permitted
at the defense table just before
his bond hearing was resumed.
Described yesterday by de-
fense witnesses as a man un-
aware of his actions when he
shot down Oswald, Ruby is
charged with murder with
malice.
His ee...fense is seeking his re-
lease on bond on grounds that
he was temporarily insane and
therefore could not tell right
from wrong. / l�
"I can't understand how a
great man like that -could be
lost." Ruby cried, as reporters,
asked him his feelings about the
4.
President's draft. He bit hard
on his lower lip.
'NEVER KNEW OSWALD'
At that point, defense attor-*
r.eys Melvin Belli and Joe Tons-
hill asked that the questioning
be dropped.
As to Oswald, Ruby said:
, "I never saw him or knew him
in my life."
Ruby remained- composed
until he was asked about the
President's death. '
He was also asked about A
�trip to.. CubiLhe made in 1959.
Ibtilit�iiiniririonthi after Prima
Minister Fidel Castro took fiver.
dent Kennedy was assassinated
in a downtown motorcade.
�
The visit was brought out in
testimony yesterday.
VACATIONED IN CUBA
;� "It seined like the U.S. was
in good harmony with Cuba
: then." Ruby said. "I was just
vacationing down there for a
IZtv lays. A's a matter of fact,
City (apparently the Cuban
g overnment) interrogated me
as if I was working against
them."
; Asked specifically about tes-
timony yesterday that, he in-
tneded to sell jeens to Cuba..
'Ruby. saidr---
7"I didn't sell any jeeps."
. Ruby said he did try to con-
tact a perso nwho knew easiiii
wellrinitsiRMI.Ot-expladrr-
14Nrgrtried to do that.
Ruby said, "I was just trying to
�get out of the beer business."
He added that meant he was
looking for a "business oppor-.
' (unity."
SEEK TRIAL DELAY ;
! The 60-seat courtroom and
!It's 12-seat jury box were packed
as lb( hearing resumed.
The balding, 52-yearJold strip'
joint operator's trial is Sehed-:
. vied to begin Feb. 3 but the del
tense has said it will ask for a
delay and a change of venue.
A psychiatrist and a psychol-
' ogist, both called by the de-
� fense, testified yesterda:; thty
!believe Ruby is afflicted with
'an organic brain disorder.
� The psychologist said be was
'capable of "impulsve mental ex-
plosions" when under "strong,
:emotional stress."
Summoned by the defense to
testify. yesterday were Dr. Roy
Schafer. Yale myehologiAt; Dr.
Walter Bromberg. elinioal di-
rector of Pinewood Psychiatric
Hospital in Westchei,ter, Ns 7,4.
Dallas police chief Jesse Curry;
Ray Hall of Dallas, a special
agent for the FBI, and Dr. John
T. Holbrook of Dal,' a gov-
ernment psychiatris
Rub 's sister, By
Dail and his
QgQIL and
pall d. were among the
tators.
PSYCHIATRIST'S VIEW
The psychiatrist pictured
Ruby as "pre-set to be a fighter,
to attack ,to fight. He's a fight-
ing man, geared up for physical
;action."
The hearing is in the tiny
icourtroom of That. Judge Joe B.
Brown.
The defense has produced a
,string 9f witnesses to show.
Ruby's slaying of Oswald was
'not premeditated.
� Ruby shot and killed Oswald
Nov. 24, two days after Presi-
,z7
�s;,uAct.9 (tt,
BALTIMORE SUN
JAN 21 1964
RUBY DEFENDE
Oswald spent tried
o
several
yeaTtuisu
D Russia on
sian citizenship, married a Rus-
By PSYCHIATRIsT sian woman and, after returning
to this country, handed out pro-
Castro pamphlets in New Or-
leans
Earlier by Schafer, a psychol-
ogist of Yale University, test itirf
he believes. Ruby has an organic
brain disorder that can cause an
explosive mental state under emo-
tional stimulation.
The, defense also Called as a
witness Dr. John T. Holbrook;
Dallas psychiatrist who examined
Ruby for the State on November
24.
When the State objected to Hol-
brook's testifying for the defense,
the judge ruled he could testify
ile
s a layman but not as a
sychiatrist. � -
Holbrook said Ruby told him
is father was an alcoholic. He
aid Ruby described himself as
black sheep of the family and
Iso as a man who could not
bring himself to back down from
situations.
At another point Holbrook said
that, "probably because of his
Jewish ' background,. he [Ruby)
had to show gentiles that. Jews
were pretty nice people.
C. Ray Hell, FBI agent, last
witnessoof the day, testified that
Ruby had also told him of 'going to
Cuba to try to sell jeeps, using a
plane ticket sent to him by a
person the State described as
"someone in Cuba"
%scribing Ruby, who grew up
as a brawler in Chicago's South
Side, Bromberg said: "He was c
pre-set to be a fighter, to attack, b
to fight. He's a fighting man, ,
geared up for physical action. He 6
thinks he's tough."
Bromberg said Ruby "did not a
know the nature .of his act" when a
he killed Oswald November 24, t
could not tell the difference be-
tween right and wrong. .
tFugue State" , e
"I feel that� the emotional ex- a
citement triggered a � fugue d
state," Bromberg said. He de-
scribed that as a state in which b
people do things without being e
aware of them. � ,
Ruby stepped out of a' crowd
of newsmen � and killed Oswald
in the basement of the Dallas
city jail. , ..._
Doctor Says He Did Not
Understand His Action
�
Dallas. Jan. 20 till�A psychi-
atrist described Jack Ruby today
as a man wound up "to attack,
to fight" � and one who did not
-understand what he was doing
when he killed Lee Harvey Os-
wald, accused assassin of Presi-
dent Kennedy.
Crossexamination brought tes-
limony that Ruby had a Russian
;father and made a trip to Cuba
:in 1959 to try to Cell jeeps.
The description of Ruby was
by Dr. Walter Bromberg, clinical
,director of Pinewood Psychiatric
',Hospital in Westchester county,
N.Y. He testified for the defense
In its effort to have Ruby freed
on bond while awaiting trial on
a charge of murder with malice
for shooting Oswald. �
"Didn't Go Through"
In crossexaminaticin by State
Attorneys, Broniberg said Ruby
had told him of making a trip to
Cuba in 1959. nine months after
Prime Minister Fidel Castro took
Over.
Henry W!s12.t.....tltrict Attorney
aska�irituby had told Brom-
berg -ot-trying7rielneep-i�tO
Cul)a7l1Ieigctor :Confirmed this
and addari�"IfUC.the deal didn't
go through: ;7: It� was an in-
Vol% cd financial deal in Houston
and elsewhere. .11.e wanted to
llaime money lira hurry."
He said Roby�pikit_ aficiiik ten
days in Culp.
William Alexander, Assistant
District Attorney, asked if the
doctor had learned from Rtiby
that his father was a native Rus-
sian named Rubenstein who had
served in the Russian ai my. The.
psychiatrist said, "Yes."
Alexander asked whether this'
Russian background. might have,
fluenced Ruby's state pf mind. 1
"Organic Background"
Bromberg replied: "11 might'
have had an effect chi his organic i
background." There was no ex-I
planation of this answer.
. �
�
� �
"At the ' moment he caught
sight of Oswald-ix lost recall,"
said the psychiatrist. "His recall
came back during the scuffle on
the concrete floor." The scuffle
occurred as officers subdued
Ruby after the shooting.
Alexander said Ruby was re-
ported to have said of ()SU aid.
"I hope the � � � dies.",
Bromberg said that would not'
have been out of character with
a fugue state.
Bromberg testified that "Ruby
does not have delusion i of gran-
deur. But he does have a
grandiose tendency and a para-
noid tendency."
When Alexander asked whether
Ruby should have psychiatric
treatment, Bromberg replied that
he should have a thorough and
complete examination. Bromberg
said this should include a blood
test for the possibility of syphilis.
Bromberg said that in examin-
ing Ruby he learned that ,at one
stage in his life Ruby "lost In-
terest in everything and de-
veloped ,suicidal ideas and did
not consult a doctor."
The defense, headed by Melvin
Beth. of San Francisco, has an-
nounced it will try to prove Ruby
was insane when he killed Os-
wald two days after the assassi-
nation of the President.,
Ruby's trial is scheduled to be-
gin February 3. -
Schafer said � he examined
Ruby in late December for 91/2*
hours, giving him standard psy-'
hological teas. But he said he
elieves othec tests should be
iven.
Brain Activity
He said he would recommend
n examination of the physical
ad' nervous systems, an elec-
roencephalograph, and a Psy-
chiatric examination. '
An electroencephalograph is an
lectronic measurement of the
cthlity� of the-brain to try 1.1)
etermiue whether it is normal.
Schafer said he thinks it likely
ut not certain that an electro-
ncephalograph. would show ab-
normalities in the .functioning of
Ruby's brain.
tie testified lie believes Ruby
has a disorder Called psychomo-
tor epilepsy and that he has had
it a long time.
This, he said, brings on attacks
characterized by � -an "explosive
mental stale" under "strong
motional stimuli." But he said
there might not be any outward
signs that this was happening.
United Press International
Jack Ruby, accused slayer of Lee Harvey Oswald,. is
, 'Shown as he talked to reporters yesterday before entering �
.4...Dallas courtroom for the second day of his ball bond r
hearing. Bail was not granted.
. �
ir:luby. Will. Be. Given
Mental Examination;..
�� DALLA S,,, Jan. 21 (AP)
Jack Ruby, pictured by de-
fense witnesses as a man with
. brain 'damage that would per-
: ,miChint to Id111,Withoitt know-
�, -ing..1t; Nthriidifetir jail without
.� ,1 ..bond,.. today' to t � await an ex-
'. hatistiv.k.intenta.1...examjnation
in...kultpsipital;,. , �,.. .., ...1.
' '. a'iatiliprise'4414- in court,
� deltbtiseilibpped -its at
'.',.� , enipPit44 free,, the killer of
' ���.v....,PreAideb.411K.entiedy's , accused
;.4 4 .', a!;E:4;44.9n bond' because :the
iilt,i e.... l'!thertiroseetition had
IYA feeedle.4theesti*iiiatio,n.
r.4firVY0*get what we wanted,"
.'t!t'i chief 'defense. attorhey Melvin'
',...f..;. 'Belli:tit* newtitnen after Ruby,
.'.9*,� chrged.with',: itr. ering . tee
Harvey.,Od(trald� ted?,back
io � ilip; JalIYcellty jh
,N- oyv. i Aelti* A.0414
� etat iii - 94o
,.. ikr:er,
-�,heel .:4-**,0figlitrY.
4 '�kV10:::(0011$4;.*IiiIIFO011ed
!..4�iitoraiRgistf: #, � kpfiyAhl.a,
,....4 trlikteltwolitify, . '$!.527Stbar-
' ;�, oict%AuB ' A Ylnentall" ednditiOn.
,... 0401 :04e910ecletlibe:igght
'0. clubV ator ...wAS , A�., Priycjio-
dtdP: eietiel the'prier� said
it,pbopived RulbY�'hacbit. mania
. -.: daiiretLeiVA.4 Itsychpalli.A.::, \ ..
,.`�i. � './.4$ illal: same time . that it
',.., ti,c.)4 ,�,..". , e ; mental '� t examine-
t fAth
tiOltril. fOefenee'. filed: .A mor
l� t10,0 41. btkii., change of ' venue
� inc'iths(. tilak Set/ for Feb. 3.
'";NOtitending ,. there is .:'"sO
, g A4.'4 t ,a.,,,.-' prejndice", ;Against
t Ruby that he cannot possibly
� obtain a fair 'trial In Dallas
. Ciiiinty, Ruby's lawyers asked
that the case be moved any-
where else in Texas.
' "Within Dallas County, it is
t h e Dallas community, n 0 t
Jack Ruby; that is on trial,"
the defense' contended. � � �
"There is a dangerous com-
bination against : h i m insti-
gated by influential persons,
by 'reason of -:which' he. can-
not expect a fair trial,"; It
added. � ' : � ., "
T h ei Impartial psychiatric
exainihation". of Ruby Is ex-
pected :to 'start soon and list
two ��days. It will be ,Con-
*tea by Dr. MartidlOwler,
a. nettro-psychiatrist,' at the
University of Tex :Medical
SChooL. at, Galvaston.:,-,. �..
It. the ,company. of 'a Dallis
fisicliatilit,' Dr., John .T:'.
Hol-
brook, ' A.:State witness', Towler,
wLi 1 :.Klininister .�a n AlActro-
AeliAitOgrapli,la) ttap,
ait!bloedik, serology," attd. ,W1
ZraYa-N.y4Y%,1,1.1 .a.4.001T7;
4%OW foot. :be :,actin.j734: a
xteeti�te' .4 fp' i; 0.1,ydr
the. Yiios Towle,
Galtres ton: 11'. akread
tcf�ipeifOrtitOithes exanilnittiptis
It�Ft.:t 09,, :OW . 4,1T aliditiin�
par a manner."' � ;��'.
Thrdinghottt the bond'. hear,
1;4:Ruby's, lawyers attempted
to establish that he. killed Os-
wald while in such an agitated
state of mind he did not kilo*
right from wrong.
Newsmen questioned Ruby
briefly after today's hearing.
Under the barrage of ques-
tions, and the bright lights of
the cameras, Ruby broke down
and wept. His lawyers then
asked that all questioning
stop.
Just before the tears came
to his eyes, Ruby said he was
"more remorseful than angry"
at the time President Kennedy
was assassinated. �
oh
vetlgating, the E..i,Tissi-
9t .� ?resident; 'Kennedy
ectl.yeaterdair..' that :it
Mar 4�imony from
viltia,:Widow of the
aisaSsin;
Tlx,ti Eafr: Warren,
..: of, the seven man
body(i4adc: the announcement
ilft0 �,,...0!rei;hQur 'meeting. of
tita'gdmmission. He did not
indicate when or where Mrs.
Oswald will be examined but
the indications were that the
Commission, will bear her
soo�
� Tlie chief Justice said the
Cossion.,, has now com-
pleted the appointment of its
senior 'staff members and
sett1011uPOnf- the., procedures
undiplfhiCh': It *1011 operate:
4:the � Commisaion will
meet airi early' next week. �
00'r...senior staff: men
,Avork witiftchief coun-
sel...4.,,,RAnIdn are: Leon
D. At�..�,Jr.i 52, of New Or-
1eani4itgormer assistant Unit-
ed %States Attorney; Francis
W. H. .Adams,. 59, former po-
lice � commissioner' of � New
York City; Joseph A. Bala, 61,
ofi Los Angeles, a nationally
known criminal lawyer; Al-
' bert E. Jenner, 56, of Chicago,
a former president of ,the
American Judicature Society,
m.4
arren Lomnussio
To Heat Oswald
.
The4;..Presidential� ,Commis- and William !T.. ColefaaniJr.i,
43, of, Philadelphiiaa,tlOy
dirk-, to 'Justice- FelixicFritnk
furter in 1948-49 ''.?'/..."/"41.=444:":1
The Chief JusuCi AlsO:lot
nounced the appointment;o:
two junior staff ,..:members
They are Wesley J. Liebelei
and Melvin A. Eisenbeig�
.The 'Chief Justice said at
least one � of the seven mem.
hers will be present at (AnY
session . .when �a witness:' is
heard, He said that all Wit-
nesses will be entitled to have,
counsel accompany them.when
they testify. Counsel, he,
will be, allowed.,,,tdr4question
their clients if they�-wisk 'and
each witness will be 'furnished
with a Copy of his testiniOnyl..
Ten of Trip to Cuba�
Drops Request for Bond
�
By JACK LANGGLITH
'Special to The New York Tithes
:,DALLAS, Jan. 21 � Jack
Ruby denied today that he had
eVer` met Lee H. Oswald before
killing him. .
Ruby spoke distraughtly as
hefappeared at a bail hearing,
which ended abruptly noon
W:lien his attorneys withdrew
tide request that he be re-
leased on bond. �
s�:!At� an impromptu news con-
ference Ruby also denied. that
1474:fent to Cuba five years ago
to sell supplies to the Govern-
Ment. of Fidel 'Castro.
He said he visited Cuba early
brief vacation.
His plan, to export goods to
that country collapsed earlier
for lack of financing, he ex-
plained.
= He charged that &tails of his
trip as presented by the prose-
cution, had been "fabrications."
% Ruby's description ' of the
Cuban episode was jumbled and
difficult to follow. He was
posing ,for photographers before
the hearing, when reporters
questioned him.
= Pale and Agitated
: The attorney at his side, Joe
H. Tonahill, made no attempt
to stop him from answering.
t" Pale and agitated, Ruby re-
called that the United States
Was on harmor ions terms with
Cuba at his visit Jack Paar,
the television performer, and
Other entertainment figures
: he said. � nf ftip accaccin
Knowing :that Ciiba. was "a
hew coimtry/ opening up," he
Oaid, he previously tried to com-
municate With a Houston bust-
liessman about exporting such
Products, as fertilizer and jeeps
to the island, "but I never got
,to first base."... �
"I wanted to. get out of the,
beer business, to be honest with,
you," the. 52-year-old night club' '
proprietor added.
f He said he had gene to Cuba' I
! by way* of New Orleans. In
17Iavanal, he went on, he stayed
kt the :a.partin a friend,
; L. J. MCWillie.
� police had AWV110013141 oNisnoa v�
Associated Press Wirephoto
RETURNED TO CELL: Jack Ruby, in middle, being escorted by sheriffs 'deputies from
Dallas courtroom after his lawyers withdrew their request to have him freed on a bond.
the Dallis community-raiz
'Were in Cuba about that time,
blamed for allowing the shoot-
/" d331S 01 SAWA 3A3' � .
autes usnod loitiloPP alit pue 1
� um mei io suoissapais t
u! ziotty,n3 iSiom *until mull
/ i0
OIZ
\ %%LS 113313331113111
E-1, MCI 1kM 'AA V n400010
- -
questioned him. extensively �
; . have a little � Gestapo � � mew simm0103 ansiapisint
there." � � �� aa.tsv Ntwoorai
Cul t n Atm.fl 10 M ISSt
OHOL )
-'10.40111.91,.L:Zt se
411,*-11106V6113 paw
fr510aTilk
op
SUPUela
Pod
P
r --
"I told him, 'No,' Jack, ,I'vel
known you too long for that, I'm --
not going to let a friendship go f
down the drain to mess you
around."
Mr. Alexander was asked if
he declared the next day that /
he would demand the death
penalty for Ruby.
"I sure did," he replied.
If tests on Ruby before the
trial indicate physical brain
damage, he said, he will change
his evaluation of the case.
--,...x.rmorw-valirezmw is
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ONTION3 NI 03NNVII
���������������....
thitadi
e /teed liel
� Asked about* previous. con-
. � facts, wit/1i: cisweld.,: the --apc�used
i.!�_sgassin. of 'President' Kennedy,
� Ruby ..... .
: "I never sPeke* to Lee' Oiwald
In my lifeI never:. FT: him, or
linew of hirre; � � '
; Reports � suggesting that
Ruby knew Oswald before the
hooting last Nov. 24 have been
girculated in Dallis.
: Ruby,' who is charged with
killing Oswald last Nov. 24, be-
game more nervous' and excited
, as he spoke. Unexpectedly, he
.said: '
� "The word angry is not in my
Vocabulary: � I was more re-
Morseful than angry."
: Asked what he had meant,
be said that after the.assassina-
tlon of President ',Kennedy he
had often been described as
� Ruby Was asked how he had
felt when' the president � wasithe defense today. included four
� , � . members of the Dallas Police
lullea. , ,
� .."�� "Look kt thn," Mr: *Tonahill
said. "That will tell you." �
Ruby was swallowing repeat-
edly; he had become pale and
st was trembling; tears came to
his eyes.
� ' ' �
1 He replied in .a high, choked
"Voice: "I can't understand how
a great man like that can be
lost." Mr. Tomlin cut off fur-
ther. questions.
� The defense was understoo
to have expected that Judge Jo
B. Brown would deny the re/west for bond. The lawyer
Withdrew the petition to avoi
beginning the case with a setback that would have implied
under Texas law, that Rub
might receive the death penalty
. As the hearing ended they
. filed a brief requesting that the
trial be moved outside Dallas.
;. "Rightfully or wrongfully,"
the defense argued, "the Dallas
community has been blamed for
the ascarssination of the Presi-
dent Rightfully � or wrongfully,
the Dallas community has been
blamed for allowing the shoot-
ing of the aisassin. . �
,-. "Representatives 'of � the Dal-
Tas commmunity have expressed
self - recrimination feelings.
'Within Dallas Countyeit is the
Dallas community, not Jack
Ruby, that is on trial."
4' Refers to 'Animosity'. ,
The brief also cited a "gen-
eral animosity" against Ruby,
t"incited and aided by adverse
publicity," as a reason that he
�\fjcinild not receive a fair trial
Dallas County.
i Twenty-one other reasons
were given, Including "anti-
1 Semitism against Ruby, sparked
- by publicity that � his name had,
been changed from Rubenstein,"
anci "adverse local press stories
parrying innuendos of conspir.
ommunists." � � . ...' .t. '� . ......, �-..4
ry between Ruby, Oswald .5.ind
,. � An 18-page het 'of quotatiOni
in the case 6,by `Dallas.-; area
ewspapersicwas appended to the
After a' consultation with
Henry Wade, Dallas District
attorney, and Melvin M. Belli,
Ruby's chief defense attorney,
;Judge Brown said, he � would
:consider the petition for a�
,change of venue Feb. 10. The
opening of the trial was set
for Feb. 17.
her. Belli said the bail hear-
ling had enabled him to draw. out
:some of the prosecution's evi-
dence and to make' public medi-
cal and mental reports on Ruby.
; "We were able to show that
there was no premeditation,"
'he contended. �
`,...The six witnesses called by
_ . .
Department, an assistant dis-
trict attorney and 'a rabbi of
Ruby's congregation.
The rabbi, Dr. llUel E. Silver-
man, testified that before the
shooting of Oswald he believed
Ruby needed psychiatric atten-
tion, but had not recommended
it.
He said Ruby attended a
memorial service for President
Kennedy at his synagogue the
night of Nov. 22. . Ruby had
tears in his eyes after the cere-
mony, the rabbi, said but did not
mention the President to him:
William Alexander, who is
prosecuting the case with Mr.
Wade, was called by the defense.
He testified that he knew Ruby
12 years.
He said he did not consider
the defendant emotional or un-
stable. When he visited Ruby
last Nov. 25 with a psychiatrist
engaged by the state, he said,
he attempted the persuade him
that the prosectition was not try-
ing to trap him. �
"I told him, 'No,' Jack, 'I've
known you too long for that, I'm
not going to let a friendship go
down the drain to mess youl
around."
Mr. Alexander was asked if
he declared the next day that
he would demand the death
penalty for Ruby.
"I sure did," he replied.
If tests .on Ruby before the
trial indicate physical brain
damage, he said, he will change
his evaluation of the case.
�
S Will Examine Ruby
DALLAS, Jan. 23. (AP)�
Judge Brown said today that
Ruby's mental examination
would be conducted by a panel
of three psychiatrists: They are
Drs. Martin Towler -of the 'Uni-
versity of Texas Medical School
at Galveston,'Robert. Stubble-
field of Southwestern Medical
School here and John T. Hol-
brook of Dallas, who previously
examined him for the state.
The examination will include
an' electroencephalogra. apt-,
nal tap, blood aerology .. skull
X-rays. The time and place were
not announced,
9
rtyru!ig .1111 n.utti
No OtherS Inv�1e-3;W Says �
44,
Ruby Begins the Story
Of Why He Slew Oswald
First of a Series
By Jack Ruby
With William Read Woodfield
I, Jack Ruby, shot and killed
the murderer of our President,
John F. Kennedy.
I :am now in the Dallas
County Jail, charged with mur-
der !with malice. The State
of Texas demands that I be
electrocuted for killing Oswald.
I ant being praised and con-
demned by those who know
nothing more than that on
Sunday, Nov. 24, 1963, in
Dallas, at 11:20 a.m. CST, I
did shoot and kill Lee Harvey
How? Why? That is what
I want you to know. First, I
swear to you that:
1. I did not know the
deceased Lee Harvey Oswald
befdre he murdered President
Joh'n F. Kennedy.
2. I was not employed by
anyone to "silence" Oswald.
3. No one helped me do
what, I did.
4. No one knew what I was
going to do.
5. I am not now, nor have
I ever been, a Communist, a
fellow traveler, a Communist
sympathizer, or a member of
any Communist or subversive
organizations.
6. I am not a member of the
so-called extreme right wing,
nor do I support any extrem-
ist philosophy.
7. I am not, nor have I ever
been, a gangster, a racketeer,
a hoodlum or an underworld
character.
8. I am not a white slaver,
a panderer, a homosexual, a
sex deviate or a narcotics user.
I have, since Nov. 24, been
accused or suspected of all
these things and I swear that
they are not true.
The FBI has questioned me
at great length, and I have
volunteered to submit to a lie
detector test, truth serum or
any other scientific means of
determining the truth about
any of these�or any other
questions I feel sure that the
FBI is satisfied that I am tell-
ing the truth. When the. re-
port is made public, I am con-
fident that the facts as I now
relate them to you will be
verified without question.
Before I tell you about the
approximately 43 hours from
the time our beloved. Presi-
dent was murdered until his
killer was himself shot, let me
tell you about Jack Ruby.
To be continued Wednesday.
(C) 1964. Jack Ruby and William Reae
Woodfield. All rights reserved. Repro-
duction in whole or part without writ
ten permission is strictly prohibited
������� �
r,.
�
United Press International
� � �
Oswald Widow on Television
is
��
Marina low of the accused assassin of Presi-
dent Kennedy,
hel, during a te
night. It was Mrs
. sholn with her� youngest daughter,
Rae interview from Dallas Mon-
.,
.day . Oswald's �first�publie appearance
ce the slaying of sin her husband in Dallas Nov 24.
Oswald, wi
.Itesenti. Slurs at Integrity
by Rose to. Success����
From Life of Poverty
� Second of a Senes
�
By. Jack Ruby � �
� With William Read Woodfield ,
� I was born_ Jack Leon Ru- door40-door F at ,,retall prices.
We worked as teams and can-
vassed blocks�selling bottle
opener s, salt, and pepper
shakers, God-only-knows what:
Pa was a �carpenter by trade � Then, in 1933, came the
but in his heart he was .a�
Chicago World's Fair., could
Cossack,' He was born in: po. really sell banners saying
land, and was drafted into the. "Welcome .to Chicago," stream-
Russian , army and made a
erg, silk pillows; turdes.�Dwas
horseman.
haPPYJP).�� '
, .When he was 2.1, he; and -When the ;� Fair ended,
� tw9 -of his �,buddies deserted, sold Wooden hope cllosio from
.Thy hid at a farm: TheAvont-
4. 000r AD door � and �kitchen;:pots
� � ap..-Tdio farm had t and iuots to, ies,patiefklitta.44�
thee.mavifigettl).te�Aigct*ptlan, gt
� $430,;;lild.411041**,�:lje.,A,net
Within a' If*, wee1W-Ptirrq inia.' , orriVed.j.thzye
''them Were: Plaitte4: tg the ;when lorecnittOd;�%vord4tbariny
three, daughtare.� mother bad O'br.elikd, CIPP
' riiy; father ...inet..,1*ud "ha !mom tiotitipk. for abOut4;;Year
my mothei: ." , ; land: theiVilia dame home'' She
,"My.fitherfiameI0 this c?1,41.4 shins' member:. of
try and settled in Chicago. He the family �until she died; '14
1944, of a 'heart conditioff.ct
SALtli� Frenetic� ' around
1936, 1 was 26. I first fell deep-
ly in love. -She war./ rich; I'wis
selling neutspaper sUbserip-
dons from -door to door. I
made about $40 or $50 a week.
How could I ask a , girl like
this to give . up ' her; way of
life .and Hire -like I lived?. Ob-
viously I couldn't and the 'only
thing I could �do was � �,run.
benstein in Chicago on March
24, 1911,, the fourth' child Of
eight. . �
I grew up with later got
Into trOublei with the law .� A
lOt .of Wagger became bood-
.1tuntt
AC.A.,kaa
worked hard and drank hard..
We lived a half block frOm
Maxwell Street. It was a 'ghet-
to, a slum. We always had
enough to eat but we never
/fad any of the luxuries. I
Used to save 'pennies all year
so that a week before The
Fourth of July I could buy
fireworks to sell to the kids in
the neighborhood. .
We lived a half a block from
the produce market. I used to Back -to Chicago. �
An old friend, Leon Cooke,
an .attorney, had. decided to
start a scrap iron and junk
handlers union and asked me
buy' shopping bags for 2%
cents apiece. My sister Ev and
I would sell them for 10 cents
apiece. �
` Maxwell Street was a breed. to help him. Leon wanted to
lug ground of crime. A lot of unionize the scrap handlers
because he felt that they were
ge#Ing a lousy deal. Ten to
%cents ap how�that's � all.
Iti#1,k tie!, months, after
7
�
o.� (4�11.4 .11112 .Y%.44
Into court to separate..
The wart broke up our. fam-
ily. I was -sent�alone--to- a
farm and I died there. Nothing
.to one to...buy�jig
budiness -to do. -Ant cows !and,
fresh -air. I was 14.
-That w,ent!on� for two years.
Then my mother sent for us..
She had rented an apartment.
Pa" was' sending her money
and withAirluit�we could make
�well, we'd be a family again;
We�all of, us kids�started
wJrking together. We'd buy
articles wholesale- to peddle
, � .
aay. .1, quit the:.unioa.
In 1937,� I ,:went into"% the,
punchboards,husiness. � I Just
bought �:a � bunch ..of, punch.
boards and, � prizes wholesale
and placed 'them An -.various.
location; around . the,..,East
Coast. It was 'jiegalhat. -it
was .no big � . � �
I Was drafted .into the Army
In,. May; 1943. I was a me-
chanic in the. Corps. I
never got overseas. I.was giv-
en- an honorable:discharge in
1946. -.! . � .
My brother Earl had started
a manufacturing � business�
Earl Products Co. I joined
him as a part' owner. I was to
sell, and. sell I: did. We made
and sold millions of salt and
pepper shakers. For the first
time in: my. �life, I had cash
�lots of it. : '
� I got the show. business bug
by -,selling- A little ' dancer
named Sugar Daddy, 12 years
old. I started managing -him
in my� spare time. I dropped
$3500. But I still had a-yearn-
ing for show ;business, MY
sister Ev had bought, a. night
plub in -Dallas. She . finally
persuaded me to come to
Dallas �arid help her run the
club. I sold out my share of
Earl Productiifor $15,000i and
moved to Dallas.
I want to say that until,this
thing happened, ,I was a sue.
pew; �My l'club : was Making
mOrieY. j never carried less
than a couple of, hundred dol-
lars In my pocket at ani time.
I could borrow $5000 to $10,-,
000 on my word alone. '
I resent ;reports that' de-
scribe me as a "loser," "a
hanger on," "a small' tine
operator." I May net be a
millionaire but I have always
kept my word � and honored
my obligations.
THURSDAY: The forty-eight
hours from the time our . be-
loved. Preside70.. was murdered
antii,I did, what I did.. .
0 1964, Jack Ruby and William
Read Woodficid. All rights reserved.
4
Ruby Is' Given .
Psychiatric
Examination
�
DALLAS, Jai. 28 (AP)
Jack Ruby, slayer of accused
presidential assassin Lee Har-
vey Oswald; underwent psy-
chiatric examination at the
Dallas Neurological Clinic to-
day.
'Sheriff Bill Decker. said
Ruby was whisked out of .the
County Jail at 5:45 a.m..(CST).
� Met by a crowd of photog-
raphers and newsmen as he
was driven into the motor en-
trance of the County Jail,
Ruby would not; answer ques-.
tions.
The night� club operator
seemed highly distraught. He
stood silent, his manacled
hands fidgeting in front of
hlin as reporters barraged
him with questions. . 1
Finally he said: "Don't you
think it's proper for me to
nave my attorneys here when
I answer questions? I wish it
were possible to answer 'your
questions now but I'm under
instructions from my counsel
not to. You know Melvin Belli
and Joe Tonabil 1. When
� they're with me, I'll answer
all the questions I can."
,
Denies Any Thought of Retaliation \
Ji.uby Deeply Moved by Assassination
BY, Jack Ruby
With William Read Woodfield
DALLAS�The early morn-
ing hours of Friday,. Nov. 22,
1983: It was quiet in The
Carousel (the night club Ruby
operated) and someone men-
tioned that President Ken-
nedy would be in Dallas.
recall hoping that he
would like our city -and that
nothing like what happened to
Adlai Stevenson would happen
to President Kennedy.
Approximately 5 a.m. I
closed up, 'counted the cash,
put the receipts in my bank
'bag. I put my .38 caliber re-
volver in my right trouser
pocket, as usual. I always carry
my gun when I carry money.
, I went to bed. My last
. thoughts were, "How wOnder-
ful it � is for Dallas that our
President was going to. visit
� "I felt, "He iny Piesident. I
love him" and I fell asleep.
Visits Newspaper .
Approximately 9:30 a.M., I
'arrived at the Dallas Morning
News building. A few minutes
later .I went up to the second
floor to see John Noonan and
work out my ad .before the
noon deadline.
Approximately 12:30 p.m.,
someone, ran into the room
and said, "Somebody's been
shot!" Then someone else said,
"Connally's been shot." Some-
one else said, "The President's
been shot!" Everybody, went
wild.
said a prayer and waited
and heard as the doctors tried
to 'save his life, as the two
priests gave him the last rites
and one of them said he was
still' alive. My heart pounded
as I waited. I wept and my
mouth was dry.
About 2:15 p.m. I went to
the" club and told Andy to call
everybody and tell them we
wouldn't be open tonight.
Approximately 4 p.m., the
television was on at Ev's
(Ruby's sister). We cried and
cried. "Why did they do it?
Why did they do it?" I asked.
"He was such a beautiful
man. Why did they do it?"
We cried and cried. We
grieved and watched tele-
vision.
They showed Oswald on
television. I thought to myself,
"If he's the right man, he's
got to be either a John Bircher
or a Communist."
About 10:30 p.m., I drove
around downtown Dallas. I
saw clubs open, people having
fun. I was shocked that there
was not more sadness.
Greeted by Policemen
I went to the police station
and parked in the lot. A police
officer asked me where I was
going and I told him.
As I walked through the
halls, fellows kept saying,
"Hello Jack," "Hi, Jack." I
didn't feel so lost. I took the
elevator upstairs. There were
a lot of officers who knew me
and who said hello to me.
Saturday, Nov. 28, 198/�
Midnight: Suddenly Chie f
Curry (Dallas Police Chief
;IMO Curly) and goralcide
Captain Will Fritz appeared
with �Wald.
I was suddenly in a swarm
of people. I lost my Purpose
� vm in a world
the evidence was "conclusive"
and someone said that finger-
prints had been found. Henry
Wade told us that he would
"ask for and get the � death
penalty." I felt proud that
Henry Wade was my friend
and I slipped a Carousel guest
Card into Henry's pocket and
patted him on the back.
I never at any time thought
of shooting Oswald. I thought
he would get to trial. I did not
think he would get shot.
About 5:30 a.m. I went home
and fell asleep immediately:'
FRIDAY: The last 24. hou4,
before I shot Lee Oswald.,';
0 1964, Jack Ruby and WUflim Reid
Woodfield. AU rights reserved.' �
.11
�
man. Why did they do it?"
We cried and cried. We
grieved and watched tele-
vision.
They showed Oswald on
television. I thought to myself,
'"If he's the right man, he's
got to 1;le either a John Bircher
or a Communist."
About 10:30 p.m., I drove
around downtown Dallas. I
saw clubs open, people having
fun. I was 'shocked that there
was not more sadness.
Greeted by Policemen
I went to the police station
and parked in the lot. A police
officer asked me where I was
going and I told him.
As I Walked through the
halls, fellows kept saying,
"Hello Jack," "Hi, Jack." I
didn't feel so lost. I took the
elevator upstairs. There were
a lot of officers who knew me
and who said hello to- me.
Saturday, Nov. 23, 1963�
Midnight: Suddenly Chief
Curry (Dallas Police Chief
Jesse Curry) 'and Homicide
Captain Will Fritz appeared
with Oswald.
I, was suddenly in a swarm
of people. I lost my purpose
In going there. I'm in a world
of history. . -
He was mumbling. 1 didn't
think much of him. He looked
like a � creep. But he didn't
look like he would have killed
our President all alone. �
Chief Curry took us to the
� batement to the assembly room
�a� large room.. Capt. Fritz
and Henry Wade, the Dallas
County District Attorney (a
friend of Jack Ruby's who,
ironically is now in charge of
proiecuting Ruby) brought
Oswald out into view of the
TV cameras and the photog-
raphers. They took their pic-
tures and the reporters asked
Oswald questions. He was
mumbling answers. I had my
gun in' my pocket this night.
I had no thought of killing
him. It never entered my
head. Besides, he was still
only a suspect�innocent until
proven guilty.
"Evidence to Convict"
"We have enough evidence
to Convict," I heard my friend,
Henry Wade, announce to the
hundreds of reporters and TV
men. Henry also announced
that Oswald had refused to
take a lie detector test.
Wade also told us that Os-
wald had denied being a Corn-
. rqunist but admitted being a
Marxist and having defected
to ,Russia..
Chief Curry confirmed that
Ruby's Brain Waves
Recorded for Court
DALLAS, Jan. 29 (UPI)
track Ruby was quietly taken
from his county jail cell today
and rushed to a clinic where
three court-appointed psychia-
trists made recordings of his
brain wavei.
Ruby, dapperly dressed in
his customary business suit,
white shirt and graY tie, was
returned to the jail about four
hours later, tired and wan, his
hands chained before him by
handcuffs.
� � The Dallas striptease club
operator said he thought the
tests were a little easier than
;those yesterday, when doctors
began testing him before day-
break and did not finish 'until
Afternoon
ernes Ever Knowmg ee
Fifth in. a Series
A � By Jack ROY
And: William Read Woodfield
� . -
2 DALLAS � The following
'Is the first of a two-part in-
terview of Jack Ruby, who
-Li to be tried in Dallas for
,11.te Murder of Lee Oswald.
'� Q: Did you ever know Lee
Hervey Oswald?
' 'A: I. never saw him In the
Carousel Club, never in the
fiverld, 'at any time. The num-
� ter of ceremonies at the club,
ill DeMarr, said he thought
he had :seen Oswald at the
, club but now he denies be
� - ever saw him. �It was such a
Olock to me because Bill has
luch a wonderful memory. '
� I never heard Oswald's
�itame and I usually greet cus-
Omert at the club by name.
� Someone-even said I once
� bad an apartment next to Os-
wald but this is absolutely not
true.
Q: Why did you carry a
gun? �
A: I've been cut at, knifed
at and the only way to get
respect in Dallas is to carry
a gun and the thugs' and
hoodlums know it. Hoods can
cause all kinds of trouble.
They get put in jail and get
out the next morning with a
mere $10 fine. That's the way
it is in Dallas and that's why
I carried 'a .gun, to protect
my business and my money. I
have no permit�they know it
�but they know all night club
owners carry guns. You have
to carry a gun. Dallas is like
a jungle.
Q: What are your feelings
toward the Dallas police and
bow do they feel toward,' you?
A: I love the Dallas police.
I love the Department. I love
to hang around there. They
handle civil rights with less
fuss than any town.
We often have off-duty po-
licemen working in the Car-
ousel to keep order. They get
$7 per night. This is common.
Christmas, cops get whisky.
But the police never have
their hands out in Dallas.
They get a special price on
beer in the club-40 cents in-
stead of 60 cents�but they
don't 'drink while .they're on
duty. And I 'don't make them
pay the cover charge to come
in. I never- ask an officer to
do special, favors for me. � .
I pass our permanent guest
cards for the Carousel to cer-
tain people to use any night
but Saturday. and Sunday. I
give these cards te the police.
It's, public relations. Bill Alex-
ander, the Deputy
torney who is Prosecuting me,
has a complimentary --,:eard.
Bill and I were great friends
that is, until he -brought a.
prosecution psychiatrist,' :Dr.
Holbrook, to jail ito examine
me. It hurts to have' your
faith shaken 'in your friends.
Then, after that BiII.� came
back with another doctor. but
I wouldn't see-him. �I remem-
bered that Dr. ',Holbrook
talked to me for' about an
hour. He didn't haye-_a -Ste-
nographer or a' tape intichiii.e
and we didn't get into'
ing about the shobling4eall.
Three days before the 'shoot;
ing, Bill Alexander told 'Me
he heard I was upset because
�a competitor wad:hiring :Cin-
dy Barr (an exotic -dancer),
bringing her .back to.' Dallas.
She was run out of Dallas aft-
er serving a jail sentence. Bill
said, "If you know anybody
she's running with *that's
wrong, you let Me know and
nobody will ever know you
told me." It was their I gave
him the complinientari card
to the Carousel. Bill, took-it,
signed his name and I took
It back . to have tt plastic-
coated for him. Now the card
is missing. = Thiir seareked
my office and confiscated It
Bill told �CaPtain
that Jack gets ids rights." The'
mkt day he came* in.iyith;�the
psychiatrists.- s'�.� '' � '
What a friend! �
Q: Let's get beceinfyoUr
police record. Have you ever
been arrested for anything
other than fighting?'. �
A: They were mostly 'minor
fights. I had it little trouble
with the liquor Men:. Then' I,
was in traffic court and was
pulled in for carrying as gun:
Even though' know :natty of
the officers; I never asked
anyone to ditmiss . case
against me. Only once' .did- I
ever have trouble with an of-
ficer. � He tried to rotigh�snie
up. � I hit hini with My, pistol
and when I apelogized. toAke
Captain, le told Me to forget
it. They didn't*ant cops 1l'
this one on the force. �
Q: Have you ever been In
volved in pandering?
. A: Absolutely not. e'er
The popularity. :oh .s
miry laws' biSt.�
waned *since, itth81
22 states in 191Ciiiid"thal
dining ,steadiliPqrztelfzeitirth
oreticaL, function ' remains the
duced.
Sntorigenuy
04F t
,� plts*-Aut 10
tenmeatibut ow in oftwhiElmokb#0(4i4There
-,r4iitcdelegittesy it.!-Apttchl etinutatniVijejiiikCctr, voters
will 'have a chance to mark a
Powir4
and Mr. Goldwater has e.-
pressed serious doubt that he
will.
May 12�West Virginia�Mr.
clumsy and cord
they are, the pri
results.
JACK RU ,BY�
By JACK LANGG1JTH
shotial to The New Tont Times ��-
�; DALLAS, � Feb. 1�In Dallas'
Octlenty' -Jack L. Ruby
awaits' the beginning of his trial
�now. set for Feb. 17�for the
shooting of President Kennedy's
alleged aesasoin. The alterna-
tives'/or RUbg.cire electrocution,
imprisonment, confinement in a
Mental: institution or; 'possibly,
freedom; Vain: and known tos,be
highly sensitive Ruby listened
at' hie bail bond hearing. while
his attorneys 'exploded his pre-
tentione 'and. challenged Ms
sanity in the hopes of saving
Ms
After the birth of their sec-
ond child,' Joseph Rubenstein, a
Russian carpenter, and his wife
traveled to the United States.
Settling in Chicago, they com-
pleted their family of eight
children: Hyman, Earl, Jake,
Sam Anna; Marion, Eva and
Ilene.
-.Jake Rubenstein, who was to
refashion his name often in his
adult years, was born On April
19; 1911. Authoritarian and al-
coholic, his father left his moth-
er on several occasions as the
, boy was growing, up. When
Jake was 12, the father left
for good. Fanny Rubenstein
"sank into a series of depres-
skins that ended with her com-
mitment to a hospital as para-
noid. .
Foster NOUNS
Jake spent his 18th and 14th
birthdays in foster homes lo-
cated through the Jewish Found-
ling Society. In his' teens, he
was already a promoter, the
kind of boy who could wangle
free admission to a football
game for 12 friends.
Police officers Were already
an attraction for Jake. "You
had to like hint," a retired Chi-
cago 'patrolman recalled recent-
ly. "He was good-natured."
Although his I. Q. was above
average, young Jake completed
only one year of high school.
The boy became an aggressive
huckster of cheap merchandise
In a tough neighborhood. At 20,
he was bit on the head with a
gun handle; 10 years later, aft-
er another fight, he was treated
for a brain concussion.
Jake Rubenstein was ex-
tremely sensitive to anti-Semit-
ism. If he overheard an anti-
neroftic remark, he was ready
to fight. He felt that the Pres-
ident he most admired�Frank-
lin D. Roosevelt and 'later John
F. Kennedy � championed the
Jews.
Drifting around the edges of
the Chicago underworld, he
picked up the nickname Sparky
for his quick temper. By that
time Jake had become Jack.
With a young attorney, Leon R.
PROFILE OF OSWALD'S ASSA.
He Became a Promoter While Still in His 'teens
And Aways Ingratiated Himself With the Police'
Morrie Newdeaturee
a nutshell . . ."
Cooke. Rubenstein began or-
ganizing a union, for scrap iron
and junk handlers. With his
hustle and pitchraan's skill, he
built a strong organization.
In December, 1989, however,
Leon Cooke was shot to death
in the union office by another
labor, official. His partner was
disconsolate. A psychiatrist
later said the shooting caused
one of the three major depres-
sions of Rubenstein's life. To
honor his dead friend, he be-
came Jack Leon Rubenstein.
The draft caught up with
Rubenstein in thei spring of
1948. Serving States-side for al-
most three years as a private
first class in the Army Air
Corps, Ruby once knocked
down a sergeant in his unit. He
was not court-martialed, and he
received the Good Conduct
Medal upon discharge.
Changes Name
After the war he peddled
novelties for a while, then
headed for Dallas to help a
sister, Mrs. Eva Grant, run a
small nightclub.'
In late 1947, Jack Rubenstein
went to court in Dallas to
change his name to Jack L.
Ruby.
Ruby had never married. Re-
cently he told Dr. 'Walter
Bromberg, a psychiatrist chosen
by his attorneys, that he had
once been engaged to a "clean
moral girl" for 10 years.
When his nightclub, The Sil-
ver Spur, failed in 1952, Ruby
sank into his second desponden-
cy, locking himself in a hotel
room and contemplating Std.
cide. The blackest period con-
tinued for about two months,
Dr. Bromberg said, but he was
out of work for five.
While' in Dallas, he won a
casual friendship with police
officers while acquiring a mi-
nor pence record for such of-
fenses as carrying a concealed
weapon. William F. Alexander,
One of the assistant district at-
torneys prosecuting Ruby, had
known him for 12 years; many
policemen knew Ruby in the
last decade as the operator of
the Carousel Club, one of a
block of strip clubs in down-
town Dallas.
Castro Aspect
Ruby made a trip back to
Chicago, to try, without much
success, to promote a 12-year-
old Negro singer and dancer.
Returning to Dallas, he lived
with his sister until about two
years ago, when he began shar-
ing an apartment with a 50-
year-old friend, George Senator,
formerly of New York.
In 1959 Ruby considered try-
ing to export equipment to the
new regime of Fidel Castro.
"I wanted to get out of the
beer business, to be honest with
you," Ruby told reporters at
his bail hearing. When his
scheme collapsed, he went to
Cuba anyway, but only for a
three-day vacation, he said.
On the day President and Mrs.
Kennedy arrived in Dallas, Ruby
did not join the crowd along
the motorcade route. He went
Instead to The Dallas Morning
News to plane his usual week-
end advertisement. When word
of the President's assassination
spread through the office, Ruby
changed his ad immediately.
The, Carousel gab, be, an-
nounced, viouldp be closed, in
mourning for, the President ,
Ruby described hitimelf al
"stunned" by the shooting of
President. Kennedy. He 'called
his sister and they cried to.
gether. will have to. leave
Dallas," he said. "Dallas hi
ruined." He called friends all
over the area to cominiserate.
After attending memorial
services at his synagogue, Ruby
went to another delicatessen.
"I wanted to help somebody,"
he told Dr. Bromberg, "so I
called the police, who were my
friends."
Passing out sandwiches and
coffee at the police station, Ruby
said he felt "in." He was ex-
cited by his sense of being a
participant in history on Nov.
22, 1963. '
Laments Assassination '
"It was a field day for me,"
he said. .
When he got bank to his
apartment on ,South Ewing
about 3 A.M. oh Nov. '23, he
woke George Senator. The
first thing Ruby, asked was
whether his roommate had seen
his ad, closing his club. He was
the first one to close, Ruby said
proudly. �
According to Mr. Senator,
Ruby began to weep and lament
the assassination.. He tied it to
an advertisement that had ap-
peared the previous morning in
The Dallas News, bordered in
black and sharply questioning
the President's pe
Communism.
Rousing Mr. Se:
employe at the Ci
Ruby set off on a
vestigation.s. He
an "Impeach Et
poster' and office
d for
th
e che:
the anti-Kennedy a
to connect any opP
Administration wit
nation.
Dazed Condition
When Mr: Senit
Sunday morning,
dazed. A' perforrne
called Ruby from
mid asked him to
for her rent. He ag
By the time he
Western Union al
after 11 A.M. Dells
dials, had azmounc
H. Oswald, the am
would be moved ti
jail at 10 A.M. E
passed the police
says, ;'curiosity go
me." He parked
walked unchalleng.
ramp into the jail I
was carrying a pis
The, prosecution
Ruby Planned to k
the mistaken bel
would be I nation
defense' argues th
ways carried more
in cash and had t
self-protection.
Brain Damage
Physical damagc
at some point in l
fense psychologist
had left Ruby with
epilepsy which led
automatic reaction
trol or later mem
tions.
Extensive
phys1(
establish whether
organically damag
approved by Jud
Brown. The tests;
ducted before the
Ruby's trial, tents
Feb. 17.
Ruby walked di
exit ramp sag) arri
was being led in
police car. ' �
Ruby told Dr. I
It flashed through
Oswald was "emir
a Commie, a rat
"He took anoti
hand in his pocket
he was within ts
wald)," Dr. Bro
"The next thing
on the ground
him. . . . He recal
don't have to be
out. I'm Jack Ru
"He felt curl
while he Was won
was on the grow
Kennedy. minvtiy,
0#411100i4PA
i,471)rth'iligin$4111e0i
;off 'delegatesivito
a-decisiva nn March 10
in pisw mtijimpAbiref&There
Ato-Ut0,Q00 llenuhlican voters
will have a chance to mark a
and Mr. Goldwater has ex-
pressed serious doubt that he
win..
May 12�West Virginia,�Mr.
clumsy and controvers.
they are, the primaries .
results.
-PROFILE OF OSWALD'S ASSASSIN
3ecarne -a Promoter While Still in. His Teens
d Aways Ingratiated Himself With the Police
"In a nutshell . . ."
?don* A.P. Newsteatures
Rubenstein began or-
: a union, for scrap iron
ik handlers. With his
ind pitchman's skill, he
strong organization.
tember, 1939, however,
ioke was shot to death
mion office by another
tidal. His partner was
late. A psychiatrist
Id the shooting caused
he three major depres-
.! Rubenstein's life. To
tin dead friend, be be-
ack Leon Rubenstein.
draft caught up with
.ein in the spring of
piing States-side for al-
tree years as a private
ass in the Army Air
Ruby once knocked
sergeant in his unit. He
court-martialed, and he
I the Good Conduct
ipon discharge.
.8 Name
the war he peddled
s for a while, then
for Dallas to help a
Hrs. Eva Grant, run a
ightclub.
.e 1947, Jack Rubenstein
o court in Dallas to
his name to Jack L.
had never married. Re-
he told Dr. Walter
rg, a psychiatrist chosen
attorneys, that he had
en engaged to a "clean
;id" for 10 years.
his nightclub, The 511-
failed in 1962, Ruby
to his second deoponden-
ting himself in a hotel
tnd contemplating et&
clde. The blackest period con-
tinued for about two months,
Dr. Bromberg said, but he was
out of work for five.
While in Dallas, he won a
casual friendship with police
officers while acquiring a mi-
nor police record for such of-
fenses as carrying a concealed
weapon. William F. Alexander,
one. of the assistant district at-
torneys prosecuting Ruby, had
known him for 12 years; many
policemen knew Ruby in the
last decade as the operator of
the Carousel Club, one of a
block of strip clubs in down-
town Dallas.
Castro Aspect
Ruby made a trip back to
Chicago, to try, without much
success, to promote a 12-year-
old Negro singer and dancer.
Returning to Dallas, he lived
with his sister until about two
years ago, when he began shar-
ing an apartment with a 50-
year-old friend, George Senator,
formerly of New York.
In 1969 Ruby considered try-
ing to export equipment to the
new regime of Fidel Castro.
"I wanted to get out of the
beer business, to be honest with
you," Ruby told reporters at
his bail hearing. When his
scheme collapsed, he went to
Cuba anyway, but only for a
three-day vacation, he said.
On the day President and Mrs.
Kennedy arrived in Dallas, Ruby
did not join the crowd along
the motorcade route. He went
instead to The Dallas Morning
News to place Ida usual week-
end advertisement. When word
of the Presideht's agesis'ainati. on
spread through the office, Ruby
changed his ad immediately.
The . Carousel . chib, le an-
nounced, would! be cicised , in
mourning for. the President. ;
Ruby described himself a.
"stunned" by the shooting of
President' Kennedy. He' called
his sister and they cried to-
gether. "I will have to. leave
Dallas," he said. "Dallas it
ruined." He called 'friends all
over the area to conuniserate.
After attending memorial
services it his synagogue, Ruby
went � to , another delicatessen.
"I wanted to help somebody,"
he told Dr. Bromberg, ;so I
called the police, who were my
friends."
Passing out sandwiches and
coffee at the police station, Ruby
said he felt "in." He was ex-
cited by his sense of being a
participant in history on Nov.
22, 1963.
Laments Assassination
"It was a ffeld day for me,"
he said.
When he got back to his
apartment on ,South Ewing
about 8 A.M. on. Nov. 23, he
woke George Senator. The
first thing Ruby asked was
whether his roommate bad seen
his ad, closing his club. He was
the first one to Worse, Ruby said
proudly.
According to Mr. Senator,
Ruby began to weep and lament
the assassination.. He tied it to
an advertisement that had ap-
peared the previous morning in
The Dallas News, bordered in
black and sharply questiouing
the President's policies toward
Communism.
Rousing Mr. Senator and an
employe at the Carousel Club,
Ruby set off on a round of in-
vestigations. He photographed
an "Impeach Earl Warren"
poster' and he checked at the
post office for the box listed in
the anti-Kennedy ad. He seemed
to connect any optiOsition to the
Administration with the assassi-
nation.
Dazed Condition
When Mr: Senator saw Ruby
Sunday morning, he was still
dazed. A' performer at his club
called Ruby from Fort Worth
and asked him to wire her 626
for her rent. He agreed.
By the time he reached the
Western Union office, it was
after 11 A.M. Dallas police offi-
cials, had announced that Lee
H. Oswald, the accused assassin,
would be moved to the county
jail at 10 A.M. But as 'Ruby
passed the police station, he
says, "curiosity got the best of
me." He parked his car and
walked unchallenged down the
ramp into the jail basement. He
was carrying a pistol.
The prosecution contends that
Ruby planned to kill Oswald, in
the mistaken belief that be
would be a national hero. The
defense argues that Ruby al-
ways carried more than $1,000
In cash and bad the pistol for
self-protection.
Brain Damage
Physical damage to his brain
at some point in his life, a de-
fense psychologist has testified,
had left Ruby with psychomotor
epilepsy which led to periods of
automatic reaction, with no con-
trol or later memory of his ac-
tions.
Extensive physical testing to
establish whether his brain is
organically damaged has been
approved by JudgeG Joe B.
Brown, The tests are to be con-
ducted before the beginning of
Ruby's trial, tentatively set for
Feb. 17.
Ruby walked directly to the
exit ramp and arrived as Oswald
was being led in handcuffs to a
police car.
Ruby told Dr. Bromberg that
It flashed through his mind that
Oswald was "smirking, cunning,
a Commie, a rat. .
"He took another stride, his
hand in his pocket (by this time
he was within two feet of Os-
wald)," Dr. Bromberg relates.
"The next thing he knew, he is
on the ground with men over
him. . . . He recalls saying, 'You
don't have to beat my brains
out. I'm Jack Ruby.'
"He felt curiously relieved
while he was wondering Why he
was on the ground.'!
� arammerse
Grieved l Slaira President.
y Says He Shot_BeeauseOswald
1.'Wiped Out Everything I Lived For'
�Fourth in a Series
� By Jack Ruby �
With William Read Viroodfield
In this article, Ruby describes
the 24 hours before he shot
.down Lee Oswald.
� DALLAS�About 11:30 a.m.
got up, washed, dressed
�kid went to "the ,wreaths."
(The spot- in Dallas where
President John F. Kennedy
was shot -was marked with
flowers and wreaths by Dal-
lasites).
saw Officer Chaney (a Dal-
las policeman with whom Ruby
Was friendly) on the curb and
asked him to show me the win-
dow the shots were fired from.
Ile did and I looked up and
felt sick.
At the wreaths, I said, "We
grieve for you." I looked at
ac.h wreath and read what
they said. It was too sad. "We
grieve for you, Mr. President,"
I said to him.
About 1:15 p. m., I went to
Sol's Turf Bar and a lot of
guys are talking about the
Weissman ad (an anti-Kennedy
ad in the Dallas News). They're
screaming mad. I said, "Look
what I've got. Three pictures.
'impeach Earl Warren." (The
dm before, Ruby had taken
, pictures of a poster with these
Words on it.)
Calls Lawyer on Picture
� About 2:30 p.m., I called
lawyer Stanley Kauffman and
told him I had this picture
and thought he should do
something.
"What?" he said. I didn't
know what. I went back to the
guys and made a speech about
Dallas being a good town. I
let off steam. Then I left.
After' 2 p.m., I watched TV
of the President's coffin being
moved from the White House
and drank juice�glass after
glass of juice � and I was
dried out from crying.
About 8 p.m., I went home
and made dinner. I watched
the- mourners pass by the
President's coffin thousands
of ' them�thousands of griev-
ing Americans.
- About 1.0 p.m., I went to the
CatiguseP and. called � Ev (his
4. sister). fleard 'the ,TV ozi � in
the-. background.-1 .asked � her
what was happening. She said,
"Sadness is all. They're mov-
ing that creep to the jail in
the morning . . . at 10."
Sunday, Nov. 24, about 1
a.m., I had no occasion for any
gaiety. I was in mourning. I
went to bed.
Took Diet Pills
About 9:30 a.m., I was up
early. I was sad. I took my
diet pills and a cold prescrip-
tion.
The diet pills help me with
my diet but they aggravate
me. They make my problems
worse and I had doubled my
dosage four or five days be-
fore.
When I take a drink with
them, I get nasty, mean and
conceited. My friends don't
know me. I don't care about
the business. I just want to
have a ball. This morning I
also took CRD tablets.
I was watching TV. Rabbi
Seligson in New York was
eulogizing the President. I
became very emotional. He
really brought this thing home
to me.
About 10 a.m., Linn (Karen
Linn Bennett, an entertainer
at Ruby's club), called, asking
for $25 to pay her rent. I told
her I'd be going downtown
and would send the money to
her in care of Western Union
in Fort Worth.
About 10:15 a.m., I put my
money in one pocket and my
pistol in my right trouser
pocket. I got in my car and
pulled out. '
About 11 a.m., I went down
Main Street and I saw TV and
all kinds of people in front of
the County Jail. I knew that
Oswald was going to be moved
at 19. I glanced at a clock.
It was a couple of minutes
past 11. I assumed that he had
already been moved to the
County Building from the City
Jail. I continued on up to the
Western Union office and as
I passed the City Jail I saw
people there, too.
I could see people down the
ramp in the basement. I got
out of the car, left Sheba (his
dachshund) -and went-into the
Western Union office. I waited
my turn od sent Linn .$2.5
The clerk stamped the �;inek
Sage. while Is was:�still ,th_e
telegraph office. The time
stamp says 11:17 a.m.
Then I walked out of the
telegraph office and started
back toward my car. I. passed
the ramp to the basement of
the City Hall. An officer was
directing cars out of the base-
ment and I walked down the
ramp just as a car driven by
Sam Pearce�an officer I've
known for years�came up
the ramp at full speed. I
just took my normal stride
and walked down the ramp.
Sought Closer View _
At 11:19 a.m. I reached the
bcittom of the ramp. I didn't
see anyone I knew. I put my
hands into my pocket to be
comfortable and walked to
get a closer view of whatever
was going to happen. Sudden-
ly there was a great coinmo-
tion.
Out of , there walked Os-
wald. He' was about 10 feet
from me. He came out all .of
a sudden with a smirky, defi-
ant, cursing, vicious. Commu-
nist expression on his face.
I can't convey what impres-
sions he gave me, I lost my
senses. There was no one
standing by me. Suddenly this
person pops out.
I must have pulled my gun
and took a couple of steps.
They (the police) could have
blown my head off. I must
have been crazy. I only shot
him once.
I had no thought of doing
any violence to anyone when
I went down there. I didn't
even think about it. This man
had wiped out everything I
loved and lived for. �
I remember being down on
the floor and I said, "You
don't have to beat my brains
out. I'm Jack Ruby. What am
I doing here? What are you
guys all jumping on me for?
Why am I here? Pm Jack
Ruby. I'm not somebody that's
wanted."
11:21 they dragged, me
into the e le va to r." They
brought me ' upstairs.. They
told me I had shot Oswald.
That was the first time I real-
ized what I had done, I said,
"My Gott �:My; God!" , * .
SATURDAY; Questions ,ond
A.nsiversc
: v19t4 liceliclic.` MO' Ana
'Resit Weinifil314A-,Wiisciti reserved.
3
3
S.
a
1.
I.
POSINNNIMMNO
Ruby's Travels Included
Trips to Cuba and Mexico
Last in a Series
By jack Ruby.
And William Read Woodfield
DALLAS � The following
Is the last half . of an inter-
view with Jack Ruby, who is
to be tried in Dallas for the
murder of Lee Harvey Os-
wald:
Q�We have heard that you
traveled to Cuba. Would you
tell us . about this and about
any other traveling you .have
done?
A�Well, three or' four
months ago I went to New
Orleans and stopped off at
Aetna to see Candy Barr (an
exotic dancer). I spent two
days with her. I was also in
Houston. I haven't been back
to Chicago since 1958. '
Q�What about foreign
travel?
A�I only went to Laredo
and Juarez, Mexico. Also to
Windsor, Canada, out of De-
troit. I did go to Cuba in '59.
I had a good friend there
from Dallas named L. C. Mc-
Miters (Las Vegas gambler).
He wanted me to come to
Cuba to see him. He sent me
the plane ticket to Havana. I
stayed 8 or 10 days.
Q�Did you have anything
to do with Cuban politics?
A�No. I didn't fool around
at all in any political activi-
ties In Cuba. I bought a ticket
to a day-long celebration,
that's all. I never went back
and I had never been there
before. And I haven't re-
ceived any letters from Cuba.
Q�Did you ever run guns
Into Cuba?
A�No. But when Castro
came into power, I thought
Cuba was going to be a new
and democratic country and
I tried to sell them surplus
jeeps. I was going into the
G.I. surplus business. I saw
a lawyer about it in Houston,
Tex., but he told me I was
too little a punk for such a
deal. But there was no talk
of gun running. A lot of peo-
ple have called the. FBI and
told them a lot of things, just
� trying to , get into the act.
'
�4-4�Q--z-What' organizations do
you or did. you belong to?
A�The Boy Scouts, the
'Democratic Party, the Variety
Club and AGVAr the enter-
tainment union. I was never a
member of the Communist
Party or any such thing, or
any subversive organization. I
made donations to Angels,
Inc., which is a home in
Dallas for homeless kids. As
for the Fair Play for Cuba
Committee, I do not belong to
It, never belonged to it and I
have never received any lit-
erature from it or any other
Cuba organization. I once had
an argument with some guy
about communism and had to
throw him out of the club.
Q�Have you ever had any
trouble with mental illness?
Or has your family had a his-
tory of mental Illness?
4�Wel1, I've been hit on
the heed a few antes but
Amor h..N nrival:11 rat ohs er.
scientific test the FBI wanted.
They said they didn't. want
me to,. I want to be.bona fide
with the FBI.
Q�Are you sorry?
A�Yes;
Q�Would you do it again?
A�Oh, hell, not
Q�What if Oswald were not
the man?
.A.-Then. Dallas police and
the District Attorney's office
made a hell of a mistake. My
attorneys tried to get Henry
Wade to agree In court that
Oswald was the killer of our
polygraph test or any other President. Henry Wade re-
fused. I can't understand why.
With my own ears I heard
Henry and Chief Fritz say
there was no doubt that Os-
wald*was the assassin and ,he
said Oswald wasn't insane,
that he knew What he was
doing, that he planned the
murder of our -President awl
Henry promised that he would
kill Oswald in the electric
chair. .
I know Henry Wade is an
honest man. I believed him.
Oswald was a dead man be-
fore I shot him.
0_1964, Jack Ruby sad William Bead
woodzieid. All rights reserved.
QWff�ganizations do
� you or did you belong to?
A�The Boy Scouts, the
'Democratic Party, the Variety
Club and AGVA,- the enter-
tainment union. I was never a
member of the Communist
Party � or any such thing, or
any subversive organization. I
made donations to Angels,
Inc., which is a home in
Dallas for homeless kids. As
for the Fair Play for Cuba
Committee, I do not belong to
It, never belonged to it and I
have' never, received any lit-
erature from it or any other
Cuba organization. I once had
an argument with some guy
about communism and had to
throw him out of the' club.
Q�Have you ever had any
trouble with mental illness?
Or has your family had a his-
tory of mental illness?
A�Well,. I've been hit on
the head a few times but I
don't have a metal plate in
my head or anything like that
There's no history of mental
Illness. In 1958 my lrother,
Earl, had some problems and
had himself committed to the
Veterans Administration hos-
pital. My mother, who passed
away in 1943, thought my
father was taking the chil-
dren's love from her but I
don't know if that means any-
thing:
Q�Have you ever thought
of suicide?
A�I was very depressed
when my business failed in
'52. I broke down completely.
I wanted to commit suicide. I
just stayed in the Cotton Bowl
Hotel for several weeks. I
didn't want to face people. I
was ashamed of being a
failure in Dallas. I left for
Chicago. Earl helped me a
lot. I found the courage to re-
turn to Dallas and I've been
here ever since.
Q�Let's go into your feel-
ings about the events of No-
vember 22.
A�I was in mourning from
the minute I heard the news.
The world had come to an
end.
Q�How did you feel about
Oswald?
A�When he *appeared be-
fore me, something inside me
went blank and it just tore
out of me. I never saw that
kind of person (Oswald) be-
fore in my life. Oswald had
blemished this beautiful city.
Those are the things that
went through my mind. No
one knew I was going to shoot
Oswald�not even me. I had
not discussed it nor thought
of it. There was nothing to
discuss. No one helped me or
gave me access. ,
Q�Do you feel you did a
service to the United States
by shooting Oswald?
A�No. It isn't a service to
the country. It's a shame.
But I didn't do it intention-
ally. I didn't even know I had
done it. I'm sorry I did it. I've
embarrassed my country.
Q�What do you think
should be done with you?
A�I feel that something
should be done with me. I'm
willing to go into a mental
hospital and stay as long as
It's necessary, even if it's the.
rest of my life. I've offered
to submit to truth serum test,
.t
The Enigma of Jack Ruby Defies
Explanations by Old Friends
By BERNARD GAVZER
Associated Press Writer
DALLAS.�Jack Ruby killed
more than a man. He killed a
secret
The bullet he fired November
24, 1963, while =1111011i watched
on television, destroyed Lee Har-
vey Oswald and gave history an
unanswerable riddle: Why � was
President John F. Kennedy assas-
sinated?
Before Oswald could begin to
provide answers to the riddle,
Ruby. Pushed his way Into the
picture killed Oswald, Why?
�'been quick answers:
with grief and
vely to avenge the
killed to get pub-
elf and the ship
ted. He was part of
r� �
vior in jail indicates
,Ors ubled by the ques-
lAttn;Itclt Pfte �
(Ant alngently gives little
�than, � Igit�P lilj fate.
�rogne Milts ;most frequent visi-
tors ti hia414,ter, Mrs. Eva Grant.
Heroyisitsgagei welcomt-butniec-
Wells 0,11k9tber-slster bickering
desanok miniali easily.
llit1g0.0304PUtine hasn't cooled
._Ubris Mansion: for keeping trim.
Withf 019aagto)185 pounds on his
Agglie, he Is stocky. But
hair worries him.
bs or brushes his
at lost doing it as
j or enterprise.
�: trap
O. .he worries about
what peopleethink of him.
"When he reads letters from
people who tall him he did right,
or otherwise compliment him,"
says one of his visitors, "his spirits
go way up. He says he has had no
mail from anyone criticizing him.
Maybe they only give him the
complimentary mail. I don't
know."
"Class" is an important word to
Ruby.
Ruby was tb,e sixth of nine
children born to ioLeng�,Enhen.
fWit a carpenter from Sokolow,
Poland, and his wifek2aintie-He
was born March 25, 1911, in a flat
on Johnson street, now Peoria
street, in an area of Chicago
known as the Maxwell Street
Ghetto.
A few neighbors and amid-wife
attended Mrs. Rubenstein. The
delivery was made by Dr. Joseph
Bolivar Delee, later memorialized
in "The Fight for Life," a book
about medical heroes.
Mrs. Marian Carroll, then a girl
of 8, remembers Dr. Delete Wring-
ing the baby into the kitchen and
hearing him say: "He's going to
be a baseball Player."
They called the youngster Jake.
In the Smith Elementary School
yard,' young Jake learned the
toughening games of buck-buck
and run-sheep-run and kick-the-
can. He also learned to fight the
Italians who came down from
Taylor street in Little Sicily.
His sister, Eva, remembers him
as a kid who moved lazily. She
called him � "Sparkplug;" after a
plug-horse in a popular comic
strip. He also was called Jack.
The Ghetto kids were shunted
onto the street and stayed there
until it got too dark or too cold.
But one place in. which the Ru-
benstein children always found a
warm welcome was the Holy
Family School.
� "We played a lot in the base-
ment at Holy Family," recalls Earl
Ruby, now 48 and proprietor of a
cleaning and dyeing business in
Detroit. "The nuns were wonder-
ful to us. They gave us milk and
cookies in the afternoon."
The Rubensteins kept moving
from flat to flat with their eight
children. One daughter, Jeanette,
died in 1909 at the age of 2 from
Injuries suffered when she was
scalded in the kitchen.
By the time Jake entered the
Shepard School, he apparently
was a hellion. "Sparkplug" became
Snarky, a name that has remained
with him, specially among his
Chicago friends. .
"Sparky was a real scrapper,
even when he was 10," Says broth-
er Earl. "He was always getting
Into fights and winning 'em. I
think that's the main � reason Pa
liked him so much. He was the old
man's favorite. I remember Pa.
was always bragging about 'my
boy, Jake."
The bqys-41gman, now 81 and
salesman of florist supplies in,
Chicago; Sa w 60 and' opera-
tor of Taundromat servicing
business in Dallas; Earl and Jack
�all had to atterigreXlis
-
school after regular school hours.
"It was worse than anything,"
Earl recalls. "They could do any-
thing to you. I dant know how
many times Sparky took a hit on
the head. We used to get such a
hit with the ruler"
Parents Split
The family was having troubles
that the younger kids couldn't
understand. Joseph and Fannie
separated in 13. aparky,-Eirl,
Sam and baby sister Eileen, were
placed in foster homes.
Ruby reached confirmation age,
13, while in a foster home. But he
never had a bar mitzvah, the
traditionally vital event in Jewish
life.
Being 13 also meant a boy got
his first long pants, and he could
go into Davey Miller's, a popular
poolroom hangout on Roosevelt
road, the big street of the "Great
West Side," as the area was called,
sometimes derisively, by its inhab-
itants.
The elder Rubensteins recon-
ciled in 1926 and moved into a
new flat on the west side. Sparky
and the others had their first
Thanksgiving turkey in this flat,
Sister Marian says, "and Ma also
learned how to make chop sueY
with kisher food because we told
her how delicious it was."
The big event in Jewish social
life-was the Sunday softball game.
And, as though true to Dr. Lee's
casual prediction, Sparky was
good at it.
"He was a hell of a ballplayer,"
says brother Earl. "Sparky wasn't
lust good, he had that extra
something. He was a scrapper, a
61:1-$0 guy." �
A Scrapper was admired, so it
was no surprise that Sparky's first
hero shoud be Barney Ross, later
world welterweight and a light-
weight champion.
"When I was in the amateurs,
Sparky was with me. He'd come
around to carry my bags and go in
free at the club fights," says Ross.
"He was with me the night I won
the golden gloves in '29. I've been'
his friend ever since."
Quit School at 16 �
Sparky had little knack for
schooling. He dropped out of
Roosevelt High School after six
months. He was then 16.
The depression brought political
zealots of all hues into the ghetto,
but if the Rubensteins paid any
attention it escaped notice.
"The only thing political I
remeMber," says Earl, "was wres-
tling. at� the Democratic Party
meetings for a couple of bucks. .
"We' were too busy hustling for
every cent � we could. We'd do
everything. Scalp tickets at Wrig-
ley Field � and at Comiskey Park
and at Soldier Field. At the foot-
ball games' we'd ask people if we
could watch their cars. The idea
was that if they didn't tell you
okay, they could expect the air out
of their tires."
The guys who used to hang out
at Davey Miller's still remember
the 1927 Dempsey-Tunney fight
mostly for the guys who get in
tree. Sparky was one.
"We snuck in all right," says
Benny Barrish, now a liquor
salesman in Ban Francisco. "But
that story about Sparky having a
metal plate in his head because a
cop clobbered him with a night
stick is bunk. A cop did throw a
stick. But he didn't hit anyone."
In 1933, Sparky went West,
along with Benny Banish and a
few others from the neighborhood.
"I was fighting as a feather-
weight," says Barrish, "and work-
ing my way West by fighting.
But when we got to Fri800, we all
went into the canvassing bUsiness,
what they call 'conning the
doors."
Sister Eva also joined the sub-
scription sellers. The newspapers
paid the sales company from 75 to
90 cents for each one-month
subscription. A salesman could
make $15 a day, and a real hustler
could even pick up 830.
"Sparky was damn good at it,"
says Benny Bearish. "He conned
the doors for the Examiner and
would tell people all kinds of
stories, like if he sold 10 stibeeriP'
tions the sales crew would win a
radio to give to the blind, or with
one more subseription he eauld. get
a scholarship."
Eva Grant, married and di-
vorce set up a home for her
Young son,, brother Sparky, friend
Benny and another. young ':man
from Chicago on 'Jones street, in
the San Francisco tenderloin. The
neighborhood .gave., Eva many
second thoughts. ��� .1 �
"That place we lived. in,", she
remembers, "every ' rdght guys.
would come looking for Opal,
let, Denise. Maureen. I:neyer even
heard such names."'
Easy women were all right, but
Ruby, it is said; sought something
else in a woman. He-found it in a
'girl bearing the name of a revered
theater family.
"She was a very high class,
refined girl," Ruby told one of his
visitors recently. "But her mother
couldn't see me. She broke it up."
Ruby left San Francisco in 1937
to join an old friend, ..Leon
9ooke, in a plan to organize junk
� yard workers in Chicago.
About the same time his moth-
er was committed to Elgin State
Hospital at the request of Hyman,
the oldest child. Dr. 'Jahn J. Mad-
den and Francis A; Bid* conclud-
ed that "her � disease is senile
deterioration, paranoid state." She �
was paroled one,readinitted and
finally discharged as' improved in
1938�: �
*Behind on Illness
"Mama's illness really began
when Jeanette died," says Mrs.
Marian Carroll. "That's what the
report doesn't show. It doesn't
show how she ran out to Wald-
hebn Cemetery almost every
week for so many years."
With Cooke, Ruby, impressed
some people as being a caricature
of a movie bodyguard.
"Sparky would just stand there
with Cooke," recalls an attorney
who had an office near Cooke's
law office on Chicago's Randolph
street. "He'd stand there, saying
nothing, nicely 'dressed... holding
his hands in front of him like
some goof."
Cooke was killed in December,
1039and according�to an attorney
who was very close to the situa-
tion "it didn't seem like there was
any room for Sparky any more.
One thing I'm sure of though is
that he never was on the payroll
of the Waste Material Handlers
Union."
The union was expelled from
the AFL-CIO during a corruption
purge in 1957.
Ruby worked around Chicago
, "ooneessioning aporting events
and concerts and things, like
that," as he puts it. Others trans-
late this to mean he sold souve-
nirs, programs, etc., until he was
drafted.
Crock Shot
He received training as an Army
Air Corns mechanic at Republic
'ties
would win a
lind, or with
could � get
ed .and di-
me ,for 'her
perky, friend �
young iman �
street, in
derloin, The
' Eva many �
ved in,". she
'..night::* CM,
or OW, Vico.;
I neyer even
r�
all right, but
ht something
found it in a
of a revered
' high class,
Id one of his
her mother
ke it up."
else� in 1937
d. ;eon It.
rganize junk
o.
his moth-
Elgin State
t of Hyman,
Ohn J. Mad-
alt conchid-
is senile
Id state." She �
adrilitted and
sImproved in
really . began..
'" says Mrs.
t's what the
. It doesn't
Out to Wald- '
st every
09
Impressed
a caricature '
t stand there
an attorney
near Cooke's
o's Randolph
there, saying
ed, holding
of him like
in December,
to an attorney
to the situa-
like there was
ky any more.
of though is
ion the payroll
rial Handlers
expelled from
a corruption
und Chicago
rting . events
things like
Others trans-
he sold soave-
., until he was
as an Army
o at Republic
-
----- THE SUNDAY STAR
Washington, D. C., February 2, 1964
Jack Ruby at a bond hearing in Dallas last week.�AP Wirephoto. ,
Aviation Corp's factory-training
course at Farmingdale, N. Y. He
emerged with a rating of "very
satisfactory."
He saw service at five camps
Keesler Field, Mies.; Seymour
Johnson Field, S. C. (where he
qualified as a sharpshooter with
a carbine); Bluehenthal Field,
N..C.; Chatham Field, Ga., and
Drew Field, Fla. Mustered out in
1946, he went to Dallas a year
later at the suggestion of Eva
Grant, who had moved there
earlier.
They opened a night club called
the Silver Spur on South Ervay
street. It subsequently was suc-
ceeded by a place called the Club
Vegas. Backed in part by a friend,
he opened the Carousel, a brassy
strip-tease joint in downtown
Dallas.
Ruby, who changed his name
legally from Jake Rubenstein to
Jack Leon Ruby in 1948, soon had
a reputation in Dallas as a guy
who wanted class.
"Be wanted to be liked, and he
was," says Joe Cavagnaero, a hotel
executive. "He'd do anything for
you if he liked you.. He could be in
the hole to someone but he'd still
loan you Money if you needed it."
His idea of the ultimate in class
was a man who would dedicate his
life to � something, � despite its
heartaches and aggravation.
"That Kennedy, what does he
need such headaches for?" he
would ask. "He's got everything, a
nice wife and kids and millions of
bucks. Millions. What does he
need with those Cubans or those
nuts who are against him? Who
needs it?"
It was the search for class�
which in a sense may have been
Ruby's word for the American
dream�that drew him to a soft-
voiced, gentle woman who is now
secretary to an insurance com-
pany executive.
"We went together most in 1955
and 1958," she says. "I was di-
vorced then and my former husT
band has since passed away. Nttrr
Ruby and I talked often about
marriage but we never became
formally engaged. We began to
drift apart and stoned seeing one
another in 1959.
"He certainly was a gentleman
to me. He was kind and consider-
ate. Anything / would Say about
him would be nice. It was such a
shock to me when � he shot
Oswald."
amt uir sitive uerSUatilVe stream
. .
C-3
But for all his gentlemanly
behavior, he still was a fast man
with his fists. He broke his hand
in 1958 hitting an obstreperous,
patron.
"Jack didn't like hecklers," says
one of his strippers.
He was quick 40 t!1:1 P9l4� al.:1010
shady characters, too.
"Ruby was no stool pigeon, but
he was damn good about tippins
the cops about drunks or police
characters," says a well-informed
source in the district attorney's
office.
Despite his readiness to scrap,
Ruby stayed clear of serious
trouble. There is no police record
on him in. Chicago or San Francis-
co, and the only marks against
him in Dallas' are for after-hour
sales of beer.
As a rule, he left his $125-a
month apartment at 223 South
Ewing each day for a workout at
the YMCA. He shared the apart-
ment with George Senator, who
describes himself as a wholesaler
of postcards and an occasional
ticket-taker at the Carousel.
Recently a visitor asked about
his ambition in life. Ruby thought
about it awhile. Then he said:
"A success."
vs. tatO tate WUrtg tne '
le,
an
he
re-
ra.
re-
he
el-
!rs
Jrs
he
Are
id
et
a
�
United Press International
' JACK RUBY
. . at hearing in Dallas' s
1
ic
ai
d;
T04
si:
sa
ki
Si
an
let
Jo
Ba
bo
In
allas Could
'messes
i . , - ..z). �,.. .. ,. -. , , . -, � �
,-.4*(..;.By.taymond Holbroole''.-;.
1PALLAS.;�Feb.', 10 (P)�The torneyi ..."got 'togith
first 7defeine.Opietses�:testi- syndicated life sto
fled :today that.they-tnink Jack
Ruby . can -:get....4 fait . trial in
Dallas� on the charge,. that he
murdered the . man : accused Of
'assassinating President J o h'n
F. Kennedy. � . '
s.. .,.Theif.::,testimony came in; a
.il bearing'. on a i defense motion
to4rinsfer:the trial to another
re ...clf:ThP:Vtilf_Lltself is ached-
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Al se*(if witnesses
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netice Of ,eaCe
rier04.4101344i, vibe� a beeb
a -Dalla8 newspaperman for 25
YeartObalci when Wade asked
if Ruby ,could get an .impar4
tial jury here:
"Try,to get .one and see."
:Belli began calling Witnesses
from a list of 176 he had sub-
poenaed, After District Judge
Joe B.. Brown ruled against
him on. three counts:
1. A defense motion that
would have required the State
to turn over to the defense all
Its evidence against Ruby.
2. An attempt to read into
the record many newspaper
stories about the case.
3. A motion to move the
published'
newspaper
-Belli :lea _ed. Up.
that "a 'del erate.lf,:t4e.4
, In talki g � with.i; Aft
before the hear Vit
Ruby had indicatetha
sister. Eva Grant.'
material for the ste
jail visits. Wi
passed it on to' a
Ruby. saidJiejad
he ante)t
sionsh-Jo4
defense. �:
0
at
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traged
tAnother iwitness as as
PierCe2gairide�Wijo.,Vaittieen
newspaperman for :tOi. 26
6 ye ari.;,..teht-- ivheii.Nacje;:asked
if ;RtibY� . eould1:4et'
tial.-jury
'Try to get one and see" �
-� Belli .begadcalling Witnesses
from a list of .176 he had sub-
poenaed,� After. District. Judge
Joe .B. Brown ruled against
him On,three counts:.� � .
1. A defense . motion that
would have required the State
I to turnover to the defense all
Its evidence against Ruby.
2. An attempt to -reed into
the record many newspaper
stories about the case.'�
3. A motion .t� niove�,-Ihe
Ruby trial without going into
any kind of evidence.
?. Ruby, 52, slicit Lee Harvey
: Oswald in the' basement of
Dallas City 'Hall as be was
being transferred from City
Jail to County Jail on Nov., 24.
The hearing saw bitter ex-
changes between opposing at-
torneys.
At one point, Wade indicat-
ed that he thought defense at-
aft 4111.
DALLAS IMPUGNED
.BY RUBY LAWYERS
Leaders Said to Seek Death
Penalty to Vindicate City
By JACK LANGGUTH
Special to The New York Times
DALLAS, Feb. 10 � Jack L.
Ruby's defense attorneys began
attempting to demonstrate to-
day that the business leadership
of Dallas wanted Ruby execut-
ed to prove that law and order
exist here.
Melvin M. Belli, the chief de-
fense lawyer, said that testi-
mony from Dallas residents and
clipping from newspapers and
magazines would show that no
resident of Dallas was indiffer-
ent to the outcome of Ruby's
trial.
Quoting Associate Justice
Tom C. Clark of the United
States Supreme Court, Mr. Belli
said that indifference to
the conSequences of the verdict
is the prime requisite of a juror.
Before the hearing began on
the defense's request that the
Ruby murder trial be moved
from Dallas, the 52-year-old de-
fendant was again questioned
by newsmen. �
Ruby, a night club proprietor
who shot Lee H. Oswald the
accused assassin � of President
Kennedy, said that the "com-
mercialism" in selling his lif's
story to a freelance writer
"might not have been in the
best of taste."
Needed the Money
Ruby explained that he would
rather have collaborated closely
with ttf writer," h has ld
artielis 'with 'Ruby's byline to
newspapers around the country.
"But we were in urgent need
of money," Ruby said. � ' �
He alio said that the trans-
action had been handled through
a brother, Earl, to whom he has
given power of attorney. �
One of Ruby's sisters, Mrs.
Eva. Grant, said later that Ruby
had written some notes for the
articles during his first days
in jail last November but that
there had been deletions and
Inaccuracies in the published
articles.
Ruby, a health faddist, said
he had been doing sit-ups and
push-ups in his jail cell to keep
trim. He said he sometimes
talked to other prisoners in the
county.. jail oarni they're., with
me:?t1,1 . , � ,
Ruby:- described a call ' from
Barney Ross, a former boxer,
to Ruby's � family in New York,
as ;!fp, tremendous lift,. to my
s 14
Mr. 11,640, Is. a lotig4imeliero
Of his,. Ruby paid:
"He told mY. Sister' he IvPuled
he ,WaS'infjail ,trIste,ad of:5 me,"
Ruby ratriarked:X.
tiriniMed Occa.;�
tears' ns,, hCaold
imp, the ;Bihlif:fhad
When the heiring got under
way, Mr.' Belli 'tin(' an associate,
Joe Tonahill, � focused their
questions on the Dallas Citizens
Council.
The 28,4-member council, not
related ,* to Southern white
supremacist groups, is a non-
profit organization of Dallas
businessmen. It exerqises lead-
ership in many aspects of the
city's civic, social. and cultural
life.
In questioning the first wit-
ness, � a clergyman who is a
I., professor of theology at South-
ern Methodist university, Mr. T
0 nahill returned ;epeatedly to the
question:
i Had not the business leaden(
I of Dallas begun, after the ini-
!MI shock of the assassination
I had worn away, to concern
:themselves with preserving the
1"Image" of the city?
Prof, Frederick Carney, who
had written an artiole called
"Crisis of Conscience in Dallas,"
noknoWledged that the mood of
Dallas Wade* had
' quly
'changed in late Novelnhe from
Associated Press WIrephoto
RUBY TALKS 'WITH REPORTERS: Jack Ruby, center, is flanked by lawyers Joe
H. Tonahill, left, and Melvin M. Bell, at conference before court hearing in Dallas.
soul-searching to a defense of
the city.?
But the professor objected tc
what he termed Mr. Tonahill's
efforts to make unwarranted
generalities from statements in
the article.
Professor Carney also said
that the word "oligarchy,"
which he had used to describe
the business leadership, was a
neutral, sociological term arid
did not imply a value judgment.
The session was marked, as
an earlier ball bond hearing had
been, by angry exchanges be-
t wee.n Mr. Belli and the prosecu-
tion, led by District Attorney
I Ienry Wade.
"Let's cut out the sidebar re-
marks and gibes," Judge Joe
B. Brown cautioned Mr. Belli
early � In the proceedings. "I
don't want to cite anyone for
contempt, but I assure you I
'will."
Judge Brown Upheld Mr.
Wade's objections to the de-
fense's reading scores of clip-
pings concerning Dallas.
, "If you read all of those, Mr.
Belli," the judge said, "we'd be
here 25 years."
"To prevent them from hang-
ing this man, judge," Mr. Belli
answered, gesturing toward
Ruby, "I'd stay for the rest of
My life."
The mita called today
eluded Prof or Carney, a Dal-
las justice � the peace and
the court's b
A. C. Greene, the editor of
The Dallas Times Herald edi-
torial page, testified on an
editorial he wrote last month
that ended with the words "we
are on rial."
Mr. Greene said he had writ-
ten the editorial as a personal.
plea "to some of the people,
connected with the court not
to become too outlandish.".
"My battle with he Dallas
moral climae," he writ on,
"goes back long before ' the
shooting of President Kennedy
and Oswald."
Calls Fair Jury Possible
Questioned by Mr. Wade,
however, Mr. Greene said that
it would "be possible, of course,
to select 12 unbiased jurors."
"There is a large enough per-
centage of people uncommitted
to any viewpoint," he added.
The judge has called 900_ po-
tential jurrors, about 40. per
cent more than the usual num-
ber, for the trial, which :is
scheduled to begin next Monday.
Mr. Belli said that the change
of venue hearing might end on
Wednesday. ;
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Flanked by attorneys and nearly swamped by reporters, Jack Ruby is'
interviewed, in a Dallas courtroom.�AP Wirephoto.
Doubt Ruby
Can Get Fair
Trial in Dallas
DALLAS, Feb. 11 (AP).�The
President of the Nelman-Mar-
cm: store and the president of
Dallas County's criminal law-
yers both testified today Jack
Ruby Would have a hard time
getting a fair trial in Dallas on
the. charge that he murdered
Lee Harvey Oswald.
Stanley Marcus of the. store
said: "I have grave reserva-
tions whether the defense or the
prosecution, can get a fair trial
in Dallas."
He said a fair trial would. be
"mine likely some* other place
than here" � but he didn't
know where.
Clayton Fowler of the Dallas
County Criminal Bar Associa-
tion told defense attorneys "it
would be most difficult" to give
Ruby a fair trial "while the Na-
tion is trying Dallas."
Shootings Synpnymous
Ruby stepped out of a crowd
of newsmen and shot Oswald to
death on November 24 as Os-
wald Was being transferred
from City Jail to County Jail.
Oswald had been charged with
murder in the assassination two
days earlier of President Ken-
nedy and the killing of Dallas
.Patrolman J. I). Tippit.
Mr. Fowler,: said he. believes;
-. many people ih Dallas feel "the.
two shootings were synony-
mous." *. �
Mr. Marcus and Mr. Fowler'.
testified in the second day of a
hearing on a defense motion to
move Ruby's trial to ,another
city.
Ruby's murder 'trial is sched-
uled to begin herekMondtiy. His
defense is seeking ,a change of
, venue on grounds -"there is a
blueprint" in Dallas to deprive
him of a fair trial. ,
Defense Attorney Melvin Belli
told' newsmen today � that if a
transfer is-not granted, he will
be ready to begin the trial on
Monday.'
Listens Carefully
Five of the seven witnesses
called by the defense yesterday
testified under cross-examina-
tion that they felt 84 impartial
jury could be obtained in Dal-
las. A sixth Was less positive but
said an effort should be :pads
to. empanel a jury.
Ruby, appearing pale' and:.
wan from his two and. 10,hall
months in jail, listened 'careful;
lyt to proceedings in the change
of venue hearing before District
Judge Joe B. Brown.
Before the hearing started, lie
told reporters that' readin4 the
Bible in jail has given him a
new view of life, adding, "It
takes tremendous power of
mind to forget things- on the
outside." '
%
Ruby Attorney.'Links!
Publicity Man to 'Plot'
DALLAS, Feb. 12 (AP).�De-
fense Attorney Melvin Belli
charged today that a public
relations firm is "part of the
conspiracy of the oligarchy that
exists in Dallas to deprive Jack
is to do so for newsmen as-
signed to the triaL .
The courtroom will seat 62
persons. Judge Brown has ruled
that 48 seats will be available to
the press and .the rest to the
Ruby of a fair triaL" public. There have been appli-
Sam R. Bloom, head of the cations for more than 300 press
agency, said he had volunteered
as a public service to help Fed-
eral- Judge Joe B. Brown with
press accommodations for the
Ruby triaL . 4 '
� Mr. Bloom testified � as the
first witness in the third day of
a hearing on a � defense motion
to transfer Ruby's trial on a
murder charge in the shooting
of Lee Harvey Oswald, accused
presidential assassin.
� Unfairness Charged
The defense contends Ruby
cannot obtain a fair trail here
because- Dallas' leaders are so
anxious to brighten the city's
image before the world. ' �
� Stanley. Marcus, president of
NeiirtaiRdarcuiiid a nurabeil
Of Other leading citizens, Includ-
ing the president of the Dallas
County Criminal Bar. Associa-
tion, testified yesterday they
doubt that Ruby could get a fair
trial here.
, Mr. Bloom said he thought
Ruby could get a fair trail in
Dallas.
Disputed by Judge
Defense attorneys -rhad sug-
gested in questioning other wit-
nesses yesterday.-.that the agen-
cy's purpose was to admit some
reporters and exclude others
who might not be sympathetic
to Dallas' image.
Judge Brown interrupted, say-
ing that was not true. He added
that the agency's purpose also
had nothing to do with his own
image.
The Bloom agency has provid-
ed identification badges for re-
porters covering preliminary
hearings in the Ruby case and
seats.
, .
Attacks "Oligarchy"
Ruby's attorneys have re-
ferred frequently to the "Dallas
oligarchy"�a term they use to
include the Dallas Citizens
Council and other groups of
community leaders.
The Citizens Council is com-
posed of about 250 top execu-
tives who chart courses for the
city's cultural and economic
betterment.
s and nearly swamped by reporters, Jack Ruby is
llas courtroom.�AP Wirephoto.
Doubt Ruby
Can Get Fair
Trial in Dallas
DALLAS, Feb. 11 (AP).The ,
President of the Neiman-Mar- d
cut, store and the president of
Dallas County's criminal law-
yers both testified today Jack
Ruby ;would have a hard time .
getting a fair trial in Dallas on
the charge that he murdered ,
Lee Harvey Oswald. -
� Stanley Marcus of .the store
said: "I have grave reserva-
tions whether the defense or the
proiecution, can get a fair trial
r i:DMI2sd" a fair trial w d .hP
fHai
/
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Ruby Judge's Aide Is Cross-Exagzine4
By JACK LAN 11TH.'
'gpeolal to TAO tieii.'iott ilium � '
DALLAS, Feb. 12 � The ac-
tivities of a public relations
aide to the judge in the Jack
L. Ruby . murder. trial were
sharply criticized.. today by
Ruby's attorneys. "
Melvin M. Belli, who heads
the team of defense. lawyers,
clashed frequently with Sam R.
Bloom, the owner Of a Dallas
advertising and public relations
agency.
The defense was attempting
to show that Mr. Bloom, a mem-
ber of the Dallas Citizens Coun-
cil, had conferred with council
members before drawing up
regulations governing the triaL
' Mr. Bloom denied these
Impli-
cations. H. said he -had 'vol-
unteered last Deceinber to as-
sist the- judge without a fee
in- arranging for press coverage.
It has . been generally under-
stood, however, �-that business
leaderS in Dallas approved Mr.
Bloom's offer � of � services to
Judge Joe B. Brown. In- some
quarters, the judge is consid-
ered to lack the temperament
and experience for a trial of
this scope. .. �
Correspondence Examined
Mr:. Bloom's 'agency � has as-
sisted the Citizens Council in
recent' years in a campaign for
peaceful. integration of Dallas
schools. His 55-employee agency
also handled 'arrangements for
the luncheon that President
Kennedy was to have 'addressed
on the day he was assasinated.
Ruby is charged with killing
the accused 'assassin, Lee H.
Oswald. Before the morning
recess today, Judge Brown had
upheld prosecution' Objections to
permitting Mr. Bloom's office
correspondence- to' be entered
as evidence. - �
Mr. Belli had protested that
he needed to have the files at
. Moo:fated Prose
Melvin M. Be.M \.
least catalogued for use in a
possible appeal. The defense is
seeking to move Ruby's trial,
now set to. begin Monday, out of
Dallas. Evidently expecting' an
adverse ruling from the judge,
defense lawyers have often men-
tioned an appeal.
After the recess, the prose-
cution withdrew its objections,
and Mr. *Bloom's files were ex-
mined. They were found to
contain requests from reporters
around the world for places-in
the 48-seat press section of the
courtroom.
Often considered a flamboy-
ant courtroom performer, Mr.
Belli has been low-keyed in his
examination, of witnesses at
this hearing. His handling of
Mr. Bloom was less gentle, how-
ever.
At one point, Mr. Bloom, a
large and thickest former newri-
paper man, was explaining with
a slight smile and 'a 'sigh that
his methods were Informal,' and
that he depended more on tele-
phone calls than on memoran-
dums. When the defense attor-
ney bAllenged him, Mr. Bloom
said:
"Don't bark at me, Mr. Belli."
"Then don't smile at me," the
lawyer retorted.
Early in the testimony, Mr.
Bloom said that he thought
Ruby could obtain a fair trial
in Dallas. That opinion was also
offered' by John McKee, the
president of the Dallas Crime
Commission.
Mr.. Bloom's testimony ended
when Mr. Belli asked him if he
didn't think "the execution of
Ruby would wash away the
sins of Dallas?"
Mr. Bloom' answered:
"I don't ...think Dallas has any
sins." � ..
"If that's. your, belief," Mr.
Belli said with elaborate con-
tempt, "I don't have any more
questions for you."
.the S
/9D-1
1
""'" ' " )17 1 2, I 0*-"rr----"- ���
Dallas's Leaders Doubt Ruby Can Far.Trial
1. 3
By JACK LANGGIITH
Special to The New York Times
DALLAS, Feb. 11�Several
Influential Dallas residents, in-
cluding Stanley Marcus, testi-
fied today that Jack L. Ruby's
chance for a fair trial was
greater outside of Dallas
County.
However, the Rev. William A.
Holmes, a Methodist minister
who indicted the political cli-
mate here after the assassina-
tion of President Kennedy, said
he believed that Ruby could re-
ceive as fair a trial in Dallas
as anywhere else.
For the second day, defense
attorneys for Ruby, who as-
sertedly shot Lee H. Oswald
last Nov. 24, called witnesses
to try to show that Judge Joe
B. Brown should move the trial
outside of Dallas.
Melvin M. Bell, Ruby's chief
attorney, said that if Judge
Brown denied the change of
ventie now, another attempt
would be made when jury selec-
tion began. The trial is now set
for Monday. Mr. Belli said he
would not ask for a postpone-
ment.
Mr. Marcus, the president of
Neiman-Marcus Department
Stores, said that he had "great
reservations Whether either the
defense or prosec tion can get
a fair trial in D
Jurors' B
S.',
Feared
Mr. Marcus a14 agreed with
Mr. Belli that mcfst Dallas resi-
dents, as jurors, would seek un-
consciously to protect the rep-
utation of their city.
A past president of the Dal-
las Citizens Council, Mr. Marcus
Is considered one of the more
liberal members of that organ-
ization of civic-minded business-
men.
' In testimony yesterday, the
defense had suggested that the
Citizens Council was eager to
convict Ruby to redeem the
reputation of Dallas as a law-
abiding city.
Henry Wade, the Dallas Cci
ty district attorney. asked Mr.
Marcus, somber Man, if any
group of citizens had banded
together to prevent a fair trial.
"Not to ;Try knowledge," Mr.
Marcus replied. � .
� Clayton Fowler, the president
of the Dallas Criminal Bar As-
sociation, and C. A. Droby, past
president of the Dallas County
Bar, both supported moving the
trial from Dallas. .
Clergyman Testifies
The Rev. William A. Holmes,
who received police protection
last Nov. 26 after portions of
a sermon critical of Dallas were
televised, said he had received
550 letters after the episode.
AU but 50 were favorable; be
said.
A total of 15 witnesses were
today, several of them
friends of Ruby or his family.
With the exception of Mr.
Holmes and Presiding County
Judge Levi Sterrett, none of
their thought Ruby's chance for
an impartial jury was as good
In Dallas as elsewhere. Yester-
day, six witnesses said that
Ruby could be tried fairly here.
In his prehearing remarks to-
day, Ruby again dwelt on the
Increasing importance of reli-
gion in his life in jail. He sat
slouching in his seat through
most of the testimony. When
friends appeared on the witness
stand, he often looked at the
floor in apparent embarrass-
ment.
S.
Several of the witnesses who
had known Ruby testified that
they had ' heard esidents of
Dallas County say that the '52-
year-old� night-club operator
should -be .congratulated, not
prosecuted, for shooting Oswald.
This opinion was most force-
fully expressed by- Ben Hender-
son; a Dallas lawyer, who said
that if. Oswald were judged
guilty of shooting the President,
then Ruby'was innocent of any
crime. know' of no offene
when you kill the tyrant," 14.
Henderson said. ' �
William P. Alexander, a depu-
ty district attorney, asked:
"You mean it was all right to
kill President Kennedy?".
Mr. Henderson answered that
he was referring to Oswald as
the tyrant.
s
Fr4 iqo
; � � By Terrance .
y� ��� � � � � �� 4`
D ALL AS, Feb. 11 (UPI) the odds are against his, get1
Led .by several promitient.':cit�
hens, . a stream of witnesses
testified today that 'they
doubted.' Jack RtibY mild, get
a fair, trial � iii' Dallas 'for .the
, .slaying Of accused :preelden-
tial 'assassin Lee. Harvey Os-
weld. . .� � �
Only, One Of :more' than a
'dozen said flatly he could.'
' Defense attorneys,. �baffled
'yesterday. in attempts to get
witnesses to agree With them,
reversed the course. of testi-
mony today at the hearing to
. determine .whether,.. the. 53-
year old nightclub 'operator
� � '
should be tiled in � another
Texas 'city. .� Ruby ., sat en-
tranced through it 'all as the
defense pressed its case: for
a transfer.
Witnesses ranged � from a
, former. Mayor, 'a departmen. t
store president and leading
attorneys to a; former Ruby
� barmaid and a drummer in
his. Carousel nightclub. .
Stanley Marcus, president
of the famed: Neiman Marcus
department store, took the
stand 'first under questioning
by chief defense attorney
Melvin 'Belli of San Francisco:
"I have grave reservations
whether the defense Or pros-
cution can get a fair trial in
Dallas," Marcus declared.
Later he. told newsmen: "It's
a matter Of odds and I think
tines trik12. .
'Yesterday, at,'the-Stait'')of
the change of venue :leering
in the � Court of :Judge 46e IL
Brown, ;seven Witneasea.::would
not agree that Ruby would be
denied a fair Wall* th7e city
Where President Kennedy was
assassinated and his "accused
killer himself'
� District , Attorney?, Henry
Made'�. Belli: pressed , their
casea,. sometimes using assist-
ants,i.te,r-..'question'; the ,-Avit-
news. � , � �
.Atterriey-! Clayton � .FoWler,
head of the> Dallas Criminal
BarAaseciation; foll0ea gi!.!
cus to the stand.' �
."It would he my impression
that 'M Ruby would 'have
great.: difficulty, getting ',a fair
trial An Dallas' Or ifeywhere
else it is moved," he testified.
Fortner Mayor Earle Cabell,
who resigned this month to
run for Congress, - aald
doubted there Would :he any
reflection on Dallas' if the
trial was. moved.. '
'But neither in court nor:out
Would Cabe' say Ruby could
not get a fair trial in the city.
Judge Brown said he, might
hold night sessions Wednes-
day to speed up the 'hearing.
He has scheduled Ruby's mur-
der trial in his court next Mon-
day, barring a change Of venue
to another City.
Attorney S am Donosicy,
called to: the stand, .defended
Dallas, while 'admitting Ruby
� ' � ,
, � ,
' 'Associated Press
Si`ANLEY 'MAE
, CUS
witness at( Ruby bearing
�
would have :-".4 harder hill to
ellinb": if-tried here;
:C;�AqDroby, ,a former Crim-
inallar.16.asciciation president
who Occasionally has repre-
sented Ruby; also testified that
be doubted' there, could be .a
fair 'trial in Dallis:
e ;� "Rev." William A:
Holmei, the Methodist minis-
ter who stirred a national
furor when. he charged Dallas
fourth, graders'applauded the
news ,of.the.Kennedy-assassi-
natiOn,. lent support to the
prosecution contention that
Ruby can be tried in Dallas.
."In :thy "opinion, he could
get' as fair a trial in Dallas
as anywhere else," Dr. Holmes
testified. .�
swald Is Not on Trial,
arra.,Tells.Lawyer �
By Robert E. Thompson
,� The Los Angeles Times
� Chief ,Juitice,*,Earl Warren headquarters, he told report
-
declared yesterday that, ers he had Instructed Mar-
Harvey Oswald 13)14'4-trial guerite Oswald to stress that:
before the Commission which � Marina Oswald had in.
is' investigating President
Kennedy's assassination.
Warren made the comment
after rejecting New York- at-
torney Mark Lane'i� bid to
participate, in the Commis-
sion's hearings as counsel for
the late Oswald.
Lane, who contends that no
evidence has been produced
to prove Oswald the assassin,
also made .an unsuccessful at-
tempt to represent ,Oswald's
mother, Marguerite Oswald,
during her second day of tes-
timony before the Commission.
Warren permitted Mrs. Os-
wald to. choose between Lane
and Washington attorney John
Doyle. After a prviate chat
with Lane, Mn." Oswald de-
cided to stick with Doyle, who
was appointed by the Wash-
ington Bar Association to rep-
resent her.
Lane then asked permission
to sit in on -the bearings as
counsel for Oswald, the 24-
year-old Marxist who was
killed least Nov. 24 while in
police custody on a charge of
assassinating the President.
The ,attorney's move was
turned down, Warren told
newsmen, because "this Com-
mission is not prosecuting Lee
Oswald, and Mr. Lane does not
represent even the legal rep-
resentative of Lee Oswald,
who is his widow."
� Oswald's Russian-born
widow, Marina, proved highly
cooperative during four. days
of testimony before the panel
last week. She appeared with
her own at t orne y,�John
Thorne of Grand Prairie, Tex.
As Lane left Commission
formed Dallas police a few
hours after the assassination
that the rifle that killed Mr.
Kennedy "did not look like"
the1 weapon owned by her
husband.
Marina was "brain-
washed" by the Secret Service
and FBI during the period
that she was held in protective
custody after the Nov. 22
murder of the President.
When asked about Mrs. Os-
wald's testimony yesterday,
Warren suggested that report-
ers ask her directly, but Doyle
advised her to make no com-
ment until her part in the
hearings is concluded. .
Lane, however, reported
the versioh he said Marguer-
ite Oswald. had given of
events in Dallas within the
chaotic hours after Oswald
was arrested.
He said that after Marina's
interrogation by Dallas police
she told her mother-in-law:
"Mama, they asked me if Lee
owned a gun and I told them,
yes."
When Marguerite Oswald
asked Marina if the weapon
was Lee's, Lane said the
widow replied: "Mama, I told
them, I did not think so, be-
cause it did not look like
Lee's gun."
On her final day of testi-
mony last week, Marina Os-
wald identified the gun as the
one owned by her husband.
But Lane insinuated that
this testimony was the result
of "a classic example of
brainwashing" conducted by
Federal agents during the
period Marina was in their
custody. /
By .Terrance W McGarry
DALLAS Feb 12
The detente, forc'ed-athnission
of a set14, records into Jack
Ruby's -Scotirt :hearing today
and the prosecution scored
with testimony from a Federal
prosecutor :la heated, some:
times irate 'clashes oVer.'where
d to hel Rtibet minder trial.
Battling jklaVe' the trial Of
the slnier:R accused presiden-
tial assa:sgf&ILee *Harvey Os-
weld :traiiiterred from-Dallas;
detente 'attorney -Meiviiv,Belli
won adnfiss' ion of re.cOrdi�from:
an advertising-public'relations
agency,�whiCli: Is 'Abe
court: -?'r or '7.�
Distr.ictAttorney ; Henry'
Wade stpicit3back whenaU.S.
Attorney grefeet eiders
testified :o lie believed' Ruby
could geVii'fair trial in Dallas
�with the" areiervaticie� that
jurors. would have to. be. prop-
erly selected :and examined.
Of seven witnesses called to-
day, three :said they: believed
Ruby could be tried fairly in
the city.where he *shot-Oswald.
Three said he could not. ,,One
was noncommittal .'
Records iel4iidett
. Since the start ofthe change
of venue hearing Monday in
dudge Joe B. ?Brown's'court,
the witnettes �hive;ranget 16
in :'�favor Of 'moving' the .trial,
12 in favor of keePhig 'in
Dallas and two undecided:"'
Trial of the.: 5.1-Year-Old
nightclub operator ,is sched-
uled to start .in Dallas Mon-
day in Brown's court,: barring
a change of venue. .,
Belli scored first': He, pia
Sam Bloom, head of the Sam
Bloom Agency, on the stand
and demanded that Bloom's
records in connection with
the case be entered' into the
court record.: : �
Bloom said he -volunteered
free of charge his "services-4e
'Brown to help .ariangevseat-
ing and coverage of the .Ruby
case by the Prese. ' �
. , ..,
I:Wade Obje0s-:.irr44.?
i'. Some.rePorterhave. ,qibe
1Bloom 1-as -.-haVirig:e'.;shee: .
tploye,Cibi.5RrOWilt' " '
,agent BroWn, .
hwanted!,*
� A-
W8'44 .
. �
.4
444. ' IA
,s4jaip i
liervidgC.;,�w1thput.
.iitiOft '11,4.,:tbIllialid14.4TIP-
t.T.S. Attorney
Texas, .took the :
phasited he was
e;Driirate 7indiyi(
Sanders said I
possible to, get
jury in Dallas, pr
properly'ecamir
lected. He said h"no -final opinlo
examination of t
el." 5
He admitted it
less time to select
other Texas, city.
He Chuckled
District, :AttornE
Alexander twice (
cessfully to Bell
questioning. ,r;fl., 7
--Questioning Dal
Hatt'- Berman,. � wl
Ruby,could,gek a
Dallas, AIexand
whetherpeyen pea
(41414):1,.L.0 ounty
cOnet-Mitt."..01.p. in
e4,tYli -4f
-:*1302
NvOW
defehik itticOlekInelVin!,`Belli
won atinapft)44.'rece#dadroni.
an .ackekt,Ising'1)011.&relations'
agerick;;;*111:W'..4Saidiiigc�the
court -
D fx4i t n y :Henry
Wade 'styneitzbacip!...WheiV-U.S.
Attornen3saiefoot .-;Sanders
testified-' he: believed'. Ruby
could get*.l'fiii._,triai in tombs
�with the "reservation" that
jurors would have to . be. prop-.
erly selected :and examined.
Of seven witnesses called to-
day, three said they. believed
Ruby could be tried fairly in
the city.where le Shot-Oswald.
Three said. he could not. One
iwas
Records Dernande4'''
.-$ince. the start' of Change
of -venue ,hearing.41onday, in
Judge Joe B. Brown's court,
the witnesses - have: ranged- 16
in ,favor. of Miming the .trial,
12 in favor of keeping it in
Dallas and two undecided:
Trial of the.. 51-year-old
nightclub operator is sched-
uled to start in .Dallas Mon-
day in Brown's court; barring
a change of venue. � ,
Belli scored first. He put
Sam Bloom, head of the Sam
Bloom Agency, on the stand
and demanded that Bloom's
records in connection with
the case be entered into the
court record. � .
Bloom said he .volunteered
free of charge his services to
Brown to help .arrange seat-
ing. and coverage, of the. Ruby
case by �the. Presk- 414
Wadi Objects ;.??,\,17c.ti-i=4;
4.,
yg
- e4,444.Rial c4
the Sraie�..e.'jt- cs4eci 'presiden-
tial
ft
..asS _ ree/111,4�*ey.�0i;
p
cribed
em-
he
rass
on
f **if
w e
�.7
thi., . Q4011 ;.kffliej.-4
U.S. Attorney. �for:tilo
Texas, took the'stalid.li' eni"7
phasized he was;.spealcingl?'
private
r'aS
. Sanders said he hough
2-`
,
possible to,- get.,;.1;O:Anipirjr,f,',
jury Dallas, -
properly,,..:6?.cdrainediA*4.1,1.
lected. He said_ile.NOUli
"no final .oPotn1MMtni_
examination of *th6.?
, 51
He admitted ICintglit.; ak
less time to select-iprtleof
other Texas- ,
He chuckled ". as,;Asaiktatit
District Attorney4%Williain
Alexander twice` objected-suc-
cessfully to Belli's
questioning. ,-..;��
� Questioning Dallasj'attorn'ek
Hal. Berman, yam) �.:doubted
Ruby could; get.-a.,frairtriaL,..in
Dallas, ".,,if-,NocaOderog.gis ke'd
whether -,.!'even ,:peaSantailziPle
7147*"'"
cgmect
Z,
� 33ellUe41%.,
abieittcark 4 /4 /
$1rfir/
sald:. 4.: . 45;1111100*cte-�: .salcii.:1Yikigii'etObit � -
sPOlces'...; ..WithOut":,e0MPen' �-..:..I:don'tz:Ivi,nktrie:-*.'",�
sation '..:.,;. tci handle the:me-
chanics of press identification .ander,',g-';',,t4i4.11-': s'
4.* again,' 4h`e: judge4O1 '1, We issued no .press :releases .
We held no pre '.8.! .00.`''', "attempting ,repeatecUt to
Belli -aCcusedAleg 4n e
eines." ' ' " insulting.",.. iti..:-,:,si.;:y40.te
Belli demanded -Bloom's 're- Jack Beers', :i..D. ak,' �OM
cords- in connection with the ing .,Nevio photographer w4a-,
was furious: - ''' � weld. and'. JtubY'Ith,lt ,4i14.
case. Wade objected. ' Belli took a dramatic,Ohnt4,,i4.
During a recess he said he before ,Rtibyk'pulr,Odtti_eiii
:crearaieno4ly'r;..70oulg;_oict:a. ,P:e.it
records , in tour manila: ewe.: hard to get.splUtkAllet
4.1, ger, said .it "couidaela
Dallas that dckeslaill
lopes. ' - i' � ''' ' ' '- ' opinion. :,%., � . -
After the recess; Wade With- .
drew his ,objection: The � re-
cordi were: introduced...
V . ,
"I will not 'tliese pa-
pers as i Matter Of: the 'Dis
trier Attorney's or the Court's
�-"I
demand .'these icaper0- .... the
'Tight Of an American :lawyer."
' "This IS mita matter Of lar-
gesse,". Brown replied. In the.
afternoon session, Sanders,
RULING DUE TODAY
ON TRIAL FOR RUBY
41 Heard on Plea forChange
of Venue From Dallas
By JACK LANCirount
Special to The New York Thies
DALLAS, Feb. 13�The hear-
ing on a motion by Jack L.
Ruby's attorneys to move his
murder trial from Dallas was
concluded today after 26 wit-
nesses had testified that Ruby
could not receive a fair trial
here.
Judge Joe B. Brown said he
would rule tomorrow afternoon
on the request for a change of
venue.
Most observers believe that
the judge will deny the defense
motion and that an attempt to
select a jury will. begin on
Monday.
As the hearing ended, Ruby's
chief attorney, Melvin M. Belli
of San Francisco, predicted that
the trial would be moved from
Dallas a week from tomorrow
This will be after five days of
attempting to pick jurors have
proved unproductive, he said.
Both the defense and the
prosecution will be permitted 15
peremptory challenges of jurors.
Defendant Is Questioned �
At a prehestring meeting with
reporters this morning, Ruby
was asked about the sentiment
among some residents that he
had shamed Dallas by having
shot Lee H. Oswald, the accused
assassin of President Kennedy.
"I love this city, maybe that
was part of it," Ruby answered.
The 52-year-old night-club op-
erator, who was born in Chi-
cago, came to Dallas after
World War IL :
Asked whether he thought he
could receive a fair verdict here
Ruby: �
"I don't know what a fair
verdict is. I have no conception
of the law."
The prosecution, . ;headed by
Henry 'Wade, Dallas County
District Attorney,:introduced 38
affidavits� from persons around
the county that -Ruby could be
tried fairly here.
11 Say Trial Could Be Fair
.. During the hearing, 11 wit-
nesses said. an impartial jury
could be found in Dallas. Three
of the 41 persons who testified
were not :asked the question.
Former Mayor Xarle Cabell,
now a .Democratic candidate for
Congress, said he did not know
whether Ruby could get a fair
trial here.' :.
� More Testimony Declined
The defense offered to pro-
duce 100 more witnesses to sup-
port its contention. Judge Brown
ruled that such evidence would
be ..cumulative and said he did
not Want to hear it; �
:Defense :attorneys said that
they would . ,bypass : a sanity
hearing and;$o. �41rect1y to trial
on � the an eritiret. eiiircaiA Mr.
Befit said he dujoffer. A plea
of net guilt y4,,
Both Mr. Wede 041(r. Belli
pledged tei.,end..1hAi.'wrangling
tU. as MAW this hearing.
Tuesday, sarcastic re-
x:10101 exchanged by the atter-
neys. resulted in it, $25 fine for
Joe SP.Toqahill, a Texas lawyer
assisting in the :defense. After
sPelcifised;
Judge � Brown suspended: his
1"i4tvi's
4).�lt 1404
r"
First Ruby Defense Attorney
Says He'll Ask to Quit Case
DALLAS, Feb. 15 (AP).�Tom
Howard said tonight he will
make a motion Monday to with-
draw as a defense Attorney in
the murder trial of Jack Ruby.
Mr. Howard was the first
lawyer employed by Ruby's
family after the night club
operator was charged with the
slaying of Lee Harvey Oswald,
accused assassin of Prseident
John F. Kennedy, on November
24. He had directed much of the
early preparations for Ruby's
defense.
Ruby's trial opens Monday.
Melvin Belli of San Francisco
became Ruby's chief defense
attorney in mid-December and
added Joe Tonahill of Jasper,
Tex., and Sam Brody of Los
Angeles to the defense legal
staff.
Mr. Tonahill told reporters
tonight "Howard is quitting. I
hear he has an ill daughter."
Mr. Tonahill said Mr. Howard
"Is a good lawyer," and that
he and Mr. Belli were "sorry to
see Mr. Howard leave the case."
Will Meet Family
Mr. Belli couldn't be reached
for comment.
Mr. Howard said he did not
have an ill daughter and added:
"I cannot talk about the sit-
uation now. . . not until I have
a chance to talk to the (Ruby)
family.'
He said he planned to meet
with the Ruby family tomorrow
and continued:
'Then I think I will have
something to say."
Mr. Brody attended wily part
of Wednesday's session during
the hearing this week on an un-
successful defense motion to
have Ruby's trial moved to an-
other city. He was reported ill
with a virus.
"He left in the middle of the ,
day, and we have not talked to
said.
Asked if Mr. Brody was quit-
ting the defense staff, Mr.
Tonahill said, "I honestly do not
know. He was very sick. May-
be we will know Monday."
The Ruby defense will depend
primarily on a plea that Ruby
suffered a period of temporary
insanity during � which he killed
the 24-year-old professed Marx-
ist.
His lawyers have pointed to
Ruby's change of moods�from
laughter one minute to sobs the
next, smooth affability turns
into aggressiveness in seconds.
The defense has psychiatrists
available who have testified
they believe Ruby has
physical damage to his brain�
psychomotor epilepsy. These
specialists say. the illness is
characterized by an "explosive
mental . state" under "strong
emotional stimuli."
The stimulus came, the de-
fense contends, when Mr. Ken-
nedy was assassinated on a
Dallas street two days before
Ruby shot Oswald.
Should the jury, find the 52-
year-old night club operator
temporarily insane, he could
walk from court a free man.
Defendant Examined
The ,prosecution headed by
District Attorney Henry Wade
has not been required by cir-
cumstances to display as much
of its case in court as has the
defense.
The State has had Ruby ex-
amined by psychiatrists who :
presumably will seek to coun-
ter testimony of defense doc-
tors.
Mr. Wade has expressed the
opinion that Ruby is sane. He
announced he will ask for the
death penalty.
For more than four days this
him since then," Mr. Tonahill week, Mr. Belli and fellow
defense lawyers sought to .per-
suade District Judge Joe E.
Brown to move the trial to .
another .city, claiming Dallas is :
so shamgd by the slaying of Mr.
KennedP and Oswald that its '
leaders want him convicted as a.'
means of clearing Dallas' repu-
tation.
Judge Brown ruled Friday,
telling lawyers to begin seeking
a jury Monday. That will be the �
test of whether the trial can be
held in Dallas, said Judge
Brown.
Opinions Differ
Mr. BAlli said he thinks it will
be evident by Friday that a
jury cannot be found in this
county of a million people and
the trial will be sent to another
eity. Mr. Wade estimated a jury
will be picked in two weeks.
Judge Brown also transferred
the scene to another courtroom
which will seat about 200 per-
sons. Judge Brown's own court-
room has space for only about
62 persons in addition to court
personnel.
A list of 900 persons has been
made up for Monday jury duty
�350 more than for a normal
week in Dallas.
LJ
fa.1.0,
-
Ruby to Face
Dallas Trial
on Monday
D ALL A S, Feb. 14. (AP)
The judge ruled today that
Jack Ruby must go on trial
in Dallas, Monday for the
murder of President Ken-
nedy's accused assassin.
District Judge Joe B. Brown
said lie still might move the
trial to another Texas city, as
the defense has demanded,
but first the lawyers must try
to find 12 impartial jurors
here. That will be the true
test whether Ruby can get a
fair trial in Dallas, Brown
said.
Chief defense attorney Mel-
'yin Belli said he is still con-
vinced that 'Ruby cannot get
a fair trial in Dallas and that
he might spend an entire day
questioning a single prospec-
tive juror.
District Attorney H e nr
Wade said he was pleased
with the decision. -
In ruling that Ruby's trial
must hegin Monday, Judge
Brow said he was withhold-
ing a final ,ruling on the de-
fense motion to transfer the
case.
Selection of jurors will be-
gin at 9 a.m. (CST) Monday in
the 'courtroom of Judge Frank
Wilson. Judge Brown will pre-
side.
Judg e Wilson's courtroom
will seat more than 200 per-
sons, Judge Brown's only 62.
Ruby is charged with mur-
der in the killing of Lee Har-
vey Oswald, 24, the professed
Marxist charged with assassi-
nating President Kennedy here
on Nov. 22.
Ruby, a balding, 52-year-old
strip joint operator, stepped
out of a crowd of newsmen as
Oswald was being moved from
the city jail to the county jail
on Nov. 24 and cut down Os-
wald with a single shot from
a pistol.
_
RUBY TRIAL OPENS
IN DALLAS MONDAY
� .
Question of C arr-irm,e of Venue
Awaits Jury Selection -
BY JACK LANGGUTH
Special to The New York Times -
DALLAS, Feb. 14 � Judge
Joe B. Brown has decided to
begin Jack L: Ruby's murder
trial Monday in Dallas.
However, he did not formally
deny today a defense motion fin,
a change of venue. He may stilt
move the case to another county
if he finds, during the examine--
lion of jurors, that Ruby can.
not receive a fair trial here.
He said, the, "true test
whether or not the defendant
can obtain a fair trial rests'
upon the actual examination of
jurors," - �
"I am withholding my ruling
until the jurors have been ex-
amined," he added. That process
begins Monday at 9 A.M.
Before the judge's announce-
ment, the 'results of encephalo-
graphic tests administered to-.
Ruby last month were delivered
to the court. Judge Brqwn de-
clined to make t1e iesults public. . �
- It was learned,jlhOweVer, that
a ehicn go expei on epilepsy
'had said that Ruby suffers from
physical damage to his brain.
� Dr. Frederick A. Gibbs of Ch1r.
cago, a leading authority oit
Continued on Page 10, Cohmin
Judge Declares, Ruby's Triat:'-?,
Will Begin in Dallas Monday
Continued From Page 1, Col. 8
the disease, studied the resul
of the brain wave tests ordered
for Ruby by the court after
prosecution and defense psy-
chiatrists had disagreed on his
sanity.
In a letter to Dr. Martin Tow-
ler, the University of Texas neu-
rologists who had administered
the tests, Dr. Gibbs said en-
cephalographic patterns had
indicated Ruby was a victim
of p�ychomotor epilepsy, mare
variance of the disease.
In last December's issue of
Neurology, a- medical journal
Dr. Gibbs wrote that psycho-
motor epilepsy occurred in
about 2 per cent of all epileptic
cases, or in. fewer than 80,000
people in this country.
A symptom of the disease,
which is generally caused by a
blow on the head, he said, is a
"rage. attack."
The damage can be treated
with anti-convulsive. medica-
tion to prevent a patient from
flaring into such attacks, he
added, but no cure has been
developed. -
The results of the encephalo-
graphic tests seemed to con-
firm a conclusion by Dr. Roy
Schafer, Yale University psy-
chologist, who testified at Ru-
by's bail-bond hearing last
month.
Ruby, a 52-year-old night-
club operator, is charged with
shooting Lee H. Oswald, the ac-
cused assasin of President Ken-
nedy last Nov. 24.
After having tested Ruby wi
word association, ink blot an
picture -tests, Dr. Schafer con
eluded that he was sufferin
from psychomotor epilepsy. H
asked that Ruby be given en-
cephalographic tests so that
his clinical findings could be
confirmed in a laboratory.
Dr. Gibbs's conclusion pleased
Ruby's attorneys. Although they
pi, Tows
b 61'
not disclose the reaults
of ' brain* wave tests, they
showed reporters parts of the
testimony given last month by
William F. Alexander, an assist-
ant district attorney. .
Jurors Face Challenge -
At the bail hearing, Mr. Alex-
ander was asked if he believed
he and Dr. John Holbrook;
the prosecution's' psychiatrist,
would change, their Opinions
about Ruby's sanity if brain
wave tests indicated physical
damage. �
Mr. Alexander, who la"elding
the prosecution, said he'belleven
"any competent psychiatrist"
would change his opinion under
those circumstances. -41; "
''You would, too,-
you ?" he was asked.
"I' would," he answered; ';;V,-,
Under the judge's ruling, zen-
cephalographic results Cannot be
officially disclosed 'until they
are introduced I as, testimony
during the trial. , = �
After Judge Brown hadtan-
nounced that the trial would be
in Dallas, Melvin M. BellVtold
reporters he would ask potential
jurors "rigorous questions, stop-
ping this side of insulting cpies-
tions or defamation." . .
Mr. Belli, who is leading
Ruby's team of attorneys, said
the defense must guard against
jurors who might not recognnize
that they had prejudgecV,the
case. -
Asked if he would challenge
any potential jurors � who: had
seen Ruby shoot Oswald on tetel.
vision, Mr. Belli first declined
to answer. But reminded that
he had previously said he Would
challenge such jurors he ;said,
"Well, we haven't changed our
mind."
He said that he did 'not know
whether such a challenge Wool
be considered peremptory, or
"for cause?" Each side has, 50
peremptory challenges, but may
dismiss an unlimited number
jurors if there is a valid reason
to disqualify them. Nine hun-
dred Dalls residents, have been
called for, peesible
The prosecution,:,, whlch,r 'Is
seeldng, the death; �penaltY4iyill
challenge jUrors .who' thjecV to,
capital punishinent.?1.� ;44 '
Judge Brown announci
the ' trial would bee,
from: the -60-seat tcittrfaxionifii
Urger one in the: santeabilildt*,
The niottelifeXpected 12f,
hneet: deinanclo ferlpifet8k
tage. . -
all #Ve *WO
Orik
�
RUBY CASE IS THE CIT
By JACK LANGGUTH
Special to The New Tort Times
DALLAS, Feb. 15�In mur-
der trials, according to a legal
maxim, defense attorneys try
to put the vietim � on trial in-
stead of the defendant
But in the Jack L. Ruby
trial, which begins here Mon-
day, Ruby's lawyers have served
notice that they will try to im-
prove on that standard strat-
egy.
Frustrated in their attempt
to move the trial to another
county, Ruby's attorneys are
expected to continue their pros-
ecution of the city of Dallas.
The place where Mrs. Lyndon
B. Johnson was jostled, Adlai
E.- Stevenson spat upon and
John F, Kennedy shot to. death,
Dallas has provided substantial
evidence to be used against it.
Melvin M. Belli, Ruby's chief
defense lawyer, revealed his in-
tentions this week during a
hearing on a motion for a
change of venue. �
"If the trial is held here,"
Mr. Belli asked a witness, "isn't
it � true that the defense would
have to defend Ruby and also
decide whether to attack the
city of Dallas?"
When the witness, an attor-
ney, agreed, Mr. Belli continued
hi his most reasonable voice:
"But if the trial were held
In another city, isn't it true
that the defense would be fool-
ish to attack Dallas?"
In Dallas
This bait did not attract Dis-
trict Judge Joe B. Brown who
has decided to let the trial open
In Dana s.
The judge's ruling surprised
no one. It is believed here t,hat
the leaders of Dallas want Jack
Ruby's � case to end in the city
where it began. To move the
trial would be to confess to
history that Ruby could not re-
ceive justice in Dallas.
,Not every prominent resident
agrees with the determination
to keep Ruby's trial at home.
Some merchants believe that a
Dallas dateline on stories
around the world each day will
only etch deeper the stigma of
President Kennedy's assassina-
tion
Civic Leaders See in the Decision Not to nal'Eli
� �
Opportunity to Cleanse the City's ReputationAri Eyes c
Little in The Nashville Tenneaseals
"Deep in the hearts of America."
**-7,-,4.4'*.27:*�.".r.s� � ',
�
" �.
"Eirerything.lt�.big:in: Tau
guments against moving the
trial, have generally prevailed
In leadership circles.
3fr.�Belli has professed to see
a cinister conspiracy . at work.
He tried to prove during the
hearing that the "Dallas oli-
garchy," a phrase puzzling to
most of the self-made leaders
here, ' wanted to. execute Ruby
as an example.
Some natives of the city be-
lieve that Mr. Belli, of San
Francisco, did not understand
the subtleties of the decision-
making process in Dallas.
Citizens Couwil �
He questioned , Sam Bloom,
the owner of an adve
agency who is Judge Brown's
press aide, at length about the
Dallas Citizens Council, a group
of 234 businessmen devoted to
civic betterment as they see it.
Only the presidents, of major
Dallas businesses are eligible
But with bolstering from the for the council, which has no
district attorney's office, the ar- connection with the white
is
supremacist groups throughout
the South. Council executives
are modest about their power,
but little of consequence is ac-
complished here without their
approval.
"Have you talked to anyone
from the Citizens Council since
you became Judge Brown's pub-
lic relations man?" Mr. Belli
asked Mr. Bloom "Have you
discussed the image of Dallas at
meetings of the Dallas Citizens
Council?"
Mr. Bloom, himself a mem-
ber of that informal organiza-
tion, answered "no" to both
questions.
Had Mr. Belli asked whether
'Y. Bloom had discussed the
image of Dallas with business-
men who also happen to be
Council members, he may have
received the answers he wanted.
The Citizens Council had
given wholehearted backing to
the luncheon on Nov. 22 for
President Kennedy, despite the
conservative views of most
,�
member. The � warmth of the
welcome for the President was
to erase previous insulting:epi-
sodes. � � v ;�
The Democrats hoped a in&
cessful luncheon would' help the
President cut his losses in Dal-
las, a Republican stronghold,
next November. ,
The conservatives hoped:that
a show of friendship .might help
unloose several projects, 'in;
eluding a Federal , building,
which Washington had . � net
been eager to confer on a. hostile
city. city. � � � � ;����;,
� �
Closing Rinks .
After � the � p_se.six4inatioti; 1:181
las leaders began Closing
even as they grieired.
Interview, :subh Etik
Jonsson . would strese that .Let
H. Oswald, the accused ;asses.,
sin of Mr::
stranger to Dallas, that the extremists who - had mistreated
Mr. Stevenson � were ,poltic
outcasts � with no Standing�li
the city. � '� On w4F!
rj-Jilr,;� ,Tons.
idfant -:of t:
now � M;
cuntbent
cOngiess:
�' an
busineOrae
salvo; II&
ernin.nt,� t
Dallas. lea(
Chieg:-.Tess.
go04;�:hone
said 0431: a
not ;going
OA 01=0
se
ozcvailie
private:.1)1(
Deparlmen
lag Iv:Oen
Ruby: bad
OtiY).;IP4
'"-�In the It
of this re.si
cbsappeaiir
haye'.ncit.
i� ef
i; IS THE CITY OF DALLASON
TRIAL -TOO:
4:4?
ic Leaders See in the Decision Not to Move:Trial EJew
,
)pportunity to Cleanse the City's Reputation in Eyes o
ere an
ation
Little in The Nashville Tennessean
"Deep in the hearts of America."
� �� Morris, A.P. Newsteatures
"Everything is Texas.".
ts against moving the
lave generally prevailed
iership cireles.
Belli has professed to see
;ter conspiracy . at work.
ted to prove during the
g that the "Dallas oli-
*," a phrase puzzling to
of the self-made leaders
oranted to execute Ruby
cample.
e natives of the city 'be-
that Mr. Belli, of San
sco, did not understand
tbtleties of the decision-
; process in Dallas.
as Council �
questioned Sam Bloom,
suer of an adve
� who is Judge Brown's
lide, at length about the
Citizens Council, a group
businessmen devoted to
tetterment as they see it.
� the presidents, of major
businesses are eligible
e � council, which has no
lion with the white
supremacist groups throughout
the South. Council executives
are modest about their power,
but little of consequence is ac-
complished here without their
approval.
"Have you talked to anyone
from the Citizens Council since
you became Judge Brown's pub-
lic relations man?" Mr. Belli
asked Mr. Bloom "Have you
discussed the image of Dallas at
meetings of the Dallas Citizens
Council ?" �
Mr. Bloom, himself a mem-
ber of that informal organiza-
tion, answered "no" to both
questions.
Had Mr. Belli asked whether
`r. Bloom had discussed the
Image of Dallas with business-
men who also happen to be
Council members, he may have
received the answers he wanted.
The Citizens Council had
given wholehearted backing to
the luncheon on Nov. 22 for
President Kennedy, despite the
conservative views of most
member. The � warmth of: the
welcome for the President was
to erase previous insultingiepif
sodes. � � . � .
The Democrats 'hoped a suc-
cessful luncheon would' help the
President cut his losses in, Dal-
las, a Republican 'stronghold.,
next November. �
The conservatives. hoped.lthat
a show of friendship-might helP
unloose several projects,...-in-
eluding . a Federal.' building,
which Washington . had not
been eager to confer on atostile
city. � ' �
Closing Ranks ..� "�
After the astass=ination, Dal-
las leaders began clOsing' ranks
even as they In:eVett
Interview, such merias Erik
Jonsson would stress that Lee
H. Oswald, the accused assas-
sin of Mr. Kennedy,
stranger to Dallas, that the et=
tremisti who had Mistreated
Mr. Stevenson � Were Political
outcasts with' no standing-in
� ���
the city. ... � . On where the trial should be
-.,Mr1...Tonsson last year's pres-
ided . of the Citizens Council,
'!now ...Mayor. When the in-
cumbent ..resigned to run for
Congress. He was appointed.
In-:1M � atmosphere where
husinessmei ,take an unusually
aCtiva ',role sin municipal gov-
armient,:. the, first reaction of
leaders.. to the shooting
was to defend Police
Chiii,.:Jesse B. Curry. ."He's a
good, honest,' decent man," one
saki soon; afterward, "and we're
;ot.going to pillory him."
411;-."..: sentiment was then
wicleiipi�ead to punish Ruby, if
fotono other reason than to
rirciveihn bad not acted with the
**ate: blessing. of the Police
Department. The average Dal-
laS.-resident was outraged that
Ruby: had made an impossible
sittratiorx even worse.
"��In the last few Weeks, some
of this resentment seems to be
disappearing.. The newspapers
haire not- commented editorially
held. But each day a new her
line. proclaimed the defens
contention that Ruby could
get lair treatment in Dallas.
Near the end of the hearit
some witnesses began equati
a fair trial with a verdict
not guilty.
The fast letter to the edit
on the subject appeared in T
Dallas Times Herald on Frid
evening. Written by a St. Lot
-*omen, the-Jetter ;urged tb
the people of Dallas "not
tempt to vindicate themselv
by calling for the death penal
of Jack Ruby."
One local television static
questioning people in shops a.
supermarkets, found that
per cent of those interview
now believed Ruby could
tried fairly here.
The most prominent witne
at this week's hearing, Stanl
Marcus of Neiman-111am
warned against accepting the
opinions uncritically.
"Unconscious consideration:
he said, "are likely to prey �
the minds of most people her
The visitor to Dallas her
few of the comments, wh
were quoted by witnesses pt
sonally friendly to Ruby, ti
he should be commended 1
shooting Oswald.
Winning Sympathy
Ruby's pre-hearing press c(
ferences, when he almost
variably broke down, seemed
be winning sympathy for lu
however. District Attorr
Henry Wade has asked that I
judge forbid future intervieN
Mr. Belli began the It
week's hearing with an art
ment that Dallas has been
the defensive since Nov.
Anyone must agree who I
been confronted regularly w
the question, 'Well, what
you think of Dallas? It's
so bad, is it?"
But after a week of qu.
tioning the integrity of ci-
leaders and the fairness of D
las jurors, Mr. Belli has
tensified that defensiveness a
channeled it to his own purpo
� He may have even persuac
the community that the way
exonerate Dallas is to acq
/9. 77$.4 t-
sism is CERTAIN-,
Rpii:WAS'INSANE
Suggests 'Test of His Heart'
to Show How He Felt
In Dalla.l.;_because of anti-
Semitic f gn-here. She said
she had 1.....44ently experienced
such hostility.
"Of course, Jack would fight.
You could call him a so-and-so,
and that might not be too bad.
But call him a so-and-so Jew
and he'd start swinging."
Despite their closeness, Ruby
and his sister often quarreled.
"We'd bicker like a husband and
By JACK LANGGIITH wife," said Mrs. Grant, who has
Special to The New Yoik.ee � been divorced for mare than 20
DALLAS, Fe . 15�Jack L.Iyears. During one argument last
.fall, she said, Ruby struck her.
Ruby's favorite sister says she "We were arguing because he
Is certain that he was insane had loaned a fellow more than
when he shot Lee H. Oswald. $200 to get his car fixed. He
"In his right mind, he wouldigave him the money instead of
, never have done it," Mrs. Eveipaying the light bill at the club.
"Sure the other guy. had a
Grant said man interview. 'family and he needed his car.
� "Why do they Just test his II could see Jack's side, even
mind?" she asked. "Why can't:while we were arguing. Jack
there be a test of his heart, to kept telling me to mind you own
show how. he felt about the business." .�
President?" Mrs. Grant pictures her
brother as impulsive, loyal and
Ruby goes On trial for murder sincerely religious. �
Monday in the slaying of Os- "He's no angel and neither am
weld, the accused assassin of I," she said, "but he's always
� President Kennedy, had respect for every religion.
Mrs. Grant is expected to tes- He'd never let the comedians at
tify about her brother's actions
before he shot Oswald on Nov.
24. Much of the other testimony
will be from psychiatrists and
chologists evaluating Ruby's
sanity.
Quotes an Expert
"We had one expert at Har-
vard," Mrs. Grant said. '"They
decided .not to call him at the
bail hearing because he hadn't
Interviewed Jack personally. He
looked at the 'reports from the
other psychiatrists, and he said,
'On the basis of these, he's
nuts."'
Mrs. Grant, two years older
than the 52-year-old defendant,
is a deceptively fragile-looking
grandmother with tinted, red
hair. At the Vegas Club in Dal-
las, which Ruby owned and she
managed, she often srxved as
her own bouncer, she said.
Ruby has seven brothers and
sisters, but his relationship with
Mrs. Grant has always been es-
pecially close.
"Early in November," she re-
called, "when I was in the hos-
pital for six days, Jack came to
see me 15 times. He came so
often and at such odd hours
they thought he was a doctor."
Day of Assassination
Her brother felt great admi-
� ration for every President, Mrs.
Grant said; "even Ike."
� She was asked why, if he ad-
mired Mr. Kennedy so greatly,
Ruby has not joined the throng
� that greeted the President in
Dallas. on Nov. 22. '
"lie had several errands that
morning," � she said, "and he
rlanned to watch it all later on
television. He had to go to the
bank, drop off some twist
boards at the post office and
get to the� newspaper to
care of .his :ad for the weekend.
He never did get to the bank."
I �� One of Ruby's enterprises was
thesale of �a device Jo teach
the thincinOf the twist .A.:
Ms1t Grant. contended that
ubk-reOuldhtc,t 'get.1,..a 'fair trial,
his club make a joke abdut a
priest or a minister or anything
about religion.",
Recalls Operation
Mrs. Grant said that she was
recuperating from an operation
when the President was shot.
The medicine she was taking
contained codeine, she said.
"I wasn't myself at all. I was
tired and I was taking this
stuff. Maybe if I had been bet-
ter, I could have done some-
thing for Jack. Everybody who
called me after the assassina-
tion was carrying on, but Jack
was the worst. I'd never heard
him like that."
Little' money has been re-
ceived for Ruby's defense, Mrs.
Grant said. The publication of
his life story, compiled by a
freelance writer, has brought
$28,000 so far, but writers' and
agents' fees have taken one-
third, she said.
Mrs. Grant has closed the
Vegas Club. "I'd be there cry-
ing every night and nobody was
having a good time," she said.
After a tax lien against the
club is settled, she expects to
net less than $500 from the sale.
Carousel Also Sold
The club Ruby operated, the
Carousel, which was owned by
Ruby's brothers, has also been
sold, she said.
None of Ruby's lawyers, head-
ed by Melvin M. Bellt of San
Francisco, has received any pay-
ment, according to Mrs. Grant.
She said that Ruby's brother
Earl. of Detroit, had borne some
of the- incidental expenses.
Like her brother, Mrs. Grant
resents rumors that Ruby was
affiliated with the Communist
party or with the underworld.
ather. be called anything
than a Communist," she ;pm:
tested. . .
"I've seen stories'that, we
grew up in a .Chicagci:gljetto:
slum, Mrs Grant)y,.00411
was `t.'1:1661.241dielP.9r
there farailitotc,
ligions, and we aver. went Withl
out-what we needed. � � 10
of the boys in �
neighborhood 'turned out .
That happens anywhere. But I
never � knew anything about
questionable characters in Chi-
cago.."
� 'Plenty of girls'
She also challenged. sugges-
tions that Ruby's sexual life
was not normal.
'I'm his sister and it's not for
�
me to say, but Jack has always'
had plenty of girls," she said.
"When he was younger, they,
used to chase after him all the
time."
As for stories that their fath-
er was an alcoholic, Mrs. Grant
said:
"He lived to be 89. Did you
ever see an 89-year-old alcohol-
ic?
'I sometimes think of what!
my 'father said When I � was
going to. open' a' club- in Dallas
�after the war. He-was against
the idea at first,' and then he
started 'trying to explain it to
his fifiSMS77� �
"Not everybody in a- saloon
Is bad;. he said. !And not every-
body in a shul [synagogue] is,
-
�
Apiii2. felt: tit
Dallas and Ruby .
"You just either are for this
town or you're on the outside look-
ing in," a Dallas business leader
has observed...Dalin� is a city of
passionate "boosterism"�its citi-
zens are quick to talk up "Big
D's" virtues and just as quick to
bristle at criticism. It is also a
strongly conservative and con-
formist city.
After the shootings in Dallas
last November of John- 5'. Ken-
nedy and his alleged assassin, Lee
H. Oswald, many citizens asked
� publicly whether the city had been
caught up in a "climate of hate."
. Mayor Earle Cabell declared:
"Each of us must search his heart,
asking whether by any .intemper-
ate word or deed he helped push
[Oswald's] mind across the brink
of insanity." But as Dallas came
under stinging worldwide criti-
cism, public disc ion focused on
means of rebul11ng the city's
"image."
Last week the climate of opinion
In Dallas was a pivotal question
in court proceedings involving
Jack Ruby, killer of Lee Oswald.
Ruby's attorneys asked that his
trial be moved from Dallas,
charging that the city's leaders
wanted to make Ruby the scape-
goat and wash-Ervesry "the sins of
Dallas." They brought in a parade
of witnesses to testify that Ruby
could not get a fair trial in Dallas.
On Friday, Judge Joe B. Brown
put off a final decision on moving
the trial pending an attempt to
select _an unprejudiced jury. He
ordered that the trial begin to-
morror, as planned, with the ques-
tioning of prospective jurors.
Whether they could pick an un-
prejudiced jury, he said, would be
"the true test" of the atmosphere
In Dallas.
In Washington last week the
special Presidential commission in-
vestigating the assassination heard
Its second witness�Mrs. Marguer-
ite Oswald, 56, Lee Oswald's moth-
er. For three days she argued her
son's innocence, disagreeing with
his widow:s conclusion that he was
guilty. "She's telling her story in
her own way, from beginning to
end," said Chief Justice Warren.
He said "she has not given us any
facts that would czange the pic-
ture as we know it" Mrs. Oswald
told reporters her sn was a C.I.A.
agent "set up to take .the blame"
for the assassinatiln. C.I.A. chief
John McCone declared: "Lee Os-
wald was never directly or in-
directly linked with the CIA."
CiTY-TRIAL OPENS
iiN DALLAS TODAY
; .
� ..
ictforts 'to Select jury From
' ;Panel oft1713-re Begin
e
: .
t By JACK L4N4IGUTH
�
I' , Special to The New York Times
: ALLAS, Feb. 113�The trial
atPack L. Ruby Will begin here
at 9 A.M. toinorrow with an
attempt to pick a jury from a
pittel of 900 Dallas County
midents.
rile trial will go on without
1.140 services of the 'first lawyer
-.stained for the defense of the
toera-old. night club operator
w shot and killed Lee H.
..) alk, the accused assassint
President Kennedy, last Nov.
I
e lawyer, Tom Howard of
alias,' announced today that
was withdrawing from the
e.
'Since Melvin M. Belli of San
f' cispa . took charge of the
.1 ense last December, Mr.
ward's participation in the
� e has been steadily reduced.
HIS dissatisfaction with his role
been evident since, the
clnge of venue hearing that
e4Ied Friday.
puring one of the rare times
t4t he was permitted to ques,
Un a witness, Mr. Howard be-
an a question, then paused and
salid, "Ne, Ill ask you 'instead
iwrt Joe has written 'out for
n here." f'. ' ' . � :
oe H. Tonahill of Jasper,
Tex., was. one of the lawyers
rqpruited by Mr. Belli. Sam S.
Body of Los Angeles and Phil
BErleson, a young Dallas law-
ye', are also assisting in the
defense.
.P � � �
Seeks Death Penalty
The prosecution will be led by
Henry Wade, Dallas County
District Attorney. His staff in-
dudes A. D. Jim Bowie, William
ICAlexander and Frank Watts.
iMr. Wade is asking the death
loaity for Ruby. Mr. Wade,
was first elected district
. rney in 1950, is considered a
t and taciturn prosecutor.
the 25 cases in which he has
iced for the death penalty, the
j ry has .agreed in 24 instances.
Mr. Belli, generally suavely
ft-spoken in the courtroom,
a talent for cutting hives-
e when. atamining. antagonis-
witnesses: He has announced
t he will subject all potential
Fors to a. rigorous. examina-
t is gener lly expected that
ki. jury t be chosen with-
' a week o4 10 days, District
dge Joe BD Brown will move
e case to another county.
rich side is permitted 15 pre-
ptory challenges and an un-
ited number, of challenges
hen a. valid* cause of disqual-
tion . can. be shown. � , _
, e defense predicts that the
II'
he
will last about four. weeks.
e trial .has � arouSed little
erest on the Part of Oswald's
dow, her business adviser,
mea H. Martin, said today.
a said that Mrs. Marina Os-
d expressed no strong feel-
about the Ruby case dur-
preliminary hearings and
t she had now returned to
quiet pattern of . life in Dallas.
I' Week 'Exhausting'
:Mr.., Martin described her
eels in Washington earlier
month , as "exhausting."
a. Oswald appeared before
Presidential commission
t is investigating the ems-
ation and its aftermath.
!Mrs. Oswald and her. two
all children are still living
tit Mr. Martin and his family
Degas, he said. She intends
Move to a private house as
on as a suitable place can
0 found.
'Mr. Martin said that Mrs.
Would probably rent a
use "for a while, until she
what she likes."
pfillea sha tntends te bur a
hi am area.
1ft, eesslia that Mrs. ' Os-
wald expressed no strong feel-
about the Ruby case dur-
Ok preliminary hearings and
at she had now returned to
it iquiet pattern of life in Dallas.
I: Week 'Exhausting'
t : ; Mr. Martin described' her
Week in Washington earlier
Pliis month . as "exhausting."
! Etre. Oswald appeared before
1 the Presidential commission
. that is investigating the asses-
rthation and its aftermath.
� Mrs. Oswald and her two
M� ull children are still living
tf4th Mr. Martin and his family
A Dallas, he said. She intends
fci move to a private, house as
!loon as a suitable place can
� 00 found.
c ;Mr, Martin said that Mrs.
Oswald would probably rent a
-Abuse "for a while, until she
lees what she likes." ,
4.:Then she intends to buy a
: some in this area.
::Her adviser said Marina Os-
Wald had sold the book rights
her memoirs to Meredith
in Des Moines, Iowa. The
press in
picture rights have been
rod to Tex-Italia 'Films, an
%alien company with offices in
me and Los Angeles.
:Negotiations for . magazine
lights are in progress, Mr. Mar-
na added. He declined to say
tpw much Mrs. Oswald had
t pen paid for the book and film
iontracts.
1,4 Theagreement with Meredith
rress stipulates that she will
!grant no . further interviews
intil her book is completed, he
Itated.
The Secret Service agents
Istho had guarded Mrs. Oswald
tt, nd her children since Oswald
was killed have been with-
sawn, Mr. Martin said.
- .
..yo�-�q; r : 21".� �
cqui
Rejected.
rial QsperiS
Jury to Be Chosen
'From Panel Of 900;
...1)"0:11-as'cotir�Ful.1
i7-)5Aisi.j.i.titltOC;Teb: A.1:1.).
"4�AttorneYsio4Jack Ruby Open-
' Otirder triar todaY�� with
� `1�,reljueSt for .a directed. verdict
� '� of-accluittiilltidge jOe.p.'Brown
promptly; overruled-it. . .
� .< The � defense � attorneys,
Mel-
n'Belli-nd JOis .said
they. .bate4;..t.hd. Motion �� on .the
result of a neurOlogical�exami7
" nation-. , Ruby e9nducted
Janu-
-ary .
. :Ruby :hi 'charged *With. murder
.. With. in � 01a:shooting of
. -Lee* -Har.VeY -accused
assassin of 'President Kennedy.
TrinehilLsaid.that the..en-.
tephalOgrapl4C. �'record' -showed
"brain xlemage." . � �
� Jarriea 'Bowie,' Assistant Dis-
trict. � Attorney, -leaped to his
feet barking. objections. Mr.
Belli then- 'rose: and 'al heated
wrangle. broke out on -the ques-
. tiOn of."..what Mr. Bowie called
'no -procedure" for this.�
' Matter: for Jury
� In "overruling the motion for
acquittal; the � judge said "that
is matter -for, the :jury to de-
cide.".' �
. 'A panel of 400 jury candidates
� . the � normal
� number�has been called in
� order tif ..qualify .12 as unpre-
judiced.;'� .
The 'defense also offered two
Motions ion grounds of double'
jeopardy and res judicata�that
is,.. the question already had
been ' adjudicated.' These ap-
parently � were - based on testi-
mony introduced in a bond
hearing � and in � a hearing on a
motion to transfer the trial to
another' city. . � .
Judge Brown, asked about the
double jeopardy motion, said, "I
� .don't know. There is no pro-
vision :for. it � in Texas � law. Of
coin's% they're basing. all their
-:.motiOns 'on . this ..psychlatric re-
port." � ..�
Ruby� meeting-41-T dark -.suit
.shb,t;;:lOolted pale
and hill'a?tpresOW.WghlTave-.,
� ;Oa hbtprie, trial:Nitta-form-
. ally. at CST when
Judge' chid'. In -black
robeih.-atild from�thabench,* "In
� : the .matter of the ',State vs.
� Jack' Rubenatein, alias : Jack
. Ruby, � is the State. ready?" .
� � Aide 'Withdr.aws �
District Attorney Henry M.
Wade .replied in the affirma-
tive and Mr. Bellt ,said the defense � wet,' too, --"subject t
some 'motions . 'We wish t
present."
The next *lion was the request. of Thomas Howard, Dallas' � attorney, to, withdraw
as a member .et the defens
team. The. judge granted thi
as a formality.
The .eaukteeem was filled.
Ruby,. 42, a night club op-
erater,7�.ehet Oswald ea Nevem-
Mi..24. two: olitita_ after the
tilskleat *OS M,W lam Dallas
Deputy Sheriff Rosemary Allen *(left) searches the handbag of Mrs..Eta �
Grant, Jack Ruby's sister, as she enters court today.�AP Wirephoto;*
9
-
� lad(
the ra tter 'Ot�lbe.".74.fitate
Jaok
: Ruby; is :the -State ready" .
. "Aide Withdraws �
District - Attorney Henry M.
" Wade replied in the affirma-
tive and Mr. Belk .said the de-
lease was,- .:toe;,-=.1!subject to.
some -motions.; Ve with to
present." . � "
The next adieu was the re-
quest , of Thomas Howard, a
Dallas attorney, to. withdraw
as a meniber, -of the defense
team: The *judge granted this
as a .formality.:
The -courtroom-Was filled.
Ruby,' 52, Ji ,night club. oil-
erator,�:(stot Oswald on Novem-
ber- 24, two' days': after 'the
�President was killed In' Dallas
and 'Oswald was charged with
murdering him....'
Judge Brown then declared a
recess to� await records of
prospective jurors, which were
king brought in from another
room. During this pause, Ruby
' Conferred animatedly with his
attorneys.'. . ,
��� Everyone entering the court-
room was searched by a deputy
sheriff.. .
; The defense motion 'for ac-
quittal was based on The results"
� See RUBY, Page A4
� � :
Centinued From" Page A-1
6r a-psychlatrie 'examination of
Ruby, ordered by the State, and
conducted by three psyChi-�
'atrista. ' The neurological evi-
dence contained in the report
was locked up in the custody of
, the court:
.There have been conflidting
regorts. about the contents. One
Was that the report showed no
lirain damage, the other that it
di d disclose organic brain
damage. , '
IMr.. Belli came to court
armed 'With some cards used in
the Rorcichachleat, a set of ink
blots used by psychiatrists in
iilvestigations ��' of 'mental and
emotional patterns.
� N First Candidates Called
,'�&tt 10:18 a.m.; � Judge Brown '
ordered the courtrdom cleared
tcj make room for., the first 150
jury -candidates.. 'He., selected
them Out' of �ti� stack of white
cards, apparently at random.
1The first step was to deter.
mine the eligibility of the ve-
niremen on technical questions
about residence, legal status,
etc. ��� � � .
When he .cleared-the court-
room, the, 'judge. instructed
nOwsmen and photographers .not
to try to qiie.StiOn any of the
pfospective jurors .or to photo-
graph them. ...��
.The first :group of 150. jury
OU,ndidatei began filing into the
gourtrooni at 10:30a .m. About*
half Were women*.
!The trial is being held, in a
courtroom directly across the
Street from the building where
to assassin. -lurked � and:. then
ed at Mr.' Kennedy, � -
efense lawyers indicate that
they will try to ' go into' the
crrcumstances of the Presi-
dent's murder, .as an integral
pprt of the case for. Ruby.
But District Attorney Wade
aay s Oswald's guilt or innocence
Ir. immaterial in Ruby's trial
- � iThe key phrase In 'the indict-
,Ment'of Ruby says he ". ; did
-then and there with malice
aforethought kill .Lee '� HarveY
�
�
JACK RUBY,:
,
The Accused,
Jack Ruby,'- 52, born Jack
Leon Rubenstein, March 24,
1911, on Chicago's West Side.
Fourth child of eight born to a
carpenter, who came 'to this
country from Poland 60 years
ago. Spent some time in foster
hoes' when his parents sep-
arated.
� -
� � Peddled novelties, scalped
tickets and hustled here and
there before serving as a state-
side mechanic in .the Army Air
Force, 1943-46. After his' honora-
ble discharge, he came to Dallas
about 15 years ago and changed
his name to Jack Ruby. Took
over the Carousel, a downtown
strip 'tease joint, and the Vegas,
a dance hall. �� � .
A flashy dresser, he 'doesn't
drink, smoke or use profanity.
Never married. Twice arrested
for carrying a pistol, once for
fighting,
On November 24, 1963, he
stepped from a crowd of on-
lookers at Dallas police head-
quarters and before a national
television audience shot to
death Lee Harvey, Oswald,
accused assassin of President
Kennedy.
. �
wv44.1. 1.;414.4
���.,
� :
. � r
Insan, ,
JUDGE JOE B. BROWN
The Judge
Joe B. Brown; 55, gray hair,
bushy eyebrows, 5 feet 11. Born
in Dallas, educated through
high school.- He worked for the
Texas 8r Pacific Railroad when
a friend took him along by
chance to enroll. at Jefferson
University. School. of Law in
1931.� His instructors in this now
d u t � institution included
Federal District Judge Sarah
Hughes, who administered oath
of office to President Johnson
after the Kennedy assassina-
tion. �
' 'Graduated in 1934, he was
elected Justice of the peace the
next year, advanced to criminal
judge n 1944, and elected in
1957 to the :Criminal District
Court. Has tried more than 30,-
000 cases. �
'Hunts deer but doesn't relish
killing them. Divorced, with a
son who is a justice of the
tieace. A pipe' smoker,' he has
had four heart attacks. Has an
amiable personality.
� Sent blond stripper :Candy
Barr to prison.. in 1958 for
possession of narcotics, after
leaving,. bench during trial to
shout some snapshots of,. :her.
et� a howl riorYilesd
-HENRY PI;317APE = imnyiN. M. 'BELL!
- , � 'e�
-The Prosecutor' . .
.Pefender
� Henry M.', Wade, 80:" criminal .,AtelliinNOuron Belli, 56, San
feet 10, weighs 200 pounds. Has Mtnc - of the firm of Belli,
42 assistants, a total- staff of 88;-.AShe �.'and � Gerry. Handsome,
district attorney of Dallas, � 5. Viipce lawyer and senior
of a possible 25 criminals to the: least 100 � lawsuits in which
chair.
an annual budget of $400,000. In silvery haired, he has been
13 years in office, has sent: 24 involvd by his estimate in at
�-,
: ' '-.,--:,-'' award:Car. settlements came to
,
Born in �Rockwall, Tex.,-. 'Feb; $1.08;040 or more. '
ruof aray �co11un, 4,1914j4; thee, w anasd thoeieanot n: .?�,t9rte :of the Nation's foremost
negligence� lawyers, he has
seven brothers,. of: whom, five *Veil ' several .books and lee-
are lawyers or judges in 'Texas.
Was Rockwall High football
captain and valedictorian 'of
class of 1933. Went to the Vni-
veraity of Texas on a' .football,
scholarship, and roomed with
Texas Gov. John B. ; qonnally
jr., who was wounded by, Pres-
ident Kennedy's apsasdin.-y4 i,....
Served as. an FBI agent-1938f
1943, entered the Navy- ai, an.
ensign,-', served , aboard; ;VS%
Hornet' battle of Leyte 'and
the Philippine invasion.
After the war, .he seried at
assistant district 'attorney'. of
Rockwall County; then. prac-
tired at legal semmars.
, red plush brief
case,' Wears cowboy boots and a
fur-trimmed coat. Sometimes
brings to -court a human skele-
ton Pained "Elmer," to demon-
strate arguments- involving
4360:.; called a flamboyant
Oliblicity *seeker. � He professes
not to be.:bothereil by the accu-
satiOn,4says,,, "I'm not flamboy-
ant,Tni7Colorful."� � �
.Born' in Stockton, Calif., he
ras-c:Ondjisted 'In 1929 from the
UniVersityi� of "California, took
his 'degree 'in the law school
there; was 'admitted to Califor-
ticed law privately. EleCted3s, .bar in: 1933:. :
his present $16,000 a year ixist. iiii,*tiacious reader, he has
1950.� � been married three times. He
Married to ibis one-time hait.four2children by ins first
roam hA three dainditers Wiftk2. and a son by his third
efenseAo�.,
..: � : . �� : '
' 41pe I Continued- From 'Page A-1:
nee,-�-psychiatrie 'examination of
Ruly,nrdered by the State, and
� conducted. by � three PsyChi-:.
'atrist..4.: The netutlogibal nvi-*
Hence -contained In. the report
was locked up in the custody of
� the court.' ' � -' �
There have been conflicting
forts:'about the' contents. One
inTS that' the report 'showed no
grain damage, the other that it
'i d disclose , organic brain
age.� .
� 7t Mr. Belli , came to court
armed with some cards used in
the Rorschach teat, a set of ink
blots used by psychiatrists in
investigations. of Mental and
emotional' patterns.
First Candidates Called
�
1.�:At 10:1..0 a.m., . Judge Brown' '
ordered the courtrdom cleared
tq make room for, the first 150
jury candidates.. He � selected
them out of a' .stack � of white
cards, apparently at random.
.3'he first Step was to deters
mine the eligibility of the ve-
niremen on technical questions
about residence, legal status,
de. -
;When he cleared the 'court-
room, the, � judge. instructed
npwsmen and photographers not
to try to quettiOn any of the
prospective jurors or to photo-
graph them. .,
The first 'group of 150 jury
Candidates began filing into the
cOurtroom at 10:30 a.m. About
half were wemen.
1.:The trial is being held in a
courtroom directly across the
street from the building where
the assassin -lurked and then
fired at Mr. Kennedy. ,
1)efense lawyers indicate that
they will try to go into the
arcumstances of the Presi-
dent's murder, . as an integral
part of the case for Ruby.
:But District Attorney Wade
says Oswald's guilt or innocence
Is immaterial in Ruby's trial.
� ;The key phrase in �the indict-
,Ment of Ruby says he ". . . did
then and there with malice
aforethought kill Lee Harvey
Oswald by shooting him with a
�
� : II
IrThis Is equivalent to a charge
or Murder m the 'first degree in
ether States:, It carries a max-
um penalty Of :execution.
Wade ay be will de.
mand'Ihe :death penally for
uby's defense will pivot on a
claim of temporary insanity.
10! Belli Cites Epilepsy
,*Mr. Belli says, tithe most
**portant aspect of the trial
will 'be the 'psychiatric testi-
niony. Everyone saw Ruby
t Oswald". (a reference to
e fad that television and
ne w s .cameras recorded the
shooting seance) "but no one
saiv into this man's mind."
#1r. Belli last night spoke of
sych o tnt --epilepsy,"
sy chi c shock," and
auma." He pictured Ruby as
;victiin of psychomotor epi
lsy, subject to blackouts,
ewhich could be touched off by
rage, ahock, or a . powerful
, emotion.
'wo..unusual elements hang
over this ease.
,One
is the speculation that
. Kennedy's death , was the
result of .a monstrous conspire-
c,
and that Ruby killed Oswald
tOi"keeP hint from talking." No.
his *oared 0) pp-
this. �
other is Mr. Ragra con.
that Dallas is so saturat-
with
prejudice and n*
that Ruby. cannot a
JACK RUBY;"
The Accused
Jack Ruby, - 52, born Jack
Leon Rubenstein, March 24,
1911, on Chicago's West Side.
Fourth child of eight born to a
carpenter, who came -to this
country from Poland 60 years
ago. Spent some time in foster
homes When his parents sep-
arated.
Peddled novelties, scalped
tickets and hustled here and
there before serving as a state-
side mechanic in the Army Air
Force, 1943-46. After his honora-
ble discharge, he came to Dallas
about 15 years ago and changed
his name to Jack Ruby. Took
over the Carousel, a downtown
strip tease joint, and the Vegas,
a dance hall.
A flashy dresser, he doesn't
drink, smoke or use profanity.
Never married. Twice arrested
for carrying p pistol, once for
fighting..
On November 24; 1963, he
stepped from a crowd of on-
lookers at Dallas police head-
quarters and before a national
television audience shot to
accused assassin of President
death Lee Harvey, Oswald,
Kennedy.
Charged with .murder With
malice aforethought, punishable
by death, his defense is tem-
porary, insanity, brought on by
shock and grief ,over Mr;-.Itep-�
ned
. . any triaL
rot on Insan
JUDGE JOE B. BROWN'
The Judge
Joe B. Brown, 55, gray hair,
bushy eyebrows, 5 feet 11. Born
in Dallas, educated through
high school.. He worked for the
Texas & Pacific Railroad when
a friend took him along by
chance to enroll at Jefferson
University. School of Law in
1931:His instructors in this now
defunct institution included
Federal District Judge Sarah T.
Hughes, who administered oath
of office to President Johnson
after the Kennedy assassina-
tion.
Graduated in 1934, he was
elected justice of the peace the
next year, advanced to criminal
judge in 1944, and elected in
1957 to the Criminal District
Court. Has tried More than 30,-
000 cases.
Hunts deer but doesn't relish
killing them. Divorced, with a
son who is a justice �of' the
peace. A pipe smoker,' he has
had four heart attacks. Has an
amiable personality.
� Sent blond stripper -Candy
Barr to prison., in 1958 for
possession of narcotics, after
leaving, bench during trial to
shoat tome snapshots of.. her.
She since has been paroled.
Judge Brownsaid in advance of
the Ruby trial,. "I've been pray-
ing over it. But that's the way
any judge ought to feel' 'about
- -- �
HENRY. 011; WADE
The Prosecutor...J.,A...
'Henry Mt Wade, 50;' criminal
district attorney . of .. Dallas, ��� 5 :,R.,11s0(
feet 10, weighs 200, pounds. HaSlyippl .0.P�
42 assistants, a total staff of 80i, 34_ ion
an annidel budget of s400,000. InOaverr;1
13 years in office, has sent-'24,
of a possible 25 criminals toll* lelyif.,.1410(
chair. . � '1,,..4.00V EtWareitto
Born Rockwall, sTex.;1�F.'o')),%1
ruary 11, ism, he was the son
Was Rockwall High footballfiVe ITrittene4.
a�tel
of a 'county.. and one Peeg
seven brothers, 'Whoni;
are lawyers or judges in Texas. "
captain and valedictorian *Of
class of 1933. Went to the Uni-
versity of Texas on a football
scholarship, and .roomed with
Texas Gov. John B. � Connally,
jr., who was wounded .by, Pres-.
ident Kennedy's assaalin.. Y:;.4et ;.-
publicity
Served as. an FBI agent-1989-: not...te
1943, entered the Navy 'as' an
ensign,-.- served aboard?"4..ISS. 841161VS
Hornet' in battle' of .Leyti! d 44'4 ill
aim
'rCerrles
case; we.
fur-trimn
brings tt
ton name
strate
bodily in,
136111s
the Philippine invasion., ' kY10�a
After the war, ,he Sem ,erei
assistant district attorney.
Rockwall County; then .Prr 'rap
ticed law privateig, FJeaestt4 -
his present 816,900 a Year, rat.
, .
In 1951 .. , ; � , J, 14141), m
Married to 'Mar-, onatillte". sect Iiknifotr
retary, he has three Ifaughterif Wifelao
and two sons. - Wifek.S
. Said in advanceAf
"Wei. :think the- RubY-. caoh...;-ean brother,
be tried. in Dallik, and that he, himself
can obtain a fair.trial"- � '�::�1 'hetween
1-1
BJA04 �LANSCIIITH
siedir Thi NSW tork,Thes, � t.
,13.47.411; groo:' sow
the baeh' � head; --reffecale
had 'rti4,-4n 'and- darted.. toward
Oswald.,,Then he. drew back or
wasi plane& baOk X don't think
..I,sew the gasi..1110, didiA hear
'more 'as' toocniuch noise.
� Then. one . of ::,the officers hol-
lered, lack, 7,you� � dirty- bird!'
some. tifune � like that."- �
The Maikon the Witness stand
was 'Douglas Sowell; al 381
year-old ����airlind.4Medianie... He
� was. being questioned' about the
� scene at the': Dallas city jail
'sat Nciy.' 2,4 when Jack L. Ruby
steppeffronta crowd and Shot
the acOUSed issue* . of Vresi-
dent John; P.' Kennedy...
Mr.. Sowell, Was *not testifying
t as a material Witnesa'at'Ruby's
raurder;:trial. ;despite' his; vivid
recounting".." of the ;scene: , In-
stead, :he was being lexarothed
as a potential. juror." He later
was seatedas the fifth member
. of the limp � ' J.,' �'. ,.; '
Policemen Callod
� Distriiit 'Attorney, � Henry
Wade Will' call, �several. police-
men, who were' tat .the station
that .Stinday;14tItestify for' the
prosecutioh...When the,, trial , be-
gins next, Week.' The ;defense
will crOstocareine the officers
closely to try to establish that
Ruby was:suffering from a' ;el-
zure litho; he . shOt Lee H.
But Ruby's 'lawyers Protest
that no matter how persuasive
the testimony on either side, Mr.
Sowell and most of the other
jurors. are gbing to remember
what they,' themselves saw of
the shooting. �Televisionl. Made
each of them a witness.
Under Article. 616 , 'of the
Code of !Criminal Procedures of
the State of Teats, there�are 14
reasons for disqualifying ',a
� juror. No. 6 reads; "that he is
a witness.* the case.' � �'
The defense, argunitat � has
become. routine. If a VenireMan
saw the,' shooting on television
�and 93 per cent' of them have
seen either the live broadcast
or a rerun�A:Why's lawyers cite
Sub-section 6, Artl410 616,.. They
then asked that Judge .to B.
Brown dismiss the juror for
cause:, .;% .� � � � I ,.
Th'el'iudgelhas steadfastly re,
fused. *He hat upheld the' prosecution's argument that the per-
tinent subsection is not No.' 6
but No. 13, which says that a
juror can . be. dismissed ". �' . if
there.' has, been established in
the mind, of the juror such
conclusion . alto, the � guilt or
innocence of the defendant as
will influence' him in hip mean
In finding, la
Can yca1;
Whether, TV Viewers ,of Shooting
.'Can Serve'lon 'jury Is' bebate0
.lackion
Jack Ruby shooting Lee Harvey Oswald lit Dallas on Nov. 24.
f
each 'candidate for the jury, lay
aside what you have read about
this case or what you have Seen
on television and render a fair
and impartfal verdict? '
The prospect enerally an-
swers yes, with varying, de-
grees of sincerity. Disregarding
anything but the affirmative
reply, the judge has ruled that
the man or worium � was quali-
fied.* serve. . . ����
�Last Monday, Ruby'1.1aWyersi
tried to challenge the judge's
Interpretation in the Texas Su- countered: "Suppose you had. a
preme � Court. � Their brief closed circuit television channel
argued � � , - � � , in �it , factory. Someone 'was
Television Viewer � ; watching a receiver .while
'If hearing of 'events. 'over burglar came in and killed a
radio transmitter and' Wouldthe court holdthe� Man 'it the other end
the event' through a mirror or
field glasses *constitutes ',per-
sonal observation,' there 'is. no
credible reason why the tele*
sion,, viewer cannot testify. on
personal observation." � !) �
'Of the This last rate touchegt4
key argume
r
prosecu-
tion. Texas w is little differ-'
ant from the law of other states
In defining a witness. He must
relate � what 'he perceived
the 'scene from another angle.
He could not smell gun powder
or hear the noises away from
the inetwork microphones.
� "Anybody who saw those two
photographs of Ruby pointing
the gun and of Oswald doubling
In pain got a better view than
television showed," one Dallas
judge, not involved in the case,
.. � � . � did not see. me shoo
'A Southern Methodist' UM- vision.
Versitt laW professor, who sup. � � ,
ports the defense argument, Juror Subpoenaed/ ,
t.� ?,..
d.
., � !..i...., ........Y:IskN, .s:'.. . .
to Ole: iobiiiikolid_rtit'e.
Three members, of his;111f.r
geen, this Plur.01....,
: T96' court .rov �
*flan., . commentto ., .. �
'Tor lemons' ::'whOi iiii:eiver.
watched televiSlop the 4pnaltt;
sion' cannot be thst\th�
spaotsole; to the., tittnif. .
sands of people ."whOlsat'40
*tart It, Id s: varr,l'ani,;!angn
1,Vas Rideau's trial�at' which. ;�,Iiii.
pleaded guilty 30 . nitird�11;''
subsequent 'court prooaedlngjfl
a .community. so pervasitel ..'00,..
posed to such a 'speetieltf OUld
be but a hollow:formality; .vot
.r., q..,.. rnie proemial:Wiley/40i
gulred � a trial.' beforki4,11-inrY
drawn from a community, Of
people who had not. seen 'and
heard aideateti televiSE:d�A*;
view /I .. � :....:ti.',14'''..ttyl:;.'
. , . ,
National 'Coverage ': W
in Ruby's ',case,, wherq. e.
televised SeqUordee covere4140
whole . cotintrY and '� hall one,
Louisiana parish, a SIMS.;ruki
ing ' could mean a'. search i for:a
&MX people in . a. .einninhitY
who lacked the intense or ;the
facilities to see the ,y.11,114.41
Oswald... ., .-2.;./ .4 -:-.1':k i'.ct
, The Tama '�flUprenitis.
voted � ^ imaniniously;:i�!�1
against.. . hearing k'tlie . i i'lef
writ. � . � : �� P.' � ' '1'1.14*
'Ruby's lawyers mails iicomtr
application to the, Texas court
Thursday, a forniality to' per-
mit them later to petition .the
Federal Supremc Court 't
If the Court. uphOlds,theirar-
gument, the t defense attorney
confidently expect. .,,2 si ��rnlstrW
declared in ' . the. aiirtenti,2�pro-
ceedings. They nett that! only
one of the jurors noei'seatedkla
27-year-old business ingscpti
..t "
t.,I x
In: a further' attemiti;
derniine clirrentP. P1144.
lags, Ruby's lawyers' late Alo
asked permissielk . NstOPP.,33#
the first juror who,. Illeaeni:
The distriot cat '�
Ii. denounced thii tit
of the plant Could notitestify eau max It pokeet
as awitness?, , !.,� � ; nal& .� � Al P�,;. .;10:
No Direct Maine :; ; usey, 'a 357.,
' There has been no direct.rii1;; said thiring."3
int by azt 'aPPellate court on nation that he eaw.
'this issue. The � Closest : appried., identified by' the
matiOn was a' ruling' last year /initiator as 'taitingi
by the United States Supreme lied steps forward" ',i'out` of. the
Curt In, the, case of Rideau ir. growo,,at the :ial44.2141121..7
Louisituut. ; � yers,,trying to .Pl'ovas.,
� In February, . 1961,. a man was. 'Bufferi'nif 'i? sit
through his opuses. p" robbed a, hank, In laki Mules,
� Anyone � Who"; � watched the La.,' and killed,a, bank ?einplOye,
shooting an teleeisien..Ster *b# 000a 'after the' arrest .01 sus
-
the camera eye showed hini." A. peat, Wilbert Rideau, the local
television viewer could not use television ' station . a.ran a. i�
full, range, of ,,viIcn.� He **its interview.. Will%
uld not bend his nb4k to see WM& c4stltuted a7epuf
,
Munn at the,lime, t
thin, detail inkinlensn
tO itictitY OidilnitA0
a material \ witness4,
Q.,""-has ,mmshed,
ttl
RUBY TO TESTIFY,
LAWYERS DECIDE
Appearance Will Expose Him
to Cross-Examination
By HOMER IfIGART
Special to The New 'York Times
DALLAS, March 1�Lawyers
for Jack L. Ruby have decided
to call him to the witness stand
in his trial for the shooting
of Lee H. Oswald. �
Defendants who'plead insanity
rarely take the witness stand,
Invoking the Constitutional
right of all defendants in crimi-
nal cases to remain mute.
But in this case Ruby's law-
yers say that his derangement
Is episodic, that between spells
of mental blackout he is capable
of noymal thought and action.
Appearing as a witness would
expose Ruby to cross-examina-
tion by District Attorney Henry
L. Wade, but the defense be-
lieves that Ruby's case would be
strengthened if hectoring by the
prosecution caused him "to act
abnormally in front of the
juror-. gpmmamm..,,,
Twn sisters of Ruby are
ready to testify; Mrs. Eileen
Kamii.sky of Chicago is ex-
pected to tell of her treatment
by a psychiatrist in 1960 for in-
volutional melancholia, a form
Continued on Page 12, Column 6
RUBY TO TESTIFY
AT MURDER TRIAL
Continued From Page 1, CoL 1
of melancholia usually charac-
terized by deulsions.
Mrs. Eva Grant of Dallas is
expected to testify to her
brother's distraught behavior
between the assassination of
President Kennedy on Nov. 22
and Ruby's shooting of Oswald,
the accused assassin, on Nov.
24.
Ruby's mother, the late Fanny
Rubenstein of Chicago, was once
confined to Elgin State Hospital
in Illinois for tiTatment of
paranoia.
Two more jurors must be
found. The chief defense coun-
sel, Melvin M. Belli, said he was
confident they would be chosen
tomorrow.
When the full fury is sworn
in, Ruby will be formally ar-
raigned. An indictment charg-
ing murder with malice will be
read. Ruby will plead not
guilty. Then the state will pre-
sent its case.
District Attorney Wade plans
no opening statement He 'will
immediately call members of
the Dallas police force to tell
what happened in, the basement
corridor of the Dallas jail when
Ruby 'lunged' from, a crowd of
television 'en and re-
porters and shot Os aId. ;
The trial is expected to last
four weeks.
Mr. Belli attended services at
the Protestant Episcopal!
Church of St. Michael and All
Angels this morning And heard
the rector, � the Rev. George
French Kempsell Jr., declare in
the sermon that guilt for the
assassination of President Ken-
nedy must be shared by all
Americans.'
"Any of us who listened with-
protest to the vicious hate
mongering things that were
said about President Kennedy
shared in creating the atmos-
phere in which Oswald's'das-
tardly' deed could take -place,"
said Father Kempsell.
This climate was not confined
to Dallas, he said, but pervaded
the nation.
Father Kempsell, who re-
signed as rector of St James
the Less Church in. Scarsdale,
N.Y., in January, 1963, to come
to Dallas, said he' did not know
Mr. Beffi was in the congre-
gation until the service ended.
- -
;.
0
a
0
United PreS3 International
CONDUCTS RUBY TRIAL:
Judge Joe B. Brown, who re-
fused to grant Jack L. Ruby
s . trial outside of Dallas.
�
ATTITUDES CHANGE
IN,POLLS ON RUBY
Defense Pteasee�by - Growth
of Sympathetic Response
By 'JACK IANGGIITH
". Special to The New York Times '
DALLAS, Feb. 29 � Public
oPinion. in ballast which was
hostile to' Tack L. Ruby three
months ago, has reportedly be-
come increasingly sympathetic
toward 'him and about his pia
of insanity.
According � to a private poll
ordered � by the defense, the
proportion of Dallas . residents'
who now believe that Ruby was
sane when h eshOt Lee H. Os-
wald has dropped to AO per cent,
� When the first sampling was
taken last Dec...46,..66.1:ier 'cent
thought Ruby Was "sane. at the
�
time of the killing. .2
The: 'extensive polling was.
conducted for the defense .by
the: jo'Cleinents Marketing re.
Search concern of Dallas, The
final results were delivered in
four bulky folders on Feb. 10,
the day Ruby's attorneys tried
to get his trial moved from the
city.
Judge Joe B. Brown, however,
refused to move the trial, and
jury selection began, here twO
weeks ago: � Faced with a trial
in Dallas, Ruby's lawyers have
been encouraged by the results
of the poll.'
'Did the Right Thing'
�
"We beard from a lot of other
attorneys who said we had made
a strategic mistake by putting
our psychiatrist on the stand at
the bail bond hearing," one de-
fense attorney said.
"They thought we should have,.
saved the testimony that Ruby's
brain is physically damaged
until we got to trial. But the big.
change in opinion here in Dallas
indicates to us that we did the
right thing."
The polling was conducted at
three different times��in Dall
on Dec. 16; in Houston on Feb. 8,
after Ruby's autobiography had.
rim' in The 'Houston Chronicle,
and a recheck in Dallas on Feb:
9, after defense experts had tes-
tified at his bail bond hearing
that Ruby suffered from psy-
chomotor epilepsy. .
During the original tests in
Dallas and Houston, 100 per cent
Of those interviewed knew who
Ruby was. Eighty-four per cent
in Dallas and 68 per cent in
Houston had seen the shooting
on television. .
. "Could you 'give Jack Ruby a
fair trial ? was one of the first
questions. .
In Decemb: per cent of
those questioned 1-Mi alias said
yes, 30 per cent no.
The Dallas recheck showed 84
per cent yes; 4 per cent rio.
In Houston, . which is consid-
ered a 'more 'liberal city than
Dallas, 60 per gent said they
could give Ruby �a fair trial and
_
-
lfrper Cent said *CY'
The majo captinte. tO. the
sanity qiieSt., bedember,
less than month ..after 'Ruby
shot the aceused assassin,. .of
President. Kennedy; was. � dis-
heartening to his attorneys'
they began Preparing their case.
�V
Sanity *Sponse; Changes.
"Do you think Ruby Was sane
at the'tirne of the shooting?"
. . .
:Yes, said 66 per cent; no, 10
per *cent; dent know, 14 per
cent;* no response, 10 per cent.
In the � Houston._ poll, 36 per
cent stddRuby :was. sane; 30 per
cent.Said he was not; with the
remainder scattered.
� The results from. the recheck
In Dallas were: yes, 40 percent;
no, 20' per cent; don't know, 20
per cent; no response, 12. per
cent; no opirtion�A'per cent, and
4 perreent said Ruby had auf-
feres1';einotional Shtick.,
Interviewers then asked, "Now
that' we. have talked for a few
minute's; please tell me 'what is
your general opinion of Jack
Ruby?" ' � � .
Thirty-sbiper. cent 'of � the per-
sons' first interviewed in banes
gave unfavorable 'answers -that
were grouped.togither as "don't.
think much of him:" � �
'By the 'time of the 'recheck,
that response Ita,d declined to 24.
per cent. � �
Described as' FEMOtienal'
The- number of persons who
saw Ruby at "emotional" has
risen in Dallas from 8 per .cent
to 12 per cent. In Houston,
where the autobiography ap-
peared,,- 22 per -cent thought of
him as "emotional." �
The statistical categories,
however, do not catch the at-.
mosphere in Dallas last Decem-
er.
"HTe is an extrovert who Will
do anything to attract atten-
tion," one �woman said. on
Dec. 16., � � .
"I - dent have any real opin-
ion," another woman replied,
"I have heard he. is' a kook."
Other Answers Were briefer:
"Joint owner, syndicate connec-
tion," "hot head," "a 'lovi-life
loud mouth,"
" By 'the Ainie, of the recheck,
these � Interviewed � often tied
Ruby's, management of a strip-
tease ChM-into their evaluation
"The, kind of business he was
In, he didn't respect' huinan life,".
was one response. : . . .
"I have the same opinion; Of
him as any other tavern oper-
ator�that's not very, high,"
was another.. -
Ruby's temperament had also
become an issue with the phrase,
often repeated, "a very emotion-
al person."
V, 'MAI e.5
/Verrci ,Of
,
Ruby Jury -Selection
Stilt Is Incomplete'.
By Preston McGraw
DALLAS,:- Feb. 29 (UPI)
Lawyers at Jack Ruby's mur-
der trial fan through seven
prospective - jurors today be-
fore the court gave up for the
weekend, still two short of the
12 needed to judge him.
It was a disappointing finish
to a day that 'started with high
resolve.
The 12th day began with
predictions that "we'll get a
jury today." The defense and
prosecution quickly bogged
down, in picking at legal nits,
derailing plans to start testi-
mony first thing Monday morn-
ing.
Chief defenke counsel Melvin
Belli used his 17th and next to
last peremptory challenge to
remove Vera Johnson, a tele-
phone company department su-
pervisor, without giving expla-
nation. .
If he uses his third and last
extra challenge Monday, Judge
Joe B. Brown has indicated, he
will get no more. The judge
gave him three additional yes-
terday when he used hp his
original 15. -
Of the original panel Of 151
names only one was left:
.George E. Staton. On Monday;
the attorneys will question
him and then start on a new
list of 44 prospects.
Five panelists we r e dis-
missed today for opinions, one
for opposing the death pen-
alty. ' . .
Brown, who had threatened
a night session tonight to get
on with trial of the slayer of
Lee Harvey Oswald, called
court to order 25 minutes late
and recessed two hours later
until 10 a.m. (EST). Monday.
At the same time, the Texas
Supreme Court in Austin will
be confronted with a second
defense appeal to .bar as
jurors anyone who saw Ruby
shoot the accused assassin on
television.
Wham Vandercreek, an as-
sociate law professor at South-
e r n � Methodist UniVersity,
filed an appeal with the court
yesterday � too late for it to
act before Monday.
1
1
1
'HATE' AGAIN CITED
BY RUBY COUNSEL
He Shows Paper Impugning
Kennedy's Character
�
By HOMER BIGART
Special to The New York Ttraea
DALLAS, Feb. 29 � Jury
processing for the trial of Jack
L. Ruby was interrupted today
when his chief counsel, Melvin
M. Beni, waved an extremist
paper and charged that Dallas
was still being flooded ,with
"hate" literature against the
President Kennedy.
Judge Joe B. Brown ordered
a recess while Mr. Bell was on
his feet demanding that the
trial be moved to another city
because of the emotional cli-
mate of Dallas.
Meanwhile, hopes for hearing
the first testimony on Monday
were dashed when an abbrevi-
ated Saturday session failed to
produce the 11th and 12th jur-
ors needed to fill out the jury.
The paper Mr. Belli was wav-
ing was "The Thunderbolt," the
� organ of the National States
� Rights Party, a while suprema-
cist group. It was not published
� In Texas, as Mr. Belli had
'shouted, but in Birmingham,
:Ala.
� The issue, dated November,
1963, was printed before the
assassination of Mr. Kennedy.
It carried a banner headline
impugning_Mr. Kennedy's char-
acter al the thne he was serv-
ing as a Senator.
"This is one of the most
dirty, vile, filthy things rve
ever seen," cried Mr. Belli.
He remained on his feet while
Brown brushed aside his
new demand for a change of
venue.
Mr. Belli cited the Thunder-
bolt as an example of "the stuff
that was circulating around
here" as the time of the as-
sassination. Two days after the
President was shot, Lee H. Os-
wald, the accused psssi.sin, was
himself fatally shot by Ruby.
Ruby is accused of murder with
malice.
Judge Brown said there would
be no recess between the swear-
ing in of the full jury and the
opening of testimony. Mr. Belli
said he expected the trial to
last about a month.
At the end of the second
week of jury processing, 133
prospective jurors had been
examined. Ten jurors were
chosen, 49 were excused for op-
posing capital punishment and
48 because they had fixed opin-
ions on the case. Seventeen were
dismissed on peremptory chal-
lenges by the defense, eight on
premeptory challenges by the
prosecution, and one was ex-
cused because of illness.
This morning only seven pros-
pects were examined. Five were
dismissed by Judge Brown when
they admitted having prejudged
the case, one was dismissed for
being opposed to capital punish-
ment and one was excused on
a peremptory challenge by the
e.
The defense used its 17th
peremptory challenge to excuse
a prim, tight-lipped telephone
supervisor, Mrs. Vera Johnson,
who replied, "not particularly"
when asked if she were shocked
by Mr. Kennedy's assassination.
As an afterthought Mrs.
Johnson added: "I was sorry
this should happen to the leader
of our country."
Mr. Belli has only one strike
left. Texas law provides 15
peremptory challenges for the
defense in selecting a jury for
a murder case, but the judge
exercised his discretion yester-
day and allowed Mr. Belli three
extra strikes. �
vs
/ /lard /f/9"
� 4 United Press International
Jde 1L� Tonahill, an assistant defense. attorney for Jack
Ruify,fis shown in the Dallas courthouse as he paid .a $25 �
coiiienpt of. court. fine yesterday. Tonahill paid with a
$1081111; He is: married to the daughter of. U.S. Rep. �
Howard W. Smith (D-Va.), chairman of the House Rules
Oommittee.,: �
ontempt Fine Livens
Drama of Ruby Triftl
By Arthur Everett .
7 4) After hearing Belli's motion.
EffoI-t:3Cadlect.the� Ias1 two for a mistrial,, Judge Brown
jurOrs,in,Jacr Ruby's' murder told- �Selferd� that he had "a
trial '411110"..,.todaye;amid, wild right to put out .anything you
disptit4s:010?,�sMd �� :Out. of the want . to. My Only. .contention
couPrOOM. ' 1,1-)detOnsel lawyer IS . that � you � should not ... do it
was fined $25 for contempt in this courthouse."
and a mistrial motion was de- M elf or d apologized zind
nied. agreed to go elsewhere but
Court was adjourned at 5:44 said he had informed the dis-
p.m. until 10 a.m. Tuesday. trict attorney's office in ad-
The mistrial motion was vance that he was coming here
made by the defense because to contact the press. This par-
of literature distributed out- tieularly angered Belli.
side the courtroom which de- The defense in.mediately
nied that psychomotor epilen- subpoenaed Melford as a wit-
sy could be a famor in Ruby's ness.
shooting Nov. 24 of Lee Har- As tempers grew thin, de-
vey Oswald, accused assassin fense law�s r Joe. H: Tonahill
of President Kennedy. was fined $25 for contempt
This defense .of temporary after he hurled his pencil to
insanity resulting from psycho- the courtroom floor in .a rage.
motor epilepsy is at the heart Belli was, seeking to � elicit
of Ruby's defense against the from a � prospective juror,
charge. George E. Staton, that he held
Ruby's chief. defense &dor- an opinion against Rubyb,oper-
ney, Melvin Bell, made the at �1:411aS strki, team
unsuccessful demand � for a ni �, �
mistrial in the chambers of
Judge .�Joe E. Brown. . � . Bowie atartddlit4 Y'so .Cth1iig
The literature was .distribut- about � Belli's -.4.4trickyi4T � d
ed in the -courthouse by...a:NA; legal 'questions." :: �
tional Epilepsylenginfofficiab ...."rhat *brought � �Tonahill, de
Bell! was enraged at a� pot-, fense assistant, roaring to his
� tion of the literature which feet and he threw, his pencil
said: ' " to the floor. " ' �
"You don't have to worry too �"I must hold you In Con-
much about a patient � in �8 tempt," Judge Brown � quietly
psychomotor seizure.i Youvwil told Tonahill. . "It will cost
read in novels and see in the you 825." .
movies all kinds of dramatize.' In the end, the defense used
tions, spiced-up stories about its 18th and 'last .peremptory
what psychomotor epileptics challenge to eicuse �Staton
do: murders, criminal ' activi- The defense had exhausted its
ties, etc. That is nonsense." original �15 peremptory chal,
Distributing what was called lenges, Plus three additional
a "fact sheet" was Maurice A. ones granted it by Judge
1VIelford, Chicago, national Brown. The judge refused to
� director of the League. � grant More.
v-)
70J
fro"5
27/3
;
RUB') COUNSEL--
DENIED VISTRIAL
. � "
Outburst Flares Over 'Fact
Sheet' by Epilepsy League
By HOMER BIGART
Special to The New York Times
DALLAS, March 2 � Attor-
neys for Jack L. Ruby moved
for a mistrial today, charging
that an official of the National
Epilepsy League was trying to
"contaminate" prospective ju-
rors. The motion was denied by
Judge Joe B. Brown.
The defense threw the hot,
stifling courtoom into tumult
with a shouting denunciation of
Maurice A. Melford, national di-
rector of the league.
Mr. Melford, who had � come
from his headquarters in Chi-
cago, was circulating to news-
men a "fact sheet" denying any
connection between epilepsy
and criminal behavior.
Ruby's defense is based on
the contention that he was suf-
fering from a seizure of psy-
chomotor epilepsy at the time
he shot Lee H. Oswald, the ac-
cused assassin of President
Kennedy, last Nov. 24. The de-
fense plans to submit medical
evidence that Ruby suffered or-
ganic brain damage..
duce the last two
Sixteen prospective jurors vA-re
emunined. ' �
'Defense Attorney Fined
". An assistant defense counsel,
Joe .H. Tonallill, was fined $25�.'-'1;
for. contempt by Judge Brown when he hurled a, blue � ball-
point pen to � the floor in an
angry exchange with the prose-
cution at the morning session.
Mr. Tonahill became angry
when Assistant District At-
torney A. D. Jim Bowie ob-
jected to defense attempts to
draw an admission of prejudi-
cial opinion from a prospective � :;).
juror. �
Last Challenge 'Used
Doctor Is Quoted
The fact sheet quoted from
a book by Dr. Frederic A. Gibbs
of the 'University of Illinois
School of Medicine, whom the
defense had hoped to use as a
witness.
Dr. Gibbs was quoted as say-
ing in "A Modern View of
Epilepsy": �
"You don't have to worry
too much about a patient in a
psychomotor seizure. You will
read in novels and see in the
movies all kinds of dramatiza-
tions, spiced-up stories about
what psychomotor epileptics do:
murders, criminal activities, etc.
That is nonsense."
Melvin M. Belli, chief defense
counsel, said that the quotation
was "10 years old" and that
"Gibbs has completely changed."
Judge Brown recessed the
court as soon as Mr, Bell moved
for a mistrial.
Subpoenas Issued(
The defense, however, obtained
subpoenas for Mr. Melford and
two employes of a local public
relations concern that had
helped him -distribute the ma-
terial.
Mr. Melford acknowledged
phoning the District Attorney's
office last Friday about his
plan to distribute the material
to newsmen at the courthouse
press room.
He said he feared that argu-
ments made during the Ruby
trial would. further prejudice
the public, Against Americans
"who suffer front epilepsy but
who are honorable,' deserving
and, in most cases, . capable citi-
zens." � � � .1 �E
� ' day. of
jngfIled
Mr. Belli had to use the last
of his peremptory challenges.
It was the 18th dismissal of
a prospective juror by the de-
fense. At the beginning of the
trial Judge Brown gave 15 per-
emptory. challenges' to both
sides, and. then awarded the
defense three :extra 'ones.
When the-last challenge was
exhausted.. Uhl morning, Mr. .
Belli again asked for more, but,
Judge Brown refused.
Jack Ruby Was examined for
an hour this 'morning by Dr. .
Manfred Guttmacher, a Balti-
more psychiatrist called by the
defense. Dr. Giittmacher said ..
afterward that Ruby seemed
"more tense, :Anxious and de- j
pressed" than when he last saw -
him in December." �
The prosecution used its ninth'
peremptory challenge to dis-
miss Mrs. Rohelia: Allen,
the sixth Negro to be called as �f',_
a jury candidate and the first "
who did not - oppose capital 7
punishment.
CRUBY.IMPORTED
�'TO LACK REMORSE.
Psychiatft foi,:the Defense
Makes Findings Availtaile
By JACK LANGGIITH
smia, to The New York Times
DALLAS, March 3�Jack L.
Ruby shows no signs of guilty (
or remorse over the killing of f
Lee H. Oswald, a Baltimore
psychiatrist .has reported. �
Dr4ManfredGuttmecher, Who
ezVantined Ruby in behalf of the,
defenssaidlthat.RubyJ�peri �
' suaded himself that he "he ha;
;
externiinated � a rat" by shoot-
big the accusedassassing?res �
identkKenizedy, � .
ight, Guttrofichers 4-1;4404,
; based on interViews With Bub
� In December, has not previous-.
� ly been made public. Two other
� defense witnesses, Dr. Roy A.
Schafer' and Dr. 'Walter Brom.
berg, testified at Ittiby'S bail
bond hearing in January: �
In his conclusion, Dr. Gutt-
macher concurs with .the other
defense experts that Ruby suf-
fers from "episodic dyscontrol." �
His 16-page report contains,
however, more, personal- and. de-
tailed anecdotes than those of
his colleagues. The report said
In part:
"When / asked him [Ruby]
what his thoughts and emotions
were in regard to Mrs.0swald
and the Oswald Children, he
looked suddenly greatly pained,
almeet 'as though had struck
him, and exclaimed, 'that's an
unfair question."
Ruby described- to the
Psychiatrist his feelings when
he pulled the; trigger:
� "at ,',[Oswald] had a very
'ingriert,expression, , he looked
laming 'and vicious�like an
4,4111*-,r. Wm a Communist. I
felt like was looldizg at a rat.
I don't vrecall if I said, 'You
l kisaildedanythimy ;LtgP.r,esident' or if ' I'
- Dr. Guttroacher went on:
!The patient professes a hazy
znetriery.of the actual event.: He�
does' not know why ,he did Ad
shoot mOre than once."
Ruby :'told the psychiatrist
thet..he had had an opportunity
to Wieser' Oswald at the jail on
Friday night, Nov. 22, two days
4zefore.he actually killed the al-
leged assassin.
. After attending a memorial
� service for Mr. Kennedy at his
synagogue that night, Rub
Said, he bad' gone a the Dallas
police statiOn. He had left his .1
pistol in the car during the
service, but he took it with
� him into the station.
� questioned Oswald. Jilxhilarst;
� Ruby watched as Policem
by the '.atznosphere in the po
statios; � Ruby said he .1
I throws off the depre
, causeghy. the zi.tsitaSination.v,
WaSatandinion a tablato g:e a I
better look at �Ewald, and his
pistol was is his pocket, � the
� psychiatrist's report, relates.
At that time, Ruby said, he
. feltnn,izatred for (Wald.
I. De.' Guttmacher said that
, "despIte ai outwardly friendly
d lngrUat1ng manner, Ruby �
� zfeethea. with hostility."
� .1:1111t0 retort conthmedv'.
"Mamie ,no evidence of pro?,�7:.:
ChetiOmMOng at this timez-t.
no aCtiasi. breaks With reality
are iliScernable." �
I
�
M. E. Causey
A. W. McCoy
M. McCollum.
� Gwen English J. G. Holton J. E. Cunningham
� These are the 12 jurors selected to try Jack Ruby in a
Dallas court. They are listed in the order of selection,
. along with age, occupation, religion, and marital status:
Max E. Causey, 35, military electronics analyst, Baptist,
married, two children; Allen W. McCoy, 39, industrial
engineer, Baptist, married, two children; Mildred Mc-
Collum, 40, secretary, Assembly of God, married, six
children; Luther E. Dickerson, 27, chemical firm vice
president, Baptist, married, two children;. Douglas J.
Sowell, 38, airline mechanic, Baptist, married, two chil-
L. E. Dickerson
Associated Frees
D. J. Sowell R. J. Flechtner
J. W. Rose Aileen Shields Louise Malone
dren; R. J. Flechtner Jr., 29, salesman, Christian Scientist;
married, two children; Gwen L. English, 45, bookkeeper,.
Baptist, married, no children; J. G. Holton Jr., postman,
Church of Christ, married, three children; James E. Cun-
ningham, 34, electronics engineer, Episcopal, married,
two children; J. Waymon Rose, 41, salesman, Presbyterian,.
married, three children; Aileen B. Shields, 57, telephone
employe, Methodist, divorcee; Louise Malone, 58, account-:
ant, Baptist, widow with married daughter. The last two
named were selected yesterday.
Ruby Jary Complete; Trial Opens Today
By Gene Blake on. Judge Wilson ruled, how- has formed no opinion as to
The Los Angeles Times ever, that their a n s w era Ruby's guilt or innocence.
:DALLAS, March 3�A jury showed the women would be "I don't know both sides of
fair jurors. the case," she said. "It's no
of eight men and four women �
Judge Wilson recessed the proof of guilt, what you read
was accepted today for the trial to 9 a.m. Wednesday and and hear."
murder trial of J a c k Ruby, said he hoped Judge Brown Mrs. Malone was the 162d
and attorneys ' were ordeled Will he back on the bench. prospective juror questioned
"We'll have our, witnesses in -..,
to get their witnesses ready his weeks. '
ready," Said District Attorney The 11th juror, Aileen B.
for Wednesday morning. Henry Wade. , Shields, was chosen. quickly
.'Testimony. on charges that The first witness is expected after Judge Wilson rejected
Ruby murdered Lee Harvey to be Det. J. R. Leavelle, who all defense arguments to post.
Oswald, acetised assassin of was handcuffed .to Oswald at pone proceedings tintil Judge
. the time of the shooting in
President Kennedy, is thus -- Brown could return.
the basement of police head- The first prospective juror
about to begin after 14 days quarters. called today, Mrs. Shields is a
� ,
dgioreeei were chosen for the of thent policemen or new -
n, a.., women, a widow and a of 48 potential witnesses, M91
"wk.�I 57-year-old divorcee and an
Me plOiee of the telephone
of bitter battling over a jury. The prosecution has a
company engineering depart-
jury today in the absence of men who witnessed the shoot- ment for .37 years.
District Judge Joe B. Brown, ing. Wade estimates it may Mrs. Shields said she is a
� . over: strenuous defense ob- take only two days to present Methodist, has ' been divorced
1 ..., tections:. � �-.. . � ' ' � ttte. prosecution ;case.- ,..� � ! � 30 yeara.;,:and � lives -with , her
kludge Brown' was home in � . Belli' said the defense, has mother: ';'.''',' :�,: -1. S'"�:,, .ti
1 bed With a . bad � cold and Dis- about 76 witneRsesk hut. many ._.a.
$ 'T i 4iii.iiil itartiii",',, .
. � ttiot*.. Judge. J. :Frank �. Wilson of - them',, nil:,, bitri- brief. Y. He ., .w.;,.., .0. �? ..... ,,,, ........,.. , ...6... , � t
. oiresided over selection of .the estimated,,Oieek ,,,lti.�1:Sileiy.ilaidilikriraigiiithei tele-:
. ,i.i. last two juitii. It was Judge for the d - ' ';--;* - . ,., . � .
.Wilions'who gayarttp.,his larger '� Ruby's.. -0,, detiiifihifterNrerdiet .. '44
'lletiglitV . 01X%would: not
F.i.13411 .,ItY, ' li� 1 :,,,_,'"OisPini.
oseit-WaSmlfld,i Mrs
urtroointo'14,-IceomMeclate based� on;
9-41ireS8,.. and Spectators for oz.I., The,7
.,7 � 4-.
CItul3r41.4.:.,-...-�-.,.i? :'.. ' � ..,.. toubje � ave..rtur.deitgite,' 911:4
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enOrg-Pl'errnted...,4t;�.: - -41...,, 441 �
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Judge Wilson took the
bench this morning after a
delay of 50 minutes. He an-
nounced that a doctor had
sent Judge Brown home to bed
with a bad cold'.
He said Judge Brown had
asked him to sit in for WM
for one or two days and that
presiding District Judge Dal-
las Blankenship had so or-
dered. Such a substitution 161
permissible under � Texas law.
-
E4 nursdaY 'March 5, 1964 THE WASHINGTON POST
� � �
Ruby Tried to Shoot Oswald
A Second Time, Trial Is Told
� By Arthur Everett
DALLAS, March 4 (AP)
Jack Ruby was pictured by a
policeman today as shooting
Lee Harvey Oswald, trying
vainly to send a second bullet
Into his body and finally cry-
ing, "I hope the son of a bitch
dies."
The testimony from Dallas
'police officer J. R. Leavelle
climaxed a courtroom day that
began when the 52-year-old
Ruby pleaded innocent by
reason of insanity to the Nov.
24 slaying of Oswald, Presi-
dent Kennedy's accused assas-
sin. The trial resumes Thurs-
day.
The defense contends that
Ruby, operator� of a Dallas
strip-tease club, was in a
mental blackout when he
killed Oswald and didn't know
what he was doing.
Earlier, prosecution wit-
nesses traced Ruby's actions
during the 20 hours before he
shot Oswald. The state tried
to show that Ruby kept close
track of police plans tii inove
Oswald from one jail to an-
other. It was during such a
transfer that Ruby killed him.
Handcuffed to Oswald
Leavelle was the man in the
tan suit and light, Texas-style
hat whom millions of Ameri-
cans saw beside Oswald as he
fell mortally wounded while
newspaper photographers and
television cameras recorded
the dramatic scene.
Leavelle's left wrist was
handcuffed to Oswald's right
wrist as he was being taken
from the basement of Dallas
Police Headquarters two days
after the presidential assas-
sination.
'rho hnclr,
of onlookers. lje mumbled
some words the officer did not
catch and put a single fatal
bullet into Oswald's abdomen.
Immediately, other police
officers overwhelmed Ruby
and bore him to' the floor.
Leavelle said one of them
clapped a hand over Ruby's
revolver, preventing it from
being fired again.
Timing of Remark
"What are the facts as to
whether he still was trying to
pull the trigger?" the State's
Attorney asked.
"The right hand was still
contracting on the gun as
though he was trying to fire
another shot," the police of-
ficer replied.
Leavelle said he heard
Ruby's remark about hoping
Oswald would die about a
minute later while the police-
man was administering to the
dying shooting victim.
On cross-examination, the
defense went at once to the
subject of the remark.
Q. That was said, wasn't it,
after someone else said,
"Jack, you son of a bitch, you
shot Oswald?"
A. I didn't hear that.
Q. He could have been say-
ing, "I hope he dies," in
response to a lot of people say-
ing Oswald had been shot?
A. That's possible.
The defense attempted to
establish that when Ruby
tried to pull the trigger a sec-
ond time, he was being over-
whelmed and the gun was no
longer pointed at Oswald but
at the floor.
Leavelle conceded the wea-
pon was not pointed at Oswald
during the struggle.
The defense has Implied
Two state witnesses placed
Ruby outside the Dallas Coun-
ty Jail when a crowd gathered
in mid-afternoon of Nov. 23 in
anticipation of Oswald's trans-
fer there from Police Head-
quarters. The transfer, how-
ever, did not take place until
the next day and at its outset
Ruby put a single fatal bullet
into Oswald's abdomen.
"Was that an ugly crowd, a
murmuring crowd, a sinister
crowd?" chief defense attorney
Melvin Belli asked one of the
witnesses, Sgt. D. V. Harkness,
on cross-examination.
"No, sir, it was an orderly
crowd," replied the police of-
ficer, who took the stand in
uniform as the trial's eighth
witness.
"Did Ruby appear any dif-
ferent than the others?" Belli
asked.
"No, Sir," Harkness said.
Told About Saddles
Assistant District Attorney
William Alexander then asked:
"Do you know whether Ruby
was armed at that time or
not?"
"No, sir."
"Did you have any reason
to believe he was?"
"No sir," Harkness repeated.
Earlier, another witness,
Wes W i s e, a newsman f o r
KRLD Radio and Television
In Dallas, told of seeing Ruby
in the vicinity of the County
Jail the afternoon after Mr.
Kennedy's assassination. Wise
said he discussed with Ruby
the fact that two small West-
ern saddles, intended as gifts
for the Kennedy children,
were left behind in Dallas aft-
er the assassination.
"I mentioned taking pic-
tures of them and I saw tears
Tonahill asked. during cross-:
examination on the incident.
"I wouldn't describe him as
breaking down," Wise said.
Tears came to his eyes and he
was touched."
The defense contends that
uby suffered a chronic men-
tal condition and that the
shock of the presidential as-
sassination sent him - into a
state of blackout during which
he killed Oswald without
knowing what he was doing.
On the bench today was
Judge Joe B. Brown, who Was
replaced yesterday because of
illness by Judge Frank Wil-
son.
As testimony moved along,
Ruby appeared more . ani-
mated than he has at any
time in court during the trial.
Slightly paunchy, his
cheeks gaunt and his face
pallid, Ruby kept his dark
eyes on the witness stand to
his right and ahead of him
some 15 feet Occasionally he
scribbled notes on the defense
table, or bent his balding head
in whispered conferences
with his lawyers.
The first four witnesses for the prosecu-
tion in Jack Ruby's trial are shown as
they waited outside the Dallas court-
room � before testimony began yesterday.
Froni left are Don Campbell, Billy A.
United Press International
Rea, Georgia Mayor and John Newman.
All are employes of a Dallas newspaper's
advertising department, where Ruby was
alleged to have been at the time of
' President Kennedy's assassination.
Probe 'told of Meeting at Ruby's Club
United Press International
Mark Lane; a New York
attorney, told the Warren
COmmission yesterday that be
had heard of a mysterious
meeting in Jack Ruby's Dallas
night club eight days before
President Kennedy was assas-
sinated last Nov. 22.
Lane, who claims to repre-
sent Mr. Kennedy's accused
assassin, Lee Harvey Oswald,
said that he was informed
that J. P. Tippit, the Dallas
patrolman slain while trying
to arrest Oswald, was one of
three persons at the meeting.
The other, two, he said, were
a New York- man Bernard
President was shot there, and
a third person, whose name he
would only furnish in closed
session. He did not say wheth-
er Ruby took part in the meet-
ing.
Lane's testimony came at
the first public hearings held
by the Warren Commission
since it began to investigate
the circumstances surround-
ing Mr. Kennedy's death, and
Oswald's subsequent slaying
by Ruby.
Lane said he was told by a
source he cannot name about r
the meeting that allegedly
took place last Nov. 14 in
Ruby's Carousel Club. He
said he does not know what
was discussed at the meeting.
I� � �
Police Headquarters two days
after � the presidential assas-
sination.
The husky, dark-hOred po-
liceman testified Ruby took
two quick steps from a crowd
pon was not pointed at Oswald
during the struggle.
The defense has implied
that Ruby was in some sort of
muscular spasm when he
pulled the trigger.
er the assassination.
"I mentioned taking pic-
tures of them and I saw tears
in his eyes," Wise added.
"Did Jack break down and
cry?" defense attorney Joe
P5k-
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