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Warren Commission Hearings: Vol. XII - Page 288« Previous | Next »

(Testimony of Billy Joe Maxey)

Mr. Hubert.
the first page, and I am putting my initials on the lower right-hand corner of the second page and I'll ask you to be reading that while I mark the second document, which is a report of an FBI interview of December 6, 1963, taken of you by FBI Agents Quigley and Dallman and I am marking that document, "Dallas, Texas, March 25, 1964, Exhibit No. 5095. Deposition of B. J. Maxey." I am signing my name, Leon D. Hubert underneath, and .marking the second page of that document by my initial in the lower right-hand corner. The third document, I am marking in the margin, right-hand margin, "Dallas, Texas, March 25, 1964. Exhibit 5096. Deposition of B. J. Maxey," and signing my name Leon D. Hubert, Jr. I am marking the second page of that document with my initials in the lower right-hand corner, and the third page with my initials in the lower right-hand corner. I will ask you to read these two documents likewise, and I wish to ask you some questions about them.
Sergeant MAXEY. As far as the report here written to the chief, I would say that it is accurate at the time that I wrote it, and I am willing to sign it as is, and I--what page was it you wanted me to sign here?
Mr. Hubert.
Just under my name.
Sergeant MAXEY. All right.
Mr. Hubert.
Initial the second page.
Sergeant MAXEY. All right.
Mr. Hubert.
All right, now, you can turn to the next exhibit, which is----
Sergeant MAXEY. The FBI report. There are two of them there. I believe both of them are the same, aren't they? Wait a minute. One of them might possibly be a supplement.
Mr. Hubert.
No; they are different. One is on the 2d of December and the other is on the 6th, so, you'd better separate them. Do you have any comments to make on them ?
Sergeant MAXEY. One of the things that I was going to bring up here, changes has been made in this one already, this second one.
Mr. Hubert.
Well, let's see, we are talking about Exhibit 5095.
Sergeant MAXEY. Yes, sir.
Mr. Hubert.
What comment do you wish to make?
Sergeant MAXEY. In the first report it was stated in there that the FBI report of December 3, I believe--
Mr. Hubert.
2d.
Sergeant MAXEY. 2d?
Mr. Hubert.
Yes.
Sergeant MAXEY. And the report of December 2, Exhibit 5096, it was stated that I saw ex-police officer Daniels and shoeshine boy at the end of the Main Street ramp. That was incorrect. I did not. That was hearsay. I heard that from other officers. I did not see them myself.
Mr. Hubert.
And, as a result of that error you then called the FBI and told them you wished to correct that, is that correct?
Sergeant MAXEY. No, sir; they came back out there.
Mr. Hubert.
They came back out and said what?
Sergeant MAXEY. And asked me some more questions regarding the shine boy. They ask me then did I recall the time and I know at the time I talked to them the first time I told them several things that I didn't see myself.
Mr. Hubert.
Yes.
Sergeant MAXEY. I told them things that I had heard and what have you, and I tried to differentiate between what I could actually testify and what I couldn't at this time he was talking to me.
Mr. Hubert.
Your present recollection is what then? Which is correct?
Sergeant MAXEY. My present recollection is that I didn't see Daniels. I didn't see the shine boy.
Mr. Hubert.
And that the information that you did give about seeing Daniels and the shine boy in the earlier deposition--I mean the earlier statement to the FBI, which is contained in Exhibit 5096 was erroneous in that you had not really seen them, but you had heard people talk about them ?
Sergeant MAXEY. That's right.
Mr. Hubert.
Now, in all three statements, however, 5094 and 5095, and 5096,
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