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Warren Commission Hearings: Vol. IV - Page 216« Previous | Next »

(Testimony of J. W. Fritz)

Mr. Fritz.
Do you show arraignment for 7:30?
Mr. Ball.
No; 6:30, 7 you discussed, you met with Alexander, the district attorney's office, didn't you?
Mr. Fritz.
I probably did. I probably talked to him about the evidence.
Mr. Ball.
He was arraigned at 7:10.
Mr. Fritz.
He was in our outer office most all the time and I talked to him two, three different times.
Mr. Ball.
Did he ever take part in the questioning of Oswald?
Mr. Fritz.
I don't believe so; no, sir.
Mr. Ball.
What happened at 7:10?
Mr. Fritz.
7:10 we had this arraignment with Judge David Johnston, and present, I was present, and Officers Sims, Boyd, Hall, and Mr. Alexander from the district attorney's office, and that was in my office.
Mr. Ball.
How was the arraignment conducted?
Mr. Fritz.
Well, the judge gave him a warning, talked to him for a little bit.
Mr. Ball.
What warning did he give him?
Mr. Fritz.
He advised him of his rights. I believe he had a form; I couldn't repeat it, of course, but I believe he had some forms that he went over with him.
Mr. Ball.
What rights did he advise him of; do you know?
Mr. Fritz.
Of his rights for an attorney, and everything that he told was supposed to be voluntary and things of that kind.
Mr. Ball.
He was advised that he had a right to an attorney, was he?
Mr. Fritz.
Yes, sir; I am sure he was; I advised him on that on two or three different occasions.
Mr. Ball.
Did---you have a rule in Texas, do you, that whatever a witness, a person in custody, says cannot be used against him unless he is warned?
Mr. Fritz.
We do have; yes, sir. We have to warn them before we can use the testimony. We have to warn them in the beginning before he is questioned.
Mr. Ball.
Before he is questioned you must warn him?
Mr. Fritz.
Yes.
Mr. Ball.
Before you questioned Oswald the first time, did you warn him?
Mr. Fritz.
Yes, sir.
Mr. Ball.
What did you tell him? What were the words you used?
Mr. Fritz.
I told him that any evidence that he gave me would be used against him, and the offense for which the statement was made, that it would have to be voluntary, made of his own accord.
Mr. Ball.
Did he reply to that?
Mr. Fritz.
He told me that he didn't want a lawyer and he told me once or twice that he didn't want to answer any questions at all. And once or twice he did quit answering any questions and he told me he did want to talk to his attorney, and I told him each time he didn't have to if he didn't want to. So, later he sometimes would start talking to me again.
Mr. Ball.
Do you remember when you warned him again?
Mr. Fritz.
Yes, sir; I warned him two or three different times; yes, sir.
Mr. Ball.
Do you remember when those times were?
Mr. Fritz.
No, sir; but during the afternoon.
Mr. Ball.
They were you were more or less continuously questioning through the afternoon, were you?
Mr. Fritz.
Yes, sir.
Mr. Ball.
Now, at 7:10, he was arraigned in your office?
Mr. Fritz.
Yes, sir.
Mr. Ball.
By arraign you mean he was informed of the charge against him?
Mr. Fritz.
That is right.
Mr. Ball.
He wasn't asked to plea.
Mr. Fritz.
Before a judge, before a justice of the peace, a magistrate.
Mr. Ball.
It is not your practice to ask for a plea at that stage, is it?
Mr. Fritz.
No, sir; we don't.
Mr. Ball.
All you do is advise him of his rights and the charge against him?
Mr. Fritz.
That is right, I am not a lawyer, you might feel--I don't want to leave a bad impression, I am just telling you what we do.
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