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Warren Commission Hearings: Vol. V - Page 231« Previous | Next »

(Testimony of Henry Wade)

Mr. Wade.
and means is the only thing that varies in a murder indictment, all other wordage is the same. Does that clear that up?
(Discussion off the record.)
Senator COOPER. As I understand it, under Texas law there is no crime which is denominated under the term "international conspiracy."
Mr. Wade.
No, sir.
Senator COOPER. I assume that conspiracy is a crime in Texas, isn't it, conspiracy to commit a crime?
Mr. Wade.
Conspiracy is a crime. It is a joining together of a group, your conspiracy where they enter into an agreement to commit a crime,. and that is usually the one is indicted as a conspirator, the one who doesn't participate in the crime.
Senator COOPER. My point is, though, that conspiracy is a crime under Texas law?
Mr. Wade.
Yes, sir; conspiracy to commit murder is a crime.
Senator COOPER. Yes. Let me ask this question.
Mr. Wade.
Yes, sir.
Senator COOPER. As I understand it then, one of the reasons that no warrant of indictment was rendered upon, touching upon an international conspiracy is that there is just no such crime in Texas as an international conspiracy?
Mr. Wade.
There was no such crime. If it was any such crime it would be a Federal rather than a State offense. If there is such crime as being a part of an international conspiracy it would deal with treason rather than murder, I would think.
But there is no such thing as being a part of any organization that makes that it is a crime to commit murder. This was a straight murder charge. If we would have had four or five co-conspirators who conspired with him, planned the thing and could prove it we would have. That would have been a conspiracy to, conspiracy to commit murder.
Senator COOPER. But conspiracy is not essential to the crime, to describe the person accused as belonging to any organization?
Mr. Wade.
No, sir; it is not necessary and it is entirely what they call surplusage.
Senator COOPER. Now the last question, was there any evidence brought to you or any evidence of which you had knowledge upon which you could base an indictment or a warrant for conspiracy to Commit murder in this case?
Mr. Wade.
No, sir; you mean parties other than Oswald?
Senator COOPER. Yes.
Mr. Wade.
No. I might say on that score, to clear that up, I haven't seen any evidence along that line. I haven't even seen any of the correspondence that they had, allegedly had with the Communist Party here in New York or the Fair Play for Cuba, I haven't seen his little black book where he is supposed to have had the Russian Embassy's telephone numbers in it which I am sure you all have gone into it.
I never did see the book, none of that.
Of course, I have been told by a lot of people and undoubtedly a lot of it was exaggerated that he was a Communist, and you have had people say he was a Communist who might say I was a Communist, you know, if they didn't agree with me on something, so I have absolutely no evidence that he was a Communist of my own knowledge, I have heard a lot, of course.
Mr. Dulles.
What you are saying in this last answer relates to the present time, not only the way your knowledge has----
Mr. Wade.
At that time and up to the present.
Mr. Dulles.
Rather than the day of assassination.
Mr. Wade.
I have no evidence myself now that he was a Communist, or ever was a Communist, and I never did see what evidence that they had on him there gathered on him. I never saw any of the physical evidence in the Oswald case other than one or two statements, and I think I saw the gun while they were taking it out of there bringing it to Washington, because I told them at that stage, they didn't want to take it out, didn't want to let the FBI have it and I
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