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Warren Commission Hearings: Vol. V - Page 421« Previous | Next »

(Testimony of Robert Alan Surrey)

The Chairman.
a publication entitled, "Wanted for Treason" that appeared on the streets November 22, 1963, in Dallas. And then we propose to ask you also some questions about the home of General Walker, in connection with an attempt that was made on his life some time before the 22d of November. You are prepared to testify, are you?
Mr. Surrey.
I talked to Mr. Jenner. I am prepared to testify as concerns the Walker episode. I do not wish to testify as concerns the wanted poster, or the "Wanted for Treason."
The Chairman.
For what reason--what reason do you assign for not wanting to? It is not a question of whether a witness wants to testify here. He is subpenaed to testify, and he must testify unless he has a privilege.
Mr. Surrey.
I believe that my answers would tend to incriminate me under the fifth amendment.
The Chairman.
Very well. You are entitled to raise that question. And, if you do, that privilege will be respected. But we will ask you a question concerning it, and if you claim your privilege it will be respected. And then if you want to testify--are willing to testify about the other matters, you may do so.
Would you rise and raise your right hand and be sworn? You solemnly swear that the testimony you are about to give before this Commission will be the truth, the whole truth, and nothing but the truth, so help you God?
Mr. Surrey.
I do.
Representative Boggs.
Mr. Chairman, I would suppose that we would not be limited to one question. If he wants to plead the fifth amendment, of course that is his privilege. But I would hope that we could ask him several questions, and if he wants to plead he can plead on each question.
The Chairman.
Well, on any phase of it that you wish to ask him a question, of course it is all right.
Mr. Jenner will conduct the examination.
Mr. Surrey.
Is it my understanding that if I do invoke the fifth amendment to begin with, then I do not have the privilege of later on invoking it, is that correct?
The Chairman.
Well, I believe it is a fact that on any phase of your testimony, if you testify in part about that phase, you can be required to testify fully concerning it. But if there is one phase of your testimony that you want to claim the privilege on, and are willing to testify as to other matters not connected with it, you can do so without waiving your privilege. Does that answer your question?
Mr. Surrey.
Yes, sir.
The Chairman.
Very well. Mr. Jenner?
Mr. Jenner.
Thank you, Mr. Chief Justice.
Mr. Chief Justice, I offer in evidence as Commission Exhibit No. 995 the original of the subpena served upon Mr. Surrey.
The Chairman.
Yes. A subpena was served on you, was it, Mr. Surrey?
Mr. Surrey.
Yes; it was.
The Chairman.
Very well, it may be admitted.
(The document referred to was marked Commission Exhibit No. 995 for identification, and received in evidence.)
Mr. Jenner.
You are appearing in response to the subpena?
Mr. Surrey.
Yes; I am.
Mr. Jenner.
Were you furnished with copies of the Senate joint resolution, or legislation which created--authorized the creation of the Commission?
Mr. Surrey.
At a previous time; yes.
Mr. Jenner.
And President Johnson's Executive order, and the rules and regulations of the Commission as to taking of testimony?
Mr. Surrey.
Yes; I was. It was hard to read them.
Mr. Jenner.
Yes; they are a little bit difficult to read.
In order that you may exercise the rights that you have indicated to the Chief Justice, I will question you first about the pamphlet, after asking you the preliminary questions as to your name.
Mr. Surrey.
Robert Alan Surrey.
Mr. Jenner.
And what is your address?
Mr. Surrey.
3506 Lindenwood, Dallas, Tex.
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