Norton, the club's manager, joined Ruby a few minutes later he expressed to Ruby his concern as to whether or not it was proper to operate the Pago Club that evening. Ruby indicated that the Carousel was closed but did not criticize Norton for remaining open.1061 Norton raised the topic of President Kennedy's death and said, "[W]e couldn't do enough to the person that [did] this sort of thing." Norton added, however, that "Nobody has the right to take the life of another one." 1062 Ruby expressed no strong opinion, and closed the conversation by saying he was going home because he was tired.1063 Later, Ruby told the Commission: "he knew something was wrong with me in the certain mood I was in."

Ruby testified that he went home after speaking with Norton and went to bed about 1:30 a.m.1065 By that time, George Senator claimed, he had retired for the night. and did not. remember Ruby's return.1066 Eva Grant testified that her brother telephoned her at about 12:45 a.m. to learn how she was feeling.1067

Sunday morning.--Ruby's activities on Sunday morning are the subject of conflicting testimony. George Senator believed that Ruby did not rise until 9 or 9:30 a.m.; 1068 both Ruby and Senator maintained that Ruby did not leave their apartment until shortly before 11:00 a.m., and two other witnesses have provided testimony which supports that account. of Ruby's whereabouts. 1069 On the other hand, three WBAP-TV television technicians--Warren Richey, John Smith, and Ira Walker--believed they saw Ruby near the Police and Courts Building at various times between 8 a.m. and 11 a.m.1070 But there are substantial reasons to doubt the accuracy of their identifications. None had ever seen Ruby on a prior occasion. None looked for an extended period at the man believed to be Ruby,1070 and all were occupied with their duties and had no reason to remember the man's appearance until they saw Ruby's picture on television.1072

Smith, for one, was not entirely positive about his identification of Ruby as the man he saw; 1073 and Richey was looking down from atop a TV mobile unit when he observed on the sidewalk the man be believed was Ruby.1074 In addition, Richey and Smith provided descriptions of Ruby which differ substantially from information about Ruby gathered from other sources. Smith described the man he saw as being an "unkempt person that possibly could have slept with his clothes on * * * "1075 Ruby was characteristically clean and well groomed. 1076 In fact, Senator testified that Ruby shaved and dressed before leaving their apartment that morning, and at the time Ruby shot Oswald he was dressed in a hat and business suit. 1077 Richey described Ruby as wearing a. grayish overcoat,1078 while investigation indicated that Ruby did not own an overcoat and was not wearing one at the time of the shooting. 1079 (See Pappas Deposition Exhibit No. 1, p. 356.) Al though Walker's identification of Ruby is the most positive, his certainty must, be contrasted with the indefinite identification made by Smith, who had seen the man on one additional occasion. 1080 Both Smith and Walker saw a man resembling Ruby when the man, on two occasions, looked through the window of their mobile news unit and