THE ASSASSIN

Speculations tending to support the theory that Oswald could not have assassinated President Kennedy are based on a wide variety of assertions. Among these are statements that Oswald could not have been acquainted with the motorcade route before he came to work on November 22, that he may well have carried curtain rods rather than a rifle in a brown paper package he brought with him, that there may have been other people in the building who could have fired the rifle, that Oswald could not have fired the shots in the time available to him, that he was not a good enough marksman to have scored the hits with the rifle, that there were other people in the lunchroom of the Depository Building when he was confronted by Patrolman M. L. Baker, and that there are no eyewitnesses who could identify Oswald as having been in the window. Each of these speculations is dealt with below in the light of the testimony and evidence considered by the Commission.

Speculation.—Oswald could not have known the motorcade route before he arrived at work on November 22.

Commission finding.—The motorcade route was published in both Dallas papers on November 19 and was therefore available at least 72 hours before Oswald reported for work on November 22.[A12-16]

Speculation.—The route as shown in the newspaper took the motorcade through the Triple Underpass via Main Street, a block away from the Depository. Therefore, Oswald could not have known that the motorcade would pass directly by the Texas School Book Depository Building.

Commission finding.—The motorcade route as published showed the motorcade turning right off Main Street onto Houston for one block and then left on Elm to the access road to the Stemmons Freeway. This route was clearly indicated in published descriptions and maps of the motorcade route. There was no mention of continuing on Main Street through the Triple Underpass.[A12-17]

Speculation.—The motorcade route was changed on November 22 after the map had been printed. The motorcade was shifted from Main Street over to Elm Street to bring it by the Texas School Book Depository Building.

Commission finding.—The motorcade route was decided upon on November 18 and published in the Dallas newspapers on November 19. It was not changed in any way thereafter. The route called for the motorcade to turn off Main Street at Houston, go up to Elm, and then turn left on Elm Street.[A12-18]

Speculation.—The normal and logical route would have been straight down Main Street through the Triple Underpass to the Stemmons Freeway. It is possible to drive from Main onto the access road to the Stemmons Freeway from a point beyond the underpass.

Commission finding.—The normal, direct, and only permissible route to the Stemmons Freeway from Main Street is via Houston and Elm Streets. Any attempt to turn onto the access road to the Stemmons Freeway from Main Street beyond the Triple Underpass would have been extremely difficult because of a concrete strip dividing Elm and Main Streets. Such an attempt would have required making an S-turn beyond the strip at a very tight angle, thereby slowing the Presidential car almost to a stop.[A12-19]

Speculation.—Oswald may well have carried curtain rods to work on November 22 in the brown paper package he was observed to bring into the building because he lived in a room where he needed them.

Commission finding.—According to Oswald’s landlady at 1026 North Beckley Avenue, Mrs. A. C. Johnson, the room had venetian blinds, curtain rods, and curtains while Oswald was living there. The curtain rods in the Paine garage that belonged to Mrs. Paine were still there after Oswald went to work on November 22. Mrs. Paine and Marina Oswald testified that Oswald had not spoken to them about curtain rods. After the assassination the empty package was found near the window from which the shots were fired, but no curtain rods were found.[A12-20]

Speculation.—Oswald spent the morning of November 22 in the company of other workers in the building and remained with them until they went downstairs to watch the President go by, no later probably than 12:15.

Commission finding.—Oswald did not spend the morning in the company of other workers in the building, and before the assassination he was last seen in the building on the sixth floor at about 11:55 a.m. by Charles Givens, another employee.[A12-21]

Speculation.—It is probable that the chicken lunch, remains of which were found on the sixth floor, was eaten by an accomplice of Oswald who had hidden on the sixth floor overnight.

Commission finding.—The chicken lunch had been eaten shortly after noon on November 22 by Bonnie Ray Williams, an employee of the Texas School Book Depository, who after eating his lunch went to the fifth floor where he was when the shots were fired. Oswald did not eat the chicken lunch, nor did he drink from the soft drink bottle found near the chicken lunch.[A12-22]

Speculation.—Laboratory tests showed remains of the chicken lunch found on the sixth floor were 2 days old.

Commission finding.—The chicken lunch remains had been left there shortly after noon on November 22 by Bonnie Ray Williams.[A12-23]

Speculation.—An amateur 8-millimeter photograph taken at 12:20 p.m., 10 minutes before the assassination of President Kennedy, showed two silhouettes at the sixth-floor window of the Depository.

Commission finding.—A film taken by an amateur photographer, Robert J. E. Hughes, just before the assassination, shows a shadow in the southeast corner window of the sixth floor. This has been determined after examination by the FBI and the U.S. Navy Photographic Interpretation Center to be the shadow from the cartons near the window.[A12-24]

Speculation.—A picture published widely in newspapers and magazines after the assassination showed Lee Harvey Oswald standing on the front steps of the Texas School Book Depository Building shortly before the President’s motorcade passed by.

Commission finding.—The man on the front steps of the building, thought or alleged by some to be Lee Harvey Oswald, is actually Billy Lovelady, an employee of the Texas School Book Depository, who somewhat resembles Oswald. Lovelady has identified himself in the picture, and other employees of the Depository standing with him, as shown in the picture, have verified that he was the man in the picture and that Oswald was not there.[A12-25]

Speculation.—The post office box in Dallas to which Oswald had the rifle mailed was kept under both his name and that of A. Hidell.

Commission finding.—It is not known whether Oswald’s application listed the name A. Hidell as one entitled to receive mail at the box. In accordance with U.S. Post Office regulations, the portion of the application listing the names of persons other than the applicant entitled to receive mail was discarded after the box was closed on May 14, 1963. During the summer of 1963, Oswald rented a post office box in New Orleans, listing the name “Hidell” in addition to his own name and that of his wife. Hidell was a favorite alias used by Oswald on a number of occasions. Diligent search has failed to reveal any person in Dallas or New Orleans by that name. It was merely a creation for his own purposes.[A12-26]

Speculation.—The President’s car was going at a speed estimated at from 12 to 20 miles per hour, thus presenting a target comparable to the most difficult that a soldier would encounter under battlefield conditions.

Commission finding.—During the period between the time that the first and second shots struck the President, the Presidential car was traveling at an average speed of approximately 11.2 miles per hour. Expert witnesses testified that the target is regarded as a favorable one because the car was going away from the marksman in a straight line.[A12-27]

Speculation.—Oswald could not have fired three shots from the Mannlicher-Carcano rifle in 5½ seconds.

Commission finding.—According to expert witnesses, exacting tests conducted for the Commission demonstrated that it was possible to fire three shots from the rifle within 5½ seconds. It should be noted that the first loaded shell was already in the chamber ready for firing; Oswald had only to pull the trigger to fire the first shot and to work the bolt twice in order to fire the second and third shots. They testified that if the second shot missed, Oswald had between 4.8 and 5.6 seconds to fire the three shots. If either the first or third shot missed, Oswald had in excess of 7 seconds to fire the three shots.[A12-28]

Speculation.—Oswald did not have the marksmanship ability demonstrated by the rifleman who fired the shots.

Commission finding.—Oswald qualified as a sharpshooter and a marksman with the M-1 rifle in the Marine Corps. Marina Oswald testified that in New Orleans her husband practiced operating the bolt of the rifle. Moreover, experts stated that the scope was a substantial aid for rapid, accurate firing. The Commission concluded that Oswald had the capability with a rifle to commit assassination.[A12-29]

Speculation.—The name of the rifle used in the assassination appeared on the rifle. Therefore, the searchers who found the rifle on the sixth floor of the Texas School Book Depository should have been able to identify it correctly by name.

Commission finding.—An examination of the rifle does not reveal any manufacturer’s name. An inscription on the rifle shows that it was made in Italy. The rifle was identified by Captain Fritz and Lieutenant Day, who were the first to actually handle it.[A12-30]

Speculation.—The rifle found on the sixth floor of the Texas School Book Depository was identified as a 7.65 Mauser by the man who found it, Deputy Constable Seymour Weitzman.

Commission finding.—Weitzman, the original source of the speculation that the rifle was a Mauser, and Deputy Sheriff Eugene Boone found the weapon. Weitzman did not handle the rifle and did not examine it at close range. He had little more than a glimpse of it and thought it was a Mauser, a German bolt-type rifle similar in appearance to the Mannlicher-Carcano. Police laboratory technicians subsequently arrived and correctly identified the weapon as a 6.5 Italian rifle.[A12-31]

Speculation.—There is evidence that a second rifle was discovered on the roof of the Texas School Book Depository or on the overpass.

Commission finding.—No second rifle was found in either of these places or in any other place. The shots that struck President Kennedy and Governor Connally came from the rifle found on the sixth floor of the Texas School Book Depository.[A12-32]

Speculation.—It is possible that there was a second Mannlicher-Carcano rifle involved in the assassination. The Irving Sports Shop mounted a scope on a rifle 3 weeks before the assassination.

Commission finding.—Dial D. Ryder, an employee of the Irving Sports Shop, has stated that he found on his workbench on November 23 an undated work tag with the name “Oswald” on it, indicating that sometime during the first 2 weeks of November three holes had been bored in a rifle and a telescopic sight mounted on it and bore-sighted. However, Ryder and his employer, Charles W. Greener, had no recollection of Oswald, of his Mannlicher-Carcano rifle, of the transaction allegedly represented by the repair tag, or of any person for whom such a repair was supposedly made. The rifle found on the sixth floor of the Texas School Book Depository had two holes in it bored for the installation of a scope prior to shipment to Oswald in March 1963. The Commission concluded that it is doubtful whether the tag produced by Ryder was authentic. All of the evidence developed proves that Oswald owned only the one rifle—the Mannlicher-Carcano—and that he did not bring it or a second rifle to the Irving Sports Shop.[A12-33]

Speculation.—Ammunition for the rifle found on the sixth floor of the Texas School Book Depository had not been manufactured since the end of World War II. The ammunition used by Oswald must, therefore, have been at least 20 years old, making it extremely unreliable.

Commission finding.—The ammunition used in the rifle was American ammunition recently made by the Western Cartridge Co., which manufactures such ammunition currently. In tests with the same kind of ammunition, experts fired Oswald’s Mannlicher-Carcano rifle more than 100 times without any misfires.[A12-34]

Speculation.—The assertion that Oswald’s palmprint appeared on the rifle is false. The FBI told newsmen in an off-the-record briefing session that there was no palmprint on the rifle.

Commission finding.—The FBI confirmed that the palmprint lifted by the Dallas police from the rifle found on the sixth floor of the Texas School Book Depository Building was Oswald’s palmprint. The FBI informed the Commission that no FBI agent made statements of any type to the press concerning the existence or nonexistence of this print.[A12-35]

Speculation.—If Oswald had been gloveless, he would have left fingerprints on the rifle because he would not have had time to wipe the prints off the rifle after he had fired it.

Commission finding.—An FBI fingerprint expert testified that the poor quality of the metal and wooden parts would cause them to absorb moisture from the skin, thereby making a clear print unlikely. There is no evidence that Oswald wore gloves or that he wiped prints off the rifle. Latent fingerprints were found on the rifle but they were too incomplete to be identified.[A12-36]

Speculation.—Gordon Shanklin, the special agent in charge of the Dallas office of the FBI, stated that the paraffin test of Oswald’s face and hands was positive and proved that he had fired a rifle.

Commission finding.—The paraffin tests were conducted by members of the Dallas Police Department and the technical examinations by members of the Dallas City-County Criminal Investigation Laboratory. The FBI has notified the Commission that neither Shanklin nor any other representative of the FBI ever made such a statement. The Commission has found no evidence that Special Agent Shanklin ever made this statement publicly.[A12-37]

Speculation.—Marina Oswald stated that she did not know that her husband owned a rifle nor did she know that he owned a pistol.

Commission finding.—There is no evidence that Marina Oswald ever told this to any authorities. On the afternoon of November 22, she told the police that her husband owned a rifle and that he kept it in the garage of the Paine house in Irving. Later, at Dallas police headquarters, she said that she could not identify as her husband’s the rifle shown her by policemen. When Marina Oswald appeared before the Commission she was shown the Mannlicher-Carcano 6.5 rifle found on the sixth floor of the Depository and identified it as the “fateful rifle of Lee Oswald.”[A12-38]

Speculation.—The picture of Oswald taken by his wife in March or April 1963 and showing him with a rifle and a pistol was “doctored” when it appeared in magazines and newspapers in February 1964. The rifle held by Oswald in these pictures is not the same rifle that was found on the sixth floor of the Texas School Book Depository Building.

Commission finding.—Life magazine, Newsweek, and the New York Times notified the Commission that they had retouched this picture. In doing so, they inadvertently altered details of the configuration of the rifle. The original prints of this picture have been examined by the Commission and by photographic experts who have identified the rifle as a Mannlicher-Carcano 6.5, the same kind as the one found on the sixth floor of the Texas School Book Depository. FBI experts testified that the picture was taken with Oswald’s camera.[A12-39]

Speculation.—The rifle picture of Oswald was a composite one with Oswald’s face pasted on somebody else’s body.

Commission finding.—Marina Oswald has testified that she took this picture with a camera owned by her husband and subsequently identified as Oswald’s Imperial Reflex camera. She identified the man in the picture as her husband. Experts also state the picture was not a composite.[A12-40]

Speculation.—After firing the shots, Oswald could not have disposed of the rifle and descended the stairs to the lunchroom in time to get a drink from a soft drink machine and be there when Patrolman Baker came in.

Commission finding.—A series of time tests made by investigators and by Roy S. Truly and Patrolman M. L. Baker at the request of the Commission, show that it was possible for Oswald to have placed the rifle behind a box and descended to the lunchroom on the second floor before Patrolman Baker and Truly got up there. Oswald did not have a soft drink bottle in his hand at the time he was confronted by Baker and he was not standing by the soft drink machine. He was just entering the lunchroom; Baker caught a glimpse of him through the glass panel in the door leading to the lunchroom vestibule.[A12-41]

Speculation.—There were other people present in the lunchroom at the time that Baker and Truly saw Oswald there.

Commission finding.—Baker and Truly have both stated that there was no one in the lunchroom other than Oswald at the time that they entered. No other witness to this incident has been found.[A12-42]

Speculation.—Police were sealing off all exits from the building by the time Oswald got to the second floor.

Commission finding.—Police may have begun to take up positions at the exits to the building as early as 12:33, but it is unlikely that they had blocked them off completely until 12:37 p.m. at the earliest. Oswald was seen in an office, walking toward an exit leading to the front stairway, at about 12:33 p.m. Oswald probably had at least 7 minutes in which to get out of the building without being stopped.[A12-43]