On the evening of November 22, Barbara Jeanette and Virginia Davis viewed a group of four men in a lineup and each one picked Oswald as the man who crossed their lawn while emptying his pistol.[C4-534] Barbara Jeanette Davis testified that no one had shown her a picture of Oswald before the identification and that she had not seen him on television. She was not sure whether she had seen his picture in a newspaper on the afternoon or evening of November 22 prior to the lineup.[C4-535] Her reaction when she saw Oswald in the lineup was that “I was pretty sure it was the same man I saw. When they made him turn sideways, I was positive that was the one I seen.”[C4-536] Similarly, Virginia Davis had not been shown pictures of anyone prior to the lineup and had not seen either television or the newspapers during the afternoon.[C4-537] She identified Oswald, who was the No. 2 man in the lineup,[C4-538] as the man she saw running with the gun: she testified, “I would say that was him for sure.”[C4-539] Barbara Jeanette Davis and Virginia Davis were sitting alongside each other when they made their positive identifications of Oswald.[C4-540] Each woman whispered Oswald’s number to the detective. Each testified that she was the first to make the identification.[C4-541]
William Arthur Smith was about a block east of 10th and Patton when he heard shots. He looked west on 10th and saw a man running to the west and a policeman falling to the ground. Smith failed to make himself known to the police on November 22. Several days later he reported what he had seen and was questioned by FBI agents.[C4-542] Smith subsequently told a Commission staff member that he saw Oswald on television the night of the murder and thought that Oswald was the man he had seen running away from the shooting.[C4-543] On television Oswald’s hair looked blond, whereas Smith remembered that the man who ran away had hair that was brown or brownish black. Later, the FBI showed Smith a picture of Oswald. In the picture the hair was brown.[C4-544] According to his testimony, Smith told the FBI, “It looked more like him than it did on television.” He stated further that from “What I saw of him” the man looked like the man in the picture.[C4-545]
Two other important eyewitnesses to Oswald’s flight were Ted Callaway, manager of a used-car lot on the northeast corner of Patton Avenue and Jefferson Boulevard, and Sam Guinyard, a porter at the lot. They heard the sound of shots to the north of their lot.[C4-546] Callaway heard five shots, and Guinyard three. Both ran to the sidewalk on the east side of Patton at a point about a half a block south of 10th. They saw a man coming south on Patton with a revolver held high in his right hand. According to Callaway, the man crossed to the west side of Patton.[C4-547] From across the street Callaway yelled, “Hey, man, what the hell is going on?” He slowed down, halted, said something, and then kept on going to the corner, turned right, and continued west on Jefferson.[C4-548] Guinyard claimed that the man ran down the east side of Patton and passed within 10 feet of him before crossing to the other side.[C4-549] Guinyard and Callaway ran to 10th and Patton and found Tippit lying in the street beside his car.[C4-550] Apparently he had reached for his gun; it lay beneath him outside of the holster. Callaway picked up the gun.[C4-551] He and Scoggins attempted to chase down the gunman in Scoggin’s taxicab,[C4-552] but he had disappeared. Early in the evening of November 22, Guinyard and Callaway viewed the same lineup of four men from which Mrs. Markham had earlier made her identification of Lee Harvey Oswald. Both men picked Oswald as the man who had run south on Patton with a gun in his hand.[C4-553] Callaway told the Commission: “So they brought four men in. I stepped to the back of the room, so I could kind of see him from the same distance which I had seen him before. And when he came out I knew him.”[C4-554] Guinyard said, “I told them that was him right there. I pointed him out right there.”[C4-555] Both Callaway and Guinyard testified that they had not been shown any pictures by the police before the lineup.[C4-556]
The Dallas Police Department furnished the Commission with pictures of the men who appeared in the lineups with Oswald,[C4-557] and the Commission has inquired into general lineup procedures used by the Dallas police as well as the specific procedures in the lineups involving Oswald.[C4-558] The Commission is satisfied that the lineups were conducted fairly.
Commission Exhibit No. 143
REVOLVER USED IN TIPPIT KILLING
As Oswald ran south on Patton Avenue toward Jefferson Boulevard he was moving in the direction of a used-car lot located on the southeast corner of this intersection.[C4-559] Four men—Warren Reynolds,[C4-560] Harold Russell,[C4-561] Pat Patterson,[C4-562] and L. J. Lewis[C4-563]—were on the lot at the time, and they saw a white male with a revolver in his hands running south on Patton. When the man reached Jefferson, he turned right and headed west. Reynolds and Patterson decided to follow him. When he reached a gasoline service station one block away he turned north and walked toward a parking area in the rear of the station. Neither Reynolds nor Patterson saw the man after he turned off Jefferson at the service station.[C4-564] These four witnesses were interviewed by FBI agents 2 months after the shooting. Russell and Patterson were shown a picture of Oswald and they stated that Oswald was the man they saw on November 22, 1963. Russell confirmed this statement in a sworn affidavit for the Commission.[C4-565] Patterson, when asked later to confirm his identification by affidavit said he did not recall having been shown the photograph. He was then shown two photographs of Oswald and he advised that Oswald was “unquestionably” the man he saw.[C4-566] Reynolds did not make a positive identification when interviewed by the FBI, but he subsequently testified before a Commission staff member and, when shown two photographs of Oswald, stated that they were photographs of the man he saw.[C4-567] L. J. Lewis said in an interview that because of the distance from which he observed the gunman he would hesitate to state whether the man was identical with Oswald.[C4-568]
Murder Weapon
When Oswald was arrested, he had in his possession a Smith & Wesson .38 Special caliber revolver, serial number V510210. (See Commission Exhibit No. 143, [p. 170]). Two of the arresting officers placed their initials on the weapon and a third inscribed his name. All three identified Exhibit No. 143 as the revolver taken from Oswald when he was arrested.[C4-569] Four cartridge cases were found in the shrubbery on the corner of 10th and Patton by three of the eyewitnesses—Domingo Benavides, Barbara Jeanette Davis, and Virginia Davis.[C4-570] It was the unanimous and unequivocal testimony of expert witnesses before the Commission that these used cartridge cases were fired from the revolver in Oswald’s possession to the exclusion of all other weapons. (See app. X, [p. 559].)