Mr. Eisenberg. Now, we have received testimony that the weapon which is marked Commission Exhibit 143 was rechambered but not rebarreled, so that a .38 Special bullet fired through the barrel would be slightly undersized.
Mr. Nicol. Of course I have not had a chance to examine the weapon. But on the information that you gave me, this was originally manufactured for English ammunition, and has been rechambered for American domestic ammunition, is that correct?
Mr. Eisenberg. Yes.
Mr. Nicol. The undersized bullet going through an oversized barrel of course presents some serious identification problems, because it does not go through with the same conformity as a projectile going through the proper-sized barrel, so that it is apt to, you might say, skip and bear more on one surface than on another in subsequent firings, so that the identification is made more complex and it is expected that more dissimilarities occur under those circumstances.
However, at the points where it did reproduce at the land edges, as shown in this photograph, I found sufficient lines of identification to lead me to the conclusion that they had both been fired in the same weapon.
Mr. Eisenberg. Is it consistent with the markings you found on this bullet that it had been fired in a slightly oversized barrel?
Mr. Nicol. Slight. However, due to the malleability of lead, it does accommodate itself more than a metal-case projectile, and therefore the evidence of being fired in an oversized barrel is not as pronounced as it would be if it were fired, let's say, a .32-20 fired in a .38 Special, which would be possible, and would give very distinct evidence of the difference in the size of the bullet and the barrel. However, in neither case is an identification completely precluded. What is necessary is that tests are available which have borne on the same surface. If this is true, and if the marks have not been mutilated, then an identification is still possible.
Mr. Eisenberg. When you say the bullet will accommodate itself, you mean it will expand to fill out all or part of the lands and grooves?
Mr. Nicol. Yes. Actually, with the pressure on the base and the inertia of the bullet, it is in a sense shorter and expanded in diameter to accommodate for the larger-sized barrel.
Mr. Eisenberg. Now, I was not clear whether you drew any conclusion on the other three bullets—that is, did you definitely—find yourself definitely unable to identify those bullets, or did you reach a "probable" conclusion?