He said, "Yes; and he told me that."
He said, "One time he told me that." He also said at one time he told him otherwise but he corroborated that portion of it. Then it seemed like there was something else said. Archer said to him as he got up in the jail, "I believe he is going to die, Jack." I may be getting these wrong, but they are roughly—he said something about, "You fellows couldn't do it," or talking about the police, and, I believe that was Archer and McMillon.
Maybe you all being lawyers, in Texas this is not admissible unless it is part of the res gestae. Mr. Belli sent into McMillon all conversations in the jail that happened 4 hours later.
Under our law if one side goes into a conversation we can bring out anything in the conversation, the rest of the conversation. That is a rule of law in Texas, I don't know whether it is that way everywhere else, and so that was the theory that made Dean's testimony admissible because had been in the jail—time varies from 20 minutes to an hour, depending on who you are listening to.
Senator Cooper. I have to go to a quorum call.
(At this point, Senator Cooper left the hearing room.)
Mr. Rankin. Mr. Wade, could you tell us a little more clearly what was involved in regard to this testimony? Did the defense start introducing testimony concerning these conversations, is that what you are telling us?
Mr. Wade. The defense cross-examined McMillon—you see McMillon and Archer stayed with Ruby until 4 o'clock that afternoon when he was turned over to Captain Fritz or roughly. I am giving a rough hour of 4 o'clock.
Mr. Rankin. Where did they stay with him?
Mr. Wade. In the jail. They were—I don't say both of them were there but they were assigned there and another person. The three of them or two of them were there at all times, along with your jailers, they were inside the jail.