Mr. Stern. During the calendar year, 1963?
Mr. Nichols. Yes.
Mr. Stern. I see. Would you relate for us, Mr. Nichols, in your own words, what occurred respecting Lee Harvey Oswald and your inquiry whether he had the opportunity to avail himself of counsel during the period of his detention, which began on November 22, 1963?
Mr. Nichols. Sometime in the afternoon on Saturday the 23d of November, as I best recall, in the neighborhood of about 2 o'clock, I received a phone call from a lawyer friend of mine in Dallas who asked me if I knew whether or not Mr. Oswald was represented by an attorney.
I told him I did not. He said he had received a phone call from an eastern lawyer, dean of one of the law schools in the East, who told him that the news media up there were saying that Oswald could not get a lawyer to represent him in Dallas, and he wanted to know if I knew anything about the situation. I told him I had not been following it too closely on television, because I was out Friday and then out with my boy on Saturday morning and didn't know really whether or not he had a lawyer.
And he said, well, that was the information he had received, and wanted to know what I knew about it, and if he didn't have a lawyer, or wasn't able to get one whether or not the bar association could, or would do anything about it. I told him I didn't know what the situation was, but that I would be glad to look into it, and—it had been less than 24 hours since Mr. Oswald had been arrested. In order to refresh my memory as to what the requirement of the State law is, and since I don't practice criminal law, I called a lawyer friend of mine in Dallas who is a criminal lawyer and asked him just to tell me offhand what the obligation was to appoint lawyers in criminal cases, if a person did not have someone to represent him, and he told me that the obligation was only to appoint counsel after a man had been indicted, and that, as he understood it, since Mr. Oswald had not been indicted there was no legal obligation to appoint an attorney.
I also received another call shortly thereafter from another lawyer friend of mine in Dallas who said he had received a call from a dean of a law school. One of the calls was from one dean of one law school. The other was from another. I have forgotten which schools they were, and I don't remember which called first with regard to the various deans, but he wanted to know from me whether or not the bar association was doing anything. Whether Oswald had a lawyer. And whether or not if he didn't have one, we should do anything about getting him one, and I told him I had had a previous telephone call from another friend of mine, and that I had made some inquiry, and at this time I did not know whether Oswald had a lawyer or was getting a lawyer, but that I was going to make some inquiry to find out about it. After talking to the second friend about it who called, I then called Mr. Henry Wade, the district attorney, to see whether or not he knew whether or not Oswald was represented by a lawyer or not.
I did not know for sure at that time whether he was, simply because I had no way of knowing whether he was represented or not. I hadn't talked to anybody who was really informed, and I called Mr. Wade. He said he didn't know for sure whether he was or not, as far as he knew he hadn't been contacted by any lawyer who purported to represent Oswald. I asked him whether or not either he or anybody in his office had been advised that Oswald wanted a lawyer, or had made a request for a lawyer, and he said as far as he knew he had not asked for a lawyer. I asked him too, as he was going up there, and I asked him if Oswald requested a lawyer and didn't have a lawyer would he tell him that the Dallas Bar Association would get a lawyer if he needed one.
By that time I had time to think about what I thought my obligation should be, and realizing that under the circumstances maybe some people might overlook the fact that Oswald had rights that needed to be protected at the same time, and if he didn't have a lawyer, regardless of what the legal obligation was to appoint him a lawyer, we, the bar association, ought to look into the matter.
Mr. Wade said he was going to go up there later on in the evening and he would talk to his assistants who were in closer contact than he was, and if Oswald wanted a lawyer—asked for a lawyer or wanted a lawyer appointed—he would tell him of my conversation. I then called Glen King, and a captain on the police force that I knew. I used to work for the city attorney's office, and still represent the city credit union and have a brother on the police force, so, I have known many of these people for many years. I called Captain King and asked him whether or not Oswald was represented by an attorney, if he knew if there was an attorney up there, or anybody who had been up there representing him, and Captain King said that as far as he knew there had been no one representing him, and as far as he knew, Oswald had not asked for a lawyer. He had not asked for the right to call a lawyer, and—or had not asked that a lawyer be furnished to him—and Captain King said, "If he does, I am certainly going to call you and let you know, because we want to be sure if he wants a lawyer he gets one. We don't want it to be a situation of anybody saying that we deprived him of the right to have a lawyer."