The facts are that at approximately the same instant the shot was fired, or within a fraction of a second thereafter, I did recognize the person firing the shot as being Jack Ruby.
Mr. Hubert. The correction there being that you recognized him before his hat fell off, is that what you mean?
Mr. Lowery. Well, I couldn't definitely say that I recognized him before his hat fell off. I don't——
Mr. Hubert. Did you recognize him before he fired the shot?
Mr. Lowery. Well, it seemed like to me at the same time. Now, of course, this happened directly in front of me, closer than—about half of the distance between the two of us and——
Mr. Hubert. Let the record show that the witness indicates the distance that I would judge to be approximately 6 feet.
Mr. Lowery. Well, he would be within 4 feet, I think. That Jack Ruby would be within 4 feet of me.
Mr. Hubert. Would you say that the distance that I judge is 6 feet, you think is about two-thirds of that distance?
Mr. Lowery. That's right. Three to 4 feet, and I couldn't say that Jack Ruby's hat—I couldn't say whether the hat had fallen off or not.
Mr. Hubert. All right.