Mr. Hubert. And that the information that you did give about seeing Daniels and the shine boy in the earlier deposition—I mean the earlier statement to the FBI, which is contained in Exhibit 5096 was erroneous in that you had not really seen them, but you had heard people talk about them?
Sergeant Maxey. That's right.
Mr. Hubert. Now, in all three statements, however, 5094 and 5095, and 5096, you stated then that you did see Officer Vaughn and yet, as I recall your testimony this evening you said that you did not recall having seen Vaughn.
Sergeant Maxey. At the present time I don't, but those were written up close to the time all this happened, and I haven't seen one of those reports since, and lots that I don't remember right now that I remembered then, I am sure.
Mr. Hubert. That's correct, and that's why I wanted you to correct this apparently contradictory statement.
Sergeant Maxey. That's true, I understand that.
Mr. Hubert. Because, we don't want to have the record, if we can, to have conflicts in it.
Sergeant Maxey. Neither do I, I can assure you.
Mr. Hubert. So, your statement is that you can't swear tonight that you saw Vaughn there?
Sergeant Maxey. No; I can recollect at the time, how—at the time I was questioned about Vaughn, the main thing they wanted to know about him at that time was how far he had walked from his position to the curb. Whether he walked to the curb or out into the street which I didn't know.