Mr. Johnston. No, sir; at that time I don’t think he was, other than this statement, as I said, that he made—“Isn’t it horrible, isn’t it terrible?”—something to that effect.

Mr. Hubert. Would you judge that to be a commonplace statement of the day—that everybody was saying?

Mr. Johnston. Yes; I certainly would.

Mr. Hubert. Were you the justice of peace that arraigned Oswald?

Mr. Johnston. Yes; I arraigned Lee Harvey Oswald—let me give you the sequence of them—that’s the easiest thing to do. I brought the complete record and I have everything here. The first charge that was filed was for murder with malice of Officer J. D. Tippit of the Dallas Police Department in cause No. F-153, The State of Texas versus Lee Harvey Oswald. This complaint was filed at 7:05 p.m. on the 22d day of November 1963.

Mr. Hubert. By whom?

Mr. Johnston. By Capt. J. W. Fritz, captain of the homicide bureau, Dallas Police Department, was accepted by W. F. Alexander who is William F. Alexander, an assistant criminal district attorney of Dallas County, Tex., which was passed over to me at 7:05 p.m. The actual complaint was signed at 7:04 p.m. and I arraigned Lee Harvey Oswald at 7:10 p.m. on November 22, 1963, advising him of his constitutional rights and that he had to make no statement at all, and that any statement he made may be used in evidence against him for the offense concerning which this affidavit was taken, and remanded the defendant to the custody of the sheriff of Dallas County, Tex., with no bond as capital offense.

Mr. Hubert. Is it within your jurisdiction to do that?

Mr. Johnston. Yes, sir.

Mr. Hubert. Where did that occur?