Mr. Hubert. I think you said there was one other place in this report which has been identified as Exhibit No. 1 that you wish to comment upon, and I think it’s the last paragraph on page 5. What do you wish to say about that?

Mr. Waldo. Well, it mentions here that “Waldo stated he did not recall seeing Ruby while on the third floor on the night of November 23, 1963, talk to anyone except when handing out his cards.” The occasion was not at night. That was in the mid- or late afternoon of that date, November 23. I am not positive of the time but recall it as being approximately 4 p.m.

Mr. Hubert. But the point is that you did not see him on the night of the 23d?

Mr. Waldo. No, sir; I do not recall seeing Ruby after, oh, let’s say, 4:30 to 5 p.m. on Saturday until the events of the following morning.

Mr. Hubert. And when you did see him on the 23d or around 4 o’clock or whatever time it was, you did not see him talk to anyone except when he was handing out cards?

Mr. Waldo. No, sir; I did not see him myself talk to anyone. I was told a number of things later by people, fragments of conversation, but of my own knowledge, I cannot testify to that.

Mr. Hubert. How do you fix the time that you did see him on the afternoon of the 23d?

Mr. Waldo. Only in fact and in truth by recalling that it was 6 or minutes before 6, I believe, about 3 to 4 minutes of 6 when Chief Curry made his announcement that Oswald would be transferred to the county jail by 10 a.m. the following morning, and then thinking back on the time lapse, I would say there was roughly a 2-hour time lapse, remembering the things I did in between the two events, which is close.

Mr. Hubert. So that it would be fair to say that the last time you saw Ruby up on the third floor of the police building on the 23d was around 4 o’clock in the afternoon?

Mr. Waldo. Well, certainly no later than 5. I saw him—I glimpsed him also apparently passing out cards and giving the same brief line of chatter to several people after myself, and it might have been half an hour afterwards and it might even have been 45 minutes, but no later certainly than 5 p.m.