1719

IN THE CIRCUIT COURT OF SHELBY COUNTY,

TENNESSEE FOR THE THIRTIETH JUDICIAL

DISTRICT AT MEMPHIS

_____________________________________________

CORETTA SCOTT KING,

MARTIN LUTHER KING, III,

BERNICE KING, DEXTER SCOTT

KING and YOLANDA KING,

Plaintiffs,

Vs. Case No. 97242-4 T.D.

LOYD JOWERS, and OTHER

UNKNOWN CO-CONSPIRATORS,

Defendants.

_____________________________________________

TRANSCRIPT OF PROCEEDINGS

December 6, 1999

VOLUME XII

BEFORE: HONORABLE JAMES E. SWEARENGEN, Judge

_____________________________________________

_____________________________________________

DANIEL, DILLINGER, DOMINSKI,

RICHBERGER, WEATHERFORD

COURT REPORTERS

Suite 2200, One Commerce Square

Memphis, Tennessee 38103

(901) 529-1999

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(901) 529-1999

1720

- APPEARANCES -

For the Plaintiffs:

MR. WILLIAM PEPPER

Attorney at Law

575 Madison Avenue

New York, NY 10022

(212) 605-0515

For the Defendant:

MR. LEWIS GARRISON

MR. JOHN H. BLEDSOE

Attorneys at Law

Law Offices of Lewis K.

Garrison, Sr.

100 North Main

Suite 1025

Memphis, TN 38103

(901) 527-6445

Reported by:

SHERYL G. WEATHERFORD

Registered Professional

Reporter

Daniel, Dillinger,

Dominski, Richberger,

Weatherford

2200 One Commerce Square

Memphis, TN 38103

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- INDEX -

WITNESS: PAGE NUMBER

LaVADA ADDISON

DIRECT EXAMINATION

BY MR. GARRISON.......................... 1723

CROSS-EXAMINATION

BY MR. PEPPER............................ 1727

DEPOSITION OF JAMES EARL RAY

DIRECT EXAMINATION

BY MR. GARRISON.......................... 1731

EXHIBITS

Trial Exhibit 36 ......................... 1722

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P R O C E E D I N G S

(Jury out.)

THE COURT: Yes, are we ready to

proceed?

MR. GARRISON: If I might have

just one second. May we approach?

THE COURT: Yes, sir.

(Off-the-record discussion held

the bench between Court and counsel.)

THE COURT: Bring the jury out,

Mr. James.

(Jury in.)

THE COURT: Good morning, ladies

and gentlemen. It's gratifying to see that all

of you have survived another weekend. All

right. We are going to proceed with the trial.

Mr. Garrison, you may continue.

MR. GARRISON: Your Honor, at this

time I have a report from the physician on

behalf of Mr. Jowers. I would like to have it

marked the next exhibit if I may.

(Whereupon, the above-mentioned

document was marked as Trial Exhibit 36.)

MR. GARRISON: I would like to

call Miss LaVada Addison.

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LaVADA ADDISON

Having been first duly sworn, was examined and

testified as follows:

DIRECT EXAMINATION

BY MR. GARRISON:

Q. Good morning, Miss Addison. Let me ask

you please, ma'am, to tell us your full name.

A. LaVada Whitlock Addison.

Q. You live here in Memphis, Miss Addison?

A. Yes, sir.

Q. I have known you many years?

A. Thirty-five or so I guess.

THE COURT: You spell LaVada, L

A --

THE WITNESS: L A capital V A D A.

Q. Miss Addison, you're in some type of

business presently, aren't you?

A. Yes, sir, I'm self-employed.

Q. What is the name of your business?

A. LaVada's Estate Sales. I sell contents

of homes.

Q. Previously you operated a restaurant

here in Memphis some years ago, am I correct?

A. That's right.

Q. And where was it located?

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A. At the corner of Macon and National.

Q. All right. Let me ask you this:

During -- how many years did you operate the

restaurant?

A. I opened it in 1976 and sold it in

either -- latter part of 1981 or the first part

of 1982.

Q. All right. Among those customers that

came in to see you, would you tell His Honor

and ladies and gentlemen of the jury was there

a Mr. Frank Liberto?

A. Yes, sir.

Q. Did you get to know Mr. Liberto pretty

well?

A. Yes, sir.

Q. Was he in on like a weekly basis? I'm

talking about after he started coming in, daily

basis, how would you describe it?

A. I would probably see him possibly four

or five times per week.

Q. And you and Mr. Liberto had some

conversations quite a bit, am I correct?

A. That's right.

Q. And some of these conversations would

be of things that happened in the past, am I

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correct?

A. That's right.

Q. Let me ask you this: Will you tell His

Honor and ladies and gentlemen of the jury was

there a time when there was some discussions --

I'm not asking you to tell me what he said

right now. But was there a discussion between

you and Mr. Liberto about the assassination of

Doctor Martin Luther King?

A. Yes.

Q. And was that some time after you got to

know Mr. Liberto pretty well?

A. Yes, sir.

Q. You had many conversations with him

about various things before then, am I correct?

A. That's right.

Q. Now, let me ask you this: What were

the circumstances that brought up the

assassination of Doctor King, do you recall?

A. We were sitting at -- well, we called

it a round table, but it really wasn't a round

table. It was just like two tables pushed

together and people would just kind of gather

around, drink coffee, and so forth. But at

that time there were -- just Mr. Liberto and I

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were the only ones sitting there. And the TV

was behind me and something came on the TV in

regard to Doctor King, and Mr. Liberto leaned

over to me and said in a low voice, I had

Doctor Martin Luther King killed.

Q. What was your response to that?

A. I said, don't be telling me anything

like that. I don't want to hear it, and I

don't believe it anyway.

Q. All right. Now, Miss Addison, all the

time you knew Mr. Liberto did you ever hear him

mention the name of Loyd Jowers to you?

A. No, sir.

Q. In fact, did you ever hear of

Mr. Jowers up until the last few months or

years?

A. No, sir.

Q. Okay. Did he ever tell you he was ever

in Mr. Jowers' restaurant? Did he ever mention

that to you, ever been in there?

A. No, sir, he never did.

Q. Is this the only time he had ever

mentioned that to you is that one time?

A. Yes, sir.

MR. GARRISON: That's all I have.

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THE COURT: Mr. Pepper.

CROSS-EXAMINATION

BY MR. PEPPER:

Q. Good morning, Miss Addison. Did you in

the course of your acquaintanceship with

Mr. Liberto, did you come to learn anything

about his family?

A. Somewhat.

Q. Did he have any children?

A. He never mentioned children --

Q. He never mentioned --

A. -- that I remember, no, sir.

Q. But he was married?

A. Yes, sir.

Q. All right. And so you didn't learn

from him or from any other source whether or

not there were any children in that family?

A. No, sir.

Q. After he made this statement about

arranging to have Martin Luther King killed,

did you see him again?

A. Yes, sir.

Q. Many times?

A. Yes, sir.

Q. Do you recall what year that was again?

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A. The only way I can remember when I

opened the pizza parlor, I took a little

photography course at Memphis State and I had a

dark room set up behind in the back of the

pizza parlor where I developed pictures. And I

started taking pictures of customers, and I

started -- like the pizza parlor was like

north, south, east and west. And I started on

the south end towards the kitchen putting them

on the walls, black and whites, and all the way

around the walls, and on the west side I would

say Mr. Liberto and his wife's picture was

there pretty well even with the cash register.

And that should -- and some of those pictures

were dated 1977 and some of them were 1978.

And so it had to be during that period of time.

Q. So it was 1977 or 1978 that you had

this conversation with him?

A. Yes, sir.

Q. Was the television on in the cafe at

the time that you had that conversation?

A. Yes, sir, it was on the top of the

jukebox behind me.

Q. And once again what -- do you recall

what was being shown on the television?

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A. No, sir. I don't recall. But it was

something pertaining to Doctor King.

Q. Something pertaining to Doctor King?

A. Yes, sir.

Q. Now, when you saw him again, would it

have been over the course of the next year?

Did you see him for two years after that, do

you recall how long?

A. Probably a year or so. I really don't

remember. I would just be guessing. I don't

know how long it was.

Q. Right.

A. As you get older, time doesn't mean as

much.

Q. Of course. Of course. And did he ever

raise this subject again with you?

A. No, sir.

Q. It never came up in conversation --

A. No, sir.

Q. -- with you at all. Do you recall when

he passed away?

A. I don't know what year it was. I do

remember the obituary being in the paper.

Q. Would it have been soon after you

perhaps saw him for the last time or do you

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think there was a gap there?

A. I think there was a gap there.

MR. PEPPER: There was somewhat of

a gap. Okay. That's all. Thank you very

much, Miss Addison.

MR. GARRISON: I have nothing

further, Miss Addison.

THE COURT: All right. You may

step down, ma'am. You can remain in the

courtroom or you are free to leave.

(Witness excused.)

MR. GARRISON: Your Honor, at this

time we would like to offer the testimony of

Mr. James Earl Ray.

THE COURT: All right.

MR. GARRISON: Mr. Bledsoe will

read.

MR. BLEDSOE: This is the

deposition of James Earl Ray which was taken

March 11 and March 12th of 1995 in the case of

James Earl Ray versus Loyd Jowers. Appearing

for the plaintiff was Doctor Pepper.

Representing the defendant was Lewis Garrison.

Also present was Loyd Jowers and Jerry Little.

James Earl Ray having been first duly

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sworn was examined and testified as follows and

his direct examination questioning by

Mr. Garrison.

(The following proceedings were

read by Mr. John H. Bledsoe from the deposition

of Mr. James Earl Ray.)

DIRECT EXAMINATION

BY MR. GARRISON:

Q. Mr. Ray, I'm Lewis Garrison, an

attorney out of Memphis, Tennessee, and I

represent Mr. Jowers seated next to me. You

filed a lawsuit against him as a defendant.

I'm going to ask you some questions, and I want

you to be sure that I -- you understand my

questions before you answer them. If there is

anything I ask you you don't understand, tell

me and I will be glad to repeat it or speak

louder or say it in a way where you understand

it.

A. Okay.

Q. If you will be sure and don't shake

your head. She has to write down what you say,

and if you will, give a complete answer because

she will have to put it on the record what you

say as to the court hearing. And if you will

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give a complete answer, it will assist us in

knowing what you have testified to here today.

A. All right.

Q. Tell us your full name, sir.

A. James Earl Ray.

Q. Okay. And, Mr. Ray, I believe you were

born April 10th, 1928; is that correct, sir?

A. No. Let's see, March 10.

Q. I mean, March 10. I'm sorry, March 10,

1968 -- oh, 1928.

A. Yes.

Q. Yesterday was your birthday. Okay.

You're presently confined to the Riverview --

River Bend --

A. River Bend Maximum Security

Institution.

Q. Security institution. All right. How

long have you been there at this location?

A. Since March 1991.

Q. Now, Mr. Ray, if I'm not mistaken, I

believe you entered a guilty plea on March

10th, 1969, in Memphis, Tennessee; is that

correct, sir?

A. That is correct. Yes.

Q. And you have been confined since that

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time?

A. Yes.

Q. Let me ask you some questions, Mr. Ray.

You were born in Alton, Illinois; is that

correct, sir?

A. Yes.

Q. And you were the oldest of nine

children?

A. No, it was seven. A lot of these

records I don't know where you get them, but

they're not exactly correct.

Q. You're the oldest of seven children?

A. Yes.

Q. And your mother's name?

A. Lucille.

Q. Okay. I believe she died in 1961; is

that correct?

A. I believe so, yes.

Q. Did you grow up around Alton?

A. Did I grow up around Alton?

Q. Yes, sir.

A. Yes. But I really don't want to go

into too many of these personal questions that

doesn't have anything to do with the Martin

Luther King case.

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Q. Well, Mr. Ray, according to our rules

this is what is called a discovery deposition,

and we are permitted to go into pretty much

wide latitude, and I'm going to ask you some

questions and I would like you to answer them.

We'll let the judge decide whether or not they

are proper.

A. Yeah. Well, I am not getting into too

many personal questions. You can ask them. I

don't think I'm required to answer them.

Q. Okay. How far did you go in school?

A. Two years of high school.

Q. And what school did you last attend?

A. Well, I would rather not answer that

either.

Q. Okay. Can you tell me the first job

that you held?

A. It was at the International Shoe

Company, Hartford, Illinois.

Q. How old were you when you had that job?

A. Fifteen, I believe.

Q. Okay. What did you do for them?

A. Well, they just made leather materials.

I couldn't go beyond that.

Q. Okay. How long did you work there?

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A. I would say about sixteen or seventeen

months.

Q. Okay. And where were you living then

when you worked for International?

A. Alton, Illinois.

Q. Before you became 18 years old -- 18

years of age, had you been arrested for

anything?

A. No.

Q. After the International Shoe Company,

then did you enter the military service?

A. Yes.

Q. Okay. What branch were you in?

A. I was in the Army.

Q. Okay. How long did you serve in the

Army?

A. Three years.

Q. Were you stationed overseas or were you

all in the United States all the time you were

serving?

A. Most of the time I was in Europe.

Q. Okay. You were I believe, Mr. Ray,

what is called an MP, is that correct, military

police?

A. No. I was in four or five different

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organizations. I was in -- I started out in

the quartermaster for about seven or eight

months, and then I was in the military police

for eight or nine months. And then I was in

the infantry several months and I was

discharged. I was in the infantry at the time

I was discharged.

Q. How old were you when you were

discharged?

A. About 20 years old.

Q. Okay. And where were you discharged

from, what location were you discharged from?

A. I believe it was Camp Kilmer, New

Jersey.

Q. When you were discharged, where did you

go from there?

A. Well, I didn't go any certain place. I

know I was in Quincy, Illinois, for a while

after I was discharged.

Q. Did you have an employment there?

A. No, not at that time.

Q. Okay. When did you have your next

employment after you were discharged from the

service?

A. I don't believe I had any employment

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after I was discharged from the service.

Q. You never were employed on any job at

all?

A. No. After you got out of the military,

they give you so much money every month for a

year.

Q. Okay. Did you continue living in

Quincy, Illinois, or did you go somewhere else

after that?

A. Well, I was in different places. I

can't recall them all because it's been a long

time. I lived in that general area, Quincy or

Alton, Illinois, generally in the St. Louis,

Missouri, area.

Q. Tell me the first time that you -- that

you were arrested and found guilty and served

time that you can remember?

A. The first time I think it was in 1949.

I would say about October of 1949.

Q. What state was that?

A. California.

Q. Did you have a trial or did you enter a

guilty plea?

A. No, I just entered a plea for attempted

burglary or -- I believe that's the charge.

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I'm not certain of that.

Q. How much time did you serve?

A. I was on probation for two years.

Q. Okay. Where did you serve your time or

you said you didn't serve time?

A. No, I was --

Q. All right. I'm sorry. And when you

were on probation, Mr. Ray, where were you

living?

A. Chicago, Illinois.

Q. Okay. Were you arrested any more after

that?

A. Well, I lived in Chicago for, let's

see, from 1950, the spring of 1950, until the

spring of 1952, and I was arrested for a

robbery in 1952. So I would say about May of

1952.

Q. That was in the state of Illinois?

A. That's correct. Yes.

Q. Okay. And what happened, did you --

were you convicted or did you plead guilty to

the charge of robbery?

A. Yes, I entered a guilty plea to the

robbery charge, yes.

Q. And did you serve time?

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A. Yes.

Q. How much?

A. Two years.

Q. Where did you serve it?

A. Pontiac, Illinois.

Q. Okay. Now, Mr. Ray, you lived in the

Chicago area you said from 1950 to 1952 and did

you have any type of employment during this

period of time?

A. Yes. I worked all the time I was up

there.

Q. Where did you work?

A. I can't remember all the places that I

worked. I worked about three different places.

When I was arrested, I was working in Borg

Ericson, E R I C S O N, they made scales.

Q. What is the name of it again?

A. Borg Ericson. B O R G, I believe it

was, Ericson and they were --

Q. And they're in Chicago?

A. Yes.

Q. Okay. All right. Now, you had a

robbery charge. You entered a guilty plea.

You had two years in prison. And when you were

released, where did you go from there?

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A. I went to Quincy, Illinois.

Q. Okay. And did you work anywhere there?

A. No.

Q. Were you subsequently arrested any more

for anything after that?

A. Yes. I was arrested for burglary in

Alton, Illinois, in --

Q. Okay. And what happened to that

charge?

A. Well, I got out on bond, and I can't

remember the date now. It must have been 1955

I would guess.

Q. Okay. Did you enter a guilty plea or

were you tried -- have a trial?

A. I never was -- that case was I think

nolle prossed or whatever you call it.

Q. All right. And then after that what

happened to you?

A. I was arrested again. Subsequently I

was arrested for I think transporting state --

stolen documents across the state line.

Q. Okay. And what state was that in?

A. That was in Missouri. It was a federal

charge.

Q. And did you have any trial or enter a

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guilty plea on that?

A. I entered a guilty plea on that and

received three years -- and --

Q. Where did you serve your time?

A. Forty-five months in Leavenworth,

Kansas.

Q. After you were released from there,

where did you go next?

A. I was released from there in 1958 I

believe it was.

Q. Okay. Where did you move or where did

you live then?

A. Oh, I went to Saint -- yes, I went to

St. Louis, Missouri.

Q. Did you have any employment there?

A. No, I didn't.

Q. Okay. Who did you live with there,

Mr. Ray, anyone?

A. Well, I lived with myself mostly.

Q. Okay. Were you arrested any more then?

A. Yes. After about a year and a half

there, I was arrested for armed robbery, yes.

Q. Anyone arrested with you?

A. And car theft. Yes, someone, an

individual named James Owens.

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Q. Okay. And that was in the St. Louis

area?

A. Yes, that was in St. Louis, yes.

Q. All right. And what happened to that

charge?

A. Well, I went to trial on that charge,

and I received a 20 year sentence.

Q. Okay. Where did you serve your time?

A. At Jefferson City, Missouri. I never

did serve the complete sentence. I escaped

before time had expired.

Q. Okay. How much time did you serve

before you escaped?

A. Well, I guess about six and a half

years, something like that.

Q. Was this the -- in other words, this is

the time you actually escaped and you made --

in the bread truck; is that correct?

A. Yes. That's correct.

Q. Now, you had tried to escape or did

escape I believe or attempted to before that,

am I correct, sir?

A. Yes, twice, yes.

Q. Did you actually get out of the prison

compound on the other --

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A. No, I didn't.

Q. When you were in the prison in

Jefferson City, Missouri, I believe you worked

as a cook or in the bakery.

A. Yes, I had several jobs, but when I

escaped, I was working in the -- a section of

the bakery.

Q. You had had, Mr. Ray, I think some

training to mix dyes at some point, am I

correct, sir?

A. Well, that's when I was working for the

shoe company in 19 -- when I was in Hartford,

the job I mentioned previously in 1944 I

believe it was.

Q. Did you -- after you left there, did

you ever work anywhere in this type trade where

you were mixing dyes and those type things?

A. No, I haven't -- no.

Q. Okay. Now, what year did you escape

from -- the last time, in the bread truck?

A. Well, that would have been in 1967,

April.

Q. All right. Now, you -- I believe you

had left and you eventually made your way to

the Chicago area, am I correct?

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A. Yes. That's correct.

Q. How long did you stay there?

A. Well, I think a little over two months

I would say. Eight or ten weeks.

Q. When you were there two months,

Mr. Ray, did you work any place?

A. Yes, I worked in a restaurant in

Winnetka, Illinois, which is a suburb of

Chicago.

Q. Okay. And you were there about two

months?

A. Yes, approximately, maybe a little bit

longer. I'm not certain.

MR. BLEDSOE: And then Mr. Pepper

states: Excuse me, Miss Parks, if you have

problems with any of the spelling of any of the

names, please let us know. Resuming question.

Q. Okay. Mr. Ray, when you left the

Chicago area, where did you go then?

A. Well, after I accumulated a certain

amount of identification, I was -- I was

working under a false name of John L. Rayns.

Q. How did you spell that last name?

A. R A Y N S.

Q. Okay. Go ahead.

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A. After I left there, it was my

intentions to go to a foreign country. So I

had one more check coming so I went to Quincy,

Illinois, and I stayed around there eight or

ten days, I guess. I'm not certain just how

long.

Q. Okay. Mr. Ray, I want to back up a

moment here. Back in the time you were serving

in the last prison where you escaped from --

A. Yes.

Q. -- did you ever serve any time where

there was some black prisoners that you were

confined with?

A. Well, there's blacks in all prisons,

yes.

Q. But my question is, did you serve any

time in the area where there were black

prisoners?

A. Oh, yes, they're all mixed in.

Q. So your answer is yes, you did serve

where there were black prisoners integrated in

the area where you were serving -- where you

were in the cell, in that cell block; is that

correct?

A. Well, the cell blocks were segregated

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but, you know, you're on the yard and things of

that nature.

Q. Okay. And was there one time when you

had a chance to be transferred -- I'm sure you

have been asked this before -- and you turned

it down because there were black people in the

area where you would be transferred in the cell

block area?

A. I was talking -- excuse me, are you

talking about Jefferson City?

Q. Yes, sir.

A. No, no, I think what you're talking

about is the Leavenworth, the Leavenworth

prison.

Q. Okay. Did that happen, just what I

just --

A. No, not necessarily it happened. At

the time I was in Leavenworth, I was due to be

discharged in about five or six months. And at

the time they offered to send me outside to

work in what they call the dormitories.

Q. Now we are talking about Leavenworth,

the federal prison.

A. The federal prison. I was inside the

walls and they offered -- I could go outside

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and work in the dormitories and one of the

other prisoners told me that people had been

getting drug charges out there. If you get --

I think the procedure was if you were arrested,

if there was marijuana, I'm talking about

marijuana, if you were arrested, you could get

two years if you entered a guilty plea. If you

went to trial, you got ten years. And their

position was that, it seemed to me, the general

consensus was most of the blacks smoked

marijuana and the whites were drinking alcohol.

So I didn't want to go out there under those

conditions where everyone was mixed up in the

same dormitory room. So I didn't go out there.

Q. You turned it down?

A. Yes. It had nothing to do with any

race issue.

Q. Okay. When you were working in Chicago

at the restaurant, were there people of the

black race working there with you?

A. In Chicago? Just about all except me

and one other individual. I think there was

about -- there was about seven or eight there

in the restaurant and I think it was two

whites, me and another guy. And that's not

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counting the waitresses. The waitresses, I

don't know about those, they worked out in

front.

Q. What was the reason you left that job

in Chicago?

A. What was the reason? Well, there was

several reasons. I just went to work there to

accumulate some money. When I escaped from the

Missouri prison, I had $250. I wanted to

accumulate some more money to where I could go

to Canada. Also I was concerned about -- I was

using one of my brother's Social Security

numbers and I was concerned that it might get

checked and find out that, you know -- I mean,

it wasn't me. So there really was no point in

staying there any longer. I accomplished what

I set out to do. I got the identification. I

got -- I made seven or eight hundred dollars

and so I was ready to leave.

Q. All right. What type of identification

did you get?

A. Well, when I escaped, I didn't have

nothing except the Social Security number.

Q. You had no card?

A. No, I didn't have the card.

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Q. Just a number?

A. Yes.

Q. Okay. Go ahead.

A. While I was up there, I purchased a car

and I got it underneath the Ryan name -- the

Rayns name.

Q. Okay. Was the Social Security card

issued to you in that name, is that what you

got?

A. The Social Security number?

Q. No. You said you got something. What

kind of identification did you get? Was it a

Social Security card, driver's license or what?

A. No. Well, when I escaped from prison,

the only identification I had was a Social

Security number. My brother, he had seven or

eight apparently, and he gave me one of them to

use.

Q. Okay.

A. So I went to work at the restaurant in

Winnetka, Illinois, I gave them my Social

Security number and my name as being John L.

Rayns. Subsequently about the identification I

purchased a car I think for a hundred dollars

under the Rayns name and I got a title, which

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is, you know, identification.

Q. Okay.

A. And then I went and took the driver's

test and got a driver's license.

Q. That's in the state of Illinois?

A. That's the state of Illinois.

Q. What name did you use?

A. The John L. Rayns name.

Q. Is that the name you were working --

using at the restaurant, John L. Rayns?

A. Yes, John L. Rayns, yes.

Q. Okay. Had you ever used that name

before this?

A. No. As I mentioned, it wasn't really

one of my aliases. I just got that -- I

borrowed it from my brother.

Q. Okay. Mr. Ray, tell me the first alias

you used, if you recall, other than your real

name?

A. You mean to begin with all the way

back?

Q. Yes, sir.

A. That would be hard to say. I have used

quite a few of them.

Q. Well, tell me the first one you

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remember using.

A. Probably the first one I used was in

Mexico in 1955 I believe it was. I think I

used James, James O'Connor.

Q. James O'Connor?

A. Yes.

Q. Now, let me ask you something about

that. Did you have any kind of a Social

Security card, driver's license or anything

with that name on it ever?

A. No. At that period of time Social

Security cards were -- they were not good

identification. The purpose was not for

identification at that time. I know now they

are, but they wouldn't accept that type of --

Q. But did you ever have any kind of

identification, driver's license, title of

any -- of an automobile, anything with that

name on it?

A. What name is that?

Q. James O'Connor.

A. Apparently I did. I was -- if I

crossed the border with the car because I know

Mexican customs officials check your title and

your driver's license.

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Q. And you were in Mexico in 1955; is that

correct?

A. Let's see, what year was that? No,

that would have been -- no, it wasn't 1955. It

was 1959. That's when it was.

Q. All right. Did you ever actually know

anyone named James O'Connor?

A. I never did know anyone like that. I

know when I was arrested the detective's name

was that and he got kind of upset about it.

But I didn't use -- I didn't get it because it

was his name. I didn't even know him.

Q. Okay. Tell me the next alias you used

that you remember.

A. Well, I can't recall any more now. I

might use one in a motel, but I can't recall

something I would use over night or something.

Probably the only ones that I can recall

subsequently was -- is the ones I used after I

escaped from the Missouri prison.

Q. Well, okay. Let's go back when you

were in Los Angeles, what name did you use out

there?

A. I think I used my regular name, James

Ray.

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Q. When you were going through bartending

school, what name did you use?

A. Now you're talking about Los Angeles?

Q. Yes, sir.

A. In 1949 or just this last time?

Q. When you were going through bartending

school.

A. Well, I was using the name Eric S.

Galt.

Q. And did you have any identification

with that on it?

A. Yes, I did.

Q. And what identification did you have,

driver's license, Social Security, anything

else?

A. Driver's license. And in Alabama they

have what you call a bill of sale for an

automobile and I had some other cards and

things of that nature to supplement the

driver's license.

Q. Now, before you use the name of Eric

Galt, what other names had you used, aliases,

that you remember before that?

A. Well, after I escaped I used the name

John L. -- John L. Rayns and that's the only

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one I used.

Q. That's the only one you've ever used?

A. Well, that's the only one I used -- no,

I used some after the Galt name but that --

Q. Okay.

A. The first time was Rayns and then I

went from Rayns to Galt.

Q. Okay. All right. Now, we are at the

point where you had lived in Chicago and worked

at a restaurant under the name of John L. Rayns

for two months. Where did you go when you left

there?

A. Well, as I mentioned earlier, I went to

Chicago. I was working on a check. I had a

check due and I stayed around. I left Chicago

and went to Quincy, Illinois, for eight or ten

days.

Q. All right. And you had a car at that

time; is that right?

A. Yes, I had a car.

Q. And you bought the car in the name of

John L. Rayns?

A. Yes.

Q. And you lived in Quincy. How long did

you live there?

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A. Well, I stayed there eight or ten days.

Q. We are looking at 1967, about that

time; is that correct?

A. Yeah. That would be around late June

or early July of 1967, yes.

Q. Okay. Mr. Ray, when you -- before you

escaped, was there times when you and some of

the other people that were there with you had a

discussion about Doctor Martin Luther King?

A. No, I don't have no recollection.

Q. You never discussed it with anybody?

You never even heard his name called all the

time you were in prison before you escaped?

A. If I did, I don't have no recollection

of it. I mean, there is all sorts of people,

you know, their names might come up but you

don't have -- since you're not interested in

them, you wouldn't have no recollection of

them. At that time we didn't have no

televisions or radios or things of that nature,

so...

Q. Are you aware of the fact that -- I

know you are because you have been at this a

long time -- that there are prisoners who gave

affidavits saying you did talk about Doctor

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Martin Luther King. You are aware of that,

aren't you?

A. I have read some of these affidavits

and I think there is one person that testified

to that. I know he was -- I know he was an

informant so I assume he just made up the

story. But I have read some of the statements.

I got the Congressional committee that

investigated the Martin Luther King case in

19 -- when was it?

MR. BLEDSOE: Doctor Pepper states

19 -- 1977, 1978.

A. Yes, 1977, 1978. I got some of those

statements and I think it was just one

individual that said that I ever mentioned

Martin Luther King.

Q. Was that true?

A. No, he was -- like I say, he was an

informant, and he wasn't in the Missouri prison

anyway. I think he was -- yes, he was in the

Missouri prison, but I think he checked in what

he is called protective custody after he said

that.

Q. Let me ask you this: Did you ever

discuss the assassination of President Kennedy

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with any of the people while you were in the

prison before you escaped?

A. I have no recollection of any convicts

ever talking about him. It might have been

maybe one or two days or something, but usually

if you're in the penitentiary, you have other

things that concern you, personal things rather

than politicians.

Q. Well, when President Kennedy was

assassinated, were you in prison then?

A. Yes, I was in the Missouri prison.

Q. How did you learn about it?

A. I think someone told me or something.

Probably come by the cell and told me because

as I mentioned we didn't have -- we did have

ear phones in one station but we didn't have

access to too much news.

Q. Okay. Did you ever have any discussion

with any of the prisoners or anyone else that

if someone assassinated Doctor Martin King,

they would make a lot of money?

A. Did I ever have any questions? No, I

never have.

Q. You never had any discussions before

the assassination of Doctor King with any

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person?

A. No.

Q. Now, you're aware again of the

affidavit that's been given stating that you

did say that?

A. I haven't seen these, all these

affidavits. I have seen one of them -- this --

an individual who was -- gave a story to the

Ebony magazine I think. I can't think of his

name but I know his -- there's 15 or 20 of

these affidavits. In all of them one party

says one thing and one says another.

MR. BLEDSOE: And Doctor Pepper

states: Counsel, you have any particular

affidavits you would like Mr. Ray to review?

Mr. Garrison: Not at the moment.

A. But --

Q. Go ahead.

A. But most of these are convicts. If I

drop dead today, you could probably go out here

and get a hundred affidavits saying that I

confessed to killing Martin Luther King. So I

don't put too much credibility in what

informants say.

Q. Okay. The person that you have seen

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the affidavits, was that person that you were

in a cell with or close to when you were

serving? Do you know the name of the

individual?

A. Well, first, I celled alone. I didn't

cell with anyone when I was there. I was in a

single cell most all the time I was in the

Missouri prison. I think maybe three or four

months I was in with another individual, but I

preferred a cell to myself so I usually celled

in a single cell. I can't think of this

individual's name. He was in Leavenworth when

I came -- when I went there, but I think they

transferred him to another place because he was

informing against these accomplices. That's

when I went to Leavenworth in 1955. And I

can't think of anyone else that's made these

affidavits.

Yes, that's his name, Ray Curtis. I

can't think of anyone else that made a hostile

affidavit against me except the one James

Bradley. He said something about he thought I

was dealing in drugs but that doesn't have

anything to do with the Martin Luther King

case. But I have never seen any affidavits

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where -- saying that I mentioned Martin Luther

King.

Q. Tell me, Mr. Ray, when and where you

first met a gentleman named Raul?

A. That would have been in Montreal,

Canada, in July of 1968.

Q. Okay. Where did you meet him?

A. A place called the Neptune Bar in

Montreal, in east Montreal.

Q. Okay. Had you ever been in the Neptune

Bar before this day that you met him?

A. I could -- before I met him there I

possibly could have been there once or

something because I was in that general area.

Q. Had you ever been in Montreal before

this time?

A. Yes. I had been in Montreal another

time, yes.

Q. How long had you been in Montreal?

A. Before that or that or this?

Q. When you met him, how long had you been

in Montreal?

A. I really hadn't been there very long.

I can't tell you just exactly how many days.

Q. Are we looking at days, weeks, months

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or what?

A. Yes, it would be days. Yes.

Q. You left Chicago and had gone to

Quincy, Illinois, and how long did you stay

there?

A. Where?

Q. Quincy, Illinois.

A. Probably eight or ten days.

Q. And then where did you go?

A. I went to Montreal from there. I went

back to Chicago and got a check and then I went

to Montreal.

Q. All right. You drove an automobile to

Montreal?

A. Yes.

Q. When you got to Montreal the first

time, is this the first time you had been

there, ever been to Montreal?

A. No. I had been there before.

Q. When were you there before this?

A. 1959.

Q. And how long did you stay in Montreal

in 1959?

A. I stayed -- I think I stayed there

about three weeks.

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Q. Do you remember where you stayed?

A. I can't remember the place. I know I

stayed fairly close to the train station.

Q. Now, between 1959 and this time had you

been in Montreal any more?

A. No, that was it.

Q. And what was your purpose in going to

Montreal?

A. In 1959?

Q. The last time. This last time you were

up there when you -- after 1959, the next time

you were in Montreal what was your purpose in

going there?

A. The last time you're talking about?

Q. Well, you were there in 1959 and you

said you were back again. That's where we are

right now.

A. In 1959 I was -- the police was after

me in 1959.

Q. All right.

A. Of course, they was after me again in

1968, too, but it was different circumstances.

Q. But you -- from 1959 you had never been

back in Montreal until 1968?

A. No, I hadn't.

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Q. In 1968 what did you go to Montreal

for?

A. Well, I assumed the FBI or the police

were after me at that time in connection with

the Martin Luther King, Jr., homicide.

Q. Okay. What made you think that?

A. Well, I would have to go -- to explain

that I would have to go back to where I was on

April 4th, 1968.

Q. Okay. Where were you on April 4th,

1968?

A. I was in Memphis, Tennessee.

Q. And what made you think they were after

you?

A. Well, this is sort of a complicated

thing. I will start April 3rd -- well, anyway

in April. I won't go over all the details on

April 3rd. Anyway I met this individual named

Raul on April 3rd in a motel called The Rebel,

the New Rebel motel I think it was. And he

asked me to -- we had been involved in other

things which I won't get into and he asked me

to meet him at a place he wrote down on a

paper, I think it was Jim's Grill, the next

day. He gave me the address, I think it was

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422 and a half Main.

Now, on April -- that was on April

3rd. I do recall it was raining that night.

Now, on April 4th that time I had a rifle also

with me when I was -- on April 3rd, and I

turned that over to him on April -- that night.

Then on April 4th I think I was

supposed to meet him there at Jim's Grill

probably about 3:30. Now, on April 4th I

checked out of the motel, I would just guess

about 11 o'clock or whenever they ring you out

of them places. And I was -- it was too early

to go to -- you know, to have this meeting set.

So I just more or less stalled around. And

I -- on the outside of Memphis, the outskirts

of Memphis I would say. I had a -- I was

getting ready to come back and have this

meeting and I had a flat tire so I had to fix

it.

Q. Where were you when you had the flat

tire?

A. It was somewhere south of Memphis. But

I'm not certain just where it was at.

Q. Okay.

A. So I changed the tire myself. I know

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it was outside. It was probably in Mississippi

is probably where it was at, right outside of

Memphis. So anyway I changed the tire and then

I went to -- drove into Memphis proper. And I

would say about ten or twelve blocks from

downtown I drove into a parking lot and I was

going to leave the car there and find out, you

know, this address. And the parking lot

attendant -- I asked, I asked him about the

address and he said something about it was

uptown or I think I -- I think what I asked him

specifically was where was uptown at. So --

Q. Had you ever been to Memphis before

this?

A. No, I never had been there, no. So I

did -- I walked uptown and went -- I could see,

you know, the high-rise buildings up there, and

I asked a policeman where this address was and

I had it wrote down. And he gave me general

directions.

Well, I got on South Main Street and I

went into a bar on the right side. I think it

was -- I don't know if I'm -- I could be

mistaken but I think it was Jim's something.

Whether it was or not anyway, I went in there.

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Now this is on the right-hand side of the

street going south, and I asked him about this

address and he said -- it was a woman. She was

tending bar and she said that it was down the

street on the left a block or so.

And while I was in there, there was

two individuals in there. I thought maybe they

were what appeared to be watching me. So when

I went in the place, I usually buy, you know,

something, a sandwich or a bottle beer. But I

don't drink beer, but I buy it. You know, you

just can't go in there and ask a bunch of

questions and sit around.

So when I left there, when I got to

Jim's Grill I was supposed to meet Raul in

this Jim's Grill, and he wasn't in there. But

these two individuals was. And I -- you know,

I was kind of concerned anyway because we was

dealing in rifles and things of that nature.

So anyway Raul wasn't there. So I

thought I would go get the car, the Mustang,

where I parked it in the parking lot and drive

it back up to the -- park in that general area

of Jim's Grill.

So I went back and got the Mustang and

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parked it, and I don't think I parked right

directly in front of Jim's Grill. It's my

strong recollection I parked it about ten or

fifteen feet south of where you -- where the

door is. And when I went in this time Raul

wasn't -- he was in there this time, and we

had -- we had a brief discussion, and I think

he asked me where I was at. He seemed mainly

interested in the Mustang.

So when we went out the door, he

wanted me to rent a room upstairs he said. So

anyway we went out the door. I pointed the

Mustang out to him because he was concerned

that I had it there. And so I went upstairs

and rented a room, and I don't know where he

went. He could have went back in Jim's Grill.

He could have sat in the Mustang. He had a set

of keys to the Mustang.

And after I was up there a short

while -- well, first I went and seen the

individual that rented the rooms. And to the

best of my recollection, I walked up and turned

right. And I walked down a small foyer I guess

it was and I turned -- came up the steps and I

went through and seen -- I went to the office.

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And the lady up there, I subsequently learned

her name was Bessie Brewer. I told her I would

like to rent a room for a week I think it was,

and so she had two rooms.

So she showed me two different rooms.

One of them was a sleeping room and one of them

was some type of room where you cook in. So I

told her I was just interested in a sleeping

room. So she rented me the sleeping room.

So after I had been up there, I wasn't

up there too long, Raul had come up there and

he -- we started talking, and he said that we

might be around there two or three days, a

couple of days, and he said, I should bring in

my clothing and everything I had and put it in

the room. So -- but I didn't do that. I think

I mentioned to him or that the -- you know, the

place was a wino's place because I could tell

that. I had been familiar with them type of

establishments.

But there was no door handles on the

door. They had a strap on them and they had a

strap on their door. So -- but I did bring an

overnight case up there, and I think I brought

a -- something else up there, something to

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sleep on or something. I think it was a sheet

or something.

So after we was up there a few minutes

and was talking about just general things, he

asked me to go down the street and check on a

pair of infrared binoculars. So he told me

generally where it was at. It was down the

street on the right somewhere. So anyway I

started. I looked for it, but I couldn't

locate the place. I think -- I believe this is

about 4:30 probably when I first rented the

room, the time I rented the room.

Anyway, I couldn't locate the place so

I came back up and asked him more specific

directions. So he told me more specific, but I

don't think I walked far enough I think is what

happened. So I went back and I asked the guy

about the infrared binoculars, and he inferred

that I would have to get them at the Army

surplus. He said he just had binoculars but he

said he didn't have any attachments to put on

them where you could see at night.

So anyway I just got -- I just

purchased the binoculars, what he showed me,

and I went back to the room and I just more or

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less set them on the bed and told Raul that if

he wanted the infrared, he would probably have

to get them through the military surplus.

So I hadn't eaten in a while -- in

quite a while by that time so I -- I had missed

lunch on account of having a flat tire so I

went back down to the -- I told him I was going

down to eat and I went down to a place

called -- I subsequently learned -- a policeman

told me it was the Chickasaw Restaurant. I

think he sat on the corner. I believe he said

it was underneath a hotel, and I don't know

what I ate there, ice cream or something. I

know I ate. And I recall -- apparently it was

the manager. He was instructing the --

apparently a new employee, a young black lady,

how to operate the cash register.

So anyway when I -- I stayed around

there a few minutes, I guess five or ten

minutes and I was back to the rooming house and

I -- I possibly -- I sat in the car a little

while, in the Mustang, before I went back up to

the rooming house. I have some recollection of

sitting in the Mustang.

So anyway, when I went back up to the

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rooming house, Raul, he was up there and he

suggested -- you know, he was going to meet

with some people later on that evening, and he

suggested that I go to a movie or do something

and not come back for a while. So I left there

and went back downstairs and I crossed the

street and went about two blocks up, and I

stopped in a restaurant. And I just more or

less sitting there, I think I had a beer or

something, and I was going to a movie. And

then I got to thinking about having a flat tire

earlier that day so I thought I would get it

fixed.

So I drove back -- I walked back down

to the rooming house, and got the Mustang and

then I pulled out of the -- waited in front of

the -- this Jim's Grill, and I don't know just

how far I drove. I may have drove three or

four or five or six blocks. But after driving

several blocks, I turned right and I think I

went either one or two blocks down there and I

turned right again. It was my intention to try

to get the tire fixed and then go park right

where I was.

I stopped at one service station and

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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he said something about it was a busy time and

where he couldn't do it at that time. He was

busy, and I think there was another service

station on another corner, I'm not certain if I

went over there or not. I possibly could have

but I wouldn't testify to it under oath or

swear to it.

But anyway I went on back after this,

the attendant said couldn't fix it. I went --

kept going on south and I turned right and went

up to Main Street and I was going to turn right

again. Well, when I got to Main Street, I

noticed -- I looked down Main Street, and it

looked like three or four individuals or

policemen was running around down there, and I

think -- and I believe a squad car or a police

car was parked in -- blocking off the

intersection or blocking off the street or

something. It looked like he was waving

around, waving his hands around and possibly

waving people off.

So I just turned left instead of

turning right and I entered an area. It

appeared to be kind of a rundown area. It was

a lot of -- I think it was probably what you

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call a black neighborhood. So I drove real

slow through the -- slow through this

neighborhood and finally I come out on Main

Street, and it was my intentions to -- I had a

phone number in New Orleans, it was Raul's

number.

It was my intention once I got down

there to get on the outside of Memphis, maybe

three or four miles and call him up and ask

him, you know, if there was anything going on

down there because I know there was at least

one gun down there. I assumed there was one

gun down there and I tried to find out if the

police had raided the place.

So I would say about 15 minutes, I'm

not positive on this, they said that, there was

a bulletin that came over the radio saying that

Reverend Martin Luther King had been shot. So

I didn't pay too much attention to that. Just

I kept on driving, and it wasn't too long after

that it said -- I guess I was fairly close to

the edge of town. It said they were looking

for a white man in a white Mustang in

connection with the shooting of Reverend King.

So I decided then I would, you know,

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get out of Dodge, so to speak. So instead of

making any phone calls, I just kept going south

into Mississippi. And the first -- the first

highway I came to and made a left turn, I made

a left turn and then went -- and then I went on

to -- I returned -- from there I went on into

Atlanta and then from Atlanta I went to Detroit

and then back to Canada.

Q. Okay. Let me, Mr. Ray, back up now.

You had left Quincy, Illinois, to go to

Montreal. That was in 1967 I believe you said.

How long did you stay up there before you left?

A. How long did I stay in Montreal?

Q. We are talking about 1967, after you

had escaped.

A. Yeah. I would say about 30 days.

Generally 30.

Q. Is this when you met Raul that first

time you were there?

A. Yes, sir, that was in 1967, yes.

Q. Okay. Do you remember where you were

living up there in Montreal? Were you living

in a motel or a boarding home or how were you

living?

A. It was sort of an apartment complex. I

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think it was the -- I can't think of the name

of it. It was in south Montreal, what they

call the French section.

Q. And all the money you had at that time

was the money you had been paid at the

restaurant; is that correct?

A. No. That isn't correct. I escaped

with two hundred fifty dollars and at the

restaurant I made seven or eight hundred

dollars. Of course I purchased another car.

The car I purchased broke down and I had to buy

a Plymouth. I think when I got to Montreal, I

don't know how much I had, but I didn't have

too much.

Q. How much did you pay for the Plymouth?

A. A hundred and ninety-five dollars I

believe it was. Now, what I did in Montreal

the first day I was there, the fact is I set

the thing up before the day I moved into

Montreal. I held up -- at the time what you

call The Expo was there, The International

Exposition, and I robbed the brothel and I got

about seventeen or eighteen hundred dollars out

of it.

Q. Did you have a gun?

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A. Yes, I did.

Q. Where did you get the gun?

A. I had a .38 which I had purchased in

Birmingham, Alabama.

Q. Now, you have lost me. I thought you

had gone from Quincy, Illinois, to Montreal?

A. I had. But I had purchased the .38 --

no, wait a minute. That's -- that was another

gun I had. The -- we get out of sequence and

you get things mixed up. When I quit the job

in Montreal in --

Q. Chicago?

A. In Winnetka, Illinois, and went to

Quincy I went back to Chicago and got my check

and then I came to East St. Louis. I was going

to see my brother and I was going -- before I

left the country, I was going to arrange for

help and get him help, post office box and

things where I could write him.

Q. Which one of your brothers?

A. This was John Ray.

Q. All right.

A. I had another brother in Chicago and

his name was Jerry Ray. I used the -- most of

my contacts were around the St. Louis area.

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Q. How did you get the gun?

A. Well, there was a guy name Jack Gawron,

he was the -- I didn't know at the time but he

was an FBI informant.

Q. And where was he located?

A. Well, he lived in St. Louis. He lived

in St. Louis.

Q. All right. And how did you get in

touch with him?

A. Well, he didn't have no telephone, but

he had a bar where he took -- he took the

phones. He is in and out of this bar all the

time, and I called this bar and I made

arrangements for him to come and meet me in

East St. Louis, Illinois.

Q. How did you find out you could buy a

gun from him?

A. I didn't buy no gun from him. I knew a

fence in Madison, Illinois, so...

Q. What was your purpose in meeting

Mr. Gawron, Jack Gawron?

A. When did I first meet him?

Q. No, sir. I said what was your purpose

in meeting him?

A. Well, I was going to give him a message

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to give to my brother John Ray.

Q. All right.

A. I was going to see John, but I thought

maybe the police had him under surveillance, so

my brothers knew Gawron for a long time and

they trusted him and everything. They were in

the penitentiary with him in Illinois in Minard

Prison.

So anyway the Gawron, we went to

Madison and at that time I didn't have enough

money really to buy a gun. So he said he was

going to take it care of it and I guess he did

and I think he got --

Q. When you went to Madison, did you drive

your car or did he ride with you or did you

ride with him?

A. No, he couldn't -- he didn't have no

car.

Q. So he rode with you?

A. Yes, he rode with me.

Q. How far did you go with him? How many

miles did you drive?

A. From East St. Louis to Madison it's a

short distance. I would say it's about six or

seven miles.

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Q. Now, you -- who gave you his name? How

did you get acquainted with him, Jack Gawron?

A. Well, as I mentioned he knew my

brothers and he served time with them in Minard

Prison. Well, he got out on parole in 19 -- he

got out on parole in 19 -- I'm trying to think

when he got out on parole. When I got out of

Leavenworth, he got out of parole after I did.

Q. What was he there for in prison?

A. Apparently murder. He was on a life

sentence and he was -- he got out on parole

and that would have been 1955. At that time I

was selling wine. I was what they call

bootlegging and I met him -- well, my mother

she -- he came to see her and tell her, you

know, about my brothers, how they were getting

along, and I met him at her house.

Q. Now, when you were bootlegging, was

that before you were arrested to this last

sentence or was that before you escaped?

A. No, that was after I got out of

Leavenworth.

Q. Okay. That was between then and the

time you went back in for your last sentence

where you escaped.

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A. Yes.

Q. For robbery.

A. Yes. That would have been 1958, 1959,

yes.

Q. Okay. And where were you living when

you were bootlegging?

A. At that time I was living right on the

edge of more or less a wino neighborhood, but I

can't think of the name of the street. I

believe it was Lafayette Street.

Q. Was it in Quincy?

A. No, that was in St. Louis.

Q. Okay.

A. Lafayette Street in South St. Louis.

Q. Okay. Well, how did you know where he

was located and where to get in touch with him?

A. At that time?

Q. When you went with him to get a gun?

A. Well, as I mentioned, he didn't have no

telephone and I knew where he lived. But he

took messages at a bar. He was in most of the

time and they would give a message to him, and

I left a message with him, you know, where to

meet me.

Q. And he met you?

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A. Yes, he did.

Q. And he took you somewhere to East St.

Louis?

A. No, he -- yes, I met him in East St.

Louis. I gave him the name of a bar or

whatever.

Q. And he told you he would help you get a

gun or where to --

A. Well, I knew where to get the gun at.

I just took him down there and, you know, to --

he was going to pay for it after I left.

Q. Okay. How did you know where to get a

gun?

A. Well, I had dealt with this guy several

times before in 1954 and 1955.

Q. He was in St. Louis?

A. No, he was in Madison. He was a fence

in Madison.

Q. So had you bought guns from him before?

A. Yes, I had bought -- yes.

Q. Okay. And this gentleman, Gawron, rode

over there with you and you bought a .38?

A. Yes.

Q. From someone there in Madison?

A. Yes.

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Q. Now, where did you go from there?

A. Well, then I went -- from there I went

to -- I think I went to Indianapolis, Indiana.

Q. Okay. What did you go there for?

A. Well, I was on my way to Canada.

Q. When is the first time, Mr. Ray, you

were ever in Alabama, what year was it?

A. It would be 1967.

Q. It was after you escaped?

A. Yes. That's after I come back from

Canada. It would be August of 1967.

Q. You were in Alabama?

A. Yes.

Q. Okay. And what was -- did you spend

any time in Alabama in any city the first time

you were there?

A. Well, all the time I was there I was in

Birmingham. I was just there one time.

Q. Okay. And what did you go to

Birmingham for in 1967?

A. Well, when I met Raul in Montreal,

he -- I'm leaving out some testimony. There

was other things I done. I'm just going to

stick with him. I'm not going to go into other

things I have done.

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We made an arrangement to -- he was

going to get me a passport. I was trying to

get a passport. He called them traveling

documents if I would help him take certain

things across the border in my Plymouth I had.

And I agreed to do this and I did take some

stuff, some material across the border in the

back seat of my car in July of -- I guess it

would be in August of 1967.

Q. Okay.

A. Well, at that time he claimed he didn't

have no passport, but he did give me about

sixteen or seventeen hundred dollars. And

before that we agreed to go to meet in

Birmingham. Initially he wanted us to meet in

Mobile. And then I said, you know, I would

rather meet in a bigger town. But actually it

wasn't my intention at all -- once I got the

passport and some money, I intended to go back

to Canada and leave the country. But I didn't

get the passport and I didn't get -- but I did

get the money and so I did, you know, agree

to -- I met him there.

Q. And that was the first time to be in

Birmingham though? What was -- that was your

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first time to ever be in Birmingham?

A. That's correct.

Q. The state of Alabama, period?

A. Yes.

Q. Okay. When was the first time you were

ever in Atlanta in the state of Georgia?

A. Well, that's the first time I had ever

been there.

Q. On that same time?

A. Well, I was in -- I was in Atlanta --

no, I was in Atlanta -- in 1968 is the only

time I have ever been there. Now, one

exception is in 1955 I worked briefly for my

uncle and I went down there one time. I went

down to Florida one time, and he was -- he was

supposed to get a job down there. And we was

just down there three or four days. So I went

through the southern states. That's the only

time I have ever been through the southern

states.

Q. What was your uncle's name?

A. What?

Q. What was your uncle's name?

A. William Maher, M A H E R. We just

drove through there. It wasn't no overnight

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stay or nothing. So I am not certain, I could

have -- in 1955 I could have been through some

of those towns but I have no recollection of

which town I went through.

Q. All right. Now, you had gotten a .38

in Madison and Mr. John Gawron was with you.

Where did you go from there?

A. I went to Indianapolis, Indiana.

Q. How long did you stay there?

A. Just over night.

Q. And then where?

A. I went to Detroit.

Q. And how long did you stay there?

A. I think what happened I was getting

kind of short on money. I think I slept in the

car one night. And I went to Detroit, and I

don't think I stayed there. I think I crossed

over and went right straight on into Canada. I

can't account for every day. And somewhere

in -- somewhere in Canada I think I slept in

the car maybe again. And then the first time I

rented a motel was in Dorion which is right

outside of Montreal. That's D O R I O N, I

believe is the way it is spelled. It's about,

like I say, three or four miles from Montreal.

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Q. Mr. Ray, after you got the .38 in

Madison, did you have any -- did you hold up

any place or rob anyone or take any money from

anyone before you got to Montreal?

A. No, I didn't, no.

Q. All right. Then you -- eventually --

then you eventually did get to Montreal, right?

A. Yes.

THE COURT: Let's stop here and

take a break, please.

(Brief recess.)

(Jury out.)

THE COURT: Bring the jury out,

please, sir.

(Jury in.)

THE COURT: Mr. Garrison.

MR. GARRISON: We are going to

continue reading Mr. Ray's deposition.

THE COURT: All right.

(Whereupon, the following is the

continuation of the reading of the deposition

transcript of James Earl Ray.)

MR. BLEDSOE: Resuming the

deposition.

Q. Mr. Ray, after you got the .38 in

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Madison, did you have any -- did you hold up

any place or rob anyone or take any money from

anyone before you got to Montreal?

A. No, I didn't. No.

Q. All right. Then you eventually did get

to Montreal, right?

A. Yes.

Q. And that was in 1967?

A. Yes.

Q. About what month would that have been?

A. That would be sometime in July. I

imagine the latter part of July.

Q. And you had a what model Plymouth?

A. A 1962.

Q. Two door or four door?

A. I don't really -- I believe it was two

door, yes.

Q. What color was it?

A. I believe it was red.

Q. Did you know anyone in Montreal then?

A. No, I didn't.

Q. And what was your purpose in going to

Montreal, what did you intend to do when you

got there?

A. I tried to get some travel documents

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and leave the country.

Q. Now, how long had you been there when

you met Raul at this Neptune Bar?

A. It was just days after I had been

there. It hadn't been over I would say --

Q. A week, less than a week, more than a

week?

A. It probably was a week or six to seven

days. It wasn't -- I wouldn't want to get

pinned down on just how many days.

Q. Tell us something about this Neptune

Bar. What did it look like? Is it a big open

space or was it a very small bar where you go

to sit-up at the counter or can you describe it

for us.

A. Well, it's got these -- it looks like

a -- something on the windows, I think, where

it looks like a ship steering wheel or

something. Inside of it has got kind of heavy

tables and then there is a bar in there and --

I don't know. It's just another bar except

it's -- it's fixed up like it's a -- make a

seaman feel comfortable. I think it's pretty

close to the waterfront.

Q. Did they serve food?

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A. I don't have no recollection. If they

did, I didn't order anything.

Q. Did they have men or women waitresses

and waiters or both or do you remember?

A. No, I think they had men. I think the

men served, bartenders.

Q. Okay. The first time you were in

there, is that something you just ran up on or

did you intend to go there when you -- in other

words, were you intending to stop at this bar

or was it just something you saw on the way?

A. Well, some of these bars get -- see, my

intention was when I went down there I

started -- when I started frequenting these

places, initially I had contacted a travel

agency when I first got there, and I asked them

how, you know, the procedure was to get a

passport and get out of the country.

Q. Do you remember what travel agency that

was?

A. No, I just made a telephone call.

Q. You just picked it out of the

directory?

A. Yes. And they told me that -- I

explained -- I put down some story about

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identification or something. I was from a

different city in Montreal, and they told me

that if I didn't have sufficient -- something

about identification, that I would have to get

what you call a guarantor, someone I knew two

years, and they would vouch for me and swear

that I was who I said I was. So I didn't want

to wait around two years.

Q. What ID did you have on you then at

that point?

A. In the -- well, at that point I had --

I had the Rayns. I had rented the room under

the Rayns name, the apartment. The only thing

I had identification was the Rayns but not -- I

said I rented a room and now I may have rented

a room under the Galt name because I changed

sometime. As soon as I got there, I changed

from Rayns to Galt, so I'm not one hundred

percent certain.

Q. What ID did you have on you, driver's

license, Social Security card, anything?

A. I had a driver's license and a title.

Q. Where did you get the driver's license

from?

A. I got them -- I had got them in

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Chicago, Illinois.

Q. Under the name of Rayns?

A. Rayns, yes.

Q. And you had a title to the car?

A. Yes.

Q. Was that an Illinois title that you had

on the car?

A. Yes, East St. Louis, yes.

Q. When you got the driver's license in

Illinois, did you not have to show a birth

certificate or anything at that time to get the

driver's license?

A. No, they didn't ask for anything at

that time.

Q. Did you have to take a test to get --

some kind of examination to get --

A. Yes. Well, you can get a book and read

up on it, and then when you take the test, it

makes it a little easier.

Q. I mean, that's what you did?

A. Yes.

Q. Where -- and this is in Chicago where

you got the license?

A. Yes.

Q. And it was under the name of Raynes, R

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A Y N E S?

A. R A Y N S, yes.

Q. Now, Mr. Ray, you went to the Neptune

Bar, and did you meet Raul the first time you

were there or was it later that you met him?

A. I don't believe it was the first time I

was there. It probably would have been the

second time I was there. It could have been

the first. But what I was -- I was going to

these bars and I was making certain inquiries,

nothing to get me in jail, but, you know, I was

thinking about the possibility of I could

either catch a merchant seaman drunk and, you

know, more or less roll him. Or I could -- of

course, a merchant seaman's papers is traveling

just like a passport or I could possibly buy

one. So someone possibly could have mentioned

my name to him so -- but it was earlier there.

It could have been the first time or it could

have been the second, but it was one -- it was

one of the first times I went in there.

Q. Okay. Were you at a table or sitting

at the counter or on a bar stool?

A. No, I was sitting at a table, yes.

Q. And were you there before he was or was

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he there before you were?

A. No, I was there before he was.

Q. Were you sitting with anyone?

A. No.

Q. And he came in. How long had you been

there when he came in?

A. I can't recall. It probably wasn't --

it wasn't very long I don't think. Because I

never did stay around bars too long.

Q. Okay. Were there many people in the

bar at that time?

A. I don't believe there was, no.

Q. And when he came in, what attracted you

to him or how did you get the conversation

started with him?

A. I didn't start the conversation with

him. He sat down and started the conversation

with me, and we were just talking about general

things and I told him --

Q. Like what general things, the weather?

A. Yes. Where we was from and things of

that. Generally what we were doing. I think

he mentioned something about he might have -- I

can't recall everything he said. He might -- I

kind of got the impression he was in the

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Merchant Marines, and I told him I was in the

United States and I was interested in -- I was

interested in, you know, being on a ship and

things like that.

Q. When you were in this Neptune Bar, did

you have the gun with you?

A. No. I never carried the gun with me.

I still had the gun, but I wasn't -- I didn't

carry it around with me.

Q. Okay. Can you tell us this about

Raul, about what size person was he, was he

five foot ten, five foot eleven, five foot five

or was he taller than you or shorter than you?

A. Well, I'm five foot ten. I just

assumed he was around five foot eight or nine

or maybe a little -- somewhere in that general

area. It's hard to estimate people's weight,

but I didn't think he, you know, weighed a

whole lot.

Q. When he came in, what were you

drinking?

A. I was probably drinking a beer or

something like that.

Q. And when he came in, did he just come

straight to your table?

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A. Well, I really didn't know. I know he

showed up at the table. I usually don't pay

too much attention to people when I got in a

bar, and I usually don't stay in there too

long. Of course, I don't drink beer. I might

sit there, and, of course, as I mentioned

earlier, you have to buy something. I was just

more or less sitting there resting or thinking

what I was going to do next. I assume that is

what I was thinking about.

Q. So you were at the table by yourself?

A. Yes.

Q. When he came in, did he get anything to

drink, any beer or whiskey or anything that you

can recall first?

A. Yes, he probably got a beer. Yes, I'm

fairly certain of that because usually that's

the general practice.

Q. Okay. What was he dressed in? Was he

all dressed up or did he have on anything that

you can remember at this moment? Did he have

on a coat, shirt, what?

A. He just had a -- he just had a suit on

and a shirt.

Q. With a tie?

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A. No, he didn't have no tie on.

Q. A dress suit?

A. Yes. It was dark, a dark dress suit.

Q. Did he wear glasses?

A. No, he didn't.

Q. So he came over to your table, and you

were there by yourself and did he have

something in his hand to drink or did he order

something after he sat down there with you?

A. I really don't remember the small

details, but I'm certain he had something,

ordered something to drink.

Q. And you and this gentleman struck up a

conversation, just general things such as the

weather or something like that and how long did

you sit there with him?

A. Well, I don't know. It wasn't too

long. I mean, I have had -- I have had

hundreds of conversations in bars with people.

That's what usually gets me in the

penitentiary, but I was -- we didn't sit there

too long I don't think. We just started

talking and I was showing an interest in, you

know, travel documents or getting in the

Merchant Marine or something I think.

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Q. You told him then that you were the

first -- that you were -- the first time that

you were interested in some travel documents?

A. No, I don't think I mentioned it that

time. No, I just told him -- I told him I

liked to travel and, you know, Merchant Marine

or something like that.

Q. Okay. How long did the two of you talk

would you say that first night? I mean, are we

talking about a night or in the daytime?

A. No, this was in the daytime.

Q. Okay. Two o'clock in the afternoon,

five o'clock, what?

A. It was in the afternoon, but I couldn't

give you --

Q. Still daylight?

A. Yes. But it wasn't -- I know it wasn't

nighttime.

Q. I may have asked you earlier but how

long had you been in when he came in, just five

minutes, ten minutes, an hour or what?

A. I don't think I had been in there too

long because I --

Q. Less than hour?

A. The reason -- yes, the reason I say

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that is because I don't stay in them places too

long.

Q. Okay. And you and Raul talked 30

minutes, an hour, what?

A. Yes. Maybe 15 or 20 minutes,

something, just talking.

Q. Who decided to leave first? Did you

say you had to go or he said he had to go or

what happened that you broke up?

A. Well, I think either me or him -- it

was probably him. He probably mentioned he had

to go somewhere or something. But we agreed to

meet again and just talk about things.

Q. What was the reason you agreed to meet

again when you met a man you had never seen for

15 minutes? What was the reason you agreed to

meet him again?

A. Well, he seemed -- I mean, I got the

impression from talking to him -- I have talked

to these people as I mentioned, you know,

several times in bars and things, and I just

got the impression from the way he acted and

the way he looked and the way he talked that I

might be able to make a deal with him. So I

didn't have anything else to do so I just --

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Q. Now what led you to that? What did you

see about him that led you to that? I mean,

did he say something or are you just assuming

that from looking at him or what?

A. Well, the way he talked and he seemed

like -- he seemed to be -- he gave me the

impression he might help me or something like

that.

Q. But what did he say specifically that

made you think that?

A. Well, just the way he talked about

the -- you know, getting in the Navy and

things, getting in the Merchant Marines and

travel documents and I just -- I really didn't

have anything to lose so we discussed things,

and he said, you know, we will talk about it

some -- we will talk about it some other time.

And it didn't seem unusual to me at all.

Q. Did he tell you he had been in the

Merchant Marines?

A. I got the impression. He never did

tell me much of anything really, but I got the

impression from the conversation.

Q. All right. And you were there with him

15 minutes or so and you were just under the

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impression from the way he talked that he might

help you?

A. Yes, from what he said and things of

that nature.

Q. Did he ever say I know some way to help

you or I can get someone to help you or I

can -- anything that he could do for you that

you remember now?

A. He gave me that impression. I can't

remember all the details what he was saying,

the vibrations I was getting that he could do

it. He might be able to do it, and as I

mentioned, I just -- as I mentioned, I didn't

have anything else to do and I just agreed

to --

Q. Did you mention to him then you needed

a passport?

A. Not at the first meeting. We got

around to that later.

Q. Okay. When did you see him again?

A. Well, I think I seen -- I think I seen

him another time and --

Q. The next day, next week, next month?

A. Yes. I think it would be probably a

couple of days. I don't think it was the next

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day.

Q. Was that an intentional meeting, you

intended to meet him or was that just a

by-chance meeting again?

A. No, we said we would meet somewhere.

Q. And where did you meet?

A. Well, we met at the same place there.

Q. Okay. Were you there first or was he

there first?

A. I was there first.

Q. All right. And when he came in, was he

dressed about the same as he was before or was

he dressed differently this time?

A. I don't know if he had the same -- he

was dressed about the same. I don't know if he

had the same suit -- same color suit on, but he

didn't have no tie on and he had his shirt

buttoned and collar, but that's the only thing

I noticed about him.

Q. Can you tell us something about -- what

would have been his weight roughly, what would

you just guess his weight to be?

A. Well, I thought he weighed about one

forty or forty-five pounds, but I just can't be

certain on someone's weight like that.

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Q. What color hair did he have?

A. He had a kind of a -- it was a dark

hair. It's not auburn, but it's real dark with

what I would call a slight red tint in it.

Some -- maybe dyed his hair or something.

Q. Did he have a part in his hair?

A. No. It was just kind of wavy and

combed back.

Q. Maybe I asked you earlier, was he

wearing glasses?

A. No.

Q. He was not wearing glasses. All right.

Anything else you observed about him, Mr. Ray,

such as was he right handed or left handed?

When he drank, would he use right hand or left

hand or did you observe him that closely?

A. No, I didn't observe him that -- no.

Q. Did he talk like he had been someone

that had been grew up in Canada or in Detroit

or someone in Tupelo, Mississippi, or where?

What was your impression of him?

A. Well, he had a somewhat Spanish accent

and I had had a lot of association with

Mexicans. I have been to Mexico before and in

Leavenworth I knew a lot of Mexicans. The fact

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is I tried to learn to speak Spanish at one

time so I was certain that he was -- well, he

could have been something other than Spanish.

There is other people, you know, that speaks

the Latin language besides Spanish. But I just

assumed he was -- came from a Spanish speaking

country.

Q. Did you presume that from the way he

looked or the way he talked or both or what?

A. Well, the way he talked and the way he

looked, both.

Q. Was he light skinned, dark skinned,

medium, what, how would you --

A. No, he was sort of -- he was more dark

than the average Anglo-Saxon.

Q. The first time that you saw him did he

tell you his name?

A. Yes, he said it was just Raul.

Q. Did he pronounce it that way or was

it -- is that the way he pronounced Raul or

was it just Raul or do you believe --

A. I believe he kept pronouncing it Raul.

I don't think he -- he didn't just say Raul.

I think --

Q. What name did you give him as being

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your name?

A. Well, at that time I gave him my name

as being Eric Galt.

Q. So that's what he knew you as then?

A. Yes.

Q. All right. Did you tell him your full

name or just your first name the first time you

saw him?

A. I think I just told him -- probably

just told him Eric.

Q. Okay. And he told you his name was

Raul?

A. Yes.

Q. All right. The next time that you met

him you were there first and did he come in and

sit down at the table with you, same table or

close by the same area that you were?

A. Yes. It was the same general -- you're

talking about the second meeting?

Q. The second meeting, right.

A. Yes.

Q. All right. And did you begin having a

conversation with him then?

A. Yes. He got more deeply in the -- you

know, the -- you know, what we was talking

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about.

Q. Okay. What did you tell him you wanted

out of him?

A. Well, I just told him I was interested

in, you know, travel documents and things of

that nature and --

Q. Okay. When you mentioned travel

documents, what do you mean specifically, visa,

passport or what, or both?

A. I don't really -- travel documents is

what -- he referred to that name. I

subsequently learned travel documents is --

what is it? It's a one-way ticket to a place

where there is no return. There is no return.

It's just that one way.

Q. Up to that point, Mr. Ray, had you ever

had a passport?

A. No, I hadn't.

Q. Ever had a visa or any reason to apply

for either one of those?

A. Well, I had one in Mexico, but you get

a visa going down there, but other than that I

never had one.

Q. You were in Mexico I believe you said

in 1959?

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A. Yes.

Q. And when you entered that country, what

name were you using?

A. I believe that's when I was using the

O'Connor name.

Q. The one you had mentioned earlier?

A. Yes.

Q. All right. How long did you and Raul

stay together this time, the second visit,

would you say?

A. I would say we stayed together a little

longer.

Q. Fifteen minutes, thirty, an hour?

A. Yes. We probably -- thirty minutes or

so. I don't -- I think we had a little

conversation after we left there, too.

Q. All right. Who left first, you or this

Raul?

A. Yes, I believe at that time we left at

the same time. We discussed some things, you

know, walking down the street.

Q. Okay. When you were in the Neptune,

what did you talk to him about the second visit

specifically?

A. That was about -- we got more specific

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and I was talking about, you know, foreign

countries, going to foreign countries and

things like that. And he indicated he could

help me do --

Q. Did he tell you you would have to have

some money?

A. That I would have to have some money?

Q. For him to get this -- to help you.

You said he said he thought he could help. Did

he say you could have -- did he say you would

have to have some money?

A. I can't quite understand. Did he

want --

Q. Well, or --

A. Did he want me to pay him?

Q. That's right. Yes.

A. No. There was no -- never any question

about me giving him money, no. But --

Q. Did you tell him where you wanted to

go?

A. No, I didn't tell him where I wanted to

go, no.

Q. Okay. Now, you said you left with him

and you walked outside. And what did you talk

about when you walked outside?

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A. We made -- I had mentioned in the -- I

had mentioned in the bar and I probably

mentioned on the outside, too, that well -- I

wouldn't have mentioned it twice. I probably

went over the details when I went outside. At

that time I decided to try to possibly get one

from someone being my -- being a guarantor

because I was kind of concerned about getting

involved.

Q. You're talking about someone giving an

affidavit saying they knew you and could vouch

for you, that you were a citizen of Canada and

those type things; is that right?

A. Yes.

Q. All right. How were you going to do

that?

A. Well, I was thinking about trying to

meet a female and see if she could possibly

help me do it. So before -- I think before I

seen Raul the second time, I went to a travel

agency and asked him, you know, if there was

any resorts close by that I could go, you know,

for six days, six or seven days. And they gave

me one called the Gray Rocks and it's right

outside of Montreal.

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So anyway I met -- when I seen Raul,

I didn't tell him I was going to try to meet

someone and get me a guarantor. But I told him

I would be gone for a week and I had some

business to take care of. And he said, okay.

And so I did go to Gray Rocks and I did meet a

woman after I was up there about five or six --

five or six days I guess.

Q. Let me back up, Mr. Ray, a moment.

A. Yeah.

Q. When you went outside and you talked to

Raul --

A. Yes.

Q. -- how long did you stay out there with

him?

A. Oh, we was just walking down the

street. It wasn't very long.

Q. And he was driving a car?

A. If he was --

Q. Okay. You don't know how he left the

area?

A. No, I have no idea.

Q. And you left in your Plymouth?

A. No, I walked down there.

Q. Well, did you have a room at a hotel or

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a rooming hall or something at that point?

A. Yes. I was living in south Montreal,

in the Ajax Apartments. I think it was about

4800 South Notre Dame Street was the name of

the street.

Q. Did you -- how were you financing this?

Where were you getting your money from then?

A. Well, I had two hundred fifty dollars

when I escaped from prison. I worked in the

restaurant a while and I had held up a brothel

for sixteen or seventeen hundred dollars. So I

don't know just exactly how much money I had,

but I had -- I wasn't really uptight for money.

Q. This brothel, was that before you met

Raul that you held it up?

A. Yes. That's the -- well, I had set it

up when I was in Dorion, the day before I went

to Montreal. I went up there that night, and I

met some woman at a bar and I went home with

her and I went to her apartment. And, you

know, I found out her address and the next day

I met her again.

Q. Okay. And you had gone to some man

that was sending business to her or her pimp I

guess, is that what he was?

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A. He was in the building, yes.

Q. Okay. And you had robbed him of how

much, sixteen or seventeen hundred dollars?

A. It was mixed bills, sixteen or

seventeen hundred dollars in United States and

Canadian currency.

Q. That was in Dorion?

A. No, that was in Montreal.

Q. It was in --

A. Dorion. I drove into Dorion and set it

up, the robbery, and then the next day I moved

into Montreal and rented the apartment. The

Harkay I think is the apartment on Notre Dame

Street. H A R.

MR. BLEDSOE: And then Mr. Pepper

interjects K A Y.

A. K A Y. And then I went ahead and

robbed the place.

Q. Well, you didn't know in advance before

you had gotten to Montreal whether you just --

you were going to do but you didn't know what

place or anything, am I correct?

A. Yes. I was fairly certain I was going

to do it because I was getting very short on

money and usually those places don't -- they

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don't call the police on you anyway.

Q. That's what I'm saying. You were going

to do it but you didn't know what place then

until you got into Montreal?

A. No, I had no idea what place.

Q. Okay. When you had gone to Gray Rocks

and what -- then you had gone to Gray Rocks and

what happened there?

A. Well, as I mentioned, I did meet

some -- a lady up there after I was up there

about five or six days and I -- but I didn't

think that was, you know -- I didn't want to

approach her about something that was illegal

in just that short of time. You know, I

didn't, you know, know her long. So I never

did get into it.

Q. Okay. How long did you stay in Gray

Rocks?

A. Six or seven days.

Q. Okay. And then you returned to

Montreal?

A. Yes.

Q. And had you set up an appointment with

Raul at that time to meet him?

A. Yes. I told him I was -- you know, I

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would be back there.

Q. Did he give you a -- any telephone

number to contact him?

A. No. I never had any contact.

Q. How were you going, in other words,

were you going to set up a certain date to meet

him back at the Neptune; is that correct?

A. Yes. I remember one time we met in the

Neptune and then we went on somewhere else. I

think we went to a restaurant but it was not --

Q. Okay. Now, when you met Raul the

third time, he knew then that you were looking

for some -- your term travel papers, am I

correct, sir?

A. Yes. That's correct.

Q. And he never did tell you you would

have to pay him anything to get the travel

papers?

A. No. It was kind of quid pro quo. He

was going to -- sometime during the

conversation he was going to furnish me with

the -- what he called the travel documents and

a certain amount of money and he didn't --

Q. What was he going -- what was he going

to get out of it for doing this?

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A. Well, I was going to take some things

across the border for him in the back seat of

the Plymouth.

Q. He had already asked you that if you

would take -- if you would take some things

across the border, he would help you get in

your term travel papers, right?

A. Yes.

Q. Okay. And you agreed to do that?

A. Yes. I was willing to do it, yes.

Q. When you say across the border, where

across the border were you going to take them?

A. Windsor, Canada, that's right across

the river from Detroit.

Q. Okay. When you say some things, you're

talking about some drugs or guns or what?

A. Well, I assumed it was drugs.

Q. And he didn't tell you specifically

what it would be?

A. No, he didn't say.

Q. And you agreed to do that if he would

help you get what you called travel papers,

right?

A. Yes.

Q. And this was on the third visit with

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him?

A. Well, somewhere along there. I can't

remember just what was said on each visit. I

would say we had maybe five visits altogether.

Q. Okay. And then you agreed to do this?

And let me ask you this: Whatever you were

going to take across, did you actually do that?

A. Yes, I did.

Q. Was it something in boxes, bags or

what?

A. Plastic bags.

Q. Okay. And could you tell what it was

or did you ask what it was or did he tell you

what it was?

A. Well, no, he had me meet him in Windsor

on a certain day. I think it was a train

station -- near the train station. And he came

up. He showed up in time. I was sitting in

the car and he showed up at the meeting and he

just got in the car and directed me to a

different area of Windsor and then he got in

the back of the car.

In the Plymouth you could raise the

back seat up, and it would come unhinged. And

behind the back seat there was a bunch of

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springs back there, and that's what he did. He

apparently was familiar with the inside of it

and he put some -- I think it was about three

packages. I didn't turn around to look at him,

but I did notice something out of the back, you

know, the rearview mirror.

Q. Okay. Well now, when you met, where

were you when he put this in the back of the

car?

A. I was sitting in the front seat.

Q. But where were you though? Were you in

Montreal or Windsor?

A. We was in Windsor, yes.

Q. All right. And you had had an

agreement to meet him at some place there?

A. Yes. Near -- I think it was near the

train station or bus station. I think it was a

train station.

Q. Okay. And what time of day were you

going to meet him there?

A. It was some time in the afternoon, but

I don't know just exactly what time.

Q. All you were going to do was just drive

it across the border?

A. Yes.

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Q. And into where?

A. Into Detroit.

Q. Okay. And what did you -- what did he

tell you after you drove it across the border

that he would do then?

A. Well, I would take the material across

and then once we got across the border, he

would give me a passport and some money and he

would go his way and I would go my way.

Q. When you met him there, Mr. Ray, was he

driving something or was he walking or just

standing there, was -- what was he in? How did

he get there?

A. I was just sitting in the car and he

walked up and that was it.

Q. And he had something in his hands, some

bags or --

A. He had an attache case, that's all he

had that I saw.

Q. And he -- did he put the case behind

your seat or just open the case up and put

something behind the seat, which was it?

A. No, first he directed me to another

street where he -- and he got in the back of

the car and took the stuff out of the attache

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case and got the seat up. I'm not talking

about the seat you sit on, I'm talking about

the back rest. And he put it in there and then

we left.

Q. Okay. Had you ever been to Windsor

before?

A. I think I went through there when I

went to Montreal earlier in 1960, 1959 or

whatever.

Q. And then did he get in the car and you

go across the border with him in the car and

with the substance in the back?

A. No. He got in the car and he told me

to let him off before we got to the -- we went

through the tunnel. There is two ways you can

get from Windsor to Detroit. One is the tunnel

and one is the bridge, and he had me let him

off. He asked me to meet him on the other

side. So I let him off and he said give him a

while. I think he got a cab and I assume he

got a cab or somebody hauled him across, and

then I went through the customs and I picked

him up on the other side. And then when I

picked him up, he directed me to a place, some

side street.

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Q. In Detroit?

A. Yes. And then he -- he took this

material out of the back seat and he told me

to -- you know, we was going to do the same

thing again.

Q. Did he tell you when?

A. Pardon?

Q. Did he tell you when?

A. Yes, right then.

Q. Oh, okay. The same day?

A. Yes.

Q. Did you do that?

A. Yes, we did.

Q. Okay. Well now, did he go back to the

same place where you were originally when he

came up with the attache and put it in the car

and meet him there again at the same place?

A. Did he go back to the same -- you're

talking about --

Q. Let me back up. Okay. You drove the

car alone across the border from Windsor to

Detroit, right?

A. Yes.

Q. And he met you over there?

A. Yes.

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Q. And you said he -- and you said he said

we are going to do the same thing again.

A. Yes.

Q. And did that mean go back to Windsor

and come back across again?

A. Yes.

Q. And my question is, did you go back to

Windsor and meet him again at the same place

that you had met him earlier?

A. No, I don't think -- he would meet me

on the -- he would get a cab or something and

meet me over there.

Q. Well, I'm what saying is, did you go

back to the same place to meet him back in

Windsor to get another --

A. Yes. We went to the same street.

Q. Where you met him earlier?

A. Yes.

Q. Okay. And then again you went across

the border again and the same thing in the same

manner that you did earlier, right?

A. Yes, I assume the first time was a dry

run so we did the same thing but I -- it was

other problems on the second trip.

Q. What problems did you have?

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A. Well, on this -- on the second time we

went across the bridge instead of the tunnel.

Q. Did he go with you this time?

A. No, he didn't go with me.

Q. Still didn't go with you?

A. No. So -- well, anyway, when I got to

the customs house, I had purchased a TV, a

small TV when I was in Montreal to watch. I

thought I might be up there for a while. But

anyway when I got to the customs house, I

started thinking about the TV and I thought I

better declare it because it's -- I think

there's a tax on it and you have to declare

everything. I think there is a sign up there

that says it.

So anyway I pulled into the customs

house and told them I had a television set I

had purchased in Montreal. They asked me if I

had purchased anything, and so they had me pull

over in a -- they had a place where you can

park there.

Q. Okay. You had Illinois plates on your

car?

A. Yes.

Q. And an Illinois driver's license?

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A. Yes.

Q. Go ahead.

A. Well, anyway I parked there and the

customs agent he started going through the car

and this stuff was in the back, this material

was in the back seat as I mentioned, and he

started going through everything in detail. He

started under the hood and he was all over the

car. When he got back to the back, he started

searching the back and another customs agent

come out and told this first customs agent he

said, I will take over and told him to do

something else.

So when he took over, he terminated

the search and he took me in the office. And I

give him a -- I think it was three or four

dollars as some type of tax for carrying some

things across the border, export tax I guess

you could call it -- I guess you call it. So

then after I left there, then I met Raul on

the other side.

Q. The same place you did before?

A. No, this was on the bridge. The first

time was the tunnel. I met him there and then

he seemed kind of concerned and he --

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Q. What made you think that, that he was

concerned?

A. Well, I had got held up for a while.

Q. I see. The time element?

A. Yes. So he asked me what the hold up

was. I told him I had to pay a tax, and so I

gave him the -- I showed him the receipt and it

was the Rayns name on it. And, of course, I

gave him the Galt name when I first met him,

but he didn't say anything about it. He didn't

seem to -- anyway we drove back on into

Detroit.

Q. He rode with you?

A. Yes.

Q. Okay. Mr. Ray, at that point had Raul

ever given you any information about where he

was from or his last name or anything at all

about his background?

A. No. He was paying the bills so I never

did make any inquiries about, you know, his

last name or anything.

Q. Now when you say, "paying the bills,"

what bills was he paying?

A. Well, he was paying -- I was an

employee I guess you could call it.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Q. He had given you some money at that

point?

A. Yes.

Q. How much money had he given you?

A. About sixteen or seventeen hundred

dollars maybe.

Q. And that was for taking this across the

border?

A. Yes.

Q. Is that what it was for?

A. Yes.

Q. Now, was that -- had he given you that

before you started across the first time or was

that after?

A. No, that was the second time. He

didn't give me nothing the first time.

Q. Okay. All right. And where did you

and Raul go in Detroit? How long did you stay

there?

A. We didn't stay there very long at all.

He -- after he got the material out, he told

me -- he said had had some problems getting the

passport and he said that, you know, he would

get them later. So he just asked me to, you

know -- we -- see, there was a lot of deception

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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going on here. I didn't intend -- if I had got

the passport and the money, I didn't intend to

go to Birmingham or anywhere else. I intended

to go back across, you know, back to Canada.

So anyway when he -- he said he had some

problem getting the passport and he said he

would get it the next time. So I went ahead

and agreed to go to Birmingham. And he

mentioned that I should check -- when I got

there, check the general delivery at the post

office under the name of Eric S. Galt.

Q. Was he going to get you a passport in

Canada or an American passport or did he say?

A. He didn't say. The only thing he ever

mentioned were travel documents, and I didn't

know what they were. As I mentioned,

subsequently I learned they were, you know,

one-way tickets to somewhere.

Q. Okay. When you and Mr. -- when you and

Raul got into Detroit, when was the next time

you saw him after that?

A. The next time I saw him would have been

in Birmingham.

Q. All right. Now at that time, when you

were taking these -- you made the two trips

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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across there, is that when he told you he

wanted you go to Birmingham or had he mentioned

that to you earlier?

A. No, we went through all that in the --

Q. Montreal?

A. Montreal. Yes.

Q. Okay. And what did he tell you he

wanted you to go to Birmingham for?

A. Well, he just said, you know, we can

make some more money and I could get another --

he promised me for certain I would get a

passport if I helped him again, and I don't

know what all the details he gave me. He told

me some things in Birmingham and some things in

Detroit, but I can't differentiate everything

he told me. I know it was just -- he asked me

to come down there and --

Q. He never told you why he wanted you to

go to Birmingham?

A. No. I don't believe he mentioned it.

I assume he mentioned -- I think he mentioned

something about Mexico. I'm not one hundred

percent certain, but I think he mentioned

something about Mexico, and, you know, money,

passports, things of that nature.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Q. All right. Now, after you were in

Detroit with him, did you go back to Montreal?

A. Did I? No, I went to -- I went to

Chicago and then went from there to Birmingham.

Q. Okay.

A. See I went to Chicago. And he

mentioned, you know, before we went to

Birmingham he was going to get a different car

and things of that nature because the car I

had was a -- it run all right but it was

getting kind of old. So I decided to get rid

of the Plymouth. I gave it to my brother and

then I went on to Birmingham.

Q. Okay. When you were in Gray Rocks, did

you drive this Plymouth to Gray Rocks?

A. Yes, I did. I drove it to Gray Rocks.

Q. Did you actually meet some female

there?

A. Yes.

Q. And did you spend any time with her?

A. Well, I met her there. It was the

last -- probably about five days after I was

there I guess, I saw her -- subsequently I did

see her in -- she came to Montreal on vacation

and I saw her up there sometime in July. Then

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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I saw her again before I met Raul. I

stopped -- I was going to -- about the

passport, you know, I was thinking -- I had

mentioned about -- I was thinking about asking

her again before I met Raul in Windsor, but

she worked for a government agency so I thought

I --

Q. In Montreal?

A. Yes, she worked for -- no, Ottawa. I

met her in Ottawa. She worked for the Canadian

government.

Q. You said you saw her in Montreal.

A. Yes, I saw her three times. Once in

Gray Rocks and then I gave her my address in

Montreal and she just happened to come over

there on some type of vacation. She was up for

a couple of days and the third time I met her

was in Ottawa. Yes, it was either Ottawa or

Toronto.

Q. Did you ever --

A. It must have been Ottawa.

Q. Did you ever go to her home at any

time?

A. No, I never went to her home. No, I

think she was married and divorced and had

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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children.

Q. Okay. When Raul wanted you to go to

Birmingham, did you tell him that you had never

been to Birmingham?

A. When he first approached the subject in

Montreal, I knew Birmingham was bigger than

Mobile, which he wanted me to go to, but I

never did. Did he tell me -- did he ask me if

I had ever been in Birmingham before?

Q. No, sir. You said he mentioned that he

wanted you to go to Birmingham. I am just --

was wondering did you tell him that you had

never been to Birmingham?

A. I don't believe I told him that, no.

It wouldn't have been no reason. I was just

going to check the post office.

Q. Okay. He had given you sixteen or

seventeen hundred dollars?

A. Yes.

Q. All right. And you had gone to

Chicago. How long did you stay in Chicago?

A. Just about one or -- well, I stayed --

when I left Detroit, I think I stayed in a

motel.

Q. Okay.

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A. Right outside there. I think I stayed

in one motel for -- right outside Alton for a

day. And then I saw my brother, and I think I

stayed there maybe one or two days. I'm not

certain about these things.

Q. Did you drive the Plymouth to

Birmingham?

A. No, I gave that to my brother.

Q. Okay. How did you get to Birmingham?

A. I rode a train.

Q. From Chicago?

A. Yes.

Q. Okay. Well, when you left Chicago to

go to Birmingham, Mr. Ray, did you have any

idea how long you were going to be there in

Birmingham?

A. Not -- well, not when I went there.

No, I didn't have no -- I assumed it wouldn't

be very long since we was going to make some

type of, you know, run somewhere.

Q. Okay. What about -- excuse me, okay.

About when did you arrive in Birmingham

roughly?

A. I arrived there sometime in --

Q. In 1967 or 1968?

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A. Yes, 1967. It must have been late

August, the 25th or 23rd or 27th.

Q. Now, let me ask you something. Had

Raul given you any telephone number to contact

him if you needed to?

A. Yes.

Q. And do you remember what city the

telephone number -- was it a Chicago number or

a Montreal number, what city was --

A. No, it was a New Orleans number, yes.

Q. Had you ever been to New Orleans at

that time?

A. Had I ever been to New Orleans?

Q. Right.

A. Yes. I was in -- I was in there one

time when I went to Mexico earlier in 1959.

Had stopped there for one day.

Q. Okay. When you reached Birmingham did

you try to call Raul with this telephone

number he had given you?

A. No, I --

Q. You did not?

A. No.

Q. Okay. How long were you there before

you heard from him?

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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A. It was a very short while because I

went to the -- I don't know just what day it

was. I know I went to the post office and it

was either a Sunday or a Monday and there was

some kind of letter from him. It was -- it was

addressed to Eric S. Galt, general delivery.

Q. Okay. What did the letter say?

A. Well, it just said met him at a bar

called the -- I can't recall the bar right now

but it's right across the street from the post

office.

Q. Okay. Now, when you went to

Birmingham, he didn't tell you why he wanted

you to go there at all?

A. Well, it had something to do with

illegal activities, yes.

Q. Okay.

A. The bar's name was the Spotlight Bar.

MR. BLEDSOE: At which point

Mr. Pepper states Starlight.

A. Starlight Bar, yes.

Q. Okay. You received the letter from him

and he told you to meet him. And how long did

you meet him after you got the letter, how long

was it before you met him?

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A. Well, I'm not certain about that. It

was real close there. It might have been --

see, that place is closed on Sunday I believe.

It was probably a Saturday or a Monday, but it

could have been a Saturday but it wasn't too

long after I got the communication. It wasn't

over a day or two.

THE COURT: Let's stop there. How

much more do you have?

MR. BLEDSOE: I'm on page 95. I

don't know how long the entire deposition is.

THE COURT: You're going to read

the whole thing?

MR. BLEDSOE: I believe so.

MR. GARRISON: Your Honor, it's

most of it. It's in sequence so we are going

to have to read most of it.

THE COURT: All right. Well,

let's -- we'll stop and resume at 2:15.

(Lunch recess.)

(Jury out.)

THE COURT: Are we ready to

proceed?

MR. GARRISON: Your Honor, before

we start I would like to enter a motion on

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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behalf of Mr. Jowers and at this time, if Your

Honor please, the defendant Mr. Jowers would

move for a mistrial on the grounds that he is

under the care of a physician and disabled and

unable to be here. He's on medication where

he's moderately coherent, and he can't be here

to defend himself. He can't be here to offer

testimony in open court.

He was here the first several days.

He became ill during the trial, and on behalf

of Mr. Jowers, based on the statement of the

physician that's been treating him, ask Your

Honor to declare a mistrial.

Your Honor, I might add this is at the

request of the defendant and his family and

another attorney.

THE COURT: Do you have anything

in support of Mr. Jowers' physical condition?

MR. GARRISON: I have the exhibit

we presented this morning.

THE COURT: Let me see that again.

MR. GARRISON: In the statement

the physician says that he's not able to attend

court.

Your Honor, I might add that is the

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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second physician that has stated he is unable

to attend court. I have the other report, I

don't know if I can find it now, but I have

another physician who will also say the same

thing that's here in Memphis.

THE COURT: I'm not -- let me see,

it says: Judge, Circuit Court, Memphis,

Tennessee. It's dated December 3rd, 1999.

Ross DeBoole, M.D., Reelfoot Medical --

Reelfoot Family Medical Center, 229 South Court

Street, Tiptonville, Tennessee. "Your Honor, I

have examined Mr. Loyd Jowers on December 2nd

and 3rd, 1999, and performed laboratory tests

through Med Lab. Mr. Jowers suffers from

severe cerebral arteriosclerosis, clinically

significant malnutrition, ongoing urinary tract

infection and headache which are probably of

vascular origin for which he is receiving

treatment which will on December 9th, 1999. I

would appreciate your excusing him from

judicial proceedings during this time."

I'm not sure I understand what that

means "which will on December 9th." What does

that mean, Mr. Garrison?

MR. GARRISON: I think it's

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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continued through that date is what I

understand.

THE COURT: You mean his

treatment? It says: "I would appreciate your

excusing him from judicial proceedings during

this time." That's not the same thing as

saying that he is unable to attend and -- I

don't know. I have some question in my mind as

to whether or not the doctor was aware that

he's already involved in judicial proceedings,

that is, a trial. And I don't know whether

Mr. Jowers' condition is serious enough that it

would warrant the interruption of the trial.

He simply says: "I would appreciate your

excusing him from judicial proceedings during

this time."

MR. GARRISON: Your Honor, would I

be able to ask the Court to recess long enough

for me to get a little further information from

the doctor so we could determine whether or not

he thinks he is completely disabled and unable

to attend because of the medication he's on

he's not fully aware of what is going on?

MR. PEPPER: May I be heard, Your

Honor?

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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THE COURT: Mr. Pepper, yes.

MR. PEPPER: Your Honor,

plaintiffs strongly oppose this motion.

Mr. Jowers was in the court early on in these

proceedings. Plaintiffs would have called him

then, did not do so. We are prepared to call

him at a later time when he was unavailable.

Plaintiffs were then prepared to travel to

Mr. Jowers' home and take his deposition at

this earlier time as well long before the 3rd

of December when he was examined by the

physician.

Plaintiffs received word from counsel,

Mr. Jowers, that if we did so, he would only

plead the Fifth Amendment to any critical

questions that would be asked and that would be

the extent of his defense. He would knowingly

plead the Fifth Amendment.

Plaintiffs at that time did not wish

to waste the Court's time and a day of these

proceedings by traveling up there and elected

not to go and not to depose Mr. Jowers.

Instead plaintiffs inserted into the record a

great deal of relevant information previously

given by Mr. Jowers under oath in a deposition

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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in a prior case, which although the cause of

action was different, dealt nevertheless with

the same facts in issue here.

Plaintiff notes also would ask the

Court -- respectfully ask the Court to consider

the fact that after Mr. Jowers absented himself

from court, he allowed counsel to continue.

And counsel continued with his defense up to

and through the point where plaintiffs have

closed their case.

Now, all of plaintiffs' submissions --

entry of submissions in this action have been

put before the Court and the jury and

plaintiffs' case has been closed. Counsel for

the plaintiffs believes that counsel for the

defense has probably been in touch with

Mr. Jowers on a regular basis reporting as to

what has happened in this courtroom thereby

giving him the opportunity to make any comments

or provide any instructions which he would --

he would want to do even though he has been

outside of the court.

For all of that -- those reasons, and

for the fact that we have come so far in these

proceedings and there is so much evidence here,

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

(901) 529-1999

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Your Honor, we oppose this motion and

respectfully request that these proceedings be

allowed to carry forward to a conclusion. And

if the defendant is unhappy and dissatisfied

with the result, he does have the remedy of

appeal.

MR. GARRISON: Your Honor, I just

say this in response to that. He was seen by a

physician here in Memphis about the third or

fourth day of the trial, and it appeared at

that time, I have a report somewhere, but that

he probably would be able to return to court in

a day or two. That's the reason it was asked

of Your Honor the first day he was absent to

tell the jury.

His condition has gone steadily down

since then because he had every intention of

being here. He was here the first several

days. And certainly you don't know whether he

takes a pill or what have you, that's his

prerogative and his privilege and his right in

court. And he does have a right to be here.

And he's not here because he's unable to be

here, and I can obtain further medical proof

regarding that issue if the Court would permit

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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me to.

But I think certainly at this point

the Court would have to seriously consider the

motion because the defendant -- because if he

hadn't been here at all, it would be a

different thing. He was here the first few

days, and I think because of his condition that

he has -- was not here because he can't be

here. And I think he has a right to be here to

defend himself however he want to defends

himself. He doesn't have to take the stand at

all if he doesn't want to, but he does have a

right to be here and he's not here because it's

no fault of his.

I think under the circumstances, Your

Honor, the Court should seriously consider

declaring a mistrial of the case. If we need

to get his -- a recess, we can get his

deposition and what have you. I don't know how

long that will be but whatever it takes.

MR. PEPPER: Your Honor, if this

were a defendant who were legitimately

interested in providing evidence under oath to

this Court, and as being denied the opportunity

to do so because of his condition of his

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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health, that would be one thing. But I

respectfully suggest to the Court that this

defendant if he were to take that stand this

afternoon or any other time would in fact

invoke the Fifth Amendment and would not

otherwise characterize his defense.

MR. GARRISON: Your Honor, if I

might just say this: He's been present every

time. We spent two days with Mr. Ray taking

his deposition, he was present there. He has

been present when Doctor Pepper took his

deposition. He's been present every proceeding

we've had. It's not that he doesn't have an

interest in defending himself. He has been

present every time. Of course, this is the

first time during the trial he has become ill

and can't be here. Certainly he had the right

to be here, and I -- I think under the rules,

if Your Honor please, as I understand them if

he's unable to be here, the Court would either

have to declare a mistrial or recess the Court

until we can get better information about it.

THE COURT: This morning before

the motion was made, you indicated that the

defendant's proof was complete except for the

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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reading of Mr. Ray's deposition. Is there any

additional proof that you know of that would be

presented on behalf of the defendant?

MR. GARRISON: Your Honor, at this

moment I have a subpoena out for another

witness. Whether or not the process server can

get the witness, I'm not sure. If he does,then

we would have another one. If not, well, that

would be -- in fact, Doctor Pepper gave me the

address of the witness this morning and we are

trying to get served. So far I'm not sure if

he's been served.

THE COURT: Well, it was suggested

to me that in spite of his condition and even

after this exhibit was made in the proof --

this exhibit was made a part of the record,

that the defendant was still prosecuting his

case and getting out subpoenas.

MR. GARRISON: That was before I

received this information from you that we

issued the subpoena.

THE COURT: It seems to me that

the suggestion of a mistrial comes a little

late after the plaintiff has continued in spite

of the knowledge that his illness and at the

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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request and permission of the defendant the

trial has progressed. And at this point there

is nothing culpable to be presented by the

plaintiff because they have closed their proof,

and the onus is now on the defendant to come

forward, although he has no burden to begin

with. If there is proof to be presented in his

behalf, we have reached that point where he

should do so.

Now, the defendant has made prior

testimony -- statements in this case -- not in

this case but on the issues involved. And at

the time that the statements were made, he was

under oath and his testimony sworn to. So that

if he were to be presented now as a witness, he

could only reaffirm the testimony that he has

previously given. Or if he contradicted it, it

would only nullify his testimony having given

diametrically opposed statements would not

bolster his position here but would simply

nullify all of his testimony. So if there is

any proof from which the defendant can benefit,

it would not be coming from the defendant

himself at this point.

Also the letter that I have here it

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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does not unequivocally state that the defendant

is unable to attend but simply requests that he

be excused. For all of the reasons I have

stated, I'm going to deny the motion at this

time. We are going to proceed.

MR. PEPPER: All right.

THE COURT: Bring the jury out

please, sheriff.

(Jury in.)

THE COURT: All right. Are we

ready to proceed?

MR. GARRISON: Yes, sir, we are

ready to resume with the reading of the

deposition of James Earl Ray.

THE COURT: All right, sir.

(Whereupon, the following is the

continuation of the reading of the deposition

transcript of James Earl Ray.)

Q. Okay. And when you met him at this

Starlight Bar, was he driving anything, was he

with anyone else or tell me about it?

A. No. As far as I know, he wasn't

driving anything. I just met him at the

Starlight and --

Q. Did you get there first or did he get

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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there first?

A. I got there first.

Q. All right. Now, when you saw him at

the Starlight Bar, what did he tell you then he

wanted you to do?

A. Well, he had quite a few things to do.

I'm not certain the sequence he wanted to do

it. He wanted to purchase a car and he also

wanted to buy some sophisticated photographic

equipment. And then I don't know just what

he -- what he -- all he went into that day and

what he went into the next day. But we just

had -- he just had -- generally that first

meeting I think was just to see if I was okay

and was ready to do what he wanted to do.

Q. At that point you still didn't know his

last name?

A. No, I didn't.

Q. And you didn't know where he was from

or anything about his background?

A. I didn't know anything, no.

Q. How long did you stay in the Starlight

Bar when you met him there?

A. The first time?

Q. Yes, sir.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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A. It wasn't very --

Q. After you got the letter.

A. Yes. It wasn't very long because he

had me -- I think it was -- I believe it

was getting -- it was getting along close to

evening. It was a little later than we usually

met.

Q. Okay. Now he gave you some money then,

did he?

A. No, he didn't.

Q. He didn't? Okay. He wanted you to

purchase a car?

A. Yes.

Q. And some from photographing equipment?

A. Yes.

Q. And what did he tell you he wanted with

the photographing equipment?

A. Well, he didn't tell me. He just told

me what he wanted.

Q. What type of photographing equipment

did he want?

A. I don't know. It was just wrote down.

I didn't -- when I -- subsequently when I went

to buy it, I think I showed the clerk, you

know, what I wanted.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Q. Okay. Did you go straight that day and

get it?

A. No, no. I didn't have the money at

that time.

Q. How long was it before you purchased

the photographic equipment?

A. Well, subsequently we had another

meeting and then he started to look for a car.

And he had to me look for a car and he stayed

around there somewhere. I don't know where he

stayed at. But anyway it took me two or three

days to locate a car.

Q. Where were you staying?

A. I was staying at 2800 -- 20 something

Highland Avenue in Birmingham.

Q. Is that a rooming house?

A. Yes.

Q. When did you meet him in Nashville, was

that the next day or the next two or three days

or --

A. After I got there?

Q. Yes, sir. After you met him the first

time at the Starlight.

A. I am not certain it was the next day.

Q. Okay. Did you met him in the Starlight

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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the next time again, the same place?

A. Yes.

Q. All right. And again, you don't know

how he got there, whether he walked up, drove

up or someone brought him to the Starlight?

A. No. I was usually -- I know whenever

he had a meet -- we had a meeting I was usually

always the first one there.

Q. Now he had given you a note to purchase

some photographing equipment and then the

second time you saw him did he give you some

money to purchase it with?

A. Well, I think the first time we

purchased the car when I found the Mustang and

I don't know if you want to go into all the

details how I found it, but anyway I got it.

He had agreed to -- I told him what kind it was

and everything. So he agreed to purchase it

and then he gave me the money to purchase it

with. And I went down and purchased the car.

And then after I got it, after I got the car, I

drove back to the Starlight, picked him up and

then we went to Highland Avenue and we parked

out there near the rooming house and that's

when he went into the photographing equipment

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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and what all he wanted me to do.

And I think he -- I can't recall just

how much money he gave me now to -- the Mustang

cost about nineteen hundred dollars. He paid

for that. Then he gave me some more money, and

I have got all this stuff wrote down somewhere.

I think it was -- I am not certain just how

much it was. I think the photographing

equipment come to about five hundred dollars

but he gave me some extra money anyway.

Q. When he gave you the sixteen or

seventeen hundred dollars in Montreal, was that

in large bills or small bills or what?

A. It was sort of small bills, twenty

dollar bills and it was mixed currency. It was

United States and --

Q. Now, Mr. Ray, when he gave you the

money to purchase the car and the photographing

equipment, was that large bills or small bills

or what?

A. I can't -- I think -- I think the

Mustang, I'm not certain. I think it must have

been some rather large bills because they would

have, you know, been kind of bulky. I can't

remember just what all the denominations was.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Probably the person that I bought it from might

remember.

Q. At that point did he tell you what he

wanted you to do, why he wanted the

photographing equipment or any job he asked you

to do or any reason he wanted you to buy a car?

A. Well, yes. He went through that we was

going to Mexico and I was going to -- we was

going to make some type of --

Q. When were you going to Mexico?

A. Well, there was no specific date. It

was about -- I think it was about 30 days and I

think he subsequently -- the date was set up,

but it was about 30 days. I think it was

sometime -- I was supposed to meet him sometime

in early October and -- or let's see, yes,

early October and we went to Mexico.

Q. Did you still have your driver's

license at that point, the same driver's

license?

A. The Rayns?

Q. In Illinois.

A. No. While I was in Birmingham I -- the

landlord at the apartment I stayed in, a guy

named Peter Cherpes, C H E R P E S, he went

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down to the state highway patrol and he drove

the car down. So they gave me a driver's test

and I got a driver's license.

Q. In Alabama?

A. In the Galt name, yes.

Q. Eric Galt?

A. Yes.

Q. You didn't have the Mustang at that

point though, did you, when you got your

driver's license?

A. Yes, I did.

Q. You had already purchased it?

A. Yes.

Q. Okay. You purchased the Mustang

through an ad, is that the way you purchased

it? How did you find out about it?

A. I believe it was the want ad, yes.

Q. You called some man that had the

Mustang for sale and you asked him about it and

you went out to see it?

A. Yes. I went -- you have less problems,

you know, with police and things. Yes, I

got -- he told me where he was at.

Q. How did you get out to where he was?

A. Well, I probably took a taxi out there.

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Q. Okay. And that was at his home, the

person who you purchased the car from's home?

A. Yes.

Q. Okay. Did you -- when you arrived at

his home, did you drive the car, the Mustang?

A. No, I didn't drive the car. I told him

I didn't have no driver's license, and I think

his -- he drove me around in it and --

Q. What model Mustang was that?

A. I believe it was a 1966 or 1967.

Q. And what color was it?

A. It was sort of a whitish.

Q. Okay. Then did you decide then to buy

it?

A. Yes.

Q. Okay. Did he owe any money on the car?

A. No.

Q. And you paid him in cash; is that

correct?

A. Yes.

Q. And he gave you a receipt?

A. I believe he -- yes, I believe he did.

Yes.

Q. And then how did you leave?

A. I drove it.

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Q. Where did you drive it to?

A. Well, I went to -- I went to the

Starlight to pick up Raul and then from there

we went back to the Highland Avenue apartment.

Q. How did you know he was going to be at

the Starlight?

A. Well, he gave me the money there and he

told me to meet him there after I got the car.

Q. You told him you were going to go look

at the car?

A. Yes. I told him I was going to

purchase it, yes.

Q. Did you and Raul go for a ride in the

car?

A. No. I can't remember all the sequence,

how I bought the car, but he didn't go for no

ride with me. I think I told him I didn't have

a driver's license and I think that concerned

him. But we went up there and parked in the --

the Highland Avenue and so I think that was the

extent of our driving around.

Q. And then you had gotten your driver's

license pretty soon after that I gather?

A. Yes.

Q. All right. When did you see Raul

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again after that, after this time where the two

of you rode in your car?

A. I saw him at a motel in Nuevo Laredo,

Mexico.

Q. Now, I gather you had planned that

night or the day you saw him with the Mustang

to go, is that correct, you had planned then to

go to Mexico?

A. After we purchased the Mustang?

Q. Right.

A. Yes. He explained everything to me

after we went back to the Highland Avenue

apartment.

Q. What did he explain to you?

A. He told me he wanted the camera

equipment. I think he gave me some money

there. I guess it was a thousand dollars I

would estimate, but I think the camera

equipment cost about five hundred dollars or

something. He may have given me more, but I

just can't recall just exactly.

Q. Where did you purchase the camera

equipment?

A. Well, I purchased some of it at the --

in downtown Birmingham. I just showed the

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lady, you know, what I wanted. Some of it they

didn't have on hand. I guess it was some

specialized equipment. They had to order it

from Chicago but --

Q. So you had to wait until they ordered

it and get another date?

A. Yes. I never did get it. I called up

Raul's contact. He had a contact in New

Orleans, and I called him up and told him that

I was having problems, you know, getting one of

the items he wanted. And the contact said,

well, just forget it and come down here for a

certain -- and come down here a certain date,

and so I never did get the -- I don't believe I

ever did get the camera.

Q. Okay. Mr. Ray, did you have more than

one number to contact Raul or did he only give

you one number to call him in New Orleans?

A. He gave me -- let's see, I had two

numbers altogether.

Q. All right.

A. In fact, I had three. I had one in

Baton Rouge. I got that later, but --

Q. Were these numbers written down on

something or did you just memorize them or how

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did you know to call, what numbers? How did

you know to call these numbers?

A. I never wrote -- I usually write stuff

down backwards so if the police stops you or

something.

Q. How long did you keep those numbers?

A. Well, the first number he had me throw

it away when we was in Mexico. He said he had

a new number. That's when I took his -- this

material across the border in Mexico in October

of 1967. And then he gave me a -- then I

also -- yes. And then when we was in

Birmingham, I think I was still using the first

number, but he also gave me a backup number in

Baton Rouge.

Q. How long did you keep those numbers?

A. I don't think I kept them too long. I

kept the last one he gave me in Mexico. I

think I kept it until sometime in, you know,

1968.

Q. Did you -- do you still have the

number -- the number of when you were arrested

in London?

A. Do I still have the telephone numbers?

Q. Uh-huh.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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A. The --

Q. Any of these numbers.

A. Yes. I remember the last four digits

of the New Orleans telephone number.

Q. Okay. Did you ever furnish those to

any lawyer that represented you?

A. Yes, they're on file in court, yes.

Q. Okay. You met Raul then in Laredo

next?

A. Yes.

Q. Okay. And what did you do there?

A. I met him in a motel. I was supposed

to be there, and I -- I was supposed to meet

him at a certain time there in a motel. I

can't think of the name of it. It's on a main

street. Going into Laredo it's on the

left-hand side of the street going south, and

the motel when you have to drive up, it's sort

of an incline for 40 or 50 feet and then you

turn left. And subsequently you can't see any

cars or anything from the street. So I

rented -- I checked in there under the name

Eric Galt. And after I was there about, I

don't know, thirty minutes or so, then Raul he

showed up and --

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Q. He told you where to check in or he

knew where you were going to be?

A. Yes.

Q. Okay. And when he came that time, was

he riding in something or did someone bring him

or how did he get there?

A. Pardon?

Q. Was he riding in something, did someone

bring him, how did he get there?

A. He just showed up at the door and that

was it. I don't know how he got there. I got

the address in New Orleans. See, initially I

was supposed to meet him in New Orleans, but

when I got there, his contact said he was gone

and he gave me a place to meet in Nuevo Laredo.

I should have mentioned that earlier but all

these details.

But anyway, when he got there in the

motel in Nuevo Laredo we just had a sort of

brief conversation and he told me that he

wanted me to get a visa. See, when you come

into Mexico and go in border towns, you don't

need no visa. He wanted me to get a visa, and

he also wanted me to go across the border and

pick up some material.

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Q. And you had an Alabama driver's license

at that time?

A. Yes.

Q. Okay. Go ahead.

A. So anyway we left and we crossed then

back into Laredo which is right across the

bridge, and I think we went about maybe seven

or eight blocks north and then we turned right

and went west for a couple of miles. This is

my estimation, and he parked behind a car and

then there was some dude sitting in the car

and --

Q. Wait a minute. Now, what was he

driving?

A. He wasn't driving anything.

Q. You said he parked behind a car.

A. Well, we parked behind a car. I was

driving.

Q. I got you.

A. So he got out of the car and apparently

he had -- see, I gave him a set of keys to the

Mustang. The owner gave me two sets, and I

gave him one of them in Birmingham anyway.

Q. This was in Laredo we are talking

about?

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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A. Yes. We are in Laredo now.

Q. Okay. Let me back up just a minute.

You had gone -- you had gone from Birmingham to

Laredo straight. In other words, you hadn't

gone any place, you hadn't veered off any other

place?

A. Yes, I veered off in -- I stopped -- I

stopped briefly. I didn't veer off. I stopped

briefly in the -- somewhere in northern

Louisiana I think it was or Mississippi.

Q. Okay.

A. I had purchased a .38 caliber revolver

and some shells.

Q. Okay. What had you done with your

other .38 caliber?

A. Yes, after I left the -- left Montreal

or Ottawa I was concerned about maybe, you

know, the police arresting with me a .38 and I

buried it by -- I went down the side street and

I buried it under a -- I think it was -- beside

a telephone pole.

Q. In Montreal?

A. No, no, on the highway.

Q. Okay. Somewhere between Montreal and

Birmingham?

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A. No, somewhere between Montreal and

Windsor, Canada.

Q. Okay.

A. Okay.

Q. Now, when he came to Laredo and met you

there, he just wanted to you go somewhere, you

didn't know why you were going or where you

were going, he just said, let's go somewhere?

A. He told me what we was going to do. We

was going to -- we was going across the border

and then we was going to put some stuff in the

tire and then I -- we exchanged tires.

Q. You're talking about drugs?

A. I don't know what they was.

Q. He didn't tell you what it was?

A. No. It was just in the tires is all I

know.

Q. You mean in the tires on the car or on

the spare or what?

A. The spare tire.

Q. And you said he stopped somewhere and

you pulled up behind some other people in

another car?

A. Yes. There was another car there.

Yes.

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Q. Okay. And what happened then?

A. Well, he just got out and took the

spare tire out of the car in front of me and

then got the spare tire out of the back of my

car and we -- that was it. He just changed the

tires and then we went back across the border.

Q. And where did you go across the border?

A. Well, when we crossed the border and we

went to the customs house, he told me he wanted

me to get a visa. And he also told me when I

checked into the -- to get the visa to give

each one of the individuals that searched the

car a dollar. He said not to give them no

more.

So I went into the office and while I

was making out forms for the visa, I parked the

car in the back and when I came -- when I got

the visa form filled out, I went in the back

and there was three Mexican customs officials

in the back and I gave each one of them a

dollar and they didn't hardly shake the car

down. They took the chalk mark and marked

everything with an X and that was it.

Q. Okay. You pulled up behind a car. Did

it have some other individuals in it, the car

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you pulled up behind?

A. Yes. It had one in the driver's seat,

yes.

Q. Was that a man or a woman?

A. It was a man.

Q. Did it appear to be someone Spanish or

could you tell?

A. I just seen the back of them. I just,

you know --

Q. What time of day are we looking at?

A. It was after dark.

Q. It was after dark?

A. Evening, yes.

Q. What kind of car did he have?

A. I really don't know. I had been in

jail. I didn't know one car from another

really.

Q. Mr. Ray, at that point had you ever

owned any type of rifle up until this point

when you got into Laredo?

A. Did I ever own a rifle?

Q. Right.

A. No. I never -- probably when I was ten

or twelve years old I used to, you know, hunt

with a rifle, a .22 rifle.

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Q. .22 single shot?

A. Yes.

Q. Is that the only rifle you had ever

owned?

A. Yes, that wasn't mine. That was my

father's.

Q. Okay. You purchased a rifle in

Birmingham, did you not?

A. Yes.

Q. And you took it back and exchanged it

for another rifle, right?

A. Yes.

Q. And then you left Birmingham heading

towards Memphis; is that correct?

A. Yes.

Q. All right. And did you have any

ammunition with the rifle?

A. Yes, I purchased some ammunition at

the -- at the --

Q. Store down in Birmingham?

A. Yes.

Q. Had you ever handled a rifle such as

this previously either in the military service

or any place? Had you ever had any rifle like

this in your hands previously?

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A. When I was in the infantry, you had to

qualify with what they call M-1 rifle.

Q. Did they -- did you have some training

to fire an M-1 rifle in the service?

A. Yes.

Q. All right. On the way from Birmingham

to Memphis did you stop and fire that rifle in

a rural area?

A. No, I didn't.

Q. You did not?

A. No.

Q. You never told anyone you did that?

A. Did I --

Q. Have you ever told anyone you stopped

and fired the rifle on the way from -- around

Florence, Alabama?

A. No, I never told anyone that.

Q. You have never written anyone and told

them that in writing?

A. No.

Q. You're sure now?

A. No, I never did fire it and I have

never told anyone that. I think William

Bradford Huie, he's a book writer, said I told

my lawyer that. He has written an article

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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saying that I fired the rifle, but the attorney

representing me at that time -- see, everything

I told Huie I wrote down on paper because I

never had no direct meeting with him. I think

he said Arthur Haynes said that I shot the

rifle somewhere along the road but Haynes has

denied it. So it's --

Q. So you did not fire the rifle?

A. No, I never did fire the rifle.

Q. Okay.

MR. BLEDSOE: And then Mr. Pepper

states Huie is H U I E.

Q. Now, we are in Laredo and you go across

the border again. Was this something -- was

this something in an attache case or something

like that and you did the same thing as you did

up in Windsor?

A. No. There was no attache case

involved. It was just the one tire.

Q. The spare?

A. Yes.

Q. Okay. You don't know what it was, of

course, he didn't tell you?

A. No.

Q. Okay. You drove across and you stopped

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to get a visa, did you have any problems with

that?

A. No. I didn't have no problems with

that.

Q. Where did you go in Mexico?

A. After I got the visa?

Q. Yes, sir.

A. Well, me and him went back to the motel

and we went kind of a circuitous route. He

directed me around, you know, the side streets.

We didn't go right straight down the Main

Street where the motel was.

Q. But you had gotten the visa and you

didn't go across the border then, you came back

to the motel?

A. Yes. I think we had picked up a tire

and we went back to the motel that I checked

into.

Q. You had gotten the visa and had it with

you?

A. Yes.

Q. Okay. You went to the motel and then

where did you go from there?

A. Well, when I got to the motel, there

was an individual. We parked on the right-hand

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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side of the street and there was an individual

in the car parked on the other side of the

street kind of blocking off the tram way that

led up to the motel. And so we had a brief

conversation there at the time, me and Raul.

And he told me he wanted to -- he would be back

in the morning and to, you know -- he would

meet me there in the morning.

And then he got the -- he got the tire

out of the car and I think apparently put it in

the other car, and then I -- I left, you know.

I wanted to get out of there. I didn't want

to -- in other words, I wanted to leave. I

didn't want to watch them and things of that

nature.

Q. When you were in Birmingham the time --

A. Yes.

Q. You stayed, what would you do all day

long, how would you spend your time?

A. When I was in Birmingham, I wouldn't do

too much of anything. I would, you know, just

walk around or something like that or take care

of running errands or trying to get

photographing equipment, that's about it.

Q. Had you become acquainted with anyone

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there, any females?

A. No. I didn't.

Q. All right. You're in Laredo and you

had gone back to the motel and what happened

next after that?

A. You're talking about Laredo? Now

after I --

Q. You had gone to get a visa and you and

Raul went back to the motel and you said you

had gone some place and someone exchanged

something and what after --

A. Now, after he changed -- he got the

tire apparently, the tire out of the back of my

car, he mentioned he wanted me to meet him

there at a certain time in the morning, at

eight or nine o'clock, I forgot which time it

was. So I drove on off and so I don't know

what happened to them. But this other guy was

sitting in the driver's seat. I don't know

whether he could drive or -- I just don't know

what happened after that.

Q. Okay. Well, where did you wind up next

after that?

A. Well, after -- I drove -- I guess I

drove about a mile and then I come back and

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they were going -- and I drove in the motel and

I just checked in and went to sleep and got up

the next morning and waited for them.

Q. Okay. How long did you stay in Laredo?

A. Well, just that over night there. That

was it.

Q. And where did you go -- where did you

go after that, after you left Laredo?

A. Well, the next morning he showed up and

he parked in there, I think he backed in.

Q. He was driving this time, you're

talking about Raul?

A. No, he wasn't driving, someone else was

driving the car.

Q. He was with somebody else?

A. Yes.

Q. Okay. What kind of car was it, do you

have any idea?

A. I don't have no idea. It was a

Chevrolet or a dark car.

Q. Was the person with him a man or a

woman?

A. A man.

Q. Okay. Was it daylight or dark?

A. It was daylight, yes.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Q. And this person that was with him, was

that someone that appeared to be Spanish, light

complected, could you tell anything?

A. He appeared to be Spanish, dark

complected. I didn't pay all that much

attention to him.

Q. Just the two of them in the car?

A. Yes.

Q. And Raul got out I guess and what

happened?

A. Well, he switched the tires back again.

He put the one that -- that he got in the

United States side, he put it back in the car

and got another one out and put it in his car.

Q. And then what happened?

A. Pardon?

Q. What happened after that?

A. Well, he just left. He told me that,

you know, he was going to -- going on the other

side of the customs. There was a customs house

about 50 kilometers inside of Mexico. And so

we just started, you know, driving towards the

customs house and --

Q. Did you cross the border?

A. No, we didn't go across the border. We

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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was going into the interior of Mexico at that

time.

Q. Okay. Well, did you go somewhere else

to another hotel or some place to stay a while

after you left?

A. No. We went straight -- this was about

nine o'clock in the evening. We went towards

the interior of Mexico.

Q. And did you go some place to Mexico?

Where did you stay after you left Laredo?

A. That morning at nine o'clock?

Q. Any time.

A. Well, we didn't stay anywhere. We

started driving into the interior of Mexico

after about 35 miles, 30 miles, we came to a

customs house and I pulled into the customs and

the customs officer came out there and he

looked at the front of my car and asked me if I

was a United States citizen, and I said, yes,

and he waved me on through. And while Raul he

was -- he was on the other side there,

apparently he got held up for some reason. I

don't know what the reason was and --

Q. He was not with you when you crossed;

he was not in your car?

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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A. No, he wasn't.

Q. He was in this other person's car?

A. The other person's car.

Q. Okay. Where did you wind up then?

A. Well, anyway after he -- after he

apparently got held up, I pulled out and drove

sort of slow for about four or five miles

waiting until he could catch up with me, you

know, if he got out of there. So he caught up

with me after several miles and pulled over in

front of me and we stopped. And he got out of

his car and come back and got in my car and we

had a conversation.

Q. Okay. Mr. Ray, have you ever given a

deposition before this time?

A. About what, other matters?

Q. About any subject matter before?

A. Yeah, I have given depositions in

prison cases, and one of the libel depositions.

Yes, I have given several depositions, yes.

Q. Have you ever testified in any court

about what you're telling me today, the same --

essentially the same subject?

A. Yes. I have testified in Congressional

hearings and all that, and I don't know if I

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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have testified in courts or not, but I have

testified under oath in depositions.

Q. Where you gave the same type

information you're giving me today, right?

A. Generally. I mean, I can't account for

every minute and things of that nature but --

Q. After you crossed the border, did you

go back to Laredo then after this time?

A. No. Once we got to -- once we crossed

the border from Laredo back into the United

States with the tire, we picked up -- we never

did go back to --

Q. Laredo?

A. The United States. No, we went

straight into the interior of Mexico.

Q. Okay. Where did you go in Mexico?

A. Well, we went to the customs house as I

mentioned, and then after -- after he was held

up briefly there or maybe a little longer than

briefly, after he caught up with me, which was

several miles down the road, three or four or

five, he pulled over in front of me and he got

out and, you know, got in the Mustang. I

pulled over to the side of the road.

Q. Okay. Did you go then to some city in

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Mexico where you spent some time?

A. No, I didn't. No. He just told me

that he wanted me to -- what he wanted me to do

and he gave me two thousand dollars and he told

me that -- he gave me another story about the

passport. And at that time I more or less gave

up on the passport.

Q. Where did you go then?

A. Well, he just -- he took off. I don't

know where he went. I went to --

Q. He left with this other -- same other

person that brought him?

A. Yes. He told me -- what he told me, he

told me he came -- he said he was going to

write to the general delivery, and I told him I

was going to Los Angeles probably, and he would

write me a general delivery in Los Angeles.

And then after financial transactions and the

photographing equipment, I had it, and he said,

just keep it, he didn't want it at that time

and after that he left.

Q. Had there been any mention of any guns

at that time, to purchase any guns?

A. Not -- I don't believe -- I don't

believe -- no. I think that came later on.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Q. All right. Then did you then go to Los

Angeles?

A. I subsequently went to Los Angeles,

yes.

Q. And how long did you stay there?

A. I went there in November, I believe,

about November. The middle of November of

1967.

Q. 1967?

A. Yes.

Q. Okay. And is this the time when you

attended the bartending school?

A. Yes, I did attend the bartending school

there.

Q. All right. Mr. Ray, did you become

acquainted with some people in Los Angeles that

you had never known before while you were out

there?

A. Yes. I became acquainted with one

individual.

Q. What was that individual's name?

A. Her name was Marie Martin.

Q. M A R T I N?

A. Yes.

Q. And did you then transport some

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individuals to New Orleans while you were in

Los Angeles?

A. Yes. I -- Raul had contacted me

and -- initially I wasn't going to get involved

with it any more but he wrote me a general

delivery at the main post office and he asked

me to contact him or something. I called him

at New Orleans and he wanted to see me a

certain date, an approximate certain date, and

I did agree to go to New Orleans and I went

down there with an individual named Charles

Stein. He helped me drive down there.

Q. Okay. S T E I N?

A. S T E I N, yes.

Q. And did some other -- were there other

individuals that accompanied you and Mr. Stein?

A. Not on the way down. On the way back

there was two young girls, five or six years

old, they came back with us.

Q. Was there some time in Los Angeles that

you were out there -- let me back up a minute.

You were out there you said about October of

1967 or November.

A. November.

Q. 1967. Now, were you ever back in Los

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Angeles after that?

A. After November?

Q. Right.

A. Yes. I stayed there until March, yes.

Q. Okay. So you stayed in Los Angeles

from November until March.

A. Yes.

Q. During that time you were there, did

you -- did you suggest or direct some

individuals to go and register to vote and that

they would support Governor Wallace for

president?

A. No, no, that's not correct. That's

sort of a --

Q. That's not true?

A. No. The way that transpired was that

Marie Martin's husband was in the -- apparently

was in San Quentin on a drug charge and she was

interested in getting involved in politics and

trying to get her, you know, brother out of the

penitentiary. So anyway I may have mentioned

to her -- I had been down there on Lackershime

Street in Hollywood. I think it's in North

Hollywood, California. Well, it's -- it is

somewhere down there, I know it's on

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Lackershime Boulevard, and I went down there

and purchased a tire for the Mustang and I

noticed the registration place. I assumed it

was for anyone who wanted to register to vote.

So anyway she mentioned this to me,

and I told her that, you know, I would take her

down there if she wanted to register. So the

day that I was going to take her down there,

she had two individuals with her named Charles

Stein, that's the first time I saw Charles

Stein, and she had another young lady with her

and I don't know what her name was, but they

were related. So I took her out there and she

was -- apparently she registered for George

Wallace.

So subsequently she kept -- you know,

she brought up the subject several times again,

and I told her at that time that the problem --

if she was interested in getting in politics,

she should have registered with the Republicans

because they controlled the state. I think

Governor Reagan was governor at that time. So

she went and re-registered then for the

Republicans and she showed me her registration

slip. She was all enthusiastic about this

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idea, but I never was -- I never thought much

of it. I was just going along with her

because, I mean, she couldn't have -- she was a

barmaid, and I imagine if she raised about five

hundred dollars she wasn't seeing the governor

with five hundred dollars. She would have

probably got, you know, locked up or something

like that for some nonsense.

Q. Were you ever in Selma, Alabama,

Mr. Ray?

A. I have been through there one time,

yes.

Q. All right. Weren't you there at the

same time that Doctor King was there, the time

you were there, wasn't he there, too?

A. If he was there, I wouldn't have knew

about it, but I -- subsequently I found out

that he wasn't there when I was there.

Q. How did you find out about that?

A. I think William Bradford Huie, the

writer we previously mentioned, said I was in

Selma when Doctor King was there but later on I

find out that wasn't true and I wasn't in

there. I just drove through there. I wasn't,

you know, a resident there.

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Q. Let me ask you this: Isn't it true

that a map was found with your fingerprints on

it that had Doctor King's home, his church, his

place of meeting, all that was circled, wasn't

that all found?

A. No, that's not true. There was a map

found in the rooming house that I was in in

Atlanta, Georgia. In fact, I had about 20

maps. I had marked some different maps. What

I did I marked the street I was living on and

the street I came in on and then I marked

Peachtree Street which is right off the street

I was living on. And of course that was

distorted and said that I had Reverend King's

house and church and residences and I had all

circles around it. Well, we subsequently found

out that wasn't true, which I knew it wasn't.

Q. You're saying that's not true. That

the map that the FBI had with your fingerprints

on it did not have any circles around the exact

place where Doctor Martin King's church, his

home and his meeting place were, is that what

you're saying?

A. Yes. What I did I made three oblong

circles on there as I recall. Now --

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Q. Go ahead, I'm sorry.

A. One was first, when I usually go into a

large town I usually buy a map to try to get my

bearings with me and find out where I'm at and

things of that nature. And I put the street

where I thought we had come in on and then I

put an oblong circle around Peachtree Street

and one around where I was living at.

And I had put an X down at an area

which is a restaurant I had went to, and I

don't think any -- I think maybe one of them

had enclosed Reverend King's house or

something. But the map, I have seen a copy of

the map, and there is no, you know, circles

around his house.

Q. Did you know where Doctor King's church

was located?

A. I had no idea.

Q. Do you know where his home was located?

A. No.

Q. How long had you had this map?

A. I had purchased it as soon as I had

arrived in Atlanta.

Q. Okay. When you were in Los Angeles

where were you staying, what motel or hotel

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were you staying in?

A. I was staying in an apartment house on

Serrano Boulevard.

Q. Did you leave Los Angeles from November

until March to go on a -- any other trip except

New Orleans while you were out there?

A. Yes. I went to New Orleans in December

and then a lot of things happened in February

and in March. Initially when we -- when I met

Raul in December, he said we would take some

guns into Mexico in that spring or early --

initially the date was set for April. But he

set the date up for March and consequently I

had to do quite a few changes there before I

could --

Q. Where did you go except New Orleans

when you left Los Angeles during this time, did

you go to any other city?

A. I went to Las Vegas, yes, once and that

was it.

Q. Now, you said you met Raul. Was that

in Los Angeles or was that in New Orleans? I'm

talking about from November until March when

you said you were in Los Angeles.

A. Yes, I met him in March, yes.

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Q. You had not seen him in New Orleans

when you were there?

A. Yes, I had met him there.

Q. Where did you meet him there?

A. A place called the Le Bunny Lounge on

Canal Street.

Q. Did you call him ahead of time? Had

you told him you were coming?

A. No, I -- when I got to -- yes, he knew

I was coming because he told me, and I had made

some phone call or I wrote him -- one time I

wrote him a letter and I think he wrote me a

letter. But I don't recall details. But I

think most of our transactions were made on the

phone, and he had me meet him there a certain

date in New Orleans in March of 1968.

Q. Okay. When you went with Mr. Stein,

what month was that?

A. That would have been in November. That

would have been -- wait a minute, that would

have been December.

Q. December of 1967?

A. 1967, yes.

Q. Did you see Raul then?

A. Yes.

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Q. Okay. Where did you meet him then?

A. Le Bunny Lounge.

Q. Okay. Same place?

A. Yes.

Q. How long did you stay in New Orleans

when you were down there?

A. Really not very long. As soon as I

seen him, I was ready to leave.

Q. Did you get -- did he give you any

money?

A. He gave me five hundred dollars, yes.

Q. Did he tell you he had any job he

wanted you to do or anything?

A. Yes. He explained in general terms.

Q. What was that?

A. Well, he was going to take some weapons

into Mexico.

Q. When did he tell you he wanted you to

do that?

A. It was something mentioned, I don't

know just what it was about, about we was going

to do this in April of 1968 or he might have

mentioned it later on the phone, his associate.

Q. When you were in New Orleans in

December, are we talking about three or four

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days, a week, two weeks, what?

A. That I was there?

Q. Yes, sir.

A. It couldn't have been more than two or

three days because I was ready to leave the

next day. Stein wanted to stay a couple of

extra days so I think we stayed probably two or

three days.

Q. Okay. The next time you saw Raul was

in March after that?

A. Yes, March.

Q. Mr. Ray, have you ever heard of an

individual named J. C. Hardin?

A. J. C. Hardin?

Q. Yes, sir.

A. I believe I have heard of someone named

Hardin, yes.

Q. Where did you hear that?

A. I think someone mentioned it to me

named Harold Wiseberg.

Q. What did Mr. Wiseberg tell you about

him?

A. I guess there's so much of this

information I can't get it all down. I think

Wiseberg said that I met him in Los Angeles.

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Q. Did you meet him in Los Angeles?

A. No, I didn't. I don't --

Q. Have you ever met a J. C. Hardin or

James Hardin?

A. No.

Q. You have never met him?

A. No. The reason I know that -- I didn't

meet anyone in New Orleans so -- I mean, Los

Angeles except the individuals I have done

mentioned.

Q. Okay. Okay. You stayed in Los Angeles

until March of 1968?

A. Yes.

Q. And where did you meet Raul next after

that after seeing him in New Orleans in

December, when and where did you meet him next?

A. Well, in one of the phone -- well, in

one of the phone conversations, I was supposed

to meet him in New Orleans on a certain day.

When I got there, he wasn't there.

Q. And about when was that? About what

month was that we're talking about?

A. Well, this would have been March,

sometime in the latter part of March.

Q. And in between December and March, had

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you had any contact with him?

A. Yes, I had contact with him.

Q. By telephone?

A. Yes. And plus in December meeting with

him in New Orleans.

Q. Now, in December when you met him in

New Orleans, you met him at the Le Bunny

Lounge, how long were you with him that time?

A. Not very long, 15 or 20 minutes.

Q. And you didn't see him any more except

that one time while you were in New Orleans?

A. Just that one time, yes.

Q. You had talked to him on the telephone

sometime after December of 1967?

A. Yes.

Q. All right. And where did he tell you

he was going to meet you?

A. I didn't talk to him directly. I

talked to the intermediary. I was doing

certain things out there in the -- I was trying

to get a passport, Merchant Seaman's paper and

all that stuff. And I can't remember all the

sequences what happened on certain days. But

anyway the gist of it is that we made -- he set

the date up where I was supposed to meet him in

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New Orleans. It was sometime in March of 1968

and --

Q. You were in Los Angeles from November

until March?

A. Yes.

Q. How were you getting financing?

A. Well, I went down in December, I told

him I was getting kind of low on money and he

gave me five hundred dollars. Plus I also

got -- he give me two thousand dollars in

Mexico, so I didn't have a whole lot of money

but, you know, I wasn't missing any meals or

anything like that.

Q. Well, at some point you had some

plastic surgery.

A. Yes.

Q. In Los Angeles.

A. Yes.

Q. What month was that?

A. Well, that would have been March or

February, probably February.

Q. Of 1968?

A. Yes.

Q. Okay. Now you had twenty-five hundred

dollars from November up until February.

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A. Well, I also had some money when I came

back from Canada, but I have got this all wrote

down on papers and things. But I can't

remember, you know, from --

Q. Did you work any job in Los Angeles?

A. No, I never did any -- I never did work

any.

Q. Did you do any robberies while you were

in Los Angeles?

A. No, I didn't.

Q. Now, at that time you -- I guess I

asked you earlier, you had never been to

Memphis, Tennessee, had you, at that point?

A. No.

Q. We are talking about in February 1968.

A. To the best of my recollection, the

only thing that -- I went south, I went in the

south in 1955. I could have come through there

but I don't know which town in the south I went

through. If I had have been there, I would

have just drove through and that would have

been it.

Q. Now, you had this surgery in February

of 1968 in Los Angeles.

A. Yes.

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Q. Do you remember how much you paid for

that?

A. Very little. I think it was $200 or

$250.

Q. How much did you pay for the bartending

course?

A. I don't know how much. That was one

hundred -- I would say I think it was a hundred

and twenty dollars. I don't know what it was.

Q. And you next saw Raul then in March of

1968?

A. Yes.

Q. And where did you see him?

A. The Starlight Club in Birmingham.

Q. Okay. When did you leave Los Angeles

to go to Birmingham?

A. Well, sometime in -- I'm just guessing,

probably the 22nd or 23rd of March, sometime

around there. I can't --

Q. Did you veer off and stay in any other

city for any length of time between Los Angeles

and Birmingham?

A. No, I came --

Q. Straight to Birmingham?

A. Yes.

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Q. And he told you he would meet you

there; is that right?

A. Well, I got -- I was supposed to meet

him in New Orleans, but when I got to New

Orleans, I called his number and his

intermediary told me to met him in the

Starlight in Birmingham. And he went on ahead,

he went on ahead to Alabama.

Q. Okay. Now, is that when you -- from

New Orleans you had gone then through Selma,

Alabama?

A. Yes. When I left New Orleans to go to

Birmingham, I think it was two roads that goes

to Birmingham, and I got on the secondary road.

I think that's when -- I went through various

small towns.

Q. Okay. Mr. Ray, isn't it true that not

only in Selma, but other cities you were

there -- just happen to be there when Doctor

King was there and other cities before that?

A. I don't know what cities that would be.

What cities was I --

Q. Wasn't he in Los Angeles while you were

out there?

A. I was out there first. I mean, he come

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in to town.

Q. Okay. Of course, you were in Atlanta

while he was there, weren't you?

A. Yes, I was in Atlanta, yes.

Q. Okay.

A. I think he was in Chicago when I was

there, but I was already there. So I mean, you

couldn't say that, you know, he was following

me. And I certainly wasn't following him if I

was there first.

Q. Have you ever made the admission to any

person that you were stalking Doctor King?

A. Did I?

Q. Yes, sir.

A. No. I have never admitted --

Q. You have never admitted to any person?

A. I have been accused of stalking him,

but I have never --

Q. Were you ever stalking him?

A. No, I wasn't stalking him.

Q. Have you ever told anyone that you were

stalking him?

A. No.

Q. You have never told anyone?

A. No.

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Q. When you were in Jim's Grill, did you

see Mr. Jowers there, Mr. Ray?

A. No, I didn't. When I first went in

there, there was a -- I was in there twice.

There's a possibility I was in there a third,

but I think I was just in there twice. I

thought the first time I was in there there was

a young either black or white woman there. And

the second time I was in there it was either a

black or white. Now I don't remember the

sequence. I don't remember if the first time

was black and the second time was white or the

other way around. But subsequently I was told

that there was no white woman in there, so --

but I was just in there three or four minutes

so I really don't know.

Q. The first time you were in there on

April 4th, 1968, what time roughly were you in

there?

A. Pardon?

Q. What time roughly were you in there?

A. Well, I must have been -- it must have

been somewhere around -- it was after -- it

was -- I was late getting there. I would say

it was after four o'clock.

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Q. Now, Mr. Ray, you had gotten into

Selma, Alabama, and gone into -- gone on into

Atlanta or Birmingham?

A. Birmingham.

Q. Birmingham. All right. And you met

Raul there?

A. Yes.

Q. All right. Where did you meet him?

A. The Starlight.

Q. Okay. And what did he tell you then he

wanted you to do?

A. Well, he -- we was going to Atlanta.

He said, you know, we was going to drive to

Atlanta.

Q. He was going to ride with you in your

Mustang?

A. Yes.

Q. Okay. How long were you in Birmingham

before you left to go to Atlanta?

A. Very shortly. Very shortly. I just --

Q. Talking about days, six days, five

days, a week, what, before you --

A. Well, when I met him at the

Starlight --

Q. Yes, sir.

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A. Before we went to Atlanta, probably

about five minutes.

Q. You left that same day?

A. Yes.

Q. To go to Atlanta? Had you been in

Atlanta before this?

A. Not unless I went through there in

1955.

Q. When you were talking about earlier?

A. Yes.

Q. You had never been to Atlanta?

A. No.

Q. What did he want to go to Atlanta for?

A. I didn't -- I didn't want to go there.

He --

Q. I said what did he tell you he wanted

you to go to Atlanta for?

A. Well, he didn't tell me at that time.

Q. Did you get -- did he give you any

money then?

A. No, he didn't.

Q. So you drove on into Atlanta, and where

did you stay there?

A. Well, he just directed me around to

kind of a rundown neighborhood. Well, it

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really wasn't rundown, but it wasn't a working

class neighborhood. We drove around briefly

until he seen or I seen a place rooms for rent.

So he told me to go in there and try to rent a

room in the place.

So I went in there and the landlord,

some dude, he was -- him and another guy were

drinking wine and I was trying to rent a room

from them. So I kept trying to, you know, rent

the room and I couldn't make much sense out of

him. So finally, you know, he was going to

rent me a room.

Q. Who was going to rent you a room?

A. The guy. I assume it was the landlord

at the time.

Q. Okay. Was Raul with you?

A. Pardon?

Q. Was Raul --

A. He was out in the car.

Q. Did you tell him you wanted a room for

two people or for one person?

A. No, just me.

Q. Okay. Where was he going to stay?

A. Well, I don't know where he was going

to stay.

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Q. Okay.

A. So he -- the guy told me he would rent

me a room. So Raul came in about that time

and him and this -- these other two guys were

drinking wine so the guy said that, you know,

he would rent me a room and I paid for it. And

he -- let's see, he put me -- he rented me a

room there, but I think it was someone else's

room or something.

Q. Someone else's room?

A. Yes. I told you he was drunk. So he

rented me the room of someone else.

Q. Is this a rooming house you're speaking

of?

A. Yes.

Q. Were you upstairs or downstairs where

he rented you the room?

A. It was downstairs.

Q. Okay.

A. And --

Q. You don't remember what street it was

on?

A. No. It was right off of Peachtree

Street. I can't recall. 14th Street or

something like that.

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Q. Was it close to the Ebenezer Baptist

Church, in that area?

A. No, I don't know whether it was or not.

I think -- subsequently I think it was about a

mile and a half from that, maybe farther than

that, three miles.

Q. How long did Raul tell you you were

going to be in Atlanta, Mr. Ray?

A. Well, he give me an impression we would

be there several days.

Q. And you still didn't know what it was

for, what you were going there for?

A. Well, he didn't give me no details

then. What he told me then was that he was

going to come back, and I might explain

something else. See, when he give me the wrong

room, when the guy, the landlord sobered up, he

put me in, you know, a different room which was

right next door. He had two rooming houses,

his sister did, and he was just the landlord.

So he give me a room right next door. And

after I got to the room, me and Raul went

around to talk to a restaurant around the

corner from Peachtree Street, a diner. And he

told me that he would be back in three or four

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days and that he would go to -- he wanted to

make a trip to Miami. So --

Q. Did he take your car?

A. No. He didn't take the car. No, I

kept the Mustang.

Q. You said he was in the Mustang waiting

for you, how did he leave after you had checked

in the room at the rooming house?

A. Well, he just -- when we went out the

grill, we had some -- we had some lunch. I

don't know how, he just walked off. I didn't

see him.

Q. What grill was that?

A. Well, you go down to -- the street I

was on, you walk about a half, three quarters

of a block maybe and you get on Peachtree

Street and I turned right and we went about a

block down and there's a diner that sits there.

It's kind of a small place, and I think it was

a white villa.

Q. Mr. Ray, now you have known Raul some

several months at this point. Did you ever

know where he was from at this point? Was he

from Mexico, the United States, Canada, where

was he from?

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A. I never made no inquiries. I didn't

ask him for his address.

Q. You never asked him his last name?

A. No, I didn't.

Q. Well, you had many, many conversations

with him and had been with him many, many times

at this point.

A. I don't know if I had many. I had

brief conversations with him. It was all

business, but I never had no occasion to ask

him, you know, what his name was and where he

was from and things of that nature. It was

just a business deal rather. It wasn't no

social.

Q. What kind of business deal was it?

A. Well, it was illegal business deals.

Q. I mean, well, other than the fact you

had driven a car across the border a couple of

times, what other illegal business was it

besides those two things?

A. It was nothing. That was it. That

was -- I thought that was enough.

Q. Okay. You had gone to Atlanta. You

went to some place, you don't know where it

was, and you had gotten a room and this

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gentleman put you in the wrong room. But at

any rate you went back to the car and got with

Raul and had gone to a grill. Is that --

A. No, we didn't get in the car. We just

walked.

Q. You walked to the grill?

A. Yes.

Q. And how long did you stay there?

A. I would say 15 or 20 minutes.

Q. Did you get anything to eat?

A. Yes.

Q. All right. And you say Raul just

vanished into the night somewhere?

A. Yes. After we talked a while he said

that -- you know, he told me to stay pretty

close to the rooming house because he would be

back in three or four days. I think it was --

and we would take a trip to Miami.

Q. Okay. Well, did you stay three or four

days? Did you stay in the rooming house three

or four days?

A. There was some mention about it, I

don't recall exactly how many days, but anyway

he was going to come back and we were going to

Miami.

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Q. And did he come back and you go to

Miami?

A. No.

Q. When did you return from -- when did

you hear from him next?

A. Well, he came back and it was six or

seven days more than likely.

Q. All right. And you had been there all

that time? Had he given you any more money?

A. Not at that time, no.

Q. How much money did you have?

A. At that time?

Q. We are talking about March of 1968.

A. I've got -- I have got it wrote down

some place. I didn't check it when I came up

here because I --

Q. When did you write it down?

A. But I didn't have a whole lot --

pardon?

Q. When did you write it down?

A. How much money I had?

Q. Oh, you wrote it down back then, and

kept it until now?

A. No, I wrote -- when I testify in court

or something, I go over it because I can't

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remember it all. I can just remember how much

money I got, but I can't remember the specific

amount I had. I would say I probably had a

thousand dollars. No, I had probably over a

thousand dollars at that time.

Q. All right. You saw him some six or

seven days later. Did he come by or call you

or how did he contact you?

A. No, he came over to the rooming house

and he had problems. He had a problem getting

in. The -- I can't explain exactly how it is,

but the rooms set inside the -- in other words,

you come in the front door. You don't go right

in the room. It used to be doctor's offices

and you had to pound on the door.

Q. To get in?

A. Yes.

Q. And then when you saw him, what did he

want then when he came to the door?

A. When he came back --

Q. I mean, what did he want?

A. When he came back, he mentioned the

fact that he was going to take some, you know,

weapons into Mexico and he wanted me to

purchase a rifle and check up some samples in

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Atlanta, and at this time I told him that I

didn't think I should do it in Atlanta because

all my identifications were from Alabama. So

he agreed to, you know, to do these

transactions in Alabama.

Q. Now, he wanted you to purchase a rifle

and you said do some samples? What kind of

samples, what are you speaking of?

A. Well, he wanted me to look at some

foreign rifles and get an estimate on the

prices of them.

Q. Okay. Well, now, you hadn't had any

experience with rifles. How did you know where

to go look for foreign rifles at this point?

A. When we got to Birmingham?

Q. No, sir, you said in Atlanta. He came

to the rooming house, had trouble getting in

and he got in and told you he wanted you to

look for some rifles and some samples were the

words you used I believe.

A. Yes.

Q. How did you know where to look for

foreign rifles?

A. Well, I didn't know where to look. But

when we got to Birmingham, as I mentioned, I

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didn't want to try to -- I didn't know what the

procedure was for buying rifles. I didn't know

what type of identification you had to show or

whatever and I didn't know anything about the

law.

Q. What type of rifle did he tell you he

wanted you to buy?

A. He didn't. He didn't say.

Q. Are you talking about hunting rifles

like .22's or a higher caliber than that, what

type rifles?

THE COURT: Go ahead.

A. Well, he didn't say -- well, he didn't

say in Atlanta. He didn't get into details. I

just -- you know, when we started talking about

purchasing weapons in Atlanta, I said -- you

know, kind of said, hold on a minute. My

identification is from Alabama, and I think it

probably would be safer if we used -- if I went

to Alabama.

Q. What kind of rifle did you think he

wanted you to buy?

A. Well, he explained that when we got to

Birmingham and checked -- well, he explained

that when we got to Birmingham and checked into

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the motel.

Q. All right. When he came over this day

to the rooming house where he had trouble

getting in and told you he wanted you to go

look about some rifles and so forth, how long

did he stay then?

A. He didn't stay very long at all.

Q. Are we talking about fifteen minutes,

ten minutes, half a day or what?

A. No, I don't think -- I don't think he

stayed. After he once got in, I don't think he

stayed there over maybe thirty minutes or

something.

Q. Did he give you any money?

A. Not at that time, no.

Q. Okay. Mr. Ray, now you're telling us

he came in and you said he had trouble getting

in and he came in, and the first thing he said

was, I want you to go buy some rifles or look

about some rifles at the --

A. Yes. We started talking about the gun

deals and things like that. I can't quote

everything he said, but the main thing he

wanted, you know, me to check out some rifles.

Q. Is this the first time he had ever

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mentioned anything about any guns up to this

point? You had known him for months.

A. He had said something about it in

Mexico, I mean, I think in December of 1968 --

December of 1967 when I went to New Orleans

about taking something to Mexico. But I think

he said something about, you know, guns and he

would make quite a bit of money on weapons or

something like that.

Q. What did he say specifically?

A. I can't say what he said specifically.

I know he just made a general reference to what

he wanted to do.

Q. All right. And how long did you -- how

long was it before you left to go to

Birmingham?

A. It wasn't very long. I don't think it

was over a half an hour.

Q. So you went the same day?

A. Yes.

Q. Was it day or night when he came over

there?

A. It was -- it was sometime during the

day, but I can't specify just what time during

the day it was.

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Q. Okay. And you -- he told you he would

go with you in the Mustang to Birmingham?

A. Yes.

Q. All right. And you had -- what type of

identification did you have at that time?

A. Well, I had the Eric S. Galt driver's

license in Alabama. I had a bill of sale from

Alabama, a certificate of sale or something.

Alabama doesn't have a title so --

Q. Okay. When you were in Los Angeles

taking the bartender's course, and I may have

asked you earlier, what name did you use then?

A. I'm certain I used the Galt name there.

Q. All right. And then when you -- when

you were in Atlanta and you -- did they ask you

your name there in Atlanta when you were in the

rooming house where the man was drunk, did they

ask you your name?

A. I think they gave me a receipt. Yes, I

think I used the Galt name there.

Q. All right.

A. I'm fairly certain.

Q. When you left Atlanta to go to

Birmingham now, you were driving the Mustang

and Raul was with you.

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A. Yes.

Q. Right? Okay. Anyone else come up with

you or anyone else appear with you that day

that he came up and told you that he wanted to

purchase some rifles?

A. No, there wasn't. No.

Q. You don't know how he got there?

A. No.

Q. How he got to the rooming house, you

hadn't heard anything from him now for days?

A. Yes, he showed just up, yes.

Q. You don't know where he was staying or

living or anything?

A. No, I don't.

Q. Okay. You left Atlanta to go to

Birmingham and where were you intending to go

in Birmingham?

A. Well, I didn't intend to go anywhere.

He was more or less giving directions, but we

went on to Birmingham.

Q. But I mean, did he sound like he knew

where to go in Birmingham?

A. Yes.

Q. To buy rifles?

A. Yes.

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Q. Did he give you the name of some place?

A. Well, we went to -- when we got there,

we went to a -- I think this was on a Friday.

We went to a diner and I think he checked -- we

checked out the yellow pages. We may have

checked out a newspaper, too, but he may have

already knew in advance. I'm not going to

speculate what he knew. But anyway, he decided

on this Arrow Marine Supply, and he give me,

you know, general directions. And he told me

he wanted to purchase -- he told me -- he told

me he wanted to purchase --

Q. Okay. Well now, did he go with you?

A. No. I recall he went somewhere with me

but he -- I don't know if he went down there

with me or not. We was driving around, but I

don't -- I don't think he ever went -- he

didn't go -- I know he didn't go all the way

with me to the Arrow Marine Supply where they

sold the rifles. He may have took me on the

road and showed me where it was at or something

of that nature.

Q. You had never been there previously?

A. No, I hadn't.

Q. All right. Did he tell you what type

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of weapon he wanted you to take a look at?

A. No, he didn't specify. If he did, I

forgot it. But he was talking about -- when I

got there, I asked for a deer rifle I think it

was.

Q. Why did you ask for that?

A. Well, that's usually I think, you know,

rifle. That's the type of rifles he used. But

I don't know too much about rifles so I got it

all --

Q. But he had not specified what caliber

rifle to purchase or what type of anything, any

brand or anything; is that correct?

A. Yes. I don't recollect him mentioning

any specific item. He said something about a

rifle and he asked to check on some foreign

rifles. But if he mentioned the type of

rifles, a specific thing he wanted, I probably

have forgotten about it.

Q. Well, did he want a rifle with a scope

on it or without a scope or --

A. Yes.

Q. One that had a lever down under it that

you used or what kind of rifle did he tell you

to look at?

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A. Well, I don't know. I don't quite

understand why he wasn't more specific about it

but he didn't -- you know, on reflection but he

didn't. He probably give me some directions

but they wasn't good enough to where I could

tell the salesman exactly what I wanted.

Q. Did he write them down?

A. I -- did I?

Q. Did he write them down for you?

A. No, he didn't write them down.

Q. And you just presumed that he wanted a

rifle with a scope on it like a deer rifle?

A. Yes.

Q. You presume that; is that correct?

A. Yes.

Q. Did he give you any money?

A. Yes. He gave me I think it was about

$750.

Q. Okay. Was that in large bills or small

bills?

A. That was in small bills.

Q. All right. And did he tell you to

spend $750 for a rifle?

A. No, he didn't. I think some of it was

for expenses.

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Q. Okay. And then you drove over to this

Arrow Marine Supply?

A. Yes.

Q. And you had never been there before?

A. Yes.

Q. And was it near the -- was it near some

water?

A. I didn't see any water around there.

That was the first time I had been there. I

think there may have been an airport around

there somewhere.

Q. And you don't recall if Raul rode over

there with you or not to this place?

A. I have some recollection of him being

in the car. I think maybe he give me -- he

took me out there and pointed me off where to

go at, but I'm certain he was -- he didn't -- I

know he wasn't with me when I purchased the

rifle.

Q. Okay. When you went into the place

where to purchase the rifle, Mr. Ray, how many

people were in there?

A. It didn't seem to be too many people in

there.

Q. You're talking about three or four?

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A. It was a salesman, a couple of salesmen

and maybe a couple of other people.

Q. And what did you tell him you wanted?

A. Well, I told him I wanted to -- I was

meeting with my brother-in-law and my brother

was going deer hunting, and I would like to get

a deer rifle and also there was a rack of

apparently German mulzer rifles over there and

I went over there and made some inquiries about

them and asked them how much they cost and he

kind of acted like he wanted to discourage me

from purchasing them so I assumed he wanted me

to buy the more expensive rifle.

Q. Did he show you more than one rifle

while you were there?

A. No. He showed me -- I think it was

just one.

Q. Did you tell him what brand you wanted?

A. No. I made it appear like I was buying

it for someone else, my brother-in-law or

something.

Q. All right. And what name did you give

him?

A. I gave him the name Harvey Lowmeier.

Q. Okay. Where did you come up with that?

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A. I think Harley Lowmeier is someone -- I

think he's some character in jail with my

brother one time, and I just used his name.

Q. Okay. Did you test fire the rifle

while you were in there?

A. No, I didn't.

Q. Okay. Did you tell him you wanted some

ammunition to go with it?

A. Yes.

Q. Okay. What kind of rifle did he sell

you?

A. I don't know. He just showed me one

and he said this, you know, is a deer rifle and

I said, well, okay. Wrap it up and that was

it.

Q. Okay. How long were you in there,

Mr. Ray, before you purchased the gun?

A. I wasn't in there too long except -- I

think -- I don't know what kind of adjustments

he had to make on the rifle or whether he had

to put the scope on or what. But however long

it took. I didn't hang around there.

Q. Let me ask you something: When he --

when he showed you the rifle, you looked at it,

didn't you?

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A. Yes.

Q. I mean, you put it in your hands,

didn't you?

A. Yes.

Q. All right.

A. I may have put it in my hands. I

probably did, yes.

Q. How did -- did he show you how to load

it?

A. I can't remember all the details. He

probably showed me something about it. He

probably figured I had sense enough to load the

rifle.

Q. Tell us about the rifle, what kind --

did it have a lever under it?

A. I don't have no idea what it was. I

just -- he showed it to me and it looked like a

rifle so I said, you know, wrap it up.

Q. When you first saw it, did it have a

scope on it?

A. I don't know if it did or not.

Q. You didn't look through the scope to

see what kind of sighting or bearing it had?

A. No.

Q. And did the scope have some little

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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rubber tips on the ends -- on each end to keep

from getting scratched up, do you remember

that?

A. No, I don't remember any of that.

Q. Was it in a box or did he just have it

back behind the counter or was it on the glass

counter or where did he have the rifle?

A. I can't recall. He just brought it out

and showed me. He said, how is this? And I

said, okay, wrap it up.

Q. So you walked in and didn't tell him

what kind of rifle you wanted, what brand, what

caliber, what anything, you just said I want a

deer rifle?

A. Yes. I told him I was going to hunt

deers with my brother-in-law and I would like

to look at some rifles, and he said, this is

what you want. This is probably the best thing

out. He said words to that effect. I said,

okay, that's what I want.

Q. And he never showed you how it had to

be loaded or what you do to load it or

anything?

A. He may have, but I don't recall it if

he did.

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Q. Did you specify you wanted one with a

scope on it?

A. Yes.

Q. You did?

A. Uh-huh.

Q. All right. And why did you do that?

What was the reasons for wanting one with a

scope on it?

A. Well, he -- Raul had asked me to get

one with a scope on it.

Q. He had told you that?

A. Yes.

Q. How many guns did Raul tell you to

get?

A. He asked me to get one as a display to

some buyers and he asked me to check on the

prices and the quantity of some foreign made

rifles.

Q. Okay. Well, Mr. Ray, did you ever ask

Raul why he wanted you to purchase these in

Atlanta or Birmingham, why you didn't purchase

them in New Orleans?

A. No, I didn't make no inquiries like

that.

Q. You didn't make any inquiries?

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A. No.

Q. Okay. You purchased a rifle and paid

him how much?

A. I don't recall that either.

Q. Okay. Did he write you a receipt for

it when you purchased it?

A. Yes. He gave me a receipt for it and

some ammunition, yes.

Q. Did you give him your name and your

address?

A. Yes. But I picked out a phony address.

Q. Where, in Birmingham or Atlanta or

where?

A. In Birmingham. Yes.

Q. All right. And you gave him your name?

A. Yes.

Q. Did you have to show him any

identification?

A. No, I didn't.

Q. Now, what time of the day are we

speaking of here that you went in to purchase

the rifle?

A. Well, I don't know. It was sometime

probably a little bit after lunchtime or -- it

wasn't -- eleven, twelve, one, somewhere around

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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there.

Q. Now, was Raul sitting in the car

waiting on you while you were doing this?

A. No, he wasn't.

Q. He was not doing that. Okay. How long

were you in the store roughly to purchase the

rifle?

A. I really couldn't say. Just long

enough for him to get it ready. I don't know

if he put the scope on it. I don't know how

long it takes to put a scope on. But it wasn't

very long.

Q. You paid him in cash, of course?

A. Yes.

Q. All right. And then you took the

rifle. When you left out of the store, was it

in a box or wrapped up some way?

A. I believe it was in a box, yes.

Q. And it had a scope on it, you knew

that?

A. Yes.

Q. Okay. I had -- it had some ammunition

with it?

A. Yes.

Q. How many bullets did it have, did you

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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purchase?

A. I think it was a couple of clips or

whatever they come in. And I also purchased

some -- this foreign -- some other type of

ammunition, but it's not on the bill of sale.

I don't know. They claim that -- I don't know

what they claim.

Q. What was the reason you purchased the

other type of ammunition?

A. Well, he told me to purchase some

ammunition so I purchased two different types

so he could take his choice.

Q. Okay. Were they the same caliber?

A. Yes.

Q. Same size?

A. Yes. Same size, yes.

Q. Just a different brand?

A. Yes.

Q. All right. So you had two boxes of

ammunition?

A. Yes.

Q. All right. You left out of the store

and where did you go then?

A. I went back to the motel, the Five

Points Motel that we were staying in.

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Q. Okay. Now, okay. You have lost me

now. You had gone from Atlanta to Birmingham.

I thought you said you went to some place and

looked to see where there was a diner or

something and you looked in a telephone

directory and went straight then to the gun

store?

A. Yes, we did.

Q. Where was the motel?

A. The motel was -- it was -- it was

somewhere on the east side of Atlanta -- not

Atlanta but Birmingham. It was a large motel.

The Five Points they call it.

Q. Okay. You left for the store where you

purchased the gun and went back to your car?

A. Yes.

Q. Parked out near I guess in front of the

store?

A. Yes.

Q. Where was Raul?

A. He was at the five -- he was at the

motel.

Q. But now, how did you know where to go

to a motel? You hadn't gotten a motel at that

point.

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A. Yes, we checked into the motel when we

first got there. I forgot to mention that.

Before we went to the diner grill, we checked

in the Five Points Motel.

Q. Did Raul stay at the motel?

A. Yes, he stayed there, yes.

Q. When did you go to the diner when you

looked into the telephone directory to purchase

a gun?

A. That happened after I had rented the

motel room, yes.

Q. But I thought you said he went with you

to the diner?

A. He did.

Q. Okay. But now you're saying he stayed

at the motel?

A. Well, he stayed at the motel when I

went to purchase the rifle.

Q. Okay. So you went to the diner and

then you took him back to the motel?

A. Yes.

Q. All right. You drove from the place

where you purchased the gun back straight to

the motel.

A. Yes.

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Q. How far was that roughly?

A. It's quite a ways. I don't remember

just --

Q. A mile, five miles?

A. I would say it was about two or three

miles, yes.

Q. Okay. You got back to the motel, was

he waiting for you?

A. Yes.

Q. Anyone with him?

A. No.

Q. Okay. And did you take the gun in?

A. Yes.

Q. What did he say about it?

A. Well, he just said it was -- he looked

at it briefly and he said it was the wrong kind

then.

Q. What did he mean by that?

A. Well, I don't know what he meant. He

just said it was the wrong kind of rifle.

Q. The wrong caliber, wrong brand, wrong

what?

A. I think he just said it was -- just the

wrong type.

Q. Okay. That was his words?

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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A. Yes.

Q. Okay. Did you ask him what he meant by

that or what he really wanted?

A. No, I didn't. I had a brochure, the

salesmen give me a brochure. So I just handed

him the brochure and told him to pick out what

he wanted and I would go back and --

Q. You mean a brochure of several rifles?

A. Yes.

Q. Okay. Had you asked him for that?

A. The salesman?

Q. Yes.

A. I think he just give it to me.

Q. Okay. Well, had he given you this

brochure before you bought this rifle?

A. No, I think he give it to me after,

when I got ready to leave. He probably just

handed it to me.

Q. All right. Did -- I gather Raul took

the gun out of the box when you got back to the

motel?

A. Yes.

Q. Did he look down the scope on it?

A. If he did, I didn't notice it. He

seemed just to look at it and checked it out

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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briefly and said it was the wrong type. I

think it was the wrong caliber.

Q. Did he put any guns in the -- did he

put any guns in the clip to see if they fit?

A. No, he didn't do anything with it, no.

Q. He didn't pull the trigger to see if

anything would work on it?

A. No.

Q. He didn't do anything?

A. No.

Q. Okay. What did he want you to do then?

A. Well, he wanted me to exchange it and I

told him, you know, to pick out what he wanted.

So I -- he picked out one and I went down and

made a phone call to Arrow Marine and told them

that I had purchased the wrong type of rifle

and they told me, well, bring it back and they

would exchange it. So --

Q. What did you tell them was wrong with

it?

A. I don't think I said anything right

then. I just told him I think it was the wrong

caliber or something.

Q. And they told you to bring it back?

A. Yes.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Q. And you had this brochure and Raul had

picked out another type rifle he wanted you to

exchange for it?

A. Yes.

Q. All right. Did he give you any more

money?

A. No.

Q. Okay. Did you go on back then to

exchange it?

A. Yes.

Q. That same day?

A. I went back to exchange it the same day

and the salesman, he may have told me on the

phone, he said that he couldn't do it that day

but he could get to me -- he could fix it -- he

didn't have time. He could have it ready for

me some time the next day, next morning and --

Q. What time of day did you take it back?

A. It must have been getting kind of late

because he said he couldn't fix it. He

couldn't exchange it that day.

Q. Did Raul ride over there with you when

you were going to exchange it?

A. No, he didn't.

Q. He stayed in the motel?

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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1929

A. Yes.

Q. Did you have separate rooms or one room

at the motel?

A. Well, I rented my own room and he just

stayed in there.

Q. In the same room?

A. Yes.

Q. Okay. All right. When you took it on

back that day to the store or did you --

A. Yes.

Q. -- wait until the next day, same day?

A. I took it back the same day.

Q. Did you leave it?

A. Yes, I left it.

Q. You left it. Okay. And you told him

what kind of rifle you wanted?

A. Yes. I just told him that, you know,

we was going hunting and I think I mentioned we

were going hunting in Wisconsin or somewhere.

And he said, well -- I know there was some

conversation about bigger deer in Wisconsin

than there are in Alabama.

Q. Was this the same person that you

talked to when you --

A. Yes.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

(901) 529-1999

1930

Q. Is this the same person that you talked

to when you purchased the gun?

A. I believe it was. Yes.

Q. And did you specify when you went back

what brand or what caliber of gun you wanted?

A. I just showed him the brochure, yes.

Q. And you told him that's what you

wanted?

A. Yes.

Q. Was it the same price as the other or

more or less?

A. I believe it was more. It's -- I'm not

certain.

Q. Okay. But -- now, at this point Raul

had not told you why he wanted a different type

of rifle, either brand or caliber or anything.

He just said it wasn't the right type?

A. Yes.

Q. That was his words?

A. Yes, that's --

Q. Okay. Did you -- well, you had

purchased two boxes of ammunition. Did you

take those back, too?

A. Yes.

Q. You took those back, too. Did he want

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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1931

you to do that, to take the ammunition back or

was that your idea?

A. Well, I think -- I don't think I -- I

don't have a recollection of taking the

ammunition out of the car. I may have, but

naturally you take the ammunition out for a

different caliber rifle.

Q. Okay. What caliber rifle was this, the

first one that was purchased?

A. I don't know.

Q. What brand was it?

A. I don't know that either.

Q. Okay. All right. When you went back

then, you left the rifle and you took the

ammunition back and left it, too.

A. Yes.

Q. Is that correct?

A. I left all of it, yes.

Q. And then you went back to the motel?

A. Yes. After -- after I made the

arrangements, yes.

Q. You went back to the motel. Was Raul

there at the motel?

A. Yes, he was there.

Q. Okay. What did you do when you got

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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1932

back?

A. Well, I told him that I had made the

arrangements to exchange the rifle. I may have

told him beforehand based on the telephone call

I got, but I know I told him. One time he

wanted me to come back when I made the phone

call they were going to have the rifle

exchanged and then he told me, you know, he

said okay. So he gave me an address to meet

him in Memphis and he said he was going

somewhere else.

MR. BLEDSOE: Okay. At this

point Mr. Garrison stated, Doctor Pepper, is

this a good place for us to stop? It's almost

five. At which point Mr. Pepper said, sure,

this is fine.

And that was the end of the first day

of the deposition. The end of this volume.

And Mr. Garrison has the second volume.

MR. GARRISON: You want to

continue?

THE COURT: Another volume?

MR. GARRISON: We are going to

read it all.

THE COURT: Well, we had all the

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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1933

excitement we can stand today. Ten o'clock,

Sheriff.

(Proceedings adjourned at 4:30 p.m.)

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

(901) 529-1999