Warren Commission (04 of 26): Hearings Vol. IV (of 15)United States. Warren Commission
History
Warren Commission (04 of 26): Hearings Vol. IV (of 15)
United States. Warren Commission
Kennedy, John F. (John Fitzgerald), 1917-1963 -- Assassination; Oswald, Lee Harvey
Mr. BALL. He was advised that he had a right to an attorney, was he?
Mr. FRITZ. Yes, sir; I am sure he was; I advised him on that on two or
three different occasions.
Mr. BALL. Did--you have a rule in Texas, do you, that whatever a
witness, a person in custody, says cannot be used against him unless he
is warned?
Mr. FRITZ. We do have; yes, sir. We have to warn them before we can
use the testimony. We have to warn them in the beginning before he is
questioned.
Mr. BALL. Before he is questioned you must warn him?
Mr. FRITZ. Yes.
Mr. BALL. Before you questioned Oswald the first time, did you warn him?
Mr FRITZ. Yes, sir.
Mr. BALL. What did you tell him? What were the words you used?
Mr. FRITZ. I told him that any evidence that he gave me would be used
against him, and the offense for which the statement was made, that it
would have to be voluntary, made of his own accord.
Mr. BILL. Did he reply to that?
Mr. FRITZ. He told me that he didn't want a lawyer and he told me once
or twice that he didn't want to answer any questions at all. And once
or twice he did quit answering any questions and he told me he did want
to talk to his attorney, and I told him each time he didn't have to if
he didn't want to. So, later he sometimes would start talking to me
again.
Mr. BALL. Do you remember when you warned him again?
Mr. FRITZ. Yes, sir; I warned him two or three different times; yes,
sir.
Mr. BALL. Do you remember when those times were?
Mr. FRITZ. No, sir; but during the afternoon.
Mr. BALL. They were--you were more or less continuously questioning
through the afternoon, were you?
Mr. FRITZ. Yes, sir.
Mr. BALL. Now, at 7:10, he was arraigned in your office?
Mr. FRITZ. Yes, sir.
Mr. BALL. By arraign you mean he was informed of the charge against him?
Mr. FRITZ. That is right.
Mr. BALL. He wasn't asked to plea.
Mr. FRITZ. Before a judge, before a justice of the peace, a magistrate.
Mr. BALL. It is not your practice to ask for a plea at that stage, is
it?
Mr. FRITZ. No, sir; we don't.
Mr. BALL. All you do is advise him of his rights and the charge against
him?
Mr. FRITZ. That is right, I am not a lawyer, you might feel--I don't
want to leave a bad impression, I am just telling you what we do.
Mr. BALL. What the practice is in Texas.
Mr. FRITZ. Yes, sir.
Mr. BALL. Did Oswald make any reply to Judge Johnston?
Mr. FRITZ. He said a lot of sarcastic things to him.
Mr. BALL. What did he say?
Mr. FRITZ. Irritable. I can't remember all the things that he said. He
was that way at each arraignment. He said little sarcastic things, some
of the things were a little impudent things.
Mr. BALL. After the arraignment, your records show that there was--he
talked to an agent named Clements, do you remember that?
Mr. FRITZ. I believe that during one of the times when I was out, had
to leave the office for a minute to attend to something, Mr. Clements
asked me if it would be all right for him to take a little personal
history.
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