BY MR. OSER:
Q: Now, Doctor, can you tell me whether or not the fact that I pointed out to you in
your report, marked "S-67" for identification, the point that Dr. Finck first saw the photographs on January 20, 1967 -- is the fact that I pointed this out to you the reason that you now say the Court (sic) and the stenographer misunderstood?
A: I don't follow you.
Q: Well, I am asking you, Doctor, is the fact that I point out to you in your report signed by you, that you said --
A: Yes.
Q: -- in this report that you didn't see the photographs until January 20, 1967, the fact that I pointed this out to you, is that the reasons that you now say that somebody misunderstood you and that you did not make the statement you made before as recorded by the Court Reporter?
A: I think so. I wish to emphasize that the first time I saw the photographs was January, '67. These photographs were taken on the 22nd of November, 1963, they were turned over, as I recall, to the Secret Service so they had been exposed, but I did not see the processed photographs until January, 1967. In 1964 I saw photographs, if I may recall, but they were not from the -- from the autopsy, they were from the Zapruder film in 1964.
Q: Now, Doctor, in the area of pathology, more specifically that of performing autopsies, and arriving at conclusions from autopsies, would you say that the use of photographs and X-ray are routine and necessary parts of a pathologist arriving at his opinion?
A: It is extremely useful.
Q: Would you say that is the normal practice at autopsies, to have photographs and various X-rays made of the body that you are performing the autopsy on?
A: It is a normal practice to take X-rays and photographs of a missile wound case.
Q: Will you tell me whether or not, Doctor, if you know, whether these photographs and X-rays were ever displayed to the members of the Warren Commission.
A: Please repeat your question.
MR. DYMOND: Object unless he was present.
MR. OSER: I said tell me whether or not you know.
THE COURT: Now, this is of his own personal knowledge?
MR. OSER: Yes, sir.
BY MR. OSER:
Q: Can you tell me, Doctor, whether or not, if you know, these photographs and X-rays
were ever displayed to the members of the Warren Commission, if you know, Doctor?
A: What is the word you used before, "Warren Commission"?
Q: Displayed.
A: Displayed?
Q: Or shown.
A: Shown?
MR. DYMOND: Your Honor, unless the Doctor was present, he can't testify to this. Secondly, I think that is irrelevant to the issues in this case. We have said many times that we are not trying the Warren Commission here.
THE COURT: We can nip it, we can find out whether or not the Doctor knows of his own knowledge whether they were or were not, and that will dispose of the matter. Either he knows or he doesn't know. Do you know of your own knowledge?
THE WITNESS: When I appeared before the Warren Commission in March, 1964, the X-rays and the photographs were not available to us in the preparation of our testimony.
BY MR. OSER:
Q: Am I correct in stating, Colonel, that you and Commander Humes and Commander Boswell
appeared in front of the Warren Commission at the same time?
A: We did.
Q: Can you tell me why the X-rays and photographs were not available at that time?
A: I was told that it was the wish of the Attorney General.
Q: Thank you, Colonel.
A: -- who was then Robert F. Kennedy.
Q: (Exhibiting document to witness.) Doctor, I show you what the State marks for purposes of identification "S-68," and I ask you if you would view this exhibit and tell the Court whether or not you have ever seen anything depicted on here as being similar to what you have seen before.
A: I recognize those drawings but I am not the author of them.
MR. DYMOND: I didn't hear the first part. I recognize what?
MR. OSER: Those drawings.
THE WITNESS: I recognize those drawings; I am not the author of them.
BY MR. OSER:
Q: Were you present, Doctor, when this was done, at the time of the autopsy or shortly thereafter, in conjunction with Commander Humes and Commander Boswell?
MR. DYMOND: Object, Your Honor. There is no evidence as to when this was done, and Coun- sel's question assumes there is evidence as to when this was done.
MR. OSER: I asked if he was present when it was done.
MR. DYMOND: He went on to say when he contends it was done. That is the part I am objecting to.
THE COURT: I think the exhibit -- I cannot comment on the evidence, but you are trying to lay a predicate to see if the witness can identify it as being similar to something he has seen before?
MR. OSER: Yes, sir.
THE COURT: Why don't you ask him that question first?
MR. OSER: I thought I had, Your Honor.
THE COURT: Maybe you did.
BY MR. OSER:
Q: Doctor, is this exhibit, which I have marked as "State-68" for purposes of identification -- I ask you if what is depicted on this particular exhibit is similar to something that you have seen before, Doctor.
MR. DYMOND: If the Court please, at this time we are going to object to this testimony as to similarity. We have here sketches which purport to deal in detail, in measurements and so forth, and I submit to the Court that in that area similarity is not good enough.
THE COURT: It depends on the witness. He has stated he recognized it. The question he has not answered for Mr. Oser yet is whether or not the exhibit offered to him is similar and does he recognize it, and he has not answered that question. I would overrule your objection until he answers that question.
THE WITNESS: I recognize it for the purpose of identification. I see in the left upper corner "NMS" -- Navy Medical Sheet -- "63272," and this was the autopsy number given in Bethesda for the autopsy of President Kennedy, and these drawings may have been made by both Dr. Humes and Dr. Boswell. They pertain to the observations along the autopsy of President Kennedy.
THE COURT: I will permit the exhibit to be received in evidence on the ground that it is similar. From the testimony of the witness Dr. Finck, I will permit it to be received in evidence.
MR. DYMOND: To which ruling Counsel for the Defense reserves a bill of exception, making the entire testimony, Counsel's objection to this exhibit "State-68," the reasons for the objection, and the ruling of the Court and the entire record parts of the bill.
MR. OSER: Your Honor, the State now wishes to offer, file and introduce into evidence "S-68."
THE COURT: It shall be admitted.
MR. DYMOND: To which offering the Defense objects, using as parts of its bill the same component parts which were set forth in the preceding bill.
(Whereupon, the diagram offered by Counsel was duly marked for identification as "State-68," and received in evidence.)
MR. OSER:
Your Honor, the State requests permission to place it on this board, if I may.
THE COURT: You may do so.
(Exhibit mounted on display board.)
BY MR. OSER:
Q: Doctor, at the time of the autopsy, was such a sheet as depicted in State Exhibit 68
prepared by either you or one of the other two members of the autopsy team of you all performing the autopsy on President Kennedy?
A: This was not prepared by me.
Q: Did you see anybody prepare this particular exhibit, or working on this particular exhibit?
A: Well, the three of us were involved in this, taking measurements and -- I did not make those drawings.
Q: Was such a sheet of paper as depicted on that particular exhibit, part of your autopsy work that the three of you all performed?
A: I would think that this was handled by Drs. Humes and Boswell. Personally, I can't -- I recall having seen this but to give an exact time, an exact hour, and what I did with this, I can't say. I don't remember. It is part of the case but I don't remember details on this.
Q: Part of the case. Fine.