FRIDAY, MARCH 17th, 1967
BY MR. DYMOND:
Your Honor, you had asked that we produce the law on the question at issue, and we do have a Federal case. Your Honors please, this is one of the cases cited in the Temple Law Review article which was cited yesterday by Judge Bagert.
BY MR. OSER:
If the Court please, the State has submitted to Your Honors a memorandum. The State does not wish to redirect the witness, Perry Russo.
C. W. JOHNSON, a witness for the Defense, after having been duly sworn, testified as follows:
* * * DIRECT EXAMINATION * * *
BY MR. DYMOND:
Q. What is your full name, sir?
A. C. W. Johnson.
Q. And what is your occupation, Mr. Johnson?
A. District Director of the Immigration and Naturalization Service, New Orleans.
Q. In that capacity, sir, do you have under your jurisdiction the records and files of people who come within your jurisdiction, that is, subject to foreign countries?
A. Yes.
Q. Are you here today in response to a subpoena duces tecum ordering you to produce in court, subject to the approval of the Attorney General of the United States, certain immigration and naturalization records?
A. I do have that approval; I don't remember about subject to the approval of the Attorney General, though.
Q. You do have the approval of the Attorney General?
A. No, I have the approval of our general counsel.
Q. I see. Are you in a position to comply with the order rendered by this Court, then, Mr. Johnson?
A. Yes, I am.
Q. Now, what records did you bring with you, sir?
A. I brought two files relating to a man with the same name. The subpoena only identified them by names.
Q. Will you tell us what they are and to whom they pertain, the two files?
A. These are records relating to Garcia Manuel Gonzales. This is -- in the one case, it is a record of a Cuban who entered the United States as a refugee, and mainly contains information relating to his entry, his alien registration card 1965, his picture, and a small index card relating to the subject. Could -- I have certified copies of these. I would appreciate it if I could have those entered in.
Q. Where is the certified copy of the one which you have just handed me? Does this certified copy contain a photograph?
A. Correct.
Q. If the Court please, at this time we will mark for identification the document just referred to by Mr. Williams [sic], marking same for identification, D-29, and will ask that we be permitted to substitute in lieu of the original a certified copy of it, reserving our right to use the certified copy in the same manner in which the original could be used.
BY JUDGE BAGERT:
All of which is subject to its admissibility.
BY MR. DYMOND:
Right.
BY JUDGE BAGERT:
Did I understand him to say that there are two folders?
BY MR. DYMOND:
Right. I'll get to the next one now.
A. My name is Johnson, not Williams.
Q. Now, Mr. Johnson, what is the other folder which you have furnished?
A. The other folder related to a Manuel Garcia Gonzales who entered the United States as a temporary visitor and it merely contains papers relating to his admission and extension of temporary stay in the United States and an index card.
Q. Does that folder contain a photograph?
A. No, there is no photograph.
Q. Do you have with you a certified copy of the documents contained in that folder?
A. Yes, I do.
Q. If the Court please . . .
BY JUDGE BRANIFF:
Mr. Dymond, are these two folders supposed to be on the same man or on different men?
BY MR. DYMOND:
I don't know, Your Honor, that's a matter of evidence, and I don't know whether this witness is able to testify to that or not. If the Court please, we would like to mark for identification, D-30, the documents just described by the witness, Mr. Johnson, and ask leave of the Court to substitute for the original a certified copy of all documents contained in the folder, likewise reserving our rights, subject to admissibility, to use the certified copies as we would the originals.
BY JUDGE BAGERT:
Any objections?
BY MR. WARD:
No objection to the substitution if admitted.
BY MR. DYMOND:
I tender the witness.
BY MR. ALCOCK:
No questions.
BY JUDGE BAGERT:
Where is the subpoena duces tecum in this case? Are you satisfied with the return? It says Manuel Garcia Gonzales and Julio Busnedo or Buznedo.
BY MR. DYMOND:
Q. Mr. Johnson, did you have any records on Julio Buznedo?
A. I had no records relating to him.
Q. None at all?
A. No.
Q. Thank you.
BY JUDGE BAGERT:
Are you satisfied with the return?
BY MR. DYMOND:
Yes, sir.
BY JUDGE BAGERT:
Any further need for this witness?
BY MR. DYMOND:
No, sir, there is not.
BY JUDGE BAGERT:
Thank you, Mr. Johnson. You may return to your work.