February 14, 1969
MR. PHILIP WILLIS, a witness for the State, after first being sworn by the Minute Clerk, was examined and testified on his oath as follows:
DIRECT EXAMINATION BY MR. OSER:
Q: State your name for the record, Mr. Willis, state your name for the record.
A: Philip L. Willis.
Q: Where do you live, Mr. Willis?
A: Dallas, Texas.
Q: What is your address?
A: 6911 Wabash Circle.
Q: Mr. Willis, were you residing in Dallas, Texas in November '63?
A: Yes, sir.
Q: Did you have occasion to be in that area of Dallas, Texas commonly known as Dealey Plaza on the date of November 22, 1963?
A: Yes, sir.
Q: Why did you go there, Mr. Willis?
A: I had my children out of school to see the parade and to take pictures.
Q: Who accompanied you?
A: My wife and children, my two daughters.
Q: When you arrived in Dealey Plaza at the time the motorcade passed, where were you located when you first saw the motorcade approaching?
A: On the corner of Main and Houston Streets.
Q: Would you step down, Mr. Willis, and I direct your attention to State Exhibit 34 and I ask you if you could point out the area in S-34 where you were located when the motorcade first approached you or your -- you first saw it?
A: I was standing on this corner when the motorcade was coming this way.
Q: Would you put a "W" please if you would in the area where you were standing. Did you have occasion to move from this location?
A: Yes, sir.
Q: And if so, where did you go?
A: After taking two pictures here I moved over here and took a picture of the President's car and the Vice-President Johnson's car, and the Secret Service car was left out of my picture in both from this angel right here.
Q: After that location did you have occasion to go to a further location?
A: Yes, sir, I moved a little further up here and took a photograph of the President's car in front of the Depository Building.
Q: Then did you have occasion to move?
A: I broke and ran around this corner and stationed myself by this tree on the curb.
Q: Did you take any pictures from that location by the tree?
A: I took one picture of the President's car about where you are from me, only getting the occupants and this was directly in front of the Depository at this angle and then as they moved down I moved down just a little bit and then I took the picture of the President's car at that angle by the Stemmons Freeway sign, and other pictures following.
Q: Mr. Willis, I direct your attention to State Exhibit 35, the plaque over here, and I ask you if you would put this pin on the location on that plat where you were located after you say you had run around the intersection of Houston and Elm Street near the vicinity of that tree where you took your next picture?
A: (The witness complies.)
Q: Now, sir, I ask you --
THE COURT: If you are going to speak to him down there make him raise his voice so the Court Reporter can hear with ease. You may use the microphone.
BY MR. OSER:
Q: Referring to State Exhibit 36, would you take this emblem of an individual and place it on this mockup in the area where you were when you took your last picture after you
and run around from the intersection of Elm and Houston Streets? You can go back, Mr. Willis. Mr. Willis, I believe you stated you had some opportunity to take various photographs at this time?
A: Yes, sir.
Q: What type camera were you using?
A: An Argus Actronic which is a 35 millimeter.
Q: This type of camera, the end result is a 35 millimeter slide?
A: Yes, sir.
Q: Do you have those slides with you now?
A: Yes, sir.
Q: May I have them?
A: Four.
MR. OSER: Will the Court indulge me a moment?
BY MR. OSER:
Q: Mr. Willis, I show you what the State has marked for purposes of identification as
S-43, S-44, S-45 and S-46 and I ask you if you can identify those exhibits which have been marked for purposes of identification as having seen them before?
A: Yes.
Q: And how can you recognize these pictures?
A: They have become very familiar to me and I had them copyrighted and these I have had made from my originals.
Q: Now I show you, Mr. Willis, what the State has marked for purposes of identification as S-47 and I ask you if you have ever seen what is depicted in this photograph before?
A: Yes, it is mine.
Q: Again I show you what the State has marked for purposes of identification S-43 and I ask you what is depicted in S-47, which is the large 8 x 10, is represented in S-43 which is the 35 millimeter slide?
A: Yes, sir.
Q: I show you now what the State has previously marked as S-43 and I ask you if you are familiar with what is depicted in that photograph?
A: Yes, sir.
Q: I ask you to compare S-43, the large 8 x 10 photograph, with what is contained in S-44 and tell us whether or not they are the same picture?
A: They are the same.
Q: Now I show you what the State has marked as S-48 for purposes of identification, an 8 x 10 photograph, and I ask you if you are familiar with what is depicted in that photograph?
A: Yes, sir.
Q: Would you please compare that with S-45, the 35 millimeter slide.
A: They are the same.
Q: And I show you what the State has marked S-49 for purposes of identification and ask you if you're familiar with what is depicted in that photograph?
A: Yes, sir.
Q: Would you please compare that with S-46 and tell us whether or not those are the same pictures depicting the same scene?
A: Yes, sir, they are.
Q: Mr. Willis, how were your pictures developed, were you present when your slides were developed, the originals?
A: Sir?
Q: Were you present when the original slides were developed?
A: Yes.
Q: These 8 x 10 enlargements you have identified, were these done at your request and were you present?
A: Yes, sir.
Q: Now while you were in Dealey Plaza on that day, Mr. Willis, did anything unusual happen that caused you to draw your attention to a particular incident?
A: Yes.
Q: Tell the Jury what happened.
A: Well, after having photographed the President on Main Street and on Houston Street and then in front of the Depository Building on Elm Street I cocked my camera for another picture and this loud shot went off and the first reaction was that could it be a crank or a firecracker but it was so loud and of such a sound it had to be rifle so I became alarmed. I was trying to take a picture at the moment and the reflex from the shot caused me to take one of these pictures.
Q: I show you what the State has previously identified as S-33 and I ask you whether or not this is the photograph that you took at the time you said you heard the first shot?
A: Yes, sir.
Q: After having taken this photograph, Mr. Willis, what did you do?
A: My two little daughters were running along down the hill paralleling the Presidential car there and I yelled to one of them, which is the firs thing I did, and then I heard at least two more shots and then I started looking for them and looking down and hollering for them to come back to me and they came running back crying.
Q: Did you have any occasion to take any other photographs after you located your children?
A: There were -- They were just down here ahead of me and they came back and said "Daddy, he has been shot, his head blew up," and so I started taking more pictures of people falling on the ground and running up the knoll there and later I went back and took pictures of the crowd.
MR. DYMOND: We object to this witness testifying as to what he took pictures of unless he has the pictures.
MR. OSER: Let the man answer the question.
MR. DYMOND: That is our objection.
THE COURT: Do you have the pictures depicting what you just stated, is that what is pictured in there?
MR. OSER: The next question was going to be about certain pictures.
BY MR. OSER:
Q: Mr. Willis, I now show you what the State has marked as S-48 and -49 and ask you whether nor not those two photographs depict the scene as you saw it after you had located your children and found out there were safe?
A: Yes, sir.
Q: While in Dealey Plaza after having heard the first shot that made you take that one picture, will you tell us whether or not you heard any other noises similar to the first noise?
A: Yes, sir.
Q: How many did you hear all told?
A: I assumed two more.
Q: So it'd be a total of three, is that correct?
A: Yes.
Q: Will you tell us the area in which you heard these shots coming from?
A: I was looking down here and I felt certain that they came from my right in that area across there.
Q: Mr. Willis, did you have occasion to see any affect that any shot may have had on any occupants in the Presidential limousine?
A: Honestly, no, sir, because I was trying to use the view finder for the camera and I was more interested in getting the whole car than focusing on an individual. I did not.
MR. OSER: I tender the witness.
CROSS-EXAMINATION BY MR. DYMOND:
Q: Mr. Willis, you say that to the best of your recollection, in considering the circumstances of excitement, that you heard three shots, is that right, sir?
A: Yes, sir.
Q: Now as I understand it, Mr. Willis, you were standing here at the point indicated by the flag with your name on it on State Exhibit-35, is that correct?
A: Yes, sir, by that tree.
Q: And you say you were looking down here, and by down here do you mean down Stemmons Freeway?
A: Yes, sir.
Q: And you say the shots came from your right, is that correct?
A: They sounded as if they did.
Q: Is it not a fact that the Texas Book Depository was to your right?
A: Sir?
Q: Was the Texas Book Depository to your right?
A: Yes, sir.
Q: That is all, sir.
RE-DIRECT EXAMINATION BY MR. OSER:
Q: Mr. Willis, I show you what the State has marked as S-47 and ask you where you were
located when you took this photograph?
A: I was located --
MR. DYMOND: We object on the grounds that it is not proper Re-Direct.
MR. OSER: I withdraw the question. Your Honor, the State has no further need for this witness. The State at this time wishes to offer, introduce and file in evidence the exhibits marked for identification S-43, -44, -45, and -46, the 35 millimeter slides.
MR. DYMOND: If the Court please, we object to these on the grounds they are irrelevant to the issues in this case.
THE COURT: The objection is overruled.
MR. DYMOND: To which ruling, Counsel reserves a bill of exception making the exhibits S-43, -44, -45 and -46 part of the bill, Defense's objections as well as the ruling of the Court and the exhibits and all of the testimony up to now parts of the bill.
MR. OSER: The State would now like to offer, introduce, and file in evidence that previously marked as S-33, -47, -48 and -49.
THE COURT: S-33? And you haven't marked anything as -50 yet.
MR. OSER: No, sir.
MR. DYMOND: To which ruling Defense objects on the grounds of relevancy.
THE COURT: The objection is overruled.
MR. DYMOND: And reserve the same bill of exception and containing the same other parts except that we want the Exhibits S-33, -47, -48 and -49 as parts of this bill.
MR. OSER: At this time the State requests permission of the Court to display the slides and the 8 x 10's to the Jury.
THE COURT: Mr. Sheriff, tilt that screen a little bit and Mr. Oser, you tell me when you are ready to show them to the Jury.
MR. OSER: I want to see if they are in the machine correctly.
(SLIDES DISPLAYED ON THE SCREEN.)
THE COURT: Turn the lights on, Mr. Sheriff.
MR. OSER: The State requests permission to display the photographs to the Jury.
THE COURT: While one group is looking at the pictures let the other group look at the four slides.