OSWALD 1NNOCENTNI LAWYER'S BRIEF - Harold Weisbergjfk.hood.edu/Collection/White...

9
NATIONAL 0 cents UARDIAN the progressive newsweekly VOL, 16, NO. 11 NEW YORK. DECEMBER 19, 1963 'KIDNAPING' STIRS FUROR Bolivia nears an explosion WAS 1741S RILE THE KENNEDY ASSASSENA'rIoN WEAPON? The Della: police had a flexible story DeWitt on Pape 5 OSWALD 1NNOCENTNI LAWYER'S BRIEF .4 report to the Warren Commission by film* Lane . . . Pages 5-9 Jelin Daniel, cm- reopen:dent al tier Purls weekly L'Express, spent what of hietsesnfler in Cube. where he had severe[ interviews with Premier Fidel Castro, including One leterrupled by the rime of President Kennedy's esseursination. On Ore. 24, before leaping for Cuba, he interviewed Kennedy at the White Honer. Dante' agreed not to publish the interview until he met the President a mewled time eller hie Wait to fiseerne. Daniel tell, firereeer, that the President's death eleused him from that cammihnent and his paper publighad both the Kennedy u ntil Castro Interviews. The Interviews were also published in the New Republic (They appeared Dee. 7,14, 31, and are continuing) while aometehat earyinp Der- Atone were ,published le the Now York Times (Dee. It). the London Observer 'Dee. 8) and other nmespepere. The report that follow. summarizes a learnt section of the Daniel Interviews, bored on the New Republic text, A Roma, THE END of Pete um,. 1983, the Cuban and the Soviet govern- ments had reached the definite convic- tion Mat a 13.6.-spennored ixontalisn of Cuba "might take place from one mo - ment to the next." The problem feeble Pleat Catkin and Premier Ehruatichev then was him to convince the U.S. that such air tnvasion would be the "same ea an attack on the Soviet Union"—and the Deluded proposed by the USSR, wan the tenslacement of Soviet IREAts in Cuba. They arrived in the letter halt of July, were fleet officially reported by the U.S. gOverament In September. and a month later the U.S. responded by a blockade at Cubs that brought the world to the Mink or war. A year after this crisis, Fidel Castro told of the sequence of events that led to those fateful days. Specifically, Daniel reports that Castro felt that at a time when "an attempt is being mettle to frighten all mankind by propagating the Idea that Cuba, and in particular 1, might provoke a nuclear war . , The world should know the true story of the missile emplacement." Early to 1082, Castro re- lated. "we had received an Ireettnerletion et Informatics'' , warning US that a new Invasion of the Leland was being pre- pared under the epanserehip of the CIA We also knew that the Pentagon [Vas vesting - the CIA. preparations with the mantle or Its authority. bet we had doubts Pa to the attitude of the President. There were those amend olle infeeznanta who even thought it would suffice to alert the President and dye him Cattle for concern In order to arrest these preparations." By Cedric REHM:tee MEXICO CITY WI OLIVIAN MINERS bladed their hungry, desolate land onto U.S front puree Dm. 0 by "kidnaping" four Ammetans at Gated,. the hernia- phere's begrime single sceree of tin are, Together with Washington's smatterings about "the whole civilized werld's her- rim end imminence," the Cetera story almost out-headlined the one-day-toter Stnelra kidnaping. The _priete for reissue of the Cetarl 'iik. %YiT Ti ell: -ineluenini fe West of the Hadrian atate mine administra- tion COMIBOLi was liberation of mine- union leaders Pimentel and &oaten. who hMi hat been eirested for 'promoting atrikes" end "eabotagIng predettlen." The U.S, pram reports (replete with the usual adjectives—"Communist." "Com- munist-led") dreaded the blearte poli- tical overtones of the althethin—a head- on challenge between Bolivian President Pen Estenssoro snd Vice President Jean Lecriln who, na head of the trade union federation, spike for the miners in ne- gotiate:me over the hoetage.s. lectrin re- ADZETVISEI'S REPORT: What etriststered the whole situation," Caetth sale, was a copy of heels editor Alexel Adahubere official report to KhrtlahCher of his Jen. 3D lateiview with President Kennedy— which reached him a week later in Ha- vana. "What did Kennedy say to Addle- bele Now listen to this carefully, for it is very important he said that the new situndon In Cuba was intrilamble for the Die, that the Americen government lead derided it would not tolerate K mix longer: he had said that peaceful eoex- lelenee was serenade compromised by the fact that Boyle Influence' to Cuba altered Lira balance of streneth, was destroying the espilharlual mimed upon and ter this point Castro ernPhe- sized Ma statement by pronouncing each syllable separately) Kennedy reminders the Reeelane that the 4.8, had net M. imwelied In Hungary, which wag obvi- ously a way of demanding Rudders' non- intervention to the event of a possible Invasion. To be sure, the actual word 'invasion' was not mentioned and Ad- zhilbel, at the time, lacking any back- ground inferinstien, could not draw the some conclu.slons es we did. But when we communicated to Khrushchev all our peetenus inforillatiOn, the Russians. too. (Crartieried Pew 41 turned last month after a Inns Euro- pean visit, undertaken "for health pre- emie" but extended by his appointment es President Poet embeessdor to Italy. GROWING CRISIS: The -kidnaping' dramatised the maturing oriole of 13o- ilvla's 11-yeat-old revolution. which 4.8, dreasura bas dowdy and relentless, abort- ed. The revolution expropriated the mines from the tin berons. widely redis- tributed lend. and organized It militia of worker. and peariento who had smashed the. old army In le63. In Dieveli- suing. -9eale Ddr . Drareitherialf -eidifli4 ILK eyetematicrolly watered down along with the militancy of the teeth:mai Revo- lutionary Meeditnent (UM which still monopolises Bolivian politico. Land own- ership haled to benefit poverty-Wickert peasants, whose tools and techniques re- main medieval. Tin mining, pivot of the tountreb "eeraunny." slid further down- hill from its already wretched state when It was nationalired Today's production Le 50% of what It was in the revolution yeas. With no anther of Ito own—the get- ernment, kept afloet by U.B. handeuts, never dared accept MohoOnea offer of smelter plus a shingles' $100,00.000 de- velopment loan—lend-locked Bolivia's tin coda more to produce and deliver then the foreign-controlled market price. While It piles up deficits with ev- ery pound of OTC it minea• profits flow to market-manipulators abroad, headed by tin-beren Anterior Praino who, and- thug by private let between his various residences-ln-"exile." shows open con- tempt for hie "expropriator," President Pan. Recently the Mexican government, having invited Paz as a state miter., re- :reread for him Mexico City's fincet ho- tel suite. Pas had to be hurriedly relo- cated, because the sidle le privately own- ed, end its owner—Patine—nOtifled the hotel he would need it Jute at that time.) TERRIBLE CONDITIONS: The 7.000 Bolivians who produce the tin have been lamtinned on Pope 10) In this issue HONOR TO PAULINC Report to Readers p. 2 PEACE CONFERENCE The TTP sessions p. 3 HIGH CONSPIRACY Allen's book p. 10 HOLIDAY NOTE See the Gallery p. 12 A FRENCH NEWSMAN'S INTERVIEWS WITH KENNEDY AND CASTRO The Cuba crisis, in retrospect

Transcript of OSWALD 1NNOCENTNI LAWYER'S BRIEF - Harold Weisbergjfk.hood.edu/Collection/White...

Page 1: OSWALD 1NNOCENTNI LAWYER'S BRIEF - Harold Weisbergjfk.hood.edu/Collection/White Materials/White... · pean visit, undertaken "for health pre-emie" but extended by his appointment

NATIONAL

0 cents

UARDIAN the progressive newsweekly

VOL, 16, NO. 11

NEW YORK. DECEMBER 19, 1963

'KIDNAPING' STIRS FUROR

Bolivia nears an explosion

WAS 1741S RILE THE KENNEDY ASSASSENA'rIoN WEAPON? The Della: police had a flexible story DeWitt on Pape 5

OSWALD 1NNOCENTNI LAWYER'S BRIEF .4 report to the Warren Commission by film* Lane . . . Pages 5-9

Jelin Daniel, cm-reopen:dent al tier Purls weekly L'Express, spent what of hietsesnfler in Cube. where he had severe[ interviews with Premier Fidel Castro, including One leterrupled by the rime of President Kennedy's esseursination. On Ore. 24, before leaping for Cuba, he interviewed Kennedy at the White Honer. Dante' agreed not to publish the interview until he met the President a mewled time eller hie Wait to fiseerne. Daniel tell, firereeer, that the President's death ✓eleused him from that cammihnent and his paper publighad both the Kennedy until Castro Interviews. The Interviews were also published in the New Republic (They appeared Dee. 7,14, 31, and are continuing) while aometehat earyinp Der-Atone were ,published le the Now York Times (Dee. It). the London Observer 'Dee. 8) and other nmespepere. The report that follow. summarizes a learnt section of the Daniel Interviews, bored on the New Republic text,

ARoma, THE END of Pete um,. 1983, the Cuban and the Soviet govern-

ments had reached the definite convic-tion Mat a 13.6.-spennored ixontalisn of Cuba "might take place from one mo-ment to the next." The problem feeble Pleat Catkin and Premier Ehruatichev then was him to convince the U.S. that such air tnvasion would be the "same ea an attack on the Soviet Union"—and the Deluded proposed by the USSR, wan the tenslacement of Soviet IREAts in Cuba. They arrived in the letter halt of July, were fleet officially reported by the U.S. gOverament In September. and a month later the U.S. responded by a blockade at Cubs that brought the world to the Mink or war.

A year after this crisis, Fidel Castro told of the sequence of events that led to

those fateful days. Specifically, Daniel reports that Castro felt that at a time when "an attempt is being mettle to frighten all mankind by propagating the Idea that Cuba, and in particular 1, might provoke a nuclear war . , The world should know the true story of the missile emplacement." Early to 1082, Castro re-lated. "we had received an Ireettnerletion et Informatics'', warning US that a new Invasion of the Leland was being pre-pared under the epanserehip of the CIA

We also knew that the Pentagon [Vas

vesting- the CIA. preparations with the mantle or Its authority. bet we had doubts Pa to the attitude of the President. There were those amend olle infeeznanta who even thought it would suffice to alert the President and dye him Cattle for concern In order to arrest these preparations."

By Cedric REHM:tee MEXICO CITY

WIOLIVIAN MINERS bladed their hungry, desolate land onto U.S

front puree Dm. 0 by "kidnaping" four Ammetans at Gated,. the hernia-phere's begrime single sceree of tin are, Together with Washington's smatterings about "the whole civilized werld's her-rim end imminence," the Cetera story almost out-headlined the one-day-toter Stnelra kidnaping.

The _priete for reissue of the Cetarl 'iik.%YiT Ti ell: -ineluenini fe West

of the Hadrian atate mine administra-tion COMIBOLi was liberation of mine-union leaders Pimentel and &oaten. who hMi hat been eirested for 'promoting atrikes" end "eabotagIng predettlen." The U.S, pram reports (replete with the usual adjectives—"Communist." "Com-munist-led") dreaded the blearte poli-tical overtones of the althethin—a head-on challenge between Bolivian President Pen Estenssoro snd Vice President Jean Lecriln who, na head of the trade union federation, spike for the miners in ne-gotiate:me over the hoetage.s. lectrin re-

ADZETVISEI'S REPORT: What etriststered the whole situation," Caetth sale, was a copy of heels editor Alexel Adahubere official report to KhrtlahCher of his Jen. 3D lateiview with President Kennedy—which reached him a week later in Ha-vana. "What did Kennedy say to Addle-bele Now listen to this carefully, for it is very important he said that the new situndon In Cuba was intrilamble for the Die, that the Americen government lead derided it would not tolerate K mix longer: he had said that peaceful eoex-lelenee was serenade compromised by the fact that Boyle Influence' to Cuba altered Lira balance of streneth, was destroying the espilharlual mimed upon and ter this point Castro ernPhe-sized Ma statement by pronouncing each syllable separately) Kennedy reminders the Reeelane that the 4.8, had net M. imwelied In Hungary, which wag obvi-ously a way of demanding Rudders' non-intervention to the event of a possible Invasion. To be sure, the actual word 'invasion' was not mentioned and Ad-zhilbel, at the time, lacking any back-ground inferinstien, could not draw the some conclu.slons es we did. But when we communicated to Khrushchev all our peetenus inforillatiOn, the Russians. too.

(Crartieried Pew 41

turned last month after a Inns Euro-pean visit, undertaken "for health pre-emie" but extended by his appointment es President Poet embeessdor to Italy.

GROWING CRISIS: The -kidnaping' dramatised the maturing oriole of 13o-ilvla's 11-yeat-old revolution. which 4.8, dreasura bas dowdy and relentless, abort-ed. The revolution expropriated the mines from the tin berons. widely redis-tributed lend. and organized It militia of worker. and peariento who had smashed the. old army In le63. In Dieveli-suing. -9eale Ddr .Drareitherialf-eidifli4

ILK eyetematicrolly watered down along with the militancy of the teeth:mai Revo-lutionary Meeditnent (UM which still monopolises Bolivian politico. Land own-ership haled to benefit poverty-Wickert peasants, whose tools and techniques re-main medieval. Tin mining, pivot of the tountreb "eeraunny." slid further down-hill from its already wretched state when It was nationalired Today's production Le 50% of what It was in the revolution yeas.

With no anther of Ito own—the get-ernment, kept afloet by U.B. handeuts, never dared accept MohoOnea offer of smelter plus a shingles' $100,00.000 de-velopment loan—lend-locked Bolivia's tin coda more to produce and deliver then the foreign-controlled market price. While It piles up deficits with ev-ery pound of OTC it minea• profits flow to market-manipulators abroad, headed by tin-beren Anterior Praino who, and-thug by private let between his various residences-ln-"exile." shows open con-tempt for hie "expropriator," President Pan. Recently the Mexican government, having invited Paz as a state miter., re-:reread for him Mexico City's fincet ho-tel suite. Pas had to be hurriedly relo-cated, because the sidle le privately own-ed, end its owner—Patine—nOtifled the hotel he would need it Jute at that time.)

TERRIBLE CONDITIONS: The 7.000 Bolivians who produce the tin have been

lamtinned on Pope 10)

In this issue HONOR TO PAULINC

Report to Readers p. 2 PEACE CONFERENCE

The TTP sessions p. 3 HIGH CONSPIRACY

Allen's book p. 10

HOLIDAY NOTE See the Gallery p. 12

A FRENCH NEWSMAN'S INTERVIEWS WITH KENNEDY AND CASTRO

The Cuba crisis, in retrospect

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4 NATIONAL GUARDIAN December 19, 1963

Two interviews brought up, and hr mired Kennedy whether the ideas contained in his earl-ier expression of support for the Algerian revolution— made while he was a Sen-ator—had been efaIthfullY applied in Saigon and Havana." Kennedy replied that they hadn't time to discuss Viet-

nam, but "I'd like to talk with YOU about Cuba" and that their discussion could continue after Daniell return from Cuba. Kennedy began by noting that the Eur-opean press had aroused the U.S. of be-ing blind to the real situation in Cuba.

Then he declared: "I tell you this—we know perfectly well what happened in Cuba, to the misfortune of ell From the beginning I personally followed the development of these events with mount-ing concern.

"/ believe that that there is no coun-try to the world. including all the Afri-can regions. including any and all the countries under colonial domination. where economic colonization, humilia-tion and exploitation were worse than in Cuba, in pert owing to my country's policies during the Batista regime. I be-lieve we created, built and manufac-tured the Castro movement out of whole cletti and without realizing It. I believe that the accumulation of these mistakes

Grimm:tat

IN THE SPIRIT OF CHRISTMAS

. . . REMEMBER THE

HURRICANE DISASTER IN CUBA

H URRICANE FLORA, which nmeettemly lathed the Isiond for flee consecutive dare last November. left in its wake misery and suffering beyond human

comprehension. • I N THE SPIRIT OF CHRISTMAS let us extend a helping hand to oilevinte

human pottering and stave off disease and starvation which titre:atm to grow into epidemic proportions. • FLORA BRUSHED BY CUBA. pawed over Hein ter 24 hours. then doubled

back around the Sierra Meeetra where it was trapped for flee days In Oriente and Camaguey Provinces. Winds swirled at a rate of 180 miles per hour over an area of 264 miles Almost SO inches of rain felt flooding all of the land areas Into vast lake between the three main rheas of the em elt:wee: Rio Canto. Rio Conthemoestre ge miles away, and Rio Bayonne 15 miles farther UM 7.

• FIFTEEN HUNDRED LIVES were lost and n Tull a billion deems Ill property

destroyed. •

M or THE LIVESTCR was washed to ven. Tent of elites were completely destroyed. Forty-fete thengand families were left with nothing but tat-

tered clothing an their baclus--ell of their productive and personal PrOVertt lost.

• E.C.D.R.0 is A NON-PROFIT ORGANIZATION formed by a

• croup of t1.8., citizens for the purpose Of clarrynai eta a hUM1111 Ititrittn. nen-political merlon to help victims of -this dleureem"-eideraves area. The pregeom functions within the reeteletIons of our goveinniernen barge which permits the shipment of medical supplies and total.

(Continued from Page 1.1 began to Interpret the Kennedy-Adehubel conversetton as we now It and they went to the source of our Information. By the end of a month, the Russian and Cesben governments had reached the definite conviction that an invasion might take place from one moment to the next. Tills is the truth.

"What was to be done? How could we Prevent the lnyasion? We found that Khrulthchey woe concerned about the ARMS things that were worrying us. He naked us what we wanted. We replied: Do whatever is needed to convince the U.S. that any attack on Cuba Is the same as an attack on the Soviet Utdon. And how to realize this objective? All our thinking and discussion revolved around this point. We thought of a proclamation, an Milani:re, conventional military aid. The Runlets explained to us that their con-earn wee two fold: first, they wanted to nave .the Cuban revolution tin other words, their socialist honor in the eyes of the world] and at the some time they wished to avoid a world conflict. They reasoned that if conventional military old was the extent of their amistance,

Peale 07 Mare RIbaraL The °Narver, Loner. rrucnnr.ft FIDEL CASTRO MAKES A POINT IN AN INTERVIEW

The Cuban leader gave his version of the missile crittie

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the U.S. might not hesitate to Mitigate an InvasiOn, in which case Russia would retaliate and this would Inevitably touch off a world war. A MATTER OF HONOR: "Under the circumstances. how could we Cubans have refused to share the risks taken to Alive 110 iay this "risk" Daniel subse-quently explained. Castro wen referring to a decision of the Soviet government to offer intealles to Cuba, I.e., to the fact that, according to Castro. the original offer of minima came from the USSR--not 23 a response CO a Cuban requentl. It wag, In the final analysis. a question of honor, don't you agree? Don't you be-lieve that honor plays a role In politica? You think we fire romantics, don't you Perhaps we are, And why not? In anY event, we are militants. In a word, then. we agreed to the Implasement of the missiles And I might odd here that for on ethane it didn't really make en much difference whether we died by conven-tional bombing or a hydrogen bomb. Neverthelees. we were not Framblina with the peace of the world. The De. was the one to jeoperdlze the pence of mankind by using the threat of war to sane rev-olutions.

"And AO in June, 1562. my brother Raoul and Che Guevara went to Moe-C010 to rescues ways and means of In-stalling the missiles. The convoy arrived by sea In three weeks, The U.S. was able to find out that the weapons were be-ing shipped in, of coins; but it took them two months to discover that these weap-ons were guided Mastless Two months

. In other wards, longer than we had calculated. Because, of course, we were seeking intitrUdailon. not aggreseitM.-

KENNEDY INTERVIEW: In contrast to his interviews with Castro( one of which

began at 10 p.m, and ended at 4 hind. Danlel anent less than 25 minutes with Kennedy. On Daniel's Initiative. the subjects of Cuba and Vietnam were

has leopordised all of Lattn America.

"The great aim of the Alliance for Pro-gram Ls to reverse this unfortunate pol-icy. This to one of the moat, If not the moat. Important problems in American foreign policy. I can assure you that I hare Understood the Cabana. I approved the proclamation which Fidel Castro Mode In the Sierra Maestro, when he Justifiably called for Justice and espe-cially yearned to rid Cuba of corruption I will go even further: to some extent It in as though Batista was the Incarna-tion of a number of eine on the part of the U.S. Now we shall have to pay for those gins. In the matter of the Bettete regime, I am In agreement with the first Cuban revolutionaries. That is per-fectly clear.

'NOT A SOCIOLOGIST': "But It Is also clear that the problem has ceased to be a Cuban one, and has become interne-homil—that it, It has become a Soviet problem. I am the President of the U.S. and not a soclololgist, I tun the Presi-dent of a tree nation which has certain responsibilities in the Free World. I know that Castro has betrayed the promises made In the Sierra Maestro, and that he agreed to be a Soviet agent in Lacbr America."

Kennedy then accused Castro of bringing the world "to the verge of nu-clear war" In October, 1562. He said the Soviet Union understood this, but that "no far no Castro Is concerned. 1 must say I don't know whether he realizes this, or even If he cares." He then declared that Latin America will not attain "jus-tice and progress" through Marxian so-cialism. -The U.S.," Kennedy concluded, "now has the possibility of doing as Much good in Latin America 23 it has done wrong in the past: I would say that that we alone have this power—en the essential condition that Cnrrimitnlsm does not take over there "

71.1 Rev. Welter Intehell Judge Stealer Storfatt ▪ Otte 10001110 Rcott Naar., nine, it Nal, JO , 70010.10 terbote server Onormer

7' Parterroo Prof. Linea Peatng nee. Crneard L. Pr, Rea. Carl Pete-rern Dr7den L 110,101 tree RehrO00.0 entree A_ enlace Oran. P. Lento. Rae. Willem 2t, Ppo.tlerd natty P Peron. Dr. Willard Urn.. Mars 7.11 Ileect Clara M. Vt.., ▪ narrowed Walt II DtTnerd Welter A.ohre7 wilnama Rev. Dane Mee PrIlluarno Ron. Claude WilDarne Rey. Liar, L Watley

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December 19, 1963

NATIONAL GUARDIAN 5

Lane's defense brief for Oswald In an analysis of the civil liberties aspects of the assassination or

Lee Harvey Oswald, the American Civil Liberties Union said the "public Intermit.' would be served If the commission named by President John-son were to make "a thorough examination of the treatment accorded Oswald, including his right to counsel, the nature of the interrogation, his physical security while under arrest, and the effect of pretrial pub-licity on Oswald's right to a fair trial."

In the public interest the GUARDIAN is devoting one-half of its issue this week to a lawyer's brief Ln the Oswald case which has been sent by the author to Justice Earl Warren as head of the fact-finding commission Inquiring into the circumstances of the assassination of President Kennedy. The author to Mark Lane, a well known New York defense attorney, who has represented almost all the civil rights dem-onstrators arrested in New York. He has also served as defense counsel In a number of murder cases involving young persons,

In 195P, he helped organize the Reform Democrats In New York. an Insurgent movement within the Democratic Party, was the first candidate of the movement to be nominated to the New York State Legislature and was elected In Igen.

In his letter to Justice Warren accompanying the brief, Lane urged that defense counsel be named for Oswald so that all aspects of the case might be vEgarOsIsly pursued, particularly since Oswald was de-nied a trial during hie lifetime. It is an Ironic note, as the ACLU state-ment eald, that "If Oswald had lived to stand trial and were convicted, the courts would very likely have reversed the conviction because of the prejudicial pretrial publicity."

The OL/AR,DIAN's publication of Lane's brief presumes only one thing; a man's innocence, under U.S. law. unless or until proved guilty. It Is the right of any accused, whether his name Is Oswald, Ruby or Byron de la Beckwith, the man charged with the murder of Medgar Evers in Mississippi. A presumption of innocence is the rock upon which American jurisprudence rests. Surely It ought to apply in the "crime of the century" as In the meanest back-alley felony,

We ask all our readers to study this document, thole it to as many persons as you can (extra copies are available on request) and send us your comment. Any information or analysis based on fact that can assist the Warren Commission Ls in the public interest—an in-tercin which demands that everything possible be done to establish the facts in this Case. —TILE GUARDIAN

By Mirk Lane I N ALL LIKELIHOOD there does not exist a single

Amerman community where reside 11 men or women, geed end true, who presume that Lee Meyer Oswald dal not imeasinete President Kennedy. No more caress comment can be made In reference La the bres,kdewn Of the Angledeeeen system of Jurisprudence. At the very faundetion or our Judlelel eteeratien lies a earner-stone which sheltere the Lartocerit and guilty alike agentst group hyetetes, inanufactated evidence, avers ecaleue law enforcement officials, in abaft. against these !edam which militate for en automate& pre-indeed, neatly Peekeged verdict of guilty. It is the aimed right of every eitieen accused of committing a crime to the preens:mitt:in cti Innocence.

This presternetten. It has been written, le a &ail &lusted by the accused when the Initial charge Is Made. and worn by nen contenuoully, It is worn through-out the entire case presented eel:dine him, and net taken from the defendant until efeerthe has had an w- eer-Waite to eras-examine

eieVR5rV-at his Mn witnesses MA' S& hull: ••-

Oswald did not testify. Indeed, there WM be tee case, no trial. end Oswald. murdered while in police cthiteely. still bee no lawyer. Linder auch circuMerlences tbe de-velopment of a passible defense Is difficult, almost im-possible. Under such circumstances. the develoyment of such a defense In obligatory.

There will be an investigation. No investigation. how-ever soundly motivated, can serve as an adequate sub-stitute fee trial. Law enforcement officials inveatigate every miming ease before it Is presentee] to e. buy The inveeLigation In almost ell such eases results In the Linn conviction by the investigator that the mauled Is guilty. A Jury often finds] the defendant inneoent, net-withathndltig.

That Web intervenes between the resions tnewsti-gator and the Jury Is due process of law, developed at great suet In human life sad liberty over the steers, It

the right Is have irrelevant testimony barred. It Is the tight to have fade, not hopes or thoughts or wishes Ur prejudicial opinions, presented. It Is the right to test by erase-examination the veracity of every witness and the value of his leatlescene It le. perhaps above all. She right to counsel of one's own (Medea so that all the other rights may be protested, In this defense, Oswald Iles forfeited all rights along with his afe.

The reader. Mundeted at the outset with 48 solid television, radio and newspaper hours devoted Le mow-ing the guilt of the accused and mint; additional "eel-denim" since then, cannot now examine this ease with-out bringing to It certain preconceived ideas. We ask, instead, only for a temporary suspension of eel-hinny.

The case against Oswald

LONO BEFORE OSWALD was shot to death in the basement of the Danes courthouse. the Dallas of-

f Miele had concluded that Oswald was "without our doubt the Inc!." On Saturday, the press was Informed that "tbsOuta confirmation as to Orscald'a guilt" had Net arrived but that the "eterilIng evidence" could not then be released to the prem.

Immediately after Oswald was slain. the Dallas &s-trict attorney. Henry Wade, announced that the "Os-wald case was cloned." Despite the deep belief that pre-vailed throughout the U.S. as to Oswald's guilt, doubts raised throughout Europe escalated with Oewald'e mur-der into altmait absolute rejection of the prosecution ease.

the &Pelee Departenent then announced that the ease was not cloned. Wade called a press conference to "reopen" the ram. In a ladle and televizion statement, Publicised throughout the world, Wade presented, "the evklentie. Piece by PIM, for yea"

Wade 1.5 not pew to the ways of law enforcement and prosecution, He ilea held the post of districe attor-ney In Dense 13 years. He has a staff of 80, and en

A

LEK HARVEY OSWALD AND THE DALLAS POLICE He was questioned, without cannel, for 48 hours'

annual budget of almost e611e.000. Psi' move than four yeLrEl he was an FBI agent before becoming distrait attorney.

He beanie of obtaining the death sentence in 23 of the 34 capital cases he ban prosecuted. It can be as-sumed that the Oswald ease was by tar the Most Im- portant matte'. That lie ever handled, and that ep- pearenee on Sunday to present the evidence was the high pond of his career This was an aPPeewience for which he bad abundantly prepared himself.

In that light, we now examine the "airtight cam." the "absolute confirmation of Oswaid'e gent." Wade Pre-sented 15 assertions, some mere conclusions, some with a source not revealed. some documented.

Here are the 15 assertions: 1—A number of witnesses sow Oswald at the window

of the sixth Dear of the Texas School Book De-pesitory.

7-0sweld'a palm print appeared on the rifle 3—Oswald's palm print annealed on a cardboard box

found at the window. 4—Paraffin testa on both bends allowed that Oswald

hail fired a gun recently. 5—The rifle. an Italian carbine. had been purchased

by Oswald. through the malt, under an assumed mune.

11-0invald had In his possession en Identification lard with the name Miele

7-0ewald wee seen in the buntline by a pollee Officer Just alter the Preeddent had been shot.

8—Oswald's wife said that h.ls rifle was missing Friday morning.

5—Oswald had a package under his gem Friday. 10—Opwald, while taking a bus from the scene, laughed

loudly as he told a wealth Pliestellgte UM the President had been abet,

11—A 'case delver, Darryl Click. teak Oswald home, whore lie elle/Wed hie clothes.

17,--05weld shot and killed a pollee officer. I3—A witness ease Oswald enter the Texas theater, 14—Oswald drew a pistol and attempted to kill the ar-

resting offluer. 15—A map wait found In Oensald's possession showing

the note of the assaesination and the bullet's proposed tralecemy.

Perused lightly, the net seems impressive. Hut to capital eases evidence is not perused lightly. It 15 sub-Jest to probing cross-ceeeneleelon, study and ane17815. The most effective tool available to any defendant, cross-examination, to not available In this case, We rely Instead yodels upon press senores of statements mode, not by witnesses for the defense, not by the de-fendants Intt by the district attorney, Pollee effleens or FBI agents. With this oppressive restriction in mind, we wove on to an analysis of the evidence,

Point One number of whiles.. saw Oswald at the isludow of

the Math neer of the Texas School Book DelessaterY. eT.NOE IT IS ALLEGRO that Oswald fired thee/Ugh

that window, that assertion is Important. Wade was unequivocal, stating, "First, there wee a number of witnesses that now the person with the gun on the Math (leer Of the bookstore building, In the window—detailing the window—where he was laOlttha out" 1344- sequently, it developed that the "number of witnesses" was In reality one withese, who was quoted as follows: "I can't identify him, but If I see a men who looks like him, Iii point him nut." ENewsweek—Dec. In Such "Identlficallen" le at best speeulative and would net be permitted in that form at trial.

Point Two Osteald's palm print appeared ea the rifle.

A PALM PRINT, unlike a fingerprint, Is not alwiiye uniquely identifiable. Nevertheless, palm Mints Pas-

sIbly belonging to the suspect end present on a murder weapon must be coneklared Important evidence. If the rifle did belong to Oswald, the presence of peen prints there might be normal and need not Med to the inevit-able conclusion that Oswald fired the fatal shots. How-ever, speculation in thee area SA lint now required to rebut Wade's second point. The FBI Matt elates that "too palm prints were found on the thee."

This conclusion, first carried in the Port Worth prem. was later leaked to reporters by the FBI in off-the-record briefing meeslene. The PSI at that time Met the Position that "we don't bar's to worry about prints In this ease." The FBI Indleated anger with Wade for elating that it palm print was present when In fed it was not.

Point Three Oswald's palm print appeared ten a cardboard hoc

feline at the window.

WADE STATED, "On this box that the defendant was sitting on. his palm prim was found and wed

Identified as hit Thaatattell no see palm mint in not al-ways uniquely Identifiable, demnt); on the number of characteristics that are readable, the palm print Very likely was net definitely "identified as his,"

It hod been alleged earlier that the defendant ate groan, tried shirkers at the window. The presence of a palm print Indicates that he wore no gloves and took no peewit/eve to prevent a trail of fingerprints and pains prints. Nevertheless, no prints of the de-fendant were found on the floors, walls, window ledge, window frame or window. Only a merphla cardboard carton. subsequently preeent at the police stetter' while the defendant was also there, Is now alleged to have Ms print.

An over-zealous Investigatory staff might arrange to secure seen a print otter' the foot. Certainly the hea-dline of that ease by the Dallas authorities Wes marked by over.senlous desire to convict the defendant. A dise

(Continued on Page 6)

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/T4ii-t 01- ()strait!: .1 Ftlet , r infantous. a SAMPLE HEADLINE.—THIS ONE IN THE N.Y. HERALD TRIBUNE NON'. 24

The question mark hardly erases the emosalloanNam al treatment

6 NATIONAL GUARDIAN

An examination of the evidence against Oswl (Ceretimred frosts Pope 31

telet attorney who states fatale, that n palm ORM is present on the murder weapon might mirke n similar eintement in v.f. 'nee to a eardbaerd eartori

Point Four Perafele teete on bola lined. Strewed titer ()Award

had fired a sun recently.

PLRAFFIN IS APPLIED ter that portion of the hu-man body which might came In close contact with

the gas released by ti weapone firing. containing solid Panicles of brantel nittatee euspetudon To deter- mine whether n pistol rte.. a gum has been fired texts are made of both handle To determine whether a rifle ha. been fired. teas era made of teeth hands and the area On both eities of the rime near the cheekbone, the cheek remaining In immediate contact with a rifle when the trigger Le pulled

In the service. ;re any veteran. including Wade, well knows. a rifle !safeness referred to as n thee. It to never. under fear of can-ream punishment. called a gun Iplatalr. At Week's Mete conference. thin dialogue took place Repartee: What about the paraffin testa? Wade- Yea. I've gat paraffin testa that showed he

He presents the 'evidence-1n the preen

had recently fired a was no both hands.

Wade: Both hands. Reporter: Reaently fired • rifle? Reporter: A gen. Wade: A gun.

Wade', enewera, ohne !reliant]. welt a study in un-deretattMent. The district attorney neglected to .Late the additional facts that testa had bean conducted on Oswald's Nee and that the tests revealed that there were no trace. of au-Merv/der on Oewald's face Mash-MEM. Star, Nov. 241, One fact emerges here with clime Ity. The paraffin test did not prove Oswald fired a rifle mantle. The test tended to prove Oswald had net fired a rifle recently. Tine fact alone rases that Ma-amiable doubt that a Jury might Miller In finding the defendant not guilty.

Point Five The rifle. an Witten ambles, had been purchased by

Oswald thrtergh the mall and under an assumed name. WADE SAM. "It n the rifle), ;us I think you know.

Ilea been Identified as having been purchased laze March by Oswald, from a mail-order house, through an ;resumed name named Hhiell, mailed to a post office box here in Dallas" Wade geld this wee the weapon that killed the President.

Wade had made a very different statement in refer-ence to the murder weapon amt a chart while before.

Just after the arrest of Oswald. Dallas law enforce-ment officials announced that they had found the murder weanan Wade and hle emaciates; studied the rifle. It was shown to the television audience repeat-bag az name enlargement official carried tt high In the air, with Ms bait hands on the rifle. After home of

ceaminntion Wade said without hesitation, that "the murder weapon was a German Manser."

The next day It wee reported that 113I files showed that Oswald purchased all Italian carbine through the malt. It was sent to a isnot-office box maintained by Oswald lu hie own name and also A. Hide rawly no serious effort to escape detection as the purchaser of the rifle was made by Oswald, if i.e did purchase it.;

Armed with the knowledge that Oswald could be con-needed with an Italian carbine it then not being known that the Haien rifle In question might not be able to fire three times in five seconds), Wade made a new announcement. The murder weapon was not a German Maumee, it was an Italian carbine. This prOstution re-versal establiehed ri high point in vnIneeibility for the trial--the trial that wee never to take place.

Point Six Oswald had In his pommelon an Identilleatien card

with the name Hidell.

WADE SAID "On Ms 1 031.1,3'51 Person was a pock-etbook, In his pocketbook was an Identification

card with the Same name II:Meth es the poet-office box on it.`

Almost immediately attire Oswald was arrested the police smarted that he was guilty of assassination. was a Communist, was the heed of the New Orleans pan Play for Cuba Committee. and had used an alias, "tee." the nerve miller which he had rented his $8-a-week roam. The following day, after the FBI had revealed that Oswald had purchased a rifle tinder the Resumed name Hidell, the Dallas DA ennotuned for the first time that Oswald had carried an identification card under the assumed name Hidell en his person when he was arrested the previous day,

One wonders why the pollee and the DA. In announc-ing Oswald's; political background. failed to mention another alias readily available to them. Clearly, the suspect was Immediately searched when arrested. Clear-ly, an identification card made out to another person fitting Oswald's deactiptIon exactly was proof of an-other maimed name. Why did the Dallas authorities publicly 'discover" the ID said for Hldell after the FBI said thee Oswald purchased a rifle under the name Hidell?

Point Seven Oswald we leer, in the building by a Pali, officer

Just after the President had been shot.

WADE SAID. "A police officer, immediately after the earessanation. ran in the building end Saw this

man 111 a corner and tried to areal him, but the man-ager of the building said he was an employe and it was all tight. Every other employe was located but Wls de-fendant of the company. A dem-lotion end item of him went out by pollee to look for him." )At this point. It might be in order- to state that all of the Wade quo-tations are reproduced unedited. said In their entirety. The text of the Wade remarks appeared in the New York Times. Nov. 20.,

Unexplained by Wade la why the officer was going to arrest Oswald. who was sipping a soft drink In the lunchroom along with others. If the officer had maven to single out Oswald for alert for the assassination lit that time. It ;teems unlikely that the mere statement that Oswald wee en employe Might result In Immunity front arrest.

Wade does explein, however. how the almost immedi-ate description of Oswald was radioed to the police and to the citizens of Dallas. The explanation: 'Every other employe was located but this defendant of the corn-wave' The New York Ilmee INoe 231 retorted: "About 00 persons were employed in the Texas School Boole Depository and mast of them were nut watching the President's motorcade when the Meets were flred.- Po-llee Chief Curry. Who was riding it a car Met 40 feet ahead of the Limousine earreing the President, said he could tell foam the ignmd of the them abate that thee had come from the book comeanYa building. Moments after the dents were flied, Cury slid. he radioed instrac-hone that the building be surrounded and searched

New York Times, Nov. 241. The deployment of Si ricers from his 1,100-man force made fest action Allele in the menhunt he said.

The scent painted for us by Wilde and Curly officers immediately rushing to the Melding to a off and seaveti it. This Ls the buntline from whir fatal shots allegdadly were fired.

In these circumetances, le it likely that °mall permitted to leave the premises after rile police anlvede Is it likely that Oswald, after killing the I dent, and deciding to leave the premises. decided to atop off for n soein, and had then—only afte building was surrounded, sealed off and the mare gun—made an effort to Rave? Is It likely that ea the almost 90 employes, inCWt of whom Were Otttel the building, enailled In the panic and colt ado tendant upon the a.searaination, canal easily and Iv return to Ills place of employment through the line, while still on hie lunch hour, as that "every employe was located but this defendant . ." em description of the one miming employe radioed et

Point Eight .00,:t.....s141, wife said that the rifle was mhsing F

WADE SAID. "Tile wit, had said he hind the the night before. and it was miming that

Mg after he left" All indication,. are Irons eteten made by other IRA' officinal and from PHI pr briefings that Mrs. Oswald had never been quote saying nnythIng remotely similar to Wedee assert

Mrs Oswald wan alleged to have said, at the moot, that she now something 111 a blanket that I have been a rifle. However, It soon became plan tha Secret SerD,IDe 'leak' was lteelf absolutely Insect Later we discovered that Mrs. Oswald stated the, never knew that her husband owned a rifle nor dim know he owned a pistol INew York Times, Des.

Perhaps Wade and the Secret Service felt confl that, Mat as Oswald never got the opportunity to his side of the story. tetra Oswald might also have ficulty In bane heard. Immediately after the asses lion Marine Oswald. Oswald's wife, was Inearce by the Secret Service. "The widow and relative") et Harvey Oswald RIZ brine sequestered here IDallas the Secret Service. A spokesmen for the Secret Se lard the family was being kept in n. learn place its own protection ... A Secret Service spokesmen he did not IMOW when they would be released." York Times, Nov. 27,)

Inasmuch RD there will be no trine Morin Os clearly is not being held RA a material witness. t the federal government has no jurisdiction hi event, there [seems to bt no legal Mats for her it caratton. Lee Omelet's mother. Roper-razed by tilt letting hysteria ea much as his withal-. after beim leaned from li=DXD‘ Service "protective custody." quested that a guard be stationed at the door of home. The Secret Servier rejected that vequeet, ab that ate was not In danger. One wonder. then Marina Oswald. widely and inaccurately quoted be Secret Service nod FBI, reinnin - d In carded; Pleetleally ineereenunicado m well. The name Ian the New York Time that entreaty statsd Marina ward's view of the rifle said. "Mrs. GeWald has moved from the motel .-here She was taken with Marguerite Oswald, her brothet-in-law and his after her Inisbernd wee killed. She Is now excluded Onwald's relative. as well as fruit the palate " Se days sate' the "prom-dive cirstady" errata a rep trough: en interview with Marina Oswald. She Indir a desire to meet the reporter. The FBI then inters end prevented the Ineerview.

IL would resin t/tat the Secret &colt! mere WAS toted by n desire in prevent tiny truthful leeks Mrs. Oawalda family cre friend); or through the In reference to her vialre. Al shout the same time Secret Servtce and FBI "leeks" regarding Marina weld's recelleetien a: her ilk hueband's "atemit shoot Oen. Weikkir with the mane assaseinaLion needed the Iron. ones Of every daily III Ame Marina Oswald's asissitlem that she never even I

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liarrrl. Oswald: A Fact, loraver Infamous? es SAMPLE BEADLIKE—TIM ONE LN THE N.Y. HERALD TRIBUNE. NOY. 24

The gees:fah mark hardly erases the seexationothm of treatment

AN

December 19,1963

pe 51 that a palm print Is

night make a manner maid carton.

fy allowed last On 11,1

at portion of the hu• In close contact with

wine) containing solid euepenalcrn. To deter-. hes been fired. teats mdse whether a rifle

both Mends and the ne the cheekbone, the contact with a rifle

Including Wade. well ins a tine. IS Lil never. t. called a gun talent. litelague took place In testae testa that ehowed lee

er HENRY WADE —to the prom

nun—it was on Moth

were a study In Lal-ly neglected to Mate d been conducted on

revealed that there Jaweld'e face .Wash-merges here with Mar- e Oswald fired a rifle one Oswald had not Jane raise. that me-tallize In finding the

ad been purchased b7 er an assumed name, in I think you know. t been purchased last lee home, through an lied to n past office thin woo the neaunn

t statemeid. m [der- e abort while before. Dallas law enforce-

bay lied found the sarrelator aeudied the Ian audience repeat-steeled it high In the rifle. After homy of

examination Wade lurid wiLhout hesitation, rhea "the murder weapon wan a German blamer."

The neat day IL wan reported that FBI flies /Mowed that Oswald purchased an Italian carbine through the mail. ft was sent ton post-offioe bas maintained by Oswald in hie own name and also A. Hldell. (Cleanly no serious effort to escape detection as the purchaser of the rifle was made by Oswald, If he did purchase It..

Armed with the knowledge that Oswald could be con-nected with no Italian carbine lit then not being known that the Italian rule In emotion might not be able to fire three times in five aecondsl, Wade made a new announcement. The murder weapon wag not a German Mauser, It was an Italian carbine. Thal Promcation re-verent establighed a high point In vulnerability' for the trial—the trial that Was never to take Ware.

Point Six Oswald had In his poemeseloa au Identification card

with the name linden.

WADE SAID, "On Ills 'Oswald". person was a pock-etbook. In his pocketbook was an Identification

card with the same name tHidelti as the poet-office box on It "

Almost Immediately after Oswald Woe arreated the Pollee arieerted that he wad entity of amsnialnation, Wan a Communist, was the head of the New Orleans Fair Play for Cuba Committee. and had tared an alias. "Lee," the name under which he had rented his 11111-a-week room. The following day. rifle] the FBI had revealed that Oswald had purchased a rifle under the assumed name Fildell, the Danl. DA nnnormced for the firm time that Oswald had carried an identification card under the ...sinned name Bedell on his perann when he was arrested the previous day.

One wonders why the pence end the DA. In announc-ing Oswald's pontiefil background, failed to mention another all. iced* available to them. Clearly, the suspect was Immediately searched when arrested. Clear-ly, an idennlIcatIon card made out to another person fitting Oawaide description exactly was proof of an-other assumed name. Why did the Dellas authorities publicly "discover" the ID card for Elden after the FBI maid that Oswald purchased a vine under the name if Idol..

Point Seven Oswald was seen In the building by a pollee officer

Just after the President had been idiot

WADE SAID, "A police officer. Immediately after the assassination, ran In the building and new this

man in a corner and tried to Finest him; but the man-ager of the bulldlng mild he was an employe and It wets all right. Every other employe was located 1750 thin de-fendant of the company. A deseription and time of him went out by police to look for him." .At this point It might be In owlet to state that all of the Wade quo-tations are reproduced unedited. and In their entirety . The text of the Wade remarks appeared to the New York Thum Nov 20.1

Unexplained by Wade in way the officer Was going to arrest °meld, who wee sipping a soft drink in the lunchroom along with others. If the officer had reason to elude out Oswald for arrest for the assassination at that thew. It menu, unlikely that the mere statement that Oswald was an employe might result In immunity front arrest.

Wade don explain. howevei, how the almost immedi-ate descripilon of Orreald was radioed to the police and to the ether. of Deltas. The explanation: 'Every other employe sea locaced but thia defendant of the com-pany.' The New York 'Tim. (Nov. 231 reported, "About 90 persons were employed In the Texas School Boot Depository end mart of them were out watching the Presidenla inotarcerle when the allots were fired" Po-lice Chief Curry, who Wan riding In a car Just 40 feet ahead of the ILmoitalite carrying the President, said he could tell from the mound of the three *hota that they had came from the book company's building. Moments after the rhos were fired, Cury said, he radioed Mature-Units that the building be surrounded and searched

(New York Timm, Nov. 24i. The deployment of 500 of-fleets from his 1,100-man force mode fast action pos-sible In the manhunt. he mid.

The scene painted for us by Wade and Curly find, ofIlrarre tmmedintely rushing to the briildtng to mat It off and search It. This is the blinding from which the laud shots allegdedly were fired.

In these circumstances. la it likely that Oswald wax permitted to leave Um premises atter the pollee had arrived, Is It Likely that Oswald, after killing the Freer-dent. and deciding to leave the premiaes. decided first to atop off 1m a soda, sod had then—only after the building was surrounded, muted off and the search be-gun—made an effort to leave? In It likely that each of the almost 90 employee, moat of whom were outside of the building, engulfed in the panic and conturelon at-tendant upon the esaccatitation. could easily and quick-ly return to his place of employment through the police line, whoa still on his lunch hour. so that "every other employe was rotated but this defendant .. ." and the description of the one missing employe radioed el once?

Point Eight Oswald', wile said that the rifle woe missing Fridny

morning.

WADE SAID "The wife Lied seal tie had Inc gthe night before, and II wan missing that mottl-

ing after he left." All lndlcations are from atatemente made by other Ion officiate and from FBI private brief inn that Mut Oswald hod never been quoted as saying anything remotely ainnlar to Wade's assertion.

Mrs. Oswald was elleited to have mid, at the my noel, chat she saw something In n blanket that could have been a rifle. However. It soon became plain that the Secret Service '"leak" was itself absolutely inaccurate. Later we discovered that Mr& Oswald stetted that she never knew that her husband owned a rifle our did alit know he owned a platoi (New York Times, Dec,

Perhaps Wade and the Secret Service belt confident that, Jun as Oswald never got the oplisertimitY to tell his side of the story. Mrs. ()maid might also have dif-ficulty In being heard. Immediately after the as.sasalna-Lion Marine Oswald, Oswald's wife, was Incarcerated by the Secret Service. "The widow and relethee of Lee _Harvey Oswald 5114 being sequestered hoe Dallas. by the Secret Service. A epakeaman for the Secret Service maid the family was being kept in a Secret place for its own protection . _ . A Secret Service spokesman said he did not know when they would be released." 'New York Times, Nov. 27.'

InstermOch an there will be no trial, Marina Oswald clearly Is not Mine held Its a material witness. Since the federal government has no nniadiction In any event, there seems to be no legal basin for her !near-earatiell Lee Osweld's mother. Jeopordieed by the es-Istliut hyeterla no much as his widow, after being re-leased from Scare: Service "protective monody." re-quested that a guard be stationed at the door of het home. The Sewer SITV1Ce rejected that request, slating that she was not In danger. One wonder; then why Marina Oswald, widely and Inaccurately quoted by the Secret Service and FBI. has remenud In custody and practically Moommunicado an well. The Seine Inane of the New York Tbm.,A that surreally stated Marina Os-wald's view of the rifle said. "Mrs. Oswald has been moved from the motel where 4110 .13 taken with Mrs. Marguerite Oswald, her brother-In-law and hie wife, after her husband weer killed, She Is now excluded from Ormaida relatives 05 well as from the patine." Several daya after the "protective custody' begen a reporter sought an Interview vith Marina Oswald. She Indicated a desire to meet the reporter. Tile FBI then imervened and prevented the Interview.

It vreuld !elm that the Secret Sertice more was dic-tstecl by a desire to prevent any truthful leaks from Mra. Oswald's faintly or friends or through the press in reference to her views, At chola the some time more Secret Serytoe and FBI "leaks" regerdlne Marini 05- wald'a recollection of her tote Malamute "attempt to shoot Oen. Walker with the some assagelnalltat rifle" flooded the trotnt pagers of every daily In America. Marine Oswald's aseertlen that she never even knew

a trial

PRESIDENT'kS IN JAIL CORK GRIEVING TI

A SWIFT VERJ The Times Ian

that her husband awned a rifle, bi paragraph of n story appearing on New York Times, is n total remadlatl cation.

It may be said that when Marina ( from "protective custody" she will k the truth of the statement, alarlbut FBI, the Secret Service and Wade, T Ills 'suggested to her (Marina Oowa be seer end easier for her to return Is then to try to live In the United Stela Perham the Secret Service Intended It would be safer and easier for the FBI and Wade and the case againa Oswald quietly left the country.

Meanwhile, back to Wade's "clinch Mrs. Oswald did elate that her hushi and that It wee missing Friday mo dance" would not be admissible tar Texas. The Dallas law enforcement o leas, released that "evidence" to the I fare, to ail potential jurors In alive and facing the passibility of tr did violence botlt to the spirit and : ethic% and to the rights of the defer

In view of Marina Oswald's lack reeding the rifle. and 10 view of the by Ma. Panne. at whom home the el. have been stored, one queactens she actually pessessed the rifle. "Mrs_ Pah she had no Idea what was in the bian because of her parfronal beliefs she weapon of any sort hi her home." I Telegram and Sun. Nor. 25,

Point Nine Oswald had u packase under hie ar

THE PROSECUTOR said. "This de one der earner no Thursday nigh

to—wills this fellow--end when tie c a packale under his arm that he curtain& I believe, or window shades

If Oswald rem nitre. we would pr whether he canned a package to wc hat and If so, what was In the pecan. pened L] Ii: contents. If Mrs. Oswalt up In s-cri. lacat!On we taL2.11t ask 1.0 ere. Wade has not Indicated what e the package Ltd him to the conclusia that ri centeirtid the murder weemn

Point Ten °maw, wh i le faking a Ines from I

loudly as he laid a woman passenger had been shah

WADE. SAID. 'The next hear o where he got on at LaMar Ste

driver' the Precedent had been shot, tr told the lady—ell the was verified by the lady an the bus that the President bald. 'How' Old 112 know?' He raid a Ms him. The defendant said. 'Yea. lire laughed any Mud."

Wede, in telling his Nor& made It plain how Oswald escaped from the b by melte of Dana:, police, We leave enter a now one. Why did Oswald, fie a murder. fake publicly about the mut "laugh very loud"? Such behavior to with 45 llama of cunsietent denial ' custody of the Dallas authorities. Tint ows story seemed on unlikely that the retard ,dose sessions for the press. was matter. In considering that the b is false, we consider also the ataten the telling of ;h. atary, ". chi statements."

Point Eleven A tall driver Darryl Click. took Osu

he changed his clothes.

WADE SAID. "He then—the bus, driver to atop, got off at a atop,

delver. Darryl Click—I don't have his

imination of the evidence against Oswald—for he am

Tula Rile hint'

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OW- 41it....11. P... • x r;.■ MIV 11.114‘1, (1.1011. a. 1.1.. TEM C.C.,1

Dr a trial that can't be held "N IN Nees

IbIrs KW lje New f ork LATE CITY EDifiON

r.3,11110,

'RESIDENT'S ASSASSIN SHOT TO DEATH IN JAIL CORRIDOR BY A DALLAS CITIZEN; GRIEVING THRONGS VIEW KENNEDY BIER

A SWIFT VERDICT OF GUILTY—N.Y. TIMES HEADLINE NOV. VI The Times later 'regretted' les failure to guiltily the word assassin

Oswald the Man, Dallas Cops Sure

By HENRY MACHIRELLA

1963 NATIONAL GUARDIAN 7

ler husband oaned a rifle. bwied In the 14th %ph of II story apPearing on Page 61 of the fork Times. 1e n total repudiation of that 'label-

my he said that when Marina Oswald is reIeuee 'protective cuatedy" she will be able to discuss uth of the statements attributed to her by the he Secret Service slid Wade. The Secret Service •MIEtated to het "Marina Oswald) that It might lc and easier for her to return to the Soviet Union o the to live In the Wined Rata Crimes. Dot, a)," en the Secret Service intended to Indicate that Id be safer and easter tier the Secret Service. the Pd Wade and the case neelnet Oswald if Mrs. I quietly left the country. nwhile. back to Wades "clinched case." Even it lswald did state that her husband reamed a rifle .111 IL was missing Friday morning, such "evi-' would not be adinisaliale under the levee of The Danes law enforce-Merit officiate, neverthe-

cleaned that "evidence" to the public and, there- o all potential Jurors to Dallas. while Oswald was and racism the pmailleity of trial. Such conduct dance both to the spirit and letter of law and and to the rights lit the defendant,

dew of Marina Ograld1 lack of knowledge fe-e the rifle. and In rime of the statement made a. Paine. at whose home the rifle was mitered to been stared, one questrene whether Oswald ever le Poeseased the rule. -Mite Paine, a Quaker. said d no Idea whet was in the blanket. She said that e of her personal beliefs she would not allow' a n Of any sort in her home." •Ners York World am raid sun. Nor. 15,

Point Nine had lied it package under its arm FrirMy

PROSECUTOR said, "Then day he went home • dry earlier on Thursday night. and estate back tot this fellow—and when he Pine back he had

under his arm that be said was wIndaw Is. I bellete, or window shades." wentel v ere alive. we would proceed ro ink 11101 er he exerted a package to weak Friday morn-td U ao. what was In the Package gad what hap-

lit: eontslitS. If Mrs. Oswald wore not locktd t location we iniera oak her about the pack- lode luta not Indicated what evidence regarding One Ltd Min to the mmelualon tint he offered 11 rollshr d the murder weapon.

Point Ten aid. all I. Liking n sun from the ne•rte. laughed as he told a women paPersser that the President en glut. DE SAT-.3, -111; next c hear or lam is on a bees here he get on at LaMar Street, told the bun the Presedent had been shot, the President Iffe• re lady—ell tits was verlfMd by statements--told ly on the but that the Resident had been ahot. He low did he know?' He said a man back there told rile defendant said, 'Yea. he's been shot' and d vete) lbed " e. In telling las atoll, made no attempt to ex-am Oswald escaped from the building sealed off WS of Dallas pollee. We leave that mystery to

aril. Why did Oswald. fleeing the ocene of ler. lake publicly about the murder? Why did he very loud"? Such behavior la hardly consistent

4 hours of consistent denial ca guilt when in el the Data eutherities, The laughter on the

wy seemed BO unlikely that the FBI. in off-the-briefino sessions for the Peseta, conceded that it erne. In considering that the bus laughter story

consider oleo the statement by Wade in ling ca "hat guty. " . . ail thla was verified by

Point Eleven :1 driver Darryl Click, took Oswald home. where aged his clothes. SE SAID. "He then—the boa, he asked the bus liver to slop, got off at a atop, caught a taxicab Darryl Click—I don't have his coact place—and

went to his home In Oak Cliff, hurriedly, and left,"

011 Nov. 21, It wan couceded that "Derry' Click" did not drive a taxicab In whtch Oswald was e passenger When "Darryl Click" disappeared tram the case, -Wil-liam Whaley" appeared an the man who drove Oswald. not home, but at least In that etherel direction.

Oswald, it Is altered, fired the shots that killed Ken-nedy horn the shah floor of the building. Oswald, It to alleged, then walked down four flights of teaks, put- chased a soft drink end was sippina It while a pollee officer approached him on the second floor.

Oswald, it is alleged, later left the buidiig, alIP-ping through the police cordon and proceeded through the panicked street crowds until he found A bus. Os-wald, It is alleged. then boarded the bets, paid his fare, got a temente' Watt he never und• and spoke to the driver about the esseesinatten.

The driver referred a woman to Oswald, IL Ia alleged, and Oswald spoke with Ilex about the shooting. Oswald. It to alleged. eventually left the bus after riding about six blocks and was walking "from Commerce Street" when the taxicab driver. now named "Witham Whaley" saw him. Oswald. It Is reneged, hailed the taxi, and en-tered IL "William Whaley's" log shown that Oswald entered the taxi, after having completed this entire tile. at exactly 12:30 p.m, The that' Mel killed Ken-nedy were fired at 13:31 pin.

Point Twelve Oswald shin Ind killed a police officer.

WADE SAID, "He walked up to the car. Officei TIP-" Pit stepped out of the car and started around it. He shot him three times and kilted Wan."

This alteration isn't directly related to the murder of hire President but It raised intereelthe points.

The Denali authorities first said ripen wee Wm In a movie theater. Later. it was reported that he wee shot on one street and, still later, on another street. The first charge against Oswald was not for the min-der of the President but for the murder of Tippit. That charge was made while the inveaUgatIon of the Ken-nedy [hooting was still going on. Wade onnounced that the Tipplt cue was ebeolutely set and that all the evidence proved Oswald shot the officer

In view of the certainty of the prosecutor as to a case that hod been entirely locked up two daya before. the following dinlorue at the press conference/ Is ra ther curious. Repartee. Wee. thle •where Oswald shot Tlpplt' in front

of the boarding house? Wade: No. lea pot In front at the boording house. Reporter: Where was It? Wade: I don't have It

Point Thirteen A thinner wry Oswald enter the Texas Theater.

WALE SAID, "Someone saw him go In the Texas "'Theater."

There ham ken little conflict about that inhuman The ftrat statement by Dense authorities indleated that the hunter cashier was ro auspicious when she saw Os-'said change trout seat to seat nervously that she telephoned the police.

It seen became chylous that a cashier et a post out-side of the theater might have difficulty watching the customers once they entered, So the authorities then indicated that ati usher taw Oswald changing pats. The last tension has a person outside the theater noti-cing Chnvaid's stmplciorts 'when, following him Into the theater, sealing off the doom with the assistance of the usher, and then notifying the police trough telephone call made by the cashier.

Some questions peripheral to the arrest In the the-et.tt persist. What did Oswald do before entering the theater lo attract attention? In what manner were Into actions "suspicious?" We hose been told by the newly emerging flrearm-psychologist experts that although, Oswald was 110t particularly talented with a rifle, his "P4YelMtle condition" may leave given him "nerveless coordination" an that he might fire accurately.

Evidently that "nerveless coordination" was not pree-clot outside the theater. although IL could have appeared

to Oswald heal Ire hod committed the perfect crime. had escaped the pollee at the Texas Beak Depository and was now far removed from the scene. Frantic ac-tions by Oswald, no obvious as to attract the attention of a passerby. In these circumstances, also seem Ineon-;agent with °weld'. reported demesne' moments after the President had been shot. At thla time a policeman charged up the stairs of the book depos1tory, pointed a gun at him and Nought to arrest him for shooting the President.

Oswald's employer described Oswald's condition nt that time as "cool as Is cucumber—although he seemed

little bothered by the gun " )Waelangton Post. Dec I.

Point Fourteen ()swell drew a phial and attempted to kill the Ar-

resting officer. The firing pin struck and marked the ballet awl It did IPA explode.

WADE SAID, "He .Oswald , struck at the officer. put the gun against 111x head end snapped Ii, bat did

not--thr bullet did not—go oft. We have the snapped bullet there. Offlocers apprehended him at hurt time ... It misfired being on the—the shell didn't explode. We have where It hit It. but It didn't explode."

Wade was attempting to indicate that when Oewaid was arrested In the theater he Peed to shoot the arreSt-ing offices' and did In feet pull the trigger of the Pistol. There cut be no question that the trigger was pulled since Wade united its. In Ito fashion, that the firing pin struck the bullet and marked the bullet. He further assured AA his office has the "snapped bullet" In 'Its Possession. The arresting officer, however. policeman MacDonald. told the atom, differently: "I got my hand on the butt of ins gun." mid MacDonald. "I could feel Oswald'e hand on the trigger I Perked my hand and was able to slow down the trigger movement. He didn't have enough force Is Me it. •Washington Post Dee. 1

Confronted with a resume of that report. Wade quick-ly adjusted to it, Reporter: There was one officer who said that lee pulled

the trigger, but he managed to put his thumb 111 the part before the firing pin. It didn't strike the — the bullet didn't explode. Ia that : ?

Wade: I don't know whether In that or not. I know he didn't steep the gun Is all I know about It. (New York Times, Nov. XI

We leave this incident bearing In mind one intact - able fact. Phyaicial evidence. Introduced by Wade—a bullet incited by a firing ran in an attempt LO kill a pollee. Offlaer.—now wee repudiated by the Officer who was an eyeseltnees and by Wade hirnaele

Point Fifteen A map was found in Oswald's possession showing the

'A' rile of the assassination And she bullet's trajectory.

THE DALLAS COPS CERTAINLY MADE THE NEWS This appeared in the N.Y. News. Nov 21

THE DAY AFTER Wade's historic press conference. and three days after the Oswald arrest, a new dis-

covery eves mode "Today Mr. Wade announced that erahothies had

ALSO bound a marked Mall, showing the course of the President's motorcade. at Oswald's rented room. 'It was a map tracing the location Of the parade route,' the &Whet attorney said. 'and thin place item Texas School Book Depository, n reftrehothe from which the fatal shots were Medi WAS marked with a straight line.' Mr. Wade sold Oswald bad marked the map at two other places. 'epperently places which he considered a pos-sibillty the' an assassination.' " Cblew York Timm, Nov. 35,e

A document written by the defendant showing his in-tention to commit a crime es important evidence. It seems incredible. were such n map In the hands of the Dallas autism sties on the previous day when Wade Pre-aented the evidence. "piece by piece," trim he would have neglected to menden It.

Oswald was arrested three days prier to the map an-nouncement. Ole the day of his arrest pellet removed en of hls belongings from his room, telling the land-lady that Oswald 'would net return." One wonders where the mop came tram three days later. The same newspopere that hailed the discovery of the neap Nov 25. without a single question as to Ile legiUmney. or previous whereabouts, totally Ignored or buried the Met comment regrading this important document "Dal-las °Metals YesterdaY denied that such a 111411 exist." .WILAIIIIITIA/1 Peat. Nov 3T •

The people us. Oswald

W rIEN A CFUMINAL CASE Is brought In federal C111111 against an Individual, IL is entitled, "The

People at We UMW States against" the named de-fende, t. No federal charge was lodged egatnet Oswald:

(Contleit ed on Pope 1)

Changed his clothes

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8 NATIONAL GUARDIAN December 19, 1963

Flaws in the 'airtight' case (Continued from Pape 7)

however. In the moat segnIfleant sense the case became

the entire country and Ile Institutions against one man. Very likely no prospective defendant In the history of

eivilleadon has been tried and condemned through the utilization of the media as thoroughly as was Oswald.

The American Civil Liberties Union commented on

Deo. 0: "It Is our opinion that Lee Harvey Oswald, had he

lived. would have been deprived of all opportunity to receive a fair trial by the conduct of the police and

prosecuting efflcials In Dallas, under pressure from the

public and the news media. "From the moment of kilo arrest unit his murder two

days later, Oswald ices tried and convicted many thnea

aver In the newspapers. on the radio. and over television

by the public statements of this Dallas law enforcement

OffWale. Time and again high-ranking police end Prose-

cution officials state their complete satisis.ction that

Oswald wee the assasain. As their investigation unnev-

ered one plebs: of evidence after another, the reunite

Were broadcast to the public,

.. Oswald's trial would ... have been nothing but

a hollow formality." In a section headed "Pollee Rempansiblete for Os-

wald's killing" the ACLU stated that the eoneeesione to

the media "resulted In Oswald being deprived not only

of his day In Court, but of his life as yeti"

On Dec. 4 the chancellor-elect of the Philadelphia

Bar Associate.) staled that Lee Oswald had been "lynched" and that this win an 'Indictment" of the

legel profession for Ste lathes to protect Ofrweiel (New

York Times. Deo. 0). These two comments, made after

the death of Omsk and burled by the rum media

under the avalanche of newt attacks agalnat Oswald 'McMinn* the FBI leaks of other alma &Dead to base been committed by him). constitute to date almost the only Indication of easily in the emmtry.

After Oswelete death, the F131 1131.311 to prevent cer-

tain Information from reaching the public. "Moat pri-

vate citizens who had cooperated with newsmen report-

ing the mime have refincd to sive further help after

being Interviewed by &genie of the Federal Bureau of investigation." (New York Times, Deo. 01. The FBI

acted, not to protect the rights of a defendant, but,

after he was murdered, to protect the Inconsistent evi-

dence from further scrutiny. Mrs. Oswald, still In Secret

Service custody. hidden in an Waknewn location. was quoted on the front puce of papers throughout the

country Der. q and 7 BA implicating Oswald in another

crime. Such a quotation could have come only from ts

Secret Service or Fell leak. No one else had lumen to

her. And to the insanity accelerates until the few re-

maining vestiges of doubt as to Oeivald's guilt are

obliterated from the American scene. However, let it not be said that the lawyers are not

aroused by an attorney's giving statements to the

public in relation to a pending case. "A Dallas Bar

Association grievance committee met three hours last night on charges Rust Toni Howard. attorney for Jerk Ruby, had violated legal ethics by dimming Ruby's

case with the press • . . No charges had been place

against District Attorney Henry Wade." (New York

Page Dec. 131 When an entire society moves in for the kill, logic Is

a weapon of doubtful value. Were logic to prevail, a

number of questieng might be ruined for rational de-

liberation. For example, one might Inquire why the

PI M, having questioned Oswald nut a week before the

assinsthation and having discovered that he worked in

a building directly on the President's line of march, and

ithowtog that Oswald had purchased a rifle, did not

watch him on the day of assaminetion. Certainly, a

mall portion of the million of dollars bestowed upon

the FBI each year and Utilized for following permits of

unorthodox political views and tapping their tele-

phones might ham been made available under these circumstances, ea part of what the FBI and Secret

Service referred to as the "greatest security provisions

ever taken to protect an American President"

The question of motive %kr larlakal THE DALLAS POLICE through corn-

plPity or complacency permitted the murder of

the defendant by a police department friend alter two

warnings through the FBI that each an attempt would

be made should be a matter for press diaeugglon.

Whether or not the FBI thawed Mrs Oswald, the de-fendant's mother. a picture of Ruby before Ruby mur-

dered Oswald would ordinarily demand media debate. There are two matters not even commented upon by

the press to date—Oswald's motive and Osweside plan

for escape. Oswald seemed to respect President Ken-

nedy. If Oswald were a leftist, pro-Soviet and pro-Cuban,

did he not know that during the het year, well the as-sletanee of Prelate's!, Kennedy. a better relationship

was In the process; of developing between the U.S.and the Soviet Union? Even the relations between the U.S.

and Cuba, while MTh extremely unfriendly, have Prog-

ramed pest the etage of military intervention. Fidel

Castro himself stated, suet before the President's death,

"He tleennedy1 lees the paagibility of becoming the

greatest President of the United States . . Be has

OSWALD'S SMOLT AT THE POLICE STATION

Mother, Marguerife, with wife, Marina, 311.1 tabu

come to understand many things over the last few

1111011.1115 . len convinced that anyone else would be worse." tNew York Times, Dee, Ill

The press made much of the fact that Oswald bad been seen with a Wily 'of the -Weileere a Cryountmlst

publication, and that he had received at least two let-

ters from the Communist Party. A New York newspaper

referred to him editorially se e "Communist murderer."

Did Oswald know that the U.S. Communist Party MP-

Ported Kennedy when he ran for the presidency in 1900 and that within the last six months Gus Rail urged the

Communist Party, which he leads, to endorse and sup-

port Kennedy amen? Why should Oswald wish to assassinate the Presi-

dent; and after firing at the Preaident, how did he plan

to escape? Did hr wish to flee from the building? If So,

why did he remain in the lunchroom sipping a soda?

Was he in a hurry? If so, why did he take a ride on a

bus? It vies a very went day In Dallas. Me. Kennedy.

sweltering In the open moving car, lister said that she

was looking forward to the cool mite of riding through

the underpass Just ahead. Why then, did Oswald, seek-

ing to escape the pollee, go home to pick up his Jacket?

II he was planning to leave the city. why did he then

go to a movie Just as the city-wide search was gaining

Intensity? These are genuine areas for speculation by the press

now that the defendant le dead. These are, nevertheless

almost the only areas left unexamined by the media.

Perhaps some day, when America Is reedy for the

sunlight of reason to penetrate the national mind, now

frozen to a false and unfair ennelution, this article and

others far more comprehensive may be read.

An affirmative case

UNDER OUR SYSTEM of Justice a defendant need

not prove he is innocent. It le the (Mazatlan of

the prosecutor to attempt to prove the defendant guilty

beyond a reasonable doubt. Should the prosecutor fall

to sustain that burden, the defendant must be declared

not guilty. In the cage of Oswald, hysteria and Intolerance have

so swept our country that the protections guaranteed

by our Constitutlee and by our traditions have failed

to operate. Since irrationality is the Implacable foe of

Justice and due promise we are compelled to depart from ordinary legal procedure. At this point we shell

submit an affirmative case. We shall attempt to present

facts that tend to prove that Oswald did not (Moot

President Kennedy. A denial by a defendant that he committed a crime

when (supported by testimony as to his good character

Le sufficient in and of Itself to cause a reasonable doubt

which, even is the face of evidence to the contrary,

may remit In acquittal. Oswald denied he shot anyone. He stated that the

charges against him were "ridiculous." He persisted In lee denial despite the feet that he was questioned for 48 home without the benefit of counsel.

Denial of counsel. when coupled with extensive ques-

tioning, Is Improper and contrary to long-establedied

principlea of law. This principle was developed out of

revulsion against the ancient trial by ordeal or trial

by fire which forced a person wombed of a crime to

cooperate in the prosecution of hia own ease. Great

constitutional protections. Including the Fifth Amend-

ment to the U.B. Constitution, were developed. IL was

found that not only would guilty persons confeu when eutflelent pressure was placed against them, but In-

nocent persona also were likely to succumb.

Great pressure was placed against OeWald. He stood all alone condemned as the slayer at a popular leader.

"Oswald was pummeled by the arresting officers until

his face was puffed and battered. 'Kill the President

wtil you?' one officer shouted in a choked voice."

(Washington Peet, Dec. 1.1

In addition "Oswald received a black eye and a out

on his forehead." (New York Times. Nov. 24.1

When a reporter asked Oswald to a televised inter-

view how he received the bruises and cuts on his face,

he answered calmly, "A policeman hit me." For 40 hoarse Oswald was denied the elementary

right to counsel of his choice. The Denim pollee falsely told the attorneys for the ACLU that Oswald "did not

want counsel." Despite physical abuse and absolute

Isolation, Oswald continued to state that he was In-

nocent. Each previous essuinen of an American presi-

dent Immediately and boastfully declared that the act

wag his.

Character witnesses The mess has been glutted with attacks upon Oswald

mince his death, with each Informant issuing self-serv-

ing declarations as to his own ability to detect incipient

mental problems or character weakmessee when Oswald

was much younger. A former probation officer in New York City permit.

tad an interview which violated principles of a erre-ileged and protected relationship between himself and a young boy. A justice of the Family Court released

records to the FBI, and the Information was carried

in the Prom. Nevertheless, those who knew Oswald a little better

had some rather kind things to gay about him. At a

trial, thole testimony could have been decialve. The eta-

sedate pastor of Pine Unitarian Church, Dallas., Rev,

Byrd etellieas, described Lee Oswald as "exude..."

had a good vocabulary. No dangling participles ar split

Infinitives. In the dictionary definition of the word

'Intellectual' he was an intellectual." Halm added that he corned "no frustration through erudition. He was calm." twaatington Pest, Dee. 1.1

estmbel Ballerrrnemelesed metheetszerer 1121.110 "lat711.1313,

eon petroleum economist in Dallas," said he found Lee

Oswald to be "en independent, thinking, Inquiring

young men ... He was a rather frail person physically.

At least to me, he was the kind of person 1 could like.

I kind of took a liking to him, I wanted to help him a

little bit . . . He had a kind of Ohandi, far-off look

about him." (Washington Poet, Dec. I Roy Truly, the director of the depositors where Os-

wald was employed, said of Oswald, "He seemed Just

a normal, quiet young fellow." Mrs. Paine, with whom hes wife and children lived

and where he stayed en weekends, said. "Marina (Lea

Orwald's wife( felt very reversibly toward the President

and his family. Meat of what ahe learned of American

news was provided by Lee. who transirated from news-

papers and nem; magazines Marina said he never trans-

ferred any negative feelings toward President Ken-

nedy." (Washington rest, Nov. 18.1 Mrs. Paine also stated that, "As far as I know Oswald

had never been critical of Kennedy. He brill been criti-

cal of General IEdwinl Walker, but I never heard him

say anything against the President, hr fact, It was my

impresaion that he respected him." (New York World

Telegram and Sum Nov. 25,1 In 1959, Oswald was interviewed by Premien Johnson,

on American correspondent while an Moscow. She re-

ported, "I found him rather likeable. He was quiet and

didn't have a vehement manner. He was so very Meng.

He was someone you would try to help." Zara. Lewes. Merrett, principal of West Mien Ele-

mentary School which Oswald attended. said, "I/ he

had problems, we did not recognize them ... He was

interested in things." Were the case to be tried. persons erdinertly selected

0.3 character witnesses would Include his employer, a

minister. his landlady. a respected businessman, a cor-

respondent who knew him abroad, the Quaker family

with whom his wile resided and his school Mechem.

Judging by the Initial response, one could conclude that

character testimony for Lee Oswald would be compel-

Time, place and Oswald IN ADDITION to consistent denial of eullt by the

defendant and statements of character witnesses

that seem to indicate a person different from the dis-

turbed, hostile character usually associated with the

particular crime, a defendant may offer testimony In-

dicating that he was somewhere other than at the

scene of the crime when it was committed. We. of

course. can't get such Information from this defendant. However. a valid defense could remit, In showing that

oven If the defendant were at the scene he could not

have committed the crime. Such a defense 13 WM1131310.

If Oswald was on the sixth floor of the book depository

armed with the alleged murder weapon, a 0.5rarn hailers (eeetnued on Page 9)

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12 NATIONAL GUARDIAN

December 19, 1963

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WA 4-1001

CHARLES R. ALLEN JR. An extraordinary book

was demonstrated dra-matically at the beginning of World War 1 when Kaiser Wil-helm II failed to persuade von Moltke, then chief of the Ger-man General Staff, to change hie plena for the invasion of Belgium. This trainee in plan, the Keiser had been Enid, might keep Britain out of the war. ini-tially at least teee Chum of Au-gust). This political power fea-ture no Mind was Muth on the mind of Gen. Dwight D. Eisen-/1014M when lie stated at the end of World War U: "The German General Stall Mum be utterly destroyed."

Allen fully documents -the above facto, ming primarily German sources for the expo-sure. He else shows that Hitler could not have achieved pewee, nor retained it, without the German General Staff's Initial support and approval, and its energetic execution of the Ger-man government's many ag-Freestone against neighboring states and crimes against ha-m/inky. Alien provers again by German documents. that Heu-singer, in planning the invasion of the Soviet Union. June. 1041, allocated the 'unpile', including weapons and ammunition, used by the 83, SD Security Serv-ice), the Gestapo and other pil-lars of the Third Reich for the murder of millions of Jew., Birks and prlsoneth of war.

HOW CAN the U.H. State De-pertinent square these tack

with rte attempted "purifica-tion" of on Institution whose leaders plotted, planned, pre-pared and remitted 59011511 of eggreselons agalnot other no-tone, murdering In add blood

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millions of helpless men, wom-en and children? How can the Acheson and IDulles group de-fend its propaganda myth about "imminent invasion" of the West by the Soviet Union and the use of this fraud as an ex-cuse for rearming the some Getman gang that Wall respons-ible for World War U?

The isle President Kennedy exposed the "Imminent inva-sion" fraud in his American Uraversity Assembly speech June RI, 1063, when he said: "No na-tion in the history of battle ever suffered More than the Soviet Union In the Second World War, At least 20 million 'Met their Lives, countless millions of homes and families were burned or necked. A third of the notion's territory, including two-thirds of its industrial base, wall turned Into a wasteland—a loss equiv-alent to the destructlen of this country east of Chicago." 1.19- orctmately. Kennedy failed VS

change previous U.S. pollee in the Ught of his statement.

Acheson and Duilea most have been aware of the facts Ken-nedy cited when they were Ped-dling fear and hate of the So-viet Union, and representing that country, in her war-weak-ened state, no a threat to the strongest economic end military power on earth, the U.S. This reviewer was using the figures cited M talks to military pee-sanest In. Cemmany. essaerk en 1040. graEORGE F Kerman. a for-1$2111 mer Foreign Service Officer and former ambassador to both the Soviet (Minn and "JUMP-slavle, an Well ad an expert on Germany, in an interview iLook. Nov. 101. expressed his concern: "Ever since 1050, when Mr. Acheson proceeded to the re-arming of West Germany, I have had miegivings about it. This rare been a severe handi-cap on our policy in Eastern Europe. All of them fear Ger-many and don't want to see Germany rearmed."

No careful reader of Eleraln-ger of the Fourth Reich can fall to conclude that the Acheson- Drake German policies are fraught with the greatest pos- sible danger to the security of the U.S. and threaten the world with thermonuclear war. No greater calamity could befall MX than for the conspiratorial German General Staff, now plotting World War Ill, to gain

ial00ess199 of nuelear weapons, We owe Allen n debt for hav-

ing exposed this monstrous con-spiracy.

—Hugh H. Hester Brig. Gen. U.S. Army tIlet

Linus Pauting tribute A TRIBUTE to Nobel Peace

/91 Laureate Lima C. Pauline on his return from Oslo fol-lowing the Nobel Prize ceremony will be held at the Hotel Astor. &midway and 15th St.. New York, at a p.m. Jan. e. Speakers will be Dr. Pauline, Demme Wilson and Dr. Henry Steele Commager.

The tribute, sponsored by Set-- Pend Russel], Robert Hutchins and Albert Sehereiteer. to under ausracere of The Minority of One, IM Nassau St., N.Y. 211, CO 7-1740. The contribution Is $3,50. with Seats In the reserved front center section at $5 and $10.

T GALLERY 41, et- • E

THERE IS STILL Tram, if you act promptly. to mad holiday greetings to five young Amer Bens who are in federal prisons

because of refusal to be drafted into the Army. These youths be-lieve on grounds of conscience that killing is wrong and are lin-pritioned for One to three yearn because they would not back down on this principle. Compared with the 2.6 million other young men who compose the armed forces, these COs amount to a tiny group

Indeed. tiny enough to be forgotten. Here are their names: Brain

Luckoen, Federal Prison Camp, Allenwood, Pa.; Donald Porter, Fed-eral Correctional Institution, Milan, Mich.; Robert T. Reedy and Paul Saharan, Medical Centel. for Primmer& Springfield, Mo., and Clarence O'Neill Wilson, Federal Correctional Institution. Texar-Irene. Texas Cards should beer only the sender's name and ad-dress. No other message may be Included.

AN UNORTHODOX UNIVERSITY PROFESSOR, Dr. Mulford El Sibley of the University of Minneetoth, had this to say Nov. 27

regarding an American Legion cell for an investigation of the campus Student Pence Union and World Affairs) Center chapters. which, the Legion implied, were Communist fronts: "We need stu-

dents who challenge the orthodoxies. Personally, I should like to

see on the campus one or two Commmdst professors. a student Communist club, a chapter of the American AssmelatIon for the Advancement Of Atheism, a. society for the promotion of free love.

League for Overthrow of Government by Jeffersonian Violence, an anti-arnorrletkil league, and perhaps] a nudist club . . If we don't now creeds of doubt and implant aubvereive thoughts In concise, when and where . will they be implanted?"

N0 ONI7 CAN DENY that it Is difficult to produce a newspaper column every day, so maybe George Dixon, of King Features

Syndicate, Inc., could i.e excused on those grounds. In an article appearing Dec 11, Dixon attempted to essay the peace movement in Its opposition to civil defense: "These organizations, with such erremUng names as the National Committee for a SANE Nuclear Policy. Women strike for Peace end Student Peace Union. have a large war fund for peace. 'Where they're getting It might well be the subject for cungressiotal investigation alone. They are spend-

ing money widely to have Congress abandon the enure program for developing public Meters." If only this were true. it would Almost be worth the price of an Inuestigetion. Ch again: "CD fall-out shelter Mark are being tarn down or defeeed an over the coun-IssySS,yenie_lasasupeae idea but mfortunetely, is wildly optiraistic TT err attempt to con . _ does present a rather accurate Appraisal of the relationship of CD to the war effort: "Civil Defense is now an Integral part of the

military establishment, a fact many people don't realize, but which

the bay-the-bombers know very well." This last was perhaps Dixen'a greatest mistake: he told the truth.

YULETIDE IS UPON US, so here are some gift suggestions: A submarine built for two Is available from Neiman-Marcus of,

Well, of Dallas, for $18.- 0.01011 bo . Apfroyxou a .m Approximately

end /surplus oufrtlet& It's KIDS! MANIAcso

probably too late to se- quire the type of rifle 'allegedly: used to as-ruminate the President because, according to dealers, there has been ▪ spete of purchases; by curiosity-s e e k e r s. but

'1111ff:1°,11 91a" plenty sotahnedr

bombe available this Christmas season. For the hurray that /amply cannot be satisfied by Army surplus, a depart-ment store Is offering His and Her duelist.; pie- toR. 01,000 the pair .

A warning Me come to parents from the Isms bland 1N.Y.l Better Bus-Ir.ean Bureau. which. Is acting "wIth urgency in response to cam plaints made against a firm which played upon the fertile Marti nations of children to grossly misrepresent lets of by saldiere as to their sloe, shape, color end posrabllitiee for use." The firm, in advertising the meths of "204 Revolutionary War Soldiers," im-plies that they are trot one-dimensional cardboard cutouts, among other misleading statements What angers the EBB, however, in this: "When channeling a child's eggreselve feelings, a eel of toy

!soldiers eon play ft useful role. But when deceptively advertised, 00 IA to disappoint and cheat a child, they thrum upon him a painful experience for which he Ln unprepared and one which may lead nun to rummy a stance of dietrust lambed business." 4Emphaels

out's'.

A ENGLISH FIRM, Recording to the London Sunday Mirror,ra has discovered an oral contraceptive for eau, which probably will be merchandised under the brewer name, "Stop Cat." . . . A New York bakery is about to introduce a new round bread with circular slices. A press release states that the idea for circular elleted b rad was derived from "the theater-In-the-round movement."

—3. A. S.

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