l!lliJiiiill - National Archives and Records Administration
l!lliJiiiill - National Archives and Records Administration l!lliJiiiill - National Archives and Records Administration
...--..-l!lliJiiiill-----~-=- CJ( torneys Records of the John F. Kennedy Assassination C=o~ll~ec:t io:.: n :~K.:.e:::y.:P.:e.: rs::o:: n s:.;F:.; ·i.:,: l c:, s _______.;..;;;;;.___________"\______..
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...--..-l!<strong>lliJiiiill</strong>-----~-=-<br />
CJ(<br />
torneys<br />
<strong>Records</strong> of the John F. Kennedy Assassination C=o~ll~ec:t io:.: n :~K.:.e:::y.:P.:e.: rs::o:: n s:.;F:.; ·i.:,: l c:, s _______.;..;;;;;.___________"\______..
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
Buby. _Ja~ II /<br />
1<br />
STANLEY F. KAUFl'I!AN, .520 • ·:, ·~.;;3i<br />
Building, advised that t·~ has known J'/'..'"'-i.'- .. T<br />
<strong>and</strong> nas represen·ced him in ::; e•ieral c1 i~. .a'<br />
~~~ night_night club business in Dallas.<br />
NO<br />
·1 C' ~ · -<br />
:.e :J.ec·" .itics<br />
s J.· E ' 1 .954<br />
er~ ·· • .
--<br />
<strong>Records</strong><br />
of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
DL 44-1639<br />
2<br />
~ ..... ~· - · . '<br />
' )<br />
- 1<br />
unable_:to. do so. KAUFMAN stated that RUBY told him that he<br />
had been to the Dallas News .Advertising Department <strong>and</strong> had<br />
raised "hE!ll" with the .Ad Department for accepting such an ad.<br />
KAUFMAN stated that from his contacts with<br />
RUBY <strong>and</strong> the civil matters he has h<strong>and</strong>led for him he is aware<br />
that RUBY is quick tempered, <strong>and</strong> that it is his opinion RUBY<br />
had no assistance or guidance in connection with his shooting<br />
of OSWALD.<br />
.,<br />
----~~----~---- ,--'cc
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
D<br />
ission No.~<br />
---- ----~<br />
"C' __ _<br />
}___<br />
I-~
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
FD-302 (Rev. 3-3-59)<br />
FEDERAL BUREAU OF INVESTIGATION<br />
_Ruby, JacJt // /<br />
1 Date JJ /?'i'/63<br />
HENRY KLEPAT< 3 Attorney, J 509 Mercantile Bank<br />
.Building, Dallas , Texas, IU!viiled that tn 1956 he represented<br />
JACK RUBY in a suit filed against him by hi~ brother, s. D.<br />
RUBY. He recalls no details cf thl
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Fil es<br />
JFK ASSASSINATION SYSTEM<br />
IDENTIFICATION FORM<br />
Date<br />
Pa g e<br />
05 / 07/ 20<br />
1<br />
-- - ---- -- ------------------- - - ----------------------- ---- ------- ----- ------- -- -<br />
AGENCY<br />
RECORD NUMBER<br />
RECORDS SERIES<br />
AGENCY FILE NUMBER<br />
AGENCY INFORMAT I ON<br />
we<br />
179 - 40002-10325<br />
09: RUBY, JACK 11-1<br />
--- - ---- -----------------------------------------------------------------------<br />
DOCUMENT INFORMATION<br />
ORIGINATOR<br />
FROM<br />
TO<br />
TITLE<br />
DATE<br />
PAGES<br />
SUBJECTS<br />
FBI<br />
11/30/1963<br />
1<br />
RUBY, JACK, TRIAL<br />
HOWARD,<br />
TOM<br />
DOCUMENT TYPE<br />
CLASSIFICATION<br />
RESTRICTIONS<br />
CURRENT STATUS<br />
DATE OF LAST REVIEW<br />
OPENING CRITERIA<br />
FOWLER, CLAYTON<br />
FERRANTELO, CHICKEN<br />
PAPER, TEXTUAL DOCUMENT<br />
UNCLASSIFIED<br />
OPEN IN FULL<br />
OPEN<br />
12/06/1994<br />
COMMENTS ALSO IDENTIFI ED AS DL 44-1639; P. 368<br />
----------------------------------------------------------- -- ---------- - ----<br />
[R] - I TEM IS RESTRICTED
---<br />
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Fil es<br />
...<br />
DL 44-1639<br />
NAP: sl:eah<br />
Mr. CLAYTON FOWLER, Lawyers Building, Dallas,<br />
Texas on 11/2~/63, advised SA NAT A'< PINKSTON that he 'did<br />
not w~nt any information furnished by him concerning JACK<br />
RUBY either published or made known to RUBY, since he is<br />
an attorney who has represented RUBY in the past <strong>and</strong> presentl~<br />
shares office space with Mr. c. A. DROBY, another attorney<br />
who has represented RUBY <strong>and</strong> who was called to. represent. RUBY<br />
in this case, but did not accept the employment.<br />
FOWLER stated that he has known JACK RUBY in<br />
the past <strong>and</strong> does not believe that RUBY committed the murder<br />
of OSWALD from patriotic motives. He may have done it for<br />
publicity or to raise himself soCially in the eyes of the<br />
public <strong>and</strong> his friends. He stated that Mr. DROBY feels. the<br />
same way <strong>and</strong> made the statement, "There is no way that RUBY<br />
could be as loyal as he is claiming."<br />
FOWLER stated that he feels that the case will<br />
receive a great amount of unfavorable publicity for th~ .<br />
country since it now appears that TOM HOWARD, an attorn~y,<br />
will represent RUBY <strong>and</strong> it is a well-known fact that TOM<br />
HOWARD was convicted in Federal Court in Dallas for failure<br />
to file income tax returns <strong>and</strong> was disbarred by the Texas<br />
Bar Association in view of tftis. It is also well known that<br />
TOM HOWARD divorced his wife·<strong>and</strong> married the widow of the<br />
well-known late gambler, CHICKEN FERRANTELO, who was m~dered<br />
in Dallas by a woman. Mr. FOWLER stated further that qnother<br />
attorney, Mr. PHIL BURLESON, told him that he had received a<br />
call from someone in show business concerning hiring him to<br />
represent RUBY. BURLESON has recently resigned from Dallas<br />
County District Attorney•s Office, <strong>and</strong> has entered private<br />
law practice. BURLESON decided after discussing the case with<br />
him not to get into it.<br />
·..<br />
REV'~=WED<br />
BY FBIIJFK TASK FORCE<br />
ON lz_/G{-9~ &t.Y---<br />
1¥' RELL,1Sl IN FULL<br />
cJ RELEASE IN PARr<br />
0 TOTAL DENIAL<br />
Cowmis~ion No. ~~<br />
FBI 7<br />
..<br />
XE RO<br />
COPY<br />
I XERO<br />
~OOP Y
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
FD-302 (Rev, l ·2S·60)<br />
1.<br />
I NTERVI EH VIITH 1\TE\IiSI·1EN<br />
__ j<br />
Oswald, Le a H. - Murder oy Ruby I<br />
FED):RAL BUREAU OF JN VESTJ fK..·•nl-' L<br />
'UN . ~. ea H. - Mur der by Ruby ~<br />
Ruby, Jtlck '1 0
- ....-.--- <strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
------ - _-;-- _-:-:-,..,-.--:--:------1<br />
"""\<br />
' )<br />
. :NY 44-97 .L~<br />
2.<br />
third floor. The corridol~ was not crowded at that<br />
tim8 a:.-.J he is not sure if he was required to s!iO"tl<br />
identificativtl at the time. He went to the office<br />
of the Chief of Police Curry.<br />
Chief Curry was st<strong>and</strong>ing outside his office<br />
talking to some photographers who Nanted to lmo\'l<br />
when they could get pictures of Oswald. Cu:' r y was<br />
telling these men that Om
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
~<br />
'<br />
'<br />
'<br />
'<br />
NY 44-974<br />
3.<br />
He observed Oswald being brought out by<br />
police officers into the basement corridor. He<br />
saw Oswald look to the left. which he later<br />
believed was the direction from which Jack Ruby<br />
came.<br />
He did not see Jack Ruby in the basement<br />
area that morning. As Os\'lald was 1·1alk1n;3 along<br />
t:1is corridor he heard a shot <strong>and</strong> saw Oswald<br />
- bend over clutching his abdomen . He saw police<br />
officers grappling with a man whom he did not<br />
know at the time. He saw a hat rolling on the<br />
floor <strong>and</strong> believed the initials inside the hat<br />
were J.R. He oointed out that he did not see<br />
Jack Ruby any time prior to the time Os·.1ald was<br />
shot. He did not see the gun used by Jack Ruby.<br />
He observed that after Oswald was shot<br />
he \•fas taken back t hrough the door·.-;ay from which<br />
he had emerged <strong>and</strong> the man in police custody. whom<br />
he later determined was Jack Ruby, was also taken<br />
through this doorway. :rvlachirella l'ras sta~ding<br />
near this doorway <strong>and</strong> could see Osl'rald lying<br />
on the floor inside the door>'lay. Then, in a sl1ort<br />
time. Oswald v1as placed in an ambulance <strong>and</strong> taken<br />
to a hospital.<br />
He recalled that just about the time that<br />
he heard the shot a car had backed rapidly dovm<br />
the ramp behind the armored car <strong>and</strong> stopped short.<br />
He did not knov; of any authorized persons<br />
permitted to enter the basement area on November.24, 1963,<br />
without exhibiting identification.<br />
l<br />
C (( 1 o6
<strong>Records</strong> of the John F. Kem1edy Assassination Co llecti on: Key Persons Fil es<br />
0<br />
....._<br />
( )<br />
• • ~ !<br />
·'J<br />
'i<br />
NY 44-974<br />
4.<br />
He did not knm•r f:::oom his own per.sonal<br />
knowledge of any unauthorized person in t he<br />
basement area on the morning of November 24,<br />
1963. Someone did tell him that a sixteen year old<br />
female reporter for a hig:1 school newspaper<br />
was in the basememt that mo:::oning. He did not<br />
know who had furnished him this information, but<br />
believed it might be w. Fowler, a reporter for<br />
the 11 Dallas Morning News 11 ,<br />
Machirella estimated t~at the::-oe were<br />
between 75 <strong>and</strong> 100 people, in addition to police<br />
officers, in the basement area on· that morning. It<br />
did not seem to him that all could have been<br />
authorized press representatives, but he could<br />
not name any unauthorized persons in the basement<br />
other than the girl mentioned above. 'J.'he only<br />
persons he actually knev; among the press<br />
representatives in the basement v;ere the following:<br />
A girl named Peggy (Last Name Unlmovm) (LNU),<br />
who is a reporter for the Dallas .dureau<br />
of the Associated Press;<br />
Gene Miller, Reporter for the "Min.mi,<br />
Florida Herald";<br />
Tony Ripley, Reporter for the<br />
11<br />
Detroit Times 11 ;<br />
Francois (LNU), Reporter for the<br />
French Press.<br />
He is not certain, but he believed that Adrian Smith<br />
<strong>and</strong> John Me Donough, Reporters for the "Philadelphia<br />
Evening Bulletin 11 , "l'lere in the basement that morning.<br />
[$<br />
c --
<strong>Records</strong> of the John F. KeiiDedy Assassination Collection: Key Persons Files<br />
NY 44-974<br />
5.<br />
rvrachirella had no knovrledge that any person<br />
conspired with Huby to kill Oswald. He also had<br />
no knowled'3e that any police officer, or other<br />
official, conspired \vit 1 Ruby or wilfully<br />
permitted the killing of Oswald.<br />
rvrachirella did not see or tall-c to Ruby<br />
at any time on November 22, 23, or 24, 1963.<br />
rliachirella did not know of any connection<br />
between Ruby <strong>and</strong> Oswald.<br />
f/Jachirella a~ related the folloNing<br />
facts wh1ch were fu~hed to him on November 25,<br />
1963, ,by Tom Howard~who was attorney for Jack<br />
Ruby: ..,...<br />
Howard was in the basement near the nublic<br />
elevator at the time Oswald v:as shot. This was<br />
not in the same area where the shooting took place .<br />
After the shooting, Hmvard left the basement<br />
of the building <strong>and</strong> went to his office nearby.<br />
His partner, E. c. Sullivan, was in the office at<br />
the time, There was also a man in the office, whom<br />
Howard said identified himself as 11 a la1V~Jel~<br />
from the East" . This man had an attache case<br />
with him, which he opened <strong>and</strong> tilbich corrbained tvro<br />
guns , on e of these was an automatic <strong>and</strong> a pistol.<br />
Thi s man had t old Howard that he came to Dallas<br />
to kill Oswal d. Ho;-1ard informed this man that<br />
he might a s well take a bus back t o the East.<br />
~achirella a~estioned Howard as to<br />
whet her he had report ed this to police authoritie s<br />
<strong>and</strong> Howa ::::-d indica t ed that he had not. HO\'lar d<br />
·------- --··-
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
l\ ()<br />
NY 44-974<br />
6.<br />
did say that he had taken the two guns from this<br />
man . Hm-mrd had pointed out that the r.1an came<br />
to his c""fice because he noticed the sign<br />
Hov.rard had ou..,.;;ide his office indicating that<br />
he was an attorney. Machirella describeci. the<br />
i nformation furnished by Ho1.-1ard as "fanta.stic 11 1<br />
but he did report it to his nm-.spaper, ;-;hich<br />
did not print it. Machirella t:1ought the<br />
story had been made u;> by Hmvard <strong>and</strong> he<br />
bel ieved that this story gives an indication<br />
of the t ype of man that Houard is. Maonirella<br />
thought Howard's pu~pose for furnishing this<br />
information was to give the impression that a<br />
numbe r of people. wanted to lcill OSI-?ald.<br />
-c !\ 1 o b. ·<br />
JD
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
~ GENERAL SERVICES ADMINISTRATION<br />
ROUTING SLIP u.<br />
TOI co Rl R2 R3 R4 RS R6 Rl RB R9 RIO<br />
I.<br />
NAME AND/ OR SYMBOL<br />
. M:c I I!!i:e Ra.nk11l- .,.<br />
2")~ , ~ ~r7i<br />
3.<br />
4.<br />
~<br />
~<br />
BUILDING, ROOM, ETC.<br />
II-/<br />
i/ ;~/cc.)<br />
/<br />
I<br />
5.<br />
D ALLOTMENT SYMBOL 0 HANDlE DIRECT 0 READ AND DESTROY<br />
0 APPROVAL 0 IMMEDIATE ACTION 0 RECOMMENDATION<br />
D AS REQUESTED 0 INITIALS D SEE ME<br />
0 CONCURRENCE 0 NECESSARY ACTION 0 SIGNATURE<br />
0 CORRECTION 0 NOTE AND RETURN 0 YOUR COMMENT<br />
0 FILING 0 PER OUR CONVERSATION 0 YOUR INFORMATION<br />
D FULL REPORT D PER TELEPHONE CONVERSATION 0<br />
D ANSWER OR ACKNOWL-<br />
EDGE ON OR BEFORE<br />
D PREPARE REPLY FO R<br />
THE SIGNATURE OF<br />
REMAR KS<br />
Mr. Malley called me Saturday morning to inforn<br />
me of a report received fran the FBI office in Dallas<br />
concerning a call from Mr. Tonahill. Mr. Tonahill<br />
offered his client, Jack L. Ruby, to the FBI for the<br />
purpose of any or all scientific investigations which<br />
the FBI or other federal authorities might wish to<br />
make, including lie detector tests, truth serum, etc .<br />
Mr . Malley stated that the FBI office in Dallas<br />
informed Mr . Tonahill that the trial of Ruby was a<br />
state <strong>and</strong> not a federal matter. The FBI further inforn d<br />
Mr. Tonahill that if he wishes to inform the President ' ><br />
Commission of this matter, as Mr . Tonahill indicated he<br />
wanted to do , the appropriate course was to contact<br />
directly representatives of the President ' s Commission.<br />
:t:: AND/<br />
FROM I co Rl R2 R3 R4 RS R6 Rl<br />
OR SYMBOL _, -:;;;It; ,l!f• ~t¥G . ROOf, ETC.<br />
Howard P. Willens<br />
u. s . GOVER NM ENT PRINTI NG OI',.ICE . 1959 0 510156<br />
.<br />
.q{,<br />
RB<br />
DATE<br />
R9<br />
RIO<br />
1/18/(:)+<br />
GSA FORM 14<br />
MAY 1959
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Fil es<br />
Date<br />
Page<br />
05/08/20<br />
1<br />
JFK ASSASSINATION SYSTEM<br />
IDENTI FICATION FORM<br />
AGENCY<br />
RECORD NUMBER<br />
RE CORDS SERIES<br />
AGENCY FI LE NUMBER<br />
AGENCY INFORMATION<br />
we<br />
179-40003-10267<br />
09: RUBY , JACK 11 - 1<br />
DOCUMENT INFORMATION<br />
OR IGINATOR<br />
FROM<br />
TO<br />
TITLE<br />
DATE<br />
PAGES<br />
SUBJECTS<br />
FBI<br />
01/30/1964<br />
2<br />
BROMBERG, WALTER<br />
RUBY,<br />
JACK<br />
DOCUMENT TYPE<br />
CLASSIFICATION<br />
RESTRICTIONS<br />
CURRENT STATUS<br />
DATE OF LAST REVIEW<br />
OPENING CRITERIA<br />
COMMENTS<br />
PAPER, TEXTUAL DOCUMENT<br />
UNCLASSIFIED<br />
OPEN IN FULL<br />
OPEN<br />
12/06/1994<br />
P. 1-2<br />
------ -- --- ---- ------- --- ---------- -- ------- --~ --- ------- -- ---- --------- --·- -- -<br />
[R] - ITEM I S RESTRICTED
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
UNITED STATES DEPARTMENT OF JUSTICE<br />
FEDERAL BUREAU OF INVESTIGATION<br />
In Reply, Please Refer to<br />
FileNo.<br />
San Francisco, California<br />
January 30, 196'+<br />
DR.<br />
A source advised on January 30, 1952, that Dr. Bromberg<br />
was employed by the Depart ent of Public Health, State of California,<br />
as an assistant physician <strong>and</strong> surgeon at the Sacramento<br />
Police mergency ospital, Sacr ento, California, since October,<br />
1951.<br />
Dr. ro berg was born December 16, 1900, t lew Yor<br />
City, ew York. He attended elementary an high school in<br />
rooklyn, ew York. He received a B. S. degree from the University<br />
of Cincinnati in 1924. He receivedan H. D. degree fro<br />
Long lslan College.<br />
Dr. Bro.bere served in the U. S. Navy as a Co <strong>and</strong>er<br />
in the Medical Corps fro May, 1942, to June, 1946, having U. S.<br />
avy Serial wnber 216461. From June, 1946, to August, 1950, h<br />
conducted a private practice as a edical psychiatrist at eno,<br />
evada. From August, 1950, to September, 1951, he was employed<br />
with the California State Department of l1ental Hygiene at Mendocino<br />
State ospital. The source furnished the following description<br />
of Bra ber<br />
Na e:<br />
Race:<br />
Born:<br />
Heigh<br />
'ei ht:<br />
11arital status:<br />
Residence:<br />
REV'<br />
Dr. ialter Brouber<br />
White<br />
Dece ber 16, 1900, at New Yor ·<br />
City, Iew York<br />
5 1 10"<br />
180 lbs.<br />
Married<br />
1907 21st Street, Sacra ento,<br />
C; 'f~ f ~ - 52)<br />
Tnis document conta~n recommendat~ons nor conclus~ons<br />
of the FBI. It is the property of the FBI <strong>and</strong> is loaned to your<br />
gency; it <strong>and</strong> its contents are not ~J be distributed outside<br />
your agency.
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
Re: DR. WALTER BROMBERG, MD<br />
In the !- ovember 9, 1951, issu of the San Fr ncisco<br />
"Examiner", an wspaper published in San Fr ncisco, California,<br />
there appe rc an article headlined "Dr. Bromberg Under Fir ."<br />
A ubh adin stat d "Meddled At Director Says." The<br />
article set out as follows:<br />
"Dr. Walter l3ro b r , ou te Dir eta of Clinical Surveys<br />
at Mendocino State rospital, was accused to y of meddlin<br />
in Agnews tate Honpit 1 ff irs.<br />
The accusation was by Dr. Halter Rapp port,<br />
of Aene.: , in a St te P x· onnel Bo rd h aring on<br />
pp al from hi dismissal.<br />
Rappaport s i Bro ber twic consulted wo n patients at<br />
A news while he was e. ployed at Mendocino. Rappaport said<br />
this t.as the first time in the hi,.,tory of California th t a<br />
tate hospital director intervened in th ad inistr tion of<br />
another tate ho~pi tal."<br />
In the SepteJ:Jber 2 , 1951, issue of th New York "Daily<br />
.Jews", a nc\-JS aper publish din New York City, there a p r dan<br />
rticle showin a photograph of Belle ro berg <strong>and</strong> her two children<br />
in connection with the arr•est of al t r Bromber on the<br />
roun s t at her alicony ayments •ere in jeop rdy in that he<br />
h d thr at n d to ,a to Californi if she jd not a ree to a<br />
Florida d·varce. The rticle r fleeted th t Belle Bro ber<br />
alle d thut lter Bromber h d be n to California on trip<br />
with a Welfare Department employ e by the name of Esther Boyd<br />
<strong>and</strong> that Dr. romber had been livin with oyd since 1939.<br />
As cond source dvis don Octob r 27, 1952, th t s e<br />
is very close acquaintance of Hazel Nystron, who admitted to<br />
h r that she h s b n a memb r o th Co unist Party of the USA.<br />
ystron encoura ed the ourc to beco e ember of the Communist<br />
Party <strong>and</strong> in this connection arr n ed n introduction for th<br />
sourc with the Or aniz tional nd Memb r hip Dir ctor of the<br />
Com.unist P rty in th Sacramento ar a.<br />
Nystron invited h r to variou social functions in<br />
Sacra ento. y tron nd so of her s ociates have, with ome<br />
frequency, en a in "sex parties" wh r ba , immor 1 practices<br />
took plac • Th sourc ttended one uch function without prior<br />
knowl de of the practice to t ke place. Pr em: at thi.., "party"<br />
w s Dr. 'alt r Bromberg who was th n employed as physici n at<br />
the Sacram nto City o pit l nd who form r•ly w s Clinical Dir ctor•<br />
t th M ndocino St te lo pit 1.<br />
2
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
Date<br />
Page<br />
05/08/20<br />
1<br />
JFK ASSASSINATION SYSTEM<br />
IDENTIFICATION FORM<br />
AGENCY<br />
RECORD NUMBER<br />
RECORDS SERIES<br />
AGENCY FILE NUMBER<br />
AGENCY INFORMATION<br />
we<br />
179-40003-10308<br />
09: RUBY, JACK 11 - 1<br />
DOCUMENT INFORMATION<br />
ORIGINATOR<br />
FROM<br />
TO<br />
TITLE<br />
DATE<br />
PAGES<br />
SUBJECTS<br />
FBI<br />
HOOVER, J. EDGAR<br />
RANKIN, J. LEE<br />
02/04/1964<br />
2<br />
BROMBERG, WALTER<br />
RUBY , JACK<br />
DOCUMENT TYPE<br />
CLASSIFICATION<br />
RESTRICTIONS<br />
CURRENT STATUS<br />
DATE OF LAST REVIEW<br />
OPENING CRITERIA<br />
COMMENTS<br />
PAPER, TEXTUAL DOCUMENT<br />
UNCLASSIFIED<br />
OPEN IN FULL<br />
OPEN<br />
12/06/1994<br />
COVER LETTER PLUS ROUTING SLIP<br />
[R) - ITEM IS RESTRICTED
R7 RB R9 RIO<br />
BUILDING, ROOM, ETC.<br />
D ALLOTMENT SYMBOL<br />
0 APPt
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
/1-/<br />
Of''Fltl£ OF 'THE DIR.ECTO R<br />
UNITED STATES DEPARTMENT OF JUSTICE<br />
FEDERAL BUREAU OF INVESTIGATION<br />
.J<br />
WASHI NG T ON 25, D . C.<br />
February 4, 1964<br />
Honorable J . Lee Rankin<br />
General Counsel<br />
The President's Commission<br />
200 Maryl<strong>and</strong> . venue, Northeast<br />
Washington, D. C. 20002<br />
Dear Mr • Rank in :<br />
Dr . Walter Bromberg has been widely reported in<br />
the newspapers as a New York psychiatrist upon whose<br />
testimony Jack Ruby's defense lawyers have relied heavily<br />
in connection with the hearings in the Ruby case at<br />
Dallas, Texas.<br />
I am enclosing herewith a letterhead<br />
memor<strong>and</strong>um setting forth certain information from the<br />
files of this Bureau pertaining to Dr. Bromberg which may<br />
be of interest to you.<br />
Sincerely yours,<br />
Enclosure
~----=-.;:;;:===== Rec o rds of the John F. Ketmedy Assassination Collection: Key Persons Fil es<br />
OFFICE OF Till: DU:ECTOR<br />
UNITED STATES DEPARTMENT OF JUSTICE<br />
FEDERAL BUREAU OF INVESTIGATION<br />
BilbY. ;raok j / ~<br />
"RUbY• Jack I /<br />
WASHINGTON 25, D. C.<br />
March 11, 1964<br />
BY COURIER SERVICE<br />
Honorable J. Lee Rankin<br />
General Counsel<br />
The President's Commission<br />
200 L!aryl<strong>and</strong> Avenue, Northeast<br />
Washington, D. C. 20002<br />
Dear Mr. Rankin ;<br />
It has come to the attention of this Bureau that<br />
Paul D. Cantor, M. D., LL.B, Adjunct Professor of Law <strong>and</strong><br />
Professorial Lecturer in r.Icdicine, Georgetown University,<br />
Washington, D. c., has in the past been engaged by Melvin rJ.<br />
Belli to h<strong>and</strong>le legal matters with related medical aspects.<br />
It was learned on March 9, 1964, that Dr. Cantor has<br />
withdrawn from the Ruby case for the reason that he<br />
disliked the epileptic indication as an aspect of Ruby's<br />
defense. Also it was reported that Dr. Cantor's lack of<br />
knowledge as to the source of funds for Ruby's defense<br />
was a factor in prompting him to withdraw from the case.<br />
The above is being furnished for the information<br />
of the Pl·esident's Commission in view of Dr . Cantor's<br />
reported association with Mr . Belli, who is one of the<br />
defense attorneys for Jack L. Ruby.<br />
Sincerely yours,
<strong>Records</strong> of the John F. KeiiDedy Assassination Collection: Key Persons Files<br />
ACCESS RESTRICTED<br />
The item identified below has been withdrawn· from this file:<br />
File Designation A:J~ 1/-1 tl~<br />
Date<br />
~ cJt} I'M·!/<br />
From ~/(~<br />
To tJ £. ~~<br />
/1<br />
In the review of this file this item was removed because access to it is<br />
restricted. Restrictions on records in the <strong>National</strong> <strong>Archives</strong> are stated<br />
in general <strong>and</strong> specific record group restriction statements which are<br />
available for examination.<br />
The item identified above has been withdrawn<br />
-<br />
:::z<br />
C><br />
-1<br />
because it contains:<br />
[g) Securi ty-·Cla s sified Information<br />
c=J Otherwise Restricted Information<br />
/ () -3-7f/<br />
Date<br />
GENERAL SERVICES ACMINISTRATIOO<br />
GSA FORM 7117 (2·72)<br />
GSA DC 72.10421
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
1<br />
~1CC~vm<br />
DL 44-1639'<br />
Ruby, JaoJr<br />
J J- J<br />
Ot<br />
lnvQ~V~d or Tnt nd Organizations<br />
ervJ.ew(itd<br />
On March 23, 1964, EARL RU~Y, 29925 Woodl<strong>and</strong> Drive ,<br />
Southfield; Michigan, advised the D~troit Office he had, whils in<br />
Dail-&s, '!'exa.s, on Marc:h 16, 1964, obse:r-.,; -ed a telegram sent to MELVIN<br />
BELLI, &Jttorney for JACK RUBY, e,,
----<br />
<strong>Records</strong><br />
of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
Date<br />
Page<br />
05/08/20<br />
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JFK ASSASS I NATION SYSTEM<br />
IDENTIFICATION FORM<br />
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AGENCY INFORMATION<br />
we<br />
179 - 40003-10336<br />
09: RUBY, JACK 11-1<br />
- - ---------------------------------------------------------<br />
DOCUMENT INFORMATION<br />
ORIGINATOR<br />
FROM<br />
TO<br />
TITLE<br />
DATE<br />
PAGES<br />
SUBJECTS<br />
FBI<br />
HOOVER, J . EDGAR<br />
RANKIN , J . LEE<br />
04/14/1964<br />
2<br />
RUBY, JACK<br />
BELL I , MELV I N<br />
TONAHILL , JOE<br />
DOCUMENT TYPE<br />
CLASSIFICATION<br />
RESTRICTIONS<br />
CURRENT STATUS<br />
DATE OF LAST REVIEW<br />
OPENING CRITERIA<br />
COMMENTS<br />
PAPER , TEXTUAL DOCUMENT<br />
UNCLASSIFIED<br />
OPEN IN FULL<br />
OPEN<br />
12/06/1994<br />
ALSO IDENTIFIED AS GA FBI, MELVIN BELLI, JOE H.<br />
TONAHILL; P . 1 -2<br />
[R] - ITEM IS RESTRICTED
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
~FFICk. 6F TIIE Dlllt:CTOR<br />
Ur-;ITED STATES DEPARTMENT OF JUSTICE<br />
FEDERAL BUREAU OF INVESTIGATION<br />
I<br />
L<br />
WASHINGTON 25. D. C .<br />
pril 14, 1964<br />
BY COURIER SERVICE<br />
Honorable J. Lee Ranldn<br />
General Cou::1sel<br />
The President's Co~~ission<br />
200 Maryl<strong>and</strong> venue, .:o:rthe:::st<br />
Washingto , D. C. 20002<br />
Dear Mr. R~nldn:<br />
A confidential source o~ th~s Bure~u hus<br />
• advised thc.t r.k~lvin ,r. Belli, fo:-:1e:: ;;:.ttor;.-1cy of<br />
Jac!: L. Ruby, di!"ccted a letter to Ruby dated Uarch 21,<br />
196
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
--------<br />
Honorable J . Lee Rankin<br />
were made by you (Ruby). The testimony of McMillon was<br />
completely destroyed, 1.1dl!illon h:lving testified he saw<br />
certain things, where us, photographs shO\'led !.1c!.!illon was<br />
not looking in the di~ection of Oswald at the time he<br />
was shot.<br />
~r. Ton~hill's letter continued by statin~ that ,<br />
without the testimcny of the officers as to st~to o.ts<br />
allegedly n::de by Ruby at the tine of <strong>and</strong> i:::.mediately<br />
followin~ the shooting, the :Jist_ ict Attorney ,-,ould at<br />
best have a case of murder ni·;;nout malice. "Of course,<br />
our testimony would completely co.:ltradict that." The<br />
penalty for murder without malice is from two to five<br />
years. "We can reverse the case <strong>and</strong> get a change of<br />
venue from the appellate court," <strong>and</strong> the statements of<br />
the police officers will not be adoissible as res gestae.<br />
llr. Tonahill said that, should P.uby enter a plea<br />
of guil·;;y, he would, undoubtedly, get credit for the time<br />
he spent in jail <strong>and</strong> should not have to serve over a year,<br />
considering ti~- off for eood behavior, under a maximuo<br />
sentence of five years. A second trial would likely take<br />
less than a week <strong>and</strong> a jury would find _ uby not guilty,<br />
because the approach would be soz:.e-r1hat different in the<br />
next trial. "Also, Jack, even if you entered a plea <strong>and</strong><br />
commenced to serve out that short sentence, you would get<br />
the treatment you need during that time."<br />
The above is furnished to you for your information<br />
in view of its relationship to the appeal <strong>and</strong> possible<br />
retrial of Jack L. Ruby .<br />
Sincerely yours ,<br />
- 2 -
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
JFK ASSASSINATION SYSTEM<br />
Date:OS/12/93<br />
Page:1<br />
IDENTIFICATION FORM<br />
AGENCY<br />
RECORD NUMBER<br />
we<br />
179-40005-10038<br />
AGENCY INFORMATI ON<br />
RECORDS SERIES<br />
09: RUBY, JACK 11-1<br />
AGENCY FILE NUMBER :<br />
ORIGINATOR<br />
FROM<br />
TO<br />
we<br />
BELLI, MELVIN<br />
CRAIG, WALTER<br />
DOCUMENT INFORMATION<br />
TITLE<br />
DATE<br />
PAGES<br />
04/21/64<br />
26<br />
SUBJECTS<br />
RUBY, JACK<br />
DOCUMENT TYPE<br />
CLASSIFICATION<br />
RESTRICTIONS<br />
CURRENT STATUS<br />
DATE OF LAST REVIEW<br />
OPENING CRITERIA<br />
PAPER, TEXTUAL DOCUMENT<br />
u<br />
OPEN IN FULL<br />
0<br />
I I<br />
COMMENTS<br />
P. 1-26; BOX 16<br />
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[R] - ITEM IS RESTRICTED
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. enne y Assassmatwn Collection: Key Persons Files<br />
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··•'Wal.ter ~.., ·craig, 'Esq,, President<br />
The Ameriqan Bar Association<br />
1155 E. 60th. street<br />
Chicago, Il.linois. 6063]. ,<br />
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<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
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\'1alter E. cra1g 1 conti.nued 2<br />
~be found guilty of a bx:'each ,of professional. e~ics then your ,. .<br />
p1.l'uli.c relations counsel may cafl in the press, television. radio, .' ... ' ·<br />
:wire . services, t:j'le legal newspapers <strong>and</strong> th.e "profile" rnagaiines.<br />
of all ·the Elrofessions, Mr, c:raig, we as la\vyers, <strong>and</strong> you<br />
parti.cu.larly as a lawyer now about to assume the federal bench, .<br />
shoqld know the roost about due process o f la\o~, fairness aM justice,<br />
the right to an impartiql he
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
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<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
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Mr .• Walter E. craig, continued<br />
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is dead <strong>and</strong> . "his lawyer'' c·an • :t be fernbarr,assed by sitting next to . ,. '<br />
hit:\ in court. It is another when 10rte has 1;0 st<strong>and</strong> ·up alone ... in . .<br />
court for a flesh <strong>and</strong> ·blood defendant. <strong>and</strong> ~ixhaustedly fight against.<br />
his being railroaded in the small hdurs of the · morning. - '., .. '<br />
I<br />
Some of the leaders of the great fair minded Texas Bar<br />
~-\ssociation, emboldened by the exa.'11ple set by your brazen public<br />
ex parte conviction of mQ for exercising my frced9m of speeCh as ~~<br />
an American lawyer, went even fu~'hcr than you: They too called · ·<br />
a press conference <strong>and</strong>, . advising that I had breached professional<br />
ethics by maligning the American c~ty of Dallas, they actually<br />
distributed a "40 page brief" <strong>and</strong> announced that they were "going .<br />
to tha Texas supreme court to disbar Belli from practicing in Texas."<br />
Though this 40 .page brief" was allegedly "filed" with the<br />
Texas suoreme court over two weel s ago, the Texas Bar Association<br />
did not have even the courtesy to send me a copy. I wrote the<br />
Texas suprcr:1e court for a copy of the " 4 0 page brief" • . The Clerk<br />
'of that court <strong>and</strong> the Texas Bar Association i n a wire service story<br />
said they would not send me a copy of the charges~ . However, today ·<br />
I did receive a copy graciously sent me by the Chief Justice.<br />
You know, r-~r. craig, that there is nothing I could have done<br />
before, in, or after the Ruby trial that would have met with your<br />
personal approval or that of the few "leade rs" of the American Bar<br />
Association ,..,ith .,.,.hom I have been at war over the years because~<br />
the interests of their clients conflict with those of. my clients, :<br />
their concept of the service an American lawyer should perform for<br />
his clients differs from my principles <strong>and</strong> beliefs. You want the -<br />
American la~1yer to be a conforming second rank professional, a<br />
sort of athletic supporter to insurance companies <strong>and</strong> big business.<br />
I want him to be a leader.<br />
Before I had even officially been retained by Jack Ruby,<br />
your friend, the insurance company lawyer, president-elect Kuhn<br />
of the American Bar Association, gave a talk to the oklahoma City<br />
Bar Association. His remarks about me a nd my client thereat<br />
·~ violated every canon of decency·, fair play <strong>and</strong> ethics of an ~/: .<br />
;iawyer. They were so grossly in bad taste <strong>and</strong> abusive tnat some of<br />
._:my friend.s of the oklahoma Bar telephoned me in dJ,..sgasfz. 4:::) report<br />
.f.no=nc.v-.:Z~.reo:UJeDJ:-
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
.Hr. Walter E. craig, continued 5<br />
)<br />
----: -..,., ltCilO "<br />
"I COP l<br />
some cities irrAmcri~a, a stack of billd which the Rubys left <strong>and</strong><br />
their. checks marked "insufficient funds". I did not receive one<br />
cant in fco nnd I don't suppoca that r•11 nck for it now, but I<br />
did leave for Jack Ruby the legacy of that trial record which<br />
you, if you are going to be a judge <strong>and</strong> if you believe in justice<br />
in America, should be the first one to read so that something l:Uta<br />
this can't happen in an American court again.<br />
Insurance-company-lawyer-American-Bar-President-elect-I
--<br />
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<strong>Records</strong> of the John F K d . .<br />
. enne y Assassmatwn Collection: Key Persons Files<br />
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Mr. walter E. craig, continued<br />
uutomobile' driver, the railroad ~orker, the F.E.L.A. cases, the<br />
industrial accident cases <strong>and</strong> the ' crirninal defendant. ~lliy, if<br />
the American Bar Association is a legal association of just <strong>and</strong><br />
fair lawyers should there be a great hue <strong>and</strong> cry publicly when<br />
in the mind of the President of the Association (not a duly<br />
elected committee) there is a violation by a lawyer representing<br />
individuals <strong>and</strong> causes <strong>and</strong>.not when there is a violation by~<br />
corporate lawyers?<br />
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Mr. :i
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<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
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walter E. craig, continued<br />
General Robert :Kennedy, asking that his anti-tl:'llst agency ·examine<br />
into the "impartial list" <strong>and</strong> "confi,dential keV" roodtls<br />
oper<strong>and</strong>i of establishing this "impartial list".<br />
You <strong>and</strong> some of the other "leaders" of the American<br />
Bar Association must be well aware that this "impartial" list<br />
-- is "rated" 111ith its "confidential key" by Martindale-Hubbell<br />
"inquiring" in each community in the united states solely of<br />
lawyers representing banks <strong>and</strong> insurance companies, those<br />
regularly on the defense s ;idc of the lc::wsuit, as to who are<br />
the "best" lawyers in the community, \vho have the most "ability",<br />
what is their net \·1orth, \vho pays his bills promPtly. As a<br />
result of ~uch "impartial inquiry" ( ~) the ., impartial rating"<br />
is made up by the very interests we plaint~ff - lawyers regularly<br />
oppose~ so, qUite undorst<strong>and</strong>ably, throughout the united States,<br />
many of my brethren at the personal injury bar, those able, ·<br />
honest <strong>and</strong> courageous lawyers who will fight an insurance<br />
company <strong>and</strong> a bank <strong>and</strong> defense lawyer firms such as yours <strong>and</strong><br />
Mr. xuhn's, are rated by these interests far below their legal<br />
ability or~ what is less important, their financial worth. The<br />
M. H. system of "impartial rating" is as impartial as it would<br />
be to retain Richard Nixon to "rat'i!" Harry Truman's epitaph~<br />
I can give you the name of tho ablest, most -honorable,<br />
most ethical lawyers in any community in the united States who<br />
pay their bills promptly <strong>and</strong> \~ho have enough of this world • s<br />
goods to live like respectable human beings~ but who are rated<br />
in this "irnpa.rtial law list" far below the banker's lawyer, the<br />
insurance company's la\vyers <strong>and</strong> the other "defense lawyers" in<br />
that particular community which lawyers couldn't pack their priefcases<br />
in an ~onest man's race.<br />
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I xnow that you, Martindale-Hubbel, <strong>and</strong> a small<br />
minority of the American Bar Ass oci ation leaders have resentea<br />
my attempts to break up this monopoly, not because it :has<br />
damaged or diminished my practice but because I know that through<br />
the perpetration of this A.B.A. monopoly able, good, honest <strong>and</strong><br />
indeed great indj_vidua~ pract:ione.rs have beenpe.rpetually <strong>and</strong><br />
da~ly deprived of law bu~iness that should have come to them<br />
:but went· elsewhere to less able lav.>ye.rs pecause the_ ":forwarding"<br />
~-or .institution or lawyer, seeing that they were ,.unrated"<br />
or H rated" lower than another la\
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
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' Nr. Walter E. craig, continued<br />
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which I have done so much writi~g. I felt perhaps that I<br />
might have misjudged the American Bar Association after all.<br />
· It-. could 'be a "grass roots" organization representing !:]d<br />
the la ..,yers of the United States, those on the pJ_aintiff' s<br />
:;).de as well as those reprcsanting insurance companies, those<br />
representing the individual American as well as those representing<br />
the American corporations; that some of the "leaders"<br />
truly were interested in the complaints o f we members Qf the<br />
plaintiff's 'bar~<br />
When I carne to Chicago~ thcte were a number of<br />
inquiries addressed to me about Lif~ magazine having done a<br />
"profile" on me <strong>and</strong> call.i.ng ·roe the "l
<strong>Records</strong> of the Jolm F. Kermedy Assassination Collection: Key Persons Files<br />
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Mr~ Walter E. craig, continued 9<br />
.·<br />
·do something about him before -<br />
.you know~"<br />
he ,.,.as in • trouble• before,<br />
For 1-:1y part, I have not mentioned this "trial" (!)<br />
publicly until now. I had intended to write fully <strong>and</strong> detailedly<br />
of it for the first time in my autobiography but I mention it noW<br />
.___ publicly, aincc you have. seen fit to castigate rne · publicly, · again .·:,<br />
without my opportunity to make a defense or be apprised specif- i·<br />
ically of the charges, so that my clients, my family, my friends,<br />
decent, honorable lawyers, .la\·1 students, judges <strong>and</strong> public officials, ~ .<br />
here arid abroad can appreciate the full badcground of your <strong>and</strong> the .<br />
association's personal animosity ag.::inst me end the despicable<br />
manner in t-lhich you have attempted cla ndestinely to proceed while<br />
all the while claiming that 1_ breached professional ethics~<br />
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~rnat has happened to the (image of the) American lawyer?<br />
TO me, he \·1as first an indivi dua l with an individual's conscience.<br />
I suppose I can't be crit i~:~ , . t11ut nou he's joined a "big firm"<br />
<strong>and</strong>' he too has become big bus iness. But what I do complain .is that<br />
he has lost his individuali-ty <strong>and</strong> ~lith his individuality his sense<br />
of individual conscience, ethics <strong>and</strong> courage.<br />
There are some t11ings ·a man must do alone. He's born<br />
alone~ he's married alone, he dies ·alone. He must be a. lawyer<br />
alone in much of nis practice. He frequently must make individual<br />
decisions when h e is offering evidence, when he is objecting,<br />
when he is st<strong>and</strong>ing before tho jury in argument <strong>and</strong> his ·client<br />
is facing the electric chair. He c'an't go to his "Bar Associationu<br />
or his big l?.W firm at that time.<br />
I recognize t.'1a't;"' man cannot b e alone unto himself<br />
particularly today with mode~ communication <strong>and</strong> the comple~ity .<br />
of business <strong>and</strong> life <strong>and</strong> the ominous shortness thereof incongruously<br />
in an age of longer life expectancy. Ne cannot practice<br />
a profession today without associating with our fellows for<br />
in£ormatiQn . sba~ing in our professional specialty.<br />
But in the old days, it was to tne lat-;yer, the indiv- ·<br />
iduaJ. ~zwyc,r, that the community looked for leadership. When<br />
thoro was a Red cross drive or a swimming pool to be built or<br />
an emergency to be met, it was the lone lawyer who gave leadership,<br />
not a banker or a bank or an insurance company or a business<br />
man as nm·1. The lawyer was SO-:!lething special in his ' community.<br />
He stood for integrity, as well as individuality <strong>and</strong> he stood for<br />
imagination <strong>and</strong> courage as t-;cll as freedom of speech. He was a<br />
fighter in court, he was a fighter out of court <strong>and</strong> he was a.<br />
fighter for the community against enemies from the outside.<br />
What has happened to the image of the individual<br />
doctor? I complain when suing the doctor in court for malpractice<br />
that the individual doctor has a highe r honor <strong>and</strong> ethics than<br />
his association or when he gathers together· in convention. It<br />
seems that there is sort of a conventi on violence that takes over<br />
the individual practitbner•s ethics <strong>and</strong> honesty <strong>and</strong> he condones<br />
malpractice acts that individually he l•rouldn' t think of approving.<br />
His association tells h.:L11 not to ope ~]( out against or criticize<br />
his brother doctors. (In lcll·l ussociations i t seems only when :the<br />
. la\o!Yer for the injured person or the crirn i n out against fhe<br />
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brother lawyer.) .<br />
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The image of the individual doctor has I suppose beG!n<br />
smeared in laboratory slides, S\qallo\qed up by pathologists,<br />
specialists, gargantuan modern hospitals <strong>and</strong> test tubes. And<br />
so has the individual lawyer, who to rna first <strong>and</strong> foremost was<br />
the trial lawyer, become the corporate lawyer, the tax lawyer,<br />
the accountant lawyer. He's become a ledger .jodtey for corporations<br />
seel~ing to evade the payment of taxes.<br />
Fewer are the hours spent in law school curriculae<br />
on common la~l history, common la\-l f orms of action. In la"1 more .·<br />
ihan the other disciplines we must kn01-1 where we've been to chart<br />
where we' rc going. One of the principal intendments of a profession<br />
is its unbroken ancient lineage <strong>and</strong> its proud ancestral<br />
tree. But now not only "the 10.,.1 branches but the trunlt arc being<br />
amputated to substitute for the humanities, taxation, accounting<br />
<strong>and</strong> those oti1cr commercial studies more properly taught in the<br />
business school. Fundamentally rr~st a lawyer learn of his ethics<br />
<strong>and</strong> moralities in law school <strong>and</strong> h e learns a great deal of these<br />
through legal history. He cannot learn them after graduation<br />
<strong>and</strong> they cannot be l egislated.<br />
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Tho nurnbor of hours lD:cwise spent on criminal law<br />
io dccrcnsL'1g witn the pnssir.g o:: c;1ch ye;:,. r in the major lntq<br />
nchools . The 1-:~rch issue of the l1.ocric:Jn Bnr 1\s:::;ociation Journal<br />
c;:1rricd an z.rticlc "The sunset o:::: the Cr:L-ninal Lawyer". Even<br />
your association recognizes that crimL~al lawyGrs arc not baing<br />
made in the law schools because thGy nrc not being taught. Exit<br />
the criminal la~1 <strong>and</strong> you may as well move your law schools over<br />
to the school of business administration -- or to the I.B.M.<br />
·Computer house <strong>and</strong> move the f0\1 o f us remaining practicing criminal<br />
lavJYers <strong>and</strong> general trial men over to the monkey hoUse where<br />
the public can stare at us - being attracted by your public<br />
announcements about us - <strong>and</strong> our ethics! ·-<br />
American Bar Association presidents on the social<br />
circuit after the filet mignon <strong>and</strong> petit fours have a particularly<br />
majestJ.c subject for the.lr tall~: "The Defense of unpopular<br />
casas". Hhile they approve t..'le abolition of law school courses<br />
wh.ich would teach the student lawyer how to try an unpopular<br />
cause, they ponderously proclaim that "it is the duty of every<br />
la~er courageously to st<strong>and</strong> up e nd be counted, to represent<br />
his un£ortunate brother no matter how unpopular the cause, how<br />
heinous his crime~"<br />
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But tho defense of a child rape case, a Negro in the<br />
south, a communist an~!here in America, an insane hatchet murder~r,<br />
a live 05\-JaJ.d, of Columbus, of Pasteur, of Jenner, Dreyfus, with<br />
always"others"! There are great vocal defenders in the American<br />
Dar Association president speeches until it comes time actually<br />
to represent these poor devils -- when they are alive. Then,<br />
there is the scrw~ble back to the corporate desks by these men<br />
of great <strong>and</strong> worthy forensi c sentiments, it is accompanied by the<br />
phraso that h
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midnight with an hour break for ! lunch <strong>and</strong> an hour break f or<br />
supper because we have so much to teach in modern trial law<br />
th~t \'le try to conserve every bit of time. I have always had<br />
one moment of levity <strong>and</strong> relaxation, <strong>and</strong> in the same spirit of<br />
a "gridiron dinner", that the greater tl;e man the greater the<br />
profession the more he <strong>and</strong> it could afford to be examined<br />
humorously. ~ne profession or the human being who cannot<br />
laugh at himself is indeed sic;{. ·<br />
In 1.9_ to one o! these Se.'llinars in Miami, .. Fl:o·rida,<br />
I brought a former client, .Nickey . Coheu~ It 'Yil:IS:'.at· thoi:· time of .'· ·<br />
the American Bar Convention· in that city. N.r. coh~,. had· just ·"'<br />
been released from a Federal prison after havi~g served time for<br />
income ta>~ violation. The subject of his "lecture" at my Seminar<br />
was "Income Tax Tips :from the Inside". He \las billed as an. income<br />
tax specialist, Professor o•Brien, from Harvard university.<br />
Of course, had the insurance section of the American<br />
Bar done this or had this been done at one of the hijinks which<br />
are held by al!OCs t every Bar Association near the end of each<br />
year, which are delightful· und most entertaining, when f air<br />
humor is poked at honest judges ar:d l:! S r:!i l c/ votes we gave hinl. ~ . (*see<br />
EXhibit One attached hereto, an editorial in the san Franciso<br />
Chronicle, April 7, 1964, for an honest appraisal of these two<br />
g entlemen.)<br />
Another Of your past presidents of the American Bar<br />
upon rctirament became a specialist in the evasion of the ssrvico<br />
9f .process upon one of his corporate clients. It was he who, too,<br />
was :r.:ost critical of me, but alHays behind my back, during his
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tann of office. <strong>and</strong> particularly of my lectures in wh:).ch I advised<br />
of procedures to sue, serve <strong>and</strong> collect by deserving injured<br />
p~cple against his clients!<br />
A very recent pres~ent of the American Bar Association,<br />
John c. Satterfield, became, immediately upon stepping down from<br />
the presidency of the A~rican Bar Associaion 1 the spokQsman for<br />
rr~ scqrcqationist movement in the United States. This is hardly<br />
organization \~hich , in its comments, has been .respectful of<br />
·-·-· ·· the laws of the un,itoo States or the Supreme Court but his ren~arks .<br />
_ have again all been acceptable under. your organization'~ concept<br />
of freedom of speach - to some.<br />
I recall Hr. Satterfield's comments· on "'l'he President's<br />
page"~ July, 1962, the American J:)ar Association Journ~l, page 663.<br />
He quoted Chief Juctice Harl<strong>and</strong> F, stone of the united States<br />
Supreme Court, "!'1hen the courts deal, as ours do, with great<br />
public questions, the only protection against unwise decisions,<br />
<strong>and</strong> even judicial usurpation, is careful scrutiny of their actiOns<br />
<strong>and</strong> fearless comment upon it."<br />
Is this "fearless" comrr.ent reserved to a clique of<br />
lcndoro of tho 1\meric
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~ three minutes jurx del iberation~<br />
Hhc:m the late Clarence Darl:>'0\•1 t~ent to<br />
to tr"¥ the "s=pes Evolution case" a'ifainst 'l'lilJ.iarn Jennings<br />
Bryan, which case Parrow, too, kne~~ he was going to lose at the<br />
trial state but t~hichhs, too, hoped \'.o win on appeal, upon a<br />
guilty verdict being announced he oried o4t such exact words<br />
as "bigot", "hypPcrite", 'lna!:rm·l-rn:j.hded", "Vict;ory for pigotr'y<br />
injustice." I just used ~ of these . words. <strong>and</strong> yet you have<br />
the collosal effrontery to call me for this reason "unethical".<br />
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, rt,r. ·narr0\-1' S wotds \'7Crf3 echoed a thous<strong>and</strong>-fold by a ,•<br />
·thous<strong>and</strong> write~s in this country ~1d abroad <strong>and</strong> still echo <strong>and</strong> reecho<br />
- - "bigotry" - .;. <strong>and</strong> there was no criticism of his exercise<br />
' · of his freedom of socech at a time when it is lc s~ needed than new~<br />
samuel Liel:x:>
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magazines, nei.e;; .' v. ftc•·e<br />
that it would have first to be reversed upstairs on appeal, then<br />
transferred to another co~ty~
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But we had th0n no conception of tho magnitude of the<br />
errors or the prejudice in law <strong>and</strong> in decency that we would meet<br />
during this trial. T.~is next above is a factual statement that<br />
every fair~minded lawyer 111ill appreciate once the trial transcript<br />
is prepared <strong>and</strong> settl~d. Every newspaperman, outside<br />
Dallas, 111h0 covered the trial Jmows it now.<br />
~·Jhat \~c did not ltnow \~hen we came to Dallas to move<br />
for change of venue \~as that there was a pu"bl.ic relations counsel<br />
assigned by the Citizens Council of Dallas to Judge Bro11m <strong>and</strong><br />
that Judge Brown had then <strong>and</strong> there made up his mind, <strong>and</strong> had ~<br />
reported, that the cause would not <strong>and</strong> could not be transfe~red<br />
from Dallas~ t·Je were allowed to go through three "horrible hypocriticalw0~•s<br />
in futile gestures moving for a change of venue~<br />
>'lha'c happened after that <strong>and</strong> during tho trial is<br />
partly reflected in Sybil Bed£orc1's rc~ort of the trial in a<br />
recent issue of Lifo t 1 lagazine: "l"·!e 11Tere relfused any discovery,<br />
we were refused an opening statement; the District Attorney<br />
objecting <strong>and</strong> the judge sustaining t:hat we 111ere talking "facts".<br />
(l'he District Attorney had refused to ma::;e an opening statement<br />
so ne ..,,asn 1 t going to allow us to mal
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Mr. Walter E; craig, eontinued ~7<br />
b¥ his Honor. The principle state's witness was Sgt. Dean, who<br />
was in charge of security ( ~) at the time of the OSIIJald shooting.<br />
He was allowed to testify to conversations by Jack Ruby at least<br />
a half hou:t:" ~ Mr. Ruby's arrest. Recently he complained to<br />
his Chief of Police that the F.B.I. had accused him of lying ~<br />
I now affirm that which has been repeatedly repo~ed<br />
-· by an impartial press (referred to in Dallas as the "Yankee Press"·<br />
that the judge looked unabashedly to the pro·secution for his<br />
rulingst <strong>and</strong> indeed, sustained each. every <strong>and</strong> a-ll thereof the<br />
state '.s =tions.<br />
In"picking" this jury, referred to by me as bigots .<br />
we exercised all of our ~reemptory challenges, <strong>and</strong> indeed, were<br />
given three extra "gratuitol.!Sly" by the Court·. This jury was<br />
"thrust d01-m our throats." Of some 178 talismen there were only<br />
two Jews, two Ne d.) cur challenge to her for cnuso<br />
By that two \o.'O v c r c out of prooonptory challongo.o.<br />
"""'a dicallO'~·ec.<br />
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T· :-tt":"' - .. • .... :!\:: : .. :..r.; •· .. :t (~ .t ·! ;r :·~ :1 ' i • t'.nt .1t<br />
u:1j• t.~-u :;t·:--.::. t..:".! l!·) ~- :: · ~ •" .... :-. , ... lo",•o o t h1o.<br />
U1 ~t: J.. ~ ho ;o-: or. ~'~ ~u ry ~K .•,ul . , :. l r.uLy La tho oloctr1c<br />
ch"'i.r. • Judge :;ro-~·n .H:X!'10'"'lc:dgcd o:. t c. = t:.c verdict th::~t ho hud<br />
been told this by this. reporter~<br />
Vic r e:eeatedly asked for a change of ve nue, ~ <strong>and</strong><br />
during the selection of each juror. nut w_e did not know then as ws<br />
do now, that his Honor had a fixed opinion himself 1 that a -change<br />
of venue would not be granted, <strong>and</strong> we were forced to trial before<br />
a jury of twelv~Has. c.ii:.izell.s- a.l.l.. dot:e.::127.i.ned.-to protect the<br />
image of t:nat:. c.J..t:Y - at any <strong>and</strong> all costs ....... particularly to<br />
Ja.ck.--RtW.Y.<br />
- on the last day of trial the charge (or proposed<br />
.1n.st:.ruct:.ions to- the jury) was presented to us for the first time<br />
about. ten in the morning. It had over 100 errors of substance.<br />
·l't ]>ad been p.l-·epared not: by the cour-:.: but: by t.lJe D.istri.ct At:torneyp'<br />
office~ ~<br />
Ne stayed in the cou;:troom from a little after 9: oo·<br />
that morning until approximately 8:00 in the evening, at which<br />
time his Honor announced t;hq.t "the cas e will be finished toniqht<br />
regardl -e ss~" That jury would have gone out to deliberate that<br />
night had the judge allowed them:)<br />
i'To were finally able to eke out three hours to a side<br />
for final argument but that \o/Ould have put. the last of the final<br />
arguments after 2:30 in the mornin~, s o in orrler to comply with<br />
his r:onor' s order, we cut our argur.1ents to two hours <strong>and</strong> that<br />
evening I began my argument to tha1:_.Dlry on a death penalty case<br />
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Hr. Walter E. craig. continued<br />
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at 8 min!:ltes to 12 midnis:h t ~<br />
I was mot b:f the yawns of two jurors before I even<br />
had the opportunity to open my exhausted mouth.. The District<br />
Attorney who followed me spoke only sixteen minutes . He told<br />
the jury if they didn't electrocute Jack Ruby "~1e Rust;.i;:n<br />
Cornrnunits would laugh at us~" He told U\etn what a great city<br />
Dallas was <strong>and</strong> what Dallas justice (~) is .<br />
The next morning the jury started deliberation at<br />
about 9:00A. M~ TWo of the women ju~ors requested to have the<br />
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"defense medical testimony" read, announcing that they had "slept<br />
through it"~ Eut apparently the other juro~s convinced them that<br />
it would not be ncccssarx to consider the "defense medical testimony".<br />
(The Judge did not have it read.) The verdict was<br />
reached in 50 minutes - not two hours. After those 50 minutes<br />
the jury then sent .out for coca Cola <strong>and</strong> laughingly spent the<br />
rest of the two hours -waiting for the trial judge to · come to<br />
Court~<br />
His Honor had told me several days before <strong>and</strong> several<br />
tirocc, "You have the case \~on." But I knew with that jury that<br />
h ad boc n forced ul"'n us <strong>and</strong> with his Honor• s rulings that the<br />
o nly w y t."lio cm ·t:o- ·.r~rt Dallas' act of public cl.ean,sing<br />
-t;a. t:.h.a world.<br />
N'hcn the verdict was smugl:s:-· reported I stood <strong>and</strong> said<br />
to that jury what cver;y impartial ne~~spapcr man in that courtroom<br />
felt., "Thank vou for a verdict of biqotry <strong>and</strong> lnjusticc." I had<br />
told the Court that the verdict would b3 one of bigotry <strong>and</strong> injustice<br />
if we wcr~ forced to trial in Da llns; I woul9 have been<br />
less than honest if I had not the courag e to speak ~~e words<br />
that wero in my mind <strong>and</strong> in my soul <strong>and</strong> my heart.<br />
It is interesting to not~ th ~ t the judge after all<br />
of these comments which I made <strong>and</strong> whiC:< you, sir, say arc unethical,<br />
said "This is the zr.ost brillia::t lawyer that ever carne<br />
into my courtroom <strong>and</strong> he c
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of the prosacutors said, "Maybe "lila are pressing our luck too far<br />
ln Dallas to allow another parade so aoon for anot..1-J.er Irishman~"<br />
He is the same p::::osetutor who said, "Hell, if they "l.vant to look<br />
_inside of Jack RubY's braj.n we'll give it to them aftor we fr:(<br />
]"!.{_..l~~" It was he \~ho also said, "I suppose we' 11 have to give ~em .<br />
those report::; because b'lat Soddam liberal Sup:r.eme Court has said.,_ '<br />
.:;ot" And he also called .Jack Ruby a "Jew boy". ·<br />
But you, sir, do not regard the next above remarks as<br />
disrespectful or unethical or blasphemous or castigating .our<br />
supreme court or a religion. They a~c the exercise of freedom<br />
of speech though publicly uttered to the press for further reportingt<br />
If my remark t{lat Jack Ruby was "railroaded" was<br />
"unethical", then, sir, how do you consider the remark made within<br />
the last week by Jack Ruby Is counsel next retained after me that<br />
"Jack Ruby was barbecued in Dallas!" '+'his lawyer is a Texan, there<br />
has been a "cooling-off"pcri6d. Nou1ii you not say that that bitter<br />
remark was in serious , sol~, studious corroboration of my charge<br />
that Jack Ruby was "railroaded"?<br />
;,s far as my remark that "Zlallas is a festering sore<br />
flr.c! ~ cit'l of h:::ltc, I advise you, sir, that United states Federal<br />
Di:;t=ict vi.!'-J.:l S~=;)h ?. Et:gh;::;, ju.:;t :! few days ago, {April 5,<br />
1 ~& ~) publicly told a group of Latin ~mcr.~~an editor:; in her<br />
n.:lti·Jo D.::.lln::; t....~.J. t there w~s a ncl.ir.l~.:~c of hate in Dallas that<br />
1~.1s not cvidcr.t in any other place - - - t11at feeling contribu.ted<br />
to Prc1;ident oe.ing developed,<br />
But for you, sir, to ignore utterly <strong>and</strong> comple~ly<br />
not only my _charges of "railroading'
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Mr. walter ;E. craig, continued 20<br />
that didn't swp them from comir\g to the aid of Pallas. (The<br />
only time Judge Brown "leaned over backward" while the tria,l<br />
was in session \~as to hit the spitoon~)<br />
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It is inexplicable to me that a true trial lawyer<br />
today when American justice; l~t alone our whole democracy, is<br />
on trial ~~roughout the world could co~dernn me by clai~voyance,<br />
could pontifically proscrib9 me without ~nowing the record <strong>and</strong><br />
thereby approve Dallas, the city of shame <strong>and</strong> its public relation<br />
council inspired trial of Jacl~ Ruby.<br />
Your condemnation <strong>and</strong> conviction of me publicly <strong>and</strong><br />
without giving rno an oppbrtunity to anS\~er \'las much more unfair<br />
than Governor Connelly's or General carr's. You are supposed<br />
to sperut for the American lawyer, you are supposed to be ~<br />
partial, you are supposed to represent jus~i~e in this country,<br />
yet you knel'lt nothing of the record <strong>and</strong> you know nob"ling of this<br />
record. You failed to advise that '11/C are personal adversaries<br />
not only so ~i ally but in our philospphy of the law, <strong>and</strong> of<br />
economics <strong>and</strong> represent adverse interests <strong>and</strong> clients \~hen you<br />
gavo your onc .. sided press conference in my home to\•m ~<br />
He perhaps do need
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
I .·<br />
l.o.\0:.1 1<br />
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Mr. Nalter E. craig~ continued . 21<br />
kept this issue sublimated. Some people think I am Jewish.<br />
I'm not that . fortunate. But I am a member of a "minority race".<br />
The next time I go to Dallas I would like to be one-quarter<br />
Italian, one-quarter Jew, one-quarter Negro <strong>and</strong> one-quarter<br />
l'.merican Indian so I can be lOC»h mL;ority <strong>and</strong> I'll say that.<br />
which I should have said about the picture significantly glorifying<br />
the hanging Judge Bean with its "foi: whites only" drink- '·<br />
ing fountain just below it· ·in tho main lobby of the Dal.las ·court<br />
House, the Hall of Justice~<br />
You havo forgotten he who is most important to our<br />
very p·rofossion, our client·. In this instance I am referrilig<br />
to Jack Ruby. (You represent Lee Harvey Oswald.) I haven•·t<br />
for the moment. r•m sorry that I won,t have the honor of<br />
having my name on the Brief to the Texas Appellate courts that<br />
must consider the trial record, <strong>and</strong> particularly \~hen the re- · ·<br />
versal will have to be based upon the record I left in the<br />
trial court, )mowing that there would have to be an appeal.<br />
The Ruby case has become a cause celebre. In this<br />
age of television drama ~nd the frantic race for over-entertainmont<br />
\ole lose si']ht of our client, of t.'1e individual, what ls<br />
good for hi.'ll, ;::nd incccd, \·lhat even is good for the individual<br />
l~wy.::r. Too ::::-cquently, we
~--<br />
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
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·<br />
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Mr. t-7alte:c E. Craig, continued<br />
22<br />
I·<br />
I!<br />
/;<br />
J.<br />
I<br />
.,<br />
1.<br />
F ..<br />
first suggested in the l~nes of '~~ o foreign press <strong>and</strong> this long<br />
before thG vGrdict~ And then camb tho repor'cing of the ominous<br />
insinuation that oswald, your clie~t, who assassinated our Pres<br />
::.dont, <strong>and</strong> Jack Ruby, my client, w110 shot him, kno\-1 each other,<br />
that OS\.,ald was part of a "conspira cy:, t.'1at Ruby .,.;as encouraged<br />
"by tho Dallas police to go into the Dallas jail to shoot Oswald.<br />
1 tried, <strong>and</strong> this without prejudi ce to my case or the state's<br />
case, to have the District At'c.o;::ney 1n Court announce during the<br />
tria~ that there was no truth to these rumors. But the prosecu~<br />
tion feeling theY could gain some prejudicial bGnefit by encouraging<br />
these =.ors refused to quash thcxn. The judge '"as televised<br />
laughing <strong>and</strong> joking with Mr • . oswald's mother. They munched c<strong>and</strong>Y.<br />
together in the court corridor. ·<br />
So these rumors wh~ch hur·::. us immeasurably abroad<br />
continued. They hu:rt us because it wns made to appear that our·<br />
law enforcement agencies, local <strong>and</strong> ;'la·tional, tho F .B. I;.,~ could<br />
not or \10uld not report the "plot" in all its ~ntendrnents. There<br />
was oven the rllioor t~at Prc~idcnt Lyndon Johnson, a Texan, assisted<br />
in huving P:::ooid~nt !(cnnedy done ;::..,,ay \-lith to succeed to his office.<br />
These rumors' v1crc headline rcpo:rtcd in the papers c.broad where ro<br />
::;pcct for our typo of justice {even in other American cities than<br />
D~ll~o) is o~dly lacking.<br />
n-...:t .... :--.c!'l t-1 ..: :.:orcign pr\::::;::; y_·~~ ~bo ut to report that<br />
Cr.l~o j"..:::t!co !._~ t.~o ~·.!::. :~ c~~c \.'.:!,.. ~1c ju:;t:icc r.1ctcd out by my<br />
::;:-n }·::.:::::!:;.::~ ju::!...;;.., our . :c•-1 Yo::::c ju:::i~:;, ou:r Chicogo juries, I<br />
c~~~c u~ ~c lau~ly oc I could, ~;at thic wac a unique, tharu< God,<br />
type of ",·.r..c:::iccn justice" pcculia :r to ric", oligarchical, festering<br />
sore 1<br />
hate mongering, Dnllas. ~nd if you till~~cl.y as you cilarged.<br />
I am sure you are familiar that ~ the law of defamation<br />
a rot~ection must be given the same breadt~ <strong>and</strong> pUblicity <strong>and</strong><br />
emphasis as the origina;!. chaJ;gc. Particularly since you are going<br />
on tho Federal Bench, sir, r s uggest to you that it is incumbent<br />
that .,.,e discuss this Ruby case publicly, your charge of breach of<br />
ethics by me because of my exorcise of freedom of speech, <strong>and</strong> my ·<br />
cha:rge against yo~, of your·breach of ethics because of your condemning<br />
rne publicly when you took unfair advantage as speaking for<br />
an o:rganization <strong>and</strong> \-Then you ·del~ratoly withheld that you <strong>and</strong> I<br />
have adversa~J interests.<br />
· . You certainly must r.n~·~ the chi=ll:'J§S ~gainst tllG American<br />
Bar Association, that it is a rich man's club run by insurance<br />
companies <strong>and</strong> insurance companies' lawyers, that it does not repro-<br />
·. i<br />
!
<strong>Records</strong> of the Jolm F. Kermedy Assassination Collection: Key Persons Files<br />
____.___ - --·<br />
J<br />
·~<br />
llr,. walter E. craig, continued<br />
23<br />
sent the individual practitioner, that it does not st<strong>and</strong> for<br />
justiciable c auses. that it has a h~story of Jim crowism,<br />
Ioic!
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
\<br />
i<br />
·I<br />
I<br />
I<br />
I.<br />
J.<br />
I<br />
I<br />
Mr. 'l'lalter E. craig, continued<br />
.· I<br />
a nation of sheep fo'l:lowe;r-s.,.<br />
And he~G<br />
And another:<br />
r.,,<br />
"Your determination to continue to seek justice<br />
. ;!.11 the courts <strong>and</strong> not l:>e frighteneCl by judges,<br />
district attorneys <strong>and</strong> insurance attorneys is<br />
most corn.'l1endable. (signed)"<br />
is another:<br />
"In durkest r. frica you '·muld not try a man' s<br />
life at 12 at night. Ho, 0nly in D3llas, Texas.<br />
HCI:l long will it l:>e before anyone investigat-es<br />
thi::: mock 'erial, The nmerican Bar Association<br />
only defends the idoas <strong>and</strong> people they concur<br />
,.lith. Justice has tallith the suc:;gcstion of 1-ir. Belli<br />
that you <strong>and</strong> your associates investigate ~~e<br />
substances of the charges that !'lr. Belli made<br />
\dth rcspGct to· the Ruby cc.se rather than make<br />
an invest:f.gntion of Nr. Belli himself,<br />
"Your otudy of history ml.lst hav~ taught you<br />
thut Engl
<strong>Records</strong> of the John F. Kennedy Assassination Co llection: Key Persons Files<br />
.. -- .....<br />
0<br />
o ....<br />
~<br />
..o....<br />
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Nr. walter E . c raig, continuoo<br />
25<br />
had been forevermore suppressed.<br />
"It seems to me that you should do somethingto<br />
the writer John nainbridge for writing a<br />
boo~~ in 111hich nc called Dallas "a city of<br />
murder", rather .than just single out Mr. Belli<br />
ao
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
16J \<br />
Hr .• waltcr .E. craig, continued<br />
26<br />
/ .•<br />
for you ag'ain ex parte to castigate me <strong>and</strong> my principles <strong>and</strong><br />
the lawyers <strong>and</strong> causes l st<strong>and</strong> for~ N0t·1 you • 11 havG to kiclt<br />
me out <strong>and</strong> do it publicly <strong>and</strong> openly <strong>and</strong> ·maybe we'll have a<br />
public dcbgtc <strong>and</strong> noto_riety about 'sor.~c of these criticisms . ·<br />
of level 1 ~'t the American .Bar <strong>and</strong> you·t ~ybc '~e will all learn<br />
wi:lat really haPJ?
I<br />
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
JLR:HRI:al<br />
5/4/64<br />
MAY 5 1964<br />
rtr-. J;:,o R. ~<br />
1'owh1ll~<br />
Jc:s.JI(lr,. '1\:x.ao<br />
I!llta<br />
• ~llt<br />
On frl~, .e._pril ~, 1981-, ~<strong>and</strong> "1 GJ,lOko by tolcpbono<br />
~~ ~t:. b7 tl'b1.ell Wo cwmwoc 111t;;ht ta.!'.e tho<br />
te~ ot lJOV clleat~ Je.clt L. 1-NbT ..<br />
Sin::lG ~ co;mnol:lat.ion I h.uYe beea intoro::d thrt ~<br />
~ for a nov triGl ht!il been ~ . Ill Atp:lm<br />
t~U!\3 czq ~~ ot yow clic::Jt t:nUl t!Us EO'tt.ar 11t ~IJlJlvca.<br />
'1'1» ca::nien~.n o~ m to vrit:~ y.m cc.:te.ll'll11\s tllia nntter end colleit.<br />
your V.1a".l:) a.:s t-.) ~4" 01" 30t. ~ cl.illnt h t1ll. CG~O e$1 ~<br />
to ~$,iOM to ~Uoc \r,r t.h1o C
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
II -I<br />
I<br />
Jun 1, 1964<br />
To: J. Lee ankin, Q n r 1 Couns 1<br />
From:<br />
ub.ject:<br />
L on H. Hub rt<br />
v"<br />
eon, Attorn y<br />
1. Durlc on<br />
op1n1on '<br />
1V<br />
2. While Burl<br />
would alee nn obj ct1on 1f<br />
take the tea t1mony o~ Ruby,<br />
do so.<br />
3. In view or th bove d o~ the la t letter fro<br />
Ton hill, I augc t t t l tt r be written to<br />
Tonah1ll mru
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
II- I
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
J/- 1<br />
Mr. Joe H. Tonahill<br />
Tonahill Bullding<br />
Jasper, Texas<br />
1 6<br />
Dear Mr. Tonahill:<br />
'This refers to your recent reque t that you be furnished<br />
for purpo es of your ap~l in the Jack uby se the state·<br />
ments taken by the ederal Bur au of Investigation from<br />
Dallas police officers Archer, Me llllan, Leavelle, King<br />
<strong>and</strong> Dean. I have ascertained that the FBI did not take signed<br />
statements from these officers althou h they were interviewed<br />
<strong>and</strong> 1·eports of the interviews were contained ln the reports,<br />
brief summaries of which were made available to you prior<br />
to the trial of the Ruby case.<br />
As you know, this Department has cooperated with you<br />
in this matter far beyond the normal pr ctice in state cases.<br />
I believ , however, that at thia time aft r the conclusion of<br />
the trial it would not be proper for me to uthorize the furnishing<br />
to you of any interview reports. By furnishin you<br />
summaries of interviews conducted by the FBI prior to tri· 1<br />
it was our int ntion to make it esible for you to call as<br />
witnesses, if you o desired, any persons who had been<br />
interviewed by the Federal Government.<br />
Sincerely,<br />
Herbert J. iller, Jr.<br />
As istant Attorney Gen ral
<strong>Records</strong> of the Jolm F. Kermedy Assassination Collection: Key Persons Files<br />
Co=ission No. / '-)t; ::J b<br />
UNITED STATES DEPARTMENT OF JUSTICE<br />
FEDERAL BUREAU OF INVESTIGATION<br />
Ruby. Jack //-/<br />
Iu R(ply, Please Refer to<br />
FileNo.<br />
Eouston, Texas<br />
August 21~, 1964<br />
~ <strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
RE:<br />
JACK L, RUbY<br />
On August 21, 1964, Y2r. ;roe Golden, lay..r associate of<br />
,Joe H. Tonahi.ll, ,Jasper, :· .....::., IW.vised that Joe H. Tonahill<br />
was on vacatj on ar ..:i r,a would atterr:pt- to locate him <strong>and</strong> have<br />
him contac1; the Houston Office of the Federal Bureau of .Investigation.<br />
On August. 21, 1964_, Mr. Tonahill telephonically<br />
contacted Special 1\.Q;ent: Graham W. Kj -cchel. When requested for<br />
an appointment to 1r.t.erv:l.ew him, •.rr. 'TonahJ..ll i-las advised tne<br />
purpose of the int ~rvie~'l' was to quest._on him concerning how<br />
the transcript of the intervie\'1' of Jack . .L. Ruby came into the<br />
possession of Columrlist Dorothy Kilgallen.<br />
Mr. Tonahill. advu;ed that it t·wuld not be necessary<br />
in his opinion to interview him ~n person regarding this matter<br />
<strong>and</strong> declined to advi.:::e hJ.s loca"~on. He s-eated he was vacationing<br />
with hi;; fa.m:i.ly or. a lake ~n Texas <strong>and</strong> \-ect th8.t he uas present during the<br />
lnterview of Jack .L• .?uby as Ru·oy' 3 cou:n.sel. He stated he<br />
took very few notes but wa..:; accordect a copy of the transcript<br />
of the. interv1.ew by ,!.... ee Ra.'1..1tin when it was prepared. He<br />
stated he has maintJ. n0c. thi.s copy o:f the transcript locked<br />
in his desk in h:f :> off:! ce, a.r .. c. tlldt; employees of his offi.ce<br />
have not seen it ru: 'i do not kno\,. ;:hat he has such. He stated<br />
he does not know ho~.,; a copy of t.he transcript of the interview<br />
came in"Lo the possessJ..on of .Coro"thy Kilgallen, but knows he<br />
had no part in making the t~
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
_j<br />
I I<br />
acrcr it indrcatcd by the<br />
proper symbol.<br />
BUC587 A8~44 082 19<br />
0 cFC5 11 LONG DL PO 4 ~AN FRANCicco CALIF 4 11 21A PDT<br />
HON EAR L WARREN , WARREN COMM I S~ION<br />
\·TASHOC<br />
DOROTHY KIL GALL EN STORY TODAY THAT JACK RU3Y MET WE I SMAN AND<br />
TIPPET PLUS CON~P I RAT ORIA L OVERTONEr UTTER LY FA LcE RO T RID I CU LOUS<br />
DEFAMATORY TO RU3Y PRE JUDIC I AL TO A~ER I CAN IMAGE HERE AND ABROAD<br />
THAT THERE WAS CONcPI RACY TO ASSASINATE PRES I DEN T AMERICAN<br />
PEOPLE NOT TO LD ABOUT. SUC H LEAKED -TORIES GROSSLY PRE J UD I CIA L<br />
DIGNI TY OBJE CTIVITY YOUR COMMISSION REPORT AMERI CA PRE STI GE<br />
HERE ABROAD AND WHAT I AM MOST CONCERNED WI TH JACK RU BY APPE AL.<br />
RESPECTFU LLY AND EARNESTLY UR GE RESPONSIB LE COMMI SSI ON RE SPONSE<br />
AND DENIAL<br />
!1E LVI N M BE LLI<br />
(28).<br />
CLASS OF SERVICE<br />
This Is a (:~.u mcu3i;C<br />
unlcu Irs deferred char•<br />
actcr 1$ ind•c:atcd b y ~he:<br />
prop
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
SAN FRANCISCO, CALIFORNIA 94111<br />
Jroll(,lo(Q0[415 • HIKONH849<br />
Tltn nlllli Bllilding. 122 ~ONTGQioi[RY SJRE:£1<br />
r.I[LVINioiBllll<br />
LOU A!f1E<br />
RICHARD F. GER~Y<br />
S[~HOUR L.HLISON<br />
~:~;~,RM~:~~OhEH<br />
~ ASILIOS B. CHOU LOS<br />
DAVID M . .. ~GAIItT<br />
fREDE:RI O lri.CO"C<br />
Lnw Officeg j} - /<br />
Belli, ;\ she am:J Herru<br />
Rnnm, lln1!.J<br />
CABLE ''BE LEA''<br />
'l'nHgn' riBJIRn<br />
LOS ANGELES, CALIFORNIA 90048<br />
AREA CODE ~I) OLEANO£A t-3622<br />
6505WII..Siiiii[~(\'AIHl,SUITEJ6<br />
M[l ... INM,6(lll<br />
LOU AS liE<br />
IIICHAROF.GE:RRT<br />
SHJ.IOUR L.£lLISON<br />
SAMUELS AIIOOY<br />
SAUL GRAYSON<br />
ALVINBGIIEEN<br />
ARCI!EII ZAMLOCii<br />
San Francisco - July 1, 1964<br />
Or COUNS~L<br />
DANNY ~ JONES<br />
SEYioiOLIR M, L,t,ZAR<br />
Air Mail<br />
SAN DIEGO, CALIFORNIA 92101<br />
AII!:ACOD£714 B(lN0Nl9·217S<br />
EiJOSANOIEGOJRUST&SJ
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
B:elli.Ash:e anrl Br:J'J'!l<br />
The Warren Commission<br />
July 1, 1964<br />
Page Two<br />
I think I learned considerable about Oswald <strong>and</strong> Jack Ruby <strong>and</strong> the events<br />
of the assassination when I defended the unfortunate Jack Ruby, who incidentally,<br />
in my mind, is a confirmed psychotic. Jack Ruby's trip to<br />
Cuba <strong>and</strong> the other "ominous" events were as innocent as his other mundane<br />
activities <strong>and</strong> free from sinister or conspiratorial purport. I asked<br />
Judge Brown <strong>and</strong> District Attorney Wade to join with me in an in-court or<br />
out-of-court statement that there was no evidence of "conspiracy" by Ruby<br />
or Oswald. This would not have hurt the State's case or helped the defense<br />
case, but it would have helped the image of America abroad <strong>and</strong>, indeed,<br />
even in my own country.<br />
Because I have seen the damage done to our country, both here <strong>and</strong> abroad,<br />
by those who say that facts are withheld from the people in our democracy,<br />
I add my single voice, for what it may be worth, that from everything I<br />
saw <strong>and</strong> heard during the Ruby trial, there was not one iota of evidence<br />
that Jack Ruby knew Oswald, that he acted in concert with Oswald or with<br />
anyone else, or that Oswald was part of a conspiracy. Indeed, I saw<br />
nothing to indicate other than Oswald acted as a sick man <strong>and</strong> Ruby did the<br />
same, two lone aberrant individuals. The tragedy was, as has happened<br />
so many times in murders in this country, that Oswald's crime was prognosed,<br />
we should have known that someday he would kill someone in ' 'high<br />
authority." As far as Ruby goes, it is always the "village character" or<br />
"village clown" who is enjoyed <strong>and</strong> tolerated until his brittle personality<br />
snaps <strong>and</strong> he does exactly what should have been prognosed,<br />
I spoke out that the Ruby trial was a "kangeroo" court partly because of<br />
the insiduous rumors allowed to ooze to the press from the daily proceedings.<br />
I saw the foreign press daily <strong>and</strong> gleefully build the calumnies<br />
against America that here, in this trial, where the people are entitled to<br />
know in a democracy the "true facts, 11 not only of the Ruby case, but of<br />
the Oswald case, there was something in some sinister manner being<br />
kept from the people was the damaging defamation to our institutions.<br />
I see by today's paper that Mark Lane has been invited to speak before<br />
the Warren Commission. I respectfully urge that the Commission rebut<br />
the statements Mr. Lane has been making in this country <strong>and</strong> in his "lecture<br />
tour" abroad, no matter how well motivated he may be, that 1) there<br />
was some conspiracy, Ruby <strong>and</strong> Oswald <strong>and</strong> some foreign government,<br />
2) that we, the people, in this democracy are denied facts, 3) that there<br />
is some "hidden government" that keeps "facts" from the papers <strong>and</strong> from<br />
the people,
The Warren Commission<br />
July 1, 1964<br />
Page Three<br />
The fact that men of the caliber of those selected for the Warren Commission<br />
are the ultimate investigators for the people in this country<br />
should be comfort to those of us who do know of the greatness of our<br />
democracy <strong>and</strong> the sovereignty of we, the people.<br />
MMB:ew<br />
Yours r
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
REC [ !Vt_ o<br />
Jut 6 10 os ~H '6~<br />
C~ A M B E RS (J f THE<br />
HIEF JUSTICE<br />
.:
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
OF:i"ICB o~· THE OlHt::C'fOR<br />
... t . P:::.<br />
UNITED STATES DEPARTMENT OF JUSTICE<br />
FEDERAL BUREAU OF INVESTIGATION<br />
/<br />
WASniNCTCH
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
~s12:~<br />
r;)2/Gv
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
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TO~ .1 R2 R3 R4 R5 R6 R7 RS R9 RIO<br />
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D NOTE AND RETURN<br />
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0 FUll REPORT D PER TELEPHONE CONVERSATION 0<br />
0 ~~J~6~ 0 tR"~~~~-'-----------<br />
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<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
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TTA<br />
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Perso ns Files
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,._.,------<br />
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
I<br />
i ~ ~',!~1<br />
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Commission No. 1 /l.o / h<br />
1ubf 1<br />
;raok//--1?<br />
F. W. BARTLETT, JR .<br />
.JUOGE PROBATE COURT<br />
RCCDR08 •UILOINO<br />
DALLAS 2, TEXAS<br />
July 30, 1964<br />
Mr. Sol A. Dann<br />
Dann, Rosenbaum, Bloom <strong>and</strong> Kaufman<br />
Attorneys at Law<br />
1820 David Scott Building<br />
Detroit, Michigan<br />
Re: Jack Ruby, No. 59938<br />
Dear Mr. Dann:<br />
This will acknowledge your letter of the 28th instant relating<br />
to the above matter. I have now verified that Mr. Clayton<br />
Fowler has withdrawn as attorney of record in this proceeding<br />
pending in this ·court; this will leave the proceeding<br />
pending without any attorney of record listed. If you<br />
are to represent sam Ruby, the applicant, it will be necessary<br />
that you associate local counsel to actively participate<br />
in the matter if I am correct in my underst<strong>and</strong>ing that<br />
you are not licensed to practice law in the State of Texas.<br />
/'<br />
If <strong>and</strong> when the applicant secures new counsel <strong>and</strong> a hearing<br />
is requested on the application, I will at that time prrange<br />
for a setting of the matter <strong>and</strong> I will, therefore, cancel the<br />
setting for August 6, 1964 <strong>and</strong> continue the matter for the<br />
time being. If new counsel does enter the case <strong>and</strong> pursue the<br />
matter within a reasonable time, I may consider dismissing<br />
the application for the want of prosecution; however, this I<br />
will not do in the immediate future.<br />
If this application is to be pursued, a time for hearing will<br />
involve consideration of the condition of the court's docket<br />
·<strong>and</strong> to permit time for an attorney <strong>and</strong>/or guardian ad litem<br />
'·
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
-----<br />
Mr. Sol A. Dann<br />
-2-<br />
to be appointed <strong>and</strong> prepare for trial of the matter; every<br />
possible consideration will be given to accomodate the convenience<br />
of counsel representing the various parties interested<br />
in this matter.<br />
Because of the past uncertainty with respect to who will<br />
serve as counsel for the applicant in this matter <strong>and</strong> the<br />
coincidental uncertainty as to whether the application will<br />
be prosecuted, I have intentionally deferred appointing an<br />
ad litem to represent Jack Ruby. I have decided to appoint<br />
Mr. Douglas E. Bergman, an attorney of this city, as attorney<br />
<strong>and</strong>/or guardian ad litem for Jack Ruby <strong>and</strong> he has agreed<br />
to serve in such qapacity; I will defer making a formal appointment<br />
for the time being, but you may wish to communicate<br />
with him with relation to the matter; his address is<br />
shown below •<br />
. I trust that this will adequately answer your letter • .<br />
I'<br />
.FWBJr:gh<br />
cc:<br />
Mr. Clayton Fowler<br />
Attorney at Law<br />
706 Main Street<br />
·Dallas, Texas<br />
cc: Mr • Henry Wade<br />
District Attorney<br />
<strong>Records</strong> Building<br />
Dallas, Texas<br />
cc: Mr. Douglas E. Bergma~<br />
Attorney at Law<br />
Mercantile Bank Building<br />
Dallas, Texas<br />
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<strong>Records</strong> of the John F. Kennedy Assassination Co llection: Key Persons Files<br />
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l£TTER TElEG RAM I<br />
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PHIL BURLESON<br />
2420 TV TOHER<br />
DALLAS , TEXAS<br />
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August 4, 1964<br />
DEAR PHIL JUST ThTFORMED IN NEW YORK OF YOUR LETTER JULY 31st AND<br />
MUST REPUDIATE APPEARANCE OF ANY NAMES AS ATTORNEYS ON ANY PAPERS<br />
FILED OR TO BE FILED RE JACK RUBY EXCEPT YOUR OHN ONLY AND MYSELF<br />
AS OF COUNSEL, AS PER PREVIOUS REQUESTS AND INSTRUCTIONS OF RUBY<br />
FAMILY AND MYSELF. THEREFORE, PROTECT RECORD ACCORDINGLY . - . .<br />
Sent from<br />
Americana Hotel<br />
New -York City.<br />
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SOL A. DANN<br />
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<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Fi les<br />
Commission No.<br />
/ Jf O / f<br />
August 10, 1964<br />
Mr. Phil Burleson<br />
Abney & Burleson<br />
Attorneys-at-law<br />
2420 LTV Tower<br />
Dallas, Texas<br />
Re: Jacl< Ruby<br />
Dear Mr. Burleson:<br />
I returned to my office today for the first time in over a<br />
week <strong>and</strong> was unable to underst<strong>and</strong> why I have not as yet received<br />
"Bill of Exceptions No. 14 & 15". I trust you will<br />
send them immediately upon receipt of this letter.<br />
. !<br />
I should probably wait until I receive the completed Formal<br />
Bills of Exception before making any criticisms. However,<br />
there is a matter of such a serious nature involving both<br />
Messrs. Tonahill & Fowler that must not be overlool
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
- ~:!~~ ~<br />
-2-<br />
<strong>and</strong> Memor<strong>and</strong>um Brief which I left with you for filing on July 22,<br />
1964. I especially refer you to item 42B on page 13 wherein I<br />
raise as one of the items to be specified in the Formal Bills of<br />
Exception the<br />
"conflict of interest in B & T Corporation <strong>and</strong> movie<br />
<strong>and</strong> story rights, <strong>and</strong> misconduct of Ruby's counsel<br />
Belli & Tonahill <strong>and</strong> their failure .. to concentrate all<br />
of their best efforts in behalf of Jack Ruby <strong>and</strong><br />
their failure to. properly represent <strong>and</strong> protect" him;"<br />
Anything which you omitted to state in reference thereto or which<br />
you stated in your Formal Bj.ll of Exceptions to the contrary,<br />
notwithst<strong>and</strong>ing.<br />
In addition thereto, the foregoing has been further aggravated by<br />
the more recent misconduct of Messrs. Tonahill & Fowler in reference<br />
to the appeal. We expect to make an issue of all of their<br />
actions before the appropriate tribunals.<br />
Both Messrs. Tonahill & Fowler have been discharged <strong>and</strong> as far as<br />
they are concerned this " ~i;*pj tua; ion is cleared up." Since, as<br />
you say in the 2nd paragraph ~ o~ your letter of July 31st, you are<br />
"willing to abide by the wishes <strong>and</strong> desires of those making the<br />
decisions", I would appreciate your abiding by !!!l_ clear <strong>and</strong> expressed<br />
decisions in this respect.<br />
..<br />
I notice there is no affidavit in support of #10 <strong>and</strong> I do not have ·<br />
the copies you refer to in #12. Please send these to me.<br />
Phil, when I left Dallas <strong>and</strong> the last time I talked to you, I<br />
thought we had a clear undeyst<strong>and</strong>ing that the two of us could work<br />
together on a respectful bas is. However, you~letter of July 31<br />
has greatly disturbed me. I await your reassurance. • ·<br />
I trust that in the future there will be no repetition of that which<br />
made this letter necessary <strong>and</strong>· that the ~ of us work together<br />
in harmony in the future.<br />
cc:<br />
Mr. Earl Ruby<br />
. '
t"'------<br />
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
J<br />
SOL A. OANN<br />
FRANK. ROSENBAUM<br />
LESLIE 0. BLOOM<br />
BERNARD L ~AUF"MAN<br />
F"REO TURNC.R<br />
WI L LIAM APPE L<br />
CHARLES P NAT HANSON<br />
IRVING .JA F"F"E E<br />
LAW OFFICES<br />
- Commission No . j J../-O 1<br />
DANN , ROSENBAUM , BLOOM & KAUFMAN<br />
IS20 DAVID STOTT BUILD IN G<br />
DETRO IT, M I CHIGAN 48.226<br />
Augul'( t 11\, 1964<br />
j<br />
~. J'aolf / j-/<br />
W OO DWARD 1 ~ 10 0 3<br />
H E N RY A. ~ROL I<br />
K<br />
Mr. J. Lee Rankin, General Counsel<br />
President 1 s Cmmnission on t:he Assassination of Pres. Kennedy<br />
200 Maryl<strong>and</strong> Ave. N.E.<br />
Washington, D.C. 20002<br />
Dear Mr. Rankin:<br />
Re: Jack Ruby \<br />
Enclosed is a copy of a Compla int (Exhibit L) I filed against<br />
Joe Tonahill with the Amer i can Trial Lawyers Association (NACCA)<br />
on August 5, 1964, requesting his expulsion from the Association<br />
because of his personal att ack upon me as set forth in paragraph<br />
6 thereof . '.AA'r/- S ~,., 1 rt c<br />
As set forth in paragraph 11, there are additional serious instance s<br />
of misconduct he made in the trial <strong>and</strong> proceedings that I may include<br />
either before this As sociation or before the Texas Bar Assn.<br />
because of his interference wfth the proper <strong>and</strong> orderly presentation<br />
of this case on appeal, a s referred to i.n the telegram dated J u l y ·<br />
25, 1964. (Exhibit 2).<br />
I am strongly of the opinion that Joe Tonahill <strong>and</strong> Melvi n Belli<br />
failed <strong>and</strong> neglected to properly discharge their duties <strong>and</strong> obligations<br />
both in t he trial of this case as well as since then , as<br />
pointed out in the Memor<strong>and</strong>um Brief I previousl y sent you .<br />
I therefore underst<strong>and</strong> that it was necessary to assign this as one<br />
of the er rors to the Court of'Appeals by way of one of the Formal<br />
Bill of Exceptions . However, I recently received 13 Formal Bill of<br />
Exceptions from Mr. Burleson with a covering letter dated July 31 ,<br />
1964 (Exhibit 3) completely disregarding my instructions in thi s<br />
<strong>and</strong> many other respects .<br />
The Forma l Bill of Exceptions that was filed 1/2 hour before the<br />
90-day deadline was incomplete. Mr. Burleson omitted reference to<br />
many of the areas of errors referred to in Exhibit 4, which is entitled:<br />
"Defendant 1 s Formal Bill of Exceptions, Statements , Affidavits<br />
& Authorities in Support Thereof. Petit ion t o Ext end Time to<br />
File Suppl~mental & Amended Formal Bill of Exceptions." I could not
<strong>Records</strong> of the John F. Kem1edy Assassination Co llection: Key Persons Files<br />
-2-<br />
expect Joe Tonahill to remain in this case <strong>and</strong> criticize<br />
himself or Mr . Belli.<br />
When I learned on July 21st that there was only 7 days left<br />
of the 90 - day period within which to prepare Formal Bill of<br />
Exceptions <strong>and</strong> that practically nothing was done to protect<br />
the record on appeal in this respect, I arranged with a fellow<br />
attorney, George Woods, to go to Texas the following day <strong>and</strong><br />
help in the appeal because he is a specialist in these areas .<br />
Before leaving Detroit I prepared Exhibit 4 which I requested<br />
Mr. Burleson to file in the event he was unable t o prepare <strong>and</strong><br />
complete proper Formal Bills of Exception by July 28th.<br />
However, upon arrLvLng in Texas with George Woods I met with<br />
the situation described in Exhibit 1.<br />
When I learned of Mr. Burleson's letter of July 31st (Exhibit 3)<br />
I notified him from New York by telegram as per Exhibit 5 <strong>and</strong> then<br />
upon my return to Detroit I sent him a letter dated August 10,<br />
1964 (Exhibit 6) criticizing his failure <strong>and</strong> refusal to abide by<br />
my instructions <strong>and</strong> decisions. Also, because the Formal Bills of<br />
Exception that were filed attempt to protect Tonahill & Bell i<br />
against any charge of conflict of interest or misc onduc t .<br />
It was previously understood <strong>and</strong> agreed that their misc onduc t <strong>and</strong><br />
failure to fully protect the rights of Jack Ruby would be one of t he<br />
errors assigned before the Court of Appeals . I can therefore appreciate<br />
Mr. Burleson's difficulty in making such a charge <strong>and</strong> at<br />
the same time working with him on the appeal <strong>and</strong> inc luding his name<br />
as one of the attorneys .<br />
You previously requested me to send you any additional information<br />
I might have regarding Mr. Ruby's mental condition . Please note<br />
that attached to Exhibit 4 are statements of Drs . Tanay, Louis West ,<br />
Beavers & Stubblefield, together with a copy of the Applica t i on for<br />
Permanent Letters of Guardianship that are att ached thereto <strong>and</strong><br />
marked as Exhibit 5 therein.<br />
I am also attaching a c opy of an article that recently appeared<br />
in the Dallas News as a result of an interview between Dr . Tanay<br />
<strong>and</strong> Jack Ruby , marked Exh i bit 7, plus a letter I recently rece ived<br />
'
<strong>Records</strong> of the John F. Kem1edy Assassination Collection: Key Persons Files<br />
-3-<br />
from Judge Bartlett of the Probate Court wherein it appears<br />
that the District Attorney is being recognized as a party<br />
of interest in this Probate civil proceeding (Exhibit 8) .<br />
I am sending you all of t hese documents because I am utterly<br />
confused by the way these matters are 'oeing h<strong>and</strong>led by the<br />
attorneys <strong>and</strong> courts in Texas. Perhaps an examination thereof<br />
may shed light on some of the aspects ~f your investigation.<br />
We are making every effort to engage other attorneys to correct<br />
the many mistakes that have been made thus far <strong>and</strong> to properly<br />
h<strong>and</strong>le this matter on appeal. This change of counsel may expose<br />
us to further embarrassment before the public but it cannot be<br />
avoided in view of the foregoing. Our difficulty is in finding<br />
a lawyer in Dallas completely free of .the influence of the D.A.'s<br />
office.<br />
8 Enclosures
1""',.. _____ _<br />
<strong>Records</strong> of the John F. Kem1edy Assassination Collection: Key Persons Fil es<br />
Commission No. / tfo / ,,__<br />
Cx . 1.<br />
SOL A. O A N N<br />
F"RANK ROSENBAU M<br />
t..ESLI E 0. eL.OO M<br />
EIEA.NAR O L . K" U ,. MAN<br />
rRt:O TU AN ER.<br />
WI L LIAM A PPE L<br />
CHARLES P NATI--4ANSO N<br />
IRVI NG .JArrEE<br />
H C N RY A KROLU~<br />
L A W OFF I C E S<br />
DANN,ROSENaAUM,SLOOM & KAUFMAN<br />
1620 DAVID S T OTT BU I L O i "' G<br />
CETROI T, M ICHIGAN 48226<br />
August 5, 1964<br />
WOOOWAI"'O 1•1003<br />
Mr. Jacob D. Fuchsberg, Esq.<br />
Arr.erican Trial Lavryers Association (NACCA)<br />
C/o Americana Hotel<br />
7th Avenue & 52nd Street<br />
New York, NeH York<br />
Dear Mr. Fuchsberg:<br />
Re: Sol A. Dann vs . Joe .Tonahill<br />
Enclosed please find the complaint in the matter of Sol A.<br />
Dann vs. Joe Tonahill Hhich I respectfully request be submitted<br />
immediately to a meeting of the Board of Governors<br />
noH assembled at the Americana Hotel in convention.<br />
The urgency of this matter <strong>and</strong> the serious effect that i t s<br />
public exposure could have on the good name of the NACCA Bar<br />
Association compels me to request that you give the enc l osed<br />
petition your immediate <strong>and</strong> most careful attention .<br />
I have accommodations at the Americana Hotel <strong>and</strong> Iam holding<br />
myself in readiness' t o c onfer with you <strong>and</strong> the Board of<br />
Gover nors at your earl iest conveni ence .<br />
SAD ;ga<br />
er~~/<br />
.•<br />
. ~r-IO'C~<br />
So l A. 'Dann ~· _<br />
Encs .<br />
cc: Verne LaHYer<br />
(<br />
\
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
TO:<br />
AMERICAN TRIAL LMNERS ASSOCIATION (NACCA)<br />
AHERICAN TRIAL U.vNERS ASSOCI."'.TION (N..~CCA)<br />
SOL A. DANN, . )<br />
Complainant<br />
)<br />
-v-<br />
)<br />
JOE TONAHILL<br />
Respondent<br />
)<br />
New comes Sol A. Dann, complainant, a member of<br />
the NACCA Bar Association, <strong>and</strong> makes complalnt against Joe Tonahill,<br />
also a m~mber<br />
of the NACCA Bar Association, for misconduct <strong>and</strong> conduct<br />
unbecoming a member of this Association <strong>and</strong> represents to this Association ,<br />
as follows: <<br />
1) That complainant has been a member in good st<strong>and</strong>ing<br />
of this Association for a number of years last past.<br />
2) That in about May, 1964, complainant was retained·<br />
by Jack Ruby <strong>and</strong> the Ruby fan.ily as their attorney <strong>and</strong> legal adviser<br />
on account of certain criminal proceedings then pending in Dallas,<br />
Texas against Jack Ruby, wherein Joe Tonahi.ll of Jasper; Texas was<br />
active as one of the attorneys for Jack Ruby.<br />
3) TI1at complainant, Sol A. Dann, upon being retained<br />
was given full authority to retain or dischar·ge any attorneys . then<br />
: ! •<br />
representing Jack Ruby or the Ruby family, or may thereafter appear<br />
to him necessary for the best interests of Jack Ruby <strong>and</strong> the Ruby family.<br />
This underst<strong>and</strong>ing was clearly conveyed at that time 'to Joe Tonahi11.<br />
-1~
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
J<br />
.l.< t( J . J '<br />
O I.J •.J ll' t<br />
·~==~·--- ·<br />
4) ?nat thereafter complainant communicated <strong>and</strong><br />
conferred with Joe Tonahill on several occasions <strong>and</strong> ~vhen<br />
it<br />
appeared necessary <strong>and</strong> advisable to complainant to discharge Joe<br />
Tonahill, the said Joe Tonahill was discharged both by complainant<br />
<strong>and</strong> by a telegram from Earl Ruby, brother of Jack Ruby, dated July<br />
21, 1964 on behalf of himself <strong>and</strong> the Ruby family <strong>and</strong> Jack Ruby.<br />
5) That complainant <strong>and</strong> one George Hoods, a fellow<br />
member of the Michigan Bar, arrived at the Dallas, Texas law offices<br />
of one Phil Burleson about 7:00p.m.,, July 22, 1964 <strong>and</strong> immediately<br />
began to confer with tr.c said Phil Burleson <strong>and</strong> Emmit Colvin concern- .-<br />
ing certain .legal matters.<br />
6) That a conference was being held in an orderly,<br />
·I I<br />
dignified manner t>7hen suddenly <strong>and</strong> without previous notice, the said<br />
Joe Tonahill entered the library of the offices of Phil Burleson<br />
where the conference was taking place <strong>and</strong> without any introduction<br />
or further discussion began to berate, insult <strong>and</strong> thr ~aten<br />
your<br />
petitioner with the following language:<br />
"This is a Sol A. D'ann expose •.• He are in Texas now <strong>and</strong><br />
you better listen ••• You Yid carpetbagger <strong>and</strong> interloper ••• Yiddish<br />
system of Sol Dann ••• A Yiddish program--we will move you out •.•• You<br />
white nigger ••• Texas · is an unhealthy climate for a Je~v •• • You .typical<br />
kike ••• Better get out of Texas if you want to stay healthy ••• You<br />
won't stay alive until tomorrow if you don~'t<br />
get out of Texas tonight •••<br />
-2-:
<strong>Records</strong> of the John F. Kem1edy Assassination Collection: Key Persons Files<br />
We called you a God-damned liar --why don 1 t you fight back?<br />
Are you afraid to fight? ••• You 1 re nothing but a God-damned<br />
Jew-bastard ••• "<br />
7) That t he ~ id George Woods was present in part while<br />
the foregoing defamatory la~guage<br />
set forth in paragraph 6 was<br />
expressed by respondent.<br />
8) That the assault upon complainant was interrupted<br />
only qecause of the appearance of representatives of the press<br />
<strong>and</strong> television.<br />
.-<br />
9) That petitioner has reason to believe <strong>and</strong> does believe<br />
that but for said interruption, Joe Tonahill would have carried out<br />
his threats to physically attack your petitioner.<br />
10) That the. said Joe Tonahill has thus far failed <strong>and</strong><br />
refused to give any explanation for his misconduct although due <strong>and</strong><br />
timely request was made therefor: •.<br />
11) That there .are additional serious instances of misconduct<br />
which warrant the closest scrutiny by the ATLA Board of<br />
Governors which your complainant reserves the right to raise through<br />
. I I<br />
I<br />
I<br />
i<br />
I<br />
the amendment of this complaint or other appropriate procedures.<br />
Therefore, complainant brings this matter to the attention<br />
of this Association in order that this Association take the appropriate<br />
'·<br />
-3-<br />
• L
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action necessary to properly discipline the saiq Joe<br />
Tonahill by way of expulsion from this Association <strong>and</strong><br />
otherwise because the matters involved herein caus-ed not<br />
only your petitioner to suffer therefrom, but could bring<br />
disgrace to this Association unless this Association takes<br />
cognizance of <strong>and</strong> jurisdiction over this matter.<br />
Therefore your petitioner respectfully requests<br />
that a meeting of the Board of Governors of this body be<br />
immediately convened to consider <strong>and</strong> act upon the matters<br />
f<br />
set forth in this complaint.<br />
State of New York<br />
County of New York<br />
)<br />
) ss<br />
.f.J<br />
- \~1r/ a . ~~<br />
Sol A~::~--~<br />
,.,. .. ~,/<br />
Sworn to before me this<br />
5th day of August, 1964.<br />
S /d Ann Jone s<br />
Notary Public, State .of New York<br />
No. 41-7108995 Qual. in Queens County<br />
Cert. Filed in New York County<br />
Commission expires March 30, 1966
11, t··...<br />
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<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Fi les<br />
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. !I ····~ · :::.·. u 'is NoT· ~~ LAWYERS t.rno ·sUFFER . JACK RUBY •s PAIN AND MENTAL A.NGtJrsH<br />
: /' · NOR WHO WILL ·BE STRAPPED TO DEATH IN 'ELECTRIC CHAIR FOR I.Av7YERS WRANGLING , .<br />
• 1 ! ; & MISTAKES, NOR TORTURED A]).TJ) CRUCIFIED miiLE LAWYERS HITH STICKY FINGERS<br />
WRANGLE AND HOLD PRESS CONFERENCES OVER WHAT · SHOULD BE DONE AND BY WHOM TO<br />
I·'' '. ·: SAVE JACK RUBY l s LIFE AND PREVENT GROSS MISCARRIAGE . OF JUSTICE •..<br />
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BECAUSE WHEN JURY v1ERE MISLED CONCERNING EPILEPSY AND HERE DRPRIVED OF<br />
VJATERIAL EVIDENCE WITHHELD BY DISTRICT .ATTORNEYS CONCERNING RUBY'S . UNSOUND<br />
. MENTAL DISTURBANCES SINCE AGE 10;<br />
! I' AND JURY DECEIVED BY PERJURED TESTIMONY CONCERNING PRE'-MEDITATION A]).TJ) DID .,<br />
' 1 , '· , NOT . HAVE THOROUGHLY EXPlAINED TO THEH NOR UNDERSTAND THAT NOT WEAPON IN ., ·. 1<br />
j ·· oNE •s HANDS, BUT EMOTIONAL MENTAL DISTURBANCEs· oR IMPu'LSEs-- IN oNE •s HEAD '·'<br />
-~ ~~ · . . THAT PULLS THE TRIGGER, DE':fE&'1INES THE MANY DIFFERENT DEGREES OF MURDER ,[<br />
'·· ... Mm DIFFERENT TYPES OF HOMICIDE AND DIFFERENT FORMS OF PUNISHMENT AS . '' .!<br />
, i ... ·.• EX~IAINED IN MY 35 PAGE MEMORANDUM BRIEF INCORPORATED HEREIN BY REFERENCE . .1<br />
·I !.. ':'. AM BEGINNING TO BELIEVE T!'IAT IF THERE HERE LESS AND FEWER lAWYERS IN THIS . ·:;<br />
t ,' : .. HORLD THERE WOULD BE MORE JUSTIC~ .AND LESS NEED FOR CHARITY. \<br />
r· THEREFORE, REQUEST YOU IMMEDIATELY TO FULLY EXPlAIN TO DALlAS PRESS , ..<br />
. .:<br />
.. ·:. Pl}BLIC AND ME WHY YOU THREATE!Ii'ED NE lAST vlED't-.'ESDAY NIG'dT IN DALlAS WITH c;,<br />
· .BdDILY HARM AND SAFETY QF . MY LIFE IN TEXAS IF I REMAThlED .THERE OR''IN ·•<br />
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<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Fi les<br />
' .<br />
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.·. : . ALSO v7HAT PROMPTED, YOU TO CALL ~ KIKE, JE\•1-BASTARD, HHITE. NIGGER; AND '.". 1 :: :; · j<br />
•. ,,;.· OTHER ANTI-SEHITIC VILE EPITHETS SIMIV..R TO THOSE RESORTED TO BY . : .. . '._ I ,1·.<br />
. f PROSECUTION AND THEIR HITNESSES DURING COURT PROCEEDINGS TO INFlAME AND . · '<br />
. ,~ __.·· ·Il\CITE HATE AND PREJUDICE OF COURT Al\'D JURYAGP.INST JA~K R~Y. . ··:·.,·, :·:.1<br />
. ALSO IMMEDIATELY EXPOSE TO PRESS AND PUBLIC . LETTER FROM ,F.B;I. AGENT •. ··~. -,-.j<br />
' '· GORDON SHANKLIN ADDRESSED TO FOHLER AND ME DATED JULY 16, 1964, AJ:.i1)<br />
f TELEGRAHS DATED 'JULY 21, 1964 FROM RUBY FAMILY DISCH.t\RGING BOTH OF YOU·<br />
l' .. ' AND MY 35 PAGE MEHORANDUM BRIEF AND MY FORMAL BILL OF EXCEPTIONS LEFT j I!<br />
·_ IN DALLAS LAST HEDNESDAY NIGHT FOR FILING ON OR BEFORE JURISDICTIONAL ·.; II<br />
::, . 90 DAY TIME ~XPIRES NEXT TUESDAY. TO AVOID LOSS OR HAIVER OF VALUABLE RIGHTS.; ,!<br />
l<br />
f . THESE DOCUHENTS ARE CONTRARY TO Al\TD ESTABLISH HOH FALSE Al';"D MISLEADING HERE -: j:<br />
! • THE ALLEGED. STATENENTS ATTRIBUTED TO YOU IN PRESS RADIO Al\'D TELEVISION. ,<br />
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t ALSO .REHIND YOU THAT RUBY FAMILY INTEND TO HOLD YOU FULLY ACCOUNTABLE . . ~ J:<br />
f· FOR ORDINARY AND PUNITIVE DA!·oi
<strong>Records</strong> of the John F. Ketmedy Assassination Co llection: Key Persons Files<br />
Commission No. j fo / C--<br />
ABNEY & BURLESON<br />
ATTORNEYS AND COUNSELORS AT LAW<br />
242:0 LTV TQWE:R<br />
D ALLAS, TEXAS 7S201<br />
fRED S. "" FI'NEY<br />
PHil.. BlJRI..tSON<br />
July 31, 1964<br />
1-4. C. M!:L A I N<br />
WI\!.. TON P. BON DIES, ,JR. Rlvt:RSIDC 2-62 58.<br />
Mr. Sol Dann<br />
Attorney at Law<br />
1820 David Stott Building<br />
Detroit, Michigan 48226<br />
Dear Sol:<br />
Re: Jack Ruby<br />
I apologize for the d e l a y in ge tting you the enclosed Bills of<br />
Exception that were filed within the 90 da y period with the Trial<br />
Court. The reason for the delay is tha t I have been extremely busy<br />
in getting them<br />
...._<br />
filed <strong>and</strong> since having filed them on Tuesday afternoon,<br />
have beenl\able to get a ny correspondence out to anyone. As a<br />
matter of fact, this is the fir st dictation I have done this week. We<br />
are, at the time of this dictation, preparing for an open house for<br />
our clients <strong>and</strong> things have been very hectic.<br />
.-<br />
In addition to the 13 hills that are enclosed, there were two<br />
additional ones done <strong>and</strong> at the moment I cannot find copies of them.<br />
I will be able t o <strong>and</strong> will transport the m to you sometime next week<br />
when I locate them. Numbe · 14 deals with some newspapers through <br />
out the State of Texas that we atte m pted to offer on the hearing on<br />
moti on for a new trial <strong>and</strong> w hich were excluded <strong>and</strong> we attached all<br />
of those newspapers which I had had in storage to the bill of e~ception<br />
<strong>and</strong> filed it. Bill Number 1 5 dealt with the exclusion of the taped<br />
interview of Henry Wade by Radio Station KLIF that the Judge excluded<br />
during the trial <strong>and</strong> also.excluded on the hearing on the motion<br />
for a new trial.<br />
As to what steps we ar e going to take in the appeal, I want you<br />
to know that on Wednesday, some new <strong>and</strong> additibnal evidence as to<br />
Officer Dean's testimony was brought to my attention <strong>and</strong> I spent<br />
Wednesday evening checking it out <strong>and</strong> getting th~ concrete evidence in<br />
my office . I have now tapes of Officer Dean locked in my desk which
<strong>Records</strong> of the John F. Kem1edy Assassination Collection: Key Persons Fil es<br />
Mr. Sol Dann<br />
July31,1964<br />
Page 2.<br />
are at a complete variance to his testimony given at the trial. These<br />
tapes are of Dean in his own voice <strong>and</strong> it is recognizable. Also, I have<br />
a witness who will testify that Dean had a copy of this tape prior to his<br />
testimony <strong>and</strong> he still said the things that he said.<br />
We intend to utilize this information within the next 15 to 20 days<br />
<strong>and</strong> are exploring the best means in which to present it to the Court of<br />
Criminal Appeals . My present thinking is that we need to file a writ of<br />
coram nobis in the Court of Criminal Appeals to get this to their atten <br />
tion. However, I have not had a chance to completely firm up my<br />
thinking in this regard <strong>and</strong> will let you know more about it later.<br />
I know that the names of Fowler <strong>and</strong> Tonahill on the Bills of<br />
Exception that I filed will not meet with your approval, but under the<br />
circumstances, it was the only thing that I could do. As I told you, I<br />
can work with these people if <strong>and</strong> as long as they are in the case. If I<br />
had omitted their names from these papers, it would have caused a<br />
tremendous controversy <strong>and</strong> additional adverse publicity to Jack Ruby.<br />
Therefore, since I am more or less caught in the middle of a situation<br />
<strong>and</strong> hoping to fully <strong>and</strong> properly represent the client, I wanted to avoid<br />
any further squabbling either in or out of the newspaper <strong>and</strong> to fully<br />
protect the rights of Jack Ruby. Therefore, I put their names on the<br />
papers that I filed. As soon as the situation is cleared up, I am willing<br />
to abide by the wishes <strong>and</strong> desires of those making the decisions. As I<br />
told you, I can <strong>and</strong> will be willing to work with you in this case <strong>and</strong> will<br />
appreciate any aid <strong>and</strong> help that any person can <strong>and</strong> will give. that will<br />
help Jack Ruby.<br />
As to the appeal, we are requesting the additional transcribed<br />
testimony <strong>and</strong> have had a hearing on that on Monday, July 27th. At that<br />
time I developed the fact that the attorneys for the Defendant have been<br />
extremely diligent in attempting to get the transcribed testimony <strong>and</strong><br />
that the reason for the delay is the vast amount of work to be done <strong>and</strong><br />
that that work cannot be done by the Court Reporters in the time allowed<br />
by statute . The Judge did grant an extension of time for f iling the<br />
· statement of facts for 60 days . He did not extend the t i me for f iling<br />
formal bills bec aus e he did not have the authority to do s o, but as the
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
,-~=-~~--~------<br />
Mr. Sol Dann<br />
July 31, 1964<br />
Page 3.<br />
various p'arts of the statement of facts are given to us by the Court<br />
Reporter, it is our present intention to continue filing formal bills<br />
of exception <strong>and</strong> predicating the formal bills upon the fact that the<br />
information is just now available to us in the completed <strong>and</strong> proper<br />
form <strong>and</strong> it is my considered opinion (<strong>and</strong> the opinion of the Judge who<br />
denied us the extension of time, Judge Penn Jackson of Cleburne) that<br />
the Court of Criminal Appeals will consider our formal bills of exception<br />
filed after the 90 days if properly drawn with the proper predicates.<br />
I have expended approximately $97.00 in the filing of the formal<br />
bills for the various photostating work that needed to be done <strong>and</strong> the<br />
obtaining, storage <strong>and</strong> delivery of the newspapers to Court.<br />
If you have any further questions concerning the progress being<br />
made by me in perfection of the appeal, please do not hesitate to let<br />
me hear from yon.<br />
PB:dc<br />
Encl.
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
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<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
JFK ASSASSINATION SYSTEM<br />
Date:08I12/93<br />
Page:1<br />
IDENTIFICATION FORM<br />
AGENCY<br />
RECORD NUMBER<br />
we<br />
179-40005-10034<br />
AGENCY INFORMATION<br />
RECORDS SERIES<br />
09: RUBY, JACK 11-1<br />
AGENCY FILE NUMBER :<br />
ORIGINATOR<br />
FROM<br />
TO<br />
we<br />
DANN, SOL<br />
RANKIN, J. LEE<br />
DOCUMENT INFORMATION<br />
TITLE<br />
DATE<br />
PAGES<br />
08128164<br />
1<br />
SUBJECTS<br />
RUBY, JACK<br />
TONAHILL, JOE<br />
DOCUMENT TYPE<br />
CLASSIFICATION<br />
RESTRICTIONS<br />
CURRENT STATUS<br />
DATE OF LAST REVIEW<br />
OPENING CRITERIA<br />
PAPER, TEXTUAL DOCUMENT<br />
u<br />
OPEN IN FULL<br />
0<br />
I I<br />
BOX 16<br />
COMMENTS<br />
[R] - ITEM IS RESTRICTED
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
Ruby. Jack)/-/<br />
' .<br />
SOL A- OANN<br />
FRANK R05EN3AUM<br />
LES L IE D . BLOOM<br />
BERNARD L KAU F" MAN<br />
FRED TURNER<br />
WILLIA'V1 APPEL<br />
CI--IARLE5 P . NATHANSON<br />
I RVING ,JAFF"EE<br />
HENRY A. KROL I K<br />
LA W OFFICES<br />
DANN , ROSENBAUM , BLOOM &. KAUFMAN<br />
1820 DAVI D S T OT T BU I LDIN G<br />
DETR O IT, MICH IGAN 48226<br />
August 28, 1964<br />
WOODWARD 1- 1003<br />
Mr. J. Lee Rankin, General Counsel<br />
President's Commission on the Assassination of Pres. Kennedy<br />
200 Maryl<strong>and</strong> Ave. N.E.<br />
Washington, D.C. 20002<br />
Re: Jack Ruby<br />
Dear Mr. Rankin:<br />
In keeping with your request that I keep you informed, I am herewith<br />
enclosing a letter of George Woods . He describes some of the<br />
Anti-Semitic remarks he witnessed Joe Tonahill commit in the above<br />
matter.<br />
I don't know exactly why the American Trial Lawyers Association is<br />
dragging its feet in the formal Complaint I made against Joe Tonahill<br />
on account thereof. They haven't even given me the courtesy of an<br />
acknowledgment of its receipt or any reply thereto. Mel Belli is<br />
one of the big wheels in this organization, which may have something<br />
to do with this.<br />
I am also enclosing a copy of a letter I recently sent to Phil<br />
Burleson because of his disregard of my instructions in reference to<br />
Mr. Tonahill & Mr . Fowler. After I notified him of my intention to<br />
possibly find the need to remove 2lJ Dallas counsel, he wrote me the<br />
letter dated August 24th, a copy of which is enclosed. I regret<br />
that it is not too legible.<br />
I wrote him again today calling attention to the fact that his answers<br />
are not satisfactory. A copy of that letter is enclosed.<br />
There are other questions that I refrained from asking him but have<br />
made a memor<strong>and</strong>um thereof <strong>and</strong> am enclosing them for your information,<br />
which should be numbered from 21 to 30.<br />
Encls.
1-',.. ____ _<br />
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
JFK ASSASSINATION SYSTEM<br />
Date:OBI12I93<br />
Page:1<br />
IDENTIFICATION FORM<br />
AGENCY<br />
RECORD NUMBER<br />
we<br />
179 - 40005-10036<br />
AGENCY INFORMATION<br />
RECORDS SERIES<br />
09: RUBY, JACK 11-1<br />
AGENCY FILE NUMBER :<br />
ORIGINATOR<br />
FROM<br />
TO<br />
we<br />
DANN, SOL<br />
BURLESON, PHIL<br />
DOCUMENT INFORMATION<br />
TITLE<br />
DATE<br />
PAGES<br />
08125164<br />
4<br />
RUBY,<br />
SUBJECTS<br />
JACK<br />
DOCUMENT TYPE<br />
CLASSIFICATION<br />
RESTRICTIONS<br />
CURRENT STATUS<br />
DATE OF LAST REVIEW<br />
OPENING CRITERIA<br />
PAPER, TEXTUAL DOCUMENT<br />
u<br />
OPEN IN FULL<br />
0<br />
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COMMENTS<br />
P. 1-4; BOX 16<br />
[R] - ITEM IS RESTRICTED
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
SOL A . OANN<br />
F"RANK RO S EN BAUM<br />
LESL ' E 0. BLOO M<br />
1:\ERNARO L I< AU F' MAN<br />
F'REO TU RNER<br />
W•L.LIAM APPEL<br />
CHARLE:S P . N A TH ANSON<br />
IRVING JA F'F'EE<br />
1-!E N RY A . KA O LI K<br />
L.AW OFFICES<br />
DANN, ROSENBAUM , BLOOM &. KAUFMAN<br />
1820 OAVIO STOT T SUILOt N G<br />
DETROIT ~ MI C HI G AN 462:26<br />
August 25, 1964<br />
WOoowAqo 1- 1003<br />
Mr. Phil Burleson<br />
2420 LTV Tm·1er<br />
Dallas, Texas<br />
Re: Jack Ruby<br />
Dear Phil:<br />
Confirming my telephone conversations with you of yesterday, I<br />
informed you that I discussed the above matter with John Cofer<br />
of Austin, Texas because I deem it necessary that a lawyer of<br />
his ability take full charge of <strong>and</strong> carry on with the appeal.<br />
Even though you claim you do not need assistance, the Ruby<br />
family <strong>and</strong> myself would prefer having 'too much <strong>and</strong> beforeh<strong>and</strong>'<br />
than to later hold postmortems after losing on appeal , because<br />
we had 'too little <strong>and</strong> too late.'<br />
It may be that I resented your remarks concerning his age <strong>and</strong><br />
health because of my own comparable a ge <strong>and</strong> health. Be that as<br />
it may, I have learned over the years to have a decent respect<br />
for the ability of my elders . Therefore, although you thought<br />
his age, health <strong>and</strong> involvement in the Billie Sol Estes case would<br />
not permit him to give the Ruby matter the required attention, I<br />
am satisfied, after discussing this matter with him, that there is,<br />
as I informed you, no substitute for experience such as his <strong>and</strong> that<br />
I hoped he, or an experienced lawyer like him, would undertake the<br />
full responsibility of this appeal.<br />
I have been very much concerned over the failure to file amendments<br />
to the Motion for New Trial, that should have contained all of the<br />
errors committed by the Court Below, including: (1) the pre-trial<br />
insanity of Jack Ruby, (2) his inability to assist counsel, (3) the<br />
newly discovered evidence in reference to the false testimony of<br />
Officer Deal, (4) the District Attorney's concealment of material<br />
evidence concerning Ruby's unsound mind since the age of 10, (5)<br />
former counsels' carelessness or negligence in failing to discover<br />
the mental incompetency <strong>and</strong> unsound mind <strong>and</strong> psychiatric background
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<strong>Records</strong> of the John F. Kem1edy Assassination Collection: Key Persons Files<br />
-2-<br />
of Jack Ruby that would have created a reasonable doubt concerning<br />
the mental incapacity of Jack Ruby not only to be able to distinguish<br />
be t ween right <strong>and</strong> wrong but, what is even more important,<br />
a reasonable doubt of his ability to plan or be guilty of premeditation<br />
<strong>and</strong> vicious malice necessary to support a verdict of<br />
murder in the 1st degree.<br />
In my letters to both you <strong>and</strong> Emmett Colvin dated July 20th & 21st,<br />
1964, I referred to many of the foregoing items with references to<br />
the decisions of your Texas Court of Appeals that specifically<br />
emphasized .the need to file affidavits to support a claim of newly<br />
discovered evidence.<br />
Perhaps it i s too l a te to now file such affidvits because they were<br />
not previously filed as amendments to the Motion for New Trial. But<br />
I am calling this to your attention to emphasize the need to prevent<br />
any similar mistakes in the future. I cannot underst<strong>and</strong> why, in<br />
important matters such as this, a simple affidavit could not be prepared<br />
in a matter of minutes either the night or morning before the hearing<br />
on the Motion for New Trial, in compliance with the law of Texas.<br />
Since you indicated that neither Mr. Tonahill nor Mr. Fowler have<br />
been giving you any assistance on the appeal, there was no need to<br />
include their names on any of the papers filed since they were previously<br />
discharged. The mere fact that there names appeared in the file<br />
did not require their names to be placed on any appeal papers, especially<br />
since your recognizing them as remaining in the case may<br />
present many complications <strong>and</strong> disruptions.<br />
You did not find it necessary to include the names of Tonahill &<br />
Fowler on the st<strong>and</strong>by affidavits you claim you filed on August 21st<br />
<strong>and</strong> it was equally unnecessary to include them on the Formal Bill of<br />
Exceptions. Incidentally, I have not as yet received copies of those<br />
st<strong>and</strong>by affidavits. Please send mecopies immediately.<br />
You seemed surprised 'qhen I told you of the newspaper account of<br />
Justice 1-larren' s interview with Ruby that referred to an argument<br />
when Mr. Tonahill attempted to persuade Jack Ruby to say that he had<br />
planned the murder of Os"1ald for 2 days prior to the shooting. Jack<br />
Ruby claimed that Tonahill was a "liar" <strong>and</strong> was attempting to get him<br />
to practically admit that he was guilty of a planned <strong>and</strong> "premeditated"<br />
murder. Jack then said to Tonahill <strong>and</strong> Justice Warren that this was<br />
false <strong>and</strong> was something that Tonahill attempted to persuade him to say<br />
by putting this idea in his mind but which he, Jack, refused to say because<br />
it was untrue.
~-<br />
<strong>Records</strong> of the John F. Kennedy Assassination Co llection: Key Persons Files<br />
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Can you explain why Tonahill wanted Jack to say that he had<br />
planned this murder after talking to Kathy Kay shortly after<br />
the President's assassination? since planning <strong>and</strong> premeditation<br />
would be tantamount to pleading guilty to 1st degree murder.<br />
I would also like to know:<br />
1) How much money or what benefits any of the lawyers who<br />
have been in this case received or were promised from<br />
any source, aside from the $11,000 paid to Mr. Belli.<br />
2) What information do you have concerning any monies or<br />
promises of monies or benefits made to any of the lawyers<br />
in this case, or which they received or expected to receive<br />
from the use of the proceedings in this trial in newspapers,<br />
magazines, radio, television, movies or other news media,<br />
more especially including the recent article in the Saturday<br />
Evening Post entitled "The Untold Story of Jack Ruby;" the<br />
recent syndicated copyrighted articles in the New York Journal<br />
American by DorothyKilgallen exposing what was said during<br />
the interview between Justice Warren <strong>and</strong> Jak Ruby; the movie<br />
that was being made during the trial; the B & T Company <strong>and</strong><br />
the alleged downpayment of $65,000.00.<br />
3) What information you have concerning any offers, promises,<br />
or payments of money by H. L. Hunt to any of the lawyers in<br />
this case? (Mr. Belli told me that at one time Mr. Hunt<br />
offered him $100,000.00).<br />
4) Who was responsible for not making a timely dem<strong>and</strong> for a<br />
separate trial in reference to Jack Ruby's insanity <strong>and</strong> his<br />
inability to assist counsel before the actual trial on the<br />
main case was begun?<br />
5) Who was responsible for not challenging the entire voir dire<br />
because they were improperly selected from an area of Birchites<br />
which did not represent a jury of Ruby's peers.<br />
6) Uho was responsible for not using public op~nwn polls to<br />
show the need for a change of venue? as permitted by u.s.<br />
-v- Boothe, in 313 Fed. 2d.
• f'V ;.J<br />
<strong>Records</strong> of the John F. Kem1edy Assassination Collection: Key Persons Files<br />
.; OtUX<br />
-4-<br />
7) "\-Tho was responsible for not objecting to the statement<br />
;r of Officer Dean that regardless of the res gestae rule<br />
the officer's testimony v1as incompetent under the case of<br />
Escobedo -v- Ill. decided by the Supreme Court of the U.S.<br />
about a year ago.<br />
8) !.Jho was responsible for not calling Jack Ruby as a witness<br />
or any of his sisters or brothers to establish the entire<br />
psychiatric history of Jack Ruby in order to at least establish<br />
his unsound mind <strong>and</strong> mental incapacity since childhood?<br />
And don't you think that this would have been material evidence<br />
to defeat the District Attorney's claim of planning, malice<br />
<strong>and</strong> premeditation? Or at least to create a reasonable doubt<br />
in the jury's mind in reference thereto?<br />
8a) \fho was responsible for the epilepsy theory?<br />
9) Hho was responsible for advising Belli to open the doors to<br />
testimony otherwise not admissible under Texas law.<br />
10) In what respect do you agree or disagree ,.,ith the statements<br />
set forth in the recent Saturday Evening Post article entitled:<br />
"The Untold Story of Jack Ruby" that points out the<br />
many mistakes that were made during the trial <strong>and</strong> traps that<br />
Belli & Tonahill fell into?<br />
11) Do you still believe that the Court of Appeals will considerJ<br />
<strong>and</strong> that you have the right to bring up for their consideration,<br />
the matters of newly discovered evidence with reference to<br />
Officer Dean's false testimony or Jack Ruby's unsoumd mind<br />
since childhood 1 without having previously made the same a part<br />
of your Amended Motion for New Trial supported by a proper<br />
affidavit?<br />
I look forward to your complete answers to all of the foregoing<br />
questions as well as those set forth in my telegram of August 13,<br />
1964.
<strong>Records</strong> of the John F. Ke1medy Assassination Collection: Key Persons Files<br />
JFK ASSASSINATI ON SYSTEM<br />
Date:08I 12I 93<br />
Page:1<br />
IDENTIFICATION FORM<br />
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"'?.~~L-. j '<br />
"...?~ ....._.._.._<br />
\<br />
Memor<strong>and</strong>um .of"Additional Items of Complaint Against Burleson<br />
which should be added to letter I sent him on August 25.<br />
Since May, 1964, Phil ~vas repeatedly requested to file<br />
complete motions <strong>and</strong> amended motions for a new trial to<br />
include all of the errors <strong>and</strong> items of newly discovered<br />
evidence.<br />
Both Tonahill <strong>and</strong> Burleson informed Bellm.;s, Earl <strong>and</strong> .. Dann<br />
that this was done.<br />
\<br />
He made motions for a ne-.;v trial without having the rec·ord<br />
or transcripts to refer to in order to point out all the<br />
errors committed by the trial court, to preserve them for<br />
. review on appeal. .<br />
Since May, 1964, Phil kept asking Earl for iuoney. At one<br />
time he asked for $8500 because he said he was devoting most<br />
of his time in preparing all of the necessary documents for<br />
the appeal.<br />
;6)<br />
(a)<br />
He didn't have the record, <strong>and</strong> still does not have the<br />
completed record.<br />
He neglected to obtain extensions of time within which to<br />
file complete <strong>and</strong> proper motions for new trial.<br />
He waited 83 days before preparing the Formal Bills o f Ex <br />
ception <strong>and</strong> then only after Dann <strong>and</strong> Woods were compelled to<br />
go to .Dallas with a skeleton form of Formal Bills of Exception<br />
<strong>and</strong> with an ultimatum to either file same before expiration of<br />
90•day period or prepare their own.<br />
Burleson <strong>and</strong> Colvin then refused to discuss what should go<br />
into the Formal Bills of Exception <strong>and</strong> threatened to resign<br />
unless the Ruby family or Dann agreed to immediately ~~ pay<br />
t hem $7500 under the terms of a contract whih they submitted<br />
to Dann at that time.<br />
I'<br />
-1-
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Fi les<br />
·.. .,,,<br />
ou:.x<br />
~<br />
OU ..;.o )o.<br />
- 2 -<br />
The follo~v ing day; the Press i n Dallas published<br />
their intention to resign.<br />
Phil, at first, notified Dann that he could get the 90 -<br />
day period extended, but later notified Dann that he<br />
was unable to do so, (Under the law of Texas, the<br />
90-day period cannot be extended).<br />
(a) On the 84th day, Phil said he ~vould need an extra<br />
stenographer in order to meet the 90-day deadline ,<br />
~vhereupon Dann told him to hire a Kelly girl.<br />
30<br />
t
----<br />
<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
JFK ASSASSINATION SYSTEM<br />
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DANN, SOL<br />
DOCUMENT INFORMATION<br />
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RUBY, JACK<br />
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<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Fi les<br />
I<br />
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<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
JFK ASSASSINATION SYSTEM<br />
Date:08I 12I93<br />
Page:1<br />
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we<br />
179-40005-10037<br />
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ORIGINATOR<br />
FROM<br />
TO<br />
TITLE<br />
we<br />
DANN, SOL<br />
BURLESON, PHIL<br />
DOCUMENT INFORMATION<br />
DATE<br />
PAGES<br />
08128164<br />
2<br />
SUBJECTS<br />
RUBY, JACK<br />
DOCUMENT TYPE<br />
CLASSIFICATION<br />
RESTRICTIONS<br />
CURRENT STATUS<br />
DATE OF LAST REVIEW<br />
OPENING CRITERIA<br />
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<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Fi les<br />
9 01.. A. OANN<br />
FRANK ROSENBAUM<br />
L!::SLIE Q_ !!LOOM<br />
eER~L KAUF~AN<br />
rR ED TURNER<br />
WILLIAM AF'DE L<br />
CHARLES F'. NATHANSON<br />
rRVI" G ..;AF"FEE<br />
HI!:NR'I" A KROLII'\<br />
L.AW OFFICES<br />
DANN,ROSENBAUM.BLOOM & KAUFMAN<br />
182:0 OAVIO STOTT SUILOINO<br />
DETROIT, M I C H IGAN 48225<br />
August 28, 1964<br />
WOODWARD 1-1 003<br />
Mr . Phil Burleson<br />
2420 LTV Tm,rer<br />
Da l las, Texas<br />
Re: Jack Ruby<br />
Dear Phil:<br />
Receipt is acknowledged of your letter of August 24th but,<br />
as you probably anticipated, I would like to have more complete<br />
explanatory ansv1ers to avoid any misunderst<strong>and</strong>ings .<br />
By 1vay of illustration:<br />
12) Earl was informed that a Mr. Jake Ehrlich, who is<br />
primarily interested in book rights, has been interviev7ing<br />
various attorneys connected with this case .<br />
vfuat, if anything, do you know about this?<br />
(I am continuing the numbering of the questions of my<br />
letter of August 25th).<br />
13) I underst<strong>and</strong> Mr . Belli filed or left a brief v1ith someone<br />
in Dallas. 'Vfuat, if anything, do you know about this?<br />
14) I underst<strong>and</strong> Belli, when he was recently in Dallas , was<br />
attempting to interview jurors suspected of being connected<br />
with the Birch Society. l·fuat do you know about this?<br />
15) I have been informed that Judge Brmvn was a former leader<br />
in the Birch Society. What do you know about this?<br />
16) Do you know whether or not Tonahill v1as a member of the<br />
Birch Society or any other Anti-Semitic organization?<br />
Xf:.RQ<br />
~-npy ..
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Fi les<br />
-2-<br />
17)<br />
Have you ever been a member of 1<br />
or associated with<br />
a member of 1 the Birch Society or a member of any<br />
Anti-Semitic organization?<br />
18)<br />
I received only one byst<strong>and</strong>ers Bill of Exception<br />
which was in support of "Formal Bill of Exception<br />
1{10 . " Hhy ~·1asn 1 t a byst<strong>and</strong>ers Bill of Except ion<br />
filed in support of the other 14 of the 15 Formal<br />
Bills of Exception you filed?<br />
1 9)<br />
Is it necessary that a byst<strong>and</strong>ers Bill of Excepti on<br />
shmv a ~vitness 1<br />
testimony in question <strong>and</strong> answer form<br />
that you wish to challenge by the byst<strong>and</strong>ers bill?<br />
20)<br />
On ~·Jhat<br />
case?<br />
date did the Judge 1 pronounce judgment i n t his<br />
I<br />
I look forward to an early reply to questions .
<strong>Records</strong> of the John F. Kennedy Assassination Collection: Key Persons Files<br />
JFK ASSASSINATION SYSTEM<br />
Date:08I17I93<br />
Page : 1<br />
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WOODS, GEORGE<br />
BRAVERMAN, HAROLD<br />
DOCUMENT INFORMATION<br />
DATE<br />
PAGES<br />
08121164<br />
2<br />
SUBJECTS<br />
TONAHILL, JOE<br />
DOCUMENT TYPE<br />
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<strong>Records</strong> of the John F. Ketmedy Assassination Collection: Key Persons Files<br />
LAW 0FFIC~S<br />
POTTER. WooDs, LYNCH A:;,!-7300<br />
GEOROE E. WOOC5<br />
~61-4686<br />
RAYMO N D J . LYNCH<br />
ROBERT E. Or: MASCIO<br />
CHARLOTTE.). BRINKMA "'<br />
21 August, 1964<br />
Mr. Harold Braverman<br />
c/o Anti-Defamation Le
xr.~o<br />
<strong>Records</strong> of the John F. Kem1edy Assassination Collection: Key Persons Files<br />
j<br />
. ...<br />
Mr. Harry Braverman<br />
21 August, 1964<br />
Page Two<br />
It must be clearly understood this communication to you by myself<br />
on this subject matter, <strong>and</strong> the entire contents of this letter, are<br />
to be treated by you as personal <strong>and</strong> confident~al; you ore not to disclose<br />
the cont:mts hereof to any person or persons without my<br />
express <strong>and</strong> formal permission. It is my present concern, as it<br />
was on this occasion to which I have just made reference, that the<br />
efforts of all concerned should be first directed in the interest of<br />
Jack Ruby, a defendant under death sentence in the criminal case<br />
then <strong>and</strong> presently on upp~al . If you or your organiz-tion feel that<br />
I am unduly restrictive, I would appreciat he immediate return<br />
of this communication.<br />
G:::W:sm<br />
~"~P¥