Oakland Tribune from Oakland, California • 8

Daklan52i(rribune Wed "June 28, 1 967 "Sjti flasBW fjl rjECTam Murohv were interviewed, by him In 1966. I 5 Undeniably, the knoll area was widely searched officers immediately after the shots. And what was ound? "There wasn't anything over there," said," patrolman E. L. Smith.

"We didn't see anything there," said Deputy Luke Mooney who thought the shots came from the knoll. John and Faye Chism, standing in front of "the knoll, had looked around when they heard lhe shotsThey sawno one. y(-y I tr" 'r- fcv I I By BERNARD GAVZER ajfd SID MOODY AP Newsfeature Writer It happened in a small park called Dealey Plaza, named in honor of a famous Dallas publisher. Its central landmark used to be a Hbronzestatue of that citizen, George B. Dealey Now there are others: the yellow brick mass of thejTexas School Book Depository and, close by, an embankment now called "the grassy knoll." Some saw a rifle In a buikUnjmndow.

The Warren -Commission-decided it -was from there the assassin fired. Some saw a puff of smoke on a grassy knoll. Critics have decided it was from there an assassin fired. ThA irrassv VhnW stone of ereensward Jlrunning southwesterly from the School Book Depository. There is an arcade on its ridge, then a picket fence, shoulder high.

Fourth of a Fiye-Part Series The knoll runs along the north side of Elm Street on which Kennedy was slain. It ends at a railroad overpass which Elm Street goes beneath. Several men on the overpass saw smoke near the fence as the president fell. If the smoke came from the assassin's rifle, Kennedy could not have been shot in the back, as the autopsy doctors decided. It is as simple as that: he was facing obliquely toward the knoll.

If he was shot from the knoll, the throat though doctors said it was of exit. The fabric of the hole in the back of his jacket could not have been bent upwards, even though it was. Gov. Conally could not have been shot in the. back by the same bullet, even though doctors said he was.

Lee Harvey Oswald would not have been a lone assassin. The commission gave less attention to the Tmoll than it did the overpass. It ruled out the overpass in favor of the depository as the assassin's lair for many reasons, one being that no one on the overpass saw a rifle being fired from there. No one saw a rifle fired from the knoll, either. What Was There Yet the knoll abides.

It does so because critics stress what people saw and heard have not, however, stressed everything that people heard or saw there. Or did not hear or see. 7 Consider S. M. Holland.

Holland was standing on an overpass above Elm Street as the motorcade approached. The grassy knoll was slightly to his left but behind toe presidential limousine. Holland heard a noise like a firecracker. "I looked toward the arcade and trees and saw a puff of smoke come from the trees." That is what Holland told sheriffs deputies right after the assassination, and that is how Mark Lane quotes him in "Rush to Judgment." But there is more to the sentence, although Lane does not include it. It reads: And I heard three more shots after thefirst shot, but that was the only puff of smoke I saw." If one puff of smoke suggests someone shot a gun from the knoll, what does the absence of three subsequent puffs suggest? The jury, the reading public, was not asked to decide.

Mark it JoremHe decidedjnot to raise the question. Epstein wrote Six out of seven of these witnesses on the overpass who gave an opinion as to the source of the shots indicated that the shots had come from a 'grassy knoll'." They did? The six cited are James Simmons Miller, Thomas Murphy, Frank Reilly, J. W. Foster and Holland. This is what they say in the report volumes: Simmons paraphrased by the FBI: He vised that it was his opinion that the shots came from the direction of the Texas School Book Depository." sounded like it came from the, I -would say from right there in the car Would be to my left, the way I was looking at him, over toward that incline (the knoll)." MurphyrThesehots-camefrom-a-spot- just west of the Texas School Book Deposito-.

ry." Reilly: "The shots came from that park where all the shrubs is up there, to the north of Elm SlxeeWupJtie slope. "rr- the corner of Elm and Houston streets." The depository is at the comer of Elm and Houston. Holland, who also picked the knoll, he immdiately ran to that area. He saw no' one suspicious. Those are the six who "indicated the shots came from a 'grassy Two actually picked the depository area.

One who indicated the knoll also thought the shots sounded like they came from Kennedy's car. Besides Holland, Lane says six others on the overpass saw smoke. Austin Miller is one. In an affidavit Nov. 22, 1963, he.

said he saw "smoke or steam" coming from the knoll area. When Miller was later questioned by commission counsel, Lane writes, Miller was "dismissed before he could mention the crucial observation contained in his affidavit" Could Add Nothing Actually, at the end of his interrogation, during which he indeed did not mention any smoke, Miller was asked if he could add anything "that might be of any help to the commission or to the investigation of the assassina-: Uon." Miller: "Offhand, no sir, I don't recall anything else." Maybe he forgot the smoke, maybe not But it is hardly accurate to convey the impression that the commission had turned Miller off before he could give testimony against the depository theory by "dismissing" him. Lane goes on. "Clemon Johnson told FBI agents that he had observed 'white smoke. That is ALL he says about Clemon Johnson.

But Johnson's full statement as paraphrased by the FBI was: "Johnson stated that white smoke was observed near the pavilion 'arcade but he felt ttiis smoke came from a motorcycle abandoned near the spot by Dallas policemen." Who, does it seem, is dismissing what? The other four who Lane says saw smoke Richard Dodd, Walter Windborn, Simmons and Whatever they told Lane then, only one Simmons mentioned smoke Jhe FBI when questioned during-the assassination investiga 7 Uon. Simmons said he thought he saw "exhaust -smoke- near- the -embankment- in front of the Texas School Book Depository. He ran toward that building with: a policeman, first looking over the knoll fence. Two years later, the "exhaust fumes" by the depository have become "a puff of smoke" near the fence. Lane saves the reader the trouble of having to decide which recollection is accurate! The first, given to.

the FBI, is not' included in his book. Whether they saw smoke or not, it apparently did not aid Dodd or Windborn in placing the source of the shots. They told the FBI they couldn't tell where they came fronu, There are three other aspects of smoke, not dwelled upon-by Lane or Epstein in connection with the knoll. 1 There was a steam pipe in the area. 2 FBI tests showed the alleged assassination rifle produced only a "small amount" of smoke when fired: modern military gunpowder is smokeless.

3 NONE of the approximately 200 assassination witnesses questioned other than the four on the overpass mentions seeing ANY smoke, says only those on the overpass could see smoke from the knoll because of its elevation and the bushes around it. But those persons on the south side of Elm Street should have seen it, if there was any. They, not those on the overpass, were in a direct line of Tire7Noneof thenrmentioned smoke. What They Heard Lane cites what people heard as well as saw to pinpoint the knoll. He quotes 0.

V. Campbell, vice president of the depository, who believed the shots came from "the railroad tracks near the viaduct overpass." This could be construed as the knoll area. Campbell was standing in front of the depository, as Lane mentions. He does NOT mention that at his elbow stood Mrs. Robert Reid, a fellow employe.

Lane does NOT. mention that Mrs. Reid testified: "I turned to Mr. Campbell and I said, 'Oh, my goodness. I am afraid those sounds came from our building because it sounded like they came just so directly over my head." Two witnesses.

Two versions. Both appear in the Warren report. Only one-does in "Rush-to Judgment" other persons scattered throughout -Dealey Plaza through which Elm Street runs and the knoll and depository overlook placed the origin of the shots on the knoll," Lane observes. And so they did. Jean Hill did.

Billie Joe Lovelady did. William Newman did. John and Faye Chism did. Roy Truly did. At least 34 people did, although it is difficult to pinpoint from some of their statements.

It is also not always easy to pinpoint the more than 60 witnesses who thought the shots came from the depository. Such as: F. Lee Mudd "From the direction of the Charles Hester "It appeared to be a building on the corner of Elm and Houston streets." Charles Brehm "One of two buildings on Elm and Houston." Marion Baker "High up, pretty sure from the depository." T. E. Moore "From a high area." Allan Sweatt "Vicinity of Elm and Houston." Or the 15 people of the motorcade itself who thought the shots came from the "right rear." Since almost none of such witnesses is mentioned in Lane's book, perhaps that is why he felt no need to mention such others whose testimony Is helpful in locating the -source-of -the shots.

Such as Mrs. Earle Cabell, the Dallas mayor's. wife, who looked towards the depository at the "sound of shots and "saw a pro in an upper window. Or Bob Jackson, a press photographer, who also looked up at the deposi- tory and told colleagues in a motorcade press "car ereisthe-gunlu- Or-James-Crawford who looked up at the sound of the third shot and "saw a movement" in the southeast win-dow of the sixth floor of depository and told, a friend "if those were shots, they came from that window'1 and then advised police to search around some boxes he saw in the window. Po lice did.

They found three rifle shells that were fired by a rifle also found on that floor by that rifle and no other. Bullet fragments found Tin Kennedy's car also came from thafrifle and no other. Maybe Lane had the and Bob Jacksons in mind when he said there Is "some evidence" shots came from the depository. FROM DALLAS TO CAPITAL Sen. John Sherman Cooper, (left) walks with Dallas officials in Washington, D.C., during Warren Commission hearings.

From left they are Dep. Sheriff Eugene Boone, Patrolman M. i. fi 1 2t Hi Ml One of those men later testified he heard shells hitting the floor "over hir head. Brennan is a key witness, since he saw more of Oswald's actions than anyone else, and this photograph is part of the Warren Commission's Should one check the commission volumes, he would find that, yes, 23 people did give statements to law officials on those two days.

Nine cited the knoll. Twelve cited the depositor ry. Two indicated it could have been either. There Is a witness mentioned in another context by Lane whose testimony has some relevance as to the conflicting opinions of where the shots came from. He is Lee E.

Bowers. He was working in a signal tower in the railroad area behind the knoll. His testimony is Vol- ume VI. Bowers: "The sounds came from either from up against the school book depository building or near the mouth of the triple underpass." "You were not able to tell which?" Bowers: "No, I could not." "Well, now, had you had any experience before being in the tower as to sounds coming from these various places?" Bowers: "Yes: I had worked this same tower for 10 or 12 and was there during the time they were renovating the school deposito- ry. building, and had noticed at that time the similarity of sounds occurring in either of those two locations." Bower's testimony doesn't rule out the knoll.

It doesn't rule out the depository. It does help those -investigators trying to explain why wit-' nesses to the assassination gave conflicting opinions as to the sound of the shots. If Bowers was helpful in this regard to Lane or Epstein, they didn't mention it. Apart from what witnesses heard or did not hear from the knoll, Lane attaches significance to what they DID there "Many officers said that as soon as the shots were fired, they ran directly to the knoll and behind the wooden fence and began to 'search the area, some passing the book depository on the way." Why the Knoll did people converge on the knoll? The Hesters ran TOWARD it to seek shelter from-the gunfire. Miss Patricia Ann Lawrence, who had been standing at Elm and Houston, ran "along with the crowd" to where the Presi- dent's car had been when he was hit.

So did Mrs. Charles Davis. "I just ran along with them," said Danny Arce. Curtis Bishop, oh the overpass, saw people "running in every direction." Geneva on the second floor of the depository, saw people running EAST on Elm, away from the knoll. Ralph Walters, a deputy sheriff, ran toward the overpass where he hadlastseenthe presidential "We couldn't get any information." L.

S. Smith, another deputy ran toward the depository. A woman said the shots came from the knoll. So Smith ran there. 7 John Wiseman, a deputy, ran to the knoll where he saw police having trouble with a mo- a woman pointed to the deposi tory.

So he ran there. Deputy W. W. Mabra saw people running toward the overpass area "so I ran that way Motorcycle patrolman Clyde Haygood drove toward the overpass area "because people were pointing: "Then a man mentioned the depository and at 12:34 p.m., four minutes after the assassination, he radioed the police dispatcher: 1 "I just talked to a guy up here who 4as standing close to it and the best he could tell it came from the Texas School Book Depository." Deputy Allan Sweatt couldn't tell which way to run because one man told him the shots came from toward the knoll and another said the depository. A colleague with him stayed at the depository while he ran on toward the knoll.

Deputies Jack Faulkner and A. D. McCurley ran toward the railroad yards' behind the knoll because they saw other officers running there; Officer D. V. Harkness went to the railroad yards because he saw "everybody hitting ground" there.

In other words, people were running in many directions for many reasons. Most of the sheriffs deputies had been in front of their office around the corner when the shots were fired and ran in the directions they did because of what bystanders told them, because they saw others running that way or because of where they thought the sounds came from. "Everybody was Just running around In circles," said Deputy, Eddy Raymond Walthers. -t If 9 tt IF 1 1 1 III 0 A WAS THERE Howard Brennan is photographed in the same spot from which he said he saw a gunman firing in the sixth floor window of the Texas School Book Depository (marked A): The window marked is' whereT Brennanaid he saw several Negroes watching the mortorcade There is "some" evidence. No one saw a puff of smoke there.

Only a rifleman. Epstein thinks there is "compelling" evidence shots were fired from the despository. But he -faults the commission for not looking more thoroughly into the possibility of the knoll. He asks why the commission did not call the 10 witnesses who stood between the knoll and the President's car because nine of them "thought the shots had come from the TmoTT directly behind them." If the commission did not call them, it did have their statements. This is what they said: A.

J. Millican: He said he heard three shots from the despository area, two from the arcade and three more from the arcade but further away. Chales Hester: He said "the shots sounded like they definitely came from in or around the depository building." -Abraham Zapruder: "I thought It (the shots) came from in back of me. Of course you can't tell when something is in line it could be from anywhere. Did you form any opinion about the direction from which the shots came by the sound No, there was too much reverberation.

There was an echo which gave me sound all over." Mary Elizabeth Woodward: She told the FBI the shots came "from possibly behind her" or from the overpass. "However, because of the loud echo, she could not say where the shots had come from other than they had come from above her head. Mrs. Hester: She was standing near the overpass approximately in line with Kennedy's car and the depository. She said she could give no position for the shots other than to tell the FBI she believed she and her husband were in the line of fire.

The other four of the nine Epstein said identified -the -knolL did, indeed, think the shots came from there. Epstein continues: "Eight witnesses were standing across the street from the knoll: all thpughtJhe shots had come from the knoll." 7yzZT ---z'---Actually four of them did. One said she couldn't determine the source. Two thought the shots came possibly from the depository area. -One said they came from one of two buildings at the corner of Elm and Houston.

There are three buildings there, one the depository. In the second chapter of his book, Lane writes: "Twenty-five witnesses are known to have given, statements or affidavits on Nov. 22 and Nov. 23 the day of and the day after the assassination about the origin of the shots. Twenty-two said they believed that the shots came from the knoll." i N.

McDonald, Dep. Sheriff Luke Mooney, and Patrolman Marion' Baker. Mooney Was quoted by critics as thinking the shots came from the grassy knollbut he also said he didn't find anything 'r jr-tr 'pv-i- f-r lr-j 1 I 1, 4 Harold Elkins, another deputy, ran Into Bowers in the railroad yard. Bowers said he -had seen three out-of-state cars driving around the parking area behind the knoll just before the assassination. Two drove off before the mentions this, And the third? Lane leaves him near the knoll and leaves the read? er to conjecture what the driver might or might not have done there.

"The last I saw of him he was pausingjust about in just above the assassination Lane has this quote of Bowers. He doesn't have this one: "He left this area just about 12:25 p.m." The assassination occurred at 12:30 p.m. Bowers also said he saw two men watching- over the fence about the time of the shots which arouses Lane's suspicions. Not, however, to the extent of mentioning Bowers saw "at least" one of them still there as police began fanning out over the area. In anv event, patrolman Charles Polk Plav- er searched cars in the lot for two hours.

He didn't report finding anything. Several hoboes found in freight were questioned. Seymour Weitzman found footprints "that didn't make sense because they were going different directions. "Holland saw muddy footprints on a car Had an assassin, stood, there 1 No one had seen one. If he had, he had been able to gather up any shells from the ground in the brief time before police arrived because none was found.

No rifle was found. Nothing Nothing to add to what some people said they heard and saw around the knoll: some shots and a puff of smoke. After searching the knoll area for a while. Weitzman went over to help at the depository. On the sixth floor, behind some boxes, the found a rifle with a telescopic sight.

The gun had been purchased by some one named A. Hidell whose handwriting was identical with Harvey Oswald's. They Saw a Rifle Two persons said they saw a rifle being fired from the sixth floor of the depository. One was Howard Brennan. To weaken the case for the depository it is important for the critics ta.

iweaken Brennan's testimonyThis they try to do. Epstein says Joseph Ball, a commission lawyer who investigated the identity of the assassin, "had several reasons to doubt Brennan's testimony." Epstein' lists them: Brennan's "difficulty seeing a figure" in the depository window during a re-enactment of the assassination; Brennan's failure to identify Oswald on "prominent points" of his clothing; Brennan's "major error" in testifying the assassin was standing while firing and "the fact that Brennan had lied at the police lineuR." Epstein notes, correctly, that Brennan testis fied the assassin was standing in the window as he shot. He does not note that Brennan also thought that three onlookers a floor beneath the assassin were also standing; They weren't. They were kneeling. So must the assassin have been to fire through the window.

A small point A small rebuttal too small, evidently, to include in "Inquest." At a police lineup the day of the assassination, Brennan said he could not positively identify Oswald as the assassin. Four months later, he told the commission he could. He said he hadn't done so earlier because he feared Communist, reprisal. Epstein uses this discrepancy to attack Brennan's credibility. He doesn't mention that the commission agrees with him.

Because Brennan declined to make posi--tive identification of Oswald at the lineup, the commission said it "does not base its conclusion concerning the identity of the assassin on iBrennan'sjubsuent certain commission7however7o question Brennan's credibility that he saw a man firing a rifle from a depository window because near that window were found not only a rifle but' shells and fingerprints of Lee Harvey Oswald. Man Number Two It might also be noted, although Epstein does not, that while on Nov. 22 Brennan said he could not make positive identification, he did then say that man No. 2 in" the lineup "most closely resembles" the man he saw in the win- uow. Harvey Oswald was man No.

2. Thgj.g- js aiso more to Epstein's allegation that Ball was "extremely dubious" about Brennan's testimony. "Epstein says that I told him when we con-" structed the episode mat Brennan 'had difficulty seeing a figure in the window'. I never said that Jn the first place, we didn't have Brennan at the reconstruction to see whether he could see. We have him there so that he could mark positions on a photo.

He quotes me as being 'extremely dubious'. I never said that. It didn't happen." So spoke Joseph Ball Finally, as would any good defense attor- ney, the critics question Brennan's ability to see anything. "Perhaps poor eyesight accounted for Brennan's ability to identify the man at the window," says Lane. "Brennan admitted that his eyesight was 'not good' when he testified before the commission." Brennan, indeed, so testified.

He said this was so because his eyes had beenaccidentally sandblasted. That happened two months after the assassination. In a footnote on Page 90 of the hardcover edition of "Rush to Judgment" Lane mentions the injury. Seemingly, there the matter would rest: that Brennan testified he was farslgnted up until an injury two months after the assassination and that thereafter his eyesight was "not Yet by Page 269 Howard Brennan has be-' come "weak-eyed Brennan, who claimed he' saw Oswald in a window." After 170 pages maybe the author had for- gotten how-or when Brennan becamt Or maybe reader had. Tomorrow; Conspiracy 1 1.