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T01 Transcript of State vs. Ruby: Writ of Habeas Corpus, Volume 1

Object number1994.002.0009.0001
Date12/23/1963
ClassificationsDocuments
ObjectTranscript
Credit LineDallas County District Clerk Collection/The Sixth Floor Museum at Dealey Plaza
MediumPaper
Dimensions11 3/8 × 8 3/4 × 11/16 in. (28.9 × 22.2 × 1.7 cm)
DescriptionTranscript of The State of Texas vs. Jack Rubenstein alias Jack Ruby, Writ of Habeas Corpus No. 1193, Volume 1. Melvin Belli, Joe Tonahill, Phil Burleson and others spoke for Ruby; Henry Wade, Dallas County District Attorney, was the prosecutor, assisted by Jim Bowie and Bill Alexander. The presiding judge was Judge Joe B. Brown. The following appeared as witnesses: J. W. Fritz, Jim Leavelle, George Senator, Doyle Edward Lane and Karen Lynn Bennett aka Little Lynn. In this hearing Jack Ruby asked to be released or to have bail set but both requests were denied. The transcript retains both original covers; typed pages 1 - 160 of sturdy onionskin paper; each page has a printed footer that reads “James J. Muleady, Dallas, Texas". Text on the cover: "In the Criminal District Court No. 3, Dallas County, Texas. October Term, A. D. 1963. Writ of Habeas Corpus No. 1193 Ex Parte Jack Ruby, Relator Statement of Facts Hearing Held December 23, 1963" Printed at the bottom of the front cover: "James J. Muleady Official Court Reporter 2nd Floor Records Bldg. Annex Phone Riverside 1-5624 Dallas, Texas" There is a handwritten note along the bottom left spine edge of the cover in blue ink that says, "Extra copy for J J Muleady".
Curatorial Commentary
A writ of habeas corpus is defined as a recourse in law in which a person can report an unlawful detention or imprisonment. Ruby requested to be freed on bail; the judge refused. After his writ of habeas corpus was denied, Ruby remained in police custody. - Lindsey Richardson, Curator of Collections
The Museum recorded oral histories with the following individuals named in this document: Dallas police homicide detective Jim Leavelle, defense attorneys Joe Tonahill and Phil Burleson and Dallas County D.A. Henry Wade. - Stephen Fagin, Curator

Karen Lynn Bennett Carlin, better known by her Carousel Club stage name "Little Lynn," was a key figure in the Oswald shooting story. In addition to testifying at Jack Ruby's trial, she was interviewed by the FBI on November 27, 1963, and testified to the Warren Commission twice in 1964. Just prior to shooting Lee Harvey Oswald, Jack Ruby wired $25 to Carlin in Fort Worth from the Western Union office near Dallas police headquarters. The time stamp on the receipt was 11:17 a.m., and Ruby shot Oswald at 11:21 a.m. Investigators and researchers have used this short time span to demonstrate that Ruby's murder of Oswald in the basement of police headquarters was not premeditated or part of a plot, especially since Oswald was originally scheduled to be moved earlier that Sunday but was delayed due to additional interrogation.

When Bennett, age nineteen and pregnant at the time, appeared during Jack Ruby's bond hearing, she entered the Dallas County Criminal Courts building with a pistol in her handbag. She was arrested while attempting to enter the courtroom on December 23, 1963, and charged with carrying a concealed weapon. Nevertheless, she returned to the Criminal Courts building a few months later to testify at Ruby's trial on March 6, 1964, as the first witness for the defense. - Stephen Fagin, Curator