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of Adam Powell and Emma Swann appear and there is a notation here, “two fares, $36," the credit card of Adam C. Powell obtaining this ticket. I ask you if you made that trip with Mr. Powell.

A. No, sir. Mr. WAGGONNER. Mr. O'Connor, these exhibits, that this credit card was used, are they personal credit cards or Education and Labor?

Mr. O'CONNOR. They are Education and Labor credit cards assigned to Adam C. Powell.

Mr. Hays. I think the record might show at this point that the signature of Mr. Powell appears to be a signature. The name of Mrs. Swann appears to have been printed in, which I understand is customary if someone is traveling with another person and using a credit card. The person to whom the card is issued must sign for both tickets and put in the right sopt the name of the person to whom it was issued.

By Mr. O'CONNOR: Q. Mrs. Swann, have you been aware that your name has been used in connection with air travel by staff or employees of Congressman Powell's office?

A. No, sir.

Q. Does the presence of your name on these exhibits come as a surprise to you today?

Ā. Yes, I did not know.

Q. You had no conversation or no indication from anyone that your name was used in numerous references here?

A. No, sir.

Q. Has there been any discussion among the girls in the office about Mr. Powell or Mr. Stone using the girls' names in connection with the travel of other parties?

A. I have not heard any discussion.

Q. Have you ever been sent over to the Capitol airline office to pick up airline tickets for Mr. Powell?

A. No, I have not.
Q. For Mrs. Dargans?
A. No, I have not.

Mr. Derrickson?
A. No, sir.
Q. Or Mr. Stone?
A. No, sir.

Mr. O'CONNOR. I don't think I have any further questions, Mr. Chairman.

Mr. Hays. Mr. Waggonner?

Mr. WagGONNER. In the performance of your duties, were you ever given the responsibility at any time for arranging air travel for other members of the office staff or committee making reservations?

The WITNESS. I cannot recall making any reservations because as a receptionist, that, to my knowledge, has never been asked of me.

Mr. WAGGONNER. Is the sum and substance of what you have had to say in answer to Mr. O'Connor's question simply this: That you recall having made three trips from Washington to Miami and back, two in 1965 and one in January 1966? You were provided airline tickets on these occasions and you have made no other trips either on official business or for other purposes?

The WITNESS. Outside of the three trips I have made no other trips.

Mr. WAGGONNER. No further questions.
Mr. Hays. Mr. Dickinson.

Mr. DICKINSON. Possibly this is just nit picking, and I do not mean to be. When you say no other trips, you mean neither your own personal trips or any other purpose?

The WITNESS. I have not been given any tickets outside of those three. Mr. DICKINSON. I do not mean given tickets; I mean air travel. The WITNESS. No airline travel. Mr. DICKINSON. A total of three.

Mr. Hays. I want you to appear in the record as being confused. She did testify that she had made trips to New York and had paid cash for them on her own.

The WITNESS. I thought you were talking about for the committee.

Mr. DICKINSON. I was trying to make sure I understand and we all understand each other.

The WITNESS. I am sorry.

Mr. Hays. I thought I understood you and I did not want you to have an answer in the record to a question which might have confused you.

The WITNESS. It did. I did not understand it that way. Mr. DICKINSON. You say you have made three trips on committee tickets or tickets that were furnished to you through the Education and Labor Committee or Mr. Powell; you do not know who paid for them, I assume? These are the only trips you have made other than the cash trips that you made out of your own pocket?

The WITNESS. Yes, sir.

Mr. DICKINSON. Any other trips that show up with your name on a credit card someone made them other than you if they were in fact made, other than the three trips?

The WITNESS. I did not make them.

Mr. DICKINSON. I know you have said you did not make this, but I was wondering if this might refresh your recollection. There is a trip from the District to Buffalo, to New York and back to the District, a sort of triangle there. You never made any such trip as that?

The WITNESS. No, never.

Mr. DICKINSON. One other thing. On July 30, you say you did not see Miss Lewis or Mrs. Himes on a trip, that this was probably one of the trips you took?

The WITNESS. That is right. I did not see them. Mr. DICKINSON. You did see, I think you said, Mr. Clark. The WITNESS. On one of the trips I did see Mr. Clark. Mr. DICKINSON. I was thinking about the same trip because it was put down as a group. I believe you said you did see Mr. Clark and Mr. Stone but you did not see the two other names I mentioned.

The WITNESS. That is correct. Mr. DICKINSON. Was this possibly the trip that you saw Chairman Powell on, too? Was he on this same trip?

The WITNESS. That is possible.

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(The above-referred-to documents were marked “LaPlace Exhibit 3” and received in evidence.)

By Mr. O'CONNOR: Q. Mr. LaPlace, there is only one additional question I would like to ask you: During the course of the investigation information was received by the committee that for a period of 7 days on the west coast you became lost. Do you have any comment concerning that?

A. I remember reading that story and all I can say, sir, is that that was sheer nonsense. I can account for all of my days with the committee. I am sure that the people for whom I worked could attest to the fact that I was working during that time. I reported to Mr. Stone daily. I am under oath and this is all I can say, sir.

Q. When you went back to Los Angeles, did you report to Mr. Stone daily, after you were there?

A. Almost daily, sir.

Q. You did perform the services that the chairman instructed you to in Los Angeles?

A. I did, and I made a personal report to Mr. Stone upon my return, sir.

Mr. O'Connor. I have no further questions, Mr. Chairman.

ers of the intervienformation I can

Mr. WAGGONER. One question which follows the last question of Mr. O'Connor. The 7-day period to which he has referred as your having been lost, would you for the record give us those days?

The WITNESS. I don't know what days. Mr. WAGGONER. Would they be the 18th through the 25th? The WITNESS. Well, I wasn't lost, so I can't respond to that, sir. Mr. O'CONNOR. I have no information on it other than it was indicated to us during the interview of certain of the witnesses, or certain of the members of the committee, that he was unavailable to write the report after they had returned to Washington because he was lost on the west coast.

Mr. LaPlace indicates he was on special assignment by the chairman during that period and that is the only information we have.

The WITNESS. The report was written, Mr. O'Connor, prior to my return but I submitted a personal report for this particular phase of the investigation. I can give you a list of names and telephone numbers and addresses of people to whom I talked and interviewed during that 7-day period if this will be of any help to you.

Mr. O'CONNOR. If the committee desires it, we can put it in the record.

Mr. WagGONNER. I see no reason for it.
Mr. NEDZI. I see no reason for it.
Mr. O'CONNOR. I see no reason for it.
Thank you, Mr. LaPlace.
Mr. Hays. Off the record.
(Discussion off the record.).
(Witness excused.)
Mr. O'CONNOR. Gentlemen, our next witness is Emma T. Swann.

MRS. EMMA T. SWANN, having been duly sworn, was examined and testified as follows:

Q. Will you state your full name and address for the record, Mrs.

A. My name is Emma T. Swann, 4241 Nash Street NE.
Q. You are accompanied by counsel?
A. Yes.

Mr. Ellis. For the record, Mr. Chairman, my name is Roy M. Ellis. I am an attorney, member of the bar of the District of Columbia and I represent Mrs. Swann. My office is 508 Fifth Street NW.

Mr. Hays. Mr. Ellis, we are pleased to have you here representing your client. The rules of the House restrict your activities as counsel for the witness to giving legal advice to her. This does not contemplate your addressing the committee on her behalf and most committees do not permit it. However, I will go beyond the rules and hear you only if you state legal objections on behalf of your client.

Mr. Ellis. Thank you, Mr. Chairman.

Mr. Hays. These objections must be proceeded with briefly and in an orderly fashion. We will not permit you to argue your objections after you have stated them.

Now, I ask you if you have consulted with your client and advised her of her rights, particularly her constitutional rights to claim the privilege of self-incrimination under the fifth amendment.

Mr. Ellis. I have, Mr. Chairman, but may I ask a question for the purposes of information: If such an objectionable question should arise, may I be permitted to confer before the witness answers?

Mr. Hays. You may.
Mr. Ellis. Thank you.

Mr. Hays. Mrs. Swann, your appearance before this committee will be in executive session unless you request it be in public session. If your appearance is in executive session the public and press will not be admitted to the hearing room and pursuant to paragraph 26, House of Representatives rule xi, your testimony may not be released or used in a public session without the consent of this committee. Nor will you be permitted to purchase a copy of the transcript of your testimony unless authorized by this committee. If your appearance is in public session, the public and news reporters will be admitted, but television and news photographers will be excluded.

I now ask you whether you choose to appear before this committee in executive or public session?

The WITNESS. Executive. Mr. Hays. Let me state this, Mrs. Swann. It may take counsel by surprise. We have had a couple of witnesses in here this afternoon who were brought in because an audit seemed to indicate that they had done certain things. They proved to our satisfaction that they hadn't. We asked one of them and I intend to ask the others if they cared if we announced to the press that they were brought in here because the audit apparently showed they did certain things and we found they didn't and we wanted the public to know there was no wrongdoing on their part.

In other words, what I am trying to get across is that this committee is not out to indict anybody, to hurt anybody, or to harm anybody. There are certain discrepancies here which you will be asked about which, if you can explain, we would be delighted. We would rather have you explain them than to leave them unexplained.

By Mr. O'Connor: Q. When were you first employed by the Committee on Education and Labor?

A. April 1965.
Q. Are you still employed by the committee?
A. Yes, I am.
Q. What is your position with the committee?
A. I am a receptionist.

Q. Are you a receptionist in the committee offices or in Congressman Powell's office?

A. Congressman Powell's office.

Q. How long have you acted as receptionist in Congressman Powell's office?

A. Since I was first employed.

Q. All your tenure of office has been up in the Congressman's personal office?

A. Yes.

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