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Q. Now, did you receive from the U.S. marshal in San Juan a return of service of that subpena?
A. Yes, sir; we had a return of service.
Enclosed please find subpoena for above-mentioned witness duly executed by Deputy U. S. Marshal José A. López on December 15, 1966.
Please send us check for $9.44 for fees and mileage, payable to the order of the United States Marshal.
Very truly yours
Q. Will you tell us when the marshal served Miss Flores, according to the return?
A. According to the return, the marshal served Mrs. Flores at 7:10 p.m. on the 15th day of December 1966.
Q. And that was the subpena calling for her appearance before this subcommittee on December 19, 1966?
A. That is correct, sir.
Mr. TAYLER. May that be marked “Langston exhibit No. 8,” the return of service on the Flores subpena by the U.S. marshal in San Juan.
(The above-referred-to document was marked "Langston exhibit No. 8” and received in evidence.)
By Mr. TAYLER: Q. Mr. Langston, did Y. Marjorie Flores appear before the subcommittee at any time on the days of the hearings, December 19 through December 21?
A. No; she did not appear.
Q. Did there come a time during that period when the committee received a communication from Miss Flores?
A. Yes, sir; the committee received a cablegram on December 20. Q. To whom was it addressed?
Ă. The cablegram was addressed to Congressman Wayne L. Hays, U.S. Representative.
Q. Signed by
SAN JUAN, P.R., December 19, 1966.
Mrs. Adam CLAYTON POWELL. (The above-referred-to document was marked "Langston exhibit 9" and received in evidence.)
By Mr. TAYLER: Q. Did you, at the chairman's direction, prepare and send a reply to that cablegram from Mrs. Powell?
A. Yes, I did.
Washington, D.C., December 20, 1966.
It is imperative that this committee have your testimony. A closed meeting has been scheduled for December 29, 1966, 11 a.m., room 2255, Rayburn Office Building, Washington, D.C., for this purpose. Paid Eastern Airlines round-trip
tickets have been arranged for you and your son. These are available at EAL reservation desk, San Juan. In the event you wish to arrange care for your son in San Juan during your absence, the committee will reimburse reasonable care costs. Your travel expenses in addition to transportation for the trip will be reimbursed.
WAYNE L. Hays,
Chairman, Special Subcommittee on Contracts.
By Mr. TAYLER:
A. Yes, I will be glad to. The cablegram is addressed to Mrs.
It is imperative that this committee have your testimony. A closed meeting has been scheduled for December 29, 1966, 11 a.m., room 2255, Rayburn Office Building, Washington, D.C., for this purpose. Paid Eastern Air Line round-trip tickets have been arranged for you and your son. These are available at Eastern Air Line reservation desk, San Juan. In the event you wich to arrange care for your son in San Juan during your absence, the committee will reimburse reasonable care cost. Your travel expenses in addition to transportation for the trip will be reimbursed.
Signed, “Wayne L. Hays, Chairman, Special Subcommittee on
Mr. TAYLER. May we go off the record a moment, Mr. Chairman?
By Mr. TAYLER:
A. Yes. The committee received a message dated December 30, the time 10:13 a.m., from the Western Union Telegraph Co.
Q. And that message was received today; is that right?
Å. The message is addressed to Wayne L. Hays, chairman, room
Your telegram of December 20 to Mrs. Adam C. Powell, Barrio Cerro Gordo, Vega Alta, is undelivered. The house is closed and the whereabouts of the addressee is unknown. Please advise disposition of message.
Signed, “Western Union Telegraph Co."
WASHINGTON, D.C., December 30, 1966.1
Your telegram of December 20 to Mrs. Adam C. Powell, Barrio Cerro, Vega Alta is undelivered. The house is closed and the whereabouts of the addressee is unknown. Please advise disposition of message.
WESTERN UNION TELEGRAPH Co. 1 Backdate Dec. 27, 1966.
(The above-referred to document was marked "Langston Exhibit 11” and received in evidence.)
graph Chad been delivethe telegraphed
By Mr. TAYLER: Q. Mr. Langston, prior to the receipt of the message you just read, had you received any indication from the telegraph company that the December 20 cablegram was undelivered?
A. No, sir, no communication. I did call the Western Union Telegraph Co. a day or so after the message was sent and asked if the message had been delivered. I was informed that they assumed that it had been. That is, the telegraph company in Washington here. They stated that they assumed it had been delivered because there was no record of nondelivery which is the customary notation in the event a message is undeliverable.
Q. You had no reason to believe prior to the message that you received this morning that the cablegram had been undelivered; is that correct?
A. No reason whatsoever; no, sir.
Q. Now, at or about the time that you sent the cablegram to Mrs. Powell, which is Langston No. 10, on December 20, did you have a conversation with the U.S. marshal in San Juan?
A. Yes, I did.
A. I telephoned the U.S. marshal in San Juan shortly after the telegram was sent to request that he personally contact Mrs. Powell to give her a verbal message that the subpena is still in effect and that we expected her to appear and that the telegram had been sent describing the provision for airline trip for herself and her son, and we asked him to do everything in his power to urge that she honor the subpena.
Q. Did you tell the U.S. marshal to inform her that her appearance had been scheduled for December 29?
A. Yes, sir, I did. I specifically asked him to inform her of that.
Q. Did there come a time when you heard from the U.S. marshal as to whether or not he was able to contact Mrs. Powell and deliver the message?
A. Yes, sir; I called him again on December 28 and I asked him had he been able to contact Mrs. Powell. His response was that he had been unable to locate Mrs. Powell and he had been making a continuous effort, since December 20. He did not find her at her residence or any other of her known places where she might have normally been located
Q. Mr. Langston, did there come a time when the committee received a letter from Mrs. Powell regarding her appearance before the subcommittee?
A. Yes, sir. The committee received a letter on December 20 bearing the date December 19.
Q. Will you read the message?
^. Yes, sir. It is addressed to Hon. Wayne L. Hays, House Administration Committee, Washington, D.C.:
Honorable Congressman, I have sent you a cable informing that I will be unable to testify at the public hearings due to personal sickness.
I was also notified the evening of Thursday, December 15, too late to make pertinent arrangements. I have a four-years-old son whom I would have to take with me and I would need some time to arrange for his winter clothes, transportation, nurses facilities and so forth. I am willing to attend on a future date should you so desire.
It is signed "Mrs. Adam C. Powell.”
Q. Mr. Langston, on the 20th of December, the date on which the cablegram was sent to Mrs. Powell advising her to appear on the 29th, did you make any efforts to contact her by telephone?
A. Yes, sir; I did.
A. Shortly after the Western Union message was sent I even endeavored to reach Mrs. Powell by long-distance telephone. I placed the call and asked the operator, told her it was an urgent message, and to make every effort to get the message through. The report back was that there was no telephone number listed. There was no way that a message could be sent to Mrs. Powell, or contact could be made with Mrs. Powell by telephone.
Q. Did there come a time, Mr. Langston, when you received a communication from any attorneys representing Mrs. Powell?
A. Yes, sir. There was a communication received from two attorneys who represented Mrs. Powell. The message was dated December 27 and received on December 28.
Q. Will you read the telegram, please?
A. The message is addressed to Congressman Wayne Hays, House of Representatives, Washington, D.C.
Through the press we have heard of the hearings set for December 29, but we have no other information. Kindly clarify and please reply to our offices at First National City Bank Building, Seventh Floor, Hato Rey, Puerto Rico.
Q. Will you spell that word?
^. H-a-t-o R-e-y. It is signed “Reinaldo Paniagua Diez and Gonzalo Diago Betancourt."
Mr. TAYLER. Mark the letter "Langston No. 12,” the letter from Mrs. Powell on December 19, and mark the cablegram from her attorneys "No. 13."
of A The messread the telcon Decembwell.
December 19, 1966
Hon. Wayne L. Hays
I have sent you a cable informing that I will be unable to testify
I am willing to attend on a future date should you so desire.
Inese Adam (Semuel