Thoughts on a bus trip

[Alan Ford]

- How does it survive unscathed if the man was never on the bus in the first place?



Mr. McWATTERS - No, sir; they (the line-up participants) were different ages, different sizes and different heights. And they asked me if I could identify any man in particular there, and I told them that I couldn't identify any man in particular, but there was one man there that was about the size of the man. Now, I was referring back, after they done showed me this transfer at that time and I knew which trip, that I went through town on at that time, in other words, on the Lakewood trip and just like I recalled, I only put out two transfers and I told them that there was one man in the lineup was about the size and the height and complexion of a man that got on my bus, but as far as positively identifying the man I could not do it.


Mr. BALL - Anyway, you were not able to identify any man in the lineup as the passenger?
Mr. McWATTERS - No, sir.
Mr. BALL - As the passenger who had gotten on?
Mr. McWATTERS - No, sir.

Mr. BALL - You didn't--as I understand it, when you were at the police lineup, you told us that you didn't--weren't able to identify this man in the lineup as the man who got off, that you gave the transfer to.
Mr. McWATTERS - I told them to the best of my knowledge, I said the man that I picked out was the same height, about the same height, weight and description. But as far as actually saying that is the man I couldn't--
Mr. BALL - You couldn't do it?
Mr. McWATTERS - I wouldn't do it and I wouldn't do it now.

This. This renders the transfer, or the condition of the transfer, or both, MOOT.

Yes, you are absolutely right here, Mr. Cross.