Fact #101557
When:
Short story:
The trial of Jimi Hendrix on drugs charges continues in Toronto, Ontario, Canada. Hendrix admits that he had often used drugs but denies the specific incident with which he is charged.Full article:
Bob Levine (Hendrix staff) : He dictated this shopping list of illegal substances that he had experimented with throughout his life - from acid to Valium - for what seemed like an eternity. He admitted that he had a problem, but assured the judge and jury that someone had placed the heroin in his bag without his knowledge. I could see that his frank, honest approach impressed them. The jury expected him to be flashy and confrontational, but he was humble, and that won them over.
(Source : not known)
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HERE FOLLOWS A TRANSCRIPT OF COURT PROCEEDINGS ON DECEMBER 9, 1969??DIRECT EXAMINATION BY MR. O'DRISCOLL:??Q. Mr. Hendrix, what education do you have??
Jimi Hendrix : Up to 11th grade.??Q. Now, when the Court rose yesterday afternoon, I believe we had reached the point where we discussed the matter that you arrived at Malton - Toronto International Airport at Malton, on Saturday, May 3, 1969 at about 2 p.m. I think you told His Honour and the Gentlemen of the Jury you came to Toronto from Detroit. Is that correct??
Jimi Hendrix : Yes.??Q. And that you came with others of your group; that is, those who play in the group with you, plus the others of your road tour group, the road manager and accountant and so forth, and I think you had also told us that you had played a concert in Detroit the night before, which was May 2. Is that correct???THE COURT: Excuse me...??THE CLERK OF THE COURT: Are there any witnesses in the courtroom? All witnesses are excluded.??By MR. O'DRISCOLL: ??Q. Now, prior to playing in Detroit, your concert in Detroit, do you remember where you had last played a concert??Jimi Hendrix : I think it was in Los Angeles, California, USA.??Q. Do you remember the date??Jimi Hendrix : I really can't remember off hand.??Q. Now, you told us that you played Detroit on the evening of May 2. Do you remember when you came to Detroit??Jimi Hendrix : Could you repeat that, please???Q. Do you remember when you got to Detroit??Jimi Hendrix : Yes.??Q. When was that??Jimi Hendrix : I think it was the second of May.??Q. Was that the same day as you played the evening in Detroit??Jimi Hendrix : Yes.??Q. And you had come to Detroit from where??Jimi Hendrix : From Los Angeles, California, USA.??Q. I see, and where were you staying in Los Angeles??Jimi Hendrix : We stayed at an hotel called the Beverly Rodeo Hotel.??Q. Which is situated where??Jimi Hendrix : In Beverly Hills.??Q. California??Jimi Hendrix : Yes.??Q. Now, do you recall, Mr. Hendrix, what time your concert started and what time it finished in Detroit??Jimi Hendrix : I don't recall off hand the exact time it started. I believe it finished at 12. It may have started at about eight or nine.??Q. And did you go to bed right after the concert, or do you recall??JIMI HENDRIX : I guess I went to bed about 2 o'clock.??Q. Do you remember what time you got up in the morning??JIMI HENDRIX : Not exactly. It must have been...??Q. We have been told that the plane arrived at Malton at about 2 o'clock.?JIMI HENDRIX : Yes. That's true.??Q. Now, at this point, May 2 and 3 of this year, were you just starting a tour or were you in the middle of one, or were you just ending, or do you recall??JIMI HENDRIX : It was in the middle.??Q. The middle of a tour??JIMI HENDRIX : Yes.??Q. Now, when you got off the plane did you get off alone or with some of your group??JIMI HENDRIX : No. We got off with the regular people that we work with. We got off with them.??Q. And do you remember at all, or in any detail, how you were dressed at that time??JIMI HENDRIX : It was what they call conspicuous, I guess.??Q. Conspicuous. Not like you are today??JIMI HENDRIX : No.??Q. All right. Do you recall what luggage or what baggage you had with you??JIMI HENDRIX : I think I had about five pieces in all, five pieces of luggage.??Q. Do you remember any description of them??JIMI HENDRIX : There was about two or three zip suitcases and, I think, two airline bags.??Q. Two airline bags??JIMI HENDRIX : Yes.??Q. Mr. Registrar, may I see Exhibit 4? Now you say "airline bags," you mean something like Exhibit 4, which I have in my hand??JIMI HENDRIX : Yes.??Q. You believe you had two of these??JIMI HENDRIX : Yes.??Q. And you had two, what you would call suitcases??JIMI HENDRIX : Yes. They were zip suitcases.??Q. This Exhibit 4, which I have, has on it "United," blue and white, and it also has "Hawaii" on it. Is that correct??JIMI HENDRIX : I guess so. I take your word for it. Yes.??Q. It is on both sides.?JIMI HENDRIX : Yes.??Q. Now, this Exhibit 4, do you recall whether this was checked or whether you were carrying it??JIMI HENDRIX : I don't understand the question.??Q. Had you checked this through or were you carrying this on the plane with you? Did you carry it on the plane and off the plane, or do you recall???JIMI HENDRIX : Well, I was carrying a couple of bags on the plane. I don't know if that was one of them. I believe I was carrying one similar to that.?Q. And after you got off the airplane and you walked...??THE COURT: Just a moment. I am not too sure of this. You say "one similar to that," do you mean not that one, or one similar, or do you mean it could have been that one? Which do you mean???JIMI HENDRIX : I can't remember, but I was carrying approximately two bags.??THE COURT: Go ahead.??BY MR. O'DRISCOLL:??Q. You got off the airplane and you walked in to the building and I assume you went up the escalator and so forth, and did you get to the customs area??JIMI HENDRIX : Yes.??Q. And what, if anything, did you do with regard to the baggage that you were not carrying??JIMI HENDRIX : I went to the baggage claim and got the bags that were - the bags from there, and took it to the Customs area. Then I started carrying the bags to the counter and set them down on the counter, so I set that one on there first...??Q. You are referring to Exhibit 4??JIMI HENDRIX : Yes.??Q. You set this one on the counter??JIMI HENDRIX : First, and I went back to get the other ones. By the time I got back to the counter the Customs Officer was in the bag. He had a bottle in his hand by the time I got back.??Q. I see, Mr. Hendrix, this closes up by a zip??JIMI HENDRIX : Zipper.??Q. There is no lock to fasten it in any way??JIMI HENDRIX : No.??Q. You say the Customs Officer had a bottle in his hand. Do you recall what the bottle was like??JIMI HENDRIX : Yes. It was like the one you have in your hand.??Q. You are referring to Exhibit 1??JIMI HENDRIX : Yes.??Q. What did the Customs Officer do with Exhibit 1??JIMI HENDRIX : He was unscrewing the cap and he poured the contents out in his hand - little packets.??Q. Did he show you the contents??JIMI HENDRIX : Yes. He showed them to me, but as he was showing them to me he was asking, "What's this?"??Q. I show the contents of the envelope marked Exhibit 2, which we have been told were in this bottle. Is that what he showed you??JIMI HENDRIX : Yes.??Q. What, if anything, did you reply to him??JIMI HENDRIX : When he said "What's this?" I said, "I really don't know what it is. I believe somebody must have given it to me." Something similar to that.??Q. Right. Can you tell us what happened then??JIMI HENDRIX : Then he asked me over again and I kept saying, "No." By this time one of his colleagues came around and asked what was going on or something and he said, "Do you think I should hold this?" ...I don't know. I can't remember exact words.??Q. Yes? ?JIMI HENDRIX : And I was standing there waiting on these things, and they took me around to a room, as somebody else was searching my bags. They took me and my bags to another room and they searched me there and kept asking me what they were and I kept telling them, "I don't know. I don't know." By the time I got to the room I said, "I don't know. It might be Bromo-Seltzer," and he pulled out a tube and pulled out some kind of comb.??Q. Now, you say a tube. I show you what has been marked as Exhibit 3, an aluminum or stainless steel tube, with a black tip on the end of it. ?JIMI HENDRIX : Yes. This is it.??Q. Now, the Officer has told us that Exhibit 3, this tube, was found in this same bag, Exhibit 4. Is that... ?JIMI HENDRIX : Yes. It was found in the same bag.??Q. Now, looking at Exhibit 4, I find this; do you know what this is??JIMI HENDRIX : No, I don't. It was given to me also.??THE COURT: When???JIMI HENDRIX : I can't remember the exact date now.??THE COURT: Did you know it was there???JIMI HENDRIX : Yes, I knew it was there, yes.??BY MR. O'DRISCOLL:??Q. Now, looking at this Exhibit 4, Mr. Hendrix, we find... ?JIMI HENDRIX : Yes.??Q. A spray. And we find a bottle of.... what is that??JIMI HENDRIX : It is for hair.??Q. We have also produced this, which you say you don't know what it is, somebody gave it to you. We also find in there... what is that??JIMI HENDRIX : It is a cream shampoo.??Q. Cream shampoo. We find another bottle. Do you know what that is??JIMI HENDRIX : Those are vitamin C pills.??Q. We find this. It is a... what do you call this - a pocket book, entitled, You Can Change Your Life Through Psychic Power, by Jo Anne Chase as told to Constance Moon. Is that yours??JIMI HENDRIX : It was given to me, yes.??Q. There is also a piece of paper, a purple piece of paper with writing on it. Is that your writing??JIMI HENDRIX : No. It is a letter that was sent to me. ??THE COURT: I didn't hear that.??WITNESS: This is from a letter that was sent to me, Your Honour.??BY MR. O'DRISCOLL:??Q. I have a pink bottle. Do you know what that is??JIMI HENDRIX : It is a cream rinse.??Q. Cream rinse. I also find in here a postcard. Where is that postcard of??JIMI HENDRIX : It is the entrance of the Beverly Rodeo Hotel. You mean the picture???Q. Yes. The entrance of the Beverly Rodeo Hotel. Is that the hotel you have spoken about earlier??JIMI HENDRIX : Yes.??Q. There is writing on the back. Do you know whose writing that is??JIMI HENDRIX : It is mine.??Q. It is yours??JIMI HENDRIX : Yes.??Q. There is also a picture of a young child. ?JIMI HENDRIX : Yes.??Q. Do you know who that is??JIMI HENDRIX : Yes??Q. We also find in the bottom, this. What is this??JIMI HENDRIX : That was given to me also. It was from some Hell's Angel jacket or something. I don't know.??Q. And I also find at the bottom of the bag an American 10-cent piece and two American one-cent pieces.??MR. MALONE: Would you mind just leaving it out???MR. O'DRISCOLL: Yes. I am sorry.??Q. Now, we have also heard, Mr. Hendrix, about a tile. Did the officers find a piece of tile??JIMI HENDRIX : Yes. They found it in my pocket.??Q. Found a piece of tile in your pocket??JIMI HENDRIX : Yes.??Q. And do you know what that was? Can you tell His Honour and the Gentlemen of the Jury what that tile was??JIMI HENDRIX : It is a piece of tile to stick a piece of incense in and you stick it on the mantle piece or anywhere you want it, and it gives off a fragrance. It has a little hole all the way through it.??Q. And did the Officers seize that, as well??JIMI HENDRIX : Yes.??Q. My friend has produced, Your Honour, a brown envelope. Inside I find a tile. Is that the tile in question??JIMI HENDRIX : Yes.??THE COURT: May I see it, please. A tile like you might use in a bathroom wall; is that the type???BY MR. O'DRISCOLL: ?Q. A ceramic tile. Is that right??JIMI HENDRIX : Yes.??Q. This tile was wrapped in paper, I presume.??Your Honour, may I have the envelope - the brown envelope with the tile inside, marked as Exhibit 7???THE COURT: I presume it didn't have the scotch tape around it???THE WITNESS: No, it didn't.??EXHIBIT 7: Envelope containing ceramic tile.??MR. O'DRISCOLL: Your Honour, my friend has produced to me a Certificate of Analysis, which I would ask to be marked as the next exhibit, with regard to this piece of tile, as analyzed by the Dominion Analyst and found to contain no narcotic.??THE COURT: Just a moment. How relevant is this???MR. MALONE: Your Honour, I didn't think it was too relevant and I didn't put it in. It is not properly introduced now, of course, but I am quite agreeable to have my friend introduce it.??THE COURT: If it is done by agreement, then there is no problem. ??MR. O'DRISCOLL: I do believe, Your Honour, if I am not mistaken, that the RCMP officer yesterday, during the course of his evidence, mentioned one of the things that was seized was a piece of tile from his pocket.??THE COURT: Yes. He did say that.??MR. O'DRISCOLL: Might the certificate be Exhibit 8, Your Honour???THE COURT: Yes.??EXHIBIT 8: Certificate of Dominion Analyst relating to Exhibit 7.??BY MR. O'DRISCOLL:??Q. Now, Mr. Hendrix, this room in the Beverly Rodeo Hotel in Beverly Hills, California, USA. Can you describe this room to us??JIMI HENDRIX : It was a small room. As you walk in, to your right there is a closet and about two feet of wall, and then there is a bed and straight ahead is a couch. To your left there is a TV and bathroom and straight ahead, behind the couch, is windows. There is a very small hallway - a small little hall passage.??Q. Now, looking at Exhibit 1 and the contents of it, Exhibit 2, do you know where they came from??JIMI HENDRIX : As far as I can remember it came from a girl that handed it to me.??Q. Let's go back. Where were you at this time??JIMI HENDRIX : I was in my hotel room.??Q. Where??JIMI HENDRIX : In Beverly Hills. It was crowded with a lot of people there.??Q. What day was this - or what month are we talking about??JIMI HENDRIX : Let's see, what day was it? It was the day before we left Los Angeles going to Detroit.??Q. The day you left Los Angeles for where??JIMI HENDRIX : For Detroit.??Q. All right. You have told us that you got to Detroit - you performed in Detroit on the second, and you got there on the second. So the day before, is that - what, the first of May??JIMI HENDRIX : The day before we went to Detroit. I don't know what day it was.??Q. All right. The day before you went to Detroit. Can you tell us what time of day we are talking about??JIMI HENDRIX : This was about the early evening.??Q. And where were you??JIMI HENDRIX : I was in my hotel room. I was doing some interviews.??Q. Were you alone??JIMI HENDRIX : No, I was not. There were a lot of people there.??Q. Do you recall any person in that room by name??JIMI HENDRIX : Yes. There was one person there - she was doing an interview with me, her name is Sharon Lawrence.??Q. Now, can you tell us what your physical situation was at the time; how were you feeling??JIMI HENDRIX : I didn't feel very good at all. There were so many people there and I had an upset stomach, plus I was trying to be nice to everybody, you know, and I just didn't feel very good at all. I wanted to see if I could get rid of everybody in the most polite way possible, so I could be to myself, and Sharon and I was doing an interview together and I made it known that I didn't feel so good. I asked everybody politely to leave - the door was open and everybody was coming in and out, the usual scene in hotels.??Q. The door was open??JIMI HENDRIX : The door was open, yes.??Q. And did anything happen??JIMI HENDRIX : Like I said before, I was trying to get rid of everybody and I think I told Sharon, and somebody said, "Maybe you might need a Bromo-Seltzer," and at the same time there was a girl at the door, she stepped in and handed me this bottle and said, "Maybe this might make you feel better," and I said, "Thank you very much." I didn't study the bottle, I didn't look at it too much. I threw it in my bag.??Q. Just a moment. You say what you received from this girl - can you tell us what you received from her??JIMI HENDRIX : Yes. The bottle in your hand.??Q. You received this from her??JIMI HENDRIX : Yes.??Q. Was there anything in it??JIMI HENDRIX : I really couldn't say. I didn't look in it. I just received it as a gift and I was trying to be nice.??Q. What did you do with it??JIMI HENDRIX : I threw it in my bag. ??Q. Where was your bag??JIMI HENDRIX : It was behind me. I had the bags laying on the floor, all packed up with the zippers open. I had them laying there and I said, "Thank you very much, but I really must get some rest."??Q. You put it in the bag??JIMI HENDRIX : Right.??Q. Did you unscrew the top or examine the contents??JIMI HENDRIX : No, I didn't.??Q. Talking about receiving things; did you receive anything else at that time from anybody else??JIMI HENDRIX : Oh, yes. I received, I believe, a box of candy... you mean the same day???Q. Yes.?JIMI HENDRIX : Yes. I believe it was a box of candy and... I don't know, other things. Maybe a book or something. I can't remember. I really can't remember.??Q. All right. Now, after this happened, did everyone stay or did everyone leave, or what happened??JIMI HENDRIX : No. Eventually everyone left, because I guess they finally picked up on how I was feeling. I didn't mean to be rude, but I was a bit rude when I threw the bottle in the bag. So... like, everybody was gradually leaving then. After they left I laid down and took a nap.??Q. You told us about tossing this in the bag that evening. Can you recall, was the bag empty or were there other things in the bag at the time??JIMI HENDRIX : There was other things in the bag. It was almost filled with things.??Q. You were leaving the next day for Detroit??JIMI HENDRIX : Yes.??Q. Now, I gather from what you have told us, that the zipper on the bag was open and you threw it in the bag.?JIMI HENDRIX : Yes.??Q. What next did you have to do with this bag??JIMI HENDRIX : Nothing, except the morning that we was going to leave, I had another bag in the bathroom, so I put all the toilet articles in there. Everything was all packed and everything, all I would have to do was zip everything up and the bags would be taken downstairs to the car to go to the airport. So there was nothing else I did with that bag, except zip it up, either that night or the next morning, I can't remember.??Q. And you took this bag with you to Detroit??JIMI HENDRIX : Yes.??Q. Do you recall, or do you know, or do you remember what, if anything, you did with this bag while you were in Detroit??JIMI HENDRIX : I just put all my bags in the closet. We were only there for one performance so there was nothing I needed, except the toilet article bag I had. I had another bag, too.??Q. Did you have an occasion to go into this bag??JIMI HENDRIX : No, not at all. I didn't need to. ??Q. When was The Next Time that this bag was opened??JIMI HENDRIX : The Next Time was at the airport here in Toronto.??Q. All right. Now, let's look at Exhibit 3, this tube. The Customs Officers have told this Court that they also found this tube in Exhibit 4, together with Exhibit 1 and its contents, Exhibit 2. What can you tell His Honour and the Gentlemen of the Jury as to where this came from??JIMI HENDRIX : I believe it must have been given to me, too. It was given to me.??Q. It was given to you??JIMI HENDRIX : Yes.??Q. Did you ever, in any way, use this??JIMI HENDRIX : No.??Q. We have heard, and you have been in Court and have heard, that there were traces of hashish found on the inside of this tube. ?JIMI HENDRIX : Yes.??Q. Were you aware of that??JIMI HENDRIX : No, I was not.??Q. Do you know when and how and by whom this Exhibit 3 got into Exhibit 4, the bag??JIMI HENDRIX : I really can't remember. You know, it was given to me, so I guess I threw it into the bag. I don't know when I got it... it must have been on the West Coast during the six days we were out there. I think it might have been at Oakland.??Q. Did you notice anything about the tube; anything about the inside of the tube??JIMI HENDRIX : You mean when I received it ? Like, when I got it???Q. Yes.?JIMI HENDRIX : No.??Q. Or at any time??JIMI HENDRIX : No.??Q. Mr. Hendrix, you have told us you receive gifts. Do you get anything that might be called extraordinary types of gifts??JIMI HENDRIX : Yes. We get all kinds of gifts.??Q. Such as what??JIMI HENDRIX : I received a few paintings that was very big - about like this (indicating), and we have received teddy bears and even pieces of string, yarn...??Q. Yarn??JIMI HENDRIX : Yes. We get everything; fountain pens, scarves.??Q. Now, just tell me this; at what locations are you when you when you receive these things??JIMI HENDRIX : It doesn't make any difference. You know, you can be at the airport to receive anything; you can be in the hotel lobby; you can be on stage, in the hotel room, in the hallways, in your dressing room - anywhere. Anywhere you might be seen.??Q. The day that this happened at Malton Airport, I gather from what Customs Officers have told us, it commenced at about 2 o'clock, were you eventually arrested??JIMI HENDRIX : Yes.??Q. And were you bailed out? ?JIMI HENDRIX : Yes. I was bailed out that evening.??Q. Did you have a performance in Toronto that evening??JIMI HENDRIX : Yes, we did.??Q. Where??JIMI HENDRIX : The Maple Leaf... something.??Q. The Maple Leaf Gardens??JIMI HENDRIX : Yes.??Q. What time??JIMI HENDRIX : I really can't remember exactly what time the show started. I think the show started at 8 o'clock.??Q. Were you there??JIMI HENDRIX : At 8???Q. Were you there for the show??JIMI HENDRIX : Oh, yes. We was there for the show, yes.??Q. Do you remember how long, prior to the show, you were released on bail??JIMI HENDRIX : Let me see... could you ask that again???Q. Maybe we will put it around another way. From the time the Customs Officers first spoke to you until you were free to go, do you know what period of time went by??JIMI HENDRIX : It must have been... I guess it must have been about... almost six hours, I guess.??Q. Now, have you ever received - prior to what you have told us about - presents which were drugs??JIMI HENDRIX : Yes.??Q. Can you tell His Honour and the Gentlemen of the Jury in what form they came to you??JIMI HENDRIX : Well, sometimes we would get packages of marijuana, which would be either in cellophane or tinfoil, or maybe in little cookie packs or a cigarette box or something, and they might be rolled up in cigarette paper and we receive hashish sometimes in blocks or hash cookies or cakes...??Q. Hash cookies??JIMI HENDRIX : Yes.??Q. What do you mean by that??JIMI HENDRIX : Hashish that has been crumbled up and mixed in with a batter to make some cookies.??Q. And it comes to you in the form of cookies??JIMI HENDRIX : That's right. Sometimes cakes.??Q. Cakes as well??JIMI HENDRIX : Yes. I had a hash cake for my birthday one time in Ireland. I was celebrating my birthday and three or four cakes came in and there was one lump like that in the middle of a cake as we were cutting it.??Q. Now, what about the mails. Did you ever receive anything that way??JIMI HENDRIX : Yes. Well, I have received LSD through the mail.??THE COURT: What???JIMI HENDRIX : LSD, Your Honour, on blotting paper wrapped in tinfoil, through the mail, from France, Europe.??BY MR. O'DRISCOLL:
?Q. Now, can you tell us, Mr. Hendrix, have you travelled on tour throughout England and Continental Europe??JIMI HENDRIX : Yes.??Q. Any place else, besides the United States??JIMI HENDRIX : Yes. All over Canada and the United States, all over Europe, England.??Q. I see on Exhibit 4, "Hawaii" marked. Have you toured Hawaii??A, Yes. I'm sorry. Hawaii, too.??Q. Now, can you tell us, the search of your baggage and search of yourself at Malton Airport on May 3rd of this year, was that something usual or unusual??JIMI HENDRIX : Well, what they did to me... the way they searched me was, like, they took off my clothes and they went through the bags two or three times.??Q. Has that ever happened to you before??JIMI HENDRIX : Yes, it has happened before. It's happened a few times before.??Q. Where??JIMI HENDRIX : This happened in Paris; this happened in America and Canada.??Discussion in the absence of the Jury??BY MR. O'DRISCOLL:?
Q. Mr. Hendrix, I don't want to belabour this, but you told us about gifts and so forth; do you have anything on right now??JIMI HENDRIX : Yes. This little trinket around my neck is, like, a gift, this bracelet is a gift, these rings are gifts. It was given to us one time or another across the country as we play our tours.??Q. Now, going back to Malton Airport on the afternoon of Saturday, May 3rd, were you asked questions by a number of persons during that afternoon??JIMI HENDRIX : Yes.??Q. Do you remember approximately by how many people you were questioned??JIMI HENDRIX : About six people. Six different people.??Q. And do you know who those people were??JIMI HENDRIX : I believe about two Customs Officers - or three or four, I can't remember. There were two Police Officers that asked me questions - there was a person from Narcotics, he was asking me questions. There was people asking all the time - sometimes at the same time.??Q. How long did this go on, Mr. Hendrix??JIMI HENDRIX : This went on for about - I guess about four hours. I can't remember ... about four hours.??Q. And do you remember all the questions that were asked you??JIMI HENDRIX : I can remember some of them, yes.??Q. Do you remember all the answers you gave??JIMI HENDRIX : Like, I was tired and everything and, you know, we were playing the night before. I can't remember all the answers. I can't remember the exact words I said on some of the answers.??Q. Do you remember basically what you said??JIMI HENDRIX : Yes, I do.??Q. What was that??JIMI HENDRIX : I didn't know what they were. I knew the bottle and its contents was given to me by a girl in California. I don't know if I...??Q. I'm sorry??JIMI HENDRIX : I can't remember really... if I was asked... specifically what I said. ??Q. All right. Now, have you ever used cocaine??JIMI HENDRIX : Yes.??Q. How many times??JIMI HENDRIX : Twice.??Q. How did you take it??JIMI HENDRIX : I sniffed it.??Q. Have you ever used LSD??JIMI HENDRIX : Yes.??Q. How many times??JIMI HENDRIX : Five times.??Q. Have you ever used heroin??JIMI HENDRIX : No.??Q. At any time??JIMI HENDRIX : No.??Q. Have you ever used hashish??JIMI HENDRIX : Yes.??Q. How??JIMI HENDRIX : We smoke it - I smoked it before, through a pipe.??Q. A pipe??JIMI HENDRIX : Yes.??Q. Have you ever used marijuana??JIMI HENDRIX : Yes.??Q. How??JIMI HENDRIX : Within - it is rolled up in cigarette papers, or with a pipe.??Q. Have you recently smoked marijuana??A. Not recently.??Q. Have you recently smoked hashish??JIMI HENDRIX : No.??Q. As of the 3rd May, had you smoked hashish or marijuana in or about that time??JIMI HENDRIX : As of the 3rd May???Q. Yes. That is the Malton Airport day. Had you smoked marijuana in or about that time??JIMI HENDRIX : Yes. I believe so.??Q. Where??JIMI HENDRIX : I don't remember where.??Q. In Canada??JIMI HENDRIX : I don't... No. Not in Canada.??Q. In the United States??JIMI HENDRIX : Yes.??Q. California??JIMI HENDRIX : Yes. I can't remember ... yes. I think so, yes. I have smoked it before in California.??Q. Now, is there any difference between now and say a couple of years ago, about the number of times you have smoked marihuana or smoked hashish, the difference between now and then??JIMI HENDRIX : Yes. There is a difference.??Q. What is the difference??JIMI HENDRIX : I don't smoke it as much.??Q. I see, and why is that, or is there any reason??JIMI HENDRIX : I feel I have outgrown it, you know. It doesn't do like it used to.??Q. I am sorry. I can't hear you.?JIMI HENDRIX : I have outgrown it - hashish.??Q. Now, you were released on bail on Saturday afternoon, and you have already told us you performed at Maple Leaf Gardens on the Saturday night. Where did you go then??JIMI HENDRIX : You mean after Saturday night???Q. Yes.?JIMI HENDRIX : I went back to the hotel to bed.??Q. Did you go somewhere on Sunday??JIMI HENDRIX : I think we went to Syracuse.??Q. On the Sunday??JIMI HENDRIX : I can't remember. I think we went to Syracuse The Next Time we played.??Q. Did you come back to Toronto again??JIMI HENDRIX : Yes.??Q. When was that??JIMI HENDRIX : That was on the Monday.??Q. Did you appear in Court on the Monday??JIMI HENDRIX : I came back to Toronto to take care of the case.??Q. To go to Court??JIMI HENDRIX : Yes. I suppose so.??Q. Did you come back to Toronto some time in June??JIMI HENDRIX : Yes.??Q. For the Preliminary Hearing in this case??JIMI HENDRIX : Yes.??Q. And then you have come back again for the trial??JIMI HENDRIX : Yes.??CROSS-EXAMINATION BY MR. MALONE:??Q. Mr. Hendrix, you told us this morning, earlier, that you have used marijuana??JIMI HENDRIX : Yes.??Q. And you have used hashish??JIMI HENDRIX : Yes.??Q. And you have used LSD??JIMI HENDRIX : Yes.??Q. And on occasion you have tried cocaine??JIMI HENDRIX : Right.??Q. What about amphetamines - speed??JIMI HENDRIX : No. ??Q. Pardon??JIMI HENDRIX : No, no.??Q. And you denied using heroin??JIMI HENDRIX : Yes.??Q. When did you first begin using drugs, Mr. Hendrix??JIMI HENDRIX : Which ones do you mean???Q. Well, any soft drugs, say marijuana, which I think was probably available first.?JIMI HENDRIX : I guess I tried it once about four years ago. I really don't know - I guess about four years ago.??Q. I see. That would be about 1965 - some four years after you started your band??JIMI HENDRIX : Four years ago ... before, I guess.??Q. When was it that you got out of the service??JIMI HENDRIX : I can't remember the exact date.??Q. Can you remember the year??JIMI HENDRIX : It might have been in '63.??Q. Not until '63??JIMI HENDRIX : Or '62.??Q. Between say 1962 or 1963 and today, you have earned your livelihood as an entertainer. Is that correct??JIMI HENDRIX : Yes.??Q. And would you agree with me that, because of the nature of the work, travelling, and the audiences that you play before, and the places that you play, you would be exposed to what is known as "the drug scene"??JIMI HENDRIX : We would be exposed to it, yes.??Q. You would be exposed to it, even if you were not participating??JIMI HENDRIX : Yes.??Q. You would become quite knowledgeable as to say the language used and the source of supply and so on??JIMI HENDRIX : The language used, yes.??Q. It has kind of a language of its own, hasn't it??JIMI HENDRIX : Not really. It's the same English words.??Q. I suppose during your travels and your exposure to the drug elements, that you would know people who used heroin.?JIMI HENDRIX : I have seen people that used heroin.??Q. And have you seen them use it??JIMI HENDRIX : To tell the truth, yes, I have. I have seen a person use it. ??Q. On how many occasions.?JIMI HENDRIX : About two occasions.??Q. I see. Now, I show you Exhibit 2 and the contents of Exhibit 2. These are what are commonly known as "decks" aren't they??JIMI HENDRIX : That is what the Police Officer said to me. That's the first time I heard it. That's the term he used.??Q. When you were exposed to people using heroin, what did their material come in??JIMI HENDRIX : All I see was the person put the needle into his hand.??Q. You didn't see him prepare it??JIMI HENDRIX : No.??Q. And could you tell me - you saw him put the needle in and inject, but you wouldn't see him prepare??JIMI HENDRIX : No, I wouldn't.??Q. But they all happen at the same time, don't they??JIMI HENDRIX : I really don't know.??Q. And you have already told us that when you use hashish you use a pipe. Is that right??JIMI HENDRIX : Yes. ??Q, And would it be similar to this tube that is before the Court, Exhibit 3??JIMI HENDRIX : No. It would be a pipe.??Q. Well, they use all sorts of different paraphernalia, don't they; little brass pipes and tubes and ordinary pipes, for that matter; isn't that so??JIMI HENDRIX : I really don't know. ??Q. You don't know??JIMI HENDRIX : I have seen it used with a pipe, for instance.??Q. How many times have you used it yourself??JIMI HENDRIX : I really couldn't tell you how many times.??Q. So many times that you could not remember??JIMI HENDRIX : No.??Q. I beg your pardon??JIMI HENDRIX : No.??Q. You cannot even approximate it??JIMI HENDRIX : I would say about three times.??Q. Only three times??JIMI HENDRIX : I will say that.??Q. Pardon??JIMI HENDRIX : I will say about three times.??Q. Well, don't say about three times if that is not the number that you used it.?JIMI HENDRIX : I really can't remember.??Q. You can't remember. You have told us that some of your fans send you hashish cookies and hashish cakes and LSD. Is that right??JIMI HENDRIX : Yes, they have.??Q. Why do you suppose they send you this type of material if they don't think you are going to use it??JIMI HENDRIX : Because it is their way of saying... I don't know. I really can't say. You would have to ask them. I don't know really.??Q. You can't give us any information at all.?JIMI HENDRIX : They send anything. I guess they do expect for us to use it - it has been known.??Q. Would these articles come from complete strangers??JIMI HENDRIX : Yes. Most of them do. ??Q. Some of them would come from people that would know you, though??JIMI HENDRIX : Not really. They know us only through our music.??Q. And your reputation, I suppose??JIMI HENDRIX : Well, I will say our music and our reputation.??Q. Your musical reputation.?JIMI HENDRIX : Yes.??Q. Now, just to jump ahead a little - after you were arrested in Toronto you had certain conversations with Customs Officers and Police Officers. Isn't that right??JIMI HENDRIX : Yes.??Q. And then you told my friend that you were released on bail and you went to Syracuse. You returned to Toronto and, at this particular time, you were in the middle of a tour. Is that not so??JIMI HENDRIX : Yes.??Q. And you have told us when you are on these tours you go to maybe 30 or so one-night stands, various auditoriums and so on. Is that right??JIMI HENDRIX : Yes.??Q. I was struck by the detail that you were able to give us of the hotel room you stayed in Beverly Hills. Surely you must be in a different one every night, are you not??JIMI HENDRIX : Yes.??Q. And does this one stick in the back of your mind for any particular reason??JIMI HENDRIX : Just because I stayed in the hotel before. I used to stay in Los Angeles - I used to live in the hotel the time before.??Q. This girl that you say handed you the bottle that you say was later found to contain heroin, did you know her??JIMI HENDRIX : No. ??Q. Would you recognize her if you saw her again??JIMI HENDRIX : Not really, no.??Q. Did you make any attempt to find her after you were charged??JIMI HENDRIX : No, I didn't.??Q. Now, relating to Exhibit 3, the pipe, was it the same girl that gave you this pipe with hashish on the end??JIMI HENDRIX : Not that I know of. No, it is not the same person.??Q. So you are suggesting two different people gave you narcotics on or about the same time??JIMI HENDRIX : As I said before, when I received the tube, I didn't know there was anything in it - you know. Somebody gave me the tube approximately about the same time or within a week of one another.??Q. Well, we are speaking of the tube; you say you got it and you put it in your bag. Is that right??JIMI HENDRIX : Yes.??Q. Well, can you suggest to me any possible use for that - ordinary use??JIMI HENDRIX : A pea-shooter. Maybe???Q. A pea-shooter??JIMI HENDRIX : Yes.??Q. Yes, I suppose it could be used for that, but would you normally put pea-shooters in your bag??JIMI HENDRIX : I normally put gifts in my bag.??Q. What would you use that for; why carry it around??JIMI HENDRIX : I don't know. It was a gift; we accept gifts.??Q. And all of these other articles were gifts, or did some of them belong to you??JIMI HENDRIX : This was a gift; this was a gift.??Q. You are indicating the comb and the book??JIMI HENDRIX : Somebody sent that in the mail - this picture. Somebody sent this letter in the mail. I bought this, this right here, and I just got this for free at the hotel lobby.??Q. So these are the articles you have indicated you purchased yourself??JIMI HENDRIX : Yes.??Q. Two of the articles do not appear to have been opened and certainly none of the contents have been used - I am referring to the Miracle Oil and the Avocado Cream Shampoo. They don't appear to have been opened. Would you like to open them and take a look??JIMI HENDRIX : Yes. All right.??Q. So you must have bought them very recently before your arrest. Isn't that right??JIMI HENDRIX : Right.??Q. Do you recall where you bought them??JIMI HENDRIX : I can't remember. I think it was in the... It was in Los Angeles, California, USA... I will say California. Whether either in Hollywood or Beverly Hills, I am not sure.??Q. You said that you carried your toilet articles in another bag. ?JIMI HENDRIX : That's a shaving kit and soap and toothbrush and toothpaste. ??Q. Why would you separate these articles, which appear to be toilet articles, from the other articles??JIMI HENDRIX : Because it was in a brand new bag. These were the things that were in that bag.??Q. When you put them in that bag, did you notice whether or not that little bottle containing the heroin was there??JIMI HENDRIX : No. No, it was not. It wasn't there.??Q. It was not there. You are sure of that??JIMI HENDRIX : It wasn't there when I bought... I put this in. I think I bought this at the same time, or approximately the same time as the bottle that the person gave me, that was thrown on top of all this stuff.??Q. By yourself??JIMI HENDRIX : Yes.??Q. And this person, whose name we don't know, did she say what it was when she gave it to you??JIMI HENDRIX : No. All she said was, "Maybe this will make you feel better."??Q. That's all??JIMI HENDRIX : Yes.??Q. And presumably she was a fan of yours. Is that right??JIMI HENDRIX : Yes.??Q. You are suggesting that fans of yours give you hard narcotics without telling you what it is??JIMI HENDRIX : I really don't know. You know - we had a lot of gifts and they didn't tell us what it is. They say different things here and there when they give it to us.??Q. Do you know what the price of a deck of heroin is in the Los Angeles area??JIMI HENDRIX : No. ??Q. You have never heard at all??JIMI HENDRIX : No.??Q. Have you any idea how much those three decks would be worth??JIMI HENDRIX : No, I don't.??Q. Now, when you arrived in Toronto - before you got there, you told us that you carried two of the bags on the plane with you from Detroit. Right??JIMI HENDRIX : Yes.??Q. One of which could have been Exhibit 4. Is that right??JIMI HENDRIX : Yes. ??Q. Can you give me an explanation why you would take this bag with this paraphernalia on the plane and not check it through??JIMI HENDRIX : Because of all the glassware inside here. If I checked it in the thing below - the baggage carrier, it might have broke, and they don't usually check these - they don't usually put these in the baggage compartment of the plane.??Q. It wasn't your intention to use any of these things between Detroit and Toronto, I take it??JIMI HENDRIX : Not really. I really can't remember what I was going to do. I just bought some things, and I never used this before, so I just bought it - Avocado Cream Rinse.??Q. And it is a very short flight from Detroit??JIMI HENDRIX : I believe it is less than an hour from Detroit to Toronto.??Q. Had you been to Toronto before this time, Mr. Hendrix??JIMI HENDRIX : Yes.??Q. Can you tell me how many times??JIMI HENDRIX : At least twice before.??Q. And had you arrived by plane??JIMI HENDRIX : Yes.??Q. Would it be a fair statement to say that, in spite of all the airports that you must go through, that you would be at least familiar with Canada Customs procedures??JIMI HENDRIX : I have heard a lot about it.??Q. And would it be fair to say - while we are on it - that you were treated very fairly by both Customs Officers and the Police Officers in the course of their investigation??JIMI HENDRIX : I was treated... I wasn't man-handled or anything.??Q. They were quite polite, weren't they??JIMI HENDRIX : Yes.??Q. In fact, I even suggest to you, that at one time you even complimented them on their behaviour??JIMI HENDRIX : I might have.??THE COURT: Pardon???JIMI HENDRIX : I said. 'I might have', Your Honour.??BY MR. MALONE:??Q. You told my friend you could not remember when you played in Los Angeles??JIMI HENDRIX : Yes. I can't remember the exact date.??Q. Was it after that date when this girl gave you this bottle??JIMI HENDRIX : No. It was before. I think it was before.??Q. You are not sure??JIMI HENDRIX : No.??Q. Now, it would have been very easy to check what date it was, wouldn't it??JIMI HENDRIX : Yes.??Q. Because it has some significance as to how long you might have had the bottle in your possession. Isn't that right??JIMI HENDRIX : Yes. I guess it is.??Q. You didn't check??JIMI HENDRIX : I am not sure. We had an itinerary and it has all the dates marked down on the itinerary.??Q. And it would have been a simple matter for you to refer to your itinerary to find out what date you played Los Angeles??JIMI HENDRIX : Yes.??Q. But you just didn't do it??JIMI HENDRIX : Yes, I did, but I just can't remember the dates and there are other matters on my mind. ??Q. As I understand your evidence, when you arrived at Toronto you put the flight bags up on the Customs counter. Is that right??JIMI HENDRIX : Yes.??Q. Were you in a line of people??JIMI HENDRIX : Let's see. There was a lot of people coming in - there were at least nine of us and there were a lot of other people, and a Customs Officer, if I remember correctly, waved me down towards the last booth, or the last counter.??Q. And did he process you right at that time??JIMI HENDRIX : Like I said, I brought some bags down there - as he was waving me down there I brought some bags with me and I went back to collect some other bags.??Q. I suggest to you what happens is if you have hand luggage, you carry that with you, and wait for your other bags to come off the plane.?JIMI HENDRIX : Yes.??Q. And you pick up all your bags and take them to the Customs counter??JIMI HENDRIX : Yes.??Q. And sometimes you have to wait quite a while??JIMI HENDRIX : Yes. Sometimes you have to wait.??Q. And on this particular occasion you said you put your hand luggage or flight bags on the counter and went back to fetch your other luggage??JIMI HENDRIX : Yes.??Q. Where was your other luggage; had it not arrived yet? ?JIMI HENDRIX : If I remember correctly it is a turn-table.??Q. That's right.?JIMI HENDRIX : And if I remember correctly, I picked up all my bags, at least five, and set them down one at a time, or two - I set them down and after they were off the turntable I picked up - I think it was this bag and another one, and took them over to the counter and went back to where I left the bags and picked them up to take them to the counter.??Q. As I understand it, it was apparently while you were away getting your other bags that the Customs Officer found this bottle.?JIMI HENDRIX : Yes.??Q. And when you returned he held it up and said, "What is this?"?JIMI HENDRIX : Yes.??Q. And you replied, according to his evidence and you agree with him, "Oh, no. I don't really know what it is. Someone must have put it in my bag." Right??JIMI HENDRIX : I said, "I really don't know what it is. Someone must have given it to me."??Q. How did you know it was yours??JIMI HENDRIX : Pardon???Q. How did you know where it came from??JIMI HENDRIX : Because there was something like this - this was the only bag sitting on the counter, so common sense told me it must have come from this bag.??Q. But spontaneously you acknowledged it came from your bag. When he said, "What is this?" you didn't say, "Where did you get it?" or anything like that, you said, "Someone must have put it in my bag." That is the way I understand all the evidence, Mr. Hendrix - correct me if I am wrong.?JIMI HENDRIX : That's what I did. I said, "I don't really know what it is. Someone must have given it to me."??Q. But you didn't, as I understand it, see him take it out of your bag??JIMI HENDRIX : I really can't remember exactly. All I can say is I presumed it came from the bag.??Q. Would you agree with me, in your evidence in chief, you said that while you were away the Customs Officer must have taken it out of your bag and when you returned he showed it to you. Didn't you tell my friend that when he was examining you??JIMI HENDRIX : Yes, I think so. I can't...??Q. So you just assumed it came from your bag??JIMI HENDRIX : Yes.??Q. The first Customs Official, Officer Wilson, said that he saw this tube in your bag when he made his first examination, but didn't attach any significance to it. Were you present when he searched the bag??JIMI HENDRIX : Yes, I was. I was present.??Q. Did you see this tube in your bag when the first search was made??JIMI HENDRIX : Yes, I did.??Q. And did it have any significance?JIMI HENDRIX : No.??Q. It didn't. And how much time would you say elapsed between the time that they found the bottle and the time that they found the tube - or when you attached some importance to the tube??JIMI HENDRIX : I think it might have been, say, about maybe an hour.??Q. I see. ?JIMI HENDRIX : I really can't say. I really can't say. I will say half an hour. ??Q. Had the members of the RCMP or the Metro Drug Squad arrived? ?JIMI HENDRIX : This person that was dressed in an ice hockey - you know, jacket - he was the was the only person that really started asking me about the tube.??Q. I see. Are you referring to Detective Midgley; do you know him by name??JIMI HENDRIX : No. It was another person. He stated he worked on the Narcotics Squad or something.??Q. Now, I show you Exhibit 7. This was found on your person, this piece of ceramic tile, wasn't it? ?JIMI HENDRIX : Yes, it was.??Q. Do you know where you had it??JIMI HENDRIX : I think I had it in my pocket.??Q. But you don't remember which pocket??JIMI HENDRIX : No, I don't. ??Q. And it appears to be burnt in the centre. Could you explain that; or have you already explained it??JIMI HENDRIX : Yes. I think I have done so. ??Q. Could you explain it again, please??JIMI HENDRIX : There is still a piece of incense in there. It must have burnt all the way down to the tile itself.??Q. And what do you do with this??JIMI HENDRIX : I really don't remember. I think I may have put incense in there.??Q. You might have??JIMI HENDRIX : Yes. Or it might have been given to me. I had incense in there.??Q. What do you burn incense for??JIMI HENDRIX : For the nice smell.??Q. Would you agree with me that, knowing about marijuana users, that it is sometimes used to cover the marihuana smell??JIMI HENDRIX : Yes. It is sometimes used for that and for bad kitchen odours.??Q. And you really can't recall how that got in your pocket??JIMI HENDRIX : No. Someone might have given it to me.??Q. Am I safe in saying it was not for your bad kitchen odours??JIMI HENDRIX : No. I don't have a kitchen.??Q. Mr. Hendrix, I realize you have a busy schedule, but after you were released on bail did you do anything to attempt to explain how this material got in your luggage??JIMI HENDRIX : I don't understand the question. Could you ask it again, please???Q. You are charged with, I think you will agree, a serious offense and your evidence is you really don't know how it got there or who put it there. Is that right??JIMI HENDRIX : That's what I said, yes. That is what I said at first because there was a lot of questions being asked and I vaguely remembered that yellow top. That's all I remembered - that yellow top. At first I said I didn't really know what it was and kept on saying it. After we got inside the search room I started thinking about the yellow top and I must have had it somewhere, so I said it might be Bromo-Seltzer.??Q. And that wasn't really my
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HERE FOLLOWS A TRANSCRIPT OF COURT PROCEEDINGS ON DECEMBER 9, 1969??DIRECT EXAMINATION BY MR. O'DRISCOLL:??Q. Mr. Hendrix, what education do you have??
Jimi Hendrix : Up to 11th grade.??Q. Now, when the Court rose yesterday afternoon, I believe we had reached the point where we discussed the matter that you arrived at Malton - Toronto International Airport at Malton, on Saturday, May 3, 1969 at about 2 p.m. I think you told His Honour and the Gentlemen of the Jury you came to Toronto from Detroit. Is that correct??
Jimi Hendrix : Yes.??Q. And that you came with others of your group; that is, those who play in the group with you, plus the others of your road tour group, the road manager and accountant and so forth, and I think you had also told us that you had played a concert in Detroit the night before, which was May 2. Is that correct???THE COURT: Excuse me...??THE CLERK OF THE COURT: Are there any witnesses in the courtroom? All witnesses are excluded.??By MR. O'DRISCOLL: ??Q. Now, prior to playing in Detroit, your concert in Detroit, do you remember where you had last played a concert??Jimi Hendrix : I think it was in Los Angeles, California, USA.??Q. Do you remember the date??Jimi Hendrix : I really can't remember off hand.??Q. Now, you told us that you played Detroit on the evening of May 2. Do you remember when you came to Detroit??Jimi Hendrix : Could you repeat that, please???Q. Do you remember when you got to Detroit??Jimi Hendrix : Yes.??Q. When was that??Jimi Hendrix : I think it was the second of May.??Q. Was that the same day as you played the evening in Detroit??Jimi Hendrix : Yes.??Q. And you had come to Detroit from where??Jimi Hendrix : From Los Angeles, California, USA.??Q. I see, and where were you staying in Los Angeles??Jimi Hendrix : We stayed at an hotel called the Beverly Rodeo Hotel.??Q. Which is situated where??Jimi Hendrix : In Beverly Hills.??Q. California??Jimi Hendrix : Yes.??Q. Now, do you recall, Mr. Hendrix, what time your concert started and what time it finished in Detroit??Jimi Hendrix : I don't recall off hand the exact time it started. I believe it finished at 12. It may have started at about eight or nine.??Q. And did you go to bed right after the concert, or do you recall??JIMI HENDRIX : I guess I went to bed about 2 o'clock.??Q. Do you remember what time you got up in the morning??JIMI HENDRIX : Not exactly. It must have been...??Q. We have been told that the plane arrived at Malton at about 2 o'clock.?JIMI HENDRIX : Yes. That's true.??Q. Now, at this point, May 2 and 3 of this year, were you just starting a tour or were you in the middle of one, or were you just ending, or do you recall??JIMI HENDRIX : It was in the middle.??Q. The middle of a tour??JIMI HENDRIX : Yes.??Q. Now, when you got off the plane did you get off alone or with some of your group??JIMI HENDRIX : No. We got off with the regular people that we work with. We got off with them.??Q. And do you remember at all, or in any detail, how you were dressed at that time??JIMI HENDRIX : It was what they call conspicuous, I guess.??Q. Conspicuous. Not like you are today??JIMI HENDRIX : No.??Q. All right. Do you recall what luggage or what baggage you had with you??JIMI HENDRIX : I think I had about five pieces in all, five pieces of luggage.??Q. Do you remember any description of them??JIMI HENDRIX : There was about two or three zip suitcases and, I think, two airline bags.??Q. Two airline bags??JIMI HENDRIX : Yes.??Q. Mr. Registrar, may I see Exhibit 4? Now you say "airline bags," you mean something like Exhibit 4, which I have in my hand??JIMI HENDRIX : Yes.??Q. You believe you had two of these??JIMI HENDRIX : Yes.??Q. And you had two, what you would call suitcases??JIMI HENDRIX : Yes. They were zip suitcases.??Q. This Exhibit 4, which I have, has on it "United," blue and white, and it also has "Hawaii" on it. Is that correct??JIMI HENDRIX : I guess so. I take your word for it. Yes.??Q. It is on both sides.?JIMI HENDRIX : Yes.??Q. Now, this Exhibit 4, do you recall whether this was checked or whether you were carrying it??JIMI HENDRIX : I don't understand the question.??Q. Had you checked this through or were you carrying this on the plane with you? Did you carry it on the plane and off the plane, or do you recall???JIMI HENDRIX : Well, I was carrying a couple of bags on the plane. I don't know if that was one of them. I believe I was carrying one similar to that.?Q. And after you got off the airplane and you walked...??THE COURT: Just a moment. I am not too sure of this. You say "one similar to that," do you mean not that one, or one similar, or do you mean it could have been that one? Which do you mean???JIMI HENDRIX : I can't remember, but I was carrying approximately two bags.??THE COURT: Go ahead.??BY MR. O'DRISCOLL:??Q. You got off the airplane and you walked in to the building and I assume you went up the escalator and so forth, and did you get to the customs area??JIMI HENDRIX : Yes.??Q. And what, if anything, did you do with regard to the baggage that you were not carrying??JIMI HENDRIX : I went to the baggage claim and got the bags that were - the bags from there, and took it to the Customs area. Then I started carrying the bags to the counter and set them down on the counter, so I set that one on there first...??Q. You are referring to Exhibit 4??JIMI HENDRIX : Yes.??Q. You set this one on the counter??JIMI HENDRIX : First, and I went back to get the other ones. By the time I got back to the counter the Customs Officer was in the bag. He had a bottle in his hand by the time I got back.??Q. I see, Mr. Hendrix, this closes up by a zip??JIMI HENDRIX : Zipper.??Q. There is no lock to fasten it in any way??JIMI HENDRIX : No.??Q. You say the Customs Officer had a bottle in his hand. Do you recall what the bottle was like??JIMI HENDRIX : Yes. It was like the one you have in your hand.??Q. You are referring to Exhibit 1??JIMI HENDRIX : Yes.??Q. What did the Customs Officer do with Exhibit 1??JIMI HENDRIX : He was unscrewing the cap and he poured the contents out in his hand - little packets.??Q. Did he show you the contents??JIMI HENDRIX : Yes. He showed them to me, but as he was showing them to me he was asking, "What's this?"??Q. I show the contents of the envelope marked Exhibit 2, which we have been told were in this bottle. Is that what he showed you??JIMI HENDRIX : Yes.??Q. What, if anything, did you reply to him??JIMI HENDRIX : When he said "What's this?" I said, "I really don't know what it is. I believe somebody must have given it to me." Something similar to that.??Q. Right. Can you tell us what happened then??JIMI HENDRIX : Then he asked me over again and I kept saying, "No." By this time one of his colleagues came around and asked what was going on or something and he said, "Do you think I should hold this?" ...I don't know. I can't remember exact words.??Q. Yes? ?JIMI HENDRIX : And I was standing there waiting on these things, and they took me around to a room, as somebody else was searching my bags. They took me and my bags to another room and they searched me there and kept asking me what they were and I kept telling them, "I don't know. I don't know." By the time I got to the room I said, "I don't know. It might be Bromo-Seltzer," and he pulled out a tube and pulled out some kind of comb.??Q. Now, you say a tube. I show you what has been marked as Exhibit 3, an aluminum or stainless steel tube, with a black tip on the end of it. ?JIMI HENDRIX : Yes. This is it.??Q. Now, the Officer has told us that Exhibit 3, this tube, was found in this same bag, Exhibit 4. Is that... ?JIMI HENDRIX : Yes. It was found in the same bag.??Q. Now, looking at Exhibit 4, I find this; do you know what this is??JIMI HENDRIX : No, I don't. It was given to me also.??THE COURT: When???JIMI HENDRIX : I can't remember the exact date now.??THE COURT: Did you know it was there???JIMI HENDRIX : Yes, I knew it was there, yes.??BY MR. O'DRISCOLL:??Q. Now, looking at this Exhibit 4, Mr. Hendrix, we find... ?JIMI HENDRIX : Yes.??Q. A spray. And we find a bottle of.... what is that??JIMI HENDRIX : It is for hair.??Q. We have also produced this, which you say you don't know what it is, somebody gave it to you. We also find in there... what is that??JIMI HENDRIX : It is a cream shampoo.??Q. Cream shampoo. We find another bottle. Do you know what that is??JIMI HENDRIX : Those are vitamin C pills.??Q. We find this. It is a... what do you call this - a pocket book, entitled, You Can Change Your Life Through Psychic Power, by Jo Anne Chase as told to Constance Moon. Is that yours??JIMI HENDRIX : It was given to me, yes.??Q. There is also a piece of paper, a purple piece of paper with writing on it. Is that your writing??JIMI HENDRIX : No. It is a letter that was sent to me. ??THE COURT: I didn't hear that.??WITNESS: This is from a letter that was sent to me, Your Honour.??BY MR. O'DRISCOLL:??Q. I have a pink bottle. Do you know what that is??JIMI HENDRIX : It is a cream rinse.??Q. Cream rinse. I also find in here a postcard. Where is that postcard of??JIMI HENDRIX : It is the entrance of the Beverly Rodeo Hotel. You mean the picture???Q. Yes. The entrance of the Beverly Rodeo Hotel. Is that the hotel you have spoken about earlier??JIMI HENDRIX : Yes.??Q. There is writing on the back. Do you know whose writing that is??JIMI HENDRIX : It is mine.??Q. It is yours??JIMI HENDRIX : Yes.??Q. There is also a picture of a young child. ?JIMI HENDRIX : Yes.??Q. Do you know who that is??JIMI HENDRIX : Yes??Q. We also find in the bottom, this. What is this??JIMI HENDRIX : That was given to me also. It was from some Hell's Angel jacket or something. I don't know.??Q. And I also find at the bottom of the bag an American 10-cent piece and two American one-cent pieces.??MR. MALONE: Would you mind just leaving it out???MR. O'DRISCOLL: Yes. I am sorry.??Q. Now, we have also heard, Mr. Hendrix, about a tile. Did the officers find a piece of tile??JIMI HENDRIX : Yes. They found it in my pocket.??Q. Found a piece of tile in your pocket??JIMI HENDRIX : Yes.??Q. And do you know what that was? Can you tell His Honour and the Gentlemen of the Jury what that tile was??JIMI HENDRIX : It is a piece of tile to stick a piece of incense in and you stick it on the mantle piece or anywhere you want it, and it gives off a fragrance. It has a little hole all the way through it.??Q. And did the Officers seize that, as well??JIMI HENDRIX : Yes.??Q. My friend has produced, Your Honour, a brown envelope. Inside I find a tile. Is that the tile in question??JIMI HENDRIX : Yes.??THE COURT: May I see it, please. A tile like you might use in a bathroom wall; is that the type???BY MR. O'DRISCOLL: ?Q. A ceramic tile. Is that right??JIMI HENDRIX : Yes.??Q. This tile was wrapped in paper, I presume.??Your Honour, may I have the envelope - the brown envelope with the tile inside, marked as Exhibit 7???THE COURT: I presume it didn't have the scotch tape around it???THE WITNESS: No, it didn't.??EXHIBIT 7: Envelope containing ceramic tile.??MR. O'DRISCOLL: Your Honour, my friend has produced to me a Certificate of Analysis, which I would ask to be marked as the next exhibit, with regard to this piece of tile, as analyzed by the Dominion Analyst and found to contain no narcotic.??THE COURT: Just a moment. How relevant is this???MR. MALONE: Your Honour, I didn't think it was too relevant and I didn't put it in. It is not properly introduced now, of course, but I am quite agreeable to have my friend introduce it.??THE COURT: If it is done by agreement, then there is no problem. ??MR. O'DRISCOLL: I do believe, Your Honour, if I am not mistaken, that the RCMP officer yesterday, during the course of his evidence, mentioned one of the things that was seized was a piece of tile from his pocket.??THE COURT: Yes. He did say that.??MR. O'DRISCOLL: Might the certificate be Exhibit 8, Your Honour???THE COURT: Yes.??EXHIBIT 8: Certificate of Dominion Analyst relating to Exhibit 7.??BY MR. O'DRISCOLL:??Q. Now, Mr. Hendrix, this room in the Beverly Rodeo Hotel in Beverly Hills, California, USA. Can you describe this room to us??JIMI HENDRIX : It was a small room. As you walk in, to your right there is a closet and about two feet of wall, and then there is a bed and straight ahead is a couch. To your left there is a TV and bathroom and straight ahead, behind the couch, is windows. There is a very small hallway - a small little hall passage.??Q. Now, looking at Exhibit 1 and the contents of it, Exhibit 2, do you know where they came from??JIMI HENDRIX : As far as I can remember it came from a girl that handed it to me.??Q. Let's go back. Where were you at this time??JIMI HENDRIX : I was in my hotel room.??Q. Where??JIMI HENDRIX : In Beverly Hills. It was crowded with a lot of people there.??Q. What day was this - or what month are we talking about??JIMI HENDRIX : Let's see, what day was it? It was the day before we left Los Angeles going to Detroit.??Q. The day you left Los Angeles for where??JIMI HENDRIX : For Detroit.??Q. All right. You have told us that you got to Detroit - you performed in Detroit on the second, and you got there on the second. So the day before, is that - what, the first of May??JIMI HENDRIX : The day before we went to Detroit. I don't know what day it was.??Q. All right. The day before you went to Detroit. Can you tell us what time of day we are talking about??JIMI HENDRIX : This was about the early evening.??Q. And where were you??JIMI HENDRIX : I was in my hotel room. I was doing some interviews.??Q. Were you alone??JIMI HENDRIX : No, I was not. There were a lot of people there.??Q. Do you recall any person in that room by name??JIMI HENDRIX : Yes. There was one person there - she was doing an interview with me, her name is Sharon Lawrence.??Q. Now, can you tell us what your physical situation was at the time; how were you feeling??JIMI HENDRIX : I didn't feel very good at all. There were so many people there and I had an upset stomach, plus I was trying to be nice to everybody, you know, and I just didn't feel very good at all. I wanted to see if I could get rid of everybody in the most polite way possible, so I could be to myself, and Sharon and I was doing an interview together and I made it known that I didn't feel so good. I asked everybody politely to leave - the door was open and everybody was coming in and out, the usual scene in hotels.??Q. The door was open??JIMI HENDRIX : The door was open, yes.??Q. And did anything happen??JIMI HENDRIX : Like I said before, I was trying to get rid of everybody and I think I told Sharon, and somebody said, "Maybe you might need a Bromo-Seltzer," and at the same time there was a girl at the door, she stepped in and handed me this bottle and said, "Maybe this might make you feel better," and I said, "Thank you very much." I didn't study the bottle, I didn't look at it too much. I threw it in my bag.??Q. Just a moment. You say what you received from this girl - can you tell us what you received from her??JIMI HENDRIX : Yes. The bottle in your hand.??Q. You received this from her??JIMI HENDRIX : Yes.??Q. Was there anything in it??JIMI HENDRIX : I really couldn't say. I didn't look in it. I just received it as a gift and I was trying to be nice.??Q. What did you do with it??JIMI HENDRIX : I threw it in my bag. ??Q. Where was your bag??JIMI HENDRIX : It was behind me. I had the bags laying on the floor, all packed up with the zippers open. I had them laying there and I said, "Thank you very much, but I really must get some rest."??Q. You put it in the bag??JIMI HENDRIX : Right.??Q. Did you unscrew the top or examine the contents??JIMI HENDRIX : No, I didn't.??Q. Talking about receiving things; did you receive anything else at that time from anybody else??JIMI HENDRIX : Oh, yes. I received, I believe, a box of candy... you mean the same day???Q. Yes.?JIMI HENDRIX : Yes. I believe it was a box of candy and... I don't know, other things. Maybe a book or something. I can't remember. I really can't remember.??Q. All right. Now, after this happened, did everyone stay or did everyone leave, or what happened??JIMI HENDRIX : No. Eventually everyone left, because I guess they finally picked up on how I was feeling. I didn't mean to be rude, but I was a bit rude when I threw the bottle in the bag. So... like, everybody was gradually leaving then. After they left I laid down and took a nap.??Q. You told us about tossing this in the bag that evening. Can you recall, was the bag empty or were there other things in the bag at the time??JIMI HENDRIX : There was other things in the bag. It was almost filled with things.??Q. You were leaving the next day for Detroit??JIMI HENDRIX : Yes.??Q. Now, I gather from what you have told us, that the zipper on the bag was open and you threw it in the bag.?JIMI HENDRIX : Yes.??Q. What next did you have to do with this bag??JIMI HENDRIX : Nothing, except the morning that we was going to leave, I had another bag in the bathroom, so I put all the toilet articles in there. Everything was all packed and everything, all I would have to do was zip everything up and the bags would be taken downstairs to the car to go to the airport. So there was nothing else I did with that bag, except zip it up, either that night or the next morning, I can't remember.??Q. And you took this bag with you to Detroit??JIMI HENDRIX : Yes.??Q. Do you recall, or do you know, or do you remember what, if anything, you did with this bag while you were in Detroit??JIMI HENDRIX : I just put all my bags in the closet. We were only there for one performance so there was nothing I needed, except the toilet article bag I had. I had another bag, too.??Q. Did you have an occasion to go into this bag??JIMI HENDRIX : No, not at all. I didn't need to. ??Q. When was The Next Time that this bag was opened??JIMI HENDRIX : The Next Time was at the airport here in Toronto.??Q. All right. Now, let's look at Exhibit 3, this tube. The Customs Officers have told this Court that they also found this tube in Exhibit 4, together with Exhibit 1 and its contents, Exhibit 2. What can you tell His Honour and the Gentlemen of the Jury as to where this came from??JIMI HENDRIX : I believe it must have been given to me, too. It was given to me.??Q. It was given to you??JIMI HENDRIX : Yes.??Q. Did you ever, in any way, use this??JIMI HENDRIX : No.??Q. We have heard, and you have been in Court and have heard, that there were traces of hashish found on the inside of this tube. ?JIMI HENDRIX : Yes.??Q. Were you aware of that??JIMI HENDRIX : No, I was not.??Q. Do you know when and how and by whom this Exhibit 3 got into Exhibit 4, the bag??JIMI HENDRIX : I really can't remember. You know, it was given to me, so I guess I threw it into the bag. I don't know when I got it... it must have been on the West Coast during the six days we were out there. I think it might have been at Oakland.??Q. Did you notice anything about the tube; anything about the inside of the tube??JIMI HENDRIX : You mean when I received it ? Like, when I got it???Q. Yes.?JIMI HENDRIX : No.??Q. Or at any time??JIMI HENDRIX : No.??Q. Mr. Hendrix, you have told us you receive gifts. Do you get anything that might be called extraordinary types of gifts??JIMI HENDRIX : Yes. We get all kinds of gifts.??Q. Such as what??JIMI HENDRIX : I received a few paintings that was very big - about like this (indicating), and we have received teddy bears and even pieces of string, yarn...??Q. Yarn??JIMI HENDRIX : Yes. We get everything; fountain pens, scarves.??Q. Now, just tell me this; at what locations are you when you when you receive these things??JIMI HENDRIX : It doesn't make any difference. You know, you can be at the airport to receive anything; you can be in the hotel lobby; you can be on stage, in the hotel room, in the hallways, in your dressing room - anywhere. Anywhere you might be seen.??Q. The day that this happened at Malton Airport, I gather from what Customs Officers have told us, it commenced at about 2 o'clock, were you eventually arrested??JIMI HENDRIX : Yes.??Q. And were you bailed out? ?JIMI HENDRIX : Yes. I was bailed out that evening.??Q. Did you have a performance in Toronto that evening??JIMI HENDRIX : Yes, we did.??Q. Where??JIMI HENDRIX : The Maple Leaf... something.??Q. The Maple Leaf Gardens??JIMI HENDRIX : Yes.??Q. What time??JIMI HENDRIX : I really can't remember exactly what time the show started. I think the show started at 8 o'clock.??Q. Were you there??JIMI HENDRIX : At 8???Q. Were you there for the show??JIMI HENDRIX : Oh, yes. We was there for the show, yes.??Q. Do you remember how long, prior to the show, you were released on bail??JIMI HENDRIX : Let me see... could you ask that again???Q. Maybe we will put it around another way. From the time the Customs Officers first spoke to you until you were free to go, do you know what period of time went by??JIMI HENDRIX : It must have been... I guess it must have been about... almost six hours, I guess.??Q. Now, have you ever received - prior to what you have told us about - presents which were drugs??JIMI HENDRIX : Yes.??Q. Can you tell His Honour and the Gentlemen of the Jury in what form they came to you??JIMI HENDRIX : Well, sometimes we would get packages of marijuana, which would be either in cellophane or tinfoil, or maybe in little cookie packs or a cigarette box or something, and they might be rolled up in cigarette paper and we receive hashish sometimes in blocks or hash cookies or cakes...??Q. Hash cookies??JIMI HENDRIX : Yes.??Q. What do you mean by that??JIMI HENDRIX : Hashish that has been crumbled up and mixed in with a batter to make some cookies.??Q. And it comes to you in the form of cookies??JIMI HENDRIX : That's right. Sometimes cakes.??Q. Cakes as well??JIMI HENDRIX : Yes. I had a hash cake for my birthday one time in Ireland. I was celebrating my birthday and three or four cakes came in and there was one lump like that in the middle of a cake as we were cutting it.??Q. Now, what about the mails. Did you ever receive anything that way??JIMI HENDRIX : Yes. Well, I have received LSD through the mail.??THE COURT: What???JIMI HENDRIX : LSD, Your Honour, on blotting paper wrapped in tinfoil, through the mail, from France, Europe.??BY MR. O'DRISCOLL:
?Q. Now, can you tell us, Mr. Hendrix, have you travelled on tour throughout England and Continental Europe??JIMI HENDRIX : Yes.??Q. Any place else, besides the United States??JIMI HENDRIX : Yes. All over Canada and the United States, all over Europe, England.??Q. I see on Exhibit 4, "Hawaii" marked. Have you toured Hawaii??A, Yes. I'm sorry. Hawaii, too.??Q. Now, can you tell us, the search of your baggage and search of yourself at Malton Airport on May 3rd of this year, was that something usual or unusual??JIMI HENDRIX : Well, what they did to me... the way they searched me was, like, they took off my clothes and they went through the bags two or three times.??Q. Has that ever happened to you before??JIMI HENDRIX : Yes, it has happened before. It's happened a few times before.??Q. Where??JIMI HENDRIX : This happened in Paris; this happened in America and Canada.??Discussion in the absence of the Jury??BY MR. O'DRISCOLL:?
Q. Mr. Hendrix, I don't want to belabour this, but you told us about gifts and so forth; do you have anything on right now??JIMI HENDRIX : Yes. This little trinket around my neck is, like, a gift, this bracelet is a gift, these rings are gifts. It was given to us one time or another across the country as we play our tours.??Q. Now, going back to Malton Airport on the afternoon of Saturday, May 3rd, were you asked questions by a number of persons during that afternoon??JIMI HENDRIX : Yes.??Q. Do you remember approximately by how many people you were questioned??JIMI HENDRIX : About six people. Six different people.??Q. And do you know who those people were??JIMI HENDRIX : I believe about two Customs Officers - or three or four, I can't remember. There were two Police Officers that asked me questions - there was a person from Narcotics, he was asking me questions. There was people asking all the time - sometimes at the same time.??Q. How long did this go on, Mr. Hendrix??JIMI HENDRIX : This went on for about - I guess about four hours. I can't remember ... about four hours.??Q. And do you remember all the questions that were asked you??JIMI HENDRIX : I can remember some of them, yes.??Q. Do you remember all the answers you gave??JIMI HENDRIX : Like, I was tired and everything and, you know, we were playing the night before. I can't remember all the answers. I can't remember the exact words I said on some of the answers.??Q. Do you remember basically what you said??JIMI HENDRIX : Yes, I do.??Q. What was that??JIMI HENDRIX : I didn't know what they were. I knew the bottle and its contents was given to me by a girl in California. I don't know if I...??Q. I'm sorry??JIMI HENDRIX : I can't remember really... if I was asked... specifically what I said. ??Q. All right. Now, have you ever used cocaine??JIMI HENDRIX : Yes.??Q. How many times??JIMI HENDRIX : Twice.??Q. How did you take it??JIMI HENDRIX : I sniffed it.??Q. Have you ever used LSD??JIMI HENDRIX : Yes.??Q. How many times??JIMI HENDRIX : Five times.??Q. Have you ever used heroin??JIMI HENDRIX : No.??Q. At any time??JIMI HENDRIX : No.??Q. Have you ever used hashish??JIMI HENDRIX : Yes.??Q. How??JIMI HENDRIX : We smoke it - I smoked it before, through a pipe.??Q. A pipe??JIMI HENDRIX : Yes.??Q. Have you ever used marijuana??JIMI HENDRIX : Yes.??Q. How??JIMI HENDRIX : Within - it is rolled up in cigarette papers, or with a pipe.??Q. Have you recently smoked marijuana??A. Not recently.??Q. Have you recently smoked hashish??JIMI HENDRIX : No.??Q. As of the 3rd May, had you smoked hashish or marijuana in or about that time??JIMI HENDRIX : As of the 3rd May???Q. Yes. That is the Malton Airport day. Had you smoked marijuana in or about that time??JIMI HENDRIX : Yes. I believe so.??Q. Where??JIMI HENDRIX : I don't remember where.??Q. In Canada??JIMI HENDRIX : I don't... No. Not in Canada.??Q. In the United States??JIMI HENDRIX : Yes.??Q. California??JIMI HENDRIX : Yes. I can't remember ... yes. I think so, yes. I have smoked it before in California.??Q. Now, is there any difference between now and say a couple of years ago, about the number of times you have smoked marihuana or smoked hashish, the difference between now and then??JIMI HENDRIX : Yes. There is a difference.??Q. What is the difference??JIMI HENDRIX : I don't smoke it as much.??Q. I see, and why is that, or is there any reason??JIMI HENDRIX : I feel I have outgrown it, you know. It doesn't do like it used to.??Q. I am sorry. I can't hear you.?JIMI HENDRIX : I have outgrown it - hashish.??Q. Now, you were released on bail on Saturday afternoon, and you have already told us you performed at Maple Leaf Gardens on the Saturday night. Where did you go then??JIMI HENDRIX : You mean after Saturday night???Q. Yes.?JIMI HENDRIX : I went back to the hotel to bed.??Q. Did you go somewhere on Sunday??JIMI HENDRIX : I think we went to Syracuse.??Q. On the Sunday??JIMI HENDRIX : I can't remember. I think we went to Syracuse The Next Time we played.??Q. Did you come back to Toronto again??JIMI HENDRIX : Yes.??Q. When was that??JIMI HENDRIX : That was on the Monday.??Q. Did you appear in Court on the Monday??JIMI HENDRIX : I came back to Toronto to take care of the case.??Q. To go to Court??JIMI HENDRIX : Yes. I suppose so.??Q. Did you come back to Toronto some time in June??JIMI HENDRIX : Yes.??Q. For the Preliminary Hearing in this case??JIMI HENDRIX : Yes.??Q. And then you have come back again for the trial??JIMI HENDRIX : Yes.??CROSS-EXAMINATION BY MR. MALONE:??Q. Mr. Hendrix, you told us this morning, earlier, that you have used marijuana??JIMI HENDRIX : Yes.??Q. And you have used hashish??JIMI HENDRIX : Yes.??Q. And you have used LSD??JIMI HENDRIX : Yes.??Q. And on occasion you have tried cocaine??JIMI HENDRIX : Right.??Q. What about amphetamines - speed??JIMI HENDRIX : No. ??Q. Pardon??JIMI HENDRIX : No, no.??Q. And you denied using heroin??JIMI HENDRIX : Yes.??Q. When did you first begin using drugs, Mr. Hendrix??JIMI HENDRIX : Which ones do you mean???Q. Well, any soft drugs, say marijuana, which I think was probably available first.?JIMI HENDRIX : I guess I tried it once about four years ago. I really don't know - I guess about four years ago.??Q. I see. That would be about 1965 - some four years after you started your band??JIMI HENDRIX : Four years ago ... before, I guess.??Q. When was it that you got out of the service??JIMI HENDRIX : I can't remember the exact date.??Q. Can you remember the year??JIMI HENDRIX : It might have been in '63.??Q. Not until '63??JIMI HENDRIX : Or '62.??Q. Between say 1962 or 1963 and today, you have earned your livelihood as an entertainer. Is that correct??JIMI HENDRIX : Yes.??Q. And would you agree with me that, because of the nature of the work, travelling, and the audiences that you play before, and the places that you play, you would be exposed to what is known as "the drug scene"??JIMI HENDRIX : We would be exposed to it, yes.??Q. You would be exposed to it, even if you were not participating??JIMI HENDRIX : Yes.??Q. You would become quite knowledgeable as to say the language used and the source of supply and so on??JIMI HENDRIX : The language used, yes.??Q. It has kind of a language of its own, hasn't it??JIMI HENDRIX : Not really. It's the same English words.??Q. I suppose during your travels and your exposure to the drug elements, that you would know people who used heroin.?JIMI HENDRIX : I have seen people that used heroin.??Q. And have you seen them use it??JIMI HENDRIX : To tell the truth, yes, I have. I have seen a person use it. ??Q. On how many occasions.?JIMI HENDRIX : About two occasions.??Q. I see. Now, I show you Exhibit 2 and the contents of Exhibit 2. These are what are commonly known as "decks" aren't they??JIMI HENDRIX : That is what the Police Officer said to me. That's the first time I heard it. That's the term he used.??Q. When you were exposed to people using heroin, what did their material come in??JIMI HENDRIX : All I see was the person put the needle into his hand.??Q. You didn't see him prepare it??JIMI HENDRIX : No.??Q. And could you tell me - you saw him put the needle in and inject, but you wouldn't see him prepare??JIMI HENDRIX : No, I wouldn't.??Q. But they all happen at the same time, don't they??JIMI HENDRIX : I really don't know.??Q. And you have already told us that when you use hashish you use a pipe. Is that right??JIMI HENDRIX : Yes. ??Q, And would it be similar to this tube that is before the Court, Exhibit 3??JIMI HENDRIX : No. It would be a pipe.??Q. Well, they use all sorts of different paraphernalia, don't they; little brass pipes and tubes and ordinary pipes, for that matter; isn't that so??JIMI HENDRIX : I really don't know. ??Q. You don't know??JIMI HENDRIX : I have seen it used with a pipe, for instance.??Q. How many times have you used it yourself??JIMI HENDRIX : I really couldn't tell you how many times.??Q. So many times that you could not remember??JIMI HENDRIX : No.??Q. I beg your pardon??JIMI HENDRIX : No.??Q. You cannot even approximate it??JIMI HENDRIX : I would say about three times.??Q. Only three times??JIMI HENDRIX : I will say that.??Q. Pardon??JIMI HENDRIX : I will say about three times.??Q. Well, don't say about three times if that is not the number that you used it.?JIMI HENDRIX : I really can't remember.??Q. You can't remember. You have told us that some of your fans send you hashish cookies and hashish cakes and LSD. Is that right??JIMI HENDRIX : Yes, they have.??Q. Why do you suppose they send you this type of material if they don't think you are going to use it??JIMI HENDRIX : Because it is their way of saying... I don't know. I really can't say. You would have to ask them. I don't know really.??Q. You can't give us any information at all.?JIMI HENDRIX : They send anything. I guess they do expect for us to use it - it has been known.??Q. Would these articles come from complete strangers??JIMI HENDRIX : Yes. Most of them do. ??Q. Some of them would come from people that would know you, though??JIMI HENDRIX : Not really. They know us only through our music.??Q. And your reputation, I suppose??JIMI HENDRIX : Well, I will say our music and our reputation.??Q. Your musical reputation.?JIMI HENDRIX : Yes.??Q. Now, just to jump ahead a little - after you were arrested in Toronto you had certain conversations with Customs Officers and Police Officers. Isn't that right??JIMI HENDRIX : Yes.??Q. And then you told my friend that you were released on bail and you went to Syracuse. You returned to Toronto and, at this particular time, you were in the middle of a tour. Is that not so??JIMI HENDRIX : Yes.??Q. And you have told us when you are on these tours you go to maybe 30 or so one-night stands, various auditoriums and so on. Is that right??JIMI HENDRIX : Yes.??Q. I was struck by the detail that you were able to give us of the hotel room you stayed in Beverly Hills. Surely you must be in a different one every night, are you not??JIMI HENDRIX : Yes.??Q. And does this one stick in the back of your mind for any particular reason??JIMI HENDRIX : Just because I stayed in the hotel before. I used to stay in Los Angeles - I used to live in the hotel the time before.??Q. This girl that you say handed you the bottle that you say was later found to contain heroin, did you know her??JIMI HENDRIX : No. ??Q. Would you recognize her if you saw her again??JIMI HENDRIX : Not really, no.??Q. Did you make any attempt to find her after you were charged??JIMI HENDRIX : No, I didn't.??Q. Now, relating to Exhibit 3, the pipe, was it the same girl that gave you this pipe with hashish on the end??JIMI HENDRIX : Not that I know of. No, it is not the same person.??Q. So you are suggesting two different people gave you narcotics on or about the same time??JIMI HENDRIX : As I said before, when I received the tube, I didn't know there was anything in it - you know. Somebody gave me the tube approximately about the same time or within a week of one another.??Q. Well, we are speaking of the tube; you say you got it and you put it in your bag. Is that right??JIMI HENDRIX : Yes.??Q. Well, can you suggest to me any possible use for that - ordinary use??JIMI HENDRIX : A pea-shooter. Maybe???Q. A pea-shooter??JIMI HENDRIX : Yes.??Q. Yes, I suppose it could be used for that, but would you normally put pea-shooters in your bag??JIMI HENDRIX : I normally put gifts in my bag.??Q. What would you use that for; why carry it around??JIMI HENDRIX : I don't know. It was a gift; we accept gifts.??Q. And all of these other articles were gifts, or did some of them belong to you??JIMI HENDRIX : This was a gift; this was a gift.??Q. You are indicating the comb and the book??JIMI HENDRIX : Somebody sent that in the mail - this picture. Somebody sent this letter in the mail. I bought this, this right here, and I just got this for free at the hotel lobby.??Q. So these are the articles you have indicated you purchased yourself??JIMI HENDRIX : Yes.??Q. Two of the articles do not appear to have been opened and certainly none of the contents have been used - I am referring to the Miracle Oil and the Avocado Cream Shampoo. They don't appear to have been opened. Would you like to open them and take a look??JIMI HENDRIX : Yes. All right.??Q. So you must have bought them very recently before your arrest. Isn't that right??JIMI HENDRIX : Right.??Q. Do you recall where you bought them??JIMI HENDRIX : I can't remember. I think it was in the... It was in Los Angeles, California, USA... I will say California. Whether either in Hollywood or Beverly Hills, I am not sure.??Q. You said that you carried your toilet articles in another bag. ?JIMI HENDRIX : That's a shaving kit and soap and toothbrush and toothpaste. ??Q. Why would you separate these articles, which appear to be toilet articles, from the other articles??JIMI HENDRIX : Because it was in a brand new bag. These were the things that were in that bag.??Q. When you put them in that bag, did you notice whether or not that little bottle containing the heroin was there??JIMI HENDRIX : No. No, it was not. It wasn't there.??Q. It was not there. You are sure of that??JIMI HENDRIX : It wasn't there when I bought... I put this in. I think I bought this at the same time, or approximately the same time as the bottle that the person gave me, that was thrown on top of all this stuff.??Q. By yourself??JIMI HENDRIX : Yes.??Q. And this person, whose name we don't know, did she say what it was when she gave it to you??JIMI HENDRIX : No. All she said was, "Maybe this will make you feel better."??Q. That's all??JIMI HENDRIX : Yes.??Q. And presumably she was a fan of yours. Is that right??JIMI HENDRIX : Yes.??Q. You are suggesting that fans of yours give you hard narcotics without telling you what it is??JIMI HENDRIX : I really don't know. You know - we had a lot of gifts and they didn't tell us what it is. They say different things here and there when they give it to us.??Q. Do you know what the price of a deck of heroin is in the Los Angeles area??JIMI HENDRIX : No. ??Q. You have never heard at all??JIMI HENDRIX : No.??Q. Have you any idea how much those three decks would be worth??JIMI HENDRIX : No, I don't.??Q. Now, when you arrived in Toronto - before you got there, you told us that you carried two of the bags on the plane with you from Detroit. Right??JIMI HENDRIX : Yes.??Q. One of which could have been Exhibit 4. Is that right??JIMI HENDRIX : Yes. ??Q. Can you give me an explanation why you would take this bag with this paraphernalia on the plane and not check it through??JIMI HENDRIX : Because of all the glassware inside here. If I checked it in the thing below - the baggage carrier, it might have broke, and they don't usually check these - they don't usually put these in the baggage compartment of the plane.??Q. It wasn't your intention to use any of these things between Detroit and Toronto, I take it??JIMI HENDRIX : Not really. I really can't remember what I was going to do. I just bought some things, and I never used this before, so I just bought it - Avocado Cream Rinse.??Q. And it is a very short flight from Detroit??JIMI HENDRIX : I believe it is less than an hour from Detroit to Toronto.??Q. Had you been to Toronto before this time, Mr. Hendrix??JIMI HENDRIX : Yes.??Q. Can you tell me how many times??JIMI HENDRIX : At least twice before.??Q. And had you arrived by plane??JIMI HENDRIX : Yes.??Q. Would it be a fair statement to say that, in spite of all the airports that you must go through, that you would be at least familiar with Canada Customs procedures??JIMI HENDRIX : I have heard a lot about it.??Q. And would it be fair to say - while we are on it - that you were treated very fairly by both Customs Officers and the Police Officers in the course of their investigation??JIMI HENDRIX : I was treated... I wasn't man-handled or anything.??Q. They were quite polite, weren't they??JIMI HENDRIX : Yes.??Q. In fact, I even suggest to you, that at one time you even complimented them on their behaviour??JIMI HENDRIX : I might have.??THE COURT: Pardon???JIMI HENDRIX : I said. 'I might have', Your Honour.??BY MR. MALONE:??Q. You told my friend you could not remember when you played in Los Angeles??JIMI HENDRIX : Yes. I can't remember the exact date.??Q. Was it after that date when this girl gave you this bottle??JIMI HENDRIX : No. It was before. I think it was before.??Q. You are not sure??JIMI HENDRIX : No.??Q. Now, it would have been very easy to check what date it was, wouldn't it??JIMI HENDRIX : Yes.??Q. Because it has some significance as to how long you might have had the bottle in your possession. Isn't that right??JIMI HENDRIX : Yes. I guess it is.??Q. You didn't check??JIMI HENDRIX : I am not sure. We had an itinerary and it has all the dates marked down on the itinerary.??Q. And it would have been a simple matter for you to refer to your itinerary to find out what date you played Los Angeles??JIMI HENDRIX : Yes.??Q. But you just didn't do it??JIMI HENDRIX : Yes, I did, but I just can't remember the dates and there are other matters on my mind. ??Q. As I understand your evidence, when you arrived at Toronto you put the flight bags up on the Customs counter. Is that right??JIMI HENDRIX : Yes.??Q. Were you in a line of people??JIMI HENDRIX : Let's see. There was a lot of people coming in - there were at least nine of us and there were a lot of other people, and a Customs Officer, if I remember correctly, waved me down towards the last booth, or the last counter.??Q. And did he process you right at that time??JIMI HENDRIX : Like I said, I brought some bags down there - as he was waving me down there I brought some bags with me and I went back to collect some other bags.??Q. I suggest to you what happens is if you have hand luggage, you carry that with you, and wait for your other bags to come off the plane.?JIMI HENDRIX : Yes.??Q. And you pick up all your bags and take them to the Customs counter??JIMI HENDRIX : Yes.??Q. And sometimes you have to wait quite a while??JIMI HENDRIX : Yes. Sometimes you have to wait.??Q. And on this particular occasion you said you put your hand luggage or flight bags on the counter and went back to fetch your other luggage??JIMI HENDRIX : Yes.??Q. Where was your other luggage; had it not arrived yet? ?JIMI HENDRIX : If I remember correctly it is a turn-table.??Q. That's right.?JIMI HENDRIX : And if I remember correctly, I picked up all my bags, at least five, and set them down one at a time, or two - I set them down and after they were off the turntable I picked up - I think it was this bag and another one, and took them over to the counter and went back to where I left the bags and picked them up to take them to the counter.??Q. As I understand it, it was apparently while you were away getting your other bags that the Customs Officer found this bottle.?JIMI HENDRIX : Yes.??Q. And when you returned he held it up and said, "What is this?"?JIMI HENDRIX : Yes.??Q. And you replied, according to his evidence and you agree with him, "Oh, no. I don't really know what it is. Someone must have put it in my bag." Right??JIMI HENDRIX : I said, "I really don't know what it is. Someone must have given it to me."??Q. How did you know it was yours??JIMI HENDRIX : Pardon???Q. How did you know where it came from??JIMI HENDRIX : Because there was something like this - this was the only bag sitting on the counter, so common sense told me it must have come from this bag.??Q. But spontaneously you acknowledged it came from your bag. When he said, "What is this?" you didn't say, "Where did you get it?" or anything like that, you said, "Someone must have put it in my bag." That is the way I understand all the evidence, Mr. Hendrix - correct me if I am wrong.?JIMI HENDRIX : That's what I did. I said, "I don't really know what it is. Someone must have given it to me."??Q. But you didn't, as I understand it, see him take it out of your bag??JIMI HENDRIX : I really can't remember exactly. All I can say is I presumed it came from the bag.??Q. Would you agree with me, in your evidence in chief, you said that while you were away the Customs Officer must have taken it out of your bag and when you returned he showed it to you. Didn't you tell my friend that when he was examining you??JIMI HENDRIX : Yes, I think so. I can't...??Q. So you just assumed it came from your bag??JIMI HENDRIX : Yes.??Q. The first Customs Official, Officer Wilson, said that he saw this tube in your bag when he made his first examination, but didn't attach any significance to it. Were you present when he searched the bag??JIMI HENDRIX : Yes, I was. I was present.??Q. Did you see this tube in your bag when the first search was made??JIMI HENDRIX : Yes, I did.??Q. And did it have any significance?JIMI HENDRIX : No.??Q. It didn't. And how much time would you say elapsed between the time that they found the bottle and the time that they found the tube - or when you attached some importance to the tube??JIMI HENDRIX : I think it might have been, say, about maybe an hour.??Q. I see. ?JIMI HENDRIX : I really can't say. I really can't say. I will say half an hour. ??Q. Had the members of the RCMP or the Metro Drug Squad arrived? ?JIMI HENDRIX : This person that was dressed in an ice hockey - you know, jacket - he was the was the only person that really started asking me about the tube.??Q. I see. Are you referring to Detective Midgley; do you know him by name??JIMI HENDRIX : No. It was another person. He stated he worked on the Narcotics Squad or something.??Q. Now, I show you Exhibit 7. This was found on your person, this piece of ceramic tile, wasn't it? ?JIMI HENDRIX : Yes, it was.??Q. Do you know where you had it??JIMI HENDRIX : I think I had it in my pocket.??Q. But you don't remember which pocket??JIMI HENDRIX : No, I don't. ??Q. And it appears to be burnt in the centre. Could you explain that; or have you already explained it??JIMI HENDRIX : Yes. I think I have done so. ??Q. Could you explain it again, please??JIMI HENDRIX : There is still a piece of incense in there. It must have burnt all the way down to the tile itself.??Q. And what do you do with this??JIMI HENDRIX : I really don't remember. I think I may have put incense in there.??Q. You might have??JIMI HENDRIX : Yes. Or it might have been given to me. I had incense in there.??Q. What do you burn incense for??JIMI HENDRIX : For the nice smell.??Q. Would you agree with me that, knowing about marijuana users, that it is sometimes used to cover the marihuana smell??JIMI HENDRIX : Yes. It is sometimes used for that and for bad kitchen odours.??Q. And you really can't recall how that got in your pocket??JIMI HENDRIX : No. Someone might have given it to me.??Q. Am I safe in saying it was not for your bad kitchen odours??JIMI HENDRIX : No. I don't have a kitchen.??Q. Mr. Hendrix, I realize you have a busy schedule, but after you were released on bail did you do anything to attempt to explain how this material got in your luggage??JIMI HENDRIX : I don't understand the question. Could you ask it again, please???Q. You are charged with, I think you will agree, a serious offense and your evidence is you really don't know how it got there or who put it there. Is that right??JIMI HENDRIX : That's what I said, yes. That is what I said at first because there was a lot of questions being asked and I vaguely remembered that yellow top. That's all I remembered - that yellow top. At first I said I didn't really know what it was and kept on saying it. After we got inside the search room I started thinking about the yellow top and I must have had it somewhere, so I said it might be Bromo-Seltzer.??Q. And that wasn't really my