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Chapter 20: The Prosecution - Whittaker and Esther Chambers

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

Release Date: 05/17/2023

Chapter 38: Why do people still care about this case? show art Chapter 38: Why do people still care about this case?

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

  This is my final Podcast, and the shortest one — just my last thoughts after decades of study.  The Hiss-Chambers Case will live on because it is important post-WWII American history, and also a great yarn, a feast for trial lawyers, and an example of the endless fight between totalitarianism and freedom, between shiny lies and messy reality.  I hope it fascinated and educated you as much as it has me.  Thank you for your interest in my words.

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Chapter 37: What did not come out in court? show art Chapter 37: What did not come out in court?

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

Whittaker Chambers This Podcast, the second to last, is the longest one.  The Hiss-Chambers Case did not die.  Many new facts were discovered, the majority of them harmful to Hiss, starting in the 1970s.  The Freedom of Information Act led the US government (after a lawsuit) to produce about 40,000 pages of paper, mostly from the FBI.  Hiss made the files of his defense counsel available to researchers.  One wonders if he knew what was in there, some of it was so damaging to him.  Most damaging in these and other files is powerful evidence that Hiss and his wife...

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Chapter 36: Hiss and Chambers After the Trials show art Chapter 36: Hiss and Chambers After the Trials

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

As Chambers wrote to his friend Bill Buckley, most of us think the story of Oedipus ends when he learns he married his own mother and puts his eyes out.  In fact, however, Oedipus lived for years afterwards.  After the trials, Chambers lived for 10 years and Hiss for 45.  Neither escaped The Case, nor did their wives and children.  (Add this, by the way, to all the reasons that committing treason is a bad idea.). Each man wrote a book.  Chambers’ became a best-seller, a major American autobiography, and a sacred text of the post-WWII right.  Hiss’s book sank...

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Chapter 35: Forgery by Typewriter show art Chapter 35: Forgery by Typewriter

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

  Several people have told me that, of my 38 episodes, this is their favorite.  See if you agree.   It is all about the question Hiss could never answer:  how, if Hiss is innocent, did the 64 Typed Spy Documents get typed on his home typewriter.  You may recall that Hiss first told The Grand Jury that Chambers broke into his house in 1938 and typed them on it himself when no one was looking.  That didn’t work.  Second, Hiss told the jury at the second trial that Hiss gave the Typewriter to the Catlett Kids in late 1937; they put it in the back room where...

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Chapter 34: The Impact of the Guilty Verdict on America show art Chapter 34: The Impact of the Guilty Verdict on America

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

Alger Hiss is taken to prison   Alger Hiss’s conviction — technically for perjury, but effectively for treason — was a major event.  It was a disaster for The Establishment, especially liberal Democrats, and vindication for Republicans and populist Democrats.  The 18 month labyrinth of HUAC hearings, depositions in Hiss’s libel suit, grand jury proceedings, and two criminal trials were the long, long overture to the so-called McCarthy Era.  Senator McCarthy, in fact, gave his famous “I have a list . . .” speech just weeks after Hiss’s conviction.  This...

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Chapter 33: The Summations, and the Verdict show art Chapter 33: The Summations, and the Verdict

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

Prosecutor Thomas F. Murphy  In this Podcast, we hear the closing speeches, and the verdict of the second jury.  In a mirror image of the first trial, this time it was Hiss’s lawyer Claude Cross who was quiet, even plodding, and it was Prosecutor Murphy (like Hiss’s barrister Stryker at the first trial) who delivered the barn-burner.  Then — after a year and a half of HUAC hearings, Hiss’s libel suit, the Grand Jury proceeding, and two trials — finally comes the jury’s verdict.   Further Research:-  Alistair Cooke (at 335) described Mrs. Hiss after the...

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Chapter 32: The Second Trial - The Surprise Witness show art Chapter 32: The Second Trial - The Surprise Witness

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

Edith Murray   This is a short podcast, describing a last-minute rebuttal witness for The Prosecution.  Into court came a black woman named Edith Murray.  Alistair Cooke (at 299) found her “lively.”  She testified that, at times in 1935 and 1936, she had been the household servant (cleaning and cooking) for Whittaker and Esther Chambers.  She knew them as the Cantwells and was told that Mr. Cantwell was home so seldom because he was a traveling salesman.  The Cantwells, Mrs. Murray testified, had no social life except for one young white married couple from...

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Chapter 31: The Second Trial - Chambers' Mental Condition show art Chapter 31: The Second Trial - Chambers' Mental Condition

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

Psychiatrist Dr. Carl Binger This Podcast presents the testimony of an eminent psychiatrist, Dr. Carl Binger.  He opined that Whittaker Chambers suffered from a mental illness, called “Psychopathic Personality,” which causes its sufferers to make false accusations that they sincerely believe to be true.  Dr. Carl Binger was supposed to be, to use a baseball metaphor, The Clean-Up Hitter of The Hiss Defense.  The Defense had loaded the bases with Hiss and his wife (we barely knew Chambers/Crosley), the character witnesses (Alger is a fine upstanding man), and the Catletts (we...

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Chapter 30: The Second Trial - Introduction show art Chapter 30: The Second Trial - Introduction

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

Hede Hassing, a key witness in the 2nd trial The second trial: new Judge (an elderly Republican), a new jury (seven women!), a new lawyer for Hiss (Boston’s distinguished, quiet Claude Cross), a new strategy by each side, and a lot more witnesses.  The next three Podcasts bring you three witnesses who did not testify at the first trial, but did at the second.     One journalist wrote that the minor characters in this Case contained the raw material for a shelf of unwritten novels.  You’ve already met Julian Wadleigh.  Now meet Hede Massing, a Viennese actress,...

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Chapter 29: The Summations and The Verdict show art Chapter 29: The Summations and The Verdict

A Pumpkin Patch, a Typewriter, and Richard Nixon: The Hiss-Chambers Espionage Case

Pic: Hiss Defense Attorney Lloyd Paul Stryker At last we hear the two great trial lawyers, Lloyd Paul Stryker for The Hiss Defense and Thomas Murphy for The Prosecution, sum up the evidence and loose their rhetorical flourishes.  Stryker, remember, was going for a hung jury, just trying to get one or two jurors to hold out for a Not Guilty verdict no matter what the others thought.  Murphy had to convince all twelve.  Stryker’s speech was a masterpiece of rhetoric, which Murphy in his speech dismissed as ‘cornball stuff’ and ‘old, old.’ Murphy stuck to what he called...

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Lloyd Paul Stryker, Hiss's Defense Atty (Digital Commons)

Whittaker Chambers, and then his wife Esther, testify in court.  Both their direct testimonies were rocky due to Stryker’s objections and Judge Kaufman’s rulings.  Their cross-examinations by Stryker were brutal. Chambers sat there and passively took blow after blow, but Mrs. Chambers shouted back at Stryker as forcefully as he had shouted at her.  But each got to say what needed to be said — that Hiss passed Chambers State Department documents in 1937 and 1938 and that the two families were friends.  At the second trial, both Chamberses were more relaxed and forthcoming because they had been through it all before (isn’t everything easier the second time?) and because the judge at the second trial gave all the witnesses more leeway.  Everyone agreed their testimonies at the second trial were more effective.
 
 
FURTHER RESEARCH: 
 
Episode 20:  Lengthy accounts of the Chamberses’ direct and cross examinations are in Weinstein at 440-56 (first trial) and 499-501 (second) and Cooke at 121-48 (Mr. C, first trial), 151-61 (Mrs. C, first trial), 287-91 (Mr. C, second trial) and 295-96 (Mrs. C, second trial).  Mrs. Chambers, who has not appeared much in these Podcasts until now, is described by Weinstein (at 451) as “small, slim-boned, plain faced” and by Cooke (at 151) as “a small severe figure . . . , a very dark, thin-lipped woman in spectacles who sat nervously back in the witness chair.”  Chambers, in his memoir "Witness," describes (at 232) Stryker’s cross-examination of her as “brutal bullying.”
 
Chambers also describes meeting his future wife at a textile workers’ strike at Passaic, New Jersey, in 1930.  He describes her as brave, forthright and militant, with “dark brown eyes . . . of a candor and purity such as I had never seen in any other woman in the Communist movement.”  He was surprised to learn that she was a pacifist.  (Witness at 231-32.  See also Weinstein at 118-19.)
 
Questions:  Do you think that Stryker went too far with his brutal cross-examination of Mrs. Chambers?  In 1948, women were “The Fair Sex” and men were supposed to be gentlemen.  But what choice did he have after she had corroborated most of her husband’s testimony?
 
The trials were the first time that anyone heard Mrs. Chambers tell her story.  She professed ignorance of her husband’s spying.  But most significantly, she described an extensive social relationship with Mrs. Hiss — lots of get-togethers typical for young married wives and mothers in the mid-1930s, at specific locations in Washington (Mount Vernon, Haynes Point, and Georgetown) and Baltimore (various squares and parks and Hutzler’s Department Store).  Any pro-Hiss juror must have wondered — was Mrs. Chambers just as insane as her husband, or was she lying in perfect harmony with her husband’s lunacy?  Did not her details lend credibility to her story, and by inference to her husband’s?