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Chapter 23: The Prosecution: Henry Julian Wadleigh

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

Release Date: 06/07/2023

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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This Podcast is the closest the trials get to high comedy.  Dreamy, arrogant State Department economist, Henry Julian Wadleigh, worked in the same area as Hiss (several levels below Hiss).  Wadleigh testifies that he passed State Department documents to Chambers in 1937 and 1938 without authorization.  He thus corroborates Chambers’ testimony that Chambers was the hub of a spy ring in State in those years.  
 
But might he also help Hiss?  Could it have been Wadleigh who gave Chambers all those documents?  How might Hiss make a case that it was Wadleigh who passed the papers that Chambers said he got from Hiss?  Would Chambers have any reason to falsely accuse Hiss if he could truthfully accuse Wadleigh?  
 
Lloyd Paul Stryker’s cross-examination succeeded in making Wadliegh look like a ridiculous head-in-the-clouds dreamer.  (Just like Chambers, Stryker hints, all these commies are weirdoes unlike the solid, respectable Alger.). Wadleigh made such a fool of himself that, when once Murphy objected to Stryker’s cross-examination, Judge Kaufman couldn’t rule on the objection because he was laughing so hard that he had hidden his face in his papers.
 
FURTHER RESEARCH: 
Back at the Grand Jury, there was a dramatic scene in the room where all the witnesses sat before being summoned to the presence of the Grand Jury.  When Wadleigh and Hiss saw each other, they exchanged pleasantries and then Wadliegh told Hiss “The F.B.I. came to see me and I got sort of panicky and told them that I had given some documents to Chambers.”  Hiss purported to be “astounded.”  (Hiss at 187.). I would love to have ten great actors perform Hiss being astounded — reactions all the way from “My God, there was a spy ring in State.  Horrors!”  to “You, too, Julian?!”  See also Grand Jury Transcript at 3949; Weinstein at 298.
 
Alistair Cooke wrote that Hiss might have been “a greater Wadleigh.”  Rebecca West, in her review of Cooke’s book, says that this view “speaks of chaotic moral and intellectual values.”  She supports this opinion in her memorable prose.  1950 University of Chicago Law Review at 672-73, available at https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2686&context=uclrev 
 
The Baltimore Sun newspaper interviewed Wadleigh shortly before he testified in the second trial.  By then he was disgraced and destitute.  The newspaper described Wadleigh as “[p]ossessed of a self-esteem amounting almost to self-deification” and “look[ing] pityingly on the remainder of humanity, . . . distressed when it so often fails to respond to his guidance from a self-erected mountain.”  Thomas O’Neill, “Wadleigh Set for New Role,” The Baltimore Sunday Sun, Nov., 27, 1949, page 5, col. 1.
 
Questions:  No one has ever suggested that Wadleigh was lying.  Can you think of any reason he would lie to corroborate Chambers?  After you’ve listened to this Podcast, do you agree with me that, after all was said and done, Wadleigh helped the Prosecution and damaged Hiss?  At the second trial, Wadleigh told the jury in detail how he, a mild Socialist and not a Communist, gave information to the Soviet Union because he wanted to help fight fascism, not to promote Communism.  He thought he was helping his country in the long run, not hurting it.  Do you have sympathy for Wadleigh’s intentions and/or acts?