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Chapter 24: The Prosecution - Were the two families friends, and for how long?

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

Release Date: 06/14/2023

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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More Episodes
 
There were two disagreements between the Hisses and Chamberses.  First was whether Hiss had been a Communist and Soviet spy with Chambers in the mid- and late 1930s.  Who was telling the truth could not be proved.  Hiss would never confess and, from his point of view, it’s almost impossible to prove that you did not do something years ago.  As for proof by external evidence, good luck.  When you join the Communist underground you don’t sign a contract and send a copy to the Justice Department.
 
But on the other issue — whether (as the Hisses said) the families had had a short, unpleasant business relationship that was effectively over in 1935 or (as the Chamberses said) they had had a close personal friendship that lasted into 1938 — external evidence might be found.  
 
This Podcast takes you through Prosecution evidence that the two families had engaged in significant financial transactions in 1935, 1936, and 1937. The transactions were documented in a small pile of regularly kept business and government records, and concerned two cars and an oriental carpet that Chambers gave Hiss.  All these indicated a close personal friendship lasting at least into 1937.   Perhaps most convincing was the chief witness about rug, the man who bought it for Chambers and sent it to Washington.  (It arrived there, according to the records of the package room at Union Station, in January 1937.). The witness was Chambers’ best friend, college classmate, European traveling companion in 1923, Associate Professor of Art History at Columbia in 1949, and soon-to-be-called the world’s greatest art historian, Dr. Meyer Schapiro. 
 
FURTHER RESEARCH:
 
The details about one of the cars, the 1929 Model A Ford with the hand-operated windshield wipers and, according to Hiss, “a sassy little trunk on the back,” came out in the HUAC hearings and were discussed in Podcast #13.  (Also discussed in Podcast #13 was another transaction — evidence showing the two families being interested in the same obscure parcel of land miles away from where either of them lived.  But that was not introduced at the trials.). Concerning the other car (the one in which Chambers said he and his family fled the Communist underground), see Weinstein at 240-44; concerning the rug, see Weinstein at 230-33.
 
Questions:  Does it surprise you that Chambers remembered several of these incidents only after someone else brought them up?  Do Chambers’ stories, without the supporting paper, sound plausible?  How many document-fakers would it take to create all the pieces of paper supporting Chambers’ stories, and how many invisible document-planters would it take to slip them into the records of numerous banks, businesses, and government Bureaus where they were found in 1948 and 1949?  Can you think of a less likely participant in a right-wing frame up than Dr. Meyer Schapiro, a Jewish socialist Art History Professor at Columbia?  Do Hiss’s recollections of all these incidents, which are consistent with his innocence, sound plausible to you?  Might you be willing to give him the benefit of the doubt if he needed only one rococo exculpatory recollection?  But three? 
 
Before we get to the Hiss defense, the next podcast explores a ‘sleeper’ issue in the case.  But, as of now, at the conclusion of the Prosecution’s case, has the Prosecution proved beyond a reasonable doubt that Hiss lied to the grand jury when he denied passing Chambers government documents without authorization after January 1, 1937?  If you were on the jury and the Defense put on no evidence and rested on ‘the golden thread’ of Anglo-American criminal law, the presumption of innocence, would you, based on what you have heard so far, vote Hiss guilty or not guilty?