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Chapter 25: Intermezzo - The Sleeper Issue of Homosexuality

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

Release Date: 06/21/2023

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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Each side in this Case had a male homosexual secret.  Remember that we’re in 1949, when conservatives thought that male homosexuality was a sin and a crime and enlightened liberals thought that gay men were tragic mistakes of nature, mentally ill, women trapped in men’s bodies, but fortunately there was talk therapy, shock treatment and, if all else fails, lobotomies.  (Homosexual men were subjected to lobotomies until recently in Communist Cuba.)
 
Chambers, during his years in the Communist underground, had had gay sex with men he met in public places.  And Hiss’s stepson (Mrs. Hiss’s son by her first marriage) was gay and had been discharged from the Navy in 1945 on psychological grounds, which was a polite way of eliminating gay sailors.  The precise dimensions of each side’s gay secret, how it was concealed, and how it was hinted at publicly and used covertly, is the subject of this Podcast.
 
Further Research:
 
Robert Stripling, HUAC’s Chief Investigator and Nixon’s partner in the first phase of the Case, said that it was whispered around the hearing room from Day One that Chambers was “a queer” — Stripling’s word, not mine.  He also said that, whenever an ex-Communist testified, within hours rumors began that he or she was an alcoholic or drug addict, had been to see a psychiatrist, or was a “sex pervert” — again, Stripling’s words, not mine.
 
The liberal historian Arthur Schlesinger, Jr., wrote discreetly that the “anti-Chambers whispering campaign was one of the most repellent of modern history.”  George H. Nash, “The Conservative Intellectual Movement in America Since 1945” at 100 (Basic Books 1976).  Alistair Cooke used equal delicacy when, in his inventory of ‘secret explanations’ of what happened between Hiss and Chambers, he wrote “one or two other theories . . . went the rounds of Washington and New York [that] . . . so mercilessly intrude into other people’s lives that the incompleteness of this report appears a small price to pay for giving everybody so slandered the benefit of a large doubt.  The reader who is most prurient to know about such theories will be the one most apt to hit on them.”  Cooke at 334.  Dr. Weinstein, in his definitive book on this Case, deals with Chambers’ homosexual acts at 112-13, 129-30, with Hiss’s stepson’s gayness at 424-25, and with Hiss’s use of Chambers secret gay life to ‘explain’ his mentally ill lies about Hiss at 405-08 and 639-41 (section 4, titled “Chambers as Paranoid:  The Revenge Motif” in an appendix titled “Six Conspiracies in Search of an Author, 1948-1996”). 
 
I have never seen any indication that the two sides in this Case formally agreed not to smear each other with their gay secrets.  Nor have I ever had any reason to believe that Alger Hiss was in the slightest degree gay.
 
Questions: If you were one of Hiss’s lawyers and the prejudices of 1949 were still widespread today, would your ethics deter you from smearing Chambers as gay (and therefore mentally ill or evil)?  Don’t you have an ethical obligation to defend your client vigorously??  If you were Prosecutor Murphy, and if you feared testimony by Hiss’s stepson, would you use your gay smear on the same grounds?  On the whole, which side do you condemn more for its use of the other side’s ‘gay secret’?
 
Here is a poem, titled “Lothrop, Montana” that Whittaker Chambers wrote. It was published (under Chambers’ real name) in The Nation magazine — to this day, the media headquarters of the Hiss side — on June 30, 1926, at page 726:
 
The cottonwoods, the boy-trees,
Imberle — the clean, green, central bodies
Standing apart, freely, freely, but trammeled;
With their branches inter-resting — for support,
Never for caressing, except the wind blow.
And yet, leaning so fearfully into one another,
The leaves so pensile, so tremulously hung, as they lean toward one another;
Unable to strain farther into one another
And be apart;
Held back where in the earth their secret roots
Wrap one about another, interstruggle and knot; the vital filaments
Writhing in struggle; heavy, fibrous, underearthen life,
From which the sap mounts filling those trembling leaves
Of the boy-trees, the cottonwoods.
 
Is it reading too much between the lines to see in there a description of wrestling (Chambers’ college sport) by two young gay men, ending as each one’s ‘sap mounts’ within their ‘secret roots’ and ‘trembling leaves’?