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Chapter 31: The Second Trial - Chambers' Mental Condition

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

Release Date: 08/02/2023

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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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 had The Typewriter when The Spy Documents were typed).  Binger was supposed to bring all those runners and himself across home plate by answering a question so obvious that Hiss was asked it at his first HUAC appearance: why is Chambers lying?  Chambers had no rational motive to lie, but . . . . maybe an irrational one. Chambers’ greatest fan would admit that his life was a target-rich environment of off-the-beaten-path behaviors.
 
Prosecutor Murphy fought to the bitter end to keep Binger’s opinion from reaching the jury’s ears.  But he had a good Plan B.  His cross-examination of Dr. Binger has been called the most destructive cross-examination of a psychiatrist in history.  The conventional opinion of scholars is that when Murphy was through with Binger, there was nothing left, not even mincemeat.  To many, Binger’s testimony seemed a failed attempt to smear an honest man who was merely strange. See if you agree.
 
FURTHER RESEARCH
 
About Binger’s testimony, see Cooke at 304-13; Smith at 386-93, saying (at 391) that “Murphy cut the poor psychiatrist into ribbons” and (at 393) that “the psychiatric evidence turned out to be a boomerang”; and Weinstein at 510-16.
 
One interesting aspect of this Case is the peek it gives into the morals and standards of this country’s Establishment in the late 1940s.  Psychiatry had ceased to be new and frightening and had become, among many of the finest minds, almost a religion displacing Judaism and Christianity.  Forward-looking thinkers ranked Freud with Aristotle, Copernicus, and Einstein as one of the giant pioneers of human thought.  (Today, most see him as a great, brave pioneer but dismiss his all theories and techniques.). Alistair Cooke was so worshipful of psychiatry that he could not fathom Prosecutor Murphy questioning Dr. Binger’s opinion.  Cooke seems to have thought Murphy outrageous when he demanded that the exalted expert make sense to the jury.
 
More broadly, at the time of the Hiss trials, the range of proper behaviors was much narrower than it is today.  Men worked and women stayed home to run the house and raise the kids; a web of laws and customs held blacks in inferior positions; swarthy-complected immigrants from Southern Europe, such as Italians, were barely considered to be white people; left-handed people were considered handicapped; people rarely married outside their religious denominations; homosexuality was a mental illness; proper citizens wouldn’t dream of going outdoors not in a coat and tie; and you could tell much more about people’s economic and social status by their clothing than you can today.  Any deviation from these norms might prompt wrinkled noses, raised eyebrows, and even suspicions of mental illness.  The latter was unfathomable and would bar you from decent society forever.  The Hiss Defense tried to use such limits on propriety and decency to make Chambers unbelievable and despicable.  The Defense failed because of Chambers’ articulateness and his cool under fire, and because of the cross-examination of Dr. Binger.  And as Alistair Cooke wrote (at 312), the magician Binger could pull strange and frightening objects from his top hat, but he could not make the documents disappear.
 
Questions:  As you hear Dr. Binger’s direct testimony, do you think to yourself “My God, he’s got Chambers to a T.  Thank God we have modern psychiatry to explain rare mental illnesses like Chambers’”?  Or do Binger’s words strike you as modern witchcraft concealed behind two Harvard degrees?  Psychiatry has changed hugely since 1949.  If you have any knowledge of it, what would a mainstream psychiatrist (if there is such a thing any more) say of Chambers today?  One said to me, “Probably neurotic, but not psychotic by any means.”
 
Concerning procedure, do you agree with Prosecutor Murphy that merely allowing the jury to hear the 65-minute long question listing all of Chambers’ strange acts was itself unfair to Chambers and The Prosecution, and that the judges should have ruled on the admissibility of psychiatric testimony before?