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Chapter 34: The Impact of the Guilty Verdict on America

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

Release Date: 08/23/2023

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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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 Podcast gives an overview of the many and complex reactions to the guilty verdict.  Everyone, it seems, accepted the factual correctness of the verdict.  But many liberals could not help making up excuses for Hiss, or damning Chambers for being fat and melodramatic.  And many conservatives and populists could not help painting all liberals and Harvard graduates with the black pitch of Hiss’s treason.  Most interesting and encouraging to me, a significant number of liberals and Democrats were sufficiently mature and morally alive to engage in genuine introspection and self-criticism, to admit they had ‘blown it big time’ when it came to Soviet traitors in our midst, and to resolve to fashion a liberal anti-communism that was just as vigorous as what Republican conservatives had been offering for decades.
 
 
FURTHER RESEARCH 
 
The McCarthy Era, although sparked by this Case, is an oceanic subject beyond the scope of these Podcasts.  If you want to read about it, among the best conservative books are George H. Nash’s “The Conservative Intellectual Movement in America Since 1945” (Basic Books 1976), esp. 84-130; and Richard Gid Powers’ “Not Without Honor:  The History of American Anticommunism” (Free Press 1995), esp. 191-272.See also Professor Harvey Klehr’s essay “Setting the Record Straight on Joe McCarthy,” https://archives.frontpagemag.com/fpm/setting-record-joe-mccarthy-straight-harvey-klehr/.
 
Among the far more numerous, totally anti-McCarthy books are David Caute’s “The Great Fear:The Anti-Communist Purge Under Truman and Eisenhower” (Touchstone 1979), esp. 56-62; Fred J. Cook’s “The Nightmare Decade:The Life and Times of Senator Joe McCarthy” (Random House 1971); Victor Navasky’s “Naming Names” (Viking 1980) (especially the early pages); I.F. Stone’s “The Truman Era: 1945-52” (Little Brown 1953) (Stone was himself a secret agent of the Soviet Union); and James A Weschler’s “The Age of Suspicion” (Random House 1953).  I must note that it was a stroke of genius for the minimizers of Communist treason to name the era after anti-Communism’s most irresponsible big name.  This is as if racists had succeeded in labeling the civil rights movement The Al Sharpton Movement.  
 
Concerning the impact of the Hiss verdict in particular, Dean Acheson, in his autobiography “Present at the Creation:  My Years at the State Department” (Norton 1987), titles his pertinent chapter (at 354) “The Attack of the Primitives Begins.”  Alistair Cooke (at 340) also saw nothing good coming from Hiss’s conviction.  A more mature view, at page 267 of Walter Goodman’s “The Committee:The Extraordinary Career of the House Committee on Un-American Activities” (Farrar, Straus & Giroux 1968), is that the Hiss-Chambers Case “whip[ped] up a storm which did not last long but left ruins in its wake.”  Other more realistic analyses of the Case’s impact on America are in Weinstein at 529-47 (chapter titled “Cold War Iconography I:  Alger Hiss as Myth and Symbol”); the best single essay on this Case in my opinion, Leslie Fiedler’s “Hiss, Chambers, and the Age of Innocence” at 3-24 of his “An End to Innocence:  Essays on Culture and Politics” (Beacon Press 1955) and Diana Trilling’s essay “A Memorandum on the Hiss Case,” first published in The Partisan Review of May-June 1950 and re-published at 27-48 of Patrick J. Swan’s anthology of essays on this Case, “Alger Hiss, Whittaker Chambers, and the Schism in the American Soul” (ISI Books 2003).  The latter two essays I highly recommend.
 
Questions:  If you had been adult when Hiss was convicted, what would have been your reaction to his conviction?  ‘Justice at long last,’ ‘a miscarriage of justice,’ ‘guilty but a fair trial was impossible,’ ‘technically guilty but with an excuse,’ or something else?  Would your reaction have been purely emotional/political/tribal, or would you have cited one or more facts to support your reaction?  Would you have been totally certain that your reaction was the right one, or would you have harbored some doubts?