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Chapter 35: Forgery by Typewriter

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

Release Date: 08/30/2023

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
 
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 they had their non-stop dance party; then Chambers found it there and typed up The Typed Spy Documents himself on it as the conga line snaked past.  That didn’t convince, either.  Third — and this is the subject of this Podcast — in a Motion for a New Trial on Grounds of Newly Discovered Evidence, Hiss’ new lawyer speculated that Chambers in 1948 had made a fake typewriter, which typed just like The Hiss Home Typewriter, and had typed up The Spy Documents on it; then Chambers found where the real Hiss Typewriter was (in the nightwatchman’s home, you remember), stole it and planted his fake there, and waited for someone to find the fake and for everyone to assume it was the real Hiss Home Typewriter.  Quite a frame-up, if true.  But did that really happen?  Is it even plausible?  Podcast #35 explores this theory, which Hiss stuck to till his dying day (with numerous variations as each old one failed).
 
FURTHER RESEARCH
 
The best dissection of The Forgery by Typewriter Theory is Chapter 2 (titled “Chambers”) in “Ex-Communist Witnesses:Four Studies in Fact Finding” by Professor Herbert L. Packer of Stanford University Law School (Stanford University Press 1962) at 21-51.  Others are Cornell/Georgetown/Minnesota Law School Professor Irving Younger’s article “Was Alger Hiss Guilty?” in Commentary Magazine’s August 1975 issue, available at https://www.commentary.org/articles/irving-younger/was-alger-hiss-guilty-2/; and the Appendix to professor Weinstein’s book, titled “‘Forgery by Typewriter’:  The Pursuit of Conspiracy, 1948-97,” at pages 624-30, 632-34, 645-47.  The version of Alistair Cooke’s book (“A Generation on Trial:U.S.A. v. Alger Hiss”) that was published in 1952 has a few new pages at the end, 347-54, describing Hiss’s Motion for a New Trial and the Court hearing about it.  Judge Goddard presided, and Cooke notes (at 348) that the audience included “leisured and unidentified old ladies who appeared at all Hiss hearings with the ritual fatalism of the annual pilgrims to Valentino’s grave.”  Cooke writes (at 348) that “several excellent lawyers were dumbfounded by the claims that the defense now put forward.”  After describing Judge Goddard’s dismissal of those claims, Cooke ends his book with the following words.  “Four years had passed since the names of Hiss and Chambers shook the nation.  Now there was another Presidential campaign, and the Democrats were in full fling at their convention in Chicago.  Judge Goddard’s word, perhaps the last, about Hiss was lucky to earn a few lines at the bottom of the inside pages of newspapers.  In most it earned none.  Hiss had passed into shame and into history.”
 
Here is my list of the people who, Hiss defenders have speculated over the decades, masterminded or participated in the framing of Hiss (in most cases involving forgery by typewriter): Whittaker and Esther Chambers, J. Edgar Hoover and the FBI, Ambassador William C. Bullitt, Jr., Richard and Pat Nixon, the Democratic financier and Presidential advisor Bernard Baruch, President Truman’s Secretary of State James F. Byrnes, the Dulles Brothers, supporters of the Chinese anti-communist dictator Chaing Kai-Shek, a Nazi sympathizer who owned a typewriter store in New York City, the U.S. Army Counter Intelligence Corps, and a private detective named Horace Schmahl.
 
If you are interested in the broader question of why people believe highly implausible stories, I recommend Michael Shermer’s book “Why People Believe Weird Things: Pseudoscience, Superstition, and Other Confusions of Our Time” (St. Martin’s Griffin 2002); and a delightful article by the Brandeis University Professor Jacob Cohen, “Will We Never Be Free of the Kennedy Assassination?,” published in the December 2013 issue of Commentary Magazine and available at https://www.commentary.org/articles/jacob-cohen/will-we-never-be-free-of-the-kennedy-assassination/.
 
Questions:  Here are two questions I have asked myself for years but never answered satisfactorily.  Can you help me?
 
(1) In his Motion for a New Trial, Hiss claimed that Chambers did the forgery all by himself, or with the help of Communist friends.  This seems plainly ridiculous.  Chambers had neither the time, the tools, nor the talents to forge a typewriter and, by 1948, no Communist friends to help him.  My question:  why was it only years later that Hiss claimed that Hoover and the FBI had committed the forgery?  The FBI was obviously the only organization in the US that even arguably had the necessary time, tools, and talents.  What prevented Hiss from aiming, from the start, at such an obvious target?
 
(2). Hiss publicized his Forgery by Typewriter theories for decades, and his supporters have carried the torch in the decades after his death.  They are articulate people, they have occasionally had generous funding, and they know lots people in the nation’s media who would love another story of an innocent gentleman framed as a Commie the early Cold War years.  But if you Google “Famous Conspiracy Theories” or “Top 25 Conspiracy Theories of All Time,” you will not find Hiss’s Forgery by Typewriter Theory.  Why?  Why has Hiss’s conspiracy theory not achieved the popularity of the theories about the assassinations of JFK and RFK, or of the alleged landings at Roswell and the alleged non-landings on the Moon?  Is his theory too implausible or too complicated for a large audience, and/or is Hiss too cold a fish to be sympathetic?