Evening star., 1949-12-14
.Sayre Testifies
As Surprise
Hiss Witness
Former Boss Fails to
Answer Question on
Reputation as of Nov
By NewboId Noyes, Jr
Stor Staff Correspondent

NEW YORK, Dec. 14.-Alger
Hiss former boss in the State De-
partment came to his defense in
the Federal Court perjury retrial
today.
The surprise witness was former
Assistant Secretary of State
Frances B. Sayre. Mr.. Hiss was
his assistant in 1887 and 1898.
The Government says it was in
those years that Mr.. Hiss slipped
secret papers to Whitaker Cham
bers. Mr.. Sayre said he found Mr..
Hiss IAN outstanding man" He
said Mr.. Hiss never failed to per-
form properly the duties assigned
him.
Mr.. Sayre did not say, however,
whether he thought Mr.. Hiss rep
utation for loyalty and truthful
ness is good or bad-as of today.
Prosecutors Objection Sustained.
Defense Attorney Claude B.
Cross put the latter question to
Mr.. Sayre at the end of an hour
long direct examination of the
witness, who was not called by
either side at Mr.. Hiss first trial.
That trial ended with a hung jury
last July 8.
What is his reputation gener-
ally?" the lawyer asked.
Mr.. Sayre asked if he should
give his own opinion, but Thomas
F. Murphy, assistant United
States attorney, put his foot down
on that line of testimony through
and objection which was sustained.
Mr.. Sayre hesitated.
"You mean now?" Mr.. Sayre
asked.
Mr.. Cross said that was what he
meant, and Mr.. Sayre then re-
Piled:
There are some who believe
absolutely in the integrity of his
character. There are others who
do not"
Finds Difficulty Answering.
Mr.. Sayre said that opinions
about Mr.. Hiss are SO widely varied
he found 1t difficult to give a
sweeping answer"
Again, the witness asked If he
could state his own view of Mr..
Hiss character. and again he was
blocked by the prosecutor. Mr..
Sayre did say, however. that be-
fore MIR. Hiss was denounced as
Communist by Mr.. Chambers in
August. 1948, his reputation was
"of the best"
Mr.. Sayre is a lawyer. a former
professor at the Harvard Law
School, and observers speculated
whether he had been inadvertant-
ly trapped into his inability to
vouch for Mr.. Hiss present repu-
tation, or whether he had de-
liberately worded his answers so
as to avoid the necessity of in
dorsing Mr.. Hiss as. of today.
Prosecutor Is Angered.
Whatever doubt the jury might
have on this question, there was
no doubt that Mr.. Sayre went as
far as Prosecutor Murphy and the
court would let him in conveying
the fact that he believed implicitly
in Mr.. Hiss when the two were
working together in the State De-
partment in the .1930s.
The prosecutor, who objected
frequently during Mt. Sayre's di-
rect testimony, and was clearly
angered at some of Judge Henry
w. Goddard's rulings for the de-
fense, champed at the bit as the
luncheon recess approached, watt
ing to take Mr.. Sayre on cross
examination.
The witness said that it was he
who made a recommendation in
1885 to former Secretary of State
Cordell Hull that Mr.. Hiss be en-
ployed as his assistant in the
State Department.
He offered to produce a copy
Of letter to MIR. Hull as evidence
of this fact. Mr.. Murphy strong
ly objected and his protests pre-
vailed, temporarily at least, when