Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-06-20
By Robert K. Welsh
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sy Robert K. Welsh
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NEW YORK. June 2o-SeN-
stipulated legalists. morals;s and
psychiatrists. II piled together At
the trial Of Alger Hiss, would ever
shadow the Skyseraper courthouse
where the case goes into its fourth
week today.
! Defense and prosecution have
struggled along surprisingly well
without accepting most Of the a.
vice and theories freely offered 10
esther side.
/ The former State Department
assistant u a nrst-rate lawyer IN
his own right. with training that
included work with Chief Justice
Oliver Wendell Holmes Defending
him is O well-halanced team in the
dynamic Lloyd Paul Stxyker and
| the scholarly Edward c. Mclean.
The Government need not apol-
ogize for Assistant United States
Attorney Thomas r. Murphy. Con-
founding those who looked at him
as stodgy. slow and q slave to de-
tail. the chief prosecutor has
shown he can land mighty men
tai punch In keeping with his TIRE
mendous physical frame He man
aged. at least, TO keep the defense
on the defensive. despite Mr.. stry-
ker's battering OF Whitaker
Chambers.
Someone Is sim Lying.
! Yet. a good word can be said for
numerous watchers who daily pop
up from all angles with sugges-
tons and speculation. They dis
agree on almost everything. except
one prime undisputed fact. The
fact is that someone In this trial
is still lying. Is 1t Mr.. Hiss or the
former Communist courier. Mr..
Chambers?
Attorneys. and Federal Judge
Samuel H. Kaufman. from time to
time urge that everyone con-
cerned keep an eye on the BALI
and stay on the beam"
This is a perjury trial. Mr.. Hiss
was not indicted on charges OF
stealing State Department docu-
ments. or having belonged to a
Communist underground group.
He Is accused of having lied to q
Federal grand jury. He contends.
and doubtless will testify on the
stand this week. that the real
liar is Mr.. Chambers who laid
that story at his door.
Before his trial started May 81,
there were the usual complaints
that the Government resorted
necessarily perhaps but unfor-
tunately. to roundabout and
relatively minor statute In an
effort to convict q defendant Of a
far more serious crime. Why. 1t
was asked In effect, does the Gov
eminent have to rely on q plea
yune thing like perjury instead OF
Observation-Disclosures prosecution
for espionage?
Protected From Spying Charge.
The answer to part Of the
question Is that Mr.. Hiss as we'll
as Mr.. Chambers, whoever is the
actual culprit. Is protected be-
cause the statute of limitations
has long since run out on the es-
pienage offense. >F-
But, more and more as the trial
moves into its final stages. the
corridor barristers, street-corner
psychiatrists and lunch-hour NOR
alists have become increasingly
impressed, and, somewhat awed.
by the. real nature and enormity
Of the crime Of perjury itself.
The perjury at issue here is no
mere so called white lie. II Mr..
Chambers is classifying. Mr.. Hiss
might be the victim of one of the
most terrifying frame-ups In the
history of the United States. II
Mr.. Hiss has not told the truth.
something considerably bigger
than Mr.. Chambers might be de-
famed and dishonored.
/ Those who study the case
| principally from a moral and eth
ical standpoint believe this trial
already has demonstrated how
gravely the country itself. and es-
pecially its judicial system. can
be threatened by false testimony
under oath to God.
Proof L. Difficult.
Those interested particularly in
intense, complicated legal strategy
cite this trial as unusually impor-
tant and difficult. Mr.. Hiss was
indicted under q Federal criminal
code section which provides that:
whoever. having taken an oath
before q competent tribunal. In q
case In which q law Of the United
States authorizes an oath to be
administered. that he viii testify.
depose, or certify truly tbuD will
fully and contrary to such oaths
states or subscribes any material
matter which he does not believe
to be true, is guilty Of perjury and
shall be fined not more than
81, 900 or imprisoned not more
than five years. or both"
With that legal definition Of
perjury. however. the Govern
tment must do more than simply
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