Evening star., 1949-07-12
Five Hiss Case Jurors
Quoted as BELIEVING
Judge Showed Bias
BY the Associated Press

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trial jury show five believe Fed
eral Judge Samuel H. Kaufman
was biased in favor of the defense
The newspaper said two of the
IL jurors stated they do not think
the judge showed bias, one refused
to take a stand, three had no COM
ment and the 18th could not be
reached.
Judge Kaufman, who has been
accused of bias by some members
of the House Committee on Un-
American Activities, issued this
statement last night:
After comforting with some of
the judges in this court, I will
stand on the record and will not
enter any debates. The record
speaks for itself"
Trial of Mr.. Hiss, former State
Department official, ended Friday
night with the jury split eight for
conviction and four for acquittal.
The Government plans to bring
MIR. Hiss to trial again.
Patterson Wrote Hiss.
Robert P. Patterson, former
Secretary of War and now presi-
dent of the Bar Association of the
City of New York. is among those
defending Judge Kaufmans con-
duct of the trial.
Two newspapers disclosed yes
terday that Mr.. Patterson wrote
to Mr.. Hiss last August - after
charges first were made against
Mr.. Hiss - and expressed con-
tinued confidence in him.
Mr.. Patterson's letter to Mr.
Hiss said:
This is just q line to say that
the stories in the press this morn
ing have not made the slightest
dent in my trust and confidence
in you.
You and Clark Eiche berger
started the organization of the
Committee for the Marshall Plan
which was certainly $50 degrees
from the party line I have that
in mind as we'll as many other
things"
Mr.. Patterson said last night
that the letter was quoted COR
rectly, but he refused further
comment.
Whitaker Chambers. chief &C
cuser of Mr.. Hiss, testified at the
trial that Mr.. Hiss furnished Gov
ernment secrets for transmission
to a preWar Soviet spy ring. Mr.
C h a bers, self-styled former
courier for the alleged ring, also
said Mr.. Hiss was a Communist.
Prosecution Objected.
Study of the transcript of the
trial showed yesterday that Judge
Kaufman allowed a defense pSy-
chiatrist to observe Mr.. Chamber.
on the witness stand over prosecu-
ton objections.
After a number of days observing
Mr.. Chambers, the psychiatrist, DR.
Carl A. L. Binger, appeared briefly
as a defense witness.
When Defense Counsel Lloyc
Paul Stryker asked the psychiatris1
a lengthy question about Mr.
Chambers background, Judge
Kaufman refused to allow the
doctor to answer, and ordered the
question stricken from the record
This incident was among those
cited in attacks by House members
on the way Judge Kaufman con-
Quoted the trial.
The transcript shows that at a
session in the judges chambers
Thomas F. Murphy. chief Govern
ment prosecutor, said:
I'm going to ask now of your
honor that you exclude all wit
nesseS (from the courtD, including
the doctor who's sitting there"
Murphy Saw Insult"
II think" Mr.. Murphy was
quoted in the record as saying, lit
has reached Hollywood proportions
now with the doctor sitting right
there in the courtroom, and think
it is an insult to every lawyer in
the court.
Furthermore, it intimidates the
witness and 1t is an inference
before the jury that perhaps there
is something mentally wrong with
this witness which is not observ-
able to anybody else"
The record quoted this reply
by Judge Kaufman:
"Well, Mr.. Murphy, on that sub
ject I have a memorandum from
Mr.. Stryker indicating the COM
potency of such testimony.
I will not exclude the doctor on
the representation of Mr.. Stryker
that he probably is going to call
him as a witness"
The Herald Tribune gave this
lineup of the jurors on the way
they felt the trial was conducted:
Mrs. Helen G. Sweat, a real
estate broker, who voted guilty
said she felt there was a great
deal of bias against the prosecu-
ton"
John S. Adrian, funeral home
office manager, who voted guilty
thought the judge favored the
defense as far as the admission
of witnesses was concerned" but
said, II didn't let it influence me. -
Frederick w. Gaffney, oil COM
pany delivery superintendent, who
voted guilty, said some of the
judges decisions were-well, let's
call them one-sided. But again
that could have been according to
law. I did give thought to the
fact that the judge seemed to be
turning down a lot of prosecution
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