Evening star., 1949-12-22
Hiss Believed Makino
Better Appearance
Than in First Trial
By NewboId Noyes, Jr.
Sfar Stoff Correspondent

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Sfor Stoff Correspondent
NEW YORK, Dec. GA five.
day Christmas recess began today
In the Alger Hiss perjury retrial
which is scheduled to resume ir
Federal Court Tuesday before
Judge Henry w. Goddard.
Mr.. Hiss, 45-year-old former
State Department official, was on
the witness stand all day yester-
day, and all but IS minutes of
the session was occupied with a
direct examination of the de-
fendant which began last Monday.
Defense Attorney Claude B.
Cross apparently was anxious to
send the jury of eight women and
four men home for the holiday
with Mr.. Hiss direct testimony as
its last clear impression of the
trial. Through much of the day.
he seemed almost to stage a sort
OF f1libuster to this end.
Earlier Testimony Cited.
When he finally released his
witness. Thomas F. Murphy. as
sistant United States Attorney,
had time for little more than to
read a few excerpts from earlier,
less positive testimony of Mr..
Hiss, given at his first trial and
before the House Committee on
Un-American Activities. 1t was as
If the prosecutor sought to take
the taste of Mr.. Hiss impressive
performance of the last days out
of the jury's mouth before ad-
journment.
Observers were of the mani-
nous opinion that MIR. Hiss ap-
peared to much better advantage
in his direct testimony this time
than he had at the first trial,
which ended with a hung jury
last July 8. He was less self-con-
scious, less guarded, less cocky,
less smooth, less dramatic. lie
did not smile charmingly at the
jury as he had before. In short,
he seemed more earnest and be-
lievable.
Mr.. Hiss is accused of falsely
denying to Federal Grand Jury
last December Is that he gave
secret State Department papers to
Whitaker Chambers, an admitted
ex-Communist agent, in 1887 and
1888.
Denies Heading Red Unit.
In questioning Mr.. Hiss yester-
day, Mr.. Cross had him lecture
the jury on everything from the
State Departments room layout
in 1887 to the principles of the
Neutrality Act of 1885.
Mr.. Hiss swore he had never
headed Communist apparatus"
or worked in one-in the State
Department or anywhere else.
Mr.. Cross directed his ques-
tions particularly to the four
handwritten notes which are in
cluded, with typewriter and
microf1lmed material in the COL
lection of secret papers produced
by Mr.. Chambers against Mr.. Hiss.
It is conceded the handwriting
on these notes is Mr.. Hiss.
The witness said he made notes
like these to aid him in reporting
to his boss, Assistant Secretary of
State Francis B. Sayre, on i'm
portant dispatches received in the
department.
Threw Notes in Wastebasket.
did you throw them in the
wastebasket when you were
through with them?" Mr.. Cross
asked.
YES" said Mr.. Hiss. Some
times I might tear them up. Or
I might crumple them up" He
pointed to the four little sheets
of scrap paper which are Govern
ment Exhibits /, 2, and 4 in
this trial. Sometimes" he said.
II put them in just that way"
Mr.. Hiss stressed that his office
door was always open. He said
people often drifted into his Of
flee when he was not there to wait
for him or for Mr.. Sayre. This
has been denied by Miss Eunice