Evening star., 1952-01-25
Hiss Asks New Trial;
Offers Proof Forgery
ByMachine IS Possible
BY shs Assoeiossd Press

BY ih0 Assoeigfod Press
NEW YORK. Jan. 25.-Alger
Hiss is seeking q retrial based on
what he says Is new evidence
which can prove he told the truth
when he said he did not give
American secrets to q prewar Rus
sian spy ring.
The one-time top State Depart
ment aide appealed yesterday for
a third trial. The jury In his
first trial disagreed. The second
trial resulted in q flve-year SEN
tence.
Hiss said he had new facts to
back up his defense that he was
convicted partly by typewriter
forgery.
s And he attacked key testimony
of Whitaker Chambers, self
styled courier for the spy ring.
and a second trial surprise witness
who identified herself as Cham
hers' former maid.
s Has Served 10 Months.
The new plea came 10 months
after Hiss. a right-hand man for
the late President Roosevelt at
Yalta. began serving his term.
The motion viii be argued Febr1-
ary 4.
At both trials the Government
contended Hiss used q battered
old typewriter to copy State De-
partment documents and gave
copies to Chambers.
The typewriter was key exhibit
ut both trials.
It was generally accepted there
AS elsewhere-ti1at each type
writer had unmistakable traits of
its own.
But Hiss motion said engineers
had built him a special typewriter
that would type just like the old
one.
'Hampered" by FBI.
He said this indicated Chambers,
his principal accuser, could some
how have forged the documents.
Furthermore, his petition said,
the old typewriter used at the
trials might even have been "a
plant" and not the one Hiss once
used.
His lawyer, Chester T. Lane. ac-
cused the Federal Bureau of In
vestigation of hampering his ef-
forts. and said:
I'VE search for records-the FBI
has them.
1--WE ask questions-the FBI will
not let people talk to us.
Surveillance Feared.
1--WE request access to ordinary
documents in corporate files
corporate officials fear the wrath
of their stockholders. -. And
even worse. honorable and patri-
otic citizens who have wanted to
help have been deferred by the
Observation-Disclosures or not it is
real-of official surveillance and
wire-tapping."
The motion. also contended::
/. Lee PresSman, former attor-
ney for the Congress of Indus
trial Organizations, contradicted
Chambers trial testimony by tell
ing the House Un-American Ac-
tiyities Committee that Hiss was
not a fellow member Of Com
munist cell. ~
Chambers testified Hiss and
Pressman were in the same cell
IN 1884. Later, Pressman told the
committee that he had been a
member-but not Hiss. b
Contradictions Offered.
2. Proof could be produced
Chambers broke with the Com
munist Party and went t'into hid
ing" in March, 1888, although he
testified he received secret docu-
ments from Hiss as late ais April
!, 1888.
3. Evidence is available which
contradicts the testimony Of Edith
Murray, a servant, who said she
saw Hiss at Chambers home in
Baltimore IA years earlier.
Mr.. Lane said he has two af1-
davits saying Chambers did not
have a maid at that time.
Couldn't Cross Examine.
Hiss attorney said Miss Murray
had been used as q Government
witness on the last day of the
trial.
Thus. he added, "the defense
had no way of preparing to test
her truthfulness or the accuracy
of her recollection by cross-exami-
nation"
Hiss was convicted on January
IS. 1860. The United States Court
Of Appeals affirmed the conviction
and the Supreme Court decided
not to review the case.