Evening star., 1954-10-31

unenvioble future when he reg
Secretary of State when he
said, after Hiss conviction, "I
will not turn my back on Alger
Hiss"
Donald Hiss, too, was accused
by Chambers of having turned
over Government documents to
Chambers when he was in the
State Department. During his
brothers second trial, Donald
Hiss denied this under oath.
The Government never took
any action against him.
Further Action
Does the Government plan
any further action against
Hiss?
The question brings an Of
f1cial mo comment" from a
Department of Justice spokes-
man in Washington. Unofi-
cially, one gets the impression
that no further action is
planned. The statute of limi-
tations on peacetime espionage
has run out for Hiss. However,
it would be something else if
a witness now comes forward
and says Hiss committed war
time espionage.
Theoretically, there Is also
this possibility: Hiss could
again be summoned to testify
before a congressional COM
mittee. Again he could be
asked: Did you give Cham
bers secret Government docu-
ments? If he answers, no, he
conceivably could be again
prosecuted for perjury.
Although the same question
and the same answer are in
volved, lawyers explained, it
would be regarded as a new
perjury. However, Justice De-
partment people think this
possibility is highly unlikely.
Whereas a second prosecution
technically might not be
double jeopardy, they say, it
would be regarded as such by
many people who might say
he was being prosecuted.
Hiss went to Jail protesting
his innocence. He will come
out of Jail still determined to
prove it. his friends report.
He'll continue to try to
vindicate himself and to ex-
pose the frame-up against
him." says his lawyer, Chester
Lane.
I'm certain in my own
mind he is not holding back
any information or protecting
any one. He has given me
free rein to dig wherever I
wanted to. I did, in many
directions, and I never found
anything to make me believe
he was guilty." says Lane.
I'll keep working trying to
prove his innocence but at the
moment I don't feel too en-
couraged. Still, I'm continually
expecting a break"
Free LeeoI Aid
While he is convinced of
Hiss innocence, Mr.. Lane
grimly conceded that the
word. expecting" might be
more realistically replaced by
the word, hoping" Mr.. Lane
and other attorneys in his
firm now work for Hiss with
out fee. Their clients funds
were exhausted long ago.
Donald Hiss says he, too, is
confident of his brothers in
nocence but is not optimistic
about legal proof.
Il don't think Alger will be
able to vindicate himself in
our lifetime" he says. It'll
take a long time to unwind
the spider web spun around
him. 1t is difficult to prove a
negative, to prove legally that
a man is not guilty."
Alger Hiss went to Jail at a
time when the Nations fear of
Communist subversion rose
like a whirlwind. But the
gusts evidently did not affect
the reluctant tenants of
Lewisburg.
Penal officials deny pub
lished reports that at times
Hiss was abused by fellow
prisoners. that occasionally a
passing convict snarled "trai-
tor or spy"
Convicts, it is explained,
generally don't hold the other
fellows crime against him;
they are more apt to unite in
a sullen hostility against all
authority.
Mr.. Lane, who visited his
client seven or eight times in
prison, says Hiss never ex-
pressed any bitterness and
seemed to have adjusted well
to prison life. But he adds:
He seems to have gotten
along well with the other in
mates and the staff. He got
only the minimum of fair
treatment due him. For ex-
ample, another man serving
the same sentence and earning
the same amount of good time,
would have been released in
August, not November. But
that is discretionary with the
officials"
Donald Hiss says that in his
letters Alger never complained,
never appeared bitter or de-