Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-03-25
The Political Mill
Truth Is the Essential
In Feud Over Schine
One Way Is to Permit Both
Sides to Cross-Exumine
By Gould Lincoln


Sides to Cross-Exumine
By Gould Lincoln
The question whether witness or his
counsel in a congressional investigation
should have the privilege of cross-exam-
lining an opposing witness has time and
again been decided in the negative.
The case of Senator Mccarthy, who
is expected to appear as witness in
his controversy with officials of the
Army Department. presents several new
angles. however. In the first place, SEN
ator Mccarthy remains not only Sem
ator but also a member of the COM
mittee which is to make the investiga-
ton. In the second place, Senator Nc
Carthy has agreed that the privilege of
cross-examination be accorded to the
officials of the Army Department, who
also will appear as witnesses.
AS a practical proposition, it is diff
ficult to see how it will be possible to
deny Senator Mccarthy the right of
questioning his opposing witnesses, UNI
less he is thrown off the investigating
committee He could, If he wished VOL
unfairly agree not to cross-examine.
The questions at issue, boiled down,
in this inquiry now coming up are (a)
Did Senator Mccarthy and the chief
counsel of the investigating committee.
Roy Cohn, attempt to obtain an Army
commission or other preferential treat
ment for Pvt. Dave Schine, volunteer
investigator for the committee. as
charged by the Army Department
officials? and (b) did the Army Depart
ment seek to put an end to the investi-
CATION of alleged Communists in the
Army. as charged by Senator Mccarthy
and Mr.. Cohn? Each side has violently
denied the truth of the allegations Of
the other.
Cross Examination Issue.
1t has been argued by opponents Of
Senator Mccarthy that he should have
nothing to do with the investigation,
including the privilege of cross-exami-
nation. 1t has been strongly stated by
President Eisenhower, as we'll as by
other Republican leaders, that no one
who is under investigation should have
part in passing upon the merits of the
case. Senator Mccarthy has volun-
tarily retired from the Craftsmanship
of the investigating committee for this
particular inquiry He has also agreed
not to take part in any voting in COM
mlttee. What he has continued to in
slst is that he shall have the privilege
OF questioning other witnesses.
The real essential is to get at the
truth, and the whole truth, in this con-
troversy between Mccarthy and the
Army Department. One way to get at it
is to permit cross-examination by both
sides. II there is no cross-examination
Senator Mccarthy or the Army Depart
ment. or both, may have an alibi, when
the findings of the investigating COM
mlttee are made. To put it mildly, this
is an unusual and an unfortunate case.
So much publicity has been given to it
the country is entitled to all the evil
dence that may be obtained.
Shoe on Other Foot.
The question of cross examination re-
Veals a strange contradiction so far as
Senator Mccarthy and some of his op-
ponents are concerned Senator Nc
Carthy has been harshly criticized be-
cause of his methods of investigation.
He has not included ip his investigating
the privilege of croSs-eXamination by
any of the persons he has had under
investigation, or by their counsel. On
the other hand some of his severest
critics have insisted that witnesses be
granted the right of cross-examination,
either by themselves or through counsel
the privilege which Senator McCar-
thy is now demanding for himself. For
example. code of procedure for SEN
atorial Investigations. advocated by
Senator Morse of Oregon, Independent.
and Senator Lehman of New York,
Democrat, includes the right of wit
ness to confront and cross-examine his
accusers
The Republican Policy Committee Of
the Senate has suggested a set of rules
for procedure for senatorial investiga-
tionS in an effort to obtain greater fair
play for witnesses. One of the proposed
rules is that witnesses shall have the
right to be advised by counsel during
their interrogations. There was no sug-
geStlon OF the privilege of croSS-eXami-
nation. The argument has been made
that to permit croSS-examination by
witnesses and their counsel would be
to string out forever a senatorial in
veStigation; that it would make of a
senatorial inquiry a court procedure.
which is not at all the character or in
tent of a congressional inquiry. Occa-
sionally in the. past. witnesses at con-
gressional Investigations have been per.
mitted to hand questions to a member
OF the investigating committee to put
TO opposing witnesses. but that has
been rare.