Evening star., 1954-05-09
McCorthy-Zwicker Testimony
Studied for Possible Conflict
R~ the A,.oelniad Prasa

BY the Assoeioted Press
The Justice Department has
been given the job OF determin-
ing whether conflicts exist be-
tween an affidavit by Brig. Gen.
Ralph w. Zwicker and his sworn
testimony last February 18 be-
fore the Mccarthy Investigat-
ing Subcommittee.
1t was sent to the department
Friday at the request of Senator
Mccarthy during the Army Nc
Carthy hearings.
The affidavit by Gen. zwicker,
commanding officer of Camp
Kilmer. N. j.. detailed what Army
Secretary Stevens has termed
"abuse" of Gen. Zwicker by Sem
ator Mccarthy during closed
door questioning over the dis
charge of Maj. Irving Peress of
the Army Dental Corps. 1t was
submitted to the Army before
the transcript of the hearing
was made public.
In his affidavit, Gen. ZWicker
said he was directed to answer
questions relative to hypotheti-
cal situations" one being
whether Gen. Zwicker would
prevent the discharge of a SOL
dier who had stolen $50 but not
that of a Communist conspira-
tor.
Comparisons Shown.
These and other points raised
In Gen. ZWicker's affidavit are
compared here with some re-
lated edpaSsages-neceSsarily linn
tied in length-from the official
hearing record:
Affidavit:
IT was directed to answer
questions relative to hypotheti-
cal situations. One of these hy-
pothetical cases, as presented by
Senator Mccarthy, dwelt on
what action I would take If the
day before a soldier were to be
discharged from the service I
was informed that this soldier
had broken into a store in New
Brunswick and stolen $50. My
reply was that this man would
not be discharged until I was
satisfied either as to his guilt or
innocence"
Hearing record:
McCarthy-Let me ask this
question: If this man Editors
Note: Peress), after the orders
came up =. prior to his getting
an honorable discharge, were
guilty of some crime-let us say
that he held up a bank or stole
an automobile-and you heard
of that the day before I. could
you then have taken steps to
prevent this discharge, or would
he have automatically been dis
charged?
Zwicker-I would have def
nitely taken steps to prevent dis
charge.
Quizzed on Traitor"
Mccarthy further in the rec
ordD But if you heard that this
man was a traitor-in other
words, instead of hearing that he
had stolen $50 from the corner
store, let us say you heard that
he was a traitor, he belonged to
the Communist conspiracy; that
q Senate committee had the
sworn testimony to that effect.
Then would you hold up his dis
charge until he was either ex-
onerated or tried?
Affidavit:
"I replied that I had no proof
available to me that PeresS was
a Communist and that Peress'
discharge was executed strictly
under a directive I had received
from the Department of the
Army and in accordance there
with"
Hearing record:
Zwicker-"On all the evidence
or anything that had been pre-
sented to me as commanding
general of Camp Kilmer. I had
no authority to retain him in
service"
Affidavit:
THE Senator then posed an
other hypothetical question in
substance as follows: If Gen.
John Smith was aware that
Maj. Doe was a proven Com
munist and the general, in spite
of having read the PereSS re-
leases and being familiar with
his case. and knowing that this
officer was a Communist con-
spirator, permitted his discharge,
did I not think that the gen.
eral should be tried and him
self separated from the service"
Additional Queries.
Hearing record: \
Mccarthy. do you think,
General. that any one who is re-
sponsible for giving an honorable
discharge to a man who has
Ioan popNo6 I1yodor 10th oS q