On the evening of August 3, 1948, the day on which Chambers first

testified before the House Committee, Hiss (if he was to be believed)

had telephoned Dulles, who was then Chairman of the Board of the

Carnegie Endowment. In view of Chambers’ testimony, he had offered

to resign if Mr. Dulles thought that his fellow trustees would be

unduly disturbed by the allegations that the _Time_ editor was making.

Although Dulles could not remember any such conversation, he did recall

that he had had a discussion with Hiss late in August. “Mr. Hiss said

... that he had come to the conclusion that he had probably better

resign, but that it would be questionable whether he ought to resign

while the hearings were going on, because that might seem to be some

admission on his part--and I quite agreed with him that any action like

his resignation ought not to take place while the hearings were going

on.” Hiss did indeed tender his resignation on December 12, 1948, but

it was not accepted and he had remained as President until his term

expired on May 31, 1949.

After Murphy tried--unsuccessfully--to put Hede Massing, the former

wife of Communist Gerhard Eisler, on the stand, the trial ground to

a halt in a welter of minor rebuttal witnesses on both sides of the

fence, none of whom contributed a great deal to anyone’s store of

essential information. An FBI agent who had interviewed Hiss in 1946,

the assistant registrar of the University of Maryland, a counselor at

a camp attended by Hiss’ stepson, and the proprietor of a small summer

hotel in Chestertown, Maryland, who, because of illness, testified by

deposition, did little more than add a few hours to a trial that was

already into its sixth sweltering week.

Stryker’s summations lasted more than four hours. As far as he was

concerned, it was simply a question of Chambers’ credibility. Murphy,

he reminded the jury, had summed it up best himself in his opening when

he had said that “... if you don’t believe Chambers then we have no

case under the federal perjury rule.” And who could believe a chronic

perjurer, a fornicator, a confessed spy, an atheist, a pornographic

poet and a blasphemer? “The case comes down to this,” he told his

twelve auditors, “who is telling the truth? Alger Hiss or Chambers?”

There was no doubt as to how he had answered this question for himself.

“I would not believe Chambers on a stack of Bibles if the FBI stacked

them as high as this building!”

Toward the end, Stryker’s face was as red as the hand with which he

relentlessly pounded the rail of the jury box. “Ladies and gentlemen,”

he begged them, “if I have done anything that you don’t like, if I

have offended you, any one of you, in any way, hold it against me, not

against Alger Hiss.” Exhausted and shaken, he turned slowly and looked

toward the counsel table where his impassive client sat. “Alger Hiss,

this long nightmare is drawing to a close. Rest well. Your case, your

life, your liberty are in good hands. Thank you, ladies and gentlemen.”

Murphy, retreating somewhat from his ill-chosen definition of the

federal perjury rule, confessed that he wasn’t resting his case on

Chambers alone. There were the documents and the Woodstock. If Hiss’

contradictions about the apartment and the car he had turned over

to Chambers weren’t convincing enough, how could the handwritten

documents be explained away? Even the defense’s location of the missing

typewriter was suspect--if the FBI couldn’t find it, why was it so

ridiculously easy for Ed McLean to trace it to Ira Lockey’s house? “I

submit that two things must be clear; one, that the typewriter was

in the possession of the Hiss family until at least Mr. Chambers’

defection, until he left the Party; and two, that the Catletts had the

typewriter for some time after that....”

“We have shown you here,” he thundered at the jury, “the typewriter,

the original State Department documents, the documents in this

case--three solid witnesses.” The dozen or so character witnesses the

defendant had put on the stand couldn’t change that. “Mr. Stryker

said that he was going to call the shade of Oliver Wendell Holmes

and have the ghost of that revered Justice testify on behalf of the

defendant. And I said to myself, if he is going to call the shade of

Justice Holmes, there are a couple of shades that I would like to call

here. One man’s name was Judas Iscariot and the other’s Major General

Benedict Arnold.” He paused a moment to let that sink in. “But let

me dwell a moment on reputation. I dare say that Judas Iscariot had a

fairly good reputation. He was one of the Twelve. He was next to God,

and we know what he did. Benedict Arnold came from a fine family. He

was made a major general and sold out West Point. He wasn’t caught.

But, if he had been caught, don’t you think he could have had George

Washington as a reputation witness?”

He was almost through. “You are the second jury to hear this story,” he

told them. “The Grand Jury heard the same story. The Grand Jury heard

this traitor and Mr. Chambers, and that Grand Jury indicted Hiss. It

indicted Hiss because he lied. He lied to them and I submit he lied

to you. The Grand Jury said he lied twice on December 15th. And as a

representative of 150,000,000 people of this country, I ask you to

concur in that charge of the Grand Jury. I ask you as a representative

of the United States Government to come back and put the lie in that

man’s face.”

The jury retired at 4:20 on the afternoon of July 7th. Six hours

later, after their foreman had informed Kaufman that there was no

possibility of reaching a verdict that night, the jurors were sent to

a hotel. At noon the next day, they filed back into the jury box to

listen to Kaufman’s repetition of the portion of his charge dealing

with corroborative and circumstantial evidence. Three hours later, the

foreman asked a bailiff to deliver a note to the judge informing him

that “the jury feels that it cannot arrive at a verdict.” At 4:45, he

forwarded a similar communication. Kaufman begged them to try once

more, but at 8:55 they announced that “the jury finds it impossible to

reach a verdict.” This was enough for Kaufman who discharged them “with

the thanks of the court.” The trial was over.

Four months later, the United States of America _versus_ Alger Hiss

encored, this time with District Judge Henry W. Goddard at the helm.

Tom Murphy was still around but Stryker had yielded to Claude B.

Cross, a quiet, unassuming Boston elder who looked as if he had never

pounded a counsel table in his life. A jury of seven women and five men

was quickly selected and, on the afternoon of November 19, 1949, the

Government began its second go-round in its attempt to convict Alger

Hiss of perjury.

With only minor discrepancies, most of the witnesses who had testified

at the first trial repeated their stories. But there were parvenus.

Goddard was determined to admit any evidence that was vaguely relevant

and several of the witnesses who had been rejected by Kaufman were

permitted to tell their once-verboten stories. Hede Massing, for

instance, said that she had met the defendant in 1935 at the Washington

home of Noel Fields, an erstwhile League of Nations official. Mrs.

Massing, an ex-Communist, who admitted that “I have a bad memory,”

stated that she and Hiss had had a conversation as to which one of them

was going to win Fields for his cell.

Henrikas Rabinavicius, a former Lithuanian diplomat, later testified

for the defense against Mrs. Massing. According to him, he had met her

at the home of Eugene Lyons in the Fall of 1949. There, she told him

that, during the early thirties, she had been assigned by the Party

“to endeavor to contact young men in the Department of State.” She had

carefully concealed her Communist affiliation from her “young men,”

she had told him, “because that would have frightened them away from

her.” When Rabinavicius had intimated that he doubted the truth of her

remarks, she threatened to write a devastating article about him.

William Rosen, the elusive vice-president of the Cherner Motor Company,

to which the old Hiss Ford had been transferred, had been located by

Murphy in California after the first trial. He proved to be a far from

loquacious witness. Outside of admitting that he did not know either

J. Peters or Alger Hiss, he refused to answer every question Murphy

threw at him on the ground that “any answer I may give may tend to

incriminate me.” When Rosen stepped down, Goddard warned the jury it

was not to draw any inference unfavorable to Hiss because the witness

had claimed his constitutional immunity.

Sergeant George Norman Roulhac had been stationed in the Aleutians

during the first trial. Murphy now called him to prove that the

Woodstock had not been in the Catletts’ possession until after the date

of the most of the typewritten documents and not on December 29, 1937,

as Priscilla Hiss had claimed. Roulhac had signed the lease for Mrs.

Catlett when she had moved to P Street on January 17, 1938, because the

rental agent would not deal with a colored lady. He was sure that he

had not seen any typewriter at P Street until “about three months after

we lived there.” The machine he had seen in a downstairs hallway was

“the same design” as the Woodstock he had been shown in court.

Cross called Dr. Binger back to the wars. The answer to the famous

hypothetical question that Kaufman had blocked in July was about to be

delivered with Goddard’s blessing. Binger waited patiently until the

question was in the record, and then, with his eyes on the ceiling,

opined that “Mr. Chambers is suffering from a condition known as a

psychopathic personality, a disorder of character the distinguishing

features of which are amoral and social behaviour.” One of the most

significant symptoms of this malady were “chronic, persistent, and

repetitive lying and a tendency to make false accusations.” However, he

admitted to Murphy that doctors frequently disagreed on diagnosis and

that he had been wrong more than once in his own professional life.

On the trial’s last day, Murphy produced his one surprise

witness--Edith Murray who had worked as a maid for the Chamberses at

their two homes in Baltimore from the Fall of 1934 to the Spring of

1936. She swore that she had seen Mrs. Hiss there four times and the

defendant once. However, when she had first been shown a photograph of

Mrs. Hiss by FBI agents, she was not quite sure of her identity. “They

asked me did I know this lady, and I said it looks like someone that I

know. It looked like--I thought maybe it was an actress or something. I

say it looks like someone I know, but I just couldn’t remember at that

time.”

On November 17th, the first day of the trial, she had been stationed

in the corridor outside of the courtroom. She was told by the FBI

agents who had brought her to New York that “all they wanted to do was

bring me up here to see if I could recognize the woman that was in the

picture and the man on the picture.... I just stood out in the hall and

it was a crowd of people. They asked me did I see anybody in the crowd

that I know, and I looked around, and I didn’t see anyone at this time,

and stood there; so then, after a while, in the back of me where I was

standing was an elevator, in the back of me, like, and I looked around,

and then I see Mr. and Mrs. Hiss come over, and right away I knew them.”

The jury filed out at 2:50 p.m. on January 20th. On the afternoon

of the next day, it found the defendant “guilty on the first count

and guilty on the second.” Four days later, Goddard sentenced him

to five years on each count, the terms to run concurrently. A few

minutes earlier, Hiss had thanked his Honor for allowing him to say a

few words. He denied again that he was guilty of the charges against

him and promised that “in the future the full facts of how Whittaker

Chambers was able to carry out forgery by typewriter will be disclosed.”

Goddard set $10,000 bail and paroled Hiss in Cross’ custody. In

December, the Court of Appeals for the Second Circuit affirmed the

conviction. When the United States Supreme Court refused to intervene,

the last door was closed. On March 22, 1951, Alger Hiss entered the

federal penitentiary at Danbury, Connecticut. What Whittaker Chambers

once called “the spectacle of tragedy” had run its course.

8

_They Gave the Bomb to Russia_

The United States of America

_versus_

Julius Rosenberg, Ethel Rosenberg and Morton Sobell

Early on the evening of Wednesday, September 5, 1945, Igor Gouzenko,

an obscure twenty-six-year-old cipher clerk in the Russian Embassy

in Ottawa, walked into the editorial offices of the _Ottawa Journal_

with an armful of secret Soviet files. When the Canadian authorities,

with Gouzenko’s help, translated the 109 documents he had pilfered,

they discovered that the country was honeycombed with Russian spies

who were part of an extensive network that covered Great Britain, the

United States and Canada. Perhaps the most important name that was

found in the Gouzenko papers was that of Allan Nunn May, a British

atomic scientist, who was then working at the Montreal Laboratory of

the National Research Council. It was through Dr. May’s efforts that,

on August 9, 1945, Colonel Nicolai Zabotin, the Russian Embassy’s

military attaché, was able to report to Moscow that he had obtained

samples of Uranium 233. May was arrested when he returned to England in

late September and, after pleading guilty to a charge of violating the

Official Secrets Act, was sentenced to ten years in prison.

The secret service agents who examined Dr. May’s papers had found the

name ‘Fuchs’ scrawled on several pages of notes. For some reason, no

attention was paid to this name although Dr. Klaus Emil Julius Fuchs, a

German-born physicist who was a naturalized British subject, had just

returned to England from a tour of duty with the Manhattan Project, the

American atomic bomb station at Los Alamos, New Mexico. It wasn’t until

four years later that Fuchs was arrested, and immediately confessed

that he had been supplying atomic information to a Soviet courier who

regularly visited him in New York and New Mexico. He did not know the

name of the courier but indicated that he had appeared to have an

excellent knowledge of chemistry.

When he was shown photographs of various American chemists who were

suspected of espionage, he had pointed to one and said, “That is the

man!” The photograph he had identified was that of a biochemist named

Harry Gold who was employed by the Pennsylvania Sugar Company in

Philadelphia. It was Gold, Fuchs said, who had met him in various parts

of the United States and to whom he had turned over certain information

for transmission to Anatoli A. Yakovlev, a Russian diplomatic agent in

New York. He had first met Gold in Woodside, Queens, in June of 1944,

and continued these clandestine meetings until he was transferred to

Los Alamos early in 1945.

Upon Gold’s apprehension, he admitted that he had been working as

a Soviet espionage agent for more than fifteen years. He had first

met Yakovlev, a long-nosed young man who walked “with somewhat of a

stoop” and who was known to him only as ‘John,’ in March of 1944, at a

Manhattan restaurant. Yakovlev had ordered him to contact Fuchs, who

was then working in New York with a British-American atomic team. At

the Woodside meeting, the physicist had told Gold that he was “going to

give me information. This information was to relate to the application

of nuclear fission to the production of a military weapon.” A few weeks

later, the two men had met in Brooklyn’s Borough Hall area where Fuchs

gave the courier “a package of papers” for transmittal to Yakovlev.

Just before Fuchs left for Los Alamos in February of 1945, Gold saw

him in Cambridge, Massachusetts. In addition to the usual package of

documents which he had turned over to Gold, Fuchs “made mention of a

lens which was being worked on as a part of the atom bomb.” Before the

two parted company, they made a date to meet in Santa Fe in June. When

Gold told Yakovlev about the lens, the Soviet agent “was very agitated

and told me to scour my memory clean so as to elicit any possible

scrap of information about this lens.”

Four months later, Gold and Yakovlev met in Volks’ Cafe on 42nd Street

and Third Avenue. After the details about meeting Fuchs in Santa Fe had

been discussed, Yakovlev told Gold that, on the same trip, he would

also have to visit Albuquerque where he was to see an American soldier

named David Greenglass who was stationed at Los Alamos. He was to tell

Greenglass that “I come from Julius” and show him a piece of cardboard

from a dessert box. “Yakovlev told me that the man Greenglass ...

would have the matching piece of cardboard.” Either Greenglass or his

wife would have some information for him and he was given an envelope

containing $500.00 which he was to turn over to them. Yakovlev told him

that he would find the Greenglasses in an apartment at 209 North High

Street.

On June 2, 1945, Gold, after seeing Fuchs, took a bus from Santa Fe

to Albuquerque. About 8:30 that evening, he went to the High Street

address that Yakovlev had given him but was informed by a neighbor

that the Greenglasses were not home. Early the next day--a Sunday--he

returned to High Street and this time found the couple in their

apartment. After informing Greenglass that he “was from Julius,” Gold

produced the piece of cardboard which matched that in the other man’s

possession. Greenglass, who was “a young man of about twenty-three

with dark hair,” then introduced Gold to his wife, Ruth, and asked him

to come back later that day as the information was not yet ready for

delivery. That afternoon, Greenglass gave Gold “an envelope which he

said contained ... the information on the atom bomb.” Before Gold took

his leave, Greenglass informed the courier that he expected to come to

New York on furlough around Christmas and that “if I wish to get in

touch with him then I could do so by calling his brother-in-law Julius

and he gave me the telephone number of Julius....”

Gold returned at once to New York and turned over the material he had

received from Fuchs and Greenglass to Yakovlev. Although he returned

to New Mexico again in September of 1945 to see Fuchs, he never saw

the Greenglasses again. Fuchs told him that the first atomic bomb

had been exploded at Alamogordo in July and that he thought that “he

would probably very soon have to return to England.” The scientist

was extremely upset because the British had entered Kiel ahead of the

Russians and he was afraid that his Gestapo dossier would fall into the

wrong hands. Gold told him not to worry and that, after his return to

England, he would be contacted on the first Saturday of every month at

the Paddington Crescent station of the London subway. He was to carry

five books in one hand and two in another, while the man who would meet

him would have a copy of Bennett Cerf’s _Stop Me if You Have Heard

This_ in his left hand.

When Gold was apprehended on May 23, 1950, he told his story to the FBI

agents who had picked him up. As a result of his revelations, David

Greenglass and his wife, Ruth, were arrested three weeks later in their

New York City apartment. Like Gold, the Greenglasses confessed that

they, too, had been engaged in espionage activities on behalf of the

Soviet Union. They insisted, however, that they had merely been pawns

in the hands of Julius Rosenberg, an electrical engineer, who was

married to David’s sister, Ethel. It was Julius, they both claimed,

who, with an assist from Ethel, had persuaded them to become atomic

spies and who had directed their espionage activities. On July 16th,

the Rosenbergs were arrested in their eleventh-floor apartment in

Knickerbocker Village, a middle-income housing project on Manhattan’s

lower East Side.

One month later, the Federal Grand Jury in New York returned conspiracy

indictments against Julius Rosenberg, Ethel Rosenberg and Anatoli

Yakovlev. Four weeks earlier, Harry Gold had pleaded guilty to the

same crime in Philadelphia and been sentenced to thirty years in

prison. On October 10, 1950, a superseding indictment included David

Greenglass and an electrical engineer named Morton Sobell as additional

defendants. They were all accused of conspiring to deliver to “a

foreign nation ... documents, writings, sketches, notes and information

relating to the National Defense of the United States of America.”

Since Yakovlev had returned to Russia in December of 1946 and David

Greenglass had admitted his guilt, another indictment which named only

the Rosenbergs and Sobell was filed on January 31, 1951, and their

joint trial began in New York City on March 6, 1951.

When court convened at 10:30 that morning, District Judge Irving R.

Kaufman, a comparative newcomer to the Federal bench, presided. Irving

H. Saypol, the United States Attorney for the Southern District of New

York, and five assistants appeared for the government. The Rosenbergs

were represented by a father-son team--Alexander Bloch for Ethel and

Emanuel H. Bloch for Julius. Harold M. Phillips and Edward Kuntz stood

up for Sobell while O. John Rogge, the attorney for the Greenglasses,

only hung around long enough to ask Judge Kaufman to notify him when

his client took the stand so that he “could be in attendance.” The

judge assured him that he would be happy to do so and Rogge, with a

grateful smile, double-timed out of the courtroom.

After a jury of one woman and eleven men had been impanelled, Saypol

called Max Elitcher, a former employee of the Navy Department’s Bureau

of Ordinance. Elitcher had attended Stuyvesant High School and City

College with Morton Sobell. He said that Sobell had taken him to a

Communist Party get-together in the fall of 1939 and that he had then

regularly attended such meetings. In 1941, Sobell had left Washington

to study for his Master’s degree at the University of Michigan.

Three years later Elitcher, who had remained with the Navy Department,

received a telephone call from “a person who said he was Julius

Rosenberg,” a former City College classmate, and who, like Sobell

and Elitcher, was an electrical engineer. This man had visited him

that same day and asked him whether he would be willing to obtain

“classified information about military equipment” and turn this

over for transmittal to Russia. He had assured Elitcher that his

old friend Sobell was “helping in this way.” Before the two parted,

Rosenberg instructed the witness to telephone him as soon as he had

any information so that it could be promptly photostated and returned

to the Navy Department before it was missed. Elitcher told him that “I

would see about it.”

On Labor Day, the Elitchers joined Sobell and his fiancée on a vacation

trip to Kumbabrow State Park in West Virginia. When Elitcher mentioned

Julius’ visit, Sobell appeared agitated and said, “He should not have

mentioned my name.” Elitcher tried to pacify him by pointing out that

Rosenberg “knew about our close relationship [and] probably felt safe

about it,” but Sobell kept insisting that “it makes no difference, he

shouldn’t have done it.”

A few months after Sobell’s marriage in March of 1945, the Elitchers

spent a night in New York at Rosenberg’s apartment. The latter

announced that he had been discharged by the Signal Corps for security

reasons. According to Elitcher, “he thought it had to do with his

espionage activity, but he was quite relieved to find out it only had

to do with the party activity.” He next saw Rosenberg in September

when Julius came to Washington and dropped in for “fifteen or twenty

minutes.” The conversation was limited to Elitcher’s work on fire

control devices for the Navy. Rosenberg asked him whether he “would

want to contribute [to satisfy] a continuing need for new military

information for Russia,” and Elitcher testified that “I said I would

see and if I had anything and I wanted to give it to him, I would let

him know.”

... and justice for all · 第 15 / 21 段