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→Hiss' suit against Chambers: added Woodstock typewriter
The same day, on an FBI memorandum detailing the investigation of Chambers for perjury ordered by Truman Justice, Hoover penned, "I can't understand why such effort is being made to indict Chambers to the exclusion of Hiss."<ref>FBI memorandum: Fletcher to Ladd, December 2, 1948 (FBI file: Hiss-Chambers, Vol. 2)</ref> As late as December 6, Truman Justice was still contemplating "bringing an indictment against Chambers for perjury."<ref>FBI memorandum: Fletcher to Ladd, December 6, 1948 (FBI file: Hiss-Chambers, Vol. 2)</ref>
The same day, on an FBI memorandum detailing the investigation of Chambers for perjury ordered by Truman Justice, Hoover penned, "I can't understand why such effort is being made to indict Chambers to the exclusion of Hiss."<ref>FBI memorandum: Fletcher to Ladd, December 2, 1948 (FBI file: Hiss-Chambers, Vol. 2)</ref> As late as December 6, Truman Justice was still contemplating "bringing an indictment against Chambers for perjury."<ref>FBI memorandum: Fletcher to Ladd, December 6, 1948 (FBI file: Hiss-Chambers, Vol. 2)</ref>
On December 15, Hiss testified before a grand jury. Hiss suggested a theory that someone (perhaps Chambers)<ref>Allen Weinstein, ''Perjury: The Hiss-Chambers Case'' (New York: Alfred A. Knopf, 1978), ISBN 0394495462, p. 270</ref> had sneaked into the State Department and stolen the documents from his desk<ref>Weinstein, ''Perjury'', pp. 178, 253, 257, 299, 397</ref> then, having somehow obtained access to Hiss' typewriter,<ref>Weinstein, ''Perjury'', pp. 298, 300</ref> typed some of the documents on it<ref> Weinstein, ''Perjury'', pp. 281, 298</ref> and microfilmed others, and then sneaked back into the State Department and replaced the originals,<ref>Weinstein, ''Perjury'', p. 254</ref> all in an elaborate plot to frame Hiss<ref>Weinstein, ''Perjury'', p. 299</ref> a decade later.<ref>Weinstein, ''Perjury'', p. 281</ref> Even Hiss admitted that his theory was "fantastic,"<ref> Weinstein, ''Perjury'', p. 299</ref> stating, "Until the day I die, I shall wonder how Whittaker Chambers got into my house to use my typewriter," a statement provoking outright laughter among jurors.<ref> Weinstein, ''Perjury'', p. 300</ref>
On that day, Hiss's attorney Edward McLean gave the defense's documents examiner, J. Howard Haring, a batch of old Hiss family letters that Hiss had given him the previous September, two months before Chambers produced the documents. Immediately identifying the typeface as that of a Woodstock typewriter, Haring reported that one of Mrs. Hiss's 1933 letters "was typed on the same machine as the Chambers documents." McLean informed the Hisses of this finding the same day. The next day, according to another of Hiss' lawyers, John F. Davis: "Alger ... asked [me to] check on an old machine which he remembers he gave to Pat, the son of Claudia Catlett...." Yet Hiss continued to swear under oath that he remembered neither the make nor disposition of the typewriter.<ref>[http://www.nybooks.com/articles/8841 Reply by Allen Weinstein, "The Hiss Case: An Exchange,"] ''The New York Review of Books," Volume 23, Number 9 (May 27, 1976)</ref>
Hiss would later change his story, testifying that he gave the typewriter to the Catletts in 1937, before the date of the documents produced by Chambers. Pat Catlett, however, would tell defense lawyers that Hiss gave the Catletts the typewriter in the spring of 1938, just after the dates of the documents.<ref>[http://www.law.umkc.edu/faculty/projects/ftrials/hiss/hissappellate.html ''United States v Alger Hiss'', 185 F. 2d 822] (Second Circuit Court of Appeals, December 7, 1950)</ref> of 35 milimeter film.<ref>
On December 13, the FBI independently located specimens of Priscilla Hiss's typing from the 1930s. The FBI laboratory concluded, like Haring, that all the papers in question had been typed on the same typewriter, a Woodstock.<ref>[http://www.nybooks.com/articles/8841 Reply by Allen Weinstein, "The Hiss Case: An Exchange,"] ''The New York Review of Books," Volume 23, Number 9 (May 27, 1976)</ref>
Another defense expert, Harry E. Cassidy, concluded that Priscilla Hiss not only typed the Chambers documents, but wrote all the handwritten corrections on the typed documents. Asked by Hiss's attorneys whether it was more likely that Hiss or Chambers had written these corrections, Haring responded: "I am inclined to the opinion that the AH [Alger Hiss] corrections more closely resemble the QUESTIONED writing, than do the writings of WC [Whittaker Chambers]." A third defense expert, Edwin Fearon, agreed, reporting to the Hiss lawyers: "The corrections appearing in Exhibits 5-47 inclusive (exception—Exhibit 10) bear a closer resemblence [sic] to the handwritten corrections made by AH than to those made by WC." Fearon added that all but one of the documents were "typed on Woodstock typewriter no.N230099"—the Hiss' machine.<ref>[http://www.nybooks.com/articles/8747 Reply by Allen Weinstein, "The Hiss Case: Another Exchange!"] ''The New York Review of Books'', Vol. 23, No. 14 (September 16, 1976)
On December 15, Alger Hiss proposed to the grand jury a theory that someone (perhaps Chambers)<ref>Allen Weinstein, ''Perjury: The Hiss-Chambers Case'' (New York: Alfred A. Knopf, 1978), ISBN 0394495462, p. 270</ref> had sneaked into the State Department and stolen the documents from his desk<ref>Weinstein, ''Perjury'', pp. 178, 253, 257, 299, 397</ref> then, having somehow obtained access to Hiss' typewriter,<ref>Weinstein, ''Perjury'', pp. 298, 300</ref> typed some of the documents on it<ref> Weinstein, ''Perjury'', pp. 281, 298</ref> and microfilmed others, and then sneaked back into the State Department and replaced the originals,<ref>Weinstein, ''Perjury'', p. 254</ref> all in an elaborate plot to frame Hiss<ref>Weinstein, ''Perjury'', p. 299</ref> a decade later.<ref>Weinstein, ''Perjury'', p. 281</ref> Even Hiss admitted that his theory was "fantastic,"<ref> Weinstein, ''Perjury'', p. 299</ref> stating, "Until the day I die, I shall wonder how Whittaker Chambers got into my house to use my typewriter," a statement provoking outright laughter among jurors.<ref> Weinstein, ''Perjury'', p. 300</ref>
Hiss testified that he never gave any documents to Whittaker Chambers, and that he had no contact with Chambers after January 1, 1937. The grand jury indicted Hiss on two counts of perjury, charging that he lied under oath in both these statements. Because the statute of limitations had expired, the grand jury could not consider espionage charges.
Hiss testified that he never gave any documents to Whittaker Chambers, and that he had no contact with Chambers after January 1, 1937. The grand jury indicted Hiss on two counts of perjury, charging that he lied under oath in both these statements. Because the statute of limitations had expired, the grand jury could not consider espionage charges.