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At Hiss’ first perjury trial, Hornbeck testified that an unnamed friend had warned him that Hiss was a Communist fellow-traveler, but he disregarded the warning.<ref>[[#refTL50|de Toledano, Lasky 1950]]: 235</ref> At the second trial, Hornbeck testified that on at least two occasions he was warned that Hiss was a Communist, and named Bullitt as his source.<ref>[[#refTL50|de Toledano, Lasky 1950]]: 258-259</ref> [[John Foster Dulles]], who had recommended Hiss for the Carnegie Endowment, likewise testified at that trial that various people had warned him that [http://www.time.com/time/magazine/article/0,9171,806501-1,00.html Hiss was a Communist].

At Hiss’ first perjury trial, Hornbeck testified that an unnamed friend had warned him that Hiss was a Communist fellow-traveler, but he disregarded the warning.<ref>[[#refTL50|de Toledano, Lasky 1950]]: 235</ref> At the second trial, Hornbeck testified that on at least two occasions he was warned that Hiss was a Communist, and named Bullitt as his source.<ref>[[#refTL50|de Toledano, Lasky 1950]]: 258-259</ref> [[John Foster Dulles]], who had recommended Hiss for the Carnegie Endowment, likewise testified at that trial that various people had warned him that [http://www.time.com/time/magazine/article/0,9171,806501-1,00.html Hiss was a Communist].

The prosecution called [[Hede Massing]], but at the first trial Judge Samuel H. Kaufman ruled that her testimony was irrelevant. At the second trial, Judge Henry W. Goddard allowed her to testify about [http://www.time.com/time/printout/0,8816,855041,00.html Hiss' 1935 attempt] to get [[Noel Field]] to transfer from her [[OGPU]] group to Hiss' [[GRU]] group. To avoid testifying, Field [[#refTanenhaus93|fled to the East bloc]].

The prosecution called [[Hede Massing]], but at the first trial Judge Samuel H. Kaufman ruled that her testimony was irrelevant. At the second trial, Judge Henry W. Goddard allowed her to testify about [http://www.time.com/time/printout/0,8816,855041,00.html Hiss's 1935 attempt] to get [[Noel Field]] to transfer from her [[OGPU]] group to Hiss's [[GRU]] group. To avoid testifying, Field [[#refTanenhaus93|fled to the East bloc]].

Hiss’ attorney conceded that the stolen documents had been copied on Hiss' Woodstock, telling the jury the question was not “what typewriter was used, but who the typist was.”<ref>Steven M. Chermak, ''[http://books.google.com/books?id=FPRslbPnMjwC Crimes and Trials of the Century: From the Black Sox Scandal to the Attica Prison Riots]'' (Greenwood Publishing Group, 2007) ISBN 0313341109, p. 184</ref>  

Hiss’ attorney conceded that the stolen documents had been copied on Hiss's Woodstock, telling the jury the question was not “what typewriter was used, but who the typist was.”<ref>Steven M. Chermak, ''[http://books.google.com/books?id=FPRslbPnMjwC Crimes and Trials of the Century: From the Black Sox Scandal to the Attica Prison Riots]'' (Greenwood Publishing Group, 2007) ISBN 0313341109, p. 184</ref>  

The defense reverted to Hiss' original "insanity defense" (to wit, that ''Chambers'' was insane), calling a psychiatrist, Dr. Carl Binger, who attempted to psychoanalyze Chambers without interviewing him, testifying that “Mr. Chambers is suffering from a condition known as a psychopathic personality.”<ref>Edward W. Knappman, ed., ''[http://books.google.com/books?id=mLP8D2Od2SkC Great American Trials: 201 Compelling Courtroom Dramas]'' (Detroit: Visible Ink Press, 1994) ISBN 1578591996, p. 444. Ironically, the standard work on psychopathic personality, the landmark ''[http://www.cassiopaea.org/cass/sanity_1.PdF The Mask of Sanity: An Attempt to Clarify Some Issues About the So-Called Psychopathic Personality]'' (St. Louis, Mo.: CV Mosby Co., 1941) by Hervey Cleckley (coauthor of ''The Three Faces of Eve''), identifies  the psychopathic personality as possessing superficial charm and good intelligence, absence of delusions and other signs of irrational thinking, absence of nervousness or psychoneurotic manifestations, lack of remorse and shame, etc. (See pp. 338-339 [PDF 353-354])&mdash;characteristics far more descriptive of Hiss than Chambers.</ref> So thoroughly did his testimony collapse under scrutiny that the prosecutor’s [http://www.law.umkc.edu/faculty/projects/ftrials/hiss/hisstrialtranscripts.html cross examination] of Binger has been used as a model<ref>[[#refBerresford92|Berresford 1992]]: 19, n. 83</ref> to teach generations of law students.<ref>Gilbert Geis and Leigh B. Bienen, ''[http://books.google.com/books?id=xdbQMywnrdwC Crimes of the Century: From Leopold and Loeb to O.J. Simpson]'' (Boston: Northeastern University Press, 1998) ISBN 1555533604, p. 151</ref>

The defense reverted to Hiss's original "insanity defense" (to wit, that ''Chambers'' was insane), calling a psychiatrist, Dr. Carl Binger, who attempted to psychoanalyze Chambers without interviewing him, testifying that “Mr. Chambers is suffering from a condition known as a psychopathic personality.”<ref>Edward W. Knappman, ed., ''[http://books.google.com/books?id=mLP8D2Od2SkC Great American Trials: 201 Compelling Courtroom Dramas]'' (Detroit: Visible Ink Press, 1994) ISBN 1578591996, p. 444. Ironically, the standard work on psychopathic personality, the landmark ''[http://www.cassiopaea.org/cass/sanity_1.PdF The Mask of Sanity: An Attempt to Clarify Some Issues About the So-Called Psychopathic Personality]'' (St. Louis, Mo.: CV Mosby Co., 1941) by Hervey Cleckley (coauthor of ''The Three Faces of Eve''), identifies  the psychopathic personality as possessing superficial charm and good intelligence, absence of delusions and other signs of irrational thinking, absence of nervousness or psychoneurotic manifestations, lack of remorse and shame, etc. (See pp. 338-339 [PDF 353-354])&mdash;characteristics far more descriptive of Hiss than Chambers.</ref> So thoroughly did his testimony collapse under scrutiny that the prosecutor’s [http://www.law.umkc.edu/faculty/projects/ftrials/hiss/hisstrialtranscripts.html cross examination] of Binger has been used as a model<ref>[[#refBerresford92|Berresford 1992]]: 19, n. 83</ref> to teach generations of law students.<ref>Gilbert Geis and Leigh B. Bienen, ''[http://books.google.com/books?id=xdbQMywnrdwC Crimes of the Century: From Leopold and Loeb to O.J. Simpson]'' (Boston: Northeastern University Press, 1998) ISBN 1555533604, p. 151</ref>

Among the symptoms of psychopathic personality, Binger mentioned “abnormal sexuality.” An important part of the Hiss defense strategy was to exploit Chambers’s sexual preference in order to portray him as mentally ill and therefore not a credible witness: [http://www.nyu.edu/library/bobst/research/tam/hiss_timothy_naftali.pdf Hiss himself dictated for the record] a rumor that Chambers had been treated in 1938 “for gonorrhea, frigidity, shock, and persecution complex.” Writing in [http://www.ox.ac.uk/ Oxford University]'s ''[http://www.oxonianreview.org/wp/ Oxonian Review]'', professed "liberal" Daniel Hemel sums up:

Among the symptoms of psychopathic personality, Binger mentioned “abnormal sexuality.” An important part of the Hiss defense strategy was to exploit Chambers’s sexual preference in order to portray him as mentally ill and therefore not a credible witness: [http://www.nyu.edu/library/bobst/research/tam/hiss_timothy_naftali.pdf Hiss himself dictated for the record] a rumor that Chambers had been treated in 1938 “for gonorrhea, frigidity, shock, and persecution complex.” Writing in [http://www.ox.ac.uk/ Oxford University]'s ''[http://www.oxonianreview.org/wp/ Oxonian Review]'', professed "liberal" Daniel Hemel sums up:

{{cquote|[W]hat is striking about the Hiss trial is not that the prosecution engaged in shameless red-baiting (it did not), but that Hiss’s defense team engaged in shameless gay-baiting. Unable to discredit Chambers based on the facts of the case, Hiss’s lawyers (with the defendant’s encouragement) sought to smear Chambers based on the fact that he was bisexual. Fortunately, the jurors in the Hiss case were not as horrifyingly homophobic as Hiss and his attorneys. In retrospect, if either side of the trial engaged in egregious behaviour, it was the defense&mdash;[http://www.oxonianreview.org/wp/who-killed-alger-hiss/ not the prosecution].}}

{{cquote|[W]hat is striking about the Hiss trial is not that the prosecution engaged in shameless red-baiting (it did not), but that Hiss’s defense team engaged in shameless gay-baiting. Unable to discredit Chambers based on the facts of the case, Hiss’s lawyers (with the defendant’s encouragement) sought to smear Chambers based on the fact that he was bisexual. Fortunately, the jurors in the Hiss case were not as horrifyingly homophobic as Hiss and his attorneys. In retrospect, if either side of the trial engaged in egregious behaviour, it was the defense&mdash;[http://www.oxonianreview.org/wp/who-killed-alger-hiss/ not the prosecution].}}

Hiss' friend and former colleague, Charles Wyzanski, Senior District Judge of the U.S. District Court in Boston, testified in both trials in defense of Hiss. Wyzanski, who "''initially'' had supposed [Hiss] innocent," (Italics in original) later concluded that "[http://www.historycooperative.org/journals/jah/87.1/letters.html Hiss was guilty]," as did Hiss' own attorney, William L. Marbury.

Hiss's friend and former colleague, Charles Wyzanski, Senior District Judge of the U.S. District Court in Boston, testified in both trials in defense of Hiss. Wyzanski, who "''initially'' had supposed [Hiss] innocent," (Italics in original) later concluded that "[http://www.historycooperative.org/journals/jah/87.1/letters.html Hiss was guilty]," as did Hiss's own attorney, William L. Marbury.

== Conviction ==

== Conviction ==