Debevoise & Plimpton Records on Alger Hiss
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Abstract
The Debevoise & Plimpton Records on Alger Hiss (dated 1938-1980) contain files from the legal firm's representation of Alger Hiss in his 1949 perjury trials and his 1979 coram nobis petition to overturn his conviction. Alger Hiss was a State Department official, who in 1948 was accused by ex-communist Whittaker Chambers of transmitting government secrets to the Soviet Union. The collection consists of materials from Hiss's 1949 trials and includes attorney correspondence, interviews with character witnesses, trial transcripts, notes, copies of evidence, and legal documents filed during the trials. Materials related to the coram nobis petition include drafts, attorney notes, and research on related trials.
Historical Note
Alger Hiss (1904-1996) was a State Department official who served in the administration of Franklin Delano Roosevelt, and was involved in the establishment of the United Nations. In 1948 Hiss was named as a communist by Whittaker Chambers in a hearing before the House Un-American Activities Committee (HUAC). Hiss was called before HUAC to testify and later filed a defamation lawsuit against Chambers. During the trial Chambers produced evidence that Hiss and his wife Priscilla had been involved in espionage, and had transmitted government documents to Chambers in 1938. In December 1948, Hiss testified before a grand jury in the Southern District of New York that neither he nor his wife had given government documents to Chambers and that he had not spoken to Chambers since 1937. Following his statements, the grand jury indicted Hiss on charges of perjury in United States vs. Alger Hiss. Alger Hiss was represented by the New York City-based law firm Debevoise & Plimpton. His first perjury trial began in May 1949 and ended in a mistrial. The second trial began in November 1949 and ended in a conviction. Hiss served three years in federal prison. After his release in 1953, Hiss maintained his innocence and continually fought to overturn his conviction. In 1975 Hiss, with William Ruben, filed a Freedom of Information Act (FOIA) lawsuit to gain access to FBI documents related to the trials. Documents they obtained through the FOIA lawsuit formed the basis of a petition for a writ of coram nobis that Hiss and his attorneys at Debevoise & Plimpton filed in 1978. The petition sought to overturn Hiss's conviction claiming that the FBI documents withheld evidence from the defense, but it was rejected in 1982.
Arrangement
This collection has been divided into two series by legal case, Series I: Coram Nobis 99900-000 and Series II: Hiss Personal 2395. Series II: Hiss Personal 2395 has been further divided into sub-series based on document type and topic. Files in each sub-series are grouped topically to reflect original groupings established by the creators. Correspondence in sub-series II.B and bound trial transcripts in sub-series II.E are arranged chronologically. The series and sub-series arrangement of the records is as follows:
Series I: Coram Nobis 99900-000, Series II: Hiss Personal 2395, Sub-series II.A: Trial Documents and Notes, Sub-series II.B: Correspondence, Sub-series II.C: Interviews, Sub-series II.D: Government Documents, and Sub-series II.E: Trial Transcripts.
Scope and Contents
The Debevoise & Plimpton Records on Alger Hiss (dated 1938-1980) contain materials from the Debevoise & Plimpton legal firm's representation of Alger Hiss in his 1949 perjury trials and his 1978 petition for a writ of coram nobis. Records related to Hiss's 1949 trials include documents such as memoranda, motions, briefs, and testimony, which are accompanied by attorney notes and analysis. They also include attorney correspondence (dated 1948-1979), character witness interviews, copies of government documents, and newspaper clippings. Documents related to his 1979 coram nobis petition comprise drafts of the petition, notes and files of attorney Robert von Mehren, scholarly articles, and research files. The collection documents not only Hiss's trials and the strategies employed in his defense, but also anti-communist sentiment and anxiety about political dissent during the Cold War.
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Conditions Governing Access
Materials are open without restrictions.
Conditions Governing Use
Copyright (or related rights to publicity and privacy) for materials in this collection, created by Debevoise & Plimpton LLP, was not transferred to New York University. Permission to use materials must be secured from the copyright holder.
Preferred Citation
Identification of item, date; Debevoise & Plimpton Records on Alger Hiss; TAM 674; box number; folder number; Tamiment Library/Robert F. Wagner Labor Archives, New York University.
Immediate Source of Acquisition
Donated by Debevoise & Plimpton LLP and Tony Hiss in 2014. The accession number associated with this collection is 2015.044.
Appraisal
Duplicate copies of bound trial transcripts have been removed from the collection.
About this Guide
Processing Information
The collection was arranged into series based on the original order of the records as maintained by Debevoise & Plimpton staff. Materials in this collection were originally housed in large legal accordion files identifying case number, topic, and/or document type. Materials have been removed from files but have been maintained in the groupings established by the creators. Many of the original folder titles have been retained, while others have been updated by the archivist for uniformity. Duplicate copies of bound trial transcripts were removed from the collection.
Repository
Series I: Coram Nobis 99900-000, 1949-1980, inclusive
Scope and Contents
This series includes files related to Alger Hiss's 1979 petition for a writ of coram nobis and largely date from 1975 to 1980. Filed by the Debevoise & Plimpton firm as "Coram Nobis 99900-000," these materials consist of research files including law review articles, relevant cases, and court papers from a 1975 Freedom of Information Act (FOIA) lawsuit Alger Hiss filed to obtain access to documents FBI documents related to his case. This series also includes attorney correspondence, drafts of legal memoranda, and notes. Attorney Robert von Mehren's files make up a small portion of the coram nobis materials, and include drafts of the coram nobis petition, and copies of documents from the 1949 Hiss perjury trials.
Briefs from Other Cases, circa 1975
Cases, 1963-1977, inclusive
Clippings, 1977-1978, inclusive
Coram: Extra, 1977
Correspondence, 1976-1980, inclusive
Court Papers: Drafts and Extra, 1949, 1977, inclusive
Debevoise Research Material, 1948-1949, inclusive
Defense Requests for Information, 1949-1954, inclusive
Facts, 1949, 1975, inclusive
FOIA Case: Court Papers, 1977 May 6
Law Review Articles, 1976, undated
Memos, 1976-1977, inclusive
Memos, 1977
Memos of Law, 1975, 1977, inclusive
Memos of Law: Drafts, 1977
Notes, undated
Notes on Reviewing Trial for Undisclosure of Exculpatory Evidence by Prosecution, 1975-1977, inclusive
Sacco and Vanzetti Materials, 1977
Schmahl Documents, 1948-1949, inclusive
Von Mehren, Robert B. Files, 1938-1949, 1975-1980, inclusive
Series II: Hiss Personal 2395, 1938-1952, inclusive
Scope and Contents
This series comprises the bulk of the collection and contains files related to Alger Hiss's 1949 perjury trials. These files have been classified by the firm as "Hiss Personal 2395," and include evidence and statements gathered in support of Hiss's defense in the case United States vs. Alger Hiss. These materials consist of character witness interviews, correspondence related to witnesses and outside experts, memoranda, trial notes, commentary on testimony, statements, clippings, and procedural documents. They also include printed transcripts of the trials provided to Hiss's attorneys during his 1950 appeal.
Sub-Series II.A: Trial Documents and Notes, 1938-1950, inclusive
Scope and Contents
This sub-series includes notes, drafts, briefs, memoranda, evidence, and clippings related to first and second trials in the case United States vs. Alger Hiss. Many materials in this sub-series were gathered in preparation for Alger Hiss's second perjury trial and to support the Hiss's legal team's request for a Bill of Particulars. Included among these materials are copies of Whittaker Chambers's and Esther Chambers's testimony in the 1948 libel suit Alger Hiss vs. Whittaker Chambers. This testimony is incomplete and only consists of volumes 3-7. They also include trial notes of Hiss's attorneys Robert von Mehren and Edward C. McLean. McLean's notes focus predominantly on Hiss's first perjury trial, while von Mehren's notes focus more heavily on the second trial. The sub-series also contains a large amount of clippings gathered by the Hiss defense team.
Abstract of Testimony Presented in House Committee (Arranged by Witnesses), 1938, 1948, inclusive
Abstract of House Committee Hearings, 1948 August 3
Baltimore Deposition: Examination before Trial of Whittaker Chambers and Esther Chambers, 1948 November 16 - 1949 March 25, inclusive
Baltimore Deposition: Memos and Notes Regarding Chambers Examination, 1949 January - February
Baltimore Papers: Analysis of State Department Documents, 1949
Baltimore Papers: E.C. McLean Analysis, 1949-1951, inclusive
Bill of Particulars: Extra Copies of Typewriter Memos, 1948-1949, inclusive
Bill of Particulars: First Trial Hiss Character Witnesses, 1948-1952, inclusive
Bill of Particulars: Grand Jury Panel, 1949
Bill of Particulars: Investigation of Chambers, 1948-1949, inclusive
Bill of Particulars: Not Used - Papers for Deposition, undated
Bill of Particulars: Notice of Deposition, 1948-1949, inclusive
Bill of Particulars: Second Trial Drafts, 1949
Bill of Particulars: Second Trial - Extra Copies of Correspondence, circa 1948 - 1949, inclusive
Bill of Particulars: Second Trial - Extra Memos for Opening, 1950 January
Bill of Particulars: Second Trial - Jury, 1949
Bill of Particulars: Second Trial - Miscellaneous Notes for Preparation, 1949
Bill of Particulars: Second Trial - Record File, 1948-1950, inclusive
Bill of Particulars: Second Trial - Subpoenas Served, 1950 January - March
Bill of Particulars: Second Trial Witnesses File, 1949
Bill of Particulars: State Department Memos, 1949
Briefs to be Used During Second Trial: Affidavits and Memos in Defense of Motion for New Trial, 1952
Briefs to be Used During Second Trial: Chambers "Meet the Press" Script, 1948-1949, inclusive
Briefs to be Used During Second Trial: Libel, 1948
Briefs to be Used During Second Trial: Memos of Law, 1948-1950, inclusive
Briefs to be Used During Second Trial: Miscellaneous Memos on Legal Problems, undated
Briefs to be Used During Second Trial: Memo in Support of the Admissibility of Psychiatric Testimony, 1949
Briefs to be Used During Second Trial: Motion to Request F.B.I. Reports on Jury Panel, 1949 March 30
Briefs to be Used During Second Trial: Psychiatry File, 1950
Briefs to be Used During Second Trial: State Department Floor Plans, undated
Drafts, 1948-1949, inclusive
Drafts: Dr. Binger, undated
Debevoise Affidavit, 1975 January
Extra Copies: Analysis of Microfilm, undated
Extra Copies: Appearance before Grand Jury, 1948-1949, inclusive
Extra Copies: Contents of Files, 1948-1950, inclusive
Extra Copies: Court Papers, 1948-1949, inclusive
Extra Copies: Second Trial Court Papers, 1950
Extra Copies: Correspondence, 1949 April 14
Extra Copies: Miscellaneous, 1949-1950, inclusive
Extra Copies: Motion Papers, 1949
First Trial: Index of Witnesses and Exhibits, 1949
McLean, E.C. Trial Notes: State Department, 1949
McLean, E.C. Trial Notes, 1948-1949, inclusive
McLean, E.C. Trial Notes: Alger Hiss Opening, undated
McLean, E.C. Trial Notes: Copies of First Trial Subpoenas, 1949 June
McLean, E.C. Trial Notes: Typewriter, 1948-1949, inclusive
Memoranda Regarding Alger Hiss, 1948-1949, inclusive
Memoranda Regarding Alger Hiss: Employment, 1948-1949, inclusive
Memoranda Regarding Alger Hiss: Fansler, Thomas, 1949
Memoranda Regarding Alger Hiss: F.B.I. Documents, 1975
Memoranda Regarding Alger Hiss: Hiss, Alger Analysis of Chambers Testimony, 1948-1949, inclusive
Memoranda Regarding Alger Hiss: Hiss, Donald, 1948-1949, inclusive
Memoranda Regarding Alger Hiss: Hiss, Priscilla (Mrs. Hiss), 1948-1949, inclusive
Memoranda Regarding Alger Hiss: Hobson, Timothy, 1948-1949, inclusive
Memoranda Regarding Alger Hiss: Kunze, Adam - Bills Regarding Rented Woodstock Typewriter, 1949
Memoranda Regarding Alger Hiss: Maids, 1949
Mimeographed Copies of Letters sent to Alger Hiss: Sent by Carnegie Endowment, 1948
Hiss Residency, 1948-1949, inclusive
Von Mehren, Robert: Second Hiss Trial Notes, Volume V and VI, 1949-1950, inclusive
Clippings, 1948 - 1952, 1975 - 1976, inclusive
Von Mehren, Robert: Second Hiss Trial Notes - 1949 June & 2001 May 22, 1949
Von Mehren, Robert: Second Hiss Trial Notes, Volume I and II, 1949-11
Von Mehren, Robert: Second Hiss Trial Notes, Volume III and IV, 1949-12
Sub-Series II.B: Correspondence, 1948 - 1965, 1974 - 1979, inclusive
Scope and Contents
This sub-series contains the Debevoise & Plimpton law firm's correspondence related to the perjury trials of Alger Hiss. Correspondence dates from December 1948 to 1979 and documents the firm's representation of Hiss from the time of his testimony before a federal grand jury in New York up to his petition for a writ of coram nobis in 1979. The bulk of the correspondence is between attorneys at Debevoise & Plimpton and other firms regarding legal services and opinions. Much of the early correspondence dated 1948 and 1949 is between Hiss and his attorneys, while correspondence dating from 1950 and 1975 contains more correspondence from outside individuals not directly involved with the case.
Sub-Series II.C: Interviews, 1948-1950, inclusive
Scope and Contents
This sub-series includes notes, correspondence, and transcripts related to witness interviews used during the Hiss perjury trials. Not all files contain transcripts of interviews, and not all individuals who are featured in the files were brought as witnesses during the trials. Several files were created for individuals sought as witnesses, but who were never brought to testify. Many of the files contain notes regarding testimony or interviews with witnesses or potential witnesses. These files frequently contain Alger Hiss's personal commentary about witness statements and explanations of his association with the individuals.
Individuals A - H, 1948-1949, inclusive
Individuals H - Y, 1942, 1948 - 1950, inclusive
Sub-Series II.D: Government Documents, 1938, 1948 - 1949, inclusive
Scope and Contents
This sub-series contains copies the documents known as the "Baltimore Papers" or "Pumpkin Papers," which Whittaker Chambers claimed Alger Hiss transmitted to him for the purpose of espionage. These documents were presented as evidence by the plaintiff during the perjury trials of United States vs. Alger Hiss. Photocopies of the documents are included in this sub-series along memoranda, notes, and commentary written by Alger Hiss's legal team.
Sub-Series II.E: Trial Transcripts, 1950-1952, inclusive
Scope and Contents
This series contains a set of complete, bound trial transcripts of the legal case United States vs. Alger Hiss. Transcripts are in volumes I-X, and were prepared by the court in response to Hiss's 1950 appeal of his conviction. Trial transcripts are also accompanied by copies of printed briefs, petitions, memoranda, and affidavits also prepared by the court in response to the appeal.