1 U.S. versus Alger Hiss: Transcript of Testimony of Dr. Carl Binger 1950

handle is hein.trials/abze0001 and id is 1 raw text is: 2516

Dr. Carl A. L. Ringer-For Defendant-Direct

MR. CROSS: That is correct.
(Marked Defendant's Exhibit 6 x E.)
MR. CROSS: I shall not at this time read the poems,
but they are in as exhibits, and some further use will be
made of them.
I call Dr. Carl Binger.
[3596] CARL A. L. BINGER, called as a witness on be-
half of the defendant, being first duly sworn, testified
as follows:
MR. MURPHY: If your Honor please, before Dr.
Binger is questioned I should like the opportunity at this
time to make a statement for the record concerning the
Government's position on this intended line of testimony
by a psychiatrist.
I appreciate that your Honor has given considerable
time and study to the problem of permitting a psychiatrist
to testify, and you had an opportunity to read the Govern-
ment's briefs in opposition.
Your Honor, I have great respect for your learning
and long time on the bench, and I do not believe your
Honor will change your opinion about the competency ot
this opinion; but since the Government's feeling, and
mine particularly, are so strong in the matter, I do ask
your Honor to reconsider your ruling and not permit the
psychiatrist to testify, because, as I read the cases and the
textbooks, this is the first time in the history of Anglo-
Saxon jurisprudence that the testimony of a psychiatrist is
being admitted to impeach the credibility of a mere wit-
ness, when there has not been one scintilla of proof in-
dicating that the witness, Mr. Whittaker Chambers, lis
had any institutional confinement or treatment by a [35971
doctor other than for his teeth and heart, and because
it is a direct encroachment on the province of the jury. I
submit that it is for the jury and the jury alone to deter-
mine where the truth lies, and that duty, under our systi'm
of law, cannot be usurped by a medical expert.
THE COURT: Mr. Murphy, as you know in our coiI
ference in chambers T advised you that in my opinion it
should be admitted. -Cou know that I have given it vvry
thorough consideration. I think that perhaps you Lire

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