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1647 THE ALGER HISS TRIAL
The Appeals for a New Trial
Hiss did not give up trying to clear his name. He appealed the verdict, asking for a new trial. To get a new trial, lawyers must show that something happened during the trial that violated the defendant's rights or they must produce new evidence that would have affected the verdict.
The first defense motion stated that there was prejudicial conduct by the judge that violated Hiss's rights.
Defense Motion No. 1:
Judge Goddard should not have allowed William Rosen to take the stand. The judge knew beforehand that Rosen would not answer questions. But he was called as a witness anyway. His denials left the jury with the impression that a "possible" Communist had received Hiss's car from Hiss.
The judge should also not have allowed Edith Murray's testimony. She was first produced on the last day of the second trial. She should have been listed as a witness when the prosecution presented its case. Though Chambers testified to a long and close relationship with the Hisses, in public as well as in private, Murray was the only witness who testified to
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