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Mr. VELDE. I just cannot allow you to make any further statements. Mr. PERLIN. Well

Mr. VELDE. You may consult with your witness and give him all of the benefit of your legal ability, your knowledge, and everything else, but I cannot allow you to make any voluntary statements. Mr. PERLIN. All right. I am not――

Mr. VELDE. That is all there is to it.

Mr. PERLIN. I am not making any statement. I am just referring to a prior procedure followed by this committee before

Mr. CLARDY. Mr. Chairman.

Mr. PERLIN. Where Mr. Jackson followed this procedure.

Mr. CLARDY. Mr. Chairman.

Mr. PERLIN. That is the only thing I am requesting.

Mr. VELDE. Mr. Clardy.

Mr. CLARDY. May I suggest the witness has not answered your question

Mr. PERLIN. That is the only thing.

Mr. CLARDY. And that he be compelled to answer it.

Mr. PERLIN. I think it is the practical thing to do.
Mr. CLARDY. Will counsel please subside?

Mr. VELDE. Mr. Counsel

Mr. PERLIN. Yes.

Mr. VELDE. May I say this: We have, in the past, or this committee has-not under my chairmanship-removed witnesses from the hearing room

Mr. PERLIN. You mean counsel?

Mr. VELDE. Both.

Mr. PERLIN. Both.

Mr. VELDE. And I wouldn't want to do that.

Mr. PERLIN. I wouldn't want you to do it, Mr. Congressman. I wouldn't want you to do it.

Mr. VELDE. Now, there has been a suggestion made—————

Mr. CLARDY. Yes.

Mr. VELDE. That the witness has not answered my question, and

you are directed to answer the question.

Dr. FINE. Would the question please be repeated?

Mr. VELDE. Yes.

Will the reporter read the question?

(The reporter read the question as follows:)

Dr. Fine, let me say this: You have been called as a witness here to give information to the committee. I have told you this before. We have the duty imposed on us by the House of Representatives to investigate subversive activities. I am sure that you could be of great assistance. We asked you to come before this committee to give that assistance. The committee-and I am speaking for myself—and I think I can speak for the other members-can draw the inference from your performance here today that presently you are a member of the Communist Party and that you have been engaged in subversive activities. Now, I want to ask you one final question: Do you want to remove that doubt, or that opinion, that we as a committee of Congress have?

(At this point Dr. Fine conferred with Mr. Perlin.)

Dr. FINE. I would like to say that, as far as I have been able to ascertain here today, that assumption is based on no evidence, other than the characterization which this committee has chosen to make.

This is exactly the basis on which Mrs. Agnes Meyer has criticized this committee for its improper proceedings

Mr. VELDE. Doctor

Dr. FINE. Which reduced the rights of American people.

Mr. VELDE. Doctor, you can furnish

Dr. FINE. I would like to ask

Mr. VELDE. Evidence. If you are asking about evidence, you can furnish the evidence here today by just answering this question. (At this point Dr. Fine conferred with Mr. Perlin.)

Mr. CLARDY. All you have to do is deny any Communist connections and your record will be clear.

Dr. FINE. If this committee has no other evidence, then I think it is improper that they make any sort of accusation.

If this is the method of operation of this committee, it is clearly one which is inquisitorial, which was followed in the tradition of every inquisition in our history, starting with the inquisition of Jesus Christ, proceeding through the inquisitions in Spain, the inquisitions of the Puritans and the inquisitions which took place in this country of the so-called Salem witches.

On this basis, I think there is no reason to believe that this committee has any evidence. I have stated before-if it does, I ask it to bring such evidence forward and I would like to also ask

Mr. VELDE. Well, now

Dr. FINE. At this moment

Mr. VELDE. Mr. Witness-—

Dr. FINE. If I may proceed, Mr. Chairman

Mr. VELDE. NO. No; you may not proceed any further, because it is merely a harangue and you are not answering the question. It is very dull to us

Dr. FINE. I am sorry to hear

Mr. VELDE. Dr. Fine

Dr. FINE. That our noble history, one which has brought forth freedom in this country, through long struggle, is dull to this committee. Mr. VELDE. Now, the committee has other business to attend to and we don't care to listen to a person who is a witness before this committee who refuses to answer a very simple and easy question to answer. Now, do you or do you not refuse to answer this question?

Dr. FINE. I have declined to answer this question and similar questions, and I have stated my grounds, and I would like to ask this committee

Mr. VELDE. Do you so decline to answer the question

Dr. FINE. I have declined to answer

Mr. VELDE (Continuing). That was put to you?

Dr. FINE. And I would like to ask this committee to give me the

same assurances

Mr. VELDE. The committee is adjourned until Thursday morning

at 10:30.

(Whereupon, at 11:45 a. m., the hearing was recessed until 10:30 a. m., Thursday, April 16, 1953.)

COMMUNIST METHODS OF INFILTRATION

(Education--Part 2)

THURSDAY, APRIL 16, 1953

UNITED STATES HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON UN-AMERICAN ACTIVITIES, Washington, D. C.

PUBLIC HEARING

The subcommittee of the Committee on Un-American Activities met, pursuant to adjournment, at 10:40 a. m., in the caucus room, 362 Old House Office Building, Hon. Harold H. Velde (chairman), presiding.

Committee members present: Representatives Harold H. Velde, Bernard W. Kearney, Kit Clardy, Gordon H. Scherer (appearance noted in transcript), and Morgan M. Moulder.

Staff members present: Robert L. Kunzig, and Frank S. Tavenner, Jr., counsel; Louis J. Russell, chief investigator; Raphael I. Nixon, director of research; Donald T. Appell, investigator; and Thomas W. Beale, Sr., chief clerk.

Mr. VELDE. The committee will come to order.

Mr. Reporter, let the record show that I have set up a subcommittee for the hearing of Dr. Wendell Furry consisting of Mr. Kearney as chairman, Mr. Clardy, and Mr. Moulder.

(Representative Harold H. Velde left the hearing room at this

point.)

Mr. KEARNEY (presiding). Mr. Counsel, are you ready

Mr. TAVENNER. Yes, sir.

Mr. KEARNEY. With the first witness?

Mr. TAVENNER. Is Mr. Wendell H. Furry in the hearing room? Mr. KEARNEY. Do you swear that the testimony you are about to give shall be the truth, the whole truth and nothing but the truth, so help you God?

Dr. FURRY. I do.

Mr. KEARNEY. Proceed.

TESTIMONY OF WENDELL HINKLE FURRY, ACCOMPANIED BY HIS COUNSEL, JOSEPH FORER

Mr. TAVENNER. You are Mr. Wendell H. Furry who appeared as a witness before the Committee on Un-American Activities on February 26, 1953, are you not?

Dr. FURRY. Yes.

Mr. TAVENNER. Are you accompanied by counsel?

Dr. FURRY. Yes, sir.

Mr. TAVENNER. Will counsel please identify himself for the record? Mr. FORER. Joseph Forer, 711 14th Street NW., Washington, D. C. Mr. TAVENNER. Mr. Chairman, I think at this point I should state for the record the facts and action of the committee leading up to Mr. Furry's appearance here today, or Dr. Furry's appearance.

A great many calls, telephone calls, by members of the press came to this committee on and prior to March the 13th with reference to the witness' supposed request to appear before the committee, and newspaper articles were called to our attention with regard to it.

I have in front of me the March 10, 1953, issue of the Boston Post which, in headlines, says "Furry will testify in House probe again." This led to action by the Committee on Un-American Activities in an executive session on March 13, and I read from the minutes of that meeting as follows:

The chairman called the attention of the committee to the press releases made by Dr. Wendell H. Furry indicating that he had arranged to appear before the Committee on Un-American Activities and, in one instance, had stated that he was ready to appear before the committee if called.

After considerable discussion, it was unanimously agreed that in the event the chairman is again contacted by the press to advise the press that no communication of any character had been received by the committee from Dr. Furry with regard to his desire to again appear before the committee, and that in the event Dr. Furry desired to appear before the committee he would be permitted to do so.

(Representative Gordon H. Scherer entered the hearing room at this point.)

Mr. TAVENNER. Then a letter was received under date of March 17, 1953, from Wendell H. Furry addressed to the committee, enclosing an affidavit, and in which he stated as follows:

I have since examined the record of my testimony. I am satisfied that I was legally justified under the fifth amendment in all my refusals to answer. On reconsideration, however, I have decided that I wish, nevertheless, to answer certain ones of the questions that I refused to answer. With regard to my refusals to answer other questions, I have not changed my position.

And then he attached an affidavit which he desired to be considered as a part of his testimony, and I think I should read into the record the affidavit:

COUNTY OF MIDDLESEX,

Commonwealth of Massachusetts:

Wendell H. Furry, being first duly sworn, deposes and says:

I am not, and have not been at any time in at least the last 2 years, a member of the Communist Party. I have no knowledge of the present existence at Harvard University of any group or cell of the Communist Party.

WENDELL H. FURRY.

Subscribed and sworn to before me this 17th day of March 1953.

MARY CONLON, Notary Public.

On the following day, March 18, 1953, the chairman of the committee wired Dr. Furry as follows:

Re request in your letter March 17, 1953, hearing before Committee on UnAmerican Activities will be granted you in Washington, D. C., on April 16, 1953, 10:30 a. m.

HAROLD H. VELDE, Chairman,

So, it appears that the witness is here today as a voluntary witness and is not under subpena of the committee.

Dr. Furry, I want to make a further statement with regard to your appearance here.

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