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Full text of "Special Senate investigation on charges and countercharges involving: Secretary of the Army Robert T. Stevens, John G. Adams, H. Struve Hensel and Senator Joe McCarthy, Roy M. Cohn, and Francis P. Carr. Hearings before the Special Subcommittee on Investigations of the Committee on Government Operations, United States Senate, Eighty-third Congress, second session, pursuant to S. Res. 189 .."

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special  senate  investigation  on  charges 
and  countercharges  involving:  secre- 
tary of  the  army  robert  t.  stevens,  john 
g.  adams,  h.  struve  hensel  and  senator 
joe  McCarthy,  roy  m.  cohn,  and 
francis  p.  carr 


HEARING 

BEFORE  THE 

SPECIAL  SUBCOMMITTEE  ON 
INVESTIGATIONS  OF  THE  COMMITTEE  ON 

GOVERNMENT  OPERATIONS 
UNITED  STATES  SENATE 

EIGHTY-THIRD  CONGRESS 

SECOND  SESSION 
PURSUANT  TO 


S.  Res.  189 


PART  40 


MAY  26,  1954 


Printed  for  the  use  of  the  Committee  on  Government  Operations 


UNITED  STATES 
GOVERNMENT  PRINTING  OFFICE 
4662(  WASHINGTON  :  1954 


Superintendent  of  Documents 

OCT  2  7  1954 


COMMITTEE  ON  GOVERNMENT  OPERATIONS 

JOSEPH  R.  MCCARTHY,  Wisconsin,  Chairman 

KARL  E.  MUNDT,  South  Dakota  JOHN  L.  McCLELLAN,  Arkansas 

MARGARET  CHASE  SMITH,  Maine  HENRY  M.  JACKSON,  Washington 

HENRY  C.  DWORSHAK,  Idaho  JOHN  F.  KENNEDY,  Massachusetts 

EVERETT  MCKINLEY  DIRKSEN,  Illinois       STUART  SYMINGTON,  Missouri 
JOHN  MARSHALL  BUTLER,  Maryland  THOMAS  A.  BURKE,  Ohio 

CHARLES  E.  POTTER,  Michigan 

Richard  J.  O'Melia,  General  Counsel 
Walter  L.  Reynolds,  Chief  Clerk 


Special  Subcommittee  on  Investigations 

KARL  E.  MUNDT,  South  Dakota,  Chairman 

EVERETT  MCKINLEY  DIRKSEN,  Illinois      JOHN  L.  McCLELLAN,  Arkansas 
CHARLES  E.  POTTER,  Michigan  HENRY  M.  JACKSON,  Washington 

HENRY  C.  DWORSHAK,  Idaho  STUART  SYMINGTON,  Missouri 

Ray  H.  Jenkins,  Chief  Counsel 

Thomas  R.  Prewitt,  Assistant  Counsel 

Robert  A.  Collier,  Assistant  Counsel 

Solis  Horwitz,  Assistant  Counsel 

Charles  A.  Maner,  Secretary 

II 


CONTENTS 


Page 

Index i 

Testimony  of — 

Miller,  Capt.  Joseph  J.  M.,  United  States  Army 1476 

in 


SPECIAL  SENATE  INVESTIGATION  ON  CHARGES  AND 
COUNTERCHARGES  INVOLVING:  SECRETARY  OF  THE 
ARMY  ROBERT  T.  STEVENS,  JOHN  G.  ADAMS,  H.  STRUVE 
HENSEL  AND  SENATOR  JOE  MCCARTHY,  ROY  M.  COHN, 
AND  FRANCIS  P.  CARR 


WEDNESDAY,  MAY  26,   1954 

United  States  Senate, 
Special  Subcommittee  on  Investigations  of  the 

Committee  on  Government  Operations, 

Washington,  D.  C. 

The  subcommittee  met  at  10:10  a.  m.,  pursuant  to  recess,  in  the 
caucus  room  of  the  Senate  Office  Building,  Senator  Karl  E.  Mundt, 
(chairman)  presiding. 

Present :  Senator  Karl  E.  Mundt,  Republican,  South  Dakota ;  Sena- 
tor Everett  McKinley  Dirksen,  Republican,  Illinois ;  Senator  Charles 
E.  Potter,  Republican,  Michigan;  Senator  Henry  C.  Dworshak,  Re- 
publican, Idaho;  Senator  John  L.  McClellan,  Democrat,  Arkansas; 
Senator  Henry  M.  Jackson,  Democrat,  Washington;  and  Senator 
Stuart  Symington,  Democrat,  Missouri. 

Also  present:  Ray  H.  Jenkins,  chief  counsel  to  the  subcommittee; 
Thomas  R.  Prewitt,  assistant  counsel;  Ruth  Y.  Watt,  chief  clerk. 

Principal  participants  present:  Senator  Joseph  R.  McCarthy,  a 
United  States  Senator  from  the  State  of  Wisconsin;  Roy  M.  Colin, 
chief  counsel  to  the  subcommittee ;  Francis  P.  Carr,  executive  director 
of  the  subcommittee ;  Joseph  N.  Welch,  special  counsel  for  the  Army ; 
James  D.  St.  Clair,  special  counsel  for  the  Army ;  and  Frederick  P. 
Bryan,  counsel  to  H.  Struve  Hensel,  Assistant  Secretary  of  Defense. 

Senator  Mundt.  The  committee  will  please  come  to  order. 

The  Chair  would  like  to  begin  by  welcoming  the  guests  who  have 
come  to  the  committee  room.,  and  to  admonish  them  concerning  a  stand- 
ing committee  rule  which  we  are  enforcing  vigorously. 

I  would  like  to  call  to  the  attention  of  our  guests  in  the  rear  of  the 
room,  therefore,  the  fact  that  we  have  a  standing  committee  order 
against  any  audible  manifestations  of  approval  or  disapproval  of  any 
kind  at  any  time  during  these  hearings.  The  uniformed  officers  who 
are  in  the  room  and  the  plainclothes  men  scattered  among  you  have  or- 
ders from  the  committee  to  immediately  and  politely  escort  from  the 
room  without  further  notice  from  the  Chair  any  of  our  guests  who 
choose  to  violate  the  conditions  under  which  you  entered  the  room, 
namely,  to  refrain  from  any  manifestations  of  approval  or  dis- 
approval. 

1475 


1476  SPECIAL   INVESTIGATION 

I  hope  that  we  will  continue  to  have  the  splendid  cooperation  in  the 
audience  which  we  have  enjoyed  throughout  these  protracted  hearings. 

As  we  had  concluded  the  last  witness,  we  were  hearing  some  of  the 
collateral  witnesses  in  the  presentation  of  the  Army's  side  of  this 
controversy. 

Counsel  Jenkins,  I  understand  there  are  additional  witnesses  to  be 
heard  in  the  presentation  of  the  position  of  Mr.  Stevens  and  Mr. 
Adams,  and  I  will  ask  you  therefore  to  call  the  next  witness. 

Mr.  Jenkins.  Mr.  Chairman,  I  should  like  at  this  time  to  call  Cap- 
tain Miller. 

Senator  Mundt.  Are  you  Captain  Miller  ? 

Captain  Miller.  Yes,  sir;  I  am. 

Senator  Mundt.  Will  you  stand  and  be  sworn.  Do  you  solemnly 
swear  that  the  testimony  you  are  about  to  give  is  the  truth,  the  whole 
truth,  and  nothing  but  the  truth,  so  help  you  God  ? 

Captain  Miller.  I  do,  sir. 

TESTIMONY  OF  CAPT.  JOSEPH  J.  M.  MILLER,  ACCOMPANIED  BY 

LT.  GEORGE  S.  MEISSNER 

Senator  Mundt.  You  may  be  seated. 

Mr.  Jenkins.  Subject  to  your  approval,  Mr.  Chairman,  I  should 
like  Mr.  Charles  Maner  to  examine  Captain  Miller. 

Senator  Mundt.  That  is  quite  all  right.  We  are  happy  to  have  Mr. 
Maner  back  with  us. 

Mr.  Maner.  Mr.  Chairman. 

Senator  Mundt.  Mr.  Maner,  you  may  proceed  with  the  interroga- 
tion of  Captain  Miller. 

Captain  Miller,  will  you  state,  please,  your  full  name,  your  rank, 
and  your  present  assignment? 

Captain  Miller.  I  am  Capt.  Joseph  J.  M.  Miller.  I  am  the  com- 
mander of  K  Company,  the  272d  Infantry,  which  was  formerly  the 
47th  when  Private  Schine  was  with  my  company. 

Mr.  Maner.  You  were  company  commander  in  November  of  1953, 
sir? 

Captain  Miller.  Yes,  sir,  I  was. 

Mr.  Maner.  State  when  you  first  learned  that  Private  Schine 
would  be  assigned  to  your  company. 

Captain  Miller.  I  was  first  informed  that  Private  Schine  would  be 
a  member  of  my  company  on  November  19,  1953,  when  I  was  called 
to  the  office  of  my  regimental  commander,  together  with  various  other 
officers  of  the  regiment.  I  was  informed  that  Private  Schine  was  to 
be  a  member  of  my  company  for  basic  training,  and  that  Private 
Schine  was  still  completing  some  work  for  the  Senate  Permanent 
Subcommittee  on  Investigations,  and  that  I  would  be  called  upon  to 
give  Private  Schine  passes  at  various  times  to  do  this  work. 

I  was  further  informed  that  I  was  not  of  my  own  authority  au- 
thorized to  give  Private  Schine  these  passes,  but  that  the  authority 
would  be  communicated  to  me  through  channels,  and  that  when  such 
authority  was  communicated  to  me  I  was  to  make  Private  Schine 
available  for  this  work. 

Mr.  Maner.  That  information  was  all  given  to  you  by  your  regi- 
mental commander? 


SPECIAL    INVESTIGATION  ]477 

Captain  Miller.  Yes,  sir,  it  was. 

Mr.  Maner.  Who  was  your  regimental  commander  at  that  time? 

Captain  Miller.  Col.  Earl  L.  Ringler. 

Mr.  Maner.  That  occurred  on  the  19th  of  November.  Then  when 
did  vou  first  see  Private  Schine  ? 

Captain  Miller.  I  first  saw  Private  Schine  shortly  after  lunch 
when  the  trainees  were  brought  to  Company  K  from  the  reception 
center. 

Mr.  Maner.  Was  that  also  on  the  19th  of  November,  sir? 

Captain  Miller.  Yes,  sir,  it  was. 

Mr.  Maner.  Did  you  discuss  the  matter  of  passes  then  with  Private 
Schine  at  that  time? 

Captain  Miller.  Yes,  sir,  I  did.  As  soon  as  the  company  was 
formed  in  platoons,  I  went  out  to  inspect  the  operation  and  had 
Private  Schine  sent  to  me.  I  told  him  to  report  to  the  orderly  room, 
and  when  I  came  in,  to  report  to  me  in  my  office.  There  I  discussed 
with  Private  Schine  the  fact  that  I  was  apprised  of  the  necessity  of 
having  Private  Schine  available  for  frequent  passes  to  complete  com- 
mittee work  which  was  then  in  process.  I  told  him  that  I  was  not  of 
my  own  authority  to  give  him  these  passes,  but  that  such  authority 
would  be  communicated  to  me  through  channels,  and  that  whenever 
Private  Schine  was  to  go  on  pass  I  would  make  him  immediately 
available.  I  emphasized  that  it  was  not  my  authority  to  grant  him 
passes  during  the  first  4  weeks  of  basic  training. 

Mr.  Maner.  Was  it  on  this  occasion,  Captain  Miller,  that  Private 
Schine  made  some  offers  to  you  about  some  personal  assistance  that 
he  could  render  you  ? 

Captain  Miller.  No,  sir ;  it  was  not.     Later  in  the  afternoon 

Mr.  Maner.  Tell  about  that  occasion,  then,  if  you  will,  Captain 
Miller. 

Captain  Miller.  Yes,  sir ;  that  occasion  occurred  later  in  the  after- 
noon. When  I  was  passing  through  the  barracks  to  see  how  the 
trainees  were  coming  along  with  their  housekeeping  accommodations, 
I  passed  through  the  3d  platoon  where  Private  Schine  was  assigned, 
and  upon  passing  through  the  lower  floor,  Private  Schine  was  at  his 
bunk,  getting  his  things  in  order,  and  because  I  had  been  notified  that 
Private  Schine  was  to  go  on  pass  that  day,  I  inquired  to  see  how  he 
was  coming  along  with  his  arrangement  of  his  bunk  area  and  getting 
his  equipment  in  order,  so  that  his  pass  for  the  weekend  would  not 
interfere  with  the  commencement  of  training  on  Monday  morning. 
During  this  conversation,  Private  Schine  asked  me  or  told  me,  rather, 
that  if  I  ever  wanted  to  make  a  little  trip  to  Florida,  that  he  knew  a 
Colonel  Bradley,  but  here  I  cut  him  off  in  the  middle  of  the  sentence. 

Mr.  Maner.  Did  he  state  who  Colonel  Bradley  was  ? 

Captain  Miller.  Sir,  at  that  time  I  didn't  know  who  Colonel  Brad- 
ley was,  but  because  of  the  remark  I  made  inquiries  to  find  out  who 
this  Colonel  Bradley  could  possibly  be  and  whether  he  was  assigned  to 
the  post.  I  didn't  learn  until  2  months  later  that  Colonel  Bradley  was 
actually  of  McGuire  Air  Force  Base. 

Mr.  Maner.  Go  ahead  and  describe  the  incident  further. 

Captain  Miller.  Further  than  that,  I  told  Private  Schine  that  it 
was  improper  for  officers  to  accept  any  kind  of  favors  or  any  kind  of 
gifts  from  trainees  or  enlisted  persons  because  it  would  put  them  in  a 


1478  SPECIAL   INVESTIGATION 

bad  position  as  far  as  their  enforcement  of  discipline ;  it  would  com- 
promise their  position  as  officers  in  the  Army. 

Mr.  Maner.  Were  there  other  incidents  when  Private  Schine  ap- 
proached you  with  similar  offers  of  assistance  ? 

Captain  Miller.  No,  sir ;  there  were  not.  And  this  offer  of  asisst- 
ance  was  the  only  occasion.  I  felt  at  that  time  that  an  admonition,  a 
reminder,  that  it  wasn't  proper  for  officers  to  accept  favors  of  this  type 
was  sufficient,  and  there  was  never  a  recurrence. 

Mr.  Maner.  Have  you  ever  had  other  privates  in  your  command 
offer  favors  to  you  ? 

Captain  Miller.  No  ;  I  have  not,  sir. 

Mr.  Maner.  I  will  ask  you  if,  during  the  time  Private  Schine  was 
in  your  command,  you  granted  him  any  preferential  treatment,  disre- 
garding the  passes?  All  those  passes  were  issued  on  orders  from 
higher  authority,  were  they  not  ? 

Captain  Miller.  No,  sir.  That  bears  some  explanation.  All  of 
the  passes  were  not  issued  on  orders  of  higher  authority.  I  granted 
three  passes  of  my  own  authority  by  company  policy. 

Mr.  Maner.  Those  are  passes  which  are  granted  to  all  trainees;  is 
that  correct? 

Captain  Miller.  Yes,  sir ;  they  are,  on  various  merits. 

Mr.  Maner.  But  other  than  those  three  passes,  all  passes  were 
granted  on  orders  from  higher  authority,  were  they  not  ? 

Captain  Miller.  Yes,  sir,  they  were. 

Mr.  Maner.  Now,  other  than  the  granting  of  those  passes,  which 
were  granted  on  orders  from  higher  authority,  did  Private  Schine 
receive  any  preferential  treatment  while  he  was  in  your  command  ? 

Captain  Miller.  No,  sir.  To  my  knowledge,  Private  Schine  re- 
ceived no  preferential  treatment  other  than  that  necessary  to  make 
him  available  for  this  committee  business. 

Mr.  Maner.  There  have  been  some  allegations  about  his  riding  to 
the  rifle  range  in  the  cab  of  trucks  and  some  other  things.  Do  you 
know  anything  about  those  allegations  ? 

Captain  Miller.  I  know,  sir,  of  some  of  those  allegations  because  I 
personally  participated  in  them,  in  the  incidents. 

Mr.  Maner.  With  which  instance  are  you  familiar,  then,  Captain 
Miller? 

Captain  Miller.  It  would  be  necessary  for  you  to  mention  the  in- 
cident, sir,  and  then  I  could  go  into  them.  However,  much  of  the 
material  in  those  allegations  came  to  light  after  the  training  cycle  was 
finished  and  because  of  certain  reports  to  newspapers  by  trainees  in 
tke  company.  They  included  information  which  would  not  ordinarily 
be  available  to  me  unless  it  were  reported. 

Mr.  Maner.  You  do  not  personally  supervise  the  training;  is  that 
correct  ? 

Captain  Miller.  I  am  responsible  for  the  training  in  the  company. 
However,  I  have  250  men,  sir,  and  I  have  the  overall  responsibility. 
It  is,  however,  delegated. 

Mr.  Maner.  The  actual  training  is  in  the  hands  of  a  platoon  ser- 
geant ;  is  that  correct  ? 

Captain  Miller.  Platoon  sergeant,  I  had  a  platoon  officer  with  me, 
and  there  are  also  instructors  provided  by  the  regiment,  who  also  aid 
in  the  training. 


SPECIAL   INVESTIGATION  1479 

Mr.  Maker.  The  allegation  in  particular  that  Private  Schine  rode 
to  the  rifle  range  when  other  trainees  were  walking ;  do  you  know  any- 
thing about  that? 

Captain  Miller.  Yes,  sir.  On  the  morning  of  December  14, 1  had 
sent  the  rest  of  the  trainees  out  to  the  range  on  the  available  transpor- 
tation, 21/2-te>n  trucks.  After  signing  the  morning  reports,  about  6 :  30 
in  the  morning,  I  proceeded  to  go  to  the  range  myself.  When  I  passed 
the  mess  hall  there  was  one  of  my  trucks  parked  with  the  motor  run- 
ning. This  was  unusual,  because  I  had  directed  that  the  transporta- 
tion was  to  return  directly  to  the  motor  pool  upon  completing  the 
transfer  of  the  trainees  from  the  company  area  to  the  range. 

I  went  around  to  the  driver's  side  of  the  truck  to  admonish  the 
driver  for  not  returning  directly  to  the  motor  pool.  I  did  so,  and 
then  noticed  that  there  was  another  soldier  sitting  in  the  truck  on  the 
other  side.  I  looked  through  the  truck  and  saw  that  it  was  Private 
Schine.  I  thereupon  asked  Private  Schine  what  he  was  doing  riding 
back  and  forth  from  the  range  in  the  truck  while  the  rest  of  his  train- 
ees, fellow  trainees,  were  at  the  range  being  formed  to  firing  orders, 
preparing  to  fire. 

I  was  especially  annoyed  that  morning  because  it  was  raining 
heavily. 

Mr.  Cohn.  Mr.  Chairman,  just  a  brief  point,  if  I  may. 

S?nator  Mundt.  A  point  of  order? 

Mr.  Cohn.  Yes,  sir;  I  missed  a  little  bit  here.  Do  I  understand 
Captain  Miller  to  be  testifying  about  some  incident  of  preferential 
treatment  or  some  request  made  by  myself,  Senator  McCarthy,  or 
Mr.  Carr  or  anyone  connected  with  the  committee,  and  bearing  on  the 
proceedings  being  held  here  in  this  room  ?    I  didn't  understand  that. 

Mr.  Maner.  Mr.  Chairman,  we  expect  to  show  later  whether  or  not 
that  was  as  a  result  of  any  request. 

Mr.  Cohn.  I  wonder,  Mr.  Maner,  if  you  can  inquire  of  Captain 
Miller  whether  or  not  he  ever  met  Senator  McCarthy,  myself,  or  Mr. 
Carr,  or  anyone  from  the  committee  staff,  and  whether  or  not  he  ever 
received  any  request  from  any  of  us  to  do  anything  for  Private  Schine. 

Mr.  Maner.  I  have  every  intention  to  do  that  in  time. 

Senator  Mundt.  That  will  be  done.  The  Chair  believes  that  the 
committee  is  not  particularly  interested  in  any  preferential  treatment 
for  Private  Schine  that  might  have  originated  with  the  Army.  We 
are  interested  in  any  which  might  have  originated  as  a  result  of  a  com- 
mittee request. 

Mr.  Maner.  Will  you  proceed,  Captain  Miller? 

Captain  Miller.  I  believe  that  I  was  at  the  portion  of  the  incident 
where  I  was  asking  Private  Schine  what  he  was  doing  riding  back 
and  forth  from  the  range  in  the  truck.  Private  Schine  thereupon  told 
me  that  he  was  studying  logistics.    That  comment  was 

Senator  McCarthy.  Mr.  Chairman. 

Senator  Mundt.  Have  you  a  point  of  order  ? 

Senator  McCarthy.  I  have  a  point  of  something.  I  understand 
this  witness  would  be  called — this  may  be  very  funny,  and  it  may  be 
a  good  show  whether  Schine  rode  in  the  cab  or  the  back  of  the  truck. 
Unless  this  has  something  to  do  with  a  request  for  special  privilege, 
it  is  completely  improper.    May  I  say  if  this  witness  goes  on  and  con- 

46620  •— 54— pt.  40 2 


1480  SPECIAL   INVESTIGATION 

tinues  to  testify  about  whether  Schine  rode  in  the  cab  or  the  back  of 
a  truck  and  conversations  he  has  had  with  him,  it  will  mean  if  we  are 
going  into  those  issues  that  I  will  have  to  call  a  number  of  officers 
to  show  the  animosity,  the  personal  dislike  between  this  witness  and 
Mr.  Schine.  If  he  sticks  to  the  issues,  I  won't  have  to  do  that.  He  is 
not  sticking  to  the  issues  now.  As  I  say,  it  may  be  funny.  It  may 
be  a  good  show,  but  I  would  suggest  to  the  chairman  that  the  Chair 
has  got  to  decide  what  is  relevant  and  what  is  not. 

Senator  Mundt.  Associate  counsel,  Mr.  Cohn,  before  you  came  in, 
raised  the  same  point,  and  the  Chair  stated,  and  the  counsel  stated, 
that  they  are  going  to  prove  by  interrogatories  whether  or  not  this 
is  relevant,  whether  it  occurred,  and  whether  or  not  it  resulted  from 
anything  suggested  by  members  of  your  committee. 

Senator  McCarthy.  Mr.  Chairman,  the  Chair  has  asked  me,  and  I 
have  acceded  in  shortening  my  examination  of  witnesses  and  cutting 
down  our  witnesses  to  a  very  minimum,  with  the  understanding,  of 
course,  that  we  would  stick  to  the  issues.  The  Chair  has  a  heavy  duty 
here,  and  that  is  to  determine  first  whether  or  not  the  man  is  testify- 
ing to  anything  relevant. 

Mr.  Chairman,  unless  Mr.  Cohn  or  myself  or  Mr.  Carr  or  someone 
connected  with  us  asked  that  Mr.  Schine  study  logistics  or  ride  in 
the  cab  on  a  rainy  day  or  complain  about  the  cold,  it  is  just  a  com- 
plete waste  of  time,  and  it  will  mean  if  we  are  going  into  those 
irrelevant  matters  we  can't  let  them  stand.  We  will  have  to  call  wit- 
nesses on  the  other  side  to  prove  why  the  colonel  is  here.    That  is  all. 

Senator  Mundt.  Counsel  is  going  to  proceed  and  demonstrate 
whether  this  is  relevant  or  not.  The  counsel  has  to  ask  these  questions 
in  his  own  way. 

Mr.  Maner? 

Mr.  Maner.  Proceed,  Captain  Miller. 

Mr.  Cohn.  May  I  ask  this  again,  sir  ?  I  think  we  can  save  a  lot  of 
time.    Could  Mr.  Maner  ask  first 

Senator  Mundt.  The  Chair  believes  Mr.  Maner  has  a  right  to  ask 
the  questions  in  the  manner  he  thinks  best. 

Mr.  Cohn.  May  I  ask  a  question  on  the  point  of  relevancy  and  mate- 
riality %    Is  that  a  proper  point  of  order  ? 

Senator  Mundt.  It  may  bo  made  during  the  course  of  the  inter- 
rogatories, and  if  it  is  not  made  you  may  bring  it  up  at  that  time. 

Senator  McCarthy.  I  am  spending  this  time  not  only  on  this  wit- 
ness but  on  other  witnesses  who  I  assume  will  be  called.  I  think  rather 
than  spend  2  hours,  and  then  ask  whether  or  not  the  material  is  rele- 
vant, and  then  ask  whether  or  not  it  was  as  a  result  of  acts  on  the  part 
of  this  committee,  I  think  the  Chair  should  determine  that  to  begin 
with. 

Senator  Mundt.  There  is  no  question  in  the  Chair's  mind  up  to  this 
point  that  the  discussion  of  a  cab  ride  is  relevant,  because  it  was  dis- 
cussed both  by  your  side  of  the  table  and  the  other  many  times  up  to 
now.   We  are  trying  to  determine  the  facts  as  to  relevancy  at  this  point. 

Senator  McCarthy.  Mr.  Chairman,  this  is  the  last.  I  do  think  the 
Chair  should,  to  begin  with,  before  he  spends  an  hour  with  the  wit- 
ness, find  out  whether  or  not  there  were  any  requests  from  any  member 
of  this  committee  to  the  colonel,  to  the  captain.  If  not,  this  is  com- 
pletely irrelevant.  If  you  want  to  spend  2  hours  first  and  then  find 
out  it  is  irrelevant,  go  right  ahead. 


SPECIAL   INVESTIGATION  1481 

Senator  Mundt.  We  will  try  to  do  it  in  less  than  2  hours. 

Mr.  Maner? 

Mr.  Maner.  I  promise  it  will  be  less  than  2  hours. 

Captain  Miller,  will  you  proceed  ? 

Captain  Miller.  I  believe  I  asked  Private  Schine  what  he  was  doing 
in  the  cab  of  the  truck,  and  Private  Schine  said  he  was  studying  logis- 
tics. I  asked  Private  Schine  how  he  presumed  to  study  logistics  while 
the  rest  of  the  trainees  were  out  on  the  range  being  formed  into  firing 
order,  preparing  to  fire.  I  instructed  the  driver  to  take  Private  Schine 
immediately  to  the  range  and  then  return  to  the  motor  pool. 

Mr.  Maner.  Was  that  done,  sir  ? 

Captain  Miller.  Yes,  sir;  that  was  done. 

Mr.  Maner.  Did  you  ever  have  any  contact  whatever,  personally, 
by  telephone  or  other  vvise,  either  with  Senator  McCarthy  or  any  mem- 
ber of  his  staff? 

Captain  Miller.  No,  sir;  I  did  not. 

Mr.  Maner.  Did  you  ever  see  them  other  than  here  in  this  room  ? 

Captain  Miller.  No,  sir. 

Mr.  Maner.  That  includes  Senator  McCarthy  and  Mr.  Cohn  and 
Mr.  Carr  and  the  other  members  of  the  staff  3 

Captain  Miller.  Yes,  sir. 

Mr.  Maner.  Did  any  one  of  those  gentlemen  ever  ask  you,  directly  or 
indirectly,  for  any  type  of  preferential  treatment  for  Private  Schine? 

Captain  Miller.  No,  sir. 

Mr.  Maner.  Did  you  ever  grant  any  preferential  treatment  to  Pri- 
vate Schine? 

Captain  Miller.  I  believe  that  question  was  asked  previously,  and  I 
stated  that  in  making  Private  Schine  available  for  committee  busi- 
ness  

Mr.  Maner.  Disregarding  making  him  available  for  committee 
business,  did  you  ever  grant  him  any  special  privileges  of  any  kind? 

Captain  Miller.  No,  sir;  I  did  not. 

Mr.  Maner.  Did  you  ever  grant  any  trainee  any  special  privileges? 

Captain  Miller.  No,  sir;  I  did  not. 

Mr.  Maner.  Do  you  know  anything  else  that  occurred  up  there 
that  would  have  any  bearing  on  the  issues  in  controversy  here  f 

Captain  Miller.  I  would  be  prepared  to  answer  any  questions  put 
by  members  of  the  committee,  but  I  am  not  a  judge  as  to  the  relevancy 
of  any  of  the  material  which  I  may  present  this  morning,  sir. 

Mr.  Maner.  On  this  occasion  you  were  describing  when  you  found 
him  in  the  cab  of  the  truck,  did  he  make  any  statement  to  you  as  to 
what  his  purposes  were  at  Fort  Dix  other  than  to  state  that  he  was 
studying  logistics? 

Captain  Miller.  No,  sir.    That  occurred  later  in  the  morning. 

Mr.  Maner.  On  the  same  day? 

Captain  Miller.  Yes,  sir. 

Mr.  Maner.  Describe  that  incident,  Captain  Miller. 

Captain  Miller.  When  I  arrived  at  the  range  after  having  sent 
Private  Schine  out  on  the  truck,  I  found  that  Private  Schine  was 
discussing  something  with  the  field  first  sergeant.  I  came  up  to  them 
and  determined  that  Private  Schine  was  trying  to  get  placed  in  an 
earlier  firing  order  so  that  he  might  be  finished  early.  It  was  not 
apparent  to  me  at  that  time  that  there  was  any  particular  reason  for 
this  because  no  authority  for  a  pass  for  that  evening  was  then  com- 


1482  SPECIAL    INVESTIGATION 

municated  to  me,  and  unless  it  were  there  would  be  no  reason  for 
giving  Private  Schine  any  preference  in  the  handling  of  his  training 
for  the  day. 

I  had  further  advised  Private  Schine  upon  his  first  day  in  the  com- 
pany that  he  was  to  ask  no  favors  from  the  cadre  of  the  company 
because  they  were  authorized  to  grant  him  no  favors.  I  wanted  to 
take  that  responsibility  myself. 

I  had  further  advised  the  cadre  at  the  meeting  on  the  first  day  that 
they  were  to  do  nothing  for  Private  Schine  in  the  way  of  favors  but 
were  to  refer  all  his  requests  to  me. 

Therefore,  the  field  first  sergeant  was  being  compromised  on  that 
morning. 

I  told  Private  Schine  that  he  should  not  have  approached  the  field 
first  sergeant  for  any  favors  because  both  he  and  the  sergeant  knew 
that  nothing  was  to  be  done  without  1113^  authority.  I  was  admonish- 
ing him  for  this,  and  he  asked  me  if  it  might  not  be  possible  to  lower 
my  voice.  I  must  admit  that  I  was  angry  at  the  time.  I  continued 
to  admonish  Private  Schine,  and  he  put  his  hand  on  my  shoulder  in 
an  attempt  to  draw  me  aside.  I  pushed  his  hand  away.  However, 
since  the  rest  of  the  troop  were  preparing  to  march  up  to  the  firing 
line  I  stepped  aside  with  Private  Schine.  He  thereupon  told  me 
that  our  relations  had  been  good  up  to  this  time  and  that  he  enjoyed 
being  with  the  company,  and  that  he  did  not  like  to  have  instances 
of  the  kind  occur  that  happened  earlier  in  the  morning  and  had  just 
happened,  that  they  were  embarrassing  to  him. 

He  told  me  that  he  would  like  us  to  have  good  relations  in  the 
future. 

He  thereupon  told  me  that  it  was  his  purpose  to  remake  the  Ameri- 
can Military  Establishment  along  modern  lines.  He  elaborated 
somewhat  on  this  item,  but  I  largely  ignored  the  conversation.  It 
seemed  a  little  ridiculous  to  me. 

I  told  Private  Schine  to  close  the  discussion,  that  he  could  only 
keep  our  relations  good  in  the  future  by  following  my  orders  and 
policies  in  the  company. 

Mr.  Maner.  Did  he  state  from  whom  he  had  authority  to  modernize 
the  Army? 

Captain  Miller.  No,  sir ;  I  didn't  inquire  along  this  line. 

Mr.  Maker.  Did  you  ever,  other  than  to  grant  Private  Schine 
passes  when  they  were  authorized  from  higher  authority,  relieve  him 
from  duty  that  he  was  to  perform,  either  in  training  or  other  than 
training? 

Captain  Miller.  Would  you  please  repeat  that  question,  sir  ? 

Mr.  Maner.  Other  than  to  grant  him  these  passes  which  you  were 
authorized  by  higher  authority  to  grant,  did  you  ever  relieve  Private 
Schine  from  any  duty  of  any  kind,  k.  p.  duty  or  any  other  duty  ? 

Captain  Miller.  There  were  two  incidents  of  this  type.  The  first 
instance  was  on  the  8th  of  December.  Private  Schine  was  on  k.  p. 
and  had  to  be  relieved  from  k.  p.  at  1  o'clock  in  the  afternoon  for 
the  purpose  of  attending  a  makeup  class  on  troop  information 
program. 

Mr.  Maner.  That  was  in  connection  with  his  training,  however, 
was  it  not? 

Captain  Miller.  Yes,  it  was. 


SPECIAL   INVESTIGATION  1483 

Mr.  Maner.  And  it  was  necessary  for  him  to  make  up  that  training 
which  he  had  missed  ? 

Captain  Miller.  Yes,  sir,  it  was. 

Mr.  Maner.  Other  than  that,  did  you  ever  relieve  him  from  k.  p. 
or  any  other  duty  that  he  was  required  to  perform  at  Fort  Dix  ? 

Captain  Miller.  An  incident  occurred  on  the  10th  of  January  which 
was  a  result  of  an  inadvertent  administrative  error  within  the  com- 
pany. Private  Schine  was  scheduled  for  KP  on  the  10th  of  January, 
and*  because  I  intended  to  be  absent  that  weekend,  and  because  it  may 
be  possible  for  Private  Schine  to  receive  a  pass  that  weekend  as  he 
had  received  one  on  each  other  weekend,  I  had  prepared  an  order 
which  would  place  the  next  most  available  man  on  KP  on  Sunday  in 
the  event  Private  Schine  was  relieved.  This,  I  am  sorry  to  say,  was 
inadvertently  posted  on  the  bulletin  board  and  resulted  in  some  con- 
fusion on  Sunday,  in  which  it  was  necessary  for  the  regimental  com- 
mander to  grant  Private  Schine  a  pass,  and  relieve  him  from  the  KP 
detail. 

Mr.  Maner.  You  do  not  regard  either  of  those  instances  as  con- 
stituting preferential  treatment,  do  you,  Captain  ? 

Captain  Miller.  No,  sir ;  I  do  not. 

Mr.  Maner.  Did  you  ever  relieve  him  from  anything  that  he  was 
supposed  to  do  in  connection  with  his  training  ?  In  other  words,  did 
he  go  through  the  same  training  as  every  other  soldier  at  Fort  Dix^ 

Captain  Miller.  Private  Schine  completed  all  the  prescribed  train- 
ing necessary  to  make  a  well-rounded  soldier  during  the  first  8  weeks 
of  training. 

Mr.  Maner.  Is  there  anything  else  you  know  concerning  Private 
Schine's  tour  of  duty  at  Fort  Dix  that  has  any  bearing  here  ? 

Captain  Miller.  No,  sir ;  there  is  not. 

Mr.  Maner.  That  is  all,  Mr.  Chairman. 

Senator  Mundt.  Captain  Miller,  I  want  to  recapitulate  with  you, 
if  I  can,  the  relevant  portions  of  your  testimony.  I  am  not  just  sure 
why  Mr.  Welch  asked  that  you  be  called  as  a  witness  unless  it  is  to 
show  that  preferential  treatment  was  accorded  to  Private  Schine  at 
the  insistence  or  under  the  threats  of  Senator  McCarthy  or  Mr.  Cohn 
or  Mr.  Carr,  because  quite  obviously,  this  committee  is  not  interested 
in  any  preferential  treatment  which  might  have  been  given  to  any  of 
the  thirty-thousand-odd  privates  at  Fort  Dix,  because  of  errors  in 
judgment  on  the  part  of  the  Army.  If  it  is  a  confession  of  error,  that 
is  not  of  our  concern.  We  are  not  investigating  the  Army.  If  the 
Army  made  some  mistakes  in  its  accounting  system,  or  system  of  rec- 
ords, if  it  made  some  mistakes  about  letting  people  ride  in  the  cabs  of 
trucks,  those  are  not  the  concern  of  this  committee  unless  you  can 
show,  and  those  are  the  questions  I  am  going  to  ask  you,  that  those 
concessions  occurred  because  the  Army  was  afraid  of  Senator 
McCarthy  and  his  staff,  or  that  the  Army  had  been  ordered  to  do  so. 
If  you  want  to  say  that,  then,  of  course,  you  have  a  perfect  right  to 
do  so,  and  I  presume  that  is  the  relevant  part  of  your  testimony. 

So,  let  me  ask  you,  sir,  whether  you  have  any  evidence  at  all  that 
whoever  permitted  Private  Schine  to  ride  in  the  cab  of  that  truck  did 
so  because  of  fear  of  Senator  McCarthy's  committee  or  under  orders 
of  Senator  McCarthy's  committee,  or  whether  it  was  an  Army  deter- 
mination ? 


1484  SPECIAL    INVESTIGATION 

Captain  Miller.  This  was  the  result  of  an  effort  or  an  inadvertency 
on  Private  Sehine's  part  to  create  the  impression  that  he  was  at  Fort 
Dix  other  than  for  basic  training.  The  question  was  not  asked  me 
that  way.    I  was  not  asked  whether  this 

Senator  Mundt.  I  am  trying  to  find  out  the  relevant  portions,  now, 
of  Private  Sehine's  ride  in  the  cab,  whether  it  grew  out  of  the  fact  that 
you  had  received,  or  some  of  your  superiors,  or  some  of  your  lesser 
officers  had  received  orders  from  somebody  to  give  Private  Schine 
preferential  treatment. 

Captain  Miller.  No,  sir ;  I  would  say  that  that  incident  grew  out  of 
no  orders  or  directions  from  higher  headquarters  to  give  any  preferen- 
tial treatment  to  Private  Schine. 

Senator  Mundt.  Was  it  because  in  your  opinion  there  was  a  sort  of 
fear  on  the  part  of  the  officers  at  Fort  Dix  of  the  McCarthy  committee, 
so  that  they  were  making  concessions  to  Private  Schine,  according  to 
fear  of  McCarthy  and  Carr ;  is  that  your  honest  opinion  ? 

Captain  Miller.  My  honest  opinion  on  that,  sir,  is  based  upon  ma- 
terial that  I  gathered  after  basic  training  was  completed.  I  find  that 
there  was  some  reluctance  upon  the  part  of  the  cadre  and  other  trainees 
to  interfere  with  the  activities  of  Private  Schine.  Although  they 
had  no  directions  to  do  this,  they  did,  however 

Senator  Mundt.  Would  that  reluctance  come  from  people  over  you 
or  under  you? 

Captain  Miller.  From  people  under  me,  sir. 

Senator  Mundt.  Did  you  order  them  to  demonstrate  such  re- 
luctance ? 

Captain  Miller.  No,  sir ;  I  did  not. 

Senator  Mundt.  Did  you  have  such  reluctance  yourself  ? 

Captain  Miller.  No,  sir ;  I  did  not. 

Senator  Mundt.  Did  anything  channel  through  you  from  your 
superior  officers  or  direct  from  the  McCarthy  staff  indicating  that  you 
should  tell  your  inferiors  that  they  should  have  a  reluctance  in  dealing 
with  Schine? 

Captain  Miller.  No,  sir. 

Senator  Mundt.  So  if  they  had  a  reluctance  it  was  specifically  due 
to  the  relationship  between  Schine  and  the  cadre  ? 

Captain  Miller.  Yes,  sir. 

Senator  Mundt.  Now,  let  me  ask  you  this :  I  am  not  quite  sure  of  the 
special  favor  that  you  said  Private  Schine  offered  to  convey  at  the 
foot  of  the  bunk  one  clay.  You  said  you  had  stopped  before  him  and 
he  said,  "Captain,  if  you  are  ever  going  to  be  in  Florida,  I  know  a  Colo- 
nel Bradley" — then  my  attention  was  diverted.  What  did  he  offer 
to  do  \ 

Captain  Miller.  The  offer,  sir,  was  if  I  ever  wanted  to  make  a  little 
trip  to  Florida,  Private  Schine  knew  a  Colonel  Bradley  and — at  this 
part  of  the  quotation  I  cut  Private  Schine  off  because  it  was  not  the 
policy  for  officers  to  receive  favors  from  trainees. 

Senator  Mundt.  I  think  you  were  quite  right  in  cutting  him  off. 
But  I  wonder  if  you  have  in  mind  what  offer  he  had  in  mind.  Was 
it  that  Colonel  Bradley  had  a  nice  sister  he  might  introduce  to  you, 
or  that  Colonel  Bradley  might  manage  a  hotel,  or  that  Colonel  Bradley 
might  have  to  be  there  and  he  wished  you  to  convey  his  greetings  to 
him,  or  what  was  the  favor? 


SPECIAL    INVESTIGATION  1485 

Captain  Miller.  I  couldn't  state  what  the  favor  was,  because  I 
wasn't  interested  in  finding  out  what  it  was. 

Senator  Mundt.  You  are  not  sure  whether  he  was  going  to  convey 
a  favor  or  not,  because  you  cut  him  off,  and  appropriately  so,  but  you 
cut  him  off  and  he  didn't  state  it;  is  that  right  S 

Captain  Miller.  Yes,  sir. 

Senator  Mundt.  But  the  favor  is  something  that  looms  up  in  your 
imagination,  you  assume  he  was  going  to  ask  one,  that  he  might  have 
asked  one,  I  don't  know.  But  it  is  entirely  possible  that  he  might 
have  asked  for  you  to  convey  his  greetings  to  Colonel  Bradley,  or  that 
Colonel  Bradley  knows  some  places  down  there  where  you  could  go 
down  and  get  acquainted  with  some  folks  or  something  of  that  kind. 
You  don't  know  what  he  was  going  to  say.  He  might  have  said  Colonel 
Bradley  owns  a  hotel,  or  he  was  going  to  let  you  have  a  suite  of  hotel 
rooms.    You  don't  know. 

Captain  Miller.  I  couldn't  draw  that  hypothesis.  Colonel  Bradley 
is  at  the  McGuire  Air  Force  Base.  There  could  be  only  one  connection, 
and  that  would  be  transportation. 

Senator  Mundt.  Did  you  know  that  Colonel  Bradley  was  at  the 
Air  Force  base  ? 

Captain  Miller.  No,  sir ;  I  determined  that  later. 

Senator  Mundt.  You  thought  in  retrospect  that  Colonel  Bradley 
would  provide  transportation  to  Florida  % 

Captain  Miller.  Yes,  sir ;  so  it  would  have  no  connection  with  girls. 

Senator  Mundt.  O.  K,  I  was  trying  to  find  out  if  you  stopped  him 
with  the  word  and,  you  foreclosed  the  committee  from  finding  out 
what  he  had  in  mind,  at  the  same  time  foreclosing  yourself.  Those 
are  all  the  questions,  I  guess. 

Senator  McClellan  ? 

Senator  McClellan.  How  long  had  you  known  Private  Schine  be- 
fore he  made  this  suggestion  to  you  about  a  Florida  trip  ? 

Captain  Miller.  About  an  hour,  sir. 

Senator  McClellan.  About  an  hour.  Why  did  you  have  to  advise 
Private  Schine  that  he  was  not  to  ask  favors  of  others  under  your 
command  ? 

Captain  Miller.  I  felt,  sir,  that  the  position  which  Private  Schine 
had  with  the  subcommittee  necessitated  my  handling  the  matter  di- 
rectly and  also  the  fact  that  Private  Schine  would  be  granted  frequent 
passes.  I  felt  that  anything  in  connection  with  that  should  be  handled 
by  me  personally  so  that  the  thing  would  run  smoothly.  On  the  other 
hand,  I  was  afraid  that  the  cadre  might,  because  of  Private  Schine's 
connection  with  an  important  committee  of  our  Senate,  have  some 
tendency  to  perform  favors,  and  I  didn't  want  them  to  do  anything  of 
that  type  and  compromise  themselves. 

Senator  McClellan.  You  were  just  taking  precautions? 

Captain  Miller.  Yes,  sir ;  I  was. 

Senator  McClellan.  Did  you  have  to  take  such  precautions  with 
other  privates  ? 

Captain  Miller.  I  never  had  another  Private  Schine,  sir. 

Senator  McClellan.  That  precaution  that  you  had  to  take  and  the 
instructions  you  gave  were  out  of  the  ordinary,  in  your  experience? 

Captain  Miller.  Yes,  sir ;  they  were. 


148G  SPECIAL    INVESTIGATION 

Senator  McClellan.  You  spoke  about  him  advising  you  that  lie 
was  down  there  to  study  logistics,  I  believe  you  said. 

Captain  Miller.  Yes,  sir. 

Senator  McClellan.  And  also  to  reorganize  the  Army  and  get  it  up 
to  modern  standards. 

Captain  Miller.  Yes,  sir. 

Senator  McClellan.  Is  that  correct? 

Captain  Miller.  Yes,  sir. 

Senator  McClellan.  Then  you  said — first,  let  me  ask  you,  had  you 
ever  given  any  instructions  to  him  or  given  him  any  assignment  of 
such  duties  as  that? 

Captain  Miller.  No,  sir,  I  had  not. 

Senator  McClellan.  Do  you  know  where  he  got  such  an  assign- 
ment ? 

Captain  Miller.  I  have  no  idea,  sir. 

Senator  McClellan.  Do  you  know  whether  he  had  any  such  as- 
signment ? 

Captain  Miller.  No,  sir,  but  there  were  other  indications  by  Pri- 
vate Schine  that  he  had  a  purpose  at  Fort  Dix  other  than  basic  train- 
ing, and  which  was  connected  with  investigation. 

Senator  McClellan.  Would  you  elaborate  on  that  ?  Let's  see  what 
that  is. 

Captain  Miller.  I  will  try  to,  sir. 

Senator  McClellan.  All  right. 

Captain  Miller.  On  the  4th  of  January,  Private  Schine  was  sent 
back  to  the  company  from  regimental  headquarters  after  it  had  been 
directed  that  he  was  to  perform  KP  on  the  following  Sunday.  At 
that  time  my  unit  administrator  had  him  in  his  office  and  discussed 
disciplinary  problems  with  Private  Schine. 

Senator  McClellan.  What  disciplinary  problems? 

Captain  Miller.  It  was  in  connection  with  a  pass  on  New  Year's, 
sir.  However,  the  incident  bearing  on  the  question  which  you  asked 
previously:  Private  Schine  stated  to  my  unit  administrator  that  it 
would  be  unwise  to  put  him  on  K.  P.  on  any  more  weekends  because 
he  would  be  on  pass  and  would  not  be  present  to  take  such  K.  P. 
assignments ;  and  furthermore,  that 

Senator  McClellan.  Was  that  a  violation  of  your  instructions  to 
him  ? 

Captain  Miller.  It  was  approximately  a  half  hour  after  it  was 
directed  that  he  was  to  have  K.  P.  for  the  following  weekend. 

Senator  McClellan.  I  know,  but  I  thought  you  had  previously 
instructed  him  not  to  take  up  these  matters  with  others  under  your 
command,  but  to  talk  to  you  directly  about  such  things. 

Captain  Miller.  Yes,  sir,  that  would  be  another  instance. 

Senator  McClellan.  I  understand.  Was  this  a  violation  of  the 
instructions  you  had  given  him  ? 

Captain  Miller.  Yes,  sir. 

Senator  McClellan.  All  right.     Proceed. 

Captain  Miller.  Private  Schine  said  that  he  was  working  on  re- 
ports all  the  time,  and  submitting  them  constantly,  and  while  they 
didn't  affect  the  company  to  any  great  extent,  he  would  mention  me 
2  or  3  times  in  his  reports. 

Senator  McClellan.  Who  was  he  reporting  to  ? 


SPECIAL   INVESTIGATION  1487 

Captain  Miller.  I  don't  know,  sir. 

Senator  McClellan.  But  he  was  giving  you  the  impression  that 
he  was  there  for  other  purposes  aside  from  getting  some  basic 
training  ? 

Captain  Miller.  Yes,  sir. 

Senator  McClellan.  And  that  he  was  reporting  to  some  higher 
authority  on  the  conduct  of  the  Army  there  at  the  base? 

Captain  Miller.  It  would  seem  there  would  be  that  logical  con- 
nection. I  had  no  other  previous  connection  with  Private  Schine 
other  than  through  basic  training. 

Senator  McClellan.  He  did  say  he  would  mention  you  personally 
2  or  3  times  in  his  report  ? 

Captain  Miller.  Yes,  sir,  he  did. 

Senator  McClellan.  About  what  ?  What  was  he  going  to  mention 
you  about? 

Captain  Miller.  I  don't  know,  sir. 

Senator  McClellan.  All  right.     Proceed. 

Captain  Miller.  On  the  19th  of  November  when  I  oriented  Private 
Schine  on  the  pass  policy  and  instructed  Private  Schine  to  sign  out 
each  time  he  went  on  pass,  in  the  orderly  room,  in  a  signout  book 
which  was  in  the  public  office  section  of  the  orderly  room,  he  asked 
me  if  that  were  not  a  little  obvious. 

Senator  McClellan.  A  little  obvious? 

Captain  Miller.  I  thereupon  informed  Private  Schine  that  I  didn't 
consider  it  obvious ;  that  the  passes  which  I  discussed  with  him  would 
be  official  and  communicated  to  me  through  channels,  and  I  saw  no 
reason  why  he  should  not  use  the  signout  book,  because  that  was  the 
proper  procedure  when  a  man  was  going  on  pass. 

On  the  5th  of  November — on  the  5th  of  January,  rather  I  had  oc- 
casion to  deliver  a  message  to  Private  Schine  to  make  a  committee 
telephone  call.  At  that  time  I  told  Private  Schine  that  I  had  been 
informed  that  he  was  to  be  transferred  to  Camp  Gordon  for  basic 
training,  and  that  as  far  as  I  could  determine — for  further  basic 
training,  and  that  as  far  as  I  could  determine  he  was  an  ordinary 
trainee  and  had  no  purpose  at  Fort  Dix  other  than  basic  training. 

Private  Schine  then  informed  me  that  at  his  next  assignment,  Camp 
Gordon,  he  would  no  doubt  be  classified  as  an  observer  so  that  he 
wouldn't  have  the  difficulties  he  had  at  Fort  Dix. 

Senator  McClellan.  Captain,  are  you  the  one  who  rated  him  as  a 
soldier? 

Captain  Miller.  Yes,  sir,  I  am. 

Senator  McClellan.  You  gave  him  a  good  rating,  an  excellent 
rating,  I  believe,  as  a  soldier? 

Captain  Miller.  I  gave  Private  Schine  a  "superior"  in  training. 

Senator  McClellan.  "Superior"  in  training.  He  did  make  a  good 
soldier? 

Captain  Miller.  Yes,  sir.  I  felt  that  in  spite  of  the  frequent  passes 
and  committee  meetings  on  post,  that  Private  Schine  had  applied 
himself  well  to  the  training.  In  fact,  during  the  range  firing  week, 
Private  Schine  fired  a  score  of  204,  which  was  especially  good  for 
the  winter  firing. 

Senator  McClellan.  Captain,  I  assume  you  have  related  now 
about  all  the  incidents  that  occurred,  have  you  ?, 

46620°— 54— pt.  40 3 


1488  SPECIAL    INVESTIGATION 

Captain  Miller.  Yes,  sir,  the  incidents  of  the  type  that  you  men- 
tioned.    Those  are  the  ones  which  I  remember,  sir. 

Senator  McClellan.  As  you  evaluate  the  incidents,  would  you 
say  that  Private  Schine  himself  sought  preferential  treatment? 

Captain  Miller.  The  morning  when  Private  Schine  attempted  to 
get  moved  to  an  earlier  firing  order  was,  to  my  mind,  an  instance 
of  seeking  preferential  treatment  on  his  part. 

Senator  McClellan.  Did  you  have  the  same  problem  with  other 
privates  during  the  course  of  his  training  ? 

Captain  Miller.  There  are  other  instances  where  privates  make 
requests  to  the  company  commander  or  to  cadremen  which  do  not 
come  to  my  attention  especially. 

Senator  McClellan.  I  am  trying  to  get  the  facts.  If  there  is 
nothing  unusual  about  this,  let's  say  so. 

Captain  Miller.  There  was  something  unusual  about  it,  because 
I  had  instructed  Private  Schine  not  to  ask  any  favors  of  the  cadre. 

Senator  McClellan.  The  point  I  make  is,  let's  be  fair  to  Private 
Schine.  If  Private  Schine  did  what  the  ordinary  private  might  do 
under  the  circumstances,  let's  say  so.  If  it  is  out  of  the  ordinary,  then 
I  think  maybe  it  has  some  bearing. 

Captain  Miller.  It  was  out  of  the  ordinary,  sir,  because  Private 
Schine  was  instructed  by  me  not  to  seek  such  favors  from  the  cadre, 
and  the  cadre,  I  told  Private  Schine,  were  instructed  not  to  grant  him 
any  favors. 

Senator  McClellan.  Did  you  instruct  other  privates  as  you  did 
Private  Schine? 

Captain  Miller.  There  were  not  the  problems  with  other  privates, 
sir. 

Senator  McClellan.  Why  did  you  not  instruct  other  privates? 
Why  didn't  you  give  them  the  same  instructions  you  gave  Private 
Schine  ? 

Captain  Miller.  Because  there  were  not  similar  circumstances  con- 
nected with  their  being  at  Fort  Dix,  sir. 

Senator  McClellan.  A  different  set  of  circumstances  developed 
with  respect  to  Private  Schine  which  necessitated  according  to  your 
judgment,  the  giving  of  the  instructions  you  gave  ? 

Captain  Miller.  Yes,  sir. 

Senator  McClellan.  Those  circumstances  did  not  develop  with 
respect  to  other  privates. 

Captain  Miller.  No,  sir;  they  did  not. 

Senator  McClellan.  That  is  all. 

Senator  Mtjndt.  Senator  Symington  has  suggested  that  the  Chair 
neglected  to  have  the  young  man  identified  who  is  at  your  right.  Will 
you  tell  us  who  he  is  ?     If  he  is  your  counsel,  his  name  and  so  forth. 

Captain  Miller.  The  officer  is  Lt.  George  S.  Meissner. 

Senator  Mtjndt.  Will  you  spell  it,  please? 

Captain  Miller.  M-e-i-s-s-n-e-r.  He  is  my  counsel.  He  is  from 
Fort  Dix  and  knows  the  details  of  my  testimony,  sir. 

Senator  Mundt.  Thank  you. 

Senator  Potter  ? 

Senator  Potter.  Captain  Miller,  one  of  the  allegations  made  in 
the  report  by  Senator  McCarthy  and  Mr.  Colin  and  Mr.  Carr  is 
that  Private   Schine   did   not   receive   preferential   treatment   but 


SPECIAL    INVESTIGATION  1489 

in  fact  was  in  some  cases  discriminated  against  because  of  his  former 
association  with  this  committee.  You  were  his  company  commander 
at  Fort  Dix.  You  have  stated  in  answer  to  Senator  McClellairs 
question  that  Private  Schine  was  treated  different  from  any  other 
privates  of  your  company.  Would  you  say  that  Private  Schine  was 
discriminated  against  because  he  was  a  so-called  hot  private? 

Captain  Miller.  No,  sir;  I  would  say  not.  You  may  possibly  con- 
strue the  fact  that  I  told  him  to  seek  no  favors  from  the  cadre  as  such 
discrimination.  However,  since  Private  Schine  was  to  have  these 
frequent  passes  and  it  would  be  necessary  for  me  to  make  judgment 
as  to  when  he  was  to  be — how  his  training  was  to  be  conducted  during 
the  day  in  order  to  make  him  available,  it  was  necessary  for  me  to 
handlethis  personally  and  I  didn't  want  one  of  my  subordinates  taking 
the  responsibility  for  a  decision  of  this  type. 

Senator  Potter.  But  did  Private  Schine  enjoy  the  same  relation- 
ships with  the  sergeants  and  the  platoon  leaders  as  other  privates? 

Captain  Miller.  Yes,  sir;  he  did. 

Senator  Potter.  Captain,  as  company  commander,  you  were  re- 
sponsible for  giving  Private  Schine  his  efficiency  rating,  is  that  cor- 
rect ? 

Captain  Miller.  That  is  correct,  sir. 

Senator  Potter.  And  I  believe  you  stated  that  he  received  a  su- 
perior or  excellent  rating? 

Captain  Miller.  A  superior  in  training. 

Senator  Potter.  Which  is  the  highest  rating  that  a  soldier  can 
receive,  is  that  correct? 

Captain  Miller.  Yes,  sir. 

Senator  Potter.  I  also  understand  from  the  testimony  that  was 
given  yesterday,  that  Private  Schine  received  a  fair  rating  on  his 
character  rating,  is  that  correct? 

Captain  Miller.  Yes,  sir,  that  is  correct. 

Senator  Potter.  Was  it  your  responsibility  to  give  him  that,  to  give 
Private  Schine  the  character  rating  ? 

Captain  Miller.  Yes,  sir,  it  was. 

Senator  Potter.  Can  you  give  the  committee  the  basis  for  the  fair, 
which  is  not  the  best  rating  that  a  person  can  receive  for  character  ? 
Can  you  give  the  committee  your  reasons  for  that  rating  ? 

Captain  Miller.  Yes,  sir.  I  can.  It  was  my  overall  judgment  of 
Private  Schines's  attitude  toward  me,  and  toward  Army  life  and 
toward  discipline  while  he  was  at  Fort  Dix.  I  must  say  that  it  was 
my  judgment  and  I  stand  by  the  judgment.  I  base  it  upon  the  various 
incidents  I  had  with  Private  Schine,  the  attitude  Private  Schine 
created  in  the  company,  and  as  a  result  of  his  statements  and  activities, 
and  that  is  my  judgment. 

On  the  basis  of  this,  I  must  go  into  an  incident  concerning  New 
Years  Eve. 

Senator  Potter.  Please  do  so. 

Captain  Miller.  The  policy  in  the  company  was  to  grant  the  train- 
ees a  pass  on  either  Christmas  or  New  Years,  but  not  both.  Some- 
time prior  to  the  Christmas  holiday,  I  had  Private  Schine  in  my  of- 
fice and  inquired  of  Private  Schine  whether  or  not  he  would  be  willing 
to  volunteer  to  take  details  during  the  Christmas  holiday  so  that  a 
maximum  of  soldiers  of  the  Christian  faith  could  take  their  passes  on 
Christmas,  and  the  balance  receive  their  passes  on  New  Year's. 


1490  SPECIAL    INVESTIGATION 

Private  Schine  informed  me  at  that  time  that  he  expected  to  be 
working  on  both  weekends  and  that  I  would  no  doubt  hear  about  these 
passes  through  channels,  as  I  had  always  done  on  previous  passes.  I 
reminded  Schine  that  I  was  authorized  to  give  him  a  pass  on  only  one 
of  the  weekends  but  not  both. 

I  made  out  the  Christmas  and  New  Year's  pass  list  personally,  be- 
cause I  felt  that  it  was  an  item  that  was  important  to  each  soldier  in 
the  company.  I  placed  a  soldier  on  either  the  Christmas  or  New  Years 
weekend,  on  the  basis  of  the  details,  K.  P.  and  guard  duty,  which  are 
rostered,  and  which  would  accrue  to  each  trainee  in  the  company. 

Private  Schine,  by  virtue  of  the  guard  roster,  was  due  for  guard 
on  New  Year's  Eve,  December  31,  and,  therefore,  I  gave  Private 
Schine  his  pass  on  Christmas  holiday. 

But  3  days  before  the  Christmas  holidays,  I  called  each  of  the 
platoons  into  a  formation  and  personally  informed  each  trainee  what 
was  to  be  the  holiday  on  which  he  would  receive  a  pass.  When  I  had 
Private  Schine's  platoon  before  me,  I  called  Private  Schine's  name  and 
stated  that  he  would  have  a  pass  on  the  Christmas  holiday.  Upon  com- 
pleting the  list  of  passes  for  Private  Schine's  platoon,  I  informed  them 
that  their  positions  on  the  pass  roster  was  determined  by  virtue  of  the 
details  which  they  Avere  due  to  receive  on  either  Christmas  or  New 
Year's. 

The  pass  list  for  Christmas  was  posted  on  the  bulletin  board. 
Private  Schine's  name  was  listed  for  the  Christmas  pass.  Private 
Schine  went  on  pass  for  Christmas. 

The  NeAV  Year's  pass  list  was  posted  on  the  bulletin  board  likewise, 
during  the  week  preceding  the  New  Year's  holiday.  Private  Schine's 
name  Avas  not  listed.  Private  Schine's  name  was  listed  on  the  guard 
roster  for  December  31,  1953. 

About  9  o'clock  in  the  morning  on  December  31, 1  ay  as  in  the  orderly 
room  on  company  business,  and  the  first  sergeant  told  me  that  he  had 
spoken  with  Private  Schine  the  evening  before,  and  had  reminded 
Private  Schine  that  he  Avas  on  K.  P.,  or  on  guard  duty,  rather,  for  New 
Year's  Eve.  Private  Schine  told  the  first  sergeant  that  he  had  spoken 
to  me  about  this  matter  and  that  he  had  expected  to  be  on  pass  that 
day.  The  first  sergeant  reported  this  to  me  and  I  told  the  first  ser- 
geant that  Private  Schine  had  not  spoken  to  me  about  this  guard  duty 
detail  and  that  I  had  not  authorized  the  pass,  and  I  had  not  been  in- 
formed by  higher  headquarters  that  a  pass  Avas  due  for  Private  Schine 
for  that  day. 

I  therefore  placed  a  call  to  Lieutenant  Blount,  General  Kyan's  aide, 
and  inquired  whether  a  pass  had  been  authorized  for  Private  Schine 
for  the  NeAV  Year's  Aveekend.  Lieutenant  Blount  told  me  that  he 
would  inquire  of  General  Ryan  and  call  me  back.  He  called  me  back 
and  stated  that  a  pass  had  not  been  authorized  by  General  Ryan  for 
the  NeAV  Year's  Aveekend. 

I  therefore  sent  to  the  training  area  for  Private  Schine,  and  since 
he  was  not  present  there,  I  further  inquired  and  determined  that 
Private  Schine  had  been  sent  to  the  photograph  laboratory  to  have  an 
identification  photo  taken.  I  found  the  name  of  the  corporal  in  charge 
of  the  detail  and  determined  that  Private  Schine  had  gone  to  the 
laboratory,  had  returned,  and  was  sent  into  the  barracks  to  get 
changed  into  his  field  clothing  in  order  to  go  back  out  to  the  training 
area. 


SPECIAL   INVESTIGATION  1491 

Senator  McCarthy.  Mr.  Chairman? 

Senator  Mundt.  Senator  McCarthy. 

Senator  McCarthy.  A  question  of  the  Chair :  Does  the  Chair  feel 
that  this  testimony  is  relevant  to  the  issues  ? 

Senator  Mundt.  I  am  waiting  patiently  to  find  out  when  he  con- 
cludes the  statement.  The  Chair  does  not  know.  It  may  be  and  it 
may  not  be. 

Senator  McCarthy.  I  may  say,  Mr.  Chairman,  I  think  the  Chair 
has  the  duty  to  determine  whether  or  not  this  is  relevant  to  the  issues. 
The  claim  here  is  that  our  committee  exercised  undue  influence  on 
the  military.  This  witness  has  testified  he  had  no  contact  directly  or 
indirectly  with  any  part  of  our  committee.  He  is  now  recounting 
events  in  the  private  life  of  David  Schine.  I  am  not  going  to  sit 
here  and  listen  to  it.  May  I  say,  Mr.  Chairman,  we  have  much  more 
important  work  to  do.  We  should  be  investigating  Communists. 
There  is  a  great  backlog  of  work.  We  have  about  130  in  the  defense 
plants  as  of  this  moment.  I  will  go  back  to  my  office  and  will  the 
Chair  or  someone  call  me  when  we  get  through  with  this  drivel. 

Senator  Mundt.  The  Chair  would  like  to  say  that  he  does  believe 
that  the  testimony  about  the  New  Year's  pass  should  be  related  to 
whether  or  not  it  was  secured,  if  secured  at  all,  at  the  suggestion  of 
the  committee  staff.  The  Chair  has  said  previously  we  are  not  inves- 
tigating errors  or  mistakes  or  inaccuracies  in  Army  records.  We  don't 
want  to  investigate  Fort  Dix. 

Senator  Potter.  Mr.  Chairman,  my  question  was  related  to  the 
statement  made  by  the  Senator  and  Mr.  Cohn  and  Mr.  Carr,  that  rather 
than  receiving  preferential  treatment,  Private  Schine  was  discrimi- 
nated against  in  some  areas.  I  was  questioning  the  captain,  as  to  why, 
in  view  of  of  the  fact  that  Schine  received  an  excellent  or  superior 
efficiency  rating,  he  received  a  much  lesser  rating  as  far  as  character 
was  concerned,  to  determine  whether  that  was  a  form  of  discrimina- 
tion or  not.     That  was  the  purpose  of  the  question. 

Now,  I  think  probably  the  captain  was  going  into  great  detail  on  it. 

Senator  McCarthy.  Mr.  Chairman,  I  am  not  objecting  to  the 
question  of  Mr.  Potter.  We  had  a  rule  originally  set  that  before  a 
witness  would  be  called,  there  would  be  a  resume  of  what  he  will  testify 
given  to  the  Chair.  The  obvious  purpose  is  to  determine  whether 
or  not  the  testimony  is  relevant.  If  this  one  witness  wastes  an  hour  or 
two,  that  isn't  too  bad.  But  I  assume  that  Mr.  Welch  requested  that 
he  be  present,  and  he  has  undoubtedly  requested  other  witnesses  of  a 
like  nature  to  be  present  and  I  am  not,  Mr.  Chairman,  going  to  waste 
my  time  listening  to  irrelevant  testimony.  I  think  the  Chair  has  an 
obligation  to  determine  whether  it  is  relevant  or  not.  The  witness 
should  not  be  wasting  the  time  of  all  these  Army  officers  back  here 
behind  him,  all  the  Senators.  He  is  not  going  to  waste  my  time,  Mr. 
Chairman. 

Lieutenant  Meissner.  Mr.  Chairman. 

Senator  Mundt.  The  Chair  believes  the  Senator  from  Wisconsin 
raises  a  very  valid  point  and  suggests  to  Senator  Potter,  rather  than 
listen  to  this  long  narrative  which  is  getting  pretty  long,  Captain 

Lieutenant  Meissner.  Mr.  Chairman. 

Senator  Mundt.  We  are  trying  to  find  out  whether  or  not  this  is 
something  which  eventuated  as  a  result  of  a  committee  request. 

Senator  Symington.  The  witness'  counsel  desires  the  floor. 


1492  SPECIAL    INVESTIGATION 

Lieutenant  Meissner.  Mr.  Chairman,  I  would  merely  like  to  point 
out  in  all  fairness  to  the  witness — evidently  the  mike  is  dead. 

Senator  Mundt.  I  can  hear  you. 

Lieutenant  Meissner.  In  all  fairness  to  the  witness,  I  would  like  to 
point  out  that  this  is  the  main  incident — there  were  others,  but  this 
is  the  main  incident  on  which  the  character  rating  was  based,  and  this 
is  a  matter  of  record,  sir.  In  other  words,  the  character  rating  is  a 
matter  of  record,  and  when  a  trainee  is  given  a  character  rating  as  low 
as  the  one  given  to  Private  Schine,  the  company  commander  must 
state  why  such  a  rating  was  given.  That  is  the  only  reason  why  Cap- 
tain Miller  is  relating  the  events  of  that  incident,  sir. 

Senator  Potter.  Mr.  Chairman 

Senator  Mundt.  General  Ryan  testified  at  considerable  length  on 
both  the  character  rating  and  the  superior  rating,  but,  Senator  Potter, 
you  may  continue. 

Senator  Potter.  Mr.  Chairman,  I  feel  that  I  have  not  utilized  a 
great  deal  of  the  committee's  time  in  asking  questions.  I  think  this 
is  pertinent  to  the  charges  that  have  been  made.  If  Private  Schine 
has  been  discriminated  against,  I  think  the  committee  should  know 
that.    That  is  the  reason  I  am  asking  the  questions. 

If  I  can  have  the  attention  of  the  committee  without  anv  further 
interruptions  I  would  like  to  have  the  captain  continue,  and  if  you 
tell  it  as  quickly  as  possible  I  would  appreciate  it. 

Senator  Jackson.  Might  I  also  mention  to  my  colleague  from  Mich- 
igan that  Mr.  Adams  testified  at  some  length  on  this  point  of  the 
granting  of  two  passes  on  the  Christmas  weekend  and  the  Near  Years 
weekend,  and  that  there  was  also  a  telegram  from  Mr.  Cohn  and  some 
conversation  about  it.  I  think  it  is  quite  material  to  this  case,  because 
it  has  been  gone  into  in  detail  previously. 

Mr.  Cohn.  Mr.  Chairman,  not  to  prolong  this,  but  on  a  previous 
point  of  order  as  to  relevancy,  in  response  to  what  Senator  Jackson 
says,  if  Captain  Miller  had  any  contact  whatsoever  with  me,  with  Mr. 
Carr,  with  Senator  McCarthy,  or  any  member  of  our  staff,  and  if  the 
captain  thinks  we  ever  asked  him  for  any  kind  of  preferential  treat- 
ment or  anything  else,  we  want  him  to  tell  the  committee  about  it. 

Senator  Mundt.  I  presume  Senator  Potter  is  heading  to  that. 

Go  ahead,  Senator. 

Senator  Potter.  No;  I  am  not.  I  am  going  to  the  part  where  you 
claimed  that,  rather  than  receiving  preferential  treatment,  Pri- 
vate Schine  was  discriminated  against.  I  want  to  find  out  whether 
he  was  discriminated  against  in  this  particular  case  in  being  given  a 
low  character  rating  when  at  the  same  time  he  has  a  high  efficiency 
rating  as  a  soldier,  which  is  a  little  inconsistent. 

Mr.  Cohn.  We  are  not  going  to  take  the  time  of  the  committee  to 
find  out  whether  the  efficiency  rating  or  the  character  rating  is  too  high 
or  too  low. 

Senator  Symington.  I  suggest  that  the  gratuitous  remarks  with 
respect  to  this  witness'  testimony  be  eliminated  and  that  the  witness 
be  allowed  to  tell  his  story  as  other  people  have  been  allowed  to  tell 
their  story,  and  to  go  ahead  with  the  testimony  in  this  case. 

Senator  Mundt.  The  Chair  was  endeavoring  to  let  Senator  Potter 
continue. 

Go  ahead,  Senator. 


SPECIAL   INVESTIGATION  1493 

Senator  Potter.  Captain,  I  haven't  the  slightest  idea  where  you 
left  off,  but  if  you  can  tie  it  together  as  quickly  as  possible,  I  would 
appreciate  it. 

Captain  Miller.  After  speaking  to  Lieutenant  Blount  on  the  morn- 
ing of  December  31,  when  Lieutenant  Blount  informed  me  that  a  pass 
was  not  authorized  for  Private  Schine,  I  tried  to  locate  Private  Schine, 
as  I  previously  testified.  I  could  not  locate  Private  Schine.  He  was 
nowhere  in  the  company  area,  where  he  was  supposed  to  be.  As  is 
usual  when  someone  is  not  in  the  places  he  is  supposed  to  be,  I  had  a 
search  conducted  for  Private  Schine  in  all  the  buildings  in  the  com- 
pany area. 

When  I  could  not  locate  Private  Schine,  I  sent  someone  to  the  tele- 
phone exchange,  where  Private  Schine  would  be  most  likely  to  be  if 
he  were  not  in  the  company  area.  Private  Schine  was  not  in  the 
telephone  exchange. 

I  therefore  determined  that  Private  Schine  was  at  least  absent 
without  leave  from  the  company  area  without  permission. 

It  was  then  suggested  to  me  by  one  of  the  persons  present  in  the 
orderly  room  that  I  check  the  sign-out  book.  I  then  did  so.  It  was 
10 :  45  in  the  morning,  and  Private  Schine  had  signed  out  on  pass 
to  New  York  City  as  of  11 :  30  that  morning. 

Senator  Potter.  Without  permission  ? 

Captain  Miller.  Without  permission  from  me,  without  authority 
having  been  communicated  to  me  through  channels,  and  without  my 
having  passed  such  authority  on  to  Private  Schine. 

Senator  Potter.  When  did  he  return? 

Captain  Miller.  Private  Schine  returned  on  Monday  morning. 

Senator  Potter.  What  action  was  taken  by  you  ? 

Captain  Miller.  Excuse  me,  sir.  He  returned  at  midnight  on 
Sunday. 

Senator  Potter.  What  action  was  taken  by  you  ?  What  action  was 
taken  by  you  in  that  case  ? 

Captain  Miller.  I  reported  this  matter  to  my  superior  officer,  sir. 

Senator  Potter.  What  was  done  about  it  ? 

Captain  Miller.  I  reported  the  incident  to  regimental  head- 
quarters, and  the  incident  was  thereupon  reported  to  General  Ryan 
through  his  aide,  and  further  in  the  afternoon  about  3  o'clock  I  am 
told  a  telephone  call  was  received  from  Mr.  Cohn  requesting  that 
Private  Schine  be  left  at  home,  that  he  was  engaged  in  committee 
business  and  would  be  working  throughout  the  Aveekend.  Therefore, 
Private  Schine  did  not  return  until  Monday  morning. 

Senator  Potter.  Was  this  in  violation  of  the  instructions  that  you 
had  received  before  that  orders  were  to  come  down  from  the  top  in 
order  for  him  to  be  excused  for  committee  business  ? 

>  Captain  Miller.  Of  course,  sir,  if  the  commanding  general  de- 
cided to  give  Private  Schine  authority  to  be  absent  for  that  weekend 
because  a  request  had  been  made  to  him  by  a  member  of  the  committee, 
it  obviously  made  it  possible  for  Private  Schine  to  be  home  without 
my  authority. 

Senator  Mundt.  Your  time  has  expired,  Senator. 

Senator  Jackson. 

Senator  Jackson.  As  I  understand,  Captain  Miller,  when  a  pass 
was  granted  through  higher  authority  to  Private  Schine,  specific 
procedures  had  been  worked  out  wherein  you  were  to  be  notified  of 


1494  SPECIAL   INVESTIGATION 

such  passes  that  were  not  within  the  normal  allotment  of  the  trainees 
in  his  company. 

Captain  Miller.  Yes,  sir ;  that  is  correct. 

Senator  Jackson.  Is  that  correct? 

Captain  Miller.  That  is  correct,  sir. 

Senator  Jackson.  In  this  situation  which  you  are  referring  to  in 
connection  with  the  question  put  to  you  by  Senator  Potter,  do  1  under- 
stand that  those  procedures  were  violated  ? 

Captain  Miller.  Yes,  sir ;  they  were. 

Senator  Jackson.  Will  you  state  specifically  wherein  they  were 
violated  ? 

Captain  Miller.  Private  Schine  left  without  having  gotten  author- 
ity from  me.  He  left  the  company  area  without  authority.  He  signed 
out  at  11 :  30  while  he  had  left  some  time  prior  to  10 :  45. 

Senator  Jackson.  How  long  had  it  been  since  you  advised  him  of 
those  procedures  ? 

Captain  Miller.  I  advised  Private  Schine  of  those  procedures  on 
the  first  day  he  was  in  the  company,  and  in  my  previous  testimony  I 
reiterated  to  Private  Schine  before  the  Christmas  holiday  that  author- 
ity for  passes  on  both  weekends  had  to  be  communicated  to  me  through 
channels  before  Private  Schine  was  to  go. 

Senator  Jackson.  If  I  understand  it,  when  this  occurred  you  re- 
ported it  to  your  regimental  commander  or  battalion  commander. 

Captain  Miller.  Regimental  commander,  sir. 

Senator  Jackson.  Regimental  commander.  And  no  courts-martial 
proceedings  were  instituted,  initiated,  or  commenced? 

Captain  Miller.  No,  sir. 

Senator  Jackson.  You  mentioned  something  about  the  attitude 
created  in  the  company  in  response  to  a  question  by  Senator  Potter. 
What  attitude  did  he  create  in  the  company? 

Captain  Miller.  On  the  day  after  the  Thanksgiving  pass  I  was  get- 
ting a  haircut  at  the  regimental  barbershop,  and  the  barber  reported 
to  me  that  the  privates  in  my  company  had  been  discussing  Private 
Schine's  frequent  passes  and  the  fact  that  they  resented  them.  I  felt 
that  was  a  significant  indication  of  the  way  the  trainees  felt. 

At  various  other  times  the  cadre  complained  to  myself  or  to  the 
executive  officer  about  Private  Schine's  frequent  passes.  However,  I 
didn't  consider  this  of  too  great  importance  because  Private  Schine 
was  being  made  available  for  committee  work,  and  I  certainly  was 
not  a  judge  of  Privato  Schine's  necessity  for  this  work.  So  therefore 
we  felt  that,  although  this  resentment  did  exist,  Private  Schine  was 
being  made  available  for  important  committee  work  and  the  passes 
were  justified. 

Senator  Jackson.  I  understand  from  your  testimony  that  Private 
Schine  made  a  good  soldier  insofar  as  carrying  out  the  training  as- 
signments given  to  him.  In  other  words,  I  assume  he  qualified  as  an 
expert  marksman  with  the  M-l. 

Captain  Miller.  Yes,  sir ;  not  an  expert  but  very  close  to  expert,  a 
very  high  score  for  that  week  of  firing. 

Senator  Jackson.  In  any  event,  I  mean  as  far  as  carrying  out  the 
training  part  of  the  specific. training  assignments,  he  performed  very 
well  ? 


SPECIAL    INVESTIGATION  1495 

Captain  Miller.  Yes,  sir,  under  the  circumstances  of  his  being 
absent  in  the  evening  for  committee  meetings  and  doing  extra  work, 
he  performed  admirably. 

Senator  Jackson.  But  the  main  difficulty,  then,  that  you  found  with 
Private  Schine  was  his  attitude  toward  you  and  the  officers  and  to- 
ward his  fellow  trainees  in  general?  Or  how  would  you  sumarize 
that? 

Captain  Miller.  Yes,  sir,  that  is  the  way  I  would  summarize  it. 
For  instance,  on  the  30th  of  November,  Lieutenant  Gabryelski,  my 
executive  officer,  was  paying  Private  Schine  and  broached  to  Private 
Schine  the  morale  factor  connected  with  Private  Schine's  passes,  and 
Private  Schine  said  that  his  work  was  much  more  important  than  the 
morale  of  the  company,  and  I  felt  that  in  passing  this  remark  to 
Lieutenant  Gabryelski,  the  thing  got  so  disturbing  in  the  company 
that  I  felt  it  was  an  unwise  statement. 

Again,  on  the  4th  of  January,  when  he  was  speaking  with  my  unit 
administrator,  the  unit  administrator  again  mentioned  the  morale 
factor  in  the  company  engendered  by  Private  Schine's  activities, 
and  the  unit  administrator  mentioned  the  number  of  250  men  in  the 
company,  and  Private  Schine  said  that  he  wasn't  worried  about  the 
morale  of  250  men,  he  was  worried  about  the  morale  of  160  million 
people. 

That  sort  of  comment  I  didn't  consider  in  good  taste. 

Senator  Jackson.  Captain,  did  you  or  your  platoon  sergeant  in 
his  platoon  or  the  platoon  leader,  the  lieutenant,  or  your  executive 
officer,  other  than  what  you  just  mentioned,  receive  any  complaints 
about  his  attitude  and  any  complaints  about  morale  in  the  company 
as  a  result  of  his  being  there  ? 

Captain  Miller.  I  feel  under  the  circumstances,  morale  was  not 
affected  to  any  great  degree,  because  I  had  only  one  a.  w.  o.  1.  during 
the  entire  training  cycle.  I  had  no  complaints  at  all  to  the  regimental 
chaplains  concerning  anything  that  went  on  in  the  company,  and  I 
consider  that  an  indication  of  morale. 

Senator  Jackson.  You  heard  the  testimony  yesterday  of  Lieutenant 
Blount.     Were  you  here  yesterday? 

Captain  Miller.  Yes,  sir;  I  was. 

Senator  Jackson.  To  what  do  you  attribute  Mr.  Cohn's  alleged 
remarks  to  Lieutenant  Blount  which  Lieutenant  Blount  testified  to, 
by  telephone,  that  you  had  not  treated  Schine  as  he  felt  he  should 
be  and  that  he  was  not  going  to  forget  your  name?  What  do  you 
attribute  that  alleged  remark — I  say  "alleged"  because  it  has  only 
been  testified  to  by  Lieutenant  Blount  in  connection  with  a  telephone 
conversation  that  he  received  from  Roy  Cohn  ? 

Captain  Miller.  Sir,  I  could  not  say. 

Senator  Jackson.  Was  anything  done  to  carry  that  out  that  you 
know  of? 

Captain  Miller.  WTould  you  specify,  sir? 

Senator  Jackson.  Well,  I  mean  did  you  hear  the  testimony  yester- 
day in  which  Lieutenant  Blount  testified  that  Mr.  Cohn  had  indi- 
cated that  he  would  not  forget  your  name,  and,  I  believe,  Colonel 
Eingler.  I  assume  he  is  your  regimental  commander.  Maybe  there 
was  some  other  name. 

Captain  Miller.  I  see  no  connection  with  the  statement. 


1496  SPECIAL    INVESTIGATION 

Senator  Jackson.  With  the  telephone  conversation?  Nothing  has 
happened?  Nothing  happened  after  that  alleged  conversation  as 
far  as  vou  are  concerned? 

Captain  Miller.  No,  sir. 

Mr.  Cohn.  He  was  promoted,  Senator  Jackson. 

Senator  Jackson.  I  was  just  going  to  say,  he  is  now  a  captain. 

Captain  Miller.  I  don't  consider  that  significant.  It  is  another 
example  of  a  gratuitous  remark  which  doesn't  apply  to  the  matter 
here. 

Senator  Jackson.  I  didn't  make  the  remark,  Captain. 

Lieutenant  Meissner.  I  think  in  all  fairness  we  should  point  out 
that  the  whole  division  was  promoted  from  the  9th  Division  to  the 
69th. 

Senator  Jackson.  Captain,  I  think  it  is  fair  to  say  one  who  com- 
mands a  company,  under  the  table  of  organization,  rates  the  rank  of 
a  captain.     Is  that  correct  ? 

Captain  Miller.  Yes,  sir. 

Senator  Jackson.  And  you  were  actually  doing  a  captain's  job  as 
a  first  lieutenant  for  a  while?     Correct? 

Captain  Miller.  Yes,  sir ;  that  is  correct,  sir. 

Senator  Jackson.  When  did  you  enter  the  Army  ? 

Captain  Miller.  I  entered  the  Army  first  on  March  15,  1943,  sir. 

Senator  Jackson.  You  have  been  in  continuously  since  then? 

Captain  Miller.  No,  sir,  I  have  not.  I  had  a  period  in  civilian 
life,  pursuing  my  education  at  the  University  of  Pennsylvania.  I  was 
recalled  to  active  duty  for  the  Korean  war,  before  completing  my 
work  for  a  degree. 

Senator  Jackson.  You  served  in  Korea? 

Captain  Miller.  Yes,  sir. 

Senator  Jackson.  And  in  World  War  II  ? 

Captain  Miller.  In  World  War  II,  in  Europe,  sir. 

Senator  Jackson.  Were  you  a  platoon  leader  ? 

Captain  Miller.  In  World  War  II,  I  was  a  combat  medic.  In 
Korea,  I  was  a  platoon  leader  in  the  9th  Infantry  Kegiment. 

Senator  Jackson.  That  is  all. 

Senator  Mundt.  Senator  Dworshak? 

Senator  McCarthy.  Mr.  Chairman,  before  Senator  Dworshak  com- 
mences, I  would  like  to  make  a  request  of  the  members  of  this  com- 
mittee, not  as  members  of  this  subcommittee  but  as  members  of  the 
full  committee.  I  have  just  been  talking  to  Senator  Knowland  and 
he  tells  me  that  he  would  like  for  use  to  get  all  of  the  administration 
bills  out  of  our  committee  so  they  can  go  on  the  floor  and  be  disposed 
of  before  the  final  rush  of  work.  It  will  be  impossible,  I  am  afraid, 
to  do  that  if  we  wait  until  these  hearings  are  over. 

Therefore,  I  am  calling  a  meeting  of  the  full  committee  at  5 :  30 
this  afternoon  to  discuss  especially  the  administration  bills,  plus  the 
three  citations  of  people  with  Communist  backgrounds  to  be  voted 
in  contempt  by  the  subcommittee. 

I  know  that  is  an  imposition  upon  the  members  of  this  subcom- 
mittee, as  they  work  all  daj.  But  I  think  at  the  rate  we  are  going, 
unless  we  hold  evening  meetings  of  the  full  committee,  we  never  can 
get  the  important  legislation  on  the  floor.    I  do  hope  the  members  of 


SPECIAL   INVESTIGATION  1497 

this  committee  can  be  present  at  5 :  30  to  attend  the  meeting  of  the  full 
committee.    I  hope  it  won't  last  any  more  than  2  hours  at  the  most. 

Senator  Mundt.  Senator  Dworshak? 

Senator  Dworshak.  Mr.  Chairman,  I  somewhat  regret  that  Sena- 
tor McCarthy  took  the  floor  away  from  me,  because  I  was  ready  to 
make  an  appeal  to  you  as  chairman  to  confer  with  the  counsel  of  all 
interested  parties  to  see  if  it  is  not  possible  to  expedite  these  hearings. 
As  I  say,  this  is  the  21st  day.  We  are  dragging  along  without  making 
much  progress.  There  are  5  senators  tied  up  at  this  hearing,  4  mem- 
bers of  the  committee,  and  Senator  McCarthy,  who  should  be  working 
many  hours  every  day  and  attending  meetings  of  the  Appropriations 
Committee  and  the  subcommittee. 

Some  of  our  subcommittees  are  marking  up,  drafting  vital  and 
very  important  legislation.  This  morning  the  full  Committee  on 
Appropriations  is  considering  a  very  important  bill.  Here  we  are 
diverted  from  our  regular  duties.  Soon  we  will  be  holding  hearings 
of  the  full  committee  on  foreign  spending,  and  to  consider  the  mili- 
tary budget  for  the  coming  fiscal  year.  It  seems  to  me  that  the  Ameri- 
can people  have  reached  the  point  where  they  realize  we  cannot 
justify  devoting  days  and  weeks  and  weeks  to  such  a  hearing  as  this 
which  certainly  does  not  match  in  importance  the  vital  work  of  our 
Appropriations  Committee  and  the  other  work  of  the  Senate. 

Likewise,  I  think  we  ought  to  try  to  release  the  officials  of  the 
Department  of  the  Army  so  they  can  get  back  to  work.  We  have 
important  business  to  transact  today.  I  think  it  behooves  the  mem- 
bers of  this  subcommittee  and  the  chairman  and  the  counsel  to  make 
a  sincere  and  diligent  effort  to  set  a  target  date  for  terminating  these 
hearings. 

Senator  Mundt.  The  Chair  believes  we  have  been  doing  much  better 
expediting  the  hearings  without  talking  about  expediting  them. 

Senator  Dworshak.  Mr.  Chairman,  I  have  taken  very  little  time 
and  I  resent  any  charge  about  taking  time  to  talk  about  expediting 
these  hearings.  Day  after  day  I  have  refrained  from  taking  up  the 
time  of  witnesses  because  it  seems  to  me  we  are  dealing  with  a  lot  of 
inconsequential  things  in  calling  in  witnesses  whose  testimony  doesn't 
seem  to  have  much  bearing  on  the  determination  of  the  dispute  which 
this  committee  is  charged  to  adjudicate. 

Senator  Mundt.  The  Chair  assures  his  friend  from  Idaho  he  is 
making  no  charges  of  any  kind,  he  is  simply  reporting.  We  spent  1 
whole  day  talking  about  expediting  the  hearings  and  got  no  place. 

Senator  Dworshak.  I  didn't  take  the  whole  day. 

Senator  Mundt.  Very  well.  I  am  simply  pointing  it  out.  We  are 
making  headway.  Mr.  Welch  has  asked  that  this  young  man  be 
called.  He  has  other  witnesses  and  as  soon  as  the  Army's  case  has 
been  presented,  we  will  go  to  the  other  side,  which  I  hope  will  be 
some  time  todav. 

Senator  Dworshak.  Are  we  going  to  take  21  days  on  the  other  side 
to  present  this  case,  Mr.  Chairman  ? 

Senator  Mundt.  I  am  not  a  prophet,  I  cannot  tell. 

Senator  McCarthy.  Mr.  Chairman,  may  I  just  say  that  I  agree 
with  Senator  Dworshak  wholeheartedly.  I  think  he  has  taken  less 
time,  has  done  as  much  as  any  man  here  to  try  to  get  this  show  off  the 
road,  and  I  want  to  compliment  him  for  that. 


1498  SPECIAL   INVESTIGATION 

Senator  Mundt.  Any  questions,  Senator  Dworshak,  or  further 
comments  ? 

Senator  Dworshak.  No. 

Senator  Mundt.  Very  well. 

Senator  Symington  ? 

Senator  Symington.  Mr.  Chairman,  with  respect  to  the  delays,  I 
would  like  respectfully  to  point  out  to  my  friend,  the  distinguished 
Senator  from  Idaho,  that  he  voted  to  delay  the  hearings  for  a  week, 
and  all  the  Democrats  voted  to  keep  the  hearings  going. 

Senator  Dworshak.  Mr.  Chairman. 

Will  the  Senator  vield  ? 

Senator  Symington.  I  will  always  be  glad  to  yield. 

Senator  Dworshak.  During  that  week  the  members  of  the  subcom- 
mittee devoted  their  efforts  to  the  transaction  of  very  important 
business. 

Senator  Symington.  May  I  ask  the  Senator  if  his  impression  is  that 
we  should  recess  the  hearings  until  the  appropriations  bills  are  over 
and  then  start? 

Senator  Dworshak.  I  would  suggest  that  we  postpone  the  hearings 
until  after  the  Congress  adjourns,  and  then  the  subcommittee  can 
remain  here  and  continue  the  hearings. 

Senator  Mundt.  The  Chair  again  believes  if  his  colleagues  will  ask 
questions  of  the  witnesses  instead  of  commenting  about  expediting 
the  hearings,  we  will  expedite  them  more  quickly. 

Senator  Symington.  I  appreciate  the  fact  that  the  chairman  would 
like  to  get  the  hearings  going.  I  have  10  minutes.  I  respectfully 
would  like  to  say  the  Chair  also  voted  to  postpone  the  hearings  over 
10,000  minutes  a  few  days  ago.  Therefore,  I  would  like  to  ask  my 
colleague  from  Idaho  if  he  thinks  it  is  fair  to  spend  21  days  hearing 
one  side  of  the  case  and  then  recess  or  rush  through  the  other  side? 

Senator  Dworshak.  Certainly  I  do  not.  That  is  why  I  am  trying 
to  get 


Senator  Mundt.  This  is  no  place  for  a  political  debate.  Let's  ask 
questions  of  the  witnesses  and  have  our  political  debate  on  the  floor 
of  the  Senate  or  on  the  radio  when  we  pay  for  our  own  time. 

Senator  Symington,  please  direct  your  questions  to  the  witness. 

Senator  Symington.  I  would  respectfully  ask  the  Chair  how  much 
more  of  my  10  minutes  he  would  like  to  have,  because  I  would  be  glad 
to  yield  them  to  him. 

Senator  Mundt.  Take  it  all  if  it  is  available.  We  will  go  to  the 
next  witness. 

Senator  Symington.  I  am  glad  we  have  the  chairman  back  in  the 
merry  mood  that  we  all  like. 

I  would  like  to  ask  the  witness,  did  you  say  that  Private  Schine  was 
a.  w.  o.  1.,  on  New  Year's  Eve,  Captain  Miller  ? 

Captain  Miller.  Yes,  sir ;  I  did. 

Senator  Symington.  To  whom  did  you  report  it  ? 

Captain  Miller.  To  the  adjutant,  who  reported  it  to  the  regimental 
commander. 

Senator  Symington.  To  whom? 

Captain  Miller.  To  the  regimental  commander,  sir. 

Senator  Symington.  I  am  sorry.  Senator  McClellan  was  coughing. 
I  didn't  hear  your  answer. 


SPECIAL    INVESTIGATION  1499 

Captain  Miller.  I  telephoned  the  adjutant  of  the  regiment,  who 
reported  it  to  the  regimental  commander,  sir. 

Senator  Symington.  Who  is  he? 

Captain  Miller.  Col.  Earl  L.  Riugler,  sir. 

Senator  Symington.  What  did  he  do  about  it  ? 

Captain  Miller.  He  caused  a  report  to  be  made  to  General  Ryan, 
sir. 

Senator  Symington.  What  did  General  Ryan  do  about  it? 

Captain  Miller.  General  Ryan  stated  that  Private  Schine  was 
to  be  left  home,  and  that  there  was  a  possibility  of  a  misunderstanding 
which  might  be  adjudicated  on  Monday  morning;  that  if  a  member 
of  the  committee  called  for  Private  Schine  for  committee  business, 
he  would  be  placed  on  pass  and  made  available  for  that  work. 

Senator  Symington.  You  say  no  member  of  this  committee  staff  got 
in  touch  with  you.  Did  you  know  that  they  had  gotten  in  touch  with 
your  higher  authority  at  Camp  Dix  at  any  time  ? 

Captain  Miller.  I  found  this  out  subsequently,  sir. 

Senator  Symington.  Subsequently  to  what? 

Captain  Miller.  To  the  weekend,  sir. 

Senator  Symington.  While  Private  Schine  was  on  the  base  or 
afterward  ? 

Captain  Miller.  Afterwards,  sir. 

Senator  Symington.  I  would  like  to  ask  this  question :  What  effect 
did  these  passes  have,  excess  passes  as  against  average,  on  the  morale 
of  the  platoon  or  the  company  that  you  were  in  charge  of? 

Captain  Miller.  As  I  stated,  the  statistical  indications  were  that 
there  were  no  material  effects  on  the  morale.  There  was  some  re- 
sentment by  the  trainees,  because  I  was  a  private  myself  for  a  couple 
of  years,  and  anything  anyone  else  gets  that  I  don't  get  as  a  private, 
I  resent.  There  was  this  resentment,  and  it  got  to  me  through  rumor 
and  through  report. 

Senator  Symington.  Were  most  of  the  people  in  your  company 
inductees  ? 

Captain  Miller.  The  trainees  are  all  inductees.  They  are  all  new 
civilian  soldiers. 

Senator  Symington.  What  is  the  average  age? 

Captain  Miller.  The  average  is  about  19  now,  sir. 

Senator  Symington.  Inasmuch  as  Private  Schine  was  considerably 
older  than  the  others,  wouldn't  that  normally  put  him  in  a  position 
of  leadership  with  respect  to  the  company  ? 

Captain  Miller.  Yes,  sir;  I  would  expect  him  to  use  great  care 
and  judgment  in  the  handling  of  his  personal  relationships  with  the 
other  trainees. 

Senator  Symington.  Wouldn't  that  maybe  justify  some  of  the 
things  which  he  did  which  you  felt  were  out  of  order  or  improper 
which  you  have  mentioned? 

Captain  Miller.  In  what  way,  sir? 

Senator  Symington.  Didn't  the  younger  men  look  up  to  him  for 
leadership  ? 

Captain  Miller.  No,  sir;  I  don't  believe  that  that  was  the  case. 
Private  Schine  was  not  a  squad  leader. 

Senator  Symington.  No  further  questions,  Mr.  Chairman. 

Senator  Mundt.  Senator  Dirksen,  you  were  not  here  when  your 
turn  came.     Do  you  have  any  questions  ? 


1500  SPECIAL    INVESTIGATION 

Senator  Dirksen.  I  have  only  one  question. 

Captain,  how  do  you  measure  the  morale  statistically  ? 

Captain  Miller.  I  take  some  indication  from  the  a.  w.  o.  1.  rate, 
which  among  new  civilian  soldiers  is  inclined  to  be  higher  than  is 
normally  considered  to  be  average  for  finished  soldiers,  Regular  Army 
soldiers,  and  soldiers  on  duty  elsewhere  than  in  a  training  center. 
The  training  in  basic  training  is  quite  arduous  and  the  soldier  is  most 
likely  to  break  down  during  those  first  few  weeks.  I  had  only  one 
a.  w.  o.  1.  during  that  cycle,  and  that  a.  w.  o.  1.  with  a  young  man  who 
had  been  a  juvenile  delinquent  and  had  spent  some  time  in  a  reform 
school.  It  was  knoAvn  in  the  platoon  that  he  wTas  a  man  who  was 
likely  to  go  a.  w.  o.  1.,  so  I  didn't  consider  that  indicative  of  negative 
morale. 

Senator  Dirksen.  So  statistically  you  could  discern  no  impact  on 
the  morale  of  your  company  ? 

Captain  Miller.  Yes,  sir.  In  addition,  especially  the  reports  which 
come  from  the  chaplain  are  indicative  of  the  morale.  The  men  are 
confidential  with  their  chaplains,  and  the  chaplains  in  turn  inform 
us  of  indications  of  poor  morale  in  our  company  so  we  can  take  cor- 
rective action. 

Senator  Dirksen.  That  is  all. 

Senator  Mundt.  Mr.  Welch.     No,  I  guess  it  is  Mr.  Meissner. 

Lieutenant  Meissner.  That  is  right,  sir. 

Senator  Mundt.  Under  rules  of  procedure,  Mr.  Meissner  you  have 
10  minutes  in  wdiich  you  can  interrogate  your  witness  if  you  care 
to. 

Lieutenant  Meissner.  I  have  just  one  question,  sir. 

Senator  Mundt.  You  may  ask  it. 

Lieutenant  Meissner.  Just  to  clarify  one  point:  On  the  31st  of 
December,  Captain  Miller,  after  you  discovered  Private  Schine's  ab- 
sence, did  you  take  any  other  action  besides  reporting  it  to  higher 
authority  ? 

Captain  Miller.  I  caused  a  telegram  to  be  sent  which  is  the  nor- 
mal telegram  sent  to  anyone  who  has  gone  a.  w.  o.  1.  It  must  be  sent 
within  24  hours.  I  caused  it  to  be  dispatched  to  Private  Schine  di- 
recting him  to  return  to  his  duty  station. 

Lieutenant  Meissner.  That  is  all  I  have,  Mr.  Chairman. 

Senator  Mundt.  Mr.  Cohn  or  Senator  McCarthy. 

Mr.  Coiin.  Captain,  did  you  ever  meet  Senator  McCarthy,  Mr. 
Carr,  or  myself? 

Captain  Miller.  I  believe  I  previously  testified  that  I  had  not,  sir. 

Mr.  Cohn.  You  have  never  met  any  of  us ;  is  that  right,  sir  ? 

Captain  Miller.  No,  sir ;  I  have  not. 

Mr.  Cohn.  Has  any  one  of  us  ever  asked  you  for  preferential  treat- 
ment of  any  kind  for  Private  Schine? 

Captain  Miller.  No,  sir ;  you  have  not. 

Mr.  Cohn.  I  see.    I  have  no  further  questions. 

Senator  McCarthy.  I  have. 

Senator  Mundt.  Senator  McCarthy. 

Senator  McCarthy.  I  have  one  or  two.  May  I  say,  Captain,  as  I 
sat  here  for  the  last  hour  and  a  half,  first  I  might  say  I  was  thoroughly 
irritated  to  see  a  captain,  a  company  commander,  sitting  there  smear- 
ing a  private,  but  then  I  began  to  think  it  over  and  realized  that  you 
must  know  wdiat  happens  to  even  a  general  who  comes  in  and  gives  us 


SPECIAL   INVESTIGATION  1501 

all  the  facts  and  cooperates  like  Lawton,  a  threat  to  make  him,  an  order 
now  that  he  can't  testify.    I  would  like  to  ask  yon  a  few  questions. 

You  said  that  Mr.  Schine  was  a,  w.  o.  1.  On  page  3423  of  General 
Ryan's  testimony 

Senator  Mundt.  Time  out  while  they  are  getting  the  record. 

Captain  Miller.  What  is  the  reference,  sir? 

Senator  McCarthy.  Ryan  is  testifying  as  to  a  conversation  with 
yon ;  is  that  correct  ?     Look  toward  the  bottom  of  the  page. 

Captain  Miller.  Yes,  sir.    I  have  located  the  question. 

Senator  McCarthy.  Quoting  Ryan,  he  said,  "I  asked,"  meaning 
he  asked  you;  is  that  correct? 

He  is  referring  to  what  he  asked  you ;  is  that  correct? 

Captain  Miller.  I  believe  your  question — I  don't  see  the  reference 
in  the  testimony. 

Senator  McCarthy.  Let  me  quote  the  whole  passage.  He  says, 
"I  asked  whether  or  not  Private  Schine  had  a  pass,  a  written  pass, 
and  he  said,  'Yes,  Private  Schine  had  a  pass.'  " 

I  have  been  in  the  military  awhile  myself,  and  I  thought  when  a 
private  got  a  pass,  in  conformity  with  that  pass  he  could  not  be 
a.  w.  o,  1.    Let  me  ask  you  the  question,  Did  Schine  have  a  pass? 

Lieutenant  Meissner.  Senator,  I  believe  that 

Senator  McCarthy.  I  am  asking  the  question  of  the  witness. 

Senator  Mundt.  The  captain  is  asked  the  question.  You  may  ad- 
vise the  captain  if  you  care  to. 

Lieutenant  Meissner.  Mr.  Chairman,  I  believe  that  question  was 
asked  of  Lieutenant  Blount  and  not  Captain  Miller.  The  captain  can 
explain  that,  but  I  just  want  to  point  that  out. 

Senator  Mundt.  Captain,  you  may  answer  whether  the  question 
was  asked  you  or  whether  it  was  asked  Lieutenant  Blount. 

Captain  Miller.  I  can  handle  the  question,  all  right. 

Senator  McCarthy.  May  I  get  this  straight.  This  was  General 
Ryan  testifying.    If  the  young  man — what  is  your  name,  again  ? 

Lieutenant  Meissner.  Lieutenant  Meissner,  sir. 

Senator  McCarthy.  Lieutenant,  if  you  will  refer  to  page  3423,  you 
will  find  it  was  not  Lieutenant  Blount  testifying,  but  General  Ryan. 

Lieutenant  Meissner.  I  didn't  say  that  Lieutenant  Blount  was 
testifying.  I  merely  stated  that  General  Ryan  was  discussing  a  con- 
versation he  had  with  Lieutenant  Blount  and  not  with  Lieutenant 
Miller. 

Senator  McCarthy.  I  beg  your  pardon.  I  think  you  are  right. 
Let's  revise  that,  Captain.  Ryan  was  apparently  talking  about  a  con- 
versation he  had  with  Blount.    Who  is  Blount  ? 

Captain  Miller.  He  is  General  Ryan's  aide,  sir.  He  testified  yes- 
terday. 

Senator  McCarthy.  And  this  was  following  a  conversation  which 
Blount  had  with  you,  is  that  correct  ? 

Captain  Miller.  That  is  correct,  sir. 

Senator  McCarthy.  So  that  Ryan  was  asking  Blount  about  a  con- 
versation which  he  had  with  you,  and  when  we  find  this  testimony, 
"Yes,  Schine  had  a  pass,"  is  that  correct,  just  yes  or  no? 

Captain  Miller.  I  will  answer  the  question  yes,  and  then  I  will 
qualify  it,  sir. 

Senator  McCarthy.  Don't  make  the  speech  too  long,  will  you  ? 


1502  SPECIAL   INVESTIGATION 

Senator  Mundt.  You  may  qualify  it. 

Captain  Miller.  The  question  was  quite  long,  sir.  I  will  qualify 
the  answer  if  I  may.  Private  Schine  did  have  a  pass  form  in  his 
possession,  a  pass  form,  that  was  granted  to  him  on  the  first  day  he  was 
in  the  company.  I  stated  to  Private  Schine  at  that  time  that  the  pass 
form  was  for  the  purpose  of  proving  to  people  off  post  that  he  was 
legally  on  pass  and  it  was  not  in  itself  authority  to  be  absent.  I  stated 
to  Private  Schine  that  this  authority  would  come  from  higher  head- 
quarters, and  this  authority  had  not  come.  The  pass  was  not  anything 
other  than  a  piece  of  paper  in  his  possession. 

Senator  McCarthy.  Incidentally,  if  I  heard  your  testimony  cor- 
rectly as  I  was  reading  some  material  here,  you  said  that  you  became 
angry  when  you  were  talking  to  Private  Schine  and  he  asked  you  to 
lower  your  voice.  Can  we  now  agree  that  Mr.  Colin  does  not  have  a 
monopoly  upon  getting  angry,  that  even  some  people  in  the  Army  get 
angry  also  ? 

Captain  Miller.  That  is  correct  entirely,  sir. 

Senator  McCarthy.  Just  one  other  question,  Lieutenant,  or  Cap- 
tain. General  Ryan,  I  believe,  testified  that  there  was  an  Inspector 
General's  investigation  of  Private  Schine's  activities  as  a  result  of 
charges  made  by  the  New  York  Post.  I  assume  you  are  aware  of  that 
IG  investigation? 

Captain  Miller.  I  am,  sir. 

Senator  McCarthy.  Now,  the  New  York  Post  had  men  down  at 
Fort  Dix  interviewing  military  personnel,  is  that  right  ? 

Captain  Miller.  I  can't  testify  to  that,  sir. 

Senator  McCarthy.  Did  any  of  them  interview  you  ? 

Captain  Miller.  No,  sir.  I  refused  all  interviews  because  the  mat- 
ter was  under  investigation  by  the  Inspector  General  and  I  didn't 
feel  that  it  was  my  place  to  testify  on  it. 

Senator  McCarthy.  Let's  get  the  sequence  straight.  You  said  you 
refused  all  interviews  because  the  matter  was  under  investigation? 

Captain  Miller.  I  did. 

Senator  McCarthy.  And  General  Ryan  said  the  Inspector  Gener- 
al's investigation  was  the  result  of  charges  made  by  the  New  York  Post. 
Their  stories  showed  they  had  men  down  at  Fort  Dix  interviewing — 
Lieutenant,  wait  until  I  get  through  asking  the  question — interview- 
ing people  on  your  post.  The  question  is,  Did  anyone  from  the  New 
York  Post  talk  to  you  ? 

Captain  Miller.  No  one  from  the  New  York  Post  talked  to  me. 

Senator  McCarthy.  Did  they  talk  to  people  in  your  command? 

Captain  Miller.  Yes ;  they  did.     Unfortunately,  I  was  on  leave. 

Senator  McCarthy.  Who  authorized  that  particular  activity  on  the 
part  of  the  New  York  Post  ? 

Captain  Miller.  I  cannot  say,  sir. 

Senator  McCarthy.  Are  you  aware  of  the  fact  that  the  man  who  is 
now  the  editor  of  the  New  York  Post  has  admitted  under  oath  that  he 
was  a  top  official  in  the  Communist  Party  ?     Are  you  aware  of  that  ? 

Captain  Miller.  I  know  of  no  such  incident,  sir. 

Senator  McCarthy.  Do  you  know  that  Mr.  Wechsler,  James 
Wechsler  who  is  now  the  editor  of  the  New  York  Post,  the  paper  that 
sent  investigators  down  to  your  company  apparently  had  a  free  run, 
that  he  has  admitted  under  oath,  No.  1,  that  he  was  on  the  national 


SPECIAL    INVESTIGATION  1503 

committee  of  Young  Communist  League,  that  he  organized  tours  to 
Moscow?  Do  you  know  that  that  is  the  man  whose  reporters  came 
clown  to  Fort  Dix  and  their  activities  resulted  in  the  Inspector  General 
spending  a  vast  amount  of  time  investigating  Private  Schine  ? 

Lieutenant  Meissner.  Mr.  Chairman,  the  witness  has  stated  that  he 
was  not  present  at  Fort  Dix  when  the  New  York  Post  people  came 
down  there.  So  I  don't  see  how  it  would  be  material  whether  he  knew 
of  the  background  of  anybody  of  the  New  York  Post. 

Senator  Mundt.  I  think  that  is  correct.  He  said  he  was  on  leave. 
I  understand  you  were  not  at  Fort  Dix  at  the  time. 

Captain  Miller.  Further,  all  the  material  presented  by  McCarthy 
is  not  an  item  of  which  I  would  have  personal  knowledge. 

Senator  McCarthy.  When  was  your  leave,  Captain  ? 

Captain  Miller.  My  leave  commenced  about  the  18th  of  January 
and  continued  through  the  week,  I  believe,  sir. 

Senator  McCarthy.  For  1  week  ? 

Captain  Miller.  It  is  a  conjecture  at  this  time.  I  don't  know  the 
exact  date,  sir.     It  is  about  that  week. 

Senator  McCarthy.  From  the  18th  to  the  25th? 

Captain  Miller.  About  that,  sir. 

Senator  McCarthy.  I  have  apparently  the  first  article,  I  am  not 
sure  if  it  is  the  first  or  not,  from  the  New  York  Daily — from  the  New 
York  Post,  dated  January  29.  So  this  was  4  days  after  you  returned, 
Captain.  I  am  just  curious  to  know  how,  No.  1,  a  paper,  whose  editor 
has  been  one  of  the  top  officials  of  the  Communist  Party,  who  has  been 
attacking  the  FBI  consistently 

Senator  Symington.  Mr.  Chairman? 

Senator  McCarthy.  Let  me  finish  my  question. 

Senator  Mundt.  Senator  Symington  has  a  point  of  order. 

Senator  Symington.  Based  on  the  testimony  that  was  given  this 
committee  there  is  no  justification,  in  my  opinion,  for  stating  that  Mr. 
Wechsler  was  a  top  official  in  the  Communist  Party. 

Senator  McCarthy.  Mr.  Chairman,  could  I  have  the  understand- 
ing that  at  least  the  Senators  will  not  interrupt  me  half-way  through 
a  question?  If  Mr.  Symington  wants  to  act  as  defense  counsel  for 
Mr.  Wechsler  he  can  do  that  when  my  question  is  finished. 

Mr.  Wechsler  appeared  before  our  committee,  he  admitted  under 
cross-examination,  Mr.  Symington  knows  it,  that  he  was  on  the 
national  committee  of  the  Young  Communist  League,  that  he  organ- 
ized tours  which  went  to  Moscoav.  He  admitted  that  while  he  claims 
to  have  reformed,  that  he  never  went  to  the  FBI  to  give  them  any 
information,  except  to  complain,  sometime  in  1948,  about  an  investi- 
gation that  was  being  conducted  of  his  wife,  who  also  is  admittedly 
a  member  of  the  party  or  the  Young  Communist  League,  which  is  a 
part  of  the  party.  So  let's  get  the  facts  straight.  It  is  all  under  oath, 
all  a  matter  of  record.  I  would  like  if  the  Senator  from  Missouri 
will  allow  me  to  finish  my  question  before  he  raises  a  point  of  order. 

Will  the  reporter  read  my  question  where  I  was  when  I  was 
interrupted  ? 

(The  reporter  read  from  his  notes  as  requested.) 

Senator  McCarthy.  In  view  of  the  interruption,  I  will  start  the 
question  over.  As  I  started  to  say,  I  have  here,  Captain,  the  copy 
of  the  New  York  Post,  entitled  "The  Case  of  Private  Schine,"  head- 
lined across  the  top  of  it,  dated  January  29.    That  was  after  your 


1501  SPECIAL    INVESTIGATION 

leave  was  over,  I  understand,  and  when  you  were  at  Fort  Dix  in 
charge  of  the  company.    Is  that  correct  ? 

Captain  Miller.  That  is  correct,  sir. 

Senator  McCarthy.  Now,  Captain,  you  may  not  be  able  to  give  me 
this  information,  but  I  am  very  curious  to  get  your  comments  on  this, 
if  you  have  any.  We  have  General  Ryan  testifying  the  other  day  that 
the  Inspector  General's  investigation  was  a  result  of  articles  in  this 
particular  sheet.  We  have  the  testimony  of  the  editor  under  oath 
that  he  was  one  of  the  top  officials  of  the  Communist  Party,  namely 
that  he  was  on  the  national  committee  of  the  Young  Communist 
League.  We  have  his  testimony  to  the  effect  that  he  organized  tours  to 
go  to  Moscow  for  young  people.  His  paper  has  consistently  attacked 
the  head  of  the  FBI,  everyone  who  has  ever  dared  to  expose  Commu- 
nists. I  am  curious  to  know  how  this  paper,  above  all  others,  appar- 
ently, has  a  free  run  of  your  post,  and  how  it  is  so  powerful  that  they 
could  get  an  Inspector  General's  investigation  which  cost,  I  am  sure,  a 
considerable  amount  of  money.  Would  you  be  able  to  comment  on 
that? 

Senator  Mundt.  The  Senator's  time  has  expired,  but  the  captain 
may  answer  the  question. 

Captain  Miller.  I  would  like  to  answer  the  question,  sir,  if  I  may. 

(The  witness  conferred  with  his  counsel.) 

Captain  Miller.  I  have  no  personal  knowledge  of  the  articles  in 
the  New  York  Post.  They  were  reported  to  me.  I  never  read  them  to 
any  extent.  I  know  of  the  allegations  which  were  presented.  Some 
.of  them  were  critical  of  me.  The  New  York  Post  reporters  did  not 
come  to  my  company  by  my  direction,  if  any  came  there  at  all.  It  is 
a  custom  with  newsmen  on  reporting  to  a  post  to  go  to  the  public 
information  officer,  where  they  are  granted  or  denied  permission  to 
interview  people  on  the  post.  I  understand  that  on  one  occasion,  the 
occasion  on  which  I  was  absent,  permission  was  granted  for  newsmen 
to  visit  the  company  and  interview  members  of  the  company.  If  I 
were  present  I  would  not  have  given  them  any  information.  How- 
ever, they  did  interview  some  members  of  my  company. 

I  do  not  know  what  newspaper  they  represented,  and  I  know  nothing 
of  the  activities  of  Mr.  Wechsler. 

Senator  Mundt.  Counsel,  have  you  any  further  questions? 

Mr.  Maner.  I  believe  your  counsel  stated,  Captain  Miller,  that  the 
principal  item  on  which  Private  Schine's  character  rating  was  based 
was  the  New  Year's  incident;  is  that  correct? 

Captain  Miller.  Yes,  sir. 

Mr.  Maner.  And  do  you  endorse  that  ? 

Captain  Miller.  Yes,  sir ;  I  do. 

Mr.  Maner.  Was  any  disciplinary  action  taken  against  Private 
Schine  by  reason  of  that  incident? 

Captain  Miller.  At  the  time  of  the  incident,  Monday  morning 
Private  Schine  was  to  be  investigated  by  Captain  Patterson  of  the 
regiment.  The  order  stated  to  investigate  the  circumstances  sur- 
rounding the  absence- 


Mr.  Maner.  Please,  sir,  answer  my  question:  Was  any  disciplinary 
action  taken  against  Private  Schine  by  reason  of  that  incident? 

Captain  Miller.  No,  sir. 

Mr.  Maner.  Does  his  service  record  show  that  he  was  absent  with- 
out leave  on  that  occasion  ? 


SPECIAL    INVESTIGATION  1505 

Captain  Miller.  No,  sir;  it  does  not. 

Mr.  Maner.  No  further  questions. 

Senator  Mundt.  The  Chair  has  none. 

Senator  McClellan  ? 

Senator  McClellan.  No  questions. 

Senator  Mundt.  Senator  Dirksen  or  any  of  the  Senators  to  my 
right  ? 

The  Senators  to  my  left  ? 

Senator  Symington.  I  have  a  question. 

Senator  Mundt.  Senator  Symington  8 

Senator  Symington.  First,  I  would  like  to  make  a  statement.  It  is 
my  understanding  that  Mr.  Wechsler  testified  before  this  committee 
that  when  he  was  around  17  or  18  or  19,  he  was  a  member  of  the  Young 
Communist  League ;  that  he  left  that  organization  when  he  was  young ; 
and  that  since  that  time  he  has  been  more  and  more  actively  against 
communism.  It  is  my  understanding — and  I  have  only  seen  Mr. 
Wechsler  twice  in  my  life,  and  I  don't  read  his  paper — both  times  that 
I  saw  him  was  in  connection  with  executive  hearings  held  by  this 
committee.  I  have  never  seen  the  article  referred  to  with  respect  to 
the  activities  of  Private  Schine. 

Captain,  questions  have  been  asked  you — I  would  like  to  ask  you  a 
question ■ 

Senator  Mundt.  Will  the  Senator  yield  a  minute  to  the  Chair? 

When  the  point  of  order  was  raised,  the  Chair  did  not  rule  upon 
it  for  this  reason :  He  was  not  present  at  any  of  the  hearings  at  which 
Mr.  Wechsler  testified.  He  has  never  read  the  testimony.  He  is  en- 
tirely unable  to  rule  on  the  point  of  order  concerning  testimony  about 
Mr.  Wechsler  which  he  has  neither  heard  nor  seen  nor  read. 

Senator  Symington.  The  record  will  speak  for  itself. 

I  would  like  to  ask  this  question,  because  I  hate  to  see  anybody's 
life  destroyed  in  the  American  system.  If  I  am  wrong,  I  will  apolo- 
gize to  the  junior  Senator  from  Wisconsin,  but  that  is  the  way  I 
remember  the  record. 

The  question  that  I  would  like  to  ask  you  is :  Did  you  know  that 
former  Communists  in  the  last  18  months  have  also  been  paid  members 
of  the  staff  of  this  committee  ? 

Captain  Miller.  No,  sir ;  I  did  not. 

Senator  Symington.  No  further  questions,  Mr.  Chairman. 

Senator  Mundt.  Mr.  Welch  ? 

I  beg  your  pardon.  It  is  Lieutenant  Meissner.  Do  you  have  any 
questions  ? 

Lieutenant  Meissner.  I  have  just  two  short  questions,  sir. 

Senator  Mundt.  Raise  your  voice  a  little  and  go  ahead  and  ask 
them. 

Lieutenant  Meissner.  Captain  Miller,  will  you  please  relate  why 
Private  Schine  was  given  this  piece  of  paper  which  constituted  a 
pass  ? 

Captain  Miller.  I  gave  Private  Schine  the  pass  form  on  the  first 
day  he  arrived  in  the  company  because  I  knew  that  Private  Schine 
was  to  receive  passes  at  various  times  during  the  first  4  weeks,  and  I 
felt  that  to  make  Private  Schine  available  for  committee  work  as  soon 
as  possible,  I  should  place  no  administrative  restriction  in  the  way  of 
making  him  available. 


1508  SPECIAL   INVESTIGATION 

I  usually  keep  the  passes  locked  up  in  a  safe,  and  they  are  avail- 
able only  to  myself  and  the  executive  officer.  I  gave  Private  Schine 
this  pass  so  in  the  event  a  pass 

Senator  Mundt.  Just  one  minute. 

To  the  photographers,  it  has  been  so  long  since  you  violated  the 
rules  and  so  long  since  I  have  reprimanded  you,  I  hope  you  will  keep 
on  sitting  down. 

Go  ahead.  The  photographers  are  interfering  with  the  opportun- 
ity of  the  people  at  the  table  to  hear  and  see  the  witness. 

Captain  Miller.  I  felt  that  since  I  kept  the  passes  locked  up  in 
the  safe  and  since  Private  Schine  would  be  called  at  various  times 
for  these  passes,  if  I  or  my  executive  officer  were  not  present  it  would 
not  be  possible  to  get  Private  Schine's  pass  to  him  within  any  reason- 
able time. 

I  therefore  gave  it  to  him  to  keep  in  his  possession  for  that  reason, 
which  1  stated  to  him. 

The  fact  that  Private  Schine  was  on  pass  on  all  or  part  of  30  of  the 
59  days  he  was  with  my  company  bears  out  my  reason  for  giviug  him 
the  passes  in  his  possession. 

Lieutenant  Meissner.  Did  that  pass,  that  written  piece  of  paper, 
constitute  authority  for  him  to  be  absent  at  any  time  from  his  duties? 

Captain  Miller.  It  did  not,  unless  authority  was  communicated  to 
me  through  channels  and  I  specifically  authorized  Private  Schine  to 
be  absent.  Then  he  would  use  this  pass.  If  he  were  accosted  by  a 
military  policeman  or  others  and  asked  whether  he  were  legally  off 
the  post,  he  would  show  this,  but  it  would  be  indicative  of  the  trust 
which  I  placed  in  Private  Schine  to  show  this  pass  at  only  such  times 
as  he  was  authorized  to  be  absent. 

Lieutenant  Meissner.  My  last  question  is  this :  Is  it  unusual  for  an 
IG  investigation  to  be  commenced  when  any  charges  are  made  by 
anyone  against  anyone  in  the  military  service  ? 

Captain  Miller.  That  is  not  at  all  unusual. 

Lieutenant  Meissner.  That  is  all  I  have,  sir. 

Senator  Mundt.  Mr.  Cohn  or  Senator  McCarthy,  do  you  have  any 
further  questions  ? 

Senator  McCarthy.  Yes.  First,  Mr.  Chairman,  I  would  like  to 
comment  about  the  statement  just  made  by  the  Senator  from  Mis- 
souri, Senator  Symington. 

I  would  like  to  have  your  attention,  if  I  may,  Senator  Symington. 

Senator  Symington.  You  always  have  my  attention,  Senator. 

Senator  McCarthy.  The  Senator  has  just  commented  upon  the  fact 
that  former  Communists  have  worked  with  this  committee.  He  has 
tried  apparently  to  put  them  in  the  same  class  with  Mr.  Wechsler.  We 
have  a  former  Communist  sitting  behind  me,  Miss  Bentley.  She  has 
worked  with  this  committee.  She  has  worked  with  grand  juries. 
She  has  worked  with  the  FBI  while  Mr.  Wechsler  was  attacking  the 
FBI.  She  and  every  former  Communist  who  has  honestly  reformed 
and  who  has  by  their  own  testimony  sent  traitors  to  jail  are  con- 
sistently smeared  by  the  Wechslers  who  claim  to  have  reformed.  I  in- 
tend always  to  utilize  the  services,  and  generally  on  a  completely 
free  basis,  of  those  individuals  who  have  learned  that  they  made  a 
mistake  and  have  proven  it  by  helping  our  law-enforcement  agencies 
and  grand  juries  to  send  Communists  to  jail. 


SPECIAL    INVESTIGATION  1507 

I  may  say  to  the  Senator  from  Missouri  I  am  deeply  disturbed 
-when  I  find,  after  he  came  back  to  this  committee  apparently  for  the 
purpose  of  helping  us  dig  out  Communists,  that  the  only  time  I  hear 
him  raise  his  voice  at  this  table  is  when  we  appear  to  be  hurting 
those  who  defended  communism.     Let  me  make  it  clear—- — 

Senator  Symington.  Mr.  Chairman,  I  ask 

Senator  McCarthy.  Let  me  finish. 

Senator  Symington.  I  ask  the  chairman  of  this  committee  to  con- 
sider these  remarks  from  the  Senator  from  Wisconsin  as  improper 
and  that  you  tell  him,  Mr.  Chairman — you  are  supposed,  as  I  uncler- 
stand 

Senator  McCarthy.  I  intend  to  finish  my  statement  regardless  of 
what  the  Senator  may  say. 

Senator  Symington.  I  ask  you  if  you  will  tell  the  Senator  from 
Wisconsin  that  his  remarks  with  respect  to  me  personally,  and  my 
efforts  on  the  committee,  have  little  to  do  with  this  hearing  and  are 
out  of  order  in  this  hearing. 

Senator  McCarthy.  May  I  proceed,  Mr.  Chairman? 

Senator  Mundt.  Let  the  Chair  comment  on  the  point  of  order,  first. 
The  Chair  stated  earlier  today  that  he  considers  a  great  deal  of  the 
colloquoy  taking  place  between  his  colleagues  at  this  table  as  bemg 
irrelevant  and  improper  and  certainly  not  conducive  to  expediting 
the  hearing.  He  suggests  that  we  do  not  engage  in  political  discus- 
sion.    He  suggests  we  do  not  engage  in  attacks  upon  each  other. 

In  all  fairness,  it  seems  to  me  Senator  McCarthy  is  entitled  to  say 
something  in  response  to  the  charge  that  the  Chair  believes  he  heard 
the  Senator  from  Missouri  make  that  he  was  employing  Communists 
on  his  committee.  I  think  the  whole  discussion  is  out  of  order,  but 
unhappily,  though  the  Chair  wishes  he  had  the  authority  of  a  judge 
in  this  proceeding,  he  has  only  the  authority  of  a  chairman  of  a  con- 
gressional committee  in  the  United  States  Senate,  where  people  are 
accustomed  to  engaging  in  freedom  of  debate.  But  he  would  like 
to  plead  that  we  get  back  on  the  beam,  that  we  get  back  on  the  issues, 
that  we  interrogate  this  young  man  and  get  on  to  the  next  witness. 

He  will  respectfully  ask  of  the  Senator  from  Wisconsin  if  he  has 
had  an  opportunity  now  to  reply  to  what  I  thought  was  an  attack 
made  upon  him  and  his  committee  by  Senator  Symington. 

Senator  Symington.  Mr.  Chairman,  I  make  a  point  of  order  on 
that.  I  did  not  make  any  attack  on  this  committee.  I  stated  a  fact, 
and  the  fact  that  I  stated  was  that  a  man  told  me,  in  front  of  Senator 
McCarthy,  a  member  of  this  staff,  that  he  was  being  paid  by  this 
committee  and  that  he  was  formerly  a  member  of  the  Communist 
Party.  And  that  is  all  I  said.  I  stated  a  fact.  As  to  whether  a 
Communist  is  reformed  or  whether  he  is  not  reformed,  I  believe  from 
the  bottom  of  my  heart  that  God  will  decide  with  respect  to  his  true 
reformation  and  no  mortal  man. 

Senator  Mundt.  The  Chair  is  not  in  a  position  to  adjudicate  differ- 
ences existing  between  the  members  of  this  committee.  The  Chair 
knows  nothing  about  the  background  of  any  member  of  this  com- 
mittee who  may  or  may  not  have  been  a  Communist.  He  doesn't  think 
this  is  the  appropriate  forum  in  which  to  explore  that  fact.  Having 
had  the  issue  raised  by  the  Senator  from  Missouri,  I  think  certainly 
that  he  will  agree  that  the  Senator  from  Wisconsin  has  some  right  to 
explain  whether  or  not  he  considers  that  to  be  an  accurate  statement. 


1508  SPECIAL    INVESTIGATION 

Senator  Symington-.  I  ask  the  chairman  of  this  committee  to  with- 
draw the  statement  that  I  attacked  the  committee. 

Senator  Mundt.  I  will  withdraw  that.  You  attacked  Senator 
McCarthy. 

Senator  Symington.  I  ask  the  chairman  to  withdraw  the  statement 
that  I  attacked  Senator  McCarthy,  because  the  record  will  prove  that 
to  be  not  correct. 

Senator  Mundt.  Very  well.  I  will  withdraw  any  statement  that 
I  made,  but  the  Chair  believes  that  your  statement  about  Senator 
McCarthy  employing  former  Communists 

Senator  Symington.  I  stated  it  as  a  fact.  I  did  not  criticize  the 
fact.     I  thank  the  Chair  for  his  graciousness. 

Senator  Mundt.  Now,  Senator,  can  we  go  on  with  your  question- 
ing? If  we  can  ever  get  an  altercation  like  this  in  a  state  of  equi- 
librium, the  Chair  hopes  it  has  been  equilibrized  now,  and  maybe  we 
can  continue. 

Senator  McCarthy.  I  would  like  to  ask  the  Chair  a  question  if 
I  may.  I  note  he  has  the  gavel  poised  most  of  the  time.  Can  we  have 
an  understanding  for  the  rest  of  the  time  that  Senators  will  not  butt 
in  and  interrupt  halfway  through  a  question?  Let's  have  an  agree- 
ment that  we  can  have  the  question  finished.  I  think  that  is  common 
courtesy. 

Senator  Symington.  Mr.  Chairman,  I  agree  with  the  Senator  from 
Wisconsin.  I  think  I  was  perhaps  a  little  impetuous,  and  I  assure 
him  I  will  do  my  best  in  the  future  to  follow  his  suggestion. 

Senator  Mundt.  The  Chair  hopes  that  all  of  us  can  conform  to 
that  admonition,  including  the  man  who  made  it,  so  we  can  make  it 
unanimous.     Senator  McCarthy  ? 

Senator  McCarthy.  Captain,  you  have  counsel  to  your  right;  is 
that  right  ? 

Captain  Miller.  Yes,  sir. 

Senator  McCarthy.  And  another  counsel  behind  you,  Mr.  St.  Clair  ? 

Captain  Miller.  I  have  counsel  for  the  Army,  and  I  am  a  part  of  the 
Army,  and  they  represent  me  as  well  as  Lieutenant  Meissner. 

Senator  McCarthy.  You  consider  that  a  perfectly  proper  situa- 
tion.   Any  man  testifying  should  have  counsel,  shouldn't  he  ? 

Captain  Miller.  Naturally,  sir. 

Senator  McCarthy.  Nov/,  can  you  tell  me  whether  or  not,  when  Mr. 
Schine,  a  private  in  the  Army,  was  called  in  as  a  result  of  those  charges 
originated  by  a  paper  whose  editor  at  least  had  been  a  top  member  of 
the  party,  whether  or  not  Mr.  Schine  was  allowed  counsel  or  not? 

Captain  Miller.  I  know,  because  I  was  told,  and  I  can  state  the 
facts  in  that,  if  you  wish,  sir. 

Senator  McCarthy.  Was  he  or  was  he  not  allowed  counsel,  yes  or 
no? 

Captain  Miller.  I  will  say  "No  he  was  not,"  and  then  I  will  qualify 
it,  if  I  may,  sir. 

Senator  McCarthy.  You  may  qualify  it. 

Captain  Miller.  In  an  Inspector  General's  investigation,  persons 
being  asked  questions  are  being  asked  questions  merely  for  the  sake 
of  ascertaining  facts,  and  counsel  has  never  been  allowed  for  persons  in 
Inspector  General  investigations.    I  happen  to  have  been  included 


SPECIAL   INVESTIGATION  1509 

among  the  persons  questioned  since  the  charges  were  made  and  since 
Colonel  Fogarty  commenced  the  investigation  sometime  in  January, 
and  have  constantly  testified  without  counsel.  And  I  didn't  consider 
this  in  any  way  irregular. 

I  merely  was  giving  Colonel  Fogarty  facts  with  which  to  make 
recommendations  to  the  commanding  general,  and  the  fact  that  a 
counsel  was  denied  in  that  instance  by  regulation  was  satisfactory 
to  me. 

Senator  McCarthy.  Try  and  stick  to  the  answer  ? 

Captain  Miller.  I  am  sticking  to  the  answer. 

Senator  McCarthy.  I  will  ask  you  a  simple  question.  Was  Schine 
denied  counsel  when  he  was  interrogated  in  regard  to  these  charges  ? 

Captain  Miller.  Yes,  sir. 

Senator  McCarthy.  Charges  originated  by  a  Communist  sheet  ? 

Captain  Miller.  I  can't 

Senator  McCarthy.  Was  he  denied  counsel? 

Captain  Miller.  That  is  the  only  question,  was  he  denied  counsel  ? 

Senator  McCarthy.  Yes. 

Captain  Miller.  Yes,  he  was. 

Senator  McCarthy.  Did  he  tell  you  he  wanted  counsel  present? 

Captain  Miller.  I  was  not  present.  Private  Schine  was  at  Camp 
Gordon  when  he  was  interrogated,  sir. 

Senator  McCarthy.  Do  you  know  that  he  requested  the  right  to 
have  his  own  lawyer  present  ? 

Captain  Miller.  I  know  that  through  hearsay,  sir. 

Senator  McCarthy.  Do  you  know  he  was  denied  that  right? 

Captain  Miller.  I  believe 

Senator  McCarthy.  Yes,  or  no. 

Captain  Miller.  I  will  state,  sir,  the  choice  of  the  word  "believe" 
was  improper.  I  will  state  that  to  my  knowledge,  Private  Schine  had 
requested  counsel  and  was  not  interrogated  by  Colonel  Fogarty  at  that 
time  because  he  had  been  out  training  all  night  the  night  before 

Senator  McCarthy.  Don't  give  me  a  speech,  Captain.  I  just  asked 
you  a  simple  question.  Did  Schine  ask  to  have  a  lawyer  of  his  own 
choosing,  whom  he  would  hire  personally,  and  pay,  have  him  present 
at  the  time  there  was  being  investigated  the  charges  initiated  by  a 
Communist  sheet?  Was  he  denied  counsel  or  not?  I  don't  need  a 
speech  on  that. 

Captain  Miller.  I  would  have  to  qualify  that,  sir,  because  I  know 
that  Private  Schine  was  given  the  opportunity  to  consult  with  counsel 
and  he  had  the  allegations  before  him,  before  he  was  questioned  by 
the  IG,  which  was  not  true  of  myself. 

Senator  McCarthy.  The  question  is.  Captain — there  is  no  reason 
why  you  can't  just  tell  us  the  truth  in  this  instance 

Captain  Miller.  Sir,  I  am  going  to  tell  the  truth. 

Senator  McCarthy.  Was  he  denied  the  right  of  having  counsel 
present :  "Yes"  or  "no"  ? 

Captain  Miller.  He  was. 

Senator  McCarthy.  Do  you  know  that  he  was  also  instructed  not 
to  tell  anyone,  including  the  chairman  of  this  committee,  what  the 
charges  against  him  were  ?    Do  you  know  that  ? 

Captain  Miller.  I  believe  that  all  persons  giving  testimony  are 
instructed  not  to  tell — not  to  give  any  of  their  testimony  to  other  per- 
sons until  the  completion  of  the  investigation  and  findings  are  in. 
That  would  be  true,  sir. 


1510  SPECIAL   INVESTIGATION 

Senator  McCarthy.  Would  you  answer  the  question :  Do  you  know 
that 

Senator  Mundt.  At  the  end  he  said  that  would  be  true,  sir. 

Senator  McCarthy.  Do  you  know  that  Schine  was  instructed  not 
to  tell  anyone,  including  the  chairman  of  this  committee?  myself,  what 
the  charges  against  him  were,  that  he  was  specifically  instructed  not 
to  tell  anyone  on  my  staff  or  tell  me  what  the  charges  against  him 
were  ?    Do  you  know  that  ? 

Captain  Miller.  Yes,  sir;  Private  Schine,  as  well  as  I,  and  the 
rest 

Senator  McCarthy.  All  right. 

Captain  Miller.  If  I  may,  I  will  qualify 

Lieutenant  Meissner.  Mr.  Chairman  ? 

Senator  Mundt.  He  has  a  right  to  qualify  his  answer,  having  started 
by  saying  "Yes."    You  may  finish  your  statement. 

Lieutenant  Meissner.  Mr.  Chairman,  the  witness  testified  that  he 
was  not  present  at  the  time  when  Private  Schine  was  interrogated  by 
the  IG,  and  all  of  these  questions,  of  course,  are  hearsay,  and  things 
that  the  captain  picked  up  from  other  people.  I  just  want  to  point 
that  out. 

Senator  Mundt.  The  captain  has  a  right  to  make  that  clear. 

Captain  Miller.  I  believe  I  made  that  clear  to  Senator  McCarthy 
when  I  commenced  answering  the  questions.  The  answers  were  ac- 
cepted on  that  basis. 

Senator  McCarthy.  Let  me  ask  you  this.  Maybe  you  can  shed 
some  light  on  this,  Captain.  In  view  of  the  fact  that  Private  Schine 
was  instructed  by  the  inspector  general,  and  I  am  not  questioning  the 
wisdom  of  that  order,  maybe  it  is  wise  and  maybe  it  is  unwise,  we 
won't  determine  that  today,  but  in  view  of  the  tact  that  he  was  in- 
structed not  to  tell  anyone  what  the  charges  were,  he  was  told  he 
couldn't  have  a  lawyer  present,  told  he  couldn't  tell  the  chairman  of 
this  committee  what  the  charges  against  him  were,  could  you  perhaps 
tell  me  how  we  had  to  go  to  this  New  York  Post,  run  by  a  man  who 
admittedly  was  a  high  Communist  at  one  time,  to  find  out  what  the 
charges  were  ?    In  other  words,  how  did  they  get  them  ? 

Captain  Miller.  The  charges,  I  believe,  were  first  printed  in  the 
New  York  Post. 

Senator  McCarthy.  That  is  right. 

Captain  Miller.  And  the  charges  were  available  on  a  public  basis. 
I  believe  that  Private  Schine  was  provided,  as  well  as  I,  with  a  copy 
of  the  allegations  of  the  New  York  Post. 

Senator  Mundt.  The  Senator's  time  has  expired. 

Counsel  ? 

The  Chair  has  none.  Do  any  of  the  Senators  to  my  left  have  any  ? 
To  my  right  ? 

Lieutenant,  do  you  have  any  further  questions? 

Lieutenant  Meissner.  Yes,  sir. 

Captain  Miller,  did  you  have  counsel  at  the  IG  investigation  ? 

Captain  Miller.  I  did  not. 

Lieutenant  Meissner.  Were  you  offered  the  right  to  have  counsel 
at  the  IG  investigation? 

Captain  Miller.  I  was  not.  I  inquired  on  the  basis  I  was  not 
familiar  with  the  regulations.  It  was  shown  to  me  that  counsel  was 
neither  allowed  nor  required  for  such  an  investigation. 


SPECIAL   INVESTIGATION  1511 

Lieutenant  Meissner.  Are  the  witnesses  acquainted  with  their 
rights  under  the  31st  article  of  the  Uniform  Code  of  Military  Justice 
as  well  as  the  fifth  amendment  of  the  United  States  Constitution 
before  they  are  asked  any  questions  by  the  inspector  general  ? 

Captain  Miller.  Yes.  In  all  cases  of  investigation  within  the 
Army,  article  31,  which  is  based  upon  the  fifth  amendment,  is  read 
to  each  person  interrogated  in  any  investigation. 

Lieutenant  Meissner.  Were  you  told  by  the  IG  not  to  discuss  your 
testimony  with  anyone  else  ? 

Captain  Miller.  I  was  instructed  not  to  disclose  the  subject  of  my 
testimony  to  anyone  else,  the  content  of  the  testimony,  because  it  was 
confidential  material. 

Lieutenant  Meissner.  Do  you  know  whether  or  not  the  IG  investi- 
gation was  a  result  of  the  charges  made  by  the  newspapers,  or  vice 
versa  ? 

Captain  Miller.  I  have  been  told  that  that  is  the  fact. 

Senator  Mundt.  Which  is  the  fact,  the  newspapers  or  vice  versa  ? 

Captain  Miller.  That  the  investigation,  sir,  was  started  as  a  re- 
sult of  the  newspaper  allegations. 

Senator  Mundt.  Thank  you. 

Lieutenant  Meissner.  Then  that  is  how  the  newspapers  would 
know  of  the  allegations,  is  that  correct? 

Captain  Miller.  That  is  correct,  sir. 

Lieutenant  Meissner.  That  is  all  I  have,  sir. 

Senator  Mundt.  Mr.  Cohn  or  Senator  McCarthy  ? 

Senator  McCarthy.  It  seems  that  we  have  spent  2  hours  now  on 
something  that  is  completely  irrelevant  to  this  case.  Maybe  we 
should  spend  a  few  more  minutes  and  let  the  public  know  exactly 
what  some  of  the  charges  were. 

One  of  the  charges — first,  may  I  ask  you  this :  You  said  that  Pri- 
vate Schine  was  furnished  a  copy  of  the  charges? 

Captain  Miller.  I  believe  that  is  true,  sir. 

Senator  McCarthy.  You  were  told  you  could  not  make  those  avail- 
able to  anyone,  that  those  were  secret  ? 

Captain  Miller.  I  don't  believe  the  charges  were  secret  from  any- 
one, sir.    They  were  printed  in  the  New  York  Post. 

Senator  McCarthy.  Before  they  were  printed,  I  assume  you  gave 
him  the  charges.  You  didn't  hand  him  a  copy  of  the  New  York  Post. 
I  assume  you  handed  him  the  charges  in  some  typewritten  form. 

Captain  Miller.  I  handed  Private  Schine  nothing.  I  was  not  a 
part  of  the  investigation  being  conducted.  The  charges  were  printed, 
I  believe,  in  the  New  York  Post  after — or  before  the  investigation 
commenced.  The  investigation  was  a  result  of  articles  appearing 
in  the  New  York  Post  which  were  adverse  to  the  reputation  of  Fort 
Dix. 

Senator  McCarthy.  Could  you  give  me  some  idea  of  how  much 
time  and  money  was  spent  on  one  of  the  allegations?  I  may  say  I 
have  asked  for  the  allegations  and  have  been  denied  them.  Much  as 
I  dislike  it,  I  had  to  spend  a  nickel  for  this  Communist  sheet  to  get 
them.  How  much  time  and  money  was  spent  by  the  IG  in  determin- 
ing the  question  of  whether  or  not,  I  quote,  "Schine  had  his  shoes  com- 
mercially polished" 


1512  SPECIAL    INVESTIGATION 

Captain  Miller.  I  know  nothing  of  the  amount  of  money  being 
spent  in  the  IG  investigation.  That  is  not  a  subject  on  which  I  can 
comment. 

Senator  McCarthy.  Do  you  know  how  much  time  and  money  was 
spent  on  allegation  No.  16,  namely,  that  he  had  boots  with  buckles  on 
the  side  ?  I  might  point  out  that  I  understand  that  they  did  not  have 
shoes  that  would  fit  Dave.  He  has  about  a  size  13  foot,  so  he  had  to 
buy  them  downtown.  How  much  time  did  it  take  to  determine 
whether  or  not  the  buckles  were  on  the  side  or  not  ? 

Captain  Miller.  Again  I  will  say  that  I  cannot  say  how  much 
money  was  spent  on  such  an  investigation.  I  do  know  of  the  incident 
itself. 

Senator  McCarthy.  Let  me  ask  you  one  other  question,  then:  Do 
you  know  how  much  time  and  money  was  spent  to  determine  whether 
or  not  Dave  on  the  range  one  day  complained  that  the  weather  was 
rather  cold  ?  Do  you  know  how  much  time  and  money  was  spent  on 
that  ? 

Captain  Miller.  No,  sir ;  I  do  not. 

Senator  McCarthy.  No  further  questions,  Mr.  Chairman. 

Senator  Mundt.  Mr.  Colin,  any  questions  % 

Any  of  the  counsel  any  questions  ? 

Are  you  satisfied,  Lieutenant  Meissner? 

You  are  dismissed,  Captain  Miller. 

It  now  being  something  after  12,  we  having  a  1 :  30  meeting  sched- 
uled in  room  357,  an  executive  meeting,  we  stand  in  recess  until  2 
o'clock. 

(Whereupon,  at  12: 15  p.  m.  the  committee  was  recessed,  to  recon- 
vene at  2  p.  m.  the  same  day.) 


INDEX 


Page 

Adams,  John  G 1476 

American  Military  Establishment 1482 

Appropriations  Committee  (Senate) 1497 

Army  (United  (States) 1476,1478, 

1479,  1482,  1483,  14S6,  1487,  1491,  1496,  1497,  1500,  1502,  1508,  1511 

Army  officers 1491 

Army  records 1491 

Army  rifle  M-l 1494 

Article  31  (Uniform  Code  of  Military  Justice) 1511 

Bentley,  Miss 1506 

Blount,  Lieutenant 1490, 1493, 1495, 1501 

Bradley,  Colonel 1477, 1484, 1485 

Camp  Dix 1483, 1486-14S9, 1491, 1502, 1503 

Camp  Gordon 1487, 1509 

Carr,  Francis  P 1479-14S1, 1483, 1484, 1488, 1491, 1492 

"Case  of  Private  Schine"  (newspaper  article) 1503 

Christmas  pass 1489, 1490, 1492, 1494 

Cohn,  Roy  M 1481,  14S3,  1488,  1491,  1493,  1495,  1502, 1511,  1512 

Communists 1401, 1496, 1502, 1503, 1505, 1506, 1510 

Company  K  (272d  Infantry) 1476,1477 

Congress  of  the  United  States 1498 

Constitution  of  the  United  States 1511 

Department  of  the  Army 1476, 1478, 

1479,  1482,  1483,  1486,  1487,  1491,  1496,  1497, 1500,  1502,  1508,  1511 

Europe 1496 

Federal  Bureau  of  Investigation  (FBI) 1503, 1506 

Fogarty,  Colonel 1509 

Fort  Dix 1483, 14S6-1489, 1491, 1502, 1503 

Forty-seventh   Infantry 1476 

Gabryelski,    Lieutenant 1495 

JG  investigation 1502, 1503, 1506, 1508-1512 

Inspector  General 1502, 1503, 1506, 150&-1512 

K  Company  (272d  Infantry) 1476, 1477 

K.  P.  (kitchen  police) 1482, 1483, 14S6, 1490 

Knowland,  Senator 1496 

Korean  war 1496 

Lawton,  General 1501 

M-l  (Army  rifle) 1494 

McCarthy,  Senator  Joe 1479-1481, 

1483,  14S4,  14S8,  1491,  1492,  1496,  1497,  1500-1503,  1506-1512 

McClellan,  Senator 1489, 1498 

McGuire  Air  Force  Base 1477, 14S5 

Meissner,  Lt.  George  S 1476, 

1488,  1491,  1492,  1500,  1501,  1503,  1505,  1506,  1508,  1510,  1511 

Military  Justice   (Uniform  Code) 1511 

Miller,  Capt.  Joseph  J.  M.,  testimony  of 1476-1512 

Moscow 1503 

National  committee    (Young  Communist  League) 1503 

New  Year's  Eve 1489,  1490,  1498 

New  Year's  pass I486,  1489-1492 

New  York  City 1493 

New  York  Daily 1503 

New,  York  Post 1502,  1503,  1510,  1511 

Ninth   Division 1496 

Ninth  Infantry  Regiment 1496 


II  INDEX 

Page 

Pass  list   (New  Year's) 1490 

Pennsylvania    University 1496 

Photograph  laboratory    (Fort  Dix) 1490 

Potter,  Senator 1491,  1494 

Regular  Army  soldiers 1.100 

Ringler,  Col.  Earl  L 1477, 1495, 1499 

Ryan,  General 1490,  1493,  1501,  1502 

St.  Clair,  Mr 1508 

Schine,  G.  David 1476-1495,  1498-1506,  1508-1511 

Second   World   War „ 1496 

Secretary  of  the  Army 1476 

Senate   Appropriations    Committee 1497 

Senate  of  the  United  States 1497,  149S,  1507 

Sixty-ninth    Division 1496 

Stevens,  Robert  T 1476 

Symington,    Senator . 1488 

Thanksgiving   pass 1494 

Two  Hundred  and  Seventy-second  Infantry 1476 

Uniform  Code  of  Military  Justice 1511 

United  States  Army : 1476,  1478,  1479, 

1482,  1483,  14S6,  1487,  1491,  1496,  14£7,  1500,  1502, 1508,  1511 

United  States  Congress 1498 

United   States  Constitution 1511 

United  States  Senate 1497 

University  of  Pennsylvania 1496 

Wechsler,  James 1502,  1503,  1505,  1506 

World  War  II 1496 

Young  Communist  League 1503,  1505 

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