TESTIMONY OF ANTHONY KRCHMAREK

AND CHARLES MUSIL

THURSDAY, MAY 26, 1960

U.S. HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE OF THE

COMMITTEE ON UN-AMERICAN ACTIVITIES,

PUBLIC HEARINGS

Washington, D.C.

The subcommittee of the Committee on Un-American Activities met, pursuant to call, at 10 a.m. in the Caucus Room, Old House Office Building, Washington, D.C., Hon. Francis E. Walter (chairman) presiding.

Subcommittee members present: Francis E. Walter, of Pennsylvania; Gordon H. Scherer, of Ohio; and August E. Johansen, of Michigan.

Staff members present: Richard Arens, staff director; Donald T. Appell, investigator; and Fulton Lewis III, research analyst.

The CHAIRMAN. The committee will be in order.

I have a statement I would like to read.

On October 26, 1959, as chairman of the Committee on Un-Ameriean Activities, I signed and issued a subpena for service on Anthony Krchmarek, of Cleveland, Ohio. This subpena was served on him on November 11, 1959. His appearance pursuant to this subpena was continued from time to time until today.

On April 11, 1960, I signed and issued a subpena for the appearance today of Charles Musil, of New York City. This subpena was served on him on April 20, 1960.

The reason why I point out the dates of issuance and service of these subpenas is that the Communist press has stated that the release by the Committee on Un-American Activities of the testimony of Frantisek Tisler and the subpenaing of the two witnesses who are to be interrogated today was a "frantic attempt at retaliation" over the incident in which a United States reconnaissance plane was shot down over the Soviet Union.

This incident, it should be noted, occurred during the first week of May which was, of course, 6 months after the subpena was issued for the appearance of Anthony Krchmarek and 1 month after the abpena was issued for the appearance of Charles Musil

The testimony of Frantisek Tisler which was released on May 19, 1900, was, as the record indicates taken at a time and place which annot be revealed on the record” for obvious wurity reasons. May Isay in passing that Colonel Tisler has also supplied this commit with certain information which cannot, at the time at least, be made Jublic.

Over a year ago, this commitee published a report entitled "Patterns of Communist Espionage" which summarized over three dozen incidents of Communist espionage occurring in the last several years on American soil. In the foreword to that report I stated:

Let those of our citizenry who flutter and rejoice in response to the blandishments and smiles of suave Communist diplomats take stock of the simple, awful truth that these blandishments and smiles are a facade behind which operate the deadly tentacles of a human meat grinder that has already consumed millions upon millions of human beings.

May those who accept at face value the pretense of "peaceful coexistence" with the masters of international communism justify, if they will, the deceit, intrigue, blackmail, espionage, subversion, and mass murder which characterizes the program of communism for no less than complete world domination.

The events of the last several weeks ought to make it clear to everyone that the struggle in the world today is not just a popularity contest between different economic or political systems. It is a life and-death struggle in which no less than our Christian civilization is at stake.

From the letters which I receive daily from the crossroads of America, I am gratified to see that Mr. and Mrs. Citizen are becom ing more aware that we on the Committee on Un-American Activities are not engaged in a simple game of cops and robbers in our pursuit of the activities of Communist agents.

Ours is the task, as an arm of the United States Congress, of main taining a surveillance over the administration and operation of our security laws which are designed to cope with a deadly fifth colum on American soil. This fifth column has long since divested itself of the intellectual dupes and fuzzy idealists.

It now consists of the hard-core, trained, disciplined agents of the international Communist conspiracy who are engaged in every typ of subversive activity to undermine this country of which devilis minds can be capable.

That the Federal Bureau of Investigation and the Committee o Un-American Activities are today the number one target of the Com munist conspiracy in this country is thoroughly understandable. I the Communist conspiracy ever lets up on its attacks against this com mittee, I would feel that somehow we must not be doing an effective job. In fact, I have often said that the effectiveness of this com mittee is in direct ratio to the intensity of the Communist attack against us.

What does concern me and my colleagues on the committee, how ever, is that the conspirators are still able to enlist the services of number of non-Communists to do their bidding. The gullible, th morally bankrupt, the misfits, the vain, the opportunists-these con stitute a reservoir ever ready to carry the attack against the agencie of the Government which are engaging in deadly combat with the Communists.

As chairman of this committee, let me serve notice now on not onl the hard-core conspirators in this country, but upon those who will ingly lend themselves as tools of the conspiracy, that so long as occupy the chairmanship of this committee, we will not be dissuade one iota from our task by Communist-led riots, by the epithets o perverted editorials, by threats of political reprisals, or by any othe device. This committee will do its duty fearlessly and efficiently an we will try to at least match the zeal of our Communist enemies.

We are determined to discharge our duty and thereby keep faith with the Congress of the United States, the American people, and, above all, our oaths of office.

Mr. Arens, call your first witness.

Mr. ARENS. If you please, Mr. Chairman, the first witness will be Anthony Krchmarek.

Kindly come forward and remain standing while the chairman ad

ministers an oath.

The CHAIRMAN. Will you raise your right hand?

Do you swear that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God? Mr. KRCHMAREK. I do.

TESTIMONY OF ANTHONY KRCHMAREK, ACCOMPANIED BY COUNSEL, JOSEPH FORER

Mr. ARENS. Kindly identify yourself by name, residence, and occupation.

Mr. KRCHMAREK. My name is Anthony Krchmarek. I live in Cleveland, Ohio, at 750 East 93d Street.

Mr. ARENS. And your occupation, please, sir?

Mr. KRCHMAREK. I decline to answer that question on the following grounds: Despite the statement of Chairman Walter, I think that this hearing has no legislative purpose, nor is it intended to be, that the timing of this hearing demonstrates what is behind it, and that is to divert public attention from the colossal blunders that have resulted in the collapse of the summit meeting.

Secondly, I think this is illegal, this hearing is illegal

Mr. SCHERER. Mr. Chairman, may I interrupt a minute?

You said something about the timing of this hearing. When were you subpenaed; how many months ago?

Mr. KRCHMAREK. I don't remember the exact date.

Mr. SCHERER. Will you refresh your recollection and tell us the date that you were subpenaed?

Mr. KRCHMAREK. Some time, I guess it was in December, or something like that.

Mr. SCHERER. About 5 or 6 months ago?

Mr. KRCHMAREK. That is right. But the hearing has been postponed many times since then.

The CHAIRMAN. In anticipation of this event that you are now talking about; is that what you think?

Mr. KRCHMAREK. Let me continue the second reason that I want to decline to answer the question.

It is that I think this hearing will serve to whip up and fan more hysteria, international tensions, and so on. I think this is in the worst traditions of McCarthyism, which we had hoped was gone and buried. My third reason for declining to answer the question is that I do not think this committee serves any useful purpose and should have been abolished long ago.

I think that the kind of a reception that the committee got in San Francisco is an indication of how the American people are beginning to feel and to react to the work of this committee.

My fourth reason for declining to answer is that this committee has stepped far beyond the limits of its original authority; that it has assumed the role of judge, jury, and prosecutor, powers that the Congress did not confer upon it.

In my own case, the committee undertook to get publicity, to get headlines, before this hearing took place, and in this way, through the commercial press, tried to convict me by decree.

The fifth reason is, I don't think that the question is pertinent to the inquiry.

My sixth reason is my rights under the first amendment to the Constitution.

And finally, my final reason is I refuse to answer on the basis of my privilege under the fifth amendment to the Constitution not to be a witness against myself.

The CHAIRMAN. You have stated that one of the reasons why you won't answer the question was because this hearing would cause international tensions to be stirred up. By that do you mean that Commu nist countries would be aroused because you are asked to testify?

Mr. KRCHMAREK. No. I am concerned with the effect upon the American people, that it is intended to affect the American people, to create hysteria in our country.

The CHAIRMAN. To affect the American people in that it brings to them an awareness of the fact that we have in our midst people who are part of the conspiracy to overthrow the Government?

Mr. KRCH MAREK. I don't know what the chairman means by that I simply stated that my feeling is that the holding of this meeting a this time would serve to fan the flames of hysteria at a time wher coolness is necessary, when judgment, cool judgment, is necessary, and that this does not serve that purpose. That is my opinion.

Mr. ARENS. Is the record clear that you are represented by counsel Mr. KRCHMAREK. That is right.

Mr. ARENS. Counsel, kindly identify yourself.

Mr. FORER. Joseph Forer, 711 Fourteenth Street NW., Washing ton, D.C.

Mr. ARENS. Mr. Krchmarek, your refusal to answer a moment ag was a response to my question respecting your present employment Mr. KRCHMAREK. That is right.

Mr. ARENS. Will you give us a recitation of the principal employ ments you have had in the course of the last 10 years?

Mr. KRCHMAREK. I decline to answer that question for the reason I have given.

Mr. ARENS. Mr. Krchmarek, are you the chairman of the Ohi State Communist Party?

Mr. KRCHMAREK. I decline to answer that question for the reason given.

Mr. ARENS. We display to you, if you please, sir, a thermofa reproduction of an article appearing in the Communist Worker o December 20, 1959, listing a number of people who were participant in an enterprise, including yourself, "Anton Krchmarek," as Ohi chairman of the Communist Party.

Kindly look at this document and tell this committee whether o not that is a true designation of yourself.

(The document was handed to the witness.)

Mr. KRCHMAREK. I decline to answer the question on the same grounds. May I say this is the first time I appeared before a committee of this kind. Should I at any point mess up on claiming my privilege, it should be understood that I decline to answer on the grounds that I stated.

(Document marked "Krchmarek Exhibit No. 1" and retained in committee files.)

The CHAIRMAN. Let the record show that when the witness declines to answer, it is on the grounds stated fully in response to a previous question.

Mr. SCHERER. That includes the invocation of the fifth amendment.

Mr. ARENS. Mr. Krchmarek, in your trial under the Smith Act, it was stated, testified to under oath, that there was a fund in Ohio estimated in the neighborhood of $20,000 which was hidden away in various places in Ohio, and that the location of this fund was known by yourself, Anthony Krchmarek, and by one Edward Chaka. Was this testimony true?

Mr. KRCHMAREK. I decline to answer on the grounds previously given.

Mr. ARENS. Do you know Edward Chaka?

Mr. KRCHMAREK. I decline to answer that question on the same. grounds.

Mr. ARENS. We display to you now, please, sir, a thermofax reproduction of the Communist Worker of Sunday, April 14, 1957, in which an article appears with the byline of A. Krchmarek.

The article is entitled "New Use of T-H in Unionist's Arrest." The author of the article gives a biographical account of Edward Chaka. Kindly look at that article and tell this committee whether or not that refreshes your recollection with reference to your knowledge and acquaintanceship with Edward Chaka.

(The document was handed to the witness.)

Mr. KRCHMAREK. I decline to identify the document on the same grounds.

(Document marked "Krchmarek Exhibit No. 2" and retained in committee files.)

Mr. ARENS. Now, sir, have you, since you were subpenaed by this Committee to appear, in November of 1959, been in consultation with the leadership of the Communist Party respecting the fact that you were subpenaed and respecting your proposed testimony today before this committee?

Mr. KRCHMAREK. I decline to answer that on the same grounds.

Mr. ARENS. Did you, prior to the time that you appeared in the Smith Act trial, consult with Mr. Dennis, who was then general secreary of the Communist Party of the United States?

Mr. KRCHMAREK. I decline to answer on the same grounds.

Mr. ARENS. Have you, in the course of the last 5 years, traveled broad?

Mr. KRCHMAREK. In the course of when?

Mr. ARENS. The last 5 years. Have you traveled abroad? Excuse e, the last 10 years. I beg your pardon.

(The witness conferred with his counsel.) Mr. KRCHMAREK. Which way is it?