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E % DESCRIPTION
RIAF. O.%l.A
ROSENBERG ET A
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by acme kind of "inhuman" blood lust throughout the entire prg-
ceedinge. The propaganda from the NCSJRU also attempted to mugg-
u note of patr£o'Hen_,an occaeton. The Roeenberg eentence has
been referred to e I "urine agatnet the American people," and92 - - . ' - . _ , _ _ .-. . _ _ . . __ ,, _ - . Vaetiatien en behalf ef ind Ioeenberge ms been called a fight A
againet 'na t"iona1_¢:I.iebenor and ehane ae 5511 ae la etruggle for
liaariaan £eiaaFr.iay." fa i.i¬§iF1$" * * , r-an iee epo neo rec- ' .
by the ICSJRC have been ealeanly opened with the playing of the
Iattennl Anthem. ' - ~ "
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_ During August, 1952; only 6 loathe after the founding
of the Rational Oonaittee to Beoure Juetioe in the Rosenberg
Oaee, a Yidueet onferenoe on the Roeenberg 0ae_e" nae held at
Eingag- Illlgnile Buripn Qhn nnnfanannn n nnnnrt A! tipIr w - ' 1|--v wvw 3-11 1- v, vrvw wiry wr wvvvv 1 7 irwe I C writ
Iational Oonnittee nae read which reflected that einae ite in-
ception the IUBJRC had already dietributed approximately 400,000
pieoee of literature. It nae further reported to the oonferenoe
that the Iatioaal Qfioe of the.0oaaittee had already eeoured
about 35,000 eigaaturee for oarioue petitione and it nae indicated
that the lidveet affiliateo of the Uonittee would undertake to
obtain at leaet 40,000 additional eignaturee by the end of
October, 1952.
' 4 Jinaneial report pee delivered eetting gbrth that
einoe Ioueaber, 1951, the ICSJBC had raieed 0ppr0:ilatl1y'f50,000
in oontributione._ Bone 180,000 qr thie amount nae received through
the nails, #10, 000 at large public Ieetinge, [$5,000 from elall
neetinge and houee partiee, and $5,000 fro: literature ealee.
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The Daily Iorker" issue of lay 5, 1952, reported that
chapters of the ICSJIIC_had been establ iohed, in 85 cities. In
additien te ite can "listen, the J!-'5-'J.&L' has receiced ccppert
from each organisations as the Civil Rights Congress, the Labor
Youth League, and other Communist-front organisations as ee11'ss
from various divisions of the Communist far-ty itself» It has been
reliably reported in fact that the Iorlld federation of bade
Unions, had been contacted and requested to organise world-aide
deaonstraticne against the U. 8. Government in connection with
the Rosenberg case. _ ' _ ' -0 ~ . a
llang the sore spectacular activities of the ICSJBO
to date have been the following;
rron December 27, 1952, to January 17, 1953, a continuou.
round-the-clock picket line Ia-I eaintained at the Ihite louse
during the period that forser President Irunan III presumably
studying a plea for executive clemency. This "Waite House
iiiisiency 'r'i§i.i was eaiied off on qilliif 1?, W53, after more
than 500 consecutive hours, Only when it hecase evident that
President 1!-ssan Iould sot rule on the petition for clenency prior
to his retirement fro: office. According to the "Baily I'orker"
this affair I08 allnazed on January 5, 1953, Ihl more than 2,000
persons fro! 82 states arrived st the Btioa 's Cpital ta take
part in the "vigil."
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. ~ -<1%§EgMy , On December ii, 1952, eane 800 persona took part in 0
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demonstration for the Roeenberge qhioh has held at Oeeining, lea
fork, near Sing Bing Prieon_nhere the_Boeenberge pere incarcerated
and awaiting execution; Although barred fron_ho1ding a meeting
directly at the prieon gates as originally planned, the demons-
tratare were perlitted to eead a fiae-Ian delegation to the prieon
walls to deliver hristlae aarde addreeeed to the Rosenhergs as
well as a huge joral wreath bearing the ineeriptien,"0reetinge
to Julius and Ethel ioeeaaerg jroi the People. . 0 l
Ae the final legal aovee were being nade by the Boson;
hergs' defense attorneys, thousands of pickets formed around the
Ihite House in June, 1953. The majority of these pickets poured
into Iashingtan, D. 0-, fro: lea rare City where the IUSJRO had
arranged for eeveral special "bleaenag trains to carry these
Rosenberg eynpathieere to the Iatioa'e Capital. *
The pioketing at the Ihite House eonnenoed at GpprOIi-
nately 1:30 P.M1 on June ld and at 4:00 P-H. the piokete marched
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convicted atol spies. The IUSJRO's own estimate qf the nunber of
pickets was set at 18,000.
, ' .Iollowing this brayer nesting! the sajcrity of pickets
entrained for Ii» rare city leaving a stall handful of pickets to92 , _ . I _
.eontinue the F84-hour vigil" at the Ihite Hones. The picketing
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U; 8. Buprels Gourt recessed Jbr the eunner; are Justice Douglas
announced that he had granted a stay of eeecuticn in order that
new points of'lau brought befbre hin by defense attorneys could
be heard by the lower court. _ r
Upon receiving the news that the Government was success
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_' During the pioketing activitiee&af the IUSJRG in V
Iaehingtcn, the following incidents occurred which are of interest:
_ On June 3, 1953, it nae learned that the Gcnnittee had
set up cjyicee at the Inspiration House in Iaehingtcn and that
this office was controlled and directed by'people from Jew Ibrt
Qity. It nae also ascertained that one qf the local nelbers qf
the Folnittee voiced etrong resentment etating that it appeared
to her that the national ojjice of the Committee felt that, "We
in D. 6. are not competent enough.
On June 14, 1953, a woman telephonically aduieed the
{BI that ehe had nietatenly received 6 or 8 telephone calls that
day from persons inquiring about the details of a denonetrationI ' ' -
planned by the ICSJRC. She aduieed that noet of the oallere
asked if this was the Ucnnitteeiftr today'e "outing."
Another individual edoieed that on Jane 18, 1953, a
Iorter at ICSJRO leadquartere at Inspiration louse nae eent eut
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fhis money was to be furnished to out-of-town demonstrators for
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-V 3' ' I '1. 'on the lbll_in the vicinity of Pthand Constitution Avenue, North-
west, Iashington, D. O. Several ministers read prayers at the
meeting. "In each instance the ministers were applauded; a rather
unusual reception for a prayer. *_ s - ' - Y
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delegations from this organization were sent to contact various
congresenen, senators and qficials here. Hang of these indivi-
duals had attempted to see a congressman of New fork at his office
in Iaehington.' Re had to hide in the nen's room in order to
avoid seeing then. A-congressman also related that his son, a
war veteran,~ahile visiting Iaehington observed the picleting and
recounted that an elderly Iegro was being lead around by a white
woman; the elderly nan asked the woman what he was supposed to do.
' -u, _!_8_-LS5!LBl§l?G8e' TIDE -servos LL} GQ,E_Rl~_i{:'lEI,_BARB4RIQ '
' Om Jane I9, 1953, after Rachael Bloch had exhausted all
legal efforts to see the President and was told that the Rosen-
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hergs here to be_e:ecuted that evening, Bloch node the statement -
that the action of the Government had revealed to the entire world
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that the people who are running thie Government are wuch wore
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barbaric than the Ihaie when they were in power in oernany."_ It 92 . .. I -
aleo reportedly etated that he did not know "what kind of aninale
I an dealing with, but I_hnow I an dealing with animals."
. 92 . V
fiaehington Star of.June 20, 1958.! . _ ' 1 -o"
Bloch aleo reportedly requested that the warden at
Sing Sing Prieon convey the following Ieeeage to the Roeenbergee
"Tell then I tried to do my beet. Tell thew Ifeel aehaned that?
I: an American today." Iaehington City Iowa Service 8-19-53!
82§FF3¬E9.££22G4£P4_lH,{P3§I9E_£9F¥T¬1£§ - - '
It ie noteworthy that this case hae aleo been used by
Communist Parties throughout the world for propaganda purpoeeo
against the United States» Anerican enbaeeiee in Canada and
Europe were flooded with petitionefor olewency by uarioue organi-
eatione and people. During the laet Jim daye prior to the ere-
cution of the Boeenberge, delonetrutiono were held in najcr oapitah
of'Iurcpe each ae Parie, Bone and London on hehalf'of the Rosen-
berge. In a Iaehington City Iewe Service releaee of'June 20,gl953,
foreign reaotion to the execution woe reported an follower
@Parie Q Cownuniet-led_groupe'ewarwed through juropean etreetp laet
night and early today in generally orderly denonetraticne protect-
tag the execution of aton epiee Juliue and Ethel ioeenbergi J
French teen-ager woe ehot and wounded and 886 pereone were arreet-
ed in Parie. "
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Two bottles of kerosene were thrown through the window
efthe Ht 8- Information 8eroice_in Dublin. g __ ."'._ 1 , 92 '_.- >.' ~ , "92 - 4 '» ;- ~ _- ' _ -J J 4. . ' 5 - . 1 _1.-
, IGOOPCIBQ IO Fill III] IGOOIIIIF; I087 ITJPOPCGR IIGUOPGPCPII : - .
headlined the ezecuticn, but only the Connunist sheets etudiously
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particularly odious crile. -_ _ ; ' ' 1 .ignored the fhot that the Bosenbergs had been convicted ofc '
] _ In lone, a prciovernnent nevspape; "I1 Popolqf
suggested that the Reds night better save their tears for the
victims of Connunist oppression in Berlin. The neuspaper said,
"Io too are noved when we think of_the too children of the couple
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sentenced to death in the Iest.' What we are still acre dismayed
In: -than fn-tn nf n11 the nrhhnpn nf lnn Inner! damnX" SIIT J 1* iv ill 7'-Y 11:17.? -Y W iT'- ii??? iTT"
Berlin by the machine guns of a grin and inhuman
Obviously referring to the recent riots in that
suppression of then by Russian nilitary forces.!in the streets of
regime."
Berlin and the
The nous account also reported that Toss lens Agency
official Soviet news agency! charged the Rosenbergs were executed
"in defiance sf the protests of'uorld Op$!Dn»' The Polish lees
Agency charged the execution was a nurder carefully prepared
beforehand and staged in detail by the thugs of the IBI.f '"_. _ I
i, According to accounts from Italy; Bedfflags f2ying_
fro: Gcnnunist Headquarters and the holes of'Bonnuniet Party'
nenbers in Iaplse were hO1f5Ia8f8d after the execution.
In Austria, the Communist Party scheduled a protest
nesting at a theater in the Soviet lone of Vienna.
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rte taotice enplaged in this Calpign qf_preseure were
those cf'Jhleehoods and_distortions- The Bed fascists adopted. _ - , .
the Hitler biC'lie' technique-_» n . -. _ 1 »
' '1. e_"Thsir claim of antiesenitiem brought jbrth an admonition
from the Anti-Defamation League to the Jewish Community oautioning
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thie_connunity not to be_nsed. é . i C > I? '
v _ They charged injringenent oj Civil Rights - get the
American Civil Liberties Union concluded, ajter studying the saee,
that_there were no Civil Rights issues involved. J
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- The Communist slployed every conceivable trick in their
qforte to aid the aton spies, including high pressuring the
courts by innumerable appeals. The case was dragged out for a
period in ezcese of two years-
_ '00 April 5, 1951, Judge Irving B; Kaufnan, District
Judge, Southern District of New fork, sentenced Julius and Ethel
Rosenberg to death, and Horton Sobell to thirty gears imprison-
ment. The execution date woe set for the week of log 21, 1951. '
However, the execution was-stayed when a notice of appeal filed in
the Circuit Court, oa.jn'r.;.¢ .3 the warden of Sing Sing Prison on
-M _4p:_-is 11, 1951. es-56236-1056! .' ' ' ' ' I '
'.. _ _ _ - 92. -.' D ' On April 23, 1951, an application for a writ of habeas
corpus nae filed before Dietrict Judge John C. Knox, United States
District Court, Southern District of New fork, in ehioh it was re-
queetsd that Ethel Rosenberg be uovedfron the condemned cells at
Sing Sing Prison, Oeeining, sew Iork. The application claimed the
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such incarceration was cruel and inhuman treatment and further that
ehe had been put in that prison in order to separate her,froa her _
huebandy Julius, and force her to cooperate with the Government» '
!he_hearing was continued before District Judge Henry I,_Goddard,
lhe on June 82,.l95l,_denied the application,_ {n denying_thie _ -M
application, Judge Goddard stated ae follows: "The Attorney General
may tranefer a convict from a federal to a State prieon without
notice to or consent of the canuict.. Io evidence was presented to
eupport the relator'e allegations in her petition that she was
traneferred there in an qfort to :oreah' her or that the Attorney
General exercised hie discretion for an ulterior purpose or in any
but a laqful manner. Indeed, the initiative for her tranqfer did
not cone from the Attorney General or any of hie eubordinatest - -
Conniseioner of the Department of Uorreotion, City of New Icrh,
requeeted that the Federal authorities tranefer her because of the
crowded condition of the House of Detention and because of the lack
of proper facilities there for the detention of a prisoner awaiting
the ezecution of a death sentence, Judge Goddard than continued,
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"fhe re1ator's eeoond ground for relief ie also without merit. The
Eighth Amendment mas adopted to prevent inhupan, barbarous, or
5.
tortuous punishment or some puniehnent unknown at common law-
Seoticn 3566 of Title 18, U;8, Code, prouidee 'rn¢ manner of inflict-
_. _ _ _ . . _ .
ing the punishment of death ehall be that preecribed by the lame of
the place uithin which the sentence ie inpoeed. The United States
larehal charged with the execution of the sentence nay use availableIhee----
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Judge Goddard also said, Wdpparently the Congress intend.
general provieione quoted and dieaueoed above ehould
apply in this situation. These provisions give the Attorney donor;
authority to determine the plddlllf incarceration fbr all federal
_ 92 . n . * ,'_
prisoners. There is no logical reason why these provisions should
not be oPPlioabls here." ' ' ~ ~< ~' .< .
Judge Goddard concluded, Ffhe relatar presented no eon-
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vinoing evidence that her oonfineaent was cruel, inhunan, or un-
usual.t Accordingly, nu conclusion is that the relator's transjnr
to Bing Sing prison nae lawful and that her confinement in
Q n neisls-sen Ch, _$_0eQ n0e lssgasisnq.. "UP IIIIQIIJEIJ 7' 95$ 92l IIIIIU-I015
the leaning of the Eighth dnendnent -of the donetitution ofthe
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' _ 1 On doueaber 8, l95l, Emanuel H. Bloch, attorney for
the Icsenbergs, filed with the Circuit Oourt c;'Appsals, second.-
Uirouit, an appeal brief, the main
statute under which the Bosenbergs
lijth, and_8i:th Amendments to the
to establish sujyiciently definite
B! the conduct of the trial judgepoints Q! which sere a! theui
uere'tried violated the First,
U. 8. Constitution for failure
and certain findings of guilt;
deprived the defendants-of a
{air jury trial; o! the trial court committed reversible error in
adnitting certain Qcvernnent evidence; d! the eentence inpoeed by
the trial judge constituted cruel and unusual punishment in
violation qf the Eighth Amendment.
' On February 85, l952, the U» 8. Circuit Court ofhlppsals
Second Circuit, unanimously qfirasd the conviction oj'Julius and
Ethel Rosenberg with the opinion written by Judge Jerome Frank. I
dealing Iith the various points raised by the defense oounsel, Jud
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valid under the First Alendment, as well. the ccununicaticn to
a foreign governnent if secret material connected with the nation
defense can by no fcrijetohed reasoning be included within the . _ . 1 . 1. 92 ' ' . - - " "'~.area of the first Jlendment_prstecting free speech-' In conwsnti
on the defendants attach ccainst the reliability of the dovernmev w . , - v, I - - .
witnesses, Judge frank observed as follows: lbouhtleee if that .
testimony were disregarded, the conviction could not standi- But
where trial is by jury; this court is not allowed to consider the
. - . -
credibility of witnesses or the reliability cf testimony. -
Pnrticularly in the.Federnl Judicial system, that is the juryis
» a
province. He was referring to the testimony qf the Green-'
glasses. Judge Frank, in connecting on the instructions to the
Jury of'Judge laufhan that Urn the Icdsral Court a defendant can
be convicted upon the unccrroborated testimony qf an acconplice
whose testimony satisfied the jury of'the defendants guilt bcycn
a reasonable doubt," said, "Bo instructed, the jury found dsfenda
guilty. laced with such c verdict this Court is obligated to ass
that the Jury believed the evidence unfavorable to the defendants
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jvdyeis alleged fault had been inadvertent and added that the
fudge had 'been extremely courteous to as and afforded as lawyers
every privilege that a lawyer should espect in a criminal case. - . . e ' ,. _ _ -, s 1 _
Boon after the denial of this motion, counsel for the Bosenbergs;
summing up for the jury, stated 'me feel that the trial has been
conducted. . . with that dignity and decorum that befite'an
_ - _ V *
American trial. Still later; the sane counsel said that the y
dovrt conducted itself as an American fudge. these remarks, by
a highly competent and experienced lawyer; are not compatible mit
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think the judge stayed mell inside the discretion allowed him.
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In discussing the testimony of Elisabeth Bentley, Judg
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Frank stated as follows: VLf the jury believed hen; she supplie
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the missing lint connecting the Communist Party with the Soviets.. _ _ '_ . ¢__- 92-- _ E.
Union, and making Communist Party nenbership probative sf active, _ . _ .- I. . . _ ~ . _ ~ up ~ u
intent to aid_Russia." Judge Frank on this sane point continued . s . _
follows; "Ihether and how much qf_that kind of evidence should»
.,_ . . - .
cone into a trial like this is a matter for carefully-exercised
_ E s.
judicial discfetion. Ie think the trial judge here did not abue
___.A.I__. I . .
ration," _ _ , I
In discussing the testiong of David Greenglass that _
Julius Rosenberg took a proximity fuse from the Emerson Radio
Company where he worked, and gave that fuse to Russia, Judge
Prank stated, "At any rate, the testimony was admissible to show
an intent on Julius part to aid Ruseia.'» g "
In ruling en the defbndants' argusent that it has an
abuse of discretion for the trial judge to impose the death s_
penalty in this case, Judge frank said; "Unless me are to over-
rule sixty years of undeuiating Federal precedents, we auet hold
that an appellate court has no power to modify a sentence. - -
further discussion of-this subject_su colleagues think unneoesso
He then_refbrred to the argument of the_defendants that the deat
sentences in this ease violated the Eighth lnendnent sf the'U. S
Constitution which forbids cruel and unusual punishment, and the
test urged by the defendants to indicate that a punishment was
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cruel and unusual was that it shocked the conscience and sense of
justice of the people of the Uhited States. In connenting on tht
Judge Frank stated, ":3 all likelihood, it would be - - ifthe
evidence was as_the.Bosenbergs depict it: They say they acre
sentenced to death, not {tr espionage, but for politioal-un-
- . _ . - L . I --
orthodoxy and coherence to"t_he C-onuunist Party, and that they had
only the best of notiyss in giving information to Russia which,
at the tine, was an ally of this country, praised as such by lead
ing, patriotic Americans. But the trial judge, in sentencing
the Rosenbergs, relied on record evidence which shoes a very
dijyerent picture; L] this euidence be accepted, the conspiracy
did not end in 1946} while Russia was still 'a friend, but, at
the trial judge phrased it, continued during a period when it
was apparent to everybody that we were dealing with a hostile
nation.' Judge frank pointed ts the testimony of Government
witneeses indicating that the conspiracy continued up through 195
Judge Frank continued, This dourt cannot rule that the trial jud
should have disbelieued those witnesses uhon he saw and heard
testify. And, although the indiotnsnt did not charge, and there-
fore the jury did not find, that the Bosenbergs intended to harm
the United States, the trial judge could properly consider the
'injurg to this country's! their conduct, in_exercising his
discretion as to the extent of sentences within the statutory.. vI ' 1 . . ' ' ' ~ .. ' .
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Pith regard to the test suggested by the defendants,
Judge Frank stated,"1ssuning the applicability of the community-
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sap that the consunity is shocked and_outroged by such sentences
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resting on such facts. In applying that test it is necessary to
treat as immaterial the sentences_given or not giuen! to the
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other conspirators, and also to disregard what sentences this-Co
would have imposed or nhat other trial judges have done in other
espionage or treason cases,'for such matters do not.adequate1y
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be held that these sentences are unconstitutional." 5¢58236-12
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On March 11, 1952, a petition for rehearing was filed
on behalf of the Rosenbergs with the Circuit Court of Appeals,1
Second Circuit. In this petition the sane points raised in the
prior petition to the Circuit Court of Appeals were raised with
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opinion Judge Frank stated ". - . in the Roaenbergs' case, an
essential element of treason, giving aid to an enemy, is irrelei
-/
to the espionage offense." In discussing the defendants argunen1- u ' _ _ I A - . _ - _92 .
coneerning cruel and unusual punishment, Judge Frank ruled "This
argument, we think, involves an unfounded assumption, i.s., that_
-.' ' -_ -- 1' ,' 92 . -w
Congress will always authorize the death sentence for treason-
Iithout that assumption the argunent uould oonps1 the strange 7
conclusion that if Congress in its discretion, authorized a
maximum twenty-year penalty for treason, no greater punishments
could be given for espionage, sedition, or a similar crime mithoui
its becoming cruel and unusua1.'" 5'582351255o1293! _
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. On October 13, 1952, the United States Supreme92 7 .
Court denied a petition for a writ of certiorari filed on
beholfqf Julius and Ethel Rosenberg. At the sane tine, an
r _ _ .. _ _application of the national Lawyers Guild for leave to file
o brief oe onicue curiae val denied by the Suprene court.
* ' -- - 65-58236l364On October 28, 1952, a petit§on for a rehearing
on behalf of the Rosenberge woe filed with the United States
Supreme Court. The pointe rained on this petition were that -
the Roeenberge were subjected to a treason prosecution under
color of a charge of conspiracy to commit espionage and that
the admission of evidence concerning the Communist affiliations
of the Roeenberge was highly inflammatory and prejudicial and
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on the part of Judge Irving Iaujnon. The.petition also.
claimed that the Supreme Court had the power to modify, vacate
or eet oeide the death sentences imposed by Judge Kaufman.
On November 1?; 1952, the United States Supreme Court denied
the petition of the subjects for a rehearing by a vote of
eight to one. Ir. Juetice Frankfurter fi1ed'a lenorandun__
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the record of a trial in a district court and that in the case
of the Rosenbergs the "Circuit Court of Appeals fbr the Second' ' . _ 92 . .
Circuit was deeply conscious of its responsibility in this case - a < a ' o- 1 5-sazsa-1133! - »
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1 A petition nae filed by the defendants under
Section 2255, Title 18 of the United States Code to vacate'
the convictions and stay the execution of the Rosenberge. Thie
petition was referred to federal Judge Sylvester J. Ryan of the
Southern District of New fork, who on December 10, 1952, denied
the petition of the defendants to set aside their convictione.'
The various grounds listed by the defendants were substantially
as follows;
a. Pretrial and trial publicity including press
releases precludedthe defendants from having a fair trial.
92- .
bl The arrest of Iilliae Perl and publicity therefrom
during the defendants trial prejudiced their case. _p_
c. lhe Government knowingly used false testimony of
David dreenglass at the trial. _
d, Government witness Ben Schneider perjured
himself in stating that he had not seen the Rosenberge
froa the time he too? their photograph until the tine of
his appearance as a witness at the trial, inasmuch as
Schneider had been brought into the court by the Government ";
to identify the Roeenbergs the day before he testified._ _ . ,
.- . 1 ' .
, e. The Government falsely classified atoeic data .as being secret, ' _. 7 . .~-". " -- - " -_=j
.. _ _ . . 1. ~- -
In an affidavit filed in opposition to this notion as
an answer to the claim that pretrial and trial publicity
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precluded the defendants from having a fair trial, Myles J. Lane,
United States Jttornsy for the Southern District of Jew fork,
_ i . . __ I r '-- . ' n- ¢_-
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' u "Counsel for the Rcsenbergs at the trial who, w
gincidentally, is the very sane counsel making the loving »
petition on the instant application, stated in open court .'
after the jury had returned its verdict of guilty as to each
of the defendants as follows; '1 lawyer does not always win t.
a case; all that a lawyer expects is a jury to decide the case
on the evidence with nature deliberation. I'feel satisfied _
by reason of the length of time that you took for your
deliberations, as well as the questions asked during the course_
of your deliberations that you examined very carefully the
evidence and cane to a certain conclusion. The Boscnbergs
counsel on summation stated; 're feel that the trial has been
conducted and we hope we have contributed our share with that=
dignity and decorum that befits an American trial.'"-t - 5-sazao-13449!
In his opinion dated December 10, 19.52, Judge Ryan
stated as follows: "I,find no relevant or material issue of
substance raised by the petitions, which requires a hearing
thereon or which renders the taking of oral testimony either
necessary or helpful. I have concluded, after affording the
attorneys for petitioners full opportunity to argue the legal .p
problems presented by the petition and to nake prcfjbrs of
proof] that the petitioners are entitled to no relief; that the
court which rendered judgment had jurisdiction, that the .,
sentences imposed were authorized by law and are not otherwise. ¢ _s _ . . .
open to collateral attack on any of the grounds urged by the
petitioners, and that full and complete enjoyment of the
constitutional rights of petitioners have been extended then
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and have in no may been denied or infringed. These petitions
were filed twenty months after the verdict af guilty was
returned by the jury,_fol1oming_a trial which petitioners. , A ' p
attorneys stated, 'had been conducted. i .zifh that dignity and
that decorum that befits an_$nerican trial and that defense
counsel had been afTorded.'euery privilege that a lawyer J
should expect in a criminal case." .
egard to the pretrial p
, Judge Egan
reasoned as follows;
FA reading of the newspaper articles submitted by the
petitioners reveals nothing of an unusual or inflammatory A
character. The articles seem but a fair response to a
legitinate public interest in a matter of vital concern to
all» Q I The accounts of the arrests and subsequent indictments
of petitioners tended to allay a public anxiety and to give
assurance that those charged with the protection of vital
information were alert and diligent in the performance ej their
obligations. A ;
_ 92
In further discussing this point, Judge Ryan stated;
"The trial began on larch 6} 1951, shortly less than seven
months after the arrest of Sobell, the last defendant to~bs'p
taken into custody. Any public prejudice mhich night be
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the area_fron which the taleenen were drawn - an area where
92 e I _
eccurrencee no matter hon eeneational lace their name u¢1»¢_
and no longer attract public interest after a much shorter
4 _ .
epace of time than eeven nonthe.' ». 4 .-
- In diecueeing the publicity attending the indictment
and arreet of Iillian Perl which occurred during the trial, .
Judge Ryan remarked, "There nae nothing unusual in the
procedure fbl1omed.f Judge Ryan further etated, "By affidavit
the United States Attorney now reveals that it was not until
March 6, l951, that he cane into poeeeeeion of evidence
euficient in lam to euetain Per1'e indictment for perjury.
This eatiefactorily explains why Perl was not indicted until
March 13, 1951, for perjury alleged to have been committed
on August 18, 1950, and on September 1l,pl950? The United
z
States Attorney further etatee that the_Per1 indictment
hae not yet been brought to trial because of a purpose
on hie part to prevent aiecloeuree which would interfere
nith other proeecutione. I nay not on this hearing pry
into the reaeone which prompted the prosecutor to adjourn
the trial of the Perl indictnent. I accept the explanation
given; certainly the delay doee not warrant drawing the . e
inference which the petitionere press. Again, as to the
- 108 -I
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indictnent af.Perl, there is not the slightest proof that
any of the trial jurors read qf the arrest or indictment of
Perl or that_it_case_to their attention in any lannsfe A,
' _ . ' 1' 1' ' " .
defendant may not demand that the machinery of lav 71%, r
snjbrcenent be stopped while his trial proceeds, or that -
the prosecution of others, who, as he, are charged with e
violating the law, be held in abeyance until his trial has -
been completed, =v -_ ' .
_ Iith regard to the lkjhnse allegation that the
Government knowingly used false testinony of David Greenglass
at the trial, Judge Ryan stated as fbllovse _ -"92
' " "Rhea he Greenglass! has pressed on the trial
as to the exact time when he had said he would nuke the state-
nent, Greenglaes testified 'Ibu can't pinpoint me on when I
said I was poing to give a statement, because I don't
remember those things. Questioned further on the aubject
he added that he hadn't read the statement since and I
certainly don't know exactly chat I put in it but he added
that he hadn't 'conscientious1y' withheld any facts that night
and that the statement he had then made was substantially
the sane as his testinony in the trial. At no time did"-.. 1- i - n 1- < .
petitioners, attorney call for thfproductian of the state- .-
.- - . .,92 I '
sent, er ask the trial judge to_ezanine it jbr the purpose
of determining whether it did, in fact, contain statements
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a
contradictory to the testimony he had given on the trial-
Nb request was made for a direction that the statement
be delivered to the p¢¢¢¢¢tn¢r-"a¢£@r»iy- for use on their h"
- . e A I I
extensive and searching arose-ecanination of-0reenglase¢'
Judge Ryan added, "I do not have to consider the afidovite
.- - , t 1
of Special Agents Lewis and rrutkin to arrive at a finding '
that there is no factual basis for inferring that Greenglasef
testimony was perjurious or"that it was knowingly, willfully
and intentionally used, Full opportunity during trial
mas available to petitioners attorney to demand at least
a preliminaru examination of Greenglase' statement; no ' °
such apolication was nods. I do not feel called upon
to now examine the statement on the flimsy shaming made."
_ Iith reference to the Defense contention that
it was improbable Grsenglass could have reproduced from
nenory sketches of the lens nold_and the cross section
of the atomic bomb which were introduced as evidence during
the trial, Judge Ryan opined, 5Petitionsrs new submit
affidavits from three individuals, represented as experts
in the field of physics, who express the opinion that it ie
_ t -.
improbable that Grsenglass could have reproduced the sketches
from memory. A fourth affidavit from a scientific sriter 7.
or correspondent for a newspaper records his opinion as to _
the '$npossibilitp' of Grsenglass' being able to make these
_ _
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sketches from memory. It is upon these opinions that
petitioners would have me find that Greenglase gave
perjurious testinony concerning the oircunstancee_surrounding
the drawing by him sf these ezhibite.f lone of these {bur '"
qffiants could possibly have seen exhibit 8, which had been
impounded, f if t h' h P. = _i4 ¢ - ' t
' F Exhibit 8; referred to by Judge Ryan, was a sketch
' ' I ' .
of a cross section of the atomic bomb prepared by Breenglaes
and which dreenglass testified to as being a recollection of
a sketch he furnished to Rosenberg in September, 1945. ,
._<" Judge Ryan also said,-"Opinion evidence when ofyereda
by one who has neither observed the witness while he testifies
nor ever seen him is inadmissible in any trial and may not
be considered by me as the basis for a conclusion that
perjury was coanitted.' . is _
_~_ The Defense also contended that the testimony l
of Ben Schneider, Government rebuttal witness, was perjurioue.
Regarding this point, Judge Ryan stated, "It is not disputed
that on the day prior to Schneider's testimony he had been -
brought into the trial courtroom for the purpose of seeing
whether he could identify Rosenberg as the person nhose
photograph he had taken. There was no notice for false? f
hood on the part of Schneider and there is not the slightest
v , .... ' - _
evidence that Schneider's testimony on this was intentionally
false. I hold it to be on an immaterial point because the
- 109 ~
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-qr-petitionere Eoeenbergs! did not deny on cross-examination prior
to Schneider: appearance as a witness that they had been in
Schneider's store." /
- -._ ,. ._ v
- -» _- Judge Ryan'continued; - y @_i_t- "1 _,
_ "The vital portion of Schneider's teetinony nae
his recollection of chat Jaliae Rosenberg had told hie; on ;¢;
that a sharp ieene was raieed-and it appears from the verdict, _
to have been resolved by the Jury adversely to the petitioners-
The challenge now made to Schneider's testimony does not stamp
hie as a perjnrer." _ _ "~ ' no -;- "-;_ ; . .
Regarding the defendantie claim that the information M
" - a
which they conspired to transmit should not have been classified
secret, Judge éyan said;
"They defen ants! contend that there was nothing
informative or new about the details of the high-explosive
lens used in atomic weapons, that the theory underlying the
use of the lens and implosion has been known for many years.
They have listed the nanes and authors of various treatises
and'te:te in the field of nuclear physics, and fro; this would
nclnde that the experimentation in the nee of the
atomic bomb which was disclosed nae a matter of public
knowledge, .. Certainly; mm cannot say that in the United States
this information has been made public, nor can we eesane that
--up--en»
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aw.
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I
contention that the classification of this inforaation woe
arbitrary, or that ths'Uhited States Government had infbrnatien
bate» could have led it it believe it was »q11¢x»¢»n.f. , '
1 ". - .'. . .- . - -
1 . ' 'Judgs Ryan also opinedgc "The clain now aade by»
" ' ' ' . -1-, - _1 4
petitioners cannot be said to constitate newly-discovered '
evidence, The very basis of their_argument that prior[ *
knowledge of this use of atomic energy is revealed by the
. 1
recorded experiments and treatises of numerous physicists
was evidence available to then during the trial and an issue
¢ - ' .
which could have been presented then and censidered_by the
. if _
jury in its determination of the nature=of the information
which petitioners conspired to transmit. This issue of fact
was presented to the jury by the trial judge; it was resolved
against the petitioners; it may not he retried on this
- as-58236-1432!application.
r
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AQTIOI or 119; c1s£_Q.I1 .
On Decenber.8l, 1958, the Circuit Court of Appeals,
Second Circuit, unaniaouslp affirned the prder of Judge Joan,
_L, I -_ , _ .= I
United States District Court, dieaissing the defendantefnotisn
under Section 8255- fhe opinion in the Oirouit Oourt of Appeal:
was written by Ehiqf Judge Thomas iron. » '
* l In discussing the alleged prejudicial newspaper L
publicity, Judge Swan stated, "ihen a defendant believes that
pretrial publicity has been such as to render impossible the -'
eelection of an inpartial jury, there are I811-flcogniled method
of raising this issue before the trial oonnencesi at may novi
for a change of venue or far a continuance until the public clan
shall have subsided. the petitioners took neither of these oour
On the voir dire the prospective Jurors vere carefully queetione
as to whether they had read or heard about the case and a jury
was selected satisfactory-to the defendants, who did not even us
all the peremptory challenges pernitted then» Jar do they allep1
that any trial juror nae, in fact, prejudiced by the publicity
new asserted to have sade o fair trial impossible. their presen
position is obviously an afterthought inspired by the hope of
reversing the verdict by appeal and petitions for certiorari.~ n. . P ._ . , A - _. _ .- t -
excuse offered by ceuneel,for the loeenherge is that he did not- r . - ' ' .
realise at the trial the extent and the inflansatory oharacter Q
the publieity ae it could not have been revealed to hi
- 112 -
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usual sporadic reading of an average newspaper reader, and he
was so busy that he 'read the newspapers infrequently. lat
Q! he did eet reeliee it, there ie ee reeeen to enppeee thee the
jury nae sore seriously ajfected¢'5 ~. '
» r ln jrther discussing the latter ef publicity, Jhdge
Swan said, the best that can be said in the instant case is
that, at the tine of trial, astute counsel decided that the .
publicity did their clients no harm, and BOD rant this court to
decide othereiee-' A '
___.__:.__ 4; _n.l__J, -1 _ -_ _ ___._ _...UBII any was IJJ IF I 0;
_ - - I
the statements nude by the United States Attorney to the press
that Perl had been listed_as a witness in the Rosenberg trial,
Judge Swan stated, Qhut the essence qf the wrong dons the
petitioners does not lie in the intent of the prosecutor but in
the prejudicial publicity which may cos to the attention of the
jury. Ihen publicity believed to be prejudicial occurs during
a trial, the dqfendant lay love fpr a mistrial or lag request the
trial judge to caution the jury to disregard it, In this case tn
- Q,
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petitioners eentencee, the United States Attorney etated to th
court, iir. iogge protected hie innocence at the dFFi§ieni.
'Ihrough Ruth Greengloee, hie wife, cane the eubeequent reoanto
of theee greteetatione, and repndiotion of the dieoleeuree of t
';n.¢. by both of then. on the baeie of thie etotenent the; '
e
petitionere argue that the teetinony woe fhlee and knoen to he?
falee by the prosecuting qfiaer. Jhdge Ryan eaid that when re
in oooteet with all the prooeedinge on April 6 he did not regar
-- _ - - -_ - -. - .- - Jpn Q . e - .-
F GI GB Glillil H51 Ktrllllldll IOU Glliiflll PCFJIITI ORG F5
there woe no factual baeie for inferring that perjurioue teetin
had been knowingly need. It agree. It ie notable that petitio
wade-no mention of these focte on their previoue appeal elthoug
then well aware qf then.?
e In dealing with the allegation: that David Greenglaee
could not have prepared eketchee jron memory and hence hie
teetinony woe jnlee, Judge Swan etated, rhie ie nothing new,
for at the trial, the defendante, on aroee-examination, had bro
out en. details o; !_Ireenglaee' education, with en; patent pgrp
qf persuading the jury that he had lied. 1! eupport qf their
renewed oeeertioo of hie perjury, defendonte.....preeented the
qfidooite of four eoientiete who eepreeeed the epinien that .
Greenglaee, with hie linited education ae ehoun at the trieg co
not have node the ehetchee from memory. Bince none of then tne
Greengloee, none wae in o poeitien to give an opinion about the
enenllin nf hie nennru lohieh- an nutter nhnt kin lducertinn- newWIT. 1' w v w q1.. ----v--J -v- ---w-- ------ ---- w------V---I --I
- 114 -
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If "'..M. "1 ev
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have been amply saficient for this parpose....The affidavits he
solely on the credioiiity of his testiaony and that issue mas pr1 92
erly subaitted to the trial jury for decieisn," : 1-
F Regarding the testimony qf Ben Bchneider, Judge Bwan
said, 'Undge Ryan nae correct in ruling that there nae not the
slightest evidence that Schneider's testimony was intentionally
Jules and that in any event it was on an ianoterial point, i.e.,
identification of the osenhergs as persons whose pictures he ha
taken, since the Roeenbergs had not denied that they night have
gone to his shop_for that purpose, a1though1Jh1ias Rosenberg
categorically ineistsd that they were not passport pictures."
Iith regard to the defendants claim that the inforaat
transmitted should not have been classified secret, Judge Swan
stated, "Ike petitioners'ne:t point is that their conviction shm
be set aside because one item of inforaation cloeefied as eecre
which they were charged with having conspired to traneait to
Russia, was so generally known that transmitting it was not for-
bidden by the lhpionage Act. Ihie aatter use thoroughly diecnee
by Jhdge Ryan. Ii have nothing ts add to hie spinion except to
say that United States I. Heine, 8 dirt, 151 P. PDQ, 818, open
nhich the appellants rely is so different in its {hate as to be
eeIP1eteId inappOeite,e -_'_-1's "' . "A "7
ls to the questions advanced by defendant Iorton Sahel
that he should have been tried under the treason clause of the
Constitution rather than the Eepionoge Act, Judge Swan opined,
- 115 - _
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¥¥§§§Wlt was raised before the Bupreme Court in the petition for
rehearing which was denied, Aoeuning without decision that
- --_
iiiiF
under Sectionop- toe be eeent ,11 -5414..-i i'YX
3255, me hold that it is without we:-it," 5-53236.
I4
,' - On January 2; 19585 Judge Irving R. laujman, District
Court, denied
clemency. In
as follows:
. Ia
heard counsel
petition, butthe application of Julius and Ithel Rosenberg for
the course of his opinion, Judge Kaufman stated
response to this application, I have not only '
at great length and studied the aejenaants?_ _
also have re-studied the oolusinous record of the
trial and refreohed my recollection of the demeanor of the
witnesses. Be-examining the question de nouo, I am again compel
to conclude that the defendants guilt - as found by the unanino
V _-_ _ . _. . _ . .. ._ .._ _. A _ ¢,_______ _ , _ __ _ _ AMT_ _ _ - __.__ _.__.__4 le Ml ,;_,_.__.v. ~- ._ ,_L_ _,.__1 7 _ . .
United Statee court of lppealei I an alee convinced that theee _
Iitneeeee told the truth. ilerefore, we obeerve eeveral judicial
_ deterninetiene atteeting to the credence of the challenged - _ -
Government eitneeeeee' - ' - l »
. I H ___ __ __ _ A_ ' .__
, Jhdge Zadfhan continued, "rhe ieeue ehich nae conjronte
thie Court, therefore, ie whether, aeevning the guilt of the
defendante, and the overwhelming character of the evidence rendcre
each aeaueption inescapable, there nevertheleee eeidtother
' coneideratione which would warrant reduction qf the eentence.'
- _Jhdge lad/nan alee etated, "The Court, hoeeoer, hae had
a eolcnn truet placed in ite hande by the people of thie land and
I an convinced that any change of these eentencee by thie Court,
in the light of the evidence adduced in thie oaee, could be al
violation of that truet. Devotion to dutg and juetice Ivet prevail
over action which could be attributable only to the cnotioneq'
- _ Judge laaflan aleo opined, The Boeenherge were not
minor eepionage agente; they vere on the top rung of thie con-
epiracg. Jhline had direct contact with the representative of
the foreign Government, to nit, lheovlev, a Rueeian vice-canenl
in lei York City. Be had contacte with other repreeentatiuee of4 .
_n_.._
1--.
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E
3
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the U;S.8.R. or diepereed large alounte of Rveeion eepionage funde -
Jwr eaanple, the $5,000 given ta Greenglaee to {Tee the jvriedictian.I .1
He nae alvaye the principal recruiter for ecientiete and techniciane F-
ond the guiding epirit of the conepiratore. And at all tinee
- 117 -
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v_.
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, D4-;-I.-2- QTIQQ I 1|-4JlQ __ n-elm; Jun Q-|-1---1- .J_J.-1-;
aided and abetted and advised her husband.
1 . . . 1 .. . r ' _ 92 . 1 . .
' In discussing the letters received urging judicial
. - ' , s . - ,- _ - ; __ 1' ' .'e . ,
elesencr Jhdge'1huficn_said-as_fo1lovs;' In the zany letters
urging judicial clemency, unich have been submitted to this Cour
the ousrshelsing preponderance qf shieh ere is response to e seL
serving solicitation by counsel fer the losenbsrgs, it has
' :
frequently been urged that the sentences Iere unprecedented,
being the first such sentences isposed,for peacetime espionage;
J hasten to correct thie lieappreheneion and emphasise, therefor
that the sentences Ieresnnt ilposed for peacetime espionage but
for mortise espionage. Ihis Court would not have the power to
impose these sentences for peacetime espionage. The letters
referred to,,for the greater part, indicate that the writers has
heuer read the record, are unfasilicr iith the fhcts in the case
or have been misinformed concerning then. Sons qf these uriters
I4 4 in Q Q Q II Q e A3 Q1145IOU |.vI I '-"-
n
1
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we are engaged in ear; then continue to traffic in our eilitarg
DIG?Z
ete ehen this al1egedly_friendly country hecoeee hostile to. » ~" I P." . 2 .
es and lgOQOl.i e cold ear Iith seericar" Ie oah ezpect citie4
of a, r, _ a
| , _'
foreign nation te do everything to benqfit their countrg,1
no hope e right to expect Anericanl not to enliet in e conspire:
to d
ally
But
1945
sigh
thieestroy their one ceuntry.'eh _ - so ' _ "
' II answer to the Bqfeneebcontentioe that Russia nae on
at the time this criee was coeeitted, Judge Iaufban etated,
the Besenbergs urge that Russia was our ally in 1944 and
and hence this Court in ieposing sentence eae using hind-
t. 1% accept this contention ie to approve the theory that
ie not a Qeuerneent of reepeneible civil and eilitary lead:
charged with the duty of deteraining chat military secrets are 1
be g
anyiuen to a,foreign power, but that the decision rests with
individual who eight be disgruntled with the determination
lads by er leaders en matters qfecting our security. Such e
dove
III
Idti
diet
punt
and
pone
deferneent, it is obvious, could not long e:iet.'
lb dealing with the defendants contention that Bueeic
LL_*.IQ_ ______A_-_ J. _lI.__ 4.I_ _L .ll_ .__¥_._._J__A_ Q l____
B Jrienuly country at III time qf the sranelieeinn qf Infor-
on Judge lbafhan said, '?urthereore, Congress uieelg did aoi" - . ,_' .92 - _| |
inguish between a griendlu or an eneegfceuetry in presorihn
shnent_for eats QfCIPiO¢QleI Ihe lac nae intended to proti
to keep inviolate our nilitary secrete from all foreign
re. Continuing, Judge Ihufhan stated 'Ihat right have thl I
ndante non to cry; '$bseia was our ally, when they were the
1"-19 -
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very ones caught with their bands in our pockets trying to filcl
!
1T0: their own country this Isapon which, were its secret inviol
sight have been crucial in_enistaining peace Iitn the post-ear_
esrld. It is apparent that Russia was conscious of tbs fact tho
the United states Lad the ene seapen ebicn gene it eilitarg
superiority and that, at any price, it lad to Ireet that euperio
from the Uhited_Statee by stealing the secret information cancer:
that eeapon. the tragedy of it is that it eas successful.
In answer to the defendants claim that the infornatim
which allegedly eas transmitted was net secret, Judge Iaufhan .
stated ¢8f011DIls _ _ . 4_ g_ me
"The defendants contend that the acts of which they
have been found guilty were not detrimental to the United States
or Q! benefit to the Sauiet Union, becanse the infereatien sbieb
ens transmitted to the Russian agents was not secret but nae
available in publicly distributed scientific periodicals. lat -
it is ludicrous to assert that the defendants elaborate precauti
to escape detectien and the fartive conduct chick characterised
all their acts as members cf tbs Soviet-run espionage ring Iere
3 .' ,
directsd_at the attaineent of inforsation'alreadg in the public '
dolain.' » - _' * ' _ ' - I 'h_ A
. _' 1 92- I
~ Iith relation to the sentences passed en other con-
epiretcre in tbie can
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have received lesser sentences. Indeed, this Court imposed a
ICIIIF IItIOI UPON R8 O0-Clpiftfy DUUIG GFCCnQ1GIIs fhlfl
are several unsnere
emu nlra-tar and him-'----.---- --_'_ ----
out co-conspirotoreto this. lhe degree of implication of each
eubeegoent did to the Government in_ferretim
must be considered, Julius and lthel_h_. |
Rosenberg mere the prime movers in this conspiracy; into it they
sucked David and Ruth Greenglaee,...Iot of little importance is
connection sith the Greenglass sentence, is the cooperation mhic
the Government received from him, a jhctor mhich I publicly stat
at the time sf his sentence deserved consideration from the -o
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_from our own. Qf course, both Iuchs and lby plead guilty.
: Judge Kaufman aleo stated, "This Court has ne doubt
but that if the Bosenbergs mere ever to attain theirfreedom thq 92_ _ - _ . ..
would continue in their deep-seated devotion and allegiance to
Soviet Russia, e devotion which has caused them to choose martyr:
and to keep their lips sealed. the dqfendaants, still defiant,
assert that they seek justice, not mercy. Ihat they seek, they
have attained» Despite this, I must neverthelese consider mhethe
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PITITIQI FILED TOR EIIQUTITE QLEFRHCY '
On January 6, 1953, an order nae eigned by Dietrict
Judge Irving I, Kaufman, Southern Dietrict_qf lea fork, and_
. __ " , _ _ I ' '
consented to by lhanuel I. Bloch, Attorneg,for the Ioeenherge,
and Igloo J. bane, Uh 8. Attorney, Southern Dietriot qf
Fen York. lhie order granted a etay of execution of the "
defendante nhicn had been eetfer the reek of January l8,
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of a loot eerioue crine againet the people of the United
Statel- fhep have been found guilty of conepiring with intent
and reaeon to believe that it mould be to the advantage cf a
foreign power, to deliver to the agente qf that_foreigm '. _ , _.e 1 ' - ' ' _
power certain highly eecret atonic infcrnation relating to
the national dqfenee cf the United Etatee. the nature of the
crime for nhich they have been found guilty and eentenced 7
{hr ezceede that qf the taking cf the life cf another citieen;
it involvee the deliberate betrayal of the entire notion and .
, . _ _ _ ._
could very mell reeult in the death of many, many thoueande qf
innocent
in fact,
_4.__
providedcitieene. By their act theee tmo individvale have, ,
betrayed the cauee of freedom for which free men are
- g at this very iovr.
Preeident Eieenhouer continued, 'fhe courte have
every opportunity for the eubnieeion of evidence
hearing on thie cane. In the tine-honored tradition qf
American juetice, a freely eelected jury cf their fellow
citizene coneidered the evidence in thie caee and rendered
ite judgnent, All righte of appeal were exercised and the
conviction of the trial court Ice upheld after fall judicial
reviemg including that of the higheet court in the land,
I have node c carcfvl ezanination into thin case; and I a:
eatiefied that the two individucle have been accorded their -
full meaevre cf Jvetice, There hae been neither new evidence
nor have there been mitigating circuuetancee which mould
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justify altering
it is my duty inthis decision and I have determined that
the/interest of the people qr the United
tes, not to set aside the verdict of their representatiuee,'
=sa2s6-sub ea!,1 - ., _
- On Iehruary 11, 1958; the Circuit Court of Appeals,
Second Circuit, granted a stay of execution for the Rosenbergs
Supreme Court sf
accompanied this
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W n June i, i953, Judge Irving E. faufnan denied a
notion nade on bebaLf1qf the Hoeenberge to eet aeide the.
death eentenoee.' On thin notion lianuel 810:8, attorney fer
the eeenberge, argued that the indiotnent nae_dqfeotioe in
' I ' -;- ' 1 A_ ' - '
that it did not allege that the aonepiraoy toot place in tine
of ear or nae intended to take plaoe in tine ef ear. Baeed
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on tnie'aeeunption, lleon alleged that the eentenae ebou1dgnot;:
have been more than teentg Ildfle In eppoeition to tbie notion,
United Staten Attorney ldnard J. Lunbard argued that the '
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eentencee.. The haeie for thie notion nae that Judge Iaufhan
had considered the fc11ouing,factore in eentencing the
Roeenberge: a! the-Roeenberge' devotion to Soviet Rueeia;
o! mg. Kaufman ciaeeified the Roeenberge ae traitere, _ _ T
uhereae, they mere not charged
had an intent to injure the United Staten, Ihereae, the indict-92_92 -n '- _ - . .
no traitore; o! the loeenberge
nent charged traneuittal of idfornation for the advantage qf
a foreign country; and d! the
Judge Iaufnan in an atteept to
Roeenberget. - Q
- ' On June 5, 1953, thedeath eentence ice ueed by_h
coerce e conieeeion grog the
Circuit Court qf.lppea1e, the
Second Circuit, denied a notion for a etay of execution which
woe requested to give the dqfendante tine to appeal to the
United Statee Supreme Court from the denial by the Circuit
Court of the defendante' notion fbr a Irit of nandanuet In _
denying thie lotion, Judge Shah qf the Circuit Court inotructe
lhanuel llech that thie notion ehould properly be filed with
the United Statee Bupreue Court. c C
On June 5, 1958} the Circuit Court of dppeale, the
Second Circuit, afiraed the action of Judge Iaufhan in uhich
he denied a notion for reduction qf eentence on June 1, 1958.
A4- On dine 8, 1958, the defendantei notion for a nee
itriai under 2&1; 83 and for vacating and eetting aeide tie '
death eentencee under Section
Code, nae argued before Judge8855, title 18, qhited_8tatee ~
Irving I. Iaufnan. The neaoon
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K -F1"-»=,_..? K ._'wfor this motion was based on tea general grounds: a! newly
discovered evidence and b! the prosecuting avthorities had
knowingly used perjuredtestiaony to convict the Bosenbsrgs.
Ibanuel Bloch, defense attorney, argued that_theh0reenglass
. ' 4 ' - -
testimony relating to the console table allegedly given ts
the Roeenbergs by the Russians eae false; furthen that
statements the Greenglasees had made to their attorneys
contradicted the teetinony they had given at the trial. r
Bloch also argued that a deal had been made between the
Government and the dreenglassee in return_for their testi-
mony and that the theft cf uranium by David Greenglass from
Les Alanoe was proof that he was engaged in independent '
espionage and that in order to eave himself_fron prosecution
for that theft he falsely involved the Rosenbergs.
- It is noted that David Greenglass testified at the
trial that the Rosenbergs had a console table which Jvlias
said had been given to hia by the Russians. Greenglaes
fwrther testified that the table had been hollowed out and
nae used by the 8ooenbergs_for photographic purposes. Bloch
claimed to have recently located the console table in the
hose of Hrs. Sophie Rosenberg, mother of Julius Rosenberg,
and that it eas not hollowed out or altered in any_eay.
_ - . Z ' _ -1 _- ~ .
Bloch also presented an affidavit from a furniture buyer
at lacy's Departnent Btcre, which affidavit stated that the
photograph of this table resembled a type of table possibly
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sold by lhcy's in 1944 or 1945 for $19.97. Bloch attributed
significance_te this_qfidaoit because Rosenberg had testified
that he purchased the console table at lacg's Departnent Store
for about :21...- o ~- . l l i I n
h s In regard to the theft qf araniue, avid dreenglass '
admitted te FBI Agents on larch 85! 10585 that he had stolen
a lanpll Qf araniua_;ron Loe Alaeoe !h!1Q he nae stationed
there but had thrown it into the last River. Greenglase said
he took this as a souvenir and that all eenbers of the
Rosenberg falilg were aware of this fact; " 3
o Judge Iaafhan gave an oral opinion in which he denied
the Roeenberge' notion in all respects. Be stated that in
connection with the allegations under Section 8255, the papers
and argulenie considered in conjunction with the record shoved
the Rosenberge were entitled to no relief; that not one
Qcaeraaent eitaccc had Pecan - -- - -- -ateriai iaeae qf
fact was raised requiring the taking of testimony at a hearing.
at noted that the ajjidanits concerning the console table, pith
the exception qf an qfidauit fro: Joseph_!bntana, furniture
buyer at Macy's, were frat relatives aad'fwrthsr,that at the
trial Ire. loelpn Cozy forner domestic employed hg the f . l
8oeenherge,had testified that Ithsl Rosenberg told her the o
table was a belated nodding gft,fron a friend. Judge Kaufman
also noted that Jaliue Rosenberg had denied that the table
was a gift in his testimony. is said that, assuming the
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table was purchased from lhop's Departaent Store, it did
not resolve the conflict and that the identity of the vendor
So» not iaaortant but that the use of the table I68 important-
Judge Iaafiaa also poihted out Qt receipts Iere predated at H
the trial or at this hearing and that
-- H _ I _- -- - L - _ _
further,_he stated it has incongruous1 , _ '_.
the existence of a dbl!
-erfati iai aoiiittei- '
to say that the I
Oouernaent should have produced the table when it eas sheen by
the defendants on.qfiaavits that it aas in the possession
qf the Rosenberg family. Jhdpe Iaufian also noted that __
Leon Summit qf the 'Iational Guardian, neatly newspaper, had"
no trouble in locating the table. He pointed out that the
information concerning the table furniehed by the Greenglassee
cane in response to questions concerning gfts to Jhlias
B-.-_L¢.-. _- 4 ....l_-__ _-_ I
naaenuerg loans G
table played an iqfiniteoinal part in
also stated that the jacts oonoerning
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Concerning tne_theft of uraniun by David Greeng1oe|
Judge Iaqfnun questioned any Oreenglaee Iould throw the
eroniun in the rioer*ond aeted hon thie theft tended to
inolioate innocent nenbere of the jhnilyt Aer etoted_it nae- _ _ . __ r I v . _-v . '
fair to ohoraoteriee_the oonolnoien of the eefendante eei _2 _. - I _ . 1 t - 1.- _ _ 92_ - . , _ __.. _ .
nneupported and incredible, _» "§=F b, ;+::-4" ;IT-- A ' - < .
A Gonoerning the etotenente of the Greongloeeee node
. . -' ' n -'-. __ ._
to their attorneye and the {not that the defendante nought ;
to attack tat oredi . eon =
nonte, Jhdge Iaufhan etated it nae olear the etatenente ' '
referred to general infornotion eupplied by David Greengieee
to hie attorney concerning etatenente he lad,furniehed to the
FBI. Judge Kavfnan pointed out that on oroee-ezanination Z-
Dovid bad testified he had given oi: or eeven etatenente
one had not renenbered all of the detoile of hie ootione in
hie firet interview. fie Jvdge aleo pointed out that Daoide
teetinony had been corroborated by hie life, lhrry Gold, end
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naterial; and e! evidence is of such a nature that on a
new trial_tne newly discovered evidence uould probably
_ _ >- -, . .- e.
produce an acquittal; Judge Kaufman noted_that not one a~. e ,
Covernaent witness had recanted, lb etated the guilt qf
the defendants nae established overwhelmingly and the present
alleged evidence did not in any may diniaieh the strength
of the Government's case; Judge Kaufban denied the notion for
e new trial, as well ae a etay of execution requested by the
Anfandnnl-
W ". I' 1,! I I
On June 9, 1953, lhanuel Bloch appeared before the .
United States Court of Appeals, Second Circuit, and requested.
a stay of execution pending an appeal to that court of
Judge Iaufnan'e denial for a new trial and arrest of judgment
dated June 8; 1958. The court refused to grant a stay-
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It ie noted that Farmer
papers in the Rosenherg
attorney from !'_enneseee
caee and who claiaed tohad attempted, in the poet, to file
oaee. B? nae deeorihed ae an
_.. V. .. _ _ - .,_ _
who had intereeted hineelf in thei; *
. . I _ __
have attempted to have Bloch bring
up certain pointe qf lav, farmer indicated that Bloch had
refueed to follow his ad
nae acting ae an indepen
raised by Farmer on this
denied a fair trial, ind
at the trial and witness
Exhibit 8 was the ehetch
atomic bomb. It should
nae impounded, and the u
defence couneel during t
point that the Rosenberg1 .
vice and, therefore, he, Ihraer,
dent attorney. One of the peinte
notion nae that the Roeenhergs were
enuch ae Ibhihit 8 iae impounded
ee were excluded. It is noted that -
prepared by David Greenglaee of the
also be noted that this exhibit
itneeeee were excluded on lotion of
he trial.! 'Fhreer also raieed the
' P . V '
e should have been sentenced under
the Atomic Energy lot of 1946 inetead of the Espionage Act
and that pureaant to the teree of the Atomic lhergy Act they
i
could not have received a death eentenoe unless the jury ee
recommended. this notion nae referred to Judge Iaufiant
On Jine 15, Jadge Iaafna
1 4. --on--_ f_ 4.. ~4-r_'l'Q J-ll
follonee The defendant
thie litigation by aoune, i .- '1
n denied the notion filed by
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of habeae cor-pue on behalf of Juliue and Ethel Roeenhergt
fhe papers euhmitted.ehou not only no outhorieation_for the
petitienere to tot, hut'it it quite clear shoe the petitioner
and hie oouneel are nothing ehort of intruderelend interlepere- -' ' .' . * 1
in thie litigation. ~ - > '. ;'. fr_ _ - -
.
my On June 13, _l958, hanuel Bloch, attorney forthe ¢_
Eoeenberge, appeared before Supreme Court Juetioe Jaoheon
and made a notion for a etay of execution. _ Juetice Jacleoll 7
heard the aryunente from both lloch and the Government
attorneys and he then referred the nutter to the_full court *
to be heard on June 15, 1958. On June 15, 1953, the,fh11
Supreme Court denied the application for a etay of execution
node by the Roeenherge by a ue to four deoieion.
an 4uo- l§- zooe. follo!ina'the denial o» eo- ' I I I If ' I ' "
United Btatee Supreme Court for a etay of execution, the
defence attorney made an oral application for a mrit of
_ ___.
' I W -- - _' -- " " 7' ' 'T _ k ' '-'--- -- t4+--~~-_-t-4-=._, __._ ___ _¥_
A é QM
92
been transmitted to Russia. e! Lack of intelligence and
i .
education of David dreenglaee te pass the information con-*r;r :1:
oerning the preceeeee involved in constraoting the A-honht *
---. " mlrgmggim 5-58236-1?4s,t1i?s2! Q '7 u ;.
On June ld, 1953; Justice Douglas of the Supreme
Court requested the Rosenberg defense attorneys to submit
their petitions for a stay of execution in writing. On
this date, Daniel 0. Marshall, attorney, Zoe dngelee, and _
T fghe farmer, attorney, appeared at the Supreme Court and - t
attenpted to file petitions for a writ cf habeae aorpue on
behahf qf the Roeenbergee Their action in attempting to V g
file these writs was oppoeed by Enanuel H. Bloch and John.P.
e finerty; attorneye_for the Boeenbergs; These petitionsfor
a writ of habeas corpus were heard by Hr. Jhetice Douglas
. l~' 1 -
in his chambers. The main point nade by Iarner and Marshall
in their petition wae that under the 1946 Atonic Ihergy Act
the death eentence night he impoeed only upon the recommenda-
tion of the Jury and then only when the defendants were
U .
charged with intent to injure the Uhited States. farmer argued
. ' 4" . .,." ' JJU
c that, inasmuch as the conepiraog.for which the Roeenhergs were - ii_
1" 1 . ' .1 ... K _ _ - - .
- convicted connenced in 1944 and existed until 1950, the pro- A ' @~
vieione qf the Atomic Energy Act applied_ts the sentencing _ hrl f£
rather than the prouisione of the Espionage Act of 1917- Om .
Jhne 17; 1958, Hr. Jhetice Douglae granted a stag of execution
in order that the question raieed_bg Former could he argaed 7
in the District Court and nore euidenoe received in order ts
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determine whether there eas nerit to farmer's Qrgulent, In
granting thie stay, Ir. Jhstice Douglas stated, It ie
important that the ooontry be protected against the nefarious
plane cf spies who would destroy us. It is also ilporiggf
- IJ iFi ii Ill!--_~ . . -¢ _ _ _ _ _ _ "
' . ~,. .
he sure P emphatically eure - that we aot within the
'- . I - -e ._ . .
1au._ if es are not sure, there ail! he lingering doubts
to nloyue the ooneoieoce"after the soentif I have eerious
doubts whether thie death eentence may he imposed for this
qfenee except and unless a Jury reconnends it» The
Roeenbergs should have an ooportunity to iitigate this
ieeue-" er. Jhetioe Douglae stated that he felt it nae a
substantial legal queetion uhich_shou1d he decided after - a
V ' " -
full argument and deliberatione 5_53g35-;595!
. . AOn June 18, 1958, R. Bo1and,Ritche, Attorney,
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of thirty geare inprieonnent, Jhdge Eulveeter J} Ryan,
Southern Dietrict of lea York, denied thie notion on
-"ll" 18- 195:. as-5,8236-1av9!
7 . _- On Jane 18, 1958, Arthu_| _ . 92 _' V _ . .r Iinoy, attorney, lee fort
City, filed on behalf of lhanael lieoh a petition_for_e etay92 -' a :' V ,..| - .
of execution haeed on the argument of rghe Iarner that the 7
Atomic Inergy Act eapereeded the Iepionage ion cf 1917. ifhie
petition requeeted the Court to fa! vacate the eentence and
dieniee the indictment, or, h! vacate eentence and direct e'
new trial, or c! grant a]fu11 hearing on the ailegatione
contained therein. fhie notion mac denied up Judge Iauflan
in all reepecte on Jane 19, 1958,
the Roeenberge. 5-53335-1359!
i?@1¢§1 _~*@e _ _,__, _, 1
I r.
prior to the execution qf
_ _r 92. -
>- o_ _'._' ex
On Jane 19, 195$, a epe
Statee Supreme Court, which had h
Tineon in order to review the eta
Dcuglae on June 1?, 1958, vacated
Ir, Jhetico Douglaei The opinion
by Hr, Jietice Jackeon Iith uhon
Chief Jaetice Yineon, Ir. Juetice
[Po Juetice Clark and er. Jhetioetic! eeoeion of the United
een called by Chief Jhetice
y granted by Ir. Juetice
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long-drawn proceedings. The eole ground etated nae that the
eentence may be governed by the Atomic Ihergy Act of Auguet 1,
1946, inetead of the ear1ier_lepionage Act. fhe crine here --. _I _ L . , .,
involved nae connenced June 8, l94¢.' fhie nae more than tno
- r 1 ' _
yeare before the Atonio lnergy Act nae paeeed. All overt cctl
pertaining to atomic energy on which the Government reliel
toot place ae early ae January, 1945. the 0enetitution,"* -
Article I, Section 9, prohibite paeeage of any er poet factc
Act. If Congreee had tried in 1946 to make traneactione of
l944 and1945 qfeneee, we mould have been obliged to net
euoh on Act aeide. To open the door to retroactive criminal
etatutee Iculd rightly be regarded ae c moet eericue blcm to
one of the civil libertiee protected by our Constitution. Yet
the eole
may have
the only
enacted.
that theground of thin etay ie that_the Atomic Energy Act
retroepective application to conepiraciee in which
overt acte mere committed before that etatute nae
In join in the opinion by er. Juetice Clark and agree
Atomic Inergy Act doee not, by tent or intention,
eupereede the earlier Ihpionage Act. It doee not purport to
repeal the earlier Act, nor afford any groundeifor epelling
out a repeal by inp1ication.' Ir. Juetioe Jhckeon aleo etated,
rut. etny ie not and could not be baeed upon any doubt that c
legal conviction nae hcd under the_lbpienage Act. Application
here for reuien qf the Gourt of Appea1e'decieion ajfirning the
- 139 -
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conuiction was refused, 844 U. 8. 838, and rehearing Iater
denied, 344 F; 8. 889.¢sJater,_respoosib1e_ond authorised- - r. _ _- < _ . . _
counsel raised, aocng tin-»:..ti¢, qusstions as to thegsenteno
. . - V - ,
and an application was nads~for stay until they could be heard.
its application pas rofsrrod to the full Court, eith tho racon-
_nsndatisn_that the 1:1; Court hold immediate hearing and so on
institution Idil a prolpt and final disposition qf all cusstion
__c_ _ or. Justico Jackson continued, Thus, after being in
Inns fora before this Court suer nine loathe, the merits of all
questions raised hp the Rosenbergs' counsel had been passed I
upon, er foreclosed by donials. However, on this application
we have heard and decided a new contention, despite the irrsguL
manner in which it I08 originally presented.
In discussing the nanncr in which this stay was
granted, Ir. Justice Jackson said, This is an important
procedural nattsr of which as disapprove» The stag mas granted
solely on the petition of one Ideluan, who sought to appear
so next friend of the Bosenborgs. qf course, there is
power to a11ou an appearancb in that capacity, under circul-
stances such as incapacity or isolation fro: counsel, which "
i - _ , , I.
lake it appropriate to enable tho Court to hear s prisoner's
sass. _lut in these circumstances the order uhich grants--o
IUc1nan's standing further to litigate this case in the
tlcmenfgggnot be justified. Iaellan is a stranger to the
- 140 -
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Rosenberge and to their case. His intervention nae unauthorizm
by then and originally opposed by their counsel. Ihat may
be Idellan's purpose'in getting himself into this litigation
_ Y1'
s _ . - . . ,.
does not appear that his own record is entirely olear or that
- . 92 - ,
he would be a helpful or chosen companion. fhe attorneys who l
appear4for ldelnan tell as that for two nonthe they tried to '
get the authorised oounselgfor the Rosenberge to raiee this;"
issue but were refused. They also inform as that they have
eleven more points to present hereafter, although the authorise
counsel do not appear to have approved such issues. The lj
Rooenberge throughout have had able and zealous couneel of thsi
own choice, These attorneys originally thought this point had
92 -_-on . --»--
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einply had been elboued out of the control of their cane.
Continuing, Ir. Juetioe Jaoteon etated '....thie precedent
preeente a threat to,orderly and reeponeible repreeentation
qf_aooneed pereone qnd_the right of theneelvee and_their oeunee
. . _
to control their own eaaee. fhe loner court refueed to aooept
lde1ean'e intrueion but bf the order in queetion neat accept '
him as having etanding to tote part in, or take over, the
Rosenberg oaee. fhat euoh disorderly intervention ie more -
likely to prejudice than to help the repreeentation of accueed
pereone in highly publicized caeee ie eelf-evident, re
diecountenanoe thie practice. In diecueeing the death
eentenoe, Juetiee Jaokeon eaid, Vacating thie etap ie not te-
be conetrued at indoreing the uiedon or epprepriateneee to ~
this oaee of a death eentenoe. That eentence, however, ie
permitted by law and, ae nae previouely pointed out, ie,
therefore, not within thie 0ourt'e power qf reoieion,'
o er. Jhetioe Clark wrote a eeparate opinion in which
he nae joined by the Chief Jhetice and Ir. Jhetioee Reed,
Jackeon, Burton end Hinton. In hie opinion Ir. Juetice Clark
etoted ee Jolleret ¬8even tinee now have the dqfendante
been before thie Court. In addition, the Chief Jhetice, ae
v1 '-" .. 92 92
well oe individual Jaetioee, have eoneidered applicatione by
the defendante. fhe Court of Jppeole and the Dietriot Court
have likeniee given careful coneideretion to even more nueeroae
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applicaticne than hoe this Court. The defendante were sen-
tenced to death on April 6, 1951. Beginning with our rqfueal
. /-
to review the conviction and eentence in October, 1952, each
of_the-iveticeo hoes given the noet painetaiing ooneideration--
to the caee. In fact, all during the pant fern of thie ¢ourt
. ' ' "J. .' '
one or another Jhoet of thie litigation occupied the attention.
- . 1-
qf the Court. At a Special Tera on June 15; l953;'ve denied _
for the eizth tine the defendants plea. The next day an
application nae Jdled contending that the penalty provieione
of the Atonio Energy Act governed thie proeecution;.....
Ir. Juetice Douglae, finding that the contention had merit,
granted a etay of execution." Hr. Juetioe Clark oontinued, _ 4 .
'Tmnan livee are at stake; we need not turn this decieion on
fine pcinte of_procedure or a party: technical standing to
clain relief. Ior did Hr. Justice Douglas lack the power and,
in view of hie fire belief that the legal ieeuee tendered hi:
were eubetantial, he even had the duty to grant a'tenpcrary
etag. Int for I8 the ehort answer to the contention that the
Atonic Energy Act of 1946 nag invalidate defindante' death
eentenee ie that the etcete hnergy eat eennet here epply.,.,
Ihere Gongreee by more than one otatute proeoribee a private
course of conduct, the Government may ohooee to invoke either"
applicable lou:....lor can the partial overlap of too etatutee
lurk a pro tanto repealer of the earlier Act." ' '
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Hr. Justice Clark also stated as fblloue: Wsection
4 Q Q. J 1
Q minis IA 4. QAQAAQQJQ l_-e-44-. --Ueyg gun one I-UIIUUII, I&_Pf'I.78I-I-Q
provides that Section l0 'shall not exclude the applicable
provisions offany other lcus¢§..,' an unmistahable reference l' - .> -- 4 . 4- - . ' ' _ 92 a.
to the 1917 Ispionage Act. therefore, this section of the "
Atomic Energy Act, instead of repealing the penalty pro- -
visions cf the £spionage'Actg in fact, preserves them in_ *_ I 92 ._' _r A, . . f.undiminished force." 9UP ' " HI _ a ' _
s.e__ _ __ _ __._ _- _ I_o_. ;__. __-__4 ' _
l '1 Jig 8088?, _ .
Government could not have invoked the Atomic Energy Act
against these defendantse' The cru: of the charge alleged4
1-
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'_
the Boeenberge were {bond guilty by o jury of a grave offense
92 . - . - ' ' .
"in tile of Iar.. Unlike other litigants they have had the rig
attention of this Court seven tines; each tine their pleas '
have been denied. Though the penalty ie great and our respon
sibility heavy, our duty ie clear." 5§58236-1902! g
. On June 19, 1953, the Supreme Court of the United
States denied a lotion for reconsideration of the question
of the Oourt'e power to vacate 1+. Justice Doug1oe'e stay
order and to hear oral orgunenti _ " '
_ On June 19, 1953, the defendante' notion for o
further stay of execution was denied by the United States
Supreme Court-
,On June 19, 1053, Ir. Juetioe Frankfurter turned
1
down Fnanuei 3lochs petition for a writ of nandaeue to the
Circuit Court to grant a stay, pending appeal. Ir. Juetioe
Jackson aleo viewed thie petition and said that he would talk
nith Bloch but would deny the petition. 5-58236-1845!
On June 195 19535 following the decision of'the
Sugrels Court, Dwight D. Eisenhower, President qf the United
states, refused to grant executive clemency to Juliue and
Ithel Rosenberg. In thie refusal, the Preeident,etated, .
8ince its original review proceedings in the Rosenberg case
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coneidered numerous further proceedings challenging the
Rceenbergs' conviction and the sentence imposed. Iithin the
' ' _laet tmo days, the Supreme court; convened ii a special session,
1" 0 ' - -.4' .~ _§ '. _ -. .
has again reviewed a further point mhich one of the justices 1
jilt the Boeenbergs should have an opportunity to present. ~
This morning the Supreme Court ruled that there was no aub-
stanco to this point. I am convinced that the only conclusion
- . ->,. 1 __ - -
ma fun: n ii; Ihmnnhnrnmire. i I U1 B IIII JIUBQIIIIQI U
have received the benefit of every safeguard which American -
justice can provide» There is no question in my mind that
their original trial and the long series qf appeals constitute-
92
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The President continued, "Ihen denooracy's enemies
have been judged guilty of c crime as horrible as that qf
which the Rosenbergs were convicted; when the legal processes
of democracy have been narshaled to their nozinun strengthf'NV ' n ' ' . 1- ' - ..; 9292 - _ __ _ i . .. _ - -
to protest the lives of convicted spies; when in their lost
.- . ' I - - _,
solemn Judgment the tribunals of the United 8tates_have
adjudged then guilty and the sentence just, I will not '
intervene in this latter." " -_ ' ; l ;,
. 1 - l
1135 Ro.s;gs§g~;qs 't ,LAS,l'_4PP$.4§ - '
92 _ _ _."
On June 19, 1953, Judges Prank and Swan of the
Circuit Court of Appeals qjfirned_the decision of Judce
Kaufhan denying 0 stay qf execution earlier that day. '
At 8:05 p.a. on June 19, 1953, Julius Rosenberg
was executed at Sing Sing Prison, Ossining, New fork.
-v
At 8:15 pin. on the sale date, Ethel_Rosenberg was executed
ct Bing sing Prison. = -- ' c
-i &,, .1; ~ M .
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C0 y[T_lTSf-SI'TLIP '7 -t1___'_r..-3.-:~
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aith ite eztenoioe procedure for appeal, the loot of _'_t_ ,~
appellate opportunitiee under Conauniet-etyle juetioe etande
4 -92 -. -.-out» "fin!/'/rwM//IH#F/?l//lP?P/Ff/if//IP71?! l
"Since Stalin,P. ?1J mu
of "swift juetioe.' Thie uiea nae denonotrated in the trial
4-I II4-¢L-U -IUFIBUqlgn-nu an ABusing unu I
Rueeia in Jhne, 1938. On June 18, 1938, the Soviet preee
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three eentenced to 1!]! inprteennenie fhe eleven condemned
nen rent to the 9011000 et: days qfter they were condemned.
, 'Time' magdzine, December 195?!._= " e
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After the execution of the Roaenberge, an atteapt woe
I
made to elevate the atonepiee to the pooitton of martyrdom.- . i --o. _ . - I ,
£9: - th the !t£JBQ eta hot.eehee tte 5&$!_A!!r!e95'iI- . ~ - , - 1 _ . .
. . __A_, .> V - n_P?9Pa9anda aotivitiee. I e r_j"l l t*;"l t?'i i-
v - _ , u 92, . > . - .
. _ odn tten of intereet which occurred after the_e:ecutton
of the Rooenberge appeared in the Jhne 81, 1953; ieeue of the
"low lorh Journal American. The nothere of the Boeenberge had
returned to their reepectiue apartnente in Jen fork ¢ity. -
Representatives of the IOSJRC were on hand at both halal. They
eere ehoeed away at the hoee e! hret reeete QPQQEQZQQQ; Ethel'e
lothlfo - ' ' n ' i z
According to thie newe report, two women who said they
were oent by he Committee attonpted to pain admittance but more
rqfueed, Outeide Ire. 0roenglaee' hone a crowd of about SQ etoo
_ _ u.
quietly. One nan reportedly eaid, "I've known that couple all q
their ltveo, They are absolutely no gooaf They broke their
hothere'heerte and ruthed the ltoee of their htéet they jtet we
to note nartyre of thenoelvee for the Rode tn_Rueeia3'
fhte none account further reported that the mother qf
Jbliue Roeenberg had been aocoepanied to her hone on the night o_ - - v - . _
the eeecation by a girl who announced'"I'n.fron the Iotional
Connittee,' fhte girl refheed to allow a neue photographer to
take her picture. A ehort tine thereafter another woman agpeare
ht the eoor of !re= Eeeenherg ena roppea on the aoor.!or
- wee .
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Rosenberg door, She etatedl eI'n Ihilyi I use cent here by *3;~ .
onnittee," She aleo gained admittance, .
. _ /'
JF¬ZIQFiLeQ9MH1TT§§ IQ 359535 lQ§$I@3HlF,T¬E .
ROSENBERG QASE AND THE §0SEHB§RQ FUHQQAL r= _ x;
J'iil'¢T'5.l iT'?'iFliiiii J6? iii iiienvergc _wIrI care- - . . . ¢_ -_ _ .
fully planned by the I0$JRO, The ICSJRQ ieeaed invitatiene to.. . ., . . . r__ 1- . - _|_o_ .
the funeral eervice, eet aeide a preee eection in the chapel forI ' _. - _ 1 -_-92 _- 4 . . -. - .
reportere and organieed the cortege to the cemetery; I 1 - ,~. 92 92 i ' . , . V -
- a I The funeral for the Boeenberge was held on Sunday, Jtm
315 l958,_in Brooklyn,_Iea Iort;_uhere approximately 850 pereone
attended the eeruice within the chapel while an eetinated 10,000
. _.,
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is not Adrid justice. America today is living under the hand
of a military dictator garbed in civilian attire.
Following the some line the Notional Committee of the
Communiet Party ieeued a etatenent on June 83, 1953, signed by
Iilliam_l, Foster, Ilieabeth Gurley llynn and Pettie Perry.ohorg-. . - .. ; - A _ _ _' J
'inq that the Roeenberge were Qfoully murdered bu_the Joined Jbrc¢
of Preeident lieenhower, Jttorney General lroenell and J, Edgar- 92 . -
Hoover. In the aocueation, the Uommuniet leadere called for e'... - ' < ' ' -' e
"halt to the litlerieation of America by the Eieenhower - Browne;
- _ - .,. , -1 - 92 -, ; - ' , 7 . , .
John Edgar Hoover forces," who were deecribed ae working hand-in-
glove with a 'ewoetika-minded Senator, Jbeeph Hcarthy, and
"hie gonna." The Communist Party etatenent charged that the
loeenberge were brutual1y murdered by an act of Iheciet violence
and deeoribed the Roeenberg trial ae e mockery of truth and o-'
Juetice. The U18. Supreme Court, the etatenent contended, woe -
illegally reconvened to take up the etay of execution granted to
Roeenberge by are Juatioe Douglae and "it met with a pistol to it
head in the form of impeachment threate, in an atmoephere of a
Southern lynch tonne" ' ' l . ¢- i"
fhue ended the largeet Communiet-inspired propaganda
and preeeure campaign in our.Iation'e hietory to eaue two Gbmmuni
epiee. Ion that the Roeenberge are dead, world Gommuniem will
probably continue ite oropagonda_oanpoign_to martyriee then ae e
oiotime qf_"[email protected] A_ _,: * i 5 i§I]?5@* H 71
V o but the Roeenberge in the eyes of the non-Uomnuniet nor
were guilty of the loot heinoae crime an individual could oomnit-
~153-
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they had betrayed their country's secrets,
Their slavish devotion to their Russian masters lads
nookery qr the love owed to their parents and children.
If _~, tin inpoeing'the death sentence, Judge iaafiii dealers
"Indeed; the defendants, Julius and Ithel Rosenberg, placed r
r eeaee above their een_personale;!ety and were
I. r
conscious they were sacrificing their own children should then
misdeeds be deteated- - - -all df which did not deter then fro
* .
pursuing their cause. Love fvr their cause dominated their
lives n it was even greater than their love for their children
ML w=.vL2 ¢0KI-UH;-sL1'B.LQl ; 7 » s . i
The formation of a Communist front to lake lartyre'o
the Rosenberg: was in reality in keeping with the age-old
Communist trick af using as a vehicle of Red propaganda some
contemporaneous eueni, " - . J -
_ Lf the American public is new sufficiently aware of
4 92
thie Qeananiet ruse so as to recognise future propaganda sf]!
qf the Communist, then some good has resulted from the Red's
:1
devious eohenee, Jneriosne in the future will he alerted to
handling American justice in the Anerioan way without it
beooning a denaunist propaganda springboard, A jgx - _ 5. - . 92. .- . .- . ,
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/ouglos lmbeachment Move ItAttacked in _On'e-Hour H earingi
.J ,LA '; Welter §oys Wheeer's Motion Helps A
' Reds; Turpiiude Charge Dropped'_ .;
By Allen Drury_ 'A House judiciary subcommit- 92
itee adjourned today after hear-
lm only} one hour oi testimony
{by Representative Wheeler.
Democrat, of Georgia, on his
resolution to impeach Supreme
-Court Justice Douglas. =' Chairman Graham, Repub-
'lican, of Pennsylvania, said the
,subcommittee probably would
report next Tuesday to the full
Judiciary Committee.
The sudden end came after
¢Mr. Wheeler was told by a fel-
low House member that his at-
tempt to impeach Justice Doug-
las gave the Communists a. ma-;
ior propaganda weapon at the}
time of the executio of atom~ piesJul' dlttl b .granted a stay 0! execution tothe Rosenbergs. l ' -
Mr. Wheeler defended his res-
olution at the hearing, but Rep-
resentative Walter, Democrat,
or Pennsylvania and other com-'mittee members were critical. 1
Mr. Wheeler began his state»
;ment by backing away from s
.eharge oi "moral turpitude'
which he made against Justi
Douglas in a. House speech yes
terda At th t tlm y. a e, he sai
the justice had been involved in
a divorce case in Portland. Oreg.
Before the subcommittee today,
he said he had based his state-
1 ment oh material he read in the
newspapers. He said he con-
sidered it "unfortunate that the
least serious charae I held
against Justice Douglas got thmost play." '
_The imnlication carried in thl , .s ius an _ sen eri
The Georgia Congressman in-
roduced an impeac t resolulution after Justiceg Dougtas 92 See DOUQLAB, Page A-3.!
' . 1 J ' t / 92.|:i»l.L_L/v-/=19 J 1
GONTNNED LL mFORMM=92&'§SS92FlEDHERElN923 liliv BY </z_ Auaiezal?-¢:-56/,3§?k l#
INDEXED-at
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a -* LaddK Nichols
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Times-Herald
lash. Post
Wash. News
Wash. Sta:
N.Y. Herald Tribune
a _-
N.Y. MirrorI
195a
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<&92'
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7? or _.:-' A-P.-. ..s--.:.-:'
i _ Continued1"mm First !_age.!
. Wheeler said. "The divorce pro-
-ceedings in Portland did not in-
. volve Justice Douglas."
§ Did you look into the charge
'1 Yurself? Ivlr. Walter asked.
{N No. Mr. Wheeler replied.
: "Isn't that a rather loose war
tor attacking the integrity oi I.
yiustice oi the supreme Court?"
YM.r. Walter demanded.
' Mr. Wheeler said that to him
1T-I18 newspaper account; indi-
cated something which might
tend to brink discredit on the
court. -_ .
t "You realize," said Subcom-
[Qiittee Chainnan Graham, Re-
hlican, of Pennsylvania, "that
hat you have quoted up to this
oment would be mere hearsay
any court .01 law."- ' - -
Mr. Wheelersaid he thought
the charge of treason might
stand up better. but on this point
.he again ran into trouble from'-' the committee. - ' '
Mr.'Wl1eeier said he thought"' Justice Douglas had made state-,
ments similar to those put out;
by the propaganda artists of the L
K1-emli.n." It was then that Mini
iWaiter told him that he woul !ibe surprised at the prcpagand '
[value to the Communists oi th
diimpeachment proceedings at th
time the Rosetlbergs were awaitfing execution. l ' Li "1! everyobdy who held.th~ Mr. Wheeler sali he felt Jus-
itice Douglas gran ing oi! a stay
10: execution was an impulsive
iyielding to aclamorous partisan
Qgroup!. He asserted that the
justice delivered a pruited state-
.rnent on the case only one da?
5 after he had heard the appeal by
gthe Rosenberg lawyers. He said:
he did not want to imply there:was anything wrong about thilhibut it looked Peculiar to him. ,
"II your interpretation is cor-
rect that would be malpractice,
wouldn't it?" Mr. Walter asked.
Mr. Wheeler said he assumed
.so. _ Mr. Walter pointed out that
the framers oi the Constitution
had reiect-ed malpractice as :.=ound for removing a judge. In- L
ad, he said, they granted
dges tenure "during good be-
avior."_ - -I - . _; _ .
Unless you have more than
901-I presented to the House." Mr.,
I
I
r" < _ -"'- W ' ms."irn1'=lr belle" 1 ' D0Ug|qS11 fl i'yo:iml:aven't gjadeiout a case F
92 -' e __lpresentingtot_,heHou'_se.ft_.
newspaper story was false," Mr. . wheeler conceded thatl 3' * 0 I 5 '
_ _-wr-'-1"-"""" _ '< E érm ' Specication; 7:3-5.
. is ' 7 A 92
. 1 - -. - _. - . i :-
enwhich I would feel ll!-$9111!!! in
C
under past denitions oi treason. in
Justice Douglas actions mighty
not he encodipaaed. ill-itthat 1!"
treason were to be linteriirw-l
in a liberal fashion" they milhlbe. ' .. . '
__ _ .| _..-_ .--.._-
Asked- to Cite Overt AcL- Dspe
l ch
sociate justice or the court
B01111 ma disrepair." -.- 2;.
ohis House speech yesterday.
Mr Wheeler listed these other
urge oi high crimes and mie-
eanors warranting impeach-t:lt,.'_ ' ' pcincatious to support
in l i '
1. Conduct unbecoming an
In Ann--. +..-..-Ii-... 0.. |.....s.....1. nuuauu ucuuuag vu Ull. ,. .
3. Public statements bf Mr,
glas indicatinl he had preU - g-"Can You cite any overt actiolh waged °""- 51. - ;. .7 1 7' --
e has committed which would 4. Conspiracy. e
On the score of moral turni-dlmie irelwnablf-1°°i"1m";rude; Mr. Wheeler asked tn. Graham asked. Mr. Wheei- hgifusg to subpoena records of
er said he didn't think so unless vorce case in Portland, Oreg
the denition at treason couldbe in Whih DB Sud ML D0 : _
stretched. - T_
"We bell _ ..e right oii
tree speech and the right oi a
justice oi the supreme Court to
express l'|.lrnsel.l'. Mr. Graham
said, "Where has he- said any-
thing trcasonable?_' . .
Mr. Wheeler explained that he
thought Mr. Douglas as.a 811- as
reme Court justice should be I
ttle more careful about provid-
g w'e'ap5n.s for psychologicalarfare," than i! he were I D11-
latelcitiien.-" '.
When Mr. Wheeler cited
speech Justice Douglas made
i951 critical oi some aspects
American foreign policy.
Walter remarked bluntly; _
views were incarcerated. $11 -
population would be sadly de
pleted. It seems to me that he
a very familiar rint- .
Depth of Charges Mentioned-_
ltltlrpush subcommittee mem-
bers did not say what action.
they would recommend, Mr."
Graham at one D011 111 T-11¢;
hearing remarked to~ it
Wheeler; V ' ,
Tm afraid that. as a layman.
you do not fully comprehend the i
depth or these charges in the;legal sense that we, as law¥era.?',lmow and understand." e I Mr. Wheeler concluded hisi-esti:.'92.c'.i..' or mains that-. whethd
er or not the subcommittee-1
recommended imiiel-¢1'1!11e11i'-. 119$
believed his resolution would still
have served a ood Plu'p°5¢- H9
said that ii it did no more than
i locus attention on the need tor
tightening up the law "it willhave accomplished somethinl-'_ v1 Mr. Walter remarked that the .commute: les are full oi ll.peachment pi-oposa1e..most1y by
unsuccessful litigants who tl_11n_k.92
J udiel ought to be 0ti.sted._ -I-";':£ll
"This isn't {novel experience?
§ior us," he remarked dryli. E'-o-r-or. Ii ,1. ..-in--92....L..'. 1:-at. L-'. - J» .~92'92.. =.-__I
1
92i
r-_
t l1
v
4-750 Rev. 4-17-85!
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indicated, explain this deletion.
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lnfonnation pertained only to a third party. Your name is listed in the title only.
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| 92 ¢
we. 3 I . rm-2|_ uu. BUREAU _ _ is-ITIONr§'»* *"r~ 9* '.Ii. _ ..7 - 1 1-_§-92'u_;_- -=i.W '*-5, -< ,_1' 'i»,¢~ I
|-us CASE ORIGINATEPIAT__ *1 - HE:-I YORK
lllplf gg|g_q_1,g_-~--=,.i_»- "_ - 1r PIIIIOD rol IIPOIT Ill Iv . tart 9 .*"éiF-?95' rzszm, - I
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_ 1-|1'|_| " Iznulnofn or out 'AMERICAN LITHUANIAN_ WORKERS? INTERNAL SECURITY a Ré . LITEARY ASSOCIATION, aka: me!3i_1§_ 8:: LITHUANIA ' 4_- T _L_£'._e__t_uviu arbini __ Literature? ' - INTERNAL SECURITY ACT
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Habii in existen e on or subsequent to September 23, 1950, and
;;QQi} _ failed to ister with the Att General as rovided' " tionInternal
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- .3 -I5 62 JUN 23 1951
1-.aQ*=_' 92r . The American Lithuanian Workers Literary Association was
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NI 109-H§h53 _
T. L". T.I. D
92/.,_ The April-MsyéJune, 195k: issue ' - "I
of vie:: on vase h2-h6,contrins an article captioned:%X"For omnn fbout "omen" by P. BINEL. ' '
In this srticlo the following is stnted.Qn pgge M6;
"-..an6 inall7 like in tut darkness of theFr rk of day, in the Flnnmy night op cur lite, THEL A/T"*#;Q$?NB"RG shone in the night. This youns mother?T'two _;;
¢t11t¥TF'w@nt to death with hor He"d rrisc high for her _
idorn, her id; ls. Inero will com; r tivo, when there
will ho no city in Tmerict which will not hcvt a strtue
of ETPBL EfSEHBTRG in a square."
Exhibit Numbtr hO: .
"Sviosa issue of gpriln:
mMay~June, 195k , .;.,
p;;;sQ2-ho, article: "For
Woman About iomen by A.Qli '
Witness: Librarian of Gon;rcss,
Library of Congrzss, 1
Washington, D. c.
» or dosvgntcd rtyresantntivt!
cs.
"Tho and of thu ROST¥BERG case is not yet. The
innwccnt wrtn legally murtrod Pro scwctimes given c .
str"n"elj pow.r°ul Force th't in tho fullness of time -
h;1os move willions fntv understanding 5nd action."
Exhibit Number g1:
"Iasscs and sinstroam ,
3eotcmber,=i°gh, prga SO,"r ac e "T t nconquerrbl"' 1 tb§EHTCI4AFlD o :..'!@_=.'3 lg I
Witness: Librarian of Congress,
Library of Congress,
Washington, D.C.
or designated representative!u
L?
i
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I-'-
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91
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