i -/ .. /
>'C*f CiUVTi,rBAS MID DIVIP'CNS
of cW'^lnl Choralith
1. AttcchM hereto It support ralcrltl niil&ble forfielda arcoa.Iteccaa*.ry to counterA>org props* gon^a. Itoncise end factual review of the Rosenberg core fin Houp lo thef appeal for executive cleroncy.
ia divided Into acven sections.
of the Trial.
ffosenbsrg Case end the Coai-unlet Party.
or.6pired agitation in regard to the RostaVrrgs will doubtless continueong pcrlel of Use rCfcerd-lcsa of IXtheir eppeel for cltiioricy, It it believedniB raU-rlOl vlll prove of continuing value lo the field atelier)*.
' v Indicted
pjrJnB40 to OOStulthen the Grand Jury Indicted David Crccnelnss, Avntollice-Co.-ciil In Cho bovict Consulate ot New Yorfc, and Norton CoW-H
Crcci^lnns pleadedbefore the trial sin,ted. TruYovloY fled tho cciMitiy6 hut is still undor indlctfc-nt. ld ho return to Anorlen, ho would hr.ve'to stand trim. *
Wv,2tc* onX'roA:,rllho KcsonbcrEs to "death by sxoc.ttinn, Jluholl to yc-ira In
o date, tho verdict andil tonovo been appealed several tires to tho Circuitealn hnd to tho fSHT ff^f: ho US Court of'rtls con-ri^fJ? Co!locisiontonco, Tho SuproMO Court of tmo United Statog rofused to review the Courto'tls'
hen Koved in1 wrdict. -Viappealed this denial, and thia op-
pear is to to oreucd again in tho Circuit Courtca Isacial session This decision can alsoJed to the ooprcco Court of the United States. Tho Koscnlorgs end Sotoll after that Bill bo eblo to ask the District Court8 VOMHO* tron tho decision on that re-
fl e" application to tho President for executive
v;fl0 Pleaded eulllyeparate
char.so of esplonaco in Philadelphia end was sentenced toears in prison, end Ruth Grccnglnss, the wife of Dr.vid.
3; 'j':jc fij-jt go Vermontrri'luu.to cluctrical cngincor, itehnr testified thatiraribcr of theinist party in Wcshington,io hod joined tMough theoboJl and that as cbair/asn of Klitchcr's CtirrtiuinJst party group, Scbolt instructed mcrfrnxs bo support ccn'-imia'Uy tho cause of Soviet rtu.^la; ttliteher alsoat4d him to procure clacrivfled infOi-i'f.Uoii iihu'it military eonipi'/jnt fi-ora tho KAvy's bureau, of Ordnance whoreorked. Klltcher said Rosenborg told him Poball was nnong those who were ftivins Mri military infe-rua-tion rdr transmission to Russia, Kiit-oJici* he at if.led Hint loth Eobcll rind Re-senborgd Mn for the nnttus:iineorsoroho vjmildsrc.iohisf espionage, of Getting
( . 2. The second govornnunt witness was Psvia GrseiiMless, en army Machinist, who'v.-orked on the atomicevelopmentJ;Tc.ncssce, nnd Losew Kcnico, during tlieGreojigless testified he first learned that what lie waa.working on vas part of the atomic bomb project when Ms wife visited hiia innda that Rosenborg had said Cjccngltss vas "working on the bonb. IVring this visit frora his wife, Creen-glass testified she told Mia Rose fibers vraatcd hin to procure and deliver toist of scientists working en etcjileohj descriptions of txpirir.onto conducted in .tho atomic lal oratory, sketches of icatarials that atonic scientists as):cl binrecnglazs testified his wife said Kosjjiberg also wanted "the"general lay-out of the Los Alamos atomic project, the tuild-ings, cei-cuflege, number of people," oon;;lass testified he avo his wife the inforoation for which Rosenberg had eskefi,
leb, Grecnglass caao to New York on leave, Rc testified Rosenberg cane to him one corning and askod for"specifically anything of value on the atc-micnd said he would return later that night. In neswor to this request Oreenglass testified ho gaveRosenberg sketehes and descriptions of high-explosive lens molds,.end hew thoy wore used in atonic experiments,ist of "soiio possible recruits for Soviet espionage'1,
A tow days later Crconglass testified he went to Rosenberg'o homa for dinner and was introduced by Rosenbergoman nanod Ann Sldorovich. Grconglass testified Rosenberg asked him to re-rcemberace because "Julius said this is tho woman who he thinks would oome out to soe us at Albuqucrquo (where h'j-s. Green-glass lived, near Los Alaoos) to recoivo information from JoysoJf on the atonic bomb," Croenglass testified Rosonborg that nightalso established nn alternate neans of- identification between Groonglass and Rosenberg's representative in case Ann Sidorovich was unab.le to travel*. This-alternate ccans of idootification'1 Grcenglass testified, consisted of. the sideox ofrepared dessert mado of gelatino powder* Grcengloss testified that Rosenborghaped section out of the side- of this Jello box, gave one sido to Ruth Grcengloss nnd kept ono sido for hiiasolf-,
A few nights later> Groonglass testified, Rosenborg drove himiece on 1st AvenueendezvousRussian" vho asked about high oxplosive lenses; the formula of tha curvehe lens, the high -explosive used) and the noons of do tone, lion.
In Junoack in Los Alarms. drconcl'oM .tooUi'lod, heisitanid to him "Julius ncnt uq" 3rd then produced ono wart of tho Jello box which Groonglnss had last seen in Rosenborg's possession, Grocnf.lncs toslJfJcdrubci|uciitly this twin was Horry Gold, who has plcndo'd piilty to COjylttia^c. Cvccngloss testifiedketches of new l'.ns riolda, how they woro u'eed indof theso cxyoris-ontc. ostifled Gold gavoO in return.
InorCrcvn^Xass again wont too.vfc onCr. this occasion. uVconelnosheopretty good dofiorjpllon of theb". as able Lo pruduco iliis description hoe'iueo, in thohis work at Tostcao in contact'with vnrloupworked on dlfforont prirts of thon carlnin apparatus that vent in lo tho bonb, and 1talked of tho borabs and how they that his description involved the prinoiplos, notexcept for tho spocifio lens nclds and other parts ho hUisclf ranufnoturcd. Creonglesa tcotiftod ho gaveagas of written naitrinl,he she ton of thoa description of the sketch. CrcoftSlass0 on this occasion. Onight,Rosenberg told binestolon tho proxinityhewording qjreosigxom oaid thsttypad up his original notesthis mo ting, end these .'ere then "taken end burned in the frying pan and ttcnthe drain" by
Creenglass testified he was honorably discharged from thet los, mid returned to New York. Soon eftor, Creer.glass tcsti fled,offered "to hovo the Russians payt of ry schooling,hould go to Collogo for tho purpose of cultivating the friendships ofad known3 Alouos and also to noQiiire new friendships with people who wore in the field of research, liko physics and nuclear eiorey."
A fewlor Dr. Klous Fuchsarrested in Kngland. ' testified, Rosenberg ccjjc to Oitonglcao cjid told him that >'uchs wasontaot of Hr.rry Gold. Grconglnss snid Rosenberg told him Gold would soon bo arrested, ond Gold's arrest Eight implicate Grccnglnss. Rosenberg alsb sr.id ho was known to Elizabeth Itvntley by namo, ond he was fonrfulht inpllcato bin, Greer.glsss testified. Rosenberg then said Grccngless would have to lcavo tho country and eavoithions to contact the. sccrotcry of the Ambassador of the Soviet Union in 1'exicO City undor tho alias "I, Jackson", Those instructions also entsilbd contacting the secretaries'of tho Anbcasodor of tho Soviet Union inndor tho stotuo of Llnous, Groenglassnd tho Ambassador of tho Soviet Union in Chechoslovakia. Creenglcss tostlfiod ho hod passport pictures nndo and govoets to Rosenberg. Crcenglnss said Rosenberg then govo themrapped in hcovy brown paper. Ha sold ho gave this package to his brother-in-law, Louis Abel.
ficd ho was able to produce this descriptionce in thof his work at Losriw in contact-with various peoplei*ked on difforont parts of the project, rndorked directly on certain apparatus thst vc-nt in lo tho tonb,et people who talked of the bombs and how they worked". Grcengloss testified that his description involved tho principles, not preciso iasurersents, except for" the specifio lens welds end other parts which hG hicself pgnufnetured, Crcehglass testified ha gave Rosen- "
J'if'S of writ-ton nalirial, including the sketch of thescription of the sketch. Orcenslo.ss tcstiflvd RoLentcrg
}0 on this occosion. On this scix night, CrscnglKss
testified, Rosenberg told fcin thatstolon the proximity fuse
'- when he was workingocrcofi iirdio ". Grcoi-jlass said thattyped up his original notes at this Rsetiag,hen "taken and burned in the frying pan and thenthe drain" by
Crcenglass testified he was honorably discharged froot Los Alanos February IMG, and returned to New York. Soon.
lass testified,'Rosenberg offered "to havo the Russians; pay Tor psrt of ny schooling,hould go to College for the
I purpoSE of cultivating the friendships ofad known atleuos and also to acquire new friendships with people who were in the field of rcsearoh, liko physics and nuclear onergy."
A few days after Dr. Klaus Fuchs was arrested in England, Grconglass testified, Rosenberg ceco to Grconsloss and told hina that Fuchs wasontact of Harry Gold. Grconglass said Rosenberg told hira Gold would aoon bo arrested, and Cold's arrest Eight implicate Greenglass. Rosenborg also said he was known to Elizabeth Bentley by name, ond he was fearful she Mght ir.plicoto fclu, Grconglass testified. Rosenberg then said Creenglass would have tD Igbvo the country end gavoithto contact the. secretary of the 'Anbassador of the Soviet Union in 1'exico City under theackson"* Those instructions also entailed contacting the secretaries of tho Ambassador of the Soviet Union innder tho stotuoncus, Croenglass testified ond tho Ambassador of tho Soviet Union in Chechoslovakia, Greenglcss tostifJod ho hod passport* pictures oado ond gave five sets to Rosenberg, Creenglnss said Rosenberg then gave them onrapped in heavy brown paper. Ho said ho. gave this package to his brothor-in-law, Louis Abel.
3. Ihe third government witness was Dr. Vol tor' S, Koski, a' professor or physical chemistry at John Hopkins Univoraityonsultant in tho Brookhavon Ketional Laboratories specializing in nuclear cheMstry, Dr. Koski testified that ha was engaged in
vJ'f*.P'."iR'A AiflS -3
otoMc research nt Jos Al.-nos during tho war, that he sp^clolizcd In -'Iriplosion jescarch" using high explosiveo said ho designed rojrts for Hicbo lenres and took then to tho tench3 no shop,aXass work<;d, InnnufncDr. Xookl testifiedrepresentopy of^vJhot Orowiclnss snid. he (pivo lo Iiis wifo forid later to Rosenbergaoeasonably accurate replica" of niO'CMB design, Ko identified iinother Crccnginssough sheten of ourratntal sot-up forndrJoalonft. Pr, EcsM Uft|fledyl* drJenl vna an entirely new
Tho infornutio-'i involved in tMft GreOnvVvis Rkcfcuh wn$by the Atonicyjf Ccwlttco especially for ;iho .trial, nnd rc-clocslflcd ii.-xdiatoly after the trial.
4. Tho fourthtnt witness was Rath Gr^englass. to testified that Julius Rosenborg had told her thee hisad toldavid was working on tho ntouio both in Los Alarms, and "that he felt the Information ahould bo shared with Russia, that he wonted we to toll David to give info-ration to hin to bo passed on to the Hi>$sinis . . Grcor.glnss testified Xorcnbcrg askedhysical description of tho Los Alcos project, the number of ptoploo natesf tho scientists there, whether tho pieceiooflcgcd, whet the security rtcas-ujvS were, cad the distance of ths project torQUO and Santa Fc. Sha testified Poscnbarghor Ol&O fnr travelto &eo her huob&nd( She testified'-'o her husbandacssngo, and sold hor husbitnd gavo her information Rosenberg hod-refuse ted. She sr.id she ro turned to Kcw York inrote down tho ir.foroellon her husband had given her, end gf.vo this information to Rosenborg.
lfrs. Grtonglass testified that her husband roturnod to New York inhen Rosenberg ca-ac to their houso andwritten inforr-ation from her husband. She" testifiedew nifjhio icier they wonto Rosenborgs and net Ann Sldoravich. Rho testified about the Jollo box and scid that Rosenberg gavo hor one of tho two portions.
Ia Februaryvo, Crecnslcss tostificd, Rosenborg erao to see her.one night when her sister, Doiothy Abel, wasso testified thetlw Minutes of conversation, Rosenberg asked Dorothy Abol "toook ond go into tho bathroom bocauso ho had something prlvato to discuss,"
Inn Albuquerque, she testified Hcrry Gold caoe to theirnd identified hlnsolf by producing his half of the Jello box side. She tootlfiod Ccid esked her hnsbnnd for tho information end that this information was given to Cold later In the nftornoon, Sho tcstifiod Cold gavo her
f%. hhov tv turned to Now
torelnus worked, to lo Mnimfaeturcd. Dr. 'Xe.skIit oiry of whatIco his wife for Xurcnborg r. ido RofmWrg- wascnrjonnbly neonate- replica" of his'own design, mother Crccnglnes skotohkitoughour experimental not-up forle*lhem testifiedyl<nyIc Id of
* l';formtion Involved in this Or- un^.mtj BfccUh wag sifitd by theV.jrittco especially for Ithorc-classiflodafter the '
'?rJ? Covcrru.xnt witness waaiu* "ccenbors had told her thatidworlcing on the atonic befit in Los Alonos, and 'that felt tho. Information shculd be showed with Russia, that he wanted te to tell David to give information to hin ton t0 I's. Gvccnglnss testified Sosenborg
hysica* description or tho Los Alwios project, tho
tYf'yf the scientists
C revcsvjet the security nces-
., #im inrCproject to Ubuejctrquo and o'jita ja. estifiedvo her vll-0 for traveltoher husband. She testified she give her husband Rosenberg's nessago,c hor husband gavo htr Information Rosenberg had'roouerlod. She sfiid she returnee to Kcw York inrote down tho infos-net ton her husband had given her, end gavo this infomallon to Rose.ibsrg.
lira. Grccnglass fw;stifled that her husband returned to New York inhen Rosenbergo their fcouso andwritten Information from her husband. She* testifiedew nights later they went to the Rosenbergs and net Ann Sidorovlch. She testified ebout the Jello box and said that Rosenborg gavo hor ono of tho two portions.
.estified, Rcsonborg ccce to soo her one night when her sister, Dorothy Abel, was present.
testified thatew minutes of conversation, Rosenborg asked Dorothy Abel "toook.and go into tha bathroom bocouso he had something privnto to
Inn Albuo.uorquc, she testified Hr.rry Cold cane to their apart-rent ond identified hlnsolf by producing his half of the Jello box side. Sho tostiflod Gold eskod her husband for tho JnfortJtion end that this Information was given to Gold later in the nftcrnoon. Sho tcstifiod Cold gavo her
Sho .lostlficd that inhoy returned toand thnt hor husband gavo Rosenborg core information in
After her husbend'a dischorgo frou tho Army, sho testified, they visited tho Rosenborgs apartment from timo to titw. In that-apartment, sho said, thehowedahogany consolo
truj thet she had si^llnrrt; ?? l fcrn ofrot, mv.hcn shiefhor "tooVwS leavetvrgto Ruth GrecngUsSU
- prison. Cold tcsUfUdd ,to S0 >'ea^ Jits espionage Jork for^hc aSJffif"*1
over to Ytiovlcv, Cold tistiSoa jmIurnod"to obtain informationo transfer thio info?"ation fri y- i- i with Ms soureo tfflBftSSJMSrl0S
of set recognition sirnnls^wMehContact bvPlusts ofnl? ysode phrose, ho paid shioY the MoplhoPTr- He ftiven to hit, by Yakovlo?. rogulnrly With nonoy
Taiovrov'tSfMrjo^^JL" Los AlaO0fl'hL J
shape and YafcoslS!at TB CUlnatcMngpUce of co^
i?llfc'aold testified Fttehscavo hlu Jnformtion thout the first otcric ex-
iUeaa Uto Dr. George Bernhardt, Hot inosenberg asked Mo what injections voro ncofled to go to Kcxico.
"I'lvwitness nii^r. tha hecatUd
J0' VI Unth governrront witness was Candler Cobb, tha directortivo Service inity, hei&natuie on variousfico docursnts
11, The eleventhitness was John Lsnsdaleduring tho wer was responsible for all phases ofton bo:ib projoct order Geaoml Groves. Heprocedures at los Alamos end testified to the secrecy all
18. -Tho twelfth eevernrrent witness was John A.enber of ihe Alette Erforgycoion. who during tho war sorved as tho Liaison OYficor bctveen the Los Al":os atoMo energy Inbo-
?.s cweneral Crovss, who mi in charge of. ito:;ic research,oMn ;ton.
Dori.-kG Dome's testlnony, at the suggestion of lawyers ror the Rosenborgs, ell spectators were clcarod froo tho courtroon. The stenographic record ofestir-ony which dealt with the atonic bo;:b, wos seeled and. inpoundod by the Court.
Deny was reed Crcenglrt&s1 testioony concerning tha skotch he uade of the etocic bof-ib and wasopy of this eketch.
inVIi said, OrcenQAnsam k'v i
oivca flocucunti* *'* Mn" CoM
OOvolOJf-ovKv bftck Iny* *jih
r. George Bernhardt,
'witness wcs *MlUan. He
that fiSihJS'J1!! c11
thatod told hir.s going to Ccj-ico City andn
to gUad.css to various jsople in Kan .
ntS fiovernnent witness was Candler Cobb, tho ^ffn Km To* City, h> identified BobollVe sicnatv.ro on various Selective Service documents
itness was John Lansdnlo jr.,
of thSV6rall phases of the security
on bo?Groves, he explained
icss was John A. Dcrry-tha; SKI* emission, who during tho-ii vn*toMe energy lnbo-
. .to-ic research, in Wr.oMn ;ton.
tSUSS Ttcer"['t testlnony, at the suggestion of lawyors ror
fl clearoa fron y *vhich dealt with the
atonic bo-ib, was sealed and inpounded by the Court.
norry was reed Crcongless1 tcstifKJiy concerning the sketohJrt*opy of this sketch, perry tobtifiod that the eketch end Greenness' testirjony detions-tratod "substantially and with substantial nocurecy tho principle involved in the operation of5 atonic bono".
Dorry testified thathe sketch end froo Greengloss'cientist could "perceiveubstantial degree what the actual construction of the boub was".
Derry was asked "noes'this informationoon rond to yon| lo^tlhor with tho skoteh,ypo of nto/ilc bomb which Ml AvtwiUy usednited Siftcric'.v" Horryit doip., Xt is tho bnjsb we dropped atnUnr
13. Tho thirteenth government witness was Knnuol Cinop do
thureine when Soldi loft IVxfto City toJo Vera
o fourtoonth govornront wllnoss waaoloytooxioo City oculist. Shoan-Interpreter that Sohollair oftho alias,
era Ciue hotelSo identified tho hotolcardanued, andy stipulated that this was Sobcll'e si^.uture,
1G, The sixteenth government firtAncss res Poratostiried that in July,cxll reelstcrcd in hertho 'alias,
IV. The seventeenth government witness waa oiennexican airline official, lit testified Sobell flew in his co-ipa-y's plane from Vera Cri'Z to Vampico. end fromto Hexioo City, undoras Solt.
10. The eighteenthtnessnemployee of the Amtorg Trading Corporation, thepurchasing company in New York. He identifieda Vlco-Consul in the Soviet Consulate in Km York from -
Government and defense attorneys stipulated that R. B, walk-latt, an official of tho United Statos (tots, hod in hisdocut-.onts which proved that Yakovlov, his wife, and two children, sailed from tho United States for Franco,
19. Ths ninottcnth government witness was Klizobcth Bontloy. an odnitted former Comouclst courier. Sho testified that fron her cxperlencaember, the Communist party inonly serve tho intorosts of '. .whoropaganda, ospionoge or
thatcho was workingcn/junist
which wascd by tho Unitedv.
to it nMimar.aVi, sinflu
government witness no Kamiel GinerS?wouch nn jnterprotor that'ho net FoV.ll
ty- inTo oM4lifted-Jifn howncutI- pro*
thereine when AobeU loftCity to Co Jo Vera Cruz.
14, o fourteenth government witness was irinerva Bravo hspinose,f nCity oculist. Sho testified through an interpreter that Si-bellair of glasses under the alias, Sr.ad.
o fifteenth coverfliient witness Peso Broocodoera Crtix hotel owner. Ho identified iho hotol regis-tret ion cardtntod, and SoUUUy oti pointed that this was Soucll's signature,
sixteenthV.css vas ihvatestified that incbell registered in horthe alias.
seventeenth government witness was GlennL'exiean airline official, no testified Sobell flew inplena fron Vera Cruz to Tauploo. end from TcmptcoCity, under the aliao Solt.
10. Tho eighteenth government witnessnccployeo of tho Antorg Trading Cor person, thepurchasing company in New York. He iduatjfioda Vice-consul in the Soviet Cor.su.lato In Kew York from
Government end dofonso attorneys stipulatedn official of tho United States lines, had.in hisdocuments which proved that Yakovlev, hio wife, andsailed from tho United States for trsnco, Docouhor
19. The nineteenth government witness wes Xlizabcth Bontlcy, en admitted former Ooi.cur.iat oourler. Sho to stifled that from her oxporloneaenber, the Communist party in Arcrlea "only serve the interest! ofhether propagnndn, esplonago or sabotago", Sho testified that whllo sho was workingommunist courier3 sho received t'olophone callserson called Julius who, sho later loomed, lived in Xnickorbocker Villago, where, in fact, Rosenborg did livo. However, in hOr testliioay sho could not idontlfy Rosenborg posltivoly ca tho "Julius" sho talkod to.
The twentieth government witness wes Jemosuggins,
lt Tha first defense witness ma Julius ror.cnbrrg, flo denied categorically cvoiy atotenent by pny Covernnont
departs vich but *s'as
Kidt ore (talliedn Lmi" i
he told hti
Rosenberg testified thateartily hpnrova thaJusticeilthisy" ASaxon1 onin, favor, heartily in fever of our "and Ujjlightswe cllogUncoicuntiy at all
tf^Jti?"osenborg repeated' everyS S atior of the Ceramist ri& otion and refused to answer,
, 't.tcss was John Gibbons, on cnployre ofald Tril,wo who was wibpe*rced
2 WnS Cl1 tU
fir fiyfor Rosenberg'sosaVK Krchin the Herald Tribune inosenberg's attorney then offered the photograph in'
Sf^SSi th!ry Kwith one already introduced in evidence by the goWrnvrhti
onsc "H'iessThOMS V. Kelly, en employee OfHaoy's department store. who was alsoy thee testified he had'been Doable too theof a tahogany consoleor^ny rocoros for ths-yoars involved fiftd been
d defense witness was'Ethel Rosen-corroborated her' husband's testify, repeating
rV.?fMrt of'every governRont, witness X defendants tohe alB0 refused toabout CosfiOhlst party Affiliation: on theher onswerirdghttend to incriminate
c . c.
1. Thevernr.rnl rcV.ittalnd tho twenty-first government witness, wasHex. &b0 testified that sheid for the
Rosenborgs.o. Sheor thet flioy hsid roooiyofl ah ^niiyt .ftfrlvtid" of Rojttjburg. '
2* The seto'id govcrnsontenof' andCovernnant wltnrss, hob Hr.]rn rS^no,m';iary in the law fiiM ofattorney >ronlCln-j';,'in,t inV;,v, 1 n/ hr*
p;-por to ther's
' rebuttal witness and'.the "
twenty-third govamv-nt witness, was iVnhotographer special.*zing in passport sud Identification phctciiraphs. Hi* Vest if led .that Julius and Ethol Rose fiberj; and their tv-'o children visited his studios in tho spring0rdered threeAssport-sizee! photogrophs. Schneider testified Rosenberg told hin that histcn left sous 'property endhey wereonee to toko rare of it.
nderal judge la QpjoJnUd by tholife, thin any Individual federal courtoo,rf/id by to assign cnoca to judges'. Asf rot*:to fnw: ono ootfrt toiith,V3 no'uthcr ii'nlh, presidingnth, Kilting on. cdr-irnlly cases tho next"Thus, in norlWlr. assigned to t'r.ovMAhcvcrs prcsldlitS ii thit court trios Uc..itr, in cflcesUd^-iU'd,V- rt YfteltVa nrM'JM
In the TedcreX district of Ecu thorn Hew fork,anel 'Of jurors la nclcotcd.fronof vptars in that urea. Thoy ore eolected from thesechance. Voting lists cro piecedilein isthrough this pile in several different places, istfces ft pla-peint Mirough hin neat isotential juror.
In the Fjejwnt.&rg criro, two days wore requiredelected which satisfied thohe government end tha judge. All rjuvcr.Yjontro excused by iho judse. AllIjo ciid not believe in capital punishment were ex- uccd. All pirsens with relatives in any low enforcementwes* excussd. juiy panel was exhaustively questioned abeut past military service by .themselves or by theiry juror (Chose correction with military scrvlco might have prevented hin reaching an unbiased verdict was excused,
la Amor icon lew,ts which carry the death penalty, tho dofcese fcsd tho govcrrmcnt arc allowed to*challenge tv.onty jurors ecch, without giving cny reason. However, in this caso, Judge Kcufjpian allowed thr. defense thirty challenges. The government was ntill allcwed only twenty, At any time cither sido maya juror for eflJUM andhallenge is not deducted from the number of challenges allowed. In the Rosenbergefenso attorneys announced that they wore satisfied with tho jury after they had used onlyhallenges. Thoy could have objoctod at least once noio to tho jury, if they theusclvos had not bcon
CON'hVCy _py TKIAL AMU TW DE3WfcJE.
The Rosenborgs* own lawyer said this nt tho end of tho trial:ant tohiso Court,orhink ull ny co-counsfel feel, that you have been cxtrcmoly courteous to us and you haves lewyefs evory privllogoawyervoctriminal case."
for Hfo. Within nny indivldunt federal court eyuton, the cMarrood by Inl to assign casts lo Judges. eneral
Vi>lo,uftlo fron cno ooort torlnlnalthf civil uctfet ndbtfccrth, prcsiOJug'.ir:>s
j-'v kid^ur KOft'.h, nit ting on admiraltytha next'Thus, innl oiicurislit assignedwhichever Ji'dco is presiding in that courtwr, in; ( gn
ln'/'j, sStlS o "tryvcs.
In the Fcdcrel district of eculw 'fork, whoro theanel of Jurors lo coloetcd.frou the list of voters in that nroa. They cue selected frou these lists by ehonee. Voting lists cro plcoedilein is in-so-ledthis pilo in ccvoral different places. Av/ Jurorin-point through hin nniw is nutatttleally oclcoted ore potential Juror.
In tho Rjscrl.rg ore, two days wore .coulitduiyselected which satisfied the- do fcr.do.nts, the govoirn-nt nnd JM j'Jd^c. Allcr-p* oyi.es were oxouccd by theAll persons wno eid not believe in capital pu.nlsh.jont were All persons with relatives in ony leu enforcementvsrs excusad. The Jury panel was exhaustively questioned cbtut utst nilitflry servico by themselves or by their rclativos. Anyoso connection with military service slight havo prevented hia reaching nn unhir.ssd verdict was excused.
Inlaw. In cases which carry tho death penalty, the doferse tho govcrrnent are allowed lo-ehallongc tr.onty jurors acch.vithout giving eny reason. However, in this caso, Judge Kcorfcan allowed tha defease thirty challenges. The govcrnnant was atihl allowed wily twenty. At anycither sido naya juror for cause endhallenge is not deducted fron tho nunber of challenges allowed. In the Koscnbergefenso attorneys announced that they were satisfiod with tho jury ofur they hed usedhallenges. They could have objoctod at lcestro to tho jury, If they thcuselvoo hod not baon sotis-
f h? corarcr oy thj tkiai. ahu tf* pKyssw;.
The Rosenborgs' own lawyer said this at the end of tho trial:bthis for tho Court,or once,hl/ut nil nyeel, that you have been cxtrcuojy courteous to us and you rave affordedwyors every privilegeawyer shoulo ozpoetriminal cose."
Lr.tar In his arguuonts to tho jury, theawyer said:ould like to say to tho Court on bohalf of all dofeneo oounsol that vc feel that you haro treated us with tho utoost courtesy, that you have extended to us the privileges that wo expect esend dospito eny dlsaarcorvjnts wohavo hod with the Court on questions of law, wc feel that the trial has boon conduotod
nndope kot htsvor sSaro, withdignity nnd thathat befits and AmricOn trial*11 Theawyer,lso told tho members ofr:otUtlon, "Ho arc neptcointivo of the courtoslcs extended to us".
rcrlcnneft Mint cannot afford loCourt records, forern",t,o my flic aoath, ond thewillfor thouoenrea. The Kjscnbergs filed paupers oath, end the govornmont Prwi.Vd>Uh ell records at no cost, hn-
K.uf/rri0 words to SnaU tat <he1 jury on
tho low ,
at ftCOlU Sol-ill.
The jurors were told thst thond Gubell woro PTOSgJXd to be innocent throughout tho trial. The Jurors word told that they were the sole judge of the facts, that if theirdiffered free thohat it was their re-election which USJ bl i0 wore told ihutiyt believe Oo Ic Sliiober as it rcrteincd tot thoy
Thes specifically told to ccnrldor carefully tho. Davids, Suth CrcongloM nnd "avry Gold, and act upon it with ccufclcn,y ere aeoucud ofliees.
And Judge Kaufman warned tho jury "Wo natter howudge cay be to avoid it, there is elwcys the possibility that the jury or sere particular juror Day get an impression that thes some opjrion vlth reference to the guilt or iuiocoixo of tho defendants, or that ho thinks thrt fws pwllcular pheso of thes ^oro important then Another; or that someWltCSSS is core credible than mother, orertain inference of fact should not bo mrdo end so on. if you hnvo formed any such impression you must put it out of your mind mnd utterly disregard it. ave seld during the trial nor in those isstrjotioas was intended to givo any suchrdge Eoufrwn also told the jurorst to determine tho guilt or in-ioccacoefendant cn whether or not hormtunlst
The jury reached its verdict in >or twenty rtonths si-ice that date the caso has boor, appealed. very ease Appelate courts havo upheld the conviction of tho Dosenbergs exd Sobell. In his opinion,Joromc Frank of tho Unitod States Court of Appeals, ono of the best known civil libertarians In tho baited States, has saidh.tvo scrutinized the records with extraordinary core to soo if itjhis court is obligated to assume that the jury believes the evidence unfr.vorcble lo the defendants. Or. that ossumollon tho
crc noprcciative of the courtesies extended to us".
Underi,oftrl*vit cannot nfford tols, rti.*is jV'.jV,lh, eud Diel pay for tho BO scnheigo filed paupers cnt-h, nnd thoall records at no ccsl'-. r-n-
un's, -'i'Vi; i*f the
JriKTO y '
i0 wor-ls lo SnzU tot Uioijurylaw involved. , .
jurors wire told thet the Koscr.bcrgs end Coholl wore
i presumed to he innccerlt throughout the trial. The jurors toldoy vera tho sole judge or the facts, that if recollection differedho prosr-cu"er'n or fion tho that itsfrection Thotold thr.tr.otc tcsMj-^ny of
Slitchcr us it pcrt-.ir.cd tot they ctnilt Co'.all. The jury ly told to ec-loroy of David?.wth Gi-ccn&lcss ar.dGold, and actt with co'icfcn,reficoo.^'lie-esi *
Andn warned the juryttor howay be to avoid it, there is elwrys the possibility that 1 the jury or sere particular juror cay get an agression that tho | aspinion with reference to the guilt or innocence of the dependents, or thet he thinks that soes particular phf.se of thG case is ^oro important than anotheri or that Bono pnrtic-! uler witcsss is nore credible than another, crertain inference of faot should not bo ncde end so on. If you have forced any such Inpression you oust put it out ofnd and f utterly disregord it. avo said during tho trial nor intruoticos was intended to givo ony suchudge Enufaan also told tho jurors "not to determine tho guilt or innocenceefendant on whether or not ho
The jury reached its vordict in Kor twentysince that date tho enso hes hocr. appealed. very ccse Appelato courts havo upheld the conviction of tho Rosenbergsobell.Jn his oplcjon,Frcnk of tho United States Court of Appeals, one of the best known civiln the United .States, has saidb?.ve scrutinized the records -with extraordinary caro to seo if-it contained 'anyhis court is obligated to cssuiie that the. jury believes the evidence unfavorable to the defendants. On that assumption tho cvidonco to sustain the vordictre than cnple.
Gii.cc Judge Frank's decision, the caso went topreco Court, Thatrulod that since no question of low wasthey would not consider the cace and denied certiorari. Ccunsel for the Rosenborgs and Sobell could and did start over
Viiv:f vi's vhct.
ognln in thn Districtld that tho jury'Gpot ftftMo. Although thisvo-ild noi;nlly coro unnVr'ofc K'-i'f.ii'.a, hoi ried hii:siilfVlvor.tcr Jlyaa
1n. CyVvludlyaii'go the Circuit Courtirc-nl 'inek*c*
U'.i, IheOPy. V-
pj titJeny it
It will be noted tnst the tootluony of favid CrOMW^AAairst by his wife, then byCold, by
IIuVt, by tho lAtr./uL/
ThoibO:iy of Ruth CrctnMoaa'wraoho rat ad(irdiiH'loss. Gr.M, jT'ix KHtrJvr,hyIhfiihni'dt ftud
uXiua fr-ci-nK-re; ftpayi. p, ond his wife's testimony was cc.-iohor>.Ud enly by his own. .
Tho testimony of the Crecn&lrss*he Fov.nbicon nolo tnhiey Evelyn Cox.vero'en of thaio t by tbfv'tr.itss
The rebuttal LtfatliMny ofpcKu*art rl-^orin-iW Sfhcwidor WBd.
lf eld not testify, nor did hoOon his
Tho oxpert testimony of Dr.nd Dairy wero not rebutted, -Tho defense.called no expert witr.sescs.
n Ar.ei'iCt'm lriw jv.xii;un and' ronaHica nro dfrltrniiiifU by Congress; Lhc decision as to wli.it ntuiice shall be ir.pei-ud within theandatter for thealone to determine,..
it for nowi' pirt liftcioj-K'jiJi-iOiU'Cfi in
yJd'jd fors "not noitl:anears",is not allowed by law.Scihell to servoail.0y '
In'V rti*TiH'i,n'.d it.ion,1 ly done in alloui.jH-rvubO ity is ;eotreat,el.ii.vn the (Virt ale anhenoernl chargo of espionageiuf/('sn said "citizens of this country who betray their fellow countrymen can be underf the delusions about the benignity of Sovietve been prior to "for Id War'ho naturo of Rusc-'an tri-i'.>rS?'iw self evident. Idealationalet5 tivcaj'o held by the-intesupf-r-nsu.tj "n
services"choollps, tho'iown vnr'utylacesif-acc toerloy.-lty to the United Slates,n5rLs;ont to ben thismust therefore tcrvc theInterest forion of our society against these traitors in our Midst. It is ironic that the very country which these defendants betrayed and sought to destroy placed every safeguard aroundorair end impartialrip! which consumed three weeks in thisecall the defendant Julius Hoscnberg testifying that our African system of jurisprudence met with his approvals preferred over Russian justice.he defendantsy.this, admission,his typu of trial would not hr.ve been afforded to them in Russia. Certainly,ussian national accusedonspiracy to destroy Russia not ona day vould have been consumed in i, ti'ial* lbmerica's credit that it took the pains nnd exerted the.effort which it did in the trial ofefendants, ic-t, thoyhoice of dovd--ting themselves to the Russian ideology-of den*al ofenial of the sanctity of the individual end aggression against ii-ee men everywhere instead of serving the cause of libr.ity and freedom.
onsider your crina worse than murder. Rlain deliberate,d murder is dwarfed in magnitude by conoarison with the crlEio you ha.ve committed. In connlttlng tho pet of murder, the criminal kills only hishe immediate fanily is brought to grief and vhon rjuS>tJce'is noted out tho chapter is closed. But in yourelieve your conduct in putting into the hands of the Russiansonb years before our best scientists predicted Russia would perfect theas already caused, in ny opinion, the Coniiunistggression in Korea,-with the resultant casualties exceeding
it vhftHitA11i'.'jm itoi'ft of Ir.pfiecnt by yt.nr
lo the disadvantage* connti'/p"
"Tho riVfundtnts Julius andonenbf.-rg placedohovcafely, tri fie imi thuir en children.
. . own
hich til 11
prwk'ui.iitft ideology ;or by o
, Judgaid!oojbt that, yeu >erc engaged in espionagetho avidtfiCQ insc did not point to anytr. yon* part *in ccnneetlon with the oton bonbhe ly.'vAr iwtiyatedeslrO tojustice ncxordiig
in tnlac'tut yearthovi"rvplloftti'n in this
In Bavid Or oears inudge Kouff.idctbout lovuorisi^urfltion cees notondono'youp acta orbiniciat: then in any respect* Vhty were loechsor.e; they wereust, however, rcccgnizo tho helpby jrotl in apprehending and bringing loit orch cririr.als In this nefariousulius HoaoabaTghishclYou have at lc-ast noto your sins by comlttLng the prfditicnal crjin of perjury. Vou cgnftssod andomplete story in this caso and it hasf ^rcnt cssistujice to theas I'equired for you to give- your testlnony."
In the opinion of the Circuit Court of Appeals, thes uphold with tho verdict. Judge ly^nh did conrrnt ntength about the death sentence red the defensehat it consisted of "cruel and unusual" punishner.t, shocking the "coiaaoa conscience" since the death sentence has never before been deposedivilian court. Judge Frank an id" "eases ere conceivable where there would be little doubteneral public antipathyeath ser.ernce. Out this is not.Et consider the ccse ns one 'in which death sentencesenn Ariei-icans whoto pass irsportrnt secret infon:ation to hussia, not onlybut clao during tho 'coldt is'inpqssiblo to say that the cow unity is shocked and outraged by such sentences resting oncte.B
B"alM.i'i Iv-iiorMt Ginod th-iix
UnderrfnsnurU'siiil C'j"tAt hn
!tl3 iVJ'fJngjI'Opj -d
on, did iron salt precise, detailed infer*.ation about OS to rial thst he hic-SSlf DO enrooted'far rc?corohied rasoti on with tho. He gevoetailed'draving of tho high explosive ler-swhich ha hli.fclfV.-ii, is lens wes used In en cxjer.lr.trit, one of rrnny experimentsuctod beferc the atcaic booh wes perfected. Greenglr.ssut as much as he could about the materiel? other cach.nls's wero ov-inufrcturing fof other experiments. Ke searched for this information "avidly". It is tho government contention that tho secret of theomb oould to dotor-minedncvlbdse or tho principles, of the experiments beingf the materialsuioo'-avod for the car.rtuct of those experiments.
s inforfiiation_ trwtotted by Creenp.lnas nnd Pose-nberg nsmportant Vs"cl aimed bysajj*^
Vho Rosenborgs* own attorney. E. Ji, Bloch, thought thoo valuable and important that cn throeho hlrself privately asked the judge to clear thoof epoctators and iepcund tho stenographic rocord of Grcnglass* testimony. Block told JuOgo Kaufuan that honot at nl) sure in rjy winond I'cjs talking privately, whether, or not, even at this lctc date, thise was referring to the "pretty good description of,tho
atcmio bcib" Orcenglase said ho gavenot be
used to the attcnb-igcerfoctly satisfied that this be kept Bloch also asked Judge Kaufman to iitpound the sketch Grccnglass isade of the bomb.
'Jho nuclear chemist Dr. Korkl testified Grccngless nadc an accurate sketch of his experiments with implosion research. He said no sinllnr experiments wero bolng conducted. And his* testimony was nover rebutted or ar.swered by the Rosenbergs.
The At;CotrilsM^nperry,fJod lh:itroduct til for Iio^'i;;Urii nn actui.itof iho atcr.ioactually droppedonkt# As in the rooO of Dr. KtvOttjoetlnccy tfis ncyer rebutted
Irliy didn'tfOHJo 8Htti.iMr.tf,
wl Iron, rv.t
X'teir jr icVv' n" Vortv):VW'V it wfV'.owuy**,
UuCto.'oist oft possible Ciill,li wu ntddi!uf.esMricny 'ihuy Rl.^ht havo
to. In the Dc-cnl-org enso, thontistaroSj Shore is no law which requires' thq government to oollitnessrson tho gov-croncnt tolls the defense ulght be calledat anyuring the trial, llio defenceave celled ppjii yi< vr, Wi'jy. Rrc^ca or nnyeno elcs asV.;cVd eatt, Kc.-ns-aa/War *nt felt th-lreightllh.ir KoiJrl orwere onav.iJlcbJoha triol, if Ihotteer.eiM of KOsfcl or Dcrry asor if IhoroSt&od expert witnesses ofu coa trod lot log Kesfci er Carry* ifiunthe tcstiooay of Kcshi and Perry went unrelutted and"tho gores:sent had no need foreinor, Croves or Urey,
Thest did coll ens witness wfcesea not cn the list furnished tho defease, "ibis was the pi report photographer Den Schneider. His pass was not on thelist, because the governncnt did not discover hin until the dey be-rore the trinl closed, Undor Aaerloan law, the gOVOmeant doss act have to give three days notice to the defenserebuttal witnesses.
5. en jndircjt role In the
Rosenberg cn'sc^,'esq cspooie'lly in" the Venter.oc? "
Here, theand others use toth the'prcsenoo of Jews aaceg tho governuent (judge endnd an allegod absence of Java nnong the jury to cliorgo that tho Rosenbergs were violins or njiti-scialtisf:.
In the first plnoo it ia impossible to doterainc whether any of the furorsnbcrs of-the Jewish faith. Their'nf-nes-were lebonltle; Booth, Becker, 'Gibbons, Christ!
Aacloy, Daan, liiiior, pnaaa,-Duda^ icitchoii, Tossitora. lhey
woreked by tho judgo, by the prosecution.'or by tho Rosenbergs' lawyers to what religion tbey belonged. Tbe religion of tho Jurors did not bectno an Issuo untilhatrials. The religion of tho jurors has never
r.os, rw is noMchwitnessscn tho rov-'orisc-might he tailedal,efenceave,frftjca ox'is.
r wiL".fny ctfiht haveCiil cr 'ivy werelethe trial, if the Ro^jiiberca let citflcKM the (ualifloatltti of XosXl or
Dorr/ as opT.ts, or if thowitnesses of their own contradicting Ko_ the testimony of Konki end Perry went unrob-ttofl and"the gove.tircnt Lad no need for Opjecheitier, Crovos ol* Drey,
Theid cnll .ens Witness wheses not on the list furtiAcd the defence, Tbio eas the pa ashctofj-epher Ben Schneider. Bis ra_'ce was not on thelist, because the government did not di so over hlin until the dcy bjfore the trial closed. Under American law, tho eovaj-arvrnt, hove to give three days notice to the defense oatnesscs.
jjti-aop;tlsa play on indirect role in the Rosen_be_r^ en's*-', and ospeolollyo eVn'tVr^ej'
Hero, the cevnunist end others use both the'presence of Jows aaong tho government (judga endnd an nlleged absence of Jews CDOng the jury to emerge that the Rosenbergs were victims of anti-seiattisc.
In the first place it is impossible to doteralno whether any of tho jurors were cenbors or-the Jewish fnlth. Their-na-ncs-were Lcbor.itto; Booth, Becker.'Gibbons, Christie Axley, Bean, Killer, Bares. Duda, I'itehell, Tessitoro. They wero ne?er asked by tho judge, by the "prosecution, "or by the Rosenbergs1 lawyers to what religion thoy belonged, Tho religion of tho jurors did not becoao On issue untilho ?rafae trials. Tho religion of tho jurors has ne'vor
It is difficult to coonti-semitisncan to attributedewish Judgeewish proaocutor.Original document.