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Julius and Ethel Rosenberg — Part 2
Page 15
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valid under the First dAnendaent, ae well. The comnuntcatton to
a foreign governnent of secret matertal connected pith the natton
| defense oan by no sarsfetoned reasoning be tnoluded within the .
area of the First Anendnent protecting free speech.” In oonmentt
On the defendants! attack agatnat the reltabtlity of the Governne
witnesses, Judge Frank observed as follows: "Doubtless tf that .
teatinony were ‘dteregarded, the conviction could not stand. But
where trial ts by jury, thta court ts not allowed to consider the
credibility of witnesses or the reliability of testtmony.
Perttoularly tn the Federal judtotal systen, that te the jury's
province." He was referring te the teattmony of the Green=
glasses. Judge Frank, tn commenting on the tnstructtons to the
Jury of Judge Zaufacn that "In the Federal Court a defendant can
be convicted upon the uncorroborated teettmony of an accomplice
whose testinony satisfied the Jury of the desendanta’ gutlt beyon
G@ reasonable doubt,’ satd, "So tnatructed, the Jury found defenda
guilty. Faced with auch a verdict this Court te obligated to ass
that the fury believed the evidence unfavorable to the defendants
Dh dt sousstng the defendants! allegattona that the
‘trtal Judge's actions prevented a fair trial, Judge Frank stated,
"Defendants? counsel who ftret broached thie suggestton on a mott
for a mistrial after all the evidence had been heard, satd that t
«a 96 =
ici
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