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In discussing the teatimony of Eltgabeth Bentley, Judg - “Frank stated ae follows; "If the jury delteved her, she supplte 7 the Riestng link connecting the Conauniet Party with ‘the Sovtes . ‘Unton, aad making Communi at Party mondersh ip prodattue of motive intent to aid Russia," Judge Frank on thie sane potnt continued follows; nyne ther and how much of that kind of evidence should - come into a trial like this ts 6 matter Sor oorefully-ezerctaed Judtetal dtecretion. Ye think the trtal Judge here did not abus thet discretion,” In dtecusstng the testimony of Dovtd Greengloss that Jultus Rosenberg took @ prortmity fuse from the Emerson Radto Conpany where he worked, ond gave that fuse to Russia, Judge Fronk atated, "At any rate, the testimony was admisstble to show an tntent on Juliue!’ part to aid Rusata,” | : In ruling on the defendante! orguaent that §t was an abuse of dtscretton for the trial Judge to impose the death penalty tn thts case, Judge Frank satd, “Unless we are to over rule sizrty pears of undevtating Federal precedents, we must hold ‘that an appellate court hae no power ad modt fy a sentence. ae Further discussaton of. this eudject ay colleagues think unnecessa Re then referred to the argunent of the defendants that, the deat sentences tn this case violoted the Ktghth Anendnent of the v. 8 Constitutton which forbida eruel] and unusual punishment, and the test urged by the defendants to tndtcate that a punishment ras