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cruel and unusual wos that it shocked the conscience and sense of justice of the people of the United Stateae. In commenting on thi. Judge Frank stated, "In Gil likelihood, tt would be - = tf the _ evidence was os, ‘the Résenderge deptot tts Phey scy they were sentenced to death, not for esptonage, but for polttsoal Une orthodozy and adherence ‘to the Communtet Party, and that they had only the beast of notives te gtutng tnforaation to Ruseta whtoh, at the tine, was an ally of this country, prateed aa such by lead tng, patriotic Anericans. But the trical judge, tn sentencing the Rosenbergs, relted on record evidence which shows a very different picture. If thie evidence be accepted, the conaptracy did not end tn 1945, while Russia was still ‘a ‘frtend,' but, as the trial judge phrased it, continued tduring a period when tt was apparent to everybody that we were dealing with a hostile natton.!" Judge “Frank potnted te the teatinony of Governnent witnesses indicating that the conspiracy continued up through 195 Judge Frank conttnued, “"Thte Court cannot rule that the trial Jud should have dtsbelieved those witneeses whom he saw and heard teattfye dnd, although the tndictment did not charge, and there- fore the Jury did not find, that the Rosenbergs intended to Aarn _ the United Statea, the trtal judge could properly consider the “tajury to thte Country of their conduct, in ezercising his dtscretion ase to the extent of sentences within the statutory = 99 w