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usual sporadic reading ef an average newspaper reader, and he wos so busy that he ‘read the newspapers’ tnfrequently. But Pr if a dia not paealize t thera {2 na reaaon to aunnoas that the jury was nore ‘sertously affected." In further dtecusstag the matter os publtetty, Judge Swan satd, "The beat that can be sctd tn the tnatant ease ts that, at the tine of trial, astute counsel dectded that the publictty did thetr clients no harm, and now want thie court to dectde otherwise.” as na ok ect of the Perl sacictment ane the statements made by the Untted States Attorney to the presea thet Perl hod been disted as a witness tn the Rosenderg trtal, Judge Swan stated, “But the essence of the wrong done the petitioners does not lie tn the intent of the prosecutor but in the prejudicial publicity which may come to the attention of the Jurye When publtetty belteved to be prefudictaZ occurs during a trial, the defendant may move for a mistrial or may request the trial judge to cautton the fury to diaregard it. In this case ti defendanta did netther....Thia waa their delitherate chotce after wenferring with the judge ost of the presence af the jury.” With regard to the elleged use by the Government Of = perjurteus testimony, Judge Swan eptned, "There are three spect si ‘cattonse The first relates to Greenglass’ testimony that on the night of his arrest he did not withhold any facts from the FBI. When he was sentenced on Aprtl 6, 195I, the day after the - 113