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petittoners' sentences, the United States Attorney etated to th court, ‘Mr. Kogge protested his innocence’ at the arraignment, 'Thr ough Ruth Greenglasa, Ate wife, came the subsequent recanta ‘of these protestations, and repudtatton of the disclesures of t ‘focta by both of then.’ On the basts ef this etatenent the. petitioners orgue that the testimony was false and known to be alee by the prosecuting afftcer. | Judge Ryarx acid that when re tn contert with all the proceedings on April 6 he did not regar tt cs an Gdnission that Greengiaas Aad connitied perjury ond ta there was no factual basis for inferring ‘thet perjurtous testiz had been kaowingly uaed. Fe ogres. it ta notable that petitte mode so mention of these facts on thetr previous appeal althoug then well aware of then.” . - - In dealing with the allegations that David Greenglasa could not have prepared eketches from memory and hence his | testinony was falee, Judge Swan stated, “This is nothing new, sor ot the trial, the defendants, on crose-ezantnation, had bro out the detaila of Greenglass! @dueatt0on, with the patent purpo of persuading the jury that he had ited. Zn support of thetr renewed assertion of his perjury, defendants..ocepresented the affidavits of four actentists who expressed the epinton that Greengloss, with Ate Limited eduectton as shown at the trial, co not have nade the sketches frou nenory. Since none of them kne Greenglass, none was {rn a positten to give an opinion about the quality af his memory which, no matter what hie education, map geese rg OES SES gOS ~s = - 1ljZ- 2