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Julius and Ethel Rosenberg — Part 2
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ataply had been elbowed out of the control of their case.*
Continutng, Mr. Justice Jackson atated “....thta precedent
presents a threat to erderly and responstble representatton
of accused persons end the right of thenselves and thetr course
to control thetr ewn cases. The lower court refused to accept
Edelnan‘s tntruston but by the order tn question must accept
him Ge having standing to take part tn, or take over, the
Rosenberg case. That such étsorderly tatervention te nore
likely to prejudice than to help the representation of accused
persons tn higkly publicized cases te self-evident, Ve
dtacountenance this practice.” In dtecusatng the death
sentence, Justice Jackson eatd, "Vacating thte stay te not te:
be construed aa tndorsing the wisdon or apprepriatenees to -
this case of a death sentence, That sentence, however, ta
permitted by law and, as was previously potated out, te,
therefore, not within thia Court's power ef revision.”
Mr. Justtce Clark wrote a separate optnton tn which
he was Jotned by the Chief Justice and Mr. Justices Reed,
Jackson, Burton and Minton, In his optnion Mr. Justice Clark
stated as follows: “Seven tinea now have the defendants |
been before thte Court. In addition, the Chtef Justice, as
vel! aa tndfvtdual Juattces, have eonstdered applications by
the defendante. rhe Court of Appeals and the Districts Court
have likewiae gtven careful consideratt on te even nore Runerous
~14gZ=
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