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Abe Fortas — Part 1
Page 77
77 / 112
or cere ees
yelyepst
oye e
Guilt of Rosenbergs
To the Editor ;
On two sugcessive Sundays,
The Times ed a play en
ainst Julius and
rg” which had a
Cleveland. The
first review’ appeared in the
Arts apa $aisure Section of
Apnil 20, geder Julius Novick’s
by-line. The second was pub-
lished in the news section of
April 27, by Clive Barnes.
Tms generous allocation of
space would evoke no comment
- from mie except for two citcum-
stances.
The play does not purport
to be a fictionalized productron
based upon an historical event.
It pretends to be a “documen-
tary” presentation of the
“tryth,””
The play presents the Rosen-
bergs as innocent of the cnme
of which they were convicted.
Mr. Novick wrote that although
he was “ready to believe that
the Rosenbergs were innocent,”
he found the play “tenden-
tious” Mr. Barnes, on whether
the Rosenbergs were innocent,
wrote, “Perhaps. I still beheve
60.” Both thus become more
than drama critics. They have
ventured into the wnting of
history. ff 90, those of us who
know something of the judicial
process have a right to inquire
what credentials either of these
writers bears entitling him to
express an opinion in a respon-
sible journal on a subject of
this importance
The gravity of the accusation
made by both wniters has prob-
ably escaped their notice, but
in fact they have declared that
American justice 1s so treacher-
ous a tool that despite the long
and elaborate process of sifting
and resifting which occurred
in the Rosenberg case, despite
the earnest efforts of the long
array of judges known for their
extraordinary devotion to hu-
man liberty, it has produced a
wrong and wicked result in this
fase.
a oe ote
wee
ie
. .
lend fuel to the fires of ereient
day rebellion by violence which
is afflicting our crhes, our un-
versities and other sensitive
areas of our society. It con-
stitutes another charge of vi-
cious brutality leveled at a gen-
eration at which the present
younger set has already learned
to look with contempt.
The facts do not support the
unwarranted aspersions by
these critics on American jus-
tice as it was displayed in the
Rosenberg case.
The Rosenbergs were con-
victed by the unanimous ver-
dict of the jury at a trial in
which counsel for the defense,
on three occasions, before ver-
dict, after verdict and at sen-
tence, expressed to Judge Irv-
ing R. Kaufman, who presided,
warm appreciation for the man-
ner in whfch the trial was
conducted. He said, “The Court
conducted itself as an Amencan
Judge ”
i should hate to believe Mr.
Novick’s statement that it ia
part of the received traditian .
of liberals that the Rosenbergs
were innocent, It would not do
credit to their intelligence or
judgment. Memory fades as the
years roll by, but I am prepared
to challenge the assertion that
liberals generally held so mis-
guided a view.
The law is our last remaining
anchor in this troubled era. If:
that goes, if faith in the proc-
esses of law 1s eroded, we shall
have no shelter against the bru-
tality and the vinlence which
have become the instruments of
the present day ea-called re-
form. We shall then each hide
in our own separate burrow, in
a Jungle where no one is free
and no one is safe.
Simon H, Rirxinp
_ New York, May 2, 1969
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