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the record of a trial tn a district court end that tn the case of the Rosenbergs the "Circutt court of Appeals for “the Second Chroust was deeply consctous of tte responstbtlity tn thts cose, PETITION ro VACATE THE CONVICT _ (68-58236-1 1133) _ 7 petttton was ftled by the ‘defendants under Sectton 2255, Title 18 of the Untted States Code to vacate the convictiona and stay the executton of the Rosenbergs. | This petttion was referred to Federal Judge Sylvester J. Ryan of the Southern District of New York, who on December 10, 1952, dented the petition of the defendants to set aside thetr convicttona.’ The vartous grounds ltsted by the defendants were substantially as follows: a, Pretrial and trtal publtcitty tneluding press releases precluded, the defendants fron having a fair trial. db. The arrest of Wtlliam Perl and publtctty therefrom during the defendanta! trial prejudiced thetr case, c. The Government knowtngly used false testimony of David Greenglass at the trial,: d, Government witnesa Ben Schnetder perjured himself tn stating that he had not seen the Rosenbergs from the time he toot their photograph until the tine of his appearance ¢3 4 witness at the trial, tnasmuch as Schneider had been” brought into the court by the Governnent to tdentify the Rosenbergs the day before he teattsted. a. The do ve >nnent folsely classified atomic cate a6 betng aecret, “In an affidavit filed in opposition to this notton as an answer to the clata that pretrial and trtal publicity = 1083 «=