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Fi 2 Pg pe ce i a nee > vt ¥ : ae yee t ee have been amply susftetent for thts purpose....The offidavite be solely on the credibility of Ate teatimony and that tssue was Pr erly aubattted to the trfal jury for dectsten.” - . Regarding the teatinony of Ben Schnetder, Judge swan satd, "Judge Ryan woe correct in ruling that there was not the slightest evidence that Schnesder 's testimony was tntenttionally Jfalee and that tn any event tt wae on an {mmatertal potnt, eBoy tdenti fication of the Rosenbergs ces persone whoae Piletures he ha taken, since the Rosenbergs had not dented that they might have gone to Ale shop for that purpose, although: Jultus Rosenberg eategortcally tnsisted that they were not passport pictures.” With regard to the defendanta’ claim that the informat transmitted should not have bean classified "secret," Judge Swan atated, "The petitionersa'nezt potnt is that thetr conviction sho be set aside because one tten of information classified as secre which they were charged with hautnug conspired to transaft to Ruseta, was so generally known that tronemttting {t woe act for bidden by the Esptonage Act. This natter was ther oughly discuss by Judge Ryan. We have nothing te add to kts eptnton ezcept to aay that United States y. Hetne, a Cire, 151 FP. (2D), 818, upon which the appellants rely fa se ) ats ferent | in tte foots as to be completely tnappestte.® . As to the questions advanced by defendant Morton Sobel. that he should have been tried under the treason clause af the Constitutton rother than the Leptonage Act, Judge Swan opined, - 115 -