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Julius and Ethel Rosenberg — Part 2
Page 59
59 / 77
a.
conviction woa refused, 344 0. 8. 838, and rehearing later
dented, tated uv. 8 689. . Loter, | responsible and authorized
counsel roteed, exong ether teaues, questions as to the sentenc
ard an application waa mode for stay unes. they could be heard.
fhe applteatton was referred te the J put? Court
mendatt on thot the full Court hold tanedtate heartng ond a9 Gn
tnotttution ‘woke e prompt and final dteposttton of cll question
ifr. Justice Jackson continued, "Thue, efter betng tn
gone fora before this Court ever atne onthe, the merits of all
questtons raised by the Rosenbergs’ “eounsel had been paseed
upon, er foreclosed by dentale. However, en thie application
we have heard and dectded ao new contentton, despite the trregul
manner tn which tt waa originally presented,” .
In discusstag the manner tn whtch this stay wae
granted, Mr. Justice Jackson satd, "Pais te an tmportont
precedural matter of which we dt sapprove. The stay wae granted
solely on the petition ef one Fdeluan, who sought te appear
ss "next friend’ of the Rosenbergs. Of course, there ta
power to allew an appearance tn that capacity, under ctroun-
stances auch ee tneapactty dr teolation fron counsel, whtoh
make {t appropriate to enable the Court to hear a prisoner’ e
eaaes But tn these ofrounstances the order which grante
Sdelnan's standing surther to litigate thie case ‘tn the
lower/ cannot be Juatifted. Edelman ta a stranger to the
~ 140 =
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