ROSENBERG CONVICTION IS OFFENCEAGAINSTJUSTICE

Says De N, Pritt^ Q.C.The indictment on which

Julius and Ethel Rosenberg were tried was returned on Jan. 31, 1951, against five defendants in all—the two Rosenbergs, one Morton Sobell, one Yakovlev, and one David Greenglass. Greenglass pleaded guilty. The two Rosenbergs and Sobell pleaded not guilty and were tried together, the case of Yakovlev being severed.

The charge was that the five defendants named, together with one Harry Gold, one Ruth Greenglass, ‘‘and other persons unknown’’, had conspired over a period of six years, from June 6, 1944 to June 16, 1950,

. . . the U.S.A. being there and then at war, with intent and reason to believe that it would be used to the advantage of a foreign nation, to wit the U.S.S.R., t o communicate, deliver and transmit to a foreign government, to wit the U.S.S.R., and representatives and agents thereof, directly an d indirectly, documents, writings, sketches, notes and information relating to the National Defence of the U.S.A,

be inferred, the acts and words of any of them, asserted to be done or spoken in pursuance of the conspiracy, are admissible evidence against all the others, on the footing that they are all agents of one another, and so responsible for each other’s words and actions.

It is little wonder, in the circumstances, that in all periods of tension, in all countries, charges of conspiracy have been frequently made, and many defendants have been found guilty and sentenced to imprisonment, although little has been proved against them and no other

CO N SP IRACY DEFINED

Julius Rosenberg gave Ruth Greenglass a portion of the side of a tom cardboard “Jello” box.

• That five days later Julius Rosenberg introduced David Greenglass to a man in New York.

• That two days thereafter Julius Rosenberg talked with David Greenglass.

• That on the same day Julius Rosenberg received from David Greenglass a paper containing sketches of experiments conducted at the Los Alamos Project.

• That, two days after that, David Greenglass took a train from New York to New Mexico.

FL IM SY ALLEGATION

It will be noticed that the not very informative “overt acts” of this six years’ conspiracy are spread over, or rather confined to, a period of only seven months, and that the only persons named as taking part in them are the two Rosenbergs and David and Ruth Greenglass; the defendants Sobell and Yakovlev are not mentioned. It is not surprising that applications were made to the

It is well to explain at the outset what is the essence of the crime of conspiracy and why a charge of conspiracy to commit some crime or other is so frequently made, in lieu of a charge that the crime was a c t u a l l y committed. “Conspiracy” can be defined, sufficiently for present purposes, as an agreement between two or more people to commit a crime; it is itself a crime, and the crime of conspiracy is complete as soon as two or more persons have agreed in any way whatsoever, whether formally or informally, by words or by conduct, to commit some crime; it is not necessary for the prosecution to prove the commission of the ultimate crime nor even of acts amounting to an attempt to commit it.

It is thus, in general, easier to secure a conviction for conspiracy than for any other offence, for less has actually to be proved against the defendants; and prejudice or excitement may lead a jury to convict parties on a mere allegation that they agreed or arranged together to do something, under circumstances where, if it were necessary to prove some positive criminal act, the jury would have to acquit because there would be no evidence at all of any sucih acts.To secure a conviction is

moreover made easier still by the operation of a peculiar rule of evidence. In all normal cases no evidence can be given against any defendant in a criminal case except evidence of acts which he himself did or words which he himself spoke; but in a conspiracy case, so long as some evidence— ĥowever tenuous—is given from which an agreement between the alleged conspirators might

T N the week of January 12, Ethel and Julius Rosenberg, now ^ sitting in the death cells of Sing Sing prison, will be electrocuted for a crime that has never been satisfactorily proved against them. There is no appeal against the conviction, but there is a strong possibility that world opinion may secure from President Truman a stay of execution or reprieve. •

The whole record has been submitted to the famous British lawyer, MR. D. N. PRITT, Q.C., for an opinion and his conclusions are contained in this document, the opening instalment of which is printed in Advance today.

Basing his opinion on 43 years of legal experience on cases in Britain, the Empire and Commonwealth and the United States, Mr. Pritt says the conviction and sentence on the Rosenbergs are “an offence against all standards of Anglo-Saxon justice”. At present Mr. Pritt is in Kenya leading the defence of Jomo Kenyata and other Africans against Mau Mau charges.

crime could plausibly even be charged.The dangers, inherent in

conspiracy charges, of convictions being reached on inadequate evidence are indeed so well recognised that the rule has been firmly established in most Anglo-Saxon jurisdictions, including that of the Federal Courts of the U.S.A., that “overt acts” demons^ating the conspiracy shouldoe alleged in the indictment and proved.

“OVERT ACTS”

I turn accordingly to study the twelve overt acts mentioned in the indictment in this case. They are in substance as follows: —

• That J u l i u s Rosenberg visited a building in Washington, D.C., on or about June 6, 1944.

• That ^ or about Nov. 15,1944, Julius Rosenberg and Ethel Rosenberg talked with Ruth Greenglass.

• That, five days later, Julius Rosenberg gave Ruth Greenglass some money in New York.

• That on the same day, Ruth Greenglass took a train from New York to Mexico.

• That, three weeks later, Julius Rosenberg went to a building in New York.

• That on the same day Julius Rosenberg received from Ruth Greenglass a paper containing written information.

• That on or about Jan. 5,1945, in New York, Julius and Ethel Rosenberg talked with David and Ruth Greenglass.

• That, on the same day,

Court on behalf of Sobell for some enlightenment as to what was alleged against him; and it was finally alleged that he had joined the conspiracy on or about June 15, 1944, and five overt acts were alleged against him, namely that at some time in five separate months of 1946, 1947 and 1948, he had conversations with Julius Rosenberg!

THE W ITN ESSES

The trial took place before Judge Irving R. Kaufman on 14 days in March, 1951. The prosecution put in a list of 112 witnesses, but in fact called only 22 of them, and one other.

The strength and weakness of the case depends, of course, on these witnesses, on their characters, on what they said, who they were, and what motives or interest they had; and it is thus of the greatest importance to know clearly all these points and to see exactly:

(1) What sort of a reliable case all witnesses beween them were able to build up to establish that the Rosenbergs were guilty at all, and

(2) How serious anything was that the Rosenbergs were alleged to have done—and, above all, of course, whether what they had done merited the death penalty.

I turn at once to the evidence, adding only that, as I am dealing with the cases of the Rosenbergs, I will pay little attention to evidence which implicated only other persons. Including Sobell, the only other person actually on trial with them.

P R IN C IPA L W ITN ESSThe principal witness against

the Rosenbergs was David Greenglass. There were an unusually large number of reasons for mistrusting his evidence. To begin with, he had pleaded guilty to the conspiracy for which the Rosenbergs were being tried, but had not yet been brought up for sentence; thus, he might hope, and he expressly said that he did hope, to obtain some advantage for himself as a result of giving evidence against the Rosenbergs ; for the Court might ultimately give him a light sentence, and even if it gave him a substantial one, the Govern ment might well remit much or all of it.

He thus had a strong motive to “pile it on”. In addition, he was, of course, fully established by his plea of guilty, by his evidence, and by surrounding circumstances (such as his possession of substantial sums of money which could only be explained on the basis that he was telling the truth when he said that he was selling military secrets for money), to have been a party to a conspiracy which both he himself and the prosecution described as a most serious one.

“QUEEN’S EV ID EN CE”He thus fell into the class

of “accomplice” witnesses, those who, in the old English phrase, “turn Queen’s evidence”. Such witnesses are universally regarded as highly unreliable, not merely because they are self- confessed criminals, and are betraying their associates, but far more because it is dangerously easy for them to implicate falsely, for some benefit to themselves, or to pay off some “score”, or for any other reason one who in fact took no part in the crime.

They are in a position to tell a story that is in the main true, and thus much easier to tell without being exposed as a liar in cross-examination; but at the same time to insert into ’that story one limited but serious falsity, namely, the assertion that some accused person took part in it when in fact he had nothing to do with it; and, if anything could make this easier, it would be that the accused was related to the accomplice so that it would be natural for them to meet from time to time.

Accomplices, moreover, as I have mentioned shortly above, have in many cases a very direct motive for implicating the accused persons as deeply as possible, for they hope to receive as a reward for their betrayal of their associates, and for their help in proving an alleged offence which could not be otherwise proved at all, either a lighter sentence from the Court, or some remission by the Government of whatever sentence is passed on them, or both.

INCEN T IVE FOR LY IN GThis provides so terrible an

incentive for lying, and so great a danger of convictions on untrustworthy evidence, that in practically all of the many hundreds of cases of “accomplice evidence” which I have had to investigate in my practice the danger has been minimised either by giving the accomplice a free pardon before he gives evidence, or by sentencing him before he does so; and even then the need for corroboration of his evidence by independent witnesses, free from the taint of complicity, is always emphasised.

I {Continued next week)

U.S. Consul Dodges Protest

CAPE TOWN.Mr. John F. Stone, American

Consul-General in Cape Town, has written to Mr. B. P. Bunting, M.P. and others who sent him a letter calling upon the President of the United States to set aside the death sentence passed on Julius and Ethel Rosenberg, as follows:

T have received your communication of December 3, 1952, requesting that certain representations be made to the President of the United States.

“In reply I have to inform you that representations to the United States Government by South Africans should appropriately be made through the medium of the Embassy of the Union of South Africa in Washington.”

This is taken to mean the United States Government is not prepared to receive communications from private citizens in other countries unless forwarded by the Malan Government.

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ON PARADE By SAM KAHN

DARK AND SILVER LINING^ H E clouds of war still darken the horizon as the Old Year approaches its end. Months of truce '“*■ negotiations in Korea have served merely to cloak the U.S.A.’s inflexible will to war.

The U.S.A. has monopolised the truce talks on behalf of the Forces fighting under the bloodstained banner of UNO; and has torpedoed the talks in deliberate, cold-blooded fashion by repeated violations of the neutral truce zone. The slaughter of North Korean and Chinese prisoners- of-war is reminiscent of Hitler death camps, where prisoners were shot always when escaping.

In addition, by electing war- general Eisenhower to peacetime presidency of the land of the mighty dollar, coupled with heavy pressure on the N.A.T.O. nations to speed up their war drive, the U.S.A. has set her seal on a Martial 1953.

AFR ICA AWAK ESAfrica has seen the rapid bur

geoning of struggles for freedom and liberation from Imperialism. This is readily discernible even through the curtain of the ruthless military dictatorship set up in Egypt by General Naguib, successor to the corrupt Throne of King Farouk.

Tunisia, Morocco, Gold Coast, Kenya, Rhodesia and South

Africa have all in their turn provided evidence of the determination of the Non-European people to emancipate themselves and live lives of dignity and independence.

SOUTH AFRICAN SCENEThe South African scene is it

self overshadowed by the forthcoming Parliamentary General Election. This, however, is not the time to speculate on the likely outcome of the electoral fight which will take place between 312 Apartheiders of varying degree for the 156 South African and S.W.A. seats. The Non-European people have no need for further proof of the gross and reactionaiy character of the Nationalist Party, nor does any democratic or h o n e s t observer of the South African political scene, with its recurring examples of Government rape of civil liberties and democratic rights.

G R E Y SH IR T S GALORESections of the Europeans have

long hoped that it won’t happen to them. The announcement that

ex Grey Shirt M.P., Mr. J. S. von Molkte of Karas, S.W.A., may be joined by the notorious ex Grey Shirt Leader Mr. Louis Wei- chardt. South Africa’s tub thumping ace anti-semite, must have been a severe jolt to simple- minded escapist Jews who hoped that they might be overlooked by the Government in its orgy of anti Non-European excesses.

S ILV ER L IN IN G

Hardly a pleasant end perhaps on which to close the OldyYear but there are, of course, "many bright and hopeful silver linings, not only in the clouds but amongst the people of South Africa. The splendid determination of the Non-Europeans in their fight against racial discrimination makes 1952 an outstanding year of struggle.

My best wishes for the New Year to all Advance readers, as well as to those who will join their rapidly swelling ranks. My best wishes to all, both here and abroad, who are fighting to make this world a happy and peaceful haven for all human beings.

HONEST CRITICISM SHOULD BE WELCOMED—Reply to Miss Cornelius

From Alan Doyle, Johannesburg:It is rather inept of the Gar

ment Workers’ Union to regard any criticism of its policy as “joining the fascists against us’’. It would be just as inept if “Advance” reacted to Miss Cornelius’ criticism by saying, “You are joining the Government in attacking Advance.”

The leaders of the Garment Workers’ Union should have developed sufficient political maturity to be able to distinguish between h o s t i l e Nationalist

FRENCH CUT OFF IN VIETNAM

LONDON.Four fortified outposts forming

part of the defences of Nasan have been captured by the Vietnam People’s Army in the last week and French communiques admit th^t all roads of escape for the French garrison clinging to this last position have now been cut off. The defenders are being supplied from the air but the Nasan airfield is under artillery fire.

AFRICANS!Do you want to be photographed

and get your snapshots after about 8 minutes of waiting? If so, call at: 101 Grattan Street, New Brighton

Village, Port Elizabeth.

Wolfson and De Wet, F.N.A.O. (Eng.) Qualified Sight-testing and Dispensing Opticians, 7 King George Street (between Bree and P 1 e i n Streets), Johannesburg, Phone 2-2383.

attacks designed to destroy trade unionism, and honest, genuine criticism designed to strengthen and develop the trade union movement. If they were able to make this distinction they would not fall into the obvious absurdity of accusing “Advance”—of all papers!—of “joining hands with the Nationalists in attacking our union on racialistic lines”.

I feel there is some rather disingenuous ambiguity in this last phrase: for it covers up the fact that the Nationalists attack on the Garment Workers’ Union is of a very different character to that contained in the article which so angered Miss Cornelius.

SELF C R IT IC IS MThat our Transvaal garment

workers, through trade union organisation, unity and solidarity have secured for themselves conditions and wages better than those prevailing in other secondary industries (though their

SPEEDUP MASSACRE OF WORKERS

NEW YORK.Deaths and injuries in U.S.

industry are rising seriously especially in war-connected industries says a survey presented to the National Manpower Committee. In 1951 16,000 workers were killed in job accidents and two million were injured. Following years of steady improvement, war speedup introduced in 1950 increased the accident rate by 12 per cent.

Published by Competent Publishing and Printing (Pty.) Ltd., 6. Barrack Street. Cape Town, and printed by Stewart Printing Co (Pty.) Ltd., Alfred Street, Cape Town.

Unless otherwise stated, all political matter In Advance by Fred Carneson, 6, Barrack Street, Cape Town.

wages are very far from adequate or satisfactory) is a matter for rejoicing; and-so is the staunch anti-fascist spirit which these workers have displayed during the troubled and perilous times through which South Africa is passing.

But the garment workers’ legitimate pride in their achievements should not blind them to defects in their policy and their union structure. History is full of examples of organisations whose leaders became complacent and lost the faculty of self- criticism. S u c h organisations degenerated and many were destroyed by the class enemy.

DEMOCRAT I C PR IN C IPLEIt is time for the leaders of

the Garment Workers’ Union fairly and squarely to face the fact that their forty per cent, of Non-European members must enjoy equal democratic rights within the union, including the right to be elected and to elect to the Central Executive Committee. Only thus can this or any other union prove to South Africa and the world its complete loyalty to all the democratic principles of trade unionism; its full and consistent opposition to the Nationalists and their ugly race theories.

Nor is it good enough to say that African men workers are not included in the clothing agreement because the bosses don’t want it, and that you can’t get thousands of union members “to fight on behalf of other workers”. The “other workers” are not outside the industry, and they are only outside the Union because of the operation of the racialistic Industrial Conciliation Act designed to split the ranks of the working class.

ST A N D IN G MENACEA basic principle of trade

unionism is that “an injury to one is an injury to all”. Instead of reacting with a fit of moral indignation to the suggestion that insufficient educational work has been done, I would suggest to Miss Cornelius that she and her comrades at the head of affairs get down to the urgent

RACINGKENILWORTH

The following are Damon’s selections for the racing at Kenilworth on Boxing Day:Christmas Handicap (A), 1 mile:

Potash. Danger, Aligrass. Christmas Handicap (B), 9 fur.:

Valentine. Danger, Norsel. Christmas Handicap (C), l i miles:

Djhalawar. Danger, Regency Buck.

Flying Handicap (A), 5 fur.: Pine- wood. Danger, Straight Play.

Flying Handicap (B), 5 fur.: IVIin netonka. Danger, Simeon.

Flying Handicap (C), 5 fur.: Cher- well. Danger, Djassy.

Juvenile Handicap, 5 fur.: Barn Owl. Danger, Magnet.

Maiden Stakes, 7 fur.: Elfkin. Danger, Silver Thimble.

CLAIRWOODFollowing are Owen Tudor’s

selections for the Clairwood meeting on Friday, Dec. 26. First Race: 1, Sacred Spring;

2, Arundelle; 3, Lilly Pond. Second Race: 1, Cicerone; 2,

London Chimes; 3, Decanter. Third Race: 1, Pops; 2, We’re

Off; 3, Forty Winks.Fourth Race: 1, Matinee; 2,

Rompaway; 3, Corn Silk; 4, St. George.

Fifh Race: 1, Copper State; 2, Putter; 3, Enter Rio.

Sixth Race: 1, Mvita* 2, Royal Dream; 3, Dan.

Seventh Race: 1, Demagogue;2, Happy Sam; 3, Raupatu.

Eighth Race: 1, OrangeSquash; 2, Wax Ale; 3, Foreign Land.

Ninth Race: 1, Zurich; 2,Compton; 3, Keeps.

BANNING ORDERMr. Lucas S. Phillips, Chair

man of the Cape Town Branch of the A.N.C. and Secretary of the Explosive and Fertilizers Workers’ Union has -been banned from attending all gatherings, other than those of a hona fide social, religious or recreational nature, for a period of two years.

job of explaining to their members that the bosses’ refusal to include African men in the agreement—as is done in nearly every other industrial agreement —is a standing menace to their hard-won wages and conditions.

Perhaps they will find the workers’ understanding better than they had anticipated. Let us hope that a real integral issue will be made of this matter next time an agreement is negotiated.

S IN C ER E REGARDI hope that these remarks will

be accepted in the spirit in which they are written: one of sincere regard and admiration for the gallant Garment Workers of the Transvaal, and their many grand battles of the past. I know that the suggestions I have made are applicable to nearly all the registered unions. That is all the more reason for making them. We need clear thought and straight talk in South Africa today-above all, in the working class and democratic movements.

CAPE TOWN MESSAGE TO

VIENNACAPE TOWN.

A declaration on Peace has been drawn up and sent to the People’s Congress for Peace at Vienna by prominent citizens of Cape Town. They affirm that they all liave “the profound conviction that all efforts to promote or strengthen Peace are of vital importance to the well-being of our country and the overwhelming majority of its people”.

The resolution declares that the Vienna Peace Congress will, because of its broad character, “give a lead of hope and practical value acceptable to the peoples in all lands who have nothing to gain from war and everything to lose”.

“The first steps towards the creation of peace between peoples,” continues the declaration, “must include:

“1. The termination of the Korean War, and the return home of all national contingents taking part in it.

“2. An end to the ‘cold war’ as a primary step towards the relaxation of world tension and suspicion.

“3. An active campaign against racism and incitement of hostility between races, groups or nationalities.

“4. An international convention outlawing weapons of mass destruction and terror, including atomic weapons, napalm bombs, chemical and biological warfare.

“5. Progressive reduction of armaments by agreement.

“6. The seeking of negotiated rather than dictated solutions to all outstanding problems between nations.”

Among the signatories are a representative body of T r a d e Unionists, Journalists, Artists and African Women.

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ADVANCE, Newspaper, 1952-1954

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