Evening star., 1953-06-20
Rosenberg Lawyers
Kept Busy All Day
With Futile Efforts
By Jones Y. Newton

EC1e1 Rosenberg, at I:40 laSC
night ended a conversation with
the White House and wearily
hung up the phone in his Statler
Hotel room. Immediately the
phone rang and even more
wearily Mr.. Bloch picked it up
again.
Its all over. Howie," he told
the caller. I'VE can't do any
more. They are going to die.
They're going to die in Is min
utes. We all feel pretty lousy"
That final White House call
marked the end of Emanuel
Bloch's 3O-month fight to save
the RSenbergs, convicted atomic
spies, from the electric chair. 1t
was the end of his frantic, and
sometimes pathetic, day-long
efforts to get a stay Of execution
or clemency from the President.
In the hour preceding the elec-
trocutions 300 miles away, Mr..
Bloch had called the White
House several times. He had
asked to speak to President Eli
senhower; Sherman Adams, his
assistant: James C. Hagerty, the
press secretary. and others, with
out success. The man he talked
to in the final call was Murray
Snyder; the assistant press sec
retary.
First Setback in Court.
Mr.. Bloch's first setback OF
the final day came when the Su-
preme Court, shortly after noon,
tossed out, by a 6-to-3 vote, an
indefinite stay of execution is
sued two days before by one OF
its members, Justice Douglas.
An hour and half later, the
high court denied two motions
made by MIR. Bloch and a fell
low lawyer to give the Rosen-
bergs a respite from death.
Then, began the really frantic.
last-ditch efforts of defense
counsel.
Mr.. Bloch and an associate,
Malcolm Sharp, University OF
Chicago law professor. called at
the chambers of Justice Black
to seek another stay of execution
similar to the one Justice Doug
las had issued. After a wait,
they were told by Harold B. Will
ley, Supreme Court clerk, who
acted as Intermediary all day,
that Justice Black could not con-
slider the plea "for reasons of i'll
health" Justice Black was suf-
fering from shingles.
Telegram to President.
Then Mr.. Bloch dispatched to
President Eisenhower a 300-word
telegram amending an appeal
for clemency in view of the Su-
preme Court decision. The main
plea was being delivered at the
White House about the same
time and was denied by the
President soon afterward.
The counsel then said he would
approach Justice Frankfurter for
a stay, and later decided against
1t. He switched to Justice Burton.
Meantime, two other attorneys
In the case, Fyke Farmer of |
Nashville, and Daniel G. Marshall
of Los Angeles, left the high
court building hurriedly. Mr..
Marshall went to New York for
a last-minute plea to Federal
Judge Irvine kaufman there. and
Mr.. Farmer was on a secret"
mission. The two never were en-
ployed by the Rosenbergs but
were responsible for Justice
Douglas stay of execution. Judge
Kaufman denied the plea.
In New Haven, Conn, two
circuit judges also denied ap-
peals for stays. Judges Thomas
Swan and Jerome Frank met sep
arately with two other attorneys
for the RoSenbergs.
Den0unces Execution Time.
Mr.. Bloch. who up to that
point had maintained fair de-
gree of calm, blew his top while
he and Mr.. Sharp waited to see
Justice Burton. The execution
had been set for II pm. and the
lawyer had asked Attorney Cen
eral Brownell, in any event. not
to let the Rosenbergs die on the
Jewish Sabbath which was to
start at Sundown. Mr.. Bloch was
told of a report. which proved
true, that the execution had been
moved up to before sundown.
IF they execute them before
sundown in view of my request
for postponement," he told re-
porters, cit will cap the climax
of the most inglorious chapter
of American history"
He added, and his remarks be-
came more bitter and intemper-
ate as the long day wore on,
: that the action of Government
officials in the entire Rosenberg
case had revealed ito the entire
world that the people who are
running this Government are
much more barbaric than the
Nazis when they we're in power
in Germany"
Burton Hears Lawyers.
There was another quote from
Mr.. Bloch at the time, which he !
did not deny, to the effect that |
he didn't know what kind of |
animals I am dealing with, but
I know am dealing with ami
mails"
Justice Burton was cloSeted
with Mr.. Bloch and Mr.. Sharp
for over an hour and he denied
their request for stay of execu-
ton.
Emerging from the Justices
chambers, Mr.. Bloch said he
would go to the White House for
q personal appeal to the Presi-