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CHANGING THE TIME OF EXECUTION
The Final Hours
The executions of Julius and Ethel Rosenberg
were scheduled to take place Thursday, June 18, 1953 at 11:00 pm. (This
date, by coincidence or planning, happens to be the Rosenberg's 14 wedding
anniversary.) The series of unfavorable legal decisions were inexorably
leading up to this climatic event. Then Justice Douglas broke the gentleman's
agreement* between the nine members of the Supreme Court and
issued a stay of execution. As previously planned Chief Justice Vinson,
at the behest of the Justice Department, called for a special session of
the Court. It was during that session that the stay was vacated.
These proceedings caused the execution date to be re-scheduled the following
day, Friday, June 19 at 11:00 pm. But Friday evening at sundown is the
start of the Jewish sabbath. A group of defense lawyers (Freedman and Scheiner)
petitioned Kaufman to stay these executions for twenty-four hours. They
argued that it would be sacrilege to kill some one on the sabbath. Kaufman
said that he was also concerned about this religious violation and personally
called Attorney General Brownell. The Attorney General assured him that
there would be no "executions carried out through the sabbath."
Kaufman concluded by saying "there is no need for the stay to be argued
here."
Since the sabbath ends on sundown the following day, the defense lawyers
surmised that the executions were to take place Saturday night,
June 20. This gave them a twenty-four hour
reprieve in which to seek other avenues of redress. But unknown to these
lawyers at that time, and maybe even to Kaufman, Attorney General Brownell
had other plans.
Brownell called Sing Sing warden Wilfred Denno and changed the executions
not to after the sabbath Saturday night, but to before the
sabbath 8:00 pm on that Friday evening. When Emanuel Bloch, main defense
attorney for the Rosenbergs, found out that he had been of victim of this
cruel, inhumane deception, that the executions were moved ahead, he went
into a screaming tirade ending with "I am ashamed to be an American."
He then telephoned Sing Sing and left a message: "This is Manny Bloch.
Please tell Julie and Ethel I did the best I could for them. . . Tell them
I love them. . . " Bloch hung up the phone and wept.
* On June 15, 1953 the Supreme Court held
a special session considering a writ of habeas
corpus, filed by defense attorney John Finerty. It was during this
session that the nine justices agreed that any new motions, regardless
of merit, pertaining to the Rosenberg case, will not be considered.
This gentleman's
agreement was no doubt due to external events and the
bitter internal haggling about the Rosenberg case that had persisted for
so long. It would be in the best interests of the Court and the country
if the case was to be disposed of quickly and without further delay. Expediency
prevails over justice.
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