Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-09-24
HITLER IS CHARGED
WITH HIGH TREASON
German Fascist Chief to Tes-
tify on Party'S Aims at
Lieutenants' Trial.

| BY The Associated Press
LEIPSIC. Germany, September "a
Accused of treason, Adolf Hitler leader
of the German Fascist party, was under
subpoena today to testify in the trial
of three young Reichswehr lieutenants
regarding the beliefs and policies Of his
party.
1t was revealed in court, at the time
! the subpoena was sought by Dr. Frank,
attorney for the defense of the three
men, who are charged with high trea-
son, that Hitler is being charged with
| high treason also.
Details of charges against Hitler,
| who is an Austrian, although dictator
in the second strongest party in the
newly elected Reichstag, were not dis
closed, but the presiding Judge would
by the states attorney. as the defense
counsel commended that such a serious
charge was being lodged against him.
May Appear Tomorrow.
1t was expected that he would appear
tomorrow, the date set in the subpoena.
Defense counsel indicated that he would
Dc cSkCu 10 SldbC MIlCttlCI T dSClSJ putty
had not changed since 1923, year of
the Munich beer cellar" putsch. This
may involve Acknowledgement or denial
that he would have his party overthrow
the constitution by unconstitutional
means.
The three lieutenants, Richard Scher-
niger, Hans Ludien and Hans Friedrich
Wendell. used yesterdays appearances in
court as opportunity to expound their
theories of responsibility Of the past
German governments.
I'VE could have no confidence in
government which is permanently paci-
fist and neglects the true interests of
the army which exists to fight for the
nation" their spokesman told the court.
They are charged with implantation
of Fascist cells in the German army
with the intention Of overthrowing the
constitution.
With resumption of the trial the
lieutenants today the defense applied
for permission to summons Gen. Will
helm Heye, commander in chief of tile
Reisckwehr. who in preliminary ex-
animation asserted that Richard Scher-
niger was not guilty of breach of duty.
In the course of today's trial Judge
Baumgarten proouced the Reichswehr
ministry's order expressly forbidding
officers to have anything to do with
subversive movements. The three ac-
cused admitted that they knew the
contents of the order.
Accused Called Tools.
The defense attorney. DR.. Frank, de-
clared:
Behind the charge against these
Re:chswehr officers looms like a storm
the menace that the National Socialists
are planning to overthrow the govern
mr. 40 COyacfiffIfinf1 and that the
accused were merely tools used by the
party to undermine the Reichswehr.
THE question of whether the Nation
al Socialists are aiming to overthrow
the constitution by illegal methods is
| the real core of this trial. This is clear
also to the general public, which is less
concerned with the three defendants
here than with this question. Since
Hitler possesses dictatoral powers with
in the party he should be examined
/ here, in view of the fact that his teSti-
mony may clear the accused"
Inasmuch as defense counsel also
happened to be Hitlers attorney, the
speech naturally was interpreted by
anti-Fascists as an attempt to give Hit
Ter an opportunity TO "whiteWash' the
Fascist movement of Putsch suspicious
and TO qualify him for participation
in the new cabinet
Court Brings Out Charge.
The court, however, developed
! through questioning by the attorney
! general that the latter's office was not
| concerned in the present case with the
/ general aims Of the Hitler movement
but was seeking solely to determine
| whether the defendants allied them
| selves with the revolutionary movement
| The court then casually remarked
I ~ rnpracflu inform q
there is a high treason investigation
| under way against certain leaders of
I the National Socialist party, including
! Hitler"
THAT is correct" replied the attorney
! general, but the Investigations are
! still pending, so 1 cannot make fur
1 ther statement"
But for this court" said the judge
1t is important to know II there is
a charge pending against Hitler"
Declares Charge Exists.
Thereupon the defense counsel in a
! loud voice interjected:
| Yes, 1t is true Mr.. Attorney Gen.
eral. l can confirm that there is a
high treason proceeding under way
| against Adolf Hitler"
The attorney general then said that
| so far as he had bsen informed the
Rsichswehr had brought the complaint
against Hitler.
At Reichswehr headquarters it was
! stated that the treason complaint was
still pending. More than year age
Hitler's paper published a 'Reichswehl
number" which was alleged to contain
matter designed to undermine the
Reichswehr. The attorney general asked
the Reichswehr for an opinion as to
whether the article could be considered
reasonable and meanwhile Hitler ISSUED
a. defense
Both the Hitler and Reichswehr state.
ments are now in the hands of the at
torney general for a decision whether
Hitler should actually be indicted FOL
treason. So far no formal charge hai
been issued against him, but If ont
should be he would be liable to arrss
the same as were the defendants il
the present case.