Evening star., 1933-09-21
The Reichstag Fire Trial.

The Reichstag Fire Trial.
Today, before the Criminal Senate OF
the German Supreme Court at Leipzig
begins the remarkable trial to fix re-
sponsibility for the fire that burned out
the Reichstag building in Berlin on
the night of February 27. 1893. Tech
nically, it will determine the fate OF
five men charged with high treason
They are accused Of having caused the
fire "either directly or indirectly" and
face death under retroactive decree
issued the day after the conflagration.
The Leipzig case far outstrips in i'm
portance mere proceedings to determine
the legal guilt of a group accused OF
the crime Of incendiarism. In the eyes
Of the world, nothing less than German
justice and Nazidom itself are on trial
especially in light Of sensational testi-
mony recently introduced before an
international commission of jurists In
London. There the charge was openly
supported that some Of the highest Nazi
functionaries, including Hitler's potent
next in command, Prussian Premier
Goering, were the ones actually respon-
sible for the fire. This grave allegation
is based on the theory that the Nazis
last Winter felt the need Of manufac-
turing spectacular evidence Of sedition
against their Communist archfoes. The
government will contend at Leipzig that
all five defendants are Communists who
set fire to the ReichstaR building as .
signal for q Communist revolution in
Germany.
However inept the Hitlerites may be
in other fields of statecraft, domestic
and foreign, their skill in organized
propaganda is peerless. The Supreme
Court proceedings open with German
public opinion we'll crystallised' against
the prisoners in the dock, bulwarked
since their indictment by incessant ad
ditional proof" that the Communist
menace still threatens the Fascist Reich.
Private skepticism as to the guilt Of
the defendants may exist here and
there in Germany, but in the press
and among the mass Of goose-stepped
citizens who now comprise the Nazi
state the alleged tncendiaries have
long since ranked as convicted "mur-
derous Reds" hardly entitled to their
day in court.
Fully aware that the worlds eyes are
on Leipzig this week, the German au-
thorities will make every effort to vim
dicate the German judicial system and
discredit the serious charges leveled
against the Hitler regime, yet memory
with difficulty recalls criminal proceed
ings the outcome Of which could SO as
suredly be predicted In advance.
The Nazi minister OF Justice, DR.. Hans
Frank, assuring the world that impair
tial justice will be meted out at Leip-
zig. denounces the recent London hear
ing as a comedy" He characterizes
the charge that Hitlerites themselves
put the Reichstag to the torch as akin
to the stop thiefl" cry sent up by .
trapped criminal. According to q Ger
man ofhcial statement. the principal
defendant, . 24-year-old Dutch ex-
Communist named Marinu van der
Lubbe, has confessed his guilt; his CO.
defendants will plead not guilty. Van
der Lubbe, who was apprehended in
the burning building. will be defended
by a Leipzig attorney assigned to the
task by the court. The other de-
PENDANTS are q German, Ernest Torgler,
former Communist member of the
Reichstag. and three Bulgarians.
Many foreign lawyers, including some
in the United States, offered their
services as associate counsel for the de-
fense, but the proposals were rejected.
A few foreign jurists have been invited
to attend the trial as spectators, but
the defense will apparently remain ex-
clusively in German hands.
The trial is expected to last three
weeks. Some of its sessions will be held
at the scene Of the fire In Berlin. More
than one hundred and twenty witnesses
are to be heard. The tension amid
which the trial begins is evidenced by
the order to close Leipzig to air trafnc
for the duration of proceedings. Not
only will violators be punished, but Of
tending planes will be shot down, If
necessary.
If found guilty, Chancellor Hitler has
already announced, the Reichstag in
cendiaries will be executed in public, as
q spectacular demonstration Of Nazi
methods with enemies Of the Third
Reich.