The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-12-16
Nazi Defense Counsel Aids Prosecution
To Frame Three Bulgarian Communists
Innocent Bulgarian
Communist Leaders
Face Death by Nazis
Judge Plans to Refuse
Dimitroff Right to
Final Speech
Especial to the Daily worL.r)

Especial to the Daily Workerl
AT THE GERMAN BOR-
DER, Dec. Is (Via Zurich.
Switzerland The danger Of
death at the hands of the Naxis
themselves for Dimitroff, Pc
poff and Taneff, Bulgarian
Communist defendants at the Reich
stag fire trial, as well as for Ernst
Torgler, German Communist leader
in Leipzig, doomed menacingly again
today as Teichert, defense" attor-
ney, virtually demanded a recon
sideration of the prosecutions pro
posals for their acquittal.
Although Teichert wound I'D by
formally requesting" the acquit-
tai Of the three Bulgarians, his en-
tire speech was a thinly disguised
and lying attack upon the men
whom he is supposed to be defend
ing.
Other outstanding Developments
, of today's fifty-fifth session Of the
trial were:
1. The statement by Justice Buen-
ger that the court twas considering
the question of not allowing Di7ni-
troff to make his final speech.
2. The attempts on the part OF
all Nazi lawyers, both prosecuting
and defense" to explain away ~
ing or extorted evidence presented
at the trial.
Public Prosecutor Werner con
tinued his speech yesterday By
dealing with the questions of the
Reichstag arson and high treason.
Van der Lubbe's confession, he de-
clared, must be taken as a start
ing point for judging the guilt Of
Torgler and the three Bulgarian
defendants. Van der Lubbe has
confessed and proofs exist, he said,
that he had accomplices. Therefore
the guilt of the four other defend
ants is proved, according to Wer-
ner, although only by circumstantial
evidence.
Werner declared that the old
1uridical principle of cui bcni (who
would have benefited from the
deed proves who are the guilty
parties; that the trial proved that
the Communists hoped to gain adj
vantage from the fire. That they
failed, he claimed, was no counter
proof.
He thus twisted the principle Of
esi bono into proof of the Com
munists' guilt, although in reality
the Nazis had gained from the fire
and the eui bono applies to the
Nazis only. Werner declared that
he maintained and upheld the tes-
timony OF witnesses Grothe, thinner
man, Lebermann, Kunzack proved
liars and semi-lunatics) despite GER
tain doubts of reliability" Werner
then went on to declare that the
Nazi dispositions were reliable, testify
ing that Torgler had been seen In
the Reichstag with Van der Lubbe,
Lebermann, he said, was not "a high
class witness. but worthy of credence
despite previous convictions"
| 81 am aware" Werner said, that
countries abroad place no value on
| this evidence" and went on to EN-.
phasize Torgler's article OF February,
1888, which, Werner stated, contains
distinct Indictment and high treason
in the slogan, Don't wait, but actl"
In summing up Torglcr's case,
Werner came to the general con-
clusion, tantamount to a complete
retreat In the arson accuIation and
shifting the accusation to high
treason: "Torgler was certainly IN
volved In the fire II some manner.
| The trial did not show clearly IN
| what form, but Torgler Is mex
| tricably implicated.
The Bulgartzn's defending counsel
began by railing against the London
Inquiry Commission and against the
Brown Book. stating that the Paris
Defense Committee will assert that
the verdict was anticipated today. He
exposed himself as prosecution
helper by declaring that under the
circumstances the indictment OF the
Bulgarian Communists was justified,
but that no final evidence had been
adduced in the trial, chiefly because
Dimitroff's alibi was perfect, and
because Popoff's and Taneff's alibis
were almost successful" The de-
Tense attorney. Teichert, directed m
unconcea,cd demand to the court TO
condemn the Bulgarian defendants
"The Public Prosecutors proposals.
he declared, DO not release the court
from the duty of careful examination
OF the indictment against the Bul-
| yarians.'
Teichert's "dsfenze' continues b.
morrow.