The midland journal. (Rising Sun, Md.) 1885-1947, 1942-08-21
NAzf SPIES WROTE TEST1MON-
IAL TO FAIRNESS OF
IT. q. TRIAL

with their lives for plotting to sabO-
tage Americas war effort, volun-
tarily drafted and signed a "testi-
monial' to the fairness of their
military trial, it was learned from a
government official.
Their action was unprecedented
in the history of international war
fare.
The Testimonial, which also ex-
pressed their grateful appreciation
for fair treatment at the hands Of
military authorities, was written out
in long-hand by John Edward Kerl-
ing, 33-year-old head of the Nazi
saboteurs who landed on the coast
of Florida June II. The original
draft was signed by all six of the
Nazis, who died Saturday Aug. 8, in
the District of Columbia electric
chair.
After the Nazis presented their
testimonial" to the military COM
mission, it was typed out by a De-
partment of Justice stenographer
and the six Germans then signed
the typewriter copy. The typed
document was photographed and
copies presented to each of the seven
generals, who composed the military
commission named by President
Roosevelt to try the Nazis, and to
both prosecution and defense at
torneys.
The Germans refused to permit
either George John Dasch or Ernest
Peter Burger, who were saved from
death by President Roosevelt, to
sign the document or participate
in the drafting of it. One reason
they gave their guards at the time
was that they had no use for the
"squealers"-the two Nazis who
turned states evidence against their
comrades and escaped the electric
chair.
Another reason, given by one au-
thority who overheard their DELHI
erations, was that they wished the
document to stand for all time-for
perusal aftert the war ends-as a
testimonial to the fairness of their
American trial, and that they feared
it's effect would be mitigated in the
future if they permitted Dasch and
Burger, the two sturncoats", to
sign it.
The Testimonial" was drawn up
under the most dramatic circum-
stances Monday, Aug. 8, after the
military commission met for two
minute session-from 11:05 to
1907 a. M 1t was then that the
commission informed all eight
Nazis that they had been convicted
and the death penalty imposed. 1t
is not known whether the commits
sion told Dasch and Burger that it
had recommended them for execu
tive clemency.
The commission, however, did in
form the Nazis that the record of
their trial and the findings were
being forwarded to the President
for his review and approval.
Then the commission adjourned
the trial. 1t was Kerling, the hard
boiled Nazi adventurer, who amazed
the commission by asking permits
sion to write a testimonial for pre-
sentation to the commission. His
request was granted.
1t came when the six Nazis, who
signed it, knew that they had been
convicted and knew that they were
going to die. For them, the race
was ended-and yet at that moment,
the Nazis thought of the record-a
record that will not be read until
the war ends for Mr.. Roosevelt has
sealed it until peace comes again.
One official, connected with the
case, said Kerling and his fellow
Nazis were deeply impressed by the
defense efforts of their Army at
torneys, Coils. Kenneth Royal and
Cassius M. Dowell. He said the
saboteurs were thrilled-their van
ity touched-by the fact that Amer
lean justice permitted their coun-
sci to summon the United States
Supreme Court back from its vaca-
ton to hear their case.
1t was this course of American
Justice, which permitted attorneys
for the six captured invaders to in
woke the American constitution to
protect them and to test the legal
ity of their defense in the highest
free tribunal on earth, that con-
WINGED the Nazis of the fairness of
their trial. And, frankly, they
said they were surprised" at this
fair treatment.
So, with death staring them in the
face, they put their surprise and ap-
probation in writing, so posterity
can read their tribute to justice in