Evening star., 1949-11-03
burgman 10 Resume
Witness Box Today
In Treason Trial

In treason Trial
Beetle -browed, and red-eyed
Herbert J. Burgman was to re-
turn to the witness stand in Dis
trict Court today to defend him.
self against a charge of treason to
the United States.
The former chief clerk at the
United States Embassy in Berlin
is accused of remaining in Ger
many during World War II to
make propaganda broadcasts to
the United States over the Nazi
shortWave radio.
Burgman. who testified yester-
day, does not deny this. But he
contends he was unable to leave
Germany with the rest of the
Embassy staff because of illness.
And yesterday he testified that he
accepted employment at the Ger
man broadcasting station only be-
cause, under the German COM
pulsory labor law. he was liable
for the death penalty If he refused
to do so.
Mental Illness Contended.
The defense in the District Court
trial also has tried to show that
Burgman, during the war years,
was suffering from a severe mental
illness. At yesterdays session, the
defendant testified that both his
father and his brother died in
insane asylums.
His testimony filled in the de-
tails already sketched by his wife
and son, who appeared earlier for
the defense. That story is as
follows:
On the day that war broke out
between Germany and the United
States, he was working as a clerk
in the Office of the military at
tache in Berlin. The staff men,
bers, at the time. were ordered to
turn in their passports and pre-
pare for repatriation to the United
States. He turned in his pass
port and returned to his apart
ment to make final arrangements.
but that night he was stricken
with a severe heart attack.
From then on, although he made
several attempts to get instruc-
tions and help from the Embassy,
no american official contacted
him, he continued. After his re-
covery several weeks later he was
placed under supervision by the
Nazi police and told to report to
the German Labor Office to be
assigned to a job.
Questions Limited.
Judge Alexander Holtzoff lin
tied Defense Attorney James j.
Laughlin In his questions about
Burgman's attempts to get out of
the country through the Swiss
Legation in Berlin.
II don't think 1t makes any diff
ference whether or not the de-
fendant made every effort to
leave Germany" Judge Holtzoff
said. He Is not. charged with
not having left Germany. The
offenses with which he was
charged (13 counts of treason
based on the propaganda broad
casts) started in 1942, whereas he
would have left Germany in le4l."
Burgman. under questioning.
told how he had made several
attempts to set work In different
industrial concerns but could uut
get the approval of the lat tor
Office. Al
Around February /, ,l94I, lie
was first ordered to go to- ehe
short-wave Office Of the Nazi
broadcasting station. Burgnian
said.
'The labor Office gave me q
regular written order to appear
giving the address of the place"
he said. "At the bottom of the
paper was a short summary OF
the labor law. giving the penal
ties for not complying.
Penalty Was Death"
What were the penalties?"
asked Defense Attorney Laughlin.
THE maximum penalty was
DEATH" the defendant replied.
Burgman testified he went to
the station and eventually was
given a job translating news
written in German.
His bosses at the station, he said.
were two witnesses who had for
merly testified for the prosecution,
Gerdt A. Wagner and Edward
Sitter.
Burgman testified that, when
the question of salary first came
up, he told Wagner: II don't want
any Of your money" But Wagner
insisted that he be put on the
payroll, Burgman said. His SAL
ary was $4,000 marks a month,
500 of which he was forced to
return to Wagner as a "contribu-
tion," Burgman told the court.
The defendant was not ques-