dtufail/nuremberg-trials-corpus huggingface dataset:
MAJOR JONES: Delvin Katz, of Nuremberg, a prisoner in protective custody born on 3 August 1887, hanged themselves in their solitary confinement cells in Dachau Con-centration Camp. The public prosecution on the same morning ordered a legal examination to be held in the camp, followed by a post mortem. The corpses had already been removed from the cells and were lying on stretchers in a locked shed ,of the camp. With the exception of the feet they were com-pletely stripped. In Franz' cell fresh blood spots and splashes were observed on the plank bed." And then it goes on to say that a judicial autopsy was ordered on 20 October. In the next paragraph there is the autopsy7 "The autopsy gave grounds for a well-founded suspicion that in the case of both corpses force by an outside hand had been applied. According to the preliminary opinion of both coroners  (Landgerichtsarzt Dr. Flamm and Gerichtsarzt Dr. Nieden-thal) death by suffocation, as a result of strangulation and throttling, was established in both cases. The strangulation marks found on the neck do not correspond to observations in the case of persons hanged. In respect to Franz!s body, it is also stated in the preliminary opinion that fat embolism is not, prima facie, to be excluded as a contributing cause of death. On this corpse fresh weals were found on the thick head of hair and especially on the body and the arms, accom-panied by profuse hemorrhages and ruptures of the fat tissue. Besides the injuries on the neck, the body of Katz showed also bruises, abrasions, and cuts of the skin. "At the examination, the public prosecution had demanded the production of both belts with which Franz and Katz had allegedly hanged themselves; they could not be handed over at once. The Dachau lower court had ordered the confiscation of the belts in accordance with the application.
MAJOR JONES: Until now, the objects confiscated had not yet been received by the public prosecution." Then Paragraph III: "In each case I informed the Ministerpräsident, and through him, the Reichsstatthalter in Bavaria, as well as the State Minister of the Interior, of the public prosecution's reports. "In a letter of 29 November 1933, addressed to me, the State Minister of the Interior proposed that, for State political reasons, the inquiry pending at the public prosecution of the Provincial Court, Munich II, into the death of Hugo Hand-schuch, Wilhelm Franz, and Delvin Katz, former prisoners in protective custody, should be quashed. As a reason it is pointed out that the conducting of investigations would seriously injure the prestige of the National Socialist State, since these proceedings would be directed against members of the SA and SS, whereby the SA and the SS, as the chief pillars of the National Socialist State, would be immediately affected." And then Frank goes on to give an opinion in law that the Reichs-statthalter in fact has the right of pardoning. He states that in the last part of the last paragraph but one: "The Constitutional Deed of the Free State of Bavaria of 14 August 1919 forbade the quashing of criminal investiga-tions. The law of 2 August 1933 regarding the quashing of criminal investigations removed the ban of quashing. Accord-ing to the Bavarian State law at present valid, the legal possibility therefore exists of quashing individual criminal proceedings by means of an administrative act in the form of a pardon." And then he states that this right is vested in the Reich Governor of Bavaria, and goes on to suggest that "in view of this legal posi-tion the proposal of the State Minister of the Interior be submitted to the Council of Ministers." The next document, Page 10 of the English text, Document 12 of the German text, indicates that the Council of Ministers was not prepared to countenance the quashing.
MAJOR JONES: Page 10 of the English text, My Lord-and it states: "The proposal of the State Minister of the Interior that the inquiry pending at the public prosecution at the Provincial Court, Munich II, into. the death of the prisoners Handschuch, Franz, and Katz, who were in protective custody, be quashed was the subject of a debate during the meeting of the Council of Ministers of 5 December 1933. As a result, the State Minis-ter of Justice communicated the following to the undersigned official: "'The criminal proceedings regarding the happenings in the Dachau Concentration Camp are to be continued with all determination. The facts are to be cleared up with the utmost speed.'" Then there are various instructions with regard to the inquiries. The next step of this story is Document 12 of the German file, Page 11 of the English text: "Presented to the State Minister with the request that he take note. The note of the first public prosecutor, Dr. Stepp, regarding the carrying out of his instructions is attached with the request that note be taken.... "By order of Ministerial Counsellor Döbig, I communicated to the Reichsführer SS Himmler the decision taken yesterday by the Council of Ministers concerning the cases of Hand-schuch, et cetera. The Reichsführer SS told me that the mat-ter chiefly concerned the Chief of Staff of the SA, Reich Minister Röhm. He (Himmler) had to discuss the matter with Röhm first." Then Röhm gives certain" instructions which this correspondent, Dr. Stepp, writes down from memory: "The Dachau Camp is a camp for prisoners who were appre-hended for political reasons and are kept in protective custody. The incidents concerned are of a political nature and must be decided under all circumstances first of all by the political authorities. To my mind they are not suited to be dealt with by the legal authorities. This is my opinion as Chief of Staff and also as a Reich Minister who is interested in the Reich not suffering politically because of the proceedings in question.
MAJOR JONES: THE PRESIDENT: Well, we had better adjourn now. We have already been 50 minutes. [The Tribunal adjourned until 8 August 1946 at 1000 hours.] "Should the dossiers not be required at present, I would request the return of these files for the purpose of examining whether the decree of 2 August 1933 regarding the granting of immunity, from punishment has to be applied." I need not trouble you with the third document, or the fourth. If the Tribunal turns to Page 5 of its copy, and if you, Witness, turn to Document 8, which is the next I wish to refer to-that is a report again, from the provincial public prosecutor to the State Ministry of Justice: "Death of the prisoner in protective custody, Hugo Handschuch, in Dachau Camp." Have you found that, Witness? REINECKE: Yes, I have found it. MAJOR JONES: I am reading from Page 5 of the English text: "Subject: Death of the prisoner in protective custody, Hugo Handschuch, in Dachau Camp. "The judicial autopsy ordered by me took place in Dachau on 23 September 1933."I am reading from Page 5 of the English text now. --"It showed that death was due to a brain injury owing to hemorrhage in the soft membrane and that this hemorrhage was caused by blows with a blunt instrument, which hit the skull particularly in the region of the left temple and the back of the head. In addition, profuse bleeding was established on the corpse round the left cheek, in the right shoulder and left upper arm regions, on the buttocks and the upper thigh and of the lower part of the left thigh -the results of blows on the body of the deceased with a blunt object, while alive. On the findings based on the post mortem, the preliminary medical opinion gave grounds for assuming outside responsibility. "I intend to continue the further necessary search for the per-petrators in collaboration with the Political Police." And it is brought to the attention, as you see, of the Prime Minister with a request to take note and forward to the Reich Governor in Bavaria. And then there is a notice given to the State Minister of the Interior.
MAJOR JONES: Then Document 11, Page 9 of the English text-proposal made by the Minister of the Interior to quash the inquiry into the deaths of the protective custody prisoners, Handschuch, Franz, and Katz. Handschuch, you'll remember, Witness, was the subject of the autopsy which indicated outside responsibility. This is a letter from Adolf Wagner to the Defendant Dr. Frank, the representative Nazi jurist. The letter, which has been in Court, is dated 29 November 1933. THE PRESIDENT: What Dr. Frank do you refer to? MAJOR JONES: That is the Defendant Frank, My Lord. THE PRESIDENT: Yes, go ahead. MAJOR JONES: "The Commander of the Political Police in the Ministry of the Interior presented to you, on 18 November 1933, a proposal according to which the inquiry into the cases of the prisoners in protective custody, Hugo Handschuch, Wilhelm Franz, and Delvin Katz, should be quashed for State political reasons. In connection with this case you sent to me the liaison man of the State Ministry of Justice with the Bavarian Political Police, Public Prosecutor Dr. Stepp. Meanwhile, in a dis-cussion with the Commander of the Political Police, Reichsführer SS Himmler, I have ascertained once more that by the pursuance of this inquiry the reputation of the National Socialist State would greatly suffer, because this inquiry would be directed against members of the SA and SS, and thus the SA and the SS, as the main pillars of the National Socialist State, would be directly affected. For these reasons, I support the proposal of the Commander of the Political Police in the State Ministry of the Interior for quashing the inquiry presented to you on 18 November." I don't think I need trouble with the rest of that letter. It states that the inhabitants of the concentration camp are almost exclusively criminal types. The next document, Document 10 of the German pile ... THE PRESIDENT: Mr. Elwyn Jones, the document you have just been reading from, which is on Page 9 of the English text, is dated 29 November 1933. Is that a misprint? MAJOR JONES: No, My Lord, that ' is correct.
MAJOR JONES: THE PRESIDENT: The document on Page 5, which you read before, from the public prosecution, is dated 26 September 1936. Is that correct? MAJOR JONES: No, My Lord, that is a misprint and I should have called Your Lordship's attention to it. That should be 1933, My Lord, and I am much obliged. THE PRESIDENT: That is Page 5. In referring to the document, you should state that the pages which you did not refer to, Pages 3 and 4, show that the other dossiers, in connection with the public prosecutor, Provincial Court, Munich, were apparently lost and were not forthcoming and that inquiries were going on about them until 1935. MAJOR JONES: Yes, My Lord. Much obliged. I was trying to deal with the essential contents of the file. THE PRESIDENT: Go on then. MAJOR JONES: I want you, Witness, to look at Page 6 of the English text and Document 10 of your file. That is a memo from Dr. H. Frank, the defendant, dated 2 December 1933, to the Prime Minister, and the subject is "Quashing of criminal proceedings": "A merchant's wife, Sophie Handschuch, of Munich, in a writ- ten accusation received by the public prosecution at the Provincial Court Munich II, on 18 September 1933, stated that her son, Hugo Handschuch, taken into protective custody on 23 August 1923"-that should be 1933-"died of heart failure in Dachau Camp on 2 September 1933. In the inquest certificate, heart failure following on a concussion of the brain was given as the cause of death. The body was not shown to the relatives and was released only after great difficulties on condition that the coffin would not be reopened. The lid of the coffin was so firmly nailed down that it was impossible to reopen it. The writer asked that the coffin be opened and a judicial post mortem held, as she wanted the body identi-fied and the cause of death established. "In order to clear up the matter, the public prosecutor at the Provincial Court, Munich II, at first personally questioned the plaintiff, Sophie Handschuch, and the flanc6e of the deceased, Thea Kink.
MAJOR JONES: THE PRESIDENT: Well, we had better adjourn now. We have already been 50 minutes. [The Tribunal adjourned until 8 August 1946 at 1000 hours.] I need not trouble you with the third document, or the fourth. If the Tribunal turns to Page 5 of its copy, and if you, Witness, turn to Document 8, which is the next I wish to refer to-that is a report again, from the provincial public prosecutor to the State Ministry of Justice: "Death of the prisoner in protective custody, Hugo Handschuch, in Dachau Camp." Have you found that, Witness? REINECKE: Yes, I have found it. MAJOR JONES: I am reading from Page 5 of the English text: "Subject: Death of the prisoner in protective custody, Hugo Handschuch, in Dachau Camp. "The judicial autopsy ordered by me took place in Dachau on 23 September 1933."I am reading from Page 5 of the English text now. --"It showed that death was due to a brain injury owing to hemorrhage in the soft membrane and that this hemorrhage was caused by blows with a blunt instrument, which hit the skull particularly in the region of the left temple and the back of the head. In addition, profuse bleeding was established on the corpse round the left cheek, in the right shoulder and left upper arm regions, on the buttocks and the upper thigh and of the lower part of the left thigh -the results of blows on the body of the deceased with a blunt object, while alive. On the findings based on the post mortem, the preliminary medical opinion gave grounds for assuming outside responsibility. "I intend to continue the further necessary search for the per-petrators in collaboration with the Political Police." And it is brought to the attention, as you see, of the Prime Minister with a request to take note and forward to the Reich Governor in Bavaria. And then there is a notice given to the State Minister of the Interior. Then Document 11, Page 9 of the English text-proposal made by the Minister of the Interior to quash the inquiry into the deaths of the protective custody prisoners, Handschuch, Franz, and Katz.
MAJOR JONES: Handschuch, you'll remember, Witness, was the subject of the autopsy which indicated outside responsibility. This is a letter from Adolf Wagner to the Defendant Dr. Frank, the representative Nazi jurist. The letter, which has been in Court, is dated 29 November 1933. THE PRESIDENT: What Dr. Frank do you refer to? MAJOR JONES: That is the Defendant Frank, My Lord. THE PRESIDENT: Yes, go ahead. MAJOR JONES: "The Commander of the Political Police in the Ministry of the Interior presented to you, on 18 November 1933, a proposal according to which the inquiry into the cases of the prisoners in protective custody, Hugo Handschuch, Wilhelm Franz, and Delvin Katz, should be quashed for State political reasons. In connection with this case you sent to me the liaison man of the State Ministry of Justice with the Bavarian Political Police, Public Prosecutor Dr. Stepp. Meanwhile, in a dis-cussion with the Commander of the Political Police, Reichsführer SS Himmler, I have ascertained once more that by the pursuance of this inquiry the reputation of the National Socialist State would greatly suffer, because this inquiry would be directed against members of the SA and SS, and thus the SA and the SS, as the main pillars of the National Socialist State, would be directly affected. For these reasons, I support the proposal of the Commander of the Political Police in the State Ministry of the Interior for quashing the inquiry presented to you on 18 November." I don't think I need trouble with the rest of that letter. It states that the inhabitants of the concentration camp are almost exclusively criminal types. The next document, Document 10 of the German pile ... THE PRESIDENT: Mr. Elwyn Jones, the document you have just been reading from, which is on Page 9 of the English text, is dated 29 November 1933. Is that a misprint? MAJOR JONES: No, My Lord, that ' is correct. THE PRESIDENT: The document on Page 5, which you read before, from the public prosecution, is dated 26 September 1936. Is that correct?
MAJOR JONES: MAJOR JONES: No, My Lord, that is a misprint and I should have called Your Lordship's attention to it. That should be 1933, My Lord, and I am much obliged. THE PRESIDENT: That is Page 5. In referring to the document, you should state that the pages which you did not refer to, Pages 3 and 4, show that the other dossiers, in connection with the public prosecutor, Provincial Court, Munich, were apparently lost and were not forthcoming and that inquiries were going on about them until 1935. MAJOR JONES: Yes, My Lord. Much obliged. I was trying to deal with the essential contents of the file. THE PRESIDENT: Go on then. MAJOR JONES: I want you, Witness, to look at Page 6 of the English text and Document 10 of your file. That is a memo from Dr. H. Frank, the defendant, dated 2 December 1933, to the Prime Minister, and the subject is "Quashing of criminal proceedings": "A merchant's wife, Sophie Handschuch, of Munich, in a writ- ten accusation received by the public prosecution at the Provincial Court Munich II, on 18 September 1933, stated that her son, Hugo Handschuch, taken into protective custody on 23 August 1923"-that should be 1933-"died of heart failure in Dachau Camp on 2 September 1933. In the inquest certificate, heart failure following on a concussion of the brain was given as the cause of death. The body was not shown to the relatives and was released only after great difficulties on condition that the coffin would not be reopened. The lid of the coffin was so firmly nailed down that it was impossible to reopen it. The writer asked that the coffin be opened and a judicial post mortem held, as she wanted the body identi-fied and the cause of death established. "In order to clear up the matter, the public prosecutor at the Provincial Court, Munich II, at first personally questioned the plaintiff, Sophie Handschuch, and the flanc6e of the deceased, Thea Kink.
REINECKE: Yes, I have found it. MAJOR JONES: I am reading from Page 5 of the English text: "Subject: Death of the prisoner in protective custody, Hugo Handschuch, in Dachau Camp. "The judicial autopsy ordered by me took place in Dachau on 23 September 1933."I am reading from Page 5 of the English text now. --"It showed that death was due to a brain injury owing to hemorrhage in the soft membrane and that this hemorrhage was caused by blows with a blunt instrument, which hit the skull particularly in the region of the left temple and the back of the head. In addition, profuse bleeding was established on the corpse round the left cheek, in the right shoulder and left upper arm regions, on the buttocks and the upper thigh and of the lower part of the left thigh -the results of blows on the body of the deceased with a blunt object, while alive. On the findings based on the post mortem, the preliminary medical opinion gave grounds for assuming outside responsibility. "I intend to continue the further necessary search for the per-petrators in collaboration with the Political Police." And it is brought to the attention, as you see, of the Prime Minister with a request to take note and forward to the Reich Governor in Bavaria. And then there is a notice given to the State Minister of the Interior. Then Document 11, Page 9 of the English text-proposal made by the Minister of the Interior to quash the inquiry into the deaths of the protective custody prisoners, Handschuch, Franz, and Katz. Handschuch, you'll remember, Witness, was the subject of the autopsy which indicated outside responsibility. This is a letter from Adolf Wagner to the Defendant Dr. Frank, the representative Nazi jurist. The letter, which has been in Court, is dated 29 November 1933. THE PRESIDENT: What Dr. Frank do you refer to? MAJOR JONES: That is the Defendant Frank, My Lord. THE PRESIDENT: Yes, go ahead.
REINECKE: MAJOR JONES: "The Commander of the Political Police in the Ministry of the Interior presented to you, on 18 November 1933, a proposal according to which the inquiry into the cases of the prisoners in protective custody, Hugo Handschuch, Wilhelm Franz, and Delvin Katz, should be quashed for State political reasons. In connection with this case you sent to me the liaison man of the State Ministry of Justice with the Bavarian Political Police, Public Prosecutor Dr. Stepp. Meanwhile, in a dis-cussion with the Commander of the Political Police, Reichsführer SS Himmler, I have ascertained once more that by the pursuance of this inquiry the reputation of the National Socialist State would greatly suffer, because this inquiry would be directed against members of the SA and SS, and thus the SA and the SS, as the main pillars of the National Socialist State, would be directly affected. For these reasons, I support the proposal of the Commander of the Political Police in the State Ministry of the Interior for quashing the inquiry presented to you on 18 November." I don't think I need trouble with the rest of that letter. It states that the inhabitants of the concentration camp are almost exclusively criminal types. The next document, Document 10 of the German pile ... THE PRESIDENT: Mr. Elwyn Jones, the document you have just been reading from, which is on Page 9 of the English text, is dated 29 November 1933. Is that a misprint? MAJOR JONES: No, My Lord, that ' is correct. THE PRESIDENT: The document on Page 5, which you read before, from the public prosecution, is dated 26 September 1936. Is that correct? MAJOR JONES: No, My Lord, that is a misprint and I should have called Your Lordship's attention to it. That should be 1933, My Lord, and I am much obliged. THE PRESIDENT: That is Page 5.
MAJOR JONES: I am reading from Page 5 of the English text: "Subject: Death of the prisoner in protective custody, Hugo Handschuch, in Dachau Camp. "The judicial autopsy ordered by me took place in Dachau on 23 September 1933."I am reading from Page 5 of the English text now. --"It showed that death was due to a brain injury owing to hemorrhage in the soft membrane and that this hemorrhage was caused by blows with a blunt instrument, which hit the skull particularly in the region of the left temple and the back of the head. In addition, profuse bleeding was established on the corpse round the left cheek, in the right shoulder and left upper arm regions, on the buttocks and the upper thigh and of the lower part of the left thigh -the results of blows on the body of the deceased with a blunt object, while alive. On the findings based on the post mortem, the preliminary medical opinion gave grounds for assuming outside responsibility. "I intend to continue the further necessary search for the per-petrators in collaboration with the Political Police." And it is brought to the attention, as you see, of the Prime Minister with a request to take note and forward to the Reich Governor in Bavaria. And then there is a notice given to the State Minister of the Interior. Then Document 11, Page 9 of the English text-proposal made by the Minister of the Interior to quash the inquiry into the deaths of the protective custody prisoners, Handschuch, Franz, and Katz. Handschuch, you'll remember, Witness, was the subject of the autopsy which indicated outside responsibility. This is a letter from Adolf Wagner to the Defendant Dr. Frank, the representative Nazi jurist. The letter, which has been in Court, is dated 29 November 1933. THE PRESIDENT: What Dr. Frank do you refer to? MAJOR JONES: That is the Defendant Frank, My Lord. THE PRESIDENT: Yes, go ahead.