dtufail/nuremberg-trials-corpus huggingface dataset:
MAJOR JONES: For that reason I cannot take a stand on the question put to me. MAJOR JONES: But, you know, it is indicated perfectly clearly. The reason why it was reduced to manslaughter was that this man Ernst, being an SS man, was particularly sensitive at the sight of Jews, and therefore it was just a youthful adventure, that is the that was operating in the judge's mind. You know it is perfectly clear. You ... REINECKE: I should like to say that as the document states, the prosecution in this case obviously asked for a verdict of murder and for the death sentence. The presiding judge did not, in his verdict, convict the men of murder but of manslaughter. According to the German penal law, the difference between manslaughter and murder is that murder is an action carried out after previous deliberation with the aim of killing a person, while manslaughter is an act of impulse, resulting in the death of a person. The judge, after con-sidering the circumstances described here, based his verdict on this latter legal qualification. MAJOR JONES: Witness, I am obliged to you for your disserta-tion on the difference between manslaughter and murder. I think the Tribunal is familiar with it. But, at any rate, the end of this story was that the Army commander-in-chief crossed the whole thing? REINECKE: That is correct. MAJOR JONES: The sentences were dropped under the amnesty That is the end of this suit of murder by the Army judicial authorities-amnesty and pardoning of the whole thing. I want you now to turn to, another document so the Tribunal can judge how zealous the German authorities were in the pursuit of the SS crimes. It is Document D-926, to be Exhibit GB-568. This comes from an earlier period, not from the days when the Poles or the others who you said were responsible were operating. These were the pioneer days of the SS, 1933, when you joined them. 'this is a file relating to the deaths of prisoners in protective custody at the concentration camp of Dachau.
MAJOR JONES: It starts with a letter dated 2 June 1933, from the provincial court public prosecutor to the State Ministry of Justice. It is headed: "Deaths of prisoners in protective custody at the concentration camp of Dachau." It relates to the Schloss, Hausmann, Strauss, and Netzger cases: "In accordance with my instructions, I had a lengthy discus-sion on 1 June 1933, with Police Commander Himmler in his office at the Police headquarters, Munich, about the incidents at the concentration camp of Dachau, which I have already reported to the Ministry of Justice separately. I particularly reported to him briefly, by showing the photographs from the investigation files, about the Schloss, Hausmann, Strauss, and Netzger cases, of which he appeared to have been informed already. I pointed out that particularly the four above-men-tioned cases, in view of the result of the findings to date, offer good reason for strongly suspecting serious punishable actions on the part of the individual members of the camp guard and of camp officials, and that both the public prose-cution and the Police authorities to whose knowledge these incidents have come, are under the obligation, under the threat of heavy punishment, to carry out the criminal in-vestigation of the above-mentioned incidents without con-sideration for any persons whatsoever...." I don't think I need trouble you with the rest of that document. Document 2 is a letter from the provincial court public prosecutor to the State Ministry of Justice again. It is 11 August 1933. So you see, Witness, no action had apparently been taken from 2 June until 11 August.
REINECKE: I cannot answer this question in simple words, because it touches on a basic problem. MAJOR JONES: I want you to look at the document dated September 1939, which shows the tolerance of murder in the SS by the highest judicial authorities and the German Army. It is Document D-421, which will be Exhibit GB-567. The first page of the memorandum: "The Chief of the Army Judiciary announces by telephone. The Field Court Martial of the Kempf Armored Division has sentenced an SS man of an SS artillery regiment to 3 years' imprisonment, and a military police sergeant major to 9 years' penal servitude for manslaughter. After about 50 Jews, who had been used during the day to repair a bridge, had finished their work in the evening, these two men drove them all into a synagogue and shot them all without any reason. The sentence is submitted to the Commander of the 3rd Army for confirmation. The proposal of the representative of the prosecution is capital punishment for murder." Then there follow initials. Then there is a marginal note: "General Halder requests information on the decision of the Com-mander of the 3rd Army." Then purple pencil notes: "To the Adjutant of the Commander of Army III." And on the next page you will see the course of this history: "Telegram ... to the Oberstkriegsgerichtsrat (military judge of the fourth rank) attached to the Quartermaster General in Berlin .... SS Sturmmann Ernst is granted extenuating cir-cumstances because he was induced to participate in the shooting by a corporal handing him a rifle. He was in a state of exasperation owing to numerous atrocities committed by Poles against persons of German race. As an SS man, he felt at the sight of the Jews the anti-German attitude of Jewry very deeply and therefore acted rashly as a hot-blooded youth. An excellent soldier not punished before." And that is signed by Oberkriegsgerichtsrat (military judge of the third rank) Lipski.
MAJOR JONES: I want you to look at the document dated September 1939, which shows the tolerance of murder in the SS by the highest judicial authorities and the German Army. It is Document D-421, which will be Exhibit GB-567. The first page of the memorandum: "The Chief of the Army Judiciary announces by telephone. The Field Court Martial of the Kempf Armored Division has sentenced an SS man of an SS artillery regiment to 3 years' imprisonment, and a military police sergeant major to 9 years' penal servitude for manslaughter. After about 50 Jews, who had been used during the day to repair a bridge, had finished their work in the evening, these two men drove them all into a synagogue and shot them all without any reason. The sentence is submitted to the Commander of the 3rd Army for confirmation. The proposal of the representative of the prosecution is capital punishment for murder." Then there follow initials. Then there is a marginal note: "General Halder requests information on the decision of the Com-mander of the 3rd Army." Then purple pencil notes: "To the Adjutant of the Commander of Army III." And on the next page you will see the course of this history: "Telegram ... to the Oberstkriegsgerichtsrat (military judge of the fourth rank) attached to the Quartermaster General in Berlin .... SS Sturmmann Ernst is granted extenuating cir-cumstances because he was induced to participate in the shooting by a corporal handing him a rifle. He was in a state of exasperation owing to numerous atrocities committed by Poles against persons of German race. As an SS man, he felt at the sight of the Jews the anti-German attitude of Jewry very deeply and therefore acted rashly as a hot-blooded youth. An excellent soldier not punished before." And that is signed by Oberkriegsgerichtsrat (military judge of the third rank) Lipski. And then there are purple pencil notes on the document: "To the Adjutant of the Commander-in-Chief of Army III," and a lead pencil note: "Telephone call from Oberkriegsgerichtsrat Dr.
MAJOR JONES: Satt-mann to the effect that so far as has been ascertained the Chief of the Army High Conunand will not confirm either sentence." Then added, in lead pencil- "The sentences have been dropped under the amnesty. Punishment was announced before the amnesty. Nine years penal servitude for the police sergeant major changed to 3 years' imprisonment. Three years' imprisonment for SS man, unchanged. Confirmed by Army headquarters." Now, that was a clear countenancing of mass murder by the judicial authorities of the German Army, was it not? REINECKE: In my opinion this document represents, in the second part where it gives an explanation for the mild sentences on the two SS men, a personal opinion of Kriegsgerichtsrat Lipski, who as the presiding judge passed the sentences. Therefore, since I do not know other details of the case, I am not in a position to say whether the reasons which the presiding judge gives deviate from the facts or not. MAJOR JONES: But just for a moment: Do you appreciate that for the murder of 50 Jews-and if the facts as reported in this German document are true it could have been nothing but murder -there was, first of all, a finding of manslaughter? You as a lawyer will appreciate what I am implying. And secondly that this Army judge passed a sentence of 3 years' penal servitude for the murder of 50? He was one of your legal colleagues of the Army and I suggest to you that this is typical of the attitude of you-particularly the SS' and the Army's judicial authorities, to the murder of what you pleased to call subhumans. REINECKE: May I say the following: A question of law as to whether the verdict is based on manslaughter or on murder is undoubtedly at issue here. The actual grounds which caused the judge to convict the men of manslaughter instead of murder are not indicated in the document. For that reason I cannot take a stand on the question put to me. MAJOR JONES: But, you know, it is indicated perfectly clearly.
MAJOR JONES: The reason why it was reduced to manslaughter was that this man Ernst, being an SS man, was particularly sensitive at the sight of Jews, and therefore it was just a youthful adventure, that is the that was operating in the judge's mind. You know it is perfectly clear. You ... REINECKE: I should like to say that as the document states, the prosecution in this case obviously asked for a verdict of murder and for the death sentence. The presiding judge did not, in his verdict, convict the men of murder but of manslaughter. According to the German penal law, the difference between manslaughter and murder is that murder is an action carried out after previous deliberation with the aim of killing a person, while manslaughter is an act of impulse, resulting in the death of a person. The judge, after con-sidering the circumstances described here, based his verdict on this latter legal qualification. MAJOR JONES: Witness, I am obliged to you for your disserta-tion on the difference between manslaughter and murder. I think the Tribunal is familiar with it. But, at any rate, the end of this story was that the Army commander-in-chief crossed the whole thing? REINECKE: That is correct. MAJOR JONES: The sentences were dropped under the amnesty That is the end of this suit of murder by the Army judicial authorities-amnesty and pardoning of the whole thing. I want you now to turn to, another document so the Tribunal can judge how zealous the German authorities were in the pursuit of the SS crimes. It is Document D-926, to be Exhibit GB-568. This comes from an earlier period, not from the days when the Poles or the others who you said were responsible were operating. These were the pioneer days of the SS, 1933, when you joined them. 'this is a file relating to the deaths of prisoners in protective custody at the concentration camp of Dachau. It starts with a letter dated 2 June 1933, from the provincial court public prosecutor to the State Ministry of Justice.
MAJOR JONES: It is headed: "Deaths of prisoners in protective custody at the concentration camp of Dachau." It relates to the Schloss, Hausmann, Strauss, and Netzger cases: "In accordance with my instructions, I had a lengthy discus-sion on 1 June 1933, with Police Commander Himmler in his office at the Police headquarters, Munich, about the incidents at the concentration camp of Dachau, which I have already reported to the Ministry of Justice separately. I particularly reported to him briefly, by showing the photographs from the investigation files, about the Schloss, Hausmann, Strauss, and Netzger cases, of which he appeared to have been informed already. I pointed out that particularly the four above-men-tioned cases, in view of the result of the findings to date, offer good reason for strongly suspecting serious punishable actions on the part of the individual members of the camp guard and of camp officials, and that both the public prose-cution and the Police authorities to whose knowledge these incidents have come, are under the obligation, under the threat of heavy punishment, to carry out the criminal in-vestigation of the above-mentioned incidents without con-sideration for any persons whatsoever...." I don't think I need trouble you with the rest of that document. Document 2 is a letter from the provincial court public prosecutor to the State Ministry of Justice again. It is 11 August 1933. So you see, Witness, no action had apparently been taken from 2 June until 11 August. And then the provincial court public prosecutor, in the last sentence of that letter, after referring to the dossiers relating to Schloss, Hausmann, Strauss, and Netzger, says: "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.
MAJOR JONES: 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. 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.
MAJOR JONES: 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: 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: 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.] "The Chief of the Army Judiciary announces by telephone. The Field Court Martial of the Kempf Armored Division has sentenced an SS man of an SS artillery regiment to 3 years' imprisonment, and a military police sergeant major to 9 years' penal servitude for manslaughter. After about 50 Jews, who had been used during the day to repair a bridge, had finished their work in the evening, these two men drove them all into a synagogue and shot them all without any reason. The sentence is submitted to the Commander of the 3rd Army for confirmation. The proposal of the representative of the prosecution is capital punishment for murder." Then there follow initials. Then there is a marginal note: "General Halder requests information on the decision of the Com-mander of the 3rd Army." Then purple pencil notes: "To the Adjutant of the Commander of Army III." And on the next page you will see the course of this history: "Telegram ... to the Oberstkriegsgerichtsrat (military judge of the fourth rank) attached to the Quartermaster General in Berlin .... SS Sturmmann Ernst is granted extenuating cir-cumstances because he was induced to participate in the shooting by a corporal handing him a rifle. He was in a state of exasperation owing to numerous atrocities committed by Poles against persons of German race. As an SS man, he felt at the sight of the Jews the anti-German attitude of Jewry very deeply and therefore acted rashly as a hot-blooded youth. An excellent soldier not punished before." And that is signed by Oberkriegsgerichtsrat (military judge of the third rank) Lipski. And then there are purple pencil notes on the document: "To the Adjutant of the Commander-in-Chief of Army III," and a lead pencil note: "Telephone call from Oberkriegsgerichtsrat Dr.
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.] Then there follow initials. Then there is a marginal note: "General Halder requests information on the decision of the Com-mander of the 3rd Army." Then purple pencil notes: "To the Adjutant of the Commander of Army III." And on the next page you will see the course of this history: "Telegram ... to the Oberstkriegsgerichtsrat (military judge of the fourth rank) attached to the Quartermaster General in Berlin .... SS Sturmmann Ernst is granted extenuating cir-cumstances because he was induced to participate in the shooting by a corporal handing him a rifle. He was in a state of exasperation owing to numerous atrocities committed by Poles against persons of German race. As an SS man, he felt at the sight of the Jews the anti-German attitude of Jewry very deeply and therefore acted rashly as a hot-blooded youth. An excellent soldier not punished before." And that is signed by Oberkriegsgerichtsrat (military judge of the third rank) Lipski. And then there are purple pencil notes on the document: "To the Adjutant of the Commander-in-Chief of Army III," and a lead pencil note: "Telephone call from Oberkriegsgerichtsrat Dr. Satt-mann to the effect that so far as has been ascertained the Chief of the Army High Conunand will not confirm either sentence." Then added, in lead pencil- "The sentences have been dropped under the amnesty. Punishment was announced before the amnesty. Nine years penal servitude for the police sergeant major changed to 3 years' imprisonment. Three years' imprisonment for SS man, unchanged. Confirmed by Army headquarters." Now, that was a clear countenancing of mass murder by the judicial authorities of the German Army, was it not? REINECKE: In my opinion this document represents, in the second part where it gives an explanation for the mild sentences on the two SS men, a personal opinion of Kriegsgerichtsrat Lipski, who as the presiding judge passed the sentences.