Copy
The Reichminister of Justice Z.F.g 10 1696.34
Berlin, June 5, 1935
1. A message to the deputy of the Fuehrer Reichminister Hess.
Confidential
Personal
Regarding: penal proceedings against the merchant and SA leader Lt. Colonel [Obersturmbannfuehrer] Jaehnichen and 22 companions on account of inflicting bodily injury on duty (protective custody Camp Hohenstein in Saxony).
Dear colleague!
With inference to the bill of indictment sent by me under my communication of March 20, 1935 regarding the penal proceedings mentioned above, I beg to inform you of the following:
After a main trial, lasting about six weeks, the assistant prosecutor Staatsanwalt Dr. Walther, proposed the following sentences on May 3, 1935:
Against Jaehnichen
(Camp Commandant) 5 years penetentiary Against Zikera—1 year, 6 months prison
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784-PS
Against Heinz Meier—3 years prison Against Herbert Meier—3 years, 2 months prison Against Tuerke—3 years prison Against Volkmar—2 years, 3 months penetentiary Against Leuschner—2 years, 3 months prison ' Against Romkopf—2 years, 6 months prison Against Karche—1 year, 8 months prison Against Hausch—1 year, 4 months prison Against Lehmann—3 years, 3 months prison Against Kuehnel—1 year prison Against Stachowski—1 year prison Against Ude—1 year prison Against Friedrich—1 year, 3 months prison Against Schmeling (Police)—1 year prison Against Konitz—1 year prison Against Uhlmann—1 year prison ' Against Sturzkober—10 months prison Against Schupp—1 year, 6 months prison
' Against Hensel—2 years; 3 months prison Against Heinicker—1 year, 6 months prison Against Putzler—3 years, 9 months penetentiary Against Liebscher—7 months prison Against Heger—Suspension on account of amnesty.
On May 15, 1935 the Criminal division number 12 of the Su preme Court in Dresden pronounced the verdict, by which on ac count of offences against Art. 340 of the Penal Code the follow ing were sentenced:
Jaehnichen—to 6 years prison
Zikera—to 1 year, 6 months prison
Heinz Meier—to 3 years prison
Herbert Meier—to 3 years prison
Tuerke—to 3 years prison
Volkmar—to 2 years, 3 months prison
Leuschner—-to 2 years, 6 months prison
Romkopf—to 2 years, 6 months prison
Karche—to 1 year, 8 months prison
Hausch—to 1 year, 4 months prison
Lehmann—to 3 years prison
Kuehnel—to 1 year prison
Stachowski—to 1 year, 6 months prison
Ude—to 1 year prison
Friedrich—to 1 year, 3 months prison
Schmeling—to 1 year prison
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784-PS
Konitz—to 1 year prison Uhlmann—to 1 year prison Sturzkober—to 10 months prison Schupp—to 1 year, 6 months prison Hensel—to 2 years prison Heinicker—to 1 year, 6 months prison Putzler—to 3 years, 9 months prison Against Liebscher and Heger suspension was authorized on the basis of the law governing amnesty.
After the proposal of the sentence, however, still before the announcement of the verdict, the chairman of the Criminal division number 12 received the following letter from the Reich governor [Reichsstatthalter] of Saxony:
"Official Seal .
The Reich Governor [Reichsstatthalter] of Saxony II 84/35
Dresden-A.l, May 8, 1935 Mailbox 78 Telephone 24 371. To the president of the Supreme Court Dr. Roth [ Landgerichtsdirektor ]
Dresden
Pillnitzer Street 41
The President of the Supreme Court :
Sir:
As I was informed, it is proposed to impose a punishment of 31/) years of penal servitude upon the accused Standartenfuehrer Jaehnichen. Without wanting to interfere in the proceedings or intending to influence you 'as Judge in any way before the verdict is announced, I should nevertheless like to once more call your attention to the fact that the circumstances, as they had been brought about by the revolution of 1933 and as they, without doubt were still taking effect up to the beginning of 1934, cannot be overlooked, when pronouncing sentence.
A further point appears to me to be worth taking into consideration, namely, the fact that one cannot accuse Jaehnichen of having a low character and that, above all, in Hohenstein the scum of humanity had to be attended to. In consideration of this fact I should like to leave it to you to consider whether the lapses call for such a severe degree of punishment or rather whether a pardon could not be considered.
As Gauleiter of NSDAP I regard it as my duty to call attention again to the unusual circumstances.
Signed:
Heil Hitler
Martin Mutschmann."
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784-PS
Moreover the information has come to hand that the two magistrates (Schoeffen), who functioned as judges in the principal trial, namely, Regierungsamtmann Helbig and the merchant Pes-ler, had been expelled from the NSDAP after the announcement of the verdict. I do not know by whom this expulsion was ordered.
Finally it has been put to the assistant prosecutor, Staatsanwalt Dr. Walther, who is a storm trooper, after the pronouncing of the verdict on his Obersturmbannfuehrer, that he should resign from the SA.
The fact that these measures were taken at the same time as the verdict referred to above was pronounced, gives rise to the assumption that here also there is something below the surface. However, this would represent an extremely serious and highly undesirable conclusion to the legal and fully binding penal proceedings. If the letter from the Reich governor reproduced here gave the impression that his judicial decisions should be influenced from higher up, then this would certainly influence to an even greater extent any later measures instituted against the 2 magistrates. That kind of procedure against lay judges after the verdict had been pronounced would naturally and necessarily arouse the feeling that, when they are functioning as judges, they are responsible to a certain office for their work. Hereby the judicial unpartiality, which is the foundation of every orderly administration of criminal law becomes null and void. Moreover, the lay judge, who upon entering service, must swear an oath, that he will discharge his duties conscientiously and to the best of his ability, would find himself forced to battle with his conscience. No less serious would be the consequences of such measures for the assistant public prosecutor. This official would also have to battle with his conscience, while carrying out his duties. Thereby the orderly official work of the authorities for the administration of criminal law would be so seriously endangered that I would find myself obliged to consider thé question whether in the facè of such a state of affairs public prosecutors and judges could still be functionaries of the party or members of the SA at all.
Hence it appears to be necessary---------
1. in the case in question to remove the confusion, resulting from the measures indicated above, by suitable countermeasures
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784-PS
2. to take steps that such occurrences altogether incompatible with the administration of criminal law and the public security guaranteed by the state are avoided.
I would respectfully request your comments and information with regard to any action in this direction. Considering the importance of this case, I would be obliged if you would reply as early as possible.
2. A letter to the Chief of Staff of the SA of the NSDAP with a copy of the following accusation enclosed.
In regard to:
In the penal case, indicated above, which involved serious maltreatment of prisoners in the protective custody camp at Hohenstein in Saxony, the main trial was held in Dresden from 20th March to the middle of May 1935 before the 12th Criminal Division of the Supreme Court. In regard to the details of the incidents, may I refer to the enclosed copy of the Bill of indictment of October 1934 and particularly may I call attention to page 21 of the results of the inquiry. On May 3, 1935 the assistant prosecutor Staatsanwalt Dr. Walther imposed the following punishment :
Sfc # 5}S * Sfc ii*
Here has been received that it has been put to the assistant prosecutor Staatsanwalt Dr. Walther, who is a storm trooper, after pronouncing of the verdict on his Obersturmbannfuehrer, that he should resign from the SA. The fact that this measure was undertaken at the same time as the verdict referred to above was pronounced, gives rise to the assumption that here also then is something below the surface. However this would represent an extremely serious and highly undesirable conclusion to the legal & fully binding penal proceedings. The officials would have to battle with their conscience when carrying out their duties, if such procedure was in force. In this way the orderly official work of the authorities for the administration of criminal law would be so seriously endangered, that I would find myself obliged
Heil Hitler !
Signed : Dr. Guertner.
—to enter on page 1— Enclosed 1 loose leaf Chief of Staff:
Sir:
Confidential
Personal
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7 84-PS
to consider the question whether in the face of such a state of affairs Staatsanwaelte could still be members of the SA at all.
Hence it appears to be necessary:
1. In the case in question to remove the confusion resulting from the measures indicated above, by suitable countermeasures.
2. To take steps that such occurrences altogether incompatible with the administration of criminal law and the public security guaranteed by the State, are avoided.
I would respectfully request your comments and information with regard to my action in this direction. Considering the importance of this case, I would be obliged if you would reply as early as possible.
3. to the Minister, confidential
4. 2 weeks.
Heil Hitler!
Signed: Dr. Guertner.
Report to Rudolf Hess on the case of the Hohnstein camp commandant (and others) who were convicted of brutality, including political pressures exerted on the judges and prosecutors
Authors
Franz Guertner (Dr., Minister of Justice 1932-41)
Franz Guertner
Government minister of Germany (1881-1941)
- Born: 1881-08-26 (Regensburg)
- Died: 1941-01-29 (Berlin)
- Country of citizenship: German Reich
- Occupation: jurist; politician
- Member of political party: German National People's Party; Nazi Party; Q15787248
- Participant in: Aktion T4
- Position held: Baviarian Minister of Justice (member of cabinet: Q1719960, Q1719961, ..., Q1720104; period: 1922-08-04 through 1932-06-01; replaced by: Heinrich Spangenberger); Reich Minister of Justice (period: 1932-06-01 through 1941-01-29; replaced by: Franz Schlegelberger; replaces: Curt Joël)
- Educated at: Ludwig Maximilian University of Munich
Date: 05 June 1935
Literal Title: Regarding: penal proceedings against the merchant and SA leader (Lt. Colonel) (Obersturmbannfuehrer) Jaehnichen and 22 companions on account of inflicting bodily injury on duty (protective custody camp Hohenstein in Saxony).
Total Pages: 4
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-784
Citation: IMT (page 255)
HLSL Item No.: 450202
Notes:For other documents on the case, see PS 783 and PS 785-786.
Trial Issues
Conspiracy (and Common plan, in IMT) (IMT, NMT 1, 3, 4) IMT count 1: common plan or conspiracy (IMT) Nazi regime (rise, consolidation, economic control, and militarization) (I…
Document Summary
PS-784: Copies of letters from the Minister of Justice Guertner to Hess and to the Chief of Staff of the SA regarding the influencing of courts in favour of [Illegible] accomplices (concentration camp Hohnstein)
PS-784: Secret personal letter from Reich Minister of justice GÜrtner to Hess, 5 June 1935, objecting to the political degradation of the lay judges and the prosecutor after conviction of defendants in the Hohnstein trial for cruelty to concentration camp prisoners; similar letter to Lutze, same date