told her that her statements were untrue because her bag had new been found in the train, she still firmly and calmly maintained her statements saying that this could not be so, as her bag had forcibly been seized from her on the way to Holzheim. LIEBL also repeated the same version at all her interrogations and in no way contradicted herself. The fact that no footprints and no sign of a struggle could be found at the place of crime, also does not discredit LIEBL's story, as the place of crime was a worn and trampled down hard lawn. Also, on the day of the crime it was dry. The meadow through which the culprit fled was very wet so that footprints were easily effaced. Against this, the depositions of WIESECKL and WERNER proved, that when they met LIEBL she was trembling with excitement, that her coat was torn open, her belt and her hair undone. LIEBL also screamed for help so loudly that the landlord, aAnton THUMANN who was standing outside his public house "Ludwigskanal" heard her, and the two woman WIESECKL and WERNER at once left their route and ran across the fields to meet her, to her aid. The court is therefore convinced that the depositions of LIEBL are true.
"2) LIEBL did not recognize the culprit. She only knows that he wore a light gray overcoat and wore no hat. During the preliminary investigations, when confronted with the culprit, she declared, that as far as his height and his figure and the overcoat were concerned they resembled the culprit, and that she thought the accused was the culprit. Also during the trial she declared that according to the height and the coat, the accused may have been the culprit.
"If, therefore, the accused could not be convicted solely on the statement made by LIEBL, this could nevertheless be used in evidence in view of the other facts of the case.
"a) At the time of the crime the accused was in the immediate neighborhood of the scene of the crime.
"The assault on LIEBL was made at about 19.45 hours. The witness KNIPFER saw the accused while he was still standing at the "Unteres Tor" before 19.30 hours. Again, before 19.30 hours the accused, according to the evidence given by the witnesses Wally and Anton Thumann, bought cigarettes at the inn "Ludwigskanal". Anton THUMANN observed that the accused, after leaving the inn, first went a little way towards the town centre in the direction of the "Unteres Tor", then turned and went along the Nuernbergerstrasse in the direction of the slaughter house.
The witness THUMANN, who was standing outside his inn and well able to survey the road, did not see the accused again. After about 10 minutes the witness heard fro the direction of the canal bridge the cries: 'Help me, help me, he has taken all my money.' which came from LIEBL. Soon after he saw LIEBL return to the town together with the two women. The witness THUMANN did not, however, see the accused return.
"Against this the parents Johann and Anna ENGLBAUER stated as witnesses that their son was still at home at 19.45 hours, at which time Johann ENGLBAUER returned home from the station, and that he had left only after that. These statements have, however, been refuted. The witness GRAF testified under oath that Johann ENGLBAUER had told her on the day after the assault on LIEBL, 18 November 1939, that, when he returned home from work, his son had already left."
"When Mrs. ENGLBAUER was questioned immediately after the crime in the presence of Hauptwachtmeister KUNTZ (Sergeant of Police), she put it as if her son had gone away again already at 19 hours or shortly afterwards. Johann ENGLBAUER declared at that time not to be in a position to make any statements, as he did not knew where his son had been at that time. It is therefore obvious that the parents of the accused attempted to clear the accused by their subsequent statements. That is unequivocally apparent from the fact that about 8 days the assault the father of the accused, Johann ENGLBAUER, suddenly changed his story to the witness GRAF and told her that his son had stood in front of the mirror at 20 hours adjusting his tie."
We now ask the Court to turn to page 99 in the English text which is 116 in the German text. Starting with paragraph 2.
"2) The accused committed the crime, under cover of the black-out.
"The turning-off of the streetlights facilitated the accused to lie in wait for LIEBL near the "Unteres Tor", to follow her along the Nuernbergerstrasse and to time the arrival at the turning to the Holzheimer weg. Had the streetlights, which are installed as far as this turning, been switched on, the danger of recognition for the accused near the "Unteres Tor" and in the Nuernbergerstrasse would have been greater. Because of the black-out of this section of the street, which otherwise can be fully overlooked, the accused would dare to overtake LIEBL in the street and also be overtaken by other pedestrians and cyclists.
"Had the economics building of the hospital been very close to the place of the crime, and the mere distant other buildings of the hospital grounds not been blacked-out, the cries for help of LIEBL must have caused the defendant a greater fear that the inhabitants of these buildings would look out of the windows for the cause of these cries for help, and render assistance. The danger for the accused to be observed and caught while fleeing from the peace of crime would also have been a greater one; for the accused ran from the place cf crime very close to those buildings towards the Nuernbergerstrasse.
"It is therefore of decisive importance that the place of crime was not within the immediate sector of the black-out measures and which therefore did not facilitate the robbery.
"It is sufficient, if, because of the black-out, the culprit was favored by the black-out, on his way to the scene cf the crime if, through the black-out assistance by a third was rendered more difficult and the escape made easier for the culprit. The accused was aware of all these circumstances. This is proved alone by the fact that he dared to place himself near the "Unteres Tor", there to lie in wait for LIEBL, to follow her along the street and to overtake her and then, after the crime, to return to the city through the "Unteres Tor". The accused, who is well familiar with the conditions in Neumarkt, knew that he could not have dared do this had the streets been illuminated, especially because in view of his reputation, he was easily suspected to have participated in criminal action.
The accused, therefore, has committed a crime against property by making use of the measures created for the defense of aerial attacks. He is therefore guilty of a crime according to article 2 of the decree against parasites of society, dated 5 September 1939."
We ask the Court to turn now to page 91 in the English text which is at the top of the page 118 in the German text, and beginning with the second paragraph on that page.
"The crime therefore distinguishes itself considerably from the usual type of crime of this kind by the personality and previous life of the accused as well as by the way it was committed. The court therefore affirmed the existence of an especially serious case.
"Therefore, the accused is to be sentenced to death according to article 2 of the decree against parasites of society dated 5 September 1939.
"Taking advantage of the black-out and the meanness of the crime show the accused to be lacking in honor. He was therefore deprived of all civil rights for life according to article 32, of the criminal code."
The opinion or verdict is signed by the defendant ROTHAUG.
The prosecution realized that in the presentation of this case that certain parts of indisputed importance has been left out. We have presented this case as a case in the series of cases in the so-called black-out category which has been summarized in the final three paragraphs of the opinion which I have read. I believe it expedient not to read other portions of the opinion and at this time offer the Exhibit 162, which is document NG-382 in evidence.
THE PRESIDENT: It may be received in evidence.
MR. KING: It is not possible to present further documents from Document book C because certain parts which were missing in the original assembly have not, we understand, reached the Defense Counsel. We hesitate to ask them to waive the 24 hour ruling and ask the Court's indulgence for several minutes until Mr. Wooleyhan arrives to continue reading from document Book E.
THE PRESIDENT: We will, therefore, leave the bench for a period of five minutes.
THE MARSHAL: All persons in the Courtroom will please take their seats. The Tribunal is again in session.
MR. WOOLEYHAN: May it please the Court, we turn now to Document Book 3-E. The first document, which is NG 547. In effort to present this document in chronological order and therefore more clearly I will skip around in a manner not in conformance with the paging. This document really begins on page 2, which is a court opinion:
"In the Name of the German People!
"Case against the Reich pensioner Kasimir PETROLINAS of Essen, born on 4 March 1874 at Koslin, Lithuania, stateless person, at present in confinement.
"The Special Court Essen in its session on 8 March 1943."
MR. WOOLEYHAN: Thereafter follows a list of judges which we will not read.
passed the following sentence:
"That the defendant is sentenced to death as a plunderer.
Reasons I."The defendant, 69 years of age, allegedly without previous convictions, stateless, is the son of an agricultural worker.
After the death of his parents, while he was still a juvenile he moved from Lithuania to western Germany. Here he was wording as a miner, and for some time also as unskilled worker, up to the year 1937. Since 1937 he has been a Reich pensioner and is drawing a monthly pension of RM 50. He is living in a furnished room in Essen, for which he pays RM 12.- monthly. The defendant is single, and according to his statements does not have any next of kin.
II.
"In the evening hours of 5 March 1943 English bombers attacked the city of Essen. By the dropping of explosive and incendiary bombs a large part of the center of the city was laid in ruins and rubbish.
The largest part of the center of the city thereby is depopulated, there are only a few shops still existing. The traffic is at a standstill. The streets are covered with rubbish to a large extent. On them there are many objects lying around, coming out of destroyed houses and shops.
"Also at the Pferdemarkt the houses have been mainly destroyed the described conditions exist. At the Pferdemarkt the back of the big household and iron appliances store Dellbruegger Klingen is located. Among and on top of the rubbish of this house numerous articles of the shop are lying, among others a large number of mess kits, which consist of white, shining light metal. The Special Court esteemed the price of one of these mess kits to be approximately RM 1.-.
"During the air raid the defendant stayed in a public air raid shelter, inasmuch as his apartment too had been destroyed by bombs, during the following days he stayed overnight in a school house which had been put at disposal for such purposes. He also was fed there. At about noon of 8 March 1943 he started out for the Opera House, where he intended to report as bombed-out person. On his way he came across the Pferdemarkt and saw there, behind the damaged Dellbruegger Klingen business, the above mentioned mess kits lying around. He got the idea to take possession of a few of then and to use then for himself when food was distributed. Out of the mass of the partly badly battered bowls he selected three bowls in new condition, wrapped then up in paper and took them along. Then he headed through Hagen towards the Opera House. In Hagen he saw among the rubbish a glass milk bottle and picked it up to use it as drinking-vessel. But then, when he saw that the bottle was dirty, he put it back where he had taken it from. When doing this, he had been watched by a policeman, who thereupon stopped him and found the above mentioned mess kits on his person.
"These facts have been established by the confession of the defendant which is credible.
III.
"According to the established facts the defendant took possession of other people's property in the "evacuated zone", thus he plundered. (Art. 1 of the Decree against Public Enemies.) The trifling value of his loot has no bearing on this statement. The complete destruction of large parts of the city brings about an extremely great danger for the safety of the numerous articles lying around on the rubbish heaps. If many persons would take advantage of this advantageous opportunity, and everybody would take possession of trifling things, large values would get lost as a whole and the public safety would be most severely endangered. This especially dangerous situation after an especially heavy raid of the enemy makes every theft, even of trifling things, lock especially dangerous and particularly blameworthy and according to the sound sentiment of the people it is plundering. Therefore, according to Art. 1 of the Decree against Public Enemies, the defendant had to be sentenced to death".
MR. WOOLEYHAN: Skip to the signature and certification: "Essen, 10 March 1943", and it's signed by the presiding judges.
MR. WOOLEYHAN: Attached to this opinion that has just been read was the following note which is found on page 5 of the Document book. This note is dated Berlin, 8 March 1943:
"In its session of 8 march 1943 the Special Court Essen sentenced to death because of plundering the Reich pensioner Kashmir PETROLINAS of Essen, born on 4 March 1874 at Koslin, Lithuania, stateless person. Upon telephone call from the Public Prosecution in Essen I decided that the death sentence be carried out, and granted that the condemned man be shot instead of being hanged."
MR. WOOLEYHAN: If I may interpolate for a moment, the document book states that there are certain illegible initials on this note. Upon glancing at the original document, the Prosecution submits that the initials, far from being illegible, are those of the defendant, Rothenberger.
Skipping now to page one of the document book, we find a letter dated Essen, 10 March 1943. The letterhead: The Chief Public Prosecutor at the Special Court. Stamped: General Public Prosecutor at Hamm. Addressed to the Reich Minister of Justice in Berlin, through the General Public Prosecutor in Hamm. This letter is stated to concern the case of Kasimer Petrolinas, Reich pensioner, sentenced to death for plundering. Telephone decree of the Secretary of State, Dr. Rothenberger of 8 March 1943. If we may again interrupt a moment -- this it ter where it states the telephone decree of the Secretary of State, Dr. Rothenberger of 8 March 1943, we submit is the same telephone decree as that referred to in the note on page five, which, as we further submit is initialed by Rothenberger. The letter states as follows; reading again from page one: "As I already indicated by a telephone call the death sentence of the Special Court Essen of 8 March 1943 has been carried cut by shooting on 9 March 1943 at 0920 hours without any incidents or special occurrences at the rifle range of the Police barracks in Essen. The official in charge of the case, Prosecutor Gaertner, in the presence of Inspector of Justice Pollmann as official reporter was in charge of the execution."
Skipping back to page five in the document book, we find another letter dated 7 March 1943, addressed to the Chief Public Prosecutor of the District Court in Essen. "Dear Chief Public Prosecutor: In its session of 8 March 1943, the Special Court Essen sentenced the stateless pensioner Kasimir Petrolinas of Essen, born on 4 March 1874, at Koslin, Lithuania, to death because of plundering. At the same day State Secretary Dr. Rothenberger has been informed as to the proceedings and their end by an official of the Public Prosecution there, and basing himself on the report decided that the sentence be carried out.
In the verbal report it has not been mentioned that with Petrolinas himself it is a question of a bombed out person. Tho State Secretary requests to clarify as to why this essential fact has not been covered by the report by causing the official concerned to make a statement. I ask you, Chief Public Prosecutor, to submit your statement, together with the statement of the official concerned, to me personally, classified as "Secret" and to treat the whole affair absolutely confidentially.. Heil Hitler !"
Skipping now to page six, we find the apparent answer to the request I have just read. This is a letter stamped "Secret" and dated Essen, 22 March 1943, addressed to the Chief Public Prosecutor in Essen:
"Concerning the criminal proceedings against Petrolinas for looting, I make the following statement:
Immediately after the sentence of capital punishment had been pronounced at 19:25 on 8 March 1943, I telephoned by long distance call the Reich Ministry of Justice and asked for the official on duty in order to inform him of the death sentence, suggesting to him an application to the Reich Minister for a decision on the question of pardon as well as on the question of execution of the sentence by shooting as suggested by the Reich Defense Commissioner and the Police president of Essen. Dr. Kuemmerlein answered the call and I informed him of the facts. I believe to have mentioned on this occasion that the condemned person was himself a bombed-out person. Dr. KUEMMERLEIN declared that he would at once endeavor to obtain the Reich Minister's decision. Shortly afterwards the State Secretary Dr. ROTHENBERGER called me up and asked me for a report on this matter. On this occasion I mentioned that although the loot (3 mess kits) was trifling, the execution of the sentence by shooting was deemed fitting as a measure of intimidation in view of the extensive damage caused by air raids. During this conversation the State Secretary asked me several questions which I answered to the best of my knowledge. In particular the perso nality of the culprit, concerning whom no adverse in formation was available so far, was consider, I cannot state with certainty but it seems reasonable, that at that time I mentioned that the condemned was himself a bombed out person, since it seemed to be an important fact for the decision of the State Secretary and I was anxious to bring the mitigating circumstances to the attention of the State Secretary as well."
"Without further leading, the Prosecution offers this Document NG into evidence as Exhibit 163.
DR. ORUBE: May it please the Court, when this document, was read out, I found repeatedly the translation for Oberstaatsanwalt mentioned in the document and he was in fact quoting. The Oberreichsanwalt has nothing to with this matter, nor does it actually appear in this document. Inonly wi to present that thereby that the ward Oberstaatsanwalt (Chief Prosecutor) has been translated as Oberreichsanwalt; that that might give rise to error inferring that the defendant Lautz might be brought into connection with to matter. I would be grateful if the records would be corrected accordingly.
MR. WOOLEYHAN: We have no objection to that, Your Honors. If the Court pleases, Your Honor, the objection which counsel for the defendant Lautz be just made -- it would suffice to have it appear in the record, I believe, because in any event the correct German title appears on the original document which is offered in evidence.
THE PRESIDENT: Well, I think if the counsellor is able to satisfy Defense Counsel, of course the Court will entirely agree with him.
MR. WOOLEYHAN: If that doesn't satisfy him, any other arrangement w they care to make is all right with us.
THE PRESIDENT: Very welly with that understanding that the correct ment will be submitted in evidence.
MR. WOOLEYHAN: May I ask the Court, what was the number of that exhibit? One six three.
May the Court please, it seems that the Prosecution has outstripped mechanical facilities today and we have no further evidence to offer at the time. May we request that the Court rise at this time, since we are unable proceed further.
We regret this exceedingly but it is completely beyond our control.
THE PRESIDENT: Do you expect to be able to proceed at nine-thirty tomorrow morning?
MR. WOOLEYHAN: I do.
THE PRESIDENT: Under those circumstances we will take the adjournment at this hour until tomorrow morning at nine-thirty.
THE MARSHAL: This Tribunal is in recess until 0930 hours tomorrow.
"The Tribunal adjourned until 27 March 1947; at 0930 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Josef Alsteetter, et al, defendants, sitting at Nurnberg, Germany, on 27 March 1947, 0930 - 1630, Justice Carrington T. Marshall, presiding.
THE MARSHALL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal III.
Military Tribunal III is now in session. God save the United States America and this Honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Mr. Marshall, you will please ascertain if the defendants are all present.
THE MARSHALL: May it please Your Honors, all the defendants are present in the courtroom with the exception of defendants Engert and Rothaug who are absent through illness.
THE PRESIDENT: The proper notation will be made.
MR. KING: We invite the Court to turn to Document Book 3-D first, or for reference. The first document which we will present this morning is document N. G. 375 which will be, when formally offered in evidence, Exhibit 164. It is to be found beginning on Page 101 in the English text of Document Book 3-D.
Before we read that, however, we wish to read from the statute contained in Document Book 2, to be found on Page 19 of that book. This, as the Court recalls, has already been introduced in evidence. Before reading from that book I would like to wait just a moment until I send for the book from my office.
This is a statute from the 1939 Reichsgesetzblatt, Part 1, Page 1679 It is the decree of 5 September 1939 against public enemies. "Section 1. Looting the Liberated Territory. 1. Whoever is found looting the liberated territory or the buildings or rooms voluntarily vacated will be punished be death.
"2. Trials will be held by the Special Courts insofar as Military Courts have no jurisdiction.
"3. The death penalty may be executed by hanging.
"Section 2. Crimes During Air Raids. Whoever commits a crime or offense against the body, life or property, taking advantage of air-raid protection measures is punishable by hard labor of seven to fifteen years for life, and in particularly severe cases punishable by death.
"Section 3. Crimes of Public Danger. Whoever commits arson or any other crime of public danger thereby undermining German defensive strength will be punished by death.
"Section 4. Exploitation of the State of War is reason for more several punishment. Whoever commits a criminal act exploiting the extraordinary conditions caused by war is punishable beyond the regular punishment limits with hard labor of seven to fifteen years or for life or is punishable by death if the sound common sense of the people requires it on account of the crime being particularly despicable.
"Section 5. Speeding up Special Court Procedure. In all trials by special courts the verdict must be pronounced at once without observation o the time limitations if perpetrator is caught red-handed or if guilt is otherwise obvious.
"Section 6. Sphere of Jurisdiction. The provisions of this law are also applicable in the Protectorates of Bohemia and Moravia and also for those persons who are not German citizens."
There follows on the next page the signatures of members of the Government who signed the statute. We will not read those.
We turn to N. G. 375 on Page 101 of the English text. The first note which we shall read is a denial of clemency plea signed by Dr. Thierack in the case of Josef Schegerer.
"Certified Copy. In the case of Josef Schegerer sentenced to death of 25 August 1942 by the Special Court of the District Court Nuernberg-Fuerth as public enemy and dangerous habitual criminal because of bicycle thefts partly committed by taking advantage of the black-out- I decided, with the authorization of the Fuehrer, not to make use of the right of pardon, but to let justice take its course. Berlin, 24 September 1942, The Reich Minister of Justice, Dr. Thierack."
We turn now to the opinion verdict in the case which begins on Page 106 of the English text. It will be noted first on that page that the presiding judge in the trial which was held on 25 August 1942 was the present defendant Rothaug. We begin reading in the middle of the page with the name "Schegerer, Josef, born of 6 November 1905 in Straubing, single, farmlaborer, last without fixed residence, in detention for this case as a dangerous habitual criminal according to Article 1 of the law amending the Penal Code, for four crimes according to Article 2 of the Decree against Public enemies in connection with recidivist theft as well as for 15 offense of recidivist theft has been sentenced to death and to the loss of civic rights for life and to pay all costs."
We turn now to Page 108 of the English text. I would like to point out to the Court there are a number of thefts involved in the total charge, the total sentence against the defendant in this case before the Special Court here in Nurnberg. We, for the present purposes, are interested in only the aspects of this case which have to deal with the statute which we have just read, the one against public enemies. We recognize the four thefts, the fight of which began on 108, and call your attention to the fact that Cases Nos. and 8 on that page and Cases 13 and 19 on the following page have appendic which appear on Page 9 and 10. With the Court's permission I will read the applicable appendix to each case as I come to it.
Caso No. 7. "On 4 October 1941, between 19 and 21 hours, the accused stole a man's bicycle from the entrance of the inn Streissl in Trieching belonging to the mill owner Johann Hafner in Trieching. The very same height the defendant rode on the bicycle to Bogen, where he left it standing in front of the station inn."
Appendix to Case 7. "At the time when the defendant stole Hafner's bicycle complete darkness had already set in. In the vestibule of the Streissl inn in Trieching there is an electric lamp on the ceiling, which is covered up by blue cloth. Therefore in the evening the vestibule of the house is considerably darker in normal times. This fact the defendant turned to his advantage, as it was already dark when he committed this action."
Case No. 8 "On 6 October 1941, about 2000 hours, the defendant stole in front of the inn Reubl a man's bicycle, which belonged to the mayor Eisenreich of Rengersdorf."
Appendix to Case 8. "The bicycle of mayor Eisenreich stood in front of the Reubl inn, which is situated on the highway. On account of the black out measures the street was not lit up, nor did any light show from the inn's darkened windows. These circumstances prompted the theft, because it was already dark when it was committed."
"Case 8. On 6 October 1941, about 20.00 hours, the defendant stole in front of the inn Heubl a man's bicycle, which belonged to the mayor Eisenreich of Rengersdorf.
"Appendix to 8. The bicycle of mayor Eisenreich stood in front of the Reubl inn, which is situated on the highway. On account of the black-out measures the street was not lit up, nor did any light show from the inn's darkened windows. These circumstances prompted the theft, because it was already dark when it was committed.
"Case 13. In the evening of the very same day, 17 October 1941, about 21.30 hours the defendant stole in Ascha a man's bicycle, which belonged to the private Wolfgang Heitzer. After a short ride he abandoned this bicycle too owing to a puncture.
"Appendix to 13. The theft of the man's bicycle belong to private Heitzer was also committed in complete darkness. The vestibule of the Ponk Inn, from where the defendant stole the bicycle. The darkened on account of the black-out, that is to say it was but poorly lit. This facilitated the deed.
"Case Number 19. Next day, 25 October 1941, at about 20.30 hours the defendant stole a man's bicycle in front of the Bogen station restaurant belonging to the auxiliary worker Johann Hagn of Eglsee, parish of Hundersdorf.
"Appendix to 19. The bicycle of Johann Hagn stolen by the defendant stood in the area of the Bogen station inn, where the street passes by. Before the war street and area were lit up by a big electric lamp. The latter is now blacked out. As the defendant committed the theft after darkness had fallen, in this case he turned the black-out to his advantage.
"As far as the four cases, which we discussed, are concerned, the defendant was fully aware that he was committing crimes by turning the black out to his advantage and that his thefts were facilitated by the black-out to a very large extent."
The third full paragraph from the bottom in the English text, page 1 "Besides in the cases 7, 8, 13 and 19 the defendant committed an offense against article 2 of the decree against public enemies of 5 September 1939, because, in carrying out these thefts, he deliberately took advantage of the measures taken for air raid protection, namely the blackout.
"Therefore the defendant had to be sentenced on charges of four crimes under article 2 of the decree against public enemies combined with recidivist theft as well as on charges of 15 crimes of recidivist theft."
That is all of this case that we wish to call especially to the Court's attention at this time, and we therefore offer the Exhibit 164 which is Document NG-375.
THE PRESIDENT: It will be received in evidence.
MR. KING: The next document which we wish to introduce is Document NG-330, which will become when formally offered, Exhibit 165. It will be noted that we have just circulated to the Court and to the translators additional copies of this document. He have done this because the present copy in the English text, Document Book 3-D, is incomplete, and we would therefore suggest that the Court substitute the copy which we have just circulated for the copy which now appears in the English document book at page 99. It is incomplete. The German text is in good orders.
This material which we are about to read also pertains to the decree against public enemies which I read a few moments ago at the opening of the session.
This is a directive dated Berlin, 16 June 1942; it is addressed to the presidents of the District Courts of Appeal and the General Public Prosecutors at the District Courts of Appeal with the exception of Prague. The subject is Criminal Procedure in cases of plundering. The directive is signed by the defendant Schlegelberger.
"After big scale air attacks the judicature must be prepared to mete out immediate and drastic punishment in possible cases of plundering.
For this purpose I authorize the Presidents of the District Courts of Appeal to set up in my name immediately on the spot Special Courts, or to transfer to that place Chambers of the nearest Special Court or to reestablish it on the spot.
Furthermore, I authorize them, without previous report, to assign to these Special Courts judges who seemed suitable to them, and to see to it in advance, that deputies are available to replace them, in case one or the other should - possibly through repeated air attacks - not be able to attend.
These Special Courts must pronounce their verdict on the plunderers on the spot. Only those, who know by personal contact the misery of the people and impossibility of protecting their possessions after such an air raid, are capable of dealing with the plunderers with the necessary severe As soon as a plunderer is delivered from the Police to the Public Prosecuting Authorities, when offense and guilt are declared.
I expect the indictment and the verdict of the Special Court on the same day. In all these cases, where according to Article 1 decree against public enemies the death sentence is enforced, I expect to receive the report about execution of the sentence or about the pardon by telephone on the same day. At any given time I shall take the necessary measures for the speediest execution of the sentence from here.
Furthermore, I expect the Presidents of the District Courts of Appeal and the General Prosecutors and the Chiefs of the Justice Authorities to bring about and supervise personally the immediate and drastic judicial action on the spot, and in such a case to keep in personally close contact with the local Party officials.
Points of law which might cause doubts, are non-existent. If the case has been established as one of plundering prevailing opinion requires the application of Article 1 decree against public enemies, since a town, a part of a town, a block of buildings or only an empty building is on a par with an "evacuated region" or the "voluntarily evacuated districts or buildings" in the meaning of Article 1 decree against public enemies. But if the offense is not the kind that demands the severest penalty, then it is not plundering in the meaning of Art of decree against public enemies. In this case the indictment or verdict is pronounced from the point of view theft and similar offences, if occasion arises and as a rule as an offence by a Public Enemy, punishable according to Article 2 or Article 4 decree against public enemies."
That, as was pointed out earlier, is signed by Schlegelberger.
There appears on the next page a note together with what appears to be the draft of an ordinance which originated with the Hamburg Court. We will read the note at the top of the page but will not read the ordnance.
"Note: During the conference held among presidents on 26 June 1942 establishment of Special Court Chambers for cases of plundering was discussed. For Hamburg Councillor of the District Court of Appeal Haack shall be appointed as presiding judge, Councillor of the District Court Wehlen a deputy presiding judge and associate judge, Councillor of the District Court Ebers as associate judge and Councillor of the District Court Dauwes as deputy associate judge.
"In Bremen no special measures are necessary, as there the Special Court is available at any time."
It is dated 27 June 1942. We turn now to the letter on page 5 of the document as distributed. This is dated 30 June 1942 and is addressed to the Reich Minister of Justice, Berlin, and is signed Dr. Rothenberger.
"Your ordinance of 16 June 1942 -IV a 4. 1127/42 I made the following agreement with the Reich Commissioner for Defense KAUFMANN and the Superior SS and Police Fuehrer.
Immediately after big scale air raids, red placards, bearing the inscription: "He who plunders, will be shot" wall be posted during the same might by the police in such a way that they are clearly visible. The police will hand over the plunderers, immediately after they are seized to the Public Prosecution for trial by the Special Courts. Orders were issued to competent presidents of the Police by the Superior SS and Police Fuehrer, inform me personally by telephone of each case Of plundering which has bee handed over to the Public Prosecution. I took adequate measures to ensure immediate availability of a Special Court in every locality where air raids on a big scale are to be expected. After the pronouncement of the sentence the competent Chief Public Prosecutor will see to it that a larger number red posters than usual are available, in which the probable death sentence pronounced by the Special Court is announced.