dominantly for clearing the territory left on the Rhino for an event which I also mentioned yesterday; that is to say, the clearing out of men of the population, but nothing military.
SIR DAVID MAXWELL-FYFE: Nov, My Lord, in the interest of time, I should ask the Tribunals approval of the following course: I have a certain number of new documents which are of a public nature. I shall propose to put them in without referring to the witness unless there is any point that the Tribunal should like to put to him. Then When we come to documents with which the witness can help the Tribunal, I shall cross examine him on them.
My Lord, there would be some saving of time. I hope the Tribunal will approve.
THE PRESIDENT: All right.
SIR DAVID MAXWELL-FYFE: If Your Lordship pleases. If Your Lordship would look at the document book 16 B, at Page 53. The -
THE PRESIDENT: The defense counsel have these documents, have they not, or they will have them?
SIR DAVID MAXWELL-FYFE: They will be given to them as we go along.
DR. BOEHM: Mr. President, I have not got these documents.
SIR DAVID MAXWELL-FYFE: My Lord, they will be given to defense counsel as I read them.
THE PRESIDENT: Certainly, that is what I was saying.
SIR DAVID MAXWELL-FYFE: My Lord, document D-851, I didn't give the number. My Lord, that becomes GB 607. My Lord, it is a letter, it begins with a letter of Roehm's, then, the Chief of Staff of the SA, and encloses a letter from Blomberg to Hitler. My Lord, it is the enclosure that is important. That is from Berlin on the 2 of March, 1934, to the Reich Chancellor. "I feel it my duty to draw attention once mere to the significance of the staff guards of the SA. According to the order of the chief of staff, every Corps and Division (Obergruppe and Gruppe) is to form an armed staff guard with a heavy machine-gun company. This formation is at present taking place. According to the report of the Sixth Military District, Headquarters, the SA Brigadefuehrers are also said to be considering forming such a staff guard already, and to be engaging SA men for one to and and a half year's service for this purpose.
Selection and training have to take place with the aim of appearing in public. Numerically this would amount to 6 to 8 thousand SA men permanently armed with rifles and machine-guns in the area of the Sixth Military District, Headquarters, alone. A particularly awkward fact is that the creation of these staff guards relies on so-called SA auxiliary camps (Hilfswerklager), which are mostly situated in the big towns. And I call the Tribunal's special attention to the next sentence. "Today I have received the report that in Moechst on the Main, that is, in the neutral zone, the creation of such an armed staff guard is taking place. Such Behavior renders all the Wehrmacht's care and that of the Krueger depots within the neutral zone which are influenced by it, illusory. As the chief of staff is away from Berlin, I am sending this report direct to the Chancellor. Signed Blomberg."
Don't you realize that was two years before the occupation of the neutral zone on the Rhino? Then, My Lordship, if you will be good enough to turn over to Page 129, which is document 4013 PS, that will become GB 608. That is a letter from the defendant Rosenberg from the Local Editor's office in Berlin to the Munich Editor's Office, presumably of the Beobachter. "The Munich Editor's Office shall forward immediately in a well closed envelope the following communication to the Chief of Staff. The authorities here learned that Austrians in Berlin have informed Vienna --"and Your Lordship will note that this is third of February, 1934, during the Dolfuss Putsch which was in July, '34 -- "that the SA plans to have the Austrian formations in Bavaria march into Austria around the 8th or 9th of February. Then a military dictatorship would be proclaimed. This morning I had an inquiry from very important English quarters whether it could be possible that, behind the back of Hitler and Habicht, the Austrians in Germany could invade Austria. My informant added that so far the Austrian charges had been laid aside, but this information had come from such a reliable source that they simply had to contact us. I am afraid of a possible provocation by hired elements which, if announced to the world just at that time, could produce conflicts. I explained that the Fuehrer does not follow a peace policy with Poland aid at the same time start any military conflicts with Austria.
I report this matter and if occasion requires, the supreme SA Command takes the necessary steps."
Now, My Lord, the next is the Czechoslovakian matter. If Your Lordship turns to page 65 of the book. My Lord, that is document EG 366-1. My Lord, that is report GB 609. My Lord, it is a report on the 11th of October, 1938, dealing with the position of the Sudeten Frei Corps in September, 1933. It is made by Lt. Colonel Koechling, special delegate of the OKW to the Youth Loader of the German Reich. On the first page, Your Lordship will see, about the sixth line from the bottom, "There were an estimated 10,000 to 15,000 men in the reception camps and villages along the active front." If Your Lordship will turn to page 66, or 96, My Lordship, line two says that the groups were formed into battalions and etc.
Then, line 6: "Supplies had been organized by the SA in conjunction with the NSV, and went smoothly from the very beginning. A very small amount of arms, consisting of Austrian carbines, had been supplied by the Austrian SA."
The, four lines further on: "With magnificent camaraderie and unselfishness, the supreme SA leadership had looked after the Freikorps materially."
Ten lines on: "Equipping and feeding remained in the care of the NSV and the SA."
Then, My Lord, on page 67, the fourth line: "Here again the SA helped in part with available signals apparatus."
Six lines from that: "The building up of the groups and staffs in the manner ordered was only possible owing to the effective support of the liaison officers provided to each group by the IKH".
Then, four lines on: "In this the liaison officers were particularly well supported by the German SA leaders from the Reich who had been put into the Freikorps battalions by the SA. Without their camaraderie and their readiness to do their duty, the Freicorps could not have carried out its task.
"The supreme leaders appointed to the Freikorps by the supreme SA leadership also contributed essentially to the building up of the Freikorps and to its successes." way the work went on and how the SA continued to help. I think from there, if your Lordship will turn to page 71, you can see what this Freikorps did under this SA guidance.
The last paragraph, My Lord, is:
"The force carried out more than 200 minor undertakings, in which they lost nearly 100 dead and more than 50 wounded, and captured more than 2,000 prisoners and a great deal of booty of all kinds -- see Appendix 1 -- so that the task which the Fuehrer had demanded as a foundation for his foreign political negotiations may be considered as having been completed."
and the guns, ammunition, and equipment that were captured. Of course, the Tribunal will remember that all this happened in a time of peace, when all the defendants have been so anxious to point out to us that no war ever started -that is, before Munich. the training of the SA in the middle of the war, in 1941, differed from the training that was given in peace. I only want to give Your Lordships the different documents in which the training is found. I am not going to take them in detail, but I will indicate what they contain in a moment. That is 1849-PS, and your Lordship will find it at page 82 of the document book; that becomes GB-610. On pages 89 to 104 of the book, Your Lordship will find the training course. United States Exhibit 430, and is in the old SA document book. That is the organization book for 1938, which includes the training of the SA, including the military training, throwing hand grenades, and so on. at the end, and if Your Lordship will check, you can see if my summary is right. ships will find on page 32 of document book 16-B. My Lord, that is a list of the contents of the handbook of the SA, and it must be after 1937 because there is a reference to the peiple's gas mask of 1937 on page 36. I haven't got the exact date. If Your Lordships would merely like to note the sections, they are 8, 9, and 10 under the letter "E". Number 8 is musketry; 9 is training and terrain; and "E" is the training for the attack. document 3050-PS, which is a large bundle of extracts from the "SA Man". My Lord, this is in a special bundle from which we have had translated certain articles, and it is number K -- 3050-K. As I say, My Lord, it is a lecture of Lutze, of whom this witness has talked so much, given on the 14th of May, 1938.
yesterday. It is D-916, which is page 1 of document book 16-B. That is the training directives for 1939; it goes on from page 1 to page 21. which, as I say, I will summarize -- there is one point on page 21 which I would be grateful if the Tribunal would note. This is apart from training, but I don't want to go back to the document.
On page 21 Your Lordships will see, under the letter "H", "Aids to the preparation and carrying out of the training", and under number 4, "The SA Man". Just is point on that, My Lord. 16-B, and that is 3993-PS, which will become USA 612. It is a letter from Lutze to the defendant Rosenberg, dated the 30th of January 1939:
"Please accept my thanks for your congratulations incidental to the Fuehrer's decree which assigns all pro-military and post-military training to the SA".
the documents, as follows: the concomitant factors.
THE PRESIDENT: (Interposing): Sir David, the Tribunal would like you to put that last document that you have been dealing with, 3993-PS, to the witness.
SIR DAVID MAXWELL FYFFE: My Lord, I will certainly do that.
(A document was submitted to the witness.) BY SIR DAVID MAXWELL FYFFE: of January 1939, have you not? that the pre-military and post-military training should be assingned to the SA? practice this decree was never applied. ives from 1934 to 1939, did you not? have to speak in more detail. The privilege of justifying oneself has been stated by the American Chief Prosecutor, Mr Jackson, with particular reference to the organizations. Therefore, I shall have to come, in detail, to the accusations stated here.
A I haven't finished yet.
THE PRESIDENT: Don't argue, please answer the question. BY SIR DAVID MAXWELL FYFFE: contained training in musketry training in the handling of arms, training in the use of terrain, that is, the use of grounds, camouflage, reports, methods of attack reconnaisance, and every one except the first--no, all of them training in the use of hand grenades and generally training in attack, in battle, indealing with attack by armored troops, by air planes, infact that they all contained the first stages of military training which every soldier has to go through before he is qualified to be a soldier?
And, witness, before you answer, you may assume that 90 percent of the male population of this court have gone through military training and they know it from a practical point of view. initial statges of military training?
A. First, I do not deny it, and in the second place, this is a training which is handled by the armed forces and not by the SA. Weapon training is something we never handled. These questions cannot be answered with yes or no. I would have to answer them in detail if I am to give you a truthful answer to them.
Q. Witness, what I want to know is this, and the Tribunal will no doubt let you give an explanation. Are you telling the Tribunal that these training directives were issued one after the other for five years from 1934 1939 and that that training was not carried into effect ? Tell me. You can answer that yes or no. Was that training carried into effect ?
A. We have carried out training in order to improve the physical condition whether we worked in accordance with these principles or not.
Q. I do not propose to put them in detail. If Dr. Boehm -
THE PRESIDENT: What the Tribunal wishes to know with reference to the document that they asked you to put to the Witness was how the Witness, explains his answer yesterday which I took down in these words,"Lutze did not write about military training." That was the-answer you gave yesterday with reference to Document 3215 PS. We have a document from Lutze to the Defendant Rosenberg offering his congratulations which refers also to the Fuehrer's decree which assigns all pre and post military training to the SA. Why do you state Lutz did not write with reference to military training ?
THE WITNESS: Your Lordship, that was the question about a newspaper article regarding military training. This article in a paper dealt with What the SA was earring out. That was purely military defensive. In the Fuehrer's decree if I remember rightly, it also says the pre-military education, it may even say "training". I cannot say with certainty, but what is meant is para military, defensive military training. Later, during negations regarding the carrying out of this decree, this conception of pre-military training or education, that is to say , everything which the Army Military Forces were doing should not be done by the SA, but they should nearly prepare everything. The body and spirit should be prepared so that once the men have gone through the school of the SA.
They would be physically suitable to meet the tasks assigned to them by the military, and they would be spiritually prepared to do their military service that was the spirit of the decrees and the deepest spirt of the so-call SA. So you can see that service with arms was not planned in connection with that training,
Q. Are you saying that between the Fuehrer's decree of January and the beginning of the war that there was no pre-military training done ?
When did you start it again ?
A. It was supposed to start wit the discharge of the people who were serving with the Army in 1939, That is when this decree was to become operative. Then the beginning of the war prevented its becoming operative. That was contained in an order from Colonel General Brauchitsch. It came out in the early days of November and also in a letter from Reichsleiter Bormann address to the Chief of Staff. In that letter it was emphasized particularly ,
Q. When did you say it was to come into operation ? Did you say in October When was it due to start ? When was the pre-military training due to start ?
A. 1939,
Q. When.
A. This training was to start after the beginning of war. In other war during November and October, but I do not remember that accurately. Until then preparatory military work had been carried out.
Q. Are you telling the Tribunal it did not start ?
A. I am telling the High Tribunal that the carrying out of that decree was scheduled to start in the autumn of 1939.
Q. Then why did you quote such an extraordinary untruth in your report of June, 1941, which your Lordships will find on Page 118. The pre-military training practised by the SA since the outbreak of war on a voluntary basis in the SA defense groups had been already explained in detail in reports 1 and 2. Those are your first reports of the war regarding the activity of the SA during the war. Then you go on to explain the report including clan target practice, instruction and practice in handling and cleaning rifles, as well as shooting on a range in a field, and further, the throwing of hand grenades under assumed combat conditions.
How did you put such an enormous untruth in your report if what you ate telling the Tribunal is the truth today that you never started it at all ?
A. Neither did I tell the untruth in that report nor did I tell it now. I might say that report refers to a time of war. I think it does. Have I understood you correctly, does it refer to war time ? With the beginning of the war, the SA had done everything to increase Germany's armed forces. That was our duty. Much importance was attached to military physical training, that is to say, no longer to ordinary physical training, but military training designed for military ways: even that did not include weapon training. If the cleaning of rifles is mentioned, it means we demonstrated to out men with out small caliber weapons.
Q. The report includes radio training. The pre-military training include men over 18 years of age. Your Lordship has the documents to consider. My Lord, the next group of documents which I have asked your Lordship to consider relate to the fact that it was stated before the Commission that the "SA Mann", which is a part of the evidence of the prosecution was an unofficial publication with a circulation of 200,000.
That was said before the Commission at pages 212 and 213. If your Lordship will be good enough to look first at page 111 of Document Book 16 B, you will find Document Number 4010 PS whichwill be GB 613. It is page 117 of the German Book.
THE PRESIDENT: 111 of our book?
SIR DAVID MAXWELL FYFE: My Lord, it is page 111 of your book. That is a latter from the editor of "SA Mann" to the defendant Rosenberg. It asks him for an article to commemorate their five years of independent publication and 8 years of publication as a supplement to the "Volkischer Beobachter". In the middle of the second paragraph, your Lordship, you will find the sentence, "A subscriber's list of half a million clearly shows the importance of the 'SA Mann', whose educational influence has by far gone beyond the ranks of the SA." That was on the 13th of August, 1936. "In a few weeks, 'Der SA Mann' combat publication and official organ of Supreme SALeadership, will look back upon an existence of respectively 8 and 5 years." a letter from the Defendant Rosenberg's staff. "Reichsleiter Rosenberg confirmed, with his best thanks, receipt of your letter of August 13th a. c., and sends you inclosed the preface asked for." 115 of the German Document Book, there is a letter from the Editor again to the Defendant Rosenberg. Your Lordship will see on the letterhead this time "The Pressereferent of the Supreme command of the SA and Main Office of the Editor of the "Der SA Mann". This my Lord, is April 21, 1938. It is now ten years. There again they are asking Defendant Rosenberg for an article on the subject "Ideology and Combat paper" ("Weltanschauung und Kempfblatt") or something similar to it.
In the next paragraph they say, "I do hope, that you will be agreeable to our wish and I am convinced that especially a contribution from your pen will be greeted with particular enthusiasm by our 750,000 subscribers." few months after 1939, the total membership of the SA was 1,500,000, so "Der SA-Mann" went to one in every two.
15 Aug M LJG 5-1 Karr commendation of the Chief of Staff Lutze in the training direct D 918, of "The SA Man" and my and, as I told your Lordship, the articles appear in document 3050-PS, which is U.S. Exhibit 414. There is a long list of articles that are contained in that document of a military nature, anti-semitic nature, antichurch nature, all of which my friend Colonel Storey put to the Tribunal. I do not intend to go over it again. lordship to look at is one of the cases of the perversion of the course of justice in the interests of the SA. My Lord, it is document D-923, which your lordship will find on page 22 of the document book 16B; that becomes GB 615. quickly and if there are any points your Lordship, I will be very willing to deal in detail with it. My Lord, the German page is 22 also. 22. There are five sections which are recapitulated in the sicth. The first is a report or the Public Prosecution Provincial Court, Nurnberg-Purth to the Bavarian State Ministry of Justice, dated 21 august, 1933, regarding the boating to death of one Pflaumer by the Sa. Then, my Lord, there is a post-mortem report. There is a report from the Public Prosecution that the police were refusing to give evidence in the above cases. "This might endanger the well-being of the Reich." "The Police Directorate Nurnberg-Furth refuse permission to police officials to break official secrecy."
Number 5, rather niavely states in the last sentence:
"Police directorate refuse permission to police officials to break official secrecy for tie trial. They also need both accused that is the people who are accused of boating them to death to guarantee the security of the party rally."
15 Aug M LJG 5-2 Karr defendant Prank to the minister of State for the interior and, my Lord, it shows that the man Pflaumer was beaten up at the guardhouse in August 1933, a twenty-nine year old married mechanic and he was then brought to the main police station by the SA and died there. See.
"The Provisional Court doctor also reported that, according to his findings, Pflaumer was Destiny to death in a most cruel and torturing way with blunt objects." bastinado:
"The conclusion had to be drawn that the perpetrators did net cause the injuries to the ill-treated man in self-defense." doubt, which your Lordship will see on the evidence there was no doubt that these people were concerned. pressure against proceedings and, my Lord, there then comes a somewhat similar case in Section II. I do not want to complicate the matter. It is a separate case of three lows beaten up by the SS. Section III:
"The events described under I and II give me cause for great apprehension." brutality; that members of the SA -- in the middle of the next paragraph "still allow them selves to indulge in the inadmissible ill-treatment of opponents."
And then, at the beginning of the paragraph after that:
"The events show further that unfortunately attempts are still being made to interfere with the legal course of justice."
15 Aug M LJG 5-3 Karr Then, at the beginning of the next paragraph he says:
"Especially in the case of Pflaumer, I consider it an urgent necessity, in the interest of safeguarding the authority of the State and the good name of justice and the police, to avoid even the slightest appearance that the police are shielding this crime."
Then he suggests -- the last words on that page --:
"The misgivings of the chief of the political department of the Nurnberg-Furth Police Directorate, can, however, be taken into consideration by the exclusion of the public during the trial. The carrying out of a trial can further hardly be prevented by the refusal to allow testimony. For, in view of the confession of the accused Korn and Stark to date, together with the results of the judicial autopsy, the trial will have to be instituted against them and carried out under any circumstances." and the public prosecution are requesting the prime minister to bring up the matter for discussion at the next meeting of the Council of Ministers and to invite Roehm and Himmler. Then that is done and my Lord, there is then a significant inquiry on page 26 from Bormann, asking how the matter is going on and, my Lord, then on page 27, page 27 of the German version too, document 13 (it is one of the inserts on page 27) "The Public Prosecution Provincial Court Nurnberg-Furth report to Court of Appeal Public Prosecutor, Nurnberg, that the preliminary investigation ended on 19 March, 1934.
The Police Directorate, Nurnberg-Furth, intend to apply for the quashing of the criminal proceedings." my Lord, that is on pages 27 and 28. Then at the bottom of page 28, 28 in the German version, you will find a section "Certificate of Opinion." My Lord, that says:
15 Aug M LJG 5-4 Karr "On mature consideration, I assent to the suggestion of the Police Directorate.
"firstly it should be considered whether the proceedings could not be brought to an and the release of the accused from criminal proceedings. According to the result of the preliminary investigation alone, Korn ought to be accused in any case according to what is pensioned above, while only the accused Stark could be released from criminal proceedings. But therefore, an investigation or an extension of the investigation against the persons who took part in this matter ( accomplices, possible instigators and helpers) and finally also those who favored the culprits would, according to -- such and such a paragraph -- be occasioned.
" But if the proceedings were to be carried out in this manner, it would be unavoidable , even if the public is excluded from the actual trial, the public would get to know about the events. But this would seriously harm and shake the reputation of the SA, the Party, the police and even the National Socialist State." paragraph -
THE PRESIDENT: Before you deal with that, perhaps you ought to read the last paragraph but one on page 27, beginning at the second sentence in that paragraph, page 27, the last paragraph.
SIR DAVID MAXWELL FYFE: My Lord, is that the one beginning, "Therefore --"?
THE PRESIDENT: Yes, the second sentence, "As the police forces --."
SIR DAVID MAXWELL FYFE: "As the police forces available were far from sufficient, the SA Sturm for special use, which was stationed in Nurnberg in the old Samariter Wache at the Hallplatz No. 4, was appointed to assist the police in these tasks. In this guardhouse the necessary confrontations and 15 Aug LJG 5-5 Karr questionings of arrested Communists took place.
The leader of this Sturm SA Unit, was the then Sturmbannfuehrer (SA Major) Eugen Korn, 25 years old, unmarried, commercial employee in Nurnberg. His deputy--." and so on. German text.
"Lastly it may also be pointed out that this deed was committed relatively shortly after the coming into force of the amnesty decree of 2 August, 1933. If it had been committed before 26 July 1933, that is only three weeks earlier, it would have been amnestied like a number of other political excesses. As the deed did not originate in an ignoble motive but rather served the achievement of an exceedingly patriotic aim and the advance of the National Socialist State, the quashing of the proceedings, also in view of the above-mentioned relation of the time of the deed to the above-mentioned amnesty, does not seem incompatible with the orderly administration of criminal justice.
"For all these reasons it is suggested, in connection with the position of the police Directorate, that the proceedings on account of the bodily injuries resulting in the death of the mechanic Oskar Pflaumer, was well as on account of the actions of criminal participation and acts of favoring immediately connected with this, should be quashed." ant Frank in the next document on page 30 and on the top of page 31, as Reich Governor, von Epp says:
"I hereby quash the criminal proceedings." Public Prosecutor. your Lordhsip to it, in view of what we have heard about isolated acts unconnected with the SA leadership, that this man Korn was 15 Aug M LJG 5-6 Supreme SA leadership.
I hoped to be able to do it even shorter but there are two others which show this sane perversion of justice and therefore, I submit, are important. on page 51 and 52. That will be GB 616. My Lord, that is connected with the nine members of the SA who were charged with beating up the editor of the newspaper "The Lower Bavarian Peasant". My Lord, that was a Dr. Schloegl and My Lord, "The Lower Bavarian Peasant" I think was a Bavarian People's Party paper, a sort of Catholic Party paper. And my Lord, your Lordship will see that the proceedings are held to fall within the amnesty but, my Lord, it is interesting again to see that the declared motive and the connection with the leadership. My Lord, if your Lordship would look at the second paragraph for the reason for the decision of the Amtgerichtsrat, it says:
"There is no doubt, there were, that the deeds were committed for political reasons. They were committed also to ensure the success of the National Socialist State. It may be that the destruction of the furniture was intended to serve the purpose of a house-search, in which previously imbibed alcohol may have played a harmful part in the manner of carrying out that decision. ly however, by the ill-treatment, it was intended to restrain Dr. Schloegl from further political activity. No other motive for the deeds can be found."
"The Supreme SA leadership have also examined these questions. In their letter of 14/9/33, they announce that the SA men in question were bound to see and did see, in the possibility of Dr. Schloegl forcing his way into the National Socialist movement, a danger for the movement and thus for the nation 15 Aug M LJG 5-7 Karr itself.
Nor were the deed committed for the purpose of personal profit or other low motives. The supreme SA leadership state on this point that the deed and intention of the SA men were only aimed at the well-being of the National Socialist movement. The political reason and the parity of the intention is thus beyond doubt." is the supreme SA leadership.
your Lordship will find in Document Book 16-A, the smaller document book, pace 9. mentioned the question of the punishment of these members of the SA -- I think, My Lord, they run to some 30 or so -- that had been engaged in cruelties in the concentration camp of Hohenstein. My Lord, this is the report dealing with their punishment, and your Lordship will note --and this is, in my submission, interesting -- that it is dated the 5th of June 1935. My Lord, it concerns the penal proceedings against the merchant and SA leader Obersturmbannfuehrer Jaehnichen and 22 companions. I'm afraid I said 30; it is 23 -for inflicting bodily injury on duty in the protective custody camp of Hohenstein in Saxony.
This is a letter from Dr. Guertner to the defendant Hess. That is, it is a top level letter from the Ministry of Justice to the Deputy of the Fuehrer. My Lord, it is 784-PS. It becomes GB-616.
Dr. Guertner first of all sets out the sentences that were asked for by the Prosecutor. Then he sets out the sentences which were inflicted by the Supreme Court in Dresden.
My Lord, I ought to say this is page 9 of the English document; I think page 9 to 15 of the German, too. document, your Lordship will see that the Minister of Justice writes:
" After the proposal of the sentence, however, still before the announcement of the verdict, the chairman of the Criminal Division Number 12" -- that is, the judge -- "received the following letter from the Reich Governor (Reichstatthalter) of Saxony."
DR. BOEHM: I beg your pardon, Mr. President, but the document which I received neither has a page 9 nor a page 10. It only has, if anything, a page 30. I am therefore not in a position to follow the prosecutor's speech.
SIR DAVID MAXWELL FYFE: My Lord, I see the paging is different on Dr. Boehm's copy. This is the letter from the Reich Governor:
"As I was informed, it is proposed to impose a punishment of 3 1/2 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.