Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
The further artifice of “punishment by analogy,” previously mentioned
generally, was as tyrannical in practice as it seems in theory.
Revolting examples of this procedure in action are legion. A
particularly notorious case that turned on this ground was that of
Lehmann Katzenberger, 68-year-old former chairman of the Nuernberg
Jewish congregation. Katzenberger was indicted before the Nuernberg
district court for so-called “racial pollution,” having been accused
of sexual relations with one Irene Seiler, an Aryan woman. The police
tried desperately without success to secure the necessary conclusive
evidence, but Katzenberger and Seiler, both well-known figures of some
prestige in the community, denied under oath any illicit relationship.
There were no witnesses to or other evidence of the accused act. Since
an acquittal of the Jew was unthinkable, particularly in Nuernberg
which was the hearthstone of the Jew-baiter Streicher, and whose
newspaper “Der Stuermer” widely publicized the story, Katzenberger was
remanded to the Nuernberg Special Court, tried as a “public enemy,”
sentenced to death, and executed. Seiler was indicted for perjury and
was joined with Katzenberger as codefendant; her sentence of two years’
imprisonment was later suspended.
As Hans Groben, Nuernberg district court judge for preliminary
investigations, describes the case (_NG-554, Pros. Ex. 153_)--
“As I had no reason to doubt the truth of Seiler’s sworn
statement it was clear to me that I could not keep Katzenberger
in custody any longer. Therefore I informed his counsel, Dr.
Herz, about the result of this interrogation and gave him to
understand that this was the right time to act against the
warrant of arrest. Dr. Herz naturally understood this hint,
and at once he filed a complaint against the warrant of
arrest. According to the regulation (section 33 of the Code
of Criminal Procedure) I put the complaint before the public
prosecution, adding in my report that I had the intention to
comply with this complaint (section 306, paragraph 2, Code of
Criminal procedure), i.e., to set Katzenberger free. I thus
clearly expressed with this additional remark that I believed
Katzenberger to be innocent * * *. As was later explained to
me, the indictment already filed with the penal chamber of the
district court was thereupon withdrawn and replaced by one filed
with the Special Court.
* * * * * * *
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