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
I should like to say now that our attempt was to prevent Hitler from
changing sentences after they had been passed by suggesting that the
presidents of the district court of appeal should confirm the sentences
whereby merely a technical, nonpolitical review would have been carried
out. That attempt was intentionally brought to naught by Bormann for
he realized that thereby it would have been impossible for Hitler to
reopen, on the initiative of Party, trials which had been concluded.
Q. The possibility which the witness mentioned concerning the
possibility of Bormann’s interference with every appointment of an
official results from the decree of 10 July 1937 published in the
Reichsgesetzblatt of 1937, page 769.[163] I shall submit that decree in
a supplement to my document book.
Witness, concerning the evidence submitted by the prosecution, could
you discuss a case which reveals such efforts being made by the Party?
A. I am able to do that. I refer to the statements made by the
prosecution witness Ferber. He dealt with a case about which Guertner
had frequently talked to me. That was the case against Heller in which
the law against motor car traps [Gesetz ueber die Autofallen-Stellung]
had been applied. For the information of the Tribunal I may say that
law was promulgated on 22 June 1938. It is based on the particular
initiative of Hitler.
The facts of the case were as follows: Soon after that law had been
promulgated, Heller and his mistress as the riders of a driving
school [sic][164] had attacked a driver and had robbed his money.
While the case was being tried before the Special Court in Nuernberg
in the presence of Gauleiter Streicher, and Denzler, the Gau legal
office leader, Hitler appeared in Nuernberg unexpectedly. A death
sentence against Heller was expected for certain. Evidently Streicher
and Denzler intended to submit to Hitler in his presence a proposal
for a death sentence on the basis of this new law in which Hitler
was particularly interested. A telephone call was put through to the
Ministry of Justice to hear an opinion on the question of clemency.
Opposition was encountered there on the part of the Referent. That
Referent was Ministerialrat Westphal, who was indicted here.[165] He
refused to give his opinion because the legal problem which had arisen
in the Heller case was being dealt with in a case before the Reich
Supreme Court which was still pending and was there to be submitted
for the opinion of the Reich Supreme Court judges. At that point the
Party representatives became busy. Denzler reported this information to
Hitler implying that Guertner obviously was sabotaging the application
of this law, which Hitler himself had promoted, and he boasted that
that was enough to bring about Guertner’s fall. At any rate, that
interference on the part of the Party led to the fact that Hitler,
following Denzler’s report, ordered the death sentence to be executed
without waiting for the Ministry of Justice to give its opinion.
Public-domain text, read in full here on John Shaqi.
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