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The INDEX Provisic

PAGE REPORT 3

APPENDIX I. Allied Note to President of German Dele gation respecting War Criminals ... 17 APPENDIX II. Judgment in the Case of Karl Heynen 18 ‘

APPENDIX III. Judgment in the Case of Emil Muller ... 26 • APPENDIX IV. Judgment in the Case of Robert Neumann 36 , APPENDIX V. Judgment in the Case of Karl Neumann ... 42

APPENDIX VI. Judgment in the Case of Lieutenants Dithmar and Boldt ...... •.. 45

‘‘

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36 26

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l1 i. 6

At a later date (June, 1921) the German Government further on that da intimated that as a result of the enquiries made into the Case of nesses bei Commander Patzig, they had decided to put upon trial two officers deposition same serving in the Submarine, Lieutenants Dithmar, an officer Supreme C in the German Navy, and Boldt, a retired officer of the German of the acci Navy, who appeared to be implicated and responsible for a part in the outrage with which Patzig was charged. The question how best to make available at the trial of the The ca accused the evidence of the British witnesses was one which presented considerable difficulty K

Three of the cases to be tried involved the ill-treatment of R Prisoners of War at Prison Camps in Germany, and in these cases Li a conviction was only likely to be obtained if a large number of and the tn witnesses could be collected and produced at the trial to give May 23rd. evidence of a continuous course of ill-treatment by the person Presidency long since charged. The witnesses had been demobilised from the A Britj Army and were dispersed to civilian employment all over the proceedings country. -• :‘ (Sir Ernest In the remaining cases, the charges were torpedoing àf Hurne-WjJij I{ospital Ships and a merchant ship, and the witnesses, who were Mr. R. W. mainly employed in the Merchant Service, were also widely dis General). persed at sea. the Missior Embassy in Tracing these witnesses through changing addresses and taking the trials. comprehensive statements, such as were suitable for production in a Court of Law, involved great labour and some delay. When. In acco: the question arose of securing their testimony at the trial, it was Allies state found that it was not possible to secure the attendance in Leipzig the trials b of all the witnesses, and there was of course no means of the Mission• unwilling witnesses to attend the trials there. of the Gem ceedings. ‘1 Many further witnesses in the cases of Heinen,’ Muller and occasions, t: Neumann were traced and interviewed with a view to making the reichsanwalt Crown’s Case as complete as possible, and as soon as the collection•• of Justice, f of the evidence had been completed, arrangements were made which appea for the examination in London at as early a date as could be to the atter arranged of all the witnesses in those cases, who were unable or the evidence unwilling to proceed to Germany to give oral evidence at the trial. In accorc After consultation with the Representatives of the German. other contin Government, who visited London in February, 1921, for the proceedings’ purpose of conferring with the Attorney-General upon the pro The Oberrei cedure to be adopted in securing the evidence of the British the German witnesses the 26th April was fixed for the examination at Bow represented 1 Street Police Court before the Chief Magistrate of all British the witnesse: witnesses, who were unable to attend the trials. The German and confinec Government and the accused German persons were legally repre examination sentd and an opportunity was given to them of putting questions The Oberr to the witnesses. The examination of witnesses was commenced tc the Court

1

of vidence ;ements yment Government

ses tary, ere rere nent , 1. de

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knocking

reference

Herne,

where

under

do

said

and

of

professor

guilty

being

in

and appendix.

him

sentence.

1920,

orally

of

to

afresh.

Commander

gave

demanded

fists.

the

Leipzig. 18th

was

perfunctory

Aberdeen

the

that

Camp

to

clearly.

at

be

it

of

to

from

then

which

he

of

him,

suspended

the

reduced

same.

these

of

the

Westphalia.

evidence

its

seemed

14 the

ill-treated

given

December,

them

by

desired.

War is

in

these

it,

had

Complaints

its

of

This

certain

witnesses

while

made

established

trial

days’

judgment

that

attending

considered

the

full

the

the defects,

languages

in

It

the

proceedings

come

Dr

had

about Patzig,

University.

complaints

through

to

case

appeared

of

probable order

judgment

Supreme

Supreme

case hereafter

and

medium

at

German

Heynen

sentence

till

It

British

Peters’

of

Ljeuts writing

found

to

1919,

Bow

with

were

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The

was.

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and the

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V : - V

V

n

April,

Camp

by

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Camp

Emil

ment.

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to

the

charge

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dead—

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obedjE

of

that

forna€

that

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of

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priso

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the

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at

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ipzig. t which ties imp tg ;or f

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ie

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the

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e

him, suspended

the

same. these its

of

the

Westphalia.

given

evidence

ill-treated

seemed

14

is

desired.

December,

them in

had

by

War

these

Complaints

of

made

witnesses

certain

trial

while

judgment

considered

established

that

attending

fulljiidgment: 1

days’

nis

the

languages

defects,

the

the

the

in

come

It

proceedings

Dr.

Patzig,

through

University.

about

had complaints

to

of

case

appeared

hereafter

order

probable

case

and

Supreme Supreme

sentence

medium

German

Heynen

at

till

It

writing

Lieuts.

Peters’

British

of

to

found

1919,

were

such

Bow with

was had The was

was

and

less

the

the

the

the

the

an its

at

to at

•..

I’

I

Camp

by

April,

April

Emil

Camp

ment.

by

trustworthy. they

with

of

were, he

to

the

rendered

charge dead—who,

the

obedience

this

of

that

formed

that

Heynen

using

and

of

was

the

prisoners

their

from

the

Captain

the

Heynen had

the

The

the

A

the

workmg

Another

English

bath.

Mine

Muller.

referred

his

also

charge.

helpful

the

and in

however,

number

at

1918.

by

“a

“German

“most

“prisoners

“tremely

“that

British “One

their

part

treatment

the

shown

are

English

prisoners,

President,

President

one

view

having

Flavy-le-Martel

had

the

because

work

insane

and

beginning

at

referred

to

Emil

was

of

The

butt evidence

to

in

cannot according

witnesses to

charge

While

to

Germans

of ordered

the

proper these

of

signs the

his

as

work

found

a

was the

Germany

witnesses,

ultimately his

Army

rough certain

the

facts

other

by

coal

of

a Muller

Heynen

the

he

ends

charges

against

orders,

Camp,

of

in

Clearing

to

reason

culture

of

it

help order

done

treatment

in

received Orders

acts

of

related

to

that

great

delivering

the

mine.

manner,

in

was the

insanity

and and

charges

to

it,

stated

during

acts

be

of

May,

habits

was

acknowledging

the

in there

against

and

on

some

because

were Court

whom

and

was

to on

proved

Guard

in

and

the

which

their

majority

conclusions

sentenced

was

carrying

given

Station,

of

judgment

the

in

In

the

to

change

the

in

1918.

of

that

respect of

brutality some

justified

the

he

control.

meted

had

of

of

if

to

sentence,

perpetrated

charge

consequence

9

how

the

Heynen,

a

the

occupation

one rifles

violence

Western to

against

day

was

they

the

to

Cross,

was

be

the

rapid

prisoner

Cross’

been

of

ten

drive

bath,

but

on

insubordination

The

him

their

upheld.”

they

should

British

to

out

of

following

held

the

considered

(Appendix

and

accordingly

good

of

in

the

that

days

aggravated

of

which

advance

the

was

Heynen

ten observed:

but

concerted

by

to

Camp the

to the

men

insanity

as

using

Front

clothing

knew

the

War

by

of

fists.

against

this individual

named

of

his the

German previously.

used

him,

to

witnesses

reputation

have

months

prisoners

Prisoners

the

were had

the

this

the

Court

their

against

Court

force

Superiors

had

by

is

at

he

in

that

II.).

by

ac

Germans,

This

acted

no

a

was

arrival

acquitted

Court

disobedience,

resistance

the

and

inconsistent.

the

March

defenceless.

by

Cross—now

a on

was

case

Heynen

been Nation

knowledge

considered

experience

upon to

such

irnprison

Working

had

prisoners

evidence

England,

to

the

not

the

of

incident

Two

end

of

in descend

àompel

insane

of

Asked

to

to

of

work,

War

used

been

fact

work

and

the part

the

the

this.

ex

due

as

be see

of

th

on

in

of

on

I I 10

conditions of the Camp were indescribably bad. Into sheds time. capable of accommodating at the utmost 450 men over 1,000 had d men were crowded. The sanitary and washing arrangements his fa were so primitive as to be practically non-existent. The provisioj but t of food and medical attention was wholly insumoient, and no was, 1 parcels or letters reached the Camp. In a very short time the men were starving, verminons, and in a ifithy condition, with In the inevitable consequence that dysentery appeared almost at of th( once and men began to die with appalling rapidity. In spite must of the terrible condition of the men, they were forced to eñga Müllej in heavy work behind the lines at long distances from the Camp, dition and practically no excuse of weakness or sickness Flavy was accepted -: as relieving them from work. Men in the last stages of dysenter- overci were driven out to work and fell and died by the road. short The evidence in this case fell under two headings, that relating clothii to the physical condition of the Camp, and that relating to per prison sonal brutality committed by Muller. unfit f and fo Eight British witnesses gave evidence at Bow Street and had, ii nineteen in Leipzig. power. There was a conflict between the evidence tendered by and before on behalf of the accused and that of the British witnesses as to only 0: the date on which Captain Muller left the Camp, but if the German: Wh records which were produced were correct, and it was not practic. . able to challenge them, it appeared that he left the Camp on at his May 5th, 1918, and did not subsequently return to it. It was as Con naturally impossible for the British witnesses, after so long a as was lapse of time, to state with convincing certainty whether camp a particular incidents, to which they spoke, occurred before or clean a after the 5th May, and after hearing evidence, which tended to be adix exonerate Captain Muller from responsibility for the state of the but ral Camp, the Court showed an inclination to discount evidence as insanjt to incidents, and in particular, as to the very numerous deaths be qua which may have occurred after the 5th May, although there short c could be no reasonable doubt that they were directly attributable exactin, to conditions, which had been brought into existence before that -: Aft€ date. . . to the c After considering the records produced by the German Military . ‘. -. proved Authorities on behalf of the accused, the Court came to the been gu conclusion that Captain Muller was not to be held responsible rendere for the insanitary conditions of the Camp to which the numerous was adn deaths were directly attributable, inasmuch as reports from Muller Staff an to Divisional Headquarters were produced calling attention to to attril its state and asking for assistance and supplies. It was stated partly t that these appeals met with no response owing to the great strain with pr put upon German Headquarters Staff by the rapid advance in in whici March, 1918, to the fluid state of the front, the number of such a 1 prisoners taken, the lack of supplies in Germany, and the general circumst inability of the staff to meet the demands made upon it at this imprison [

lay, eturn kness

aade ig existence ip, Lee y

ry sos, at aces • shing

ie )lies. liscount ice, .d

)flt,

that

t ithy

itis.

by ere very

directly

the stent 450

which e

any,

calling

adings,

be

Court

insufficient,

occurred

appeared

for

re

ra.pidity.

stages

certainty

it

to

left

bad.

but

rapid

Bow

numerous the

-

German forced

held which

was

after

the ‘ndered

men

the

from

the

relating

and

although

upon

co’idition,

short

to vitnesses

s

It

the

if

the

was

The

arrangements

came

road.

that

of

attention

attributable

from

evidence not

state the

great

Street

advance it.

number

responsible

before

Into

the

was

over

the

so

tended

dysentery

before

numerous

almost

to

it

Camp

provision

accepted time

In

Military

whether

German

practic.

relating

by

general

and

to

long

at

It

to

engage

deaths

Muller

Camp,

stated

of

strain

there

as

sheds

1,0Q.

spite

that

with

per-

and

this

was

and

the the

the

on

no

to

to

as

to

in

or

of

at a .

..

*..

imprisonment.

circumstances,

in partly

such with

Staff rendered

to

was

proved

been

to

exacting

insanitary

short

be but

be camp

clean

as

as

before

power.

at

had,

prisoners

and

unfit clothing

only

short Flavy-le-Martel,

overcrowded

Muller

dition

must

of

was,

but

his

had

time.

which

the

attribute

his

was

Commandant

quartered

After

admitted

While

the

admitted

In

rather

failure

for

a

guilty

to

and

done

meantime,

prisoners

one

for

and

therefore,

and

and

of

to disposal,

conclusion

be

considering

the

large

in

in

against

the

had camp

The

equipment

from

them

It

available.

hard

food,

hearing

he a

or

was

could

it

for

to

the which borne

his

the

compound

epidemic

heart

of

with

to

lack

was,

two

may

Captain

taken

found

Court,

that afford

number

to

there,

getting

and

best

bad

them

sending

upon

circumstances work.

men

wholly

render

Muller

and

be

the

of

not

Captain

acquitted

made

deaths

of

it in

of

those,

that

be

the

affection,

reported

moreover;

the

and

without

to

Miller’s

contrary

war,

over

to were

himself was

to

assistance

the

therefore,

work

be

and of mind

He

the

entirely

doubted

Court

improve

Muller’s

treatment

three

British

He

of

incapable

main the

them

a

rapidly

such

be

took

out

dysentery

justified.

camp

further

number

occurred

found

who

thereafter

lousy; complete

the

men.

Muller

and

had

sent

of

prisoners

that on

to

facilities

responsibility

times

small

to

to

in

partly

all

responsibility

satisfactory

awarded the

proved

possible,

camp

work without

whether,

witnesses,

elected this

the

asked

to

the

becoming

given

a

conduct

came

to

partly

the

his

later

reported

After

it

when

of most

camp

and

of

11

take,

and

improvements

had

him;

before

as conditions

instructions

The

charge.

measures,

was

evidence

to

men,

discharging superiors

acts

from

to

means

for

for

to

many

to

to

that that

reached

to

his

in

arduous

they

taking

the

keep

change

to

sentence

so but

in

Court

even

the

to proved

him

the

washing; be;

of

worse,

whose

however,

his

that

was

for

crowd

particular,

the

inexperience

order

ill-equipped

there

did

insanitary

the

personal for he

his

men

without

were

conclusion

camp

them

by

departure.

with

the

given

of

which

that

that

showed

English

into due

the

keeping had

of its

nervous not

nature.

of

physical

the

and

it.

to

great

his

at

as

was

as

general

into

the

sick,

of

height,

the

to he

condition

clothing,

short

improve,

not

the

that

account

were

could rest

Camp,

the

left at

the

it

that

superiors.

violence result,

This

that

Headquarter

be

no

six

had,

was

a

scant

state

a

yet

the

court

in

themselves

to

difficulties

that

to

in

with

state

small camp

improved,

water

condition

the

tendency

within

trial conditions

they

of

supply

properly

conduct and

his

months the

his

he

dealing and

while

it

receive

trial,

and

water,

means

of

these

so

Muller

came

while

of

camp

must

were

duty fault,

him,

were

had

due

that

and

that

con

that

the

was

was

far

the

his

He

he

of

at it

he

and

for

direct

sinking

even

it

which

Government

N’eumann under

been

announced was

a

as submarine.

Williamson

Mediterranean

moor” because

which

Lieut.-Commander

that

which

initiative.

imprisonment.

to

awaiting

the

authority Trinke,

twenty-five

of Pommerensdorf

than closely

officer,

Robert

because

was

certificate

had

a

The

Neumann

the

This

a

To

Trinke,

Three

could Neumann

witness

defence

included

though

only

torpedoed

with

superior

decided

conviction

order

the

in

attached

conclusion

some

defence and

sank

the

but

and

connected

the

Neumann.

the

officer

no

trial

could

not

sentence

two

British

that

Neumann.

and

for

For

obtained with

taken

way of after

that

the

German

in

ship

evidence

as When

extent

the

in

had

to

be

in

the

were,

was

orders;

on

his

months

the

Neumann

Leipzig.

relied

to

not

had

result

was

proceed

to

October, these

as

exceeded Four

Chemical

he

challenged.

whom case

the

and

previously

hearing

Commander

that

the

the

witnesses

his

superiors.

trial,

with

charged

Karl

was

the

Hospital

be

it

Neumann

stated.

acted

however,

Government

committed

in

from

volume

solely

was

26th

Master,

should

but,

the

against

identity,

offences

on

held

he

months,

remained

‘pronounced.

submarine

and

a

command

with

the

Neumann.

all

would

1920. had, under

the

overwhelming.

the

greater

Works

Court

after

May,

Neumann,

with

criminally

torpedoed

the

on a

gave

charge

Captain

be

the

taken

The

Ship

orders

photographic

The was

Captain

of

him

grounds

Neumann

in

he

the

rely

12

and

consultation

British

an the

acts

which

1917.

were

case, to

evidence

The

held

ill-treating

a

evidence

returned

Oberreichsanwalt

able

degree

was

order

acquittal of’

lost

plea

number

The

into

be orders

on

against

that

“Dover

which

of

Williamson

because

unable

responsible

under

a the

German Wffliamson,

the

to

sentenced

served

witnesses

that

The he

hereinafter

much

vessel

that

charge

violence

account

was

the

was

of

shelter

defence

of

sent Submarine

he

had

copy

of

to

facts

at

Trinke,

with

responsibility

on

prisoners

Lieut.

his

to.

produced

his

in

had

cases,

named

of

“Elmmoor.”

Castle”

from

of

acting

its

Bow

Authorities

the

against

spent

secure

to

torpedoing

of

the

superior

the

own

the

with

its

himself

were

upon

to

for

was

received.

base.

the

that

-Commander on

legal

the

referred

exceeded

did

the

importance his

significance,

Admiralty,

Court

six

Street

the

the

upon

board

certificate.

signature,

the

of

the

in

“U.

available

admitted

he

in

him

his

German

not

Captain

date

in

superior

plea.

months

“Elm-

behind

act

war

officer,

prison

acted rested

court

result

arrest

came.

67,”

and

had

had

own

ask

the

and

the

the

was

to,

as his

on at - .

.

:

I

tion

as

that

statement,

the

jurisdiction

of

Authorities

are

made

Patzig

Hospital

and last

•the

at

who

little

he

not

Whether

He sonally

in

there

or

:adthess

whether

the

orders.

to

the Court

Court

in

Llandover

which

him,

his

punishmei

Lieutenan

two

As

their

of

hot

they

The did

This

anythin any

the

Trials

trial,

this

Boldt—

invited

much

It

were

Inthe

crew

judgnia

orders,

the

doubt

agains

Comm

Lieute

has

officei

was

in

not

kno

(2)

is

did

even

was

had

own

pen

inv(

oth

cas(

pro

wa

Shi

to

Hc

ex

pr

th

in:

th

th

T

ol ol

ha

a:

e:

n

r 1 13

In the course of the judgment the Court laid it down that the punishment of a subordinate, who has acted in conformity with soners of war at his orders, can only arise (1) if he has exceeded the order given to against him was him, (2) he is aware that his superior’s orders directed action, ke, his superior which involved a civil or military crime or misdemeanour. The f its significance, Court did not consider that either of these elements was present secure the arrest in this case and the accused was accordingly acquitted. ponibiity rested It is important in this case to record that the decision of the Court was based solely on the question of obedience to superior Bow Street and orders. The actual legality of the orders was not discussed in the judgment of the Court, which only considered the question whether the accused was aware that they were ifiegal. 1n his r himself behind address to the Court the Oberreiohsanwalt expressly stated that s superior officer, there was• no evidence that the “Dover Castle” was being used s the Court came in any other way than as a hospital ship, and that he was per-. ses, exceeded his sonally persuaded, that she did not carry troops or ammunition e upon his own or anything that it was not proper for a hospital ship to carry. d to six months He invited the Court to deal with the case on this assumption. spent in prison Whether the orders were themselves just or not, he added, did it with the result not much matter so far as this accused was concerned, provided ror e date on he did not know them to be unjust. This was the ratio decidendi of the Court, and there can b little doubt that by German law the decision was correct. against aiarine “U. 67,” The proceedings Commander Neumann completed Dastle” in the the Trials of the four persons named by the British Government were amenable justice, of were admitted who to but after the conclusion the ts last trial, proceedings were taken by the German Government, at their own instance, against two officers—Lieutenants Dithmar iamed the “Elm and Boldt—who were serving under the command of Commander on, on board the Patzig in the Submarine “U. 86,” by which the Hospital Ship its base. Captain Liandovery Castle” was sunk. s own signature, ‘Elmmoor” had }Iospital Ship “Liandovery Castle.” n was available y of the certificate Commander Helmut Patzig; to the German Lieutenants Dithmar and Boldt. Authorities had As has been already stated, Patzig is said to be out of the nce that he acted jurisdiction of the German Government, and his whereabouts Admiralty, th the re not known. In the course of the enquiry into the charges of th importance made against him by the British Government, the German fte eferred to, Authorities examined a number of witnesses and amongst them plea. i the legal the two officers, Lieutenants Dithmar and Boldt, and the members n torpedoing and of the crew of the submarine. acting upon the Lieutenants Dithmar and Boldt both refused to make any court roduced in statement, excusing themselves from doing so by the assertion wa1t did not ask that they had pledged their word to Patzig to give no information ieut. -Commander as to the events, which happened in connection with the destruc for as ble the act tion of the Hospital Ship “Liandovery Castle.” had received. 14

In consequence, however, of the information obtained from and I the members of the crew, supported as it was by the statements •on th of the British witnesses, which had already been furnished to the delibE German Government, the German Authorities came to the cot two j clusion that Lieutenants Dithmar and Boldt were implicated in all 1t1 the destruction of this vessel and the subsequent firing on her and ol boats, and that there was sufficient evidence to justify them in a piec placing these officers upon their trial for murder. Both officers Clusjo were accordingly placed under arrest and the case was referred to byoi the Supreme Court in Leipzig for trial. The British Government and f was invited to arrange for the attendance of the British witnesses I to the to give evidence at the trial, and although the British Government did not itself make the charge against these officers, it was con-. Th sidered that in view of the gravity of the offence with which they of th€ were charged, and of the deplorable nature of the outrage, every- but h assistance should be given to the German Government in bringing -: tenant to justice the persons responsible for the crime. of 1res that tk When notice was received of the date fixed for the trial, less and in th than three weeks remained, which to trace the witnesses and pledge arrange for their attendance at Leipzig. Four of the most rep orti important witnesses were found to be either serving in ships at sea or living abroad. Of these two were intercepted in New York :- In by wireless, one was on passage from the West Indies to England, - Some d and one was traced in Vancouver, British Columbia. had be Special arrangements were made for the immediate return-; the Coi of these witnesses to England and all were able to attend the murder trial in Leipzig, though the witness from British Vancouver The Co arrived only on the last day of the hearing, which was specially. - that at adjourned for his attendance. found a firing. One witness was examined at Bow Street and twelve witnesses After these witnesses and German gave evidence at the trial. hearing the -Country witnesses called by the German Authorities themselves, who in intent cluded a number of the members of the crew of the submarine, British the pre the Court found that the “Llandovery Castle” was a without hospital ship, she was properly equipped and lighted, and was that they we used solely for the purposes of a hospital ship and carried no com lour she was on her proper course; yea batants or munitions of war; that disniissa that she was followed by the submarine “U. 86” for several hours -a retjre( and when her lights were lit she was recognised as a hospital ship beyond any possibility of doubt; and that after fully considering Comi the matter and discussing it with the members of his staff, Com in defen mander Helmut Patzig torpedoed the vessel without warning. his failui The Court further held that at least three boats got safely away from the ship with survivors in them; and that the boats were found and searched by the submarine, whose Commander professed to hold the belief and was attempting to prove that the vessel carried eight American Flight Officers; that failing to find in the boats any justification for torpedoing the ship, Commander Patzig with the approval and concurrence of Lieutenants Ththmar [ndies I d Le” pted riment leers, itish r. ere Its id ,ble ervixig ) 3ame y hich ent ‘ieutenants that nd .d 3ritish the he ie n our t S mbia. e ove immediate er

itish

her emselves,

mmander

for British

furnished

witnesses

of

with

justify

without

01

as

twelve the

failing ship,

was

obtained

f lighted, for

outrage,

got

carried

the implicated

witnesses firing

proper the Both to

was is that

v

the

a

Government

Government in

was

to

f

statements several it

to

which

hospital referred

in

in

Vancouver attend safely

New submarine,

Commander

considering

witnesses

staff,

the

trial,

the was

boats

them

England,

bringing witnesses

to a

specially the ships

officers

professed

on

warning.

who and to and

no

Dithrnar course;

British

return

from

every

con

find York

most they

con

hours

the

her vessel

Corn

less corn-

away and

were

in ship tó.’I the in..

was

the

at

in-

in

and

and all and two a on to by deliberately elusion

that pledge but of reporting and tenants

of The the found had that murder, some firing.

intent country. German without the they In

a dismissal

his

our

pledge

retired the the responsibility

the

the

The

In omitting defence

obtained

Boldt

Commander

failure

forwarding Court held out

present

that been

they

Court,

years

were

at

doubt

as German deck his

persons

of and

themselves Court

submarine,

Dithmar

There

of least

and

Criminal adequate that

to

a

they

the had

the (who hit

It from officer,

guilty

to

address

imprisonment

to the

fact

of

however, of fired

manslaughter

from whether maintain

may

case any

find

recognised

by incident

to

do

war,

two

taken

the

his

the is,

three who

with could

Admiralty.

a

the

Patzig that

of for

and so.

award the

on

reference

the falsified be however,

deprivation the

that

brother

submarine

plea

Law boats

to

and

the

premeditation

to

was

were

the

part Service,

the

said

the

of

these shells

Boldt officers, there

have

came

the

Court

upon silence

secrecy

intermediate

did the

of

he

them

Gunner

which

a

that

torpedoing

primarily

with,

surviving

had to and

in

chart Court

superior

sentence officers

by

further

not

two

prevented

was officers fired

in to a

to come

their

them.

considered

Commander

crew and with

concurred

degree with

been

as

such of

negligence

the

in 15

appear

the is

and

boats Meissner—now

direct

of

by

the

the

the to

return

between

not

of

and

and

and concealed

the

incident had

responsible the the boats

conclusion

a orders

hit

of of Commander

the degree declaring

the

Lieutenant

of Oberreichsanwalt case

case.

right

had

prisoners at known

this

legal

the

was four

Commander

courses consequent

was they

been

kffling

in

that

submarine

to

incident

the

Patzig,

and

without

of

murder would been

the

ship,

of action

port. to

severely While

proof from

years

irresistible

Lieutenant

trial

all

guilty

therefore

kffling the

to

hit

wear their firing

that

recognised dead—were

for of

in

destroyed

traces

the

Patzig

the

Boldt,

the

not

to

prisoners

the

until the and the by

with relieving

that

imprisonment. intent,

loss

this

and

at

the

of

give

uniform.

and

on intention

Court

criticised

Commander

law

avail

refusing submarine,

Log

submarine

the

attempted

destroyed

of

deliberate

expressed the held

the

of

and the

inference

Ditbmar, required he

who

outrage,

evidence awarded

his

of

life and by by time),

found

alone

Book

asked boats Lieu

them boats

acted

con

they

that

this

act

was

the

the

for

of

to

of

in

‘1 British with

but Lieut.-Commander Captain Robert the prison Karl the Lieut. Lieut. In

before appeared a way

LAW

mann.

remarkable

Out

In

A all

Translations ROYAL

fact Court. not

Heynen

the

in

OFFICERS’

Dithmar Boldt

addition,

satisfactory

Neumann and

8th

the

of Government STRAND,

Emil

of

named

which that following

greatly

these

Supreme Aug’ust,

not

Name.

Name.

the

COURTS

Muller

the

to

seven

arising

by

the

degree

W.C.

cases DEPARTMENT,

of

confinement

Karl

sentences

to

results

feature

the

1921.

the

Court

OF British

in

impress

persons,

2. Neu

out the

British

the JTJSTICE,

judgments

of :—

SUMMARY. at

of

of

abridged

sentences

intelligence

are

witnesses

Leipzig

the Acquitted Convicted Convicted Convicted

Convicted Convicted

the

these

in

Result.

Result.

Government

whose

16

being

a

case

President

fortress.

are

Trials

list,

of

were

served

They

names

have

appended.

the

and

4 10 4

four

6

6

has

the wear officer.

dismissal deprivation

years years

months

to

Official

and “ :— consistently

given

has

Liandovery

have

impartiality,

were

been German

imprisonment

uniform

other

Sentence.

Sentence.

imprisonment

imprisonment,

been

imprisonment.

confirmation

now

their

the from

placed

Navy.

members

of

received.

as

been

admirable

displayed

service

evidence

Castle,”

a right

by

retired

which:

trie

in

th0 andi

and

tô.’Y

of in

of

a

i

1

instructjoj

ment clélai

Convient raison mixte plus

des

Sur

liste

publier

chacun

l’Allema

an dans en

allernanc

celui-cj

ensuite lettre ment procédui prévoit compati

dont a des alleman une

pour l’Allem

réservaj present

des

a en suprêm destine

dressée

M. ALLIT

Les

Cette

Elle

La juste

saisin

l’appl

Dans

les

oblig;

Apre

la

qui

Elle gran

Par conf POSi

proc Je EN

alle trib Ce

ont del

drc

les

eli

Pi al

et

C lj

ii

e

]

c] a I C C ____

17

APPENDIX I. ore placed by the.: ALLIED NOTE TO PRESIDENT OF GERMAN DELEGATION ye now been tried*.: RESPECTING WAR CRIMINALS. , le 7 mai 1920. M. Je Président, Sentence. EN faisant remettre au Gouvernement allemand Ja liste ci-jointe, I dressée pour parvenir a l’exécution des décisioas prises par le Conseil supreme des A]liés réuni a Londres, los Puissances alliées jugent nécessaire, imprisonment. en conñrmant la réponse faite aux observations des Allemands relatives hs a la livraison des coupables, d’y ajouter la communication suivahte, destinée a determiner exactement l’état de la question. Par Ia réponse faite par le Conseil supreme des Allies aux observations présentées par le Gouvernement aUemand, les Puissances alliées, en se réservant d’user expressément, dans la forme qu’elles jugeront convenabl, des droits quo leur donne le traité, ont constaté en premier lieu qu.e .andovery Castle,” l’Allemagne se déclarait hors d’etat d’exécuter les obligations résultant pour cue du traité qu’eIle a signé. Elles ont, en outre, pris acte de la declaration faite par le Gouvernement allemand qu’il est prêt a ouvrir sans délai devant la Cour supreme de Leipzig Sentence. une procedure pénale entourée des garanties les plus completes et soustraite ( a l’application de tous jugements, procedures ou decisions antérieures des tribunaux allemands civils et militaires, contre tous les Allemands imprisonment and:: dont los Puissances alliées ont l’intention de demander la livraison. ssa1 from service in. : erman Navy. Aprés avoir constaté que cette offre du Gouvernement allemand était ; imprisonment, and compatible avec l’exécution de l’article 228 du Traité de Paix, lequel vation of right to. prévoit formellement cette hypothése, les Puissances alliées, fidèles a la uniform as a retired lettre et a l’esprit dudit traité, ont décidé que, sans intervenir clans la :r. procedure, les poursuites et le jugement, de manière a laisser au Gouverne mont allemand sa pleine et entière responsabilité, des laisseraient a imprisonment in a celui-ci Je soin de procéder aux poursuites et au jugement, les Allies devant confirmation of ensuite examiner, au résultat de ces poursuites, si le GOuverñement cial allernand est sincérement résolu a faire bonne et loyale justice. as been received. Dans le cas oil ii serait démontré que les procedures proposees par een the admirable l’Allernagnc n’ont en definitive pour effet que de soustraire les. coupables their evidence au juste châtiment do leurs forfaits, les Puissances alliées se sont réservé, yen dans ce cas, de la manière la plus expresse, leur droit dans sa plenitude asistently displayed en saisissant leurs tribunaux. which mpartiality, La Commission mixte interalliée, qui a reçu mission de rassembler, I other members of publier et communiquer a l’Allemagne le detail des charges relevées contre chacun des responsables, s’est, en consequence, inspirée de ces décisions Elle a décidé, a son tour, qu’il serait dressé par ses soins une premiere liste qui comprendrait un nombre trCs restreint d’accusés, figurant d’ailleurs sur les listes précédemment établies et qui ont été reniises a l’Allemagne. Cette liste, qui comprend quarante-cinq noms, a été établie avec le plus grand soin par les Allies, dont los représentants a Ia Commission mixte ont été ünanimes a adopter la méthode qui vient d’être définie. Les Puissances alliées font observer an Gouvernement alleñiand qu’en. raison de l’urgence que présentent la solution do cette question et l’exécution des obligations inscrites au Traité de Paix qu’a signé l’Allemagne, ii convient qu’aucun nouveau retard ne soit plus apporté,. et quo le-Gouverne ment allemand fasse toute diligence pour assurer la marche rapide des instructions, en vue d’aboutir au jugemont des accuses dans le plus bref délai possible. 18

Le allemand devra The Gouvernement donner les assurances les plus ac( formelles avec toutes garanties, tant au point de vue de la sécurjté person charges iielle des témoins et des égards qui leur sont dus au Gas Oi us Se rendrajent subordi en Allemagne pour y témoigner, qu’au point de vue de l’imniunjt absolue - the t qui doit s’attacher dans le present et dans l’avenir a.leurs depositions queues The qu’eiles soient, mais ii reste entendu qu’aucun témoin apparjena , sentenc l’une des Puissances alliées ne pourra etre contraint a déposer devant la .Cour de Leipzig. The condeni Les Puissances alliées se déclarent prêtes a executer les commissions they ar -rogatoires qui pourraient être délivrées par l’autorité judiciaire allernancle The -pour recueillir les declarations des témoins au lieu de leur residence, ajnsj qu’il est d’usage de procéder dans les relations normales entre-Eta includin Les Puissances alliées se réservent le droit, au Gas oii les terreoin ressortissant a leur souveraine-té se rendraient en Allemagne pour y témoig.. ner, de faire assister a leur audition un ou plusieurs délégués qu’eiles désigneront, comme elles se réservent également le droit de faire assise. les délégués des Puissances alliées aux débats de la Cour de Leipzig. - -- 1. T. Enfin, les Puissances alliées renouvellent formellement leurs reserves Regimer expresses d exercer leur droit dans sa plemtude tel qu ii est défini par les — Regimer articles 228 et 229 du Traité de Versailles, si elles jugent au résultatdes in the

procedures et des jugements qui vont être institués en Allernagne, que - Münster ;l’offre faite par le Gouvernement allemand n’a eu d’autre effet que dr was wot -tenter de soustraire les inculpés an juste et nécessaire châtiment des Münster -crimes qui seraient établis a. leur charge. Camp al Radenb Veuillez agréer, &c. faultless towards MILLERAND. - were 0CC At th Prisoner Camp to Herne. APPENDIX II. Landstur during t: tTraiislation.] Therc 200 were JUDGMENT IN THE CASE OF KARL HEYNEN. This was they mig 21 from wha b.J.-- /20 3 On Ii prisoners IX. 1017/21. than that IN THE NAME OF THE EMPIRE. for them In the criminal case against Karl Heynen master cooper of and Camp in horn in Barmen on 22 June, 1875, for crimes and offences contrary to the work

the - - - 122, 55, 1, 121 Military Penal Code, and § 74 Imperial Penal Code On th a in Second Penal Senate of the Imperial Court of Justice at Sitting - -: because ti public on 26 May, 1921, at which there took part as Judges— vented tli The President of the Senate Dr. Schmidt and the Justices of let it be uj the Imperial Court, Dr. Sabarth, Dr. Paul, Dr. Schultz, Dr. for the ac Kleine, Hagemann, Dr. Vogt. been allot

officials of - Public Prosecutor’s Department. As the II. Afi The Oberreichsanwalt, Dr. Ebermayer and Dr. Feisenberger, endeavour Attorney for the State. German si As Clerk of the Court. his fellow who, howe Risch, Official, understoo ‘after oral -evidence. Parry’s St

I

ad I s ssaire Imagne le

istice jaster éer, as

‘aul, és ugent urs

u t

tment. erial ilement

eurs

qu’il

rmales é émoin

cuter

de

RE.

droit

de

Cour

HEYNEN.

d’autre

offences

anc

assurances

a

judiciaire

Judges— leur

cas

en

l’immunité

oil

Dr. la

depositions

déposer

MILLERAND.

délégués

Penal

est

les

Allemagne,

us

de

at

sécurité

the

cooper, de

oil

au

residence,

:.

appartensnt

châtiment

pour

entre

leurs

Feisenberger,

défini

se

effet faire

Schultz, a

Leipzig.

commissions:

résultat

contrary

les

Justices

rendraient

Sitting allemande’-,

Code

devant

y

les

Etats.

reserves

témojns’.

absolue

témoig

person-.

qu’elles.

assister:;

que

of

queues

par

ainsj

plus

and

que

Dr.

the

des

des.

les

de

‘a to

Ia

of a.

-

understood

who,

his

Parry’s

German

endeavoured

been

for let

vented

because

the

Camp than

for

prisoners

from

they

This

Landsturm

200

Herne.

Camp

Prisoners’ towards

during

were

faultless

Radenberg, Munster

was

Camp

in

Munster

Regiment,

Regiment

including

condemned,

they sentence

The

charges

subordinates,

to

it

II.

fellow

the

On

On

them

There

At

work

the

the

were

The

1.

be The

The

however,

allotted

that

might

what

was wounded

occupied

in

accused

After

to

are

the

accused

the

The

their

at

statement 13

understood

they

the

sufficiently

regulations;

autumn

Herne

be

He

the

Treasury

prisoners.

and detention

he

costs

;

English

Landsturm

conduct.

intended

left

of

kept

Rheine.

were

October,

Camp,

passed.

to

way

beginning

him

they

the

and

men,

be

be

war.

organised

was Accused

to

had

saw

arrival

received

are

discontent

ill-treating

an has

Russian

be

was

at

Mhnster

is

to

find

and

necessary

was

unwilling

with on

of

only

he

already secret

in

had

placed

to imposed

interpreter.

that

borne

most promoted

that

condemned

in

testified

and

make

of

which posted

is

the

was

29th

that

see

the

to

for

during

amongst

REASONS

to

1915, His

on

at

order

There

partially. been

agricultural

Such

to

of

they

Battalion.

1914

in

served

as

at

be

40

from

prisoners

time,

to

proceedings,

of

make

to

them.

by

year

the

they

himself

under

discontent for bear

charges

October,

December,

by

Camp other

shaft

his

upon

is subordinates,

to

it were

able

expenses

whom

for

accused

told,

to

keep

to

were

a

the

the

has

as

that

Railway

considered

them,

Heme.

such non-commissioned

undertake

had man

the

would

take

sentries

also

1901,

a

his

to

1895—1897

his

to

him

respects

Russians. V

him

non-commissioned

period

Imperial

Commandant

that enquiry

silent

been

understood going

FOR

In

the

had

By

of

English

ten

of

of

act

own work.

but

1915,

in

he utterances

He

over

great

with

and

probably

consequence

of

became

after

not

the

war, 1914,

240

prisoners

having

they

in

the

RIGHT.

only

found

to

He

19

no (10)

a

Station

to

took

little about

THE the

arrangements; of

the

he

in

such

and

to

he

work

his

the

draft

“Friedrich

is

some

zeal,

be

prisoners

first-mentioned

Treasury.

who

prisoners

complaint

training

with

7

on

had

were the

received

accused.

was

They months’

be

is

to

part

command

months

detachment

made

knowledge

apparent

in

to

DECISION.

cases

their

work.

on

treated

the

in because

acquitted.

as

undertook

cases,

absolute

at

of

be

credible,

at

extent

were

the

the

received

recalled

to

the

a

officer;

in

the

were

three

that

“Nix

1

Herne,

taken.

to

Pelizza,

mine.

place

work

with

English

in

prisoners

officer

of

a

the

their

Lance

imprisonment

to

in

der

work

placed

145th

accused,

of

man,

In

as

among

subordinates

to

war,

of

it

which

time,

which

the

of

campaign

until trustworthiness

charges

any

himself to

Minen”

fact

of at Grosse”

into

of the

no

an

the

the

work

was

necessary

It

the

he

cases

German.

in

then

who

with

Corporal

Prisoners

the

sentries

prisoner

a

destination

of

King’s

was

interpreter

under

further

a

work

kind

as

Deputy

they

new

138th

the sugar he

was

his

the

account

accused

according

foreseen

mine.

whom

in

first

understood

he

all

is

returned

impossible

got

the of

prisoners,

arrival

and

a

Mine

in

Prisoners’

accused

intended

acquitted,

believed,

called

of

had

on

him

expenses,

factory. colliery.. training

and Münster

Infantry Infantry

insulting

Parry,

contrary

and

angry

Parry

Russia,

orders

of

second

Officer

They

about

excess

thus

in fifteen

first

that

and

not

near

for

War

the

and

and

to

in.

the

12

up

to is

and

çntireiy

clearly

clothes.

to cuel1

still in

mination determined,

to

eyes.

obedience

which

circumstances

ordered refused

position. Parry left

were looked

Some

English

given In

were

jointly

to

shifts

prisoners the

fuither

against

is

with

(Abel 1 sheathed

ducked

Gothard

Excited

order

repeatedly

obligations had

prisoners,

in

(a

breach

was

punishment

under Englishman).

an.d

spite

his

be

them,

the

consequence

In

IV.

placed It

distance

the

made Camp

On

following

III.

loud

miners

this

already

ill-usage

of so

obeyed.

out

endeavouring

orders. view has

that

had

for

Thereby

to

that

same

upon

McLaren),

to

of

to

his

his

this

upon

During

punishable

prisoners,

these,

§

under

irritable

of

before

over

fall

and

The

which

In

fell

shouts

repeated the

it

of

to

not

open

refuse side-arm,

in In

obey

the

been

their

command,

men

122,

§

they

of

they

and

and

occasion

as

clear

as

consequence

of

as

such

the

in,

the

in

his them, 121

other

been

under

order

this

following

been

the

position

the

however, day,

of

In

prisoners

about

the

the

regards

they

he

their

and

By

clothes that

they para.

of

revolt to

they

because

the

repeated

such

He

emphatically

march

own

cells

would

prisoners.

were

para.

that

to

an

by

who

so

work

strict

but

disobedience,

load work

showed

this,

prisoners

witnesses,

night

orders

blows,

proved

offences

no

though

the

a

to thus

repeated

work

§

to

thus

insubordination unknown

acting

in

shouts,

had

the

as”

resources, did were

a

half-an-hour’s

roll

had

5,

he

1,

ready

were

there

without

such

number

enforce from 1,

was

in

obedience.

their

not

carry

para.

on

as

had

day.

he

orders

14th

was

55,

not

were

of

Englishman insulted

called

and

of

No.

was

Nix of

agreed,

given

in

become

the

to

gave

drawing

without

that

a

the

wished

they l3th—l4th

to

go

he

not the

means No.

the

such like

not

Herne

He

for

to

is

the

rifles help

hit

wear

undertaken,

That

order

October.

Minen.”

I,

given

2,

called.

out

explained

very

form

sleepink

At

Englishman.

was given

down

of

morning

was obedience

apparently

him

use

the

delay

personally. him

Military

the

almost

was

20,

put

of

changed Gothard

this discontent

2,

had mine,

as

them,

this

his

not

the

to

and

his

first

while

the

he

any Railway

the

justified their to accused of

obliged could

blood.

them;

dilatory

accused,

walk)

“Englischer

of

“Arrest”

on

a

kind

no

grew

Germany

to

the

Gothard,

subordinate.

20

the

October

They

prisoner

same

and the

to

did

put

duties.

to

blow

morning

to Military

room. partly

the

the

They

a

who

doubt

the

to

more

of

These

at

Penal

bayonets

fix

mine

on

obey

year

he

even clothes mix

to

worse,

of

was

so

he Military

on

to

to the

14th

mining

indictment,

some

and

work

were

generally

on

accused

time

Station

persisted

In

and

On

bayonets the

on

work,

in

as

informed

his

is

succeed

use

found

because

the

successful

break

the his

that

and

in

very

As

this

and of

in

and

the prisoners,

Code

are

Therefore

asserted

when

has

shift,

this the

obeying

this

the

Penal

head

October,

the

then

in

Schweinhund”

orders

particular,

in

confusion

force

war

clothes

with

her

cocoa

mining

English

they

and

clothes,

and

the

evening

At

he must

Penal

dealt

been

order

gave

duty

contrary

the slow.

to

nose

to

although

accused,

himself

and

the the

put

with

in

in

prevailing

the

before

conduct

divided

who,

the

Code.

only this

intended

the

like,

to

partly

them.

rifles.

see

had

which

at

their

pit.

to

by

breaking

wizen

orders,

credibly

in

their

have

prisoners’

were

bound. accused

and deserves

only

secure

with

the

clothing.

to

Code. he

accused

pickets

a

prisoners

Camp

the

which

that

time

change

On

that anappearance.

by

committed

some

with

a

hot-water

disregarded

planned,

the

the

in

change

thrown

is

disobedience

accused

most

because

into

few

eye fist

some charges

In

their

lie

reasons.. Others handed known

of

being

later.

under

the

wbjh

a

his

guilty

obedience

they

prisoners’

among

at

prisoners

(Dog

had

events

This

stated

the

and

order

arrested

through.

the

increased

He

of offended with

difficult workingl

showed clothes,

itnesses

of

Shaft

accused

orders agreed.:.-j

deter

of

arrival

There

back their

placed

them

were

they

beeni

wary

they

as-he

t’

flrst pipe.

was

any

ha&-- of

dis

were

The

case- -

him

any

the

of

to

the

his

the

by

of

an V

... a -

. I 4..

4..

is

their

accused

the to

English

October.

meat

but

These

The

indictment),

in

(No.

proved.

at

Court

he

dealt

from

received subordinafior

the

shows

dressing

part

rightly

the

larger

but

there

small

refusal

that

serious

the

that the

in

of side-arms

independent

accused liable

he

circumstanc

revolt

employed

which

the

to had

especially those

bound

that

V.

direct

defence

did

In

As

to

the

same order

In

dressing has

work

It

accused

comply

1,

were

degree This

use

a

(No.

necessar

him

month

No

to

the

incideni

a

the

all

compel

that

the

groups

not

regard

groups

3

time,

that

is

sentry

prison

order

to

order

right

rifles

empli

not

of on

wouri

they

hold

and

of

conr

by

a

roon

holc

esse

con

furt

the to

prh

enc

in

rig]

acc

a

I.,

Pu

m€

do

mz

fo

ot

bl or

wi tI

01

a

ti

fi

t

I

t

t

r s i 21 iweinhund” (Dog of an bound is who, by being by the orders given to him to see that the work was done and by placed those orders he was covered. view kt this time the accused [n of these orders, a refusal of obedience, efore he is guilty . especially when general and disorderly, was inadmissible. Though they of a had a right to lodge and deserves increased complaints, the prisoners, as subordinates, were bound j:. to comply unconditionally with of the in al Code. .. the orders accused, even cases in which they considered the orders to be illegal. In so far as the accused y prevailing among the employed force, or ordered it to be employed, in order to quell an open to the Camp at Shaft V revolt on the part of the prisoners or to compel obedience to his orders, he slow On their arrival . has not acted contrary to law and consequently has not rendered himself ying orders, which were liable to punishment. -. -‘4 •although most of them This right of compelling obedience includes, under the theh existing must have known their circumstances, a right to make any necessary use of weapons; and this independently of § 124 of the Military Penal Code. In particular, the •rticular, disregarded the accused committed no breach of the law, when under such circumstances, icoa at a hot-water pipe; fi4t in order to avoid unnecessary bloodshed he did not make use of rifles and been credibly stated by. side-arms for the purpose of shooting or stabbing, but used the butt ends tdwiththefistandashe of the rifles against unruly prisoners. nose and eye with his -3 It is essential, however, that, in the use of physical force, whether by the accused offended r4 the use of weapons or without, a man in such a position should not exceed Penal Code. This case; ,;, the degree of force necessary to compel obedience. It has not been proved ent, which charges hini that the accused went beyond this limit. It seems quite clear that no serious wounds were inflicted, in spite of the use of weapons. evening committed any In order to enforce his authority in face of the united and deliberate i-ted by some witnesses ff ,[2 refusal of obedience, the accused first gave a perfectly proper order that )nfu i with events qf.. . small groups of 2 to 4 men should be brought into thefl dressing room and dea with later The P there compelled, partly by force, to change their clothes. Then he ordered .en divided into working: larger groups of prisoners, who were not only persisting in their disobedience, [othes were handed out but were encouraging each other to continue to disobey, to be driven into i the pit. the dressing room. Force, partly by the use of the butt-end of the rifle, was .L4 rightly employed against these obstinate men also. Further force was in English prisoners agreed part use only a few of them :: necessary to get the men, who had changed their clothes, out of the and partly because they dressing room and into the pit cage. - ier conduct of the war. As regards the incidents of 14th October, the evidence of the witnesses tober, only some of the shows that only in the case of the prisoner Baker is there any doubt whether ft, put in an appearance. t. the accused used or tolerated a greater amount of force than the in clothes, which had been subordination of the prisoners justified. Baker, as he himself states, vith them. Others had received a ‘blow with the butt-end of a rifle, not from the accused, but they had planned, they from a sentry. This was because, when ordered to get down from his bunk, mining clothing. There.;: ‘1 he did not do so quickly enough. When he did get down the accused then nedtheaccused through dealt him a further blow in the face. Owing to the confusion prevailing

. time, this matter does appear sufficiently for I gave their reasons. .. at that not to be elucidated the

. Court to hold that a punishable offence on the part of the accused has been under any . d to see that proved. .d himself in a difficult rders to change clothes, . In all the cases included in the indictment, which relate to ill-usage soners, the accused first in direct connection with the mutinous refusal to work on 14th October, tets before the prisoners’ (No. 1, 3 and 4 of the indictment and Nos. 1, 2 and 6 of the supplementary t he intended his orders indictment), the Senate has arrived at the decision to acquit the accused. ed in breaking the dis The same holds good as regards the kicks and blows alleged in the indict essf’’ when he arrested. ment (No. I., 1)., which relate to prisoners who have not been identified. ted heir disobedience These incidents appear to relate, not to the falling-in on 13th October, Lecontrary the prisoners but to the measures necessary for the enforcement of obedience on 14th [the like, that they were October. order to change their showed V. No further cases of violence on the part of accused against the ien the pickets of war him order to English prisoners placed under have been proved in relation and rifles. In to the month of October 1915. It cannot be established whether this, as ak the prisoners’ deter- back the defence maintains, is due to the prisoners being so overawed b y the he accused, thrown accused that they at first avoided further conflicts with him. The fact force to secure obedience was is that the prisoners, after their first resistance had been broken, took up n duty bound. He their work in the mine and that they subsequently executed it without

I.. hesitation,

ment Camp brought

made maintenance. or plaint tractor satisfactory liked might Above soup, proved, defects by was sentries. objection conditions (No. on spare against sonally been bility, Germany. intendence He He reported not no the Herne. in

properly showed cause, allow Doctor consequence isolated out sick time degrees, was they missed brought of there might much

the

the the VI. VII. doctors, duty proof

VIII.

must,

interpreted

work

of due

sufficient

II.,

particularly

and,

than

by by were

Dr.

himself and proved

were only

time about

by

be

amount which

could

at all

pure

about morning, fact

In of

the

fever only On arranged

English forward

were from

At

therefore, to

cases the

2

the

that to

carry

sick.

served Some could least

therefore, supervising Kraus That

which the

except he

sometimes if

obtaining black reality

of

not those

the

gangs and

that

of the whole

the

and

that That

his

disinclination prisoners their

with

of

accused,

still those was

the

their

(over even

energetically

against 4.0

he almost the

were

Camp,

That

support; other

sick,

of

out escape

his

this, general

the beginning be

of

so

The residence

prisoners,

prisoners pudding) the

so to prisoners became no had

knowingly indictment)

they

a,m.

told of due

with where be

lodging their the

varying

shift.

the Doctor

the

he he taken.

during

this food,

duties prisoners 37°

really them that food complaint

be to 20

the in hand,

accused

during

medical

sent

to

spitted

to which

has developed exactly

or

ordered

officers,

prisoners work. offences him, to

until

their

frequently

report

English C). and acquitted

the

employment food duty

accused

there

over

be

in so

prisoners,

was Thus

exceedingly

take his

in

this not

of as and

a in to to sick. who on during

of

to

diligence.

attended As

Directors

It 30

that the

own the were midnight done,

painful

prevented

November, at

full

the

difficulties work of go Camp

whom

endeavoured the war their the

work exertion

service in staff themselves not

This

has

that the

Doctor prisoners

maintenance.

a were the of

were committed

numerous the

examining

the

to

prisoners, mine

had early

any

a

country, This matter the

measure Miners’ at

barbed on

any accused

his

not committed have so more threw

the

state

same in

temperatures

prisoners, ration practice

22 who prisoners,

was

was

Commandant

beginning any

attack

he

signs found

this

prisoners’ way in

to

also

the

in

the of busy was or consulting been visited almost At

kind, days

Doctor in

sick

himself

mining,

already

been the going

comparatively 1915, strengthening

reported of time

of

inadequate

the the

even part as Society, wire

away the

prisoners accused to the suffered been

of and

no is pit

of

in

bad

prisoners.

on with

especially

fact,

proved of nervous

in

men the

became

either

welfare that

the

therefore

liver

Mine other

Camp execution November,

the justifiable

uninterruptedly inspection a who proved The

numerous

as who with tonsilitis. of prevented

to

against of

concerning consequence in

still

shown.

for

series food,

considered their

inducement

prevailing

the

or their great doctor,

from

the the

they

hours.

of

a Camp

of Dr. themselves very

no

was

reported

sausage lodging

both

had

that

concerning

and

concerning were required illness

the

condition

was excitement

all so

indictment

of

Camp. Doctor,

the serious

of and especially

vegetable

against

after

In

acquitted. rations, Kraus,

going

zeal

prisoners themselves

told

and

temperatures common

punishable seriously. the

small.

of the almost prisoners On

morning

the

the

in

inspec1ions

grounds

to induced,

Moreover,

complaints

under

particular

accused

1915,

This

his

besides their unreliable.

conditions

(which

to

at

order this

accused be to

prisoners, sick, more

of

to

the

boarding

doctor improvement want

to

to

of

duties. sick the who

to that

be

and

the fit remedy

as the

their

send

which took daily, the their

After

report accusalji0

whom

the

and lodging

(No. and

that

abundant

should which

shift. that

sick. who

for

for has reporting

is plentiful

although.

accused. fever, was

and

legalit

offences without lived

scarcity He

did

time testify

Doctor. and

there he

did

shown

super of

to meat, treat.. irrita

being

up which meat

II, work,

corn-

were.

some early often

been

have

con-

they per

only

was. had sick had

the less

the

not

his

By the not

no

He

for

or

in In.

be

in.

so

to 1.)

is - . . -

assaultedj

being

IX.

(d)

trea

(c)

(b)

(a)

at]

of sot

shc

th rec

of of. Cn of

an fre to

ab st

on

ro Oi rn fl€

li a1

H

w

rc

b.

h I,

II

e

1.j V

t I

‘1 23

IX. On the other hard the accused has, in the following instances, as inspections of the assaulted prisoners who maintained that they were sick or while they were themselves testily being treated temporarily him icerning the legality by acerning their treat I (a) On 8th November he ill-used the English prisoner Jones by lang their lodging or means of blows with the fist and kicks on the ground, alleging ed complaints being that he had reported sick but had been found fit by the Doctor. On this accusation. - (Case I, 6, of the indictment.) acquitted. (b) He struck the same man Jones in the face with his fist on 10th ‘le grounds for corn or 11th November because Jones, who had a swollen cheek, ging conditions were - declared that he had tooth-ache. It seems that Jones is the zeal to remedy the - prisoner referred to in I, 8 of the indictment, and also that it quired improvement. is Jones, who really is the prisoner mentioned in I, 9, of the )f the prisoners, per indictment where the name is given as Walter Farror. As the .d the boarding con- last-named had not been ill-treated, the accused is acquitted of especially their meat, the charge in I, 9, of ,the indictment. )ndition to which, no (c) At the beginning of November the English prisoner MeLaren rations, as has been• was in the sleeping room and the accused struck him with a the accused and his broom, because he remained in bed on account of alleged g and more plentiful sickness (Case I, 10, of the indictment). ailing at that time j (d) The English prisoner Cross suffered from abscesses in the lower after the abundant had ordered is shown. part of the leg. Some days previously the Doctor serious want given him. On November 15 Cross vegetable and meat that poultices should be was less went to the accused to get bound up and seemed clumsy while asage (which he was being bandaged. The accused in consequence got very fr Can excited and hit him with his fist. Cross fell from his stool. As he of p . .shable offences lay upon the ground the accused kicked him: As a result of his against the accused. ‘-.. ill-treatment by the accused Cross became unable to contain ry seriously. He was. himself; perhaps he also passed excrement. Later—not on the tuptedly and did not following day as accused in the indictment (I, 12; compare tis. Moreover, he had I, 11)—the accused ordered that on this account Cross should and unreliable. By’ : be given a bath. Thereupon Cross was brought into the bath axcitement and irrita room, and, after his clothes had been taken off, was placed on of his duties. under the shower. He struggled and cried out loudly, and, again shower. ber, 1915, which have when he wanted to get away he was put under the t prisoners who had -Iow long Cross was kept under the shower cannot be estab was under the super lished with certainty. Such statements about time are usually Kraus, who lived in apt to be incorrect, and in addition to this, the memory of wit daily, early nesses on this, as on many other points in regard to the charges, nip almost can be no ernselves sick without. has naturally and obviously become vague. There shift. In. question of this shower bath having continued for an hour or the morning whole proceeding in the toement to report sick more; it is more likely that the bath After some room (as has been stated by the English prisoner Burrage) took ly small.. has heard the definite quence of the scarcity’ only a few minutes. Further, the Court sick, should be’ statements of Machine-Inspector Horstmann, who knew all ported of shower and his evidence urs. This took up so about the mechanical working the tion to be fit for work, disproves the charge that the accused subjected Cross repeatedly although. to sudden changes of cold and warm water; the structural .vere induced, not permit such sudden and .tor, in order that they arrangements of the shower would often frequent changes. The ill-usage treatment in regard to Cross so common that to the blows and kicks when Dc r, of whom only of which accused is guilty is limited showed the sores on his leg. With reference to the charge >oth .e doctor and for’ Cross send to the of having in addition ill-treated him in the bath-room (No. I, 12, ‘as told to It is also untrue tidered to be sick. He of the indictment) he is therefore acquitted. Cross became insane as a result of the treatment that he reporting ‘ -. that all prisoners have admitted, Cross had previously illness besides fever, to received. As his comrades 1i which shown signs of mental derangement. When these signs became iad temperatures to which he had been ;hat the accused did not more apparent after the ill-treatment there is subjected, hewas immediately sent to the Doctor at the instance In particular sent him back to the main Camp m going to the Doctor. of the accused and the Doctor indictment (No. II, 1.) at lWunster. I on ill-treatment the XI. X. (b) (a)

(c) (d) (a) (b) (4) Iii (i) (h) (g) U) following

(e) Apart No. of prisoners No addition the able of this struck He that accused at the about of McDonald in boxed Once used again. knocked On Refreshment The side-arm. to ill-treated angry I, In a the Similarly of the alleged About of received mentary his In On used account him Briers reported The In blow 7, the alleged the of No. work the one the November is November indictment) sufficient I, from the November 13th blow accused hand Camp. accused of this to prisoner a accused his English a when alleged having at 14, indictment.) indictment), charges him his supplementary the stick supplementary the in and I, same sickness. Immediately blow with establish and the on Evans of their Jones November, was the fist was a indictment.) himself 23, sickness. about of when by the ears. indictment.) the (Case same with account alleged blow the the has used evidence the A because been given the his day Room. brushed cases and of to prisoners with evidence done ill-treated the Abel the flight, :— the same down ill-treaiment (No. few not out same the prisoner Brooks this have a time indictment 7 accused, hand sick in (Case at a that prisoners accused It struck his broom of accused sickness. with intentionally already his stick received been and of of I, the indictment. In days sick Jones, has on ill-treated way, with time, the he has rifle-butt. (Case It time. him indictment.) the indictment.) dragged 21, bed alleged and he fist, his by has I, a their reported This face the the proved. has had parade not by or 24 Gartland supplementary of proved stick. or because afterwards English 19, hit his because was the on evidence when also mentioned on the also McDonald I, the a some been because were stick. of English a been not unnamed case ot That return from ( the piece fist of the 15, sickness. his accused the ill-treated blow them indictment), English both ill-treated the 73, and struck he the the (Case been miner sick. According is (Case of gone i]l-treated and one adduced English arm. prison.er proved way the prisoner the Briers complained of the was Jones Penal English the the Carter got indictment.) in prisoner from following prisoners they morning then thç rubber and adequately accused :— I, prisoners I, to to accused’s same in the him prisoner lying accused, indictment). (Case indictment.) The The excited 13, 18, that the prisoner himself or the remained work accused Code.) the the Ford were Birch to kicked detention Jones had prisoner Withers to of by with of as accused that tubing. accused there mine Carter latrine, 3 he the English prove on further the on was to accused the that the of on was about Without brought who mentioned Gartland fist. escaped had has his this this (No. indictment.) proved the the is indictment.) (Case him.. Brooks the the on account accused. account committed dealt in (No. McDonald struck acquitted. by gave that was cell. sheathed. not not met thought occasion occasiou cases account accused accused accused prisoner it. I, (Case supple.. (Case bed in giving. I, I, (Case cause from back 5, with been very gone that with hini wa the the the 22, He He 16, by in on of of of of 4

:*! 1 Z; ‘. : ;• : the thus and that duties his of He Western mandant and and On Front But of He became bears This following carrying there of ‘to but :l2i (No. expressi( suborcJjr ment ifltimjcja prisoner been On has ance with reportin separat The intentio as There the lJcDon I, Gothar sentries the Penal These under Herne conduc the strengt the was lodgin was 5th the Apart xv.] place on aftep he XIV. appr No. XII] the hold In that beei 13); an wer prh pin III XI] aal prc ar Mi ha ye or Pa ca: (I, A: hi 17 re p e F a a I ( ed rs nl tones ‘,‘as er gush ccused he Lndictment.) [, ed 1 enal in mplained ‘rom allowing sh -treated ‘y norning rubber rer ‘ter ording soner e • duced ot

trnent), isoner they

accused’s

then prisoners ated indictment). to

(Case

adequately to

him I, and

prisoner

ft

same

18, The

in

ir”tment.)

the prisoner remained

The

the that excited

accused, prisoners

work 13, lying

Ford the

had

the

prisoner

the of

Code.) kicked himself

or were Birch

with

Carter

accused

detention

of tubing.

3 ccused

English to as

Jones to

on

the

accused

on Withers latrine, he

by mine

further

that without

the of

there

was on

accused

that

to

was fist.

Gartland the

prove this

about

had this

indictment.>

Brooks

his

brought

the who

the

escaped

proved indictment.) in him.. mentioned

account the

by has

McDonald.

(No. the

(Case

is

struck

the

dealt

account

gave

occasion committed on

prisoner’ sheathed

not

occasion

accused.

met bed

supple

(Case

thought acquitted cases was (No. cell.

(Case

giving-.

it.

accused

accused that not

cause

in

account

accused

I,

with

gone (Case

I, with

him was

from that

back

very

by the

I,

5, the

He been

of

of 4

He

5

16,

the

22,

of

of

in - -

it -‘

: i- ‘:

• -‘

-the -the -the -under On

separate McDonald Herne These ance as Penal Gothard There prisoners, intention ment (I, reporting

-121 -there to with intimidate has -carrying subordinates been

but ‘On following of became bears and expression the and This He Western thus that (No. But of

mandant and Front

He his

duties of

No.

the

XII. 13)

the

the

In

the XIII.

prisoner sentries

XIV. XV.

Apart prisoner

was year

5th

been

was strength

conduct

that lodging

afterwards

or

on

proved.

having III holds appreciation placed

he

Code.

an (I, are Par.

; constitute him. are all he

Military

contrary,

7 prisoner and

were

cases

excitement,

April,

removed

Carter

The

17th

(I,

In had especially crimes of

excellent

known 17) out Front. of

1915.

deliberately

discovered. two sick these of he Th Apart

considerations

of from whose

three

(No.

1,

the the

during

good was “Englischer

McDonald

the 2

deciding

in the Jones

ill-treating

charges,

the rendered There In

of thrown

accused his

contrary also

and

April, 55,

had

of

of

further without

1916,

But

evidence

an (I,

Penal

the

Supplement).

4);

the

Parry prisoners, fifteen

he indictment)

which one his inadequate

prisoners

ill-treating While from the

duties.

cases

Prisoners’ from in

No.

offences

especially He

names

abilities.

applied and

no

15) extremely

the

won his (I, have of indefatigable

English

conduct

especially

offences he

and

higher

1918,

case indictment)

earned the

stones

or

2, is, adequate

Code ;

cases assaulted

his to these blameless 6—8).

his much

(No. and

That conduct, any years

in

was

are cases

he

Briers

back

Military

that

the

has therefore,

been

cannot

Ford

measure Schweinhund” the into

This

command

against he

entrusted which

he

such

superiors. was

at

was

and punishable sentenced

Camp or

regarding p:isoners. in 8

the

both quarters, in

prisoners at

he

cases The who prisoners

of

more

difficult proved regulations

the he

1916—1918 is by was

the of

offences

account:

any

is when

all (I, regard

(No. There

the

which instruction

wished §74 none

English

guilty distinction which Commandant expression

hit the

character,

an a

be

as

the Penal ;

evidence

these Senate cannot as same

18)

promoted at

of §122

loyal

apparent of

found difficult,

McLaren

prisoner 25 5).

of

offence regards as one

to

ascertained.

he

regards Supplement)

punishment

Herne,

that

position,

are ;

ill-treatment,

by accused

the

to

the

respectively

namely, he the

of placed

soon was

He him.

LittJe

time of cases

Brooks (74

to

Code. was

performance he of

There prisoners

Par.

a his

and

be has three

(“

which guilty

is

prisoner

making less

Imperial

the

hit

Court-Martial,

the has

both

again

apparently

of took in

against

to

as

concerned English especially

the now

Penal

Sergeant. the

reason.

there more later

was

quality

Briers

(I,

Above

constitutes

found as

the

1, under

the

his his

insulted a

two of

is other a accused

conclusively (No.

further

on

as

in

prisoner arrangements

his

position

he 10)

55

parc

due found

a

continuous

the

the Iron reported offences

term as

of duties

closely

prisoners,

No

a was

illegal as

Gartland

fifteen Code).

further

26th

§121.

the

other Penal

and

failings

No. now ; 3

citizen all the

pig-dog and two

him war

already to

of regards -

Senate

in of

Cross

at Prisoners’

reason

with

also intended Cross

cases

it

When

subordinates momentary of guilty, accused

not

his

the

also

the accused 2

which an

Birch

and

stands

the

November, prisoners

number.

partly

Par. who

has

use has

identified.

prisoners Code.

cases against

military

of

and

offence

No

duties no himself -

can

offence men shown

Supplement)

only

(I,

of

(I,

battles

as in “) has

the

beginning, stated at

treatment

to

that

the

of for

been

he

were

for

lack 1,

the

the (No.

as

continuous was relating

relation

be

11) the

19, in

to on

be

is two

convicted.

who 55, prisoners weapons.

taken

Camp was

guilty

prisoners

used a

Military

the so boarding

charged

his

excused, has against warn II

account relation

that accu,sed

realized as ;

annoy

He service. against

soldier. of placed

beyond found.

indict

of I,

at

above,

on

No.

doing

other

Abel

while

class,

were

Corn 1915.

Thus

trust

well

zeal.

16).

staff

war not

was

the the

the

the

to at

to

his

of

by

or

of

2, 26

for cri yet they can be explained to a large extent by the unstintmg way in which he devoted his energetic personality to his appointed task. In carrying Milita: out his duties he spared himself least of all. He developed a state of irrita bility and- excitement, which almost amounted to an illness, and this mre and more undermined his self-control. This is shown clearly by the in creasing number of offences towards the end of his period of command. no question of For all that, there can be detention in a Fortress in - view of the nature of his offences, especially those committed againstprisoners who were undoubtedly sick. On the contrary a sentence of imprisomsent must be passed so far as Crimes against §122, 55, No. 2 of the Military - Penal Code are concerned. -

The ill-treatment of the prisoner Cross is considered to be the gravest - -

case. For that there must be a punishment of 3 months’ imprisonment. - For each of the other cases of ill-treatment there must be 2 months’ imprison..

ment. For the offence of throwing stones at prisoners there must be a•• - -. sentence of three days medium arrest and for each case of insulting - - . - prisoners a sentence of a week’s light arrest. In accordance with the The ac subord terms of §54 of the Military Penal Code and of §74 of the Imperial Code a. -. in One comprehensive sentence has to be passed to include these separate sentences. - contrai The period of detention during the enquiry will be counted as part of the - instanc term of imprisonment now ordered; this is in accordance with §60 of the• - Imperial Penal Code. The The decision of the Court as to the costs is based upon §497 et seq. has be( the cha “St. P.O.” (Criminal Procedure Rules) in conjunction with §4 of the - Law of 24th March, 1920 (Imperial Code I.S. 341). the Im The (Signed) SCHMIDT, connect SABARTH, of the DR. PAUL, SCHULTZ, KLEINE, HAGEMANN, DR. VOGT. In i’ commax The present copy agrees with the original document. In this (Signed by) a camp The Clerk of the Court of the Second Criminal put in 0: Senate of the Imperial Court of Justice. of No. the Can (SEAL OF COURT). BORCHARD. it. No of the supervis troops r the regu

was the 1 APPENDIX III. The Con In the C only bui [Translation.] no choio JUDGMENT IN THE CASE OF EMIL MULLER. The a 1918, thx he was g. b.J. /20 left the ( IX. 1087/21. The C OF THE so-called IN THE NAME EMPIRE. Camp fo In the criminal case against Emil Muller, barrister, and Captain’i in a wret -.-.‘-.-- the Reserve (retired), of , born on 24 July, 1877, in district ii

— --

red

lance Ise tch e lion vn

ly, ners ionths’ itted stinting

rister, CHARD. the .ction No.

IRE. f d

ed ence

illness,

ourt ounted

eriod oped

accordance

MY

the

2

task.

separate

clearly

upon

1877,

Second months’

to

case

2

in

there

of

against

of

a

Imperial

with

of

with

of

tER.

be

and

imprisonment.

state

and

imprisonment

a

as

justice.

way

command.

the

in

§497

In

of

the

Fortress

part

by

must

§60

Criminal.

sentences.

this

Mannheim,.

Captainiit

imprison

§4

prisoners

with

in

insulting

of

carrying

Military

gravest

the

Code

irrita

which

of

of

€1

of

more

be

seq.

the

the

the

in

the

in

a

a

in

district

left

Camp

so-called

he

was

only

1918, no

The

In

troops

the

the

supervising

of

it.

put

of

a

In

commanded

connected the

of

the

has

instances.

The

in

subordinates

contrary

Military

for

a

camp

was

The

The

choice

the

the

No.

this

the

the

In

the

The one

regulation

wretched The

Camp, in

No

Company

charges,

Imperial

accused

been

buildings crimes

that

for

order

March,

given

accused

immediately

Camp

Camp requisitioned

Camp

Company

business

I after as

accused.

as

capacity

Commandant

costs

for

instance;

March Imperial

of

the

Company,

to

Penal

the

passed, Clerk

is

officials

with

and

their

English

other

by

and

On

part

a

the

leave, is

the

oral

to

on

of

had

temporary

there

on

condition.

in

Exchequer. The

Risch,

Counsel

1918, Second

The sitting

Kleine,

Justices,

Commanders

sentenced

of

held

the

in

took

the

the

the

of which

say,

Code

offensive,

of

he

regulations;

offences

II

5th

nine

prisoners, evidence.

as

this

Commanders

buildings.

shortly are

the

the

Exchequer

of

the

Battalion.

President

as

for

proceedings

this

REASONS

first-mentioned

were was,

remaining

Company Oberreichsanwalt,

the

prisoners

behind

but

up

for

Judges,

May

official,

the

for

and

held

of

imposed

he

Commander

Criminal

instances

of

work

neighbourhood. the

Court, Hagemann,

having

Dr.

its

position

accused,

the

a

in

to

the

each

needed

reception

Pnblic

against

outside

barracks

section

It

before

and

and

period

in

accused

quarters

and the

six

the

took

Camp

Sabarth,

lay

itself

Public

of

public

of

is

and

of

charges

Company

never

upon

He

months’

in

dealt

had

By

Senate

OF

beginning

consisted the

in

;

from

fighting

Prosecutor’s

treatment

war

in

also

been

the

sections

74

who

respect

work.

of over

of

for

shared

for

or

as

and

arranging,

of

cases, has

a RIGHT.

THE

of

previously

Prosecutor’s

Senate,

with

the

about the

on

returned.

27

Gelsenkirchen

at

with

the

a

to

marshy

settling

Dr.

taken was having

German

having

he

the

of

a

whole

Dr.

imprisopment

other

been

The Flavy-le-Martel,

30

Battalion

line,

took

accused,

of

bear

beginning

these

Camp

the

They

including is

the

solely DECISION.

122,

of

Imperial

then

Paul,

subordinates

for

five

May,

the

acquitted.

Dr.

Ebermayer

from

April,

Department,

Company acquitted,

prisoners

insulted

day

was

and

buildings.

where tolerated

Imperial

the

over

the

neurosis

143,

prisoners

duties

charges,

been

weeks.

had

a

which

Schmidt,

in

Department,

Backs,

1921,

Captain

the

and

appointed.

by

and

hours

completely

whole

of

placed

the 55,

Penal

a

Landsturm

housing,

nothing

everything

used

with

April for

day,

separate

subordinates

English

of

was

those

59,

at

of

necessary

Court

of

Commanders

are for

such

in

On

of

his

of

which

having

Dr.

and

Code,

of and

These

which

war

the

in

in

the

to

by

1,

until

which

found

four

war. labour.

imposed

subordinates.

the

the

in

the

command

feeding

ill-treatment

121,

to

provide

Schultz,

of

the

heart.

devastated

commander

them

assigned

during

I Lingemann,

The

portion

c!flsflSJ$ar.

was

Battalion.

Ir

respect

ill-treated

there

were

5th

was

4th

instances

Justice

do

expenses

expenses

sentence

empty.

Imperial

7,

It

duties

in

May,

being

as

May

with

upon of

This

still

was

had

and

the

the

the

He

two

took

Dr.

to

of

of

the

a

of at 28

in constant movement. During the time the English had been in posses.. Thus sion of it, it was unfit for human occupation. The witness Roeder who nea of many aI] at that time and indeed at the end January and beginning of Februai,, - 1918, had taken part in the war on the English side, and had often the time cox in there as interpreter, gave reliable evidence that the accommodation had isolat( been defective in the extreme. In the two residential barracks, which after the together afforded room for some 300 prisoners only, double that number of the pr had been quartered. These barracks had a muddy, unboarded floor many mc There were no beds, but only some rotten wood-wool, which was infected : dysenter with vermin. Windows and roofing were leaky. There were but two 3departur( small so-called trench stoves so that the German prisoners had suffered But r from the cold in winter. The latrines were as primitive and unwholesome wretched as can be imagined. There was a complete absence of sanitary arrange perceived ments, and also almost a complete absence of facilities for cooking and- That in t washing as well as of rugs. As a consequence of all this, numerous .. - intestinal which we prisoners had become sick with influenza and troubles, especially not possii with dysentery. Many had died. All had complained of the plague of : : camps dc lice. Even the English guard had suffered heavily. An English doctor accused had endeavoured in vain to remove these defects. d laid the I in, this -•. The accused found the Camp precisely condition, and had (when a c do his best with it. The position was rendered more difficult for him- relatively because he was obliged to quarter over 1,000 men in the barracks as fresh but also prisoners were constantly arriving. Further, all the wells round about He has th were ruined. The food allotted was insufficient, and during the first officer, WI] days he had no medical assistance. Finally he was obliged to detail daily him and’ very many men for heavy outside work, and the prisoners were already the Comir in a quite exhausted condition when they came under him. They were particular inadequately equipped with uniforms on arrival, as also with under.. played th( clothes, rugs and so on. The accused at once set energetically to work -- - torious md to effect an improvement. On the one hand he sent many memoranda- endeavour to his superiors emphatically demanding delivery of supplies in order to draw an attempi their attention to the conditions, and he made pressing demands for what from dyser was wanting (his report of 20th April, 1918, particularly is worthy of notice), epidemic. and by urgent representations, both verbal and in writing, he in fact of his Comi obtained many things. For example, medical assistance was allotted to prisoners u him as early as the third day. Furthermore, he himself took in hand and was a the improvement of the Camp as far as was possible. He formed a working the Camp v party from what labour was left in the Camp. He had wells sunk, stoves already ver installed, proper latrin,es laid out, cooking and washing places provided, These troul and he fought the plague of lice first by the means of powder and finally it - . was on th by getting a disinfecting station set up. He also succeeded in getting . fresh quarte some improvement in the food, and occasionally he got the outside work -. on any larg made easier. On one occasion he procured soap as well as extra food -:-- and luxuries from Belgium. On another he managed to get hold of some So fat, t clothing which was not intended for his men at. all. Several times he .;- Flavy-le-Ma procured some horse-flesh, and he detailed those prisoners, who were -1 any blame, particularly weak, for duty in the kitchens and bakeries where they could carried out] get more food. He showed thereby that he had sympathy with his cannot be sa prisoners and that he was not insensible to their real needs. or his meth< In spite of all this the position of the prisoners became continuously and his natu worse. Food remained insufficient. (The causes of this lay in the shortage with a seric of nourishing food prevailing at that time owing to the blockade.) The commit a s€ strength of the prisoners had not grown equal to the strenuous outside official dutie

. justified work. This work was necessitated by the fighting and, in determining it, ;. by the accused had in general no influence. Most of the prisoners grew weaker hard and ov and weaker and they often collapsed at their work or on the march to least Contrar their place of work as well as at the roll-calls in Camp. Furthermore, it was as suc] infectious diseases broke out in the shelters, which were already overrun. them more ii with lice and infected with germs of disease. The prisoners did not keep those of the themselves clean and were unable to change either uniform or under- this standarc of his clothing. At first there was not any sufficient quantity of disinfectant - ill-trea staff to treat 1

..,

uantity keries

ie shing t lamed :inal cilities ice de, ae lish

her h e ed •istance irly 3sing supplies in ‘ool, uddy, ly,

s inder s ]tjve •

sent Ly. lential i

to s

ad

rk e o he

the

thh

pri

in

and,

more

real

prisoners

all.

beginning

had of

as condition,

prisoners

the

himself obled

prisoners

Camp.

of energetically

were and

became

got

as

There

succeeded

the

He

witness

prisoners,

tfl-.

of

double

or accommodation

and

to is

writing,

sympathy

had

well

uniform

all

which

powder

An

wells troubles,

many

demands

needs. wells

in strenuous

also

worthy and

him.

formed

sanitary

the

Several barracks

where

on

unboarded

get

of

difficult

places

•T

,rs

during

blockade.)

for

barracks,

already

in

was

had

this,

of

determining

in

English

been

were

to

as

took

the

the

Furthermore,

order

unwholesome

were

hold outside

continuously

did round

that

Roeder,

with

the had

disinfectant of

was

sunk, cooking

grew

memoranda

and

detail

and

often

allotted

extra

They

he

they

in

of

who

or

a

February,

numerous

in

provided, plague

especially

march

times

not

for

the

with

shortage

but

arrange

in

to

working

infected

as

of f,or

overrun.

suffered

to

already

notice). number

outside

in

getting

weaker

had

posses

under

under

finally

doctor

stoves

which

about

could

what

hand floor.

work

work draw fresh

some daily

come

were

were

keep

food

first

who

fact

hini

The

two

and had

his

he

to it,

to

to

of

staff

of this

those them it

least

hard

justified

official

commit

with and

cannot

or

any

carried

Flavy-le-Martel

on fresh

it

already

These

the

and

prisoners

of

epidemic. from

an

torious

endeavoured

played him

the

particular.

officer,

was

He

camps

but

laid

relatively

accused

his (when

That perceived

not which

wretched

many

departure dysentery

after

of

in

the

was

many

his

Thus

So

any

his

to

standard

his

attempt

blame,

Camp

and

contrary

has the

more

a

was But

isolated

ill-treating

of

quarters,

Commander possible

as

also

and

ihe

treat

time

methods

dysentery

fat,

on

troubles

be

duties

command

out in

the

serious

natural

a

large

nearly

by

a

the

such very

were

industry.

these more

close

who

the

prisoners also

over-severe,

this

said

not

under

did

series

this

no

foundations,

quieter

was

like

the

therefore,

who

aggravation

his

departure

but

them

of

the

the

well-equipped

It

of

at

convict

reputation

is

his

that account

prevalent

scale.

It

always from

to at

but responsibility

in

beyond

cases

about

the

an

died

attributable,

behind

all

characteristics

has

respect

a

in

the

duties

medical

convicts

condition were,

tendency

of that

always

it

are

danger

said

circumstances.

of

that

him

good

prisoners

step

regulations. cannot

were

in

conduct

at

a

astonishing

the

should

he

English

maintaining

period

of

also

had

accused.

been

from

similar

intestinal

In

the

excesses,

concerned,

the and

the time

prison

however,

and

as to

ought time

which

the

of

prisoners

sometimes carried

that

deserves

time

then

both

the

particular

he

maintained

in

to

same

whereby

of

inspectors of

as

the

of

camp

the

way

or

conclusively

be

have

it.

then

be

for

would came

that

of good

could

Battalion,

attained

be

the

steps

by to

had

having

battle

the

well

prisoners’

condition.

to

inmates

to

still

to

accused

him

at

disputed

placed

or

general

of

manner.

an

in

nervous

take

through In

which

transferred

amount

catarrh.

and

get

hitting

conditions.

there

have He

it

dysentery.

this

high

that

universal

been

been

the

criminal suffered

order.

time

which

such as

along)

any

could

impetuous

sporadic;

the

not

have

even

and

His

he

in

spread

the

zone.

been

treated

adequate

lice,

that

repeatedly

accused

took good but

on time

regarded

of

praise.

in

constituted was

cannot

Camp

rampant

the

and

conditions

be

kind

considerable,

like

Maj

attitude

also

proved camp.

and

camp

not

he

that

been

brutal,

the

overstrain)

towards

Insults

It

penitentiaries.

such 29

record

this

It

ulcers

an to

little

Finally

in

tolerated.

law.

in

place

would

treated only

Nevertheless,

rapidly.

or had

course

is

order. into

reasonably

institutions, was

a

hi

kicking

them

tasks

rests

able,

As

itself

this

and there

hopeless.

The

the

as

true

camp

free

must

a

be

care

great

v.

On

his

that

and

manner

was

Later,

done

that

there,

and

were

one the

has

immediate

acknowledged

towards

Camp

precisely

shortly

These

reproached

have

Camps improving

Bomsdorf,

rigorous

in

fromepidemics.

capacity

dysentery,

that

the

neighbouring

not

energetic

a

the

upon

prisoners, of of

the

which

was

could

not

extent

in

that

been

case’

His interior

them.

due

a

during

breach

the

the

the

hurled

but

everything

This

The

the

prisoners

other

as general broke

be

been

other

not

number

intestinal

Commandant

that

only

no

excesses

The

before

of

troops’

the

to

His zeal prisoners’

although

immediate

of

in

the stated

prompted

subordinates,

taken

be

were

not

owing

action

succeeding

Court

from

epidemic

question

that

only

superiors.

the

at

he

death the

and

scarcely

He

hand,

not

a to

his

a

cases

cases

with

converted out

but confirms

be

methods

accused

with

which

prisoners

loss

large the

until

short

-imposed

this

his

Stendal,

of

for

showed

individually

allowed

whole

lice

circumstances

above,

acquitted

Company and

district,

camp

conscientious

to

only his

again,

he

to

cannot catarrh

has

(combined

prisoners not

among

it

deaths

of

the

which

of

providing

even

departure

prevent

camp

Any

proportion

his

treated

and

to

him

prisoners’

of

already

possible

was superior.

superiors

developed

after

time

sickness

heard

vigour.

of

he

for,

having months

this

were

period

and

same

a

It

he

be

and

into

was

at

zeal

meri

his

his upon

such

where

ulcers,

and

on

was

be

real

at

to

he

the

dis

from

at

of was

had

this

the

in

first

so.

the

in

he

it.

a in 30 and there was other ill-treatment which was contrary to the regulations. the acc He habitually struck them when he was on horseback, using a riding cane The mai or a walking stick; several prisoners have stated that they were struck Stiles). with a riding whip, but this must be a mistake as the accused did not The’ possess one. They hi detail the following instances are held proved April at• In on their I. Ill-tyeaimevi. of this t According evidence of the witness Lovegrove the accused had beer 1. to the this tjm( when on horue-back struck the prisoner Millsom across the shoulders with out his riding cane. Roll-call was being taken and Milisom marched past thest slackly and had a pipe in his mouth. Millsom himself is no longer alive. _: 6. H became i 2 and 3. In at least two cases the accused ordered prisoners to be to posts. In the first case, which he himself admits, this was done by the s bound “1 work an3 to a man whom he suspected of having been ringleader in an intended mutiny. The accused asserts that he made this man stand for about and Bat( The acci 10 minutes and ordered all the others to march past him; this being intended as a warning to the others. It has not been possible to establish malinger the details of this incident. The fact remains, however, that, as the witness 7&8 Thornton has said, there never was any question of a mutiny, but only an who wer arrangement to make a joint complaint, in the first place to the accused The accu himself, and if opportunity arose to his superiors. The accused had found in the te: this out by questioning the prisoners concerned through an interpreter. This, hca The Court cannot accept that he seriously believed from what he heard to him. that a mutiny was intended. 9. Th The accused admits that there may have been a second case of tying was ridin a prisoner to a post, but he will not call it to mind more precisely. It He struci remains doubtful whether this second occasion related to a man who had an absces, stolen some oats (Witness Ray) or to one of the prisoners who evaded work foreseen t (witness non-commissioned officers Biela, Rose, Ellis, Neims and Sharp). But the b It is possible that there were several such incidents as the several descrip In gen tions vary a good deal from each other. But only one case can, however, discipline, be held to be proved. Biela has given evidence that in this case, the will not a accused ordered the prisoners to be tied up for three days, two hours each it would I day, and that the accused himself showed Biela how it was to be done. any lengt Biela then modified the severity of the punishment, entirely on his own understan accord, and omitted the third day’s tying up altogether. there were It has not been established that in these cases the accused either neverthele ordered or allowed that these prisoners should be so tied up that they were by means compelled to gaze continuously in the sun. If anything of the kind actually Three j took place, it may have been because the non-commissioned officers or ment) coir soldiers who carried out the order acted on their own responsibility; there lations; Sc is no proof that the accused had any knowledge of it. However, even is not pro without this inhuman method of carrying out the order, the tying up in his face remains a very severe measure which cannot be justified in any way. This of this, bu form of service punishment was done away with by an Imperial decree ii He has shc of 20th May, 1917, and certain remarks of the accused seem to show that the accoun this decree, which had been duly published and was much discussed, was ings. For not unknown to him. He probably ordered this tying up, not so much as burial of a a punishment but rather as a means of securing order generally and of the dead n putting a stop to insubordination. Of this, however, so far as the Court untrue. V can see, there was no reasonable fear, and the employment of this severe in the cam measure cannot be considered otherwise than as a case of ill-treatment lutely prop under the conditions then obtaining. had ordere 4. On one occasion the accused struck, apparently only with his hand, the ipterpreter Sacof, because this man reported to him a complaint of another man who was asking for more bread. Here or 5. The accused while on horseback struck a prisoner who was suffering kLoved in t from a bad . At roll-call this prisoner had raised his leg to show it to by Sergean 31

the accused, but the accused hit him across his leg witl his riding cane. to the regulations. The man cried out, fell down and had to be carried into barracks (witness ising a riding cane Stiles). they were struck .e accused did not The witness Drewcock gave evidence as to further cases of ill-treatment. They happened in a tent-camp which was put up about the middle of’ April at the Railway Station and was intended for use by prisoners wb were on their way elsewhere. The accused was not appointed Commandant of this tent-camp, but the supervision of the prisoners’ maintenance there had been transferred to him. He undoubtedly had duties there and during grove the accused this time he had authority over the prisoners in the Camp. In carrying the shoulders with out these duties som marched past 6. He thrashed the prisoner walking-stick. This malf s no longer alive. Batey with his became ill while at work outside the camp and, although violently attacked ed prisoners to be by the sentries who did not believe in his inability to work,-ihe refused t> iiits, this was done work any further. The sentries reported him to the accused on their return- ler in an intended and Batey repeated that he was ill and emphatically asked for a doctor. n stand for about The accused got furious over this, as he thought that Batey was a- t him; this being malingerer; he then belaboured him in the manner already stated. )ossible to est3blish that, as the witness 7 & 8. In two cases at least the accused struck with his stick prisoners mitiny, but only an who were asking for improved conditions, particularly for more food. ace to the accused The accused excuses himself for doing this by stating that the prisoners accused had found in the tent-camp had frequently obtained double rations surreptitiously. ugh an interpreter. This, however, cannot justify his violence against prisoners making requests’ om what he heard to him. 9. The accused once struck Drewcock at roll-call when he (the accused) con ,ase of tying was riding in amongst the prisoners, who did not at once give way to him. more precisely. It He struck him across his wounded knee with his riding cane so hard that man who had an abscess developed and later had to be cut. The accused could not have- to a foreseen this, for the wounds on Drewcock’s knee were not visible him.. rs who evaded work to Nehns and Sharp). But the blow must have been a heavy one. the several descrip In general the accused has admitted that it was his practice to enforce’ case can, however, discipline, in cases of irregular behaviour by means of light blows. He’ t in this case, the will not as a rule tax his memory about the details. He explains, however, ays, two hours each it would have been impossible to attain rigid discipline if he had tolerated’ it was to be done. any lengthy explanations, especially as he and the prisoners could not entirely on his own understand each other’s language. There may- be some truth in this and ;her. there were no doubt serious difficulties in commanding such a camp. But accused either nevertheless the accused never had any right to get over these difficulties: the by means of endless acts of violence. d up that they were of the kind actually Three further similar cases (namely those under 1, 2 and 5 of the indict missioned officers or ment) come under the heading of treating prisoners contrary to the regu esponsibilify; there lations; see under IV, 1 to S later. The charge under I, 4, of the indictment it. However, even is not proved. The accused is alleged to have struck the witness Lawrence’ rder, the tying up in his face with the handle of a riding whip. Lawrence alone gives evidence- ul in any way. This of this, but Lawrence has not impressed the Court ‘as a credible ‘witness. an Imperial decree He has shown strong animosity, he has exaggerated everything far beyond I seem to show that the accounts of the other witnesses and he has told of monstrous happen much discussed, was ings. For example he asserts that he saw the accused dismount at the- up, not so much as burial of a prisoner, get down into the open grave and snatch away from. ler p -erally and of the dead man the rug in which he was shrouded. This is demonstrably- so as the Court untrue. While the accused was at the camp one burial only took place’ yment of this severe in the camp and this by orders of the accused was conducted in an abso— case of ill-treatment lutely proper manner. The corpse was placed in a coffin and the accused had ordered a wreath to decorate it. only with his hand, H. Toleration of ill-treatment by .Subordinates. him a complaint of Here only one instance has been proved with certainty. A prisoner suffering thoved in the ranks while at evening roll-call. He was harshly rebuked ier who was by Sergeant-Major Schubert. The accused saw the incident and called- his leg to show it to Out to instance: his and assumed quickly. standing butt-end treatment, place abused no which of to (section This spoke to cause pig)’ were There mission first accused concerned they for consequence once’saw This to in real, or of Code. mediately ranks contrary did and fore prisoner the as all and’of He particular roll-call be ‘hurt On’ fist. the The case painful. soffiething be the such 1. 2. the soon 3. in “ thought prisoners. instance however not in fro. is to could but wounding before ‘(or both According was are the While by The any washed of indictment. and not making sick a to witnesses 143 English amount of the is that The insults close turn right of dirty two Lovegrove that as the

IV. words to A This other .no different. said one ‘leave even obeyed. a them not knowingly construed the case same threatened Military his contrary men, Clearly, the individuals. of sentry prisoner this he prisoner ear regulations, the Lovegrove is the to recumbent reason by, his morning he without condition: to this the stand

Treatment to also, by (I, prisoners if to too rifle, hand and accused it appeared Schubert and to to the to was holds only as accused have whose man it head laugh Peace national 5, come prisoners is that that doctor’s the one guard vague It however, was There despite also ranks Penal of to certainly Lovegrove up “Englishmen The to not as perhaps a was who his permitting is wished any got and had the the suitable sufficiently, insult statement good offence he regulations. a before sickness at from not himself effect). either sick not and

of of guilt concerned namely, clear who But accused “Away then at case to was at was angry is at Code) was indictment.) prisoners this. feeling hit intention intestinal

Subordinates some attentive. the clear orders. least done be men a about

III. in to an roll-call roll-call, the men Sacof thereupon because thinks is the him driving of noticed whether carried in possibility seriously was against way each indictment, regarded was seciire he not officer and These can ill-treatment, German with this But that a witness lying tolerated said on merely witness 32 of and In “

Insults. and so filthy then, the apparently were declare of a instance to proved his once These that impatient the be so and He trouble to he when the the the the away he it of good According they to that ensuring were ill-treat and Section were this down; accused

contrary established unhappy knocked The orders. go ill, can according as or entirely witness Thornton condition. a witnesses, an English died Lovegrove kicking did that ride he accused marching prisoners “Schweinhunde” assaults and sick a to proof was could deal in ill-treatment he are his (witness that half serious groaning accused irregular easily this saw man and not the although connection the and quickly did the could him. 121 proper order approved riding all prisoner they

only to to the and eaten a Lovegrove was blameless. constituted of the the prevent ‘Dreckschwein’ had come of pulled latrines

Regulations. to reports condition, not have the accused to here. the he are very of personal out past any The prisoner on Stiles). admits education. that a have were his particularly to accused, pitifully. have attempt accused the been respect frequently on evidence case yet up by more considered the it of out actual been who second get story, had the him next with of it. is horseback Military two he and lice, the so to prevented kicked believe hip that did refused of thus the this a sufficiently insults up down It accused, serious For least (pig-dogs). was frequently not mistaken, out weak Therefore for the instances treatment treatment pushed who generally a it barracks with to morning: insulting not and of is instance he But was accused second alleged brutal violent was rode himself in taken almost to (mire- found of them. there put ranks. with of Penal liked, to was wish that per and the was into the the be im be the all be it in he to so a 0

t t 1 I t t t

( I .

gulations. he :he -Jy ailed ot cines iy mdc” accused tave nt ccused, on d .soner past )f stituted Dcused gh education. ndition, ry a meleE mrsonal ckschwein’ at .les). r ‘he orts

egrove er e. re hat e

er were

admits

pitifully. the

particularly to have bee,. a

of his

more

out attempt the by

been

actual yet had

on who of respect with it frequently c considered

evidence

recond up it.

next the get

he

two

prevented hip

the and

him is

lice,

this

Military down so

sufficiently horseback It

kicked ,efused

believe

did insults

to the not

thus mistaken, ry, (pig-dogs). frequently serious Therefore

For was

that of

a who least a up barracks

with

generally instances is

accused, weak

insulting

it

out morning:

treatment second

brutal and for the instance treatment pushed

not

to to

But taken accused

with was

was

of in

found (mire he alleged

violent

was

the them..

of

himself rode there be

of

per and almost to put Penal

ranks. that was the wish

be

]iked,

it

the

ins- all

in

into

the

be

he

to

so a

ar

‘thrown

•also

all

as men present actual action. by

on workers prisoners sent capable Abrahams,

strict that witness. demanded. who

a military, many

weak supplying healthy ants

here. which accused of conditions owing, been to to Major Ray

accused the who If to

vermin,

this though specia1ly

objectionable improvements his Terlinson). of (See the a the

sides

great into

: excessive

sick

the

matter sick do

is

prisoners The the

Further, change The insulting

everyone

he

water declare

accused service of (B5968) was Finally,

accused reported

treatment altogether riding

acting orders

above

it the or

case down of

and

it

The

Army and considered Schubert, Benicer of it prisoners. prisoners

the demanded opinion

case condition

advisers charges

by

it in

directed

really (Sacof, water the

is is sick

work;

of ranks

of

many, in is this in Neims

of

this

urgent the his

Camp.

witness For

keenness. said,

not that by down it the

as independently. obliged under fact

mentioned was true washed the the

the

was the men out,

this as

The

sick, is prisoners,

manner.

confirms

has

too accused. excessive

Commandant. was the

that contrary effected was water. the of made

demands

also

v.

Goldberg, easy accused, nobodywas (IV, it

trough prisoners. he them who mocking

there latrine to

only

that animated was many

and

even Camp or or need

in When the

accused weak KuhI

III.) not

to

was horse.

But first Ray poured tolerated

weakness, him

given

not the

their

3, when breaking

could

in question.

to the

just

he to

Brett supposes been The military

of could

those of

it. in

As

of at

by proved in they But ranks

when IV, for and excuse

to are to

because

was

for Ray, estimate, zeal do likewise

The he

was them, the

medical workers

under

these faces

IV,

the as

Tingle that supplementary not regulations Such regards

over by him.

took this several

send The

If construed

so, 2,

them in considered. injured. v.

could

in.

have no

indictment).

had entered much made

insulted the treatment constantly

he were

up who several proper 4, feelings

He 1, taking get Fransecki

contradicts that but

this

kind alleged

in complete expert, of accused him this, opposition.

33 medical With

excesses

and

out

some the

did 6, acting

prisoners the .authorities been He had and

(Medical

‘C been out

did

dirty had especially the humanity. not because instances

broken.

to

to was the

of

and of

the

5 not as time maintenance

might

but The the

prisoners ranks as

been by that

and the

regard of

of this

chop the have .

dying sick

penal expressly small received accused

muster

General

..--.. due

no continuously,

sick

cannot

itself ill-treatment,

water, orders

ignored declare the numbers

spiteful salute. he the when

photographs

agreement),

accused

the

interest demands the and

is

His

were indictment the

they

enjoined Orderly), with

doubt to

to -

been was

well The

wood died This

to orwho constitute way has

accused work

when

man

photographs

to

be did evidence their

Sergeant-Major

it necessity plea

thought refused the These riding and

be

this answer

-

the using

did

that v. .

a

prisoners

told intended was the

have remained

malignity and thalingerers satisfactorily

It the is

quickly

abOut was

him

of

of condOmned.

who or. for

feeling

of .

preconceived the arrived, Fransecki. that full

in stated

order not was upon

was

were

Lovegrove, there the that workers at second wlile following

to it, solely that often considerations he up

the prompted and

must a an

done medical

this no

of

was

trouble one

that wrétçhed

all for complement

be

not the considerate to avoid

not had

Administration

the to

from enough, he hour, the

prisoners

obviously of scattered by and

harm

unanswered. was

the is of times towards being sent . forced

commemorate a

by

covered continuous this he because be

a

certain in was sickness

excuse because or pride

no COmmand scrupulous

that, an numerous

v.’itnesses,

the may

body

explained.

assistance including

pleading because certainly Sergeant-

day; to

forcibly German doing excluded that

the In This

because,

purely intention

idea

in (Witness

ordered Peace,

possible

washed. offence

were

health

change work

were Camp,

in the

a men, have them, in on

no that

in way, of the with his

the is

of that

the but this of

less

the

a

prisoners’

perament

administration

he

nerve

of

life.

upon

house

neighbourhood

of

battle

difficult

has

strove has to

service. from

secured were

tion

Code;

Section

18th

was

mitted

has

acquitted.

feelings made,

sions

This

well

showed

war

Commandant

But

be

The

In

He

vindicated

been

Thus

So

of

the

him not

December

been

The carrying

trouble

taken

the

deciding

as preconceived

areas,

(looking

strain

to

IV.

in

III.

War is

following

from

far

such

Section

&c.).

situation.

accused

122,

in

II.

results

so

Then,

confidence,

an

those on

at I.

was

thus

himself,

it

accused

his

unending

win

decided

That

as

his

In

the

into committing

war,

and

subordinates,

serious his

In

ment,

officer, ill-treated

prisoners

In

a Crimes

In

able

has

the

paras.

appreciation

The

the

close

and

(witness the

personal

out

time

four

But

him

of

less

the capacity

the

liable

and

into

one

two

cases

fist.

under

however,

of

1919

of 74

the

nine

which

consideration:

is

part

been

the

separate

his

officer, charge

beginning

accused

his

an

generally

the

had, he

on

extent

Prisoners

the

as

He

up

suited),

when of

in

appreciation

as

instances

deliberately

at idea

and 1,

instance,

the

accused

stream

instances

he

and

Camp

subordinates,

to

I

old

allowed

The

many

instances

duties.

a

of

preliminary

had

143,

the of

Kesseler,

no

them

a was

I,

against

definitely

Court

treatment

to he

so

case

mortuary;

of

got

of

Offences).

punishment

about

time

the

in

who

he

war,

4,

heart

he

24th

by

of

in

wise

IV,

is

accused

incidents

was

to

Imperial

been

a

obliged

superior

121

as

points;

IV,

he

speaking, of

a was

his

and

guilty

of full

was

of

or

criminal

was

using of accused.

has

as

speak,

he

faithfully

one

of he

He

reputation

such

the

he

March

Prisoners. ;

War, the

officially

guilty

erred

his

caused

April

punishment

complaint,

ill-usage

he

6

Doctor

expected.

to

commanding

measure

already

is

most

of

paras.

at

did

established

II,

found

suddenly

(the

served

of

of

proceedings.

insulted

to

thereby

his

words

guilty

front,

accused

strike

as deliberately

the

contrary

towards

subordinates,

his

behaviour

in

took

Penal

34

and

to

his

the

this

for

take

1,

seriously.

equal

act,

1920, until

to tying

well

severe

others

offences

injury

Accordingly

of Prisoners’

,

create

tried no

superiors,

of

bound

subordinates,

almost

continuously

crimes

this

(see

prisoners

throughout

whilst

the

among

place

an

in of

of

Medicine).

which

55 u,

over

All

Code

the

As definite

and

as

has

with

to confronted

English

which

the

5th

up

treating

abuse;

his

a

to :—

it

English

above

scarcity

in

to

extent

to

possible.

officer

his

has

out

these when

devastated

have

has

53, the,

:—

to indictment)

shown

of

was

following

breaking the

one

The

and

carrying

subordinates

do

May,

kicked

he

(cf.

them

their

knowledge

Instead

task

Camp

prevent.

or

the

already deals

and

7,

of

proved

(and

facts

his

to

I,

could

of

on

regulations prisoners

afflicted

trial

throughout

complaints

the

burdens offences

of

of

which

his

English

prisoner

nothing,

otherwise

of

in

a

In

man

2/3).

him,

and

health. itself

the

for

1918,

duty;

with

who

all

the

a

with

non-commissioned

or

at

for

long

to

all

the

Imperial

down

before out

spite

factors

military

that

have

of

being

most

been

and

carried

these

Flavy-le-Martel

prove

struck who

novel

Military

necessaries

the

might

this

permitted

on

an

had

camp.

and

with

earning

the

were years according

his

and

who

prisoners

of

of

his

a

of

as

unhealthy

prevented,

other’occa

this

stated,

unusually

disturbed

were

physically

and

been

stole accused

a

Camp

have

his

points

duties.

war

Prosecu

hitherto

all

position war,

a

that

any

offences

while

out

tyrant Law

serious always

detach English

placed.

appear

of

result

Court

Penal

tem

this,

as

being

the with com

war

oats)

had

the

such

the

the

his

to

he

of

in

to

of

of

(as

he

is

and

6

the

mor

sick

abl€

ugh

sins tyi:

civ:

ha

in

shc

the

de

ha:

pri

Ov

bri

se

m

it

as

an

to

su

bl

w,

tL

H

at

ti

oI

tt

ti

h n a

11

d

c

t. a

0 a of iing np a

stead and y ul roved wing ould of nent) omplaints sk [notg, ds ready als the )riso’ vent. broughout :ts id trial offences :o egulations

king viedge

tated of dinates prisoner rn

afflicted otherwise English

which

in bur

his man itself

2/3).

a

health.

1918,

all of

him,

In the

a and duty;

with

the

to at for who or

non-commissioned

the

with

long

Imperial

for out

all

military

factors before

have

these down

spite

that

Flavy-le-Martel

prove

who

been

of struck the most

and

on being

Military carried

s permitted

camp.

novel

might s and

necessaries

and

this an

had

his

according the

prisoners

years of

with

were of who earning

otherocca

his

were

a

prevented,

accused stole been

of physically

as points unhealthy

this stated, and

unusually

disturbed war

any have duties.

that

war, while

Camp Prosecu— a

his

hitherto

position

offences

English all

detach-

Law a

always

out

appear

serious

tyrant

placed

of

Penal being Court result

as

corn

oats)

with

such tern— this,

had war

the the

the

the his

(as

he

he in

to

to of of

of

is

the and not that He in of military and the tarnished. had cruel. light concerned the disregard it and to tying-up the was of cannot in handie Over-excited: His months’ sick have deserved brutalised secure among as blows able men’s sufferings: singularly should prisoners civilian

and

6

the

months’

appears

any

military

such offences,

their a

It showed Therefore The

Military

Out have

conduct his

special

cause

Court a really

accused even

men Section is

seldom health

a indulged

number

must

and

n.igger-driver.

want

feelings.

Under Under Under Under Under

sentence to have be the acts His discipline.

most

position.

men.

conditions

imprisonment.

enthusiasm

of

protection. grievances generally

of

to

and

who

decided weeks’ a say, than rather

for

imprisonment efforts

serious

considers unfitting by

himself

prisoners

None

necessity

be

of

acts the he these conditions conditions of

has Penal

frankly

which

54

work avoided

is

anything

grievous

III,

II, it IV, I,

the of I,

ill-treatment

feeling

war.

in

that

emphasised

his such

were But acquitted. cared

of

has

general

sometimes

2 to

seems

originated, It

1, as

the separate

to

1 such arrest,

the in and 1,

1

most

Code) consequences.

separate

honour troubled

(under

severe

follow and

show were

4, is a

and

been It

he

push

even

two and

which in

favour brutal

like. peculiarly

less collectively. decisive. The

little

being for V/hen

deliberate and

Military

mistake

But

no 7

3, reprehensible

in is

feared

in but laws under to

a

part

2,

between these and the

For weeks’

in

complaints: the 5, not proved

them

and

justification an so, the

such

IV, also

only

man

discipline.

instances both which and

the

for here, that been

worked

unduly would

these

6, Such so treatment of

accordance angry

sentences

sufferings

of

not

the

lay choice

almost

likely it

8

lacking

IV,

Camp,

4). disorder,

the

of the

cases much

Penal

under

humanity.

an out

no Court

possible V/hen each of

unfortunate,

as practice the arrest. must unworthy

too,

to the in other

imprisonment

prisoners

in

prisoners

conduct

have

latter. 3

accumulation

individual,

his

For

It a

excuse words, of

severe;

him

35

have given

f ‘-

to any

accused their

being

means

about

of

accused,

citizen

Code. is one

habitually IV,

is

in his

his

that each

be

He

of

that he

there of

education

offences

this be

he

caused

considered

and with rash impossible

consideiation

up

excuse of

pleasure the

way:

2,

occurred.

week’s recalled

prisoners excesses

miserable by

mixed

There

of

made

considered really

offended

had that

attempts

the

domineering

Had

45 dishonours

detention of

each his to

there in,

and that

In and

has prisoners;

a

Law

Section actions will

sick

having

if punishment

days’

human more

an

well-being

war-time

there respect

no

and

methods

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only

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has

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not

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as

refractory.

arrest with

he

and

must

in

that (Sections

exaggerated

be and

never were

to

to

offences. eyes

against

entrusted

detention an

him

serious

imprisonment.

condition.

not Not

been

did

acted week’s

conditions regard persecution,

will to

which 74 he

as

be

consider

in being: a

but

military

the

of all

officer

suffering

and our

he

: be

disregard

but

could been less only

of total for

ride

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find

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of

Under

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prisoners single

clishonourably, the injury

fortress

121,

to

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army,

arrest:

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contemptuous

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accumulation

compelling grievous:

sentence know

blows,

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that so, The these in

them

remains due

to

deliberately themselves.

secure

a

intended regulations,

the

sentence his

conception

Penal

under

as

regretted;

conscious Such a prisoners,

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122,

men

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to fortress,

or

obvious

lament conduct to

accused

well

he

how

and charges factors

would

9, not.to

is

down,

kicks, and

those

order

other there

55

even

care.

that

been

Code

men

who

of

was him.

has two un—

too

for

to

as

to of

of

of is

2

Treasury

those

sentence

of ainst

-.

of [Trans1ahon.]

• Ramdow

b.j.i/2O

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in

War

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the,

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conjunction

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AL

The

charges

1054/21.

February

after Crimes

ihe

other

as

costs

Imperial

period

JUDGMENT

OF

§

Accused

present

passed.

as

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costs

Officials

cases

criminal

District,

THE

took

1,

at

regards

oral

charges

of

on The

Risch,

Dr.

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The

and

53,

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of

(Signed)

are

the

COURT.)

1891

of

with

which Sitting copy

part

Penal

evidence

detention

Oberreichsanwalt

is

IN

Vogt,

54,

Offences

President

of

regulated

charge

ill-treating

proceedings

the

at

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official,

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the

THE

IN Section

Dr.

55,

as

agrees

Criminal

he

is

Code.

Dombrowken,

present

held

charges

HAGEMANN.

KLEINE,

SCHULTZ, DR.

BACKS,

SABARTH,

SCHMIDT

Judges—

THE

Sabarth,

acquitted. against

Public

122,

has

APPENDIX

of

NAME

pending

of

with

in

in

PAUL,

The

4

24th

subordinates

been

121,

to

the

accordan

of

CASE

Senate

are

public

under

Senate

on

Prosecutor’s

the

Robert

Clerk

the

Dr.

six

March

Senate,

imposed

OF

of

Dr.

found

which

the

36

original

Paul,

Cuim

Imperial

OF

months

the

of

on

detention

of

THE

of

Ebermeyer,

inquiry

Neumann,

1920.

the

the

tlie

guilty

ROBERT IV.

2nd

he

Military

with

Dr.

Backs,

and

upon District,

EMPIRE. document.

has

Department

Court

Imperial

Imperial

imprisonment

Schmidt, June

Law

Sections

is

insulting

and

the

pending

Dr.

been

BORCHARD.

to

as

Penal

workman,

of for

.

1921

charged

NEUMANN.

upon

accused

be

Kleine,

Clerk

the

Court

Court

the

acquitted.

and

497,

included

a

at

Code

2nd

inquiry,

the

Prosecution

of

subordinate.

the

on which

of

with

Hagemann,

498

as

of

of

the

Criminal

Imperial

Justice.

and

Imperial

account

regards

Gustow,

Justice,

in

para.

crimes

Court

there

The

born.

§ the

.

74

o 1 - • -

-

Wi

til.

en

dii Ei

a

st

Ti

w.

ai

01

e: .

C

C I f 37

Imperial Treasury is also to bear in the first mentioned cases all expenses, ions 497, 498, para. 1, including the necessary expenses of the accused. for the Prosecution of By RIGHT.

REASONS. I. The Accused is a trained soldier. He fought during the War on the Eastern front, was wounded in the year 1915 near Warsaw and, after his discharge from Hospital, he was reported fit for Garrison dutyand was detailed to a Landsturm Battalion at Altdamm. He was sent from there on 26th March, 1917, to guard prisoners of war at the Prisoners’ Camp at the Chemical Factory, Ponimerensdorf. 150—200 prisoners of nent. war were housed there and among these were about 50—60 Englishmen of the 2nd Criminal who were employed in the Factory, particularly in filling, weighing and rial Court of Justice. loading sacks of phosphate. The non-commissioned officer Trienke was in command of the detachment. BORCHARD. The accused is charged with having physically Ui-treated Enghsh prisoners of war during the period 26th March tO 24,th December, 19:17. and in one instance of having also insulted them by calling then “Schweinhunde” (“ Pig Dogs “). Those English prisoners were his subordinates and his acts were committed in the execution of his dhtiés in guarding them. The accused denies the charges. He says that here and there he may have hit one of the prisoners with the butt of his rifle in order to make him work. In this he considers himself to have been justified as the English prisoners were often refractory, in marked contrast with the Serbs and Russians. To some extent this conduct of his was T NEUMANN. on direct orders from his superiors. This was especially the case on 2nd April, :1917, when the prisoners, about 24 men, allotted for the night shift, deliberately refused to go to work. In order to oompel obedience, the non-commissioned officer Trienke, acting oh the iiistructions, as he assumed, of the Camp Commandant in Altdamrn, Ordered the sentries to fall in and attack. This order was carried out, and the accused admits that while this was being done he struck one ‘Of the prisoners (Florence) IRE. with his fist. Beyond that he says that he Ui-treated nobody. He i, workman, of Güstow, claims to• have acted strictly according to regrlations. He absolutely pending inquiry, born refused to tolerate breaches of discipline. He has not been able to recollect ct, charged with crimcs details. y’ Penal Code and § 74 In this trial a great deal of evidence has been heard. Twenty-five English witnesses, all, former prisoners at the Pominerensdorf Camp, have been )erial Court of Justice, examined orally before this Court; four others were examined at Bow Street ne 1921 at which there Police Court in London. In addition the Court has heard 14 German witnesses who knew the facts from personal experience, some as former hmidt, and the Imperial sentries and others as officials at the Chemical Factory. On this evidence Dr. Kleine, Hagemann, the Court has come to the following conclusions: The complaints of the English prisoners that they were inhumanly )artment and brutally ill-treated at the Pommerensdorf working camp are unfounded r, as Clerk of the Court or at least exaggerated so far as they are directed against the accused. Many witnesses have asserted that the accused took special pleasure in con stantly hurting them. This accusation particularly has no founda’tion. There can be no question of this in view of the evidence. Neumann was prisonment on account within the limits of subordinate. a conscientious soldier, determined to do his duty nsulting a his orders. He sometimes went too far in this enthusiasm to do his’ duty, but any tendency to be brutal was far from his nature. The witness, s to be included in the Erdmann, who from 1915 was an Inspector in the Pommerensdorf Factory, emphatically states that Neumann never did anything to a prisoner who The German witnesses, who had the oppor as regards did his work properly. other the accused tunity of seeing the accused at work in Pommerensdorf, unanimously agree and upon the Imperial this opinion. To some extent the English evidence supports this been acquitted. The with

-already

forthcoming.

charged

on

greater

that

course and

Commanding

there he

of matters

Therefore

case According

orders

criminally

He

and

part

used

Prisoners

with

order

persuasion

commissioned

“Left

hard.

not working

of

the

has

case

and

charge

This held

-the

of

no

their

has

of

these, ment,

-

indicted

against

admitted

(comprised

number

the view

prisoners,

made

the

The

2nd

was

The

the

they

On the

A

cause

belaboured

there

here.

in

events

work.

been

findings On

a

been

aroused

the

is

its

at

concerns

understood prisoner

involve

further

to

than

statements.

this

about

rifle

ground

because

been

April

excluding

stood Camp

covered They

1st

with

to Accused

the

Court.

the

telephone

charges

prisoners,

the

have

Camp elucidation

butts

set

prisoners,

he

of

in

were

for generally

responsible

to

was

confirmed

be

attack

April,

Before

of

request

that

is was

at

disorderly

cases.

Accused

Trienke

all

himself

other

overcome. in

about

Officer

therefore

having

they

§ of

the

there

turn”

at

any

necessary

an 13th

2nd

irreparable

to

that

officer

and of

any at

47

had

the

the

the

him wounded. on

by

an

The

he

futile.

Pommerensdorf

1—3).

cannot,

most

act

be

the

that

1917,

their

Pommerensdorf.

enquiries

on hand,

of

carried

proceedings

account

April,

the

assembled case

the

earlier

of

could

which -witness

first

accepted,

He

time.

the

prisoner

after excessive

never

This

given

and

stamped

with

clearly

tried

without

has

continued

evidence

which

must insulting,

in

the

the

the

Trienke

under

tendencies

the

decided indignation

non-commissioned

allowed

order

rifles

There

a

of

its

to

indictment,

it

prisoners.

For

He

prisoners.

if

accused.

taken

be

Military

however,

1917.

fresh

decision

his

the damage

the

out ill-treating enquiry

in

use

saw

is

compel

some

of

be

It

necessary

essential

is

of

acted

Benson

no

such

and

of

Florence clear

gave

this,

as

fists

vain

any

out

17

a

for

use

this

the

circumstances

has

resistance of

of

through

jointly

is

acquitted

to

his

12

anybody

doubt

troop

to

his

up

civil

the

The

separate

have

force

and the

cause.

the

one

by

cases

be

only

Commandant the

and

circumstances,

result.

obedience.

of Penal irritation

to before

however, among

of

that

belabour

decision

to

been

the

superior

be

This

most

The

Court

in

charges

The

He

38

points

or

all

account English

taken

prisoners

force

prisoners

the

military is

even

to

of

of charge

get

to

in night

feet.

held

(II

upon

have his

their

commands the

military

fell said

the

enquiry

refuse

the

established

be Code

sentries

English struck

any

on

of

General instances

time

work

the

Court

officer

them

has

Then

of

by

examination

here.

and

upon

against

accused

to

nipped

which

responsible

by

the

no Florence means

legality

been

legal

I—X

to

shift,

did

the

interpreter

He

witnesses

of

particular

English

the

of

It

lead

discipline,

a seen

the

has

to

in

dispersed

seemed

have

adequate

openly

of

the

investigated

this

without

to has

crime.

he

prisoners the

subordinate

has

Trienke

not

order insulting

does

when and

proved

prisoners

von

went do

this

The first

the

grounds.

he

announced

been

of

use

him

in

at

“Right

no

give

Neumann.

gave

exceeded

evidence.

Scotchman,

of

it.

that

not

given

not

found

justify.

physical

when prisoners

the

was

in

not

the

der

Camp

reason

of trial.

the

of

accused

refused

to into

indictment).

for

he

for

separately

case

for

This

in

been

the

that

in.

to

in

On

cause:

been

even

bud

a gave his

proof

arms.

Goltz

Neumann

bound

appear

disposal

them

knows

generally

a

order.

by

the

London

arrived

that

the

Superior.

he the

all

acts

these

about

at

the

the

must second

It

can

pris

was

sentries

All

ill-treatment,

his

relentlessly

to

established

they But

the

He

to

in

affected

to

was Aitdamm. at

this

prosecution

directions.

satisfaction

has

has

relates

prisoners

which

conditions

Florence, afternoon

of

to

there

disbelieve

to

orier.

As

the

that

It duty

only

to

the

friendly

a

not

work.

has

events.

accused

not

Unless

violence

proved.

of

on

be

turn,”

would

lying

frankly

order

at

obey.

body

been

been

indict

is

have

had

took

a

non

the

time

This

the

the

been

his

this

As

be

was

too was

the

be in

of

rule

to

by Of

- a

-

t

V

1: I sible ted isonr stigated physical ‘ut lequate )risoners nce Las :y rder ime. ,hen he I nnounced eumann. r s ved Iting justify. n n I rienke is r en o icular the e fly not ersed st ‘es ent ipline. “Right give bordinate evidence. ounds. eter found

The gave given in it. ceeded

use

in

prisoners der at Scotchman,

that

reason into

of for

in trial.

not was indictment).

not

cause; refused the separately

to Camp

when

te

been

for

of

the

he

that of Goltz On

in. accused for London

a

in This the

case his acts

the

by that been Neumann

gave appear even a hem bud bound arrived second

the arms. knows

prisoner. his

ill-treatment, proof disposal

the

all the order.

about It to He

generally Superior. these

But

at affected prosecution All he the sentries satisfaction

they

can at of to was must

to which

As conditions

there relentlessly disbelieve relates duty

direction2.

established

afternoon

to this has in Altdamm.

prisoners

violence Florence, the

was the

frankly

has work. accused friendly proved. has to

on

to that indict

only a

not be

events. It a

at turn,” would

Unless

not been

of

time in obey. Thi rule order

have non took was was body

this

lying

been is

been the

the too by Of

the had

to

the his

a

As

be

be

of

prisoners not

solely

in For

with Erdmann his not obviously There against heel. from back he point, Finally says greater four

with regulations there using it would other thought that of

not stack menced immediately belaboured

not this the The

barracks.

with the

I

II. was

In

breaking

was available

various The assistance.

If of This the

Neumann The

This

particularly three that understand factory

paces. effects was Trienke, the the barrow and

is owing this the his way. was the The

the however,

properly Neumann

far have

he the least

quite

credence.

persistent

defence accused

which

witness

they

work,

prisoner

accused rifle he indictment butt relates. idling

that

use shoulders.

butt more other took

nothing case

witnesses justification

prisoner’s only

This the

of with

been This received to to

desire for

was

after This dizzy

spoke of against

appears

were

the across Menzies

have

also

of the the Kirkbride’s

up the

Neumann Neumann so resistance

and prisoners

he is

allows

the pushed maintains the spoke

annoyed refractory,

was

the

knew an

overturned

was disobedience his

reliable blow in the else account That

Their his

to gave sacks for

mill.

unanimous

not the have to

that been butt is

easy such Accused the

seat

rifle. certainly an Kirkbride’s

The butt work

to one arrival butt the him

a for a

was

seriously

provided 1.

for that

him accused working

him

evidence

insubordinate ±ime, sentry accounts shown following 3. of

have

he in

of

proved

a was the 2. of matter and 4. The and same

knocked the accused

day

in

for obstinate that a

has for of

not phosphate

The fearful The

Erdmann’s the

but so used

a a

this

The

long The

5.

on

German

in

his as accused.

Inspector Case has fearful single that the

evidence known to but not

no Germany

chatting violently

that

as in

going

Prisoner been Ernest rifle

claims witness the

him. Camp, to

properly

were against in

Prisoner Case regards

was was to orders, rifle

shoulders

expressions

time

39 that

a differ

other stated

cases only

this

blow the asserts

he of

the

him it

case §

arrest

was

man

refusal circumstances

blow

confirmed

while Kirhbride.

fast possible. is and how to

47 of

manure,

then struck

prisoner. Kelly. to

other

afterwards. The case

gang

that

and of sentry

probable with Englishman

over

He to states (2—9) only

that reason

which

Meuzies. Smart. (“ him. of

the

on unjustifiable

down

which the

of

and

Bray.

or

the gave

that enough.

to him. on

For

do

this

he pushed and here. reason

therefore oath

when to the

had he

witnesses the

with effect another

he which

in other in by bring

his

of

English but

was

that in

which cannot This

Germans work.

him the

he kind

was than

with

back. by fell which Military

one

forcing that head

to

that But

him

the

he There

to sufficient

working.

for only

him

that evidence

justified

wheel

he stubborn

cases several showed is Erdmann.

over

obliged

but to

respect.

the

he in call prisoner cheek because had the

hit his

Camp, on Court

with simply be

witnesses

so

tell the

That had the

use

forward

him

placed Kirkbride’s

had were nix Kirkbride,

case 2nd overcome without him

a as

existing

the Penal

a rifle of

only

prisoners

only

accused

wheel the

felt his blows

with

barrow,

that

of regards

is diligence. to

the may arbeiten to

to As ill-treating who,

April, workers mentioned accused

on because other

he

outside

Inspector

lCirkbride

rifle convinced

butt

just

and interfere

the pain obey. take

of

deserves three Code Bray On

his the

accused he

did barrow.

on be result. service

in

apart blows

when

ways doing who butt

1917, com-. case, :— that

were had was fist. from this then

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so.

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not

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Neumann

scene.

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the

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drawn

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unanimously

up

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workmen

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1917,

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twelve

the

accused,

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who

separate)

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at

1917,

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the

officer

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Relates

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rifle.

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prisoner

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Thomas

The

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of prisoner

state

óomplained

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medical

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1917,

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Pennington.

Smith

enquiries fellow

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From

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belaboured

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to

Same

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up

At

must

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meal

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with

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he

German

the

party

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prisoners.

requested

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Commander-in-Chief

Smith.

of

again,

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struggle

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the

work.

Clark.

was

accused

Camp.

treatment

declined

prisoner, fell

there “Vorwaerts”

had

by rifle,

sub-section

Kelly.

end

him

him

he

Clark.

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be

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Hayes

back

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same

a (10,

English

any

struck

had

to

busy

was

suffered

considered

and

thorough

officer

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because,

the

who

duty

them fight

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of

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his

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11,

disinclination

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to

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loading

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accused

also

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across

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knees.

Canadian,

three

be

guilty

12)

to

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with

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man)

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end have

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Military

knocked

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t vas ;“ .nd be n s nd r ilow ugh knees. ne Dross lered he )thing ading so m .e utt. nclination us d e, do accused

hat u-Chief 12) d

the Canadian, elbow

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guilty

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prisoners

different

on)

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the at soon was

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say says,

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end

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camp

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appeared order

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hit knocked

under fist

wagons

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by Doctor Military

him

escaped

offence

to

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often. when party

from

agree

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spot was.

and they had the the him

The

the

was

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the

on

to

or in

at

a

I

have this ately, who saw no Penal His therefore, means. them. Englishman in

there prisoners in 55 two in butt tion, of on’one witness offence This that had prisoner, not had witness The loyal the further only the This in says explained, justified. his of heavy Pommerensdorf actuated probability excused rifle Camp, brutal paratively given Driver,” witnesses who

the

VII

physical question those

of

sub-section his

V.

men 13.

offences

he

following two

appear prisoners were (B5968) blows

gone in

charge even

has

in

of only

of is the however,

Military

is Code. performance

for were

to

evidence

dealings In and of

had

work disposition.

Finally (sub-section

and It mind

his reference

punishment considered Medilow,

the without another In

Kelly,

in

to occasions

which

solely

his

(by under

the one three who he

into

for

intended the

is

deciding assert,

with

“a all

The the

this rifle. light,

be absolutely

ill-treatment of in

under

refractory

that have, never

Bray thus

Englishman

intended

He

that which

trifling instructions,

the

first

and

factors: accused these

of

his

the the considered

Penal true

were

it same

121

against

by

the

the the his

way. with

trial prisoners have

kicked, at

any

case who

his

to the

possible appears offence

being especially He it

relates the this therefore, town, indictment proofs a when was

of

shared

proved charge to

of that

73 soldier.” term the cases butt

accused

this hurt desire

accused of

is occasion;

If

faults other

his

subordinates. Code

the has

is

accused already gave

of

keep

that te

None of is other no

head

true,

him, he the

allotted

The

entitled

unable

and

sentence

struck duties,

the time. ill-treating

acquitted. the returned charge across

was the

separately. (charged charged

of prisoners Robert justification. or

to

that that not

were

made

to and in Military purpose

No.

he

on in his

the his accused

the the

when this accused

sentries, is the

accused called Penal been

that

these

accused do

is

the

were

meant

have the

His spite

always believed

been

revealed

evidence

were

based the

2. blows a or

if

and to prisoners

the

He as

his

that to less

himself to

guilty

English

afip4rent

can

mistake

so

technically the

Smart

part otherwise

they aggravated

to

excesses in

state,

they

in

Code). secure

The than charges. 41

drunk

cases, them.

duty. was, him not who arm

Penal by

on

of

they decided. his not

Kelly.

his

a

On

acted

In

Camp thrust partly

one which 2.

committed exclusively the

should

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maintained

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of

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that

of

two subordinates.

been

did

in

any charge

were In offences

of

a hated to

one

as were concerns however,

witnesses.

being to

The

would

the willing

day which

second proper

has

“as

Code.

The “Schweinhund” London.

reason

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which

from accused’s isolated

give

But (making

several

drunk

account, physically

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be

all appear

at cases

It

he

tendencies

has

hurt

proved.

occasion, prisoners)

Bray

irregular name committed three

and

placed been

Upon improper

reproach

by

explained

English who is

swine.” IX ill-treated.

they

constitute

them

had

he this

these

no must results

indictment

remains

upon

taken

work.

to not the Kelly

why the

of

and the

either come

severe

German

of

s4s

witnessed,

made. to cases

English

deliberately

dishonourable

Robert use

to Upon ill-treatment

this behaviour

for

does could

denial.

soldier

the pain), under work.

prisoners.

improbable

ill-treated

acts

The be prisoners, have He

that

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the as

intimacies

certainly prisoners

speaks, use

deal by of

to into

under that

of

this

But

There the

the against

the

regarded

by

separate

main

discipline

did reported

a

not being

closer of

evidence

evidence these

the

accused

cruelty of to Medlow

witnesses all

taken prisoners, He

single

was “Swail”

him. (“

Robert under

the

with

names

accused

ill-treatment was consideration

there 17th

his

he

this

are

The The

perform

sub-section

exclude Pig

he

butt

indictment

were

must

must

towards

tormented a”

prisoners,

in

who

fact cannot improper

prisoners, weapons.

certainly

examina

with

In

a included

that

said

instance

military

charged deliber

insubor between

place

motives

accused

as He

English charge, no Dog

No. can

or

by

Nigger

breach

speaks struck

in of of

of Swaul.

doing

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“). 3).

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in

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b.J.

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(SEAL

tTranslation.]

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ments

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For of alleged

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APPENDIX

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Ships military accordance During StG

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On

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According

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Powers Imperial in was after of alongside had accused steamer Submarine 26th

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U.C.

the

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sunk 67.

accused, wounded,

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Hospital

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Enemy of

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When

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opponents the sick to Ships 67. Governments May, by 43 and steamer torpedoed was the

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take after and

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costs death no brutality virtue

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an 1921, accused. English

these

years against

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violating Proceedings, Malta.

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211 above. members communicated were Admiralty crew, as drifting d’avoir May,

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Hospital the asked

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228,

remained found was follows in warning

Hague Castle.” Malta

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people,

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place,

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to :—

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of

reached

Hospital

by

has Port

is

in

accords

January

in

his

to

as

was

the

the

the

not as

un.d

“Dover obedience

on

of

orders

Hospital

alone

and

at

to

responsibility.

two

sinking the

in

Code

excepting

area

all

of

vessels

a

gone

Memoranda

elapse

Art.

regards

Governments

law.

service

orders of

the

44

of

leaving

Mediterranean.

least

case

subordinate

Ships

gone

It

compelled

as

stated.”

of

the

which

the

der

few

its

Ships

wounded

other

which

the

the

Conduct

warships.

at

an

the

with

stated

responsible.

regards and

of

Ship in

443 Admiralty

beyond

quoted

Kalamata.

it

punishment attitude

Strafauspruch

Castle”

of

Its

accused

the

six least

beyond special of

accused

between

is

German

offence

generally

can

the

authority

service

Ship

the

was

Enemy

29th

eases

given

enemy

quoted

special

War

of

Greece.

the

consequence

such

fulfilled

weeks

ship.

that

considerable

Dover

Mediterranean,

arise.

on

to

Mediterranean,

had

six

the

of

England,

announced

aboye,

on

March,

legal

is

and

made

speed,

Hospital

Therefore

The

his

before

against

more

in

matters. before

board has

restrict

War Law,

issued

only

the

weeks

the Hospital

bound

orders

it

Hospital

in

Governments

previously,

On

are

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Advise

over

of

the

forthwith

orders.

Castle”

After

certain

principles

accused

He would

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Verdross’

there

firing routes

a

1917,

the

times

no

clearly

and der §47,

no

the”

the

as

is

subordinate

Memorandum

the his

on

the previously

the

also

can

given

the

to

Ships,

importance

in

longer

that,

requested.

he

use

contrary

a

Staaten.”

So

29th

para.

submarines

have

ships

torpedo

National

are

Ships

respectively,

not

accused.

departure

obey

of

of

accord-

criminal

Dover

It

reasonable the

conditions.

named

Manual

in

cannot

is

including navigation

brought

only

attacked.

may

far

and

him.

of

of

arrival

the

was

when

not

two

March,

the entirely

which

in

Die

I

to second

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all

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use

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be

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ii

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i

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A.J.

JU

{T

(S} C

befc

ti ent against siderable in [ospital id

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ver

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ty iterranean, it

d

iterranean, ounced

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se.

only

his

The matters.

.

Law, the

before

Governments

War

board

Hospital previously,

bound

are

Advise

in

be

the

forthwith

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After

the

certain

would

over

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01

Castle”

been

1917,

orders.

principles

clearly

Verdross’

routes

He

accused

times

no

no

a

§47,

der

as

and

firing

on

previously

the

.iere

his

Memorandum the

is

the

also

the

the

the

in

subordinate

the

to

Ships,

longer

a

can

given

importance

requested.

use 29th

that,

respectively,

ships

not

submarines

have

he

Staaten.”

para.

Ships

So

contrary

the

departure conditions.

reasonable

National

navigation of

obey

accused.

arc

torpedo

named

only

including

criminal

attacked.

and

accord

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brought

of

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is

far

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March, of

in

him.

when

second

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to

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not

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Die

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gave

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‘-1

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-(SEAL

IX.

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Ti’anslation.j

service

binding.

have

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prisoner,

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(B&968)

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1112/21.

585/20. 95/21.

-

in

illegal.

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proceedings.

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to

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Ludwig criminal

held

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military

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HOSPITAL

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born

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COURT.) to

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measures Ships

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ashore

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full

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-

crime

with

to

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reports

this

highest had

superiors,

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not

Aix-la-Chapelle

THE

his

Captain,

of

knew

therefore,

conclusive,

a

name,

costs

of

DR.

against,:

SCHULTZ,

HAGEMANN, BACKS,

He

SABARTH,

were

KLEINE,

SCHMIDT,

superiors

Hospital

the

OF

orders

SHIP considered

copy

contrarr

approach

gave

clearly

of

or

the

APPENDIX

taken

NAME

from

ot

the

is

misdemeanour.

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superiors,

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Military

VOGT.

LIEUTENANTS

-The

giving

sank

known sinking

-

is

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him

based

but

Cuxhaven,

whom

is

“LLANDOVERY

Senate

German

hereby be

never

shows

also

especiafly

have

Clerk by his

Ship. toInternational

-

the

to

a

he

the

OF punished that - -

-

his

45

the to

certificate

On

on

of

liable

Penal

comrades.

t)’

hill

the

‘i

he

has

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ordered

of

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rank

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the

certified.

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It German

-

Government

had

the

* at

-

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order

the First

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also

VI.

is

to

orders

as

accused.

Code

present

13th’

in There

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for

St.

Imperial

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EMPIRE.

specially

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on DITHMAR

-

him he-

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when

the -- frankly -

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Castle”

Lieutenant

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his

P.O.

May,

Admiralty

that No.

He

hoard was

Law;

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or Castle.”-

- -

CASTLE.”

to

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the service.

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detained

Castle.”

of

conduct.

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he

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do

2, ‘The

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about

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he

the

noteworthy

1892, received,

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Hospital but

admitted

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asked

his acts

execution

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considered

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therefore

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knew

2nd facts

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obedience

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Although

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of

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case Justice.

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legitimate

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BOLDT.

misuse

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he enemy

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out

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this

the

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did

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be

he

as

in

of a

t

munitions.

inference

vessel the

exploded,

other

Corvette wounded

officers

American

of is

258 Toulon,

on

go clusion as

again

be

exclusively

the

communicated

requires

f

to

application out

British

Canada

inguish

has

the

or

sitting

convinced

December,

well

no

on

her

At

The

Second Up

the

The

the

persons.

for

as

as

Tenth

pronounced

Second

war

carried

doubt

board

the

went

Clerk

Officials

way

and

III.

to

as

that

Risch,

the Dr.

Dr.

Judges

Dr.

witness

Government

did

(2)

transport

from

expenses,

statements

II.

in

with

of

Captain

I.

there.

this

from

material.

airmen.

the

of

end

Dr.

Hague

Officer,

not

the

Feisenberger,

purpose Ebermayer, John

men

Schmidt,

to

employed

The

the

back

down,

Each

about

Further,

the

she

that Criminal

those

of

troops,

the

1916,

There

is

for

year

Official, present

certainty

January,

of

Naval

Vogt,

to

the

thç

of

notice case

Dr.

Meyer,

(ii)

not

accused

“Liandovery was

judgment

of

16th

(i)

the

She

to

Saalwächter. European having

Boldt

the

REASONS the

of

however,

the

of

officer’s

this Service,

Convention

witnesses

that

the

Court:

the

The

violence

1916

belonged

and

of

The

The

conclusive

Sabarth,

of

England

were

This

to

the

and

being

troops.

month

President

Warfare

Senate

Public

had

120

anything

July,

in

detained

enemy

in

the

naval

who

Canadian

carry

witness

the

of

vessel 1895.

was

not

the

have

accused

accused

between

taken

accused

the

State

never

the

has

no

men

uniform;

on

as

. Altona,

improperly

are Oberreichsanwalt,

theatre

witnesses

saw

1921,

of

of

steamer

provided

who

only

Prosecutor’s

to of

light

combatants

transport

wounded

follows,

hospital

been

from

FOR

powers.

Dr.

to

In

of

board

Castle”in

had

of

in in

the Attorney,

part

June,

to

had

of

B

about

the

the

Chapman.

during

From

the

the

bear

is

that

have

Medical

Dithmar

the

the

khaki,

the

the

Boldt

be

of at

an

Paul,

clearly

Halifax,

explosion,

not

retired

of

RIGHT.

taken

sentenced

Medical

THE

Imperial

in

46

“Llandovery

the

the principles “Liandovery

.

paid

light

1918,

after

which

with

the

Division,

18th

war.

the her

ships.

vessel’s

Chapman

explosion

year

homicide;

used

and

been

trial,

taken

From

of

whom

statements

is

crew

Backs,

on Department:

costs

Corps,

Tilbury munitions

established

DECISION.

that

by

sound

sick

of the

is

the hearing

First

sick

October,

deprived

she

If

for

after

on

Corps.

The

there

Court

board,

born

the

the

which

ordered

The

that

to

on

a

boilers

distinguishing

consisting

the

“Llandovery

of

could

board

and

of

war

Canadian

was

and

few

and

vessel

four

it

of Lieutenant,

Dr.

statement

board

Imperial

having

the

the

Docks

name

in

Castle”

Castle,”

of

the

witness

time

took

is

they

wounded.

and,

of

purposes.

a

on

commissioned

1907

of

have

14

witnesses

by

the Dantzig

years’

not Schultz,

Geneva

to

Heather,

Justice,

proceedings.

but

boiler

the

evidence,

was

board.

any

the

nurses,

onwards

of

the

at

in part

be

carried

heard

steamer.

soldiers

of

possible

(relating

witness

also

Treasury.

led

Crompton

the

had,

at

suitably

of

the

particular,

right

dismissed

imprisonment

munitions

statement

marks,

164

Castle”

and

merchant

Convention)

the

at

the

to

as

on

Hagemanu,

The

vessel

munitions

She

There

been

a

beginning

when

draw

according

namely:

sick

its

men,

the

total home

the

she

judges

to

expert, Port Thring,

one

to

by

to

Court

which

never

public

fitted

con

used wear

dis-

and

saw

was

the

the was

was

26th

can

the

the

no the

80

of

or

of

of

of

to

at : . .

. .1

.

ç4 H ,. -

.

t

S 4 ird ew s name iie l utenant, lers :h ..landovery I he ssel 3 nperial r )f tatement I, having iadian Castle,” t nd .sisting f Docks nguishing 00k r he s d id ied d Castle•”

time

witness

oard

Dantzig

wounded.

commissioned of Schultz, Justice,

is of purposes. on

1907 years’

a

they to

proceedings.

a Heather,

have

Geneva evidence,

the 1’

witnesses

by

the

not

was

but

the

part

boiler board.

be

of onwards . any

nurses,

soldiers

at

the

in

steamer. Treasury. carried

(relating

of

heard

witness

had,

led

possible

the

imprisonment right Crompton suitably dismissed also

at

merchant,

the

at marks, particular,

on of

as

munitions

164

Castle” Hagemann, statement

Convention)

and the

to

the vessel been

namely: its

She The

There

according

the

beginning

munitions a Judges:

draw when

to home

the

sick

she men,

total Thring,

Port

public

by

to

expert,

one

to

which

fitted

never

Court

26th

wear

used

con

the was was

saw

can the the and was

at

dis

the the

to

no

80

of

or

of of

of

•depth

-slight

these limits weather as from fallen port has that lose ment, port advised hospital But point of and as Both got Chapman, of of national not the In mand British the witness. explained on ships, had which, bidden dovery Boldt his even The sequently necessary The with In south-west saw Of Heather- 3 10

‘Liandovery

and

the

regards undamaged 52

minutes.

well

this

The those The particular

In accordance

evidence.

not away

lights

require

he been

Nos.

his

accused commander

sinking side ship. side by

the

numbers).

official persons. were

we ill

could

had of

rudder. swell.

which into the 5

boats

the

however,

suspicion, was

to Castle,”

torpedoing men

as

been in

head

of

not

torpedo a assisted Governments’

Law, ships

saw

statement were on have

and pursuing

7

The undamaged

measures.

torpedo

certain

by war the prescribed

given

second. in

the promoted

with

munitions.

and

evening of which

of

to

Other

not

board

who

on There to were

sources of made

Dithmar

Nos.

conjunction

the

while Fastnet damaged the

evidence

Castle”

number

a destroyed

he boats

on He were now

starboard

be

with

Only has

1, the

the

him do

orders

take similar

capsized,

of

life-saving

Chapman, he

were

land

barred

opinion, or struck

the circumstances, seems used

verified

hospital for

saw 5

were

only clear) the

witnesses impressed

under

U-boat

sO starboard Patzig

of the

of decided

ship.

being and

3,

in

were,

two

International

Confidence for

the

with captain.

a

more

majority

(Ireland),

was

Murphy,

of

saved

“Liandovery and by was five that

has

27th

belonged

the the

long for

He,

interpretation

24 19

use

ship

to area. by-the

that

7

hospital boats

boats

the

of

accuracy

consideration,

with

so lifeboats founded in the

however, (No. used

two

the the recognised ships. persons also

Lyon

However, 86

conning boats ship

sunk have

than hosp

to was therefore, who

them time,

operations.

June,

that

was from

these

the

she also

side,

was

“Llandovery

accused transport torpedo

first

However, which (which

of

other

on

of

explosion 11, 1st

by

His

for to

can,

to

being

tal saw Court

was

in and

lowered

23

expected had sinking,

the ships

only at

(described

According

them the

several

three First-Lieutenant 47

on

according were this

such a on proceedings), saw Law, class

of

1918,

tower,

officer transporting

the

successfully

Castle” ships

the

persons.

present

therefore, torpedo

No.

got

evidence, from second boats

particularly

various the American

board.

which

he

“Llandovery

presumed

made

three as the

category of

Dithmar

by

an latest Atlan,tic saved,

starboard were

(marked

this of

seaman,

There

had

3. a the Patzig

awai

at of

were

from

occasions character but

the the of

ship;

the

(what

quiet,

the military

extent

on

the

got as of

to Two

about area cannot

both

he from

officer

the whereabouts Castle”

helped information

plunged, Each German

that

when

accused

the

Some -

be

only

Tenth

him, 234

safely. the the

it

cutters)

said

statement was

torpedo. airmen

in lowered. was

knew

away

that and that,

clear-headed that troops

with

Ocean,

was grounds watch,

boats The

placed

may

to

the

by

that port

spite

could having boats

starboard

“Llandovery

he

shewn

Patzig, 9.30 to

on persons

of acting capsized). she

Castle”

a

be

to

the

of.

Hague

the

a

the German

Hague

this on he

German

odd safely. light

amidship

coolly be U-boats contrary the Boldt

be by

long

board This lower) on side

got verified

she

were

the

exhibited

of

and

unhesitatingly and

about

take German

saw (local

the

sunk

witness (including

A

safely state

he The

-board. that his conclnded arid

the

been of against

numbers) are

ship,

away

who

sank

wounded

way

(marked breeze boats

is good

do

smaller,

combatants, Convention, being Convention,

took the

that

enemy

had

the having

side, and a

the Naval

got

This sufficiently U-boat torpedoing

favourable

was

within

he

unknown.

maximum Abrahams time)

were 116

of

drowned.

not and to which

was

from

in

from

lowered. -

Castlp.” and

accused

at on

number

for reliable

witness

“LIan Popitz.

clear did

Nos.

orders.

Aóting on

all excite

two

at and Inter

aware

tallies

about

miles

some agree

Corn

dusk

been side,

were does sub

with

that

this and f

and

the

the the the

the

the the

not the

86. the

or- -

he

in

of

of

1, - a 48

port side. In one of them, when it left the “Llandovery Castle,” was the captain of the ship, Sylvester, who has since died; 10 other persons were also in his boat. Later it picked up 12 persons, who were swimming about in the water. In addition, as will be further explained later, one man from another life-boat was handed over by the U-boat. This boat ultimately contained 24 men, and will henceforth be referred to as the captain’s boat. It was the only one whose occupants were rescued; its occupants are the only survivors of the “ Liandovery Castle.” According to the statements of the witnesses Chapman, Abrahams and Murphy, it bore the number 4,. whereas witness thinks it was not No. 4. In addition to the captain’s boat, another got clear from the port side, and it had in it the first officer and five or six seamen. According to the evidence of the fourth officer, the witness Barton, this was the port cutter. It is quite possible that out of these five boats which left the steamer safely, one or two may have been drawn into the vortex made by the sinking ship. But the evidence has shown that at least three of these five boats survived the sinking of the ship. The witnesses Chapman and Barton saw them rowing about at a later period, as well as the captain’s boat, the port• cutter and boat No. 3. The port cutter was manned by the first officer and a few seamen. That boat No. 3 got clear away is proved by the following facts During the examination of the captain’s boat by the U-boat which will be described later, the latter handed over to the former a man belonging to the medical staff, who was not originally in the captain’s boat. According to his statement, the boat on which he had been had also been stopped by the U-boat; he was taken off and detained in the U-boat. He gave the number of the boat in which he originally was as No. 3. This agrees with the statements made by witnesses, who say that No. 3 boat got safely clear of the ship. That the man did not come from the first officer’s boat is shown by the fact that the latter, being a port-side boat, bore an even number. No medical corps men, only seamen, were seen in it. Thus, after the sinking of the “ Liandovery Castle,” there were still left three of her boats with people on board. Some time after the torpedoing, the U-boat came to the surface and approached the lifeboats, in order to ascertain by examination whether the “Llandovery Castle” had airmen and munitions on board. The witness Popitz, who was steersman on board the U-boat, took part in the stopping of several lifeboats for that purpose. The occupants of the captain’s boat gave a fuller description of this. It was called by the U-boat, while it was busy rescuing shipwrecked men, who were swimming about in the water. As it did not at once comply with the request to come alongside, a pistol shot was fired as a warning. The order was repeated and the occupants were told that, if the boat did not come alongside at once, it would be fired on with the big gun. The lifeboat then came alongside the U-boat. Capt. Sylvester had to go on board the U-boat. There he was reproached by the Commander with having had eight American airmen on board. Sylvester denied this and declared that, in addition to the crew, only Canadian medical corps men were in the ship. To the question whether there was a Canadian officer in the lifeboat he answered Yes.” Then the latter, the witness Lyon, doctor and maj or in the medical corps, were taken on board the U-boat. On being told that he was an American airman, Lyon answered, as was true, that he was a doctor. He also answered in the negative the further question whether the “ Llandovery Castle” had munitions on board. Sylvester and Lyon were then released, and the latter was told by one of the U-boat officers that it would be better for them, the occupants of the lifeboat, to clear off at once. Captain Sylvester said later that he also was told the same. The U-boat then left the captain’s boat, but, after moving about for a little time; returned and again hailed it. Although its occupants pointed out that they had already been examined, the captain’s boat was again ron [‘he Drt-side is a ther it a, he ie ore ry is .t t tions .tion ts ‘his .ptain’s Lip. it from )f s boat, ae i, man iich ig th ,“ U-boat ad, U-boat. It in’s d r that ter e later,

examination

that in

rder me tain’s

bore

made

off

addition

other

a the

its

ir then

he

of No. who

the were American by

occupants L there following to

the to

a

was

it

man Castle,”

swimming

moving

were

boat. boat alongside left occupants

at

to these

and

answered

occupants

To was the it ‘e the captain’s the

the doctor. took

No. the

the the on oat.

,as

one

3.

fourth

request

by

were

boat,

persons came

the

which would

seen boat once.

boat, been called

medical were

belonging the

the

then board. first Barton

statements There

repeated

first “Liandovery the ultimately

first number

This an to surface

man 3

five

part

According

captain’s

about

swimming was

airmen boat the

facts

steamer

He

are in the alongside

was American

stopped sinking

officer,

whether still

bore

officer’s will be question about at

to officer released,

He officer boat.

by

“ from

agrees boats were Captain

of

pointed he

in it.

the port•

gave

the corps, saw Yes.” better

come

once, crew,

again The and

left got

for 4,

the

and. was the be

the

to also

an

on

a

I

k,.

4

(.

the

obliged had that The munitions board were for passed

thought when however, by Its refuted the the

nection,

had time accused

brought

The get

took

noticed from flash firing the

ast1e” During 29th search English about. searched “Lysander.”

captain’s

shown continued

more passing remained

the

According Ney,

lifeboat

proof Popitz deck submerging the

without The

occupants

second a

After

direction

The

been second away.

special

lifeboat the

The

again

intended lifeboat,

After

the

captain’s time.

the

the place command quite

at

was

June,

to by,

Tegtmeier

during

survivors

to entirely. was U-boat

by

that

cannot

captain’s almost

out violent

however,

the the

The by, accused and

a sloop no firing

U-boat. U-boat come

9 passing

the

on be

and

and

made at

released. fruitless.

boat.

particularly

touching time,

the

But charge in the miles close

until

to obtained

conclusive any

saw

this

mouth which

made the

29th

in board

a

feared area,

“Snowdrop” “was

Knoche

which

another

the

at

their fourth

alongside

boat.

position “Snowdrop” The from very

soon

be

during at

after

was

examination

noise

a point

the

and

to rather boat nothing participated U-boat

were the

and from the

by The

boat

The the

made The the big

evolutions brought

for

where

June,

the

given.

crew the

it,

statements

of lest

the

differently near

had returned,

the

a No the were

The of

morning, evening

officers

time

It Kass, bore was

the expert, took

circle

in

same

question

brief direction; cruised first

the it found. the

U-boat

evidencie

the boat violent

points ship, of

the

lifeboat.

the

answerable, they

wanted

other

was U-boat

were

support

second hoisted the more was target.

the

other U-boat

subjected

the

caused

Whether

the

spot

gun

against

two

to part

found

period, misuse interrogation U-boat.

and who time,

was

and boats of as

also was

in might

of

Corvette

commander

of steered

taken

about

sail. took

boat

and

number

against

sink

one.

of

worded,

a

and

it shells lifeboats

the

on does

any the

of

the

to

again was time, the in

were

portion of a

went the

empty, After four

49 The by

so an about heard

completed was

this,

them

rthé the which from of made

ram

sail

at from these

the

the “

to the be

According

explosion way even

on

The

U-boat, for

that,

1st

T1ier

not

undamaged

not the

passed

U-boat.

slightly Llandovery

the

the

members

occupants made

American the an a

Capt.

6. occupants mu

away

firing assumption

board in

such

interrogation, found

although

it flash some

lifeboat.

thorough

the

of by

July, witnesses,

12

the in of was

actual

only

straight

explosion

if

need

but

intention

the

last “Liandovery of

of and

as the

U-boat disputed

the

Otherwise

down.

the the

the

to

the

over sunken

straight

as Saalwachter,

during “Llandovery and

had the

the of that the

36

and sideways,

“Lysander” had

when moment noticed

in

the

meantime,

thus

to by

“Liandovery 14

to

management crew commander

words

of

“Below,”

witnesses the

hours

destroyers

boat of

the

of

the expert

uniformly

ceased, disappeared Castle,” observations

English shots

for and

Englishmen.

the

be

there the once

The

the

Chapman The been

that

command

to

of

the the

this

destroy

ship

the exploding

the

of

lifeboat.

for

the suspicion

and settled, the

were

boat

the

of close

by

ram.

altogether.

crew

when

the

boat

English U-boat, boat

evidence

fell Castle.” more

at so

also

and

ship holding the must

occupied, the might

search

the

the

captain’s endeavoured

Popitz,

the maintains were

boilers.

confirm Fleet

that

Castle” that

used

U-boat left

had of examination. all

systematically

of it. good

lifeboat,

Castle.” noticed

of

and nevertheless

approaching

assumes, “Liandovery pointed

In

occupants

went

went

occupants

as

the from

“Ready

witnesses have

Then

the shells

made

told. cannot

the

to

be

particular

taken

however, it

which

this

There found

or

destroyer

caused

Witnesses up

the

Barton,

has

weather,

its

U-boat

Knoche,

passed

drifting

were U-boat.

whether that

On

as boat.

down

and

away.

They

boat,

sight

been

firing firing

of

that

con

while

were

fate. two

but out

The

not

The

on

the was

was the

be

is,

the

to

the

of

no

for

on

no

do

of

a 50

not recollect. At all events, the whole of the crew went below deck as is the case when the order to be ready for diving is given. There only renainecl on deck Commander Patzig, the accused, as his officers of the watch and by special order, the first boatswain’s mate, Meissner, who has since died. It is doubtful whether the latter first went below and was then called on deck again, or whether he remained on deck. At any rate, the witness Knoche, who had the same post as Meissner when the boat was under’ water, never saw him again in the control room of the boat, The statement of witness Ney, who is supposed to have heard from a third party on the following day that Meissner had been ordered on deck, because one of the officers had hurt his hand, is not sufficient for any definite conclusion to be drawn. Moreover, Ney knows nothing about Meissner, only having gone on deck after the firing had begun. Firing commenced some time after the crew had gone below. The witnesses heard distinctly that only the stern gun, a 8.8 c/rn gun was in action. While firing, the U-boat moved about. It did not submerge even after the firing had ceased, but continued on the surface. The Prosecution assumes that the firing of the U-boat was directed against the lifeboats of the “Llandovery Castle.” The Court has arrived at the same conclusion as the result of the evidence given at this time. The suggestion that firing was directed against some enemy vessel p which appeared suddenly on the surface during the night may be at once dismissed. It is true that, according to the report of the expert, Corvette Captain Saalwächter,it was advisable to have the boat ready for submersion, ‘and accordingly to send the crew below deck, as after the torpedoing of the “Llandovery Castle,” it was necessary to reckon with enemy operations, which might have been the consequence of a wireless call from the sinking ship. He also states that it has often happened that a U-boat has fired a few shots at an enemy vessel coming in sight, so as to make it retire or at least to delay it. But what remains inexplicable is that, if there really was an enemy in the neighbourhood, the U-boat wa not submerged at once after firing, in order to evade the attack of such enemy in the surest way. There is absolutely no evidence that there were any special circumstances, which would render impossible or superfluous the readiest method of escape, which was submersion. As regards the firing, the fact that diving was not resorted to thus acquires a certain amount of importance, although the command “Ready for diving “ is not always, or even generally, followed by submersion. The further possibility must be considered that the commander of the U-boat may have been deceived by some object floating on the water, and that he may have ‘mistaken it for an enemy vessel. Such deceptions do occur at night on the open sea. However, they would but seldom occr in the case of an experienced commander, such as Patzig is reported to be. And it is hardly likely that such a mistake would have induced him to fire. It seems impossible that the conduct of Patzig was founded on such an error, if we consider the circumstances, which point to deliberate firing on the lifeboats. In this connection we must refer to the opinion of the actual witnesses, both English and German. With the exception of a few German witnesses, who adduce nothing to the contrary, but simply abstain from expressing any opinion at all, they all, from their own impressions, describe the firing as being directed against the lifeboats. In the case of the occupants of the captain’s boat, the fact must not be overlooked that the impartiality of their opinion may have been affected by their excitement as the result of the sinking of their ship, and by the mistrust, which was prevalent on both sides during the war of the enemy and his method of carrying on war. But it is all the more significant that the witness Chapman, whose clear and impartial attitude has been specially mentioned above, did not at first assume that the two shots, which went far over the captain’s boat, were 51 vent below deck, as is directed gainst it, but that he finally became convinced’ that the firing There only remained from the U-boat was intended to destroy the lifeboat, because of what he ers of the watch and, subsequently observed. -r, who has since died. The crew of the U-boat have the same conviction. ‘During the following and was then called days they wer,e extremely depressed. A subsequent collision with a mine, any rate, the witness which placed the U-boat in the greatest danger, was regarded as a punish i was the boat under’ ment for the events of the 27th of June. is to be taken into The statement t certainly boat. consideration that experienced crews, as is well known, easily believe-mere ia third party on the rumours; but here also we have again two witiaesses, who, by virtue of ck, because one of the their position and their personal character, must be regarded as apart finite conclusion to be from the rest of the crew, and whose opinionistherefdre of special value. ner, oniy having gone nl some time after the The witness Poitz, though a helmsman, was acting in’ the U-bo3t as ly that only the stern third officer of the watch. In his previous examination he gave his evidence U-boat moved about. hesitatingly, and it was only after he had been sworn that he committed but continued on the himself to an unreserved statement. In this trial he has given.the impres sion of being a quiet and cautious man. He was on deck when the lifeboat was hailed, but went below before the order to prepare to dive was given, U-boat was directed in order to work out the position where the torpedoing had taken place. The Court has arrived After this, he lay down in his bunk, as he was no longer on watch.t From given at this time. then onwards he heard the shooting.. He enquired the reason from a t some enemy vessel member of the crew, and received the reply that there was nothing the night may be at once matter and that the crew were to remain below. On account of this the f the expert, Corvette witness did not go on deck, although that was-his post in the event of a ready for submersion, fight. Under these circumstances he took it for granted at once, as there th ‘lrpedoing of the was no question of any other enemy, that the lifeboats were being fired at. rith my operations, The witness lCnoche was the chief engineer of U-86. He also was call from the sinking below when the firing took place, but he also assumed that it was öonnected .t a U-boat has fired a with the lifeboats. He says that he set the’idea. aside; as he did not at all to make it retire or at like it. He did not want to knàw what was going on on deck. Some days hat, if there really was later he was talking to Patzig about the occurrence and told him that he ot submerged at once could not have done “That;” Patzig answered him that he could never my in the surest way. do it a second time. It is tuithirikable that this conversation could have special circumstances, related only to the torpedoing of the “Llandovery Castle,” and not also liest method of escape, to the subsequent shooting which took place, even though the witness now diving was not ct that says that it related only to the first occurrence, - namely, the sinking. )rtance, although the generally, followed The evidence of the witnesses brings out a further damaging feature of en importance, and this is the behaviour of Patzig as well as of the accusedi Only slight importance is to be attached to the fact -that the latter, on the commander of the finding that they would be called as witnesses, when, proceedings were first ting on the water, and being taken against Patzig alone, refused to give their testimony, on the Such deceptions do ground that their -utterances would lay them open to the danger of punish mid but seldom occir ment according to law. But it is very much to their prejudice that, in the itzig is reported to be. further proceedirgs, and then also in this trial, they have refn,sed, when ye induced him to fire. called upon, every explanation on essential points, on the groun,d that they s founded on such an had promised Patzig to be silent with respect to the occurrçnces of the

• to deliberate firing on 27th June; 1918. The accused, Dithmar, has only added that he disputes the fact that he did anything deserving punishment. In the course of the proceedings, he also pointed out that he never operated the after gun, f the actual witnesses, witnesses, which was the one in action. The accused Boldt has said a little more. few 1erman denied having fired. He )st from expressing He likewise repudiated any guilt, and specially the firing then, went on to say that, whatever part he took in the events in question, ns, uescribe he was always under the orders of his commander. He says that it was yf the occupants of the for which impartiality of not known to him that these orders contained anything punish at the ment would be inflicted, or that by carrying them out he ren,dered himself ement as the result of liable to punishment. was prevalent on both d of carrying on war. This refusal of the accused to give any adequate explanation of the pman, whose clear and matter might, perhaps, be understood, if it were only a question of a decision bove, did not at first being given with regard to the torpedoing of the “Llandovery Castle.” ie captain’s boat, were But the promise of silence which, according to their joint testimony, they

the

at

constant if

always

position

of

boats,

visibility—may

evidence.

that

be

way,

negligence

in

compels

this

this

prisoners

the

to

prisoners,

to

he

tainly

him.

was

covered the

Patzig he

necessary

the

He

requested

with

proceedings

endeavoured

the

quite

ways

The

has

matter

route log-book.

them, “Liandovery where

that

of

deavoured

without

any

maintain,

lead

the

have

as

gave

the their

avoided,

them,

officers

The

was

The

effect

would

incident.

laid

part

in his the

kind

events

following

directed

U-boat

Similarly,

already

isshown

promise

regard

other

he

evidence,

“Llandovery the

which

It

well-known

to

ari,d

would

taken

Naval

in

there

speaking

in

been

detention

to

the

the

own

risk promise

“Liandovery

emphasis

could

the

on of

if

does

that was

the

must,

this

which

entering

chose The on who

be

to

them Patzig,

possibility

a

their

silence

which

board

impression

torpedoing

is

mean,s

way,

He

to

had

of

efforts

the

commander

subsequent

to

he

might

had

by

entirely

the

draw

responsible

been conclusion

expert have

also not

to

they

speech

by

by

to

not

day connect

the

firing

were

something conceal

has

Castle”

the

is

to

can as

to

to

the

opinion

which

he firin,g

approached

bind

it

on

the

a

part

regard deserve

maintain

a

been

in

fact

could

very

extended

conduct

furnish entirely

into

pursue.

them

U-boat.

the

and put

of

attention

cannot

should alluded

say

to

have

even

found

events

board

refusal

suggest

ship,

has

his

in

Castle,”

threat

may

on

against

of

Castle.”

releasing

to

that

explain

of of

on

him

occurred,

the instituted

Naval

nothing this

in

the other

much made

speech

prevent

that

towards

himself

was

also

firing.

the

about

becoming entered

their

been

the

to

punishment

silence

Patzig

showin.g

the

have

the

himself

keep

miscarrying.

complete its

be

of

within

all of

to

with

accused

silence,

to

U-boat

So

made that

event.

There

also

God

the

torpedoing,

wrong,

to

Pat

boats

to

they

the

imagined

matters.

adopted the lifeboats.

a

true

to

U-boat,

a

was expert

away

it,

the

object

it

recognise

on

made

silent

about

admit

his It

speech

the as

better

them

zig

lifeboats

are his it.

the the

so

on

to

The and

a

lifeboats specially

is

against

27th

placed

when

a

his

the

is,

not

is

also

light.

events

guilty

conclusion

on

known,

not

that, can

which

the

crew

(the subordinates

the

proof

the

Boldt track

fact

the

He

not

But

remainder

discredit

clear 52

therefore,

no

points

did

until

to

view

power

the

being

that

from

is

fact

as

a

chance

that

a

to

June.

have

only

incon,ceivable

made

chart

real

the

circumstances,

subsequent

How

not special

his Patzig.would

witnesses

that If

entirely

is

the

it

dark

actually

in

method

as

his

only

and

of

them.

a

happenings

them,

of

If

that

carin,ot

he

had

exacted

the that,

the

unusual

should the

of

the

long denying

the

no

the

the be

captain’s

own

attained

of object

out,

to

their reason

it precautions

force

an

no

extracted

had

behaviour

easy

of

the

of

of

of

He

night—though

whole end

explained

importance.

not

firing

nothing

agreement

by

covered

correct

mention

of

official event

27th

result

for

in

way

incorrect the

success.

deliberate

the

en,try

conscience.

from

satisfactory. necessarily

But,

take

have

whereby

called

thrown

be.

crew

destruction.

the

Potts

the

of every

and

it

from

of

of his

to

what

the

events.

inexcusable

U-boat,

episode,

June,

could

the

that distant

was

in

the

of

certainly

boat

of

the

place.

of fear

crew

on

He

course

merely

request this of

st

this

remarkable

enquiries

that

been firing

no

from

of the

of them

the

the

the

on

extended

and

the

war means

had

firing.

the

hand-grenades it

statement

But

to

himself

of

Patzig,

overwhelming

gunfire,

and

was intention

there the

this

the

more

be

promise,

opinion

of

A

previous in

sin,king

the

the

be

two

from

way

fire

hidden

torpedoing This

and

with g.

as

taken the

Crosby),

contrary,

with

on

This

It

as of

together

there

promise

explained

the

have supposition,

for light

the

to

The

stopped,

Perhaps,

nature

given

he

torpedoing

set

Although

accused

is

which

signs

the

shooting

than

on

was English into

that

admits

accused,

in

explain

which

the

can

regard

further.

can

he

silen,ce

U-boat

about

j1y

has

vessel’s

good

forth

place,

only

when

was

found

the

of

of

the from

of

can

boats,

after

day.

cer

spot

by

a

of

to

the

only

only

it

the day,

of

the

the

on

he

on en

he

to in r try. ring. uniire, d ble rhis he igh t, y e and a ing. promise, aore m,ded .ns te e t :ion. himself iarkable in .ly .ries :he he le, Ld ;his of sinking ar est tement hand-grenades e from n ely

But

This pre

ov

on opinion

to Patzig,

intention

explained the

A the

light

contrary, was there two hidden t

be of supposition,

It the together

with the

Crosby), have

and

as

torpedoing he accused

way

torpedoing the fire for

promise as

to

nature ..

there Although can

than which

is

into

The

can

given

the rth accused,

shooting “us

Perhaps,

set

further.

stopped, a has

helming vessel’s

English

signs

explain of U-boat

he

that hardly

silence admits

boats, regard

of of on

found

was place,

in

which about

when

after forth only from

only

day, spot good

day.

only

cer

the the the the was en

can

the

the

to

he on he on in

by

to

of

of

it

a

The any position looked the in taking it achieve the position as if tioned, further ness the the carried false given account of account of U-boat, other have brought sinking bring target, It the establish), boats men into had only on It search were efficiency The captain’s These, so easily until There was carried description discovered.

Llandovery

the would

the

the was,

their is has

If On The far

the

lifeboats,

“Liandovery captain’s

explanation

special

English

direct evidently, news

can of the

discrepancy conclusion then

entries

only

wished.to the

of powers, finally

states,

escaped ship

passengers

be

night.

is,

that already

however, sole was these

was

out therefore, as

his Court this of out were and

boats, his

prejudice of for to

relations must

the

be

be

vortex

29th

due

therefore, boat

of

in

the

of on the

became great

two observation

state

personality.

after endeavours made responsibility

fired it

circumstances how

by

without explained.

who, which

object. in prisoners

the the

and

The our

German various

that

intended, the it

boat

finds

to this

Castle.” was

have

when The

“Liandovery

events.

of

the

been which

having five

which

prevent possible,

of

reaching

at open of of long

question what on

a

difficulties his

U-boat

therefore, there

empty

in in in June, answer

Castle”

necessary

with

were

riot

the

basis known

mistake. log-book rowed

that attempt

was

the

the the

the

been

warships, with

the

the the the

mentioned,

no fruitless

effect.

This

grounds

a

on sea Government

by

was they until

was regard

time international

still With of to

other

unholy time reason sinking

it 1918, having Patzig given

boats neighbouring

boat, that this,

ship

lifeboats,

in reports He

the

board quite

crews

is

where

for

is

away illusion England. their

is the

(the

were

prove of

rescued,

view the

could

to had

neutral, .to after

of would

asked—what

may

beyond and

were

Castle”

This

he big

reference

In

sank. the when, this

‘‘C”’.’ the examination

by

powers.

without

the which

effect to legality

of the be

why

well were

get

possibility wished renders the

fired decision.,

steamer, regard

very

only may

had seen

to any

of

the

about

gun.

have wiping fully the the the

it, not

deed.

found behaviour

could

must

case. Court

some

U-boat rid 53 be

what

several U-boat the

the known

after into

all

should

of

In was

been on chart, the case,

the concerned.

He and to war

position easily misuse position

proximity

great.

waters.

argued caused

describe

a of to of

to The

the

doubt

to.his

the effect two view it Irregular

be in

be,

be

in

trace of out

perils the This has

has

which encountered As

they which

them, may abandoned

them,

the

was heard.

can

very

keep

cruising the

that order

of

did

to

were

the

considered times

known.. fire,

which

whom number however,

number n,ot

be

missing

has

of field

all

of of been

decided

the

The

latter to

that,

that, to

have

fits Patzig,

over

where

boat

of

had

it, position

not, of not of

This

explained

previous

improbable

Patzig

the he, he this the this the

if

traces Patzig himself

have,

not

to

would the

been

torpedoings the

either were

boats.

against

into

in have win,d

The Germany..

Patzig

stated

had

around.

that

meet

came in

even have

rowed sink

induced

if

fact

danger which

had

of ip, search

able

fresh of Herein quiet

with

it

boats,

German of

boat sea

that

by view

when

it

remained

allowed

in,

shown

the

and

complications of

been

universally attained was

the already and

but

that,

in

they

of form

them.

must though

torpedoing

been, did

with

the”

surrounded

to to by

conjunction desired

her.

did

his by

was

the

away, was case

and the boats

the

of the

of

was

of

short

that of

two

one as sea found

is Patzig give

and

the

The

not

on

could the if

not action. the

above,

Government picked had the an being not

to full

to descriptions

the This not

Snowdrop,”

,seen lifeboats Patzig boats

well

the

to

might thoroughly service,

were

This been

takes

no

board

seaworthy witnesses.

his

boats

get

the and a

approach

promptly fact

and duration, ‘excellent

to

fruitless

be darkness

wish

be

captain.

prevent success.

and accused

already

defipite

abl&to

sinking to

witness

be

known

by

of

as

drawn home.

object might

found

them. avoid

is

firing calm.

over

three being their men

up,

with

that

with they

may

sink

into

in

still The

the

the

can the

the

the the

the

to

of

a

a 54

“snowdrop;” was not the boat, No. 3 which was, without any dispute, proved to have been stopped by the U-boat. If the boats had not fallen victims to the gunfire, it is certain that they must have been found by the warships engaged in searching for them. For their disappearance the U-boat must be held responsible. For the firing on the lifeboats only those persons can be held responsible, who at the time were on the deck of the U-boat; namely Patzig, the two accused and the chief boatswain’s mate Meissner. Patzig gave the decisive order, which was carried out without demur in virtue of his position as commander. It is possible that he asked the opinion of the two accused beforehand, though of this there is no evidence. As Meissner was the gun-layer and remained on deck by special orders, it may be assumed with certainty that he manned the after gun which was fired. In the opinion of the Naval expert, he was able to act without assistance. According to this view, owing to the nearness of the objects under fire, there was ho need for the fire to be directed by an artillery officer, such as the accused Dithmar. The only technical explanation, which both the accused have given and which fits in with the facts, is that they themselves did not fire. Under the circumstances this is quite credible. They confined themselves to making observations while the firing was going on. The Naval expert also assumes that they kept a look-out. Such a look-out must have brought the lifeboats, which were being fired on, within their view. By reporting their position and the varying distances of the lifeboats and such like, the accused assisted in the firing on the life-boats, and this, quite apart from the fact that their observations saved the U-boat from danger from any other quarter, and that they thereby enabled Patzig to do what he intended as regards the life-boats. The statement of the accused Boldt that “ so far as he took part in what happened, he acted in accordance with his orders” has reference to the question whether the accused took part in the firing on the life-boats, He does not appear to admit any participation. But the two accused must be held guilty for the destruction of the life-boats. With regard to the question of the guilt of the accused, no importance is to be attached to the statements put forward by the defence, that the enemies of Germany were making improper use of hospital ships for military purposes, and that they had repeatedly fired on German lifeboats and shipwreclçed people. The President of the Court had refused to call the witnesuis on thpse points named by the defence. The defence, there fore, called them direct. In accordance with the rules laid• down by Law (para. 244 St. P.O.) the Court was obliged to grant them a hearing. What the witnesses have testified cannot, in the absence of a general and exhaustive examination of the events spoken to by them, be taken as evidench of actual facts. The defence refused a proposal for a thorough investigation of the evidence thus put forward having regard, particularly, to I the opinion of the Naval expert, Saalwachter, that throughout the German fleet it was a matter of general belief that improper use of hospital ships was made by the enemy. It must, therefore, be assumed for the benefit of the accused, that they also held this belief. Whether this belief was founded on fact or not, is of less importance as affecting the case before the Court, than the established fact that the “Liandovery Castle” at the time was not carrying any cargo or troops prohibited under Clanse 10 of the Hague Convention. The act of Patzig is homicide, according to para 212 of the Penal Code. By sinking the life-boats he purposely killed the people who were in them. On the other hand no evidence has been brought forward to show that he carried out this killing with deliberation. Patzig, as to whose character the Court has no direct means of knowledge, may very well have done the deed in a moment of excitement, which prevented him froM arriving at a clear appreciation of all the circumstances, which should have been taken intQ cousideration. The crew of a submarine, in consequence of the highiy dangerous nature of their work, live in a state of constant tension. This xnt I veil er xi ;hout ii I, :ticipation. ,vith )idt riot ccused iere ance m ) d vho )f rider .‘y ie German )spital lefence, I hat he, ig ht ield g d, hem, ft selves elmer ave frov’ ert ut d have rorn s énce Patzig, he

art

e of of

them his

had

the In have

whose to the

the for

particularly, refused assumed no laid defence, found this for Castle” from their

According any

the

a also hospital two

have tension. fire. were tnat the

the responsible, in, the

was

his show position the

Clause arriving life-boats.

of the

general’ importance

be not

Penal given a any to

case the

lifeboats, Dithmar. been a the

belief dispute, ships intended was the down,

assumes thorough decisive the

accused lifeboats orders” the that position

opinion taken accused no U-boat character making

hearing.

by

done in German

Under fallen

to that

benefit

there so other firing before with at need

highly

them. two ‘

taken Code. and the ships fact

the

10

But ‘

the and call far

as This was to at for

the by

the

to as

he

of

a

fr

is

‘power case judgment. hospital thope

-the were

he .a possible being rightly this

in pressure

did

forbidden. the has the for In .gality Hague the

accused the already is attached ‘must ‘because

be of law, ignorance in ‘therefore, law, of be doubt be his already law. accordiug accepted fact deliberate only Code.) others

liable

small

his

called in war

Nations.

In The

well-known Any,

applied this not

made question, the to boats. example, killing

did The will of

Patzig intentions. present

was

as

which

accordance able of

to

wishing mind was in

view

be

on -chance described regulations

can on the

allow to

for ordinary

of well not

who ship, firing knowledge, pointed

their persons

this

of violation arrive two

been

deliberate

in to in

on

the taken

land

that circumstances,

is become to no of to

only the him to exist He

intention commander,

is of

restrain

It the of vain.

as in

very a

instance

war

The

accused took order

para. himself how if

shipwrecked prove the with having here question such

to set the

sufficient on

of

had is

the

the this at to State this

the to

the

liable into deed. as out, *ith were

The

with course hitting

support

insufficient fact certainly

case

the

the a out. time

of far-reaching obtain as

greater involved, he

actual part imprudent.

killing to 47 In all

state

does deed

case,

(in calm

state

inmates that the him

a

that account,

the to

time

to accorded

affirm

regard

knowingly doer, well decision that

-to could decide of at

the spite boats

its

punishable

cf the

The

It excuse. war decisions

in

of who kill,

the all ambiguity

from present not punishment was he which

of any law it

decision.

circumstances killing him

makes of of if characteristic

to aware, conditions is possible people,

his

duty apart this sense

the

proceeded kiiiing

Patzig’s was

affairs of

Military

avert on is a to unarmed

of

was quickly: material. is not

ecitement, free

think is

carried

confirmation

of

the the

torpedoing

therein. rested deed

simple the

him effect

the land,

not the In tended boats.

responsible

deed

before being

involves In are

nations

assisted war,

proved from implied

of

when an

the

act, 00

execution the offence, the

who

most of in

question

the to

is their examining

life-,boats proved He of

guilt

decisive),

Penal great para. of as out with and

and offence enemies

a the

(whose carried in enemies

accused darkness

imagin.e

acts points

he

evil many used

the

had specially

matter The they violation

This have his

accessories. of

A

markings, a minute in

that

support of in is Patzig on

which had takes such

limitations

present

so

manner

the

direct Patzig of

Court. 23

Code, of

against universally action.

importance consequences

warfare

killing

fact said

for

of para

for consideration,

of

his cruised laws

far

his taken to against

of

carelessness, they

in take out (c)), only to

the

case, is

its

from over,

a

exceptions the of

place, the

the improper

that, investigation, responsibility, the

in as that to not war under assumption..

if

act

of

violation act

211 in the

as applicability.

as question which case,

his contrary

The

the

were in similarly

in in part the this deed

must in,ternational: deprive refuge

is,

act. consideration around the

allowed so guilt. rules to quickly. the

(Para.

is

of

night

imposed he

the

so of as

general,

the

orders. particularly

execution, known.

rule

as little in

the have accused. the

as

killing, killing,

in

in manner, the far the wou1

explained cannot

commander.

be

of

Several law in accordance purposes.

the to

o expectation however,

in Patzig the

of of there agreement

to

of legality

49

Patzig

and circumstances

It

borne as in Naval

which Penal

was his

(compare frequently

this

international the

life-boats,

the international

international

a Then,

by Under Senate it o of

such war is fight.

the torpedo It by No

following

penalty

definitely of. examined The was

which error

law was

the the existence They

true

law the natiors. rule, that and

in factors

must

the

possible careless above, in an expert of

Code). accused

at

or cannot

killing arose

mind,

only

Court

Penal must idea this

with Ths the the not order

Law has.

But sea, as with very

ile

the the

that

The he

are, of as,

has

a

to is

is be

is -

a

shipwrecked

punishment

severe

justifies

innocent, thing

obedience

could

A

order.

orders

mind

witnessed

Penal

dovery

attain

refusal

that

not

desist

can

para.

in

against

the

avail on

of

It the

the

liable

his

course

to

German

President

his

have

gathered, the

that

refusal

one were

nothing

was

to

the

body,

fidence

ordinates,

superior

of involved

liable

In

According

punishable,

appears

a

these

The

a

obeyed

the

do

superiors.

course

The

point

time.

so

Patzig

subordinates

not

the

the

occupants

special

that

misunderstanding

Code),

is

estimating for law.

the

sentence

from

his 11 this

precisely

refused

well

to

unusual,

Castle.”

the This

things

on

of

defence

him.

including

Navy

not

to

bring

i4eas

to

of accused.

accused

to as V witnesses,

the

the

object,

can

fleet,

accused

punishment,

else

a

was

the

the of

of

that

aware,

them.

officer,

recognition

under

from

piishment,

his

the

of

the

They

people

obey This

would

fight

Military

that

has

legally

would

degree

they

the

accused,

view,

affair.

to

be

which

but

the

principal a

Although the

themselves

to

to

on

part

purpose,

infringement

in

one

the

must, Military

neither

The

that

finally

fight,

No.

held

the

This

District

namely, happens

been

the

they

the the exceeded

obey.

also

did

the

that

para. as

to

case

acted. can

the

a superior

and

have

This

which

is

It

of

have

impression

authorised

be

Vice-Admiral

breach

of

the

statements

it

are

order

carry

authority

incidents

punishment, From

commander

2,

boats to

was

is

not

an

the

because

them,

law

are

here.

thus

however,

neither

is

stated

points although

they

of his

killing

ready

of

of

possibility

if

guilt

as Naval

however,

213,

enforced

exist,

certainly

a

not Penal

As

humanly

Court

the

required

act

was

to these

accused,

mitigating

only

They

it

the

maintain under

also

submarine,

out

the

relating

given

then

subordinates,

officer

the

when

of

not

they

was

can

disobey.

for

concerned of

They

49, concealment

rests

in

for

law

the if

out

above.

held

the

Expert

bounds

a

defencel.ess

in

now in

Code)

quite

and (the

civil

to

point

prevailed

witnesses

should

claim

it

of in

such

breach

be

h

known

no

count

the

by

para.

these

did

his

an

on

rare

law.

issuing

to

the

fighting,

possible

and

that

kill

sinking

quickly

is

it (retired)

would

to

the

a

with

these

by

latter

to

in

could

might

obligation

that

or

passed.

Patzig,

rejected.

has,

a

be

well-known

attack

specially

orders,

circumstances.

highest

be

not an

of

“before

56

Saalwächter

to

while

That subordinate

present

of

question.

and

defenceless

are

submarine war),

the

military

were

They

certainly

upon

the

2,

with

As

urged

of

view

to

without

Commander

order

the

two

in

be

applied

have

he the

acted

that do

such

not

44

of

found

of

irrelevant

to

people

the

be

higher

him

exceptional

Naval

and

accused

von

certainly

cruising,

the

stopped.

that

acquitted.

on

the weapon fighting. law,

would

so,

the

admitted

its

understand

had

of

of witnesses

accused

degree

The

answerable

the

rid

instance,

law.

is

in

to

high

been

a

an

If

that

law.

during

the

is

first

necessity

they

the

T.rotha,

legality.

out any

have

torpedoing

universally

life-boats

to

himself

Naval

favour

These

he

was

Patzig

question

would

themselves

officers

command in

enemy,”

people.

acquired

has

order

always

obeying

killing

have

the

must

enemy

impossible the

degree

the

They

wished

place,

State

here.

doubt

must

Patzig,

in

contrary

the

does

This

In

must

not

refused

strikingly

They

shared

the

frankly.

cases.

it

relate,

facts

accused,

hand,

opinions

officer,

had

order

have is

of

that

determining to

and

life-boats

by

been

have was

thereby

for

should,

not

(para.

war

applies

(in continually

But

was

of

Penal

the

to

alone

whatever

the

be

They

nevertheless

nor

the

They

of

such

of could

the

to

known

been in

profession

under

by

of

the

this

his

to Toepifer,

be

defenceless

perfectly

make

been

if

as

of

the

the

punished.

to

however;

resolution.

But

not order

make

application

for the no

military

obliged that

considered

who

in

questioning

stated,

it.

habit

52

obey

they

an

who are the

borne

Code, responsible.

an

are

well

accused

faced

action

therefore,

only

in

ethiqal

rendered

sense

opinion.

“Lian

such

defence

him

done

to

this

fleet

whose could

some

of

adviser

them

the

This

in in superior

based

order

against

of

of

use

the

had

every-

had

the

the

and knew

have

of

by they clear

that

to to :their

a

in

the the

no

the

case

con

of

sub-

in

it case

at

to to

of

be is . . V

.. :. V . V loing Lared ife-boats ras tmselves quired i.nd iband, ist ty,” ffi anklr. ;t ts. But illing ild legree Pa ilac°- ;ity [possible ye .g its e. nd and ,y tingly y j done ist my td cts the ys the e opinions pplies such elate, er

State does whatever

should, reied

to

contrary In war thu.

known for They

accused, had

be

could

profession to

of have

was by

been continually

(in have perfectly the

order They that

nor military But

(para. in no nevertheless determining

Toepifer,

punished. his to responsible. not .by as the make

this an

of

been

questioning stated,

however, Penal that in of of

the who

the application not

the well under such if

an

only therefore, be the in to

to considered this the

obliged been action could for are superior order of the make

rendered

resolution. are

defenceless of

they against

opinion

to 52 adviser faced who sense every- fleet

defence

obey done borne

use in

in it. habit

knew their “Lian

accused him clear

based have sub Code, case they con

that case

of

of

ethiqal whose

some

the the the

and be

them is had

of had -no

This to at to

the

by in the of

to

the tc it

in

of

a

right and throws principles. a weapon as short dismissed been

in

are Patzig, applicable virtue operation made include of may (R.G.

The

absence

[SEAL

sentence

to

In the

The

The conjunction

a The

Section

Members

to considered

be period, direct

)ustify accordance

by

BI.,

of a

evidence

but

behaviour which

determination OF

those

above wear

applied.

dark

from

the

a

the in

in

THE not of

page

It

result

reduction

By

the regard reducing during 36

Treaty

four shadow Printed of officer’s

did

service,

of copy against must affixing

Sir

COURT.]

with

put the appropriate.

present

of with

the

341).

so Joseph

of

of

The

years’

wider agrees

accused

the much to which the

forward

the also

Senate, of

on Art.

of uniform. Section the

and

the

in

(Signed) (Signed) their Causton expenses,

a

Peace.

accused

accusation The

the case. the the Military

imprisonment

prosecution not

the

two

in

with

period

1, they the

authority

persons

costs German

the

signatures.

Dr.

in

last-mentioned

& para.

be

accused 34, costs

It

accused,

Sons,

the

order have Such

during fight

which

Paul DR. HAGEMANN, BUCKS, SABARTH, SCHMIDT, left

SCHMIDT. has para.

of Penal

57

is Senate

of

original. made

Limited,

under

4, themselves

imprisonment HIS

fleet, based

therefore

out already for

an demanded

men. to

and

VOGT.

Clerk

of 1,

fall

the

on MAJESTY’S

Boldt,

Code,

the

accusation obtain

No.

against

of

of

the and

9,

the Dr.

both

proceedings

on on

Easteheap.

The the

of consideration Fatherland.

regulation

2,

been

RISCH,

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