Judgment at Nuremberg
ID | 13182463 |
---|---|
Movie Name | Judgment at Nuremberg |
Release Name | Judgment at Nuremberg 1961 Theatrical Roadshow 1080p bluray ddp51 pgs x265-dkore |
Year | 1961 |
Kind | movie |
Language | English |
IMDB ID | 55031 |
Format | srt |
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(BAND PLAYING)
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(BAND CONTINUES PLAYING)
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(MEN SINGING IN GERMAN)
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(CAR HORN HONKING)
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I didn't know it was so bad.
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Couple of incendiaries,
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these old buildings go up like cellophane.
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There's a wall that separates the old
section of Nuremberg from the new.
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Goes back to...
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How far does it go back, Schmidt?
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1219, sir.
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1219.
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This is where the Nazi Party
held their rallies, isn't it?
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They all came here.
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Hitler. Goebbels. The whole crew.
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Thousands of them,
from all over Germany.
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(HONKING)
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Does he have to blow
that damn horn so much?
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It's not necessary
to blow the horn so much, Schmidt.
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You both know your duties?
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(BOTH AGREEING)
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Well, here we are.
A little bit of old Germany.
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-Senator Burkette.
-Captain.
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Captain Byers, this is Judge Haywood.
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Byers here will be your aide.
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My what?
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Clerk. General guide. Liaison.
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Any capacity you wish to use me in.
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Oh.
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This will be your staff, sir.
Mr. And Mrs. Halbestadt.
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Hello.
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Good afternoon.
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Good afternoon, Your Honor.
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Welcome.
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BYERS: You've already met your driver,
Schmidt.
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I am at your service, sir,
any time you need me. Day or night.
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Thanks.
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Let's show him around
the rest of the place. Dan?
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We're in the, uh, reception room.
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Living room. Study is in there.
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There are two bedrooms
on this floor, three upstairs.
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Furniture is part antique, part U.S. Army.
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The piano's showing signs of wear and tear,
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but it's a genuine Bechstein.
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Quite a view, isn't it, sir?
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Yes.
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Uh, Senator, I really,
really don't need all this.
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When the United States
government does something,
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it does it right. You know that, Dan.
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Who used to live here?
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An important Nazi general and his wife, sir.
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Well, let's see. Is there anything
else Judge Haywood ought to know?
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Sir, are there any questions?
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Yes. Yes.
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You're West Point, aren't you, Captain?
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Yes, sir.
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What's your first name?
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Harrison. Harry.
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Well, Harry, look, I'm not West Point.
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And all this formality
kind of gets me down a little,
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not to say puts me ill at ease.
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Uh... Uh, do you think it would be too
much an infraction of the rules
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if you were to call me Judge,
or Dan, or something?
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Okay, Judge.
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We do all our shopping
at the army commissary.
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There isn't enough food
at the local markets for the Germans.
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The driver knows where the commissary is.
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Here's a copy of the indictment of the case.
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-I thought you might want to look it over.
-Oh, thanks.
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I hope you'll be comfortable here, sir.
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Captain, I think the whole state of Maine
would be comfortable here.
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My office is next to yours at
the Palace of Justice if you need anything.
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Thank you.
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Senator?
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Do you... Do you think
I really need the three servants?
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It kind of makes me feel like a damn fool.
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Well, it helps them out, as well as you.
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You see, here they eat.
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Oh.
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Well, I need three servants.
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It's good to have you here, Dan.
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Good to have a man of your stature here.
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Sure. Sure.
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I was the only man
in America qualified for this job.
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Senator, you know
I wasn't the first choice, nor even the 10th.
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You know it, and I know it.
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What do you mean?
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Well, let's face it.
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Hitler is gone, Goebbels is gone.
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Goering is gone. Committed suicide
before they could hang him.
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Now we're down
to the business of judging the doctors,
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businessmen and judges.
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Some people think
they shouldn't be judged at all.
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So?
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So it makes for a hell
of a lack of candidates for the job.
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You had to beat the backwoods of Maine
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to come up with a hick like me.
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I hope you're not sorry you came.
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No. I'm not sorry I came.
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I just wanted you to know that
I know where the body is buried.
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No, I think the trials should go on.
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Especially the trials of the German judges.
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I hope I'm up to it.
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You're up to it.
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Well, relax.
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Thanks.
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Enjoy this place while you can.
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You're going to be a pretty busy fellow.
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Well, thanks, Senator.
Thanks for everything.
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See you tomorrow, Judge.
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Right.
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Shall we, uh, take these upstairs?
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Oh, yes, yes. Thank you.
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Here, I can take that...
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No, let me take it. Please.
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00:12:01,262 --> 00:12:02,931
(CAR HORN HONKING)
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(INDISTINCT CONVERSATIONS)
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(INAUDIBLE)
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MAN: Here they come.
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(CONVERSATIONS STOP)
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The tribunal is now in session.
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God bless the United States
and this honorable tribunal.
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The tribunal will now arraign
the defendants.
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The microphone will be placed
in front of the defendant,
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Emil Hahn.
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Emil Hahn?
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Are you represented
by counsel before this tribunal?
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(SPEAKING GERMAN)
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(SPEAKING GERMAN)
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Not guilty.
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The question was, are you represented
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by counsel before this tribunal?
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00:14:02,967 --> 00:14:04,677
(SPEAKING GERMAN)
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00:14:06,929 --> 00:14:07,930
(SPEAKING GERMAN)
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00:14:08,264 --> 00:14:09,766
I am represented.
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00:14:09,849 --> 00:14:12,560
How do you plead
to the charges and specifications
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00:14:12,643 --> 00:14:15,521
in the indictment against you?
Guilty or not guilty?
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00:14:16,564 --> 00:14:18,066
(SPEAKING GERMAN)
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00:14:18,149 --> 00:14:19,525
Not guilty on all counts.
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00:14:21,277 --> 00:14:23,112
Friedrich Hoffstetter?
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00:14:25,031 --> 00:14:27,617
Are you represented
by counsel before this tribunal?
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00:14:28,242 --> 00:14:29,494
(SPEAKING GERMAN)
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00:14:29,577 --> 00:14:30,953
I am represented.
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00:14:31,037 --> 00:14:33,081
How do you plead?
Guilty or not guilty?
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00:14:33,998 --> 00:14:35,625
(SPEAKING GERMAN)
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HAYWOOD: You may be seated.
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Werner Lammpe?
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00:14:50,348 --> 00:14:53,017
Are you represented
by counsel before this tribunal?
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00:14:53,935 --> 00:14:55,144
Counsel?
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00:14:56,229 --> 00:14:57,855
(SPEAKING GERMAN)
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00:14:59,607 --> 00:15:01,484
Yes. Yes, of course.
I am represented.
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00:15:03,486 --> 00:15:05,988
How do you plead to the charges?
Guilty or not guilty?
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00:15:07,865 --> 00:15:09,117
(SPEAKING GERMAN)
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You may be seated.
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00:15:14,455 --> 00:15:15,623
Ernst Janning?
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00:15:17,458 --> 00:15:19,627
Ernst Janning, are you
represented by counsel
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00:15:19,669 --> 00:15:21,462
before this tribunal?
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00:15:38,521 --> 00:15:43,151
Ernst Janning, are you represented
by counsel before this tribunal?
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00:15:51,826 --> 00:15:53,494
(SPEAKING GERMAN)
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I represent the defendant, Your Honor.
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00:15:58,124 --> 00:16:01,836
How do you plead
to the charges and specifications set forth
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00:16:01,919 --> 00:16:03,421
in the indictment against you?
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Guilty or not guilty?
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(SPEAKING GERMAN)
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Your Honor, may I address the court?
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(SPEAKING GERMAN)
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The defendant does not
recognize the authority of this tribunal
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and wishes to lodge
a formal protest in lieu of pleading.
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A plea of "not guilty" will be entered.
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The prosecution will begin
its opening address.
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Slow and easy, junior.
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The case is unusual
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in that the defendants
are charged with crimes
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committed in the name of the law.
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00:17:17,745 --> 00:17:21,749
These men, together
with their deceased or fugitive colleagues,
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are the embodiment
of what passed for justice
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during the Third Reich.
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00:17:28,923 --> 00:17:33,094
The defendants served as judges
during the period of the Third Reich.
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00:17:34,303 --> 00:17:37,598
Therefore, you, Your Honors,
as judges on the bench,
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will be sitting in judgment
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of judges in the dock.
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00:17:44,855 --> 00:17:46,983
And this is as it should be.
185
00:17:47,441 --> 00:17:51,779
For only a judge knows how much more
a court is than a courtroom.
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00:17:53,447 --> 00:17:55,658
It is a process and a spirit.
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00:17:57,326 --> 00:17:59,203
It is the house of law.
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00:18:01,664 --> 00:18:03,124
The defendants knew this, too.
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They knew courtrooms well.
190
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They sat in their black robes,
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and they distorted, they perverted,
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00:18:09,171 --> 00:18:11,757
they destroyed justice and law in Germany.
193
00:18:11,799 --> 00:18:15,303
Will the prosecution please watch the light?
194
00:18:15,970 --> 00:18:17,680
The interpreter cannot follow you.
195
00:18:17,763 --> 00:18:19,473
I'm sorry, Your Honor.
196
00:18:19,557 --> 00:18:22,476
They distorted, they perverted,
197
00:18:22,852 --> 00:18:26,480
they destroyed justice and law in Germany.
198
00:18:28,149 --> 00:18:31,444
Now, this in itself
is undoubtedly a great crime.
199
00:18:31,485 --> 00:18:34,030
But the prosecution
is not calling the defendants
200
00:18:34,113 --> 00:18:37,575
to account for violating
constitutional guarantees
201
00:18:37,658 --> 00:18:40,036
or withholding due process of law.
202
00:18:40,953 --> 00:18:43,748
The prosecution is calling them to account
203
00:18:44,665 --> 00:18:45,958
for murder,
204
00:18:46,959 --> 00:18:48,044
brutalities,
205
00:18:49,587 --> 00:18:50,588
torture,
206
00:18:52,048 --> 00:18:53,090
atrocities.
207
00:18:54,508 --> 00:18:58,179
They share with all
the leaders of the Third Reich
208
00:18:58,262 --> 00:19:01,932
responsibility for the most malignant,
the most calculated,
209
00:19:02,016 --> 00:19:05,686
the most devastating crimes
in the history of all mankind.
210
00:19:06,520 --> 00:19:08,022
And they are perhaps more guilty
211
00:19:08,105 --> 00:19:09,148
than some of the others.
212
00:19:09,648 --> 00:19:11,442
For they had attained maturity
213
00:19:11,525 --> 00:19:14,278
long before Hitler's rise to power.
214
00:19:14,904 --> 00:19:19,075
Their minds weren't warped
at an early age by Nazi teachings.
215
00:19:19,742 --> 00:19:22,787
They embraced the ideologies
of the Third Reich
216
00:19:22,870 --> 00:19:25,039
as educated adults
217
00:19:25,373 --> 00:19:27,291
when they, most of all,
218
00:19:28,209 --> 00:19:30,294
should have valued justice.
219
00:19:36,133 --> 00:19:39,553
Well, here they'll
receive the justice they denied others.
220
00:19:41,764 --> 00:19:46,060
They'll be judged according to the
evidence presented in this courtroom.
221
00:19:46,894 --> 00:19:49,313
The prosecution asks nothing more.
222
00:19:53,567 --> 00:19:57,238
<i>Herr</i> Rolfe will make
the opening statement for the defense.
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00:20:09,458 --> 00:20:11,085
(SPEAKING GERMAN)
224
00:20:13,045 --> 00:20:15,089
May it please the tribunal...
225
00:20:15,756 --> 00:20:17,591
(CONTINUES SPEAKING GERMAN)
226
00:20:17,675 --> 00:20:19,844
It is not only a great honor
227
00:20:22,096 --> 00:20:23,639
but also a great challenge
228
00:20:24,473 --> 00:20:26,016
for an advocate
229
00:20:27,810 --> 00:20:30,146
to aid this tribunal in its task.
230
00:20:32,815 --> 00:20:34,650
The entire civilized world
231
00:20:35,693 --> 00:20:37,736
will follow closely what we do here.
232
00:20:39,905 --> 00:20:42,032
For this is not an ordinary trial
233
00:20:43,033 --> 00:20:45,953
by any means of the accepted,
parochial sense.
234
00:20:48,956 --> 00:20:50,749
The avowed purpose of this tribunal...
235
00:20:50,791 --> 00:20:54,336
Is broader than the visiting
of retribution on a few men.
236
00:20:55,463 --> 00:20:59,300
It is dedicated to the reconsecration
237
00:21:00,301 --> 00:21:01,719
of the temple of justice.
238
00:21:02,344 --> 00:21:05,306
It is dedicated to finding a code of justice
239
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the whole world will be responsible to.
240
00:21:11,812 --> 00:21:14,148
How will this code be established?
241
00:21:17,401 --> 00:21:19,278
It will be established
242
00:21:22,156 --> 00:21:23,532
in a clear,
243
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honest evaluation
244
00:21:27,328 --> 00:21:29,497
of the responsibility for the crimes
245
00:21:29,580 --> 00:21:32,458
in the indictment stated
by the prosecution.
246
00:21:33,584 --> 00:21:37,713
In the words of the great American
jurist, Oliver Wendell Holmes,
247
00:21:39,173 --> 00:21:42,259
"This responsibility will not
be found only in documents
248
00:21:42,343 --> 00:21:44,595
"that no one contests or denies.
249
00:21:45,554 --> 00:21:47,181
"It will be found in considerations
250
00:21:47,264 --> 00:21:49,558
"of a political or social nature.
251
00:21:50,851 --> 00:21:53,938
"It will be found, most of all,
252
00:21:55,439 --> 00:21:57,399
"in the character of men."
253
00:22:00,194 --> 00:22:02,780
What is the character of Ernst Janning?
254
00:22:05,282 --> 00:22:07,826
Let us examine his life for a moment.
255
00:22:09,370 --> 00:22:11,163
He was born in 1885.
256
00:22:11,956 --> 00:22:14,875
Received the degree
of Doctor of Law in 1907.
257
00:22:14,917 --> 00:22:17,586
Became a judge in East Prussia in 1940.
258
00:22:17,670 --> 00:22:21,173
Following World War I he became
one of the leaders of the Weimar Republic
259
00:22:21,215 --> 00:22:24,385
and was one of the framers of
its democratic constitution.
260
00:22:24,468 --> 00:22:27,263
In subsequent years
he achieved international fame
261
00:22:27,346 --> 00:22:29,306
not only for his work as a great jurist,
262
00:22:29,390 --> 00:22:31,559
but also as the author of legal text books
263
00:22:31,600 --> 00:22:34,603
which are still used in universities
all over the world.
264
00:22:34,687 --> 00:22:38,566
He became Minister of Justice
in Germany in 1935.
265
00:22:39,733 --> 00:22:42,361
If Ernst Janning is to be found guilty,
266
00:22:43,028 --> 00:22:45,656
certain implications must arise.
267
00:22:46,282 --> 00:22:49,952
A judge does not make the laws.
268
00:22:51,412 --> 00:22:54,164
He carries out the laws of his country.
269
00:22:55,416 --> 00:22:56,917
The statement,
270
00:22:57,376 --> 00:23:00,045
"My country, right or wrong"
271
00:23:01,255 --> 00:23:04,008
was expressed by a great American patriot.
272
00:23:06,552 --> 00:23:09,388
It is no less true for a German patriot.
273
00:23:12,975 --> 00:23:16,937
Should Ernst Janning
have carried out the laws of his country?
274
00:23:17,021 --> 00:23:20,941
Or should he have refused
to carry them out and become a traitor?
275
00:23:21,609 --> 00:23:25,237
This is the crux of the issue
at the bottom of this trial.
276
00:23:29,116 --> 00:23:32,578
The defense is as dedicated
to finding responsibility
277
00:23:33,912 --> 00:23:35,748
as is the prosecution.
278
00:23:37,541 --> 00:23:41,337
For it is
not only Ernst Janning who is on trial here,
279
00:23:45,466 --> 00:23:47,468
it is the German people.
280
00:23:51,555 --> 00:23:54,850
The tribunal will recess
until further notification.
281
00:23:59,897 --> 00:24:01,565
(PEOPLE MURMURING)
282
00:24:27,841 --> 00:24:28,926
Yeah.
283
00:24:32,471 --> 00:24:33,722
If it's all right with you,
284
00:24:33,806 --> 00:24:35,683
Byers can file these briefs later.
285
00:24:35,724 --> 00:24:36,725
Hmm.
286
00:24:37,476 --> 00:24:41,021
That was quite a damning speech
by Colonel Lawson, wasn't it?
287
00:24:42,356 --> 00:24:45,567
I wonder if those men in the dock
can really be responsible
288
00:24:45,651 --> 00:24:47,778
for the things he listed in the indictment.
289
00:24:47,861 --> 00:24:50,489
Well, I've been here for two years,
and after you're here that long,
290
00:24:50,531 --> 00:24:54,159
you find that responsibility
is not a cut-and-dried thing.
291
00:24:54,827 --> 00:24:57,037
What are you fellows up to
over the weekend?
292
00:24:57,079 --> 00:24:59,540
My wife and I are going to Liėge.
293
00:24:59,581 --> 00:25:01,750
There's nothing in Liėge. I've been there.
294
00:25:01,834 --> 00:25:03,752
My son was in the 101st.
295
00:25:03,877 --> 00:25:07,089
He's buried
in the American cemetery outside Liėge.
296
00:25:07,172 --> 00:25:08,590
Oh, I'm sorry.
297
00:25:08,674 --> 00:25:11,885
Oh, that's all right.
See you Monday, Dan.
298
00:25:11,969 --> 00:25:12,970
Hmm.
299
00:25:14,555 --> 00:25:16,056
Coming my way?
300
00:25:16,140 --> 00:25:17,850
No, I'm going to stay here for a moment.
301
00:25:17,891 --> 00:25:20,227
I'm waiting for some records from Byers.
302
00:25:20,269 --> 00:25:21,437
Right.
303
00:25:43,500 --> 00:25:45,252
Here are the reports you asked for, sir.
304
00:25:45,335 --> 00:25:46,795
Oh, thank you.
305
00:25:49,089 --> 00:25:51,258
Captain, do you think
you can get me a copy
306
00:25:51,341 --> 00:25:53,677
of the books Ernst Janning wrote?
307
00:25:54,094 --> 00:25:55,387
There are quite a few of them.
308
00:25:55,429 --> 00:25:57,264
I'd like all of them.
309
00:25:57,306 --> 00:25:59,641
And also a copy
of the Weimar Constitution.
310
00:25:59,725 --> 00:26:01,101
Do you think you can get that for me?
311
00:26:01,185 --> 00:26:03,270
-Yes, of course.
-Thank you.
312
00:26:07,524 --> 00:26:09,610
How long have you been here, Captain?
313
00:26:09,693 --> 00:26:10,736
Two years.
314
00:26:10,778 --> 00:26:12,279
Two years? That's a long time.
315
00:26:12,362 --> 00:26:13,614
Yes, sir.
316
00:26:13,697 --> 00:26:14,990
Any friends?
317
00:26:15,073 --> 00:26:16,158
Sure.
318
00:26:17,951 --> 00:26:19,661
German friends?
319
00:26:19,745 --> 00:26:20,788
Yes.
320
00:26:21,622 --> 00:26:23,040
A girl?
321
00:26:23,123 --> 00:26:24,166
Yes.
322
00:26:25,167 --> 00:26:28,003
Her parents were Nazis, but
she was eight years old when they came in.
323
00:26:28,086 --> 00:26:29,129
I didn't ask you that.
324
00:26:29,171 --> 00:26:30,839
I know. But maybe you were thinking it.
325
00:26:30,923 --> 00:26:33,008
It's natural to think about it.
326
00:26:33,091 --> 00:26:35,427
I thought if anybody was
going to indoctrinate her,
327
00:26:35,469 --> 00:26:36,887
-it might as well be me.
(BOTH LAUGHING)
328
00:26:36,970 --> 00:26:38,096
Will there be anything else?
329
00:26:38,138 --> 00:26:40,974
No, no, I think I'll just
take a walk around town on my own.
330
00:26:41,016 --> 00:26:43,727
Try the old section. Everyone stops
for a beer and a sausage there.
331
00:26:43,811 --> 00:26:45,145
Thank you.
332
00:26:58,200 --> 00:26:59,952
(TRAM BELL DINGING)
333
00:27:13,173 --> 00:27:14,842
(PEOPLE CLAMORING)
334
00:27:16,134 --> 00:27:17,761
(SPEAKING GERMAN)
335
00:27:27,187 --> 00:27:28,689
(BELLS CHIMING)
336
00:28:06,184 --> 00:28:07,811
(SPEAKING GERMAN)
337
00:28:14,985 --> 00:28:16,320
Do you understand English?
338
00:28:16,403 --> 00:28:17,487
Yes, a little.
339
00:28:17,571 --> 00:28:18,572
What did she say?
340
00:28:18,655 --> 00:28:20,824
She said, "Goodbye, grandpa."
341
00:28:46,308 --> 00:28:48,769
(MEN SINGING IN GERMAN)
342
00:29:10,707 --> 00:29:12,668
(HITLER SPEAKING GERMAN)
343
00:29:19,800 --> 00:29:21,426
(PEOPLE CHEERING)
344
00:29:35,023 --> 00:29:36,608
Are they treating you all right?
345
00:29:36,650 --> 00:29:39,319
JANNING: Yes.
They're treating me all right.
346
00:29:39,361 --> 00:29:41,363
We still have some friends
347
00:29:41,947 --> 00:29:44,825
who have contact
with the American authorities.
348
00:29:44,866 --> 00:29:46,952
I can tell them
if they're not treating you all right.
349
00:29:46,994 --> 00:29:49,204
They're treating me all right.
350
00:29:52,499 --> 00:29:53,917
Dr. Janning,
351
00:29:56,670 --> 00:29:58,839
we are both in an embarrassing position.
352
00:29:58,922 --> 00:30:01,299
I know you didn't want me as your counsel.
353
00:30:01,341 --> 00:30:03,552
I know you didn't want anyone.
354
00:30:04,845 --> 00:30:07,055
But I must tell you something.
355
00:30:07,139 --> 00:30:09,266
Will you listen to me?
356
00:30:09,349 --> 00:30:10,392
Yes.
357
00:30:13,311 --> 00:30:15,605
I intend to represent your case
358
00:30:16,523 --> 00:30:18,358
with complete dignity.
359
00:30:18,692 --> 00:30:20,152
There will be
360
00:30:21,069 --> 00:30:22,487
no appeal to sentiment,
361
00:30:22,529 --> 00:30:25,824
there will be no falling
at the mercy of the court.
362
00:30:26,366 --> 00:30:27,534
The game
363
00:30:29,077 --> 00:30:32,205
will be played according to their own rules.
364
00:30:33,874 --> 00:30:37,044
We'll see whether they have the courage
365
00:30:37,127 --> 00:30:38,920
to sit in judgment on a man like you.
366
00:30:40,589 --> 00:30:42,215
The way I see it,
367
00:30:44,009 --> 00:30:47,929
the most important elements in the case
368
00:30:48,889 --> 00:30:50,849
are the sterilization decrees,
369
00:30:50,891 --> 00:30:53,351
and the Feldenstein-Hoffman affair.
370
00:30:58,398 --> 00:31:01,818
Dr. Janning, I must tell you something.
371
00:31:07,032 --> 00:31:08,492
I admired you
372
00:31:09,826 --> 00:31:12,370
since I was a boy in the university.
373
00:31:13,830 --> 00:31:17,084
It was because I thought
I might be able to achieve
374
00:31:17,292 --> 00:31:19,586
some of the things you have done
375
00:31:23,924 --> 00:31:26,009
that saw me through the war.
376
00:31:27,552 --> 00:31:31,389
You have been somebody to look up to,
for all of us.
377
00:31:34,518 --> 00:31:36,603
Is that all, <i>Herr</i> Rolfe?
378
00:31:41,274 --> 00:31:42,442
Yes.
379
00:31:42,484 --> 00:31:43,819
Thank you.
380
00:31:50,992 --> 00:31:52,410
(DOOR CLOSING)
381
00:31:53,787 --> 00:31:57,290
Dr. Wieck, do you know the defendant,
Ernst Janning?
382
00:32:00,877 --> 00:32:02,587
Yes, I know him.
383
00:32:02,629 --> 00:32:05,632
LAWSON: Will you tell us in what capacity?
384
00:32:05,674 --> 00:32:08,260
We served
in the Ministry of Justice together,
385
00:32:08,301 --> 00:32:11,138
from 1929 till 1935.
386
00:32:11,221 --> 00:32:13,265
Did you know him before that?
387
00:32:13,306 --> 00:32:14,391
Yes.
388
00:32:15,433 --> 00:32:17,060
He was a law student of mine.
389
00:32:17,144 --> 00:32:18,854
-Did you know him well?
-Yes.
390
00:32:18,937 --> 00:32:20,772
-Was he a protégé of yours?
-Yes.
391
00:32:20,814 --> 00:32:21,898
Why?
392
00:32:23,275 --> 00:32:26,069
He was always a man of great intelligence.
393
00:32:27,320 --> 00:32:31,491
He was a man born
with the qualities of a great legal mind.
394
00:32:32,409 --> 00:32:35,495
Dr. Weick, would you, uh,
395
00:32:36,496 --> 00:32:39,332
would you tell us
from your own experience,
396
00:32:39,958 --> 00:32:42,335
the position of the judge in Germany
397
00:32:42,419 --> 00:32:45,172
prior to the advent of Adolf Hitler.
398
00:32:46,464 --> 00:32:49,926
The position of the judge was
one of complete independence.
399
00:32:50,010 --> 00:32:51,011
Mmm-hmm.
400
00:32:51,511 --> 00:32:54,806
Now, would you describe the contrast,
if any,
401
00:32:55,682 --> 00:32:59,519
after the coming to power
of National Socialism in 1933?
402
00:33:00,228 --> 00:33:04,774
Judges became subject
to something outside of objective justice.
403
00:33:06,109 --> 00:33:09,529
They became subject
to what was necessary
404
00:33:09,571 --> 00:33:11,198
for the protection of the country.
405
00:33:12,032 --> 00:33:13,408
Would you explain this, please?
406
00:33:13,950 --> 00:33:15,785
The first consideration of the judge
407
00:33:15,869 --> 00:33:18,872
became the punishment
of acts against the state,
408
00:33:19,456 --> 00:33:22,209
rather than objective
consideration of the case.
409
00:33:23,043 --> 00:33:24,878
And what other changes were there?
410
00:33:26,087 --> 00:33:29,132
The right to appeal was eliminated.
411
00:33:30,050 --> 00:33:33,053
The supreme court of the Reich
was replaced by
412
00:33:34,054 --> 00:33:36,139
people's and special courts.
413
00:33:37,432 --> 00:33:42,312
The concept of race
was made a legal concept for the first time.
414
00:33:42,979 --> 00:33:45,273
And what was the result of this?
415
00:33:45,982 --> 00:33:47,317
The result?
416
00:33:49,194 --> 00:33:52,739
The result was to hand over
the administration of justice
417
00:33:52,989 --> 00:33:55,408
into the hands of the dictatorship.
418
00:33:55,867 --> 00:33:56,910
LAWSON: Now, Dr. Wieck...
419
00:33:56,993 --> 00:34:00,163
Colonel Lawson,
I would like to ask a few questions.
420
00:34:01,289 --> 00:34:05,752
Did the judiciary protest these
laws abridging their independence?
421
00:34:05,835 --> 00:34:07,462
A few of them did.
422
00:34:07,837 --> 00:34:10,966
Those who did resigned,
or were forced to resign.
423
00:34:12,217 --> 00:34:13,760
Others...
424
00:34:15,178 --> 00:34:17,931
Adapted themselves to the new situation.
425
00:34:19,933 --> 00:34:24,479
Do you think the judiciary was aware
of the consequences to come?
426
00:34:25,021 --> 00:34:26,856
At first, perhaps not.
427
00:34:27,399 --> 00:34:32,320
Later it became
clear to anyone who had eyes and ears.
428
00:34:33,113 --> 00:34:34,406
Thank you.
429
00:34:35,949 --> 00:34:38,201
Now, would you please describe for us
430
00:34:38,285 --> 00:34:40,495
the changes in criminal law?
431
00:34:41,454 --> 00:34:43,081
It was characterized by
432
00:34:43,123 --> 00:34:46,376
an ever-increasing inflation
of the death penalty.
433
00:34:47,711 --> 00:34:50,463
Sentences were passed
against defendants
434
00:34:50,505 --> 00:34:53,174
just because they were Poles, or Jews,
435
00:34:53,258 --> 00:34:55,302
or politically undesirable.
436
00:34:56,970 --> 00:35:00,515
Novel National Socialist measures
were introduced.
437
00:35:00,849 --> 00:35:01,933
Among them,
438
00:35:01,975 --> 00:35:06,604
sexual sterilization for those
who were categorized as asocial.
439
00:35:07,022 --> 00:35:09,524
Did it become necessary for judges
440
00:35:09,607 --> 00:35:13,778
to wear any distinctive mark
on their robes in 1935?
441
00:35:14,529 --> 00:35:16,823
The so-called Fuehrer's decree
442
00:35:16,865 --> 00:35:19,367
required judges to wear the insignia
443
00:35:19,451 --> 00:35:20,952
of the swastika on their robes.
444
00:35:21,369 --> 00:35:22,829
Did you wear such an insignia?
445
00:35:22,912 --> 00:35:23,955
No.
446
00:35:24,998 --> 00:35:26,833
I would have been ashamed to wear it.
447
00:35:27,167 --> 00:35:29,419
Did you resign in 1935?
448
00:35:29,711 --> 00:35:31,004
Yes, sir.
449
00:35:31,546 --> 00:35:34,966
Did Ernst Janning wear
a swastika on his robe?
450
00:35:39,012 --> 00:35:40,221
WIECK: Yes.
451
00:35:41,181 --> 00:35:43,391
LAWSON: That's all. Thank you.
452
00:35:47,604 --> 00:35:48,980
<i>Herr</i> Rolfe.
453
00:35:57,864 --> 00:35:59,532
(SPEAKING GERMAN)
454
00:36:00,742 --> 00:36:03,620
You used the phrase,
"What was necessary
455
00:36:03,703 --> 00:36:06,206
"for the protection of the country."
456
00:36:07,582 --> 00:36:10,377
Will you explain for the tribunal
the conditions in Germany
457
00:36:10,418 --> 00:36:12,587
at the time National Socialism
came to power?
458
00:36:13,630 --> 00:36:15,215
What conditions?
459
00:36:18,676 --> 00:36:20,845
Would you say
there was widespread hunger?
460
00:36:20,887 --> 00:36:22,055
Yes.
461
00:36:22,138 --> 00:36:24,891
Would you say there was internal disunity?
462
00:36:24,933 --> 00:36:26,017
Yes.
463
00:36:26,184 --> 00:36:28,019
Was there a Communist Party?
464
00:36:28,061 --> 00:36:29,145
Yes.
465
00:36:29,229 --> 00:36:31,564
Was it the third largest party in Germany?
466
00:36:31,648 --> 00:36:32,899
Hmm, yes.
467
00:36:33,733 --> 00:36:35,151
Would you say
468
00:36:36,361 --> 00:36:40,323
that National Socialism
helped to cure some of these conditions?
469
00:36:41,741 --> 00:36:44,035
Yes, but at a terrible price and I...
470
00:36:44,077 --> 00:36:47,831
Please confine yourself
to answering the questions only.
471
00:36:49,082 --> 00:36:51,209
Therefore, was it not possible
472
00:36:51,251 --> 00:36:53,253
that a judge might wear a swastika
473
00:36:53,294 --> 00:36:55,672
and yet work for what he
thought was best for his country?
474
00:36:56,214 --> 00:36:58,675
No. It was not possible.
475
00:37:02,262 --> 00:37:03,596
Dr. Wieck,
476
00:37:06,224 --> 00:37:08,268
you were not in the administration
477
00:37:08,309 --> 00:37:12,856
from the years 1935 to 1943
478
00:37:13,398 --> 00:37:15,233
by your own admission.
479
00:37:16,109 --> 00:37:20,488
Is it not possible
that your view of the administration
480
00:37:20,864 --> 00:37:22,949
might be distorted?
481
00:37:23,658 --> 00:37:25,118
No. It is not.
482
00:37:26,744 --> 00:37:31,374
How... How can you testify about
what was going on in the administration
483
00:37:31,458 --> 00:37:32,459
if you were not there?
484
00:37:32,917 --> 00:37:35,628
I had many friends
in the legal administration.
485
00:37:35,670 --> 00:37:37,338
There were journals and books.
486
00:37:39,632 --> 00:37:42,260
From journals and books?
487
00:37:46,139 --> 00:37:47,307
I see.
488
00:37:49,642 --> 00:37:51,811
Dr. Wieck, you referred to,
489
00:37:51,895 --> 00:37:54,647
"Novel National Socialist
measures introduced,
490
00:37:54,689 --> 00:37:57,108
"among them sexual sterilization."
491
00:37:58,234 --> 00:37:59,944
Are you aware that sexual sterilization
492
00:37:59,986 --> 00:38:02,322
was not invented by National Socialism,
493
00:38:02,363 --> 00:38:05,158
but had been advanced
for years before as a weapon
494
00:38:05,241 --> 00:38:07,827
in dealing with the mentally
incompetent and the criminal?
495
00:38:08,703 --> 00:38:10,455
WIECK: Yes. I am aware of that.
496
00:38:10,497 --> 00:38:12,499
Are you aware that it has advocates
497
00:38:12,540 --> 00:38:14,417
among leading citizens
in many other countries?
498
00:38:14,918 --> 00:38:17,420
I am not an expert on such laws.
499
00:38:18,630 --> 00:38:21,007
Then permit me to read one to you.
500
00:38:23,426 --> 00:38:26,221
This is a high court opinion
501
00:38:27,138 --> 00:38:31,559
upholding such laws in existence
in another country.
502
00:38:33,394 --> 00:38:34,812
And I quote,
503
00:38:39,776 --> 00:38:42,570
"We have seen more than once
that the public welfare
504
00:38:42,654 --> 00:38:45,532
"may call upon
the best citizens for their lives.
505
00:38:45,698 --> 00:38:48,952
"It would be strange indeed,
if it could not call upon those
506
00:38:49,035 --> 00:38:53,206
"who already sapped the strength
of the state for these lesser sacrifices
507
00:38:53,248 --> 00:38:56,543
"in order to prevent
our being swamped by incompetence.
508
00:38:56,626 --> 00:38:58,044
"It is better for all the world
509
00:38:58,127 --> 00:39:01,339
"if, instead of waiting to execute
degenerate offsprings for crime
510
00:39:01,381 --> 00:39:03,341
"or to let them starve for their imbecility,
511
00:39:03,383 --> 00:39:06,261
"society can prevent their propagation
512
00:39:06,344 --> 00:39:09,389
"by medical means in the first place.
513
00:39:12,267 --> 00:39:15,144
"Three generations of imbeciles
are enough."
514
00:39:18,815 --> 00:39:20,984
Do you recognize it now, Dr. Wieck?
515
00:39:21,568 --> 00:39:23,111
No, sir, I don't.
516
00:39:24,195 --> 00:39:27,323
Actually, there is
no particular reason you should,
517
00:39:27,991 --> 00:39:30,410
since the opinion upholds
the sterilization law
518
00:39:30,451 --> 00:39:33,621
in the state of Virginia,
of the United States,
519
00:39:34,330 --> 00:39:37,250
and was written and delivered
by that great American jurist,
520
00:39:37,292 --> 00:39:42,255
Supreme Court Justice,
Oliver Wendell Holmes.
521
00:39:52,307 --> 00:39:55,059
Now, Dr. Wieck.
522
00:39:56,144 --> 00:39:58,605
In view of what you have just learned,
523
00:39:58,646 --> 00:40:01,274
can you still say that sexual sterilization
524
00:40:01,316 --> 00:40:03,735
was a novel National Socialist measure?
525
00:40:03,776 --> 00:40:05,445
Yes, I can say it.
526
00:40:06,154 --> 00:40:08,448
Because it was never before used
527
00:40:08,489 --> 00:40:10,700
as a weapon against political opponents.
528
00:40:12,827 --> 00:40:14,621
Do you personally know of a case
529
00:40:14,704 --> 00:40:17,957
where someone was sterilized
for political reasons?
530
00:40:18,499 --> 00:40:20,335
WIECK: I know that such things were done.
531
00:40:20,418 --> 00:40:21,711
That's not the question.
532
00:40:21,794 --> 00:40:23,838
Please answer the question.
533
00:40:24,464 --> 00:40:25,632
Do you know of a case?
534
00:40:26,049 --> 00:40:29,802
I don't know of any specific case,
or specific date...
535
00:40:29,844 --> 00:40:31,888
I am asking you if you have any firsthand,
536
00:40:31,971 --> 00:40:33,681
personal knowledge of such a case!
537
00:40:34,891 --> 00:40:38,102
No, I have no such personal knowledge.
538
00:40:38,144 --> 00:40:39,646
Thank you.
539
00:40:49,322 --> 00:40:50,657
Dr. Wieck,
540
00:40:55,453 --> 00:40:56,913
you are aware
541
00:40:57,622 --> 00:41:00,583
of the charges
in the indictment against Ernst Janning?
542
00:41:06,339 --> 00:41:07,632
Yes, I am.
543
00:41:09,342 --> 00:41:13,596
Can you honestly say
he is responsible for them?
544
00:41:15,056 --> 00:41:16,391
Yes, I can.
545
00:41:18,434 --> 00:41:22,271
Do you consider yourself
free of responsibility?
546
00:41:25,108 --> 00:41:26,442
Yes, I do.
547
00:41:28,111 --> 00:41:29,445
Dr. Wieck,
548
00:41:31,406 --> 00:41:34,742
did you ever swear
to the Civil Servant Loyalty Oath of 1934?
549
00:41:34,826 --> 00:41:36,953
Your Honor, I object.
550
00:41:37,036 --> 00:41:39,247
The witness doesn't have
to answer that question.
551
00:41:39,330 --> 00:41:41,040
He's not on trial.
552
00:41:42,041 --> 00:41:44,127
All Germany is on trial, Your Honor.
553
00:41:44,210 --> 00:41:47,547
This tribunal placed it on trial
when it placed Ernst Janning on trial.
554
00:41:47,588 --> 00:41:49,549
If responsibility is to be found,
555
00:41:49,632 --> 00:41:52,218
the widest latitude is to be permitted.
556
00:41:53,052 --> 00:41:54,762
Objection overruled.
557
00:41:56,055 --> 00:41:59,726
Did you ever swear
to the Civil Servant Loyalty Oath of 1934?
558
00:42:02,437 --> 00:42:03,646
Everyone did.
559
00:42:03,730 --> 00:42:06,524
ROLFE: We are not interested
in what everyone did.
560
00:42:06,566 --> 00:42:08,943
We are interested in what you did.
561
00:42:09,026 --> 00:42:13,406
Would you read the oath
from the <i>Reich Law Gazette,</i> March, 1933?
562
00:42:14,365 --> 00:42:16,200
"I swear that I shall be obedient
563
00:42:16,242 --> 00:42:19,036
"to the leader of the German Reich
and people, Adolf Hitler.
564
00:42:19,078 --> 00:42:22,415
"That I shall be loyal to him,
that I will observe the laws,
565
00:42:22,457 --> 00:42:24,834
"and that
I will conscientiously fulfill my duties,
566
00:42:24,917 --> 00:42:26,461
"so help me God."
567
00:42:27,420 --> 00:42:29,255
Everyone swore to it.
568
00:42:30,590 --> 00:42:32,216
It was mandatory.
569
00:42:34,469 --> 00:42:35,553
Yes.
570
00:42:37,013 --> 00:42:39,932
But you're such
a perceptive man, Dr. Wieck.
571
00:42:41,017 --> 00:42:43,102
You could see what was coming.
572
00:42:43,186 --> 00:42:45,605
You could see that National Socialism
573
00:42:45,646 --> 00:42:47,940
was leading Germany to disaster.
574
00:42:48,024 --> 00:42:50,902
"It was clear to anyone
who had eyes and ears."
575
00:42:52,904 --> 00:42:54,572
Didn't you realize
576
00:42:55,364 --> 00:42:59,452
what it would have meant
if you, and men like you,
577
00:43:00,119 --> 00:43:02,789
would have refused to swear to the oath?
578
00:43:03,289 --> 00:43:05,041
It would have meant
579
00:43:05,124 --> 00:43:08,419
that Hitler could never
have come to absolute power.
580
00:43:11,130 --> 00:43:12,632
Why didn't you?
581
00:43:13,132 --> 00:43:15,301
Dr. Wieck, why didn't you?
582
00:43:16,594 --> 00:43:18,805
Can you give us an explanation?
583
00:43:19,972 --> 00:43:22,266
Has it something to do with your pension?
584
00:43:22,308 --> 00:43:24,644
Did your pension mean more to you
than your country?
585
00:43:24,727 --> 00:43:26,521
Your Honor, Your Honor!
586
00:43:26,604 --> 00:43:28,564
I object to the entire line of questioning,
587
00:43:28,648 --> 00:43:30,983
and ask that it be stricken from the record.
588
00:43:31,067 --> 00:43:32,568
I thought prosecuting counsel
589
00:43:32,652 --> 00:43:34,487
was dedicated to finding responsibility.
590
00:43:34,529 --> 00:43:36,489
Your Honor, I made an objection.
591
00:43:36,531 --> 00:43:39,325
Prosecution is not interested
in finding responsibility?
592
00:43:39,367 --> 00:43:41,577
There is responsibility for more here
593
00:43:41,661 --> 00:43:44,163
than swearing to a loyalty oath
and you know it.
594
00:43:44,247 --> 00:43:45,832
-There is indeed.
-Order.
595
00:43:45,915 --> 00:43:47,959
LAWSON:
One thing that even the German machine,
596
00:43:48,000 --> 00:43:49,627
with its monumental efficiency
597
00:43:49,669 --> 00:43:51,295
has been unable to destroy...
598
00:43:51,337 --> 00:43:52,505
Order. Order!
599
00:43:52,547 --> 00:43:53,631
All the victims.
600
00:43:53,673 --> 00:43:55,591
More victims than the world
has ever known.
601
00:43:55,675 --> 00:43:57,260
They will walk into this courtroom...
602
00:43:57,343 --> 00:43:58,678
Order! Order!
603
00:44:00,179 --> 00:44:02,515
This tribunal will admonish both counsel.
604
00:44:02,557 --> 00:44:04,517
It will tolerate nothing of this kind again.
605
00:44:04,559 --> 00:44:07,937
We're not here to listen to outbursts
of this kind, but to serve justice.
606
00:44:08,354 --> 00:44:09,897
Your Honor, I made an objection.
607
00:44:09,981 --> 00:44:11,858
The objection is overruled.
608
00:44:13,526 --> 00:44:15,403
The witness is excused.
609
00:44:48,561 --> 00:44:50,563
Did you ever read any books by Janning?
610
00:44:50,646 --> 00:44:51,898
No, I don't think so.
611
00:44:51,939 --> 00:44:53,441
<i>The Meaning of the Law.</i>
612
00:44:53,524 --> 00:44:54,901
How is it? Interesting?
613
00:44:54,942 --> 00:44:57,904
All the books by Janning are interesting.
They're more than that.
614
00:44:57,945 --> 00:45:01,449
They're a picture of an era,
its hopes, its aspirations.
615
00:45:02,033 --> 00:45:04,243
They weren't very different
from ours, really.
616
00:45:04,285 --> 00:45:08,080
Listen to this, on the signing
of the Weimar Constitution,
617
00:45:08,122 --> 00:45:12,001
"Now we can look forward to a Germany
without guns and bloodshed,
618
00:45:12,084 --> 00:45:15,588
"a Germany of justice,
where men can live instead of die,
619
00:45:16,088 --> 00:45:19,133
"a Germany of purpose,
of freedom, of humanity,
620
00:45:19,216 --> 00:45:21,761
"a Germany that calls for the best in man."
621
00:45:21,802 --> 00:45:24,096
Now, how could a man
who wrote words like these
622
00:45:24,180 --> 00:45:26,098
be part of sterilizations and murders?
623
00:45:26,140 --> 00:45:27,600
How could he be?
624
00:45:27,642 --> 00:45:29,894
Dan, there are a lot of things
that happened here
625
00:45:29,936 --> 00:45:31,771
that nobody understands.
626
00:45:31,812 --> 00:45:33,022
I know.
627
00:45:34,106 --> 00:45:38,110
But the prosecution is going to have to
prove every inch of its allegation
628
00:45:38,152 --> 00:45:41,989
against a man like Janning
if I'm to pronounce sentence on him.
629
00:45:42,073 --> 00:45:45,159
Well, gentlemen, I'm on my way.
Coming, Ken?
630
00:45:45,242 --> 00:45:46,410
Right.
631
00:45:46,953 --> 00:45:48,746
Well, there's just this business
632
00:45:48,788 --> 00:45:50,998
on the curtailment of rights.
633
00:45:51,082 --> 00:45:52,291
Tomorrow.
634
00:45:52,333 --> 00:45:54,877
Dan, my wife is planning
a little get-together
635
00:45:54,961 --> 00:45:58,381
tomorrow night at the grand hotel.
She wants you to come.
636
00:45:58,464 --> 00:45:59,799
I thank you.
637
00:45:59,882 --> 00:46:01,133
And she'd like to provide you
638
00:46:01,175 --> 00:46:02,843
with some kind of female companionship.
639
00:46:02,927 --> 00:46:03,928
(LAUGHS)
640
00:46:04,220 --> 00:46:06,430
She has a feeling
that you might be lonely here.
641
00:46:06,472 --> 00:46:08,808
Oh, no. No, thanks, Curtiss.
Thanks very much.
642
00:46:08,891 --> 00:46:11,268
You know how these wives are.
They love to play cupid.
643
00:46:11,310 --> 00:46:13,437
Yeah, well, I think I'll keep it stag.
644
00:46:13,479 --> 00:46:15,022
All right. How about you, Ken?
645
00:46:15,106 --> 00:46:17,400
Thanks. My wife and I
have an engagement. Good night.
646
00:46:17,483 --> 00:46:18,484
Good night. Good night.
647
00:46:18,567 --> 00:46:20,361
-Good night, Dan.
-Good night.
648
00:46:27,910 --> 00:46:29,412
(DOOR CLOSING)
649
00:46:40,256 --> 00:46:42,341
Mrs. Halbestadt, could I...
650
00:46:44,593 --> 00:46:45,720
Hello.
651
00:46:47,179 --> 00:46:48,347
Hello.
652
00:46:49,682 --> 00:46:52,184
Your Honor, this is Madame Bertholt.
653
00:46:52,601 --> 00:46:54,645
This is his Honor, Judge Haywood.
654
00:46:56,105 --> 00:46:59,108
MRS. HALBESTADT:
Madame Bertholt, this is her house.
655
00:46:59,400 --> 00:47:01,986
Uh, she came to get some
of her belongings from the basement.
656
00:47:02,028 --> 00:47:04,155
I didn't know she was coming here tonight.
657
00:47:04,196 --> 00:47:06,699
This is my responsibility, Mrs. Halbestadt.
658
00:47:06,782 --> 00:47:08,784
I've been storing some of my things here
659
00:47:08,868 --> 00:47:10,953
until I could get a room
large enough to keep them in.
660
00:47:11,871 --> 00:47:13,247
I hope you don't mind.
661
00:47:13,330 --> 00:47:14,457
No. No. Not at all.
662
00:47:15,082 --> 00:47:17,001
You can examine
what I have here, if you like.
663
00:47:18,085 --> 00:47:19,211
Of course not.
664
00:47:19,712 --> 00:47:21,005
Then I'll just take these out.
665
00:47:21,505 --> 00:47:23,549
-Thanks, Mrs. Halbestadt.
-Here. Let me help you.
666
00:47:23,632 --> 00:47:25,092
No, no, no. I can manage all right.
667
00:47:25,176 --> 00:47:27,094
I'll take these outside. Please.
668
00:47:27,178 --> 00:47:28,179
Good night.
669
00:47:28,220 --> 00:47:29,555
(SPEAKS GERMAN)
670
00:47:42,276 --> 00:47:44,195
It's heavy. It's full of books and pictures
671
00:47:44,278 --> 00:47:47,073
things that mean nothing
to anyone but me.
672
00:47:47,698 --> 00:47:48,699
Mr. Schmidt?
673
00:47:48,741 --> 00:47:50,076
Your Honor.
674
00:47:51,577 --> 00:47:53,746
Would you drive
Mrs. Bertholt home, please?
675
00:47:53,829 --> 00:47:55,331
Yes, Your Honor.
676
00:47:55,414 --> 00:47:56,832
I hope you're comfortable here.
677
00:47:56,916 --> 00:47:58,292
Yes, I am. Very.
678
00:47:58,375 --> 00:48:00,795
My favorite spot was always the garden.
679
00:48:00,878 --> 00:48:04,090
Remind Mr. Halbestadt
to take good care of the rock garden.
680
00:48:04,131 --> 00:48:07,218
You'll get a great deal
of pleasure out of it in summer.
681
00:48:07,259 --> 00:48:09,470
I'll sit in front, thank you.
682
00:48:11,430 --> 00:48:12,431
Good night.
683
00:48:12,515 --> 00:48:13,557
Good night.
684
00:48:13,599 --> 00:48:15,101
Karolinenstrasse 115, please.
685
00:48:15,142 --> 00:48:16,519
Yes, madam.
686
00:48:17,269 --> 00:48:19,105
(ENGINE STARTING)
687
00:48:32,451 --> 00:48:34,328
(WHISPERING IN GERMAN)
688
00:48:36,789 --> 00:48:38,457
Sit down. Sit down.
689
00:48:40,459 --> 00:48:41,961
Uh, Mrs. Halbestadt,
690
00:48:42,044 --> 00:48:44,630
you worked for Mrs. Bertholt, didn't you?
691
00:48:45,756 --> 00:48:47,550
Yes, Your Honor.
692
00:48:47,633 --> 00:48:48,926
How long did she live here?
693
00:48:49,927 --> 00:48:51,512
Madame Bertholt?
694
00:48:51,846 --> 00:48:54,640
Oh, Madame Bertholt
and her family have lived here
695
00:48:54,682 --> 00:48:56,308
for many generations, Your Honor.
696
00:48:57,685 --> 00:48:59,019
Thank you.
697
00:49:00,729 --> 00:49:04,066
MRS. HALBESTADT: Your Honor,
you came in here for something?
698
00:49:04,150 --> 00:49:05,192
Oh, oh, yeah.
699
00:49:05,276 --> 00:49:07,653
Well, I was just going
to make myself a sandwich.
700
00:49:07,736 --> 00:49:09,321
Oh, we will make it for you.
701
00:49:09,363 --> 00:49:10,781
We will make you anything you want.
702
00:49:10,823 --> 00:49:11,949
No. No, it's nothing.
703
00:49:11,991 --> 00:49:14,076
I always used to do it
for myself back home.
704
00:49:14,160 --> 00:49:15,327
What would you like?
705
00:49:15,369 --> 00:49:18,497
I have some ham
and cheese and liverwurst.
706
00:49:18,539 --> 00:49:20,291
Cheese will be fine.
707
00:49:22,418 --> 00:49:24,336
That's very kind of you.
708
00:49:31,844 --> 00:49:33,345
Mr. Halbestadt,
709
00:49:33,387 --> 00:49:36,765
what was it like,
uh, living under National Socialism?
710
00:49:38,893 --> 00:49:40,311
What was it like?
711
00:49:40,769 --> 00:49:43,772
Yes. I mean, uh... Uh, day to day?
712
00:49:44,273 --> 00:49:46,901
You know, I know
many people at home like you.
713
00:49:46,984 --> 00:49:49,612
You're good people. I believe that.
714
00:49:49,695 --> 00:49:50,696
Uh,
715
00:49:51,238 --> 00:49:54,116
what was it like for you, living under Hitler?
716
00:49:54,200 --> 00:49:55,784
Uh, we were not political.
717
00:49:55,868 --> 00:49:58,370
Mr. Halbestadt and I are not political.
718
00:49:58,412 --> 00:49:59,455
(SPEAKING GERMAN)
719
00:49:59,538 --> 00:50:00,539
(SPEAKS GERMAN)
720
00:50:00,623 --> 00:50:01,999
No, but, uh,
721
00:50:02,541 --> 00:50:06,503
you must have been aware
of some of the events that were going on.
722
00:50:09,048 --> 00:50:11,675
Many things were
going on, Mr. Halbestadt.
723
00:50:11,717 --> 00:50:13,469
There were parades.
724
00:50:15,012 --> 00:50:17,723
Hitler and Goebbels came here every year.
725
00:50:19,308 --> 00:50:20,935
What was it like?
726
00:50:21,936 --> 00:50:24,688
We... We never attended meetings. Never.
727
00:50:24,855 --> 00:50:25,856
(CHUCKLES)
728
00:50:25,898 --> 00:50:28,025
I'm not trying to put you on trial.
729
00:50:28,067 --> 00:50:31,195
I'm just, uh... I'm just curious.
I'd like to know.
730
00:50:32,196 --> 00:50:33,739
Here's your sandwich, Your Honor.
731
00:50:33,822 --> 00:50:35,241
Thank you.
732
00:50:35,282 --> 00:50:36,784
You're welcome.
733
00:50:37,409 --> 00:50:38,744
Thank you.
734
00:50:40,246 --> 00:50:41,455
(SIGHING)
735
00:50:42,248 --> 00:50:44,416
For instance, there was
a place called Dachau
736
00:50:44,500 --> 00:50:46,585
which was not too many miles from here.
737
00:50:47,586 --> 00:50:50,339
Did you ever know
what was going on there?
738
00:50:51,298 --> 00:50:54,301
We knew nothing about it.
Nothing about it.
739
00:50:56,428 --> 00:51:00,975
How... How can you ask if...
If we knew anything about that?
740
00:51:02,977 --> 00:51:04,311
I'm sorry.
741
00:51:06,772 --> 00:51:10,109
Your Honor, we are only little people.
742
00:51:11,694 --> 00:51:13,654
We lost a son in the army
743
00:51:15,447 --> 00:51:17,700
and our daughter in the bombing.
744
00:51:19,660 --> 00:51:22,288
During the war we almost starved.
745
00:51:23,622 --> 00:51:25,541
It was terrible for us.
746
00:51:27,167 --> 00:51:28,794
I'm sure it was.
747
00:51:30,838 --> 00:51:35,092
Hitler... Hitler did some good things.
748
00:51:36,051 --> 00:51:38,804
I won't say he didn't do some good things.
749
00:51:39,763 --> 00:51:41,640
He built the <i>Autobahn.</i>
750
00:51:42,433 --> 00:51:44,435
He gave more people work.
751
00:51:45,269 --> 00:51:48,272
We won't say he didn't do
some good things.
752
00:51:49,815 --> 00:51:52,318
But the... The other things,
753
00:51:53,319 --> 00:51:56,030
the things they say
he did to the Jews and the rest,
754
00:51:56,113 --> 00:51:58,157
we knew nothing about that.
755
00:51:58,449 --> 00:52:00,200
Very few Germans did.
756
00:52:02,661 --> 00:52:05,080
And if we did know,
757
00:52:06,749 --> 00:52:08,375
what could we do?
758
00:52:09,126 --> 00:52:11,253
But Mrs. Halbestadt said you didn't know.
759
00:52:16,300 --> 00:52:17,384
(CLEARS THROAT)
760
00:52:17,468 --> 00:52:20,679
Mrs. Bertholt. How did...
How did, uh, she react to all this?
761
00:52:21,513 --> 00:52:24,850
Oh, Madame Bertholt
is a very fine woman, Your Honor.
762
00:52:25,601 --> 00:52:28,312
I'm sure she is.
What about her husband?
763
00:52:30,314 --> 00:52:31,607
He was in the army.
764
00:52:32,816 --> 00:52:34,568
What happened to him?
765
00:52:36,111 --> 00:52:40,240
He was one of the defendants
in the Malmedy case.
766
00:52:43,744 --> 00:52:47,206
General Bertholt. Karl Bertholt.
767
00:52:49,208 --> 00:52:51,293
He was executed, Your Honor.
768
00:52:53,545 --> 00:52:55,172
Yes, I know that.
769
00:52:59,093 --> 00:53:00,886
LAWSON:
The document then states that
770
00:53:00,969 --> 00:53:02,638
the photographer, Rudolf Lenz,
771
00:53:02,721 --> 00:53:05,099
is requested to present himself
within two weeks
772
00:53:05,182 --> 00:53:07,684
at one the hospitals mentioned below
773
00:53:08,185 --> 00:53:10,771
for medical treatment.
774
00:53:11,939 --> 00:53:15,442
Next, prosecution presents
affidavit document No. 488
775
00:53:15,526 --> 00:53:18,404
which concerns the seamstress,
Anni Meunch.
776
00:53:18,445 --> 00:53:20,614
Document reads as follows,
777
00:53:20,697 --> 00:53:24,034
"District Court, Frankfurt am Main,
has decided the following,
778
00:53:24,076 --> 00:53:28,288
"the seamstress, Anni Meunch, daughter
of Wilhelm Meunch is to be sterilized.
779
00:53:28,497 --> 00:53:31,125
"She is therefore requested
to present herself within two weeks
780
00:53:31,208 --> 00:53:34,086
"at one of the hospitals mentioned below.
781
00:53:34,128 --> 00:53:36,547
"If she does not
take herself voluntarily,
782
00:53:36,588 --> 00:53:38,799
"she will be taken by force."
783
00:53:39,883 --> 00:53:42,261
Next, document no. 449,
784
00:53:42,302 --> 00:53:45,305
interrogatories in the German
and English text
785
00:53:45,681 --> 00:53:48,267
concerning the farmer's helper,
Meyer Eichinger.
786
00:53:48,350 --> 00:53:49,685
Your Honor,
787
00:53:53,439 --> 00:53:54,565
defense objects
788
00:53:54,606 --> 00:53:57,443
to introduction of these
repetitive documents.
789
00:53:57,484 --> 00:54:00,237
According to the ruling of the first tribunal,
790
00:54:00,279 --> 00:54:02,739
such documents are not even admissible
791
00:54:02,781 --> 00:54:06,285
unless supported by independent
evidence of their authenticity.
792
00:54:08,120 --> 00:54:09,663
Objection sustained.
793
00:54:11,290 --> 00:54:14,334
Your Honor, uh,
may I ask the defense a question?
794
00:54:14,626 --> 00:54:16,003
HAYWOOD: Yes.
795
00:54:16,086 --> 00:54:17,713
Would evidence on sterilization
796
00:54:17,796 --> 00:54:20,340
be admissible if there were a witness?
797
00:54:30,809 --> 00:54:31,852
Yes.
798
00:54:31,935 --> 00:54:33,228
Thank you.
799
00:54:33,937 --> 00:54:36,982
Prosecution calls the witness,
Rudolph Petersen.
800
00:55:01,507 --> 00:55:03,717
Will you raise your right hand?
801
00:55:04,218 --> 00:55:06,178
I swear by God,
the Almighty and Omniscient,
802
00:55:06,220 --> 00:55:07,554
that I will speak the pure truth
803
00:55:07,638 --> 00:55:09,264
and withhold and add nothing.
804
00:55:10,015 --> 00:55:11,391
Yes, I do.
805
00:55:28,492 --> 00:55:32,371
Will you please tell the court your full
name and place of residence?
806
00:55:33,580 --> 00:55:35,123
Rudolph Petersen.
807
00:55:35,207 --> 00:55:38,001
Frankfurt am Main, Gratweg <i>Nummer 7.</i>
808
00:55:39,127 --> 00:55:41,588
LAWSON:
When were you born, Mr. Petersen?
809
00:55:41,713 --> 00:55:44,049
May 20, 1914.
810
00:55:44,925 --> 00:55:47,052
And, uh, what is your occupation?
811
00:55:47,761 --> 00:55:50,389
Baker's helper. I'm a baker's helper.
812
00:55:51,682 --> 00:55:54,142
Are your parents living?
813
00:55:55,060 --> 00:55:56,103
No.
814
00:55:57,145 --> 00:55:59,773
Oh, what were the causes of their deaths?
815
00:56:04,069 --> 00:56:07,573
Mr. Petersen, did they...
Did they die of natural causes?
816
00:56:07,990 --> 00:56:10,033
Yeah, yeah, yeah, natural.
817
00:56:11,827 --> 00:56:13,787
Mr. Petersen,
818
00:56:13,870 --> 00:56:17,249
what political party
did your father belong to?
819
00:56:17,332 --> 00:56:20,460
Communist. The Communist Party.
820
00:56:21,253 --> 00:56:22,462
Uh-huh.
821
00:56:22,921 --> 00:56:24,256
Now...
822
00:56:24,298 --> 00:56:26,508
Now think back.
823
00:56:26,592 --> 00:56:29,303
Do you remember anything unusual
824
00:56:29,469 --> 00:56:32,681
that happened to you
and your family in 1933,
825
00:56:33,307 --> 00:56:35,559
before the Nazis came to power?
826
00:56:36,435 --> 00:56:39,271
I mean, uh, anything of a violent nature.
827
00:56:40,439 --> 00:56:41,773
Yeah. Yeah.
828
00:56:42,566 --> 00:56:44,651
How old were you at the time?
829
00:56:44,735 --> 00:56:45,736
19.
830
00:56:46,820 --> 00:56:49,823
Would you please
tell the court what happened?
831
00:56:50,699 --> 00:56:52,659
Uh, some...
832
00:56:53,910 --> 00:56:57,664
Some S.A. men
broke into the house, our house,
833
00:57:00,125 --> 00:57:02,502
and they broke the windows and the door,
834
00:57:03,795 --> 00:57:05,922
and they called us traitors,
835
00:57:06,840 --> 00:57:11,637
and they tried to... To beat up my father.
836
00:57:12,638 --> 00:57:14,765
LAWSON: And what happened then?
837
00:57:14,806 --> 00:57:18,018
Well, my brothers and I,
we went to help him.
838
00:57:19,144 --> 00:57:21,813
And there was a fight,
839
00:57:21,897 --> 00:57:25,817
and finally we got them
outside in the street
840
00:57:25,901 --> 00:57:27,653
and we beat them up,
841
00:57:28,779 --> 00:57:31,281
and turned them over to the police.
842
00:57:32,157 --> 00:57:34,368
Did the police do anything about it?
843
00:57:34,534 --> 00:57:36,161
-No.
-Why not?
844
00:57:36,953 --> 00:57:38,497
It was then,
845
00:57:38,538 --> 00:57:42,542
at the time of the...
Of the national elections.
846
00:57:42,959 --> 00:57:45,170
LAWSON: Oh, you mean the time
the National Socialists
847
00:57:45,212 --> 00:57:46,254
came to power?
848
00:57:46,338 --> 00:57:47,339
Yeah.
849
00:57:47,381 --> 00:57:49,049
Now, Mr. Petersen,
850
00:57:50,050 --> 00:57:53,553
what happened after 1933,
851
00:57:54,012 --> 00:57:56,181
after the Nazis came to power?
852
00:57:56,640 --> 00:57:59,601
(SIGHING) I got a job on a farm,
853
00:58:00,227 --> 00:58:04,481
but for the work,
to drive a truck, it was necessary.
854
00:58:05,524 --> 00:58:09,778
I went to the city building
to apply for a license.
855
00:58:10,153 --> 00:58:12,114
And what happened there?
856
00:58:12,864 --> 00:58:15,742
They took me to an official.
857
00:58:17,577 --> 00:58:21,206
Did you ever have
any dealings with this, uh, official before?
858
00:58:22,124 --> 00:58:24,543
He was one of the men
859
00:58:26,044 --> 00:58:28,547
who broke into our house that night.
860
00:58:28,880 --> 00:58:31,341
What did he say to your application?
861
00:58:32,801 --> 00:58:36,388
He said an examination
there would have to be.
862
00:58:37,389 --> 00:58:40,100
Where was the examination to take place?
863
00:58:40,559 --> 00:58:43,395
In the District Court of Stuttgart.
864
00:58:44,396 --> 00:58:47,232
Who was the presiding justice in the court?
865
00:58:50,944 --> 00:58:52,779
Justice Hoffstetter.
866
00:58:54,906 --> 00:58:56,908
Now, what happened in the courtroom?
867
00:58:58,577 --> 00:59:02,164
Uh, they asked me my...
My full name and...
868
00:59:02,247 --> 00:59:04,291
And so forth.
869
00:59:04,958 --> 00:59:07,419
What else did they ask you?
870
00:59:08,128 --> 00:59:12,841
They asked me when Adolf Hitler
and Dr. Goebbels were born.
871
00:59:14,217 --> 00:59:15,927
What did you reply?
872
00:59:16,845 --> 00:59:21,850
I told them I didn't know,
and also that I didn't care.
873
00:59:21,933 --> 00:59:23,560
(PEOPLE LAUGHING)
874
00:59:28,190 --> 00:59:31,109
Did they, uh,
did they ask you any more questions?
875
00:59:31,777 --> 00:59:35,864
No. They told me that I would be
hearing from them in 10 days.
876
00:59:36,364 --> 00:59:39,743
I see. Now, Mr. Petersen,
877
00:59:41,661 --> 00:59:44,080
I'd like you to look at something.
878
00:59:57,135 --> 00:59:59,137
Do you recognize it?
879
00:59:59,179 --> 01:00:00,180
Yeah.
880
01:00:00,263 --> 01:00:02,474
Would you please read it for the tribunal?
881
01:00:05,644 --> 01:00:08,647
"District Court of Stuttgart.
882
01:00:09,606 --> 01:00:13,568
"The baker, Rudolph Petersen,
born May 20, 1914,
883
01:00:14,319 --> 01:00:18,156
"son of railway employee, Hans Petersen,
884
01:00:22,452 --> 01:00:24,204
"is to be sterilized."
885
01:00:25,330 --> 01:00:27,958
LAWSON:
Now would you read the last paragraph?
886
01:00:32,754 --> 01:00:35,882
"It is therefore requested
887
01:00:35,966 --> 01:00:39,344
"he present himself within two weeks
888
01:00:39,594 --> 01:00:42,597
"to one of the hospitals mentioned below.
889
01:00:43,849 --> 01:00:46,017
"If he does not
890
01:00:47,269 --> 01:00:50,397
"betake himself voluntarily,
891
01:00:52,941 --> 01:00:55,110
"he will be taken by force."
892
01:00:59,322 --> 01:01:01,908
Now, please read the signature
at the bottom.
893
01:01:05,287 --> 01:01:08,206
"Presiding Justice Hoffstetter."
894
01:01:12,335 --> 01:01:15,505
Would you read
what is written below the signature?
895
01:01:16,339 --> 01:01:17,424
Below?
896
01:01:17,507 --> 01:01:19,009
LAWSON: Below.
897
01:01:19,593 --> 01:01:22,178
"By authority of
898
01:01:23,346 --> 01:01:24,890
"Ernst Janning,
899
01:01:26,725 --> 01:01:28,518
"Minister of Justice."
900
01:01:31,813 --> 01:01:33,398
Your Honor,
901
01:01:36,067 --> 01:01:39,070
may the defense see the file
of Mr. Petersen?
902
01:01:40,614 --> 01:01:44,409
What did you do
after you received the letter, Mr. Petersen?
903
01:01:44,451 --> 01:01:49,205
I ran away.
I stayed at the farm of a friend I have.
904
01:01:49,915 --> 01:01:51,958
And, uh, did you return?
905
01:01:52,584 --> 01:01:53,585
Did I what?
906
01:01:53,668 --> 01:01:55,003
Did you return?
907
01:01:55,587 --> 01:01:57,088
Yes.
908
01:01:57,130 --> 01:01:59,007
And what happened then?
909
01:02:00,425 --> 01:02:02,010
The police came.
910
01:02:02,594 --> 01:02:04,304
The police came.
911
01:02:04,387 --> 01:02:05,597
Where did they take you?
912
01:02:08,600 --> 01:02:10,268
To the hospital.
913
01:02:10,352 --> 01:02:13,563
Uh, Mr. Petersen, excuse me.
914
01:02:13,605 --> 01:02:16,149
I wonder if you could
speak a little louder, please.
915
01:02:17,859 --> 01:02:19,694
To the hospital.
916
01:02:19,778 --> 01:02:21,571
And what happened at the hospital?
917
01:02:22,530 --> 01:02:24,282
They kept me there.
918
01:02:25,075 --> 01:02:27,994
The, uh, the nurse who was...
919
01:02:30,205 --> 01:02:32,248
Well, she came in, anyway.
920
01:02:32,707 --> 01:02:35,627
She was to prepare me for the operation.
921
01:02:35,669 --> 01:02:40,215
And she said she thought
the whole thing was terrible.
922
01:02:43,385 --> 01:02:47,514
And then the doctor came in
who was supposed to do the...
923
01:02:49,891 --> 01:02:53,228
And he said he thought it was awful.
924
01:02:55,146 --> 01:02:58,149
Were you, in fact, sterilized?
925
01:03:07,283 --> 01:03:09,828
LAWSON:
Thank you very much, Mr. Petersen.
926
01:03:11,246 --> 01:03:12,622
That's all.
927
01:03:14,833 --> 01:03:16,584
HAYWOOD: <i>Herr</i> Rolfe?
928
01:03:26,678 --> 01:03:28,054
Mr. Petersen,
929
01:03:28,138 --> 01:03:29,723
(CLEARING THROAT)
930
01:03:30,390 --> 01:03:34,019
You may take your earphones off now,
if you want to.
931
01:03:41,026 --> 01:03:42,610
Mr. Petersen,
932
01:03:42,694 --> 01:03:46,281
you say you work as a baker's helper?
Is that correct?
933
01:03:46,364 --> 01:03:48,158
Yes, that is right.
934
01:03:49,993 --> 01:03:52,537
What other occupations have you held?
935
01:03:52,620 --> 01:03:55,040
I have worked for my father.
936
01:03:56,124 --> 01:03:57,709
What did your father do?
937
01:03:58,626 --> 01:04:00,378
He was a railroad worker.
938
01:04:01,087 --> 01:04:03,548
Yes, but, uh, what did he do?
939
01:04:04,090 --> 01:04:09,012
Oh, he would raise and lower the barrier
940
01:04:10,221 --> 01:04:12,807
at the crossing, for traffic.
941
01:04:16,561 --> 01:04:18,938
And you spoke about your brothers.
942
01:04:19,773 --> 01:04:21,316
How many brothers do you have?
943
01:04:22,192 --> 01:04:23,193
Five.
944
01:04:23,651 --> 01:04:25,028
And sisters?
945
01:04:25,403 --> 01:04:26,446
Four.
946
01:04:26,529 --> 01:04:27,864
Then you are a family of 10?
947
01:04:27,906 --> 01:04:28,990
Yes.
948
01:04:31,826 --> 01:04:34,412
What occupations do your brothers have?
949
01:04:34,913 --> 01:04:36,122
Laborers.
950
01:04:37,332 --> 01:04:38,792
All laborers?
951
01:04:39,667 --> 01:04:40,710
I see.
952
01:04:42,378 --> 01:04:43,797
Mr. Petersen,
953
01:04:43,880 --> 01:04:46,966
you said the court at Stuttgart
asked you two questions,
954
01:04:47,050 --> 01:04:49,052
the birth dates of Hitler and Dr. Goebbels.
955
01:04:49,094 --> 01:04:50,595
Is that correct?
956
01:04:50,678 --> 01:04:52,430
Yes, correct.
957
01:04:52,514 --> 01:04:54,557
What else did they ask you?
958
01:04:55,100 --> 01:04:56,101
Uh,
959
01:04:57,227 --> 01:04:58,686
nothing else.
960
01:05:00,105 --> 01:05:01,439
Are you sure?
961
01:05:02,315 --> 01:05:05,443
Are you sure there were no questions
about your schooling?
962
01:05:05,527 --> 01:05:07,195
LAWSON: Objection!
963
01:05:07,737 --> 01:05:10,031
The witness has already
answered that question.
964
01:05:14,911 --> 01:05:16,621
Objection sustained.
965
01:05:22,001 --> 01:05:23,586
May I ask you,
966
01:05:24,879 --> 01:05:26,339
Mr. Petersen,
967
01:05:29,467 --> 01:05:30,927
may I ask you
968
01:05:34,305 --> 01:05:35,974
how long did you attend school?
969
01:05:36,975 --> 01:05:38,309
Six years.
970
01:05:38,351 --> 01:05:40,812
Six years? Why not longer?
971
01:05:41,938 --> 01:05:42,939
(EXHALING)
972
01:05:42,981 --> 01:05:44,649
I had to go to work.
973
01:05:45,233 --> 01:05:48,987
Would you consider yourself
a very bright fellow at school?
974
01:05:50,280 --> 01:05:52,031
School? It was a...
975
01:05:53,783 --> 01:05:56,161
It was a long while ago. I don't...
976
01:05:57,245 --> 01:06:00,415
Perhaps you were not able
to keep up with the others
977
01:06:00,498 --> 01:06:02,667
and that's why you did not continue?
978
01:06:02,750 --> 01:06:04,919
Objection, Your Honor.
979
01:06:05,003 --> 01:06:08,423
The witness' school record has nothing to
do with what happened to him.
980
01:06:08,506 --> 01:06:10,341
It was the task of the health court
981
01:06:10,425 --> 01:06:12,135
to sterilize the mentally incompetent.
982
01:06:17,098 --> 01:06:18,183
Objection overruled.
983
01:06:25,190 --> 01:06:28,902
Were you able, or were you not able
984
01:06:29,736 --> 01:06:31,821
to keep up with the others?
985
01:06:37,243 --> 01:06:39,621
I would like to refer
to the efficiency report
986
01:06:39,704 --> 01:06:41,873
made at the school about Mr. Petersen.
987
01:06:41,956 --> 01:06:46,377
He failed to be promoted, and was
placed in a class of backward children.
988
01:06:51,216 --> 01:06:55,053
You say your parents died
of natural causes.
989
01:06:55,094 --> 01:06:56,471
Yes.
990
01:06:56,554 --> 01:07:00,266
Would you describe in detail
the illness your mother died of?
991
01:07:00,350 --> 01:07:02,227
She died of her heart.
992
01:07:03,353 --> 01:07:05,230
In the last stages of her illness,
993
01:07:05,271 --> 01:07:10,902
did your mother show
any mental peculiarities?
994
01:07:10,944 --> 01:07:12,570
Uh, me...
995
01:07:12,654 --> 01:07:14,239
No. No.
996
01:07:15,823 --> 01:07:18,201
In the decision
that came down from Stuttgart,
997
01:07:18,243 --> 01:07:19,911
it is stated that your mother suffered
998
01:07:19,994 --> 01:07:21,913
from hereditary feeble-mindedness.
999
01:07:21,996 --> 01:07:23,206
That is not...
1000
01:07:23,248 --> 01:07:26,459
That is not true!
Not true! Not true!
1001
01:07:28,253 --> 01:07:30,922
Can you give us
some clarification as to how
1002
01:07:31,005 --> 01:07:33,049
the hereditary health court in Stuttgart
1003
01:07:33,091 --> 01:07:34,342
arrived at that decision?
1004
01:07:34,842 --> 01:07:37,762
It was just something they said
1005
01:07:37,804 --> 01:07:39,806
to put me on the operating table.
1006
01:07:39,889 --> 01:07:41,599
It was just something they said?
1007
01:07:41,683 --> 01:07:42,684
Yes!
1008
01:07:43,518 --> 01:07:47,647
Mr. Petersen, there was a simple test
1009
01:07:48,731 --> 01:07:52,777
that the health court used to ask
in all cases of mental incompetence.
1010
01:07:53,611 --> 01:07:56,281
Since you say they did not ask you then,
1011
01:07:56,656 --> 01:07:59,450
perhaps you can answer it for us now.
1012
01:07:59,492 --> 01:08:01,452
Form a sentence out of the words
1013
01:08:01,494 --> 01:08:03,204
"hare," "hunter," "field."
1014
01:08:03,288 --> 01:08:05,123
Your Honor, objection.
1015
01:08:10,420 --> 01:08:11,838
Mr. Petersen,
1016
01:08:13,881 --> 01:08:18,136
was the court in Stuttgart
constituted like this one?
1017
01:08:19,637 --> 01:08:22,140
I don't understand what...
1018
01:08:22,640 --> 01:08:24,142
Was there an audience?
1019
01:08:25,601 --> 01:08:27,395
An audience? Yes, yes.
1020
01:08:28,479 --> 01:08:29,814
Thank you.
1021
01:08:33,151 --> 01:08:34,861
Objection overruled.
1022
01:08:36,988 --> 01:08:41,284
"Hare," "hunter," "field."
1023
01:08:41,951 --> 01:08:43,411
Mr. Petersen,
1024
01:08:45,538 --> 01:08:47,081
take your time.
1025
01:08:49,334 --> 01:08:50,835
"Hare," "hunter," "field."
1026
01:08:50,918 --> 01:08:52,003
(GRUNTS)
1027
01:08:52,879 --> 01:08:54,464
(CLEARING THROAT)
1028
01:08:54,505 --> 01:08:58,134
"Hare," "hunter."
1029
01:09:01,429 --> 01:09:04,098
They had already made up...
1030
01:09:05,183 --> 01:09:08,519
When I walked into the court,
they had made up their minds.
1031
01:09:08,603 --> 01:09:10,813
They had made up their minds!
1032
01:09:11,773 --> 01:09:15,193
They put me in the hospital, like a criminal.
1033
01:09:15,234 --> 01:09:18,780
I could not say anything.
I could not do anything. I...
1034
01:09:21,532 --> 01:09:23,201
I had to lay there.
1035
01:09:26,079 --> 01:09:28,539
My... My mother,
1036
01:09:30,166 --> 01:09:32,085
what you say about her...
1037
01:09:32,168 --> 01:09:36,172
She was a woman,
a servant woman who worked hard.
1038
01:09:36,214 --> 01:09:38,132
She was a hardworking woman,
1039
01:09:38,216 --> 01:09:41,761
and it is not fair, not fair what you say.
1040
01:09:47,850 --> 01:09:49,060
Ah, here.
1041
01:09:51,104 --> 01:09:55,274
I want to show you.
I have here her... Her picture.
1042
01:09:56,150 --> 01:09:58,403
I would like you to look at it.
1043
01:10:10,039 --> 01:10:12,250
I would like you to judge.
1044
01:10:14,419 --> 01:10:18,464
I want that you tell me
1045
01:10:18,881 --> 01:10:21,426
was she feeble-minded?
1046
01:10:23,010 --> 01:10:24,345
My mother!
1047
01:10:26,389 --> 01:10:28,224
Was she feeble-minded?
1048
01:10:31,269 --> 01:10:32,770
Was she?
1049
01:10:43,030 --> 01:10:46,159
I feel it is my duty
to point out to the tribunal
1050
01:10:47,034 --> 01:10:50,621
that the witness
is not in control of his mental processes.
1051
01:10:51,414 --> 01:10:55,251
I know I am not. Since that day.
1052
01:10:56,836 --> 01:11:00,548
I've been half I've ever been.
1053
01:11:08,222 --> 01:11:11,309
The tribunal does not know
how you were before.
1054
01:11:12,351 --> 01:11:14,020
It can never know.
1055
01:11:15,605 --> 01:11:16,898
It has only your word.
1056
01:11:37,835 --> 01:11:38,836
(POUNDING GAVEL)
1057
01:11:38,920 --> 01:11:40,421
Court is adjourned.
1058
01:11:40,505 --> 01:11:41,923
(PEOPLE MURMURING)
1059
01:11:53,267 --> 01:11:55,853
That's one problem we have
with the prosecution.
1060
01:11:55,937 --> 01:11:58,189
It's filled with young radicals like Lawson.
1061
01:11:59,190 --> 01:12:01,609
Is that what Lawson is? A young radical?
1062
01:12:01,692 --> 01:12:04,695
Well, he was a personal protégé of F.D.R.
1063
01:12:04,737 --> 01:12:06,322
Well, F.D.R. had a few friends
1064
01:12:06,364 --> 01:12:08,032
who weren't radicals, didn't he?
1065
01:12:08,115 --> 01:12:09,367
Name one.
1066
01:12:09,867 --> 01:12:11,661
Well, Wendell Wilkie.
1067
01:12:11,702 --> 01:12:12,870
Wilkie.
1068
01:12:13,538 --> 01:12:15,957
Is he your idea of a conservative?
1069
01:12:16,707 --> 01:12:18,543
As a matter of fact, Dan,
1070
01:12:18,626 --> 01:12:20,836
I've been wondering how you stand.
1071
01:12:20,878 --> 01:12:22,838
Well, I'll clarify that for you, Curtiss.
1072
01:12:22,880 --> 01:12:25,258
I'm a rock-ribbed Republican
1073
01:12:25,341 --> 01:12:27,718
who thought
that Franklin Roosevelt was a great man.
1074
01:12:27,802 --> 01:12:28,886
(PEOPLE CLAPPING)
1075
01:12:28,928 --> 01:12:30,388
Oh, one of those?
1076
01:12:30,429 --> 01:12:31,430
(LAUGHING)
1077
01:12:34,308 --> 01:12:35,393
Max!
1078
01:12:36,227 --> 01:12:37,895
Max Perkins. You know him?
1079
01:12:37,979 --> 01:12:39,188
No, I don't think so.
1080
01:12:39,230 --> 01:12:41,274
He's with the United Press.
1081
01:12:45,236 --> 01:12:47,071
Max, what are you doing here?
1082
01:12:47,113 --> 01:12:49,323
I thought you might
kick up a row or something.
1083
01:12:49,407 --> 01:12:51,826
I haven't had that much to drink.
1084
01:12:51,909 --> 01:12:53,619
Oh, I'm sorry, this is Judge Ives.
1085
01:12:53,703 --> 01:12:55,204
-Hello.
-Mrs. Ives.
1086
01:12:55,246 --> 01:12:56,872
-How do you do?
-How do you do?
1087
01:12:56,914 --> 01:12:58,499
MAX: Judge Haywood, Mrs. Bertholt.
1088
01:12:58,583 --> 01:12:59,625
We have met.
1089
01:12:59,709 --> 01:13:01,043
Yes, we have.
1090
01:13:01,085 --> 01:13:03,170
IVES: Won't you join us for a drink?
1091
01:13:03,254 --> 01:13:05,047
We would like to very much.
1092
01:13:05,089 --> 01:13:07,049
IVES: Max, will you sit here?
MAX: Thank you.
1093
01:13:07,925 --> 01:13:12,138
Incidentally, Max, I admired your article
on Mrs. Bertholt very much.
1094
01:13:12,263 --> 01:13:16,434
It was straight reporting. Her defense
of her husband was quite eloquent.
1095
01:13:16,517 --> 01:13:18,769
IVES: Are you going to do a story
on these trials?
1096
01:13:19,478 --> 01:13:21,606
I'll tell you something frankly, Judge.
1097
01:13:21,647 --> 01:13:25,276
At the moment, I couldn't give a story
away on the Nuremberg trials.
1098
01:13:25,610 --> 01:13:27,111
What do you mean, Mr. Perkins?
1099
01:13:27,153 --> 01:13:29,363
The American public
just isn't interested anymore.
1100
01:13:29,864 --> 01:13:32,658
But the war's only been over two years,
Mr. Perkins.
1101
01:13:33,075 --> 01:13:34,368
That's right.
1102
01:13:34,452 --> 01:13:35,995
May I take your order, please?
1103
01:13:36,078 --> 01:13:37,663
Yes. See what the ladies will have.
1104
01:13:37,747 --> 01:13:38,998
How about some more beer, Dan?
1105
01:13:39,081 --> 01:13:41,292
No, no, no.
I think I've had my fill of beer.
1106
01:13:41,334 --> 01:13:43,461
I'd like to try something else, if I may.
1107
01:13:43,502 --> 01:13:45,463
Why don't you try some Sonnenberg,
1108
01:13:45,504 --> 01:13:47,923
or Schwalbenwinkel?
It's the local wine.
1109
01:13:47,965 --> 01:13:49,300
Sonnenberg or...
1110
01:13:49,342 --> 01:13:51,052
Schwalbenwinkel.
1111
01:13:51,135 --> 01:13:52,803
Yes, I think I'd like that.
1112
01:13:52,887 --> 01:13:54,847
Some Schweissenwinkel.
1113
01:13:54,930 --> 01:13:56,182
Will you have some?
1114
01:13:56,265 --> 01:13:57,725
Yes, thank you. I'll have the same.
1115
01:13:57,808 --> 01:13:59,226
Should we stay with the beer, Max?
1116
01:13:59,310 --> 01:14:00,478
Fine.
1117
01:14:00,519 --> 01:14:02,313
Thank you, thank you.
1118
01:14:02,355 --> 01:14:04,148
You got home all right the other night?
1119
01:14:04,190 --> 01:14:05,733
Oh, yes, thank you.
1120
01:14:05,816 --> 01:14:09,070
I don't know
what I would have done without the car.
1121
01:14:09,737 --> 01:14:12,573
You speak, uh, English very well,
Mrs. Bertholt.
1122
01:14:12,657 --> 01:14:13,866
Thank you.
1123
01:14:13,949 --> 01:14:16,661
My husband and I
spent three years in America.
1124
01:14:19,997 --> 01:14:23,042
I hope you had a chance
to see something of Nuremberg.
1125
01:14:23,125 --> 01:14:24,168
Well.
1126
01:14:24,210 --> 01:14:25,795
Well, I'm afraid mainly the...
1127
01:14:25,878 --> 01:14:29,548
The road between my house
and the Palace of Justice.
1128
01:14:29,632 --> 01:14:32,593
Uh, and then some places
that have to do with the case,
1129
01:14:32,677 --> 01:14:34,345
the historical aspects.
1130
01:14:34,387 --> 01:14:35,888
The Nazi aspects.
1131
01:14:36,681 --> 01:14:39,058
You should see some
of the other parts of Nuremberg.
1132
01:14:39,141 --> 01:14:42,269
There are many beautiful things to see
in the old part of town.
1133
01:14:42,353 --> 01:14:44,689
Museums we're trying to rebuild.
1134
01:14:44,730 --> 01:14:46,899
And there's a concert, a piano concert,
1135
01:14:46,982 --> 01:14:49,110
next week at the old opera house.
1136
01:14:49,193 --> 01:14:50,653
Arthur Reiss.
1137
01:14:51,070 --> 01:14:53,364
He was a refugee from Hitler
in the early days.
1138
01:14:54,198 --> 01:14:55,866
We've persuaded him to come back.
1139
01:14:55,908 --> 01:14:57,368
It ought to be quite an evening.
1140
01:14:57,827 --> 01:14:59,704
Would you like to come?
1141
01:14:59,745 --> 01:15:00,913
Yes, I would.
1142
01:15:01,747 --> 01:15:04,542
I'll tell them to leave a ticket for you
at the box office.
1143
01:15:04,625 --> 01:15:06,001
I'm on the committee.
1144
01:15:06,043 --> 01:15:07,628
Thank you very much, Mrs. Bertholt.
1145
01:15:07,712 --> 01:15:09,046
Oh, it's nothing.
1146
01:15:09,088 --> 01:15:11,132
You see, I have a mission
with the Americans,
1147
01:15:11,215 --> 01:15:13,008
as Mr. Perkins can tell you.
1148
01:15:13,050 --> 01:15:14,719
Oh, what is that?
1149
01:15:15,678 --> 01:15:18,597
To convince you that
we're not all monsters.
1150
01:15:22,560 --> 01:15:24,228
-Good evening, Colonel.
-Good evening.
1151
01:15:24,270 --> 01:15:25,646
Colonel. Major Radnitz.
1152
01:15:26,480 --> 01:15:28,607
Good evening, Mrs. Bertholt.
1153
01:15:31,736 --> 01:15:33,195
I hope you'll excuse me.
1154
01:15:33,237 --> 01:15:34,739
But you've just come, Mrs...
1155
01:15:34,822 --> 01:15:36,490
No, I must go. Please excuse me.
1156
01:15:36,574 --> 01:15:38,200
It was awfully nice meeting you.
1157
01:15:38,242 --> 01:15:39,952
If you really want to hear the concert,
1158
01:15:40,035 --> 01:15:41,912
there'll be a ticket for you at the box office.
1159
01:15:41,954 --> 01:15:43,581
-Thank you.
-Good night.
1160
01:15:43,664 --> 01:15:44,665
Good night.
1161
01:15:44,749 --> 01:15:45,750
Good night.
1162
01:15:45,791 --> 01:15:46,959
Good night, Mrs. Bertholt. Max.
1163
01:15:50,546 --> 01:15:51,547
(LAUGHS)
1164
01:15:52,590 --> 01:15:57,178
Mrs. Bertholt doesn't hold
a burning passion for me.
1165
01:15:58,262 --> 01:16:00,264
I prosecuted her husband.
1166
01:16:02,308 --> 01:16:04,685
There are many people
who think a death sentence
1167
01:16:04,769 --> 01:16:07,271
would not have been passed
against General Bertholt today.
1168
01:16:07,772 --> 01:16:09,648
Oh, I'm sure there are.
1169
01:16:10,191 --> 01:16:12,318
I'm... I'm sure there are
people who think
1170
01:16:12,401 --> 01:16:15,738
all the prisoners in Nuremberg
should be free today.
1171
01:16:15,780 --> 01:16:17,782
All of them. Let... Let...
1172
01:16:19,033 --> 01:16:20,075
Excuse me.
1173
01:16:20,701 --> 01:16:22,119
I've had, uh...
1174
01:16:22,953 --> 01:16:25,122
I've had one or two too many
1175
01:16:25,164 --> 01:16:28,334
as might be painfully obvious
to you gentlemen.
1176
01:16:28,417 --> 01:16:29,960
The spectacle this afternoon
1177
01:16:30,002 --> 01:16:32,797
with Mr. Petersen put me off my feed.
I'm sorry.
1178
01:16:32,838 --> 01:16:37,009
Three beers and Schwalbenwinkel, please.
1179
01:16:41,013 --> 01:16:42,723
(SPEAKS GERMAN)
1180
01:16:43,724 --> 01:16:45,226
Schwalbenwinkel.
1181
01:16:45,309 --> 01:16:46,602
Schwalbenwinkel.
1182
01:16:47,561 --> 01:16:49,313
Yeah, it's good beer.
1183
01:16:49,355 --> 01:16:50,898
They make it good in this country.
1184
01:16:50,981 --> 01:16:52,024
Mmm.
1185
01:16:52,107 --> 01:16:53,234
You know...
1186
01:16:53,984 --> 01:16:57,321
You know, there's, uh,
there's one thing about Americans.
1187
01:16:58,405 --> 01:17:00,908
We're not cut out to be occupiers.
1188
01:17:00,991 --> 01:17:04,036
We're new at it.
We're not very good at it.
1189
01:17:04,119 --> 01:17:06,997
We... We... We come over here,
and what do we see?
1190
01:17:07,998 --> 01:17:10,459
We see this beautiful country.
1191
01:17:10,501 --> 01:17:13,045
It is beautiful.
It's very beautiful.
1192
01:17:13,671 --> 01:17:16,924
We see the culture
that goes back for hundreds of years.
1193
01:17:17,007 --> 01:17:19,093
We see its <i>gemutlich</i> charm,
1194
01:17:19,927 --> 01:17:23,514
and the charm of people like,
uh, Mrs. Bertholt.
1195
01:17:24,890 --> 01:17:27,726
We... We've got a built-in
inferiority complex.
1196
01:17:27,810 --> 01:17:30,187
We forgive and forget easy.
1197
01:17:30,646 --> 01:17:32,815
We give the other guy
the benefit of the doubt.
1198
01:17:32,857 --> 01:17:35,109
That's the American way.
1199
01:17:35,192 --> 01:17:36,777
(LAUGHING)
1200
01:17:36,861 --> 01:17:38,737
We beat the greatest war machine
1201
01:17:38,821 --> 01:17:40,823
since Alexander the Great.
1202
01:17:42,032 --> 01:17:44,368
And now the boy scouts take over.
1203
01:17:45,995 --> 01:17:47,580
The trouble with you, Colonel,
1204
01:17:47,663 --> 01:17:49,582
is you'd like to indict the whole country.
1205
01:17:49,665 --> 01:17:52,710
Now that might be
emotionally satisfying to you,
1206
01:17:52,793 --> 01:17:55,838
but it wouldn't be exactly practical,
and hardly fair.
1207
01:17:57,298 --> 01:17:58,716
Hardly fair?
1208
01:18:01,927 --> 01:18:03,137
"Hare."
1209
01:18:04,305 --> 01:18:05,556
"Hunter."
1210
01:18:06,932 --> 01:18:08,183
"Field."
1211
01:18:09,810 --> 01:18:11,896
That's right, let's be fair.
1212
01:18:12,897 --> 01:18:15,941
"The hare was shot
by the hunter in the field."
1213
01:18:16,734 --> 01:18:17,985
It's really quite simple.
1214
01:18:20,362 --> 01:18:21,363
Uh,
1215
01:18:22,031 --> 01:18:25,367
Colonel, I think we ought to be going.
1216
01:18:25,409 --> 01:18:28,078
Yes, we really shouldn't be discussing this.
1217
01:18:28,120 --> 01:18:29,872
Oh, no, no, Judge.
1218
01:18:29,914 --> 01:18:32,082
We're fair Americans, and true-blue.
1219
01:18:32,124 --> 01:18:34,126
We mustn't do anything that's out of order.
1220
01:18:34,209 --> 01:18:37,421
No, sir. We can't do anything
that's out of order.
1221
01:18:41,091 --> 01:18:43,260
There are no Nazis in Germany.
1222
01:18:43,302 --> 01:18:45,471
Didn't you know that, Judge?
1223
01:18:45,554 --> 01:18:48,599
The Eskimos invaded Germany
and took over.
1224
01:18:48,682 --> 01:18:51,352
That's how all those
terrible things happened.
1225
01:18:51,435 --> 01:18:53,187
It wasn't the fault of the Germans.
1226
01:18:53,270 --> 01:18:55,940
It was the fault of those damn Eskimos.
1227
01:18:58,609 --> 01:19:00,945
Excuse me. Excuse me.
1228
01:19:01,445 --> 01:19:02,613
Good night, Colonel.
1229
01:19:02,696 --> 01:19:04,073
Good night.
1230
01:19:18,253 --> 01:19:20,089
Can I have your attention, please?
1231
01:19:20,130 --> 01:19:21,966
I'm sorry to interrupt your dancing.
1232
01:19:22,049 --> 01:19:25,594
The following officers
are requested to report to their units.
1233
01:19:25,636 --> 01:19:31,141
Major McCarthy, Major Citron,
Major Cantor, Captain Byers,
1234
01:19:31,183 --> 01:19:35,020
Captain Connell,
Captain Douglas, Captain Wolfe,
1235
01:19:35,104 --> 01:19:37,564
Major Booth, and Major Rice.
1236
01:19:38,315 --> 01:19:40,776
Thank you. You can continue dancing.
1237
01:19:41,610 --> 01:19:43,278
(BAND STARTS PLAYING)
1238
01:19:44,154 --> 01:19:45,656
Harry, what is it?
1239
01:19:46,365 --> 01:19:48,617
The Russians have made their move
in Czechoslovakia.
1240
01:19:48,659 --> 01:19:50,202
It's rumored Masaryk committed suicide.
1241
01:19:50,285 --> 01:19:51,996
We're sending some units up there.
1242
01:19:52,079 --> 01:19:54,289
IVES: What do you think's gonna happen?
1243
01:19:54,331 --> 01:19:55,833
I don't know.
1244
01:19:59,336 --> 01:20:00,963
Uh, Judge Haywood,
1245
01:20:03,048 --> 01:20:04,174
Elsa Scheffler.
1246
01:20:05,009 --> 01:20:06,010
(SPEAKS GERMAN)
1247
01:20:08,012 --> 01:20:09,013
(SPEAKS GERMAN)
1248
01:20:13,350 --> 01:20:15,519
"President Truman
responded to the crisis
1249
01:20:15,602 --> 01:20:18,397
"by calling for an extension
of military training.
1250
01:20:18,480 --> 01:20:20,816
"He stated that he is deeply concerned
1251
01:20:20,858 --> 01:20:23,193
"with the survival of the Western nations
1252
01:20:23,235 --> 01:20:26,196
"in face of the threat from the east."
1253
01:20:26,238 --> 01:20:28,157
"Threat from the east." (SCOFFS)
1254
01:20:28,198 --> 01:20:30,284
<i>Herr</i> Janning, did you hear this?
1255
01:20:30,367 --> 01:20:32,536
<i>Herr</i> Janning, did you hear
what's in the paper?
1256
01:20:32,578 --> 01:20:34,038
Exactly what Hitler said.
1257
01:20:34,121 --> 01:20:36,874
"The clash for survival
between east and west."
1258
01:20:36,915 --> 01:20:38,584
He knew, he knew!
1259
01:20:39,168 --> 01:20:42,921
They'll see that we knew
exactly what we were doing all the time.
1260
01:20:43,005 --> 01:20:44,631
They cannot call us criminals,
1261
01:20:44,715 --> 01:20:46,800
and at the same time ask us to help them.
1262
01:20:47,384 --> 01:20:49,178
We must stand together now.
1263
01:20:49,219 --> 01:20:52,056
The most crucial part of this case
is coming up.
1264
01:20:52,639 --> 01:20:55,559
We have fallen on happy times, <i>Herr</i> Hahn.
1265
01:20:55,601 --> 01:20:57,895
In the old times
it would have made your day
1266
01:20:57,936 --> 01:21:00,189
if I'd deigned to say good morning to you.
1267
01:21:00,230 --> 01:21:02,941
Now that we are here
in this place together,
1268
01:21:03,025 --> 01:21:06,445
you feel obliged to tell me
what to do with my life.
1269
01:21:06,528 --> 01:21:08,489
<i>Herr</i> Janning, you must stand with us.
1270
01:21:08,572 --> 01:21:10,741
It is not good for Germans
to turn on one another.
1271
01:21:10,824 --> 01:21:12,951
We have a common ground now.
1272
01:21:14,536 --> 01:21:16,371
Listen to me, <i>Herr</i> Hahn.
1273
01:21:16,413 --> 01:21:17,915
There have been terrible things
1274
01:21:17,956 --> 01:21:19,666
that have happened to me in my life.
1275
01:21:19,750 --> 01:21:21,752
But the worst thing
that has ever happened
1276
01:21:21,794 --> 01:21:24,838
is to find myself
in the company of men like you.
1277
01:21:24,922 --> 01:21:27,800
I have nothing in common
with you and party hacks like you.
1278
01:21:27,883 --> 01:21:29,426
You have something in common.
1279
01:21:29,468 --> 01:21:31,345
You were part of that same regime.
1280
01:21:31,428 --> 01:21:33,764
You stood by that regime,
the same as the rest of us.
1281
01:21:33,847 --> 01:21:36,892
And there's something else
you have in common.
1282
01:21:37,309 --> 01:21:38,936
You are a German.
1283
01:21:41,188 --> 01:21:42,731
(PIANO PLAYING)
1284
01:22:59,892 --> 01:23:01,643
(INDISTINCT CONVERSATIONS)
1285
01:23:12,529 --> 01:23:14,031
Good evening. Did you like it?
1286
01:23:14,072 --> 01:23:16,867
Oh, yes, I did, I did. Very much indeed.
1287
01:23:16,909 --> 01:23:18,035
Can I drop you?
1288
01:23:18,118 --> 01:23:19,870
I only live a few blocks from here.
1289
01:23:19,912 --> 01:23:21,705
I was going to walk.
1290
01:23:21,788 --> 01:23:23,665
Would you like to go for a walk?
1291
01:23:23,707 --> 01:23:24,875
Yes, yes, I would.
1292
01:23:24,917 --> 01:23:27,544
I won't need the car now.
I'll walk with Mrs. Bertholt.
1293
01:23:27,586 --> 01:23:29,254
You want me to wait for you, Your Honor?
1294
01:23:29,338 --> 01:23:30,505
No, no, that won't be necessary.
1295
01:23:30,547 --> 01:23:32,799
I'll wait for you, Your Honor.
1296
01:23:36,261 --> 01:23:38,388
(MEN SINGING IN GERMAN)
1297
01:24:08,710 --> 01:24:12,547
The German people love to sing,
no matter what the situation.
1298
01:24:12,589 --> 01:24:14,258
I've noticed that.
1299
01:24:15,509 --> 01:24:18,345
Do American people sing in bars, too?
1300
01:24:18,428 --> 01:24:20,555
I have forgotten.
1301
01:24:20,597 --> 01:24:23,433
No. We're apt to be pretty sullen in bars.
1302
01:24:26,395 --> 01:24:28,188
(SINGING IN GERMAN)
1303
01:24:35,445 --> 01:24:36,989
I wish you understood German.
1304
01:24:38,532 --> 01:24:40,867
The words are very beautiful.
1305
01:24:40,951 --> 01:24:41,952
Very sad.
1306
01:24:42,953 --> 01:24:45,455
Much sadder than the... The English words.
1307
01:24:46,415 --> 01:24:49,710
The German soldier knows
he's going to lose his girl
1308
01:24:51,295 --> 01:24:52,296
and his life.
1309
01:24:55,674 --> 01:24:57,426
The lantern burns every night.
1310
01:24:57,467 --> 01:24:59,303
It knows the steps
1311
01:25:00,429 --> 01:25:02,222
and the way you walk.
1312
01:25:03,515 --> 01:25:06,810
It burns every night,
but I've been long forgotten.
1313
01:25:08,395 --> 01:25:10,022
Should harm come to me...
1314
01:25:11,273 --> 01:25:13,275
Who will stand with you
1315
01:25:14,234 --> 01:25:15,902
under the lantern?
1316
01:25:17,112 --> 01:25:20,365
With you, Lili Marleen.
1317
01:25:28,665 --> 01:25:30,792
What is your life like in America?
1318
01:25:31,126 --> 01:25:32,836
Do you have a family?
1319
01:25:32,919 --> 01:25:36,423
Yes, I have a daughter,
and she has four children.
1320
01:25:36,506 --> 01:25:39,801
Four? You must be very proud of them.
1321
01:25:39,843 --> 01:25:41,678
Yes, I am. I admit it.
1322
01:25:42,721 --> 01:25:44,264
And where's your wife?
1323
01:25:44,348 --> 01:25:46,350
She died a few years ago.
1324
01:25:46,933 --> 01:25:48,310
Cigarettes?
1325
01:25:50,062 --> 01:25:51,855
How about you?
Do you have children?
1326
01:25:51,897 --> 01:25:53,357
No, I don't.
1327
01:25:54,983 --> 01:25:56,693
What is your position in America?
1328
01:25:56,777 --> 01:25:58,612
It must be important.
1329
01:25:58,695 --> 01:26:02,115
No, it isn't, really.
I'm a District Court judge.
1330
01:26:02,199 --> 01:26:04,826
I haven't even been that for the last year.
1331
01:26:04,868 --> 01:26:06,453
Are you retired?
1332
01:26:06,536 --> 01:26:09,039
Forcibly, by the electorate.
1333
01:26:09,081 --> 01:26:12,376
You elect judges in the United States?
1334
01:26:12,417 --> 01:26:14,378
Yes, in some states.
1335
01:26:14,419 --> 01:26:16,213
I didn't know that.
1336
01:26:16,296 --> 01:26:18,048
Well, it's either one of the virtues
1337
01:26:18,131 --> 01:26:20,217
or one of the defects
of our judiciary system.
1338
01:26:20,258 --> 01:26:22,344
I thought it was
one of the virtues until last year,
1339
01:26:22,386 --> 01:26:24,429
when I was defeated.
1340
01:26:24,513 --> 01:26:27,808
I'm sure it was the fault
of the electorate, not yours.
1341
01:26:27,891 --> 01:26:30,435
Seems to be some difference
of opinion about that.
1342
01:26:34,564 --> 01:26:36,400
This is where I live.
1343
01:26:36,483 --> 01:26:37,776
Here?
1344
01:26:37,859 --> 01:26:39,986
Yes. It's not so bad inside.
1345
01:26:40,070 --> 01:26:41,363
Would you like to come up?
1346
01:26:41,405 --> 01:26:42,572
I could make some coffee.
1347
01:26:42,656 --> 01:26:44,241
Yes, thank you.
1348
01:27:02,426 --> 01:27:05,178
Things haven't been
very easy for you, have they?
1349
01:27:05,262 --> 01:27:07,556
I'm not used to them being easy.
1350
01:27:07,597 --> 01:27:09,808
I'm not fragile, Judge Haywood.
1351
01:27:10,559 --> 01:27:12,561
I'm a daughter of the military.
1352
01:27:13,103 --> 01:27:15,480
You know what that means, don't you?
1353
01:27:15,564 --> 01:27:17,149
No, I'm afraid I don't.
1354
01:27:17,774 --> 01:27:20,193
It means I was taught discipline.
1355
01:27:21,153 --> 01:27:23,113
A very special kind of discipline.
1356
01:27:23,196 --> 01:27:24,656
For instance, when I was a child,
1357
01:27:24,739 --> 01:27:28,034
we used to go for long rides
into the country in summertime.
1358
01:27:28,118 --> 01:27:29,453
But I was never allowed to run
1359
01:27:29,536 --> 01:27:32,456
to the lemonade stand with the others.
1360
01:27:32,497 --> 01:27:35,417
I was told, "Control your thirst.
1361
01:27:37,127 --> 01:27:38,712
"Control hunger.
1362
01:27:39,963 --> 01:27:41,465
"Control emotion."
1363
01:27:42,132 --> 01:27:43,925
It has served me well.
1364
01:27:45,218 --> 01:27:46,595
And your husband?
1365
01:27:46,636 --> 01:27:49,055
Was he of that heritage, too?
1366
01:27:49,139 --> 01:27:50,807
My husband was a soldier.
1367
01:27:50,849 --> 01:27:53,268
He was brought up to do one thing,
1368
01:27:53,310 --> 01:27:55,979
to fight in the battle, and fight well.
1369
01:27:58,940 --> 01:28:00,317
Is the coffee all right?
1370
01:28:00,400 --> 01:28:01,902
Fine, thank you.
1371
01:28:01,985 --> 01:28:04,488
It's ersatz, but I always try
to make it strong.
1372
01:28:04,529 --> 01:28:05,864
It's fine.
1373
01:28:11,912 --> 01:28:13,330
I'm curious.
1374
01:28:15,332 --> 01:28:16,791
What do you think of Ernst Janning?
1375
01:28:19,419 --> 01:28:20,837
Mrs. Bertholt, I...
1376
01:28:20,879 --> 01:28:24,883
I really am not at liberty to discuss the case
outside of the courtroom.
1377
01:28:25,550 --> 01:28:27,302
Oh, yes, of course.
1378
01:28:32,474 --> 01:28:33,850
I knew Ernst Janning a little.
1379
01:28:34,518 --> 01:28:37,020
We used to attend the same concerts.
1380
01:28:37,354 --> 01:28:39,439
I remember there was a reception given
1381
01:28:39,523 --> 01:28:40,941
for Wagner's daughter-in-law.
1382
01:28:41,024 --> 01:28:42,192
Hitler was there.
1383
01:28:43,026 --> 01:28:45,195
Ernst Janning was there with his wife.
1384
01:28:46,363 --> 01:28:47,739
She was very beautiful,
1385
01:28:48,573 --> 01:28:50,575
very small, very delicate.
1386
01:28:51,159 --> 01:28:52,744
She's dead now.
1387
01:28:53,870 --> 01:28:56,122
Hitler was quite taken with her.
1388
01:28:56,206 --> 01:28:58,708
He made advances towards her
during the reception.
1389
01:28:59,292 --> 01:29:02,837
He used to do things like that
in a burst of emotion.
1390
01:29:02,879 --> 01:29:06,049
I will never forget the way
Ernst Janning cut him down.
1391
01:29:07,008 --> 01:29:09,844
I don't think anybody
ever did it to him quite that way.
1392
01:29:09,886 --> 01:29:12,055
He said, "Chancellor,
1393
01:29:12,681 --> 01:29:15,850
"I do not object so much
that you are so ill-mannered.
1394
01:29:16,851 --> 01:29:19,187
"I do not object to that so much.
1395
01:29:20,188 --> 01:29:22,732
"I object that you are such a bourgeois."
1396
01:29:24,109 --> 01:29:27,362
Hitler whitened,
stared at Janning, and walked out.
1397
01:29:32,409 --> 01:29:34,578
Is the coffee really all right?
1398
01:29:34,619 --> 01:29:36,204
Fine, thank you.
1399
01:29:39,249 --> 01:29:40,917
Men, like Janning,
1400
01:29:41,751 --> 01:29:43,295
my husband and I,
1401
01:29:43,378 --> 01:29:45,589
we hated Hitler. I want you to know that.
1402
01:29:46,256 --> 01:29:47,841
And he hated us.
1403
01:29:48,675 --> 01:29:52,095
He hated my husband
because he was a real war hero,
1404
01:29:52,137 --> 01:29:54,764
and the little corporal
couldn't tolerate that.
1405
01:29:55,599 --> 01:29:58,768
And he hated him because
he married into nobility
1406
01:29:58,852 --> 01:30:00,729
which was my family.
1407
01:30:01,521 --> 01:30:03,231
Hitler was in awe of the nobility,
1408
01:30:03,273 --> 01:30:04,816
but he hated it.
1409
01:30:06,693 --> 01:30:10,155
That's why it's so ironic, what happened.
1410
01:30:14,701 --> 01:30:17,078
You know what happened
to my husband, don't you?
1411
01:30:17,120 --> 01:30:18,204
Yes.
1412
01:30:18,580 --> 01:30:22,167
What did he know of the crimes
they cited him for?
1413
01:30:22,792 --> 01:30:25,962
He was placed on trial
with the other military leaders.
1414
01:30:26,755 --> 01:30:28,298
It was part of their revenge.
1415
01:30:28,381 --> 01:30:31,176
The victors always take on the vanquished.
1416
01:30:32,636 --> 01:30:34,638
It was political murder.
1417
01:30:35,680 --> 01:30:37,807
You can see that, can't you?
1418
01:30:39,017 --> 01:30:42,270
Mrs. Bertholt, I don't know what I see.
1419
01:30:43,605 --> 01:30:45,315
I probably shouldn't be here
1420
01:30:45,357 --> 01:30:47,776
talking with you about this at all.
1421
01:30:48,818 --> 01:30:50,612
But I want to understand.
1422
01:30:50,654 --> 01:30:52,656
I do want to understand.
1423
01:30:53,782 --> 01:30:55,116
I have to.
1424
01:31:08,922 --> 01:31:11,216
Would you like some more coffee?
1425
01:31:11,883 --> 01:31:13,426
Yes, thank you.
1426
01:31:22,811 --> 01:31:23,853
Hi.
1427
01:31:24,479 --> 01:31:25,522
Hi.
1428
01:31:27,691 --> 01:31:28,775
(SIGHING)
1429
01:31:28,858 --> 01:31:30,694
We found Irene Hoffman.
1430
01:31:32,487 --> 01:31:33,655
Where?
1431
01:31:33,697 --> 01:31:35,031
Berlin.
1432
01:31:35,073 --> 01:31:36,658
Berlin, huh?
1433
01:31:36,700 --> 01:31:39,035
She got married. Her name is Wallner now.
1434
01:31:39,077 --> 01:31:41,204
That's why we had difficulty locating her.
1435
01:31:41,246 --> 01:31:42,706
When is she coming?
1436
01:31:42,747 --> 01:31:43,957
She's not coming.
1437
01:31:44,666 --> 01:31:46,543
What do you mean, she's not coming?
1438
01:31:46,626 --> 01:31:48,545
She doesn't want to come.
1439
01:31:48,586 --> 01:31:50,004
You know what it's like.
1440
01:31:50,046 --> 01:31:52,382
None of them want to testify anymore.
1441
01:31:53,341 --> 01:31:55,385
If I catch the midnight,
1442
01:31:55,468 --> 01:31:56,886
I could make it to Berlin,
1443
01:31:56,928 --> 01:31:58,722
and be back by tomorrow afternoon.
1444
01:31:58,805 --> 01:32:00,306
Tad, you haven't had any sleep...
1445
01:32:00,390 --> 01:32:02,392
It'll be worth it if I can get Hoffman.
1446
01:32:02,475 --> 01:32:05,437
Take over for me in court
in the morning, will you?
1447
01:32:58,281 --> 01:32:59,491
WALLNER: Colonel, please!
1448
01:32:59,574 --> 01:33:02,535
I have told you this before,
when you first came in.
1449
01:33:02,619 --> 01:33:04,329
I say it again now.
1450
01:33:04,412 --> 01:33:06,581
We are through with all this.
1451
01:33:06,623 --> 01:33:09,959
She does not have to go,
you have no right to order her to go.
1452
01:33:10,001 --> 01:33:12,086
Mr. Wallner, I'm not ordering her to go.
1453
01:33:12,128 --> 01:33:14,380
I have no authority to order her to go.
1454
01:33:14,464 --> 01:33:15,924
Do you think we get a medal
1455
01:33:15,965 --> 01:33:17,967
for appearing at these trials?
1456
01:33:18,051 --> 01:33:19,302
The people do not like them.
1457
01:33:19,385 --> 01:33:20,929
They do not believe that Germans
1458
01:33:20,970 --> 01:33:22,639
should testify against other Germans.
1459
01:33:22,680 --> 01:33:25,600
Now, look, look, I...
I haven't been prosecuting these cases
1460
01:33:25,642 --> 01:33:28,478
for the past two years
without knowing that.
1461
01:33:36,152 --> 01:33:38,321
It is easy for you to say go.
1462
01:33:38,404 --> 01:33:40,490
After the trial
you will go back to America,
1463
01:33:40,532 --> 01:33:42,742
but we must stay here
and live with these people.
1464
01:33:42,826 --> 01:33:46,037
Mr. Wallner, don't you think
I realize what I'm asking?
1465
01:33:46,120 --> 01:33:49,249
Then how can you come in like
the gestapo, in the middle of the night...
1466
01:33:49,332 --> 01:33:53,169
Because they must not
be allowed to get away with what they did.
1467
01:33:54,003 --> 01:33:57,465
You really think
they won't get away with it in the end?
1468
01:34:00,510 --> 01:34:02,929
I say the hell with them,
and the hell with you.
1469
01:34:03,012 --> 01:34:04,138
Hugo.
1470
01:34:15,191 --> 01:34:17,527
Emil Hahn will be there?
1471
01:34:19,028 --> 01:34:21,197
Yes. In the dock.
1472
01:34:24,367 --> 01:34:25,869
Ernst Janning?
1473
01:34:27,954 --> 01:34:29,038
Yes.
1474
01:34:39,215 --> 01:34:41,426
You saw the store downstairs.
1475
01:34:44,345 --> 01:34:48,766
It's not much,
but it's a new start for us.
1476
01:34:51,561 --> 01:34:54,397
They will come if I go to Nuremberg.
1477
01:34:57,275 --> 01:35:01,404
They will come
and break the windows of the store.
1478
01:35:01,487 --> 01:35:04,073
I'll place a guard in front of the store,
24 hours a day.
1479
01:35:04,157 --> 01:35:05,575
You do not have to go, Irene.
1480
01:35:05,617 --> 01:35:09,329
-He has no right to ask you to go.
-You do have to go.
1481
01:35:09,412 --> 01:35:11,331
You have to go, for all those people
1482
01:35:11,414 --> 01:35:13,458
who can't get up there
on the stand themselves.
1483
01:35:13,541 --> 01:35:15,209
You do not owe it to anybody, Irene!
1484
01:35:15,251 --> 01:35:18,171
-Yes, you do!
-You do not owe it to anybody.
1485
01:35:19,255 --> 01:35:20,757
You owe it...
1486
01:35:21,382 --> 01:35:23,885
You owe it to one person, at least.
1487
01:35:32,602 --> 01:35:33,811
(CRIES)
1488
01:35:44,113 --> 01:35:45,615
In the night,
1489
01:35:46,324 --> 01:35:47,742
every night,
1490
01:35:49,786 --> 01:35:53,539
we've known somehow
it would come to this.
1491
01:36:06,970 --> 01:36:07,095
1492
01:39:57,033 --> 01:40:00,494
RADNITZ: Dr. Geuter,
do you recognize that headline?
1493
01:40:00,536 --> 01:40:01,913
GEUTER: Yes, sir.
1494
01:40:01,996 --> 01:40:04,373
Would you read it to the tribunal?
1495
01:40:04,624 --> 01:40:06,876
"Death to the race defiler."
1496
01:40:06,959 --> 01:40:08,753
In what newspaper did it appear?
1497
01:40:09,503 --> 01:40:11,839
In Julius Stretcher's <i>Der Stürmer.</i>
1498
01:40:12,298 --> 01:40:14,592
What was it in connection with?
1499
01:40:15,509 --> 01:40:17,345
The Feldenstein case.
1500
01:40:17,637 --> 01:40:19,847
What was the Feldenstein case?
1501
01:40:20,097 --> 01:40:24,518
Your Honor, defense objects
to the introduction of the Feldenstein case.
1502
01:40:24,602 --> 01:40:28,439
It is a notorious case,
perhaps the most notorious of the period.
1503
01:40:28,522 --> 01:40:30,441
It has overtones,
1504
01:40:31,692 --> 01:40:35,071
and appeals to emotion
that would perhaps be best not raised.
1505
01:40:36,530 --> 01:40:40,368
There are no issues or overtones
that may not be raised in this courtroom.
1506
01:40:40,451 --> 01:40:43,537
The tribunal is interested
in everything that is relevant.
1507
01:40:43,579 --> 01:40:45,498
Objection is overruled.
1508
01:40:50,211 --> 01:40:52,421
It's all right. I'll take it.
1509
01:40:55,841 --> 01:40:57,885
May it please the tribunal?
1510
01:40:57,927 --> 01:41:00,471
-You may continue.
-Thank you.
1511
01:41:09,438 --> 01:41:10,606
Now.
1512
01:41:11,315 --> 01:41:13,526
What was the Feldenstein case?
1513
01:41:14,527 --> 01:41:18,114
The case of a man
accused of racial pollution.
1514
01:41:18,698 --> 01:41:22,410
Will you explain what is meant
by "racial pollution"?
1515
01:41:23,577 --> 01:41:27,665
This is the, uh, charge that is referred
to in the, uh, Nuremberg laws.
1516
01:41:28,749 --> 01:41:30,793
It says that any non-Aryan
1517
01:41:31,085 --> 01:41:35,131
having sexual relations with an Aryan
may be punished by death.
1518
01:41:35,881 --> 01:41:39,760
When did you first become
acquainted with the Feldenstein case?
1519
01:41:40,928 --> 01:41:45,224
In, uh, September 1935,
I was contacted by the police.
1520
01:41:45,266 --> 01:41:48,394
They said that Mr. Feldenstein
was being held
1521
01:41:48,436 --> 01:41:52,606
and, uh, that he requested
that I serve as his counselor.
1522
01:41:53,065 --> 01:41:55,276
What position did he hold
in the community?
1523
01:41:55,443 --> 01:41:58,279
He was a very well-known merchant.
1524
01:41:58,321 --> 01:42:02,450
He was one of the heads
of the Jewish congregation in Nuremberg.
1525
01:42:02,992 --> 01:42:06,329
What was the nature
of the charge against him?
1526
01:42:07,288 --> 01:42:10,499
He was accused
of having intimate relations
1527
01:42:11,167 --> 01:42:14,628
with a 16-year-old girl, Irene Hoffman.
1528
01:42:15,629 --> 01:42:17,131
LAWSON: I see.
1529
01:42:18,341 --> 01:42:20,051
(INAUDIBLE)
1530
01:42:20,134 --> 01:42:22,178
And, uh, what did he say
to you about the case?
1531
01:42:22,386 --> 01:42:24,263
He said it was false.
1532
01:42:24,305 --> 01:42:27,350
He said he knew the girl
and her family a long time.
1533
01:42:27,433 --> 01:42:29,894
He'd gone to visit her since they died.
1534
01:42:29,977 --> 01:42:33,647
But there had never been anything
of the kind charged between them.
1535
01:42:35,816 --> 01:42:40,529
Now, Doctor, would you please tell
the tribunal what happened then?
1536
01:42:41,947 --> 01:42:45,826
He was indicted before the special court
at Nuremberg.
1537
01:42:45,868 --> 01:42:48,079
And where was this special court?
1538
01:42:48,496 --> 01:42:50,915
It was right here, this building.
1539
01:42:51,499 --> 01:42:52,958
This very courtroom.
1540
01:42:53,417 --> 01:42:54,794
Dr. Geuter,
1541
01:42:56,212 --> 01:42:58,839
what were the circumstances
surrounding the trial?
1542
01:43:01,092 --> 01:43:05,888
It was used as a show place
for national socialism.
1543
01:43:07,390 --> 01:43:11,102
It was the time
of the September celebrations,
1544
01:43:11,185 --> 01:43:13,020
the Nuremberg rallies.
1545
01:43:14,063 --> 01:43:16,107
The courtroom was crowded.
1546
01:43:16,857 --> 01:43:19,402
Back there, people were standing up.
1547
01:43:20,903 --> 01:43:24,365
Julius Stretcher was sitting
in one of the front seats.
1548
01:43:25,366 --> 01:43:28,619
And high officials
of the Nazi Party were all over.
1549
01:43:29,703 --> 01:43:33,624
LAWSON: Doctor, would you please tell us
1550
01:43:33,707 --> 01:43:37,336
what were your expectations
for the trial in this climate?
1551
01:43:37,962 --> 01:43:39,713
I expected the worst
1552
01:43:40,548 --> 01:43:45,553
when I saw that Emil Hahn was
the public prosecutor.
1553
01:43:46,554 --> 01:43:48,222
He was a fanatic.
1554
01:43:48,722 --> 01:43:52,226
His trials were always marked
by extreme brutality.
1555
01:43:56,522 --> 01:44:01,318
But I had one hope for the outcome,
1556
01:44:03,946 --> 01:44:08,993
because sitting on the judge's bench
was Ernst Janning.
1557
01:44:10,661 --> 01:44:14,790
His reputation
was known throughout Germany.
1558
01:44:14,874 --> 01:44:19,378
He was known to have
dedicated his life to justice.
1559
01:44:20,045 --> 01:44:22,089
To the concept of justice.
1560
01:44:25,634 --> 01:44:27,928
LAWSON: Thank you. That's all.
1561
01:44:30,598 --> 01:44:32,099
Any questions?
1562
01:44:33,601 --> 01:44:35,102
Thank you. No questions.
1563
01:44:36,437 --> 01:44:38,772
HAYWOOD: The witness is excused.
1564
01:44:39,899 --> 01:44:45,112
The prosecution calls to the stand
Irene Hoffman Wallner.
1565
01:45:09,553 --> 01:45:11,847
Will you raise your right hand?
1566
01:45:12,389 --> 01:45:14,183
I swear by God,
the Almighty and Omniscient,
1567
01:45:14,266 --> 01:45:17,645
that I will speak the pure truth,
and will withhold and add nothing.
1568
01:45:17,686 --> 01:45:18,812
I do.
1569
01:45:23,651 --> 01:45:26,779
Will you please, uh, state
your name to the tribunal?
1570
01:45:29,865 --> 01:45:32,201
Irene Hoffman Wallner.
1571
01:45:32,618 --> 01:45:34,078
Mrs. Wallner,
1572
01:45:35,371 --> 01:45:37,998
did you know Lehman Feldenstein?
1573
01:45:38,874 --> 01:45:40,125
Yes.
1574
01:45:40,167 --> 01:45:42,336
When did you first meet him?
1575
01:45:43,003 --> 01:45:46,257
It was 1925 or 1926.
1576
01:45:47,508 --> 01:45:49,301
I am not sure exactly.
1577
01:45:50,010 --> 01:45:51,637
How old was he at this time?
1578
01:45:52,096 --> 01:45:53,764
He was in his 50s.
1579
01:45:54,431 --> 01:45:57,351
And how old was he
at the time of his arrest?
1580
01:45:59,478 --> 01:46:03,315
-He was 65.
-I see.
1581
01:46:04,692 --> 01:46:07,278
What was the nature of your relationship?
1582
01:46:09,321 --> 01:46:10,906
We were friends.
1583
01:46:12,157 --> 01:46:15,494
Did you continue to see him
after your parents died?
1584
01:46:15,536 --> 01:46:17,705
-Yes.
-Why?
1585
01:46:19,206 --> 01:46:21,917
We were friends. He...
1586
01:46:22,710 --> 01:46:25,588
He owned the building that I lived in.
1587
01:46:26,422 --> 01:46:29,383
His business took him there quite often.
1588
01:46:30,551 --> 01:46:33,429
Now what did you say to the police
1589
01:46:34,221 --> 01:46:38,851
when they, uh, questioned you
about having intimate relations with him?
1590
01:46:40,269 --> 01:46:43,188
I told them it was a lie.
1591
01:46:43,897 --> 01:46:46,400
Could you tell me who
the public prosecutor was?
1592
01:46:50,571 --> 01:46:51,905
Emil Hahn.
1593
01:46:53,240 --> 01:46:55,743
LAWSON: Did Emil Hahn question you?
1594
01:46:56,577 --> 01:46:57,661
Yes.
1595
01:46:58,078 --> 01:46:59,997
What did he say to you?
1596
01:47:01,957 --> 01:47:05,919
He took me into a separate room,
1597
01:47:07,129 --> 01:47:08,922
where we were alone.
1598
01:47:10,049 --> 01:47:15,596
He told me that it was no use
to repeat my story
1599
01:47:16,597 --> 01:47:18,932
because no one would believe me.
1600
01:47:20,768 --> 01:47:23,187
There had been a race defilement
1601
01:47:24,188 --> 01:47:29,109
and the only pardon for this was
to kill the violator.
1602
01:47:30,778 --> 01:47:35,949
He... He told me that if I protected
1603
01:47:36,784 --> 01:47:38,369
Mr. Feldenstein,
1604
01:47:39,036 --> 01:47:43,123
that I would be held
under arrest for perjury.
1605
01:47:44,083 --> 01:47:46,627
LAWSON: What did you reply to him?
1606
01:47:46,710 --> 01:47:51,215
I... I told him what I had
said again and again.
1607
01:47:51,507 --> 01:47:55,678
I told him that I could
not say anything else.
1608
01:47:55,761 --> 01:48:00,224
I could not lie about someone
who had been so kind to me.
1609
01:48:00,974 --> 01:48:03,102
Were you held under arrest?
1610
01:48:04,395 --> 01:48:05,646
Yes.
1611
01:48:06,980 --> 01:48:08,982
Now, Mrs. Wallner, tell us
1612
01:48:10,275 --> 01:48:13,612
what was the... the manner
1613
01:48:14,446 --> 01:48:17,032
in which Emil Hahn
conducted the prosecution?
1614
01:48:18,575 --> 01:48:23,455
He... He made a mockery
1615
01:48:24,123 --> 01:48:28,836
of everything Mr. Feldenstein tried to say
in his own defense.
1616
01:48:30,003 --> 01:48:35,259
He held him up to ridicule
whenever possible.
1617
01:48:36,009 --> 01:48:38,679
What was the reaction of the audience?
1618
01:48:39,638 --> 01:48:41,098
They laughed.
1619
01:48:41,724 --> 01:48:43,934
Again and again.
1620
01:48:45,394 --> 01:48:47,521
How long did the trial last?
1621
01:48:50,357 --> 01:48:51,650
Mrs. Wallner,
1622
01:48:53,694 --> 01:48:55,821
how long did the trial last?
1623
01:48:58,031 --> 01:48:59,116
Two days.
1624
01:48:59,199 --> 01:49:02,536
Was the verdict passed
at the end of the second day?
1625
01:49:03,120 --> 01:49:04,246
Yes.
1626
01:49:04,538 --> 01:49:07,750
-What was the verdict?
-Guilty.
1627
01:49:08,292 --> 01:49:10,335
And what was the sentence?
1628
01:49:12,504 --> 01:49:14,965
Mr. Feldenstein was sentenced
1629
01:49:16,341 --> 01:49:17,885
to be executed.
1630
01:49:19,219 --> 01:49:23,265
I was sentenced to be imprisoned
for two years, for perjury.
1631
01:49:26,393 --> 01:49:29,813
Who was the presiding judge?
1632
01:49:31,482 --> 01:49:32,983
Ernst Janning.
1633
01:49:34,693 --> 01:49:37,029
Were the sentences carried out?
1634
01:49:39,114 --> 01:49:40,449
Mmm.
1635
01:49:43,076 --> 01:49:46,580
Thank you very much,
Mrs. Wallner. That's all.
1636
01:49:52,127 --> 01:49:53,420
Any questions?
1637
01:50:06,266 --> 01:50:09,895
Your Honor, I would like
to request that the witness
1638
01:50:09,937 --> 01:50:11,605
be kept available.
1639
01:50:12,773 --> 01:50:16,109
We will present further evidence
on the Feldenstein matter
1640
01:50:16,193 --> 01:50:19,530
when it comes time
for the defense to present its case.
1641
01:50:22,533 --> 01:50:25,786
The witness will
please hold herself so available.
1642
01:50:27,246 --> 01:50:29,289
You may go. You're excused now.
1643
01:50:51,812 --> 01:50:53,605
HAYWOOD: Colonel Lawson?
1644
01:50:58,485 --> 01:50:59,987
LAWSON: Your Honors,
1645
01:51:00,362 --> 01:51:03,657
I offer in evidence a decree
signed by Adolf Hitler
1646
01:51:04,241 --> 01:51:08,078
directing that all persons accused
or suspected of disloyalty
1647
01:51:08,370 --> 01:51:12,666
or resistance of any sort,
might be arrested secretly
1648
01:51:12,749 --> 01:51:17,087
with no notice to friends or relatives,
without any trial whatsoever,
1649
01:51:17,170 --> 01:51:19,548
and put into concentration camps.
1650
01:51:20,173 --> 01:51:24,386
I also offer a group of orders
issued under that decree,
1651
01:51:25,178 --> 01:51:27,973
each one signed by one of the defendants,
1652
01:51:28,974 --> 01:51:33,645
by which hundreds of persons
were arrested and placed
in concentration camps.
1653
01:51:34,021 --> 01:51:36,356
Signed by Friedrich Hoffstetter,
1654
01:51:37,733 --> 01:51:39,318
Werner Lammpe,
1655
01:51:40,861 --> 01:51:42,195
Emil Hahn,
1656
01:51:43,780 --> 01:51:45,282
Ernst Janning.
1657
01:51:47,951 --> 01:51:49,369
Your Honors,
1658
01:51:50,579 --> 01:51:53,498
the defendants on trial here today
1659
01:51:53,540 --> 01:51:57,044
did not personally administer
the concentration camps.
1660
01:51:58,253 --> 01:52:00,464
They never had to beat victims
1661
01:52:01,381 --> 01:52:04,718
or pull the lever
that released gas into the chambers.
1662
01:52:06,303 --> 01:52:10,307
But as the documents we've introduced
into this case have shown,
1663
01:52:11,183 --> 01:52:14,561
these defendants fashioned
and executed laws,
1664
01:52:15,395 --> 01:52:17,397
and rendered judgments
1665
01:52:19,524 --> 01:52:22,945
which sent millions of victims to their...
1666
01:52:23,028 --> 01:52:24,529
Destinations.
1667
01:52:24,821 --> 01:52:26,281
Major Radnitz?
1668
01:52:28,367 --> 01:52:32,955
Your Honors, I would like to request that
Colonel Lawson be sworn in as a witness.
1669
01:52:33,163 --> 01:52:35,415
-Granted.
-Thank you.
1670
01:52:41,254 --> 01:52:42,923
Will you raise your right hand?
1671
01:52:42,965 --> 01:52:44,925
I swear by God,
the Almighty and Omniscient,
1672
01:52:44,967 --> 01:52:47,803
that I will speak the pure truth
and withhold and add nothing.
1673
01:52:47,886 --> 01:52:48,971
I do.
1674
01:52:52,182 --> 01:52:56,687
Were you active in the United States Army
in 1945 at the close of the war?
1675
01:52:56,770 --> 01:52:58,397
Yes, I was.
1676
01:52:58,438 --> 01:53:02,275
Were you in command
of troops liberating concentration camps?
1677
01:53:02,442 --> 01:53:03,610
I was.
1678
01:53:04,111 --> 01:53:07,864
-Were you in Dachau and Belsen?
-Yes.
1679
01:53:08,448 --> 01:53:11,284
Were you present when the films
we are about to see were taken?
1680
01:53:11,535 --> 01:53:12,953
Yes, I was.
1681
01:53:40,939 --> 01:53:42,315
Okay.
1682
01:53:42,649 --> 01:53:44,484
(PROJECTOR WHIRRING)
1683
01:53:50,657 --> 01:53:55,746
The map shows the number of
and location of concentration camps
1684
01:53:56,830 --> 01:53:58,707
under the Third Reich.
1685
01:54:00,667 --> 01:54:05,797
The Buchenwald concentration camp
was founded in 1933.
1686
01:54:07,716 --> 01:54:10,302
Its inmates numbered about 80,000.
1687
01:54:13,180 --> 01:54:15,515
There was a motto at Buchenwald:
1688
01:54:16,099 --> 01:54:17,684
"Break the body,
1689
01:54:20,479 --> 01:54:22,147
"break the spirit,
1690
01:54:25,192 --> 01:54:26,818
"break the heart."
1691
01:54:29,154 --> 01:54:31,615
The ovens at Buchenwald.
1692
01:54:32,866 --> 01:54:36,578
Evidence of last-minute efforts
to dispose of bodies.
1693
01:54:38,371 --> 01:54:42,209
The stoves were manufactured
by a well-known company
1694
01:54:43,085 --> 01:54:46,713
which also specialized
in baking ovens.
1695
01:54:47,964 --> 01:54:50,842
The name of the firm is clearly inscribed.
1696
01:54:51,384 --> 01:54:54,554
An exhibit of by-products of Buchenwald
1697
01:54:55,931 --> 01:54:59,518
displayed for the local townspeople
by an allied officer.
1698
01:55:01,561 --> 01:55:03,814
Brushes of every description.
1699
01:55:04,189 --> 01:55:07,567
Shoes, adults and children.
1700
01:55:08,735 --> 01:55:10,070
Spectacles.
1701
01:55:11,404 --> 01:55:13,240
Gold from teeth melted down,
1702
01:55:13,323 --> 01:55:15,951
sent once a month
to the medical department
1703
01:55:16,034 --> 01:55:18,036
of the Waffen-S.S.
1704
01:55:18,912 --> 01:55:21,957
A lampshade made from human skin.
1705
01:55:24,584 --> 01:55:26,920
Skin being used for paintings,
1706
01:55:28,672 --> 01:55:30,841
many having an obscene nature.
1707
01:55:33,260 --> 01:55:35,846
The heads of two Polish laborers
1708
01:55:36,930 --> 01:55:39,766
shrunken to one-fifth their normal size.
1709
01:55:41,143 --> 01:55:44,604
A human pelvis used as an ashtray.
1710
01:55:48,733 --> 01:55:53,989
Children who'd been tattooed to mark
them for eventual extermination.
1711
01:55:57,450 --> 01:56:00,662
Sometimes mercy was shown
to the children.
1712
01:56:01,788 --> 01:56:06,918
They were injected with morphia
so they'd be unconscious when hanged.
1713
01:56:08,086 --> 01:56:09,421
One of the doctors described
1714
01:56:09,462 --> 01:56:12,799
how they'd then place ropes
around their necks,
1715
01:56:12,841 --> 01:56:15,093
and in the doctor's own words:
1716
01:56:15,719 --> 01:56:21,308
"Like pictures, they were then hanged
by hooks on the walls."
1717
01:56:25,812 --> 01:56:28,648
The bodies of those
who had come in boxcars
1718
01:56:29,191 --> 01:56:31,401
without food and without air,
1719
01:56:31,985 --> 01:56:34,821
who hadn't survived
the journey to Dachau.
1720
01:56:36,573 --> 01:56:39,868
Hundreds of inmates were used
as human guinea pigs
1721
01:56:40,869 --> 01:56:43,163
for atrocious medical experiments.
1722
01:56:45,207 --> 01:56:50,045
A witness at one of the executions
at Dachau gave the following description:
1723
01:56:52,339 --> 01:56:55,425
"inmates were made to leave
their clothing on a rack.
1724
01:56:55,884 --> 01:56:58,845
"They were told
they were going to take baths.
1725
01:56:59,846 --> 01:57:01,973
"Then the doors were locked.
1726
01:57:02,974 --> 01:57:05,185
"Tins of Zyklon B
1727
01:57:05,227 --> 01:57:08,563
"were released through
the specially constructed apertures.
1728
01:57:10,815 --> 01:57:14,277
"You could hear the groaning
and the whimpering inside.
1729
01:57:15,695 --> 01:57:17,864
"After two or three minutes,
1730
01:57:18,698 --> 01:57:20,242
"all was quiet."
1731
01:57:28,333 --> 01:57:33,004
Death transports that had arrived
included 90,000 from Slovakia,
1732
01:57:36,132 --> 01:57:38,385
65,000 from Greece,
1733
01:57:39,928 --> 01:57:41,721
11,000 from France,
1734
01:57:44,808 --> 01:57:46,559
90,000 from Holland,
1735
01:57:49,896 --> 01:57:51,898
400,000 from Hungary,
1736
01:57:55,026 --> 01:57:58,488
250,000 from Poland and upper Silesia,
1737
01:58:00,740 --> 01:58:03,201
and 100,000 from Germany.
1738
01:58:07,122 --> 01:58:09,249
And this is what was filmed
1739
01:58:09,332 --> 01:58:12,794
when British troops liberated
Belsen concentration camp.
1740
01:58:17,382 --> 01:58:19,175
For sanitary reasons,
1741
01:58:19,259 --> 01:58:24,222
a British bulldozer had to bury the bodies
as quickly as possible.
1742
01:58:30,979 --> 01:58:32,772
Who were the bodies?
1743
01:58:34,733 --> 01:58:37,944
Members of every occupied country
of Europe.
1744
01:58:39,863 --> 01:58:42,365
Two-thirds of the Jews of Europe...
1745
01:58:44,034 --> 01:58:45,535
Exterminated.
1746
01:58:46,953 --> 01:58:48,955
More than six million
1747
01:58:50,290 --> 01:58:53,960
according to reports
from the Nazis' own figures.
1748
01:58:58,673 --> 01:59:00,592
But the real figure...
1749
01:59:05,597 --> 01:59:07,098
No one knows.
1750
01:59:14,439 --> 01:59:18,234
How dare they show us those films?
How dare they?
1751
01:59:19,152 --> 01:59:21,905
We are not executioners. We are judges.
1752
01:59:22,947 --> 01:59:25,784
You do not think it was like that, do you?
1753
01:59:28,036 --> 01:59:33,124
There were executions, yes.
But nothing like that. Nothing at all.
1754
01:59:39,798 --> 01:59:40,924
Pohl!
1755
01:59:41,883 --> 01:59:43,009
Pohl!
1756
01:59:45,804 --> 01:59:48,348
You ran those concentration camps.
1757
01:59:48,431 --> 01:59:50,058
You and Eichmann.
1758
01:59:51,184 --> 01:59:53,853
They say we killed millions of people.
1759
01:59:54,813 --> 01:59:56,523
Millions of people.
1760
01:59:56,856 --> 01:59:58,858
How could it be possible?
1761
01:59:59,859 --> 02:00:03,613
Tell them. How could it be possible?
1762
02:00:06,699 --> 02:00:08,201
It's possible.
1763
02:00:09,661 --> 02:00:10,745
How?
1764
02:00:11,788 --> 02:00:13,665
You mean, technically?
1765
02:00:15,708 --> 02:00:18,211
It all depends on your facilities.
1766
02:00:18,670 --> 02:00:22,590
Say you have two chambers
that accommodate 2,000 people apiece.
1767
02:00:23,049 --> 02:00:24,551
Figure it out.
1768
02:00:25,427 --> 02:00:28,680
It's possible to get rid
of 10,000 in a half-hour.
1769
02:00:30,056 --> 02:00:32,600
You don't even need guards to do it.
1770
02:00:33,059 --> 02:00:35,895
You can tell them
they are going to take a shower,
1771
02:00:35,937 --> 02:00:39,232
and then instead of the water,
you turn on the gas.
1772
02:00:41,067 --> 02:00:43,528
It's not the killing that is the problem.
1773
02:00:43,570 --> 02:00:45,738
It's disposing of the bodies.
1774
02:00:46,573 --> 02:00:48,283
That's the problem.
1775
02:00:56,249 --> 02:00:58,084
(SINGING IN GERMAN)
1776
02:01:38,958 --> 02:01:41,127
-I'm sorry I'm late.
-That's all right.
1777
02:01:41,211 --> 02:01:44,506
I was doing some work
for the rebuilding committee.
1778
02:01:46,591 --> 02:01:48,384
And I brought you some folders,
1779
02:01:48,468 --> 02:01:51,137
so we can decide
what you should see next.
1780
02:01:51,221 --> 02:01:54,390
There's the Albrecht Dürer House,
and the museum.
1781
02:01:54,849 --> 02:01:56,809
When do you think you could make it?
1782
02:01:56,851 --> 02:01:58,269
Oh, anytime.
1783
02:01:58,520 --> 02:02:00,313
Would you like to order now?
1784
02:02:00,355 --> 02:02:03,024
What would you like?
Can I help you with the menu?
1785
02:02:03,107 --> 02:02:05,860
No. I don't think
I'll have anything. Thank you.
1786
02:02:05,944 --> 02:02:08,279
A glass of Moselle for me, please.
1787
02:02:08,321 --> 02:02:09,614
The same.
1788
02:02:12,909 --> 02:02:14,577
What's the matter?
1789
02:02:15,161 --> 02:02:17,997
Nothing. I'm just not hungry, that's all.
1790
02:02:25,421 --> 02:02:27,215
You know, it's, uh...
1791
02:02:29,092 --> 02:02:32,220
The last few days
have meant a great deal to me.
1792
02:02:32,554 --> 02:02:33,638
How?
1793
02:02:34,681 --> 02:02:38,726
Well, I don't think you realize
what a provincial man I really am.
1794
02:02:39,269 --> 02:02:44,065
Uh, I've been abroad
just exactly once before this,
1795
02:02:44,774 --> 02:02:47,485
and that was when
I was a doughboy in World War I.
1796
02:02:47,527 --> 02:02:51,364
I used to pass places like this
and wonder what they were like.
1797
02:02:51,447 --> 02:02:54,534
-They've meant a great deal to me, too.
-How?
1798
02:02:55,076 --> 02:02:58,371
They gave me back the feeling
I had of the Americans.
1799
02:02:58,413 --> 02:03:01,833
The feeling I used to have
when I was in your country.
1800
02:03:01,916 --> 02:03:03,543
(PEOPLE CLAPPING)
1801
02:03:05,878 --> 02:03:09,257
-Too bad this isn't a magazine story.
-Why?
1802
02:03:09,382 --> 02:03:11,884
Well, if it were a magazine story,
two people like us,
1803
02:03:11,926 --> 02:03:14,012
the rapidly aging jurist...
1804
02:03:14,053 --> 02:03:15,597
Oh, no, no.
1805
02:03:15,680 --> 02:03:18,891
The rapidly aging jurist
and the beautiful widow
1806
02:03:18,933 --> 02:03:23,605
would transcend their difficulties
and travel places
1807
02:03:23,688 --> 02:03:25,732
either by land or by sea.
1808
02:03:25,773 --> 02:03:27,317
(PIANO PLAYING)
1809
02:03:40,413 --> 02:03:42,415
I saw Mr. Perkins today.
1810
02:03:42,749 --> 02:03:46,252
He told me they'd showed those pictures
in the courtroom.
1811
02:03:46,753 --> 02:03:49,047
Colonel Lawson's favorite pictures.
1812
02:03:50,256 --> 02:03:53,134
He drags them out
at any pretext, doesn't he?
1813
02:03:53,217 --> 02:03:56,095
Colonel Lawson's private
chamber of horrors.
1814
02:03:59,557 --> 02:04:01,768
Is that what you think we are?
1815
02:04:02,602 --> 02:04:04,479
Do you think we knew of those things?
1816
02:04:04,979 --> 02:04:07,774
Do you think we wanted
to murder women and children?
1817
02:04:10,193 --> 02:04:13,613
Do you believe that? Do you?
1818
02:04:15,531 --> 02:04:18,284
Mrs. Bertholt,
I don't know what to believe.
1819
02:04:19,327 --> 02:04:21,954
Good God. We're sitting here drinking.
1820
02:04:23,122 --> 02:04:25,541
How could you think that we knew?
1821
02:04:26,000 --> 02:04:27,418
We did not know.
1822
02:04:28,461 --> 02:04:30,129
We did not know.
1823
02:04:31,214 --> 02:04:32,757
(MAN SINGING IN GERMAN)
1824
02:04:32,799 --> 02:04:35,510
As far as I can make out,
no one in this country knew.
1825
02:04:39,347 --> 02:04:43,393
Mrs. Bertholt, your husband was one
of the heads of the Army.
1826
02:04:43,810 --> 02:04:46,479
And he did not know.
I tell you, he did not know.
1827
02:04:46,562 --> 02:04:48,231
It was Himmler. It was Goebbels.
1828
02:04:48,314 --> 02:04:51,818
The S.S. knew what happened.
We did not know.
1829
02:04:52,235 --> 02:04:53,820
Listen to me.
1830
02:04:53,903 --> 02:04:56,823
There are things
that happened on both sides.
1831
02:04:56,989 --> 02:04:59,867
My husband was a military man all his life.
1832
02:05:00,827 --> 02:05:04,205
He was entitled to a soldier's death.
He asked for that.
1833
02:05:04,288 --> 02:05:08,501
I tried to get that for him, just that,
that he would die with some honor.
1834
02:05:08,835 --> 02:05:11,129
I went from official to official.
I begged for that.
1835
02:05:11,170 --> 02:05:12,839
I begged for that.
1836
02:05:13,464 --> 02:05:17,093
That he should be permitted
the dignity of a firing squad.
1837
02:05:18,761 --> 02:05:20,680
You know what happened?
1838
02:05:22,140 --> 02:05:23,641
He was hanged with the others
1839
02:05:24,016 --> 02:05:27,520
and after that, I knew what it was to hate.
1840
02:05:28,563 --> 02:05:30,481
I never left the house,
I never left the room.
1841
02:05:30,523 --> 02:05:32,275
I drank.
1842
02:05:32,358 --> 02:05:34,402
I hated with every fiber of my being.
1843
02:05:34,485 --> 02:05:36,946
I hated every American I had ever known.
1844
02:05:37,029 --> 02:05:38,823
(PEOPLE SINGING IN GERMAN)
1845
02:05:38,990 --> 02:05:42,702
But one can't live with hate, I know that.
1846
02:05:48,708 --> 02:05:52,795
And we have to forget,
if we are to go on living.
1847
02:06:23,409 --> 02:06:25,119
(INDISTINCT CONVERSATIONS)
1848
02:06:33,169 --> 02:06:34,420
(MUTTERS)
1849
02:06:39,967 --> 02:06:41,385
(CLEARING THROAT)
1850
02:06:41,552 --> 02:06:42,929
<i>Herr</i> Rolfe?
1851
02:07:04,116 --> 02:07:06,202
May it please the tribunal?
1852
02:07:11,749 --> 02:07:14,627
Yesterday the tribunal
witnessed some films.
1853
02:07:16,963 --> 02:07:18,214
They were...
1854
02:07:20,007 --> 02:07:21,592
Shocking films,
1855
02:07:22,844 --> 02:07:24,512
devastating films.
1856
02:07:26,389 --> 02:07:27,932
As a German,
1857
02:07:30,893 --> 02:07:35,106
I feel ashamed that such things
could have taken place in my country.
1858
02:07:38,150 --> 02:07:41,153
There can never be a justification for them.
1859
02:07:43,114 --> 02:07:44,824
Not in generations,
1860
02:07:46,742 --> 02:07:48,411
not in centuries.
1861
02:07:51,789 --> 02:07:53,082
But...
1862
02:07:56,043 --> 02:07:59,338
I do think it was wrong,
1863
02:08:01,382 --> 02:08:02,675
indecent,
1864
02:08:04,385 --> 02:08:08,180
and terribly unfair of the prosecution
1865
02:08:09,181 --> 02:08:12,268
to show such films in this case,
1866
02:08:12,894 --> 02:08:14,395
in this court,
1867
02:08:14,854 --> 02:08:16,355
at this time,
1868
02:08:16,397 --> 02:08:18,399
against these defendants!
1869
02:08:19,233 --> 02:08:21,819
And I cannot protest too strongly
1870
02:08:22,945 --> 02:08:24,739
against such tactics.
1871
02:08:32,246 --> 02:08:35,041
What is the prosecution trying to prove?
1872
02:08:36,334 --> 02:08:38,628
Is it trying to prove that
the German people as a whole
1873
02:08:38,711 --> 02:08:41,172
were responsible for these events?
1874
02:08:41,756 --> 02:08:44,383
Or that they were even aware of them?
1875
02:08:44,759 --> 02:08:46,385
Because if he is,
1876
02:08:48,721 --> 02:08:50,556
he's not stating facts,
1877
02:08:52,433 --> 02:08:54,602
and he knows he's not.
1878
02:08:57,563 --> 02:08:59,815
The secrecy of the operations,
1879
02:09:00,232 --> 02:09:02,985
the geographical location of the camps,
1880
02:09:03,069 --> 02:09:06,656
the breakdown of communications
in the last days of the war
1881
02:09:06,739 --> 02:09:09,575
when the exterminations rose
into the millions
1882
02:09:09,659 --> 02:09:13,788
show only too clearly
that he is not telling the truth!
1883
02:09:14,246 --> 02:09:15,665
The truth is
1884
02:09:16,540 --> 02:09:20,503
that these brutalities
were brought about by the few extremists.
1885
02:09:21,253 --> 02:09:22,797
The criminals.
1886
02:09:25,091 --> 02:09:27,885
Very few German knew what was going on.
1887
02:09:28,511 --> 02:09:29,804
Very few.
1888
02:09:31,555 --> 02:09:34,725
None of us knew what was happening
1889
02:09:35,768 --> 02:09:38,145
in the places shown in these films.
1890
02:09:38,771 --> 02:09:40,189
None of us.
1891
02:09:46,320 --> 02:09:50,116
But the most ironic part of it is...
1892
02:09:51,742 --> 02:09:55,746
That the prosecution showed
these films against these defendants,
1893
02:09:56,414 --> 02:10:01,377
men who stayed in power
for one reason only,
1894
02:10:01,460 --> 02:10:04,088
to prevent worse things from happening.
1895
02:10:06,048 --> 02:10:07,925
Who is the braver man?
1896
02:10:08,843 --> 02:10:12,555
The man who escapes,
or resigns in times of peril,
1897
02:10:13,806 --> 02:10:16,142
or the man who stays on his post
1898
02:10:16,726 --> 02:10:19,437
at the risk of his own personal safety?
1899
02:10:20,479 --> 02:10:25,151
The defense will present
witnesses and letters and documents
1900
02:10:25,234 --> 02:10:27,737
from religious and political refugees
all over the world
1901
02:10:27,820 --> 02:10:30,990
telling how Ernst Janning
saved them from execution.
1902
02:10:31,073 --> 02:10:33,534
The defense will show that many times
1903
02:10:33,617 --> 02:10:36,912
Ernst Janning was able
to effect mitigation of sentences
1904
02:10:36,996 --> 02:10:41,167
when, without his influence,
the results would have been much worse.
1905
02:10:42,001 --> 02:10:43,836
The defense will show
1906
02:10:44,503 --> 02:10:48,966
that Ernst Janning's personal physician
was a non-Aryan,
1907
02:10:49,925 --> 02:10:51,761
a Jewish man,
1908
02:10:53,095 --> 02:10:56,307
who he kept in attendance,
much to his own peril.
1909
02:10:59,602 --> 02:11:01,896
The defense presents affidavits
1910
02:11:02,897 --> 02:11:06,442
from legal authorities
and famed jurists the world over
1911
02:11:06,776 --> 02:11:10,946
pleading that special considerations
must be made in this case,
1912
02:11:11,363 --> 02:11:13,949
saying that the entire work
of Ernst Janning
1913
02:11:14,033 --> 02:11:17,411
was inspired by one motive,
and one motive only:
1914
02:11:17,495 --> 02:11:21,540
The endeavor to preserve justice
and the concept of justice.
1915
02:11:24,043 --> 02:11:25,211
(SIGHS)
1916
02:11:26,879 --> 02:11:28,047
Now,
1917
02:11:29,381 --> 02:11:32,343
what has the prosecution to offer
1918
02:11:34,136 --> 02:11:35,554
against this?
1919
02:11:36,180 --> 02:11:38,182
The prosecution, in fact,
1920
02:11:39,391 --> 02:11:44,063
has presented in the case of Ernst Janning,
only one tangible piece of evidence.
1921
02:11:44,480 --> 02:11:45,606
The Feldenstein case.
1922
02:11:45,689 --> 02:11:47,733
A notorious case,
as the defense has said.
1923
02:11:47,817 --> 02:11:50,402
A case which never
should have been reopened.
1924
02:11:50,486 --> 02:11:53,405
A case which the defense is obliged
1925
02:11:54,573 --> 02:11:56,075
to review now.
1926
02:11:57,576 --> 02:12:00,037
The defense calls Mrs. Elsa Lindnow.
1927
02:12:18,430 --> 02:12:20,683
Will you raise your right hand?
1928
02:12:21,100 --> 02:12:22,977
I swear by God,
the Almighty and Omniscient,
1929
02:12:23,060 --> 02:12:26,480
that I will speak the pure truth
and will withhold and add nothing.
1930
02:12:26,564 --> 02:12:27,690
I do.
1931
02:12:31,610 --> 02:12:33,404
ROLFE: Mrs. Lindnow,
1932
02:12:36,448 --> 02:12:38,325
what is your occupation?
1933
02:12:38,659 --> 02:12:40,619
I am a cleaning woman.
1934
02:12:41,412 --> 02:12:43,038
Where are you employed?
1935
02:12:44,373 --> 02:12:48,878
400... 345, Grosse Platz.
1936
02:12:49,503 --> 02:12:52,798
-Did you know Lehman Feldenstein?
-Yes. I knew him.
1937
02:12:52,840 --> 02:12:54,842
In what capacity?
1938
02:12:54,925 --> 02:12:58,345
He was my employer in 1935.
1939
02:12:58,888 --> 02:13:00,973
Do you know the witness,
Mrs. Irene Hoffman Wallner?
1940
02:13:01,515 --> 02:13:02,683
Yes.
1941
02:13:02,766 --> 02:13:04,393
In what capacity?
1942
02:13:05,227 --> 02:13:07,354
She was a tenant in the building.
1943
02:13:07,605 --> 02:13:10,149
Did you ever see Miss Hoffman
and Mr. Feldenstein together?
1944
02:13:12,109 --> 02:13:13,694
Yes.
1945
02:13:13,777 --> 02:13:15,529
How did this happen?
1946
02:13:15,654 --> 02:13:20,826
Mr. Feldenstein came to see Miss Hoffman
at her apartment.
1947
02:13:21,493 --> 02:13:22,661
Often?
1948
02:13:23,537 --> 02:13:24,705
Quite often.
1949
02:13:24,997 --> 02:13:27,875
Were there any occasions
in which you noticed anything unusual?
1950
02:13:28,834 --> 02:13:30,336
Yes.
1951
02:13:31,045 --> 02:13:36,842
I saw Miss Hoffman kissing Mr. Feldenstein
at the door of her apartment.
1952
02:13:37,676 --> 02:13:39,929
Was there any other occasion?
1953
02:13:40,012 --> 02:13:42,181
Yes, there was one.
1954
02:13:42,681 --> 02:13:44,183
What was it?
1955
02:13:44,266 --> 02:13:46,852
I came to Miss Hoffman's apartment.
1956
02:13:46,894 --> 02:13:48,854
Uh, I wanted to clean up.
1957
02:13:49,813 --> 02:13:51,690
I thought it was empty.
1958
02:13:53,150 --> 02:13:58,906
Uh, I saw Miss Hoffman
sitting on Mr. Feldenstein's lap.
1959
02:13:59,531 --> 02:14:02,034
Thank you, Mrs. Lindnow. That's all.
1960
02:14:04,328 --> 02:14:05,704
Colonel Lawson?
1961
02:14:11,794 --> 02:14:13,254
Earphones, please.
1962
02:14:17,216 --> 02:14:21,679
Mrs. Lindnow,
what are your political affiliations?
1963
02:14:24,056 --> 02:14:27,351
-Political?
-Objection, Your Honor.
1964
02:14:29,561 --> 02:14:33,565
This witness' political affiliations
have nothing to do with the testimony.
1965
02:14:33,649 --> 02:14:36,860
Colonel Lawson is once more trying
to appeal to the emotion of the court.
1966
02:14:38,570 --> 02:14:39,947
Objection overruled.
1967
02:14:40,906 --> 02:14:42,574
Now would you answer
the question, please?
1968
02:14:43,409 --> 02:14:46,578
Were you a member
of the National Socialist Party?
1969
02:14:47,413 --> 02:14:50,165
Yes, I was.
1970
02:14:51,834 --> 02:14:53,627
We were forced to be.
1971
02:14:54,003 --> 02:14:55,921
"We were forced to be."
1972
02:14:57,298 --> 02:15:00,092
Now when did you become
a member of the Nazi Party?
1973
02:15:02,386 --> 02:15:05,514
1933.
1974
02:15:05,973 --> 02:15:07,599
Were all German nationals forced
1975
02:15:07,683 --> 02:15:11,061
to become members
of the Nazi Party in 1933?
1976
02:15:13,772 --> 02:15:15,899
LAWSON: Please answer
me, Mrs. Lindnow.
1977
02:15:16,442 --> 02:15:19,820
Were you forced
to become a member of the Nazi Party?
1978
02:15:24,116 --> 02:15:25,492
That's all.
1979
02:15:27,244 --> 02:15:28,620
Witness is excused.
1980
02:15:45,304 --> 02:15:47,556
HAYWOOD: Defense may continue.
1981
02:15:54,980 --> 02:15:59,068
The defense calls
Irene Hoffman Wallner to the stand.
1982
02:16:15,459 --> 02:16:17,336
HAYWOOD: Mrs. Wallner,
1983
02:16:19,671 --> 02:16:21,340
you are still under oath.
1984
02:16:23,884 --> 02:16:26,845
Mrs. Wallner,
did you come here voluntarily?
1985
02:16:27,638 --> 02:16:30,641
Did you report voluntarily
to speak as a witness?
1986
02:16:30,682 --> 02:16:31,809
Yes.
1987
02:16:34,144 --> 02:16:37,648
Is it not true that the prosecution
asked you to come here?
1988
02:16:38,315 --> 02:16:41,610
That it was very disagreeable
for you to come here?
1989
02:16:42,111 --> 02:16:46,031
It is always very disagreeable
to live over those times.
1990
02:16:47,866 --> 02:16:49,618
That would be in agreement
1991
02:16:49,701 --> 02:16:52,371
with the information I have
that you did not want to come.
1992
02:16:52,413 --> 02:16:54,373
Thank you, Mrs. Wallner.
1993
02:16:54,832 --> 02:16:56,291
Mrs. Wallner,
1994
02:16:59,461 --> 02:17:03,590
the Nuremberg laws were
stated September 15, 1935.
1995
02:17:04,550 --> 02:17:07,219
-Where were you at that time?
-In Nuremberg.
1996
02:17:07,386 --> 02:17:09,012
Did you know these laws?
1997
02:17:09,054 --> 02:17:12,099
Were you aware that
a physical relationship with Jews
1998
02:17:12,391 --> 02:17:14,226
was against the law?
1999
02:17:14,685 --> 02:17:15,769
Yes.
2000
02:17:16,103 --> 02:17:20,190
Were you aware that in Nuremberg,
and in Nuremberg in particular,
2001
02:17:21,066 --> 02:17:24,319
not only a physical relationship with Jews
was viewed with disdain,
2002
02:17:24,403 --> 02:17:25,904
but every social contact?
2003
02:17:26,071 --> 02:17:27,239
Yes.
2004
02:17:27,865 --> 02:17:31,910
Were you aware that it might have
some danger for you personally?
2005
02:17:31,952 --> 02:17:33,871
Yes, I was aware of it.
2006
02:17:34,163 --> 02:17:38,375
But how can you discard a friendship
from day to day because of some...
2007
02:17:38,417 --> 02:17:41,336
That is another question, Mrs. Wallner.
2008
02:17:42,504 --> 02:17:44,047
I did not ask you that question.
2009
02:17:44,506 --> 02:17:47,759
-Were you aware of it?
-Yes, I was aware.
2010
02:17:48,427 --> 02:17:51,597
-Yet you still continued to see each other?
-Yes.
2011
02:17:54,183 --> 02:17:55,934
Remember, it was brought out
at the tribunal
2012
02:17:55,976 --> 02:17:57,728
that Mr. Feldenstein bought you things.
2013
02:17:57,769 --> 02:18:00,606
-Candy and cigarettes?
-Yes.
2014
02:18:00,689 --> 02:18:03,692
Remember that sometimes
he bought you flowers?
2015
02:18:04,026 --> 02:18:06,278
Yes, he bought me many things.
2016
02:18:07,112 --> 02:18:09,156
That was because he was kind.
2017
02:18:10,157 --> 02:18:13,285
He was the kindest man I ever knew.
2018
02:18:16,121 --> 02:18:18,499
Do you know the witness,
Mrs. Elsa Lindnow?
2019
02:18:19,291 --> 02:18:20,876
Yes, I know her.
2020
02:18:20,959 --> 02:18:23,045
Was she a cleaning woman
at the apartment you lived in?
2021
02:18:23,128 --> 02:18:24,129
Yes.
2022
02:18:24,171 --> 02:18:26,340
Did Mr. Feldenstein come
to see you at your apartment?
2023
02:18:26,798 --> 02:18:27,841
Yes.
2024
02:18:27,925 --> 02:18:29,468
How many times?
2025
02:18:31,470 --> 02:18:34,306
I don't, uh, remember.
2026
02:18:34,598 --> 02:18:37,351
-Several times?
-Yes.
2027
02:18:37,434 --> 02:18:39,978
-Many times?
-Many times.
2028
02:18:40,145 --> 02:18:42,773
-Did you kiss him?
-Yes, I kissed him.
2029
02:18:42,981 --> 02:18:44,358
Was there more than one kiss?
2030
02:18:46,151 --> 02:18:47,236
Yes.
2031
02:18:48,695 --> 02:18:52,324
But it was not in the way
you are trying to make it sound.
2032
02:18:53,742 --> 02:18:56,453
He was like a father to me.
2033
02:18:57,412 --> 02:18:58,914
He was more than a father.
2034
02:18:58,997 --> 02:19:00,415
More than a father?
2035
02:19:00,999 --> 02:19:03,335
-Did you sit on his lap?
-Objection!
2036
02:19:03,418 --> 02:19:07,005
Counsel is persecuting the witness
in the pretext of gaining testimony.
2037
02:19:08,674 --> 02:19:09,967
Objection overruled.
2038
02:19:10,008 --> 02:19:12,302
The defense is being permitted to reenact
2039
02:19:12,344 --> 02:19:15,180
what was a travesty of justice
in the first place.
2040
02:19:15,347 --> 02:19:20,727
Colonel Lawson, the tribunal makes the
rulings in this case, not the prosecution.
2041
02:19:20,811 --> 02:19:22,062
You may proceed.
2042
02:19:22,145 --> 02:19:25,148
-Did you sit on his lap?
-Yes.
2043
02:19:25,899 --> 02:19:30,487
But there was nothing wrong
or ugly about it.
2044
02:19:30,696 --> 02:19:33,240
Did you sit on his lap?
2045
02:19:33,740 --> 02:19:35,033
Yes, but...
2046
02:19:35,075 --> 02:19:37,703
You sat on his lap.
What else did you do?
2047
02:19:39,705 --> 02:19:42,249
There was nothing
that you are trying to say.
2048
02:19:42,332 --> 02:19:43,834
There was nothing like that.
2049
02:19:43,875 --> 02:19:45,711
What else did you do, Mrs. Wallner?
2050
02:19:47,504 --> 02:19:50,173
What are you trying to do?
2051
02:19:51,258 --> 02:19:53,218
Are you trying to...
2052
02:19:54,011 --> 02:19:55,596
(SOBBING)
2053
02:19:55,721 --> 02:20:00,100
(STAMMERING) Why do you not
let me speak the truth?
2054
02:20:00,183 --> 02:20:02,102
That's what we want, Mrs. Wallner.
2055
02:20:02,185 --> 02:20:03,937
The truth, the truth.
2056
02:20:04,229 --> 02:20:06,356
You admitted
that you continued to see him.
2057
02:20:06,732 --> 02:20:08,942
You admitted that
he came to your apartment.
2058
02:20:09,026 --> 02:20:10,569
You admitted you kissed him.
2059
02:20:10,611 --> 02:20:12,696
You admitted you sat on his lap.
2060
02:20:12,738 --> 02:20:15,198
What else do you admit to? What else?
2061
02:20:15,240 --> 02:20:16,491
Nothing.
2062
02:20:18,285 --> 02:20:20,454
There was nothing like
you're trying to make it sound.
2063
02:20:20,537 --> 02:20:21,955
What else?
2064
02:20:22,039 --> 02:20:24,750
There was nothing. Nothing.
2065
02:20:25,626 --> 02:20:26,918
Stop it.
2066
02:20:26,960 --> 02:20:28,754
(BANGING TABLE)
-Stop it!
2067
02:20:28,962 --> 02:20:31,173
What else do you admit to.
Mrs. Wallner? What else?
2068
02:20:31,256 --> 02:20:32,591
<i>Herr</i> Rolfe!
2069
02:20:37,638 --> 02:20:39,640
Are we going to do this again?
2070
02:20:40,974 --> 02:20:42,768
(AUDIENCE MURMURING)
2071
02:20:45,270 --> 02:20:46,605
Your Honor,
2072
02:20:48,065 --> 02:20:51,526
the stress the defendant has been under is
so great that he is not aware...
2073
02:20:51,610 --> 02:20:52,986
I am aware.
2074
02:20:53,820 --> 02:20:55,113
I am aware.
2075
02:20:55,572 --> 02:20:57,824
Your Honor, the defendant wishes
to make a statement.
2076
02:20:57,908 --> 02:20:59,618
Your Honor, I believe
the defense has a right to request...
2077
02:20:59,701 --> 02:21:02,829
(GAVEL POUNDING)
-Order. Order. Order!
2078
02:21:06,958 --> 02:21:08,919
Does the defendant wish
to make a statement?
2079
02:21:09,961 --> 02:21:13,173
I wish to make a statement, yes.
2080
02:21:14,466 --> 02:21:17,386
Your Honor, I believe the defense
has the right to request a recess...
2081
02:21:17,469 --> 02:21:19,971
Your Honor, the defendant has
the right to make his statement now.
2082
02:21:20,013 --> 02:21:21,264
I have to speak with my client.
2083
02:21:21,348 --> 02:21:24,101
LAWSON: He has the right to make it now!
2084
02:21:27,062 --> 02:21:28,313
(CRYING)
2085
02:21:35,487 --> 02:21:38,490
Tribunal is adjourned
until 10:30 tomorrow morning.
2086
02:21:39,157 --> 02:21:40,992
(PEOPLE SPEAKING INDISTINCTLY)
2087
02:21:43,286 --> 02:21:45,330
ROLFE: What are you doing?
2088
02:21:46,081 --> 02:21:48,709
What do you think you're trying to do?
2089
02:21:49,459 --> 02:21:52,337
They've had Goering. Frank. Stretcher.
2090
02:21:52,838 --> 02:21:54,256
That's over.
2091
02:21:55,132 --> 02:21:59,302
Do you think I have enjoyed
being defense counsel during this trial?
2092
02:21:59,761 --> 02:22:03,682
There were things I had to do
in that courtroom that made me cringe.
2093
02:22:04,099 --> 02:22:06,017
Why did I do them?
2094
02:22:06,101 --> 02:22:09,146
Because I want to leave
the German people something.
2095
02:22:09,187 --> 02:22:11,606
I want to leave them a shred of dignity.
2096
02:22:11,690 --> 02:22:14,609
I want to call a halt to these proceedings.
2097
02:22:14,693 --> 02:22:17,863
If we allow them
to discredit every German like you,
2098
02:22:17,946 --> 02:22:20,866
we lose the right to rule ourselves forever.
2099
02:22:22,242 --> 02:22:25,704
We have to look at the future.
We can't look back now.
2100
02:22:26,037 --> 02:22:28,874
Do you want the Americans
to stay here forever? Do you want that?
2101
02:22:29,207 --> 02:22:32,586
I could show you a picture
of Hiroshima and Nagasaki.
2102
02:22:32,878 --> 02:22:35,505
Thousands and thousands
of burned bodies.
2103
02:22:35,547 --> 02:22:37,299
Women and children.
2104
02:22:38,675 --> 02:22:41,011
Is that their superior morality?
2105
02:22:42,137 --> 02:22:44,181
Where do you think they take us?
Do you think they know?
2106
02:22:44,222 --> 02:22:47,517
Do you think
they have any concept of our problems?
2107
02:22:53,023 --> 02:22:54,900
What can I say to you?
2108
02:22:56,485 --> 02:22:59,446
What can I say to you to make you see?
2109
02:23:06,077 --> 02:23:09,080
There is nothing you can say.
2110
02:23:10,749 --> 02:23:12,042
Nothing.
2111
02:23:12,417 --> 02:23:15,420
MALE ANNOUNCER: <i>Nothing has
happened to alleviate the crisis.</i>
2112
02:23:15,462 --> 02:23:17,255
<i>The crisis reached a head this afternoon</i>
2113
02:23:17,297 --> 02:23:21,343
<i>when all rail travel between western
zones and Berlin was stopped.</i>
2114
02:23:21,426 --> 02:23:24,012
<i>The blockade by land is now complete.</i>
2115
02:23:31,186 --> 02:23:33,188
What do you think
we're going to do, General?
2116
02:23:33,271 --> 02:23:36,858
-Do you think we'll withdraw?
-We can't withdraw.
2117
02:23:36,942 --> 02:23:38,151
If we withdraw under pressure,
2118
02:23:38,235 --> 02:23:40,403
our prestige all over the world
is threatened.
2119
02:23:40,445 --> 02:23:42,030
The communists will move in
on every front.
2120
02:23:42,823 --> 02:23:44,699
ENGLISH JOURNALIST:
What about these trials, General?
2121
02:23:44,783 --> 02:23:46,993
How do you feel about them now?
2122
02:23:48,370 --> 02:23:50,747
We're committed to the trials.
2123
02:23:50,789 --> 02:23:54,835
But I think it would be realistic
to accelerate them as much as possible.
2124
02:23:54,918 --> 02:23:58,296
FEMALE JOURNALIST: What would happen
if they fired on one of our planes, General?
2125
02:23:58,338 --> 02:24:00,257
I'm afraid we'll have to face that
when it happens.
2126
02:24:00,298 --> 02:24:03,134
There is no other answer
to that question at this time.
2127
02:24:06,847 --> 02:24:08,974
You fellows should try some of the strudel.
It's excellent here.
2128
02:24:09,057 --> 02:24:10,475
No, thanks.
2129
02:24:11,601 --> 02:24:15,230
Dan, I've just come back
from Berlin, as you know.
2130
02:24:15,438 --> 02:24:17,065
I don't think this is going to be it.
2131
02:24:17,148 --> 02:24:19,442
A lot of people do, but I don't.
2132
02:24:20,360 --> 02:24:25,448
But it is going to be a fight for survival
for the next 10 years, maybe the next 20.
2133
02:24:26,658 --> 02:24:28,577
Germany is the key to that survival.
2134
02:24:28,660 --> 02:24:32,122
Any high-school student
in geography can tell you that.
2135
02:24:33,748 --> 02:24:36,459
Just what are you trying to say, Senator?
2136
02:24:36,501 --> 02:24:39,004
What I'm trying to say is this:
2137
02:24:39,045 --> 02:24:42,299
While nobody's trying
to influence your decision,
2138
02:24:42,507 --> 02:24:46,511
it's important that you realize this,
because it's a fact of life.
2139
02:24:46,845 --> 02:24:48,680
Let's face it, gentlemen.
2140
02:24:48,722 --> 02:24:50,932
The handwriting is on the wall.
2141
02:24:51,308 --> 02:24:53,852
We're going to need
all the help we can get.
2142
02:24:53,935 --> 02:24:57,230
We're going to need
the support of the German people.
2143
02:24:58,857 --> 02:25:00,817
More strudel, gentlemen?
2144
02:25:04,613 --> 02:25:06,823
<i>Herr</i> Janning, you may proceed.
2145
02:25:12,829 --> 02:25:16,875
I wish to testify about the Feldenstein case
2146
02:25:17,918 --> 02:25:21,504
because it was
the most significant trial of the period.
2147
02:25:23,214 --> 02:25:27,218
It is important
not only for the tribunal to understand it,
2148
02:25:28,678 --> 02:25:30,931
but for the whole German people.
2149
02:25:32,057 --> 02:25:34,267
But in order to understand it,
2150
02:25:34,893 --> 02:25:38,229
one must understand the period
in which it happened.
2151
02:25:40,649 --> 02:25:42,943
There was a fever over the land.
2152
02:25:43,401 --> 02:25:47,822
A fever of disgrace, of indignity, of hunger.
2153
02:25:49,115 --> 02:25:51,076
We had a democracy, yes.
2154
02:25:51,910 --> 02:25:54,371
But it was torn by elements within.
2155
02:25:55,413 --> 02:25:58,416
Above all, there was fear:
2156
02:25:59,376 --> 02:26:02,337
Fear of today, fear of tomorrow,
2157
02:26:03,129 --> 02:26:08,051
fear of our neighbors,
and fear of ourselves.
2158
02:26:09,511 --> 02:26:12,097
Only when you understand that,
2159
02:26:12,138 --> 02:26:15,100
can you understand
what Hitler meant to us.
2160
02:26:15,600 --> 02:26:17,435
Because he said to us:
2161
02:26:19,145 --> 02:26:20,772
"Lift your heads.
2162
02:26:20,814 --> 02:26:22,732
"Be proud to be German.
2163
02:26:23,400 --> 02:26:25,110
"There are devils among us:
2164
02:26:25,151 --> 02:26:28,613
"Communists, liberals, Jews, gypsies.
2165
02:26:28,697 --> 02:26:32,951
"Once these devils will be destroyed,
your misery will be destroyed."
2166
02:26:35,120 --> 02:26:39,958
It was the old, old story
of the sacrificial Iamb.
2167
02:26:44,129 --> 02:26:46,464
What about those of us who knew better?
2168
02:26:46,965 --> 02:26:50,343
We who knew the words were lies,
and worse than lies?
2169
02:26:51,052 --> 02:26:53,013
Why did we sit silent?
2170
02:26:53,096 --> 02:26:54,889
Why did we take part?
2171
02:26:56,766 --> 02:26:58,977
Because we loved our country.
2172
02:27:00,311 --> 02:27:01,938
What difference does it make
2173
02:27:01,980 --> 02:27:05,108
if a few political extremists
lose their rights?
2174
02:27:05,650 --> 02:27:10,155
What difference does it make
if a few racial minorities lose their rights?
2175
02:27:10,321 --> 02:27:12,407
It is only a passing phase.
2176
02:27:12,657 --> 02:27:15,118
It is only a stage we are going through.
2177
02:27:15,160 --> 02:27:17,579
It will be discarded sooner or later.
2178
02:27:17,662 --> 02:27:21,416
Hitler himself
will be discarded sooner or later.
2179
02:27:22,000 --> 02:27:23,626
The country is in danger.
2180
02:27:23,668 --> 02:27:26,796
We will march out of the shadows.
We will go forward.
2181
02:27:26,838 --> 02:27:29,090
Forward is the great password.
2182
02:27:32,969 --> 02:27:37,599
And history tells
how well we succeeded, Your Honor.
2183
02:27:39,017 --> 02:27:41,728
We succeeded beyond our wildest dreams.
2184
02:27:42,562 --> 02:27:46,024
The very elements
of hate and power about Hitler
2185
02:27:46,107 --> 02:27:49,527
that mesmerized Germany
mesmerized the world.
2186
02:27:50,487 --> 02:27:53,573
We found ourselves
with sudden, powerful allies.
2187
02:27:54,032 --> 02:27:57,368
Things that had been denied
to us as a democracy
2188
02:27:57,410 --> 02:27:59,204
were open to us now.
2189
02:27:59,704 --> 02:28:02,332
The world said, "Go ahead, take it.
2190
02:28:02,999 --> 02:28:04,250
"Take it.
2191
02:28:04,542 --> 02:28:08,379
"Take Sudetenland,
take the Rhineland, remilitarize it.
2192
02:28:08,463 --> 02:28:10,757
"Take all of Austria. Take it."
2193
02:28:14,177 --> 02:28:17,514
And then, one day, we looked around
2194
02:28:17,931 --> 02:28:21,434
and found that
we were in an even more terrible danger.
2195
02:28:21,726 --> 02:28:24,229
The ritual began in this courtroom,
2196
02:28:24,270 --> 02:28:27,565
swept over the land
like a raging, roaring disease.
2197
02:28:29,109 --> 02:28:32,278
What was going to be a passing phase
2198
02:28:34,239 --> 02:28:36,366
had become the way of life.
2199
02:28:41,913 --> 02:28:43,289
Your Honor,
2200
02:28:45,416 --> 02:28:50,004
I was content to sit silent during this trial.
2201
02:28:51,881 --> 02:28:55,510
I was content to tend my roses.
2202
02:28:57,387 --> 02:28:59,055
I was even content
2203
02:29:00,431 --> 02:29:02,934
to let counsel try to save my name.
2204
02:29:04,769 --> 02:29:06,312
Until I realized
2205
02:29:07,689 --> 02:29:12,318
that in order to save it,
he would have to raise the specter again.
2206
02:29:16,030 --> 02:29:17,949
You have seen him do it.
2207
02:29:18,283 --> 02:29:20,910
He has done it here in this courtroom.
2208
02:29:21,327 --> 02:29:26,124
He has suggested that the Third Reich
worked for the benefit of people.
2209
02:29:26,249 --> 02:29:31,129
He has suggested that we sterilized men
for the welfare of the country.
2210
02:29:31,880 --> 02:29:33,464
He has suggested that perhaps
2211
02:29:33,506 --> 02:29:37,385
the old Jew did sleep
with the 16-year-old girl, after all.
2212
02:29:39,012 --> 02:29:42,515
Once more, it is being done
2213
02:29:43,850 --> 02:29:45,935
for love of country.
2214
02:29:48,646 --> 02:29:52,483
It is not easy to tell the truth.
2215
02:29:54,402 --> 02:29:57,488
But if there is to be
any salvation for Germany,
2216
02:29:58,656 --> 02:30:02,285
we who know our guilt must admit it,
2217
02:30:02,660 --> 02:30:04,495
whatever the pain
2218
02:30:06,331 --> 02:30:07,916
and humiliation.
2219
02:30:13,254 --> 02:30:15,381
I had reached my verdict
2220
02:30:16,424 --> 02:30:18,301
on the Feldenstein case
2221
02:30:18,968 --> 02:30:21,596
before I ever came into the courtroom.
2222
02:30:21,846 --> 02:30:24,349
I would have found him guilty,
whatever the evidence.
2223
02:30:24,432 --> 02:30:28,269
It was not a trial at all.
It was a sacrificial ritual
2224
02:30:28,353 --> 02:30:31,314
in which Feldenstein, the Jew,
was the helpless victim.
2225
02:30:31,522 --> 02:30:33,775
Your Honor, I must interrupt.
2226
02:30:34,275 --> 02:30:35,985
The defendant is not aware
of what he is saying.
2227
02:30:36,319 --> 02:30:38,196
He is not aware of the implications...
2228
02:30:38,279 --> 02:30:41,032
I am aware. I am aware.
2229
02:30:42,867 --> 02:30:45,453
My counsel would have you believe
2230
02:30:45,536 --> 02:30:48,498
we were not aware
of the concentration camps.
2231
02:30:49,624 --> 02:30:51,000
Not aware.
2232
02:30:52,585 --> 02:30:54,087
Where were we?
2233
02:30:54,379 --> 02:30:58,299
Where were we when Hitler began
shrieking his hate in the Reichstag?
2234
02:30:58,383 --> 02:31:00,385
Where were we when our neighbors
were being dragged out
2235
02:31:00,426 --> 02:31:02,804
in the middle of the night to Dachau?
2236
02:31:02,887 --> 02:31:06,224
Where were we when every village
in Germany has a railroad terminal
2237
02:31:06,307 --> 02:31:11,396
where cattle cars were filled with children
being carried off to their extermination?
2238
02:31:11,980 --> 02:31:15,024
Where were we
when they cried out in the night to us?
2239
02:31:15,066 --> 02:31:18,736
Were we deaf? Dumb? Blind?
2240
02:31:18,778 --> 02:31:20,405
Your Honor, I must protest.
2241
02:31:20,822 --> 02:31:25,410
My counsel says we were not aware
of the extermination of the millions.
2242
02:31:26,327 --> 02:31:28,454
He would give you the excuse
2243
02:31:28,788 --> 02:31:33,001
we were only aware
of the extermination of the hundreds.
2244
02:31:34,460 --> 02:31:37,422
Does that make us any the less guilty?
2245
02:31:39,090 --> 02:31:41,509
Maybe we didn't know the details.
2246
02:31:41,801 --> 02:31:46,431
But if we didn't know,
it was because we didn't want to know.
2247
02:31:46,472 --> 02:31:48,516
Traitor! Traitor!
2248
02:31:48,599 --> 02:31:52,186
Order. Order! Order!
2249
02:31:52,270 --> 02:31:53,271
(PEOPLE MURMURING)
2250
02:31:53,354 --> 02:31:56,524
Put that man back in his seat
and keep him there.
2251
02:32:00,778 --> 02:32:03,239
I am going to tell them the truth.
2252
02:32:04,324 --> 02:32:06,492
I am going to tell them the truth,
2253
02:32:06,576 --> 02:32:09,287
if the whole world conspires against it.
2254
02:32:09,954 --> 02:32:12,248
I am going to tell them the truth
2255
02:32:12,915 --> 02:32:15,209
about their ministry of justice.
2256
02:32:17,253 --> 02:32:21,132
Werner Lammpe,
an old man who cries into his Bible now.
2257
02:32:22,967 --> 02:32:25,970
An old man who profited
by the property expropriation
2258
02:32:26,012 --> 02:32:28,931
of every man he sent
to a concentration camp.
2259
02:32:29,807 --> 02:32:31,184
Friedrich Hoffstetter,
2260
02:32:32,226 --> 02:32:35,021
the good German
who knew how to take orders,
2261
02:32:35,563 --> 02:32:39,817
who sent men before him
to be sterilized like so many digits.
2262
02:32:42,653 --> 02:32:43,988
Emil Hahn,
2263
02:32:45,448 --> 02:32:47,992
the decayed, corrupt bigot,
2264
02:32:48,576 --> 02:32:51,162
obsessed by the evil within himself.
2265
02:32:56,834 --> 02:32:58,503
And Ernst Janning,
2266
02:33:00,838 --> 02:33:02,715
worse than any of them
2267
02:33:04,050 --> 02:33:06,386
because he knew what they were,
2268
02:33:07,220 --> 02:33:09,347
and he went along with them.
2269
02:33:12,517 --> 02:33:14,018
Ernst Janning,
2270
02:33:15,520 --> 02:33:17,188
who made his life
2271
02:33:19,190 --> 02:33:20,483
excrement
2272
02:33:22,902 --> 02:33:25,029
because he walked with them.
2273
02:34:51,949 --> 02:34:53,326
Your Honor,
2274
02:34:55,119 --> 02:34:56,579
it is my duty
2275
02:34:58,498 --> 02:35:00,458
to defend Ernst Janning.
2276
02:35:01,125 --> 02:35:04,128
And yet, Ernst Janning
has said he is guilty.
2277
02:35:05,296 --> 02:35:09,467
There is no doubt he feels his guilt.
2278
02:35:11,344 --> 02:35:15,097
He made a great error
in going along with the Nazi Movement
2279
02:35:16,599 --> 02:35:19,352
hoping it would be good for his country.
2280
02:35:19,936 --> 02:35:23,523
But if he is to be found guilty,
2281
02:35:24,982 --> 02:35:29,278
there are others who also went along,
2282
02:35:30,154 --> 02:35:32,365
who also must be found guilty.
2283
02:35:34,700 --> 02:35:36,452
Ernst Janning said:
2284
02:35:36,994 --> 02:35:40,081
"We succeeded
beyond our wildest dreams."
2285
02:35:42,041 --> 02:35:45,670
Why did we succeed, Your Honor?
2286
02:35:47,338 --> 02:35:49,715
What about the rest of the world?
2287
02:35:51,717 --> 02:35:54,971
Did it not know
the intentions of the Third Reich?
2288
02:35:56,013 --> 02:36:00,184
Did it not hear the words
of Hitler's broadcasts all over the world?
2289
02:36:00,851 --> 02:36:03,354
Did it not read his intentions
in <i>Mein Kampf,</i>
2290
02:36:03,396 --> 02:36:06,023
published in every corner of the world?
2291
02:36:07,358 --> 02:36:10,736
Where is the responsibility
of the Soviet Union
2292
02:36:10,820 --> 02:36:13,990
who signed in 1939 the pact with Hitler,
2293
02:36:14,865 --> 02:36:16,826
enabled him to make war?
2294
02:36:18,202 --> 02:36:20,496
Are we now to find Russia guilty?
2295
02:36:22,164 --> 02:36:24,959
Where is the responsibility of the Vatican
2296
02:36:25,668 --> 02:36:28,713
who signed in 1933
the concordat with Hitler,
2297
02:36:29,255 --> 02:36:32,091
giving him his first tremendous prestige?
2298
02:36:33,634 --> 02:36:36,220
Are we now to find the Vatican guilty?
2299
02:36:38,222 --> 02:36:41,434
Where is the responsibility
of the world leader Winston Churchill,
2300
02:36:41,517 --> 02:36:44,937
who said in an open letter
to the London <i>Times</i> in 1938,
2301
02:36:45,479 --> 02:36:49,400
1938, Your Honor:
2302
02:36:50,401 --> 02:36:53,696
"Were England to suffer
a national disaster, I should pray to God
2303
02:36:53,738 --> 02:36:57,950
"to send a man of the strength of mind
and will of an Adolf Hitler."
2304
02:36:58,242 --> 02:37:01,162
Are we now to find
Winston Churchill guilty?
2305
02:37:01,621 --> 02:37:05,041
Where is the responsibility
of those American industrialists
2306
02:37:05,082 --> 02:37:07,627
who helped Hitler
to rebuild his armaments,
2307
02:37:07,710 --> 02:37:10,171
and profited by that rebuilding?
2308
02:37:11,505 --> 02:37:14,258
Are we now to find
the American industrialists guilty?
2309
02:37:14,342 --> 02:37:16,802
No, Your Honor. No.
2310
02:37:18,304 --> 02:37:20,306
Germany alone is not guilty.
2311
02:37:20,389 --> 02:37:24,060
The whole world
is as responsible for Hitler as Germany.
2312
02:37:24,101 --> 02:37:26,937
It is an easy thing to condemn
one man in the dock.
2313
02:37:26,979 --> 02:37:28,773
It's easy to condemn
the German people,
2314
02:37:28,856 --> 02:37:31,484
to speak of the basic flaw
in the German character
2315
02:37:31,567 --> 02:37:33,944
that allowed Hitler to rise to power,
and at the same time,
2316
02:37:34,028 --> 02:37:36,781
comfortably ignore
the basic flaw of character
2317
02:37:36,822 --> 02:37:39,950
that made the Russians sign pacts with him,
Winston Churchill praise him,
2318
02:37:40,034 --> 02:37:42,703
American industrialists profit by him.
2319
02:37:46,999 --> 02:37:50,586
Ernst Janning said he is guilty.
2320
02:37:52,463 --> 02:37:53,714
If he is,
2321
02:37:54,548 --> 02:37:58,386
Ernst Janning's guilt is the world's guilt.
2322
02:38:00,388 --> 02:38:03,474
No more, no less.
2323
02:38:17,154 --> 02:38:20,282
Major, we have to give
the Military Governor
2324
02:38:20,324 --> 02:38:22,576
every help that we can give him.
2325
02:38:22,660 --> 02:38:25,996
We have to get 700 tons in the air a day.
2326
02:38:26,038 --> 02:38:27,832
700 tons.
2327
02:38:33,546 --> 02:38:35,464
This is some operation.
2328
02:38:37,591 --> 02:38:41,804
Did you ever think we'd be flying coal
and tomatoes in these crates?
2329
02:38:46,016 --> 02:38:49,186
Tad, you and I
have been friends a long time.
2330
02:38:49,562 --> 02:38:51,814
That's why I called you here.
2331
02:38:55,109 --> 02:38:57,903
What are you going to do
in court tomorrow?
2332
02:39:01,240 --> 02:39:03,743
You know damn well
what I'm goin' to do.
2333
02:39:04,452 --> 02:39:05,870
I know what you want to do:
2334
02:39:05,911 --> 02:39:08,914
You'd like to recommend they put 'em
behind bars and throw away the key.
2335
02:39:09,790 --> 02:39:12,209
You know what's going on here now?
2336
02:39:13,794 --> 02:39:14,879
Yeah.
2337
02:39:16,213 --> 02:39:17,882
I know what's going on.
2338
02:39:17,965 --> 02:39:20,259
Tad, you're an army man.
You know what we're up against.
2339
02:39:20,342 --> 02:39:22,428
The others may not, but you do.
2340
02:39:22,511 --> 02:39:24,346
I'll tell you the truth.
2341
02:39:24,388 --> 02:39:28,851
I don't know what's going to happen
if they fire on one of those planes.
2342
02:39:29,226 --> 02:39:31,812
I don't know what's going to happen.
2343
02:39:31,896 --> 02:39:35,900
But if I do know this:
if Berlin goes, Germany goes.
2344
02:39:36,567 --> 02:39:39,695
If Germany goes, Europe goes.
2345
02:39:40,738 --> 02:39:42,865
That's the way things stand.
2346
02:39:44,450 --> 02:39:45,576
That's the way they stand.
2347
02:39:45,618 --> 02:39:48,913
Look, Matt, I'm goin' to go the limit.
2348
02:39:49,246 --> 02:39:50,873
And not you, not the Pentagon,
2349
02:39:50,915 --> 02:39:52,792
not God on his throne
is going to make me...
2350
02:39:52,875 --> 02:39:55,336
Who do you think you're talking to?
2351
02:39:56,962 --> 02:39:59,632
Who the hell do you think you're talking to?
2352
02:40:00,049 --> 02:40:02,802
When you were marching into Dachau
with those troops, I was there, too.
2353
02:40:02,885 --> 02:40:05,095
You think I'll ever forget it?
2354
02:40:06,680 --> 02:40:08,557
Look, I'm not your commanding officer.
2355
02:40:08,599 --> 02:40:10,768
I can't influence your decision,
and I don't want to.
2356
02:40:11,101 --> 02:40:15,439
But I want to give this to you,
and I want to give it to you straight.
2357
02:40:15,648 --> 02:40:18,317
We need the help of the German people.
2358
02:40:20,653 --> 02:40:22,905
And you don't get the help
of the German people
2359
02:40:22,947 --> 02:40:26,408
by sentencing their leaders
to stiff prison sentences.
2360
02:40:38,087 --> 02:40:39,296
Tad...
2361
02:40:40,214 --> 02:40:42,800
The thing to do is survive, isn't it?
2362
02:40:43,467 --> 02:40:47,346
Survive as best we can, but survive.
2363
02:40:57,314 --> 02:40:59,149
Just for laughs, Matt,
2364
02:41:00,693 --> 02:41:02,820
what was the war all about?
2365
02:41:04,780 --> 02:41:06,365
What was it about?
2366
02:41:12,997 --> 02:41:16,417
And that concludes
presentation of documentary evidence
2367
02:41:17,376 --> 02:41:19,378
against these defendants.
2368
02:41:28,554 --> 02:41:29,889
Your Honors,
2369
02:41:31,682 --> 02:41:35,811
during the three years that have passed
since the end of the war in Europe,
2370
02:41:36,770 --> 02:41:40,024
mankind has not crossed over into Jordan.
2371
02:41:41,859 --> 02:41:45,029
In our own country,
fear of war has been revived.
2372
02:41:45,654 --> 02:41:49,366
And we must look once more
to our defenses.
2373
02:41:50,284 --> 02:41:54,288
There's talk of cold war,
while men and women die in real wars.
2374
02:41:56,165 --> 02:41:58,667
And the echoes of persecution
2375
02:41:59,752 --> 02:42:01,253
and atrocities
2376
02:42:02,588 --> 02:42:04,340
will not be stilled.
2377
02:42:06,800 --> 02:42:10,888
These events cannot help
but color what happens in this courtroom.
2378
02:42:13,390 --> 02:42:16,560
But somewhere in the midst
of these events,
2379
02:42:18,062 --> 02:42:22,942
the responsibility for the crimes
that we brought forward during this trial
2380
02:42:24,860 --> 02:42:28,405
must be placed in true perspective.
2381
02:42:29,657 --> 02:42:33,410
And this is the decision
that faces Your Honors.
2382
02:42:35,746 --> 02:42:37,957
It is the dilemma of our times.
2383
02:42:41,001 --> 02:42:42,711
It is a dilemma that...
2384
02:42:45,756 --> 02:42:47,758
That rests with you.
2385
02:42:53,514 --> 02:42:55,391
The prosecution rests.
2386
02:43:17,037 --> 02:43:20,332
The defendants may now
make their final statements.
2387
02:43:25,504 --> 02:43:28,465
Defendant Emil Hahn
may address the tribunal.
2388
02:43:34,555 --> 02:43:35,931
Your Honors,
2389
02:43:36,598 --> 02:43:39,768
I do not evade
the responsibility for my actions.
2390
02:43:40,728 --> 02:43:45,107
On the contrary, I stand by them
before the entire world.
2391
02:43:46,400 --> 02:43:49,611
But I will not follow the policy of others.
2392
02:43:51,030 --> 02:43:53,490
I will not say of our policy today
that it was wrong
2393
02:43:53,532 --> 02:43:55,909
when yesterday I say it was right.
2394
02:43:57,161 --> 02:43:59,955
Germany was fighting for its life.
2395
02:43:59,997 --> 02:44:03,000
Certain measures were needed
to protect it from its enemies.
2396
02:44:03,083 --> 02:44:06,295
I cannot say that I am sorry
we applied those measures.
2397
02:44:06,837 --> 02:44:09,465
We were a bulwark against Bolshevism.
2398
02:44:10,007 --> 02:44:12,593
We were a pillar of Western culture.
2399
02:44:14,053 --> 02:44:17,514
A bulwark and a pillar
the West may yet wish to retain.
2400
02:44:22,853 --> 02:44:26,690
The defendant Friedrich Hoffstetter
may address the tribunal.
2401
02:44:34,782 --> 02:44:37,701
I have served my country
throughout my life
2402
02:44:38,786 --> 02:44:41,371
and in whatever position I was assigned to,
2403
02:44:41,455 --> 02:44:44,958
in faithfulness, with a pure heart,
and without malice.
2404
02:44:47,127 --> 02:44:51,632
I followed the concept that I believed
to be the highest in my profession.
2405
02:44:52,549 --> 02:44:54,718
The concept that says:
2406
02:44:54,760 --> 02:45:00,099
"To sacrifice one's own sense of justice
to the authoritative legal order.
2407
02:45:01,225 --> 02:45:03,477
"To ask only what the law is
2408
02:45:04,853 --> 02:45:07,731
"and not to ask whether or not
it is also justice."
2409
02:45:08,774 --> 02:45:11,735
As a judge, I could do no other.
2410
02:45:12,736 --> 02:45:15,239
I believe Your Honors will find me,
2411
02:45:15,614 --> 02:45:17,282
and millions of Germans like me
2412
02:45:17,366 --> 02:45:20,285
who believed they were doing
their duty to their country,
2413
02:45:20,744 --> 02:45:23,497
to be not guilty.
2414
02:45:26,750 --> 02:45:28,627
(CLEARING THROAT)
2415
02:45:28,710 --> 02:45:31,964
The defendant Werner Lammpe
may address the tribunal.
2416
02:45:40,097 --> 02:45:41,598
Your Honors...
2417
02:45:53,402 --> 02:45:54,903
Your Honors...
2418
02:46:13,797 --> 02:46:17,009
The defendant Ernst Janning
may address the tribunal.
2419
02:46:27,352 --> 02:46:30,522
I have nothing to add to what I have said.
2420
02:46:41,491 --> 02:46:43,577
The testimony
has been received in the case.
2421
02:46:43,660 --> 02:46:45,120
Final arguments have been heard.
2422
02:46:45,162 --> 02:46:49,917
There remains nothing now but the task
of the tribunal to render its decision.
2423
02:46:51,084 --> 02:46:54,379
The tribunal will recess
until further notification.
2424
02:47:16,360 --> 02:47:18,904
Now, I've collected
several precedents and arguments here
2425
02:47:18,987 --> 02:47:21,073
that have a bearing
on the basis of the case,
2426
02:47:21,156 --> 02:47:25,369
which is, of course, the conflict between
allegiance to international law
2427
02:47:25,452 --> 02:47:28,038
and to the laws of one's own country.
2428
02:47:28,580 --> 02:47:32,459
Dan, we have a mountain
of material to go over here.
2429
02:47:33,210 --> 02:47:34,962
What are you looking at, Dan?
2430
02:47:35,045 --> 02:47:36,797
Hmm? Oh, I was...
2431
02:47:36,880 --> 02:47:41,301
I was, uh, looking at some of these pictures
attached to the warrants for arrest.
2432
02:47:41,385 --> 02:47:42,886
What pictures?
2433
02:47:43,220 --> 02:47:47,599
Well, there's Petersen,
before they operated on him.
2434
02:47:48,517 --> 02:47:50,644
And here's Irene Hoffman.
2435
02:47:50,727 --> 02:47:53,230
She really was 16 once, wasn't she?
2436
02:47:54,982 --> 02:47:56,525
Feldenstein.
2437
02:47:58,902 --> 02:48:01,071
And here's the situation of a boy,
2438
02:48:01,154 --> 02:48:03,991
certainly couldn't have been more than 14.
2439
02:48:04,241 --> 02:48:07,411
Executed for saying things
against the Third Reich.
2440
02:48:07,494 --> 02:48:10,455
"By order of justice Friedrich Hoffstetter."
2441
02:48:11,415 --> 02:48:15,836
If I may say so, more pertinent
to the legal basis of the case,
2442
02:48:15,919 --> 02:48:18,255
I have the opening address
of the French prosecutor
2443
02:48:18,380 --> 02:48:21,049
before the International
Military Tribunal.
2444
02:48:21,091 --> 02:48:24,678
"It is obvious that
in the state organized along modern lines
2445
02:48:24,761 --> 02:48:29,349
"responsibility is confined
to those who act directly for the State.
2446
02:48:29,433 --> 02:48:33,353
"Since they alone are in a position to judge
the legitimacy of the given orders,
2447
02:48:33,437 --> 02:48:35,605
"they alone can be prosecuted."
2448
02:48:35,647 --> 02:48:39,651
I have another
from Professor Jahrreiss' legal aspects,
2449
02:48:40,152 --> 02:48:42,321
<i>trial of the major war criminals.</i>
2450
02:48:42,404 --> 02:48:46,783
On the basis of these, I don't see where
the prosecution has put forth
2451
02:48:46,867 --> 02:48:51,455
a really clear-cut case
against the defense pertaining
to the charges in the indictment.
2452
02:48:51,538 --> 02:48:53,290
Regardless of the acts committed,
2453
02:48:53,373 --> 02:48:56,793
we cannot make the interpretation
that these defendants
2454
02:48:56,877 --> 02:49:00,130
are really responsible
for crimes against humanity.
2455
02:49:03,091 --> 02:49:04,426
What do you think, Dan?
2456
02:49:04,468 --> 02:49:06,803
Dan, we've been going over
these points all day.
2457
02:49:06,845 --> 02:49:08,805
If it isn't clear now...
2458
02:49:10,474 --> 02:49:13,477
Aren't you going to look
at these precedents?
2459
02:49:13,560 --> 02:49:15,771
Aren't you interested at all?
2460
02:49:18,106 --> 02:49:20,317
Yes, I'm interested, Curtiss.
2461
02:49:21,318 --> 02:49:23,570
You were speaking of crimes
against humanity
2462
02:49:23,653 --> 02:49:26,656
saying that the defendants
were not responsible for their acts.
2463
02:49:26,740 --> 02:49:29,284
I'd like you to explain that to me.
2464
02:49:29,910 --> 02:49:31,661
I've just been explaining it.
2465
02:49:31,745 --> 02:49:33,080
Well, maybe.
2466
02:49:33,163 --> 02:49:37,667
But all I've heard is a lot
of legalistic double-talk and rationalization.
2467
02:49:38,627 --> 02:49:42,172
You know, Curtiss,
when I first became a judge,
2468
02:49:42,255 --> 02:49:46,009
I... I knew there were certain people
in town I wasn't supposed to touch.
2469
02:49:46,051 --> 02:49:50,180
I knew that if I was to remain a judge,
this was so.
2470
02:49:51,223 --> 02:49:54,518
But how in God's name
do you expect me to look the other way
2471
02:49:54,601 --> 02:49:56,019
at the murder of six million people?
2472
02:49:56,103 --> 02:49:57,479
Oh, I'm sure he didn't mean that.
2473
02:49:57,521 --> 02:49:59,940
I'm not asking you
to look the other way at them.
2474
02:50:00,023 --> 02:50:04,069
I'm asking you, what good is it going to do
to pursue this policy?
2475
02:50:06,863 --> 02:50:11,576
Curtiss, you were saying that the men
are not responsible for their acts.
2476
02:50:11,660 --> 02:50:13,787
You're going to have
to explain that to me.
2477
02:50:13,870 --> 02:50:16,706
You're going to
have to explain it very carefully.
2478
02:50:24,673 --> 02:50:26,550
The tribunal is now in session.
2479
02:50:26,591 --> 02:50:30,762
God bless the United States of America
and this honorable tribunal.
2480
02:50:51,700 --> 02:50:55,078
The trial conducted before this
tribunal began over eight months ago.
2481
02:50:55,162 --> 02:50:59,416
The record of evidence
is more than 10,000 pages long
2482
02:50:59,499 --> 02:51:02,794
and final arguments of counsel
have been concluded.
2483
02:51:05,755 --> 02:51:09,843
Simple murders and atrocities
do not constitute
2484
02:51:09,926 --> 02:51:12,971
the gravamen of the charges
in this indictment.
2485
02:51:13,680 --> 02:51:17,017
Rather, the charge is that
of conscious participation
2486
02:51:19,102 --> 02:51:22,814
in a nationwide,
government-organized system
2487
02:51:22,898 --> 02:51:24,858
of cruelty and injustice
2488
02:51:25,692 --> 02:51:29,029
in violation of every moral
and legal principle
2489
02:51:29,112 --> 02:51:31,406
known to all civilized nations.
2490
02:51:33,325 --> 02:51:37,787
The tribunal has carefully
studied the record
2491
02:51:37,829 --> 02:51:39,706
and found therein
2492
02:51:39,789 --> 02:51:45,253
abundant evidence to support
beyond a reasonable doubt
2493
02:51:46,546 --> 02:51:49,090
the charges against these defendants.
2494
02:51:50,383 --> 02:51:52,135
(PEOPLE MURMURING)
2495
02:52:00,519 --> 02:52:01,853
<i>Herr</i> Rolfe
2496
02:52:02,854 --> 02:52:05,440
in his very skillful defense
2497
02:52:06,066 --> 02:52:09,819
has asserted that there are others
2498
02:52:10,987 --> 02:52:14,199
who must share the ultimate responsibility
2499
02:52:14,282 --> 02:52:16,576
for what happened here in Germany.
2500
02:52:16,660 --> 02:52:18,495
There is truth in this.
2501
02:52:19,955 --> 02:52:25,669
The real complaining party
at the bar in this courtroom is civilization.
2502
02:52:27,754 --> 02:52:29,714
But the tribunal does say
2503
02:52:30,590 --> 02:52:34,844
that the men in the dock
are responsible for their actions.
2504
02:52:37,764 --> 02:52:40,642
Men who sat in black robes
2505
02:52:42,852 --> 02:52:45,689
in judgment on other men.
2506
02:52:48,066 --> 02:52:49,693
Men who took part
2507
02:52:51,278 --> 02:52:54,906
in the enactment of laws and decrees,
2508
02:52:57,576 --> 02:53:01,246
the purpose of which
was the extermination of human beings.
2509
02:53:01,705 --> 02:53:04,499
Men who, in executive positions,
2510
02:53:05,166 --> 02:53:09,713
actively participated
in the enforcement of these laws,
2511
02:53:10,338 --> 02:53:13,633
illegal even under German law.
2512
02:53:19,973 --> 02:53:21,433
The principle
2513
02:53:22,267 --> 02:53:28,106
of criminal law in every civilized society
has this in common:
2514
02:53:30,775 --> 02:53:35,655
Any person who sways another
to commit murder,
2515
02:53:37,449 --> 02:53:39,743
any person who furnishes
2516
02:53:40,744 --> 02:53:44,080
the lethal weapon
for the purpose of the crime,
2517
02:53:45,332 --> 02:53:48,918
any person who is an accessory
to the crime
2518
02:53:50,754 --> 02:53:52,088
is guilty.
2519
02:53:56,968 --> 02:53:58,303
<i>Herr</i> Rolfe
2520
02:54:00,096 --> 02:54:03,266
further asserts that the defendant Janning
2521
02:54:05,226 --> 02:54:07,479
was an extraordinary jurist
2522
02:54:07,562 --> 02:54:10,899
and acted in what he thought
was the best interest of his country.
2523
02:54:10,940 --> 02:54:13,109
There is truth in this also.
2524
02:54:15,153 --> 02:54:16,905
Janning, to be sure,
2525
02:54:18,448 --> 02:54:19,699
is a tragic figure.
2526
02:54:20,408 --> 02:54:23,119
We believe he loathed the evil he did.
2527
02:54:24,245 --> 02:54:27,415
But compassion
for the present torture of his soul
2528
02:54:27,624 --> 02:54:29,876
must not beget forgetfulness
2529
02:54:29,959 --> 02:54:34,923
of the torture and the death of millions
by the government of which he was a part.
2530
02:54:36,675 --> 02:54:38,593
Janning's record and his fate
2531
02:54:38,635 --> 02:54:43,014
illuminate the most shattering truth
that has emerged from this trial.
2532
02:54:43,098 --> 02:54:47,977
If he and all of the other defendants
had been degraded perverts,
2533
02:54:48,561 --> 02:54:50,814
if all of the leaders of the Third Reich
2534
02:54:50,855 --> 02:54:54,109
had been sadistic monsters and maniacs,
2535
02:54:55,068 --> 02:54:59,280
then these events would have
no more moral significance
2536
02:54:59,322 --> 02:55:02,867
than an earthquake,
or any other natural catastrophe.
2537
02:55:02,951 --> 02:55:04,911
But this trial has shown
2538
02:55:05,995 --> 02:55:08,164
that under a national crisis,
2539
02:55:09,332 --> 02:55:12,585
ordinary, even able and extraordinary men
2540
02:55:14,170 --> 02:55:17,507
can delude themselves
into the commission of crimes
2541
02:55:18,425 --> 02:55:21,594
so vast and heinous
that they beggar the imagination.
2542
02:55:21,678 --> 02:55:24,723
No one who has sat through the trial
can ever forget them.
2543
02:55:26,307 --> 02:55:29,227
Men sterilized because of political belief.
2544
02:55:30,019 --> 02:55:32,856
A mockery made of friendship and faith.
2545
02:55:33,523 --> 02:55:35,442
The murder of children.
2546
02:55:36,818 --> 02:55:38,820
How easily it can happen.
2547
02:55:40,780 --> 02:55:43,032
There are those in our own country, too,
2548
02:55:43,074 --> 02:55:47,328
who today speak
of the protection of country, of survival.
2549
02:55:47,704 --> 02:55:51,249
A decision must be made
in the life of every nation
2550
02:55:51,332 --> 02:55:55,253
at the very moment when
the grasp of the enemy is at its throat.
2551
02:55:55,336 --> 02:55:59,466
Then it seems that the only way to survive
is to use the means of the enemy,
2552
02:55:59,549 --> 02:56:03,428
to rest survival upon what is expedient,
to look the other way.
2553
02:56:05,597 --> 02:56:08,016
Well, then, the answer to that is:
2554
02:56:09,225 --> 02:56:10,852
survival as what?
2555
02:56:11,728 --> 02:56:13,605
A country isn't a rock.
2556
02:56:14,189 --> 02:56:16,691
It's not an extension of one's self.
2557
02:56:17,025 --> 02:56:18,943
It's what it stands for.
2558
02:56:19,235 --> 02:56:23,406
It's what it stands for when standing for
something is the most difficult.
2559
02:56:27,619 --> 02:56:29,871
Before the people of the world
2560
02:56:30,747 --> 02:56:32,457
let it now be noted
2561
02:56:34,083 --> 02:56:37,462
that here in our decision,
this is what we stand for:
2562
02:56:38,755 --> 02:56:39,964
Justice,
2563
02:56:40,757 --> 02:56:41,925
truth,
2564
02:56:44,344 --> 02:56:46,930
and the value of a single human being.
2565
02:56:58,316 --> 02:57:01,611
The marshal will produce
before the tribunal the defendant Hahn.
2566
02:57:04,864 --> 02:57:06,157
Emil Hahn,
2567
02:57:06,741 --> 02:57:08,701
the tribunal finds you guilty
2568
02:57:09,035 --> 02:57:11,579
and sentences you to life imprisonment.
2569
02:57:11,621 --> 02:57:15,291
Today you sentence me.
Tomorrow the Bolsheviks sentence you.
2570
02:57:16,835 --> 02:57:18,503
(PEOPLE MURMURING)
2571
02:57:22,131 --> 02:57:25,969
The marshal will produce the defendant
Hoffstetter before the tribunal.
2572
02:57:29,889 --> 02:57:31,975
Friedrich Hoffstetter,
2573
02:57:32,016 --> 02:57:36,145
the tribunal finds you guilty
and sentences you to life imprisonment.
2574
02:57:37,981 --> 02:57:39,649
(PEOPLE MURMURING)
2575
02:57:41,109 --> 02:57:45,613
The marshal will produce the defendant
Lammpe before the tribunal.
2576
02:57:51,286 --> 02:57:52,829
Werner Lammpe,
2577
02:57:54,622 --> 02:57:56,207
the tribunal finds you guilty
2578
02:57:57,333 --> 02:58:00,128
and sentences you to life imprisonment.
2579
02:58:03,423 --> 02:58:05,174
(PEOPLE MURMURING)
2580
02:58:05,425 --> 02:58:07,385
(GAVEL POUNDING)
2581
02:58:10,179 --> 02:58:14,684
The marshal will produce the defendant
Ernst Janning before the tribunal.
2582
02:58:30,241 --> 02:58:32,035
Ernst Janning,
2583
02:58:33,703 --> 02:58:35,872
the tribunal finds you guilty
2584
02:58:36,623 --> 02:58:38,917
and sentences you to life imprisonment.
2585
02:58:43,504 --> 02:58:44,797
(PEOPLE MURMURING)
2586
02:58:44,881 --> 02:58:46,758
He doesn't understand.
2587
02:58:48,134 --> 02:58:50,511
He just doesn't understand.
2588
02:58:51,179 --> 02:58:52,847
He understands.
2589
02:58:56,768 --> 02:58:58,728
(GAVEL POUNDING)
2590
02:59:06,778 --> 02:59:08,738
Justice Ives dissenting.
2591
02:59:11,574 --> 02:59:13,701
I wish to point out strongly
2592
02:59:14,077 --> 02:59:17,330
my dissenting vote
from the decision of this tribunal
2593
02:59:17,413 --> 02:59:19,457
as stated by Justice Haywood,
2594
02:59:19,540 --> 02:59:22,085
and in which Justice Norris concurred.
2595
02:59:23,419 --> 02:59:26,255
The issue of the actions
of the defendants
2596
02:59:26,339 --> 02:59:30,802
who believed they were acting
in the best interests of their country
2597
02:59:30,885 --> 02:59:34,430
is an issue that cannot be
decided in a courtroom alone.
2598
02:59:36,349 --> 02:59:38,810
It can only be decided objectively
2599
02:59:39,519 --> 02:59:43,439
in years to come,
in the true perspective of history.
2600
02:59:51,155 --> 02:59:53,658
And, uh, where shall I put
these books, Your Honor?
2601
02:59:53,741 --> 02:59:56,744
-Put them in the trunk, Mr. Halbestadt.
-Yeah.
2602
02:59:59,038 --> 03:00:03,459
Your Honor, here's something for you
to have on the plane.
2603
03:00:03,501 --> 03:00:06,421
Oh, oh, no. If you give me
any more food, Mrs. Halbestadt,
2604
03:00:06,462 --> 03:00:08,589
I... I won't have any room
for anything else.
2605
03:00:08,631 --> 03:00:10,925
But it's strudel, the way you like it.
2606
03:00:10,967 --> 03:00:12,552
Thank you. Thank you for everything.
2607
03:00:12,635 --> 03:00:13,678
Yeah.
2608
03:00:14,554 --> 03:00:16,681
-I'll put it in the car for you.
-Thanks.
2609
03:00:16,764 --> 03:00:18,891
Tickets, passport, immunization.
All in order.
2610
03:00:18,975 --> 03:00:21,477
I'll have your baggage checks
and boarding pass at the airport.
2611
03:00:21,561 --> 03:00:23,604
-Thank you.
-See you there no later than 3:00.
2612
03:00:23,646 --> 03:00:24,731
Right.
2613
03:00:24,814 --> 03:00:27,692
Oh, and give my regards
to Miss... What was her name?
2614
03:00:27,775 --> 03:00:29,652
Scheffler. Elsa.
2615
03:00:30,153 --> 03:00:31,612
That's one you owe me.
2616
03:00:31,654 --> 03:00:32,822
What do you mean?
2617
03:00:32,905 --> 03:00:36,451
Americans aren't very popular
in Nuremberg this morning.
2618
03:00:52,800 --> 03:00:54,052
(DIALING)
2619
03:00:59,390 --> 03:01:00,933
(PHONE RINGING)
2620
03:01:12,862 --> 03:01:14,864
(PHONE CONTINUES RINGING)
2621
03:01:37,345 --> 03:01:38,721
Good afternoon, Your Honor.
2622
03:01:38,805 --> 03:01:40,306
Good afternoon.
2623
03:01:41,724 --> 03:01:46,104
I came here at the request
of my client, Ernst Janning.
2624
03:01:48,106 --> 03:01:49,899
He wishes to see you.
2625
03:01:50,858 --> 03:01:53,194
I'm just leaving for the airport.
2626
03:01:54,737 --> 03:01:58,491
He says it would mean a great deal to him.
2627
03:02:04,747 --> 03:02:08,251
Have you heard about the verdict
in the I.G. Farben case?
2628
03:02:08,918 --> 03:02:10,795
Most of them were acquitted.
2629
03:02:10,878 --> 03:02:13,422
The others received light sentences.
2630
03:02:13,506 --> 03:02:14,966
The verdict came in today.
2631
03:02:15,049 --> 03:02:16,759
No, I hadn't heard.
2632
03:02:17,969 --> 03:02:19,929
I will make you a wager.
2633
03:02:20,596 --> 03:02:22,348
I don't make wagers.
2634
03:02:23,266 --> 03:02:25,017
A gentleman's wager.
2635
03:02:26,352 --> 03:02:32,233
In five years, the men you sentenced
to life imprisonment will be free.
2636
03:02:35,111 --> 03:02:39,448
<i>Herr</i> Rolfe, I have admired your work
in the courtroom for many months.
2637
03:02:39,991 --> 03:02:42,618
You are particularly brilliant
in your use of logic.
2638
03:02:42,660 --> 03:02:43,786
Thank you.
2639
03:02:43,870 --> 03:02:48,207
So what you suggest
may very well happen.
2640
03:02:49,125 --> 03:02:53,462
It is logical,
in view of the times in which we live.
2641
03:02:54,422 --> 03:02:57,008
But to be logical is not to be right.
2642
03:02:57,800 --> 03:03:01,137
And nothing on God's earth
could ever make it right.
2643
03:03:12,106 --> 03:03:13,816
Someone to see you.
2644
03:03:24,619 --> 03:03:26,120
(DOOR CLOSING)
2645
03:03:26,287 --> 03:03:27,705
<i>Herr</i> Janning.
2646
03:03:29,832 --> 03:03:31,334
Judge Haywood.
2647
03:03:33,669 --> 03:03:35,796
Please, sit down.
2648
03:03:36,505 --> 03:03:39,342
Thank you. You wanted to see me?
2649
03:03:40,051 --> 03:03:43,387
Yes. There is something
I... I want to give you.
2650
03:03:44,513 --> 03:03:45,848
A record.
2651
03:03:48,059 --> 03:03:49,852
A record of my cases.
2652
03:03:50,728 --> 03:03:52,521
The ones I remember.
2653
03:03:53,439 --> 03:03:56,609
I want to give them
to someone I can trust,
2654
03:03:57,610 --> 03:04:00,655
someone I felt I got to know
during the trial.
2655
03:04:07,245 --> 03:04:08,579
Thank you.
2656
03:04:11,040 --> 03:04:12,583
I'll take good care of them.
2657
03:04:14,043 --> 03:04:17,588
I know the pressures
that have been brought upon you.
2658
03:04:18,881 --> 03:04:20,716
You will be criticized greatly.
2659
03:04:21,259 --> 03:04:24,011
Your decision will not be a popular one.
2660
03:04:26,722 --> 03:04:29,058
But if it means anything to you,
2661
03:04:30,101 --> 03:04:34,522
you have the respect
of at least one of the men you convicted.
2662
03:04:35,731 --> 03:04:41,279
By all that is right in this world,
your verdict was a just one.
2663
03:04:43,114 --> 03:04:44,448
Thank you.
2664
03:04:46,617 --> 03:04:50,079
What you said in the courtroom,
it needed to be said.
2665
03:04:51,205 --> 03:04:52,707
Judge Haywood,
2666
03:04:56,335 --> 03:04:58,421
the reason I asked you to come...
2667
03:05:06,262 --> 03:05:07,763
Those people,
2668
03:05:09,265 --> 03:05:11,267
those millions of people,
2669
03:05:12,935 --> 03:05:15,354
I never knew it would come to that.
2670
03:05:16,439 --> 03:05:18,190
You must believe it.
2671
03:05:18,691 --> 03:05:20,443
You must believe it.
2672
03:05:23,821 --> 03:05:25,281
<i>Herr</i> Janning,
2673
03:05:26,782 --> 03:05:30,453
it came to that the first time
you sentenced a man to death
2674
03:05:30,536 --> 03:05:32,496
you knew to be innocent.
2675
03:06:09,617 --> 03:06:11,619
(MEN SINGING IN GERMAN)
2676
03:06:17,625 --> 03:06:20,002
(MEN CONTINUE SINGING
IN GERMAN)
2677
03:06:36,018 --> 03:06:38,104
(BAND PLAYING)
2678
03:06:42,358 --> 03:06:42,483
2678
03:06:43,305 --> 03:07:43,274
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