DEATH SENTENCE.

Auckland Star, Volume LXIV, Issue 304, 26 December 1933, Page 7

DEATH SENTENCE.

REICHSTAG FIEE.

Van der Lubbe to Pay Extreme

Penalty.

FOUR OTHERS ACQUITTED

(United P.A.—Electric Telegraph—Copyright)

LEIPZIG, December 25,

In absolute silence and in a densely-packed Court, the president, Dr. Buenger, pronounced sentence at the end of the trial of the fivei prisoners charged with high treason in connection with the Reichstag fire. Van der Lubbo, the Dutchman, was convicted and sentenced to death. The other four were acquitted, namely: — Toi'gler, a former German Communist deputys Dlmitroff, Popoff and Taneff (Bulgarians). All accused persons heard the result unmoved. Van der Lubbe, sitting in the bowed attitude which he had assumed throughout the trial, did not show the slightest interest, and did not even raise his head. Dr. Buenger said that the Court was of the opinion that Van der Lubbe was ordered by the other incendiaries to climb into Ihe Reichstag and lay a trail of flre in order to distract the attention of the fire brigade from the main fire which was to be laid in the plenary session chamber. It was added by Dr. Buenger that the Court rejected the "senseless legends" that Nazis had a hand in the fire, that Van der Lubbe visited Nazis or that German officials falsified Van der Lubbe's passport. The Court also rejected the stories that a tunnel connecting the Reichstag and the residence of General Goering, president of the Reichstag, had been used. Dr. Buenger emphasised the Court's view that though it was suspected that the other accused persons were involved in high treason, it had been impossible to adduce proof. Accordingly they were acquitted owing to lack of evidence. The trial, which really ended undrainatically, lasted 57 days. This is the longest trial in German legal records. The Nazi newspapers are infuriated by the acquittal of Torgler and the three Bulgarians. Torgler, acting on his lawyer's advice, asked to be taken into "protective custody." It is reported that a new indictment is beinp prepared against him and also against Thaelinann, the other Communist leader. An Amsterdam telegram says that Van der Lubbe will petitipn President Hindenburg for clemency, as no appeal is possible from the Supreme Court. If the President rejects the petition the Dutch Government will make representations on the ground that no death penalty for the crime of which Van der Lubbo was accused was provided by the German law at the time of the Reichstag fire.