ALL THE NAZI LEADERS PLEAD NOT GUILTY

Wanganui Chronicle, Volume 89, Issue 276, 22 November 1945, Page 5

ALL THE NAZI LEADERS PLEAD NOT GUILTY

THEY FAIL IN CHALLENGE THAT TRIAL IS NOT LEGAL

AMERICA READS INDICTMENT Reed. 1 1 p.m. London, Nov. 21. All the leaders of the Nazi Party, arraigned in Nuremberg for trial as war criminals, have pleaded not guilty. Leading counsel for the accused challenged the legality of the trial, but in this were overruled by the presiding Judge (Lord Justice Lawrence, of Britain).

Counsel argued that the trial was illegal for the reason that it was being held under a law framed since the alleged crimes were committed, and in that respect was contrary to the accepted principles of justice throughout the world. Lord Justice Lawrence intimated that the trial would proceed.

Counsel for Rosenberg (former director of the German Foreign Political Office and Minister for Eastern Occupied Territories) complained that he had had no chance at all to converse with him, either last night or to-day. Lord Justice Lawrence thereupon adjourned the trial to allow counsel the opportunity he asked.

When the trial resumed the chief United States Prosecutor, Mr. Justice Jackson, opened the prosecution. He said that standing in the Court were twenty beaten men, representing all that was distasteful to man. No matter how persons objected to the status quo, to resort to war was not a legal way to register their objection.

Before the opening of the second day of the trial the defence filed its motion asking that the Tribunal secure from internationally-recognis-ed experts on international law an opinion about the legal basis of the trial.

“As far as crime against peace is concerned the present trial has no legal basis in international law. but is based on a new penal law which contradicts a legal principle which is cherished throughout the world—a principle that punishment is only possible if a law is violated which existed at the time the act was committed and which provided for that punishment,” says the motion. “This maxim is one of the great principles of nations, especially in the law of England since the Middle Ages, in the United States since its birth, in France since the revolution and also Russia.” “The defence counsellors unanimously are convinced that this trial could 'better serve progress and the world if it did not withdraw from the existing international law. The defence is also obliged to point out that the Judges in this Court were appointed only by one side a side which has everything in one—is creator of the law, prosecutor anu judge” FULL READING OF INDICTMENTThe full reading of the indictment came as a surprise at the opening 01 the criminal trials yesterday, as it had been fully publicised and all concerned had read it. The deputy American prosecutor. Mr. Aiderman. read count one. and the deputy British prosecutor? Sir David Maxwell-Fyfe, read count two. The readings of these counts occupied 70 minutes. None oi the Judges appeared to be listening, mostly studying the faces of the accused sitting opposite. Lord Lawrence, disdaining earphones, busied himself with papers on the Bench. When the Court adjourned at 11.10 a.m. for a quarter of an hour recess, Lord Lawrence was obviously as weary as the defendants at hearing the familiar document recited. The Court lights were turned off during the recess to rest the eye s of the accused, who were not permitted to leave the docks. When the Court resumed, the deputy French prosecutor began to read count three of the indictment. The electrical system failed one minute after the Court had resumed, and red lights flashing in front of Lord Lawrence. who thumped his gavel to stop the proceedings while the trouble was rectified. Keitel’s face above his immaculate uniform was almost snarling. as the recital of atrocities went on in singson0 ’ French. The Court adjourned for lunch at 12.35 n.m. The defendants remained in Court during the adjournment. Their lunch consisted of G.I. army ra•tions which they ate heartily from mess tins. Goering’s.annetit? particularly was very keen. They then conferred with counsel and one another until the Court resumed at 2.12 p.m. HESS HAS CRAMP

Hess suffered an attack of abdominal cramps during yesterday morning’s intermission and was attended by Major Douglas Kelly, a San Francisco psychiatrist, who said Hess had been subject to such cramps for some time. Of all the accused, Goering paid least attention to the reouirements of Court behaviour. When the Court resumed after lunch he stood up lazily, not to attention like the others, leaning heavily with both hands on the dock rail. The reading of count three finished at 2.30 p.m.. whereupon the deputy Soviet prosecutor began reading count four on crimes against humanity—extermination, enslavement of civilian populations and political, racial ann religious persecution. When the Soviet prosecutor began reading. Goerin v nicked un his headphones and listened for the first time for several hours. He did not place the phones over his head. but held one receiver lazily to an ear. and draped himself over the rail gazing at the uniformed speaker-. He freauentlv chatted with Hess, but it was impossible tn tell whether Hess know it was Goering. The Russian prosecutors voice rose in pitch as he read descriptions of mass shootings and disembowellings. Coering looked bnred and put down the earphones. Only Hans Frank to the complete catalogue of -?-n?iti?«\ There were no visible re-

actions by the prisoners. Von Paper cunned a hand round an e a-ph one and listened intently when ’ the charge against him of promoting 1 preparations for war was read. He. at th** end. chook his exclaimed “No.” This was the first nudible statement from the dock. The accused were not asked to plead yesterday. A doctor reported that ner is almost out of danger. Ho will 1 b° in hospital for a month and on his bock for a fortnight. REACTIONS OF COUNSEL An “Exchange Telegraph” correspondent at Nuremberg says that the German defence lawyers, while complaining of the incivility of the security guards, who, they said, treated them almost as if they were accused, expressed themselves as satisfied with the first day’s proceedings at the trial. They indicated that they, would ask

for additional time to prepare the defence after- the prosecution had presented the case. They argued that, the prosecution had had six months in which to prepare the case, whereas the defence had been chosen only after the indictments were served last October. The defence, therefore, should have additional time at some stage during the trial. Mr. Justice Jackson's speech. Tunning into 90 closely typed pages, occupied nearly the whole of the proceedings to-day. On behalf of the United States he opened the case against the leading Nazis charged on the first count of the indictment—a common plan of conspiracy. WILL LAST FORTNIGHT It is expected that the presentation of the United States case will last a fortnight. The British will be responsible for the second count—crimes against peace—which will not likely be reached before the beginning of the third week of the trial. There is reason to believe that General Rudenko will be hack to lead the Russian team by the time the Russian count on the indictment is reached. It is considered that the best estimate of the time to be taken by the prosecution will be six weeks. The length of the proceedings will be determined by what the array of lawyers defending the accused will nut forward in the way of arguments.

An Associated Press correspondent in Berlin says while the Nazi thugs at the Nuremberg trial see -he shadow of a swinging noose. Berlin school children are learning the grim lesson, “Crime does not pay.” Karl Schulze, educational director of the Berlin civil government has announced that the Nurembeng trials have been made No. 1 subject in Berlin schools, with the object of impressing former “Hitler’s children” of Germany’s war guilt and the processes of Allied justice. He stated that there would he daily study and discussion periods for all pupils 12 to 18 years.