GRAVE MATTER

Wanganui Chronicle, Volume 90, Issue 55, 7 March 1946, Page 5

GRAVE MATTER

ATTACK ON COUNSEL NEWSPAPER COMMENT ON NUREMBERG TRIAL

Nuremberg, March 5. Mr. Justice Lawrence, President of the Court, announced that the War. Crimes Tribunal had asked the Allied Control Commission in Germany to investigate the publication in the "Berliner Zeilung,” which was published in the Russian zone of Berlin, of a severe attack against Streicher’s counsel, Dr. Hans Marx. Mr. Justice Lawrence said the article suggested that Di. Marx, in asking question: of the Court, behaved most improperly; and that the proper course for him was to remain silent. "The matter assumes a graver aspect because the article goes on to threaten Dr. Marx with complete ostracism, using violent and intimidating language,” he said. "The tribunal won’t tolerate such conduct. The right of the accused to be repre- ■ e.ited by counsel is one of the most important elements in the administration of justice.” e Mr. Justice Lawrence added that Dr. Marx in no way exceeded his professional duty. Counsel for Dpenitz asked permission to interrogate Admiral Nimitz, also that British Admiralty files should be opened to disclose the combat orders given, British merchant ships. He assured the tribun# that Admiral Nimitz’s replies would prove that America "observed the same strategic and legal considerations in carrying out submarine warfare, and gave orders identical to those of the Naval High Command.” He said: “American submarines attacked all chips in specified operational waters without warning, also all Japanese, ships, .at leas. from the time it was surmised such ships would resist being taken as prizes. Finally, American submarines did not assist shipwrecked people in waters where a submarine would endanger itself by doing so." OBJECTION TO CALLING NIMITZ The British prosecutor. Sir David Maxwell-Fyfe, objected to calling Admiral Nimitz to give evidence concerning sea warfare against the Japanese on lhe ground of irrelevance. He said that even if what Doenitz claimed American submarines had dore was true, it could not be assumed that thev followed the same legal considerations as those of the German Naval Command. It might have been done as retaliation. Dr. Franz Buehler, counsel for Doenitz, said he did not wish to prove that the United States Admiralty, in U-boat warfare against Japan, broke international laws. "On the contrary, I am of the opinion it acted strictly within the limits of international law.” he said. "The United States wa. faced with exactly the same problems as confronted Germany in its U-boat warfare against Britain.” Mr. Justice Lawrence said the tribunal would consider this with other applications. ft is pointed out in Court circles that Doenitz's counsel has already been given permission to visit London to examine documents of the Admiralty. Streicher sought to call his wife and son, said counsel. • The formei would prove he had no connection with Hitler and other Nazi chiefs. Streicher asked for his son as a witness to refute the prosecution’s charges that he wa; a sexual sadist, his counsel said. Both Streicher’s wife and the chief editor of "Der Sturme.” could tell the truth concerning his so-called pornographic library. Counsel said S'reichcr had lived since 1940 in banishment which was so complete that he never heard of such an infamous terrorist as Heydrich or of Kaltenbrunner.

Schacht wanted witnesses to testify that he was concerned in the attempt to overthrow the Nazi Government in September, 1938, and that he participated in the attempt against Hitler’s life on July 20, 1944. Funk’s counsel applied for 10 German witnesses. He indicated he would seek to prove that Funk opposed importing slave labour to Germany. Goering’s counsel stated that Lord Halifax was the only one of eight persons who had replied to interrogation, sent ini connection with Goering’s defence. The Tribunal sat in closed session in lhe afternoon considering its decisions.

NUREMBERG TRIAL

APPLICATIONS FOR DEFENCE WITNESSES Nuremberg, March 4 ’The war crimes tribunal began the hearing to-day of applications for a total of 51 witnesses on behalf of Ernst Kaltenbrunner, chief of the Nazi security police, Wilhelm Frick, Minister of the Interior, Alfred Rosenberg, former Gauleiter of Poland and Dr. Hans Frank, Governor-General of Poland—a total which the Court is expected to severely cut down. Kaltenbrunner wanted witnesses to prove that he intervened many times on behalf of Jewish and other internees, and also that he had no jurisdiction over the Wachau camp and did not give the order for the destruction of Dachau by bombing. His counsel claimed that he conducted an active peace policy after 1943 and had been in contact with United States agents on the matter. Frick desired testimony that he was innocent of complicity in the Nazi Party purge in 1934 and the Jewish pogrom ol 1938, because "Hitler had transferred the police power completely to Goering and Himmler.” Rosenberg, naming 11 witnesses, claimed through his counsel that he fought Hitler’s policies of slave labour, art pillaging, and propaganda, and even totalitarianism itself.

Frank sought to call General Ritter von Epp to prove that Hitler regarded him as a deadly enemy and traitor who worked hand in glove with the Poles. He also wanted another witness to testify that he used his influence with Hitler to improve the ctnditions of the Poles.

The Nuremberg corresponrent of the Associated Press of Great Britain says that the former Admiral Doen,tz will attempt to secure evidence from the American Admiral Nimitz showing that United States submarines in the Pacific were ordered to sink merchant vessels without warning and to avoid any rescue work endangering x submarines 01' their crews. It is learned that Doenitz is applying to the tribunal for written answers to his questions from Admiral Nimitz.