Handwritten trial transcript

Public Session – Berlin, /Handwritten: Munich/, February 22, 1943

Of the First Council of the People’s Court

———

1 H 47/43

Present as judges:

President of the People’s Court [illegible] Freisler, presiding

Director of the Regional Court Stier

SS-Gruppenführer Breithaupt

SA-Gruppenführer Bunge

Deputy Secretary of State and SA-Gruppenführer Köglmaier

As legal observers of the court proceedings

Representing the Chief Prosecutor of the Reich:

Reich Prosecutor Weyersberg

Serving as Court Clerk for the Bureau of

In the criminal case against

1.) Hans, Fritz Scholl from Munich, born in Ingersheim on September 22, 1918, single, no prior convictions, taken into temporary custody on February 18, 1943.

2.) Sophia, Magdalena Scholl from Munich, born May 9, 1921 in Forchtenberg, single, no prior convictions, taken into temporary custody on February 18, 1943,

3.) Christoph, Hermann Probst from Aldrans near Innsbruck, born November 6, 1919 in Murnau, married, no prior convictions, taken into temporary custody on February 20, 1943.

Charged with traitorous aiding and abetting of the enemy, preparations for high treason, demoralization of the armed forces.

The accused appeared on today’s date, called to the trial by order of the /illegible/, brought to the courtroom from the local interrogation facilities the prison of the State Police Headquarters in Munich.

Form III 30

Appearing as defense counsel:

a.) Attorney Klein for the accused Hans and Sophia Scholl

b.) Attorney Dr. Ferdinand Seidl for the accused Probst.

Both Attorney Klein and Attorney Seidl were required to defend the accused by order of the court.

The trial began with the calling of witnesses and of expert witnesses.

The following persons appeared:

Jakob Schmied, Maintenance Man

The witnesses and expert witnesses were was made aware of the nature of the examination and the accused persons, admonished to make a true statement, as well as advised regarding the meaning of the oath and the legal consequences of perjury.

The witnesses left the courtroom after he had been advised that he was required to remain in the courthouse and could expect to be called [to testify] at any time.

The accused made statements regarding their persons.

The representative of the Chief Prosecutor of the Reich requested that the proceedings be closed to the public for reasons of national security and to require that all participants in the trial proceedings be subject to a gag order in accordance with § 174, paragraph II GVG.

The Council decided accordingly and the decision was executed. Notice was given regarding the legal consequences of flaunting the gag order.

The following persons were permitted to be present at the proceedings:

Expert witnesses

The representative of the Chief Prosecutor of the Reich then advised the accused, whose ____ excused recited the indictment against the accused.

The accused explained their side of the matter.

The leaflets a.) Leaflet of the White Rose No. 1

b.) Leaflet of the White Rose No. 3

c.) Fellow Students!

d.) Call to all Germans

e.) Stalingrad!

Were read aloud and became part of the proceedings.

It was unanimously agreed that:

There was no need to call the witness.

The expert witness who was present, Criminal Inspector Möll, presented his expert opinion.

After every witness, expert witness, and accused had been examined, and a After every document had been read aloud, the accused were asked whether they had anything to say. They made their explanations.

Presentation of evidence came to an end.

The representative of the Chief Prosecutor of the Reich and the defense counsel for the accused were now permitted to state their cases.

The representative of the Chief Prosecutor of the Reich requested:

Against Hans Scholl, Sophia Scholl, Christoph Probst: For preparation for high treason, aiding and abetting the enemy, demoralization of the armed forces, and with Probst also for the crime of [listening to] illegal radio broadcasts, the death penalty and loss of all civil rights for the rest of their lives.

The defense counsel requested:

1.) Attorney Klein a.) For Hans Scholl, a just sentence;

b.) For Sophia Scholl, a mild punishment.

2.) Attorney Seidl for Probst: A mild punishment.

The accused were asked whether they had anything to add to their defense. They made their statement and were granted the last word.

The presiding judge adjourned the proceedings. The court retired for deliberation.

After the public was readmitted to the proceedings, The President [of the Council] pronounced the following verdict:

[Note 1] In the name of the German people!

During a time of war, the accused have aided and abetted the enemies of the Reich and demoralized the armed forces called for the downfall of the Reich in leaflets and [illegible, but struck] [very long illegible section [Note 2]] and they have aided and abetted the enemies of the Reich and demoralized its armed forces. [Illegible.]

By order of the representative of the Chief Prosecutor of the Reich, it was decided and announced that:

The oral justification of the verdict shall not be publicly disclosed for reasons of national security. A gag order shall be issued for all those present.

This decision was executed.

The most important portions of the justification of the verdict were then announced.

End of the proceedings: 12:45 pm.

==========

Note 1: The handwriting of the verdict is not the same as the handwriting for the rest of the document. Most of the document is written in a clear, legible hand. This verdict is in a hand that resembles what one associates with doctor’s prescriptions. Fortunately, it was written large, about five times the size of the other cursive. The “doctor’s prescription” handwriting almost assuredly belonged to Judge Freisler.

Note 2: It is difficult even to tell what the writer struck through and what was kept. He wrote in the margins and sideways.

Note: Although this comment is in the translation notes, it is worth repeating here. Italics indicate handwritten text. Regular font indicates either preprinted form or typewritten document. Text that is struck through here was struck through in the original document.

=========+

Source: ZC13267 (66 – 70)

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