Verdict, second White Rose trial (Schmorell copy)

April 28, 1943

6 J 24 /43

1 H 101/43

IN THE NAME OF THE GERMAN PEOPLE

In the criminal case against

1. Alexander Schmorell from Munich, born September 16, 1917 in Orenburg (Russia),

2. Kurt Huber from Munich, born October 24, 1893 in Chur (Switzerland),

3. Wilhelm Graf from Munich, born January 2, 1918 in Kuchenheim,

4. Hans Hirzel from Ulm, born October 30, 1924 in Untersteinbach (Stuttgart),

5. Susanne Hirzel from Stuttgart, born on August 7, 1921 in Untersteinbach,

6. Franz Josef Müller from Ulm, born September 8, 1924 in Ulm,

7. Heinrich Guter from Ulm, born January 11, 1925 in Ulm,

8. Eugen Grimminger from Stuttgart, born July 29, 1892 in Crailsheim,

9. Dr. Heinrich Philipp Bollinger from Freiburg, born April 23, 1916 in Saarbrücken,

10. Helmut Karl Theodor August Bauer from Freiburg, born June 19, 1919 in Saarbrücken,

11. Dr. Falk Erich Walter Harnack from Chemnitz, born on March 2, 1913 in Stuttgart,

12. Gisela Schertling from Munich, born on February 9, 1922 in Pöβneck / Thuringia,

13. Katharina Schüddekopf from Munich, born February 8, 1916 in Magdeburg,

14. Traute Lafrenz from Munich, born May 3, 1919 in Hamburg,

currently in interrogative custody with regards to the matter of traitorous aiding and abetting of the enemy, etc. –

The First Council of the People’s Court, pursuant to the trial of April 19, 1943, in which the following participated:

As Judges:

President of the People’s Court, Dr. Freisler, presiding

Director of the Regional Court Stier

SS-Gruppenführer and Major General of the Waffen-SS Breithaupt

SA- Gruppenführer Bunge

SA- Gruppenführer and Deputy Secretary of State Köglmaier

As Representative of the Chief Prosecutor of the Reich:

Deputy Reich Attorney Bischoff

The above have acknowledged as just:

That during a time of war, Alexander Schmorell, Kurt Huber, and Wilhelm Graf used leaflets to call for sabotage of armaments and for the overthrow of the National Socialist way of life; they have propagated defeatist thinking and vilified the Führer in a most vulgar manner, thereby aiding and abetting the enemies of the Reich and demoralizing our armed forces.

They are therefore to be punished by death.

They have forfeited their honor as citizens for ever. [Note 1]

Eugen Grimminger gave money to a traitor who aided and abetted the enemy. To be sure, he was not conscious that in so doing, he was aiding and abetting the enemies of the Reich. But he counted on the fact that this person could possibly use the money to rob our people of its National Socialist way of life.

For his support of high treason, he is to be punished by ten years in the penitentiary and loss of honor for ten years.

Heinrich Bollinger and Helmut Bauer had knowledge of treasonous activities and did not report them. In addition, they listened to foreign radio broadcasts regarding events of the war or events within Germany. For this, they are to be punished by seven years in the penitentiary and loss of honor for seven years.

Hans Hirzel and Franz Müller – immature boys seduced by enemies of the State – supported treasonous leaflet propaganda against National Socialism. For this, they are to be punished by five years in prison.

Heinrich Guter had knowledge of propagandistic intentions, but did not report them. He is therefore to be punished by eighteen months in prison.

Gisela Schertling, Katharina Schüddekopf, and Traute Lafrenz are guilty of the same offense. Since they are girls [Note 2], they receive one year in prison.

Susanne Hirzel helped to disseminate treasonous leaflets. She did not know that they were treasonous; but this is only because in her inexcusable naïveté, she did not bother to look into the matter. She is punished with six months in prison.

The People’s Court will advise the prison or penitentiary officials that all the accused who are to be punished with sentences in prison or in the penitentiary shall have time served during the interrogation phase taken into account for the punishment phase.

Falk Harnack to be sure also had knowledge of treasonous activities and did not report them. However, his case is subject to such special circumstances that it is impossible to punish him for this omission. He is therefore acquitted.

The accuracy of the above copy is herewith certified and the enforceability of the judgment is herewith confirmed in writing.

Berlin, April 28, 1943 [Note 3]

/Signature: Thiele/
Senior Judicial Officer
Serving as Court Clerk for the Bureau

To the

Chief Prosecuting Attorney
with
42 certified copies and
42 plain copies.

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Note 1: The original German places the blame for the loss directly on the accused, ie, the courts did not take it from them, they voluntarily gave it up. For the “loss of honor” for subsequent persons, the word is simply “loss”.

Note 2: Conscious insult of adult women who were studying at the university.

Note 3: The copy in Alex’s file was dated April 28, 1943, while most of the copies in the remaining files were dated April 26, 1943. Also, the copy in Alex’s file (RGWA file) does not include the “Reasons” for the verdict, an additional sixteen pages!

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Source: RGWA (47 – 49)