COMPLETE SUBTITLES OF 'JUDGMENT AT NUREMBERG'

I didn't know it was so bad.
Couple of incendiaries,
these old buildings go up like cellophane.
There's a wall that separates
the old section of Nuremberg from the new.
Goes back to...
How far does it go back, Schmidt?
- 1219, sir.
This is where the Nazi Party
held their rallies, isn't it?
They all came here.
Hitler. Goebbels. The whole crew.
Thousands of them, from all over Germany.
Does he have to blow that damn horn
so much?
It's not necessary
to blow the horn so much, Schmidt.
You both know your duties?
Well, here we are.
A little bit of old Germany.
Captain Byers, this is Judge Haywood.
Clerk. General guide. Liaison.
Any capacity you wish to use me in.
This will be your staff, sir.
Mr. And Mrs. Halbestadt.
Hello.
Welcome.
You've already met your driver, Schmidt.
I am at your service any time you need me.
Day or night.
Thanks.
Let's show him around
the rest of the place. Dan?
We're in the reception room.
Living room.
Study is in there.
There are two bedrooms on this floor,
three upstairs.
Furniture is part antique, part US Army.
The piano's showing signs of wear and tear,
but it's a genuine Bechstein.
Quite a view, isn't it, sir?
Senator, I really don't need all this.
The United States government
always does it right.
An important Nazi general and his wife, sir.
Let's see. Is there anything else
Judge Haywood ought to know?
Sir, are there any questions?
Yes.
- You're West Point, aren't you, Captain?
- What's your first name?
Harry, look, I'm not West Point.
And all this formality gets me down a little,
not to say puts me ill at ease.
Do you think it would be
too much an infraction of the rules...
if you were to call me Judge,
or Dan, or something?
Okay, Judge.
We shop at the army commissary.
There isn't enough food at the local markets
for the Germans.
The driver knows where it is.
Here's a copy of the indictment of the case.
Thought you might want to look it over.
I hope you'll be comfortable here, sir.
Captain, I think the whole state of Maine
would be comfortable here.
My office is next to yours
at the Palace of Justice...
Senator?
Do you think
I really need the three servants?
It kind of makes me feel like a damn fool.
It helps them out, as well as you.
You see, here they eat.
I need three servants.
It's good to have a man
of your stature here, Dan.
Sure.
I was the only man in America
qualified for this job.
Senator, you know I wasn't the first choice,
nor even the tenth.
Let's face it.
Hitler is gone, Goebbels is gone.
Goering is gone. Committed suicide
before they could hang him.
Now we're down to the business of judging
the doctors, businessmen and judges.
Some people think
they shouldn't be judged at all.
So?
So it makes for a hell of a lack of candidates
for the job.
You had to beat the backwoods of Maine
to come up with a hick like me.
I hope you're not sorry you came.
No. I'm not sorry I came.
I just wanted you to know
that I know where the body is buried.
No, I think the trials should go on.
Especially the trials of the German judges.
I hope I'm up to it.
You're up to it.
Relax.
Thanks.
Enjoy this place while you can.
You're going to be a pretty busy fellow.
Thanks for everything, Senator.
Shall we take these upstairs?
Yes. Thank you.
Here they come.
The tribunal is now in session.
God bless the United States
and this honorable tribunal.
The tribunal will now arraign
the defendants.
The microphone will be placed
in front of the defendant, Emil Hahn.
Emil Hahn?
Are you represented by counsel
before this tribunal?
Not guilty.
The question was, are you represented
by counsel before this tribunal?
I am represented.
How do you plead to the charges
and specifications...
in the indictment against you?
Guilty or not guilty?
Not guilty on all counts.
Friedrich Hoffstetter?
Are you represented by counsel
before this tribunal?
I am represented.
How do you plead? Guilty or not guilty?
You may be seated.
Werner Lammpe?
Are you represented by counsel
before this tribunal?
Counsel?
Yes, of course. I am represented.
How do you plead to the charges?
Guilty or not guilty?
You may be seated.
Ernst Janning?
Are you represented by counsel
before this tribunal?
Are you represented by counsel
before this tribunal?
I represent the defendant, Your Honor.
How do you plead to the charges
and specifications set forth...
in the indictment against you?
Guilty or not guilty?
Your Honor, may I address the court?
The defendant does not recognize
the authority of this tribunal...
and wishes to lodge a formal protest
in lieu of pleading.
A plea of "not guilty" will be entered.
The prosecution
will begin its opening address.
Slow and easy, Junior.
The case is unusual...
in that the defendants
are charged with crimes...
committed in the name of the law.
These men, together with their deceased
or fugitive colleagues...
are the embodiment of what passed
for justice during the Third Reich.
The defendants served as judges
during the period of the Third Reich.
Therefore, you, Your Honors,
as judges on the bench...
will be sitting in judgment...
of judges in the dock.
And this is as it should be.
For only a judge knows
how much more a court is than a courtroom.
It is a process and a spirit.
It is the house of law.
The defendants knew this, too.
They knew courtrooms well.
They sat in their black robes...
and they distorted, they perverted,
they destroyed justice and law in Germany.
Will the prosecution please watch the light?
- I'm sorry, Your Honor.
They distorted, they perverted...
they destroyed justice and law in Germany.
Now, this in itself
is undoubtedly a great crime.
But the prosecution
is not calling the defendants...
to account for violating
constitutional guarantees...
or withholding due process of law.
The prosecution
is calling them to account...
for murder...
brutalities...
torture...
atrocities.
They share with all the leaders
of the Third Reich...
responsibility for the most malignant,
the most calculated...
the most devastating crimes
in the history of all mankind.
And they are perhaps more guilty
than some of the others.
For they had attained maturity
long before Hitler's rise to power.
Their minds weren't warped at an early age
by Nazi teachings.
They embraced the ideologies
of the Third Reich as educated adults...
when they, most of all...
should have valued justice.
Here they'll receive the justice
they denied others.
They'll be judged according to the evidence
presented in this courtroom.
The prosecution asks nothing more.
Herr Rolfe will make the opening statement
for the defense.
May it please the tribunal...
it is not only a great honor...
but also a great challenge...
for an advocate...
to aid this tribunal in its task.
The entire civilized world...
will follow closely what we do here.
For this is not an ordinary trial...
by any means
of the accepted, parochial sense.
The avowed purpose of this tribunal...
Is broader than the visiting of retribution
on a few men.
It is dedicated to the reconsecration...
of the temple of justice.
It is dedicated to finding a code of justice...
the whole world will be responsible to.
How will this code be established?
It will be established...
in a clear...
honest evaluation...
of the responsibility for the crimes
in the indictment stated by the prosecution.
In the words of the great American jurist,
Oliver Wendell Holmes:
"This responsibility will not be found
only in documents...
that no one contests or denies."
"It will be found in considerations
of a political or social nature.
It will be found, most of all..."
in the character of men.
What is the character of Ernst Janning?
Let us examine his life for a moment.
He was born in 1885.
Received the degree
of Doctor of Law in 1907.
Became a judge in East Prussia in 1940.
Following WWI, he became one
of the leaders of the Weimar Republic...
and was one of the framers
of its democratic constitution.
In subsequent years
he achieved international fame...
not only for his work as a great jurist,
but also as the author of legal text books...
which are still used in universities
all over the world.
He became Minister of Justice
in Germany in 1935.
If Ernst Janning is to be found guilty...
certain implications must arise.
A judge does not make the laws.
He carries out the laws of his country.
The statement:
My country, right or wrong...
was expressed by a great American patriot.
It is no less true for a German patriot.
Should Ernst Janning have carried out
the laws of his country?
Or should he have refused to carry them out
and become a traitor?
This is the crux of the issue
at the bottom of this trial.
The defense is as dedicated
to finding responsibility...
as is the prosecution.
For it is not only Ernst Janning
who is on trial here...
it is the German people.
The tribunal will recess
until further notification.
If it's all right with you,
Byers can file these briefs later.
That was quite a damning speech
by Col. Lawson, wasn't it?
I wonder if those men in the dock
can really be responsible...
for the things he listed in the indictment.
I've been here for two years,
and after that long...
you find that responsibility
is not a cut-and-dried thing.
What are you fellows up to
over the weekend?
My wife and I are going to Ligee.
There's nothing in Ligee. I've been there.
My son was in the 101st.
He's buried in the American cemetery
outside Legee.
I'm sorry.
That's all right.
See you Monday, Dan.
Coming my way?
No, I'm going to stay here for a moment.
I'm waiting for some records from Byers.
Right.
Here are the reports you asked for, sir.
Thank you.
Captain, do you think you can get me a copy
of the books Ernst Janning wrote?
- I'd like all of them.
And also a copy of the Weimar constitution.
Thank you.
- Two years? That's a long time.
German friends?
Yes.
A girl?
Yes.
Her parents were Nazis,
but she was eight when they came in.
- I didn't ask you that.
But maybe you were thinking it.
It's natural to think about it.
I thought if anybody was going to
indoctrinate her, it might as well be me.
Will there be anything else?
No, I think I'll just take a walk around town
on my own.
Try the old section.
Everyone stops for beer and sausage there.
Thank you.
- She said, "Goodbye, Grandpa. "
Are they treating you all right?
Yes. They're treating me all right.
We still have some friends...
who have contact
with the American authorities.
I can tell them
if they're not treating you all right.
They're treating me all right.
Dr. Janning...
we are both in an embarrassing position.
I know you didn't want me as your counsel.
I know you didn't want anyone.
But I must tell you something.
Will you listen to me?
Yes.
I intend to represent your case
with complete dignity.
There will be...
no appeal to sentiment,
no falling at the mercy of the court.
The game...
will be played according to their own rules.
We'll see whether they have the courage
to sit in judgment on a man like you.
The way I see it...
the most important elements in the case...
are the sterilization decrees,
and the Feldenstein-Hoffman affair.
Dr. Janning, I must tell you something.
I admired you...
since I was a boy in the university.
It was because I thought
I might be able to achieve...
some of the things you have done...
that saw me through the war.
You have been somebody to look up to,
for all of us.
Is that all, Herr Rolfe?
Yes.
Thank you.
Dr. Wieck, do you know the defendant,
Ernst Janning?
Yes, I know him.
Will you tell us in what capacity?
We served in the Ministry of Justice together
from 1929 till 1935.
Did you know him before that?
Yes.
He was a law student of mine.
Why?
He was always a man of great intelligence.
He was a man born with the qualities
of a great legal mind.
Would you tell us
from your own experience...
the position of the judge in Germany
prior to the advent of Adolf Hitler.
The position of the judge
was one of complete independence.
Now, would you describe
the contrast, if any...
after the coming to power
of National Socialism in 1933?
Judges became subject
to something outside of objective justice.
They became subject to what was necessary
for the protection of the country.
Would you explain this, please?
The first consideration of the judge...
became the punishment of acts
against the state...
rather than objective consideration
of the case.
And what other changes were there?
The right to appeal was eliminated.
The Supreme Court of the Reich
was replaced by...
People's and Special Courts.
The concept of race
was made a legal concept for the first time.
And what was the result of this?
The result?
The result was
to hand over the administration of justice...
into the hands of the dictatorship.
Now, Dr. Wieck...
Col. Lawson, I would like
to ask a few questions.
Did the judiciary protest these laws
abridging their independence?
A few of them did.
Those who did resigned,
or were forced to resign.
Others adapted themselves
to the new situation.
Do you think the judiciary was aware
of the consequences to come?
At first, perhaps not.
Later it became clear to anyone
who had eyes and ears.
Thank you.
Now, would you please describe for us
the changes in criminal law?
It was characterized by...
an ever-increasing inflation
of the death penalty.
Sentences were passed
against defendants...
just because they were Poles, or Jews,
or politically undesirable.
Novel National Socialist measures
were introduced.
Among them...
sexual sterilization for those
who were categorized as asocial.
Did it become necessary for judges...
to wear any distinctive mark
on their robes in 1935?
The so-called Fuehrer's Decree...
required judges to wear the insignia
of the swastika on their robes.
I would have been ashamed to wear it.
Did you resign in 1935?
Yes, sir.
Did Ernst Janning wear a swastika
on his robe?
Yes.
That's all. Thank you.
Herr Rolfe.
You used the phrase, "What was necessary
for the protection of the country. "
Will you explain for the tribunal...
the conditions in Germany at the time
National Socialism came to power?
What conditions?
Would you say
there was widespread hunger?
Yes.
Would you say there was internal disunity?
Yes.
Was there a Communist Party?
Yes.
Was it the third-largest party in Germany?
Yes.
Would you say...
that National Socialism helped to cure
some of these conditions?
Yes, but at a terrible price...
Please confine yourself
to answering the questions only.
Therefore, was it not possible
that a judge might wear a swastika...
and yet work for what he thought was best
for his country?
No. It was not possible.
You were not in the administration...
from the years 1935 to 1943...
by your own admission.
Is it not possible
that your view of the administration...
might be distorted?
No. It is not.
How can you testify about
what was going on in the administration...
if you were not there?
I had many friends
in the legal administration.
There were journals and books.
From journals and books?
I see.
You referred to:
"Novel National Socialist
measures introduced...
among them sexual sterilization. """
Are you aware that sexual sterilization
was not invented by National Socialism...
but had been advanced for years before
as a weapon...
in dealing with the mentally incompetent
and the criminal?
Yes. I am aware of that.
Are you aware that it has advocates
among leading citizens in other countries?
I am not an expert on such laws.
Then permit me to read one to you.
This is a High Court opinion...
upholding such laws in existence
in another country.
And I quote:
"We have seen more than once
that the public welfare...
may call upon the best citizens"
for their lives.
"It would be strange indeed,
if it could not call upon those...
who already sapped the strength"
of the state for these lesser sacrifices...
"in order to prevent our being swamped
by incompetence.
It is better for all the world..."
"if, instead of waiting to execute
degenerate offsprings for crime...
or to let them starve for their imbecility,"
society can prevent their propagation...
"by medical means in the first place.
Three generations of imbeciles"
are enough. "
Do you recognize it now, Dr. Wieck?
No, sir, I don't.
Actually, there is no particular reason
you should...
since the opinion upholds
the sterilization law...
in the State of Virginia,
of the United States...
and was written and delivered
by that great American jurist...
Supreme Court Justice,
Oliver Wendell Holmes.
Now, Dr. Wieck.
In view of what you have just learned...
can you still say that sexual sterilization
was a novel National Socialist measure?
Yes, I can say it.
Because it was never before used
as a weapon against political opponents.
Do you personally know of a case...
where someone was sterilized
for political reasons?
I know that such things were done.
That's not the question.
Please answer the question.
Do you know of a case?
I don't know of any specific case,
or specific date...
I am asking you if you have any firsthand,
personal knowledge of such a case!
No, I have no such personal knowledge.
Thank you.
You are aware of the charges
in the indictment against Ernst Janning?
Yes, I am.
Can you honestly say
he is responsible for them?
Yes, I can.
Do you consider yourself
free of responsibility?
Yes, I do.
Did you ever swear
to the Civil Servant Loyalty Oath of 1934?
Your Honor, I object.
The witness doesn't have to answer
that question.
He's not on trial.
All Germany is on trial, Your Honor.
This tribunal placed it on trial
when it placed Ernst Janning on trial.
If responsibility is to be found,
the widest latitude is to be permitted.
Objection overruled.
Did you ever swear
to the Civil Servant Loyalty Oath of 1934?
Everyone did.
We are not interested in what everyone did.
We are interested in what you did.
Would you read the oath
from the Reich Law Gazette, March, 1933?
"I swear that I shall be obedient...
to the leader of the German Reich"
and people, Adolf Hitler.
"That I shall be loyal to him,
that I will observe the laws...
and that I will conscientiously"
fulfill my duties...
so help me God.
Everyone swore to it.
It was mandatory.
Yes.
But you're such a perceptive man, Dr. Wieck.
You could see what was coming.
You could see that National Socialism
was leading Germany to disaster.
"It was clear to anyone
who had eyes and ears. "
Didn't you realize...
what it would have meant if you,
and men like you...
would have refused to swear to the oath?
It would have meant that Hitler
could never have come to absolute power.
Why didn't you?
Why didn't you?
Can you give us an explanation?
Has it something to do with your pension?
Did your pension mean more to you
than your country?
Your Honor!
I object to the entire line of questioning,
and ask that it be stricken from the record.
I thought prosecuting counsel
was dedicated to finding responsibility.
Your Honor, I made an objection.
Prosecution is not interested
in finding responsibility?
There is responsibility for more here
than swearing to a loyalty oath...
One thing that even the German machine,
with its monumental efficiency...
has been unable to destroy...
Order.
All the victims.
More victims than the world has ever known.
- Order!
This tribunal will admonish both counsel.
It will tolerate nothing of this kind again.
We're not here to listen to outbursts
of this kind, but to serve justice.
Your Honor, I made an objection.
The objection is overruled.
The witness is excused.
Did you ever read any books by Janning?
No, I don't think so.
- The Meaning of the Law.
All the books by Janning are interesting.
They're more than that.
They're a picture of an era,
its hopes, its aspirations.
They weren't very different from ours, really.
Listen to this, on the signing
of the Weimar constitution:
"Now we can look forward to a Germany
without guns and bloodshed...
a Germany of justice,"
where men can live instead of die...
"a Germany of purpose,
of freedom, of humanity...
a Germany that calls for the best in man. """
Now, how could a man
who wrote words like these...
be part of sterilizations and murders?
How could he be?
There are a lot of things that happened here
that nobody understands.
I know.
But the prosecution will have to prove...
every inch of its allegation...
against a man like Janning
if I'm to pronounce sentence on him.
Gentlemen, I'm on my way. Coming, Ken?
Right.
There's just this business
on the curtailment of rights.
Tomorrow.
Dan, my wife is planning a little get-together
tomorrow night at the Grand Hotel.
She wants you to come.
I thank you.
And she'd like to provide you
with some kind of female companionship.
She has a feeling
that you might be lonely here.
No, thanks, Curtiss. Thanks very much.
You know how these wives are.
They love to play Cupid.
I think I'll keep it stag.
All right. How about you, Ken?
Thanks. My wife and I
have an engagement. Good night.
Mrs. Halbestadt, could I...
Hello.
Hello.
Your Honor, this is Madame Bertholt.
This is His Honor, Judge Haywood.
Madame Bertholt, this is her house.
She came to get some of her belongings
from the basement.
I didn't know she was coming.
This is my responsibility, Mrs. Halbestadt.
I've been storing some of my things here...
until I could get a room large enough
to keep them in.
I hope you don't mind.
No. Not at all.
You can examine what I have here,
if you like.
Of course not.
Then I'll just take these out.
I'll take these outside. Please.
Good night.
It's heavy. It's full of books and pictures...
things that mean nothing to anyone but me.
Would you drive
Mrs. Bertholt home, please?
Yes, Your Honor.
- I hope you're comfortable here.
My favorite spot was always the garden.
Remind Mr. Halbestadt
to take good care of the rock garden.
You'll get a great deal of pleasure out of it
in summer.
I'll sit in front, thank you.
- Karolinenstrasse 115, please.
Sit down.
You worked for Mrs. Bertholt, didn't you?
Yes, Your Honor.
How long did she live here?
Madame Bertholt?
Madame Bertholt and her family have lived
here for many generations, Your Honor.
Thank you.
Your Honor, you came in here
for something?
I was just going to make myself a sandwich.
- No. It's nothing.
I always used to do it for myself back home.
What would you like? I have some ham
and cheese and liverwurst.
Cheese will be fine.
That's very kind of you.
What was it like,
living under National Socialism?
What was it like?
Yes. I mean, day to day?
You know, I know many people at home
like you.
You're good people. I believe that.
What was it like for you, living under Hitler?
We were not political.
Mr. Halbestadt and I are not political.
No, but...
you must have been aware of some
of the events that were going on.
Many things were going on.
There were parades.
Hitler and Goebbels came here every year.
What was it like?
We never attended meetings. Never.
I'm not trying to put you on trial.
I'm just curious. I'd like to know.
- Here's your sandwich, Your Honor.
You're welcome.
Thank you.
For instance,
there was a place called Dachau...
which was not too many miles from here.
Did you ever know
what was going on there?
We knew nothing about it.
How can you ask
if we knew anything about that?
I'm sorry.
Your Honor, we are only little people.
We lost a son in the army...
and our daughter in the bombing.
During the war we almost starved.
It was terrible for us.
I'm sure it was.
Hitler did some good things.
I won't say he didn't do some good things.
He built the Autobahn.
He gave more people work.
We won't say
he didn't do some good things.
But the other things...
the things they say he did to the Jews
and the rest...
we knew nothing about that.
Very few Germans did.
And if we did know...
what could we do?
But Mrs. Halbestadt said you didn't know.
Mrs. Bertholt. How did she react to all this?
Madame Bertholt is a very fine woman,
Your Honor.
I'm sure she is. What about her husband?
He was in the army.
What happened to him?
He was one of the defendants
in the Malmedy Case.
General Bertholt. Karl Bertholt.
He was executed, Your Honor.
Yes, I know that.
The document then states that
the photographer, Rudolf Lenz...
is requested to present himself
within two weeks...
at one the hospitals mentioned below...
for medical treatment.
Next, prosecution presents
affidavit document no. 488...
which concerns the seamstress,
Anni Meunch.
Document reads as follows:
"District Court, Frankfurt am Main,
has decided the following:
The seamstress, Anni Meunch,"
daughter of Wilhelm Meunch...
"is to be sterilized.
She is therefore requested"
to present herself within two weeks...
"at one of the hospitals mentioned below.
If she does not take herself voluntarily..."
she will be taken by force.
Next, document no. 449...
interrogatories in the German
and English text...
concerning the farmer's helper,
Meyer Eichinger.
Your Honor...
defense objects to introduction
of these repetitive documents.
According to the ruling
of the first tribunal...
such documents are not even admissible...
unless supported by independent evidence
of their authenticity.
Objection sustained.
Your Honor,
may I ask the defense a question?
Yes.
Would evidence on sterilization
be admissible if there were a witness?
Prosecution calls the witness,
Rudolph Petersen.
Will you raise your right hand?
I swear by God,
the Almighty and Omniscient...
that I will speak the pure truth
and withhold and add nothing.
I do.
Will you please tell the court your full name
and place of residence?
Rudolph Petersen.
Frankfurt am Main, Gratweg Nummer 7.
When were you born, Mr. Petersen?
May 20, 1914.
And what is your occupation?
I'm a baker's helper.
Are your parents living?
No.
What were the causes of their deaths?
Mr. Petersen, did they die of natural causes?
Yeah, natural.
What political party
did your father belong to?
The Communist Party.
Now think back.
Do you remember anything unusual...
that happened to you and your family
in 1933...
before the Nazis came to power?
I mean, anything of a violent nature.
Yeah.
How old were you at the time?
Nineteen.
Would you please tell the court
what happened?
Some SA men broke into our house...
and they broke the windows and the door...
and they called us traitors...
and they tried to beat up my father.
What happened then?
My brothers and I, we went to help him.
And there was a fight...
and finally we got them outside
in the street...
and we beat them up...
and turned them over to the police.
Did the police do anything about it?
It was then...
at the time of the national elections.
You mean the time the National Socialists
came to power?
Yeah.
What happened after 1933...
after the Nazis came to power?
I got a job on a farm...
but for the work,
to drive a truck was necessary.
I went to the city building
to apply for a license.
And what happened there?
They took me to an official.
Did you ever have any dealings
with this official before?
He was one of the men...
who broke into our house that night.
What did he say to your application?
He said an examination
there would have to be.
Where was the examination to take place?
In the district court of Stuttgart.
Who was the presiding justice in the court?
Justice Hoffstetter.
What happened in the courtroom?
They asked me my full name...
and so forth.
What else did they ask you?
They asked me when Adolf Hitler
and Dr. Goebbels were born.
What did you reply?
I told them I didn't know,
and also that I didn't care.
Did they ask you any more questions?
No. They told me that
I would be hearing from them in ten days.
I see. Now, Mr. Petersen...
I'd like you to look at something.
Do you recognize it?
Yeah.
Would you please read it for the tribunal?
"District Court of Stuttgart.
The baker, Rudolph Petersen,"
born May 20, 1914...
"son of railway employee, Hans Petersen...
is to be sterilized. """
Now would you read the last paragraph?
"It is therefore requested...
he present himself within two weeks..."
"to one of the hospitals mentioned below.
If he does not..."
"betake himself voluntarily...
he will be taken by force. """
Please read the signature at the bottom.
Presiding Justice Hoffstetter.
Would you read
what is written below the signature?
"By authority of...
Ernst Janning..."
Minister of Justice.
Your Honor...
may the defense see the file
of Mr. Petersen?
What did you do
after you received the letter, Mr. Petersen?
I ran away.
I stayed at the farm of a friend I have.
And did you return?
Yes.
And what happened then?
The police came.
Where did they take you?
To the hospital.
Mr. Petersen, excuse me.
I wonder if you could speak
a little louder, please.
To the hospital.
And what happened at the hospital?
They kept me there.
The nurse who was...
Well, she came in, anyway.
She was to prepare me for the operation.
And she said
she thought the whole thing was terrible.
Then the doctor came in
who was supposed to do the...
And he said he thought it was awful.
Were you, in fact, sterilized?
Thank you very much, Mr. Petersen.
That's all.
Herr Rolfe?
Mr. Petersen...
you may take your earphones off now,
if you want to.
You say you work as a baker's helper?
Is that correct?
Yes, that is right.
What other occupations have you held?
I have worked for my father.
What did your father do?
He was a railroad worker.
Yes, but what did he do?
He would raise and lower the barrier...
at the crossing, for traffic.
And you spoke about your brothers.
How many brothers do you have?
Five.
And sisters?
Four.
What occupations do your brothers have?
Laborers.
All laborers? I see.
You said the court at Stuttgart
asked you two questions:
The birth dates of Hitler and Dr. Goebbels.
Is that correct?
Yes, correct.
What else did they ask you?
Nothing else.
Are you sure?
Are you sure there were no questions
about your schooling?
Objection!
The witness
has already answered that question.
Objection sustained.
May I ask you...
how long did you attend school?
Six years.
Six years? Why not longer?
I had to go to work.
Would you consider yourself
a very bright fellow at school?
School?
It was a long while ago. I don't...
Perhaps you were not able to keep up
with the others...
and that's why you did not continue?
Objection, Your Honor.
The witness' school record has nothing
to do with what happened to him.
It was the task of the Health Court
to sterilize the mentally incompetent.
Objection overruled.
Were you able, or were you not able...
to keep up with the others?
I would like to refer to the efficiency report
made at the school about Mr. Petersen.
He failed to be promoted, and
was placed in a class of backward children.
You say your parents died of natural causes.
Yes.
Would you describe in detail
the illness your mother died of?
She died of her heart.
In the last stages of her illness,
did your mother...
show any mental peculiarities?
No.
In the decision that came down
from Stuttgart...
it is stated that your mother suffered
from hereditary feeble-mindedness.
That is not true!
Can you give us some clarification...
as to how the Hereditary Health Court
in Stuttgart arrived at that decision?
It was just something they said
to put me on the operating table.
Mr. Petersen, there was a simple test...
that the Health Court used to ask
in all cases of mental incompetence.
Since you say they did not ask you then...
perhaps you can answer it for us now.
Form a sentence out of the words
Hare, "Hunter," "Field. "
Your Honor, objection.
Was the court in Stuttgart
constituted like this one?
I don't understand what...
Was there an audience?
An audience? Yes.
Thank you.
Objection overruled.
Hare, "Hunter," "Field. "
Take your time.
They had already made up...
When I walked into the court,
they had made up their minds.
They put me in the hospital, like a criminal.
I could not say anything.
I could not do anything.
I had to lay there.
My mother...
what you say about her...
She was a woman,
a servant woman who worked hard.
She was a hardworking woman...
and it is not fair what you say.
Here.
I want to show you. I have here her picture.
I would like you to look at it.
I would like you to judge.
I want that you tell me...
was she feeble-minded?
My mother!
Was she feeble-minded?
Was she?
I feel it is my duty
to point out to the tribunal...
that the witness is not in control
of his mental processes.
I know I am not. Since that day.
I've been half I've ever been.
The tribunal does not know
how you were before.
It can never know.
It has only your word.
Court is adjourned.
That's one problem we have
with the prosecution.
It's filled with young radicals like Lawson.
Is that what Lawson is? A young radical?
He was a personal prot間?of FDR.
FDR had a few friends who weren't radicals,
didn't he?
Name one.
Wendell Wilkie.
Is he your idea of a conservative?
As a matter of fact, Dan,
I've been wondering how you stand.
I'll clarify that for you, Curtiss.
I'm a rock-ribbed Republican...
who thought that Franklin Roosevelt
was a great man.
One of those?
Max!
- No, I don't think so.
He's with the United Press.
Max, what are you doing here?
I thought you might kick up a row
or something.
I haven't had that much to drink.
- I'm sorry, this is Judge Ives.
Won't you join us for a drink?
We would like to very much.
Incidentally, Max, I admired your article
on Mrs. Bertholt very much.
It was straight reporting.
Her defense of her husband
was quite eloquent.
Are you going to do a story on these trials?
I'll tell you something frankly, Judge.
At the moment, I couldn't give a story away
on the Nuremberg Trials.
What do you mean, Mr. Perkins?
The American public
just isn't interested anymore.
But the war's only been over
two years, Mr. Perkins.
That's right.
How about some more beer, Dan?
No. I think I've had my fill of beer.
I'd like to try something else, if I may.
Why don't you try some Sonnenberg,
or Schwalbenwinkel? It's the local wine.
Yes, I think I'd like that.
Some Schweissenwinkel.
- Yes, thank you. I'll have the same.
Thank you.
I don't know what I would have done
without the car.
You speak English very well, Mrs. Bertholt.
Thank you. My husband and I
spent three years in America.
I hope you had a chance
to see something of Nuremberg.
I'm afraid mainly the road between my house
and the Palace of Justice.
And then some places that have to do
with the case, the historical aspects.
The Nazi aspects.
You should see some of the other parts
of Nuremberg.
There are many beautiful things to see
in the old part of town.
Museums we're trying to rebuild.
And there's a concert, a piano concert
next week at the old opera house.
Arthur Reiss. He was a refugee from Hitler
in the early days.
We've persuaded him to come back.
It ought to be quite an evening.
Would you like to come?
Yes, I would.
I'll tell them to leave a ticket for you
at the box office. I'm on the committee.
- It's nothing.
You see, I have a mission with
the Americans, as Mr. Perkins can tell you.
What is that?
To convince you that we're not all monsters.
Colonel. Maj. Radnitz.
Good evening, Mrs. Bertholt.
I hope you'll excuse me.
But you've just come...
No, I must go. Please excuse me.
It was awfully nice meeting you.
If you want to hear the concert,
there'll be a ticket for you at the box office.
Mrs. Bertholt doesn't hold
a burning passion for me.
I prosecuted her husband.
There are many people
who think a death sentence...
would not have been passed
against Gen. Bertholt today.
I'm sure there are.
I'm sure there are people who think...
all the prisoners in Nuremberg
should be free today.
All of them. Let...
Excuse me.
I've had one or two too many...
as might be painfully obvious
to you gentlemen.
The spectacle this afternoon with
Mr. Petersen put me off my feed. I'm sorry.
Three beers and Schwalbenwinkel, please.
Schwalbenwinkel.
It's good beer.
They make it good in this country.
You know, there's one thing
about Americans.
We're not cut out to be occupiers.
We're new at it. We're not very good at it.
We come over here, and what do we see?
We see this beautiful country.
It is beautiful. It's very beautiful.
We see the culture that goes back
for hundreds of years.
We see its gem黷lich charm...
and the charm of people like Mrs. Bertholt.
We've got a built-in inferiority complex.
We forgive and forget easy.
We give the other guy
the benefit of the doubt.
That's the American way.
We beat the greatest war machine
since Alexander the Great.
And now the boy scouts take over.
The trouble with you, Colonel,
is you'd like to indict the whole country.
That might be emotionally satisfying
to you...
but it wouldn't be exactly practical,
and hardly fair.
Hardly fair?
Hare.
Hunter.
Field.
That's right, let's be fair.
"The hare was shot by the hunter
in the field. "
It's really quite simple.
Colonel, I think we ought to be going.
Yes, we really shouldn't be discussing this.
No, Judge.
We're fair Americans, and true-blue.
We mustn't do anything that's out of order.
No, sir. We can't do anything
that's out of order.
There are no Nazis in Germany.
Didn't you know that, Judge?
The Eskimos invaded Germany
and took over.
That's how
all those terrible things happened.
It wasn't the fault of the Germans.
It was the fault of those damn Eskimos.
Excuse me.
Can I have your attention, please?
I'm sorry to interrupt your dancing.
The following officers
are requested to report to their units.
Maj. McCarthy, Maj. Citron,
Maj. Cantor, Capt. Byers...
Capt. Connell, Capt. Douglas, Capt. Wolfe...
Maj. Booth, and Maj. Rice.
Thank you. You can continue dancing.
Harry, what is it?
The Russians have made their move
in Czechoslovakia.
It's rumored Masaryk committed suicide.
We're sending units up.
What do you think's going to happen?
I don't know.
Judge Haywood...
Elsa Scheffler.
"President Truman responded to the crisis...
by calling for an extension"
of military training.
"He stated that he is deeply concerned
with the survival of the Western nations...
in face of the threat from the East. """
Threat from the East.
Herr Janning, did you hear this?
Did you hear what's in the paper?
Exactly what Hitler said.
"The clash for survival
between East and West. "
He knew!
They'll see that we knew exactly
what we were doing all the time.
They cannot call us criminals,
and at the same time ask us to help them.
We must stand together now.
The most crucial part of this case
is coming up.
We have fallen on happy times, Herr Hahn.
In old times it would have made your day
if I'd deigned to say good morning to you.
Now that we are here
in this place together...
you feel obliged to tell me
what to do with my life.
Herr Janning, you must stand with us.
It is not good for Germans
to turn on one another.
We have a common ground now.
Listen to me, Herr Hahn.
There have been terrible things
that have happened to me in my life.
But the worst thing
that has ever happened...
is to find myself
in the company of men like you.
I have nothing in common with you
and Party hacks like you.
You have something in common.
You were part of that same regime.
You stood by that regime,
the same as the rest of us.
And there's something else
you have in common.
You are a German.
Good evening. Did you like it?
Yes, I did. Very much indeed.
Can I drop you?
I only live a few blocks from here.
I was going to walk.
Would you like to go for a walk?
Yes, I would.
I won't need the car now.
I'll walk with Mrs. Bertholt.
- That won't be necessary.
I'll wait for you, Your Honor.
The German people love to sing,
no matter what the situation.
I've noticed that.
Do American people sing in bars, too?
I have forgotten.
No. We're apt to be pretty sullen in bars.
I wish you understood German.
The words are very beautiful.
Very sad.
Much sadder than the English words.
The German soldier knows
he's going to lose his girl...
and his life.
The lantern burns every night.
It knows the steps...
and the way you walk.
It burns every night,
but I've been long forgotten.
Should harm come to me...
who will stand with you...
under the lantern?
With you, Lili Marleen.
What is your life like in America?
Do you have a family?
Yes, I have a daughter,
and she has four children.
Four? You must be very proud of them.
Yes, I am. I admit it.
- And where's your wife?
- No, I don't.
What is your position in America?
It must be important.
No, it isn't, really. I'm a District Court Judge.
I haven't even been that for the last year.
Are you retired?
Forcibly, by the electorate.
You elect judges in the United States?
- I didn't know that.
It's either one of the virtues
or one of the defects of our judicial system.
I thought it was one of the virtues
until last year, when I was defeated.
I'm sure it was the fault
of the electorate, not yours.
Seems to be some difference of opinion
about that.
This is where I live.
- Yes. It's not so bad inside.
Would you like to come up?
I could make some coffee.
Yes, thank you.
Things haven't been very easy for you,
have they?
I'm not used to them being easy.
I'm not fragile, Judge Haywood.
I'm a daughter of the military.
You know what that means, don't you?
No, I'm afraid I don't.
It means I was taught discipline.
A very special kind of discipline.
For instance, when I was a child...
we used to go for long rides
into the country in summertime.
But I was never allowed to run
to the lemonade stand with the others.
I was told, "Control your thirst.
"Control hunger.
Control emotion. """
It has served me well.
And your husband?
Was he of that heritage, too?
My husband was a soldier.
He was brought up to do one thing:
To fight in the battle, and fight well.
It's ersatz, but I always try to make it strong.
It's fine.
I'm curious.
What do you think of Ernst Janning?
I really am not at liberty to discuss the case
outside of the courtroom.
Yes, of course.
I knew Ernst Janning a little.
We used to attend the same concerts.
I remember there was a reception given
for Wagner's daughter-in-law.
Hitler was there.
Ernst Janning was there with his wife.
She was very beautiful...
very small, very delicate.
She's dead now.
Hitler was quite taken with her.
He made advances towards her
during the reception.
He used to do things like that
in a burst of emotion.
I will never forget
the way Ernst Janning cut him down.
I don't think anybody ever did it
to him quite that way.
He said, "Chancellor...
"I do not object so much
that you are so ill-mannered.
I do not object to that so much."
I object that you are such a bourgeois.
Hitler whitened, stared at Janning,
and walked out.
Men like Janning...
my husband and I...
we hated Hitler. I want you to know that.
And he hated us.
He hated my husband
because he was a real war hero...
and the little corporal couldn't tolerate that.
And he hated him
because he married into nobility...
which was my family.
Hitler was in awe of the nobility,
but he hated it.
That's why it's so ironic, what happened.
You know what happened to my husband,
don't you?
Yes.
What did he know of the crimes
they cited him for?
He was placed on trial
with the other military leaders.
It was part of their revenge.
The victors always take on the vanquished.
It was political murder.
You can see that, can't you?
Mrs. Bertholt, I don't know what I see.
I probably shouldn't be here
talking with you about this at all.
But I want to understand.
I do want to understand.
I have to.
Would you like some more coffee?
Yes, thank you.
Hi.
We found Irene Hoffman.
Berlin, eh?
She got married. Her name is Wallner now.
That's why we had difficulty locating her.
- She's not coming.
What do you mean, she's not coming?
She doesn't want to come.
You know what it's like.
None of them want to testify anymore.
If I catch the midnight...
I could make it to Berlin,
and be back by tomorrow afternoon.
- Tad, you haven't had any sleep...
- It'll be worth it if I can get Hoffman.
Take over for me in court
in the morning, will you?
Colonel, please!
I told you before, when you first came in.
I say it again now.
We are through with all this.
She does not have to go,
you have no right to order her to go.
Mr. Wallner, I'm not ordering her to go.
I have no authority to order her to go.
Do you think we get a medal
for appearing at these trials?
The people do not like them.
They do not believe that Germans
should testify against other Germans.
I haven't been prosecuting these cases
for the past two years without knowing that.
It is easy for you to say go.
After the trial you will go back to America,
but we must stay and live with these people.
Don't you think I realize what I'm asking?
Then how can you come in like the Gestapo,
in the middle of the night...
Because they must not be allowed
to get away with what they did.
You really think they won't get away with it
in the end?
I say the hell with them,
and the hell with you.
Hugo.
Emil Hahn will be there?
Yes. In the dock.
Ernst Janning?
Yes.
You saw the store downstairs.
It's not much...
but it's a new start for us.
They will come if I go to Nuremberg.
They will come...
and break the windows of the store.
I'll place a guard in front of the store,
24 hours a day.
You do not have to go.
He has no right to ask you to go.
You do have to go.
You have to go, for all those people
who can't get up on the stand themselves.
- You do not owe it to anybody!
- Yes, you do!
You owe it to one person, at least.
In the night...
every night...
we've known somehow
it would come to this.
Dr. Geuter, do you recognize that headline?
Yes, sir.
Would you read it to the tribunal?
Death to the race defiler.
In what newspaper did it appear?
In Julius Streicher's Der St黵mer.
What was it in connection with?
The Feldenstein case.
What was the Feldenstein case?
Your Honor...
defense objects
to the introduction of the Feldenstein case.
It is a notorious case,
perhaps the most notorious of the period.
It has overtones, and appeals to emotion...
that would perhaps be best not raised.
There are no issues or overtones
that may not be raised in this courtroom.
The tribunal is interested in everything
that is relevant.
Objection is overruled.
It's all right. I'll take it.
May it please the tribunal?
Now.
What was the Feldenstein case?
The case of a man
accused of racial pollution.
Will you explain what is meant
by "racial pollution"?
This is the charge
that is referred to in the Nuremberg Laws.
It says that any non-Aryan
having sexual relations with an Aryan...
may be punished by death.
When did you first become acquainted
with the Feldenstein case?
In September 1935,
I was contacted by the police.
They said that Mr. Feldenstein
was being held...
and that he requested
that I serve as his counselor.
What position did he hold
in the community?
He was a very well-known merchant.
He was one of the heads
of the Jewish congregation in Nuremberg.
What was the nature of the charge
against him?
He was accused
of having intimate relations...
with a 16-year-old girl, Irene Hoffman.
I see.
And what did he say to you about the case?
He said it was false.
He said he knew the girl and her family
a long time.
He'd gone to visit her since they died.
But there had never been anything
of the kind charged between them.
Doctor, would you please tell the tribunal
what happened then?
He was indicted before
the special court at Nuremberg.
And where was this special court?
It was right here, this building.
This very courtroom.
What were the circumstances
surrounding the trial?
It was used as a show place
for National Socialism.
It was the time
of the September celebrations...
the Nuremberg rallies.
The courtroom was crowded.
Back there, people were standing up.
Julius Streicher was sitting
in one of the front seats.
And high officials of the Nazi Party
were all over.
Would you please tell us...
what were your expectations for the trial
in this climate?
I expected the worst...
when I saw...
that Emil Hahn was the public prosecutor.
He was a fanatic.
His trials were always marked
by extreme brutality.
But I had one hope for the outcome...
because sitting on the judge's bench...
was Ernst Janning.
His reputation
was known throughout Germany.
He was known
to have dedicated his life to justice.
To the concept of justice.
Thank you. That's all.
Any questions?
Thank you. No questions.
The witness is excused.
The prosecution calls to the stand...
Irene Hoffman Wallner.
Will you raise your right hand?
I swear by God,
the Almighty and Omniscient...
that I will speak the pure truth,
and will withhold and add nothing.
I do.
Will you please state your name
to the tribunal?
Irene Hoffman Wallner.
Mrs. Wallner...
did you know Lehman Feldenstein?
Yes.
When did you first meet him?
It was 1925 or 1926.
I am not sure exactly.
How old was he at this time?
He was in his 50s.
And how old was he
at the time of his arrest?
He was 65.
I see.
What was the nature of your relationship?
We were friends.
Did you continue to see him
after your parents died?
We were friends.
He owned the building that I lived in.
His business took him there quite often.
What did you say to the police
when they questioned you...
about having intimate relations with him?
I told them it was a lie.
Could you tell me
who the public prosecutor was?
Emil Hahn.
Did Emil Hahn question you?
Yes.
What did he say to you?
He took me into a separate room,
where we were alone.
He told me that it was no use...
to repeat my story...
because no one would believe me.
There had been a race defilement...
and the only pardon for this was...
to kill the violator.
He told me that if I protected...
Mr. Feldenstein...
that I would be held under arrest for perjury.
What did you reply to him?
I told him what I had said again and again.
I told him that I could not say anything else.
I could not lie about someone
who had been so kind to me.
Were you held under arrest?
Yes.
Mrs. Wallner, tell us...
what was the...
the manner in which Emil Hahn
conducted the prosecution?
He made a mockery...
of everything Mr. Feldenstein tried to say
in his own defense.
He held him up to ridicule
whenever possible.
What was the reaction of the audience?
They laughed.
Again and again.
How long did the trial last?
Two days.
Was the verdict passed
at the end of the second day?
Yes.
What was the verdict?
Guilty.
And what was the sentence?
Mr. Feldenstein was sentenced...
to be executed.
I was sentenced to be imprisoned
for two years, for perjury.
Who was the presiding judge?
Ernst Janning.
Were the sentences carried out?
Thank you very much, Mrs. Wallner.
That's all.
Any questions?
Your Honor, I would like to request
that the witness...
be kept available.
We will present further evidence
on the Feldenstein matter...
when it comes time for the defense
to present its case.
The witness will please hold herself
so available.
You may go. You're excused now.
Col. Lawson?
Your Honors...
I offer in evidence a decree
signed by Adolf Hitler...
directing all persons accused...
or suspected of disloyalty
or resistance of any sort...
might be arrested secretly...
with no notice to friends or relatives,
without any trial whatsoever...
and put into concentration camps.
I also offer a group of orders
issued under that decree...
each one signed by one of the defendants...
by which hundreds of persons were arrested
and placed in concentration camps.
Signed by Friedrich Hoffstetter...
Werner Lammpe...
Emil Hahn...
Ernst Janning.
Your Honors...
the defendants on trial here today...
did not personally administer
the concentration camps.
They never had to beat victims...
or pull the lever that released gas
into the chambers.
But as the documents we've introduced
into this case have shown...
these defendants fashioned
and executed laws...
and rendered judgments...
which sent millions of victims to their...
destinations.
Maj. Radnitz?
Your Honors, I would like to request that
Col. Lawson be sworn in as a witness.
Will you raise your right hand?
I swear by God,
the Almighty and Omniscient...
that I will speak the pure truth
and withhold and add nothing.
I do.
Were you active in the United States Army
in 1945 at the close of the war?
Yes, I was.
Were you in command of troops
liberating concentration camps?
I was.
Were you in Dachau and Belsen?
Yes.
Were you present when the films
we are about to see were taken?
Yes, I was.
Okay.
The map shows the number of
and location of concentration camps...
under the Third Reich.
The Buchenwald concentration camp
was founded...
in 1933.
Its inmates numbered about 80,000.
There was a motto at Buchenwald:
"Break the body...
break the spirit..."
break the heart.
The ovens at Buchenwald.
Evidence of last-minute efforts
to dispose of bodies.
The stoves were manufactured
by a well-known company...
which also specialized in baking ovens.
The name of the firm is clearly inscribed.
An exhibit of byproducts of Buchenwald...
displayed for the local townspeople
by an Allied officer.
Brushes of every description.
Shoes, adults and children.
Spectacles.
Gold from teeth melted down...
sent once a month
to the Medical Department of the...
Waffen-SS.
A lampshade made from human skin.
Skin being used for paintings...
many having an obscene nature.
The heads of two Polish laborers...
shrunken to one-fifth their normal size.
A human pelvis used as an ashtray.
Children who'd been tattooed to mark them
for eventual extermination.
Sometimes mercy was shown
to the children.
They were injected with morphia...
so they'd be unconscious when hanged.
One of the doctors described how they'd
then place ropes around their necks...
and in the doctor's own words:
"Like pictures...
they were then hanged"
by hooks on the walls. "
The bodies of those
who had come in boxcars...
without food and without air...
who hadn't survived the journey to Dachau.
Hundreds of inmates were used
as human guinea pigs...
for atrocious medical experiments.
A witness at one of the executions
at Dachau gave the following description:
"Inmates were made to leave
their clothing on a rack.
They were told they were going"
to take baths.
"Then the doors were locked.
Tins of Zyklon B..."
"were released through
the specially constructed apertures.
You could hear the groaning"
and the whimpering inside.
"After two or three minutes...
all was quiet. """
Death transports that had arrived
included 90,000 from Slovakia...
65,000 from Greece...
11,000 from France...
90,000 from Holland...
400,000 from Hungary...
250,000 from Poland and Upper Silesia...
and 100,000 from Germany.
And this is what was filmed when...
British troops liberated
Belsen concentration camp.
For sanitary reasons...
a British bulldozer had to bury the bodies
as quickly as possible.
Who were the bodies?
Members of every occupied country
of Europe.
Two-thirds of the Jews of Europe...
exterminated.
More than six million...
according to reports
from the Nazis' own figures.
But the real figure...
no one knows.
How dare they show us those films?
How dare they?
We are not executioners. We are judges.
You do not think it was like that, do you?
There were executions, yes.
But nothing like that. Nothing at all.
Pohl!
You ran those concentration camps.
You and Eichmann.
They say we killed millions of people.
Millions of people.
How could it be possible?
Tell them. How could it be possible?
It's possible.
How?
You mean, technically?
It all depends on your facilities.
Say you have two chambers
that accommodate 2,000 people apiece.
Figure it out.
It's possible to get rid of 10,000
in a half-hour.
You don't even need guards to do it.
You can tell them
they are going to take a shower...
and then instead of the water,
you turn on the gas.
It's not the killing that is the problem.
It's disposing of the bodies.
That's the problem.
- I'm sorry I'm late.
- That's all right.
I was doing some work
for the rebuilding committee.
And I brought you some folders,
so we can decide what you should see next.
There's the Albrecht D黵er house,
and the museum.
When do you think you could make it?
Anytime.
Would you like to order now?
What would you like?
Can I help you with the menu?
No. I don't think I'll have anything.
Thank you.
A glass of Moselle for me, please.
The same.
What's the matter?
No