Indefensibles' Defense

As the defense at Nuernberg opened its case last week, the Russian judges, aloof as statues, sat at the far end of the tribunal's bench. In their hard eyes, the fate of the accused was settled. But the 22 defense lawyers would fight hard, even though they had to defend the indefensible.

Many shared with their colleagues of the prosecution a feeling for the trial's grave historic impact. Said Hess's lawyer Dr. Alfred Seidl: "This is as new to me as it is to [Chief U.S. Prosecutor] Jackson. We are all groping in the dark. . . . We are just going to have to go through with this if we are going to prevent a third war." Said another, more intent on the immediate objective of saving 22 Nazi lives: "If Jackson was able to make new laws, the same should hold true for us."

The professional soldiers among the 22 prisoners were ready to maintain that orders are orders in any army. Keitel sniffed enough support for this theory to observe: "I am sure there are lots of sympathizers to my way of thinking. I am told that the Army & Navy Journal [whose contents he studies] tends to agree with me." Said Grossadmiral Doenitz' lawyer: "My client would have a good chance to be acquitted if the judges were Allied naval officers." The other accused were feverishly working on defense arguments ranging from blaming it all on Hitler to proving that once they were kind to a Jew.

It was Hermann Goering's turn first. Luftwaffe Generals Karl Bodenschatz and Erhard Milch took the stand. With eyes on their former chief, who excitedly prompted them from the dock, they claimed that Goering: 1) had worked for peace at Munich and after; 2) had been in disgrace with Hitler after Allied air attacks became too effective; 3) had not known about what was going on in concentration camps; 4) was "at all times benevolent to all needy."

Goering seemed to be enjoying himself hugely. Only once was he rattled--when photographers posed him on the witness stand and asked him to raise his right hand. Shouted he: "I quit doing this several months ago!"

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