The High Court against Untersturmführer SS SS Max Toybnera. 05/24/1943.
The verdict of
the Supreme Court of the SS and the Police in the case Untersturmführer
[Lieutenant] SS Max Toybnera (Taeubner or Taubner) on May 24, 1943, in shorthand,
of course, form. In parentheses is given to the original German spelling of names and terms in the square - notes and explanations interpreter.
1). The accused is a fanatical enemy of the Jews. Heading to the eastern front, he set himself the goal of "lay", if possible, 20,000 Jews. In August 1941, he was given with his repair platoon 1st brigade of the SS, September 8, 1941, he departed from the Aris (Arys), East Prussia, and on 12 September arrived in Zvyahel [Zwiahel, he - Novograd Volyn]. From the Ukrainian mayor, he learned that in a local prison are more than 300 Jews mayor asked them to shoot. The defendant heard that the Wehrmacht was Jewish issues a certificate stating that they are not Jewish. Because, in his opinion, the Wehrmacht was too sentimental, he decided to flogging forces of his platoon. Outside of the village Ukrainian police forces had been dug ditch, near which the Jews - men, women and children - had to kneel. Then they were on the team shot shot in the back of the head with a close proximity.
1). The accused is a fanatical enemy of the Jews. Heading to the eastern front, he set himself the goal of "lay", if possible, 20,000 Jews. In August 1941, he was given with his repair platoon 1st brigade of the SS, September 8, 1941, he departed from the Aris (Arys), East Prussia, and on 12 September arrived in Zvyahel [Zwiahel, he - Novograd Volyn]. From the Ukrainian mayor, he learned that in a local prison are more than 300 Jews mayor asked them to shoot. The defendant heard that the Wehrmacht was Jewish issues a certificate stating that they are not Jewish. Because, in his opinion, the Wehrmacht was too sentimental, he decided to flogging forces of his platoon. Outside of the village Ukrainian police forces had been dug ditch, near which the Jews - men, women and children - had to kneel. Then they were on the team shot shot in the back of the head with a close proximity.
October 17, 1941 the defendant arrived with his platoon in Sholokhovo. There he heard that the Jews speak about to set fire to "collective", and two Ukrainians were blown up by mines and were seriously injured. For these reasons, the defendant, and then carried by its own decision execution of Jews. While in Zvyahele 319 Jews were shot here, there were 191. Tomb was in the bush, so the execution could not be observed by outsiders. Unterscharführer [noncommissioned officer] CC Muller, did not belong to the part of the accused, but the latter has received permission to take part in the shooting, tearing at it out of the hands of children and mothers, holding them in his left hand, shot them and threw it into the grave. Although the accused and demanded an explanation from Muller about this method, but eventually gave him a free hand.
In the period from 22 October to 12 November 1941 the defendant was standing with his platoon in the small town of Alexandria. There, he learned that most of the Jews were "resettled", but in the city there are still Jews who are still hiding from the "relocation". He also heard rumors that the Jews are going to poison the wells. So he decided to clean up the Jews of Alexandria, once it due to the weather and road condition was stuck in his platoon and did not have to do. He gave the order to gather all the Jews in the location of their unit. Members of the Imperial Labor Service (RAD) expressed their willingness to dig ditches for execution. In Alexandria, 459 Jews were shot.
While shooting in Zvyahele Sholokhovo and proceeded in a relatively orderly forms in Alexandria were disgusting excesses. The Jews who had cut wood for rooms occupied by platoon, were beaten on the pretext that it is not working as it should. They were beaten with shovels and also what distinguished primarily shturmmann [Corporal] SS Ackermann (Ackermann). Shturmmann SS Vyustholts (Wuestholz) demanded that the Jews, beat each other to death, promising that the survivor of the match will not be executed. Jews really beat each other, but not to death. The accused was involved in the beatings and he, in particular, beat whipping Jewish women in the face. In between, he played the accordion song "Baby, you're crazy!" Before the execution of Jews also beaten in the cellar near the location of the platoon. One time a few Jews had to carry one wooden structure.
It was arranged so that the structure had collapsed and they were buried under the rubble. In this case, although the Jews were injured, but not killed.
The executions took place not only now in an orderly manner, in many
cases, individual Jews after the violence were simply gunned down around
the corner. Once at the request of the accused Jew was hanged.
While the mili maintenance platoon Zvyahele and Sholokhovo readily agreed to the proposal to accept the voluntary participation of the accused in the shootings, as they considered it necessary for political reasons, in Alexandria majority, especially by age, did not agree with what the nature of the action taken and were in serious conflict with his conscience.
2).
While the mili maintenance platoon Zvyahele and Sholokhovo readily agreed to the proposal to accept the voluntary participation of the accused in the shootings, as they considered it necessary for political reasons, in Alexandria majority, especially by age, did not agree with what the nature of the action taken and were in serious conflict with his conscience.
2).
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Excerpts
Excerpts from verdict of the SS and Police Supreme Court in Munich, against SS-Untersturmfuehrer Max Taubner, passed on May 24 1943 before SS-Standartenfuehrer (Colonel) Dr. Reinecke (judge) and SS-Obersturmbannfuehrer (Lt-Colonel) Dr. Brause, SS-Sturmbannfuehrer (Major) Sukkau, SS-Untersturmfuehrer (Second Lieutenant) Gamperl and SS-Untersturmfuehrer (Second Lieutenant) Tarnow. Document index: Az. St.L. 29/42.
1. The accused shall not be punished because of the actions against
the Jews as such. The Jews have to be exterminated and none of the
Jews that were killed is any great loss. Although the accused should
have recognized that the extermination of the Jews was the duty of
Kommandos which were set up especially for this purpose, he should
be excused for considering himself to have the authority to take
part in the extermination of Jewry himself. Real hatred of the Jews
was the driving motivation for the accused. In the process he let
himself be drawn into committing cruel actions in Alexandriya which
are unworthy of a German man and an SS-officer. These excesses cannot
be justified, either, as the accused would like to, as retaliation
for the pain that the Jews have caused the German people. It is not
the German way to apply Bolshevic methods during the necessary
extermination of the worst enemy of our people. In so doing the
conduct of the accused gives rise to considerable concern. The
accused allowed his men to act with such vicious brutality that
they conducted themselves under his command like a savage horde...
2. By taking photographs of the incidents or having photographs taken, by having these developed in photographic shops and showing them to his wife and friends, the accused is guilty of disobedience. Such pictures could pose the gravest risks to the security of the Reich if they fell into the wrong hands...
Dismissal of the case against the remaining parties, 1 June 1943
The following has been established on the basis of the main trial of SS-Untersturmfuehrer Max Taubner... The following men were party to the punishable acts committed or ordered by SS-Untersturmfuehrer Max Taubner:
SS-Unterscharfuehrer Walter Muller particularly stood out during the shootings of Jews with the brutality with which he tore small Jewish children from their mothers. He held these children in front of him with his left hand and then, with his right hand, shot them with a pistol.
[three more SS-personnel accused]
Allowances have been made for the fact that the accused were, without exception, acting on the orders of and under the responsibility of Untersturmfuehrer Max Taubner. In this respect, their own culpability may be described as slight...
2. By taking photographs of the incidents or having photographs taken, by having these developed in photographic shops and showing them to his wife and friends, the accused is guilty of disobedience. Such pictures could pose the gravest risks to the security of the Reich if they fell into the wrong hands...
Dismissal of the case against the remaining parties, 1 June 1943
The following has been established on the basis of the main trial of SS-Untersturmfuehrer Max Taubner... The following men were party to the punishable acts committed or ordered by SS-Untersturmfuehrer Max Taubner:
SS-Unterscharfuehrer Walter Muller particularly stood out during the shootings of Jews with the brutality with which he tore small Jewish children from their mothers. He held these children in front of him with his left hand and then, with his right hand, shot them with a pistol.
[three more SS-personnel accused]
Allowances have been made for the fact that the accused were, without exception, acting on the orders of and under the responsibility of Untersturmfuehrer Max Taubner. In this respect, their own culpability may be described as slight...
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