Heil Hitler
Signed: Martin Mutschmann."
Moreover the information has come to hand that the two magistrates (Schoeffen), who functioned as judges in the principal trial, namely, Regierungsamtmann Helbig and the merchant Pesler, had been expelled from the NSDAP after the announcement of the verdict. I do not know by whom this expulsion was ordered.
Finally it has been put to the assistant prosecutor, Staatsanwalt Dr. Walther, who is a storm trooper, after the pronouncing of the verdict on his Obersturmbannfuehrer, that he should resign from the SA.
The fact that these measures were taken at the same time as the verdict referred to above was pronounced, gives rise to the assumption that here also there is something below the surface. However, this would represent an extremely serious and highly undesirable conclusion to the legal and fully binding penal proceedings. If the letter from the Reich governor reproduced here gave the impression that his judicial decisions should be influenced from higher up, then this would certainly influence to an even greater extent any later measures instituted against the 2 magistrates. That kind of procedure against lay judges after the verdict had been pronounced would naturally and necessarily arouse the feeling that, when they are functioning as judges, they are responsible to a certain office for their work. Hereby the judicial unpartiality, which is the foundation of every orderly administration of criminal law becomes null and void. Moreover, the lay judge, who upon entering service, must swear an oath, that he will discharge his duties conscientiously and to the best of his ability, would find himself forced to battle with his conscience. No less serious would be the consequences of such measures for the assistant public prosecutor. This official would also have to battle with his conscience, while carrying out his duties. Thereby the orderly official work of the authorities for the administration of criminal law would be so seriously endangered that I would find myself obliged to consider the question whether in the face of such a state of affairs public prosecutors and judges could still be functionaries of the party or members of the SA at all.
Hence it appears to be necessary——
1. in the case in question to remove the confusion, resulting from the measures indicated above, by suitable countermeasures
2. to take steps that such occurrences altogether incompatible with the administration of criminal law and the public security guaranteed by the state are avoided.
I would respectfully request your comments and information with regard to any action in this direction. Considering the importance of this case, I would be obliged if you would reply as early as possible.
Heil Hitler!
Signed: Dr. Guertner.
2. A letter to the Chief of Staff of the SA of the NSDAP with a copy of the following accusation enclosed.