In regard to:
—to enter on page 1— Confidential
Enclosed 1 loose leaf Personal
Chief of Staff:
Sir:
In the penal case, indicated above, which involved serious maltreatment of prisoners in the protective custody camp at Hohenstein in Saxony, the main trial was held in Dresden from 20th March to the middle of May 1935 before the 12th Criminal Division of the Supreme Court. In regard to the details of the incidents, may I refer to the enclosed copy of the Bill of indictment of October 1934 and particularly may I call attention to page 21 of the results of the inquiry. On May 3, 1935 the assistant prosecutor Staatsanwalt Dr. Walther imposed the following punishment:
Here has been received that it has been put to the assistant prosecutor Staatsanwalt Dr. Walther, who is a storm trooper, after pronouncing of the verdict on his Obersturmbannfuehrer, that he should resign from the SA. The fact that this measure was undertaken at the same time as the verdict referred to above was pronounced, gives rise to the assumption that here also then is something below the surface. However this would represent an extremely serious and highly undesirable conclusion to the legal & fully binding penal proceedings. The officials would have to battle with their conscience when carrying out their duties, if such procedure was in force. In this way 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 Staatsanwaelte could still be 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 counter-measures.
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 my action in this direction. Considering the importance of this case, I would be obliged if you would reply as early as possible.