To a Party member he remarked, that he had better hurry up and get out, otherwise he would be hanged from a tree later on. Sentence of the Special Court II Berlin of 28 September 1943—1 year imprisonment.
Border line cases are the cases of Graf, Kessel, Eckert, and Heinitz.
Case of Graf—a 65-year-old farmer, no previous convictions.
Offense—In spring 1943 the accused declared, “Hitler must abdicate, then the war will stop.”
In autumn 1943 he made the remark, “The war will not stop until Hitler abdicates.”
In October 1943 he remarked, “The Germans bled to death in the advance, and now they bleed to death in the street. In summer, one runs to save every little berry, and now one has to watch how everything perishes. It only depends on a few gentlemen. With the war it is just the same thing. All their throats should be cut.”
In agreement with the general public prosecutor, the Chief Public Prosecutor proposes not to order prosecution under article 2 of the statute against malicious political acts but to warn the defendant by imposing a fine. The defendant had a good reputation and was a participant of World War I, had several sons at the front, and had already backed the NSDAP before it had taken over.
The opinion of the field offices that this case was one of malicious political acts cannot be agreed to. It rather represents a case of undermining the morale, which has already been submitted to the Chief Public Prosecutor for examination.
*******
Case Eckert—domestic servant, 50 years of age, single, no previous convictions.