| |
"Q. You knew that the probability,
bordering on certainty, was that they would be shot after being collected?
"A. I knew that there was this possibility, yes.
"Q. In fact,
almost a certainty, isn't that right?
"A. It was probable."
|
| Later on in his testimony his responsibility
for these deaths which, of course, constituted murder, was even more definitely
admitted. |
| |
"Q. You collected these Jews,
according to the basic order, didn't you, the Hitler Order?
"A. Yes.
"Q. And then they were shot; they were shot; isn't that right?
"A. Yes.
"Q. By members of your command?
"A. From
Esthonian men who were subordinated to my Sonderkommando leaders; that is
also myself then.
"Q. Then, in fact, they were shot by members
under your command?
"A. Yes. |
| * * * * * * * * *
* |
| |
"Q. Then, as a result of the
Fuehrer Order, these Jews were shot?
"A. Yes." [Emphasis
supplied] |
Sandberger's temporary absence, on the date
of the execution, of course, in no way affects his criminal responsibility for
the deed.
Although Sandberger devoted a great deal of his time on the
witness stand to denial, the one admission he did make was that executive
measures in Esthonia were taken under his supervision. He stated that he
objected to the Fuehrer Order |
| |
"I objected to the decree so
strongly that at first I did not think it was possible that such an order was
at all thinkable * * *. I could not imagine that I myself would be able to do
this and, on the other hand, I believed I could not ask my men to do something
which I could not do myself." |
| Yet he testified that he regarded the order
as legal, that Hitler was the highest legislative authority, and, although the
Fuehrer Order offended his moral sense, it had to be obeyed. His moral sense
apparently did not always prevail for the defendant betrayed himself into a
note of justification of the Fuehrer Order when he testified
|
| |
" * * * when we saw in this Baltic
area to what a large extent the forces then in power there had deviated in the
preceding years from the basic principles of law, we were doubtlessly
influenced in the sense that any possible misgivings about
|
535 |