. ©MAZAL LIBRARY

NMT04-T0535


. NUERNBERG MILITARY TRIBUNAL
Volume IV · Page 535
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"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

 
 
 
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