. ©MAZAL LIBRARY

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. NUERNBERG MILITARY TRIBUNAL
Volume IV · Page 544
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the effect that he hoped that Germany would lose the war because it was an unjust war that she was waging, what would you do?

"A. I would have asked the man to come to me and would have told him to hold on to his own views and keep them to himself and just would have warned him."  
* * * * * * * * * * 
 
"Q. You are on your way home one evening from the office and someone comes up to you and tells you that he overheard Hans Smith inveigh against the German Army, the German Government, Hitler and the whole National Socialist regime * * * What would you do? "

A. Nobody would have done this, I don't think.

"Q. Well, let us suppose someone did. Peculiar things happen.

"A. I would have told him, 'Don't talk about it. Keep it to yourself, keep it quiet'." 
* * * * * * * * * *  
 
"Q. Well, let's go a little further. This man who stops you on your way home, says 'by the way, I just found out that there is a plot on here to kill Hitler. I heard the men talking about this; I know the house in which they gather; I saw some bombs being taken into the house and I want you to know about this, Herr Biberstein.' What would you do?

"A. I would have told him, 'Go to Official So-and-So and report it to him'.

"Q. And you would have done nothing?

"A. Why what could I have done? I didn't know what to do. I had no police directives." 
In a further denial that he ordered executions Biberstein said that a pastor has the task "to help souls but never to judge". Biberstein was no longer a pastor, professionally, spiritually, or intellectually. He had already denounced his church and his religion and when asked why he did not offer religious comfort to those who were about to be killed under his orders and in his presence, he said that he could not cast "pearls before swine".

But despite his never swerving determination to avoid an incriminating answer, truth in an unguarded moment emerged and Biberstein confessed to murder from the witness stand. He steadfastly had maintained that every execution had been preceded by an investigation. As chief of the Kommando which conducted the executions, his was the responsibility to be certain that these investigations revealed guilt. However, if conceivably he could — although in law and in fact he could not — but even if arguendo he could be excused from responsibility for the death of those who

 
 
 
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