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of Himmler. When a man who for several years has contributed the same
large amount to a benevolent cause withdraws or decreases his gift, such action
can hardly go unnoticed. Of this, defendants were probably aware. Flick
suggested in his testimony that he regarded membership in the Circle as in the
nature of insurance. Steinbrinck may have had the same feeling. A hundred
thousand Reichsmarks per year to a wealthy man or to one who pays from State
funds is perhaps not too high a premium to insure personal safety in the
fearful days of the Third Reich. This may be considered in mitigation but we
are convinced that there was not any such compulsion upon their membership or
contributions as we have discussed in the case of use of conscripted labor.
Defendants in this count do not put their defense on the ground of fear but
rather on lack of knowledge. It remains clear from the evidence that each of
them gave to Himmler, the Reich Leader SS, a blank check. His criminal
organization was maintained and we have no doubt that some of this money went
to its maintenance. It seems to be immaterial whether it was spent on salaries
or for lethal gas. So we are compelled to find from the evidence that both
defendants are guilty on count four.
There is considerable to be said
in mitigation. Their fear of reprisals has already been mentioned. In that
respect Flick was the more vulnerable. He had backed Hindenburg with large sums
when in 1932 he defeated Hitler for election to the Reich presidency. This
doubtless was not forgotten. To Flick's knowledge his telephone conversations
were subjected to wire tapping. He had other reasons to believe his position
with Party leaders, and particularly Himmler, was none too secure. Steinbrinck,
however, as an outstanding naval officer of the First World War, respected and
admired by the public, had a more favorable position. This very respectability
was responsible for his membership in the SS. He did not seek admission. His
membership wag honorary. But the honor was accorded to the SS rather than to
Steinbrinck. During the entire period of his membership he had but two official
tasks. The first was to attend, and perhaps stimulate the attendance of the
generals, at a meeting in Godesberg in 1933 when they were convened with heads
of the Party, the SA, and the SS to be addressed by Hitler. The second was to
escort the family of Hindenburg at his funeral. The SS uniform, doubtless worn
on these occasions, was also helpful to Steinbrinck in obtaining from the
Wehrmacht compliance with his directives as Bekowest. He received two
promotions in rank, the second to Brigadefuehrer (brigadier general), on his
fiftieth birthday in 1938. Otherwise he had no duties, no pay. and only casual
connection with SS leaders. These activities |
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