Berlin (Oct. 14)
The trial of Count Helldorf and the other prisoners who are accused together with him of having organised and directed the anti-Jewish excesses in Berlin on Rosh Hashanah will be resumed next Thursday, the 22nd. inst., following the decision of the court to uphold the objection lodged by the Counsel for the Defence against the presiding judge, Land Court Director Schmitz, and his associate judge, Land Court Director Thiemann.
The decision on the objection of the court presided over by Land Court Director Friedman, which has just been handed down, begins by pointing out that in sustaining the objection, it casts no doubt whatever on the impartiality and objectivity of the judges of the criminal court who had been trying the case. The court was rather concerned in its decision by the feeling that any real lack of confidence by the accused in the court that was trying them, based on a belief that they would not have a fair and impartial hearing, was sufficient cause for a fresh trial. Ground for such anxiety on the part of the accused existed in the fact that the same judges had already found guilty and condemned Helldorf’s chauffeur Kuhn on a charge connected with the same accusation as that brought against him.
The upholding of the objection does not, however, it proceeds, indicate any acceptance of the assertion that the judges, for reasons of Jewish relationship or otherwise, are under Jewish influence. Membership of the Jewish Community or relationship to Jews does not disqualify a judge or juryman. In the case of the juryman, Lothar Stark, however, he had himself risen to explain that he was not impartial in the case, because he was a Jew, and consequently the court had to accept his own ruling of his partiality.