Swiss High Court Hears Nazis’ Appeal from “protocols” Verdict; Decision Monday

A DECISION IS EXPECTED NEXT MONDAY IN AN APPEAL BROUGHT BY TWO SWISS NAZIS AGAINST THEIR CONVICTION UNDER ARTICLE 14 OF THE CANTONAL CODE, WHICH PROHIBITS DISSEMINATION OF “TRASH LITERATURE,” FOR DISTRIBUTING “THE PROTOCOLS OF THE ELDERS OF ZION,” DISCREDITED RECORD OF A PURPORTED JEWISH PLOT FOR WORLD DOMINATION.

NO SPECTATORS WERE ON HAND WHEN THE HEARING WAS HELD IN THE COURT OF APPEALS YESTERDAY. NO NEW EVIDENCE WAS PRESENTED, BUT THE APPELLANTS ARGUED THAT THE “PROTOCOLS” DID NOT CONSTITUTE “TRASH LITERATURE” WITHIN THE MEANING OF THE LAW.

ONE ATTORNEY, URSPRUNG, MOVED FOR OVERRULING THE CONVICTION ON THE GROUND THAT THE “PROTOCOLS” INVOLVED THE ENTIRE JEWISH PEOPLE, AND THEREFORE THE SWISS JEWS DID NOT HAVE THE RIGHT TO APPEAR AS COMPLAINANTS. THE COURT DENIED THE MOTION AFTER A HALF-HOUR CONSIDERATION.

RUEF, COUNSEL FOR THE APPELLANT, SCHNELL, THEN SOUGHT A RETRIAL FOR HIS CLIENT ON THE GROUND THAT THE “PROTOCOLS” WAS OF A POLITICAL AND RELIGIOUS NATURE, AND NOT EROTIC OR PORNOGRAPHIC IN THE SENSE OF THE LAW. URSPRUNG DEMANDED ACQUITTAL OF APPELLANT FISCHER ON THE SAME GROUND.

THE PUBLIC PROSECUTOR, LODER, EXPRESSED THE OPINION THAT THE “PROTOCOLS” WERE NOT “TRASH LITERATURE” WITHIN THE MEANING OF THE LAW. SOLY BRAUNSCHWIEG, PRESIDENT TO THE ZURICH JEWISH COMMUNITY, DEFENDED THE LOWER COURT’S RULING, AND COMPLAINED THAT, DESPITE THE RULING, THE SWISS FRONTIST ORGANIZATION WAS STILL ADVERTISING THE “PROTOCOLS.

PROF. MATTI REFUTED LODER’S CONTENTION, HOLDING THAT ARTICLE 14 WAS APPLICABLE TO THE CASE. LODER REPLIED THAT THE “PROTOCOLS” WAS CERTAINLY LITERATURE OF A REPREHENSIBLE NATURE, BUT WAS PROPERLY A MATTER FOR ADMINISTRATIVE, NOT COURT ACTION. BRAUNSCHWEIG POINTED OUT THE COURT ACTION HAD BEEN BROUGHT AT THE ADVICE OF THE AUTHORITIES.

FULL TEXT OF PREAMBLE TO WARBURG WILL

FOLLOWING IS THE FULL TEXT OF THE OPENING PARAGRAPHS OF FELIX M. WARBURG’S WILL:

“I, FELIX M. WARBURG, OF THE COUNTY OF WESTCHESTER, STATE OF NEW YORK, DO HEREBY MAKE, PUBLISH AND DECLARE THIS AS AND FOR MY LAST WILL AND TESTAMENT AS FOLLOWS:

“AT THE PRESENT TIME I AM OVER SIXTY YEARS OLD AND HAVE IN THE MAIN CARRIED OUT DURING MY LIFE MY PHILANTHROPIC PURPOSES WITH RESPECT TO MOST OF THE INSTITUTIONS IN THE DEVELOPMENT OF WHICH I HAVE BEEN FOR MANY YEARS INTERESTED AND I FEEL THAT I HAVE BEEN FORTUNATE IN HAVING LIVED LONG ENOUGH TO WATCH THESE INSTITUTIONS GROW AND TO SEE THEIR PLANS MORE OR LESS PERFECTED. FOR THESE REASONS I HAVE OMITTED IN LARGE PART THE BEQUESTS TO CHARITABLE PURPOSES WHICH HAVE BEEN INCLUDED IN PREVIOUS WILLS.

“ALL OF MY CHILDREN HAVE REACHED THEIR MAJORITY AND HAVE PROVEN TO MY FULL SATISFACTION THAT THEIR CHARACTERS HAVE DEVELOPED IN SUCH DIRECTIONS AND IN SUCH WAYS THAT I DO NOT FEEL CALLED UPON TO SAFEGUARD THEIR INHERITANCES BY COMPLICATED TRUSTS. I MOST GRATEFULLY EXPRESS MY JOY AT THE WONDERFUL RELATIONSHIP WHICH EXISTS AMONG THEM AND SINCERELY HOPE THAT THE SAME WILL CONTINUE EVEN MORE STRONGLY AFTER THEIR PARENTS ARE NOT ABLE TO BE WITH THEM ANY MORE. THEY HAVE TAKEN OVER VOLUNTARILY MANY OF THE INTERESTS WHICH BOTH MY WIFE AND I HAVE DEVELOPED IN OUR LIVES. I RECOGNIZE WITH PLEASURE THAT MY DAUGHTER CAROLA HAS INHERITED THE INCLINATION TO DO SOME OF THE HOSPITAL AND SCOUT WORK TO WHICH I HAVE GIVEN SOME TIME, THAT MY SON FREDERICK AND MY SON PAUL HAVE INHERITED THE INCLINATION TO DO PHILANTHROPIC AND CIVIC WORK; WHILE MY SON GERALD WHO HAS INHERITED A GREAT LOVE OF MUSIC, WILL NATURALLY DRIFT INTO ACTIVITIES IN THAT DIRECTION.

“MY SON EDWARD SHOWS DECIDED SIGNS OF HAVING INHERITED LOVE OF WORKS OF ART AND HE SHOULD HAVE THE FIRST CHOICE, IF HE SO DESIRES, AFTER THE DEMISE OF MY WIFE, TO INHERIT, ON THE TERMS HEREINAFTER PROVIDED, MY COLLECTION OF PRINTS IN BLACK AND WHITE, WHICH HAS GROWN IN QUANTITY AND IN VALUE AND CHARM DURING THE MANY YEARS THAT WE HAVE COLLECTED THEM.”

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