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Lot #398
Rudolf Hess Nuremberg Trial Document Signed, Summoning a Witness for His Defense Against Charges of "Persecution of Jews," Documenting His Flight to Scotland

Refuting charges of "Persecution of Jews" in the Nuremberg Trials, Rudolf Hess summons his secretary to explain the motives for his bizarre 1941 flight

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Refuting charges of "Persecution of Jews" in the Nuremberg Trials, Rudolf Hess summons his secretary to explain the motives for his bizarre 1941 flight

Historic partly-printed DS in German, signed "Rudolf Hess," and by his lawyer, "Dr. Seidl," one page, 8 x 12.75, February 16, 1946. Document headed (translated), "The International Military Court, Tribunal Request of the Accused to Summon Witnesses," made while preparing his defense for the Nuremberg trials. Hess and his lawyer, Alfred Seidl, request testimony from his private secretary, Hildegard Fath, who had knowledge of the following facts (translated): "1. The plan and preparations for the flight to England date back to June 1940. Amongst other things, the witness was charged with secretly obtaining reports from a Wehrmacht office on weather conditions over the British Isles, the Channel, and the North Sea. She had already received this assignment in the summer of 1940. 2. After the events of the night of November 8/9, 1938 (pogrom against Jews) became known, the defendant Hess made no secret of the fact that he strongly condemned such attacks." The defendant further certifies: "These facts are relevant to my defense for the following reasons: To refute the allegations on page 9 of the trial brief against Rudolf Hess (Persecution of Jews)." Affixed to a slightly larger sheet and in fine condition, with stamps of the "International Military Tribunal" at the bottom.

On May 10, 1941—after several delays due to mechanical problems or poor weather—Rudolf Hess, Adolf Hitler’s eccentric deputy and one of the highest-ranking officials in Nazi Germany, undertook a solo flight to Scotland in a bizarre and controversial mission. Claiming to seek peace between Britain and Germany, Hess parachuted into Scotland near Glasgow, hoping to negotiate directly with the Duke of Hamilton, whom he believed had influence in British political circles. His unexpected arrival stunned both the British government and his fellow Nazi leaders. Hitler quickly denounced the flight as an act of madness, stripping Hess of his titles and distancing the regime from his actions. The British, suspicious of his motives, detained him as a prisoner of war.

When the Nuremburg trials commenced in November 1945, Hess was among the 24 defendants charged with war crimes. The case for Hess's defense was presented chiefly from March 22–26, 1946, by his lawyer, Dr. Alfred Seidl. As part of the proceedings, Seidl read from an affidavit by Hildegard Fath, attesting to Hess's motives: 'Beginning in the summer of 1940—I cannot remember the exact time—I had, by order of Hess, to obtain secret weather reports about weather conditions over the British Isles and the North Sea, and to forward them to Hess.'

Ms. Fath's testimony continued: 'Hess left a letter behind on his departure by air for England, which was handed to the Führer at a time when Hess had already landed in England. I read a copy of this letter. The letter began with words more or less like this: 'My Führer; when you receive this letter, I shall be in England.' I do not remember the exact wording of the letter. Hess occupied himself in the letter mainly with the proposals which he wanted to submit to England in order to achieve peace. I can no longer remember the details of the proposed settlement. I can however state definitely that no word was mentioned about the Soviet Union or about the idea that a peace treaty should be concluded with England in order to have the rear free on another front. If this had been discussed in the letter, it certainly would have been impressed upon my memory. From the content of the letter the definite impression was to be gained that Hess undertook this extraordinary flight in order to prevent further bloodshed, and in order to create favorable conditions for the conclusion of a peace.'

Hess's behavior during the trial was odd—he claimed amnesia, ignored the proceedings (turning his attention to reading an amusing novel, sometimes laughing aloud), and refused to acknowledge the authority of the tribunal. He did himself no favors with a rambling, final speech to the court, delivered on August 1st, 1946: 'I was permitted to work for many years of my life under the grandest son whom my country has brought forth in its thousand-year history. Even if I could, I would not want to erase this period of time from my existence. I am happy to know that I have done my duty to my people, my duty as a German, as a National Socialist, as a loyal follower of my Führer. I do not regret anything.'

On October 1st, Hess was found guilty of conspiracy and crimes against peace; thanks in part to Seidl's ingenuity, he was found not guilty of war crimes and crimes against humanity. Hess was sentenced to imprisonment for life.

This remarkable document, originating from the Nuremburg trials, provides Hess's first-hand clarification of his motives for his strange 1941 flight—one of World War II's enduring mysteries—as well as a refutation of the charges against him for "Persecution of the Jews."

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