861.00/11761: Telegram

The Ambassador in the Soviet Union (Davies) to the Secretary of State

67. For the President and the Secretary of State. Referring to my telegram No. 60, March 4, 11 p.m.30 At approximately 5 o’clock this morning all of the defendants in the treason trial were adjudged guilty and sentences were imposed. Three were condemned to imprisonment, the remainder to death by shooting. Among the condemned to be shot were eight of the most prominent former members of the Soviet Government, including a former Premier, six former Cabinet officers, one of the most prominent Party leaders and member of Politbureau, and also a former President of one of the Constituent Republics. Those condemned to imprisonment were the former Ambassador to England and France, a former Counselor to the Soviet Embassy in Berlin and one doctor, a famous heart specialist.

Despite a prejudice arising because of confession evidence and a prejudice against a system which affords practically no protection for the accused, after daily observation of the witnesses, their most awkward testifying, the unconscious corroborations which developed, and other facts in the course of the trial, together with others of which judicial notice could be taken, but as far as the political defendants are concerned sufficient crimes under Soviet law, among those charged in the indictment, were established by the proof and beyond a reasonable doubt to justify the verdict of guilt of treason and the adjudication of the punishment provided by Soviet criminal statutes. As to the doctors defendants I have reservations. Despite exaggerations induced by possible paranoia and other possible psychological influences among the political defendants and despite the obvious over-zealousness of the prosecution in over-proving the case, my opinion is that not all charges as alleged were proved but that sufficient facts were established to prove that these defendants had plotted to overthrow the present Soviet Government, and were willing to use any means available to overthrow the Union, and were therefore guilty of treason under Soviet law. The opinion of those diplomats who attended the trial most regularly was general that the case had established the fact of a formidable political opposition and an exceedingly serious plot which explained to them many of the hitherto unexplained developments of the last 6 months here. The only difference of opinion that seemed to exist was the degree to which the plot had been implemented [Page 533] by different defendants and the degree to which the conspiracy had become centralized.

Aside from the natural horror instilled by this exhibition of intense drama and human tragedy the trial affords a shocking realization that there does exist still a modern system of jurisprudence which affords so little protection to the accused and to the rights of the individual.

Davies
  1. Not printed.