362.1121 Hirsch, Helmut/57: Telegram
The Ambassador in Germany (Dodd) to the Secretary of State
[Received June 4—12:35 p.m.]
131. Embassy’s 129, June 3, 6 p.m., Consulate General’s telegram of June 4, 10 a.m. Neurath and Mackensen in Foreign Office, and Meissner in the Chancellor’s office gave every indication of wanting to be helpful and of being desirous of commutation of Hirsch’s sentence. In fact Meissner saw Hitler twice on the matter yesterday in connection with your telegram asking for postponement and an opportunity to examine the evidence. I have nothing to complain of on that score.
On the other hand I do feel that we were not shown a proper consideration with regard to seeing the evidence in the case when I officially requested it on the Department’s instruction. In brief an American citizen has been executed for treason in the face of repeated requests for clemency by our Government and without an opportunity for the American Government to see a line of documentary evidence.
The Consul General informs me that according to German law in cases of this character the evidence must be kept secret in order to [Page 404] prevent information leaking out to other members of the above referred to conspiracy. While this is no doubt the law it would seem that in a case involving an American citizen where the Government has shown as much interest as in Hirsch’s case some exception should be made. It is true that the Ministry of Justice, stretching its authority, did give the Consul General recently oral indications of the alleged plot. It is also a fact that in Hirsch’s letter to his family, copy of which was given to the Consul General by Hirsch’s lawyer and transmitted to the Department, he admitted his original intention of participation in the alleged plot as he did in conversation with the Consulate General, in the presence of the prosecuting attorney however. Despite all of this and the German law on the matter we deplore the fact that in the case of an American citizen condemned to death representatives of his Government should be denied access to the evidence prior to execution.
The Consul General’s request to see Hirsch yesterday evening was refused on the basis that Hirsch had not asked to see him and permission for such a visit could only be given if this were the case. The prosecuting attorney even refused to inform Hirsch that the Consul General was at hand and had a message from his family. Likewise as regards the evidence, we were told we would be shown this after the execution. If it was not considered harmful to the interests of the German Government for us then to be shown the evidence it is difficult to see why it could be considered harmful for us to see the evidence 48 hours or so earlier. The refusal of the visit and of access to the evidence before execution and Hitler’s original order that we were not to be informed of his denial of clemency until after execution (this came to us in strict confidence) all naturally invite suspicions which might easily have been avoided by a more intelligent handling of the case by the German authorities.
I am not sufficiently familiar with our own legislation on this subject to make a definite recommendation to the Department that it protest energetically to the German Government on this question of a refusal to postpone execution and make the evidence available to us but I feel strongly that if the Department considers the facts warrant it such action should be taken immediately.