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The Proud Shall Stumble

Page 20

by Gerald N. Lund


  Hans took Emilee in his arms and kissed her again, very tenderly now. When he pulled back, he began to stroke her cheek. “It feels so good to hold you again, Schatzi. I still can’t believe it.”

  “Wolfie drove me and Mama Eckhardt down here on his way to work. I was hoping that they would let Inga come with me to visit you, but they were adamant. Only one of us.”

  Hans frowned. Smiling, Emilee reached up and smoothed the wrinkles out of his forehead. “I come to see you, and that’s your reaction? A frown?”

  “I. . . . Of course not. It’s just that—” He caught himself. “Never mind.”

  “What, Hans?” His look sent a little chill through Emilee. “Tell me.”

  “Maybe they let you come this morning because they know I’ll be on my way to Landsberg this afternoon. Which means that I’m going to be found—”

  Emilee’s hand flew up and covered his mouth, cutting him off. “No, Hans. Don’t say it. The whole family is praying for you. I pray for you night and morning. Last night—” Tears suddenly filled her eyes. “Alisa was saying her prayers. She’s doing it by herself now. She won’t let me tell her what to say anymore.”

  “And what did she say?” Hans asked softly.

  “She started to cry, right in the middle of her prayer. And then she just burst out and said, ‘Please, God. Bring my Vati home. Jo Jo needs him so much.’”

  Hans, who suddenly could barely speak, whispered, “Jo Jo? Not Lisa herself?”

  Emilee smiled and wiped at her cheeks. “That’s what she said. And then she explained to God, in case He didn’t know. ‘Jo Jo is my little sister,’ she said, ‘and she doesn’t know how to pray yet, God. But she misses our Papa so much. And she believes in you. And I believe in you too. So, please, please, please, God. Bring my Vati home to Jo Jo.’”

  After they sat there holding hands for a time, Hans got control of himself. “Emilee, we are guilty of high treason. Our attorneys are pretty confident that there will be some leniency shown by the court, but I am going to prison, along with all the others. Prepare yourself for that.”

  To his surprise, Emilee got to her feet and then pulled him up. She raised a hand and brushed the hair back from his eyes. “I should have brought my scissors,” she said. “You need a haircut.”

  “That’s the least of my concerns,” he replied.

  Emilee clamped a hand over his mouth again. “Don’t. I know how you feel about God. I know how you feel about prayer. But just this once, couldn’t you show even a thimbleful of hope? If you can’t believe in yourself, then believe in Alisa. I cannot conceive in my mind how any being under heaven could have heard the purity of her prayer and not had his heart melted. So why not trust her faith in her Father in Heaven? Can’t you acknowledge even that much?”

  “Emilee, I know that you have faith, and that Mama has faith. And believe it or not, I am very happy that you are teaching our daughter that kind of faith. But I can’t just drop to my knees now because I’m desperate. It’s not who I am.”

  She kissed him again. “I’m going to go now. I—”

  “No, Emilee! He said we had ten minutes. I don’t have to get ready yet.”

  “Yes, you do.”

  “No, I can shower and shave in ten minutes. We’ve got time. Please don’t go. Not yet.”

  “I’m not talking about that kind of getting ready,” she said with meaning.

  Hans pulled back from her and turned away. “I’m not going to drop to my knees and beg God to save me, Emilee. It would be hypocritical.”

  “I’m not asking you to pray.”

  He reared back. “Then what?”

  “I’m asking you to take the next five minutes and think about your daughter. Think about her prayer. You are her father, and you know how much you love her. You would do anything for her, right?”

  “You know I would.”

  “Well, maybe that’s how her other Father feels too.”

  10:02 a.m.—Courtroom, Infantry School, Munich

  “All arise.”

  Emilee’s hand shot out and gripped her mother-in-law’s as they both got to their feet. “Here we go,” she murmured.

  “At last,” Inga breathed. “At long last. Now we shall know.”

  They watched the judges file in behind the Bavarian Minister of Justice and take their seats.

  “The High Court is now in session,” the bailiff intoned in a bored voice, “Judge Georg Neithardt presiding. You may be seated.”

  Judge Neithardt waited until the noise in the courtroom subsided and the rustling of clothing and the shuffling of feet stopped. Then he let his eyes sweep across the full width of the room. Finally, he lifted a piece of paper and glanced at it.

  “As previously stated, the business of this court is now nearly completed. After having deliberated at great length over this highly complex case, which is charged with a whole gamut of emotions, we have come to a unanimous decision and are prepared to render our verdict. After doing so, we shall pronounce sentences for the eleven defendants who have been on trial here.”

  If it had been quiet before, now the silence was total. Every eye was fixed on Neithardt, and most leaned forward in their chairs, straining to hear every word. Emilee found herself clenching onto Inga’s hand tightly and holding her breath.

  “It is the shared feeling of this court that one of these defendants should be acquitted of all charges leveled against him. General Erich Ludendorff, will you please stand?”

  Ludendorff shot to his feet. “I object, Your Honor,” he cried in a hoarse voice. “You cannot acquit me, for I was determined to do all I could to overthrow the government in Berlin, and—”

  The court exploded into an uproar. Objecting to an innocent verdict? This was definitely not what they had expected. Several in the audience also leaped to their feet and started a wild and sustained cheering. Shocked, Neithardt grabbed his gavel and began pounding the table. “Order in the court. Order, I say!”

  The noise dropped some, but when he hammered the gavel again, it died completely away. The judge was peering at Ludendorff in astonishment. “Sir, I didn’t pronounce you guilty. You are acquitted. We believe that you were duped into lending your name to the rebellion, and therefore, this court finds you innocent of all charges. You will be released immediately following our adjournment.”

  The general threw his shoulders back and with icy contempt glared at Neithardt. “I heard what you said. But I find acquittal an affront to my uniform, to the medals I wear, and to my fellow men in arms. I am proud that I took a stand against our enemies in the government.”

  The roar of approval was deafening. Men were pumping their fists in the air, cheering him on. Neithardt was livid. He was half out of his seat and pounding the gavel on the table so hard that Emilee fully expected the gavel to break and the head to go flying off. But it worked, and the crowd mostly quieted again. Neithardt, still half out of his chair, looked straight at Ludendorff. “I call his Excellency to order. His imperious remarks are out of order, as are these demonstrations by his supporters in the audience. If this continues, I will have this courtroom cleared.”

  He turned to the bailiff. “Sergeant, you and your men will maintain order. If you can identify the culprits behind this uproar, you will bring them forward and they shall be found in contempt of court and fined accordingly.”

  That threat was sufficient to make Ludendorff drop back into his seat, even though he continued to glower at the judge. With order restored, Judge Neithardt regained some of his composure. He removed his glasses and picked up a single sheet of paper. He perused it for a moment and then began to read.

  “Obviously, since General Ludendorff was the only defendant declared to be innocent of the charges brought against him, the verdict for the remaining defendants is easily deduced. All are found guilty of conspiring to overthrow the government.”
/>   Emilee gasped and fell back in her seat. Inga buried her face in her hands. “No!” she whispered.

  “However,” Neithardt went on, his voice rising in volume, “this court is convinced that the motives of these defendants were not treasonous in the normal sense of the term.”

  “What?”

  Emilee thought she had been the one to cry it aloud, but then she realized it was a man a few seats down from her who was sitting in the press section. Now she saw that his face registered shock and anger.

  Neithardt went on. “We believe that the evidence clearly shows that their motives were genuinely patriotic, noble, and selfless. They—”

  “Noble and selfless?” It was the same voice, and this time it was filled with incredulity and disgust. Emilee turned to look. No one was standing, but it was the same man, and his face was flushed with anger. “Are you mad?” he barked. “Noble motives? They sought to overthrow the government.”

  Neithardt’s head jerked up. “Bailiff! Eject that man from the courtroom this instant.” He let his gaze sweep across the press section. “I do not care what you think of this decision, but if I hear one more outburst, I shall clear this courtroom. Do I make myself clear?”

  Evidently he did, for the commotion immediately ceased as the bailiff escorted the man out.

  Neithardt found his place on the paper and then continued reading. “These men believed most conscientiously that they had to act swiftly in order to save the Fatherland. And because our previous triumvirate of leaders participated in some of these discussions and encouraged them to move forward with their plans, these men thought they were acting in accordance with the will of the Bavarian State government. Perhaps this was naive on their part, and it does not justify their plans, but it does help us better understand their actions. Their motives were taken into consideration.”

  Another man near the back jumped to his feet. He cupped a hand to his mouth and shouted at the top of his voice. “That is a load of horse manure!” Then, he turned and raced for the back doors, disappearing before the other bailiffs had time to react.

  Emilee and Inga were staring at each other. “What does this mean?” Inga whispered, half in a daze.

  “I don’t know,” Emilee said in wonder. Then came another thought, and a sob rose up inside her. “But it means at least this much: Hans isn’t going to spend the rest of his life in prison. The Lord has heard our prayers, Inga. Thanks be to God.”

  Finally, Neithardt spoke again. “There are other factors taken into consideration when it comes to the sentencing of these defendants. These include such factors as who took the leading roles in the putsch and who were just soldiers carrying out the orders of their commanding officers. Will the following please stand?”

  This announcement had brought another buzz of reaction, but the judge ignored it and read quickly. “Herr Adolf Hitler, president of the National Socialist Party and principal organizer of the putsch. Please stand and face the court. Herr Ernst Poehner, former chief of the Munich Police and highest-ranking officer of the current government to participate in the uprising. Herr Friedrich Weber, commanding officer in the Oberland Bund, a paramilitary group who furnished men for the uprising. And Herr Hermann Knebel, who commanded the Kampfbund, the coalition of armed groups who participated in the coup.”

  All four men got to their feet. The judge consulted his notes and then spoke quickly. “Because of the roles you four men played in the attempt to overthrow the government, you are hereby sentenced to a minimum of five years in prison, which includes time already served.”

  Cries of dismay rang out. Others cheered. Emilee noted that all three of the lay judges were shaking their heads, clearly indicating that they did not agree with this decision. The judge overrode them all. “In addition, each of you is required to pay a fine of five hundred marks. If you do not have sufficient funds to pay the fine, an additional twenty days in jail will satisfy that obligation. You are to be immediately transferred to Landsberg Prison, where you will serve out the remainder of your time.” He looked up. “Since you are not considered hardened criminals, you will be assigned to more comfortable cells and have the right to visitors, reading and writing materials, and other conveniences.”

  Emilee was staring at Inga, her eyes wide. The idea running through her head was staggering. Hitler was the clear leader of the whole putsch. The other three had also been key leaders. So one could assume they would be given the most severe sentences. And if they got only five years, that was wonderful news.

  “What?” Inga whispered.

  Emilee leaned in to share her thoughts and the hope that was shooting through her like an electric current, but Neithardt had picked up his paper again. “Will the remainder of the defendants rise, please?”

  They did so. And as they did, Hans turned back and caught Emilee’s eye. He was trying hard not to smile, but she knew he had just come to the same conclusion she had. She reached out and gripped Inga’s hand in a vice-like grip. “Pray, Inga,” she hissed as she closed her eyes. “Pray!”

  “As already noted,” Neithardt began, “the six of you are also guilty of crimes against the state. But since you did not take significant leadership roles, each of you is hereby sentenced to fifteen months imprisonment.”

  Emilee’s eyes flew open as she felt a stab of disappointment rip through her. But immediately came the thought, As compared to five years! She closed her eyes again. Forgive me, Father. I am thankful that it is not worse.

  “However—”

  Neithardt’s word hung in the air. Emilee’s eyes opened once again and she leaned forward to stare at him. His eyes were fixed on the six men before him. “The court recognizes that you were serving under the direction of your leaders and therefore were under obligation to carry out their orders.”

  Emilee felt Inga’s fingers digging into her hand.

  “The court has also ascertained that your personal lives are such that you pose no threat of flight nor danger to the community. Therefore, the court accepts your four months of confinement served thus far and hereby grants each of you immediate parole for the remainder of your sentence.”

  Emilee felt her knees go weak, and she closed her eyes, scarcely able to believe it.

  “As long as you are compliant with the terms of your parole, you will be free from this day forward. The court has instructed those holding you to process your paperwork forthwith and release you to your families before this day is through.” The gavel slammed down one last time. “This court is adjourned.”

  “All arise!” bellowed the bailiff as Emilee and Inga fell into each other’s arms, laughing and crying and clinging to each other in unabashed joy.

  Chapter Notes

  The details of the interaction within the courtroom during the final day of the trial, especially the descriptions of the crowd’s reaction to what was going on, are my creation. Knowing the controversial nature of the trial and the obvious bias of the court in favor of the defendants, it seems logical that some negative crowd reaction would have occurred, especially among the press corps.

  However, the verdict and Judge Neithardt’s explanation of why it was so lenient reflect his own words. General Ludendorff was quite incensed at being acquitted and openly confronted the court on it, which drew a sharp rebuke from the presiding judge. Hitler and three other defendants, the ones who were leaders of the paramilitary groups, were given five-year sentences and the fine as shown here. The others were given fifteen-month sentences but were pardoned and immediately released (see Rise and Fall, 78–79; and “Biographical Time-Line”).

  April 1, 1924, 11:35 a.m.—Infantry School Barracks, Munich

  Hans sat on his cot. Emilee was beside him, her legs pulled up underneath her, her head against his shoulders. Inga sat on the only chair, which had been procured for them by the young guard on their return from the courtroom. Hans shifted his weight a little, tr
ying to get comfortable, and Emilee immediately straightened. “Am I hurting you?”

  “You get back right where you were,” he growled. “I’ve been waiting months to have you close again.”

  She snuggled back in against him, reaching up to touch his cheek. “I still can’t believe it. It’s over. You’ll sleep in your own bed tonight.”

  “Get a decent meal for the first time in four months.”

  “Yes, that too. What would you like? I’ll cook you whatever you want.”

  “Breakfast,” Hans said without hesitation. “I want a good breakfast. All they give us here is black bread without butter and tepid tea or watered-down coffee.”

  “Then breakfast it shall be. Scrambled eggs. Fried potatoes. We have some bratwurst at home. And I was able to find some real coffee at the market the other day.”

  Hans reared back. “Are you saying that my little Mormon wife bought coffee? Whatever will your branch president say?”

  Emilee punched him softly. “I think he’ll know it wasn’t for me.” Her eyes half closed as the happiness overwhelmed her. “Oh, Hans. It’s a miracle. An answer to our prayers.”

  “Umm.”

  She sat up and looked at him. “‘Umm’? And what does that mean?”

  Surprised at this reaction, Hans frowned. “It means nothing. It was just my reaction to what you said.”

  “Exactly.” Emilee shook her head in disbelief. “You came within a fraction of an inch of being killed, but you are alive. You had a bullet pressed up against your spine and the doctors believed that it would leave you paralyzed for life. Now you walk. You were charged with a crime that by law requires life imprisonment and today you were released from prison after serving only four months. You will see your daughters again on this day while Adolf and the others go to prison for five years. And it still irritates you that I call it a miracle?”

  Hans’s jaw set. “If you want me to call it a miracle, fine. It was a miracle. And I’m grateful. I am, Emilee. I’m still trying to get my head around it all. You and Mama are here. We are waiting for my release papers. Tonight I’ll have you beside me in our own bed again and I’ll play with my girls again, maybe read them a bedtime story.”

 

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