Max M. Fisher
- w f
A Weekly Review
of Jewish Events
Pages 5, 16, 17
Michigan's Only English-Jewish Newspaper—Incorporati
ng The Detroit Jewish Chronicle
Vol. XXXIX No. 7
io0P-orhaloiln si,op 17100 W. 7 Mile Rd.—VE
8-9 364—Detroit 35,
April 14, 1961—$5.00 per Yeari Single Copy 15c
Remains Stoic.. in 3rd Day of_Trial
Israel Attorney General Gideon Hausner Coda y argued tha
wheel" of Nazi German 's
just an ordinary cog in the
program as sessions resumed in t Adolf
called "the minister of death."
s had adjourned Thursday while th
of the e trial of the man
state e observed "Holocaust Day" in
memory of the victims of Nazism. Hausner pledged at the close of Wednesda's Jewish
y e ession to prove that Eichmann "initiated,
planned or organized and implemented the extermination of the Jews in Europe."
The chief prosecutor also cited U.S.
Court decisions based on two Michigan cases to substantiate that kidnapping is "irrelevant" to Israel's right
Questions - Competence of Tribunal
Won't Get Fair Trial in Israel
By ELIAHJU SALPETER
Chief JTA Correspondent in Israel
(Copyright, 1961, Jewish Telegraphic Agency, Inc.)
JERUSALEM—With the eyes of the world directed toward
the courtroom at Beth Ha-Am as the trial opened Tuesday, Adolf
Eichmann's attorney used every legal stratagem to contest the
jurisdiction and competence of the tribunal and the right of the
State of Israel to bring the ex-Gestapo colonel to justice for directing
the mass-murder of 6,000,000 Jews.
Dr. Robert Servatius, a veteran of the Nuremberg war crimes
trials, opened fire on the court as soon as the indictment against
his client had been read and before Eichmann could be asked to
The attorney first questioned the competence of the three-man
court, asserting that its members, might feel prejudice against his
clint since his actions might have caused harm to them or to their
He asked the court to examine this claim thoroughly, assert-
, ing that it was sufficient that the defendant had a reasonable
concern that the judges lacked objectivity.
The Cologne lawyer stressed that his argument was not directed
against one judge who had presided over another case in which
Eichmann had figured (a reference to Judge Benjamin Halevi and
the Kastner libel case). He said he had examined the records of that
case but found no indications of prejudice. "But," he added, "my
claim is against all the judges on the bench."
Servatius listed' several points on which he held the present
court incompetent to sit in judgment on his client. He asserted that
the basic Israel law for the punishment of Nazis, under which Eich-
mann is being tried, is contrary to the law of nations. He said
that Israel had seized Eichmann's person by an act of aggression
and had brought. him before the court illegally.
He charged further that the State of . Israel has no right to try
a man for crimes committed prior to the establishment of the state
and outside its territorial limits against persons who are not citizens
of the state.
The attorney also complained that the defendant was denied
complete rights of defense. He did not, Servatius said, have the
financial means to bring witnesses to Israel to testify in his behalf.
Members of the SS, Hitler's elite guard in which Eichmann was
an officer, were afraid to come to SJerusalem to testify for Eich-
mann, the attorney asserted, because by so doing they would
jeopardize their own security.
Servatius denounced what he termed the harshness of the, law
under which Eichmann was brought to trial and assailed Israel's
motives in bringing the defendant to trial. Several of the West Ger-
man states, he asserted, had requested that the West German
Federal Republic demand Eichmann's extradition.
Eichmann, Servatius said, "cannot atone for the crimes of an
entire people or its leaders. Atonement must -
be.• made by all of
Attorney General Gideon Hausner, hammered- away through
the second and third days of the -trial at the defense contention that
Israel has no right to try the case.
It was indicated that the court would not rule before
Monday on the crucial question of its competence to try Eichmann.
This became evident when Zvi Tahor and Yad Shimonf, the
El Al Airlines personnel alleged to have transported Eichmann from
Buenos Aires where he was seized last May appeared in court
Wednesday as witnesses called by Servatius for interrogation.
The two men were told they would not be required until Monday
and ordered to hold themselves in readiness to appear again on
three hours notice. This was interpreted to• mean that the court
Continued on Page 32
Cites 2 Michigan Cases
By PHILIP SLOMOVITZ
(Direct Telex Service from Jerusalem Courthouse to The Jewish
JERUSALEM — Attorney General Gideon Hausner, outlining
the Nazi crimes against humanity, Wednesday told the court trying
Nazi Adolf Eichmann that while many countries suffered in the last
war, they were not subjected to the holocaust since Hitler did not
plan ,their destruction but only that of the Jewish people.
Refuting the argument of Defense Counsel Robert Servatius
that the atonement must come from the country that asked Eich-
mann to carry out these crimes, Hausner declared:
"Our argument is that Adolf Eichmann was not just an ordinary
cog in the wheel. We shall attempt to prove to this court that he
initiated, planned or organized and implemented the extermination
of the Jews. in Europe."
It was the first direct reference to the charge that Eichmann
master-minded the holocaust.
Hausner quoted international law and decisions of high courts
in England and the United States to disprove Servatius' conten-
tion of the illegality of Eichmann's trial being held in Israel.
The Attorney General invoked two decisions involving Michigan
cases to prove that "kidnaping" is irrelevant to Israel's right to try
One case is that of Hatfield vs. the warden of the state prison
of Southern Michigan in which the charge was made that in 195Q
the accused was "kidnaped and transported against his will from
Texas to Michigan by Michigan state police offices."
The United States District Court then ruffled]
of a person brought into a state by forceful abduction
violation of provisions of the Federal Constitution forbidding
vation of life, liberty, or property without due process.of law." depri-
The other Michigan case cited by Hausner involved Sherley
Collins who in 1952 sought—as stated in Frisbie vs. Collins 96
Laws Edition—"release from Michigan State Prison where he is
serving a life sentence for murder. Hispetition alley
he was living in Chicago, Michigan officers forcibly that while
y handcuffed, •
black-jacked and took him to Michigan.
that the 'U.S.
Court has nc -.- -=',
court to , try s r departed from the rule . . . "that the
er of a
had been brc. ,.: -son for a crime is not impaired by the factt that he
within the court's juriSdiction by reason of a
forcible abc11.7 ,-
EICHMANN FACES THE COURT FROM PRISONER'S DOCK