Katzenberger Trial
Encyclopedia
The Katzenberger Trial was a notorious Nazi show trial
. A Jewish businessman and leading member of the Nuremberg
Jewish community, Lehmann (Leo) Katzenberger, was accused of having an affair with a young "Aryan" woman, and on 14 March 1942 was sentenced to death. The presiding judge at the trial was later tried at the Nuremberg Trials
(see Judges' Trial
) and sentenced to life imprisonment. This trial later formed the basis of a subplot in the 1961 film Judgment at Nuremberg
.
) owned a large shoe wholesale shop as well as some thirty shoe shops throughout southern Germany. He was a leading member of the Nuremberg
Jewish community, and from 1939 was chairman of the Nuremberg Jewish Cultural Organization. He had a long-standing friendship with a young photographer, Irene Seiler (née Scheffler), who rented rooms in an apartment house the Katzenbergers owned and which was situated next to the firm's offices. Local gossips had for years claimed that Seiler and Katzenberger were having an affair.
, which made it a criminal offence for Jews and non-Jews to have sexual relations. Leo Katzenberger consistently denied the charges, as did Irene Seiler, who claimed the relationship between them was that of a father and daughter. The investigating judge initially concluded there was too little evidence to proceed with the case.
The investigation had however attracted the attention of Oswald Rothaug, a judge known for his severity and fervent support for Nazism
, who arranged for the case to be brought to him. He recognised the publicity such a trial would generate and saw it as a way to display his Nazi credentials and further his career. He sent out tickets for the trial to all the prominent Nazis in Nuremberg.
No conclusive evidence was presented during the trial that Katzenberger and Seiler had ever had an affair (Seiler had been Katzenberger's tenant since 1932), let alone that it had continued up until and during the war. The law at the time did not call for the death sentence for breaking the Rassenschutzgesetz. The normal sentence would have been a term of imprisonment of several years. However, the Volkschädlingsgesetz, a wartime law, allowed capital punishment
if one made use of wartime regulations such as the black-out to commit a crime. Based on a single eyewitness account that Katzenberger had been seen leaving the Seiler apartment "when it was already dark", Rothaug applied this law to pass a death sentence against Katzenberger.
d at Stadelheim Prison
in Munich
on 2 June 1942. Irene Seiler was found guilty of perjury
for denying an affair had taken place and sentenced to two years imprisonment—in accordance with Hitler's wishes, women were not charged under the Racial Protection Law, but could be charged with perjury or obstruction of justice
.
Even among some Nazi officials, the tenuous grounds on which Katzenberger had been sentenced to death caused disquiet. Oswald Rothaug was moved to a state attorney's job in Berlin
in 1943 because the Justice Minister considered him unfit to be a judge
. In 1947 he was placed on trial
by the Americans
, partly for his role in the Katzenberger trial, and sentenced to life imprisonment. He was released in December 1956, aged 59, and died in Cologne
in 1967.
The Katzenberger trial is an extreme case of how anti-Semitism
in Nazi Germany
distorted the justice system.
Show trial
The term show trial is a pejorative description of a type of highly public trial in which there is a strong connotation that the judicial authorities have already determined the guilt of the defendant. The actual trial has as its only goal to present the accusation and the verdict to the public as...
. A Jewish businessman and leading member of the Nuremberg
Nuremberg
Nuremberg[p] is a city in the German state of Bavaria, in the administrative region of Middle Franconia. Situated on the Pegnitz river and the Rhine–Main–Danube Canal, it is located about north of Munich and is Franconia's largest city. The population is 505,664...
Jewish community, Lehmann (Leo) Katzenberger, was accused of having an affair with a young "Aryan" woman, and on 14 March 1942 was sentenced to death. The presiding judge at the trial was later tried at the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
(see Judges' Trial
Judges' Trial
The Judges' Trial was the third of the 12 trials for war crimes the U.S. authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before U.S...
) and sentenced to life imprisonment. This trial later formed the basis of a subplot in the 1961 film Judgment at Nuremberg
Judgment at Nuremberg
Judgment at Nuremberg is a 1961 American drama film dealing with the Holocaust and the Post-World War II Nuremberg Trials. It was written by Abby Mann, directed by Stanley Kramer, and starred Spencer Tracy, Burt Lancaster, Richard Widmark, Maximilian Schell, Werner Klemperer, Marlene Dietrich, Judy...
.
Background
Together with his two brothers, Leo Katzenberger (born 28 November 1873 in Maßbach near Bad KissingenBad Kissingen
Bad Kissingen is a spa town in the Bavarian region of Lower Franconia and is the seat of the district Bad Kissingen. Situated to the south of the Rhön Mountains on the Franconian Saale river, it is a world-famous health resort.- Town structure :...
) owned a large shoe wholesale shop as well as some thirty shoe shops throughout southern Germany. He was a leading member of the Nuremberg
Nuremberg
Nuremberg[p] is a city in the German state of Bavaria, in the administrative region of Middle Franconia. Situated on the Pegnitz river and the Rhine–Main–Danube Canal, it is located about north of Munich and is Franconia's largest city. The population is 505,664...
Jewish community, and from 1939 was chairman of the Nuremberg Jewish Cultural Organization. He had a long-standing friendship with a young photographer, Irene Seiler (née Scheffler), who rented rooms in an apartment house the Katzenbergers owned and which was situated next to the firm's offices. Local gossips had for years claimed that Seiler and Katzenberger were having an affair.
The trial
Someone denounced Katzenberger to the authorities and he was arrested on 18 March 1941 under the so-called Rassenschutzgesetz, or Racial Protection Law, one of the Nuremberg LawsNuremberg Laws
The Nuremberg Laws of 1935 were antisemitic laws in Nazi Germany introduced at the annual Nuremberg Rally of the Nazi Party. After the takeover of power in 1933 by Hitler, Nazism became an official ideology incorporating scientific racism and antisemitism...
, which made it a criminal offence for Jews and non-Jews to have sexual relations. Leo Katzenberger consistently denied the charges, as did Irene Seiler, who claimed the relationship between them was that of a father and daughter. The investigating judge initially concluded there was too little evidence to proceed with the case.
The investigation had however attracted the attention of Oswald Rothaug, a judge known for his severity and fervent support for Nazism
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
, who arranged for the case to be brought to him. He recognised the publicity such a trial would generate and saw it as a way to display his Nazi credentials and further his career. He sent out tickets for the trial to all the prominent Nazis in Nuremberg.
No conclusive evidence was presented during the trial that Katzenberger and Seiler had ever had an affair (Seiler had been Katzenberger's tenant since 1932), let alone that it had continued up until and during the war. The law at the time did not call for the death sentence for breaking the Rassenschutzgesetz. The normal sentence would have been a term of imprisonment of several years. However, the Volkschädlingsgesetz, a wartime law, allowed capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
if one made use of wartime regulations such as the black-out to commit a crime. Based on a single eyewitness account that Katzenberger had been seen leaving the Seiler apartment "when it was already dark", Rothaug applied this law to pass a death sentence against Katzenberger.
The aftermath
Leo Katzenberger was guillotineGuillotine
The guillotine is a device used for carrying out :executions by decapitation. It consists of a tall upright frame from which an angled blade is suspended. This blade is raised with a rope and then allowed to drop, severing the head from the body...
d at Stadelheim Prison
Stadelheim Prison
Stadelheim Prison, in Munich's Giesing district, is one of the largest prisons in Germany.Founded in 1894 it was the site of many executions, particularly by guillotine during the Nazi period.-Notable inmates:...
in Munich
Munich
Munich The city's motto is "" . Before 2006, it was "Weltstadt mit Herz" . Its native name, , is derived from the Old High German Munichen, meaning "by the monks' place". The city's name derives from the monks of the Benedictine order who founded the city; hence the monk depicted on the city's coat...
on 2 June 1942. Irene Seiler was found guilty of perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
for denying an affair had taken place and sentenced to two years imprisonment—in accordance with Hitler's wishes, women were not charged under the Racial Protection Law, but could be charged with perjury or obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
.
Even among some Nazi officials, the tenuous grounds on which Katzenberger had been sentenced to death caused disquiet. Oswald Rothaug was moved to a state attorney's job in Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
in 1943 because the Justice Minister considered him unfit to be a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
. In 1947 he was placed on trial
Judges' Trial
The Judges' Trial was the third of the 12 trials for war crimes the U.S. authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before U.S...
by the Americans
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, partly for his role in the Katzenberger trial, and sentenced to life imprisonment. He was released in December 1956, aged 59, and died in Cologne
Cologne
Cologne is Germany's fourth-largest city , and is the largest city both in the Germany Federal State of North Rhine-Westphalia and within the Rhine-Ruhr Metropolitan Area, one of the major European metropolitan areas with more than ten million inhabitants.Cologne is located on both sides of the...
in 1967.
The Katzenberger trial is an extreme case of how anti-Semitism
Anti-Semitism
Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
in Nazi Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
distorted the justice system.