As darkness fell on the first night all those who had survived the march so far huddled together by the roadside just outside a small village. I remember even our guards were beginning to realise that the end was near. I had noticed during the day that some of the SS officers exchanged their clothes for Wehrmacht uniforms and were gradually disappearing into the night. I have no idea what the time was, it was still very dark, when two German inmates I recognised as Kapos Gurt and Elsie Heidmann woke me and those immediately around me. They pointed to the place where the other guards were meant to be watching over us. There was no-one there. Gurt slowly crawled away from us towards the road. No-one stirred. When he returned, he beckoned us to follow. Gurt was still very strong and carried my friend, Tobias Greenbaum, who I had been helping along. Fearful that if we stopped that would be the end for both of us. Quietly and slowly all eight of us disappeared into the darkness away from the village into open countryside. When we were far enough away from the Germans, we settled into forest of pines. I remember the smell was beautiful. Gurt and Elsie left us alone for several hours and to our delight returned with food and water. Nobody asked where it came from, nobody cared, it was our first sustenance for a day and a half, and we were just so grateful.
When darkness fell the next night, Gurt and Elsie led us through the forest. I could tell we were heading west as the sun had set and there remained a red glow on the horizon. After several hours, Gurt could see that Tobias was getting weak again and hoisted my friend onto his back and we continued until dawn. We were trying to avoid roads and rail lines, following cart tracks. One led to a small clearing surrounded by farm building. Gurt ordered us to remain hidden while he approached the main house. What we didn’t know then was that a majority of the German-speaking population of Upper Silesia had fled leaving us with coats and boots to wear and food stocks.
Over the next week we began to recover our self-esteem and gain some strength. Later that night, Elsie shook me awake and put her hand over my mouth. Somewhere below us we heard the movement of an intruder. Elsie pulled on her coat and was followed by Gurt. I watched from the landing as the torch beam from kitchen flickered through the open door. Elsie straightened her coat and put her hands through her hair and approached the kitchen. Gurt remained in the shadows and followed her to the door. She pushed it open and stood there momentarily. A cry of horror echoed in the still night air and she ran back into the next room, tripping over the rug saved her life as a gunshot tore through the air splintering the panelling behind her head. I then heard a thud and saw an SS officer fall to the ground motionless. Gurt had hit the man with something. Blood from a head wound glistened on the stone floor by the rug. Another shot rang out and then another as the second SS officer stumbled and fell. By now all of us were awake and clambering out of curiosity down the stairs. We watched as Gurt checked both men. They were dead.
In the darkness that covered the courtyard, we dragged both corpses into the car that had woken Elsie earlier. Gurt got into the driver’s seat and disappeared into the night. He never talked about what he done but on his return several hours later, I could smell petrol on him. Well before dawn, we packed our rations and moved further west passing deserted houses and farm buildings along the way. Just as the sun started to cast its yellow beams across the earth, we stopped to rest in a barn.
The roar of the jeep’s engine as it sped into the farmyard, woke us all at the same time. It was followed by a covered wagon out of which four armed soldiers jumped. We had no idea at first who they were, but we all recognised the small British Union flag flapping in the breeze on the jeep and there was a tangible air of relief as Gurt opened the front door.
Four machine guns were trained on him as he raised his arms high above his head.
‘Wer bist du?’ shouted the officer.
Gurt pointed to his left arm and pulled down the sleeve of his jacket. The officer immediately relaxed.
‘Es gibt andere in,’ said Gurt pointing inside and holding up his fingers to indicate seven.
‘Kommen, es ist OK,’ shouted the officer. ‘Englisch sprechen.’
I nodded and stepped forward.
‘I am Captain Stuart Campbell, from the Supreme Headquarters Allied Expeditionary Force
There was a gasp of surprise that echoed around the Court at the mention of the Captain’s name at this point. Inspector Smith continued the narrative, unmoved by the noise.
‘Are you all from Auschwitz?’
‘Yes.’ I rolled up my left sleeve and gestured to the others to do.
‘We found the burnt-out wreck of a German car not far from here. SS, I believe. Know anything about it?’
Silence, no-one said a word.
‘Right. You better come with us.’
We were asked to get in the lorry and driven several miles west to a makeshift camp. The British officer explained to us that combat operations, ethnic cleansing and the fear of genocide had uprooted millions of people from their homes all over Europe. The army estimated that between 11 million and 20 million people were displaced. The many, like us, were inmates of Nazi concentration and labour camps and the prisoner of war that were freed by the Allied. We were the lucky one to be picked up by his men as in portions of Eastern Europe, both civilians and military personnel fled their home countries in fear of advancing Soviet armies, who were preceded by widespread reports of mass rape, pillaging, looting, and murder.
It was clear to all eight of us that we were now facing an uncertain future. Allied military and civilian authorities faced considerable challenges resettling us. He explained that DPs (Displaced Persons) like us would be sent to their original homes. As we were all German citizens before the war, our situation was simpler than most but for some Germans where the border was splitting our homeland into East and West, their future was very uncertain and often dangerous.
I and Tobias Greenbaum remained at the camp until in 1949 we were given passage to the newly formed State of Israel. Captain Campbell interrogated all of us. He seemed interested in Gurt and Elsie Heidmann and I told him that without their protection, help and encouragement in the last days. None of us would be alive now. I don’t know what happened to them as they left the camp well before we did.
Signed Ifran Klein.
‘Thank you, Inspector.’
In cross-examination, Sir Martin Grevelle, approached Inspector Smith with the police investigation file.
‘Forgive me for being a little sceptical but I have been privy to many such murder cases as this and I would have expected to see a great deal more evidence gathering, Inspector. What do you have to say?
‘Sir, can I say that the substantial evidence from the Coroner’s court led me to the conclude very early on that as there was no description of the assailant, no murder weapon, no ballistics to match, no finger prints, no DNA available, we were at a dead end almost immediately.’
‘A perfect murder then?’
‘Yes, I suppose you could say so.’
‘But for the fact of all the circumstantial evidence point to you. You had motive, opportunity, no alibi, owned a Walther P38 at some point, had Dr Solomon under surveillance and, I my view, didn’t investigate the case thoroughly.’
‘I didn’t murder Dr Isaacs, Sir.’
With that, Sir Martin Grevelle sat down.
Sir David turned to Mr Justice Davey.
‘Your Honour, I would like to call Captain Campbell to the stand, with your leave.’
The Jury looked towards where Captain Campbell was seated and watched him rise and walk to the witness box.
‘You have heard the written evidence recited by my client from Ifran Klein. This document comes from an impeccable source and I am sure you would not want to question the Wiesenthal Centre’s authority in these matters. Do you agree?’
‘No. I wouldn’t presume to do so.’
‘Good. So, your notes make no mention of conversations with Mr Klein concerning the exploits of Gurt and Elsie Heidmann. Why is that?�
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‘Well, my instructions were to gather evidence for the War Crimes Commission. As you will already appreciate from what you have heard in this courtroom, the situation that confronted the British and Americans was chaotic. We were dealing with millions of displaced persons and those Germans who fought against us trying to return to their homeland, some disguised other not.
‘I was fortunate to meet with the late Solomon Isaacs. Solomon was a remarkable man with a prodigious capacity for total recall of events. The evidence he gave us relating to events in Auschwitz including detailed descriptions of the Commandant, SS officers and staff resulted in the apprehension of men who were directly responsible for many atrocities there. Many others corroborated his evidence. I had no doubt that he was telling the truth.
‘That said, I also have no doubt that what happened to Ifran Klein and the others took place in their immediate escape from certain death on that march and the Gurt and Elsie Heidmann did all they could to remain alive. However, you have not considered the important point here.’
Sir David stood and approached the dock and looked Campbell straight in the eye.
‘And what important point am I and my client missing?’
Captain Campbell looked away from the stare and fixed his eyes on the Jury.
‘Like many camps in Eastern Poland, instructions came to destroy them and remove the prisoners that had survived. It was a hopeless task in Auschwitz. There were too many bodies dead and alive. It was at this point that Kapos Gurt and Elsie Heidmann were again afraid for their lives. They no longer had the protection of the SS and German camp guards. You have to remember they were Lagerpolizist (camp police) with armbands to identify their station within the camp. When I interviewed them, they were dressed in their camp clothes. Gone were their armbands but they were better nourished than the others. I found this suspicious. I had previously interviewed a woman who told me that it was tempting to become a Kapo but to push around their mates, to spy on them, to denounce them for extra rations and other perquisites, was not something her conscience would allow. She’d rather die than live without integrity. It was at this time that I realised that whatever Mr Klein told me in 1945 confirmed my suspicion that again Gurt and Elsie Heidmann had made another pact with themselves.’
‘And what pact was that, Captain Campbell?’
‘To survive at any cost. They were now just Jewish prisoners once again. None of the other six men, we captured at the farmhouse, knew the Heidmann until the march. They were under the control of other Kapos not Mr Heidmann. They never witnessed their criminal behaviour in the camp.’
‘So, you did not consider any mitigating circumstances in passing sentence?’
‘You think it was I who passed sentence. I am sorry but you are sadly mistaken. I was accountable to a tribunal of senior officers from the American and British Armies of Occupation. Do you mind showing me those copies that your client said he received mysteriously through his letterbox?’
Captain Campbell examined the manuscript part carefully under the heading “recommended action”.
‘Is that your handwriting, Captain?’
‘Yes, it is.’
‘So, based on your submission of the evidence of Mr Solomon Isaacs alone and no other information, the tribunal sentenced my client’s parents to death.’
‘There was other collaborative evidence so as the interrogating officer, I merely wrote down the tribunal’s final recommendation. In any event, may I remind you that it is your client, not me, who is on trial for murder,’ said Campbell with vehemence in his voice directed at Defence Counsel.
The Jury appeared to have some sympathy with Captain Campbell and after he had recovered his composure again and taken a sip of water, he noticed a new face appear through the court entrance door and wave a piece of papers at him. Captain Campbell turned to the Judge.
‘I appreciate that this may be unusual, but last evening I took advantage of the time and telephoned my old intelligence section now part of MI5. I do believe that my request for information has just arrived by messenger. I have no idea of the results, your Honour but ask that you read these papers?’ he beckoned the messenger forward and two sets of papers were handed to Mr Justice Davy before anyone could object. Both barristers were on their feet ready to object to this strange turn of events.
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Mr Justice Davey asked Prosecuting and Defence Counsel to approach the bench. He handed a copy each to them. The silence around the Courtroom was tangible whilst the next move was anticipated.
Sir David Thornfield walked to his client and showed him the new evidence. A whispered conversation took place. If anyone was close enough, they would have heard Sir David advise his client that the Judge would insist that the papers were a vital part of the case and there would be no point in objecting. They would also have heard that Sir David, if his client was convicted, would appeal and call for a mistrial. Their attack on Motive was bearing fruit by pure chance. Inspector Vernon Smith tried hard to conceal a faint smile that passed over his face.
Turning to Prosecuting Counsel, ‘If you have no objection, Sir Martin, I propose that we let Sir David read this to the Court for the Defence.’ Knowing that the Prosecution case could not be prejudiced, Sir Martin Grevelle concurred with a nod of the head and sat down.
‘Captain Campbell, can you remain in the witness box but please be seated.’
The jury now focussed attention on Sir David as he stood facing them, his half-moon glasses perched precariously on the bridge of his nose. He began to read slowly and deliberately pausing now and again to ensure that none of this evidence was missed.
This is the transcript of an unofficial Report written by the Allied Forces Intelligence Agency (AFIA) in Munich on the 26 July 1946. It has been collated by members of the Agency who were employed to oversee that the International Committee of the Red Cross were assisted in documenting the treatment of German citizens and prisoners of war. By far the greatest number who have died in captivity were held by the Soviets. We are unable to give an exact figure, but the numbers indicate many hundreds of thousands. It is not without regret that some of those were handed over by the British and American armies whilst in their care.
Sir David read the addendum before continuing with the transcript. There was a note attached to the papers explaining that of the thousands of names that were recorded as handed over to the Soviet Army of Occupation, they have been edited out for the sake of brevity.
For example, two German Jews, Gurt and Elsie Heidmann were held by the British pending execution for the part in crimes at Auschwitz. On the 29 September 1945 a small delegation from the NKVD (State Security Police) submitted to the AFIA a demand for the release to them of several hundred prisoners. Each name had a resume of charges against it. Their request was accepted and two days later a convoy of lorries arrived at the camp and took the prisoners away.
Sir David returned to his desk and picked up the papers to continue to examine Captain Campbell’s evidence.
‘Captain Campbell, did you know that the death sentence was never carried out by the British?’
‘No. I was unaware, until now, that your client’s parents became Soviet prisoners. I had assumed that the sentence was carried out.’
As Captain Campbell walked away from the witness box. Mr Justice Davy suggested that the court adjourn until Monday morning.
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Sir Martin Grevelle and Sir David Thornfield entered Mr Justice Davy’s chamber at 9 am on the Monday morning. Sir Martin had requested the conference.
‘Martin what is going on?’ said Jeffrey Davey. In the privacy of the Judge’s chambers, it was first name terms, all formality forgotten.
‘Well, Jeffrey, I have been discussing this case with David over lunch yesterday. I received a telephone call from the Prosecution Service late on Friday evening after we adjourned. It seems that
we have a new witness who to date had been reluctant to come forward for personal reasons and ill health. I have given a copy of the evidence taken by the police to David.
‘David, what do you have to say?’
‘Too say the least, Jeffrey, it doesn’t help my client’s case and initially I was going to ask you to deny Martin’s application to call this new witness. However, on reflection and after yesterday’s discussion with Martin, we both think that justice will be best served by further disclosure and that it will bring closure to this very sorry matter.’
‘On that basis, gentlemen, I will read the new papers and will make up my own decision bearing in mind your joint views. I assume Martin that you will ask the usual permission once we are in open court and that you will object, David.’
They both nodded and left Mr Justice Davy to relax in his armchair with the bundle of new evidence.
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The main court door opened, and the Usher assisted an old man with walking stick, immaculately dressed in dark grey suit with white shirt and blue tie, as he made his was slowly to the witness box.
Nadine gasped aloud as she saw Captain Bron take the stand and held Stewart’s hand in a vice-like grip.
After swearing to tell the truth, the whole truth and stating his name clearly for all to hear, the witness asked if he could be seated.
‘Why, may I ask, did you feel obliged at this late stage to come forward and talk to the police?’
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