Berlin, 30th July 1930
KRISTIAN Amsel sat in the witness box, wearing the uniform of the Deutsche Reichsbahn-Gesellschaft. The blue peaked cap sat perfectly straight on his head, and the matching double-breasted jacket had its twin lines of brass buttons polished. Amsel was a stocky man with a thick, dark grey moustache which sat proudly across his top lip and pince-nez glasses perched half way down the bridge of his nose.
Deschler had warned Meyer that Amsel may be a difficult character to deal with. He would be immediately hostile to the questioning and defensive to any suggestion that Peter Vogel was not guilty of stealing his watch.
“You will need to approach the questioning of Kristian Amsel from a different perspective,” said Deschler, as Meyer checked through the notes he would be following.
“In what way, Herr Deschler? I have to get Amsel to admit that he didn’t see Peter Vogel take his watch or even notice that it was gone until Herr Vogel was past him.”
“Herr Meyer, you have managed to paint a perfect picture of the situation at the train station with your questioning of Frau Engel. You don’t need to push this point again until the end of your cross-examination. Treat Amsel as if he was your witness to the events, not as if he was the victim of theft, then, as you come to your conclusion, you need to turn your questioning around.”
Meyer’s eyes betrayed his misgivings about the way he would be able to change direction on the questions.
“Do you know where the word ‘orientation’ originates?” asked Deschler. Meyer shook his head.
“Maps used to be drawn with east to the top rather than north. North was to the left, west to the bottom, and south to the right. But east was at the top. The orient was the most important direction, and you would ‘orientate’ the map so that east sat at the top. Then at some point this was suddenly changed and north became the dominant compass point and was drawn at the top of the maps. Everything changed in the way people saw the world, and yet, they still use the word orientation to mean aligning something.
“This is how you must approach this cross-examination. You question him in the same manner as you did Frau Engel. You must try to get him to forget that you are the defendant’s lawyer. Then, near the end, you change the direction of your questioning. Bring out your ace, his war record, and then hit him with our trump card, the reason the watch chain was in Vogel’s pocket. He will still be seeing east at the top of the map but we will have changed everyone’s direction to see north instead. When he walks away from the witness stand today he should still be thinking of you as a friendly young man. He won’t realise what has happened until he has left the courtroom.”
A small laugh escaped Meyer’s lips. “You have a great deal of faith in my abilities, Herr Deschler.”
“And so should you,” replied Deschler.
Meyer smiled at Kristian Amsel. It was a smile that he had learned from Deschler and had practised at home in front of the mirror, much to Klara’s amusement. It was a direct copy of Deschler’s smile of lies.
“Thank you, Herr Amsel, for returning to the stand. I am only going to ask you a few questions to clear up some of the finer details about this case. I know you are a very busy man and can see from your uniform that you are very proud of your position as an inspector with Deutsche
Reichsbahn-Gesellschaft.”
Amsel returned an uncertain smile and nodded in approval of Meyer’s summation of his position. Amsel was certain that there could only be one verdict; after all, the thief had been found with the chain from his watch in his pocket. The lawyer’s client would have protested his innocence and despite his lawyer’s advice to plead guilty, he would have refused. Typical of that type.
“Herr Amsel, we have heard from others about the state of the platform as the train arrived in the station. Can you give us a brief account of what you found once the train had come to a stop and your professional opinion on this situation?”
Amsel relaxed. The thief’s lawyer and he were not that different. Both were professional men and had jobs to carry out. This young man could see it and he was sure that the jury would too.
“Yes of course,” started Amsel. “As the train approached I could see that the platform we had been allocated was half in length to what I was expecting due to works which were being carried out.”
“This was unexpected?”
“Yes, very much so. An outrageous turn of events. To have a
fully-laden train arrive at a platform which was unsuitable, I have never known such a thing.”
“Not even during the war?” asked Meyer.
“The war?” Amsel stumbled over his words.
“Yes, Herr Amsel. I have it here that you won the Iron Cross First Class. I assume that this was while working on the railway at the front?” replied Meyer, looking down at the piece of paper in his hand. Amsel sat in silence, slowly shaking his head. Meyer looked confused and picked up another piece of paper from his desk and smiled.
“My apologies, Herr Amsel. I was looking at Peter Vogel’s war record. I seem to have misplaced yours. Were you with the railway during the war?”
Deschler hid a smile behind his hand. He was impressed with Meyer. He had managed to do what he had asked him to. Amsel’s war record would prejudice the jury against him and Meyer had introduced it in such a way as to make it look like an error on his behalf.
Amsel visibly swallowed. “No, I was in the navy.”
“Ah yes, Herr Amsel, I remember my notes now. You are from
Alsace-Lorraine and, because of the French influence there, the Kaiser sent Alsatians either to the eastern front or to the navy. You must have been involved in the Battle of Jutland when we gave the Royal Navy a bloody nose?”
Once more, Amsel shook his head slowly. “No, I...” he trailed off before quickly stating, “Times were different then, the war was already lost and the Kaiser...”
Meyer interrupted. “You mean the mutiny, Herr Amsel? My apologies again, I was not aware that you were involved.” Then, before Amsel could say anything further, Meyer continued with another question.
“Herr Amsel, once the train had come to a stop and you realised that the platform was blocked can you tell me, as the most senior member of staff aboard that train, what your actions were?”
Amsel felt relief that the questions had shifted back to the issue at hand. This young lawyer had made a mistake and had done everything he could to reverse it and stop any further embarrassment for him. He did indeed see a fellow professional sitting in front of him. Amsel sat up straighter in his seat and started his explanation of the various steps he had taken to keep his passengers safe and ensure that the train’s next departure happened on time.
“First of all, I inspected the works on the platform, which were cordoned off all the way up to the doors of the train. This, of course, was unacceptable, and I fetched the station master. Together, we moved the cordon so that a reasonable amount of space was available for the passengers to safely disembark from the train.”
“Can you tell me how long this took?”
“It was twenty-two minutes before we could allow the doors to be opened,” replied Amsel.
“That is very precise, Herr Amsel. Did you keep a check on the time with your now-missing watch?” asked Meyer, carefully making sure he did not use the word stolen.
“Yes, that is correct.”
“Once the doors were opened and the passengers left the train, how would you describe their behaviour?”
“Most left the train and made their way along the platform in an orderly manner. However, there were some who were pushing through. Typical, of course. There are always some who think that they are more important than others and everyone should get out of the way for them.”
“And can you tell the court where you positioned yourself to oversee the disembarkation of the passengers?” asked Meyer, allowing Amsel to champion his standing in his capacity as inspector.
“Yes, I stood at the far end of the train on the footplate of the end carriage. From there I could see the passengers as they left the train. Safety, in my mind, is paramount, and I wanted to be able to spot any difficulties as soon as they occurred.”
“That is very commendable, Herr Amsel. And was the train due to leave again for a further destination?”
“Yes, the train continues on from Berlin to Hamburg, although the back three carriages are attached to the Dresden train and head south,” replied Amsel, confidently.
“You had already spent over twenty minutes clearing the platform for the passengers, and it must have taken longer than usual for them to leave the train. Was the train running short of time? Was it going to be late in leaving?”
“I was confident that the train would leave on time. Trains under my authority never run late.”
“But the train was late in leaving that day, Herr Amsel.”
“Ah, but that was because of the watch...” Amsel was interrupted by Meyer, carefully trying to keep the word ‘crime’ or ‘theft’ from being spoken.
“You kept an eye on your watch of course, to attempt to keep the train’s departure on time?”
“Yes, of course.”
“And you were on the footplate of the carriage the whole time?”
“No. I stepped off when I could see the last of the passengers leaving the carriages.”
Meyer nodded and flicked through his papers. “You must have been in the direct path of those passengers still walking along the platform.”
“Well, yes. But I kept my hand against the train to keep me steady.”
“You were facing up the train?” Amsel nodded. “So that would have been your right hand?”
“Yes, I suppose it was.”
“Are you left-handed, Herr Amsel?”
“No, I am right-handed.”
“So you keep your pocket watch in your right-hand waistcoat pocket?”
“Yes, that is correct.”
Meyer paused. He wanted the jury to take this information all in. It was going to be the crux of his case.
“So, Herr Amsel, you wear your pocket watch in the right-hand pocket of your waistcoat, which is connected by its chain through a buttonhole, and the fob sits in your left-hand pocket?”
“Yes, that’s right.”
“And this is under your blue uniform jacket?”
“Yes, of course.”
“I am sorry Herr Amsel, I am trying to understand how, if you are
right-handed but you were steadying yourself against the carriage with that hand, how you managed to use your watch?”
“Well, I can quite easily reach my right-hand pocket with my left hand,” replied Amsel, smiling.
“Yes, I do understand that, but you would need to keep your jacket unbuttoned and tucked around your side so you could retrieve your watch, is this not the case?”
“Yes, that is exactly how I did it.”
“And you were steadying yourself against the train because...?”
“As the passengers were passing me I was being buffeted to a certain extent.”
“You were being inadvertently pushed by passengers as they passed you, so you had to steady yourself against the train with your right hand, only leaving your left hand free to use your watch, but you had to keep your uniform jacket open to access your watch?”
“That is correct.”
“Did you have your watch in your hand the whole time?”
“No, of course not.”
“So you would check your watch and then return it to your pocket?”
“Yes.”
“Do you remember seeing Herr Vogel in the crowd that was passing?”
“No, but...”
Again, Meyer cut him off.
“That is okay, Herr Amsel, we have had an excellent witness statement which places Herr Vogel right next to you on the platform.”
Amsel smiled. He had been beginning to wonder if this lawyer had forgotten that they shared a professionalism. Now, even though at the time he had not noticed the thief, this lawyer had put him right next to him.
“That witness has also confirmed the police report on what Herr Vogel was wearing that day. It had been cold that morning and Herr Vogel had chosen to wear his service greatcoat,” explained Meyer. Then he turned to the jury, while keeping his eyes on Amsel. “This greatcoat is of a
double-breasted style and sports large brass buttons in a twin line down the front. Frau Engel explained that Herr Vogel had to push past Herr Amsel, who was standing next to the train carriage with his jacket open, revealing his waistcoat and leaving his watch chain clearly on display.”
Meyer then asked the judge if he may approach the bench.
“I would like to demonstrate something to the court, which will require the aid of my assistant, Herr Deschler.”
The judge took a moment and then agreed, warning Meyer that any prolonged theatrics would be frowned upon. Meyer assured him that it would only take a moment but would demonstrate to the court what he believed had taken place that day.
Meyer hurriedly pulled on an old German Imperial Army greatcoat, while Deschler pushed himself up on his stick, limped over, and stood in front of the jury bench. He pulled his jacket to one side, revealing the chain of a pocket watch strung through his waistcoat buttonhole.
“If it would please the court, I would like to demonstrate what happened at the moment Herr Vogel passed Herr Amsel,” announced Meyer. Meyer slowly walked towards Deschler, who had removed his watch from his right-hand pocket with his left hand.
“Herr Vogel was pushed along with the crowd towards Herr Amsel. Directly behind Herr Vogel was Frau Engel. She states that the closer the crowd got to the end of the platform, the closer the crush became.”
Meyer stood directly in front of Deschler, who had replaced the watch in his pocket. He gave the jury a second to take in and understand what he had shown them so far before explaining further.
“Herr Vogel was pushed up against Herr Amsel, and to get past him, he turned.”
Meyer stepped right up to Deschler, so that his greatcoat and the waistcoat met, and then turned on his axis. He looked down between the two items of clothing.
“As you can see, the buttons on my greatcoat have now caught the watch chain.”
The members of the jury peered between the two lawyers, and once
the majority of them had nodded and sat down again, Meyer continued the demonstration.
“When Herr Vogel turned, if you would care to observe, the watch chain was pulled by the coat button, which in turn pulled the watch from the pocket.”
Meyer turned round further. The men on the jury peered carefully at the watch chain as it was pulled by the coat button and, as Meyer had stated, pulled the watch from the pocket.
“Now, I would like the members of the jury to be extra vigilant while I recreate the final move which Herr Vogel was forced to take with the sheer weight of the crowd behind him.” The jury visibly sat forward, and some stood up to follow Meyer’s instruction.
“Herr Vogel, with Frau Engel behind him, was forced past Herr Amsel. This broke the watch chain and, if you witness what happens when the watch chain pulls the watch up to the buttonhole...” Meyer left the sentence unfinished. He pushed all the way past Deschler, the chain pulling the watch against the buttonhole until the chain snapped and the watch fell to the floor.
“I suspect that Herr Amsel’s watch fell onto the platform and then may have rolled onto the track, or was perhaps picked up by someone else, not stolen by Herr Vogel,” explained Meyer.
“But the chain, it was found in his pocket!” declared Amsel from the witness stand.
“Herr Amsel, please, I will not tolerate any outbursts in this court,” reprimanded the judge.
Meyer had not finished. He still had the final explanation of how the chain arrived in Vogel’s pocket. Either it would work or it would fail. Either the jury woul
d believe it, or it would seem too unbelievable. It was a chance that he and Deschler had discussed, and it was a chance that they had decided they would have to take. After all, the only other explanation was that Vogel had stolen or attempted to steal Amsel’s watch.
Meyer and Deschler had not moved since the demonstration of how the watch was pulled from Amsel’s waistcoat. Now, Meyer slowly walked away from Deschler, causing the chain and the fob to be pulled from the pocket to hang on the button.
“Herr Amsel is correct. How did the watch chain end up in Herr Vogel’s pocket? As Herr Vogel pushed past Herr Amsel and the watch chain was broken, the majority of the chain was hooked around the button on the coat. As he walked away, the full chain, including the fob, went with Herr Vogel. Now, on these army greatcoats you can see that there is a deep seam around the cuff, to give it a turned over appearance. Herr Vogel had his arm held at chest height above this button to buffer himself against the man in front, and when he passed Herr Amsel and was out into a relatively open space he brought this arm down and...” Once again, Meyer stopped the explanation and focussed the jury on the demonstration. Meyer moved his arm down, catching the fob on the cuff seam and placed his hand in his pocket.
The chain slipped into his pocket like quicksilver.
It took the jury less than thirty minutes to return their verdict; not guilty.
A Murder in Auschwitz (Sampler) Page 17