by Pirate Irwin
Steiner was not a little taken aback at the aggressive tone of the senior law officer and a fair bit irritated at their assumptions. Despite his protestations to the contrary, he received a dismissive wave of the hands. “Let’s see, Steiner, your so-called impressive array of witnesses so far have included a homosexual civil servant, a prostitute and a convicted murderer, who also just happened to be in the Gestapo. Yes, the jury, I am sure, have been bowled over with their integrity. Just please tell me you have a witness up your sleeve that can redress that balance, because so far it appears that, incredible as it may sound, Stuart is the most attractive of the quartet, and he is the one on trial, for God’s sake!” exclaimed Kilmuir in exasperation.
Steiner frowned, and wandered over to his drinks cabinet and poured himself a large gin and tonic, before yelling from his doorway to Ellison to bring him some ice. After his unfortunate clerk had brought it and left the room, Steiner took a sip and settled himself behind his desk. “I don’t think you see the point, sir. Whatever their lack of morals, it has been proven that Stuart did indeed wear German uniform and thus the jury cannot find him anything but guilty.”
“Yes, but extenuating circumstances such as threatening him with his life and joining the resistance may also have an impact on the jury, particularly given the characters of those testifying against him,” replied Kilmuir acidly.
Steiner gave him one of his vulpine smiles revealing his thin razor-edged teeth. “I don’t think the resistance defence is going to stand up for much longer, sir,” he said confidently.
“Why is that?”
“My last witness will conclusively end that fantasy of Stuart’s and effectively cast him to the wolves,” said Steiner smugly. A few minutes later Kilmuir left the room in a much better frame of mind than he had entered it, for the name of the witness to come had satisfied him that Steiner did indeed have the ace up his sleeve he required to finish off Sebastian, no matter how hard he tried to wriggle his way out of it.
CHAPTER TWENTY
Fabian von Schlabrendorff entered the courtroom and nearly gave Sebastian a heart attack. He recognized him instantly for while he was greyer, he still had the narrow face and sallow look that he had last seen when they stepped off the plane at Templehof airport following their clash at the Wolf’s Lair. He could tell that his part in the resistance was going to be severely questioned and unlike the previous witnesses, von Schlabrendorff had exemplary credentials. He must really have a burning hatred for me, that is for sure, mused Sebastian. He did not even want to look at Steiner, as he knew he would be smirking at the discomfort and general helplessness he was feeling at that moment.
“Will you please state your name for the court, please.”
“Fabian von Schlabrendorff.”
“And what was your rank and duties during the war?”
“I was a lieutenant on the staff of Field Marshal von Kluge’s Army Group Centre based on the Eastern Front.”
“However, you were employed in other duties as well, weren’t you?”
“Yes, I was a member of the resistance cell in that headquarters, which was led by Colonel Henning von Tresckow, to whom I was adjutant.”
“And did you have occasion to come across a Captain Rupert Murat?”
“Yes, I did,” replied the neatly dressed von Schlabrendorff, curling his lips to register the distaste on hearing that name.
“And is he here in this courtroom?” asked Steiner, to which von Schlabrendorff pointed at Sebastian. Steiner took the witness through their respective duties and his impressions of the defendant which, as he expected, were none too favourable, emphasizing that their efforts to secure von Kluge’s acquiescence in the plot were hindered by Murat’s insubordination, which put their target into such bad moods he wouldn’t countenance their overtures.
“Do you think this was a deliberate ploy by the defendant? To sabotage your efforts to secure the help of one of the most powerful marshals in the Wehrmacht?”
Von Schlabrendorff twisted uncomfortably in the box. “I gave that some thought over the years, but I just think it was part of the defendant’s character. That was to be a nuisance and to have no respect for his superiors. He always thought he knew best. I can say that it could be interpreted that way but I have my doubts as to his being that calculating,” replied von Schlabrendorff, to which Sebastian nodded his appreciation for the honesty of his answer.
“The end result was that he was dismissed?”
“Yes. But it was too late by that stage to get von Kluge’s assent and in any case he was to be transferred himself soon afterwards.”
“Could you tell the court, please, the sequence of events following his dismissal.”
Von Schlabrendorff related the placing of him on the aircraft and the bottle of brandy being used as an explosive device and how he had followed Sebastian to the Wolf’s Lair to ensure the bottle wasn’t discovered.
“What was his reaction when he found you in his room?”
“He launched himself at me, accusing me of trying to murder him and how could I be so callous.”
“What did you reply?”
Von Schlabrendorff gave one of his sardonic smiles and answered: “I said that sadly his importance to us was superseded by the fact a certain Adolf Hitler was on the plane.”
That drew laughter from the court, with even Steiner joining in and Mainwaring too cast a humorous if not unfriendly look at the defendant.
“Was that the last you saw of Murat?”
“Well, I bade him farewell at the airport and never saw him again, though I caught a glimpse of him at the interrogation centre in Berlin following the collapse of the plot.”
“You were with von Tresckow just before he committed suicide?”
“Yes. Unfortunately such a man as he could have served Germany so well, but felt he had no choice but to take his own life,” said von Schlabrendorff sadly.
“Did he say anything about the defendant prior to his walk out into no-man’s land?”
“Yes.”
Sebastian had been drumming his fingers on the ledge of the dock, as he had heard nothing really new, but this certainly was and he feared what it could be as Steiner certainly wouldn’t introduce it if it was good news.
“He said, ‘Pity Murat wasn’t made of stronger stuff. I misjudged him, the weak bastard. Had I not been so understanding with him and von Kluge we could have succeeded.’ Then he drily drank a toast to those two with the brand of cognac that had been in the bottle on the flight, embraced me and minutes later I heard an explosion out in no-man’s land,” replied von Schlabrendorff tearfully. Steiner paused for a minute to let the witness recover.
“One more thing before I cease my examination, Herr von Schlabrendorff. I know you were not present in Berlin on the momentous day of the plot so you cannot comment on the behaviour of the defendant. However, in your opinion, as you were one of the main conspirators and would have heard reports back of how people measured up as the failure became apparent, would you consider that you had the full and unqualified support of the defendant, in his persona, as the by now promoted, Major Rupert Murat?”
Von Schlabrendorff shook his head vigorously.
“No. I know he went to Flossenburg, but to my knowledge his support for the coup faded as soon as it became clear it had failed. Murat or Stuart wouldn’t know how to be loyal to a cause. The only thing he is interested in is getting himself out of trouble by attaching himself to the tailcoats of those he thinks are in the driving seat. It was not only Henning who made an error in trusting him, I think there are a lot of people both English and German, who would be regretting doing so. Sadly, most of them are dead because of that misplaced faith. I, at least, am here to set the record straight on their behalf.”
Steiner thanked him profusely, indeed he might have done because von Schlabrendorff had, as always, done an honourable and honest job without straying from the truth and given Sebastian a near impossible task to swing the pendulum back his w
ay.
“Do you consider yourself a traitor, Herr von Schlabrendorff?” asked Sebastian.
Von Schlabrendorff seemed taken aback by the bluntness of the question but smiled bitterly back at the defendant.
“I don’t, no,” he replied firmly.
“That is no, or it is that you don’t know?” flashed back Sebastian, who saw his only path to redeeming himself from the testimony just given by unsettling the witness.
“That is a no. Don’t be so stupid, Murat,” replied von Schlabrendorff scathingly.
“So you consider actively plotting against the regime you served was not a traitorous act?”
“Yes. When you take into account the evils they were perpetrating in the name of Germany, I think that any reasonable human being would have rebelled against such a regime,” he replied evenly.
“Yes, but the fact is that you were still part of a group who were plotting to bring down the regime that was leading you and the whole of your country in a war that in the end came down to its very survival. Don’t you think that you should have shoved aside your moral considerations and fought the damnedest to at least preserve Germany’s borders?”
“We considered that some things were more important than the future of the country, particularly if Germany was to remain in the hands of Hitler and his cronies after the war.”
“Yes, but the simple fact is that you were a serving German army officer and therefore your first allegiance was to Germany, no?” asked Sebastian tersely.
“Yes, of course.”
“So then, you were in the narrow definition of the term traitor, just that.”
“I suppose, but at least I didn’t don another uniform,” he replied acidly.
“Point taken, but then you were never given the stark choice between life and death were you?”
“No, but we faced it from all sides every day of the war, whether it be from spies within the staff or the Soviets.”
“As did I for a while, no?”
“Yes,” replied von Schlabrendorff truculently.
Sebastian smiled, happy at the reluctant response.
“How, for instance, are you viewed now, you unhappy few if I could bastardise Henry V, that survived the bloodbath afterwards, by the remainder of your comrades you were fighting alongside and living this double life?”
“Most are antagonistic, some are more sympathetic, declaring they wished they had had the resolve to join us and do something when it was appropriate.”
“Someone like Field Marshal Erich von Manstein for instance, whose staff you and von Tresckow served on after von Kluge departed, how does he view you?”
“I have not had occasion to see Herr von Manstein since, but I believe his cowardly moral stance remains that he would have joined us if we had been successful. It is a shame that such a titan of military strategy should be a pygmy when it came to moral conduct,” sneered von Schlabrendorff.
Sebastian sighed deeply and wagged his finger at the witness.
“Wouldn’t you admit that at that point von Manstein was keener on rescuing what he could from the rampaging Soviet Armies and thought your ideas of removing Hitler were an unnecessary sideshow?”
“He did make that comment, yes.”
“And don’t you believe that like all good generals he felt more responsible for all his men and not just some minority cadre within his own staff, who if they failed could take him with them and then his hopes of rescuing his men would end in disaster?”
“Perhaps, but von Manstein is a cold man and I don’t think he saw his men as his ultimate responsibility. He just saw personal aggrandizement as his goal and I also think that being Jewish of origin made him an even more devoted adherent to the regime.”
“Did Hitler know he was Jewish?”
“I think he may have done. But I don’t see what that has got to do with your case, Murat. Why, on your visit to Rastenburg, did you plead for the Field Marshal’s career and life?” commented von Schlabrendorff sarcastically.
“That is uncalled for. Tell me, why have you written out my part in the conspiracy with such a dismissive manner?”
“Because that is how I feel about it. You may indeed have participated in certain parts of it but I really don’t think you had your heart in it.”
“So I hold a gun to Fromm’s head and stay as long as I am advised is safe in the Bendlerstrasse and only get away thanks to the charity of an army colonel, and you consider my efforts half-hearted?”
“We have your word only for that,” replied von Schlabrendorff drily.
“Yes, well, unlike you or I, sadly the rest won’t be able to join us as they are dead. Given my account were true, would you then concede I had done my utmost to help the plot succeed?”
“If it were true, yes I would,” he replied grudgingly.
“Thank you, Herr von Schlabrendorff,” said Sebastian, and made as if he was releasing the witness from his interrogation before theatrically halting him from leaving the box. Von Schlabrendorff groaned and remounted into the centre of the witness box, taking off his glasses and breathing on them heavily before flamboyantly pulling out his kerchief from his top pocket and wiping them clean.
“Is the witness, ready?” muttered Sebastian somewhat impatiently, to which he received a curt nod.
“There were numerous Communists within the plotters’ circle, weren’t there?”
Steiner leapt to his feet and objected loudly.
“I do not see the relevance of this question; it has absolutely nothing to do with the defendant’s personal case.”
Mainwaring nodded and looked at Sebastian for an answer.
“If it please the court, this line is relevant and will become clear soon enough. I just ask for some leeway, M’lud,” replied Sebastian in as sincere a voice as he could muster.
To his relief, Mainwaring gave his assent and he indicated to von Schlabrendorff to respond to his question.
“Yes, but I would hardly call the plotters a full circle as we were made up of many disparate groups and ultimately that was one of our failings, too many people arguing for different solutions,” he replied.
“And where would you put yourself, as part of the army group or in a political cadre?”
“Why army, of course,” he sneered.
“Of what political persuasion was von Tresckow?”
“I have no idea. He was part of the army; we were not allowed to have political ideals,” answered von Schlabrendorff in a dismissive tone.
“Really. Don’t you recall him espousing what one would have to term almost Bolshevik type rhetoric some nights when the three of us were drinking cognac?”
“Yes, but I think that was just the drink talking. I mean, Henning never had the habit of discussing politics until you arrived,” he sneered.
“How funny. All of a sudden I arrive and I inspire him into a whole new phase of life at the age of 40. I think you are trying to pull the wool over the court’s eyes, Herr von Schlabrendorff,” commented Sebastian sardonically.
“You can think whatever you want, Murat, but I don’t think sarcasm is best served when talking about a hero who died for a just cause.”
“Very touching. Now I know you and von Tresckow were great friends but I would ask you for the last time, would you say, if he was political, would he have been Communist or Fascist? And remember, you are under oath, sir,” added Sebastian pointedly.
Von Schlabrendorff huffed and puffed while Sebastian noticed his fingers were gripping the sides of the box so tightly his knuckles had gone white. Good, he’s obviously wrestling with his conscience, and knowing him, he will answer honestly.
“I would say he leant more towards Communism, but he would never have voted for them,” said von Schlabrendorff hurriedly.
“Tell me, von Schlabrendorff, part of the plan for the plot was that if von Manstein acquiesced following confirmation that Hitler had indeed been killed, the armies in the East would lay down their arms. Isn’t that true?”
“Yes,” replied von Schlabrendorff wearily.
“Whose idea was that? Was it von Stauffenberg’s, General Beck’s, Carl Goerdeler’s?”
“No, none of them. It was Henning’s.”
“Really, and didn’t you as an intelligent human being realize what that would mean? An avowed Communist sympathizer was directing you towards surrendering without conditions to an enemy that was bent on revenge. More than likely they would not think twice of herding all of you off to its own camps, while I guess, he was rewarded by some high military office in what became East Germany. That never struck you as odd, no?”
Von Schlabrendorff studied his shoes for a moment and then his finely manicured nails, before replying. “It never occurred to me at the time, no. All that I was concerned with was staying alive and that the plot should succeed. The time for analysis could come afterwards. Sadly, that was to be assessing our failure while I wasted away in several of Germany’s finest camps,” he said sadly.
“Yes, I know what you mean,” interjected Sebastian sympathetically, before going on: “And what was your assessment?”
Von Schlabrendorff sighed deeply and gulped down his glass of water, while he mopped his brow with some of the remaining drops in the decanter, which sat alongside him.
“I wished you hadn’t asked that question, Murat. However, as a lawyer, who hopes one day to become a judge, I am duty bound to answer it honestly, otherwise I may lose out on that dream. Yes, I reflected on Henning’s predilections for Communism and I believe that perhaps he was a true Machiavellian manipulator, a great puppeteer of people. I don’t think for one moment he was a plant by the Bolsheviks but I do believe he felt they were the lesser of two evils and if needs be it was best they entered Germany and ruled us or installed a German government of their own choosing. However, I don’t think he would have had me taken off to a gulag as you put it so sensitively,” he replied tearfully.