Translation of Prison Sentence
IN THE NAME OF THE GERMAN PEOPLE
Criminal Case Against:
The Merchant Salomon Windmüller, Beckum, Weststrasse 19
born 11 March 1862 in Beckum,
concerning offense according to Par. 134 of the Penal Code.
The following participated at the 10 August 1935 Session
of the Beckum District Court:
Judge: Court Consultant Schrage,
Official of the State Attorney: Inspector Redeker,
Document Official: Advocate Knepper
The District Court has passed the following sentence:
The accused is guilty of removing and damaging a public announcement
and is sentenced to 6 weeks in prison. He also has to carry the expenses
for the proceedings.
REASONS
The accused has confessed that he ordered his employee Franz Becker to remove from his house a poster signed by Gauleiter (Party official) Meyer, with the heading "German People, Awake!”. He claims that he had not been aware of the contents of the poster. He admits, however, to have told Becker, one poster affixed on the gate next to the house will be sufficient. His claim that he was unable to read the poster because of the height of the place where it was affixed, is thus not credible. The accused saw the poster on the gate and could read it; he cannot pretend shortsightedness. Moreover, he should have taken into consideration that the poster originated from a Government and Party source. There was no alternative possibility. Undoubtedly, the accused was aware of this possibility, and should thus be deemed fully responsible.
Since the witness Becker, as an employee, only acted on orders of the accused, he cannot be held responsible. The accused has also acted with malevolence, by attempting to prevent the public from reading the poster.
In assessing the penalty it was duly taken into consideration that the accused is of Jewish descent. In view of the attitude of the State and the Party towards the Jewish race, the accused had all the more reason to avoid any provocative action.
A sentence of 6 weeks imprisonment was considered appropriate.
The costs for the proceedings will be carried by the accused, in accordance with Par. 465 of the Penal Code.
(signed) Schrage, Court Consultant
Executed:
Beckum, August 10, 1935
(Stamp) Preuss. Amtsgericht, Beckum
Dr. Hagedorn, Attorney of Law, Beckum
This translation was published in the Windmueller Family Chronicle (page 213).
It is shown here with slight editorial changes.