Hess is indicted under all four counts. He joined the Nazi Party in 1920
and participated in the Munich
Putsch on 9th November, 1923. He was imprisoned with Hitler in the Landsberg fortress in 1924 and became Hitler's closest personal
confidant, a relationship which lasted until Hess's flight to the British
Isles. On 21st April, 1933,
he was appointed Deputy to the Fuehrer, and on 1st December, 1933, was
made Reichs Minister without Portfolio. He was appointed Member of the
Secret Cabinet Council on 4th February, 1938,
and a member of the Ministerial Council For the Defence of the Reich
on 30th August, 1939.
In September, 1939, Hess was officially announced by Hitler as successor
designate to the Fuehrer after Goering.
On 10th May, 1941,
he flew from Germany to Scotland.
As Deputy to the Fuehrer, Hess was the top man in
the Nazi Party with responsibility for handling all Party matters, and
authority to make decisions in Hitler's name on all questions off Party
leadership. As Reichs Minister without Portfolio he had the authority
to approve all legislation suggested by the different Reichs Ministers
before it could be enacted as law. In these positions, Hess was an active
,supporter of preparations for war. His signature appears on the law
of 16th March, 1935,
establishing compulsory military service. Throughout the years he supported
Hitler's policy of vigorous rearmament in many speeches. He told the
people that they must sacrifice for armaments, repeating the phrase,
" Guns instead of butter." It is true that between 1933 and
1937 Hess made speeches in which he expressed a desire for peace and
advocated international economic co-operation. But nothing which they
contained can alter the fact that of all the defendants none knew better
than Hess how determined Hitler was to realise his ambitions, how fanatical
and violent a man he was, and how little likely he was to refrain from
resort to force, if this was the only way in which he could achieve
his aims.
Hess was an informed and willing participant in German
aggression against Austria, Czechoslovakia and Poland.
He was in touch with the illegal Nazi Party in Austria throughout the
entire period between the murder of Dollfuss and the Anschluss, and
gave instructions to it during that period. Hess was in Vienna on 12th March, 1938, when the German troops moved in; and on 13th March,
1938, he signed the law for the Reunion of Austria within the German
Reich. A law of 10th June, 1939, provided for his participation in the
administration of Austria. On 24th July, 1938, he, made a speech in
commemoration of the unsuccessful putsch by Austrian National Socialists
which had been attempted four years before, praising the steps leading
up to Anschluss and defending the occupation of Austria by Germany.
In the summer of 1938 Hess was in active touch with
Henlein, Chief of the Sudeten German Party in Czechoslovakia. On 27th
September, 1938, at the time of the Munich crisis, he arranged with Keitel to carry out the
instructions of Hitler to make the machinery of the Nazi Party available
for a secret mobilsation. On 14th April, 1939, Hess signed a decree
setting up the government of the Sudetenland as an integral part of
the Reich; and an ordinance of 10th June, 1939, provided for his participation
in the administration of the Sudetenland. On 7th November, 1938, Hess
absorbed Henlein's Sudeten Germany Party into the Nazi Party, and made
a speech in which he emphasised that Hitler had been prepared to resort
to war if this had been necessary to acquire the Sudetenland.
On 27th August, 1939, when the attack on Poland had
been temporarily postponed in an attempt to induce Great Britain to
abandon its guarantee to Poland, Hess publicly praised Hitler's "
magnanimous offer " to Poland, and attacked Poland for agitating
for war and England for being responsible for Poland's attitude. After
the invasion of Poland Hess signed decrees incorporating Danzig and
certain Polish territories into the Reich, and setting up the General
Government (Poland).
These specific steps which this defendant took in support
of Hitler's plans for aggressive action do not indicate the full extent
of his responsibility. Until his flight to England, Hess was Hitler's
closest personal confidant. Their relationship was such that Hess must
have been informed of Hitler's aggressive plans when they came into
existence. And he took action to carry out these plans whenever action
was necessary.
With him on his flight to England, Hess carried certain
peace proposals which he alleged Hitler was prepared to accept. It is
significant to note that this flight took place only ten days after
the date on which Hitler fixed 22nd June, 1941,
as the time for attacking the Soviet Union. In conversations carried
on after his arrival in England Hess wholeheartedly supported all Germany's
aggressive actions up to that time, and attempted to justify Germany's
action in connection with Austria, Czechoslovakia, Poland, Norway, Denmark,
Belgium and the Netherlands. He blamed England and France for the war.
There is evidence showing the participation of the
Party Chancellery, under Hess, in the distribution of orders connected
with the commission of war crimes; that Hess may have had knowledge
of even if he did not participate in the crimes that were being committed
in the East, and proposed laws discriminating against Jews and Poles;
and that he signed decrees forcing certain groups of Poles to accept
German citizenship. The Tribunal, however, does not find that the evidence
sufficiently connects Hess with these crimes to sustain a finding of
guilt.
As previously indicated the Tribunal found, after a
full medical examination of and report on the condition of this defendant,
that he should be tried, without any postponement of his case. Since
that time further motions have been made that he should again be examined.
These the Tribunal denied, after having had a report from the prison
psychologist.
That Hess acts in an abnormal manner, suffers from
loss of memory, and has mentally deteriorated during this trial, may
be true. But there is nothing to show that he does not realise the nature
of the charges against him, or is incapable of defending himself. He
was ably represented at the trial by counsel, appointed for that purpose
by the Tribunal. There is no suggestion that Hess was not completely
sane when the acts charged against him were committed.