47 F.Supp. 836 (N.D.Ill. 1942), 33481, United States v. Haupt

Docket Nº:33481.
Citation:47 F.Supp. 836
Party Name:UNITED STATES v. HAUPT et al.
Case Date:November 24, 1942
Court:United States District Courts, 7th Circuit, Northern District of Illinois

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47 F.Supp. 836 (N.D.Ill. 1942)



HAUPT et al.

No. 33481.

United States District Court, N.D. Illinois

Nov. 24, 1942

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J. Albert Woll, U.S. Atty., of Chicago, Ill., for the Government.

Paul A. F. Warnholtz and Benedict J. Short, both of Chicago, Ill., for defendants.

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The charge to the jury, and the memorandum delivered by the court in imposing sentence, on conviction, are as follows:

Judge Campbell's Charge to the Jury.

Ladies and Gentlemen of the Jury, it now becomes the duty of the Court to instruct you on the law governing this case wherein you have heard the evidence.

The defendants in this case, Hans Max Haupt, Erna Emma Haupt, Walter Otto Froehling, Lucille Froehling, Otto Richard Wergin and Kate Martha Wergin, are charged by an indictment returned by the Grand Jury of this District on September 4, 1942, with the crime of treason.

Treason is defined by the Constitution of the United States as follows: 'Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. ' Article 3, Sec. 3.

The Congress of the United States has seen fit to define Treason as follows: 'Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.' 18 U.S.C.A. § 1.

It was been stipulated by the Government and the defendants that each defendant is a citizen of the United States by naturalization and thus owes allegiance to the United States.

The Court is permitting the jury to take with it to the jury room the indictment in this case. The Court does so, however, with the caution and admonition that the indictment is not to be considered by the jury as any evidence against the defendants or any of them. The indictment is simply the formal charge made by the government and must be so regarded by the jury. In other words, the indictment is being given to you only for the purpose of informing you more at length as to the precise charges made.

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Upon the declaration of the present war now existing between the government of the German Reich and the government of the United States of America, all subjects of the government of the German Reich became enemies of the United States and have continued to remain such enemies down to the present time. Likewise, all members of the military and naval forces of the government of the German Reich and all persons engaged by or working for that government as agents, spies or saboteurs to assist that government in the prosecution of its war or to hamper the United States in the prosecution of our war against the government of the German Reich are enemies of the United States.

The indictment in this case does not charge the defendants with levying war against the United States. It does charge that the defendants between June 1, 1942, and July 17, 1942, adhered to Herbert Haupt, a secret agent, saboteur and spy in the employ of the government of the German Reich, and, therefore, an enemy of the United States. It charges the giving to said Herbert Haupt of aid and comfort as such enemy, by receiving, harboring, relieving, assisting, aiding, abetting, counseling and advising him in and concerning his service to the government of the German Reich. It further charges the giving of false information to conceal the identity of Herbert Haupt as a representative of the government of the German Reich and an enemy of the United States. It also charges the receiving, holding, safeguarding, concealing and misrepresenting the ownership of property and funds of Herbert Haupt and of the government of the German Reich.

The indictment charges the defendants with committing several overt acts in the prosecution, performance and execution of the alleged treason. Such overt acts are specifically enumerated in the indictment. They are numbered 1 to 41 and will be found on pages 5 to 14 inclusive.

The constitutional definition of treason previously stated refers to adhering to the enemies of the United States. giving them aid and comfort. Thus you will note that in order to establish the crime of treason in this case, adherence to the enemy must be proved beyond a reasonable doubt. This includes the giving of aid and the giving of comfort to the enemy. Any intentional act or acts furthering the hostile designs of the enemies of the United States gives aid and comfort and constitutes adhering to such enemies. Likewise, an act which intentionally strengthens or tends to strengthen the enemies of the United States, or which weakens or tends to weaken the power of the United States to resist and attack such enemies, constitutes adhering to and the giving of aid and comfort to such enemies.

Since there is no confession in open court by any of the defendants in this case, if you are satisfied beyond a reasonable doubt from the evidence in this case that Herbert Haupt was a secret agent, spy, saboteur, employee or representative of the government of the German Reich and as such was in this Country for the purpose of aiding and assisting the government of the German Reich, in carrying on or helping to carry on its war against the United States, and that while so engaged, these defendants, or any one or more of them, knowing that he was an enemy of the United States, committed any one of the overt acts to aid, assist and comfort said Herbert Haupt as set forth in the indictment, proof of which is established beyond a reasonable doubt by two or more witnesses, such defendant or defendants are guilty of treason.

The treasonable intent of the defendants is an essential element of the crime charged herein, and, if from the evidence in this case you are not satisfied beyond a reasonable doubt that a defendant or the defendants had such intent in assisting Herbert Haupt as an enemy; then such defendant or defendants must be found not guilty.

It is not necessary for the government to prove all of the overt acts charged in the indictment. The proof by two or more witnesses beyond a reasonable doubt of the commission of one overt act by a defendant or defendants is sufficient to convict such defendant or defendants.

An overt act, in criminal law, is an outward act done in pursuance and in manifestation of an intent or design; an overt act in this case means some physical action done for the purpose of carrying out or affecting the treason. Such overt act, as I have said heretofore, must be proved beyond a reasonable doubt by the testimony of two witnesses to said act. However, where the overt act is single, continuous and composite, made up of or proved by several circumstances and passing through several

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stages, it is not necessary that there should be two witnesses to each circumstance at each stage.

If you find from the evidence beyond a reasonable doubt that the defendants or any group of them agreed among themselves to commit any one or more of the overt acts charged in the indictment in furtherance of the treason charged then the act of any one of such defendants in furtherance of the common design becomes in law the act of all and all are chargeable with it.

During the course of this trial the Court has permitted the introduction into evidence of utterances, statements, acts and conversations of certain defendants occurring prior to the dates set up in the indictment and in some instances prior to the declaration of war. Such utterances, statements, acts or conversations, if you find beyond a reasonable doubt that they have been made,...

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