ExecutedToday.com

On this date in 1945, Heinz-Wilhelm Eck and two of his former subordinates on the Unterseeboot U-852 were shot in Hamburg for killing the survivors of a sunk target.

The defendants in the U-852 trial. From left to right: Eck, August Hoffmann, Walter Weisspfennig, Hans Lenz, Wolfgang Schwender. The leftmost three were executed.

On March 13, 1944, in the South Atlantic en route to the Indian Ocean, U-852 torpedoed the Greek-flagged Peleus.

The submarine commander Eck feared the steamer’s debris would be observed by a passing airplane, and give enough information to Allied reconnaissance to enable it to find his ship. He therefore surfaced and attempted to have the debris field eliminated by machine-gunning and grenading it into the watery deep.

This seems a rather curious expedient, but evidently it was a common one.

U-Boat ace Adalbert Schnee was called (German link) to testify that blasting away at ship wreckage actually was an effective practice. But on prosecution’s cross-examination, Schnee was deftly trapped — lest he incriminate himself in a potential war crime — into disavowing (pdf) the killing of survivors who happened to be clinging to that debris.*

Q. What would you have done if you had been in Eck’s position?

A. I would under all circumstances have tried my best to save lives, as that is a measure which was taken by all U-boat commanders; but when I hear of this case, then I can only explain it as this, that Captain Eck, through the terrific experience he had been through, lost his nerve.

Q. Does that mean that you would not have done what Captain Eck did if you had kept your nerve?

A. I would not have done it.

Survivors of torpedo attacks usually had problems enough without the sub crew taking pains to attack them. Eck claimed that he worried that the survivors’ rafts might have communications equipment that would call out the sub-hunters tout de suite, but a standing German directive forbade U-boat captains assisting their prey.

No attempt of any kind should be made at rescuing members of ships sunk, and this includes picking up persons in the water and putting them in lifeboats, righting capsized lifeboats and handing over food and water. Rescue runs counter to the rudimentary demands of warfare for the destruction of enemy ships and crews … Be harsh, having in mind that the enemy takes no regard of women and children in his bombing attacks of German cities.

An unpleasant reality of sub warfare, as depicted in the classic submarine film Das Boot:

But in this case, some of the Peleus crew managed to survive the mop-up operation, and then the open ocean, long enough to tell their tale.

The British military tribunal sentenced Eck to death, his plea of “operational necessity” (i.e., “I had to shoot the survivors to sink the debris to save my ship”) rejected; also condemned were the ship’s doctor Walter Weisspfennig, who wasn’t supposed to be involved in gunplay at all, and August Hoffmann. Both of them had taken the “only following [Eck's] orders” line.

Hans Lenz, who had opposed Eck’s order but ultimately complied with it, drew a life sentence. Wolfgang Schwender, who seems to have shot generally at debris but not (he said) at human beings, and then got bumped off his gun by the reluctant Lenz, got off the easiest at 15 years.

Despite the predictable “victor’s justice” dynamic — American and British sub personnel, and even Japanese I-boat officers, evidently skated on similar conduct — Eck was the only U-boat commander in World War II to draw a war crimes conviction. That was surely due in part to the overwhelming majority of them having simply failed to survive the perilous undersea campaign long enough to see the inside of a war crimes court.

* Part of the past-is-prologue contest for this case was the World War I sinking of the Llandovery Castle by a German submarine, which had then proceeded to hunt down the lifeboats. It resulted in (non-death penalty) war crimes convictions for some of the U-boat officers involved. The existence of this precedent helped to defeat the “superior orders” defense of the junior officers, since they could be held to have known that Eck’s command was illegal.

Part of the Daily Double: Lesser War Criminals.

Also On This Date

• 1824: Henry Fauntleroy, choked on debt
• 1944: Lilo Gloeden, Erich Gloeden and Elisabeth Kuznitzky

On this date in 1824, the last Englishman to hang for forgery, met his fate at Newgate prison.

Henry Fauntleroy making his defense. From this Harvard gallery (part of the university’s Crimes Virtual Collection) of the period’s hanging press, including a Fauntleroy broadsheet (huge image, with a generic-looking merchant type as the criminal).

In a celebrated affair of the time, Fauntleroy was found to have inherited from his father a partnership in the foundering London bank Marsh, Sibbald & Co.

Desperate to keep the concern alive by maintaining a front of normalcy, Fauntleroy serviced its obligations by forging powers of attorney authorizing him to sell stock that he was supposed to merely be holding for investors.

Ever the diligent clerk, Fauntleroy made a ledger of the fraudulent transactions, plainly footnoted:

In order to keep up the credit of our house, I have forged powers of attorney for the above sums and parties, and sold out to the amount here stated, and without the knowledge of my partners. I kept up the payments of the dividends, but made no entries of such payments in our books.

The more things change…

Fauntleroy, of course, didn’t have the reach of the Smartest Guys in the Room; what he did by foul means the collapse of his firm might have (more or less) accomplished by what economists regard as fair.

The firm, said the defendant, was in quite a fix.

I was only twenty-two years of age, and the whole weight of an extensive but needy Banking establishment at once devolved upon me, and I found the concern deeply involved in advances to builders and others … and the necessity of making further advances to those persons to secure the sums in which they stood indebted.

Translation: If you owe the bank £100, you’ve got a problem; if you owe the bank £100,000,000, the bank has a problem.

It took a lot less than that to run Marsh, Sibbald & Co. into the ground.

In this perplexed state the house continued until 1810, when its embarrassments were greatly increased, owing to the bankruptcies of Brickwood and others, which brought upon it a sudden demand for no less a sum than 170,000 £ … About 1814, 1815, and 1816, from the speculations with builders and brickmakers, & others, in which the house was engaged, it was called upon to provide funds to near 100,000 £, to avert the losses which would otherwise have visited it from these speculations. In 1819, the most responsible of our partners died, and we were called upon to pay over the amount of his capital, although the resources of the house were wholly inadequate to meet so large a payment. During these numerous and trying difficulties the house was nearly without resources, and the whole burthen of management falling upon me, I was driven to a state of distraction, in which I could meet with no relief from my partners, and, almost broken-hearted, I sought resources where I could, and so long as they were provided, and the credit of the house supported, no inquiries were made, either as to the manner in which they were procured, or as to the sources from whence they were derived.

In almost Dickensian fashion, our malefactor reacted more violently to allegations that the embezzlement had been effected in pursuit of a debaucherous lifestyle than he did to the criminal charge itself; if his version of bourgeois rectitude and endemic financial criminality further to the crumbling facade of his enterprise rings true, the ascetic clerk’s mortal penalty on behalf of his crummy bank will be a timely reminder of the pleasures one ought to seek before life withdraws them (or at least — just ask Robert Rubin! — of the invaluable utility of the limited liability company).

Having thus exposed all the necessities of the house, I declare that all the monies temporarily raised by me, were applied, not in one instance for my own separate purposes or expenses, but in every case they were immediately placed to the credit of the house in Berners-street, and applied to the payment of the pressing demands upon it. This fact does not rest on my assertion, as the transactions referred to are entered in the books now in the possession of the assignees, and to which I have had no access since my apprehension. These books, I understand, are now in Court, and will confirm the truth of my statement; and to whatever account all the sums may be entered, whether to that of Stock, of Exchequer Bills, or to my private account, the whole went to the general funds of the Banking-house.

Parliament abolished the death penalty for forgery in 1832. According to Hanging in the Balance: A History of the Abolition of Capital Punishment in Britain, a factor in the legislation was jurors’ increasing unwillingness to convict those accused of the crime knowing that it could lead to hanging. (See much testimony to that effect from the period’s lawyers and bankers here.)

A rumor circulated after Fauntleroy’s death — having something to do with the fame of the criminal, and something to do with what was reportedly his corpse’s unnaturally undamaged condition after the execution — that he had contrived to survive the hanging by slipping a silver tube down his throat, then absconded to live abroad.

Though evidently baseless as a factual matter, the legend is paid tribute by Nathaniel Hawthorne’s The Blithedale Romance, with a mysterious banker named “Fauntleroy” whose backstory would have elicited a knowing wink from many a reader in his time … and ours.

After Fauntleroy had thus spent a few empty years, coruscating continually an unnatural light, the source of it — which was merely his gold — began to grow more shallow, and finally became exhausted. He saw himself in imminent peril of losing all that had heretofore distinguished him; and, conscious of no innate worth to fall back upon, he recoiled from this calamity with the instinct of a soul shrinking from annihilation. To avoid it, — wretched man! — or rather to defer it, if but for a month, a day, or only to procure himself the life of a few breaths more amid the false glitter which was now less his own than ever, — he made himself guilty of a crime. It was just the sort of crime, growing out of its artificial state, which society (unless it should change its entire constitution for this man’s unworthy sake) neither could nor ought to pardon. More safely might it pardon murder. Fauntleroy’s guilt was discovered. He fled …

The wreck of his estate was divided among his creditors: His name, in a very brief space, was forgotten by the multitude who had passed it so diligently from mouth to mouth. Seldom, indeed, was it recalled, even by his closest former intimates. Nor could it have been otherwise. The man had laid no real touch on any mortal’s heart. Being a mere image, an optical delusion, created by the sunshine of prosperity, it was his law to vanish into the shadow of the first intervening cloud. He seemed to leave no vacancy; a phenomenon which, like many others that attended his brief career, went far to prove the illusiveness of his existence.

Also On This Date

• 1945: Heinz Eck, U-Boat commander
• Daily Double: Lesser War Criminals
• 1944: Lilo Gloeden, Erich Gloeden and Elisabeth Kuznitzky