Category Archives: Germany

1669: Anna Ebeler, lying-in maid

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On this day in 1669, the Bavarian city of Augsburg executed 67-year-old Anna Ebeler for bewitching a string of infant children and just-delivered mothers.


Detail view of a pictorial history of the “witch” Anna Ebeler: the panels display her mutilated with tongs as she is led to execution; then, beheaded at the scaffold.

Ebeler plied her client with a refreshing bowl of malmsey and brandy soup (I could go for some myself), and the mother fell into a delirium that was bad enough to kill her but not so bad as to impact her credibility when she accused her lying-in maid of culinary devilry.

Once the accusation was “out there,” every other family on Ebeler’s c.v. whose birth experience was less than satisfactory — and there must have been a few of them, since infant mortality was off the charts in the 17th century — came forward with its own tale of woe.

Ebeler confessed when threatened with torture.

According to Lyndal Roper, who uses this affair as the touchstone event in “Witchcraft and Fantasy in Early Modern Germany” (History Workshop, Autumn 1991) — it was one of “just” 18 scattered witchcraft executions in a relatively forward-thinking burg — witchcraft

beliefs rested on a whole economy of bodily fluids. A post menopausal woman, the old witch was in a sense a dry woman who, instead of feeding others well, diverted nourishment to her own selfish ends. Older widows were believed to have the power to ruin young men sexually, and youths were warned against marrying such women because they were sexually ravenous, and would suck out their seed, weakening them with their insatiable hunger for seminal fluid and contaminating them with their own impurities.

I could go for some of that, too.

At any rate, a lying-in maid like Anna Ebeler — a woman hired by the birth mother for a ritualistic period of several post-natal weeks of maternal sequestration — put herself at risk (quoth Roper) of having projected onto her all the delivered mother’s psychological amibiguity about her condition, all her illicit resentment of her progeny, all her own latent fear of death after childbirth. All the ingredients, in short, of post-partum depression … in supernatural form.

[I]nstead of seeking the source of her ills in post-natal depression, within herself, as we [modern people] would, the mother’s anxieties about the child’s fate and her own ability to nourish it were directed outwards, so that harm to either mother or baby was believed to have been caused by another. Here we might make use of what Melanie Klein says about splitting, which allows intolerable feelings of hostility and malice to be projected onto another, so that the mother recognizes only benevolence in herself, projecting the evil feelings about herself onto the ‘other’ mother. The lying-in-maid was thus destined for the role of the evil mother, because she could be seen to use her feminine power to give oral gratification to do the reverse – to suck the infant dry, poison the mother and her milk and, in the most extreme form of witch fantasies, to kill, dismember and eat the child at the witches’ sabbath.

That dish, we’ll pass on.

Roper makes an interesting and nuanced exploration into the psychic space of witchcraft accusations, usually shaped by female-on-female charges. It’s terrain further developed in her Witch Craze: Terror and Fantasy in Baroque Germany.

One last item from Roper, of specific relevance to the lot who haunt these pages:

There is a further collusive dynamic at work in interrogation, that between witch and torturer. Torture was carried out by the town hangman, who would eventually be responsible for the convicted witch’s execution. Justice in the early modern period was not impersonal: the act of execution involved two individuals who, by the time of execution, were well acquainted with each other. Particularly in witch trials, torture and the long period of time it took for a conviction to be secured gave the executioner a unique knowledge of an individual’s capacity to withstand pain, and of their physiological and spiritual reactions to touch. In a society where nakedness was rare, he knew her body better than anyone else. He washed and shaved the witch, searching all the surfaces of her body for the tell-tale diabolic marks – sometimes hidden ‘in her shame’, her genitals. He bound up her wounds after the torture. On the other hand, he was a dishonourable member of society, excluded from civic intercourse, and forced to intermarry amongst his own kind. His touch might pollute; yet his craft involved him in physically investigating the witch, a woman who if innocent was forbidden him. He advised on the mode of execution, assessing how much pain the witch might stand, a function he could potentially exploit to show mercy or practise cruelty. In consequence, a bond of intense personal dependence on the part of the witch on her persecutor might be established. Euphrosina Endriss was greatly agitated when a visiting executioner from nearby Memmingen inspected her. She pleaded that ‘this man should not execute her, she would rather that Hartman should execute her, for she knew him already’.

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1945: Not Fabian von Schlabrendorff, saved by a bomb

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On this date in 1945, July 20 plotter Fabian von Schlabrendorff was on his way to a certain death sentence at the hands of the German Volksgerichtshof.

Asshole jurist Roland Freisler

The outcome in the kangaroo court for anyone involved in the previous year’s near-miss bomb attack on Hitler was foreordained. Just the day before, the movement’s ineffectual but conscientious political statesman Carl Goerdeler had hanged for it.

But a funny thing happened to the lawyer and reserve officer Schlabrendorff on the way to the gallows.

As he awaited this date his tongue-lashing and inevitable condemnation at the hands of the vituperative Nazi judge Roland Freisler, a bombing raid led by Jewish future Nuremberg prosecutor Robert Rosenthal struck the People’s Court — killing not the prisoner, but the judge, who was reportedly found still clutching his prey’s file.

“It is God’s verdict” was the succinct epitaph issued by a worker at the hospital where they raced his body, and nobody cared to dispute the subversive remark.

Hysterically badgering defenseless prisoners in farcical show trials, ostentatiously obeisant to the Reich, and personally responsible for thousands of executions, Freisler was a hard guy to admire. His role model for courtroom demeanor was supposed to be the ruthless purge trials of the Soviets.*

(Freisler also attended the Wannsee Conference, where Reinhard Heydrich organized the Final Solution. What a guy.)

In the confusion of the bomb blast, Schlabrendorff was hustled off to detention un-sentenced, and spent the last months of the war being shifted from one concentration camp to the next. The Third Reich — and admittedly, it had a few other things on its mind in those days — neglected to kill him, trial or no.

Schlabrendorff went on to become a West German constitutional court judge, though in this career he could hardly be as memorable as his onetime persecutor.

That Schlabrendorff miraculously escaped the war with his life thanks to a timely explosion was a particular irony: Hitler had once unwittingly been preserved from a Schlabrendorff assassination attempt by a bomb that failed to detonate.

In a March 1943 attempt on Hitler’s life, Schlabrendorff himself had passed one of Hitler’s entourage a package supposedly containing two bottles of cognac for delivery to another officer. In fact, the package was meant to blow up Hitler’s plane.

When [Hitler] was boarding the plane I started the mechanism of the delayed-action bomb … timed to explode within half an hour. At a sign from Tresckow, I handed the parcel to Colonel Brandt,** the member of Hitler’s escort who had promised to take it. It was a great nervous strain to remain quiet at this juncture.

…

After more than two hours of waiting, we got the shattering news that Hitler had landed safely …

We were stunned and could not imagine the cause of the failure … even worse would be the discovery of the bomb, which would unfailingly lead to our detection and the death of a wide circle of close collaborators.

After considerable reflection Tresckow resolved to ring up Colonel Brandt at Hitler’s headquarters and ask whether the parcel for General Stieff had already been delivered. Brandt replied that it was still in his keeping. This gave us hope that the bomb had not been discovered. Its delivery had to be prevented by all means. So Tresckow asked him to keep the parcel. He added there had been some mistake. I would call on him the following day to exchange the parcel, as I had anyway to go on official business to headquarters in East Prussia.

On some military pretext, I flew to Headquarters with the regualr messenger plane. I called on Colonel Brandt and exchanged a parcel containing two bottles of brandy for the one containing the bomb.

I can still recall my horror when the man, unaware of what he held, smilingly handed me the bomb and gave it a jerk that made me fear a belated explosion. Feigning a composure I did not feel, I took the bomb, immediately got into a car, and drove to the neighboring railway junction of Korschen. From there a sleeper train left for Berlin in the evening.

At Korschen, I got into a reserved compartment, locked the door, and … dismantled the bomb … The mechanism had worked; the small bottle had broken; the corrosive fluid had consumed the wire; the striker had hit forward; but — the detonator had not fired.

* Not the only ostpolitik admiration the Nazis showed for their battlefield foes’ ruthlessness; Hitler, similarly, applauded (sometimes envied) Stalin’s 1930s purge of the officer corps.

** This Heinz Brandt, too, has another unwitting part left to play in the story of the German resistance: it was he who, on July 20, 1944, moved Col. Stauffenberg’s deadly parcel behind an oaken table support, preserving Hitler from the bomb’s worst effects. Brandt died in that explosion.

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1945: Carl Goerdeler, as penance for the German people

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On this date in 1945, Carl Friedrich Goerdeler, godfather of the anti-Hitler resistance that had bid unsuccessfully for his assassination, was hanged at Plotzensee Prison. With him went fellow regime foes, Johannes Popitz and Father Alfred Delp.

The monarchist pol Goerdeler enjoys pride of place as one of the first German elites to opposite Hitler, though that opposition was not quite so early as the very beginning. Goerdeler was a creature of the pre-Nazi establishment, and shared many of perspectives that prepared that world to accommodate national socialism: Goerdeler bitterly opposed the Versailles Treaty, wanted to take a bite out of Polish territory, and had the customary strictly-within-legal-bounds anti-Semitism of his class. Even lying under sentence of death late in 1944, having denounced the Holocaust to his Gestapo interrogators, his “Thoughts of a Condemned Man” reflected,

We should not attempt to minimize what has been happening, but we should also emphasize the great guilt of the Jews, who had invaded our public life in ways that lacked all customary restraint.

A German patriot, then, committed to a “a purified Germany with a government of decent people”; a humanist Liberal from a bygone age, who had no weapons to fight a terror state.

As Mayor of Leipzig, he openly opposed the Third Reich’s excesses and pushed to moderate its policy.* In 1937 he copped a principled resignation and started cultivating contacts abroad, warning of Hitler’s aggression — also managing to impress his foreign interlocutors with his incapacity to affect events himself. His many memoranda urging Hitler to moderate this or that outrage went for naught.

The resistance circle around Goerdeler, which drew in his fellow-sufferer Popitz,** would be marked throughout the war years by that incapacity — a monument to high-minded failure, eternally short of the last ounce of will or that one key resource.

Goerdeler’s name adorned the ministry of many a fanciful post-Hitler government, but he himself, according to his friend and fellow-conspirator Gerhard Ritter, “preferred to begin with a debate rather than a power stroke”.

To be sure, the man looked in vain for some decisive form of aid: within the Reich, the sympathetic Wehrmacht brass couldn’t quite see their way to something as radical as breaking their loyalty oaths; without, he got no terms short of unconditional surrender from the Allies.

But even come the summer of 1944 when all was well past lost, Goerdeler entertained delusions of persuading Hitler to give up power voluntarily, and opposed Stauffenberg‘s assassination gambit.

Indecision would be no defense when he was hailed before bloodthirsty judge Roland Freisler for treason.

Goerdeler and Popitz, both viewed as influential with Germany’s Western enemies, were kept alive for months after the judicial purges commenced: Himmler‘s hope for a back channel deal. Our man had many hours in this Gethsemane for that essential contemplation of the 20th century.

In sleepless nights I have asked myself whether a God exists who shares in the personal fate of men. It is becoming hard to believe it. For this God must for years now have allowed rivers of blood and suffering, mountains of horror and despair for mankind … He must have let millions of decent men die and suffer without moving a finger.

-Carl Goerdeler (Source)

We do not know what account Goerdeler gave of himself to the afterlife; even the account he left of himself for our terrestrial posterity is disputable.

“I ask the world to accept our martyrdom as penance for the German people,” he wrote in prison. Is it enough to accept for Goerdeler himself? His actions, intrepid by the standards of most countrymen, were fatally unequal to the heroism demanded of his circumstance. By any measure, his is a very human tragedy.

Carl Goerdeler’s brother Fritz shared the same fate a few weeks later. Other family members were imprisoned at Dachau; Carl’s son, Reinhard Goerdeler, became an accountant after the war and is the “G” in the big four firm KPMG.

* Including Berlin’s heretically expansionary economic policy. Goerdeler hated Keynes; his prescription for the capitalist crisis of the 1930s was falling wages, low deficits, a mighty Reichsmark, and free trade. (The April 1938 Foreign Affairs published a Goerdeler essay entitled “Do Government Price Controls Work?” Answer: no.)

It would be too much to say that Berlin’s profligacy outraged him as much as the fact that it was being squandered on dishonorable war, but said profligacy was definitely on the bill of attainder.

** Father Delp, the other man hanged this date, was involved in the resistance but even Freisler’s court decided he wasn’t in on the July 20 plot.

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1256: Marie of Brabant, on suspicion of infidelity

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On this date in 1256, Louis II, Duke of Bavaria, had his wife Marie of Brabant beheaded at Donauworth for adultery.

Louis II depicted with the first two of his three wives: Marie, and the more fortunate Anna of Glogau.

This 26-year-old uncle of the doomed Conradin was kept away from his spouse for many months on state affairs.

At some point, he returned furiously convinced of his wife’s infidelity.

One representative version of the legend has it that

[Lewis] held his Court in Heidelberg, and by him stood ever his dearest friend, Henry, Count of Leiningen, and to him one day the anxious wife sent a letter, beseeching he would use his influence to quicken her husband’s return. Another missive was dispatched at the same time to Duke Lewis … The old mistake was made, Duke Lewis received the letter destined for his friend, wherein the artless Duchess had assured Henry of Leiningen that, if he accompanied her lord in his return, her pleasure in welcoming him would be great.

Etcetera.

That Marie really did exist and really was beheaded on her husband’s authority for adultery appears to be about the extent of the certain information available to us.

This poignant scenario became embroidered into popular legend (and is supposed to have inspired the tale of one of the classic medieval faithful-accused-wife tales: that of Genevieve of Brabant).

The accusation evidently appeared quite doubtful in real life, since her husband and executioner Louis subsequently founded the Cistercian Furstenfeld Abbey in penitence.

She is not to be confused with Marie de Brabant, Queen of France later in the 13th century and a suspect in the poisoning death of the French heir … an affair that cost chamberlain Pierre de la Brosse his life. The words Dante wrote of that later Marie of Brabant would have suited our day’s heroine, too.

may the Lady of Brabant
while she’s still in this world, watch
her ways—or end among a sadder flock

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1945: Szymon Srebrnik survives execution at Chelmno

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On the night of January 17-18 in 1945, Szymon Srebrnik was shot in the head, along with 46 other Jewish prisoners, at the Chelmno Extermination Camp near the village of Chelmno in central Poland.

Szymon (whose name has also been spelled Simon, Shimon, Shi’mon, etc.), was fifteen short years of age … but he had sixty-one more years to live.

Relatively little is known about Chelmno, simply because there were so few survivors. At least 150,000 people, and possibly as many as 300,000, died there. The victims included Gypsies and probably Russian prisoners of war in addition to Jews, notably most of the inhabitants of the Lodz Ghetto.

There were three survivors. Count’em, three. Szymon was one of them. And there were one or two others who successfully escaped Chelmno but did not survive the war.

The operation went like this: the victims would be taken to the camp and told they were being sent to work camps where they would be treated well, but first they had to clean up. They undressed, and they were supposed to give their valuables to one of the Nazi officers for safekeeping.

To maintain the pretense, they were even given receipts or claim tickets. Once the naked Jews left the undressing room, however, all pretense was over. Kicked, shoved, whipped and beaten with rifles and clubs, they were forced down a ramp into a waiting van. After no more could get inside it (the capacity was about 60-80 people per van, with a few of the larger vehicles having space for 100), the van was sealed and driven away. The carbon dioxide emissions from the engine were pumped into the back of the van, and by the time the driver had reached the burial site in a nearby forest, all of the Jews would be dead. If any of them happened to still be alive, they were shot. The bodies were disposed of by either burial or burning.

Not everyone was killed at once, however.

A small number of strong, healthy men were kept alive for awhile in order to help dispose of the bodies and sort through all the belongings of the dead Jews. They were kept in iron shackles 24 hours a day to prevent escape. They slept in the granary.

These people were usually killed within days or weeks and replaced by others from new transports. Our Szymon, however, lasted for about ten months.

There were several reasons for this. The Nazis at Chelmno, for their own amusement, sometimes forced the prisoners to have athletic contests like racing and jumping, and Szymon was good at that and often won.

He also had a beautiful voice, and they enjoyed listening to him sing. The Hauskommando chief, who was in charge of the work site inside the camp itself, liked Szymon and helped keep him alive.

But all things must come to an end.

Szymon and his fellow sufferers were the last prisoner-workers left at Chelmno, and they were shot as part of a clean-up operation by the Nazis. The Russians would arrive within days; the camp itself had been destroyed, and they had to leave no witnesses behind.

Unexpectedly, the Jews put up a fight and actually killed two of the Nazis inside the granary, hanging one and shooting the other with his own gun. Mordechai Zurawski was able to fight his way free and escape. He was the second survivor (a third, Michal Podchelbnik, had escaped the camp in 1942) and testified about his war experiences alongside Szymon. The rest were all killed.

At his testimony in Lodz in June 1945, Szymon recalled:

When the Soviet Army was advancing quickly, one night we were ordered to leave the granary in groups of five … Lenz ordered us to lie down on the ground. He shot everybody in the back of the head. I lost consciousness and regained it when there was no one around. All the SS-men were shooting inside the granary. I crawled to the car lighting the spot and broke both headlights. Under the cover of darkness I managed to run away. The wound was not deadly. The bullet went through the neck and mouth and pierced my nose and then went out.

Szymon made his way to a Polish farm nearby, and the farmer agreed to hide him in his barn until the Russians came two days later. A Soviet Army doctor treated his wound, and he made a complete recovery.

In September 1945, Szymon went to Israel, one of the first Holocaust survivors to arrive there. He met his future wife en route.

Szymon went on to testify at Adolf Eichmann‘s trial in 1961, and in 1978, he went back to visit Chelmno for Claude Lanzmann’s film documentary Shoah.

Those events aside, Szymon lived a long and surprisingly normal life in Israel, marrying, having a couple of kids and living in relative obscurity. He died of cancer in 2006, at the age of 76.

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1944: Not Sim Kessel, Jewish boxer

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

“In December 1944,” begins Sim Kessel’s Holocaust memoir, “I was hanged at Auschwitz.”

He was twenty-five years old and had been caught attempting to escape.

Sim Kessel (called “Sam” in some accounts), a French Jew who boxed professionally, had been at Auschwitz for two years — a staggering period of time where the normal lifespan of a prisoner was at most three months — and had already escaped the gas chambers on two occasions.

The first time, he was in the infirmary recuperating from a severe beating and torture at the hands of the SS (one of his fingers had been cut off), and a Nazi doctor judged him incapable of recovery and took his number down. Then, a miracle: somehow, his chart was misplaced.

Four days later Kessel was selected again and this time actually marched to the gas chamber with other hopeless cases. As they were lined up, naked and shivering, waiting their turn to die, an SS man happened to pass on a motorcycle and stopped to have a look at them. Kessel recognized something in him:

Unmistakable. The stigmata of the ring. He also had muscular shoulders and a springy way of walking. I hesitated for a second and then thought, oh, what the hell!

Naked and shivering I walked up to him. I don’t know if it was a dim hope behind my overture, or some irrational kinship felt by boxers the world over, across all boundaries. I simply blurted out in German:

“Boxer?”

“Boxer? Ja!”

He didn’t wait for an explanation, he understood. […] “Get on!” he bellowed.

Kessel’s savior, whose name he never knew, took him back to camp and to the infirmary, where he made a full recovery from his injuries and rejoined the working prisoners. The two men never saw each other again. Kessel had no illusions about the character of the man who had saved his life:

This act of mercy which he had performed in the name of boxing meant something totally different to each of us. Obviously to me it was everything; for him, nothing at all. I was like a worm that one doesn’t step on at the last minute.

In December 1944, Kessel and four Polish prisoners tried to escape. He reflected later on that “the strategy could have succeeded despite its apparent idiocy.”

The idiotic strategy will be familiar to high school delinquents the world over: they casually walked out of camp together, in broad daylight, acting as if they had a legitimate destination in mind, and no one tried to stop them.

Unfortunately, they were caught the next day and sent back to Auschwitz. A public execution was the only punishment for escapees, and so the five were lined up on the scaffold in front of a crowd of some 25,000 prisoners. They each had to take their turn to die and Kessel was the last.

And then the rope broke.

Not that I knew it; I didn’t realize a thing, having lost consciousness from shock. I didn’t even know they had hanged me. […]

I came to. Or partly came to. It was as if I were in a dream, still unable to realize what was going on around me, aware mainly of the excruciating pain in my neck and back.

In some countries, if a person survives an execution they’re granted a reprieve and allowed to keep their lives. Not so in Auschwitz: you were simply hauled away and shot, this time without ceremony.

Kessel was left to the tender mercies of Jacob, described as “the camp’s official killer.” He knew his executioner’s reputation in camp and also out of it, for Jacob was also a professional boxer and had helped train the famous German champion Max Schmeling. Having nothing to lose, and remembering what had happened before, Kessel argued with him:

So I appealed to him, half in German, half in French. I argued that one boxer could not kill another boxer. That he, a former champion, a sparring partner of Schmeling’s, could not degrade himself by simply slaughtering me in cold blood.

Jacob listened and then walked away without a word. When he returned he carried a new camp uniform. Kessel was to put it on and simply rejoin the mass of prisoners outside.

Officially, Kessel was dead, and someone else’s body would be put in the crematorium ovens in place of his own. Certainly there were many bodies to choose from.

It probably wouldn’t have worked were it not for the fact that the Third Reich was in its death throes. The Wehrmacht was on the run, besieged by the Russians on one side and the Americans on the other, and within days Auschwitz would be evacuated.

Kessel survived two death marches and other dangers before he was liberated on May 7, 1945, five months after the rope broke.

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1942: Sasha Filippov, during the Battle of Stalingrad

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 1942 in Stalingrad, Russia, seventeen-year-old shoemaker and spy Sasha Fillipov was executed by the German Army for espionage. The Battle of Stalingrad, which had been in progress since July, was bleeding the city white and would continue to do so until the following February. Young Sasha would be just one of over two million casualties.


One death, millions of deaths. Stalin had a quote about that.

Sasha, who had already become a master cobbler, simultaneously volunteered his shoemaking services for the invading German Army and his spying services for the Russian Army. He became a regular behind German lines, and as he made and repaired their shoes and boots he also stole documents, made note of whatever military activity he could see, eavesdropped on conversations and reported it all to the Russians.

Eventually he was discovered, and two days before Christmas he and two other teenagers were led barefoot through the snow and hung from acacia trees on Bryanskaya Street. His parents were there to witness the execution, but his father couldn’t bear to watch and ran away. He also left a ten-year-old brother.

In 1944 he was posthumously awarded the Order of the Red Banner for his services to Russia. The street where he died was renamed after him, as was a school on that street. Today, however, Sasha is most remembered for being a minor character in the wildly-inaccurate-but-still-a-thrill-to-watch film, Enemy at the Gates. Sasha in the movie is portrayed as a much younger boy, about twelve years old, and is played by Gabriel Thomson.

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1942: Klava Nazarova, Hero of the Soviet Union

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On this date in 1942, Klava Nazarova and five other Soviet partisans were hanged by the Wehrmacht in and around Ostrov.


Image from a fantastic collection of illustrations of Soviet female heroes at this Dutch-language forum thread.

Nazarova was a 21-year-old Komsomol member in the town of Ostrov when Nazi Germany invaded the Soviet Union in 1941.

The Germans overran Ostrov’s Pskov oblast en route to Leningrad for that city’s legendary siege, leaving Nazarova to apply her leadership talents to the finer points of partisan warfare.

She was captured with five other resistance members in November 1942, and the six executed in a traveling spectacle of the macabre this date: Nazarova and another young woman, Nura Ivanova, were hanged together in the main square of Ostrov; then, the party rolled out to the neighboring village of Nogino for the hanging of a middle-aged husband-and-wife couple; last, Nikolai Mikhailov and Konstantin Dmitriev got that treatment in yet another nearby village, Ryadobzha.

Klava Nazarova is one of three women from the Great Patriotic War designated as Heroes of the Soviet Union. (The others are Maria Kislyak and Zoya Kosmodemyanskaya.) We think it meet to mark her martyrdom to the strains of the great Soviet war anthem “Svyaschennaya Voyna” (“Holy War”).

Rise up, huge country,
Rise up for a fight to the death!
With the dark fascist force,
With the damned horde.

[audio:http://download.sovmusic.ru/m/saintwar.mp3]

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1783: Johanna Catharina Höhn, by Goethe’s vote

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“To think is easy. To act is hard. But the hardest thing in the world is to act in accordance with your thinking.”

-Goethe

On this date in 1783, Johanna Catharina Höhn lost her head for infanticide … thanks to the vote of the man who wrote the most recognizable infanticide story in literature.

Eleven years before, then-22-year-old Johann Wolfgang von Goethe had been a firsthand witness to the trial of another infanticide who ultimately lost her head. This case very likely inspired the character Gretchen in Goethe’s best-known work, Faust.

Faust was a lifelong project for the author, but evidently the same could not be said of empathy for infanticidal mothers.

As a Privy Councilor to Carl (or Karl) August, Grand Duke of Saxe-Weimar-Eisenach, Goethe was presented with the case of Höhn, a 24-year-old unmarried servant girl who cut her newborn son’s throat.

Infanticide was an Enlightenment wedge issue touching not only evolving standards of humane criminal justice, but “as the main eighteenth-century area of conflict surrounding social repression and female sexuality.”*

Was it justice to put mothers to death for infanticide? Was it efficacious for a state to do so — given that such crimes were committed in a state of desperation that might negate deterrence, and that the offenders attracted the pity of potentially unruly scaffold mobs?

And if the executioner’s sword** was not depended upon to keep women keeping it in their britches, what social policies ought to replace it?

Infanticide and its prevention was the favorite theme of the criminologists of that time. [Christian] Rothenberger calls attention to the wide discussion of means to care for the poor, to the evil effects of luxury, and then to a “formliche Kindermordlitteratur.”† [L.W.] Seyffarth, the editor of the best edition of [Johann Heinrich] Pestalozzi‘s works, says: “The question how infanticide might be stopped was at that time a burning one.”

The great interest in infanticide can best be brought to view by the contest for a prize of 100 ducats offered by [Karl Theodor] von Dalberg, intendant of the Mannheim theater, for the best essay on the subject: “What are the best and most practicable means to eradicate infanticide without promoting prostitution?” The contest closed at Whitsuntide, 1781. The offer of the prize was published in most of the newspapers and magazines of that time and was generally accompanied by editorial comments. The editorial in August Ludwig Schlozer‘s magazine Briefwechsel is typical. “There are crimes committed among us,” the editor writes, “which are the most horrible and at the same time the most common, and among these is infanticide; crimes which are related to virtues, virtues which develop into vices, and among these too is infanticide; crimes which experience teaches are not made less frequent by increasing the severity of the punishment, while not to punish them would bring disgrace to mankind and destruction to law and order, and among these too is infanticide … How long shall we lead to the block these unfortunate girls as sacrificial victims, whose love and the natural weakness of their sex, whose adornment of innocence and modesty has made them to be mothers and murderesses?“

The Duke inclined very strongly to the progressive answer gaining ground at the time, and when Hohn’s case surfaced, he put to his aides the prospect of eliminating the death penalty for infanticide and replacing it with other legal sanctions.

Those aides produced a mixed response. Goethe, perhaps the duke’s closest advisor, was ultimately in a position to exercise decisive influence on whether to adopt the duke’s proposal. (Whether it was the decisive influence is a matter of some dispute.)‡

Despite his sensitive portrayal of the fictional Gretchen/Margarete in Faust, the great writer took a distinctly retrograde stance on sparing actual flesh-and-blood women … and Goethe’s position, which he formally voted only 24 days before the execution, carried the day.

The evidence is clear that there was substantial (though not necessarily unanimous) agreement with the duke’s proposal to abolish the death penalty for infanticide.

… Without doubt, then, Goethe’s vote carried considerable weight. How could it not? He was the duke’s best friend and thus easily the most powerful member of the Council after Carl August because of his immense influence over him … [and] Goethe unquestionably cast his vote to retain the death penalty for a crime that was widely seen in his time as resulting from social injustice and harbouring wide potential for extenuating circumstances (in principle, not only in particular cases). His vote thus ran entirely counter to his depiction of the case of Margarete in Faust, in which ‘extenuating circumstances’ abound. While the question of Goethe’s guilt is a moral one that need not concern us, his part in the responsibility for retaining the death penalty for infanticide and thus also for the execution of Johanna Hohn is crystal-clear.*

A Weimar journalist called it “state murder.”

Hohn’s body was delivered to a Jena professor for anatomization.

A recent German book, Goethes Hinrichtung (Goethe’s Execution), novelizes the case.

* W. Daniel Wilson “Goether, his Duke, and Infanticide: New Documents and Reflections on a Controversial Execution,” German Life and Letters, January 2008. This volume includes the (German) text of the previously unpublished Halsgericht, a very detailed “script” for the actual execution. This volume of German Life and Letters also features a ceremonious dialogue between der Scharfrichter, the executioner, and der Richter, the judge, conveying possession of the criminal and legal direction for her punishment, which would all have been enacted in public in the doomed woman’s presence.

** Hohn was beheaded with a sword; this was itself a “mercy,” as she could have been dispatched by drowning.

† Most notably, Die Kindermörderin by Heinrich Leopold Wagner (both German links).

‡ Note that the consideration at the level of the Privy Council was formally about whether to abolish the death penalty for infanticide in general — not directly about Hohn’s case, which proceeded on a separate track. It seems to be generally agreed that Goethe and all other parties understood Hohn would live or die based on the statutory decision.

On this day..

1945: Three German war criminals

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On this date in 1945, three Germans were hanged by the American army at Landsberg for killing downed U.S. pilots during the late war.

Also available here.

Ernst Waldmann, a former Wehrmacht Unteroffizer, was one of the three; he shot an American pilot at Haimbuch in December 1944.

The other two were policemen Wilhelm Haffner and Albert Bury, who killed a downed pilot at Langen Sel Bold that same month — under, they protested, the coercion of the SS.

As the New York Times report noted, they died “within sight” of the cell in that same prison where Adolf Hitler (serving easy time for the Beer Hall Putsch) wrote Mein Kampf.

This was, coincidentally, also the same date that American president Harry S Truman first transmitted to Congress a national health insurance proposal. The doctors’ lobby howled it down as rank Bolshevism … leading to the bizarre ascendancy of the Rube Goldberg-esque employer-based insurance system that had sprouted during World War II as a consequence of wartime wage controls limiting employers’ ability to bid for workers’ service.

On this day..