Synopsis

In Chapter 1 (KTB #148) ERICH begins his career as a spy, and he lets us know of his love of beautiful women. In Chapter 2 (KTB #149), he was transferred home to Germany and his shipboard romance with Karen ended. In Chapter 3 (KTB #151) he began his training as a spy – and he learned that a spy who falls in love with an enemy spy – gets shot!

In Chapter 4 (KTB #152) we read where ERICH himself falls for a woman who turned out to be a German spy herself and her job was to lure German spies in training to betray themselves – and ERICH is nearly washed out of spy training. In Chapter 5 (KTB #153) we learned that ERICH was to be in charge of Operation PELIKAN, the plan to blow up the Panama Canal with two Ju 87 STUKA dive bombers brought over on two U-boats. At the last moment, it was thought by the German agency, that someone had tipped off the Americans to this plot, so the plan was scrapped. In Chapter 6 (KTB #154 and KTB #155) we read how ERICH and the Abwehr tried to find him a partner for his mission into the USA with the intended purpose of sabotaging the Manhattan Project – the atomic bomb project in the United States. In Chapter 7 (KTB #156) we read about the Atlantic crossing to the USA where ERICH and Billy were to be put ashore to assault the ‘Manhattan Project’. In Chapter 8 (KTB #157), the two agents landed on the coast of Maine, ready to begin their sabotage of the atomic bomb project. In Chapter 9 (KTB #158) ERICH gets the shock of learning that Billy has taken all the money and the diamonds, and deserted not only the mission, but ERICH as well.

In the first part of Chapter 10 (KTB #159) ERICH is trying desperately to find Billy – and get his $60,000 and diamonds back. In the balance of Chapter 10, we see how ERICH outwitted Billy and got his suitcases, filled with money and spy equipment back – at Billy’s expense but in the meantime to nobody’s surprise, ERICH has found another woman. In chapter 11, ERICH is doing well with this new woman, an old contact is going to tell him about the Manhattan Project - but his time is running out and Billy is about to betray him to the F.B.I. In Chapter 12, ERICH was happily spending Christmas with Joan, but his tour of duty as a spy – and his life, were almost over. He was arrested by the F.B.I. and headed for the gallows. In Chapter 13, he's grilled by the F.B.I. In Chapter 14, he faces the probability of the hangman.

Chapter 15 (II): Sentenced to Death

At the end of our respective biographies, Carey said: I have shown how the two accused arrived in the United States by enemy U-Boat to work against us. I have today reconstructed their route from Frenchman Bay via Portland and Boston to New York, and I have narrated their activities in New York. A whole crowd of witnesses is waiting outside, and we start cross-examining them straight away. But before we pass on to that I should like to introduce an entirely new point into the case.

His apparent boredom, his weary indifference, his pedantic matter of factness suddenly fell from him. He stood there now, quiet, cynical, obviously feeling his power. He straightened himself, his voice became penetrating, his gaze wandered from one to the other, over us the accused, the defense, the court, back to the spectators. It is now my duty to present proof that the two accused have in fact caused infinite suffering. The matter does not rest with the mission they failed to fulfill…

He paused, then his voice got louder, more penetrating. His whole countenance seemed to be aflame and his eyes had a fanatical glint. I maintain no more and no less,

he said with infuriating slowness, than that forty-seven gallant American sailors paid with their life blood for the entry of these men into our country. I put it to you that the grain steamer SS CORNWALLIS was betrayed through short-wave communication by Gimpel to U-boat 1230 and that this act of betrayal cost the lives of 47 men, citizens of this country.

EDITOR NOTE – SS CORNWALLIS was first damaged by U-514 under Auffermann on 11 September 1942, repaired and on 3 December 1944, she was sunk by U-1230 under Hilbig, Member #186-1986 HOWEVER, this was a Canadian ship, so one must wonder how the prosecutor can claim that the 47 men were citizens of the United States.

“I protest!” called my counsel, Major Haigney, in a loud voice. “This occurrence has nothing whatever to do with the substance of the prosecution.”

“We will see about that,” answered Carey with vigor.

“Protest rejected,” said the President. He leaned back and added sotto voce, “The court commission has no more intention of limiting the rights of the prosecution than of limiting the rights of the defense. Please proceed Major Carey.”

A fleeting smile passed across Carey’s face. He was in his element. He leaned slightly forward. At that moment he looked alarmingly small and frail, but from that moment he was to drive the proceedings forward, blow by blow, remorselessly, without respite. “I request the court to call First Lieutenant Frank C. Gordon of the American Navy as witness.”

The colonel nodded.

The man who stepped forward into the witness box looked the typical American officer. He was of medium height, powerfully built and sun-tanned. He gave his replies loudly, with precision and without looking to the right or left. Carey began. “Where are you stationed, Lieutenant?”

“In East Coast Headquarters.”

“What do you do there?”

“I am responsible for the area.”

“Would you please explain your function more precisely?”

“I am responsible for seeing that all sections of the coast are evenly covered by air and sea patrols in accordance with a precisely laid plan.”

“So you work in collaboration with the Air Force?”

“Yes sir, we compliment each other’s function.”

“And what are your terms of reference from the military point of view?”

“Our instructions are to attack and destroy the enemy, to protect our own ocean traffic, and to keep the sea lanes open.”

The lieutenant gave his reply smartly and automatically. It was obvious that he had repeated the words over and over again in dozens of instruction sessions.

I had no idea what Major Carey could be driving at. Actually at that moment I knew nothing of the disaster which had taken place on the high seas on the 3rd December 1944. It was the only point in the indictment on which I was completely innocent, but the prosecutor made it his business to see that the occurrence should rebound very much to my discredit, at any rate from the psychological point of view.

“So the matter of defense against U-Boats is also in your sphere,” continued Carey.

“Of course, sir,” replied Lieutenant Gordon.

“When did you record the last U-boat attack?”

“I protest,” called one of my counsel. “This question has nothing to do with the matter under discussion.”

“I would ask you to leave the matter of how I conduct the prosecution to me,” replied Carey with severity.

The President took no part in this battle of words. The argument went this way and that till finally he put in the decisive word. "The court considers that the question as to the date of the last U-boat attack is justified. The objection cannot be allowed. Please continue, Major.”

Carey passed his tongue over his lips. He held out a document to the Lieutenant. “I have here a report from the few survivors of the grain steamer SS CORNWALLIS. Do you recognize the signature?”

“Yes, sir. It is the signature of Admiral Felix Gygax, Commander of the North Navy Group.”

The major turned quickly to the President, and laid the document on his table. “I present this document as evidence.”

“I protest in the strongest possible terms,” called Haigney.

“Why?” asked the President.

“The prosecution is making no attempt to keep to the facts of the case. The sinking of the grain ship has nothing whatever to do with the terms of the indictment already presented. The prosecution is obviously attempting with the help of the forty-seven dead of SS CORNWALLIS to influence the court against my client. It is an attempt to whip up emotion and animosity which is unworthy of an American court of law.”

“This document,” interrupted Major Carey, “is signed by an admiral. I have selected this report from a whole pile of documents because it presents in the clearest and most concise way possible the essential facts of the case. It is clear proof that a German U-boat, and we know that this U-boat was U-1230, torpedoed a grain ship which was sailing with lights on, without any previous warning. I strongly protest that the official report of an American admiral should be described as an unworthy attempt to whip up feeling.”

The atmosphere of the courtroom was at fever pitch. Major Carey’s dramatic revelation had not failed to gain its effect. It had still not been decided whether the document could be allowed as evidence or not, but in the course of the heated discussion which followed, the prosecutor succeeded in introducing, not without a certain relish, the most gruesome details of the death of the forty seven sailors.

“I uphold my protest,” said Haigney. “I consider it out of order to admit this document as evidence.”

The President addressed him sharply: “I should be obliged if you would leave it to the court to decide what is admissible and what is not.”

Then my second counsel took a hand. “I should like to put a few questions to the witness,” said Major Reagin. “You are carrying a briefcase, Lieutenant, and I assume that it contains all the documents relevant to the sinking of SS CORNWALLIS.”

“That’s right,” replied the officer.

“Please open your briefcase,” said Reagin, “and take out the documents. Now, have you got the official report of the sinking of SS CORNWALLIS in front of you?”

“Yes, sir.”

“Will you please look at it,” said Reagin, “and tell us what is given as the reason for sinking.”

“It is stated that the ship was in all probability destroyed by an enemy U-boat.”

“And what is the meaning of ‘in all probability’?”

“It means the authorities can imagine no other cause.”

“But that does not mean,” Major Reagin continued sternly, “that there could be no other cause.”

“No, of course not.”

It was plain that Reagin felt a sense of accomplishment. “What other reason could you suggest?”

“A mine, sir.”

“But you cannot say with certainty that it was a mine?”

“No, certainly not.”

“I would like to point out,” said Carey, “that in this operational zone there are no enemy mines.”

In his eagerness he had for the first time run straight into the trap set by my defense. “Who said,” Reagin interrupted with delight, “that it might have been an enemy mine? I ask you Lieutenant,” and he turned now to the witness, “whether in this area mines are laid for coastal defense?”

“Yes, they are,” answered Gordon reluctantly.

“It would therefore be quite possible that SS CORNWALLIS ran into an American mine?”

“That possibility cannot be excluded.”

“Thank you,” said Reagin. He turned with a bow to the President and smiled. “I leave it to the court,” he said, “to draw its own conclusions from this piece of evidence. And I should like to repeat that I consider that the way in which the prosecutor has attempted to use an unhappy accident of war, which we all regret, to trip up the accused, to be unfair and un-American. I request the matter of CORNWALLIS be excluded from the case.”

The President nodded. “The court will have to decide upon that when they are considering their verdict. The court is now adjourned until tomorrow.”

The case proceeded with nerve-wracking slowness. The court investigated everything so thoroughly that I could no longer be in any doubt as to the outcome of the case. For hours on end my counsel battled with Major Carey. Victory and defeat followed on one another in tantalizing sequence, but my counsel were really defending a hopeless case, and displaying their forensic skill on a dead horse.

My case had by now appeared in the press, without comment. On the first day of the proceedings a press photographer had caught me and my picture had appeared with the caption ‘An Enemy Spy’.

The newspapers did not know the details of the case, and I cannot say that the photograph they reproduced was particularly flattering. Anyhow I had attached no special importance to it at the time. But this photograph was to bring about a situation which – I think it was on the fifth day of the case – was to leave me shattered and helpless. The President opened the session as usual with cool, gentlemanly detachment.

I think it was the 13th witness who was being cross-examined. Everyone who in any way had come in contact with me – the first taxi driver, the sausage salesman, the man at the newspaper stand, the hotel porters, even the charwomen – all were questioned.

The President, consulting a scrap of paper in his hand, announced: “Another witness has reported. She is waiting outside. We could hear her now.”

“I attach no importance to her,” Carey said at once.

“The defense is of the opinion that no possibility of establishing the true facts should be excluded,” said Reagin.

“Then the court will hear her,” said the Colonel. He motioned to the bullet-headed sergeant at the door. The man went out. For just a minute subdued conversation could be heard in the courtroom. Then the door opened slowly. I did not at once look in that direction. It was only when everyone else had turned round that I took a look at the witness.

I got the shock of my life. I wanted to jump up, run towards her and rush her away. I wanted to scream, to implore, to threaten, but I remained seated in my chair as if rooted to the spot.

“Your name?” asked the President.

She walked up confidently. She was tall, slim and lovely. She looked straight ahead. Only as she passed me did she throw a quick glance in my direction. It was a sad, an infinitely sad look.

“My name is Joan Kenneth,” she said. “I am an American citizen. I live in New York and run a small fashion shop.” She gave her personal details.

“You know the accused?”

“Yes,” she replied.

“Where did you meet him?”

“In the apartment of a mutual friend.”

“When?”

“Six weeks ago.”

“Did you know,” asked Major Carey, “that the accused was a German spy?”

“No,” answered Joan quickly.

Carey turned to the President. “I cannot see how this witness is relevant to the case,” he said.

The President hesitated for a moment.

“But I can!” Reagin broke in before I could stop him. “I should like to put a few questions to you, Miss. Kenneth, with the court’s permission.”

“Allowed,” said Colonel Harrold.

Joan turned towards me. She looked at me. Her face was pale, she tried to smile at me but somehow the smile went astray. She made a helpless gesture with her hand as if she wanted to come to me and comfort me. She ignored all the men who were staring at her, the strained surprise on the faces of the court, the lurking hatred of the prosecutor.

“Why have you offered yourself as a witness?” asked Major Reagin with caution.

“Because I have a close relationship with the accused.”

“What am I to understand by that?”

“I love him,” said Joan simply.

For a few seconds, there was a complete silence in the courtroom.

“You may be surprised to hear me say that,” continued Joan, “in view of the fact that the accused is an enemy of our country. I do not know if the work he did here was bad or harmful…..the war is to blame for everything, and everyone who is in the service of war is also the victim. I am a woman and a woman knows a man far better than men can ever know him, and as a woman there is something I must tell you.”

She paused for a while. The words came with difficulty. She swallowed. No one but Reagin attempted to meet her halfway, but it seemed she did not need this.

I could not take my eyes off her. Until this moment I had followed the case with a sort of numb indifference. Now I felt worked up. Pain, excitement, and a feeling of suffocation came over me. I felt like shouting: “Leave her alone. Tell her she must be quiet. All this is our affair, ours alone. It’s nothing to do with anyone else; the court, the defense or the prosecution. Hang me, hang me if you like, but leave her alone!”

I forgot time and place. I saw and heard nothing more. Everything was spinning in front of my eyes, faster, louder, faster, faster! It was suddenly as if a roundabout was there, with figures and human faces – evil, mocking faces. And in the midst of them stood Joan, and everything else was dancing around her. They all wanted to get hold of her, to drag her into the mud. But she smiled and looked through the roundabout at me, looked me straight in the face, and once more I was standing beside her just as I had stood on Christmas Eve…..

We had opened the window because the room was too hot. We were standing close together and I put my arms round her. The cool night air fanned our faces. We stood there without saying a word. We already knew all there was to say to each other. I drew her more closely and we kissed. Our nearness took on a new beauty as time, was, fear, everything fell away from us. The future and the past fused into the present, into this one hour which was ours alone. No power in the world, no state, no country, no war, no court of justice could rob us of our golden hour.

“It was just as if I had always known you,” Joan said. “I’ve been waiting for you always, only for you, and I’ve always known what it would be like.”

I forgot everything. I looked into her eyes and we kissed again. To me it was a painful happiness….. And then came the end, the morning flight. It was all over. It had to be all over, for Joan’s sake. And Joan would always hate me. But she didn’t! She understood! She understood the incomprehensible. She knew why I had left her. If I had not left her I would have gone away with her, fled into happiness, happiness that knew no frontiers, no tears, no wars. If only I had put everything behind me. What a fool I had been…..

“The accused is a man, a human being,” Joan said quietly. “He feels as a man, thinks as a man, he lives as a man. I do not know in what light he has been presented here, but if this man has done anything which is punishable by law I must ask you to remember that you are not sitting judgment of a barbarian but on a man who is loved by a woman, a woman who is a citizen of this country.”

The courtroom was silent. No one said a word. All eyes were on Joan, on her dear face, her lovely hair, her graceful figure, her elegant fur coat. The President turned to Major Carey.

“Do you wish to cross examine the witness?”

“No, thank you,” said the prosecutor.

“Does the defense wish to put any questions?” asked the colonel.

“No, thank you,” said Reagin quickly.

He looked round the room. Joan had really had no evidence to give, but no one had remained unaffected by what she had said, and in an American court, feeling counts for a good deal. The dead of the CORNWALLIS were being weighed against the love of a young American woman.

“You are dismissed,” the President told Joan.

For a second she hesitated, and once more she turned to me. We looked at each other, our lips tightly compressed. Then she tightened her grip on her handbag and walked calmly and confidently to the door. Each one of her retreating footsteps was like a pain in my heart. The wound had been tore wide open, for I had glimpsed once more the happiness which was to be denied to me forever.

Joan was an important psychological factor in my defense, but what had the matter of my defense to do with our love?

The case went on – endlessly, relentlessly. I followed it with something akin to apathy, as witness followed witness, gave evidence, took the oath and went. The arraignment of the officers of the American coastal defense was a nice little tidbit of military scandal for those who could extract any enjoyment from the situation. They certainly got a severe handling. The witnesses entered the courtroom as pale as if they had been the accused. Every bit of negligence and carelessness was censured in the most harsh of terms. My judges were all military men who were very much at home on matters of defense.

When the fifteen-year-old Scout, Johnny Miller, stepped into the witness box, the lamentable spectacle reached its climax. The boy, a bright lad who seemed much older than his years, described how he had discovered our footprints but had tried in vain to apprise the American authorities of our arrival. Perhaps it was only my impression, but it seemed to me that both the prosecutor and the President cross examined Miller with special thoroughness. Finally, Colonel Harrold said:

“You have shown courage and foresight, my boy, and I feel it is my duty on behalf of the American people to thank you for your action. You have demonstrated a greater feeling of responsibility than many a grown man and indeed many an officer who was explicitly entrusted with the task of guarding his homeland.”

The hearing of the evidence was concluded. For six whole days there had been a tug of war between prosecution and defense and there was no doubt that the prosecution was winning. But that went without saying. Anyhow, the rope they were tugging at was to become a rope for my neck…..

Thanks to FRANK WEINGART (842-1988) who sent us the copy of the book.

Spy for Germany

Chapter 7: To America by Submarine (KTB # 156)
Chapter 8: The Landing in America (KTB # 157)
Chapter 9: Tricked by Billy in NYC (KTB # 158)
Chapter 10 (I): I Work Out My Own Situation (KTB # 159)
Chapter 10 (II): I Work Out My Own Situation (KTB # 160)
Chapter 11 (I): Billy Betrays Me to the F.B.I. (KTB # 161)
Chapter 11 (II): Billy Betrays Me to the F.B.I. (KTB # 162)
Chapter 12 (I): Love -- and then Arrest! (KTB # 163)
Chapter 12 (II): Love -- and then Arrest! (KTB # 164)
Chapter 13 (I): Grilled by the FBI (KTB # 165)
Chapter 13 (II): Grilled by the FBI (KTB # 166)
Chapter 13 (III): Grilled by the FBI (KTB # 167)
Chapter 14 (I): In the Shadow of the Hangman (KTB # 168)
Chapter 14 (II): In the Shadow of the Hangman (KTB # 169)
Chapter 15 (I): Sentenced to Death (KTB # 170)
Chapter 15 (II): Sentenced to Death (KTB # 170)