Sphinx Protest

Six red-robed judges of the German Supreme Court started violently and some half rose from their chairs. Without warning the Dutch Sphinx of the Reichstag Fire Trial, ox-dumb Marinus van der Lubbe who has sat as though drugged or stupefied for weeks on end, suddenly leaped to his feet, clear-eyed and bubbling with protests which he hurled at Presiding Judge Dr. Wilhelm Buenger.

"This trial began in Leipzig," he shouted, "then moved to Berlin, and now we are back in Leipzig but nothing ever happens. I don't agree to that! I burned down the Reichstag and I want to have my sentence--twenty years in prison or Death! I have been questioned for over eight months. I want something to happen! This trial has now been going on for two months. How long is it going to take to get a verdict?"

"This trial has lasted so long," cut in Chief Prosecutor Werner, "because you will not reveal your accomplices."

"That was all cleared up long ago!" cried the Dutchman. "I set the tire. None of these other defendants had anything to do with it. A symbolism has come into this trial and I protest against it!"

Nazis charge that the fire was set by Communists as the symbol of and signal for a nation-wide Communist revolt. Not the slightest proof of this ever materialized, the Nazis themselves assuming all power instead and using the Reichstag fire as an excuse for Chancellor Hitler's repressive acts (TIME, March 13 et seq.). Last week amid Firebug van der Lubbe's passionate protest, Judge Bunger suspended the trial for half an hour and the Dutchman was led below. When brought back into court he again seemed stupefied as in the past but suddenly began to writhe and gasp as though struggling to throw off his stupor. "I can't say anything," he moaned at last. "I have just been below. I have voices in my body. There are voices in my cell!"

"What do the voices tell you?" asked Judge Bunger.

"They tell me what is happening. . . . But I alone set the fire!"

"What did the others, your accomplices, think about it?" insisted the Judge.

"What others? Can you name them? ... I want an ordinary trial and an ordinary sentence for myself!"

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