A Man Without Breath (5 page)

The War Crimes Bureau was part of the Wehrmacht legal department’s international section, whose chief was the ailing Maximilian Wagner. Reporting to him was my boss, Judge Johannes Goldsche. He had headed the bureau from its inception in 1939. He was about sixty, with fair hair and a small moustache, a hooked nose, largish ears, a forehead as high as the roof on the flower house, and an Olympian disdain for the Nazis that stemmed from many years in private practice as a lawyer and judge during the Weimar Republic. His appointment to the bureau owed nothing to his politics and everything to his previous experience of war-crimes investigations, having been deputy director of a similar Prussian bureau during the Great War.

By state law the Wehrmacht was not supposed to be interested in politics, and it took this independence very seriously
indeed. In the Wehrmacht’s legal office none of the six jurists charged with the regulation of the various military services were Party members. This is why – although I was not a lawyer – I fitted in very well. I think Goldsche regarded a Berlin detective as a useful blunt object in an arsenal that was filled with more subtle weapons, and he frequently used me to investigate cases where a more robust method of inquiry was required than just the taking of depositions. Few of the judges who worked for the bureau were capable of treating the shirking pigs and lying Fritzes that made up the modern German army – especially the ones who had committed war crimes themselves – as roughly as they sometimes deserved.

What none of these invariably Prussian judges perceived was that there were benefits that attached to being a witness in a war-crimes inquiry: a leave of absence from active service being the main one. As much as possible, we tried to interview men in the field, but it wasn’t every judge who wanted to spend days travelling to the Russian front, and one or two of the younger judges who did – Karl Hofmann for one – found themselves posted to active service. Those who had tried the experience were very nervous about flying to the front and, it’s fair to say, so was I. There are better ways to spend your day than bouncing around inside the freezing fuselage of an iron Annie in winter. Even Hermann Göring preferred the train. But the train was slow and coal shortages often meant that locomotives were stranded for hours – often days – on end. If you were a judge with the bureau, the best thing was to avoid the front altogether, to stay warm at home in Berlin and send someone else to the field – someone like me.

When I arrived at my desk I found a handwritten note summoning me to Goldsche’s office, so I took off my coat and belts, grabbed a notebook and a pencil, and went down to
the second floor. It was a lot colder there, on account of the fact that several of the windows had been blown out by the recent bombing and were being replaced by some whistling Russians – part of a POW battalion of glaziers, carpenters and roofers that had come into being in order to make up for the shortage of German workmen. The Russians seemed happy enough. Replacing windows was a better job than disposing of unexploded RAF bombs. And probably anything was better than the Russian front, especially if you were a Russian, where their casualty rate was ten times worse than ours. Unfortunately that didn’t look like it was going to stop them from winning.

I knocked on Goldsche’s door and then entered to find him sitting by the fire wreathed like Zeus in a cloud of pipe smoke, drinking coffee – it must have been his birthday – and facing a thin, bespectacled, almost delicate man of about forty, who had a face as long and pale as a rasher of streaky bacon, and about as devoid of expression. Like most of the men I saw at the bureau, neither of them looked as if he belonged in uniform. I’d seen more convincing soldiers inside a toy box. I didn’t feel particularly comfortable wearing a uniform myself, especially as mine had a little black SD triangle on the left sleeve. (That was another reason Goldsche liked me working there; being SD gave me a certain clout in the field that wasn’t available to the army.) But their lack of obvious martial aptitude was more easily explained than my own: as civil servants within the armed forces, men like Goldsche and his unknown colleague had administrative or legal titles but not ranks, and wore uniforms with distinctive silver braid shoulder-boards to denote their special status as non-military soldiers. It was all very confusing, although I dare say it was much more confusing to people in the OKW
how an SD officer like me came to be working for the bureau, and sometimes the SD triangle earned me some suspicious looks in the canteen. But I was used to feeling out of place in Nazi Germany. Besides, Johannes Goldsche knew very well I wasn’t a Party member – that, as a member of Kripo, I hadn’t had much choice in the matter of my uniform – and this was really all that mattered in the old Prussian’s republican book; this and the fact that I disliked the Nazis almost as much as he did.

I came to attention beside Goldsche’s chair and glanced over the pictures on the wall while I waited for the judge to address me. Goldsche was a keen musician, and in most of the pictures he was part of a piano trio that included a famous German actor called Otto Gebühr. I hadn’t heard the trio play but I had seen Gebühr’s performance as Frederick the Great in more films than seemed altogether necessary. The judge had music on the radio, although that was nothing to do with his love of music: he always turned on the radio when he wanted to have a private conversation, just in case anyone from the Research Office – which remained under Göring’s control – was eavesdropping.

‘Hans, this is the fellow I was telling you about,’ said Goldsche. ‘Captain Bernhard Gunther, formerly a commissar with Kripo at the Police Praesidium on Alexanderplatz, and now attached to the bureau.’

I clicked my heels, like a good Prussian, and the man waved a silent greeting with his cigarette holder.

‘Gunther, this is Military Court Official von Dohnanyi, formerly of the Reich Ministry of Justice and the Imperial Court, but these days he’s deputy head of the Abwehr’s central section.’

All of which meant of course that the special
shoulder-boards and distinctive collar patches and civil servant titles were really quite unnecessary. Von Dohnanyi was a baron, and in the OKW this was the only kind of rank that ever really mattered.

‘Please to meet you, Gunther.’ Dohnanyi was softly spoken like a lot of Berlin lawyers, although perhaps not as slippery as some I’d known. I figured him for one of those lawyers who were more interested in making law than in using it to turn a quick mark.

‘Don’t be fooled by that witchcraft badge he’s wearing on his sleeve,’ added Goldsche. ‘Gunther was a loyal servant of the republic for many years. And a damn good policeman. For a while he was quite a thorn in the side of our new masters, weren’t you, Gunther?’

‘That’s not for me to say. But I’ll take the compliment.’ I glanced at the silver tray on the table between them. ‘And some of that coffee, perhaps.’

Goldsche grinned. ‘Of course. Please. Sit down.’

I sat down and Goldsche helped me to some coffee.

‘I don’t know where the
Putzer
got this,’ said Goldsche, ‘but it’s actually very good. As a lawyer I should probably have my suspicions about his being a blackie.’

‘Yes, you probably should,’ I remarked. The coffee was delicious. ‘At two hundred marks for a half-kilo that’s quite an orderly you have there. I’d hang on to him if I were you and learn to look the other way like everyone else does in this city.’

‘Oh dear.’ Von Dohnanyi smiled very faintly. ‘I suppose I should confess that the coffee came from me,’ he said. ‘My father gets it whenever he plays a concert in Budapest or Vienna. I was going to mention it before, but I hardly wanted to diminish your good opinion of the
Putzer
, Johannes. Now
it seems I might get him into trouble. The coffee was a gift from me.’

‘My dear fellow, you’re too kind.’ Goldsche glanced my way. ‘Von Dohnanyi’s father is the great conductor and composer, Ernst von Dohnanyi.’ Goldsche was a tremendous snob about classical music.

‘Do you like music, Captain Gunther?’

Dohnanyi’s enquiry was scrupulously polite. Behind his round, frameless glasses the eyes didn’t care if I liked music or not; but then neither did I, and without the von in front of my name I certainly wasn’t nearly as scrupulous as he was about what I used to fill my ears.

‘I like a good melody if it’s sung by a pretty girl with a good pair of lungs, especially when the lyric is a vulgar one and the lungs are really noticeable. And I can’t tell an arpeggio from an archipelago. But life’s too short for Wagner, I do know that much.’

Goldsche grinned enthusiastically. He always seemed to take a vicarious delight in my capacity for blunt talking, which I enjoyed playing up to. ‘What else do you know?’ he enquired.

‘I whistle when I’m in the bath, which isn’t as often as I’d like,’ I added, lighting a cigarette. That was the other good thing about working for the OKW – there was always a plentiful supply of quite decent cigarettes. ‘Talking of which, it seems the Russians are here already.’

‘What do you mean?’ asked von Dohnanyi, momentarily alarmed.

‘Those fellows whistling in the corridor outside the door,’ I said. ‘The skilled German craftsmen from the local glazier’s guild who are repairing the flower-house windows. They’re Russians.’

‘Good Lord,’ said Goldsche. ‘Here? In the OKW? That hardly seems like a good idea. What about security?’

‘Someone’s got to repair the windows,’ I said. ‘It’s cold outside. There’s no secret about that. I just hope the glass is more durable than the Luftwaffe, because I’ve got the feeling the RAF is planning a return visit.’

Von Dohnanyi allowed himself a thin smile and then an even thinner puff of his cigarette. I’d seen children smoke with more gusto.

‘How are you feeling, anyway?’ Goldsche looked at the other lawyer and explained. ‘Gunther was in a house in Lutzow that was bombed while he was taking a deposition from a potential witness. He’s lucky to be here at all.’

‘That’s certainly the way I feel about it.’ I tapped my chest. ‘And I’m much better, thanks.’

‘Fit for work?’

‘Chest is still a bit tight, but otherwise I’m more or less back to normal.’

‘And the witness? Herr Meyer?’

‘He’s alive, but I’m afraid the only evidence he’s going to give any time soon is in the court of heaven.’

‘You’ve seen him?’ asked von Dohnanyi. ‘In the Jewish Hospital?’

‘Yes, poor fellow. A large part of his brain seems to have gone missing. Not that anyone notices that kind of thing very much nowadays. But he’s no use to us now, I’m afraid.’

‘Pity,’ said Goldsche. ‘He was going to be an important witness in a case we were preparing against the Royal Navy,’ he told Von Dohnanyi. ‘The British navy really does think it can get away with murder. Unlike the American navy, which recognizes all our hospital ships, the Royal Navy recognizes the larger-tonnage hospital ships but not the smaller ones.’

‘Because the smaller ones are picking up our unwounded air crews?’ asked Von Dohnanyi.

‘That’s right. It’s a great pity this case collapsed before it even got started. Then again, it does make life a little simpler for us. Not to mention more palatable. Goebbels was interested in putting Franz Meyer on the radio. That wouldn’t have done at all.’

‘It’s not just the ministry of propaganda who were interested in Franz Meyer,’ I said. ‘The Gestapo came to see me while I was in the state hospital, asking questions about Meyer.’

‘Did they?’ murmured Von Dohnanyi.

‘What sort of questions?’ asked Goldsche.

I shrugged. ‘Who his friends were, that kind of thing. They seemed to think Meyer might have been mixed up in some sort of currency-smuggling racket in order to help persuade the Swiss to offer asylum to a group of Jews.’

Goldsche looked puzzled.

‘Money for refugees,’ I added. ‘Well, you know how bighearted the Swiss are. They make all that lovely white chocolate just to help sugar the lie that they’re peace-loving and kind. Of course they’re not. Never were. Even the German army was in the habit of recruiting Swiss mercenaries. The Italians used to call it a bad war when Swiss pikemen were involved because their kind of fighting was so vicious.’

‘What did you tell them?’ asked Goldsche. ‘The Gestapo?’

‘I didn’t tell them anything.’ I shrugged. ‘I don’t know about a currency racket. The Gestapo mentioned a few names, but I certainly hadn’t heard of them. Anyway, the commissar who came to see me – I know him. He’s not bad as Gestapo officers go. Fellow by the name of Werner Sachse. I’m not sure if he’s a Party member but I wouldn’t be surprised if he wasn’t.’

‘I don’t like the Gestapo involving themselves with our inquiries,’ said Goldsche. ‘I don’t like it at all. Our judicial independence is always under threat from Himmler and his thugs.’

I shook my head. ‘The Gestapo are like dogs. You have to let them lick the bone for a while or they become savage. Take my word for it. This was a routine inquiry. The commissar licked the bone, let me fold his ears and then he slunk away. Simple as that. And there’s no need for alarm. I don’t see anyone winding up this department because seven Jews went skiing in Switzerland without permission.’

Von Dohnanyi shrugged. ‘Captain Gunther is probably right,’ he said. ‘This commissar was just going through the motions, that’s all.’

I smiled patiently, sipped my coffee, checked my own natural curiosity about exactly how it was that Von Dohnanyi had known Meyer was in the Jewish Hospital, and tried to bring the meeting to order. ‘What did you want to see me about, sir?’

‘Oh, yes.’ Goldsche nodded. ‘You’re sure you’re fit, now?’

I nodded.

‘Good.’ Goldsche looked at his aristocratic friend. ‘Hans? Would you care to enlighten the captain?’

‘Certainly.’ Von Dohnanyi put down his cigarette holder, removed his spectacles and then a neatly folded handkerchief, and started to clean the lenses.

I stubbed out my cigarette, opened my notebook, and prepared to take some notes.

Von Dohnanyi shook his head. ‘Please, just listen for now if you would, captain,’ he said. ‘When I’m finished you’ll perhaps understand my request that no notes are taken of this meeting.’