Sentence By Judge Walter Meyer May 14, 1935 and Revision 1937 (Berner Obergericht)
Eventually the defendants Theodor Fischer and Silvio Schnell were sentenced by judge Walter Meyer in his verdict, while three other defendants were acquitted. The penalty was a quite symbolic fine: Fr. 50 (Fischer) and Fr. 20 (Schnell). However the defendants found guilty would have to pay a larger sum of the costs of the trial and some of the costs of the plaintiffs. Commenting on his verdict in the court, judge Walter Meyer said he was convinced by his evaluation of the testimonies of the witnesses and the statements of the experts that the Protocols of the Elders of Zion are a forgery and "Schundliteratur" that might instigate crimes by agitation against a minority.
Theodor Fischer himself and the lawyer of Silvio Schnell (Hans Ruef, Berne) immediately appealed to the Berner Obergericht which acquitted both defendants in 1937 on purely formal legal grounds, arguing that the term "Schundliteratur" of the Bernese Law is not applicable to "political publications" but only to "immoral (obscene) publications". The Berner Obergericht refused the obligation of the private plaintiffs to pay the costs of defence of the acquitted defendants explaining that "the one who circulates such sort of most vulgar instigating articles has to pay himself the costs resulting from them." Fischer had to pay Fr. 100 to the state fees of the trial (Fr. 28'000, paid by the Canton of Berne).
Read more about this topic: Berne Trial
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