William Joyce - Capture and Trial

Capture and Trial

At the end of the war, Joyce was captured by British forces at Flensburg, near the German border with Denmark. Spotting a dishevelled figure while resting from gathering firewood, intelligence soldiers – including a Jewish German, Geoffrey Perry (born Horst Pinschewer), who had left Germany before the war – engaged him in conversation in French and English. After they asked if he was Joyce, he reached for his pocket (actually reaching for a false passport); believing he was armed, they shot him through the buttocks, leaving four wounds.

Two intelligence officers then drove him to a border post, and handed him to British military police. Joyce was then taken to London and tried at the Old Bailey on three counts of high treason:

1. William Joyce, on the 18th of September, 1939, and on other days between that day and the 29th of May, 1945, being a person owing allegiance to our Lord the King, and while a war was being carried on by the German Realm against our King, did traitorously adhere to the King's enemies in Germany, by broadcasting propaganda.
2. William Joyce, on the 26th of September, 1940, being a person who owed allegiance as in the other count, adhered to the King's enemies by purporting to become naturalized as a subject of Germany.
3. William Joyce, on 18 September 1939, and on other days between that day and the 2 July 1940, being a person owing allegiance to our Lord the King, and while a war was being carried on by the German Realm against our King, did traitorously adhere to the King's enemies in Germany, by broadcasting propaganda.

The only evidence offered that he had begun broadcasting from Germany while his British passport was valid was the testimony of a London police inspector who had questioned him before the war while he was an active member of the British Union of Fascists and claimed to have recognised his voice on a propaganda broadcast in the early weeks of the war (Joyce had previous convictions for assault and riotous assembly in the 1930s).

During the processing of the charges Joyce's American nationality came to light, and it seemed that he would have to be acquitted, based upon a lack of jurisdiction; he could not be convicted of betraying a country that was not his own. He was acquitted of the first and second charges. However, the Attorney General, Sir Hartley Shawcross, successfully argued that Joyce's possession of a British passport, even though he had mis-stated his nationality to get it, entitled him (until it expired) to British diplomatic protection in Germany and therefore he owed allegiance to the king at the time he commenced working for the Germans. It was on this basis that Joyce was convicted of the third charge and sentenced to death on 19 September 1945.