Allerhand Joachim Herman

Joachim Herman Allerhand - Personal data
Date of birth: 6th May 1897
Place of birth: Lwów
Date of death: 11th August 1970
Place of death: Zakopane
Occupation: barrister, an expert in civil law and civil procedural law, Polish Army officer
Related towns: Lviv

Allerhand Joachim Herman (6th May 1897, Lwów – 11th August 1970, Zakopane) - a barrister in Lwów and Kraków, Associate Professor in the Law Faculty of the Jan Kazimierz University (UJK) in Lwów, an expert in civil law and civil procedural law, Polish Army officer, participant in the 1920 war and 1939 defensive, defence advocate in the political trials during the Stalinist years.

He was born in Lwów to the family of lawyer Maurycy Allerhand (1868-1942) and Salomea née Weintraub, as one of two children. His sister was Maria Anna, married surname Feller (born 1896, murdered in 1942).

He graduated from a high school in Lwów in 1915, and then from the Faculty of Law at the local university, where he also obtained the degree of Doctor of Laws. During his studies, he attended the lectures by professors Władysław Abraham, Oswald Balzer, Juliusz Makarewicz, Stanisław Starzyński, Kamil Stefka, Ernest Till and others. In the years 1924-1936 he was a senior volunteer assistant at the Department of Civil Process at the UJK Faculty of Law, headed by Professor Kamil Stefko. He taught civil procedural law. At the same time, after a seven-year candidacy, in 1930, he was added to the Barristers’ Register of the Bar Council (Polish: Rada Adwokacka) in Lwów and began practising law in his own office.

In addition to a notable legal practice, he was also published in the legal press. His papers included Kilka uwag procesowych z powodu utworzenia przedsiębiorstwa “Polskie Koleje Państwowe” (“Głos Prawa” 1927, no. 4, pp. 135–139), Dwie kwestie z międzynarodowego prawa procesowego (1. Wykładnia wyroku. 2. Podjęcie zawieszonego postępowania) (“Polski Proces Cywilny” 1934, pp. 619–621); Przepisy przejściowe dekretu o usprawnieniu postępowania sądowego (“Polski Proces Cywilny” 1939, pp. 101–107) and answers questions concerning legal issues published in “Polski Proces Cywilnego” (Czy można zwrócić pismo stronie, która składa należną opłatę po upływie tygodnia od dnia doręczenia jej wezwania o uiszczenie, ale przed wydaniem postanowienia o zwróceniu pisma?, “Polski Proces Cywilny” 1937, p. 56; Czy w razie odjęcia dłużnikowi zarządu nieruchomości, z której prowadzi się egzekucję, i ustanowienia zarządcy można od wierzyciela żądać złożenia sumy, potrzebnej na prowadzenie zarządu? , “Polski Proces Cywilny” 1938, p. 751; Czy sprawy, w których przed wejściem w życie dekretu o usprawnieniu postępowania sądowego rozprawy w sądzie 2 instancji wyznaczano na czas, kiedy dekret już obowiązuje, powinny być rozpatrywane przez skład trzech sędziów, jeżeli wartość przedmiotu zaskarżenia mieści się w granicach od 500 do 1500 zł? , “Polski Proces Cywilny” 1939, pp. 112–113; Czy można dodatkowo uiścić opłatę w wysokości stałej, jeżeli przewodniczący nie wydał jeszcze zarządzenia zwrotu pisma, nieopłaconego należycie? , “Polski Proces Cywilny” 1939, pp. 177–178)

On 16th August 1919, he volunteered to join the Polish Army. He served in the 5th Legions’ Infantry Regiment, and then in the 40th Infantry Regiment as a Sublieutenant. He fought in the 1920 war and was awarded the 1920 War Medal. He belonged to the Lwów branch of the Society of Jewish Participants in the Fight for Poland's Independence.

In September 1939, as an officer in the Polish Army, in Soviet captivity, he almost miraculously escaped death in Katyn. After returning to Lwów, he began working as the manager of the “Kultigruszka” group (as he wrote in his biography, it was in fact a cooperative) and worked there until July 1941.

After German troops entered Lwów, he was arrested and beaten many times. In autumn of 1941, he and his family were interned in the Lwów ghetto. In August 1942, he escaped from the ghetto with his wife and son Leszek. He hid, as an officer of the Polish Army, under the false name of “Paweł Jan Mrozowski” and, from September 1942 to July 1944, he worked in a sawmill in Jaworów as a labourer and machine operator. At that time, his wife and son were hiding in many places, with “Aryan papers", under the names “Wanda Janikowska” and “Bazyli Szczepański” (sister's son). They were helped by a railwayman named Sieczko, who also arranged for Allerhand's wife, Zinajda, a railway card (identity document and, at the same time, work certificate) issued for Janikowska-Sieczko. Leszek Allerhand recalled that, from August 1942 to July 1944, he stayed with his mother in over thirty hiding places. Shortly after the Germans were driven out of Lwów, Joachim's family reunited. Joachim began working in re-established cooperatives and worked there until March 1945.

In April 1945, he came to Kraków with his family. On 30th May 1945, he registered himself and his family in the County Branch of the State Repatriation Office in Kraków. Initially, they lived in the Europejski Hotel (April-June), and then in the allocated apartment at ul. Krupnicza 3/7 (in the notification of change of address, he declared himself to be a Roman Catholic). Soon after, Allerhand was included in the list of barristers at the Bar Councli in Kraków and, from 1953, he was a member of Bar Team No 6. He also became a military defence attorney and an officer of the Polish People's Army.

Believing in the rule of law, at first, he was severely disappointed when, contrary to evidence, logic and a sense of justice, his clients were sentenced to death. In the Military District Court in Kraków, he defended, among others, Edward Kuczyński charged with desertion and the illegal crossing of the border. (He was sentenced to death on 25th February 1948 but, by the decision of the Supreme Court of 7th April 1948, the sentence was set aside and the case was lodged for reconsideration. Finally, on 20th May 1948, Kuczyński was sentenced to 12 years in prison. He was released in April 1954), Lucjan Śląski, (ex officio) head of press distribution unit at the 4th Main Board of WiN [Polish: Zrzeszenie Wolność i Niezawisłość - Freedom and Independence Association] (sentenced to death on 31st January 1949, then commuted, released in June 1956) and Stanisław Samborski, a partisan from the "Wiarusy" unit (on 13th April 1947 sentenced to death by a jury directed by Julian Polan-Haraschin, Samborski was executed on 20th December 1947). Allerhand was particularly aggravated by the case of a 17-year-old boy, who was sentenced only because a rifle was found in his home. The rifle was damaged and was one of his family’s mementos from the World War I. This, however, did not interest the military court. He was defending fewer and fewer cases. He also began to specialise in the defence of minors.

When his son Leszek, after passing his secondary school leaving examinations, asked him what university course he should choose, he was strongly advised against law. In the office, in the presence of Allerhand’s friend from Lwów, Professor Kazimierz Przybyłowski, who had been teaching at the Jagiellonian University since 1945, he told his son that it was not good to study law during times of lawlessness, and this opinion was supported by Professor Przybyłowski. As a result, his son chose medical studies, but it did not turn out to be easy ... because of his intelligentsia background. From the first year of studies, Leszek also worked to earn some money.

Politically, he was associated with the Alliance of Democrats (Polish: Stronnictwo Demokratyczne - SD) where, from 24th September 1947, he was formally the head of ideological training and, from 1949, vice-president of the SD Municipal Committee. He was also a member of the presidium of the city's Committee for the Defence of Peace and a member of the Polish-Soviet Friendship Society. The legal practice was not as gratifying to Allerhand as it had been before the war, nor as financially rewarding. For some time, he was financially supported by the Kraków Bar Councl (Polish: Rada Adwokacka w Krakowie). In the last years of his life, he had almost ceased to practise.

The last months of his life, he spent in the Lung Diseases Ward in Zakopane, where his son Leszek lived and worked from 1962. There, he died on 11th August 1970, the death being confirmed by his son. On 13th August 1970, he was buried in the Jewish Cemetery on ul. Miodowa in Kraków. During the funeral, eulogies were delivered by, among others, the Dean of the District Bar Association Dr. Stefan Kosiński.

He married Zinajda Rubinstein (1908-1978), with whom he had a son, Leszek (1932-2018), a Doctor of Medicine, author of several books, films and, inter alia, one of the founders of a legal organisation, the Allerhand Institute (the Professor Maurycy Allerhand Institute for Advanced Legal Studies).

Adam Redzik

The short biography of Allerhand Joachim Herman was included in: Słownik Biograficzny Adwokatów Polskich A–Ż, t. III (zmarli w latach 1945–2010), Warsaw pp. 4–6. 

Reprinted with the consent of the Supreme Bar Council (Polish: Naczelna Rada Adwokacka) .

Bibliography

  • Allerhand L., Żydzi Lwowa. Opowieść, Kraków – Warsaw 2010.
  • Allerhand M., Allerhand L., Zapiski z tamtego świata. Zagłada we Lwowie w dzienniku Profesora i wspomnieniach jego wnuka, Kraków 2011.
  • Dutka J., Zakrzewski M., Skazani na karę śmierci przez Wojskowy Sąd Rejonowy w Krakowie w latach 1946–1955, Kraków 2008, pp. 62, 66, 68.
  • State Archives of the Lviv Oblast, f. 26, op. 5, sp. 12 – Personal files.
  • Redzik A., Nauki prawne na Uniwersytecie Lwowskim, [in:] Universitati Leopoliensi trecentesimum quinquagesimum anniversarium suae fundationis celebranti in memoriam, Kraków 2011, pp. 145–183.
  • Redzik A., Prawo prywatne na Uniwersytecie Jana Kazimierza we Lwowie, Warsaw 2009.
  • Redzik A., W sprawie okoliczności śmierci profesora Maurycego Allerhanda, “Kwartalnik Historii Żydów” 2005, no. 2 (214), pp. 174–183.
  • Redzik A., Wydział Prawa Uniwersytetu Lwowskiego w latach 1939–1946, Lublin 2006.
  • Żydzi bojownicy o niepodległość Polski, eds. N. Getter, J. Schall, Z. Schipper, Lviv 1939, p. 329.

 

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