MAJOR WALSH: I will do so, Sir. On Page 1 of the translation, I quote.

The title: “The Warsaw Ghetto is no more.”

“For the Führer and their country the following fell in the

battle for the destruction of Jews and bandits in the former

Jewish residential area of Warsaw.”—Fifteen names are

thereafter listed.

“Furthermore, the Polish Police Sergeant Julian Zielenski, born

13 November 1891, 8th Commissariat, fell on 19 April 1943 while

fulfilling his duty. They gave their utmost, their life. We

shall never forget them.

“The following were wounded. . . .”

Then follow the names of 60 Waffen-SS personnel, 11 watchmen from

training camps (probably Lithuanians), 12 Security Police officers in SS

units, 5 men of the Polish Police, and 2 soldiers of the Wehrmacht

Engineers.

Permit me to read some brief excerpts of the daily teletype reports.

Page 13 of the translation, from the teletype message of 22 April 1943,

I read:

“Our setting the block on fire achieved the result in the course

of the night that those Jews whom we had not been able to find

despite all our search operations left their hideouts under the

roofs, in the cellars, and elsewhere and appeared on the outside

of the building, trying to escape the flames anyhow. Masses of

them—entire families—were already aflame and jumped from the

windows or endeavored to let themselves down by means of sheets

tied together or the like. Steps had been taken so that these

Jews as well as the remaining ones were liquidated at once.”

And from Page 28 of the translation, the last part of the first

paragraph, I read:

“When the blocks of buildings mentioned above were destroyed,

120 Jews were caught and numerous Jews were destroyed when they

jumped from the attics to the inner courtyards, trying to escape

the flames. Many more Jews perished in the flames or were

destroyed when the dugouts and sewer entrances were blown up.”

And on Page 30, second half of the second paragraph, I read:

“Not until the blocks of buildings were well aflame and were

about to collapse did a considerable number of Jews emerge,

forced to do so by the flames and the smoke. Time and again the

Jews tried to escape even through burning buildings. Innumerable

Jews whom we saw on the roofs during the conflagration perished

in the flames. Others emerged from the upper stories in the last

possible moment and were only able to escape death from the

flames by jumping down. Today we caught a total of 2,283 Jews of

whom 204 were shot; and innumerable Jews were destroyed in

dugouts and in the flames.”

And from Page 34, the second paragraph, I read, beginning the second

line:

“The Jews testify that they emerge at night to get fresh air,

since it is unbearable to stay permanently within the dugouts

owing to the long duration of the operation. On the average the

raiding parties shoot 30 to 50 Jews each night. From these

statements it was to be inferred that a considerable number of

Jews are still underground in the ghetto. Today we blew up a

concrete building which we had not been able to destroy by fire.

In this operation we learned that the blowing up of a building

is a very lengthy process and takes an enormous amount of

explosives. The best and only method for destroying the Jews

therefore still remains the setting of fires.”

And from Page 35, the last part of the second paragraph, I read:

“Some depositions speak of three to four thousand Jews still

remaining in underground holes, sewers, and dugouts. The

undersigned is resolved not to terminate the large-scale

operation until the last Jew has been destroyed.”

And from the teletype message of 15 May 1943 on Page 44, we gather that

the operation is in its last stage. I read the end of the first

paragraph on Page 44:

“A special unit once more searched the last block of buildings,

which was still intact, in the ghetto and subsequently destroyed

it. In the evening the chapel, mortuary, and all other buildings

in the Jewish cemetery were blown up or destroyed by fire.”

On 24 May 1943 the final figures have been compiled by Major General

Stroop. He reports on Page 45, last paragraph:

“Of the total of 56,065 caught, about 7,000 were destroyed in

the former Jewish residential area during large-scale

operations; 6,929 Jews were destroyed by transporting them to T.

II”—which we believe to be Treblinka, Camp Number 2, which will

later be referred to—“the sum total of Jews destroyed is

therefore 13,929. Beyond the number of 56,065 an estimated

number of 5,000 to 6,000 Jews were destroyed by being blown up

or by perishing in the flames.”

The Court has noted within the report 1061-PS a number of photographs;

and with the Court’s permission I should like to show a few of these

photographs, still pictures, on the screen, unless the Court believes

that reference to the original text will be sufficient for the Court’s

purpose.

THE PRESIDENT: No; if you want to put them on the screen, you may do so.

Perhaps it would be convenient to adjourn now and you can put them on

the screen afterwards.

[_A recess was taken._]

[_Still pictures were projected on the screen in the courtroom._]

MAJOR WALSH: This first picture [_pointing to a picture on the screen_]

is shown on Page 27 of the photographs in Document 1061-PS. It is

entitled “The Destruction of a Block of Buildings.” The Court will

recall those portions of the teletype messages that referred to the

setting of fires for the purpose of driving out the Jews. This picture,

taken from the record, portrays such a scene.

This picture [_pointing to a picture on the screen_] is from Page 21 of

the photographs contained in the exhibit, and the caption is “Smoking

out of the Jews and Bandits.” Excerpts from the teletype messages read

in the record relate to the use of smoke as a means of forcing Jews out

of the hiding places.

This picture [_pointing to a picture on the screen_] is from Page 36 of

the photographs in the exhibit and it is called “Fighting a Nest of

Resistance.” It is obviously a picture of an explosive blast being used

to destroy one of the buildings, and the Court may recall the message of

7 May 1943 that related to the blowing up of buildings as a lengthy

process requiring an enormous amount of explosive. The same message

reported that the best method for destroying the Jews was the setting of

fires.

This picture [_pointing to a picture on the screen_] is taken from Page

36 of the photographs. The Court’s attention is invited to the figure of

a man in mid-air who appears in the picture about halfway between the

center and the upper right-hand corner. He has jumped from one of the

upper floors of the burning building. A close examination of this

picture by the Court in the original photograph will disclose other

figures, in the upper floor windows, who apparently are about to follow

him. The teletype message of 22 April reported that entire families

jumped from burning buildings and were liquidated at once.

This picture [_pointing to a picture on the screen_] is from Page 39 of

the photographs. It is entitled “The Leader of the Large-scale Action.”

The Nazi-appointed commander of this action was SS Major General Stroop,

who probably is the central figure in this picture. I cannot refrain

from commenting at this point on the smiling faces of the group shown

there, in the midst of the violence and destruction.

THE PRESIDENT: Are you passing from that document now?

MAJOR WALSH: Yes, Sir.

THE PRESIDENT: Will you tell the Tribunal where the document was found?

MAJOR WALSH: It is a captured document, Sir. I do not have the history,

but I shall be very pleased to submit the background and history to the

Court at the beginning of the afternoon session.

THE PRESIDENT: The Tribunal, I think, would like to know where it was

found and to whom it was submitted.

MAJOR WALSH: I have that. I believe that is contained in the document.

The teletype messages, Sir, that are contained in this exhibit were all

addressed to the Higher SS and Police Führer, SS Obergruppenführer and

General of the Police Krüger or his deputy.

It was not always necessary, or perhaps desirable, first to place the

Jews within the ghettos to effect the elimination. In the Baltic States

a more direct course of action was followed. I refer to Document L-180,

now in evidence, which is Exhibit USA-276. This is a report by SS

Brigade Führer Stahlecker to Himmler, dated 15 October 1941, entitled

“Action Group A,” found in Himmler’s private files. He reported that

135,567 persons, nearly all Jews, were murdered in accordance with basic

orders directing the complete annihilation of the Jews. This voluminous

document provides me with the following statement by the same SS Brigade

Führer, and from the translation at the bottom of Page 6, the second

sentence of the last paragraph, I read:

“To our surprise it was not easy, at first, to set in motion an

extensive pogrom against the Jews. Klimatis, the leader of the

partisan unit mentioned above, who was used for this purpose

primarily, succeeded in starting a pogrom on the basis of advice

given to him by a small advanced detachment acting in Kovno and

in such a way that no German order or German instigation was

noticed from the outside. During the first pogrom in the night

from 25 to 26 June the Lithuanian partisans did away with more

than 1,500 Jews, setting fire to several synagogues or

destroying them by other means and burning down a Jewish

dwelling district consisting of about 60 houses. During the

following nights 2,300 Jews were eliminated in a similar way.”

From the last part of Paragraph 3, Page 7, I read:

“It was possible, though, through similar influences on the

Latvian auxiliary to set in motion a pogrom against the Jews

also in Riga. During this pogrom all synagogues were destroyed

and about 400 Jews were killed.”

Nazi ingenuity reached a new high mark with the construction and

operation of the gas van as a means of mass annihilation of the Jews. A

description of these vehicles of horror and death and the operation of

them is fully set forth in a captured top-secret document, dated 16 May

1942, addressed to SS Obersturmbannführer Rauff, 8

Prinz-Albrecht-Strasse, Berlin, from Dr. Becker, SS Untersturmführer. I

offer this document, 501-PS, Exhibit USA-288. I quote:

“The overhauling of vans by groups D and C is finished. While

the vans in the first series can also be put into action if the

weather is not too bad, the vans of the second series (Saurer)

stop completely in rainy weather. If it has rained for instance

for only one-half hour, the van cannot be used because it simply

skids away. It can only be used in absolutely dry weather. It is

a question now of whether the van can be used only when it

stands at the place of execution. First the van has to be

brought to that place, which is possible only in good weather.

The place of execution is usually 10 to 15 kilometers away from

the highway and is difficult of access because of its location;

in damp or wet weather it is not accessible at all. If the

persons to be executed are driven or led to that place, then

they realize immediately what is going on and get restless,

which is to be avoided as far as possible. There is only one way

left: to load them at the collecting point and to drive them to

the spot.

“I ordered the vans of group D to be camouflaged as

house-trailers by putting one set of window shutters on each

side of the small van and two on each side of the larger vans,

such as one often sees on farm houses in the country. The vans

became so well-known that not only the authorities but also the

civilian population called the van ‘death van’ as soon as one of

the vehicles appeared. It is my opinion the van cannot be kept

secret for any length of time, not even camouflaged.”

And then I read the fourth paragraph on this page:

“Because of the rough terrain and the indescribable road and

highway conditions the caulkings and rivets loosen in the course

of time. I was asked if in such cases the vans should not be

brought to Berlin for repairs. Transportation to Berlin would be

much too expensive and would demand too much fuel. In order to

save these expenses I ordered them to have smaller leaks

soldered and, if that should no longer be possible, to notify

Berlin immediately by radio, that License Number . . . is out of

order. Besides that I ordered that during application of gas all

the men were to be kept as far away from the vans as possible,

so that they should not suffer damage to their health by the gas

which eventually would escape. I should like to take this

opportunity to bring the following to your attention: Several

commands have had the unloading, after the application of gas,

done by their own men. I brought to the attention of the

commanders of these special detachments concerned the immense

psychological injury and damage to their health which that work

can have for those men, even if not immediately, at least later

on. The men complained to me about headaches which appeared

after each unloading. Nevertheless they don’t want to change the

orders, because they are afraid prisoners called for that work

could use an opportune moment to flee. To protect the men from

such damage, I request orders be issued accordingly. The

application of gas usually is not undertaken correctly. In order

to come to an end as fast as possible, the driver presses the

accelerator to the fullest extent. By doing that the persons to

be executed suffer death from suffocation and not death by

dozing off as was planned. My directions now have proved that by

correct adjustment of the levers death comes faster and the

prisoners fall asleep peacefully. Distorted faces and

excretions, such as could be seen before, are no longer noticed.

“Today I shall continue my journey to group B, where I can be

reached with further news. Signed, Doctor Becker, SS

Untersturmführer.”

On Page 3 in Document 501-PS we find a letter signed by Hauptsturmführer

Trühess on the subject of S-Vans, addressed to the Reich Security Main

Office, Room II-D-3-A, Berlin, marked “top secret.” This letter

establishes that the vans were used for the annihilation of the Jews. I

read this top-secret message; subject, “S-Vans”:

“A transport of Jews, which has to be treated in a special way,

arrives weekly at the office of the commandant of the Security

Police and the Security Service of White Ruthenia.

“The three S-vans which are there are not sufficient for that

purpose. I request assignment of another S-van (5 tons). At the

same time I request the shipment of 20 gas hoses for the three

S-vans on hand (two Diamond, one Saurer), since the ones on hand

are leaky already.”—Signed—“the Commandant of the Security

Police and the Security Service, Ostland.”

It would appear from the documentary evidence that a certain amount of

discord existed between the officials of the German Government as to the

proper means and methods used in connection with the program of

extermination. A secret report dated 18 June 1943, addressed to

Defendant Rosenberg, complained that 5,000 Jews killed by the police and

SS might have been used for forced labor and chided them for failing to

bury the bodies of those liquidated. I offer in evidence this file,

Document Number R-135, Exhibit USA-289.

THE PRESIDENT: Is it in these volumes, Major Walsh?

MAJOR WALSH: I think, Sir, that will be found in the assembly of the

document book in our case; that has been placed in front of R-124. I

quote from the letter referred to, addressed to the Reich Minister for

the Occupied Eastern Territories, the first paragraph of the

translation:

“The fact that Jews receive special treatment requires no

further discussion. However, it appears hardly believable that

this was done in the way described in the report of the General

Commissioner of 1 June 1943. What is Katyn against that? Imagine

only that these occurrences might become known to the other side

and be exploited by them! Most likely such propaganda would have

no effect, only because people who hear and read about it simply

would not be ready to believe it.”

The last part of Paragraph 3 on this page reads:

“To lock men, women, and children into barns and to set fire to

them does not appear to be a suitable method for combatting

bands, even if it is desired to exterminate the population. This

method is not worthy of the German cause and hurts our

reputation severely.”

Günther, the prison warden at Minsk, in a letter dated 31 May 1943,

addressed to the General Commissioner for White Ruthenia, subject:

“Action against Jews,” was critical by implication. With the Court’s

permission I would like to read this entire letter, part of Document

R-135, Page 5, subject: “Action Against Jews”:

“On 13 April 1943 the former German dentist Ernst Israel

Tichauer and his wife, Elisa Sara Tichauer, née Rosenthal, were

committed to the court prison by the Security Service . . . .

Since that time all German and Russian Jews who were turned over

to us had their gold bridgework, crowns, and fillings pulled or

broken out. This happens always 1 to 2 hours before the

respective action.

“Since 13 April 1943, 516 German and Russian Jews have been

finished off. On the basis of a definite investigation gold was

taken only in two actions—on 14 April 1943, from 172, and on 27

April 1943, from 164 Jews. About 50 percent of the Jews had gold

teeth, bridgework, or fillings. Hauptscharführer Rübe of the

Security Service was always personally present, and he took the

gold along, too.

“Before 13 April 1943 this was not done. Signed, Günther, Prison

Warden.”

This letter was forwarded to the Defendant Rosenberg as Reich Minister

for the Occupied Eastern Territories on 1 June 1943. I will read the

covering letter, part of Document R-135, Page 4, to the Reich Minister

of the Occupied Eastern Territories, Berlin, through the Reich

Commissioner for the Ostland, Riga; Subject, “Actions against Jews in

the Prison of Minsk”:

“The enclosed official report from the warden of the prison in

Minsk is submitted to the Reich Minister and the Reich

Commissioner for Information.”—Signed—“the General

Commissioner in Minsk.”

THE PRESIDENT: Does “respective action,” as indicated in the letter

dated the 31st of May 1943, mean execution?

MAJOR WALSH: Yes, Sir; we so interpret it. The Court will recall that

the ridding of the Jews via gas vans ties in very closely with the

second letter of the transport of Jews arriving for that purpose.

THE PRESIDENT: Was this document found in Rosenberg’s file?

MAJOR WALSH: I am so informed, Sir. A further complaint is contained in

a secret letter addressed to General of the Infantry Thomas, chief of

the industrial armament department, dated 2 December 1941. It might be

noted with interest that the apprehensive writer of this letter stated

that he did not forward the communication through official channels. I

offer in evidence captured Document 3257-PS; and I quote from the first

paragraph. This is Exhibit USA-290:

“For the personal information of the chief of the industrial

armament department, I am forwarding a total account of the

present situation in the Reichskommissariat Ukraine in which the

difficulties and tensions encountered so far and the problems

which give rise to serious anxiety are stated with unmistakable

clarity.

“Intentionally I have desisted from submitting such a report

through official channels or from making it known to other

departments interested in it because I do not expect any results

that way, but on the contrary am apprehensive that the

difficulties and tensions and also the divergent opinions might

only be increased due to the peculiarity of the situation.”

“Jewish problem”—Paragraph c, Page 1:

“Regulation of the Jewish question in the Ukraine was a

difficult problem because the Jews constituted a large part of

the urban population. We therefore have to deal—just as in the

Government General—with a mass problem of policy concerning the

population. Many cities had a percentage of Jews exceeding 50

percent. Only the rich Jews had fled from the German troops. The

majority of Jews remained under German administration. The

latter found the problem more complicated through the fact that

these Jews represented almost entire trade and even a part of

the manpower in small and medium industries, besides business,

which had in part become superfluous as a direct or indirect

result of the war. The elimination therefore necessarily had

far-reaching economic consequences and even direct consequences

for the armament industry (production for supplying the

troops).”

Paragraph 1 on Page 2:

“The attitude of the Jewish population was anxious—obliging

from the beginning. They tried to avoid everything that might

displease the German administration. That they hated the German

administration and army inwardly goes without saying and cannot

be surprising. However, there is no proof that Jewry as a whole

or even to a greater part was implicated in acts of sabotage

. . . . Surely there were some terrorists or saboteurs among

them, just as among the Ukrainians. But it cannot be said that

the Jews as such represented a danger to the German Armed

Forces. The output produced by Jews who, of course, were

prompted by nothing but the feeling of fear, was satisfactory to

the troops and the German administration.

“The Jewish population remained temporarily unmolested shortly

after the fighting. Only weeks, sometimes months later,

specially detached formations of police executed a planned

shooting of Jews. This action as a rule proceeded from east to

west. It was done entirely in public with the use of the

Ukrainian militia; and unfortunately, in many instances also

with members of the Armed Forces taking part voluntarily. The

way these actions, which included men and old men, women, and

children of all ages, were carried out was horrible. The great

masses executed make this action more gigantic than any similar

measure taken so far in the Soviet Union. So far about 150,000

to 200,000 Jews may have been executed in the part of the

Ukraine belonging to the Reichskommissariat; no consideration

was given to the interests of economy.

“Summarizing, it can be said that the kind of solution of the

Jewish problem applied to the Ukraine, which obviously was based

on the ideological theories as a matter of principle, had the

following results:

“(a) Elimination of a part of partly superfluous eaters in the

cities;

“(b) Elimination of a part of the population which undoubtedly

hated us;

“(c) Elimination of badly needed tradesmen who were in many

instances indispensable even in the interests of the Armed

Forces;

“(d) Consequences as to foreign policy propaganda which are

obvious;

“(e) Bad effects on the troops which in any case get indirect

contact with the execution;

“(f) Brutalizing effect on the formations which carry out the

execution—regular police.”

Lest the Court be persuaded to the belief that these conditions related,

existed only in the East, I invite attention to the official Netherlands

Government report by the Commissioner for Repatriation as indicative of

the treatment of the Jews in the West.

This document is a recital of the German measures taken in the

Netherlands against the Dutch Jews. The decrees, the anti-Semitic

demonstrations, the burning of synagogues, the purging of Jews from the

economic life of their country, the food restrictions against them,

forced labor, concentration camp confinement, deportation, and

death—all follow the same pattern that was effected throughout

Nazi-occupied Europe.

I how refer to Document 1726-PS, Exhibit USA-195, already in evidence.

It is not intended to read this document in evidence, but it is deemed

important to invite the Court’s attention to that portion of the report

relating to the deportation of Dutch Jews shown on Page 5 of the

translation. There the Court will note that full Jews being liable to

deportation number 140,000. The Court will also note that the total

number of deportees was 117,000, representing more than 83 percent of

all the Jews in the Netherlands. Of these 115,000 were deported to

Poland for slave labor, according to the Netherlands report, and after

departure all trace of them was lost. Regardless of victory or defeat to

Germany, the Jew was doomed. It was the expressed intent of the Nazi

State that, whatever the German fate might be, the Jew would not

survive.

I offer in evidence Document L-53, stamped “top secret,” Exhibit

USA-291. This message is from the Commandant of the Sipo and SD for the

Radom District, addressed to SS Hauptsturmführer Thiel on the subject,

“Clearance of Prisons.” I read the body of this message:

“I again stress the fact that the number of inmates of the Sipo

and SD prisons must be kept as low as possible. In the present

situation, particularly, those suspects handed over by the civil

police need only be subjected to a short formal interrogation

provided there are no serious grounds for suspicion. They are

then to be sent by the quickest route to a concentration camp

should no court-martial proceeding be necessary or should there

be no question of discharge. Please keep the number of

discharges very low. Should the situation at the front

necessitate it, early preparations are to be made for the total

clearance of prisons. Should the situation develop suddenly in

such a way that it is impossible to evacuate the prisoners, the

prison inmates are to be eliminated and their bodies disposed of

as far as possible (burning, blowing up the building, _et

cetera_). If necessary, Jews still employed in the armament

industry or on other work are to be dealt with in the same way.

“The liberation of prisoners or Jews by the enemy—be it the WB

or the Red Army—must be avoided under all circumstances, nor

may they fall into their hands alive.”

THE PRESIDENT: What is the WB?

MAJOR WALSH: I have inquired about the WB, Your Honor, from several

sources and have not found an understanding or a statement of it.

Perhaps before the afternoon session I may be able to enlighten the

Court. I have not yet been able to find out.

THE PRESIDENT: Where was the document found?

MAJOR WALSH: It is a captured document, Sir.

THE PRESIDENT: Does it relate to prisoners of war, did you say?

MAJOR WALSH: No, Sir; including therein, of course, prisoners of war as

well as all Jews. The history of the document, Sir, I will try to gather

for the Court’s information.

THE PRESIDENT: Yes. Did you tell us what the Sipo were?

MAJOR WALSH: Yes, Sir; I furnished the Court with that; that is the

Security Police, Sir.

This presentation, if the Court please, would be incomplete without

incorporating herein reference to the concentration camps insofar as

they relate to the hundreds of thousands—millions—of Jews who died by

mass shooting, gas, poison, starvation, and other means. The subject of

concentration camps and all its horrors was shown to this Tribunal not

only in the motion picture film but by the most able presentation of Mr.

Dodd yesterday; and it is not intended, at this time, to refer to the

camps—only insofar as they relate to the part they played in the

annihilation of the Jewish people. For example, in the camp at Auschwitz

during July 1944 Jews were killed at the rate of 12,000 daily. This

information is contained in Document L-161, Exhibit USA-292. The

Document L-161 is an official Polish report on Auschwitz Concentration

Camp. It is dated 31 May 1945. I have taken a short excerpt from this

report on the original marked . . .

THE PRESIDENT: I think you made a mistake, did you not? It is not a

Polish report; it is a British report.

MAJOR WALSH: I understand, Sir, it was compiled originally by the Polish

Government and perhaps distributed from London.

THE PRESIDENT: I see. Very well.

MAJOR WALSH: I quote:

“During July 1944 Hungarian Jews were being liquidated at the

rate of 12,000 daily; and as the crematoria could not deal with

such numbers, many bodies were thrown into large pits and

covered with quicklime.”

I offer in evidence Document 3311-PS, Exhibit USA-293. This is an

official Polish Government Commission report on the investigation of

German crimes in Poland. The document describes the concentration camp

at Treblinka; and from Page 1, Paragraph 3 and 4, I read as follows:

“In March 1942 the Germans began to erect another camp,

Treblinka B, in the neighborhood of Treblinka A, intended to

become a place of torment for Jews.

“The erection of this camp was closely connected with the German

plans aimed at a complete destruction of the Jewish population

in Poland, which necessitated the creation of a machinery by

means of which the Polish Jews could be killed in large numbers.

Late in April 1942 erection was completed of the first chambers

in which these general massacres were to be performed by means

of steam. Somewhat later the erection of the real death

building, which contains 10 death chambers, was finished. It was

opened for wholesale murders early in autumn 1942.”

And on Page 3 of this report, beginning with the second paragraph, the

Polish Commission describes graphically the procedure for the

extermination within the camp:

“The average number of Jews dealt with at the camp in the summer

of 1942 was about two railway transports daily, but there were

days of much higher efficiency. From autumn 1942 this number was

falling.

“After unloading in the siding, all victims were assembled in

one place, where men were separated from women and children. In

the first days of the existence of the camp the victims were

made to believe that after a short stay in the camp, necessary

for bathing and disinfection, they would be sent farther east

for work. Explanations of this sort were given by SS men who

assisted at the unloading of the transports, and further

explanations could be read in notices stuck up on the walls of

the barracks. But later, when more transports had to be dealt

with, the Germans dropped all pretenses and only tried to

accelerate the procedure.

“All victims had to strip off their clothes and shoes, which

were collected afterwards, whereupon all victims, women and

children first, were driven into the death chambers. Those too

slow or too weak to move quickly were driven in by rifle butts,

by whipping and kicking, often by Sauer himself. Many slipped

and fell; the next victims pressed forward and stumbled over

them. Small children were simply thrown inside. After being

filled up to capacity, the chambers were hermetically closed and

steam was let in. In a few minutes all was over. The Jewish

menial workers had to remove the bodies from the platform and to

bury them in mass graves. By and by, as new transports arrived,

the cemetery grew, extending in an easterly direction.

“From reports received it may be assumed that several hundred

thousands of Jews have been exterminated in Treblinka.”

I now offer in evidence the document identified by Number L-22, Exhibit

USA-294. This is an official United States Government report issued by

the Executive Office of the President of the United States, War Refugee

Board, on the German camps at Auschwitz and Birkenau, dated 1944. On

Page 33 of this report is set forth the number of Jews gassed in

Birkenau in the 2-year period between April 1942 and April 1944. I have

been assured that the figure printed in this report is not a

typographical error. The number shown is 1,765,000.

I would now like to turn to the German bookkeeping and statistics for

enlightenment on the extermination of Jews in Poland. Referring again to

the diary of Hans Frank already in evidence, Document 2233-PS, Exhibit

USA-281, I read briefly from the beginning of the fourth paragraph on

Page 1:

“For us the Jews also represent extraordinarily malignant

gluttons.

“We have now approximately 2,500,000 of them in the Government

General . . .”

THE PRESIDENT: Major Walsh, you have read this already yourself.

MAJOR WALSH: Yes, Sir, that is true. I just want to make reference to it

again, Sir, for comparison with other figures.

THE PRESIDENT: Very well.

MAJOR WALSH: “. . . perhaps with the Jewish mixtures, and

everything that goes with it, 3,500,000 Jews.”

Now this figure, if the Court please, was as of 16 December 1941. I now

wish to turn to 25 January 1944, 3 years and 1 month later, and make

reference to another excerpt from Frank’s diary, 2233-PS, loose-leaf

volume Exhibit USA-295. This volume covers the period from 1 January

1944 to 28 February 1944, and Page 5 of the original reads:

“At the present time we still have in the Government General

perhaps 100,000 Jews.”

In this period of 3 years, according to the records of the then Governor

General of Occupied Poland, between 2,400,000 and 3,400,000 Jews had

been eliminated.

The Prosecution could offer this Tribunal a wealth of evidence on the

total number of Jews who died by Nazi hands, but it is believed that

cumulative evidence would not vary the guilt of these defendants.

I do wish, however, to offer one document, a statement, to establish the

deaths of 4 million Jews in camps and deaths of 2 million Jews by the

State Police in the East, making a total of 6 million—Document 2738-PS,

Exhibit USA-296. This is a statement—of Adolf Eichmann, Chief of the

Jewish Section of the Gestapo, and the source of the figures

quoted—made by Dr. Wilhelm Hoettl, Deputy Group Leader of the foreign

section of the Security Service, Amt VI of the RSHA. Dr. Wilhelm Hoettl,

in affidavit form, made the following statement; and I quote from Page

2:

“Approximately 4 million Jews had been killed in the various

concentration camps, while an additional 2 million met death in

other ways, the major part of which were shot by operational

squads of the Security Police during the campaign against

Russia.”

May I, in conclusion, emphasize that the captured documents in evidence

are, almost without exception, from the official sources of the Nazi

Party.

THE PRESIDENT: You only read that one statement, but where does the

person who made the affidavit get his information from?

MAJOR WALSH: I shall be pleased to read that in there, Sir. I made a

statement that Eichmann has been the source of the information given to

Dr. Wilhelm Hoettl, one of his assistants, and on Page 1 it says:

“According to my knowledge Eichmann was at that time a section

leader in the Amt IV (Gestapo) of RSHA; and in addition he had

been ordered by Himmler to get hold of the Jews in all the

European countries and to transport them to Germany. Eichmann

was then very much impressed with the fact that Romania had

withdrawn from the war in those days. Therefore, he had come to

me to get information about the military situation, which I

received daily from the Hungarian . . . Ministry of War and from

the Commander of the Waffen-SS in Hungary. He expressed his

conviction that Germany had lost the war and that he personally

had no further chance. He knew that he would be considered one

of the main war criminals by the United Nations, since he had

millions of Jewish lives on his conscience. I asked him how many

that was, to which he answered that although the number was a

great Reich secret, he would tell me since I, as a historian

too, would be interested and that probably he would not return

anyhow from his command in Romania. He had, shortly before that,

made a report to Himmler, as the latter wanted to know the exact

number of Jews who had been killed.”

It was on that basis of this information, Sir, that I read the following

quotation.

THE PRESIDENT: The Tribunal will adjourn now.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: The motion that was made this morning on behalf of the

Defendant Kaltenbrunner is denied, and the affidavit is admitted and

will not be stricken from the record. But the Tribunal wished me to say

that it is open to the Defendants’ Counsel, in accordance with the

Charter and the Rules, to make a motion, in writing, if they wish to do

so, for the attendance of Pfaffenberger for cross-examination and to

state in that motion the reasons therefor.

DR. KAUFFMANN: May I now bring up a question similar, though in some

respects different, from that of Pfaffenberger? I request that the

evidence of Dr. Hoettl, which was read into the record this morning be

stricken out again for the following two reasons. As far as I know, Dr.

Hoettl is here in Nuremberg . . .

THE PRESIDENT: One minute. Do you understand that the Tribunal has just

denied the motion that you made this morning?

DR. KAUFFMANN: Yes, I understood that perfectly.

THE PRESIDENT: What is your motion now?

DR. KAUFFMANN: I should like to ask that the evidence of Dr. Hoettl be

stricken from the record. My reasons for this request are rather

different from those given this morning in the Pfaffenberger case.

As can be seen from the affidavit, Dr. Hoettl was interrogated on the

26th of November hardly 3 weeks ago. Moreover I gather that Dr. Hoettl

is kept in custody here in Nuremberg. No delay would therefore be

involved if this witness were called to the stand.

This man held a significant position in the SS and for that reason I

have already applied in writing that he be called as a witness. I am

convinced that there is a large amount of important evidence which he

can reveal to the Court. Dr. Hoettl’s deposition is infinitely

important. The death of millions of people is involved here. His

affidavit is based largely on inferences, on hearsay; I believe that the

facts are very different, and I would not like to apply later, after

weeks or months, for the witness to be brought into Court.

MAJOR WALSH: If the Court please, excerpts from the affidavit of Dr.

Wilhelm Hoettl were read into the record this morning for the purpose

. . .

THE PRESIDENT: Wait—what was the number?

MAJOR WALSH: Document 2738-PS.

THE PRESIDENT: Yes, go on.

MAJOR WALSH: Dr. Hoettl’s affidavit 2738 was in part read into the

record this morning for the sole purpose of showing the approximate

number of Jews, according to his estimates, that had met death at the

hands of the German State. No other portion of his testimony was

referred to and the evidence offered was only for the sole purpose of

establishing his estimate of the number. His position in the Party and

in the state, as well as the position of Adolf Eichmann, the source of

his information, was also stated into the record.

I believe that Dr. Hoettl, if he is desired for any other purpose by the

Defense, may be called by the Defense, but the Prosecution had no other

purpose in utilizing his evidence.

THE PRESIDENT: Do you wish to add anything more?

MAJOR WALSH: That is all, Sir.

THE PRESIDENT: The Tribunal makes the same ruling in this case as in the

case of Pfaffenberger, namely, that the affidavit is admitted in

evidence but that it is open to Defendants’ Counsel to make a motion, in

writing, for the attendance of the witness for cross-examination and to

state in that motion the reasons for it.

MAJOR WALSH: During the morning session the Court requested certain

information concerning documents that had been offered and accepted in

evidence. I refer to Document 1061-PS, the report “The Warsaw Ghetto Is

No More.” This report, I am told, was prepared for presentation at a

meeting of the SS Police leaders to be held on 18 May 1943. That is

indicated on Page 45 of the translation before the Court.

This document was captured by the 7th United States Army and delivered

by them to the G-2 of the United States Forces in the European Theater.

In turn they were delivered to Colonel Storey of the United States

prosecutors’ staff, some months ago. The Court also ignored . . .

THE PRESIDENT: Major Walsh, I think the Tribunal also wished to know

whether you could tell us to whom the report had been made?

MAJOR WALSH: The report, Sir, according to the teletypes—the daily

teletypes, Sir—was addressed to the Higher SS and Police Leader East,

SS Obergruppenführer and General of the Police Krüger, or his deputy.

THE PRESIDENT: Thank you.

MAJOR WALSH: The Court further inquired about Document L-53 and I have

obtained some information concerning this document. This document was

captured by T-Force of the Counter Intelligence Corps Detachment Number

220, found among the German records at Weimar, Germany, sometime prior

to 10 May 1945.

The Court further inquired, concerning this document, the meaning of the

letters “WB.” I regret that I have been unable to obtain definite

information as to the meaning of “WB” but it has been suggested to me

that it might mean Westbund or Western Ally because it is used in

connection with the capture—the destruction of all prisoners before

capture by either the WB or the Red Armies, and I presume that it may

mean Westbund.

The slaughter of the Jews in Europe cannot be expressed in figures

alone, for the impact of this slaughter is even more tragic to the

future of the Jewish people and mankind. Ancient Jewish communities with

their own rich spiritual, cultural, and economic life, bound up for

centuries with the life of the nations in which they flourished, have

been completely obliterated. The contribution of the Jewish people to

civilization, the arts, the sciences, industry, and culture, need not, I

am sure, be elaborated upon before this Tribunal. Their destruction,

carried out continuously, deliberately, intentionally, and methodically

by the Nazis, represents a loss to civilization of special qualities and

abilities that cannot possibly be recouped.

I have not attempted to recount the multitudinous and diabolical crimes

committed against the Jewish people by the state which these defendants

ruled, because, with sober regard for contemporary and historical truth,

a detailed description of some of these crimes would transcend the

utmost reaches of the human faculty of expression. The mind already

recoils and shrinks from the acceptance of the incredible facts already

related. Rather, it is my purpose to elucidate the pattern, the

successful and successive stages, the sequence and concurrence of the

crimes committed, the pre-determined means to a pre-ordained end.

Yet, these cold, stark, brutal facts and figures, drawn largely from the

defendants’ own sources and submitted in evidence before this Tribunal,

defy rebuttal.

From conception to execution, from the Party program of 1920 to the

gloating declarations of Himmler and the Defendant Frank in 1943 and

1944, the annihilation of the Jewish people in Europe was man-made—made

by the very men, sitting in the defendants’ box, brought to judgment

before this Tribunal.

Before closing may I acknowledge with appreciation the untiring services

of the group of the staff of the United States’ Prosecution, through

whose painstaking search, analysis, and study, this presentation of

evidence was made possible: Captain Seymour Krieger, Lieutenant Brady

Bryson, Lieutenant Frederick Felton, Sergeant Isaac Stone, and Mr. Hans

Nathan.

COL. STOREY: If the Tribunal please, the next presentation, concerning

Germanization and spoliation in occupied countries, will be presented by

Captain Sam Harris.

CAPTAIN SAMUEL HARRIS (Assistant Trial Counsel for the United States):

May the Tribunal please, documents relating to the Nazi program of

Germanization and spoliation have been assembled in a document book

bearing the letter “U.” These document books are now being distributed

for the use of the members of the Tribunal. I ask Your Honors to note

that the tabs on the side of the document book are numbered 1 to 30. The

index sheet at the front of the book keys these numbers to the EC, PS,

and R numbers of our exhibits.

For Your Honors’ convenience we have also numbered the pages of each

exhibit in pencil at the upper right-hand corner of each exhibit.

The documents which we shall introduce were collected by Lieutenant

Kenyon, who sits at my right, and by Doctors Derenberg and Jacoby.

Without their untiring efforts, this presentation would not have been

possible.

Evidence has already been introduced by Mr. Alderman to prove that the

defendants conspired to wage aggressive war. It has also been proved

that the desire for Lebensraum was one of the chief forces motivating

the conspirators to plan, launch, and wage their wars of aggression. We

propose at this time to present evidence disclosing what the

conspirators intended to do with conquered territories, called by them

Lebensraum, after they had succeeded in overpowering the victims of

their aggressions.

We have broadly divided this subject into two categories: Germanization

and spoliation. When we speak of plans to germanize, we mean plans to

assimilate conquered territories politically, culturally, socially, and

economically into the German Reich. Germanization, we shall demonstrate,

meant the obliteration of the former national character of the conquered

territories and the extermination of all elements which could not be

reconciled with the Nazi ideology. By spoliation, we mean the plunder of

public and private property and, in general, the exploitation of the

people and the natural resources of occupied countries.

We propose, with the permission of Your Honors, to introduce at this

time 30 documents in all. These documents lay bare some of the secret

plans of the conspirators to germanize, to plunder, to despoil, and to

destroy. They do not, of course, tell the whole story of all the

conspirators’ plans in this field. In some instances proof of the plan

is derived from the acts committed by the conspirators. But these few

documents are particularly illuminating with respect to the

conspirators’ plans for Poland, Czechoslovakia, and Russia; and they

indicate the outlines of carefully conceived plans for the rest of

Europe. Others who follow will fill in this outline by showing a series

of outrages committed on so vast a scale that no doubts will exist that

they were committed according to plan.

Poland was, in a sense, the testing ground for the conspirators’

theories upon Lebensraum; and I turn to that country first.

The four western provinces of Poland were purportedly incorporated into

Germany by an order of 8 October 1939. This order, which was signed by

Hitler, Lammers, and Defendants Göring, Frick, and Hess, is set forth in

_Reichsgesetzblatt_, 1939, Part I, Page 2042; and we ask the Tribunal to

take judicial notice thereof. These areas of Poland are frequently

referred to in correspondence among the conspirators as “incorporated

Eastern Territories.” The remainder of Poland, which was seized by the

Nazi invaders, was established as the Government General of Poland by an

order of Hitler dated 12 October 1939. By that same order Defendant Hans

Frank was named Governor General of the newly created Government

General; and Defendant Seyss-Inquart was named Deputy Governor General.

This order is set forth in _Reichsgesetzblatt_, 1939, Part I, Page 2077;

and we ask the Tribunal also to take judicial notice of it.

The plans with respect to Poland were rather complicated; and I believe

that the significance of specific items of proof may be more readily

apparent if, in advance of the introduction of the documents, I am

permitted briefly to indicate the broad pattern of these plans.

We submit that the documents we are about to introduce on Poland show

the following:

First: The conspirators specifically planned to exploit the people and

material resources of the Government General of Poland in order to

strengthen the Nazi war machine, to impoverish the Government General,

and to reduce it to a vassal state. At a later stage plans were

formulated for creating islands of German settlements in the more

fertile regions of the Government General in order to engulf the native

Polish population and accelerate the process of Germanization.

Second: The incorporated area of Poland, which was deemed to be a part

of the German Reich, was to be ruthlessly germanized. To that end, the

conspirators planned:

(a) To permit the retention of the productive facilities in the

incorporated area, all of which, of course, would be dedicated to the

Nazi war machine.

(b) They planned to deport to the Government General many hundreds of

thousands of Jews, members of the Polish intelligentsia, and other

non-compliant elements. We shall show that the Jews who were deported to

the Government General were doomed to speedy annihilation. Moreover,

since the conspirators felt that members of the Polish intelligentsia

could not be germanized and might serve as a center of resistance

against their New Order, they too were to be eliminated.

(c) They planned to deport all able-bodied Polish workers to Germany for

work in the Nazi war machine. This served the twofold purpose of helping

to satisfy the labor requirements of the Nazi war machine and preventing

the propagation of a new generation of Poles. Mr. Dodd has already

produced abundant proof on this topic, and I shall do no more than refer

to it.

(d) They planned to mould all persons in the incorporated area who were

deemed to possess German blood into German subjects who would

religiously adhere to the principles of National Socialism. To that end

the conspirators set up an elaborate racial register. Those who resisted

or refused to co-operate in this program were sent to concentration

camps.

(e) They planned to bring thousands of German subjects into the

incorporated area for purposes of settlement.

(f) And finally, they planned to confiscate the property—particularly

the farms—of the Poles, the Jews, and all dissident elements. The

confiscation of the property of Jews was part of the conspirators’

larger program of extermination of the Jews. Confiscation likewise

served three additional purposes: (1) It provided land for the new

German settlers and enabled the conspirators to reward their adherents;

(2) dispossessed Polish property owners could be shipped to Germany for

work in the production of implements of war; and (3) the separation of

Polish farmers from their wives furthered the plan to prevent the growth

of a new generation of Poles.

We turn now to the specific items of proof.

I first offer in evidence Document Number EC-344 (16), which is Exhibit

Number USA-297. This document is a report of an interview with Defendant

Frank on 3 October 1939 and was found among the files of the OKW, which

were assembled in bulk at the Fechenheim document center. This

particular document was included in a large report prepared in the OKW

by one Captain Varain at the direction of General Thomas, then chief of

the military economic staff of the OKW. I quote from the first 19 lines

of Page 3 of the English text. The German text appears on Page 29, lines

25-36, and Page 30, lines 1-6. The report states, and I quote:

“In the first interview which the chief of the Central Division

and the liaison officer between the Armament Department Upper

East and the Chief Administrative Officer (subsequently Governor

General) had with Reich Minister Frank on 3 October 1939 in

Posen, Frank explained the instruction which had been entrusted

to him by the Führer and the economic political directives

according to which he intended to administer Poland. According

to these directives, Poland could be administered only by

utilizing the country by means of ruthless exploitation; removal

of all supplies—raw materials, machines, factory installations,

_et cetera_—which are important for the German war economy;

availability of all workers for work within Germany; reduction

of the entire Polish economy to the absolute minimum necessary

for the bare existence of the population; closing of all

institutions, especially technical schools and colleges in order

to prevent the growth of a new Polish intelligentsia.

Poland”—Defendant Frank stated—and this is an exact

quotation—“Poland shall be treated as a colony; the Poles shall

be the slaves of the Greater German World Empire.”

I should like also to quote from the last six lines of the English text

of this Exhibit. In the German text it is lines 18 to 23 of Page 30.

Defendant Frank further stated, and I quote:

“By destroying Polish industry its subsequent reconstruction

after the war would become more difficult, if not impossible, so

that Poland would be reduced to its proper position as an

agrarian country which would have to depend upon Germany for

importation of industrial products.”

As further proof of the defendant’s plan to plunder and despoil the

Government General of Poland, I next offer in evidence Document Number

EC-410, which is Exhibit Number USA-298. In addition to the proof of the

defendant’s plans to plunder and despoil the Government General, this

document demonstrates the difference in treatment which the conspirators

planned for the incorporated area of Poland and the Government General.

It is a copy of a directive issued and signed by Defendant Göring on 19

October 1939 and was likewise found among the captured OKW files. I

quote from lines 1 to 19 on Page 1 of the English text. In the German

text it is all of Page 1 and the first line of Page 2. Defendant

Göring’s directive states, and I quote:

“In the meeting of October 13th I have given detailed

instructions for the economical administration of the occupied

territories. I will repeat them here in short:

“1. The task for the economic treatment of the various

administrative regions is different, depending on whether a

country which will be incorporated politically into the German

Reich is involved or whether we deal with the Government

General, which in all probability, will not be made a part of

Germany,

“In the first-mentioned territories the reconstruction and

expansion of the economy, the safeguarding of all their

production facilities and supplies must be aimed at, as well as

a complete incorporation into the Greater German economic system

at the earliest possible time. On the other hand, there must be

removed from the territories of the Government General all raw

materials, scrap materials, machines, _et cetera_ which are of

use for the German war economy. Enterprises which are not

absolutely necessary for the meager maintenance of the naked

existence of the population must be transferred to Germany,

unless such transfer would require an unreasonably long period

of time and would make it more practical to exploit those

enterprises by giving them German orders to be executed at their

present location.”

Once the Government General had been stripped of its industrial

potential, the defendants planned to leave the country desolate. Not

even the war damage was to be repaired. This is the clear import of the

documents previously introduced and is likewise made clear by Document

Number EC-411, which is Exhibit Number USA-299. I offer this document in

evidence. This document is a copy of an order dated 20 November 1939, by

Defendant Hess, in his capacity as Deputy Führer. This document was also

found in the captured OKW files. I quote the English and German texts in

their entirety. Defendant Hess stated, and I quote:

“I hear from Party members who came from the Government General

that various agencies, as for instance, the Military Economic

Staff, the Reich Ministry for Labor, _et cetera_, intend to

reconstruct certain industrial enterprises in Warsaw. However,

in accordance with a decision by Minister Dr. Frank approved by

the Führer, Warsaw shall not be rebuilt nor is it the intention

of the Führer to rebuild or reconstruct any industry in the

Government General.”

Turning from the defendants’ program of economic spoliation in the

Government General to their program of deportation and resettlement, I

next offer in evidence Document Number 661-PS, which is Exhibit Number

USA-300. This is a secret report, prepared by the Academy of German Law

in January 1940, upon plans for the mass migration of Poles and Jews

from incorporated areas of Poland to the Government General and for the

forcible deportation of able-bodied Poles to Germany. This document was

obtained from the ministerial collecting center at Kassel, Germany. The

date does not appear in the English translation, but it is clearly set

forth on the cover page of the original document as January 1940. Before

quoting from this document, I ask first that the Tribunal take judicial

notice of the decree of 11 July 1934, embodied in the

_Reichsgesetzblatt_, Part I, Page 605, 11 July 1934, which provided that

the Academy of German Law would be a public corporation of the Reich

under the supervision of the Reich Ministers of Justice and the

Interior, and that its task would be:

“To promote the reconstruction of German legal life and to

realize, in constant close collaboration with the competent

legislative organizations, the National Socialist program in the

entire sphere of the law.”

Second, before quoting from the afore-mentioned report of the Academy of

German Law, I should like to offer in evidence Document Number 2749-PS,

which is Exhibit Number USA-301. This is the title page of the

publication of the Academy of German Law for 1940. It is offered for the

purpose of showing that defendant Frank was the President of the Academy

of German Law during the period that the above-mentioned secret report

of the Academy was made. The document specifically states, and I quote:

“Reich Minister Dr. Hans Frank, President of the Academy for

German Law, 7th year 1940.”

Now, if I may ask Your Honors to turn to Document Number 661-PS, I

should first like to quote Page 1, lines 6 to 24, of the English text.

In the German text these extracts appear at Page 6, lines 6 to 10; and

line 22, Page 6, to line 4, Page 7. I quote:

“In the carrying out of costly and long-term measures for the

increase of agricultural production, the Government General can,

at the most, absorb 1 to 1.5 million resettlers, as it is

already over-populated in many cases. . . . By further

absorption of 1.6 million resettlers the 1925 Reich census

figure of 133 inhabitants per square kilometer would be reached,

which practically, because of already existing rural

over-population and lack of industry, would result in a double

over-pressure.

“This figure of 1.6 million will barely suffice for deportations

from the Reich:

“The Jews from the liberated East (over 600,000); groups of the

remaining Jews, preferably the younger age groups from Germany

proper, Austria, Sudetengau and the Protectorate (altogether

over 1 million).”

Continuing the quotation, the report goes on with respect to transfers

from the Reich, and I continue to quote:

“The Polish intelligentsia, who have been branded as

politicians, and potential political leaders; the leading

economic personalities, comprising owners of large estates,

industrialists and businessmen, _et cetera_; the peasant

population, so far as it has to be removed in order to carry

out, by strips of German settlements, the encirclement of Polish

territories in the East.”

Next I quote the last paragraph on Page 1 of the English text. The

German text is at Page 8, lines 3-10:

“In order to relieve the living space of the Poles in the

Government General as well as in the liberated East, one should

temporarily remove cheap labor by the hundreds of thousands,

employ them for a few years in the Old Reich, and thereby hamper

their native biological propagation. (Their assimilation into

the Old Reich must be prevented.)”

Finally, I quote from the last paragraph of Page 2 of the English text.

In the German text it is the last 5 lines on Page 40:

“Strictest care is to be taken that secret documents, memoranda,

and official correspondence which contain instructions

detrimental to the Poles are kept steadily under lock and key,

so that they will not some day fill the White Books printed in

Paris or the U.S.A.”

Your Honors will recall, from your own experiences, the vicious

propaganda campaigns conducted by Nazi Germany to discredit the Polish

books when they made their appearance in countries friendly to Poland.

The last paragraph of this document which I have just read gives the lie

to that whole Nazi propaganda campaign.

The plans for the deportation of thousands of innocent people, which are

set forth in the document from which I have just quoted, were not mere

theories spun by lawyers. They represented, as the next three documents

to be offered in evidence will show, a program which was, in fact,

ruthlessly executed.

I next offer in evidence Document Number 2233(g)-PS, the Frank diaries,

1939, from 25 October to 15 December, which is Exhibit Number USA-302.

This document was obtained from the 7th Army document center at

Heidelberg. I quote from the last paragraph of Page 1, carrying over to

the first two lines of Page 2 of the English text. In the German text

the statements appear at Page 19, lines 19 to 28. Defendant Frank

stated, and I quote:

“The Reichsführer SS”—meaning Himmler—“wishes that all Jews be

evacuated from the newly gained Reich territories. Up to

February approximately 1 million people are to be brought in

this way into the Government General. The families of good

racial extraction present in the occupied Polish territory

(approximately 4 million people) should be transferred into the

Reich and individually housed, thereby being uprooted as a

people.”

I next offer in evidence Document Number EC-305, which is Exhibit Number

USA-303. This exhibit is the top-secret minutes of a meeting held on 12

February 1940, under the chairmanship of Defendant Göring, on “Questions

Concerning the East.” The document was found in the captured OKW files.

Himmler and Defendant Frank likewise were present at this meeting.

I initially quote from Page 1, lines 15 to 17, of the English text.

These extracts are found in the front page, lines 1 to 8, of the German

text. The minutes state, and I quote:

“By way of introduction the General Field Marshal”—meaning

Defendant Göring—“explained that the strengthening of the war

potential of the Reich must be the chief aim of all measures to

be taken in the East.”

I next quote the first two lines of the last paragraph on Page 1 of the

English text. The German text appears at Page 2, lines 2 to 4.

“Agriculture: The task consists of obtaining the greatest

possible agricultural production from the new eastern Gaue,

disregarding questions of ownership.”

I next quote from the second paragraph of Page 2 of the English text.

This is at Page 3, lines 22-24, of the German text:

“Special questions concerning the Government General. . . . The

Government General will have to receive the Jews who are ordered

to emigrate from Germany and the new eastern Gaue.”

Finally, I quote the paragraph numbered 2 under Roman numeral II of Page

2 of the English text. These statements appear in the German text at

Page 4, lines 3-19:

“The following reported on the situation in the Eastern

territories. . . .

“2. Reichsstatthalter Gauleiter Forster”—who said—“‘The

population of the Danzig-West Prussia Gau (newly acquired

territories) is 1.5 million, of whom 240,000 are Germans,

850,000 well-established Poles, and 300,000 immigrant Poles,

Jews, and asocials (1,800 Jews). There have been evacuated

87,000 persons, 40,000 of these from Gdynia. From there also the

numerous shirkers, who are now looked after by welfare, will

have to be deported to the Government General. Therefore an

evacuation of 20,000 additional persons can be counted on for

the current year.’”

Comparable reports were made by other Gauleiter at the meeting. The

figures that were quoted, it may be noted, were only as of February

1940. The forcible deportations, which are reported in the exhibits from

which I have just read, did not involve merely ordering the unfortunate

victims to leave their homes and to take up new residences elsewhere.

These deportations were accomplished according to plan in an utterly

brutal and inhuman manner. Document Number 1918-PS, which is Exhibit

Number USA-304, affords striking proof of this fact; and I offer it in

evidence. This is a speech delivered by Himmler to officers of the SS on

a day commemorating the presentation of the Nazi flag. It is contained

in a compilation of speeches delivered by Himmler, and was captured by

the Counter-Intelligence branch of the United States Army. The exact

date of the speech does not appear in the exhibit, but its contents

plainly show that it was delivered sometime after Poland had been

overrun. I quote from the second to the eighth lines of Page 1 of the

English text. In the German text this quotation appears on Page 52,

lines 2 to 10. In this speech Himmler said, and I quote:

“Very frequently the member of the Waffen-SS thinks about the

deportation of these people here. These thoughts came to me

today when watching the very difficult work out there performed

by the Security Police, supported by your men, who help them a

great deal. Exactly the same thing happened in Poland in weather

40 degrees below zero, where we had to haul away thousands, ten

thousands, a hundred thousand; where we had to have the

toughness—you should hear this but also forget it again—to

shoot thousands of leading Poles.”

I repeat the latter statement:

“Where we had to have the toughness . . . to shoot thousands of

leading Poles.”

Such Poles from the incorporated area as managed to survive the journey

to the Government General could look forward, at best, to extreme

hardship and exposure to every form of degradation and brutality. Your

Honors will recall Defendant Frank’s statement contained in Document

Number EC-344(16), now Exhibit Number USA-297, which was introduced a

short while ago, that the Polish economy would be reduced to the

absolute minimum necessary for the bare existence of the population.

Your Honors Will also recall Defendant Göring’s directive in Document

Number EC-410, now Exhibit Number USA-298, also introduced a few moments

ago, that all industrial enterprises in the Government General not

absolutely necessary for the maintenance of the naked existence of the

Polish population must be removed to Germany. A bare and naked

existence, by the precepts of the conspirators, meant virtual

starvation.

For the Jews who were forcibly deported to the Government General there

was, of course, absolutely no hope. They were, in effect, deported to

their graves. The Defendant Frank, by his own admissions, had dedicated

himself to their complete annihilation. I refer Your Honors to the Frank

diaries, conference volume, 1941, October to December, which is Document

Number 2233(d)-PS, which was introduced by Major Walsh earlier as

Exhibit Number USA-281. The particular statement that I want to quote

appears on Page 4, Your Honor, of Document Number 2233-PS. I believe it

appears at Page 77, lines 9 and 10 of the German text. I quote—this is

what Defendant Frank stated, “We must annihilate the Jews, wherever we

find them, and wherever it is possible. . . .”

I turn next to that aspect of the conspirators’ program which involved

the forcible Germanization of persons in the incorporated area who were

deemed to possess German blood. I refer you now, Your Honors, to the

incorporated area, to persons who were deemed to possess German blood.

Such persons, the evidence will show, were given the choice of the

concentration camp or submission to Germanization. Himmler was the chief

executioner of this program; and initially I should like to introduce a

few documents which disclose the powers bestowed upon him and his

conception of his task.

First, I offer in evidence Document Number 686-PS. This is Exhibit

Number USA-305. This is a copy of a secret decree signed by Hitler and

Defendants Göring and Keitel, dated 7 October 1939, entrusting Himmler

with the task of executing the conspirators’ Germanization program. This

particular document came from the ministerial collection center at

Kassel, Germany. I quote from Page 1, lines 9 to 21 of the English text.

In the German text these extracts appear at Page 1, lines 13 to 25:

“The Reichsführer SS”—that was Himmler—“has the obligation in

accordance, with my directives:

“1. To bring back for final return into the Reich all German

nationals and racial Germans in the foreign countries.

“2. To eliminate the harmful influence of such alien parts of

the population which represent a danger to the Reich and the

German folk community.

“3. The forming of new German settlements by resettling and, in

particular, by settling the returning German citizens and racial

Germans from abroad.

“The Reichsführer SS is authorized to take all necessary general

and administrative measures for the execution of his

obligation.”

Himmler’s conception of his task under this decree is plainly stated in

the foreword which he wrote for the _Deutsche Arbeit_ issue of June-July

1942. The foreword is contained in Document Number 2915-PS, now Exhibit

Number USA-306. I quote from the first four lines of the English text.

The German text appears at Page 157:

“It is our task”—Himmler wrote—“to germanize the East, not in

the old sense—that is, to teach the people there the German

language and German law—but to see to it that only people of

purely German, Germanic blood live in the East. Signed,

Himmler.”

I next offer in evidence Document Number 2916-PS, which is Exhibit

Number USA-307. This document contains various materials taken out of

_Der Menscheneinsatz_ of 1940, a confidential publication issued by

Himmler’s office for the consolidation of German nationhood. I quote

initially from Page 1, lines 7 to 11. In the German text these extracts

appear at Page 51, first four lines under the letter “D.” I quote:

“The removal of foreign races from the incorporated Eastern

Territories is one of the most essential goals to be

accomplished in the German East. This is the chief national

political task, which has to be executed in the incorporated

Eastern Territories by the Reichsführer SS, Reich Commissioner

for the Preservation of German Nationality.”

I next quote from lines 33 to 39 of Page 1 of the English text. In the

German text these extracts appear on Page 52, lines 14 to 20. I quote:

“There are the following two primary reasons which make the

regaining of this lost German blood an urgent necessity:

“1. Prevention of a further increase of the Polish

intelligentsia through families of German descent, even if they

are Polonized.

“2. Increase of the population by racial elements desirable for

the German nation and the acquisition of ethno-biologically

unobjectionable forces for the German reconstruction of

agriculture and industry.”

Further light is thrown upon the goals which the conspirators had set

for their Germanization program in conquered Eastern areas by a speech

delivered by Himmler on 14 October 1943. This speech was published by

the National Socialist leadership staff of the OKW. The document came to

us through the Document Section, 3rd U.S. Infantry Division. Excerpts

from this speech are set forth in L-70, which is Exhibit Number USA-308.

I quote all of the English text; and in the German text these excerpts

appear at Page 23, lines 6 to 11, 12 to 15, 20 to 23, and Page 30, lines

7 to 16. Himmler said, and I quote:

“Therefore, I consider that in dealing with members of a foreign

country, especially some Slav nationality, we must not start

from German points of view, we must not endow these people with

decent German thoughts and logical conclusions of which they are

not capable, but we must take them as they really are.

“Obviously in such a mixture of peoples there will always be

some racially good types. Therefore I think that it is our duty

to take their children with us, to remove them from their

environment, if necessary, by robbing or stealing them. Either

we win over the good blood that we can use for ourselves and

give it a place in our people or . . . we destroy that blood.”

Continuing the German text on Page 30, lines 7 to 16, which is a

continuation of the English text, I believe, Your Honor—Himmler stated

and I quote:

“For us the end of this war will mean an open road to the East,

the creation of the Germanic Reich in this way or that . . . the

fetching home of 30 million human beings of our blood, so that

still during our lifetime we shall be a people of 120 million

Germanic souls. That means that we shall be the sole and

decisive power in Europe. That means that we shall then be able

to tackle the peace, during which we shall be willing for the

first 20 years to rebuild and spread out our villages and towns,

and that we shall push the borders of our German race 500

kilometers farther to the East.”

In furtherance of the unlawful plans disclosed by the last four

exhibits, which have been offered in evidence, the conspirators

contrived a racial register in the incorporated area of Poland. The

racial register was, in effect, an elaborate classification of persons

deemed to be of German blood, and contained provisions setting forth

some of the rights, privileges, and duties of the persons in each

classification. Persons were classified into four groups:

(1) Germans who had actively promoted the Nazi cause;

(2) Germans who had been more or less passive in the Nazi struggle, but

had retained their German nationality;

(3) Persons of German extraction who, although previously connected with

the Polish nation, were willing to submit to Germanization;

(4) Persons of German descent, who had been “politically absorbed by the

Polish nation,” and who would be resistant to Germanization.

The racial register was inaugurated under a decree of 12 September 1940

issued by Himmler as Reich Commissioner for the consolidation of German

nationhood, and this is contained in Document Number 2916-PS, previously

introduced in evidence. That is Exhibit Number USA-307. I quote from

Page 4 of the English text, lines 14 to 46. In the German text these

extracts appear at Page 92, lines 29 to the end of the page, and lines 1

to 9 of Page 93. I quote:

“For inter-office use the list of racial Germans will be divided

into four groups:

“1. Racial Germans who fought actively in the ethnic struggle.

Besides the membership of a German organization, every other

deliberated activity in favor of the Germans against a foreign

nationality will be considered an active manifestation.

“2. Racial Germans who did not actively intervene in favor of

the German nationality but had preserved their traceable German

nationality.

“3. Persons of German descent who became connected with the

Polish nation in the course of the years but have, on account of

their attitude, the pre-requisites to become full-fledged

members of the German national community. To this group belong

also persons of non-German descent who live in a people’s mixed

marriage with an ethnic German in which the German spouse has

prevailed. Persons of Masurian, Kushubian, Slonzak, or Upper

Silesian descent, who are to be recognized as racial Germans

usually belong to this group 3.

“4. Persons of German descent politically absorbed by the Polish

nation (renegades). Persons not included on the list of radial

Germans are Poles or other foreign nationals. Their treatment is

regulated by B II. . . .

“Members of groups 3 and 4 have to be educated as full Germans,

that is, they have to be re-germanized in the course of time

through an intensive educational training in Old Germany.

“The establishment of members of group 4 has to be based on the

doctrine that German blood must not be utilized in the interest

of a foreign nation. Against those who refuse re-Germanization,

Security Police measures are to be taken. . . .”

The basic idea of creating a racial register for persons of German

extraction was later incorporated in a decree of 4 March 1941 signed by

Himmler and the Defendants Frick and Hess. This decree is dated 4 March

1941; and is set forth in the _Reichsgesetzblatt_, 1941, Part 1, Page

118. We ask the Tribunal to take judicial notice thereof.

The entire apparatus of the SS was thrown behind the vigorous execution

of these decrees. Proof of this fact is contained in Document Number

R-112, which is Exhibit Number USA-309, and I now offer it in evidence.

This exhibit contains directives issued by Himmler as the Reich

Commissioner for the consolidation of German nationhood. I quote first

from the last two paragraphs of the English text of the directives, 16

February 1942, which is on Page 3 of this exhibit. In the German text

this provision appears on Page 1 of the first decree, dated 16 February

1942, Paragraph 1 and 2. The directive provided, and I now quote:

“I. Where racial Germans have not applied for entry in the

German ethnical list you will instruct the subordinate agencies

to turn over their names to the local State Police (superior)

Office. Subsequently, you will report to me.

“II. The local State Police (superior) Office will charge the

persons whose names are turned over to it to prove within 8 days

that they have applied for entry in the German ethnical list.

“If such proof is not submitted, the person in question is to be

taken into protective custody for transfer to a concentration

camp.”

The measures taken against persons in the fourth category—“Polonized

Germans” as the conspirators called them—were particularly harsh. These

persons were resistant to Germanization, and ruthless measures

calculated to break their resistance were prescribed. Where the

individual’s past history indicated that he could not be effectively

germanized, he was thrown into a concentration camp.

Some of these measures are set forth in Subparagraph A of Paragraph II

on Page 5 of Document R-112, and I quote in full from the English text

of that particular paragraph. This passage is set forth in the German

text at Pages 2 and 3 of the second decree dated 16 February 1942 under

II. This is what the directive provides:

“II. The re-Germanization of the Polonized Germans presupposes

their complete separation from Polish surroundings. For that

reason the persons entered in Division 4 of the German ethnical

list are to be dealt with in the following manner:

“A. They are to be resettled in Old Reich territory.

“1. The Higher SS and Police Leaders are charged with evacuating

and resettling them in Old Reich territory according to

instructions which will follow later.

“2. Asocial persons and others who are of inferior hereditary

quality will not be included in the resettlement. Their names

will be turned over at once by the Higher SS and Police Leaders

(Inspectors of Security Police and Security Service) to the

competent State Police (superior) Office. The latter will

arrange for their transfer to a concentration camp.

“3. Persons with a particularly bad political record will not be

included in the resettlement action. Their names will also be

given by the Higher SS and Police Leaders (Inspectors of

Security Police and Security Service) to the competent State

Police (superior) Office for transfer to a concentration camp.

“The wives and children of such persons are to be resettled in

Old Reich territory and to be included in the Germanization

measures. Where the wife also has a particularly bad political

record and cannot be included in the resettlement action, her

name, too, is to be turned over to the competent State Police

(superior) Office with a view to transferring her to a

concentration camp. In such cases the children are to be

separated from their parents and dealt with according to III,

Paragraph 2 of this decree.

“Persons are to be considered as having a particularly bad

political record who have offended the German nation to a very

great degree (for example, those who participated in

persecutions of Germans, or boycotts of Germans, _et cetera_.)”

Coincident with the program of germanizing persons of German extraction

in the incorporated areas, the conspirators, as previously indicated,

undertook to settle large numbers of Germans of proven Nazi convictions

in that area. This aspect of their program is clearly shown by an

article by SS Obergruppenführer and General of the Police Wilhelm Koppe,

who was one of Himmler’s trusted agents.

Excerpts from this article are contained in Document Number 2915-PS,

which was earlier introduced as Exhibit Number USA-306. I quote from the

second paragraph of the English text of this exhibit. The German text

appears at the third line from the bottom of Page 170 and continues to

the first full paragraph of Page 171. I now quote Koppe’s statement:

“The victory of German weapons in the East must, therefore, be

followed by the victory of the German race over the Polish race,

if the regained Eastern sphere—according to the Führer’s

will—shall henceforth remain for all time an essential

constituent part of the Greater German Reich. It is therefore of

decisive importance to infiltrate German farmers, laborers,

civil servants, merchants, and artisans into the regained German

region so that a living and deep-rooted bastion of German people

can be formed as a protective wall against foreign penetration

and possibly as a starting point for the racial infusion of the

territories farther east.”

THE PRESIDENT: We will adjourn now for 10 minutes.

[_A recess was taken._]

CAPT. HARRIS: Up to this point we have been speaking of the

Germanization measures in the incorporated areas. I should like now

briefly to turn to the Germanization program in the Government General.

In the Government General there were relatively few persons, at the

outset, who qualified as Germans according to the conspirators’

standards. Hence little would be served by the introduction of a racial

register categorizing persons of German extraction on the model of the

one instituted in the incorporated area; and to our knowledge, no such

racial register was prescribed in the Government General. Rather, the

plan seems to have been (a) to make the Government General a colony of

Germany, which—as Your Honors will recall from Document EC-344(16),

which has been introduced as Exhibit Number USA-297—was the objective

expressed by the Defendant Frank; and (b) to create so-called “German

island settlements” in the productive farming areas. These island

settlements were to be created by an influx of German persons who

faithfully adhered to the principles of National Socialism.

In this connection I offer in evidence Document Number 910-PS. This is

Exhibit Number USA-310. These are secret notes bearing the date line,

“Department of the Interior, Kraków, 30 March 1942,” and they concerned

Himmler’s statements upon the planned Germanization of the Government

General. This document was obtained from the 3rd Army intelligence

center at Freising, Germany; and I now quote from Page 2 of the English

text, from line 3 to the end of the report. This appears in the German

text at Page 2, line 21, continuing to the end of the report. The

document states, and I quote:

“The Reichsführer SS”—Himmler—“developed additional trains of

ideas to the effect that, in the first 5-year plan for

resettlement after the war, the new German Eastern territories

should first be filled; it is intended afterwards to provide the

Crimea and the Baltic countries with a German upper class at

least. Into the Government General, perhaps, further German

island settlements should be newly transplanted from European

nations. An exact decision in this respect, however, has not

been issued. In any case, it is wished that at first a heavy

colonization along the San and the Bug be achieved so that the

parts of Poland with alien populations are encircled. Hitherto,

it has been always proved that this kind of encircling leads

most quickly to the desired nationalization.”

In this same connection, I offer in evidence Document Number 2233(h)-PS.

This is Defendant Frank’s diary, 1941, Volume II, Page 317. This is

Exhibit Number USA-311. I quote from the last sentence at the bottom of

our Page 3 of the English text of this exhibit. In the German text this

passage appears on Page 317, lines 25 to 28. Defendant Frank stated in

this diary, and I quote:

“Thanks to the heroic courage of our soldiers this territory has

become German; and the time will come when the valley of the

Vistula, from its source to its mouth at the sea, will be as

German as the valley of the Rhine.”

I now turn to another phase of the program that I mentioned earlier,

that is the conspirators’ plan to confiscate the property of Poles,

Jews, and dissident elements. As I previously mentioned, the evidence

will show that these plans were designed to accomplish a number of

objectives. Insofar as the Jews were concerned, they were part and

parcel of the conspirators’ overall program of extermination.

Confiscation was also a means of providing property for German settlers

and of rewarding those who had rendered faithful service to the Nazi

State. This phase of their program likewise made available dispossessed

Polish farmers for slave labor in Germany and operated to further the

conspirators’ objective of preventing the growth of another generation

of Poles.

Proof of the fact that the conspirators confiscated the property of

Poles in furtherance of their Germanization and slave labor program is

contained in Document Number 1352-PS, previously introduced by Mr. Dodd

as Exhibit Number USA-176. This exhibit contains a number of reports by

one Kusche, who appears to have been one of Himmler’s chief deputies in

Poland. Mr. Dodd quoted from one of Kusche’s confidential reports, dated

22 May 1940, at our Page 4, Paragraph 5 of the English text. In the

German text it is at Page 9, lines 16 to 18. In this statement Kusche

pointed out that it was possible, without difficulty, to confiscate

small farms and that—and I now quote:

“The former owners of Polish farms together with their families

will be transferred to the Old Reich by the labor offices for

employment as farm workers.”

I now desire to quote from another report by Kusche contained in the

same exhibit and bearing the same date, 22 May 1940. I think the upper

right-hand corner numbers might simplify it. The report from which I now

quote is marked “secret” and is entitled, “. . . Details of the

Confiscation in the Bielsko Region.” Initially, I should like to quote

from the last paragraph at the bottom of Page 1 of this exhibit. This

exhibit, you will recall, is 1352-PS, last paragraph at the bottom of

Page 1. The German text is at Page 11, Paragraphs 1 and 2. Kusche

stated, and I quote:

“Some days ago the commandant of the concentration camp being

built at Auschwitz called on Staff Leader Müller and requested

support for the carrying out of his assignments. He said that it

was absolutely necessary to confiscate the agricultural

enterprises within a certain area around the concentration camp,

since not only the fields but also in some cases the farm houses

of these border directly on the concentration camp. A local

inspection held on the 21st of this month revealed the

following:

“There is no room for doubt that agricultural enterprises

bordering on the concentration camp must be confiscated at once.

In addition, the camp commandant requests that further plots of

farm land be placed at his disposal, so that he can keep the

prisoners busy. This, too, can be done without difficulty since

enough land can be made available for the purpose. The owners of

the plots are all Poles.”

I next quote from Page 2, lines 22 to 31, of the English text of this

same exhibit. The German text is at Page 12, Paragraph 2, continuing

through to line 22 from the top of the page. I quote:

“I had the following discussion with the chief of the labor

office in Bielsko:

“The lack of agricultural laborers still exists in the Old

Reich. The transfer of the previous owners of the confiscated

agricultural enterprises to the Reich as farm workers, together

with their entire families, is possible without any difficulty.

It is only necessary for the labor office to receive the lists

of the persons in time, in order to enable it to take the

necessary steps (collection of transportation; distribution over

the various regions in need of such labor).”

Finally, I quote from Page 3 of this same exhibit, lines 6 to 13 of the

English text. The German text appears at Page 13, the last three lines,

continuing through to Page 14, line 9:

“The confiscation of these Polish enterprises in Alzen will also

be carried out within the next few days. The commandant of the

concentration camp will furnish SS men and a truck for the

execution of the action. Should it not yet be possible to take

the Poles from Alzen to Auschwitz”—and Auschwitz, Your Honors

will recall, is where the concentration camp was—“they should

be transferred to the empty castle at Zator. The liberated

Polish property is to be given to the needy racial German

farmers for their use.”

In order to regularize the program of confiscation, Defendant Göring

issued a decree on September 17, 1940. This decree appears in the

_Reichsgesetzblatt_, 1940, Part I, Page 1270; and I ask the Tribunal to

take judicial notice of it. Under Section 2 of this decree sequestration

of movable and immovable property, stores, and other intangible

property, interests of Jews and “persons who have fled or are not merely

temporarily absent”, was made mandatory. In addition, sequestration was

authorized under Section 2, Subsection 2, if the property was required

“for the public welfare, particularly in the interests of Reich defense

or the strengthening of German folkdom.” By Section 9 of this decree,

issued by Defendant Göring, confiscation of sequestrated property was

authorized “if the public welfare, particularly the defense of the

Reich, or the strengthening of German folkdom, so requires.” However,

Section 1, Subsection 2, of the decree provided that property of German

nationals was not subject to sequestration and confiscation; and Section

13 provided that sequestration would be suspended if the owner of the

property asserted that he was a German. The decree, on its face,

indicates very clearly a purpose to strip Poles, Jews, and dissident

elements of their property. It was, moreover, avowedly designed to

promote Germanism.

We ask the Court to take judicial notice of it. It is in the

_Reichsgesetzblatt_.

Apparently some question arose at one point as to whether the decree

required that a determination be made in each case, involving the

property of a Pole, that the property was required “for the public

welfare, particularly in the interests of Reich defense or the

strengthening of German folkdom.” The answer supplied by the

conspirators was firm and clear. In any case in which the property of a

Pole is involved, the “strengthening of German folkdom” required its

seizure. In this connection I offer in evidence document Number R-92,

which is Exhibit Number USA-312. This document, which is dated 15 April

1941, bears the letterhead of the Reich Leader SS, commissioner for the

consolidation of German nationhood, and is entitled, “Instruction for

Internal Use on the Application of the Law Concerning Property of the

Poles, of 17 September 1940.” This document was captured by the U.S.

Counter-Intelligence Corps. I quote from Page 2, lines 11 to 14 of the

English text. In the German text this statement appears at Page 3,

Paragraph 2, Subparagraph 2. I quote:

“The objective conditions permitting seizure according to

Section II, Subsection 2(a), are to be assumed whenever, for

example, the property belongs to a Pole, for the Polish real

estate will be needed without exception for the preservation of

the German folkdom.”

In the Government General Defendant Frank promulgated a decree on 24

January 1940 authorizing sequestration for the “performance of tasks

serving the public interest” and liquidation of “anti-social or

financially unremunerative concerns.” The decree is embodied in the

_Verordnungsblatt_ of the Government General, Number 6, 27 January 1940,

Page 23; and we ask the Tribunal to take judicial notice of it. The

undefined criteria in this decree obviously empowered Nazi officials in

the Government General to engage in wholesale seizure of property.

The magnitude of the conspirators’ confiscation program in Poland was

staggering. I ask Your Honors to turn to the chart on the sixth page of

Document Number R-92, which was introduced into evidence a moment ago as

Exhibit Number USA-312.

This chart shows that as of 31 May 1943 the staggering total of 693,252

estates, comprising 6,097,525 hectares, had been seized and 9,508

estates, comprising 270,446 hectares, had been confiscated by the Estate

Offices Danzig-West Prussia, Posen, Ciechanów, and Silesia. This, it

will be noted, represented the seizure and confiscation of only four

offices.

That, Your Honors, concludes our discussion on Poland; and I now turn to

Czechoslovakia. At this point of the proceedings we shall introduce only

one document upon Czechoslovakia. This one document, however, contains a

startling revelation of the conspirators’ plans to germanize Bohemia and

Moravia. It relates how three plans, each characterized by its severity,

were discussed; and finally how the Führer decided on plan (c), which

involved the assimilation of about one-half of the Czech population by

the Germans and the extermination of the other half. Moreover, the plan

envisaged a large influx into Czechoslovakia of Germans whose loyalty to

the Führer was unquestioned. I offer this document in evidence. It is

Document Number 862-PS, and it is Exhibit Number USA-313. This is a

top-secret report, dated 15 October 1940, which was written by General

Friderici, Deputy General of the Wehrmacht in Bohemia and Moravia. On

the face of the document, it appears that only four copies were made.

The document we offer in evidence is the original document, which was

found among the captured files of the OKW. This document bears the

handwritten letters “K” and “J” on the first page on the left-hand side,

and I am advised that the handwriting is unquestionably that of

Defendants Keitel and Jodl. I quote the document in its entirety:

“On 9 October of this year the office of the Reich Protector

held an official conference in which State Secretary SS

Gruppenführer R. H. Frank spoke about the following . . . .”

SS Gruppenführer K. H. Frank, it may be noted, was Secretary of State

under Defendant Von Neurath, who at the date of this report was the

Protector of Bohemia and Moravia.

THE PRESIDENT: Who did you say Frank was?

CAPT. HARRIS: Frank was an SS Gruppenführer, and Secretary of State

under Defendant Von Neurath. He is not the Defendant Hans Frank. At the

date of this particular report Von Neurath, under whom K. H. Frank

served, was the Protector of Bohemia and Moravia. Continuing the

quotation:

“Since creation of the Protectorate of Bohemia and Moravia,

Party agencies, industrial circles, as well as agencies of the

central authorities of Berlin, have considered a solution for

the Czech problem.

“After ample deliberation, the Reich Protector expressed his

views about the various plans in a memorandum. In this three

ways of solution were indicated:

“a) German infiltration of Moravia and confinement of the Czech

nationals to a residual Bohemia. This solution is considered

unsatisfactory, because the Czech problem, even if in diminished

form, will continue to exist.

“b) Many arguments can be brought up against the most radical

solution, namely, the deportation of all Czechs. Therefore, in

the memorandum it is concluded that it cannot be carried out

within a reasonable period of time.

“c) Assimilation of the Czechs, that is, absorption of about

half of the Czech nationals by the Germans insofar as these are

of racial or otherwise valuable importance. This will also be

caused, among other things, by increased employment of Czechs in

the Reich territory (with the exception of the Sudeten German

border districts), in other words, by dispersing the

concentrations of Czech nationals.

“The other half of the Czech nationals must be deprived of their

power, eliminated, and shipped out of the country by all sorts

of methods. This applies particularly to the racially mongoloid

part and to the major part of the intellectual class. The latter

can scarcely be converted and would become a burden by

constantly making claims for the leadership over the other Czech

classes and thus interfering with a possible rapid assimilation.

“Elements which counteract the planned Germanization ought to be

handled roughly and eliminated.

“The above development naturally pre-supposes an increased

influx of Germans from the Reich territory into the

Protectorate.

“Having been reported, the Führer has chosen solution (c)

(assimilation) as a directive for the solution of the Czech

problem and decided that, while keeping up the autonomy of the

Protectorate on the surface, the Germanization will have to be

carried out in a centralized way by the office of the Reich

Protector for years to come.

“From the above no particular conclusions are to be drawn by the

Armed Forces. This is the line which has always been taken here.

In this connection I refer to my memorandum submitted to the

Chief of the High Command of the Armed Forces, dated 12 July

1939, file number 6/39, top secret, entitled ‘The Czech Problem’

(attached as annex).

“The Representative of the Armed Forces with the Reich Protector

in Bohemia and Moravia.”—Signed—“Friderici, General of

Infantry.”

With the permission of Your Honors, I should like to comment further

upon some parts of this memorandum. First, I invite your attention to

solution (a). This solution would have called for German infiltration

into Moravia and the forcible removal of the Czechs from that area to

Bohemia. As Your Honors know, Moravia lies between Bohemia and Slovakia.

Thus solution (a) would have involved the erection of a German State

between Bohemia and Slovakia, and would have prevented effective

inter-communications between the Czechs and the Slovaks. In this manner,

the historic desire for unity of these two groups of peace-loving people

and the continued existence of their Czechoslovakian State would have

been frustrated. Solution (a), it may be noted, was rejected because the

surviving Czechs, even though compressed into a “residual Bohemia”,

would have remained to plague the conspirators.

Solution (b) which involved the forcible deportation of all Czechs was

rejected, not because its terms were deemed too drastic, but rather

because a more speedy resolution of the problem was desired.

Solution (c), as shown in the exhibit, was regarded as the most

desirable and was adopted. This solution first provided for the

assimilation of about one-half of the Czechs. This meant two things: a.

Enforced Germanization for those who were deemed racially qualified and

b. deportation to slave labor in Germany for others. “Increased

employment of Czechs in the Reich territory” as stated in the exhibit

meant, in reality, slave labor in Germany.

Solution (c) further provided for the elimination and deportation “by

all sorts of methods” of the other half of the Czech population,

particularly the intellectuals and those who did not meet the racial

standards of the conspirators. Intellectuals everywhere were an anathema

to the Nazi conspirators, and the Czech intellectuals were no exception.

Indeed, the Czech intellectuals, as the conspirators well knew, had a

conspicuous record of gallantry, self-sacrifice, and resistance to the

Nazi ideology. They were, therefore, to be exterminated. As will be

shown in other connections, that section of the top-secret report which

stated “elements which counteract the planned Germanization are to be

handled roughly and eliminated” meant that intellectuals and other

dissident elements were either to be thrown in concentration camps or

immediately exterminated.

In short, the provisions of solution (c) were simply a practical

application of the conspirators’ philosophy as expressed in Himmler’s

speech, part of which we have quoted in L-70, already presented in

evidence as Exhibit Number USA-308. Himmler said that “either we win

over any good blood that we can use for ourselves . . . or we destroy

this blood.”

I now turn briefly to the conspirators’ program of spoliation and

Germanization in the western occupied countries. Evidence which will be

presented at a later stage of this proceeding will show how the

conspirators sought to germanize the western occupied countries; how

they stripped the conquered countries in the West of food and raw

materials, leaving to them scarcely enough to maintain a bare existence;

how they compelled local industry and agriculture to satisfy the

insatiable wants of the German civilian population and the Wehrmacht;

and finally how the spoliation in the western occupied countries was

aided and abetted by excessive occupation charges, compulsory and

fraudulent clearing arrangements, and confiscation of their gold and

foreign exchange. The evidence concerning these matters which will be

presented in great detail by the Prosecutor for the Republic of France

is so overwhelming that the inference is inescapable that the

conspirators’ acts were committed according to plan.

However, it will not be until after the Christmas recess that the

evidence concerning the execution of the conspirators’ plans in the West

will be presented to this Tribunal. Accordingly, by way of illustration,

and for the purpose of showing in this presentation that the

conspirators’ plans embraced the occupied Western countries as well as

the East, we now offer in evidence a single exhibit on this aspect of

the case, R-114, which is Exhibit Number USA-314. This document was

obtained from the U.S. Counter-Intelligence branch. This exhibit

consists of a memorandum dated 7 August 1942 and a memorandum dated 29

August 1942 from Himmler’s personal files. The former memorandum deals

with a conference of SS officers and bears the title, “Directions for

the Treatment of Deported Alsatians.” The latter memorandum is marked

secret and is entitled, “Shifting of Alsatians into the Reich.” The

memoranda comprising this exhibit show that plans were made and

partially executed to remove all elements from Alsace which were hostile

to the conspirators and to germanize the province. I quote from Page 1,

lines 21 to 31, of the English text entitled, “Directions for the

Treatment of Deported Alsatians.” These extracts contained in the German

text at Page 1, the last 8 lines, and Page 2, lines 1 to 5. I now quote:

“The first expulsion action was carried out in Alsace in the

period from July to December 1940; in the course of it 105,000

persons were either expelled or prevented from returning. They

were in the main Jews, gypsies and other foreign racial

elements, criminals, asocial and incurably insane persons, and

in addition Frenchmen and Francophiles. The _patois_-speaking

population was combed out by this series of deportations in the

same way as the other Alsatians.

“Referring to the permission the Führer had given him to cleanse

Alsace of all foreign, sick, or unreliable elements, Gauleiter

Wagner has recently pointed out the political necessity of a new

deportation”—zweite Aussiedlungsaktion—“which is to be

prepared as soon as possible.”

I should like Your Honors to permit me to defer the remainder of this

presentation until Monday. Mr. Justice Jackson would like to make a few

remarks to the Tribunal.

MR. JUSTICE JACKSON: May it please the Tribunal, I wish to bring to the

attention of the Tribunal and of the Defense Counsel some matters

concerning the case as it will take its course next week, in the belief

that it will result in expediting our procedure if, over the weekend,

our program can be considered.

Captain Harris’ presentation will take a short time longer on Monday;

and when it has concluded, the presentation by the United States will

have reached that part of the Indictment which seeks a declaratory

judgment of this Tribunal that six of the organizations named therein

are criminal organizations. They effect such a finding only that they

may constitute such a basis for prosecution against individual members

in other courts than this, proceedings in which every defense will be

open to an accused individual, except that he may not deny the findings

made by this Tribunal as to the character of the organization of which

he was a member.

The United States desires to offer this evidence under conditions which

will save the time of the Tribunal and advance the prosecution as

rapidly as possible so that United States personnel can be released.

We also desire defendants’ counsel to have before them as much as

possible of our evidence against organizations before the Christmas

recess so that they may use that recess time to examine it and to

prepare their defenses and that we may be spared any further

applications for delay for that purpose.

The substance of our proposal is that all of the ultimate questions on

this branch of the case be reserved for consideration after the evidence

is before the Tribunal. The real question, we submit, is not whether to

admit the evidence. The real question is its value and its legal

consequences under the provisions of this Charter. All of the evidence

which we will tender will be tendered in the belief that it cannot be

denied to have some probative value and that it is relevant to the

charges made in the Indictment. And those are the grounds upon which the

Charter authorizes a rejection of evidence.

At the time we seek no advantage from this suggestion except the

advantage of saving time to the Tribunal and to ourselves to get as much

of the case as possible in the hands of the defendants before the

Christmas recess and to urge the ultimate issues only when they can be

intelligibly argued and understood on the basis of a real record instead

of on assumptions and hypothetical statements of fact.

In offering this evidence as to the organizations, therefore, we propose

to stipulate as follows:

Every objection of any character to any item of the evidence offered by

the United States, as against these organizations, may be deemed to be

reserved and fully available to Defense Counsel at any time before the

close of the United States case with the same effect as if the objection

had been made when the evidence was offered. All evidence on this

subject shall remain subject to a continuing power of the Tribunal, on

motion of any counsel or on its own motion, to strike, unprejudiced by

the absence of objection. Every question as to the effect of the

evidence shall be considered open and unprejudiced by the fact it has

been received without objection.

Now we recognize the adherent controversial character of the issues

which may be raised concerning this branch of the case. What this

evidence proves, what organizations it is sufficient to condemn, and how

the Charter applies to it are questions capable of debate, which we are

quite ready to argue when it can be done in orderly and intelligible

fashion. We had expected to do it in final summation, but we will do it

at any time suggested by the Tribunal, after there is a record on which

to found the argument; and we are willing to do it either before or

after the defendants take up the case. But we do suggest that, if it is

done step by step as the evidence is produced and on questions of

admissibility, it will be disorderly and time-consuming. Piecemeal

argument will consume time by requiring counsel on both sides to recite

evidence that is either in the case, or to speculate as to evidence that

is not yet in, to resort to hypothetical cases, and to do it over and

over again to each separate objection. It will also be disorderly

because of our plan of presentation.

Questions which relate to these organizations go to the very basis of

the proposal made by President Roosevelt to the Yalta Conference,

agreement upon which was the basis for this proceeding. The United

States would not have participated in this kind of determination of

question of guilt but for this or some equivalent plan of reaching

thousands of others, who, if less conspicuous, are just as guilty of

these crimes as the men in the dock. Because of participation in the

framing of the Charter and knowledge of the problem it was designed to

reach, I shall expect to reach the legal issues involved in these

questions.

The evidence, however, will be presented by the lawyers who have

specialized in the search for the arrangement of evidence on a

particular and limited charge or indictment. Piecemeal argument,

therefore, would not be orderly, but would be repetitious, incomplete,

poorly organized, and of little help to the Tribunal. The issues deserve

careful, prepared presentation of the contentions on both sides.

We will ask, therefore, upon these conditions, which we think protect

everybody’s rights and enable the Defense as well as ourselves to make a

better presentation of their questions because they will have time to

prepare them, to lay before the Tribunal, as rapidly as possible next

week and as uninterruptedly as possible, the evidence which bears upon

the accusations against the organizations.

THE PRESIDENT: Mr. Justice Jackson, have you yet communicated that to

the defendants’ counsel in writing or not?

MR. JUSTICE JACKSON: I have not communicated it, unless it has been sent

to the Information Center since noon.

THE PRESIDENT: I think, perhaps, it might be convenient that you should

state what you have stated to us as to objections to the evidence in

writing so they may thoroughly understand it.

MR. JUSTICE JACKSON: I have prepared to do that and to supply sufficient

copies for members of the Tribunal and for all defense counsel.

THE PRESIDENT: Yes.

HERR BÖHM: I represent the members of the S.A. who have volunteered to

be questioned before the Tribunal. I understood the statement of Justice

Jackson only partially. As Defense Counsel I have no one who can supply

me with information and I cannot, under any circumstances, agree to give

my views on statements which I do not know or which are made known to me

in such a way that I am not in a position to get information.

I should like to ask first that I be supplied with a German translation

of the statement which the Prosecution has made on the future course of

the Trial, so that I can express my views on it. I do not represent here

just one person but millions of people who will, after the Trial, come

forward with all sorts of accusations against me, possibly even

justified accusations. My own responsibility, as well as that of my

colleagues who represent the organizations, is immense. I should

therefore like to request, as a matter of principle, that anything which

is presented in this Trial at all be submitted to me in the German

language, because I am not in a position to have whole volumes of

documents translated into German from one day to the next—documents

which could quite easily be given to me in the German original. This is

a circumstance which makes it dreadfully hard for me, as well as for a

number of my colleagues, to follow the Trial at all.

Of the incriminatory evidence against the organizations, I have

previously gathered little in the proceedings up to now. Since,

according to today’s statements, however, the evidence against the

organizations is to be presented shortly, I should like to ask

emphatically that, if we are to continue to represent the organizations,

the proceedings be conducted in such a way that, in a technical respect,

too, we shall be in a position to carry on the defense in a responsible

manner.

THE PRESIDENT: As you know or have been told, only those parts of

documents which are read before the Tribunal are treated as being in

evidence and therefore you hear through your earphones everything that

is in evidence read to you in German. You know also that there are two

copies of the documents in your Information Center which are in German.

So much for that. That has been the procedure up to now.

In order to meet the legitimate wishes of German counsel, the proposal

which Mr. Justice Jackson has just made is perfectly simple, as I

understand it, and it is this:

That the question of the criminality of these organizations should not

be argued before the evidence is put in; that the United States counsel

should put in their evidence first, and that they hope to put the

majority of it in evidence before the Christmas recess, but that the

German counsel (defendants’ counsel) shall be at liberty at any time, up

to the time the United States case is finished, to make objection to any

part of the evidence on these criminal organizations. Is that not clear?

HERR BÖHM: Yes, that is clear.

THE PRESIDENT: Have you any objection to that procedure?

HERR BÖHM: Yes. The procedure as suggested is clear, but I think it is

highly inadequate. I have as yet had no opportunity to get into my hands

either of the two copies, which are said to be downstairs in Room 54,

maybe because two copies are not sufficient for the purposes of 25

lawyers, especially if these copies are placed in Room 54 at 10:30 in

the morning, when the session starts at 10:00 o’clock. It would not even

suffice if these two copies for 25 of us were placed into our room on

the day before, since it is not possible for all of us to make

satisfactory use of these two copies in so short a time. Arrangements

should therefore be made—just how the Prosecution will make them, I

cannot say—to enable us to know at the proper time—and I emphasize

again, in the German language—what the Prosecution expects of us, so

that our work may be of avail to the Tribunal.

THE PRESIDENT: What you have just stated is a general objection to the

procedure which has been adopted up to now and has nothing to do with

the procedure which has been suggested by Mr. Justice Jackson with

reference to these criminal organizations. His suggestion was that

argument on the law of the criminal issue or the criminal nature of

these organizations should be postponed until the evidence was put in

and that the right of Counsel for the Defense should be to make

objection at any stage or, rather, to defer their objections until the

evidence had been put in; and it was hoped that the evidence would be

completed or nearly completed by the Christmas recess. What you say

about the general procedure may be considered by the Tribunal.

So far as the particular question is concerned, namely, the question of

the procedure suggested by Mr. Justice Jackson, have you any objection

to that?

HERR BÖHM: I have objections to this procedure only—and in this respect

I reserve for myself all rights, for the sake of the great number of

people I represent—if it handicaps or hinders me in any way in

representing the interests of my many clients.

THE PRESIDENT: We are aware of that fact, but that does not seem to be

material to the question whether the legal argument should be deferred

until after the evidence is presented. The fact that you have millions

of people to represent has nothing to do with the question whether the

legal argument shall take place before, or in the middle of, or at the

end of the presentation of the evidence. What I am asking you is: Have

you any objection to the legal argument taking place at the end of the

presentation of the evidence?

HERR BÖHM: I have no objection to these suggestions if they do not

impair my defense in any way.

THE PRESIDENT: The Tribunal will now adjourn.

[_The Tribunal adjourned until 17 December 1945 at 1000 hours._]

TRANSCRIBER NOTES

Punctuation and spelling has been maintained except where obvious

printer errors have occurred such as missing periods or commas for

periods. English and American spellings occur throughout the document

depending on the author; however, American spellings are the rule,

hence, 'Defense' versus 'Defence'. Multiple occurrences of the following

spellings which differ and are found throughout this volume are as

follows:

cooperation co-operation

Sudeten Gau Sudetengau

Sudeten-Deutsche territory Sudeten-German territory

Sudeten German(s) Sudeten-German(s)

Although some sentences may appear to have incorrect spellings or verb

tenses, the original text has been maintained as it represents what the

tribunal read into the record and reflects the actual translations

between the German, English, Russian and French documents presented in

the trial(s).

An attempt has been made to produce this ebook in a format as close as

possible to the original document's presentation and layout.

[The end of _Trial of the Major War Criminals Before the International

Military Tribunal: Nuremberg 14 November 1945-1 October 1946 (Vol. 3)_,

by Anonymous.]

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 03 · 第 10 / 10 章