M. FAURE: No more questions, Mr. President.

THE PRESIDENT: General Rudenko? The American and British prosecutors?

[_Each indicated that he had no question._]

THE PRESIDENT: Do any of the defendants’ counsel wish to ask any

questions?

DR. EXNER: You have been speaking about the university library at

Louvain. I should like to ask something: Were you yourself in Louvain

when the two batteries were firing at the library, and at the library

only, in 1940?

VAN DER ESSEN: I was not in Louvain, but I should say this: Louvain was

in the K. O. line, that is in the very front line; and the population of

Louvain was obliged by the British military authorities to evacuate the

town on the 14th so that nearly all the inhabitants of Louvain had left

at the time when these events took place and only paralytics and sick

persons, who could not be transported and who had hidden in their

cellars, were left; but what I said concerning these batteries, I know

from the interrogation of the two witnesses who were on the spot just

outside Louvain. The library was not set on fire from within, but

shelled from without. And these witnesses of whom I speak lived in these

two villages outside the town where the batteries were located.

DR. EXNER: Were there any Belgian or British troops still left in the

town?

VAN DER ESSEN: The Belgian troops were no longer there. They had been

replaced by the British troops when the British had taken over the

sector and at the time when the library was seen to be on fire. The

first flames were seen in the night of the 16th to the 17th at 1:30 in

the morning. The British troops had left. There remained only a few

tanks which were operating a withdrawal movement. These fired an

occasional shot to give the impression that the sector was still

occupied by the British Army.

DR. EXNER: So there were still British troops in the town when the

bombardment started?

VAN DER ESSEN: There were no longer any British troops; there were

merely a few tanks on the hills outside Louvain in the direction of

Brussels, a few tanks which, as I said, were carrying out necessary

maneuvers for withdrawal.

I would have liked to add a few words and to say to the very honorable

Counsel for the Defense that, according to the testimony of persons who

were in the library—the ushers and the janitors—not a single British

soldier ever set foot in the library buildings.

DR. EXNER: That is not surprising. At the time the German batteries were

firing were there still British batteries or Belgian batteries firing?

VAN DER ESSEN: No.

DR. EXNER: So all was quiet in the town of Louvain; the troops had left;

the enemy was not there yet, and the batteries didn’t fire?

VAN DER ESSEN: That was the rather paradoxical situation in Louvain;

there was a moment when the British had left and the Germans had not yet

arrived; and there remained only the few ill persons, the few paralytics

who could not be moved and who were left behind in cellars. A few other

persons remained too: the Chief of the Fire Service and Monseigneur Van

Wayenberg, the Rector of the University, who had brought the dead and

the dying from Brussels to Louvain in the firemen’s car and made the

journey several times. There was also my colleague, Professor Kennog, a

member of the Faculty of Medicine who had taken over the direction of

the city.

DR. EXNER: Do you know where these German batteries were located?

VAN DER ESSEN: Yes, indeed. One was located at Corbek and the other at

Lovengule, one on the west side and one on the north side. The only

shell hits on the tower of the library were four hits from the east side

and seven from the north side. If there had still been British or

Belgian batteries, the shells would have come from the opposite side.

DR. EXNER: Can you tell me anything about the caliber of these

batteries?

VAN DER ESSEN: Yes, we saved the shells and at present they are in the

Library of Louvain, or rather in what serves as a library for the

university. There are four shells and two or three fragments of shells.

DR. EXNER: And do you know the name of the peasant who was supposed to

have been asked by a German officer whether that was really the

University of Louvain? Do you know the peasant personally?

VAN DER ESSEN: Yes, indeed, his name is M. Vigneron.

DR. EXNER: Do you know the peasant yourself? Do you know him?

VAN DER ESSEN: I do not know him personally. It was the librarian of the

university who had a conversation with him and who induced the War

Crimes Commission to interrogate this peasant.

DR. EXNER: You are a member of that commission yourself?

VAN DER ESSEN: Yes, I am ready to declare that I took no direct part in

the inquiry concerning the Library of Louvain, just as Monseigneur the

Rector and the librarian took no active part in the inquiry concerning

the Library of Louvain. It was made by an officer of the judicial

delegation who acted alone and quite independently upon the order of the

Prosecutor of Louvain, and we kept entirely out of the matter.

DR. EXNER: Have you seen the official files of this commission?

VAN DER ESSEN: Yes, certainly.

DR. EXNER: I am surprised they weren’t brought here. Tell me, why did

the director of the library or the person who was directly concerned not

go, after the occupation of the town, to the mayor or to the commander

of the town?

VAN DER ESSEN: I don’t think I understand the question very well.

DR. EXNER: When the German Army came, a town commander was appointed.

Why didn’t the mayor of the town, or the Director of the University

Library go to the town commander and tell him about these things?

VAN DER ESSEN: Why didn’t he tell him about these things—for the very

simple reason that at that time everything was in complete disorder and

there was hardly anybody left in the town, and on the other hand as soon

as the German Army arrived, it systematically closed the entrance gate

of the library so that the Belgians could not make any inquiry. Then two

German inquiry commissions came upon the scene. The first worked on 26

May 1940 with an expert, Professor Kellermann of the School of

Technology in Aachen, accompanied by a Party man in a brown shirt. They

examined what was left and they summoned before them as witnesses the

Rector of the University and the Librarian. From the very beginning of

the inquiry they wished to force the rector and the librarian to declare

and admit that it was the British who had set fire to the library. And

as a proof, this expert showed shell cases saying, “Here, sniff this, it

smells of gasoline and shows that chemicals were used to set fire to the

library.” Whereupon the Rector and the Librarian of the University said

to him, “Where did you find this shell case, Mr. Expert?” “In such and

such a place.” “When we went by that place,” said the rector, “it wasn’t

there.” It had been placed there by the German expert. And I will add,

if you will permit me, because this is of considerable importance, that

a second inquiry commission came in August 1940, presided over by a very

distinguished man, District Court of Appeal Judge Von Neuss. He was

accompanied this time by the expert who had directed the inquiry into

the firing of the Reichstag. This commission again examined everything,

and before the rector and another witness, Krebs, from the Benedictine

Abbey of Mont-César, they simply laughed at the conclusions of the first

commission, and said they were ridiculous.

DR. EXNER: You have said that the library building had towers. Do you

know whether there were artillery observers in these towers?

VAN DER ESSEN: You ask whether there were artillery observers? All I can

say is that the rector had always opposed this from the beginning, and

he certainly would have opposed any attempt of this kind, knowing that

the presence of artillery observers in the tower would obviously provide

the enemy with a reason to fire on the library. The rector knew this and

he always said to me, “We must be extremely careful to see that British

soldiers or others who might take the sector do not go up in the tower.”

I know from the statements of the janitor that no Englishman, no British

soldier, went into the tower. That is absolutely certain. As for

Belgians, I must confess that I cannot answer your question, as I don’t

know.

DR. EXNER: It would not be so very amazing, would it, if the university

library had been hit by German artillery. After all, it has happened

that the libraries of the Universities of Berlin, Leipzig, Munich,

Breslau, Cologne, _et cetera_, have been hit. The only question is

whether this was done deliberately, and here it occurs to me that the

peasant . . .

VAN DER ESSEN: The peasant . . .

DR. EXNER: I would like to ask you: Was there any mention in these

inquiries as to the motive which might have induced the German Army to

make this an objective?

VAN DER ESSEN: All the evidence seems to indicate, and this was the

conclusion arrived at by the commission, that the motive—I will not say

the main motive, because there is no certainty in this sort of

thing—that the motive which is very probable, almost certain, for the

destruction of the library was the German Army’s desire to do away with

a monument which commemorates the Treaty of Versailles. On the library

building there was a virgin wearing a helmet crushing under her foot a

dragon which symbolized the enemy. Certain conversations of German

officers gave the very clear impression that the reason why they wished

to set fire systematically to this building was their desire to get rid

of a testimony of the defeat in the other war, and above all, a reminder

of the Treaty of Versailles. I may add that this is not the first time

that the Germans have destroyed the University of Louvain.

DR. EXNER: You believe that the commander of that battery knew that?

VAN DER ESSEN: There is very interesting testimony which I should like

to submit to the honorable Counsel for the Defense. On the day when the

batteries were installed, the two batteries which I mentioned, I spoke

to a tax collector, a civil servant, who lived in a villa on the road to

Roosweek, a few kilometers from Louvain. That afternoon some German

high-ranking officers came to his house to ask for hospitality. These

officers had with them a truck with all the necessary radio apparatus

for sending wireless orders to the German artillery to fire. These

officers installed themselves in his house, and dinner was naturally

served to them, and they invited him to sit with them. After hesitating

a moment, he accepted, and during the meal there was a violent

discussion. The officers said, “These Belgian swine”—excuse my using

this expression, but they used it—“at any rate they did put that

inscription on the library.” They were referring to the famous

inscription “_Furore Teutonica_” which in fact was never on the library;

but all the German officers were absolutely convinced that this

inscription “_Furore teutonica diruta, dono americano restituta_”

(destroyed by German fury, restored by American generosity) was on the

building, whereas, in fact, it never has been there. However, I am quite

willing to admit that in Germany they might have believed that it was

there; and the very fact that there should have been a discussion among

the officers in command of these two batteries, seems to prove that if

they directed the fire onto the library, it was in order to destroy this

monument. It was probable that they wanted to get rid of a monument

which, according to their idea, bore an inscription which was insulting

to the German Army and the German people. That is the testimony which I

can give to the honorable Counsel for the Defense. I give it as it is.

DR. EXNER: You mean that the captain who commanded this battery knew

about that inscription! I don’t believe it.

VAN DER ESSEN: Certainly.

DR. EXNER: Thank you.

DR. STAHMER: Witness, you have said that 43 airplanes flew over the

library and dropped bombs on it. As you told us yourself, in reply to

Professor Exner’s question, you were not in the town at the time; where

did you get that information?

VAN DER ESSEN: As I have already said, it is not my testimony which I am

giving here, because for my part I have none; but it is the testimony of

the lawyer, Davids, who had a country house at Kesseloo.

This lawyer went out in the morning to look at the sky. He had a

considerable number of refugees in his home, among them women and

children, and as airplanes were continually overhead he had gone out in

the morning to see what was going on. He saw this squadron of airplanes

which he counted—remember he was an old soldier himself—and there were

43 which were flying in the direction of the library; and when they

arrived over the library, exactly over the gable at the farthest point

from the house of the witness, they dropped a bomb, and he saw smoke

immediately arise from the roof of the library. That is the testimony on

which I base the statement I just made.

DR. STAHMER: So it was just one bomb that hit the library?

VAN DER ESSEN: We must distinguish here, sir, between artillery fire and

bombs which are dropped by planes. From a technical point of view, it

seems absolutely certain that a bomb from a plane hit the library,

because the roof has metal covering and this metal roofing is quite

level, except in one part where it caves in. We consulted technicians,

who told us that a metallic surface would never have sunk in to such an

extent if it had been hit by artillery fire and could only have been

caused by a bomb from a plane.

DR. STAHMER: How many bombs in all were dropped by airplanes?

VAN DER ESSEN: As the witness was at a height dominating the Louvain

area from where he could see the library on the plain, it was impossible

for him to count exactly the bombs which these planes dropped. He only

saw the bombs fall. Then he saw the smoke which arose from the roof of

the library. That’s all I have to say concerning this point.

DR. STAHMER: How many bomb hits were counted in the city?

VAN DER ESSEN: On this point I can give you no information, but I know

that some airplanes passed over the library quarters in a straight line

going north to south. These bombs, at that time, in May 1940, damaged,

but not very seriously, the Higher Institute of Philosophy, the

Institute of Pharmacy, and a few other university buildings; also a

certain number of private houses.

DR. STAHMER: When were the bombs dropped, before the artillery fire or

afterwards?

VAN DER ESSEN: The bombs were dropped before and afterwards. There were

some air raids. I myself was present during a terrible air-raid on the

afternoon of 10 May 1940 by a squadron of seven planes. I am not a

military technician, but I saw with my own eyes the planes which

dive-bombed the Tirlemont Bridge. The result of this bombing was that a

considerable number of houses were destroyed and 208 persons killed on

the spot, on the afternoon of 10 May 1940.

[_A recess was taken._]

THE PRESIDENT: Do any of the other Defense Counsel wish to

cross-examine?

HERR BABEL: Witness, when did you last see the university building; that

is, before the attack?

VAN DER ESSEN: Before the fire? I saw it on 11 May 1940.

HERR BABEL: That is to say, before the attack?

VAN DER ESSEN: Before the attack.

HERR BABEL: Was it damaged at that time, and to what extent?

VAN DER ESSEN: On 11 May absolutely nothing had happened to the library.

It was intact. Until the night of the 16th to 17th of May, when I left,

there was absolutely no damage.

HERR BABEL: Apart from the hits on the tower, did you notice any other

traces of artillery fire on the building?

VAN DER ESSEN: On the building I don’t think so. There were only traces

of artillery fire . . .

HERR BABEL: From the fact that only the tower had been hit, couldn’t it

be thought that the tower and not the building was the target?

VAN DER ESSEN: When I said that the tower was struck, I meant only the

traces that could be seen on the walls, on the balcony of the first

story, and on the dial of the clock. Apart from that, nothing could be

seen on the building for the simple reason that the building had been

completely burned out inside and nothing could be seen on the charred

walls. But it is absolutely certain that either a bomb from a plane or

an artillery shell—I personally think it was the latter—hit the

building on the north side, after the fire. The trace of shell fire can

be seen very visibly. It is just here that the fire began. Witnesses who

saw the fire of the Abbey of Mont César. . . .

HERR BABEL: After the fire, when did you see the building for the first

time?

VAN DER ESSEN: After the fire, in July 1940.

HERR BABEL: That is, much later?

VAN DER ESSEN: Yes, but still in the same condition. Nothing had been

done to it. It was still as it was originally.

HERR BABEL: Do you know whether, while the building was burning, an

attempt was made to stop the fire and save the building?

VAN DER ESSEN: It is absolutely certain that attempts were made to stop

the fire. The Rector of the University, Monseigneur Van Wayenberg, told

me himself and has stated that he sent for the firemen, but the firemen

had gone. Only the chief and two members of the fire brigade were left,

and all the water mains at that time were broken as a result of the

bombardment. There was no water supply for several days.

HERR BABEL: Did German troops take part in these attempts to save the

building?

VAN DER ESSEN: No, they were not there yet.

HERR BABEL: How do you know that? You weren’t there.

VAN DER ESSEN: But the Rector of the University did not leave the town

of Louvain. The rector was there and so was the librarian.

HERR BABEL: Did you speak to the rector on this question, as to whether

German troops took part in the attempt to save the building?

VAN DER ESSEN: I spoke to the rector and to the librarian. In my

capacity as General Secretary of the University I discussed with the

rector all general questions concerning the university. We discussed

this point especially, and he told me categorically that no soldier of

the German Army tried to fight the fire.

HERR BABEL: You also have spoken about the resistance movement. Do you

know whether the civilian population was called upon to resist the

German troops?

VAN DER ESSEN: Where? In the Ardennes?

HERR BABEL: In Belgium?

VAN DER ESSEN: In Belgium the resistance was mainly composed of the

secret army, which was a military organization with responsible and

recognized commanders, and wore a distinctive badge so that they could

not be confused with simple _francs-tireurs_.

HERR BABEL: Do you know how many German soldiers fell victims to the

resistance movement?

VAN DER ESSEN: How German soldiers fell victims to this resistance? I

know very well because everywhere in the Ardennes the resistance went

into action, and legally, with chiefs at their head, carrying arms

openly, and with distinctive badges. They openly attacked the German

troops from the front.

HERR BABEL: That was not my question. I asked you if you knew roughly

how many German soldiers became victims of that resistance movement?

VAN DER ESSEN: I don’t understand what is implied by the question of the

honorable Counsel for the Defense.

HERR BABEL: That is not for you to judge, it is for the Tribunal.

VAN DER ESSEN: Does the honorable Counsel for the Defense mean the

events of the Ardennes which I alluded to a while ago, or does he speak

in a quite general sense?

HERR BABEL: The witness in his statements had himself brought up the

question of the resistance movement, and that is why I asked whether the

witness knows . . .

THE PRESIDENT: Dr. Babel, the witness has already answered the question

by saying that he cannot say how many Germans were killed by the

resistance movement.

HERR BABEL: But he can say whether a certain number of Germans did fall

victims to the resistance.

VAN DER ESSEN: There were real battles.

HERR BABEL: The witness will also be able to confirm that the members of

the resistance are today considered heroes in Belgium. From what we have

read in the papers and from what has been brought up here, these people

who were active in the resistance movement are now considered heroes. At

least I could draw that conclusion.

THE PRESIDENT: Will you please continue your examination.

HERR BABEL: Witness, you have said, if I understood you correctly, that

you lost 15 kilograms weight.

VAN DER ESSEN: Yes, indeed.

HERR BABEL: What conclusion did you draw from that fact? I could not

quite understand what you said.

VAN DER ESSEN: I simply meant to say that I lost these 15 kilos as a

result of the mental suffering which we underwent during the occupation,

and it was an answer to a question of M. Faure on whether I considered

this occupation compatible with the dignity of a free man. I wanted to

answer “no,” giving the proof that as a result of this occupation we

suffered much anguish, and I think the loss of weight is sufficient

proof of this.

HERR BABEL: During the war, I also, without having been ill, lost 35

kilos. What conclusion could be drawn from that, in your opinion?

[_Laughter._]

THE PRESIDENT: Go on, Dr. Babel, we are not interested in your

experiences.

HERR BABEL: Thank you, Sir. That was my last question.

THE PRESIDENT: Does any other Counsel wish to ask any questions? [_There

was no response._] M. Faure?

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 330 / 333 题