Part I, Page 713.

Another one with reference to restrictions as to the use of the theater,

on May 15, 1934, 1934 _Reichsgesetzblatt_, Part I, Page 411.

Now, passing from those illustrative laws, the ordinary Cabinet in fact

enacted most of the legislation which set the stage for and put into

execution the Nazi conspiracy described under Count One of the

Indictment. Many of these laws have been referred to previously by the

Prosecution. All of the laws to which I shall refer or have referred

were enacted specifically in the name of the Cabinet. A typical

introductory paragraph reads, and I quote: “The Reich Cabinet has

enacted the following law which is hereby promulgated.” In other words,

that shows it is a Cabinet law.

THE PRESIDENT: That applies to all the ones you have just given us?

COL. STOREY: Yes, Sir. That is a typical heading.

In connection with the acquiring of control of Germany, under Count One

of the Indictment, I refer to some of the following laws.

Here is a law of the 14th of July 1933 against the establishment of new

parties. I believe I referred to that yesterday. That is 1933

_Reichsgesetzblatt_, Part I, Page 479.

Another of 14 July 1933 provided for the confiscation of property of

Social Democrats and others, 1933 _Reichsgesetzblatt_, Part I, Page 479.

I have already referred to that law of 1 December 1933 which

consolidated the Party and the State, which is found in 1933

_Reichsgesetzblatt_, Part I, Page 1016. In the course of consolidating

the control of Germany these laws were enacted, and I give a few

illustrations: 21 March 1933, creating special courts—that is in 1933

_Reichsgesetzblatt_, Part I, Page 136; law of the 31st of March 1933 for

the integration of all the states into the Reich, 1933

_Reichsgesetzblatt_, Part I, Page 153.

THE PRESIDENT: Will you repeat that. Integration of what?

COL. STOREY: Integration of the states—that is the separate states into

the Greater Reich.

Here is one of 30 June 1933, eliminating non-Aryan civil servants or

civil servants married to non-Aryans, 1933 _Reichsgesetzblatt_, Part I,

Page 433; then the law of the 24th of April 1934 creating the People’s

Court, 1934 _Reichsgesetzblatt_, Part I, Page 341—and that was the same

court Your Honors saw functioning in one of the movies exhibited last

week.

Here is the law of 1 August 1934, uniting the office of President and

Chancellor, 1934 _Reichsgesetzblatt_, Part I, Page 747.

I am not introducing all of them or referring to all of them.

Here is a law of the 18th of March 1938 that provides for the submission

of one list of candidates to the electorate of the entire Reich, 1938

_Reichsgesetzblatt_, Part I, Page 258.

Nazi extermination of political internal resistance in Germany through

the purge of their political opponents and through acts of terror, which

are set forth in Paragraph III(D) 3(b) of Count One, was facilitated or

legalized by the following Cabinet laws, translations being found in

Document Book F, which has previously been submitted. I will just refer

to a few of these as they are translated in that book.

Here is one of 14th of July 1933 that prohibits the establishment of new

parties and contains a penal clause. That is found in 1933

_Reichsgesetzblatt_, Part I, Page 479. Here is one of 20th December 19

. . .

THE PRESIDENT: You have already given that one.

COL. STOREY: I believe so; yes, Sir.

Here is a law of the 3rd of July 1934 concerning measures for emergency

defense of the State, and which legalized their own purge. That is in

1934 _Reichsgesetzblatt_, Part I, Page 529.

Here is a law of the 20th of December 1934 on treacherous acts against

the State and Party and for protection of the Party uniforms, 1934

_Reichsgesetzblatt_, Part I, Page 1269.

Here is one of the 24th of April 1934 that makes the creation of a new,

or continuance of existing, political Parties an act of treason, 1934

_Reichsgesetzblatt_, Part I, Page 341.

Here is one of the 28th of June 1935 that changes the Penal Code, 1935

_Reichsgesetzblatt_, Part I, Page 839.

Here is the final one I will mention: 16 September 1939, permitting

second prosecution of an acquitted person before a special court, the

members of which were named by Hitler, 1939 _Reichsgesetzblatt_, Part I,

Page 1841.

Now, next are some laws that related to the extermination of the Trade

Unions, which I have already cited, and they are in Document Book G. I

will not refer to them. Then the laws abolishing collective

bargaining—I have referred to those; I will pass them.

In fact, even the infamous Nuremberg Laws of September 15, 1935,

although technically passed by the Reichstag, were nevertheless worked

out by the Ministry of the Interior. This is verified by a work of Dr.

Franz A. Medicus, Ministerialdirigent, published in 1940. It is Document

2960-PS, Exhibit USA-406. I would like to refer to the paragraphs at

Page 62 of the original publication, and translated in our Document

2960-PS. Beginning the first paragraph:

“The work of the Reich Ministry of Interior forms the basis for

the three ‘Nuremberg Laws’ passed by a resolution of the

Reichstag on the occasion of the Reich Party Meeting of Freedom.

“The ‘Reich Citizenship Law’ as well as the ‘Law for the

Protection of German Blood and German Honor’ opened extensive

tasks for the Ministry of the Interior not only in the field

. . . of administration. The same applies to the ‘Reich Flag

Law’ that gives the basis for the complete revision of the

national flags.”

A few decrees of the Council of Ministers which similarly supplied the

legal basis for the criminal acts and conduct of the conspirators, about

which the Tribunal has already heard and will hear more, relate to those

of August 5, 1940, which imposed a discriminatory tax on Polish workers

in Germany, and that is in 1940 _Reichsgesetzblatt_, Part I, Page 1077;

also the law of 4 December 1941, which imposed penal measures against

the Jews and the Poles in the eastern occupied countries, 1941

_Reichsgesetzblatt_, Part I, Page 759. The last one was concerning the

employment of Eastern Workers, which I referred to this morning.

Almost immediately upon Hitler’s coming into power, the Cabinet

commenced to implement the Nazi conspiracy to wage aggressive war. Three

of the documents that establish this point have already been introduced

in evidence. They are EC-177, 2261-PS, and 2194-PS, respectively.

Document EC-177, which is Exhibit USA-390, is a long copy of the

minutes; and I beg the indulgence of the Tribunal for referring to it

again. It is EC-177 . . .

THE PRESIDENT: Is it in this book?

COL. STOREY: Yes, Sir, EC-177. Your Honors, I didn’t intend to quote

from that. I am simply referring to it as being the minutes of the

second session of the working committee of the delegates for Reich

defense and being signed by the Defendant Keitel.

Document 2261-PS consists of a letter dated the 24th of June 1935. That

transmits a copy of a secret, unpublished defense law of 21 May 1935 and

also a copy of a decision of the Reich Cabinet of the same date, in the

Council for Defense of the Reich. These have been previously introduced,

but they are illustrative laws passed by this Cabinet.

Document 2194-PS also transmits a copy of the secret, unpublished Reich

Defense Law, 4 September 1938.

I will skip down to the laws passed by the Reich Defense Council, on

Page 50, for the record.

The Reich Defense Council was a creation of the Cabinet. On 4 April 1933

it was decided to form that agency. The decision of the Cabinet attached

to Document 2261-PS, which is Exhibit USA-24, Page 4 of the translation,

Paragraph 1, proves that fact. The two secret laws contained in Document

2261-PS, as well as 2194-PS, were passed by the Cabinet; nor was this a

case of one group setting up an entirely distinct group to do its dirty

work. The Cabinet put itself into the picture. This might have been a

difficult task to accomplish before the Nazis assumed power, but with

the Nazis in control, things could move swiftly; and I now refer again

to Document EC-177, but I will not undertake to quote from that,

although the quotation is set out here.

There is only one point in that connection which would not be

cumulative. It is Page 5 of the translation and Page 8 of the original

of EC-177, on the question of security and secrecy, that I think would

be pertinent to the criminal nature. I quote:

“The question has been brought up by the Reich Ministries. The

secrecy of all Reich defense work has to be maintained very

carefully. Communications with the outside, by messenger service

only, has been settled already with the Ministry of Posts,

Ministry of Finance, Prussian Ministry of the Interior, and the

Reichswehr Ministry. Main principle of security: no document

must be lost, since otherwise enemy propaganda would make use of

it. Matters communicated orally cannot be proved; they can be

denied by us in Geneva. Therefore the Reichswehr Ministry has

worked out security directives for the Reich Ministries and the

Prussian Ministry of the Interior.”

I will skip the next reference. I believe I will skip over to the

affidavit of Defendant Frick, on Page 60.

THE PRESIDENT: What is that?

COL. STOREY: It is, if Your Honor pleases, Document 2986-PS. It is

Exhibit USA-409. It is the original affidavit, signed by the Defendant

Frick. I believe Defendant Frick sums up pretty well how the work was

carried on.

“I, Wilhelm Frick, being first duly sworn, depose and say:

“I was Plenipotentiary General for the Reich Administration from

the time when this office was created until 20 August 1943.

Heinrich Himmler was my deputy in this capacity. Before the

outbreak of the war my task as Plenipotentiary General for Reich

Administration was the preparation of organization in the event

of war, such as, for instance, the appointment of liaison men in

the different ministries who would keep in touch with me. As

Plenipotentiary General for Reich Administration I, together

with the Plenipotentiary General for Economy and the OKW, formed

a so-called ‘Three-Man College.’ We were also members of the

Reich Defense Council, which was to plan preparations and

decrees in case of war, which later were published by the

Ministerial Council for Defense of the Reich. Since, as soon as

the war had started, everything would have to be done speedily

and there would be no time for planning, such war measures and

decrees were prepared in advance. All one then had to do was to

pull out of the drawer the war orders that had been prepared.

Later on, after the outbreak of the war, these decrees were

enacted by the Ministerial Council for Defense of the

Reich.”—Signed and sworn to by Dr. Wilhelm Frick, on the 19th

of November 1945.

To sum up this particular phase of the proof, the Cabinet by its own

decision and its own laws created a large war-planning body—the Reich

Defense Council—the members of which were taken from the Cabinet.

Within the Council they set up a small working committee, again composed

of Cabinet members and certain defense officials, a majority of whom

were appointed from the Cabinet members. And to streamline the action,

they placed all of its ministries—except Air, Propaganda, and Foreign

Affairs—into the groups headed respectively by the Plenipotentiaries

for Economy and Administration, and the OKW; and everything was

organized in and for the greatest of secrecy.

That is this Three-Man College.

Now, in conclusion, if Your Honor pleases, I would like at this time to

summarize briefly the proof concerning the Reichsregierung.

From 1933 to the end of the war, the Reichsregierung comprised the

dominant body of influence and leadership below Hitler in the Nazi

Government. The three subdivisions were included in the term

Reichsregierung in the Indictment: the ordinary Cabinet, the Secret

Cabinet Council, and the Council of Ministers for Defense of the Reich.

Yet in reality there existed only an artificial, illusory boundary

between the three.

The predominant subdivision was, of course, the ordinary Cabinet, which

was commonly referred to as the Reichsregierung. In it were the leading

political and military figures in the Nazi Government. Seventeen of the

22 defendants before this Tribunal were integral parts of the ordinary

Cabinet.

I should like now to name these defendants and to indicate the positions

they held in the Reichsregierung:

Martin Bormann, Leader of the Party Chancellery; Karl Dönitz,

Commander-in-Chief of the Navy; Hans Frank, Reich Minister without

Portfolio; Wilhelm Frick, Minister of the Interior, Plenipotentiary for

Reich Administration; Walter Funk, Minister of Economics,

Plenipotentiary for Economy; Hermann Göring, Minister for Air, Reich

Forest Master; Rudolf Hess, Deputy of the Führer; Wilhelm Keitel, Chief

of the OKW; Constantin H. K. von Neurath, Minister for Foreign Affairs,

President of the Secret Cabinet Council; Franz von Papen,

Vice-Chancellor; Erich Raeder, Commander-in-Chief of the Navy; Joachim

von Ribbentrop, Minister for Foreign Affairs; Alfred Rosenberg, Minister

of the Occupied Eastern Territories; Hjalmar Schacht, Acting Minister of

Economics, Reich Minister without Portfolio, President of the

Reichsbank, Plenipotentiary for War Economy; Baldur von Schirach, Reich

Youth Leader; Arthur Seyss-Inquart, Reich Minister without Portfolio;

and finally, Albert Speer, Minister for Armaments and War Production.

From the ordinary Cabinet there came not only the members of the Secret

Cabinet Council and the Council of Ministers for Defense of the Reich,

but also the members of the war planning group, the Nazi secret Reich

Defense Council. When it was deemed essential for the purposes of the

conspiracy to wage aggressive war, that power was concentrated in a few

individuals. Again these individuals were drawn from the ordinary

Cabinet. Thus the Plenipotentiaries for Economy and Administration were

also Ministers of the ordinary Cabinet, and they were also members of

the Reich Defense Council and Ministerial Council.

Under them were grouped practically all the ministers of the ordinary

Cabinet.

Where political considerations of foreign policy required that another

select group be chosen to act as advisors, the secret Cabinet was

created and populated with members of the ordinary Cabinet.

The Reichsregierung was dominated by the Nazi Party through the control

exercised over its legislation by the Deputy of the Führer, Hess, and

later by the Leader of the Party Chancellery, Bormann. Party control was

also effected through the individual membership of all members and the

union of various key Cabinet and Party positions in one man. As a result

of this fusion of the Party and State, an enormous concentration of

political power was gathered into the Cabinet.

The laws enacted by the Cabinet established the framework within which

the Nazi conspirators established their control of Germany, set forth in

Count One of the Indictment, by virtue of which they were enabled to

commit the crimes alleged in Counts One, Two, Three, and Four of the

Indictment. The Cabinet enacted harsh penal laws, discriminatory laws,

confiscatory laws, in violation of the principles of justice and

humanity. Decrees enacted by the Ministerial Council during the war

clothed the criminal acts of the Nazi conspirators with a semblance of

legality. As an instrument of the Party, the Cabinet effectively

implemented the notorious points of the Party program. Finally, the

Cabinet, almost immediately upon the coming into power of Hitler, became

a war-planning group through its establishment in 1933 of a Reich

Defense Council and its active participation in the schemes and plans

for waging aggressive war.

It is therefore most respectfully submitted that, by virtue of all of

the foregoing, the Reichsregierung, as defined in Appendix D, Page 35,

of the Indictment, should be declared a criminal group within the

meaning of Article 9 of Section II of the Charter.

That concludes, if Your Honor pleases, this presentation, and the next

subject is the SA. It will take just about a couple of minutes to be

ready for that.

May it please the Tribunal, I passed up Document Book Y, which contains

the English translations of the documents relied upon in this

presentation.

The organization which I shall now present for your consideration is the

Sturmabteilung, the organization which the world remembers as the “Brown

Shirts” or “Storm Troops,” the gangsters of the early days of Nazi

terrorism. It came to be known in latter years as the SA, and I shall

refer to it in that manner in the course of my presentation.

The SA was the first of the organizations conceived and created by the

Nazis as the instrument and weapon to effectuate their evil objectives,

and it occupied a place of peculiar and significant importance in the

scheme of the conspirators. Unlike some of the other organizations, the

functions of the SA were not fixed or static. On the contrary, it was an

agency adapted to many designs and purposes, and its role in the

conspiracy changed from time to time—always corresponding with the

progression of the conspiracy through its various phases towards the

final objective: abrogation of the Versailles Treaty and acquisition of

the territory of other peoples and nations. If we might consider this

conspiracy as a pattern, with its various parts fitting together like

the pieces of a jigsaw puzzle, we would find that the piece representing

the SA constituted a link in the pattern vitally necessary to the

presentation and development of the entire picture.

The SA participated in the conspiracy as a distinct and separate unit

having a legal character of its own. This is shown by Document 1725-PS,

which is tabbed in the document book, of which the Court will take

judicial notice. It is an ordinance passed in March 1935,

_Reichsgesetzblatt_, Part I, Page 502. It declares that the SA and

certain other agencies were thereafter to be considered “components” of

the Nazi Party. This ordinance further provided in Article 5—and it is

on the second page of the English translation, right after the word

“Article 5”—I quote, “The affiliated organizations can have their own

corporate identity.”

Similarly the _Organization Book_ of the Nazi Party characterizes the SA

as an “entity.” Document 3220-PS, which I now offer, is an excerpt from

the 1943 edition of the _Organization Book_, Page 358 of the original,

and I quote from the English translation. It is there declared:

“The Führer prescribes the law of conduct and commands its use.

The Chief of Staff represents the SA as a complete entity on the

mandate of the Führer.

I am sure the evidence will demonstrate and characterize the SA as an

entity and organization having a legal character of its own. This

evidence will show that, while the SA was composed of many individual

members, these members acted collectively and cohesively as a unit. They

were closely bound and associated together by many common factors,

including: uniform membership standards and disciplinary regulations; a

common and distinctive uniform; common aims and objectives; common

activities, duties, and responsibilities; and—probably the most

important factor of all—a fanatical adherence to the philosophies and

ideologies conceived by the Nazi conspirators.

This is partially demonstrated by Document Number 2354-PS, which again

is simply an excerpt from the _Organization Book_; and it is found on

Page 7 of the English translation. It provides that membership in the SA

was voluntary but that the SA man should withdraw if “he can no longer

agree with SA views or if he is not in a position to fulfill completely

the duties imposed upon him as a member of the SA.”

The SA man was well schooled in the philosophies, attitudes, and

activities which he was expected and required to adopt and reflect in

his daily life. Cohesion of thought and uniformity of action with

respect to such matters was in part obtained by the publication and

distribution of a weekly periodical entitled _Der SA-Mann_ (_The SA

Man_). This publication was principally devoted to the creation and

fostering of the various aspects of Nazi ideology which constituted the

doctrinal motives of many of the conspirators.

May I digress from my text and say to the Tribunal that we have here on

the table all of these publications, beginning with the year 1934, up

through and including the year 1939. The official weekly newspaper

entitled _Der SA-Mann_, meaning _The SA Man_, published in Munich, had

wide distribution and was on sale at news stands and distributed

throughout Germany and occupied countries.

In addition, _Der SA-Mann_ served to report upon and document the

activities of the SA as an organization and those of its constituent

groups. I shall have occasion at a later point to refer to certain

portions of this publication for the consideration of the Tribunal.

The general organizational arrangement or plan of the SA will be

demonstrated to the Tribunal by the documents which will subsequently

appear. At this point I may say simply that this proof will show that

the SA developed from scattered bands of street ruffians to a well-knit,

cohesive unit organized on a military basis with military training and

military functions and, above all, with an aggressive, militaristic, and

warlike spirit and philosophy. The organization extended throughout the

entire Reich territory and was organized vertically into local groups

and divisions. Horizontally, there were special units including military

cavalry, communications, engineer, and medical units. Your Honors will

observe the chart that I will introduce officially a little later on the

wall. Co-ordination of these various groups and branches was strictly

maintained by the SA headquarters and operational offices, and those

offices were located in Munich.

The relationship between the SA and the NSDAP is the next subject.

The case against the SA is a strong one and its basis or foundation

consists of its significant and peculiar relationship and affiliation

with the Nazi Party and the principal conspirators.

It is submitted that a relationship or association among the alleged

conspirators constitutes important and convincing evidence of their

joint participation in an established conspiracy; and this principle is

particularly applicable because the affiliation between the SA and the

Nazi leaders was closely maintained and adhered to and was adapted to

the purpose of enabling the conspirators to employ the SA for any use or

activity which might be necessary in the course of effectuating the

objectives of the conspiracy.

Thus we find that the SA was, in fact, conceived and created by Hitler

himself in the year 1921 at the very inception of the conspiracy. Hitler

retained direction of the SA throughout the period of the conspiracy,

delegating the responsibility for its leadership to a Chief of Staff.

Hitler, in fact, was often known throughout Germany as OSAF, or

“Oberster SA Führer,” or, translated, meaning the highest SA Führer.

The Defendant Göring was an early member of the SA and he maintained a

close affiliation with it throughout the course of the conspiracy.

The Defendant Hess participated in many of the early battles of the SA

and was leader of an SA group in Munich.

The Defendants Frank, Streicher, Von Schirach, and Sauckel each held a

position of Obergruppenführer in the SA, a position corresponding to the

rank of Lieutenant General; and the Defendant Bormann was a member of

the staff of the SA High Command.

The close relationship between the SA and the leaders of the Nazi Party

is demonstrated by the fact that the Hoheitsträger of the Nazi

Leadership Corps were authorized to call upon the SA for assistance in

carrying out particular phases of the Party program. This was

established yesterday by Document 1893-PS, which, Your Honors will

recall, I quoted from a number of times in connection with the

presentation of the Leadership Corps. It was declared in that excerpt,

Page 11 of the English translation, as Your Honors will recall, that the

Hoheitsträger were empowered to call upon the SA for the execution of

political missions connected with the movement. This responsibility of

the SA to the Party is also shown by Document 2383-PS, which is an

ordinance for the execution of the Hitler decree, which I now offer in

evidence as Exhibit USA-410. I quote from Page 3 of the English

translation. If Your Honors will turn to Page 3 of the English

translation, it is the fourth paragraph on Page 3:

“The affiliates of the NSDAP, with exception of the SS, for whom

special provisions apply, are subordinated to the Hoheitsträger

politically and for assignment to duty. Responsibility for the

leadership of the units rests in the hands of the unit leader.”

It was in accordance with such authority, as proved yesterday in the

Leadership Corps presentation, that the SA was used in the seizure of

trade union properties.

In addition the SA demonstrated its close affiliation to the Nazi Party

by participating in various ways in election proceedings. This is shown

in Document 2168-PS, which is a pamphlet entitled _The SA_, which is

Exhibit USA-411; and this pamphlet depicts the history and general

activities of the SA, written by an SA Sturmführer named Bayer upon

orders from SA headquarters. In that pamphlet, and I quote on Page 4 of

the English translation, down towards the bottom of the page, the last

paragraph, beginning on line 3:

“The labor and the struggle of the SA was not in vain. They

stood at the foremost front of election contests.”

Adolf Hitler himself, on the 2d of September 1930, took over the

leadership of the SA as the Supreme SA Führer. He himself guided his SA

in the fateful election fight of the year 1930.

Further evidence of the interest and participation of Nazi leaders in

the activities of the SA is to be found in these five bound volumes,

which consist of the issues of the SA newspaper, _Der SA-Mann_, from the

year 1934 to 1939 inclusive; and I should like at this time to ask that

each of these bound volumes be marked for identification, because each

of them will be referred to from time to time during this presentation.

They will begin with Exhibit USA-414, 415, 416, 417, and 418 and they

are referred to by appropriate document numbers, which I will refer to

when the quoted portions come in the English translation.

Throughout these volumes there appear photographs portraying the

participation of Nazi leaders in SA activities. I should like at this

time to describe a few of the photographs, and I will indicate the page

numbers upon which they appear.

If Your Honors please, we set out a number of these pictures and a

number of photographs; but I should like, at this time, to exhibit to

the Tribunal and pass into evidence one of the photographs appearing in

the January 1937 issue. It is a photograph of Göring at the ceremonies

held upon the occasion of his being made Obergruppenführer of the

Feldherrnhalle Regiment of the SA on the 23rd of January 1937, and we

offer in evidence the photograph and the page of the newspaper. We will

pass it up to Your Honors if you would like to see it. We offer it in

evidence.

Another photograph of Göring, leading the Feldherrnhalle Regiment of the

SA in parade on the 18th of September 1937, is shown at Page 3. The

other photograph was at Page 3 of the 1937 January edition of the

_SA-Mann_.

I call the attention of Your Honors to a few of the other photographs

that appear. There is a photograph of Hitler greeting Hühnlein, bearing

the caption, “The Führer greets Corps Führer Hühnlein at the opening of

the International Automobile Fair—1935.” That is dated the 23rd of

March 1935, at Page 6.

Here is another photograph of Himmler and Hühnlein, who was the Führer

of the NSKK, and Lutze, who was Chief of Staff of the SA, bearing the

caption, “They lead the soldiers of National Socialism,” 15th of June

1935, Page 1.

Another photograph of Hitler at an SA ceremony, carrying the SA battle

flag; and the picture bears the caption, “As in the fighting years, the

Führer, on the Party Day of Freedom, dedicates the new regiments with

the Blood Banner,” 21 September 1935, Page 4.

I pass on. Here is a photograph of Göring in the SA uniform, reviewing

SA marching troops, under the caption, “Honor Day of the SA,” 21

September 1935, Page 3.

THE PRESIDENT: Colonel Storey, is there any doubt that Hitler and Göring

were members of the SA?

COL. STOREY: No, Sir; but the purpose in showing those photographs, if

Your Honors please, was to show the militaristic character of the SA. If

there is no question about that and it is cumulative, then I will pass

on.

The work of the SA did not end with the seizure by the Nazis of the

German Government, but affiliation between the SA and the Nazi leaders

was continued after the acquisition by the Nazis of the control of the

German State. The importance of the SA in connection with the Nazi

Government and control of Germany is shown by the law of December 1,

1933. I have already referred to that, that is, the union of Party and

State. However, there is one paragraph that has not been quoted before,

if Your Honors please, and I would like to call Your Honors’ attention

to it. It is our Document 1395-PS, and it appears in the English

translation on Page 1, and I quote Article 2:

“The Führer’s Deputy and the Chief of Staff of the SA become

members of the Reich Government in order to insure close

co-operation of the offices of the Party and SA with the public

authorities.”

Similarly, in Document 2383-PS, which I referred to a moment ago—I will

simply refer to it—that is 2383-PS, Page 11, the last paragraph:

“The Party and State offices must support the SA in this

training program and value the certificate of award of the SA

defense medal accordingly.”

That the Nazis at all times possessed complete control of the SA is

shown by the so-called Röhm Purge of June 1934. Evidence concerning this

matter is to be found in the _Völkischer Beobachter_ of 1 July 1934, at

Page 1. I will not quote from that.

Röhm had been Chief of Staff of the SA for several years and was

responsible for the development of the SA into a powerful organization

with definite programs and objectives.

Members of the SA were required to take a personal oath of fidelity to

him. But when his policies conflicted with those of the Nazi leaders, he

was removed and murdered and replaced by Victor Lutze. This drastic

action was accomplished without revolt or dissension in the ranks of the

SA and with no change in the objectives or program of the organization.

The SA remained “a reliable and strong part of the National Socialist

Movement”—and I am quoting; this is Document 2407-PS, Exhibit USA-412,

the English translation of the _Völkischer Beobachter_. It is the last

paragraph in the English translation, just above the name “Adolf

Hitler.” I will say for the translators that the quotation is included

in our text. If we might go on, I quote:

“It is my wish that the SA be built up as a reliable and strong

part of the National Socialist movement, full of obedience and

blind discipline. They must help to create and form the new

German citizens.”

The importance of the SA in the Nazi plan for the utilization of the

people of Germany is shown in Hitler’s pronouncement, “The Course for

the German,” which appears in the issue of _Der SA-Mann_ of the 5th of

September 1936, at Page 22. It is our Document 3050-PS, Exhibit Numbers

USA-414 and USA-418; and it is at Page 29 of the English

translation—Page 29 of Document 3050-PS, the paragraph in the middle of

the page; and I quote:

“. . . the young boy will enter the Jungvolk, and the adolescent

will enter the Hitler Youth; the young man of the Hitler Jugend

will go into the SA, the SS, and other units, and the SA and SS

men will one day enter into the labor service and from there the

Army, and the soldier of the Volk will return again into the

organization of the Movement, of the Party, into the SA and SS,

and never again will our Volk decay as it once had decayed.”

And so we see that at all times during the conspiracy the relationship

between the SA and the Nazi Party was such that the SA was constantly

available to the conspirators as an instrument to further their aims.

The SA was created by the conspirators at the inception of the Nazi

movement. It was at all times subject to the direction of Adolf Hitler.

Seven of the defendants held positions of leadership and responsibility

in the organization, and at all times the SA was subject to the call of

the Hoheitsträger. The SA stood at the forefront of the election fights;

and co-operation between the offices of the Party, of the SA, and of the

State was assured by law.

And so it was declared by Victor Lutze, the former Chief of Staff of the

SA, in a pamphlet entitled _The Nature and Tasks of the SA_; and it is

our Document Number 2471-PS. The original we offer in evidence as

Exhibit USA-413; and I quote from the top of Page 1 of the English

translation, 2471-PS. I believe I will read that whole paragraph, the

first paragraph on the top of the page:

“Before touching the real subject matter, I must tell you first,

in order to clear up any uncertainty about my own position, that

I never speak primarily as a member of the SA, but as a National

Socialist, since the SA cannot be independent of the National

Socialist movement but can only exist as a part of it.”

I should next like to present to the Tribunal evidence which will

demonstrate the principal functions and activities performed by the SA

pursuant to the relationship which I have described above and in

furtherance of the objectives of the conspiracy. These activities may be

logically classified or divided into four distinct phases or aspects,

each of which, I might add, corresponds with a particular phase in the

progression of the conspiracy toward the objectives alleged in the

Indictment.

The first phase consists of the use of the SA and its members as the

instrument for the dissemination of ideology and fanaticism of the Nazis

throughout Germany. The employment of the SA for this purpose continued

throughout the entire period of the conspiracy as will, I am sure, be

apparent from the evidence.

The second phase relates to the period prior to the Nazi seizure of

power. During this period the SA was a militant and aggressive group of

fighters or gangsters whose function was to combat, physically and

violently, all opponents of the Party.

The third phase relates to the period of several years following the

Nazi seizure of power. During this period the SA participated in various

measures designed to consolidate the control of the Nazis, including

such Nazi-inspired programs as the dissolution of the trade unions, the

persecution of the Church, and the Jewish persecutions to which I have

already alluded. During this period they continued to serve as a force

of political soldiers whose purpose was physically to combat members of

political parties which were considered hostile or opposed to the Nazi

Party.

The fourth aspect of the SA activities consisted of its employment as an

agency for the building up of an armed force in Germany in violation of

the Treaty of Versailles and for the preparation of the youth of

Germany—mentally and physically—for the waging of an aggressive war.

I should now like to discuss what I consider the highlights of the

evidence relating to these four phases.

The first phase is in connection with the dissemination of ideology.

The first function of the SA consisted of its responsibility to

disseminate the doctrines and ideologies, acceptance of which was

necessary for the fulfilment of the Nazi objectives. From the very start

the Nazi leaders emphasized the importance of this mission. During the

course of the conspiracy the SA undertook many duties and

responsibilities, but one responsibility which remained constant

throughout was that of being propagandist of the National Socialist

ideology.

I now refer, Your Honors, to the English translation of Document

2760-PS, Exhibit USA-256, which is an excerpt from _Mein Kampf_, and it

is shown at Page 5 of the translation of the document. This is the third

paragraph on Page 5 of the document, quoting:

“As the directing idea for the inner training of the

Sturmabteilung, the intention was always dominant, aside from

all physical education, to teach it to be the unshakeably

convinced defender of the National Socialist idea. . . .”

I might add that Hitler’s pronouncement as to the function of the SA in

this respect became, in effect, the guiding principle of SA members, for

_Mein Kampf_ was taken to express the basic philosophy of the SA.

In Document Number 2354-PS, which is an excerpt from the _Organization

Book_ of the Party, on Page 1 of the English translation—it is quoted

in the text—I quote Paragraph 1:

“Education and training, according to the doctrines and aims of

the Führer as they are set down in _Mein Kampf_ and in the Party

program, for all phases of our living and of our National

Socialist ideology. . . .”

This same document—the _Organization Book_ of the Party—refers to the

SA’s function as the propagandist of the Party.

I believe the next one, if Your Honor pleases, would simply be

cumulative of what we have already referred to. I next refer to an

article . . .

THE PRESIDENT: Perhaps this would be a convenient time to break off.

COL. STOREY: All right, Sir.

[_The Tribunal adjourned until 19 December 1945 at 1000 hours._]

TWENTY-THIRD DAY

Wednesday, 19 December 1945

_Morning Session_

DR. FRITZ SAUTER (Counsel for the Defendant Von Schirach): Mr.

President, yesterday a table depicting the construction of the Reich

Cabinet, one of the accused organizations, was shown on the screen here.

On this chart the Defendant Von Schirach was also listed under the

heading, “Other participants in the meetings of the Cabinet.” The

Defendant Von Schirach has explained to me and asked me to inform the

Tribunal that he never took part in any meeting of the Reich Cabinet,

that he was never named a member of the Reich Cabinet, and that he never

had a part in any decision of the Reich Cabinet.

THE PRESIDENT: The point that you are taking seems to the Tribunal to be

premature. This is not the stage at which you are to argue the question

whether your client is a member of the Reich Cabinet or not. The

argument upon the whole question will take place after the evidence and

after the Prosecution have had the opportunity of putting forward their

arguments as to the criminal nature of the Reich Cabinet. You or other

counsel on behalf of those concerned will be able to put forward your

arguments. We do not desire to hear arguments now about the criminal

nature, but to hear the evidence. Is that clear?

DR. SAUTER: Yes. I shall then return to this point during the

examination of witnesses, and prove that the Defendant Von Schirach was

never a member of the Reich Cabinet. Thank you.

COL. STOREY: If the Tribunal please, yesterday afternoon we had just

started on the participation of the SA in the first point—the

dissemination of ideology or propaganda. In an article which appeared in

_Der SA-Mann_, at Page 1 of the issue of January 1934, which is Document

3050-PS; and I refer to Page 25 of the English translation, if Your

Honor pleases, the portion shown in red brackets—it is dated the 6th of

January 1934:

“The new Germany would not have been without the SA man; and the

new Germany would not go on existing if the SA man would now,

with the feeling of having fulfilled his duty, quietly,

unselfishly, and modestly step aside, or if the new State would

send him home much like the Moor who has done his duty. On the

contrary, the SA man, following the will of the Führer, stands

as a guarantor of the National Socialist revolution before the

gates of power and will remain standing there at all times. For

gigantic missions still await fulfillment which would not be

thinkable without the presence and the active co-operation of

the SA.

“What has been accomplished up till now, the taking over of the

power in the State and the ejection of those elements which are

responsible for the pernicious developments of the postwar years

as bearers of Marxism, liberalism, and Capitalism, are only the

preliminaries, the springboard, for the real aims of National

Socialism.

“Being conscious of the fact that the real National Socialist

construction work would be building in an empty space without

the seizure of power by Adolf Hitler, the Movement and the SA

man as the fighting bearer of its will, primarily have directed

all of their efforts thereupon, to achieve the platform of

continued striving and to obtain the foundation or the

realization of our desires. . . .

“Out of this comes the further mission of the SA for the

completion of the German revolution: First, to be the guarantor

of the power of the National Socialist State against all attacks

from without as well as from within; second, to be the high

institute of education of the people for the living National

Socialism.”

The function of SA as the propagandist of the Party was more than a

responsibility which SA took unto itself. It was the responsibility

recognized by the law of Germany. From Document 1395-PS, which is the

copy of the law entitled, “Law on Securing the Unity of Party and

State,” which I have referred to before—and it was promulgated by the

Reich Cabinet in 1933—I desire to read Article 3, on Page 1 of the

English translation:

“The members of the National Socialist German Labor Party and

the SA, including their subordinate organizations, as the

leading and driving force of the National Socialist State, will

bear greater responsibility toward the Führer, people, and

State. In case they violate these duties they will be subject to

special jurisdiction by Party and SA. The Führer may extend

these regulations in order to include members of other

organizations.”

Thus were the SA members the ideology bearers of the Nazi Party—the

soldiers of an idea—to use the expression employed by the Nazi writers.

And permit me to emphasize that the SA was the propagandist agency, the

principal agency employed by the conspirators to disseminate their

fanaticism among the people of Germany.

I need hardly point out the importance of this function to the

successful effectuation of the conspiracy, for it is self-evident that

the Nazis could not have carried their conspiracy to the stages which

they did, had not the minds of the people of Germany been cruelly and

viciously influenced and infected with their evil ideologies.

I now proceed to the other functions of the SA which I mentioned

previously. The next is its use in the early stages of the conspiracy as

the “strong-arm” of the NSDAP. In the early stages of the Nazi movement,

the employment of the SA as the propagandist instrument of the Party,

involved and was combined with the exercise of physical violence and

brutality.

As said by Hitler in _Mein Kampf_—and this excerpt appears at Page 4 of

Document 2760-PS, Page 4 of the English translation, Exhibit Number

USA-256:

“The young Movement, from the first day, espoused the

stand-point that its idea must be put forward spiritually, but

that the defense of this spiritual platform must, if necessary,

be secured by strong-arm means.”

I will read the rest of that paragraph:

“Faithful to its belief in the enormous significance of the new

doctrine, it seems obvious to the Movement that for the

attainment of its goal no sacrifice can be too great.”

And so, in the early days of the Nazi movement, so that the Nazis might

better spread their fanatical philosophies, the SA was employed as a

terroristic group, in order to gain for the Nazis possession and control

of the streets. That is another way of saying that it was a function of

the SA to beat up and terrorize all political opponents. The importance

of this function is indicated in Document 2168-PS, Exhibit Number

USA-411, which was written by SA Sturmführer Bayer on orders from SA

headquarters. I refer to Page 3 of the English translation of Document

2168-PS, the third paragraph from the bottom:

“Possession of the streets is the key to power in the State—for

this reason the SA marched and fought. The public would never

have received knowledge of the agitative speeches of the little

Reichstag faction and its propagandists or of the desires and

aims of the Party if the martial tread and battle song of the SA

companies had not beat the measures for the truth of a

relentless criticism of the state of affairs in the governmental

system. They wanted the young Movement to keep silent. Nothing

was to be read in the press about the labor of the National

Socialists, not to mention the basic aims of its platform. They

simply did not want to awaken any interest in it. However, the

martial tread of the SA took care that even the drowsiest

citizens had to see at least the existence of a fighting troop.”

The importance of the work of the SA in the early days of the Movement

was indicated by Goebbels in a speech which appeared in _Das Archiv_,

October 1935. This is our Document 3211-PS, Exhibit Number USA-419. It

is on the first page of the English translation:

“The inner-political opponents did not disappear due to

mysterious unknown reasons, but because the Movement possessed a

strong arm within its organization; and the strongest arm of the

movement is the SA. The Jewish question will not be solved

separately but by laws which we enact, for we are an anti-Jewish

government.”

Specific evidence of the activities of the SA during the early period of

the Nazi movement, from 1922 to 1931, is found in a series of articles

appearing in _Der SA-Mann_ entitled, “SA Battle Experiences Which We

Will Never Forget.” Each of these articles is an account of a street or

a meeting-hall battle waged by the SA against a group of political

opponents in the early days of the Nazi struggle for power. These

articles demonstrate that during this period it was the function of the

SA to employ physical violence in order to destroy and subvert all forms

of thought and expression which might be considered hostile to the Nazi

aims or philosophy.

A number of such articles have been translated, and the titles are

sufficiently descriptive to constitute evidence of the activities of the

SA in the early stages of the movement. I should like to quote from a

few of these titles by giving the page reference of this big newspaper

volume.

Here is one of 24 February 1934, Page 4—the title: “We Subdue the Red

Terror.” From the 8th of September 1934, Page 12; the article is

entitled: “Nightly Street Battles on the Czech Border.” From 6th of

October 1934, Page 5: “Street Battle in Chemnitz.” Another one of 20

October 1934, Page 7—the title: “Victorious SA.” I will skip several of

them. Here is one of 26 January 1935, Page 7—the title: “The SA

Conquers Rastenburg.” Another on 23 February 1935, Page 5: “Company 88

Receives Its Baptism of Fire.” One of 20 October 1934, Page 7—the

article is: “SA against Sub-humanity.” Finally, I mention the one of 10

August 1935, Page 10—the title is: “The Blood Sunday of Berlin.” And

then there is a portrait in the article of 11 September 1937, Page 1,

which symbolizes the SA man as the master of the streets.

For an example of the nature of these articles, one appeared in the

Franken edition of the _SA-Mann_ for 30 October 1937, Page 3. It is

entitled: “9 November 1923 in Nuremberg,” and I should like to quote

from Pages 14 and 15 of Document 3050-PS, which is an English

translation of this article:

“We stayed overnight in the Colosseum (that means Nuremberg).

Then in the morning we found out what had happened in Munich.

‘Now a revolution will also be made in Nuremberg’, we said. All

of a sudden the police came from the Maxtor police station and

told us that we should go home, that the Putsch in Munich had

failed. We did not believe that and we did not go home. Then

came the State Police with fixed bayonets and drove us out of

the hall. One of us then shouted: ‘Let’s go to the Cafe

Habsburg!’ By the time we arrived, however, the police again had

everything surrounded. Some shouted then, ‘The Jewish place will

be stormed. . . . Out with the Jews!’ Then the police started to

beat us up. Then we divided into small groups and roamed through

the town, and wherever we caught a Red or a Jew we knew, blows

ensued.

“Then in the evening we marched, although the police had

forbidden it, to a meeting in Fürth. In the Hornschuch promenade

the police again attempted to stop us. It was all the same to

us. In the next moment we attacked the police in our anger so

that they were forced to flee. We marched on to Geissmann Hall.

There again they tried to stop us. But the Landsturm, which was

also there, attacked the policemen like persons possessed and

drove them from the streets. After the meeting we dissolved and

went to the edge of town. From there we marched in close column

back to Nuremberg. In Willstrasse, at the Plärrer, the police

came again. We simply shoved them aside. They did not trust

themselves to attack, for that would have meant a blood bath. We

decided beforehand not to take anything from anyone. In Fürth,

too, they had already noticed that we were up to no good. A

large mass of people accompanied us on the march. We marched

with unrolled flags and sang so that the streets resounded:

Comrade reach me your hand; we want to stand together; even

though they have false impressions, the spirit must not die;

swastika on the steel helmet, black-white-red armband; we are

known as Storm Troop (SA) Hitler!”

I now skip to the use of the SA to consolidate the power of the Party.

The third function of the SA was to carry out various programs designed

to consolidate Nazi control of the German State, including particularly

the dissolution of the trade unions and the Jewish persecutions.

The SA groups were employed to destroy political opposition by force and

brutality wherever necessary. An example of this is shown in Document

Number 3221-PS, Exhibit Number USA-422; and that is an original

affidavit made in the State of Pennsylvania, in the United States of

America, by William F. Sollman, which we now quote in its entirety:

“William F. Sollman, Pendle Hill School, Wallingford,

Pennsylvania, being duly sworn according to law, deposes and

says: From 1919 until 1933 I was a Social Democrat and a member

of the German Reichstag. Prior to March 11th, 1933, I was

editor-in-chief of a chain of daily newspapers with my office in

Cologne, Germany, which led the fight against the Nazi Party.

“On March 9th, 1933, members of the SS and SA came to my home in

Cologne and destroyed the furniture and my personal records. At

that time I was taken to the Brown House in Cologne, where I was

tortured, being beaten and kicked for several hours. I was then

taken to the regular government prison in Cologne, where I was

treated by two medical doctors and released the next day. On

March 11th, 1933, I left Germany. (Signed and sworn to).”

Prior to the organization of the Gestapo on a national scale, local SA

meeting-places were designated as arrest points; and the SA members were

employed in the taking into custody of Communists and other persons who

were actually or supposedly hostile to the Nazi Party. This activity is

described in Document Number 1759-PS, Exhibit Number USA-420, which is

an original affidavit made by Raymond H. Geist. Mr. Geist was formerly

United States Consul in Berlin. He is now in Mexico City. I should like

to quote from a portion of his affidavit, the first being on Page 5 of

the English translation, about the middle of the page, starting:

“At the beginning of the Hitler regime, the only organization

which had meeting-places throughout the country was the SA

(Storm Trooper). Until the Gestapo could be organized on a

national scale, the thousands of local SA meeting-places became

the arrest points. There were at least 50 of these in Berlin.

Communists, Jews, and other known enemies of the Nazi Party were

taken to these points, and if they were enemies of sufficient

importance they were immediately transferred to the Gestapo

headquarters. During 1933 and 1934, when the Gestapo became

universally organized, the SA were gradually eliminated as

arresting agents, and the SS were incorporated as administrative

and executive officials into the Gestapo. By the end of 1934,

the SA had been fairly well eliminated and the SS, the members

of which wore elegant black suits and were therefore called

Elite Guards, became almost identical as functionaries with the

Gestapo.”

I now pass to Page 7 of this same document, Page 7 of the English

translation. It begins . . .

THE PRESIDENT: Colonel Storey, does that mean that the SA were

eliminated for the purpose of arrest or for other purposes too?

COL. STOREY: No, Sir. As I understand, Sir, the SA reached its height of

popularity in 1934 and immediately after the Röhm purge began to

decline. In the meantime, the SS, which originated out of the SA, was

growing and became really the strong part and grew and prospered after

that. So I think the evidence will show that after 1934 the SA started a

rapid decline in its importance.

Now, on Page 7 of the English translation I should like to quote a part

of the consul’s report, beginning in the middle of the page:

“Another American, Herman I. Roseman, made an affidavit which

stated:

“‘Yesterday, March 10th, 1933, in the afternoon about 4:30, I

came out of KDW with my fiancée, Fräulein Else Schwarzlose,

residing in Wilmersdorf (giving the address). A man in SA

uniform stepped on my toe purposely, obviously offended me and

said “Pardon.” I said “Bitte,” and walked ahead. He then

followed me and kicked me saying, “Na und?” A policeman saw this

and walked ahead, paying no attention to attacks made on me.

Then I took my passport out of my pocket, showed it to the

second policeman, and said that I was an American citizen, but

he walked ahead, obviously not able to afford me protection, or

at least being unwilling. The SA man continued to attack me,

struck me in the face, wounded me over the eye, and continued to

do me bodily harm. During this attack, all the time my walking

along, we reached another policeman, and I applied to him,

showing my passport and said, “I am an American and am entitled

to protection.” He shrugged his shoulders and said “What can I

do?” By this time the SA man had obviously inflicted enough

attack upon me and walked away.

“‘Upon my appeal, the policeman brought my fiancée and me to the

station house at 13 Bayreutherstrasse. My fiancée and I reported

to the officer in charge. He heard the story and said that he

was sorry, but that there was nothing to do. My face was

bleeding. The policeman said that he had orders not to interfere

in any affair in which an SA man took part. I then asked him

what I could do to protect myself. He said that there was

nothing to do but to wait until the situation was better. He

added that the police were absolutely powerless, and were under

the direction of the SA, and that there were SA Sturm

Abteilungen in the police itself. Thereupon I departed. . . .’”

Now on the next page, on Page 8, is another American, Mrs. Jean Klauber,

and I quote from her affidavit:

“Oh the night of Friday, March 10, 1933, she and her husband had

retired for the night when they were awakened by a prolonged

ringing of their apartment bell. They heard pounding upon the

street door and a demand for immediate entry and a concurrent

threat to break the door down. The street door was opened by the

janitor’s wife; and a party of four or five men entered and went

at once to the apartment of the deponent, where they again rang

and pounded on the door. Mr. Klauber asked who was there and was

answered, ‘The police.’ He opened the door and a party of four

or five men in brown uniforms, one wearing a dark overcoat and

carrying a rifle, pushed in, jostling Mr. and Mrs. Klauber

aside. One asked Mrs. Klauber where the telephone was and she

indicated the room where it was to be found and started to go

there. Thereupon, she was knocked down by one of them. They went

on to the bedroom where Mr. and Mrs. Klauber followed them, and

there they demanded their passports. Mr. Klauber went to the

wardrobe to get his and was stopped, being asked by the

intruders whether he was carrying any weapons. Being clothed

only in pajamas, his denial was accompanied by a gesture

indicating his garb. He then turned to the wardrobe, opened it,

and reached for one of his four suits hanging therein where he

thought the passport was, and was immediately attacked from

behind by all but one of the intruders, who beat him severely

with police clubs, the one with the overcoat and rifle standing

by. Remarks were shouted such as, ‘look! Four suits, while for

14 years we have been starving!’ Mrs. Klauber tried to inquire

the reason for their actions, and was answered, ‘Jews. We hate

you. For 14 years we have been waiting for this, and tonight we

will hang many of you.’

“When the intruders stopped beating Mr. Klauber he was

unconscious, and they again demanded the passports of Mrs.

Klauber. Mrs. Klauber found her American passport and her German

passport (required by local authorities as the wife of a German

citizen and issued by the police at Munich after her arrival

here); and the intruders took both in spite of Mrs. Klauber’s

protests that she was American. She then searched for her

husband’s passport, laid hold of his pocketbook, and in her

excitement offered it to them. Though full of money they refused

it, and again demanded the passport. Mrs. Klauber then found it

and handed it over.

“Then the intruders returned to the unconscious Mr. Klauber,

saying, ‘He hasn’t had enough yet,’ and beat him further. Then

they left, saying, ‘We are not yet finished,’ and just as they

departed, one of them said to Mrs. Klauber, ‘Why did you marry a

Jew? I hate them,’ and struck her on the jaw with his police

club. . . .”

That is the end of the affidavit.

Now continuing, the next paragraph is the statement of the U.S. Consul:

“I personally can verify that the police had been instructed not

to interfere; and that is, that there was official sanction for

these activities. Affidavits taken from numerous victims attest

this fact. I had become acquainted with the two police officers

stationed at the corner of Bellevuestrasse and Tiergartenstrasse

near where the Consulate General was located; these officers

told me that they and all the other police officers had received

definite instructions not to interfere with the SA, the SS, or

the Hitler Youth.”

In addition, SA members served as guards at concentration camps during

this consolidating period and participated in the persecution and

mistreatment of persons imprisoned therein. I now refer to Document

2824-PS, which is a book entitled, _Concentration Camp at Oranienburg_.

It is Exhibit Number USA-423. This was by an SA-Sturmbannführer named

Schäfer, who was the commander of the concentration camp at Oranienburg.

I quote the excerpt on the first page of the English translation,

reading:

“The most trusted SA men of long service were selected in order

to give them homes in the camp, since they were the permanent

camp guards, and in such a manner we created a cadre of

experienced guardsmen who were constantly prepared to be

employed.”

Further evidence concerning the operation of the concentration camps by

the SA is found in Document 787-PS, Exhibit Number USA-421. This is a

report to Hitler from the public prosecutor of Dresden concerning the

_nolle-prossing_ of one Vogel, who was accused of mistreatment of

persons imprisoned in the concentration camp. I quote from that report:

“On 14 March 1935 the prosecuting authority in Dresden has

indicted . . . Oberregierungsrat Erich Vogel in Dresden on

account of inflicting bodily injury while in office. The

following subject matter is the basis of the process:

“Vogel belongs to the Gestapo office of the state of Saxony

since its foundation and is chief of Main Section II, which

formerly bore the title ZUB (central section for combatting

subversive movements). In the process of combatting efforts

inimical to the State, Vogel carried out several so-called

‘borderland actions’ in the year 1933 in which a large number of

politically unreliable persons and persons who had become

political prisoners in the border territories were taken into

protective custody and brought to the Hohnstein protective

custody camp. In the camp unusually severe ill-treatment of the

prisoners has been going on at least since the summer of 1933.

The prisoners were not only, as in the protective custody camp

Bredow near Stettin, beaten into a state of unconsciousness for

no reasons with whips and other tools, but were also tortured in

other ways, as for instance with a drip-apparatus, especially

constructed for the purpose, under which the prisoners had to

stand so long that they came away with serious purulent wounds

on the scalp. The guilty SA leaders and SA men were sentenced to

punishments of 6 years to 9 months of imprisonment by the main

criminal court of the provincial court in Dresden on 15 May 1935

. . . Vogel, whose duties frequently brought him to the camp,

took part in this mistreatment, insofar as it happened in the

reception room of the camp during completion of the reception

formalities and in the supply room, during issuing of the

blankets. In this respect it should be pointed out that Vogel

was generally known to the personnel of the camp—exactly

because of his function as head of the ZUB—and his conduct

became at least partly a standard for the above-named conduct of

the SA leaders and men.”

I want to read the remainder of that quotation. I am sorry, I don’t have

it here. That is a little portion there that should be read immediately

following my statement, and then I started—I will skip to the quotation

just below there:

“Vogel stayed in the reception room a long time and watched

these proceedings without doing anything about them. In his

presence for instance, the SA man Mutze dealt such blows to one

man, without provocation, that he turned around on himself. As

already stated, Vogel not only took no steps against this

treatment of the prisoners, but he even made jokes about it and

stated that it amused him the way things were popping here.

“In the supply room, Vogel himself took a hand in the beating

amid the general severe mistreatment. The SA men there employed

whips and other articles and beat the prisoners in such a manner

that serious injuries were produced, the prisoners became partly

unconscious and had to lie in the hospital a long time. Vogel

was often present in the supply room during the mistreatment. At

least in the following cases he personally participated actively

in these mistreatments.”

And then skipping down:

“. . . the prisoner was laid across the counter in the usual

manner, held fast by the head and arms, and then beaten for a

considerable time by the SA men with whips and other articles.

Along with these, Vogel himself took part in the beating for a

time, and after this mistreatment slapped him again, so that the

prisoner appeared green and blue in the face. The prisoner is

the tinsmith Hans Kühitz, who bore the nickname ‘Johnny.’ Upon

his departure, Vogel gave the head of the supply room,

Truppführer Meier from 5 to 6 Reichsmark with the stated reason

that the SA men ‘had sweated so.’ The money was then distributed

by Meier to those SA comrades who had taken part in the

mistreatment.”

Another activity of the SA during the days just following the Nazi

seizure of power was to act as auxiliary police. This is shown in

Document 3252-PS, Exhibit Number USA-424. This publication is a book

written about Hermann Göring.

THE PRESIDENT: Colonel Storey, is that a document which shows on its

face that the man was punished for this conduct?

COL. STOREY: I think it does; yes, Sir. I think it does.

THE PRESIDENT: I think that fact ought to be stated.

COL. STOREY: I believe it is stated, Sir. You see in the beginning it

says that the prosecuting authority in Dresden had indicted Vogel on

account of bodily injury, and I thought it stated that he had been

punished.

THE PRESIDENT: The document does appear to state it, but I think you

ought to state it in court. The document ends up with—Paragraph 3.

COL. STOREY: It does state that he was punished. The purpose of

introducing it was to show what actually took place.

I now turn to Document 3252-PS. As I have just mentioned, the book is

entitled, _Hermann Göring, the Man and His Work_ by Erich Gritzbach, in

which it is declared that the ranks of the Security Police were

strengthened by the SA and which was characterized as the most reliable

instrument of the Movement. I should like to quote on the first page of

Document 3252-PS, the English translation—it is the fourth paragraph:

“The present reorganization of the Protection Police is hardly

noticed by the public. Its ranks are strengthened by the SA, the

most reliable instrument of the Movement. The auxiliary police

has given effective aid by its fighting spirit in the struggle

against the Communists and other enemies of the State, not only

to Göring but has, driven by its National Socialist desire for a

new spirit within the executive police, assisted in the rigid

organization.”

I now skip to the SA participation in the Jewish pogrom of 10-11

November 1938 shown by Document 1721-PS, Exhibit Number USA-425. This is

a confidential report of the SA-Brigadeführer to his group commander,

dated 29 November 1938. In the English translation, starting at the

beginning without reading the addresses, it is to SA Group Electoral

Palatinate (Kurpfalz) Mannheim:

“The following order reached me at 3 o’clock on 10 November

1938.

“On the order of the Gruppenführer, all Jewish synagogues within

the 50th Brigade are to be blown up or set on fire immediately.

“Neighboring houses occupied by Aryans are not to be damaged.

The action is to be carried out in civilian clothes. Rioting and

plundering are to be prevented. Report of execution of orders to

reach the brigade Führer or office by 8:30.

“I immediately alerted the Standartenführer and gave them the

most exact instructions; the execution of the order began at

once. I hereby report that the following were destroyed in the

area of. . . .”

Then there follows a list of 35 synagogues that were destroyed. I just

refer to a few of them:

“1) The synagogue at Darmstadt, Bleichstrasse, destroyed by

fire. . . . 4) The synagogue at Gräfenhausen, interior and

furnishings wrecked.”—And then under “Standarte 145”—“The

synagogue at Bensheim, destroyed by fire.”

And then the next four items are synagogues destroyed by fire. In

Standarte 168 eight synagogues are shown to have been destroyed by fire.

In Standarte 86 the synagogue in Beerfelden was blown up; and then

follow several others where the furnishings were wrecked. In Standarte

221 the synagogue and chapel in Gross-Gerau was destroyed by fire, and

the next one torn down and the furnishings destroyed. And then it is

signed by the Führer of Brigade 50, by the signature which is illegible,

“Brigadeführer.”

In connection with the persecution of the Jews, we again find the SA

performing its function of propaganda agency for the Nazis. In this

connection it was the function of the SA to create and foster among the

people an anti-Jewish spirit and sentiment without which the terrifying

Crimes against Humanity perpetrated against the Jewish race certainly

would not have been tolerated by any civilized peoples. Substantial and

convincing evidence of this function is to be found in these bound

volumes of _Der SA-Mann_. Throughout the period covered by these

volumes, there appeared in this publication article after article

consisting of the most cruel and vicious sort of anti-religious

propaganda designed to engender and foster hatred and hostility toward

the Jewish race.

I will simply refer to a few of the titles appearing. On 27 July 1935,

at Page 4, the title is “Finish up with the Jew.” That is shown, if Your

Honor pleases, in Document 3050-PS, Pages 16 to 18 there listed. In the

issue of 2 February 1935, Page 5, “The Jewish World Danger”; on 20 July

1935, Page 4, “Jewish Worries”; on 1 June 1935, Page 1, “Jews Are Not

Wanted Here.” And then follows a statement:

“Then, also, outside of the last German village the sign will

stand, ‘Jews Are Not Wanted Here’; and then, finally, no German

citizen will again cross the threshold of a Jewish store. To

achieve this goal is, among others, the mission of the SA man as

the political soldier of the Führer. Next to his word and his

explanations shall stand his example.”

Then further on, 17 August 1935, Page 1, “God Save the Jews.” Then

another, of 5 October 1935, Page 6, the title “The Face of the Jew”

(with a portrait of a Jew holding the hammer and sickle).

I will just refer to one or two more of them. Here is one on 23 November

1935, Page 2, the title, “The Camouflaged Benjamin—Jewish Cultural

Bolshevism in German Music.” Here is one of 2 January 1937, Page 6—a

hideous-looking picture—the title being “Romania to the Jews?” I give

the final quotation, the last one, 3 February 1939, Page 14, the title

being “Friends of World Jewry: Roosevelt and Ickes.”

The impressive thing about all these articles is the fact that it was

not intended that the philosophies expressed in them should be confined

to members of the SA; on the contrary, the plan was to educate the

members of the SA with this iniquitous philosophy, and for the SA in

turn to be employed for its dissemination into the minds of the German

people. This fact is demonstrated in the introduction to a series of

anti-Jewish articles in the paper of 5 December 1936, at Page 6. I will

just read the title. It is found on Page 28 of the same document and the

title is as follows: “Gravediggers of World Culture.” Also on that same

Page, 28, I quote this statement:

“We suggest that the comrades especially take notice of this

series of articles and see that they are further circulated.”

In addition, intensive campaigns were conducted to persuade the public

to purchase and read _Der SA-Mann_ and the various issues were posted in

public places so that the general public might read them. _Der SA-Mann_

itself contained several photographs which show particular issues posted

upon street bulletin boards; and there are several photographs showing

advertising displays, one of which, for example, reads as follows—this

is in the issue of 31 October 1936: “_Der SA-Mann_ belongs in every

house, every hotel, every inn, every waiting room, and every store.”

Also in the issue of 24 August 1935, at Page 3, there was a group

picture of SA men on trucks and in front of the trucks were large signs,

one of which read, “Read _Der Stürmer_ and you will know the Jew.” On

the same page of the publication I mentioned there is a photograph of

what appears to be a public rally, at which there is displayed a large

poster reading, “He who knows the Jew, knows the devil!”

THE PRESIDENT: Colonel Storey, the Tribunal expressed their view

yesterday that they did not desire to hear cumulative evidence. Isn’t

this rather cumulative?

COL. STOREY: I agree with Your Honor that possibly it is. I am trying to

draw the line on it. I will omit the rest of them.

Now we will pass to the final phase of the function of the SA in the

conspiracy.

THE PRESIDENT: Perhaps we had better adjourn now for 10 minutes.

[_A recess was taken._]

COL. STOREY: If Your Honor pleases, I have just started into the

function of the SA in the conspiracy, that of its participation in the

program for preparation for warfare.

In this connection, Your Honors asked this morning a question about the

arresting and police activities of the SA, and I mentioned that they had

declined after 1934. For fear there was some misapprehension, I would

like to state that as a police organization and as an arresting agency

they declined steadily after 1934.

We go now into the phase where they went into military preparations, the

next phase; and that is the phase with which I deal now. If Your Honor

pleases, I have here all official government publication issued by the

British Government in 1943, the title being, _The Nazi Party and

Organizations_; and I should like to quote as to the organization and

membership of the SA from that publication. It is the most authoritative

that I have been able to find, and I would like to quote briefly from

it:

“The SA was founded in 1921 as a para-military organization to

protect Nazi meetings and leaders, to throw out interrupters and

hecklers, to fight political enemies, and to provide

pre-military training at a time when the legal ‘Reichswehr’ was

limited to 100,000 men. Their highest leader is Hitler himself;

his deputy is called the Stabschef (Chief of Staff) of the SA;

from 1930 till June 1934 it was Röhm; from then onwards till his

death in May 1943, Victor Lutze; since August 1943, Wilhelm

Schepmann. In January 1933 the SA had only 300,000 members.

After the seizure of power, its strength increased quickly; at

present it has a membership of 1,500,000 to 2,000,000.” (JN-4)

Now, the date of this is 1943. We again find the SA employed to

inculcate a particular Nazi ideology into the minds of the people of

Germany. At this point it was the function of the SA to prepare Germany

mentally for the waging of a vicious and aggressive war.

At all times, and especially during the period from 1933 to 1939, SA

leaders emphasized to SA members the duty and responsibility of creating

and fostering a militaristic spirit throughout Germany. In 1933 Hitler

established the so-called SA sports program; and at that time, according

to Sturmführer Bayer, in his pamphlet which I have previously introduced

in evidence as 2168-PS—on Page 6 of the English translation—it is just

one sentence, and I quote:

“. . . commissioned to increase and to preserve the warlike

power and the fighting spirit as the expression of the

soldier-like attitude of a people.”

In 1937 Hitler renewed the so-called sports program and, as recited in

Document 3050-PS, which is the English translation of these newspaper

articles, on Page 12, he made a statement “for the fostering of a

military spirit.”

The _Organization Book_ of the Party is to the same effect, in Document

3220-PS, which is Exhibit Number USA-323. I quote from a portion of that

document—Paragraphs 1 to 3 on Page 1 of the English translation,

beginning at the first paragraph:

“While the political organization of the NSDAP has to carry out

the political leadership, the SA is the training and education

instrument of the Party for the realization of an ideologically

soldier-like attitude.

“In conformity with the directives of the Führer given at the

Reich Party meeting of freedom, the SA is, as the voluntary

political soldiery, the guarantor of the National Socialist

movement, of the National Socialist revolution, and of the

resurgence of the German people.

“Consequently, the young German in the SA is being inculcated in

the first instance from the standpoint of ideology and

character, and trained as the bearer of the National Socialist

ideas.

“Equally significant is a suitable education and training which

the SA members have accomplished within the yearly classes which

have completed their military service. This prevails until the

age they and all their spiritual, mental, and physical powers

are ready for use in maintaining the Movement, the people, and

the State. They should find their best home in the SA. All that

which could divide them economically, culturally,

professionally, or because of origin is being overcome in the SA

by the spirit of comradeship and manly dignity.

“In that manner the SA is developing a decisive factor on the

path to a popular community. Its spirit should radiate with

soldierly tradition and the possibility of application on all

existing units outside of the movement. Their guardianship is

thus an important mission of the SA.”

A number of articles which were obviously designed to serve as war

propaganda material have been translated, in other cases only the

titles, the titles themselves being so comprehensive that they disclose

the nature and substance of the articles. I should like to refer to a

few of these titles on this subject. They are shown on the English

translation of 3050-PS and they are listed on Page 1.

On the question of the Nazi Lebensraum philosophy: The issue of 5

January 1935, Page 13, the article “The German Living Space”; the issue

of 10 October 1936, Page 15, “Our Right, Our Colonies”; another, of 14

October 1938, Page 3, the title “Space and Folk”; “Colonies for

Germany,” 2 January 1937, Page 4. I should like to quote briefly from

that article. I believe that it is on Page 2 of the English translation,

3050-PS:

“The German Ambassador in London, Herr Von Ribbentrop recently,

on occasion of a reception in the Anglo-German Fellowship . . .

has renewed, in a speech which dealt with all problems from a

high level, the indubitable claim of Germany for the restitution

of its colonies which had been snatched away.

“Shortly thereafter the Reich Bank president and Reich Minister

of Economics, Dr. Schacht, published in the English magazine,

_Foreign Affairs_, a detailed article on the German colonial

problem.”

That is on Page 2, I believe, of the English translation.

“For the rest Dr. Schacht laid out the categorical demand that

Germany must, in order to solve the problem of its raw

materials, get colonies which must be administered by Germany

and in which the German standard currency must be in

circulation.”

Now, the next group are articles dealing with the Versailles Treaty, and

I will quote only from a few of them on Page 3 of that same translation.

Here is one of 7 April 1934, Page 14, “What is the Situation Regarding

Our Battle for Equal Rights?”. Another is entitled, “The Dictate of

Versailles,” 30 June 1934, Page 15. The article reads in part:

“The dictate of Versailles established the political,

economical, and financial destruction of Germany in 440

artfully—one could also say devilishly—devised paragraphs;

this work of ignominy is a sample of endless and partly

contradictory repetitions in constantly new forms. Not too many

have occupied themselves with this thick book to a great extent,

for one could only do it with abomination.”

Another title is 7 July 1934, Page 15, “The Unbearable Limitations on

our Fleet.” Another one: 19 January 1935, Page 13, “Versailles after 15

Years.” This article reads in part:

“This terrible word ‘Versailles’, since a blind nation ratified

it, has become a word of profanity for all those who are

infatuated with the spirit of this enormous production of

hatred. The Versailles dictate is German fate in the fullest

sense of the word. Every German bore up under the operation of

this fate during the past 15 years. Therefore, every last German

must also grasp the contents of this dictate so that one single

desire of its absolute destruction fills the whole German Volk.”

I shall omit the other quotation. The last one I shall refer to is

February 1937, quoting “Versailles Will Be Liquidated”; and that, if

Your Honor pleases, is the last paragraph on Page 4 of the English

translation:

“The National Socialist movement has again achieved a victory,

for upon its flag since the beginning of the fight stands: The

liquidation of the Versailles Treaty. For this fight the SA

marched year after year.”

A third group of articles describing preparations for war, purportedly

being carried on by other nations, are found on Page 5 of that same

document, and I shall refer to just a few of them:

The issue of January 26, 1935, Page 14, “Military Training of English

Youth,” showing pictures of Eton students wearing the traditional Eton

dress—tall hats and frock coats—marching with rifles; another one is

“The Army of the Soviet Union,” dated 16 March 1935, Page 14; another

one, 4 April 1936, Page 13, “The Red Danger in the East”; another one,

29 August 1936, Page 10, “Russia Prepared for World War”; another one,

19 June 1937, Page 7, “Red Terrorism Nailed Down.”

I shall pass the rest of them.

Now, the next is the SA participation in the aggressive war phase of the

conspiracy—the preparation by SA of the youth of Germany for

participation in aggressive warfare. I hardly think I need emphasize

that one of the most important steps in carrying out the conspiracy was

the training of the youth of Germany in the technique of war and their

preparation physically and spiritually for the waging of aggressive war.

To the SA was delegated this most important responsibility. I have here

Document Number 3215-PS, Exhibit Number USA-426, which I offer in

evidence; and it is an excerpt from _Das Archiv_ and contains Hitler’s

characterization of the task of the SA in this respect. It is on Page 1

of the English translation of 3215-PS. I start the reading where it

says:

“Already in 1920 by the founding of the National Socialist

Sports Section (SA) the Führer established the extensive mission

of this SA at that time by declaring in the protocol of its

charter. . . . ‘The Sports Section (SA) shall one day be the

bearer of the military thought of a free people.’”

In the same sense the Führer said in his book, _Mein Kampf_:

“Give the German nation 6 million bodies perfectly trained in

sport, all fanatically inspired with the love of the fatherland

and trained to the highest offensive spirit, and a national

state will, if necessary, have created an army out of them in

less than 2 years. . . .”

The military character of the SA is demonstrated by its organizational

composition. I refer to the chart on the wall, which is our Document

Number 2168-PS. It is taken from this book, being the pamphlet of the SA

Sturmführer; and the chart is taken from the official book. I simply

refer to the chart and call to the attention of Your Honor that it was

organized into units closely corresponding to those of the German Army.

As the Tribunal will see, the organizational scheme consisted of

divisions; at the top in that pyramidal structure the division, next the

brigade, the regiment, the battalion, the company, the platoon, and the

squad.

In addition, there were special units and branches, over to the right as

Your Honor will notice, including cavalry, signal corps, engineer corps,

and medical corps. There were also, as Bayer pointed out in his

pamphlet, three officer training schools. Similarly, SA members wore

distinctive uniforms adapted to military functions, bore arms, and

engaged in training, forced marches, and other military exercises.

SA members, moreover, were governed by general regulations which closely

resembled service regulations of an armed force. They are contained in

Document Number 2820-PS, Exhibit Number USA-427, which I offer in

evidence. If Your Honor pleases, they are found at Page 3 of the

translation. I will simply refer to a few of them. These regulations

provide for punishment, designating them as penal regulations, for

disobedience of orders and infractions of regulations. The punishments

which are provided demonstrate the militaristic character of the SA and

include the following: Reprimand in private; reprimand in presence of

superiors and announcement thereof at formations; prohibition of the

right to wear service uniform; house arrest, _et cetera_.

Preparation for war through the SA training program was commenced in

Germany as early as 1933, but the scope of this program was not made

public because of the fact that it actually constituted a violation of

the Treaty of Versailles. The strict secrecy with which the program was

surrounded is shown in Document D-44, Exhibit Number USA-428, which I

offer in evidence.

On Page 1 of the English translation—this is from the Supreme Command

of the SA, Chief of Staff—and it has to do with publications on the SA:

“Further to my instruction Z II 1351/33 dated 11 July 33, I find

cause to ask all SA authorities to exercise the greatest caution

with regard to any publicity given to the SA service not only in

the press but also in the information and news sheets of the

individual SA units.

“Only during the last few days the Reich Ministry of the

Interior at the request of the Foreign Office has given strict

instructions to all Reich authorities according to which the

most severe control is to be exercised on all publications which

might give other countries an occasion to construe German

infringements of the terms of the Versailles Treaty.

“As is known from the Geneva negotiations, our opponents have

piled up material, collected in Germany and submitted to them,

which they use against us on every occasion during the

conferences.

“From this point of view, the information sheets circulating

among the subordinate SA units cause the liveliest concern. I

hold all higher SA leaders responsible that any such internal

information sheets appearing in the district of their command

are submitted to the most stringent control before they go into

print; and I feel compelled to draw attention to the liability

to prosecution for treason, as pronounced in official

instructions issued in the last few days, in cases where such

reports, printed no doubt in good faith, are published and

therefore exposed to the danger of falling into the wrong hands.

“On principle, pictures of the special technical units of the SA

and SS, in particular of the motorized, signal, and possibly

also of the air squads which now exist outside these formations,

are forbidden, such pictures enabling other countries to prove

the alleged formation of technical troop units.”

Similarly, secrecy was provided for in the order assigning a Wehrmacht

officer to the SA in January 1934 to assist in the SA training program.

This Document, 2823-PS, Exhibit Number USA-429, which is a copy of a

memorandum of SA headquarters dated January 1934, designates an officer

of the Wehrmacht to assist in the military training of SA members, and

it goes on to provide—and I quote from Paragraph 7 of the English

translation:

“For the purpose of camouflage, Lieutenant Colonel Auleb will

wear SA uniform with the insignia of rank according to more

detailed regulations of the Supreme SA leader.”

The military training program of the SA was for many years conducted

under the guise of a sports program. This plan was created by Hitler as

early as 1920 by the founding of what he called the sports program. The

fact that the so-called sports program was in reality closely associated

with, and in fact a means of providing, military training for the German

youth is shown by the following characterization of the program by

Lutze, the Chief of Staff of the SA, in an article written in 1939. I

now refer to Document 3215-PS, Exhibit Number USA-426; and I quote

excerpts of the English translation on Page 2:

“The decrees issued by the Führer to the SA in 1935 about the

renewal, in 1936 regarding the bestowal of the diploma and in

1937 about the repetition of the yearly exercises of the SA

sport badge, all served this goal. Parallel to this decree of

the Führer for physical strengthening and military

indoctrination, adequate measures were taken within the SA,

regarding organization and drilling. Out of the idea that the

preservation and the advancement of the military power of our

people must be specially fostered by military and physical

exercises, resulted a particular and systematic training in

these fields.

“In 25 troop schools and in three Reichsführer schools of the SA

22,000 to 25,000 officers and noncommissioned officers were

trained yearly since 1934 in special educational courses until

they possessed the education and examination certificates. In

clearly outlined training directives, the training goals which

had to be achieved yearly were given and at the same time the

yearly Reich competitive contests were established. Hand in hand

the training of the Führer Corps and the corresponding

organizational measures and the training at the front proceeded

on the broadest basis.”

In connection with the military training of the sports program, I refer

to Document 2354-PS, Exhibit Number USA-430, which demonstrates the

tests and standards required for obtaining the sports award—Page 2 of

the English translation. I am not going to read all of it, if Your Honor

pleases, but just refer to a few of them:

“Group II: Military sports; 25-kilometer march with pack; firing

of small-caliber arms; aimed throwing of hand grenades,

200-meter cross-country race with gas masks over four obstacles;

swimming or bicycle riding; basic knowledge of first aid in case

of accidents.”

I will pass the others.

In 1939 the SA sports program was formally recognized in a decree issued

by Hitler as a military training program, and the SA was openly declared

to be an agency for pre- and post-military training, that is, for

military training prior to and following service in the Wehrmacht. I

have Document Number 2383-PS . . .

THE PRESIDENT: Colonel Storey, you have just drawn our attention to a

Document Number 3215-PS, which shows that from 1934 onwards, 25,000

officers and noncommissioned officers were trained by the SA.

COL. STOREY: Yes, Sir.

THE PRESIDENT: Isn’t that sufficient to show the military nature of the

organization?

COL. STOREY: I think so. This was just the decree of Hitler. May I just

refer to it by reference for the record? I will not read the decree.

THE PRESIDENT: Go on; what are you referring to?

COL. STOREY: Document 2383-PS, Page 11 of the English translation,

contains a copy of the decree legalizing the training program for pre-

and post-military training.

It would have been one thing for the SA to conduct a military training

program for its members, but the SA program was not confined to its

members. The entire youth of Germany was enlisted into a feverish

program of military training.

I refer to a quotation in Document 2354-PS from the same organization

book, which is at Page 2 of the English translation, in which the Chief

of Staff Lutze said, and I quote briefly:

“In order to give conscious expression to the fostering of a

valiant spirit in all parts of the German people, I further

decide that this SA sports badge can also be earned and worn by

persons who are not members of the movement insofar as they

comply racially and ideologically with the National Socialist

requirements.”

Document 2168-PS shows that responsibility for conducting this

nation-wide program was lodged in the operational main office of the SA.

Page 8 of the English translation says, and I quote:

“The latter has, on the basis of the SA sport badge, to prepare

a thorough physical training of the bodies of all Germans

capable of bearing arms. In order to reach this goal, it has to

organize body exercises and sporting advancement so that the

masses of the people will be included by it and will be kept fit

to bear arms until old age. This martial preparedness must not

be achieved only by physical and mental training but also with

regard to character and ideology.”

I pass from that phase now.

Document 3215-PS is an excerpt from Das Archiv, and I refer to Pages 2

to 3 of the English translation beginning at the bottom of Page 2, and I

quote:

“Next to the companies of the SA were the SA sport badge

associations, in which entered all the nationals who were

capable of bearing arms and who were prepared to voluntarily

answer the call of the SA for the preservation of military

proficiency. Up till now about 800,000 nationals outside the SA

could successfully undergo the physical betterment as well as

the political-military indoctrination of the SA on the basis of

the SA badge.”

The military program of the SA was not that of a mere marching and drill

society; it embraced every phase of the technique of modern warfare.

This is particularly demonstrated by consideration of the articles on

military training which appeared publicly throughout the issues of the

_SA-Mann_. I should like to refer to only a few of the titles, and they

are set out on Pages 8 and 10 of Document 3050-PS. It is a great, long

list, and I will only refer to five or six.

There is one of them, 17 February 1934, Page 7, “Pistol Shooting”; 21

April 1934, Page 13, “What Every SA Man Must Know about Aviation”; 19

May 1934, Page 13, “Chemical Warfare”; 2 June 1934, Page 14, “Modern

Battle Methods in the View of the SA Man”; 4 August 1934, Page 13, “The

Significance of Tanks and Motors in the Modern War.” I will omit

references to the remainder.

Similarly, the issues of the _SA-Mann_ contain many photographs and

articles demonstrating and portraying SA participation in military

exercises, including forced marching, battle maneuvers, obstacle runs,

small-caliber firing, and so on. I simply refer these to Your Honors,

and they are shown on Pages 11 to 13 of Document Number 3050-PS. Just

one or two titles: 24 August 1935, Page 2, “The SA Is and Remains the

Shock Troop of the Third Reich.” Here is one showing the connection with

the Wehrmacht: 2 September 1938, Page 1, “The SA and the Wehrmacht,”

with pictures of SA men on field maneuvers throwing hand grenades. I

will omit the rest of those.

Convincing evidence demonstrating the participation of the SA in the

conspiracy is found in the fact that care was taken at all times to

co-ordinate the military training of the SA with the requirements of the

Wehrmacht. This is shown by Document 2821-PS, Exhibit Number USA-431,

Page 1 of the English translation, quoting:

“Permanent liaison between the Reich Defense Ministry and the

Supreme Commander of the SA . . . has been assured.”

Another document, 3215-PS, which is an excerpt from _Das Archiv_, sets

forth the co-operation and collaboration with the Wehrmacht and

specialized military training; and it was stated in a speech of the

Chief of Staff of the SA, Document 3215-PS, Page 2 of the English

translation, Exhibit Number USA-426:

“In the course of this development also, special missions for

military training were placed on the SA. The Führer gave the SA

the cavalry and motor training and appointed SA

Obergruppenführer Litzmann as Reich Inspector with the mission

of securing the cavalry recruits and the requirements of the

German Wehrmacht through the SA. In close co-operation with

parts of the Wehrmacht, special certificates were created for

the communications, engineer, and medical units which, like the

cavalry certificate of the SA, are valued as a statement of

preference for employment in said units.”

Your Honor, we have two or three more quotations about co-operation with

the Wehrmacht, but I believe they would be cumulative, and I will omit

them. I will refer only to Document 2383-PS, Exhibit Number USA-410,

Page 11. I will read a portion of the decree:

“The Führer: In amplification of my decrees of 15 February 1935

and of 18 March 1937 regarding the acquisition of the SA sports

insignia and the yearly repetitive exercises, I elevate the SA

sports badge to the level of the SA military badge and make it a

basis for pre- and post-military training. I designate the SA as

the standard bearer of this training.”

I skip now to Page 48 for the record.

The specialized training given SA members, in accordance with the

requirements of the technical branches of the Wehrmacht, is described by

SA Sturmführer Bayer, in Document Number 2168-PS, Exhibit Number

USA-411; and it is Page 13 of the English translation:

“On one side, the young SA man who enters the Armed

Forces”—Wehrmacht—“from his branch comes prepared with a

multitude of prerequisites which facilitate and speed up

training in technical respect; while on the other side, those

very soldiers who, having served, return out of the Armed Forces

into the SA keep themselves, by constant practice, in a trained

condition physically and mentally and impart their knowledge to

their fellows.

“Thus they contribute a considerable portion to the enhancement

of the armed strength and fighting spirit of the German people.”

And then skipping down: “The SA each year is able to furnish many

thousands of young trained cavalrymen to our Wehrmacht.” I will omit the

rest of that.

I simply call attention now to an issue of the _SA-Mann_ dated 3

February 1939, at Page 3, which contains a photograph of Chief of Staff

Lutze addressing a group of SA men. This photograph bears the caption,

“We will be the Bridge between the Party and the Wehrmacht.”

The second reference shows a photograph of General Brauchitsch and Chief

of Staff Lutze reviewing an SA unit.

Now, I pass to Document 3214-PS, which is Exhibit Number USA-432. There

is only one page of it. Quoting:

“It was announced that SA men and Hitler Youths liable to

military service can fulfill their military duties in the SA

Regiment Feldherrnhalle, whose commander is General Field

Marshal, SA Obergruppenführer Göring. The regiment, for the

first time, was employed as Regiment of the Luftwaffe in the

occupation of the Sudetenland . . . under its leader and

regimental commander, SA Gruppenführer Reimann.”

THE PRESIDENT: Up to now you have brought evidence to our notice showing

that the SA was voluntary. This shows it was conscripted. When did it

become conscripted?

COL. STOREY: As I understand, Your Honor, if you joined the SA you got

out of conscription, but once you were in it they could use you as

desired. In other words, the SA was a voluntary organization.

THE PRESIDENT: That is the evidence you have given up to date.

COL. STOREY: Yes, Sir.

THE PRESIDENT: Well, when did it become liable to conscription or used

as a substitute for conscription?

COL. STOREY: If Your Honor pleases, may I ask Mr. Burdell to answer that

question? He has been working on it.

MR. CHARLES S. BURDELL (Assistant Trial Counsel for the United States):

If Your Honor pleases, there never was conscription in the SA. As this

document shows—Document 3214-PS—service in the Feldherrnhalle Regiment

of the SA took the place of conscription. This first sentence in

Document 3214-PS, which reads, “It was announced that SA men and Hitler

Youths liable to military service can fulfill their military

conscription in the SA Regiment Feldherrnhalle . . .” means, as I

understand it, that SA men who are conscripted, that is SA men who are

drafted after they have joined the SA, may serve their conscription by

remaining in the SA or by transferring to the Feldherrnhalle Regiment of

the SA.

The next paragraph of Document Number 3214-PS designates the

requirements that must be fulfilled before the SA man can join this

Feldherrnhalle Regiment, but if he fulfills those requirements he may

join that regiment, and having done so, that serves the purpose or

serves the function of conscription in the Wehrmacht.

I hope that answers Your Honor’s question.

COL. STOREY: In view of the above we would expect the SA to have been

used as a striking force in the first steps of the aggressive war

launched by Germany and as a basis for so-called commando groups, and

such was the case. SA units were among the first of the Nazi military

machine to invade Austria in the spring of 1938, as was proudly

announced in an article appearing in the _SA-Mann_ of 19 March 1938,

Page 10, the article entitled, “We Were There First.”

The SA participation in the occupation of the Sudetenland is also shown

by Document Number 3036-PS, Exhibit Number USA-102; and that is an

affidavit by Gottlob Berger, a former officeholder in the SS, who was

assigned to the Sudeten German Free Corps. I quote Paragraphs 1 and 2 of

the affidavit:

“1. In the fall of 1938 I held the rank and title of Oberführer

in the SS. In mid-September I was assigned as SS liaison officer

with Konrad Henlein’s Sudeten German Free Corps at their

headquarters in the castle at Donndorf outside Bayreuth. In this

position I was responsible for all liaison between the

Reichsführer SS Himmler and Henlein”—Your Honors will recall

Henlein was the leader in the Sudetenland—“and in particular, I

was delegated to select from the Sudeten Germans those who

appeared to be eligible for membership in the SS or VT

(Verfügungstruppe). In addition to myself, liaison officers

stationed with Henlein included an Obergruppenführer from the

NSKK, whose name I have forgotten, and SA Obergruppenführer Max

Jüttner, from the SA. In addition, Admiral Canaris, who was head

of the OKW Abwehr, appeared at Donndorf nearly every 2 days and

conferred with Henlein.”

Your Honors will recall that the Abwehr was the intelligence

organization.

“2. In the course of my official duties at Henlein’s

headquarters I became familiar with the composition and

activities of the Free Corps. Three groups were being formed

under Henlein’s direction: One in the Eisenstein area, Bavaria;

one in the Bayreuth area; one in the Dresden area; and possibly

a fourth in Silesia. These groups should be composed only of

refugees from the Sudetenland who had crossed the border into

Germany, but they actually contained Germans with previous

service in the SA and the NSKK (Nazi Motor Corps) as well. These

Germans formed the backbone of the Free Corps. On paper the Free

Corps had a strength of 40,000 men . . . . Part of the equipment

furnished to Henlein, mostly haversacks, cooking utensils, and

blankets, was supplied by the SA.”

The adaptability of the SA to whatever purpose was required of it is

demonstrated by its activities subsequent to the outbreak of the war.

During the war the SA continued to carry out its military training

program, but it also engaged in other functions. Its wartime activities

are set out in Document 3219-PS, which is Exhibit Number USA-433, and

Document 3216-PS, Exhibit Number USA-434, which are excerpts from _Das

Archiv_.

I quote first, briefly, from Document 3219-PS, the whole text exclusive

of the heading:

“The Chief of Staff of the SA, Wilhelm Schepmann, gave further

orders to increase the employment of the SA in the homeland war

territories, according to the requirements of total war. This

was done in numerous business conferences with leaders of the SA

divisions.

“As a result of these conferences as well as of measures already

carried out earlier for the totalization of the war employment,

the SA has placed 86 percent of its professional leader corps at

the disposal of the front, even though the war missions of the

SA have increased in the fields of pre-military training, the SA

penetration into new territorial parts of the Reich, the air-war

employment, the city and country guard, _et cetera_, during

wartime.

“The SA as a whole has given at present 70 percent of its

millions of members to the Wehrmacht.”

I call attention of Your Honors to the statement of the membership of

August 26, 1944. I quote briefly from Document Number 3216-PS, the

English translation, just one sentence:

“By command of the Chief of Staff of the SA, the SA unit

‘General Government’ was established, the command of which was

taken over by Governor General, SA Obergruppenführer Dr. Frank.”

I next offer in evidence an affidavit, being Document Number 3232-PS,

Exhibit Number USA-435, by Walter Schellenberg:

“From the beginning of 1944 on, the SA also participated in many

of the functions which had previously been entrusted only to the

SS, the Sipo, and Army—for instance, the guarding of

concentration camps, of prisoner-of-war camps, supervision of

forced laborers in Germany and occupied areas. This co-operation

of the SA was planned and arranged for by high officials in

Berlin as early as the middle of 1943.”

This concludes my presentation of the principal points of evidence

concerning the participation of the SA in the conspiracy, but before I

conclude, I should like to present to the Tribunal a few points which

establish the participation in the conspiracy by Defendant Göring in his

capacity as an SA member or leader.

In 1923 Göring became commander of the entire SA. This is shown in the

pamphlet, _The SA_, which is already in evidence, and the notation

concerning Göring’s command appears at Page 2 of the translation, which

I do not intend to quote but simply refer to.

Göring’s intention to employ the SA as a terroristic force to destroy

political opponents is shown by a speech made by him on 3 March 1933, at

a Nazi demonstration in Frankfurt. It is Document Number 1856-PS,

Exhibit Number USA-437. It is an excerpt from a book entitled, _Hermann

Göring, Speeches and Essays_. I quote what Göring said:

“Certainly I shall use the power of the State and the police to

the utmost, my dear Communists, so you won’t draw any false

conclusions; but the struggle to the death, in which my fist

will grasp your necks, I shall lead with those down there who

are the Brown Shirts.”

The importance of the SA under Göring in the early stages of the Nazi

movement is shown by Document Number 3259-PS, Exhibit USA-424; and it is

an English translation from the same document book. This is a letter

written to Göring by Hitler, and I quote the letter:

“My dear Göring:

“When in November 1923, the Party tried for the first time to

conquer the power of the State, you, as commander of the SA,

created within an extraordinarily short time that instrument

with which I could dare that struggle. Most pressing necessity

had forced us to act, but by a wise providence at that time we

were denied success. After receiving a grave wound, you again

entered the ranks as soon as circumstances permitted as my most

loyal comrade in the battle for power. You contributed

essentially to creating the basis for the 30th of January.

Therefore, at the end of the year of the National Socialist

revolution, I desire to thank you wholeheartedly, my dear Party

comrade Göring, for the great services you have rendered to the

National Socialist revolution and consequently to the German

people.

“In cordial friendship and grateful appreciation, yours, Adolf

Hitler.”

Although Göring did not retain command of the SA, he at all times

maintained close affiliation with the organization. This is shown by the

photographs of Göring participating in the activities which I have

already introduced in evidence. Similarly, in 1937 Göring became the

commander of the Feldherrnhalle Regiment of the SA. The Tribunal will

recall, also, my reference to the participation of that regiment in the

occupation of the Sudetenland.

Now, finally, the evidence considered in the foregoing sections of this

brief demonstrates the participation of the SA as an organization in the

conspiracy alleged in Count One. Thus, the SA was first employed by the

conspirators to destroy, by force and brutality, all opponents of

National Socialism and to gain possession of the streets. Thereafter,

upon the seizure of control by the NSDAP, the SA was used to consolidate

and to strengthen Nazi power, and cruelly to persecute and destroy all

so-called “enemies of the state,” including Jewry and the Church. During

the period from 1934 to 1939, the SA was employed for the actual

preparation and training of the German people for war and participated

in aggressive warfare.

The SA was at all times employed by the conspirators to promote and

disseminate the ideology of the Nazi Government throughout Germany, and

particularly, to perform the function of disseminating anti-Jewish

propaganda and creating and fostering a militaristic and warlike spirit

among the people of Germany.

Thus, at all times during the course of its existence, the functions of

the SA corresponded to, and were designated to promote, the progression

of the conspiracy through its various phases; and the conclusion, we

think, is irresistible, that the SA was an organization devoted

exclusively to the task of assisting the defendants and their

co-conspirators in carrying out the objectives in the conspiracy.

Thus, in this sense, SA, as well as its members, were in fact

co-conspirators and participants in a conspiracy which contemplated and

involved Crimes against the Peace and Crimes against Humanity and War

Crimes.

That concludes the presentation of the SA, Your Honor, and the next is

the SS, by Major Farr.

Do Your Honors want to go ahead with that now?

THE PRESIDENT: Perhaps we had better adjourn then, until 2 o’clock.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

MAJOR WARREN F. FARR (Assistant Trial Counsel for the United States):

May it please the Tribunal, the next organization to be dealt with is

the SS. The document books in this case are lettered “Z.” For

convenience in handling the book because of the bulk of documents, we

have divided them into two volumes. I shall in referring to a document

number refer to the volume in which that document appears.

About a week or 10 days ago there appeared in a newspaper circulated in

Nuremberg, an account of a visit by that paper’s correspondent to a camp

in which SS prisoners of war were confined. The thing which particularly

struck the correspondent was the one question asked by the SS prisoners.

Why are we charged as war criminals? What have we done except our normal

duty?

The evidence now to be presented to the Tribunal will, we expect, answer

that question. It will show that just as the Nazi Party was the very

heart—the core—of the conspiracy, so the SS was the very essence of

Nazism. For the SS was the elite group of the Party, composed of the

most thorough-going adherents of the Nazi cause, pledged to blind

devotion to Nazi principles, and prepared to carry them out without any

question and—at any cost—a group in which every ordinary value has

been so subverted that its members can ask, “What is there unlawful

about the things we have done?”

During the past weeks the Tribunal has heard evidence of the

conspirators’ criminal program for aggressive war, for concentration

camps, for the extermination of the Jews, for enslavement of foreign

labor and illegal use of prisoners of war, for deportation and

Germanization of inhabitants of conquered territories. Through all this

evidence the name of the SS ran like a thread. Again and again that

organization and its components were referred to. It is my purpose to

show why it performed a responsible role in every one of these criminal

activities, why it was—and, indeed, had to be—a criminal organization.

The creation and development of such an organization was, indeed,

essential for the execution of the conspirators’ plans. Their sweeping

program and the measures they were prepared to use, and did use, could

be fully accomplished neither through the machinery of the Government

nor of the Party. Things had to be done for which no agency of

Government and no political party, even the Nazi Party, would openly

take full responsibility. A specialized type of apparatus was needed, an

apparatus which was to some extent connected with the Government and

given official support but which, at the same time, could maintain a

quasi-independent status, so that all its acts could be attributed

neither to the Government nor to the Party as a whole. The SS was that

apparatus.

Like the SA, it was one of the seven components or formations of the

Nazi Party referred to in the “Decree on the Enforcement of the Law for

Securing the Unity of Party and State” of 29 March 1935, published in

the _Reichsgesetzblatt_ for that year, Part I, Page 503. That decree

will be found in our Document 1725-PS. I shall not read it. I assume

that the Court will take judicial notice of it. The status of the SS,

however, was above that of the other formations. As the plans of the

conspirators progressed, it acquired new functions, new

responsibilities, and an increasingly more important place in the

regime. It developed during the course of the conspiracy into a highly

complex machine, the most powerful in the Nazi State, spreading its

tentacles into every field of Nazi activity.

The evidence which I shall present will be directed, first, towards

showing very briefly the origin and early development of the SS; second,

how it was organized, that is, its structure and its component parts;

third, the basic principles governing the selection of its members and

the obligations they undertook; and finally, its aims and the means used

to accomplish them, the manner in which it carried out the purposes of

the conspirators, and thus is a responsible participant in the crimes

alleged in the Indictment.

The history, organization, and publicly announced functions of the SS

are not controversial matters. They are not matters to be learned only

from secret files and captured documents. They were recounted in many

publications circulated widely throughout Germany and the world,

official books of the Nazi Party itself and books, pamphlets, and

speeches by SS and State officials published with SS and Party approval.

Throughout the presentation of the case I shall frequently refer to five

or six such publications, translations of which—in whole or in

part—appear in the document books. Although I shall quote portions of

them, I shall not attempt to read them all in full, since I assume that

the contents of such authoritative publications may be judicially

noticed by the Tribunal.

Now to take up the origin of the SS. The first aim of the

conspirators—as the evidence already presented to the Court has

shown—was to gain a foothold in politically hostile territory, to

acquire mastery of the streets, and to combat any and all opponents with

force. For that purpose they needed their own private, personal police

organization. Evidence has just been introduced in the case against the

SA, showing how that organization was created to fill such a role. But

the SA was outlawed in 1923. When Nazi Party activity was again resumed

in 1925, the SA remained outlawed. To fill its place and to play the

part of Hitler’s own personal police, small mobile groups known as

protective squadrons (Schutzstaffeln) were created. This was the origin

of the SS in 1925. With the reinstatement of the SA in 1926, the SS for

the next few years ceased to play a major role. But it continued to

exist as an organization within the SA, under its own leader, however,

the Reichsführer SS. This early history of the SS is related in two of

the authoritative publications to which I have referred: The first is a

book by SS Standartenführer Gunter d’Alquen, entitled _Die SS_. This

book, a pamphlet of some 30 pages, is an authoritative account of the

history, mission, and organization of the SS, published in 1939. As

indicated on its frontispiece, it was written at the direction of the

Reichsführer SS, Heinrich Himmler. Its author, SS Standartenführer

Gunter d’Alquen was the editor of the official SS publication _Das

Schwarze Korps_. This book is our Document Number 2284-PS. I offer it in

evidence as Exhibit Number USA-438. The passage to which I refer will be

found on Pages 6 and 7 of the original and on Page 1 of the translation.

I shall not now read that passage.

The second publication is an article by Himmler entitled, “Organization

and Obligations of the SS and the Police.” It was published in 1937 in a

booklet containing a series of speeches or essays by important officials

of the Party and the State—known as _National Political Course for the

Armed Forces from 15 to 23 January 1937_. The article by Himmler, to

which I refer, appears on Pages 137-161 of that pamphlet. Large extracts

from it make up our Document Number 1992(a)-PS. I offer the essay by

Himmler as Exhibit Number USA-439. The passage to which I referred

appears on Page 137 of the original and Page 1 of the translation, our

Document 1992(a)-PS. I shall have occasion to quote from both these

publications, but with respect to this matter of history, I assume that

these references to the pertinent passages in them are enough.

As early as 1929 the conspirators recognized that their plans required

an organization in which the main principles of the Nazi system,

specifically the racial principles, would not only be jealously guarded

but would be carried to such extreme as to inspire or intimidate the

rest of the population—an organization in which, also, there would be

assured complete freedom on the part of the leaders and blind obedience

on the part of the members. The SS was built up to meet this need. I

quote from D’Alquen’s book, _Die SS_, at Page 7; this passage appears in

our Document Number 2284-PS at Page 4 of the translation, Paragraph 4:

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 04 · 第 7 / 17 章