VON SCHIRACH: The order for the defense of Vienna originated with

Hitler. The defense of Vienna was a matter for the military authorities,

that is, the commandant of the city of Vienna, the military commander

who was in charge of the 6th SS Panzer Division....

DR. SAUTER: What was his name?

VON SCHIRACH: Sepp Dietrich, and the officer commanding the Army Group

South, Generaloberst Rendulic.

DR. SAUTER: Did they give the orders?

VON SCHIRACH: In carrying out the order which Hitler had given them

regarding the defense of Vienna, they defended Vienna.

DR. SAUTER: What orders did you, Witness, give your subordinates in this

connection?

VON SCHIRACH: For the defense of Vienna I gave only such orders as

related to the Volkssturm, or those dealing with the food supply of the

city and similar matters with which I was charged. I personally had

nothing to do with the actual defense of the city. For even the work of

destruction which was necessary in the course of the military defense of

the city is to be traced back to orders which originated from the

Führer’s headquarters and had been transmitted to the officer commanding

the Army group, and to the city commandant.

DR. SAUTER: My second question, Witness: In your cross-examination you

were questioned about Document 3763-PS. This is a document which deals

with the songs of youth, into which the Prosecution seems to read a

different attitude from the one you set forth. Do you wish to supplement

your testimony on this point?

VON SCHIRACH: Yes, I must supplement it briefly.

DR. SAUTER: Please do.

VON SCHIRACH: The Prosecution accuses me concerning a certain song, a

song which begins, “We are the black swarms of Geyer, hey, ho”; the

chorus of which goes, “Spear them, spike them, put the red cock on the

cloister roof,” and one verse runs, “We will cry to Him on high that we

want to kill the priest.”

This is a Christian song.

DR. SAUTER: How is that?

VON SCHIRACH: This can be seen in the fourth and fifth verses. It is the

song of the Protestant peasants under the leadership of Florian Geyer.

The fourth verse goes: “No castle, abbey, and monastery matters. Nothing

but the Holy Scripture is of value to us.” The next verse goes: “We want

the same law from prince down to peasant.”

Protestantism, too, was once a revolution. The rebel peasants sang this

song; and it may serve as an example, this song of the 16th century,

like some of the songs of the French revolution. This song may be used

as an example to show how, in the beginning, revolutions are radical

rather than tolerant.

DR. SAUTER: Mr. President, with this point I should like to conclude my

direct examination of the Defendant Von Schirach. Thank you very much. I

have no further questions.

THE PRESIDENT: Who were your principal assistants in your office at

Vienna?

VON SCHIRACH: First of all, the chief of my Central Office, Hoepken;

secondly, the Regierungspräsident Dr. Dellbrügge; thirdly, the Mayor,

Blaschke; and fourthly, the Deputy Gauleiter, Scharizer. They were my

chief collaborators.

THE PRESIDENT: That makes four, does it?

VON SCHIRACH: Yes.

THE PRESIDENT: And did they occupy the whole of their time working for

you in your office?

VON SCHIRACH: Not all of them. The Deputy Gauleiter had already been

functioning under my predecessor, Bürckel. Mayor Blaschke, as far as I

recall, first became mayor in 1943. His predecessor as mayor was a Herr

Jung. The District President, Dr. Dellbrügge, assumed his office in

1940, after my arrival in Vienna. He was sent to me from the Reich.

THE PRESIDENT: Well then, from the time that you took over the office in

Vienna these four men were working for you, is that right?

VON SCHIRACH: Yes. I should like to mention also that the head of the

Central Office, Hoepken, was first of all active under me as adjutant

and assumed his position as chief only when the former chief of this

office, Obergebietsführer Müller, lost his life in an air raid.

THE PRESIDENT: Which of the four was it who initialed those weekly

reports which were received in your office?

VON SCHIRACH: That was the District President, Dr. Dellbrügge.

THE PRESIDENT: Dellbrügge?

VON SCHIRACH: Yes.

THE PRESIDENT: And at the time that he received them he was working in

your office as one of your principal assistants?

VON SCHIRACH: He was my deputy in the State Administration.

THE PRESIDENT: That was your office?

VON SCHIRACH: That was one of my offices.

THE PRESIDENT: Yes, one department in your office?

VON SCHIRACH: Yes. May I add, by way of explanation, that there were

various branches: The State Administration, the Municipal

Administration, the Party Management and the Reich Defense Commissariat.

The Reich Defense Commissariat and the State Administration were

combined as far as their representation was concerned. Everything was

co-ordinated in the Central Office.

THE PRESIDENT: Well, in which department was this principal assistant

who initialed these documents? Which department was he head of?

VON SCHIRACH: He held a key position in the office of the

Reichsstatthalter as Chief of the State Administration.

THE PRESIDENT: Civil administration?

VON SCHIRACH: Yes, Civil State Administration.

THE PRESIDENT: Was he the Deputy Reich Defense Commissioner?

VON SCHIRACH: Yes.

THE PRESIDENT: And you were the Reich Defense Commissioner for the

Military District Number XVII, were you not?

VON SCHIRACH: Yes.

THE PRESIDENT: And he was your deputy in that military district?

VON SCHIRACH: Yes.

THE PRESIDENT: He received and initialed those reports in that office,

did he not?

VON SCHIRACH: Yes.

THE PRESIDENT: The defendant can return to the dock.

[_The Defendant Von Schirach left the stand._]

DR. SAUTER: Mr. President, with your permission I should like to call to

the witness box the witness Lauterbacher.

[_The witness Lauterbacher took the stand._]

THE PRESIDENT: Will you state your full name?

HARTMANN LAUTERBACHER (Witness): Hartmann Lauterbacher.

THE PRESIDENT: Is that your full name?

LAUTERBACHER: Lauterbacher.

THE PRESIDENT: Will you repeat this oath after me: I swear by God—the

Almighty and Omniscient—that I will speak the pure truth—and will

withhold and add nothing.

[_The witness repeated the oath._]

THE PRESIDENT: Will you sit down.

DR. SAUTER: Herr Lauterbacher, I have already discussed this matter with

you in the prison; is that right?

LAUTERBACHER: Yes.

DR. SAUTER: Please pause after each question before you answer so that

the interpreters may keep up.

LAUTERBACHER: Yes.

DR. SAUTER: When were you born?

LAUTERBACHER: On 24 May 1909.

DR. SAUTER: 1909?

LAUTERBACHER: Yes, 1909.

DR. SAUTER: Are you married?

LAUTERBACHER: Yes.

DR. SAUTER: You have three children?

LAUTERBACHER: Yes.

DR. SAUTER: What is your profession?

LAUTERBACHER: Druggist.

DR. SAUTER: Retail druggist?

LAUTERBACHER: Yes.

DR. SAUTER: You are in an American prison?

LAUTERBACHER: In an English prison.

DR. SAUTER: Since when?

LAUTERBACHER: Since 29 May 1945.

DR. SAUTER: Have you been interrogated by the Prosecution on this

matter?

LAUTERBACHER: No.

DR. SAUTER: When did you become an official, that is to say, a paid

employee of the Hitler Youth?

LAUTERBACHER: I became a paid employee of the Hitler Youth when

appointed District Leader (Gebietsführer) of the Westphalia-Lower Rhine

area.

DR. SAUTER: And when was that?

LAUTERBACHER: In April 1932:

DR. SAUTER: April 1932. That was at the age of 23?

LAUTERBACHER: Yes, at the age of 23.

DR. SAUTER: Before then had you been a member of the HJ?

LAUTERBACHER: Yes. I was...

DR. SAUTER: Slowly, please, and always wait until the question has been

completed before you answer.

LAUTERBACHER: Yes.

DR. SAUTER: I was asking you if you were already a member of the Hitler

Youth when you took up your paid appointment in the year 1932.

LAUTERBACHER: Yes. When I was 13 years old, in the year 1922, I joined

what was then known as the National Socialist Youth Organization. Then,

when I was 18 years old, in the year 1927, I accepted the duties of an

Unterführer in my home province of the Tyrol...

DR. SAUTER: And officially you were...

LAUTERBACHER: ...then I worked in an honorary capacity in Brunswick from

1929 until 1932; and later on I had a paid appointment.

DR. SAUTER: That is to say from 1932?

LAUTERBACHER: Yes.

DR. SAUTER: What was your status in the year 1932? What position did you

get then?

LAUTERBACHER: In the year 1932 I was entrusted with the leadership of

the area then known as Westphalia-Lower Rhine.

DR. SAUTER: When were you assigned to the Defendant Von Schirach?

LAUTERBACHER: On 22 May 1934.

DR. SAUTER: What was your position under him?

LAUTERBACHER: Stabsführer.

DR. SAUTER: How long did you remain a Stabsführer?

LAUTERBACHER: Until August 1940.

DR. SAUTER: I suppose until the time he resigned his office as Reich

Youth Leader?

LAUTERBACHER: Yes.

DR. SAUTER: When you took up your paid appointment with the HJ, had you

already served with the Army?

LAUTERBACHER: No.

DR. SAUTER: Then you had not been an officer?

LAUTERBACHER: No.

DR. SAUTER: You told us, I believe, that since 1934 you had been

Stabsführer of the Reich Youth Leadership. What tasks did the

Stabsführer of the Reich Youth Leadership have? Please tell us briefly,

so we may have an idea of what your jurisdiction was.

LAUTERBACHER: As the title of Stabsführer indicates, I was in the first

place the chief of the staff of the Reich Youth Leadership. As such, I

had the task of dealing with the general directives of the Reich Youth

Leader, particularly those concerning the Hitler Youth offices and

regions insofar as the Youth Leader did not do that himself. I had to

co-ordinate the various departments of the Reich Youth Leadership and in

particular to deal with matters of an organizational and personal

nature.

Furthermore, in the years 1935 to 1939 I made a number of journeys

abroad at Von Schirach’s request.

DR. SAUTER: Who was the deputy of the Reich Youth Leader when he could

not act personally?

LAUTERBACHER: I was his deputy on occasions when he was prevented from

acting personally.

DR. SAUTER: Then apparently you were the first man in the Reich Youth

Leadership after Schirach?

LAUTERBACHER: Yes.

DR. SAUTER: Were your relations with Von Schirach purely official, or

were you friends as well?

LAUTERBACHER: Our association was not limited only to official matters;

we were also personal friends, and so our personal relationship was not

interrupted by Schirach’s appointment in Vienna.

DR. SAUTER: Do you believe, Herr Lauterbacher—regarding this friendly

relationship that you had with Von Schirach—that he concealed certain

things from you; or are you of the conviction that so far as official

matters were concerned he had no secrets from you?

LAUTERBACHER: I always have been, and still am today, convinced of the

fact that Von Schirach made all his intentions and educational measures

known to me.

DR. SAUTER: So he kept nothing from you?

LAUTERBACHER: No, he kept nothing from me. If Schirach had discussions

with Adolf Hitler during the earlier years he always informed me

immediately afterwards.

DR. SAUTER: Witness, in the year 1939 the second World War broke out.

Did the Defendant Von Schirach, in the last few years prior to the

outbreak of the World War, have any discussions with you in which he

expressed the view that youth should be educated for war—in other

words—that in educating youth the necessities and requirements of

future war must be taken into account? What transpired on this point

between you and Von Schirach before the war?

LAUTERBACHER: The possibility of war was never discussed. Occasionally I

attended Party rallies in the company of Von Schirach; and on these

occasions, when Adolf Hitler delivered a speech, I only—on the occasion

of these rallies I had the definite and unalterable impression that

Adolf Hitler and the National Socialist Reich were determined to

maintain peace and to allow matters to follow a peaceful course. That is

why it never occurred to me that youth should be trained specifically

for war.

DR. SAUTER: Witness, in your capacity as Stabsführer of the Reich Youth

Leadership, did you have any knowledge about the mail as a whole which

either came to Schirach or was dispatched by him?

LAUTERBACHER: I always saw all the official mail.

DR. SAUTER: In the mail which reached Schirach in his office, did you

see anything about directives for the Reich Youth Leadership received

from Hitler, from the Party leadership, from the OKW, or from any other

agency, either State or Party, regarding the preparations for war?

LAUTERBACHER: No, neither open nor camouflaged.

DR. SAUTER: Witness, we have already heard about the main functions of

youth education in the course of the last few days. I do not believe,

Mr. President, that I need go into these subjects in detail. The witness

is the person best qualified to give us information, but I think I may

take the subject of youth education as clarified.

THE PRESIDENT: I think so. I think the facts about it have been

sufficiently stated.

DR. SAUTER: Thank you. Then I can pass on to another subject

immediately.

[_Turning to the witness._] You said that you had not been a soldier.

Did not Schirach attach importance to the inclusion among his

collaborators of a certain number of officers, or at least of men who

had served their term of military service and who might be enrolled as

instructors? Please be brief.

LAUTERBACHER: No, at first, that is, during the early years of the

period of development, Von Schirach rejected officers as youth leaders

on ideological and educational grounds. The aim and mission of the

Hitler Youth were those of a socialist community and of a socialist

state; and the old type of officer of the period, the representative of

a reactionary epoch, would have been absolutely incompatible.

DR. SAUTER: Absolutely incompatible? Do you mean with the...

LAUTERBACHER: With the principles of education which Schirach had laid

down for the Hitler Youth.

DR. SAUTER: Witness, have you any idea whether Schirach always rejected

the proposal, or to put it the other way round, do you know whether he

agreed when any military authorities tried to influence the character of

the Youth Leadership? Perhaps you could also answer this point briefly.

LAUTERBACHER: Even in 1933 attempts were made to introduce officers into

the Hitler Youth as leaders. As far as my information goes, two officers

had been given appointments in the Hitler Youth before my period of

office as Stabsführer, under more or less direct orders from Hitler.

They were entirely unable to cope with youth as such; and I think I am

justified in saying that their appearance was a complete failure.

DR. SAUTER: What happened to them?

LAUTERBACHER: Schirach went to Adolf Hitler and succeeded in having

these gentlemen dismissed; also through him, a directive was drawn up by

Hitler which said that officers were not to hold positions in the Hitler

Youth.

DR. SAUTER: Were no further attempts of the kind made to force officers

from somewhere or other upon him?

LAUTERBACHER: Oh, yes. In 1936 and 1937, and then again in 1938,

attempts were made to influence the education of the Hitler Youth

through so-called liaison officers. But these attempts also failed; and

up to the very end there were no officers working with the Hitler Youth

who were responsible to any other authority except Schirach, apart from

former Hitler Youth leaders who had served in the Army and received

officers’ commissions.

DR. SAUTER: If I understand you correctly, Witness, you wish to say—and

please confirm whether I have understood you correctly—that Schirach

rejected these attempts. Is that correct?

LAUTERBACHER: Yes.

DR. SAUTER: Witness, why did the Hitler Youth wear uniform—the girls as

well?

LAUTERBACHER: Uniform is perhaps not quite the correct term for the

clothing worn by the members of the Hitler Youth. It was more in the

nature of a national costume which was worn by members of youth

organizations before the existence of the Hitler Youth, not only in

Germany but in other countries as well. Moreover, Schirach was anxious

that all boys and girls should, as he expressed himself, wear the dress

of the socialist community.

DR. SAUTER: Of the socialist community. Does that mean a community of

all—of all the boys and girls of every class of German society without

any distinction?

LAUTERBACHER: Without any distinction as to descent or creed or anything

else.

DR. SAUTER: Or rich or poor?

LAUTERBACHER: Yes.

DR. SAUTER: Were the Hitler Youth in possession of weapons and were they

trained in the use of military weapons? You must know that.

LAUTERBACHER: No, they were not trained in the use of military weapons

during the period in which Schirach and I held office.

DR. SAUTER: Did the Hitler Youth have, in particular, tanks, armored

cars, and so forth, since reference was made to the training of the

young men in the so-called “motorized Hitler Youth” in connection with

the question of the special unit (Sonderformation)—tanks, armored cars?

LAUTERBACHER: No, to my knowledge the Hitler Youth never received any

training in armored cars, tanks, or anything of the kind, even after

Schirach’s term of office. At any rate...

THE PRESIDENT: Dr. Sauter, the facts stated by the defendant as to the

weapons of the Hitler Youth and their formations were not

cross-examined. You need not go into that. Mr. Dodd did not suggest that

they had tanks.

DR. SAUTER: Thank you, Mr. President. Then I can perhaps be more brief.

I now come, Herr Lauterbacher, to the Defendant Von Schirach’s attitude

toward the Jewish question. Was the Hitler Youth involved in any way in

the Jewish pogroms of November 1938?

LAUTERBACHER: I think I can answer your question with a definite “no.”

DR. SAUTER: Herr Lauterbacher, you told me something about a speech made

by the Defendant Von Schirach a few days after 9 November 1938, on the

subject of these Jewish pogroms. Tell me when and to whom he delivered

this speech and what the contents of the speech were.

LAUTERBACHER: Von Schirach was in Munich on 10 November 1938 and I was

in Berlin. Schirach instructed me by telephone to tell the district

leaders of the Hitler Youth that their organizations were in no

circumstances to take part in these anti-Jewish demonstrations, and to

call a meeting of all these leaders to hear a specific declaration on

this point. This meeting took place about 15 November 1938.

DR. SAUTER: Where?

LAUTERBACHER: In Berlin. Schirach asked these district leaders to report

to him and expressed his satisfaction at having in the meantime received

reports to the effect that the Hitler Youth had not been involved in

these excesses. He then described the said excesses in his speech. I

still remember this speech extraordinarily well, for it was particularly

impressive. He described these pogroms as a disgrace to our culture and

as amounting to self-defamation. He said that such things might be

expected of an uncivilized people but not of the German people. He went

on to say that we had antagonized not only the world in general but also

all decent people in Germany itself by these demonstrations. He was

afraid that serious political difficulties would arise at home, as well

as difficulties within the Party itself. As we know, the Party was not

at all unanimous in its judgment of these happenings. A very large

section of the Party members and of the Party leadership condemned these

excesses.

DR. SAUTER: Please tell us more of what Schirach said at that time. I

should be more interested in that.

LAUTERBACHER: Von Schirach then gave the Youth Leadership special

instructions to keep out of demonstrations of this or a similar kind in

the future, no matter what the circumstances might be, and condemned

every use of violence on educational grounds alone. He concluded the

proceedings by prohibiting the reading of the newspaper _Der Stürmer_ by

the Hitler Youth at club evenings or on any other occasions.

DR. SAUTER: On this occasion, Herr Lauterbacher, did he say anything

about the needless destruction of so many cultural treasures, art

treasures, property belonging to the people, _et cetera_, and did he not

give certain instances of this?

LAUTERBACHER: Yes. As an especially glaring instance, he quoted the case

of the attempt, which was at least partially carried through, to loot

the Jewish firm of Bernheimer, art dealers in Munich.

DR. SAUTER: Munich?

LAUTERBACHER: Yes. He quoted this example to the Youth Leadership to

illustrate the dangerous and irreparable inroads made on the reservoir

of our culture and our cultural treasures by these demonstrations.

DR. SAUTER: Is it true that immediately after this Berlin speech about

which you have just told us, the Defendant Von Schirach caused definite

directives to be issued by telephone from Berlin, through your agency,

to the individual Hitler Youth offices?

LAUTERBACHER: This took place as early as 10 November, the day after the

Munich meeting. It had nothing to do with the district leaders’ meeting,

which only took place about 15 November.

DR. SAUTER: Herr Lauterbacher, I assume that, as time went on, you were

present at a good many speeches made by the Defendant Von Schirach to

his subleaders, or to the Hitler Youth, and that you listened to many of

these speeches yourself. Did the Defendant Von Schirach engage in

Jew-baiting on these or other occasions? Did he suggest that violence be

used against the Jews? What was his attitude?

LAUTERBACHER: Yes; I must have listened to all the important speeches

delivered by Von Schirach before the Leadership Corps of the Hitler

Youth, and on the occasion of these speeches I never heard him urge the

use of violence, which would in any case have been completely foreign to

his nature. At any rate, I cannot recall that Von Schirach ever called

upon the Youth Leadership, either directly or indirectly, to take part

in acts of violence of any kind against anyone.

DR. SAUTER: What did Schirach usually talk about in delivering one of

his many speeches addressed to youth? Just the main topic, briefly.

LAUTERBACHER: One must certainly differentiate between the long speeches

which he delivered at public demonstrations and the speeches which he

made before the leaders of the Hitler Youth.

In the speeches he addressed to the leaders he always discussed the main

political and ideological tasks and the tasks of social policy, cultural

policy, and professional training which he had assigned to the Hitler

Youth.

DR. SAUTER: Now, we shall turn to a different topic, Herr Lauterbacher.

Did Schirach cause you to leave the Church?

LAUTERBACHER: No.

DR. SAUTER: Did you leave the Church?

LAUTERBACHER: I do not believe that Herr Von Schirach even knew to what

religious denomination I belonged or whether I left the Church or not. I

left the Church in 1937 or 1938, without being influenced or forced to

do so by anyone.

DR. SAUTER: Did Von Schirach urge his other collaborators to leave the

Church, as far as you know?

LAUTERBACHER: No.

DR. SAUTER: Did Schirach abuse Christianity or incite others to attack

it on the occasion of the numerous speeches made by him, to which you

have just told us that you listened?

LAUTERBACHER: On those occasions Schirach always told the youth to

respect religious convictions, and characterized atheism as an evil, not

only once but many times. In his speeches, Von Schirach vigorously

criticized, for instance, the athletic clubs existing both before and

after 1933 in connection with the various churches and demanded the

unity of youth; but on these occasions he did not attack Christianity or

the religious convictions of others either in public or in private.

DR. SAUTER: Herr Lauterbacher, during the time the Defendant Von

Schirach was Reich Youth Leader, negotiations were pending with the

Roman Catholic Church with a view to concluding a concordat, so that

relations between the State and the Church would be regulated by an

agreement. Do you know whether Von Schirach took part in these concordat

negotiations and whether he took much trouble to effect an understanding

with the Church on a basis satisfactory to both sides?

LAUTERBACHER: Yes. In 1933 and 1934 Schirach had numerous discussions

with representatives of the Church, Reich Bishop Müller of the

Protestant Church and the representative of the Fulda Conference of

Bishops, Bishop Berning of Osnabrück. I remember that Schirach strove to

draw a dividing line between their respective powers and jurisdiction on

some such basis as: “Render unto Caesar the things which are Caesar’s

and unto God the things which are God’s.”

DR. SAUTER: I have another question, Witness: Do you know whether Von

Schirach actually tried to bring about an understanding between the

Hitler Youth, of which he was the leader, and the youth of other

countries, and can you tell us, for instance, what he did and what steps

he took to that end?

LAUTERBACHER: The establishment of a cordial understanding between

German youth and world youth generally was undoubtedly one of those

tasks the importance of which Schirach constantly emphasized to his

youth leaders, and I always had the impression that this task was, as I

might almost say, his particular passion. I myself, on his orders—and

perhaps I am a cardinal witness on precisely this point—visited the

various European countries, from 1935 onwards, at least once a year and

sometimes even two or three times a year, so that I could get in touch

with existing youth organizations and with organizations of combatants

of the first World War, in order to establish contact with them.

DR. SAUTER: Which countries?

LAUTERBACHER: It can truthfully be said that the Hitler Youth sought

contacts with all the countries of Europe; and I myself, at the direct

order of Von Schirach, visited England several times. There I met the

leader of the British Boy Scouts and his colleague, but also...

THE PRESIDENT: I do not think those facts are in dispute. It is merely

the inference that is to be drawn from the facts that the Prosecution

will rely upon. Therefore it is not necessary for you to go into the

facts again, as to the connection of the Hitler Youth with the foreign

youth.

DR. SAUTER: Yes, Mr. President.

Witness, you have just heard that these facts are not in dispute. We can

therefore turn to another topic. You were the Stabsführer of the Hitler

Youth in the Reich Youth Leadership. Do you know whether the Leadership

of the Hitler Youth maintained spies or agents abroad, or whether it

trained people for the so-called Fifth Column—and I take it you know

what that is—in other countries, or whether it brought young people

over to be trained as parachutists in Germany and then sent them back to

their own countries. During your whole period of office as Stabsführer,

did you ever learn of anything like that?

LAUTERBACHER: The Hitler Youth did not have spies, agents, or

parachutists to operate in any country in Europe. I would have been

bound to learn of such a fact or such an arrangement in any

circumstances.

DR. SAUTER: Even if Schirach had made such an arrangement behind your

back, do you believe that you would have been bound to learn of it in

any case through the channels of reports from district leaders and

similar channels?

LAUTERBACHER: I would inevitably have learned of this or have observed

it in these districts on some of my many official trips.

DR. SAUTER: Then, Witness, I should like to turn to another topic. The

other day you told me about a certain discussion. After the Polish

campaign—that would be, presumably, at the end of September or

beginning of October 1939—and before the actual campaign in France you

had a meeting with the Defendant Von Schirach in your residence in

Berlin-Dahlem, on which occasion the Defendant Von Schirach voiced his

attitude to the war. Will you describe this conversation briefly to the

Court?

LAUTERBACHER: Yes. Von Schirach came to see me at the end of September

or beginning of October 1939. He visited me in the house which I

occupied at the time in Berlin. The conversation very quickly turned to

war, and Schirach said that, in his opinion, this war should have been

prevented. He held the Foreign Minister of that time responsible for

having given Hitler inadequate or false information. He regretted the

fact that Hitler and the leading men of the State and the Party knew

nothing about Europe and the world generally and had steered Germany

into this war without having any idea of the consequences.

At that time he was of the opinion that if the war could not be brought

to an end in the shortest possible time, we should lose it. In this

connection he referred to the enormous war potential of the United

States and England. He said—and I remember the expression very

well—that this war was an unholy one and that if the German people were

not to be plunged into disaster as a result of it, the Führer must be

informed of the danger which would arise for Germany if America were to

intervene, either through deliveries of goods or through actual entry

into the war.

We considered at the time who could inform Hitler, who, in fact, could

even obtain access to him. Schirach suggested trying in some way to

introduce Colin Ross into Adolf Hitler’s presence. Colin Ross was to

call Hitler’s attention to the threatening catastrophe and to inform

Hitler of the facts. This was to be done outside the competency of the

Foreign Minister and without the Foreign Minister being present. At that

time Colin Ross was not yet in Germany. I remember that when he returned

he was introduced into Hitler’s presence by way of Schirach.

DR. SAUTER: Witness, will you tell us more about the discussion which

you mentioned as having taken place in 1939. I should like you to answer

this question: How did he come to choose Dr. Colin Ross in particular?

How did you happen to think of him?

LAUTERBACHER: I have already mentioned that the leaders of the National

Socialist State and of the Party were almost totally lacking in

knowledge of the world and foreign countries generally, and had

consequently hit upon this man, who had seen so much of the world. Colin

Ross had occasionally attended meetings of the Hitler Youth Leaders

before 1939 and had addressed them...

DR. SAUTER: What about?

LAUTERBACHER: ...and thus he was known to Schirach and the Hitler Youth.

DR. SAUTER: What were the topics he discussed before the Hitler Youth?

LAUTERBACHER: Colin Ross spoke of his experiences in every continent.

DR. SAUTER: How did Colin Ross become known to the Hitler Youth? On this

occasion did you also speak of whether an attempt should be made to find

a solution of the Jewish problem, so that it would be easier to reach an

understanding with other countries, and if so, on what basis?

LAUTERBACHER: Yes. In the course of this conversation Schirach referred

to the excesses of 9 November 1938 and to the speech he made immediately

afterwards, and said that in the circumstances it would naturally be

extremely difficult to start discussions with America; that we might

have to try beforehand—if circumstances permitted—and he wished to

suggest this to Hitler during an interview...

THE PRESIDENT: Dr. Sauter, the Tribunal does not think it is really

sufficiently important to go into Schirach’s private discussions with

this witness. If he can say anything as to what Schirach did, it may be

different, but now the witness is simply reciting the discussions which

he had with Schirach, nothing more than private discussion.

DR. SAUTER: Witness, what steps did Schirach actually take towards

peace, or to shorten the war, as a result of these discussions with you?

Did he take any steps; and what were these steps?

LAUTERBACHER: Yes, as he told me at a later discussion, Schirach made

use of every opportunity at the beginning of the war to convince Hitler

of the need for discussions with America, and with this purpose in view,

he actually brought Colin Ross to Hitler, as he told me later. Colin

Ross was with Hitler for several hours. When Colin Ross visited me at

Hanover he told me about this discussion and on this occasion he said

that Hitler was very thoughtful. He did say also, however, that a second

discussion which had been planned with Hitler had not materialized, for,

according to his version, the Foreign Office had protested against this

kind of information.

THE PRESIDENT: We will adjourn now.

[_A recess was taken._]

THE PRESIDENT: Dr. Sauter, the Tribunal thinks that this witness is

dealing in great detail with matters which are of very little importance

and the Tribunal wishes you to bring his attention to something which is

of real importance.

DR. SAUTER: Mr. President, I have in any case only one more question.

One last question, Witness. You have not been with Schirach since 1940.

I believe you became a Gauleiter.

LAUTERBACHER: Yes.

DR. SAUTER: Schirach went to Vienna. But in 1943 you again had a long

talk with him, mainly about why Schirach did not resign from his post.

My reason for putting this question to you is that one member of the

Prosecution has already discussed the question today. Will you tell us

briefly what reasons Schirach gave at the time for retaining his office

or why he did not resign, and what his views on the war were in 1943—at

that time, I mean?

LAUTERBACHER: In March 1943, when I made an unofficial visit to Vienna,

a very long conversation took place between Von Schirach and myself. At

that time, Von Schirach talked very pessimistically about the prospects

of the war and told me that we should soon be fighting outside Vienna,

in the Alps and along the Rhine. On that occasion he said that he had

not been able to see Adolf Hitler for a very long time; that he had had

no further opportunity of reporting to him, as had formerly been the

case; and that the Chief of the Party Chancellery, Bormann, had

consistently prevented him from seeing the Führer and talking to him

alone; and that he therefore no longer had any opportunity whatsoever of

discussing Viennese questions or general questions with Hitler. In this

connection he also stated that Bormann came to him with objections and

complaints every day, cancelling orders and directives he had issued in

his capacity of Gauleiter in Vienna, and that in view of all this, it

was no longer possible for him to remain in office and to shoulder the

responsibility.

At a later stage of that conversation, in the course of which we

considered all kinds of possibilities, he said that, as he had sworn an

oath of allegiance to Hitler, he felt bound to remain in office whatever

happened and that, above all, he could not take the responsibility in

the present military situation for abandoning the population over which

he had been appointed Gauleiter.

He saw the catastrophe coming but said that even his resignation or any

action that he might take would not have any influence on the leaders of

the State or on Hitler himself and that he would, therefore, remain true

to his oath, as a soldier would, and retain his appointment.

DR. SAUTER: Mr. President, that concludes my examination of this

witness.

THE PRESIDENT: Does any other defense counsel want to ask him any

questions?

DR. SERVATIUS: Witness, were you Gauleiter in Hanover from 1940?

LAUTERBACHER: Yes, from December 1940.

DR. SERVATIUS: You were also Plenipotentiary for Labor in that capacity?

LAUTERBACHER: Yes.

DR. SERVATIUS: Were there many foreign laborers in your Gau?

LAUTERBACHER: Yes, there were a great many foreign laborers in my

district. This was mainly due to the Hermann Göring Works, which had

been established near Brunswick.

DR. SERVATIUS: Did you have to look after them?

LAUTERBACHER: Yes, my assignments as Plenipotentiary for Labor were

confined to looking after foreign civilian workers.

DR. SERVATIUS: Did you receive instructions from Sauckel on that point?

LAUTERBACHER: I, like all other Gauleiter of the NSDAP, constantly

received instructions from Sauckel with regard to the recruitment of

labor; that is to say, regarding the welfare of these civilian workers.

DR. SERVATIUS: What type of instructions were they?

LAUTERBACHER: The instructions which I received as Gauleiter consisted

almost exclusively of repeated demands to do everything to satisfy the

foreign workers in matters of accommodation, food, clothing, and

cultural welfare.

DR. SERVATIUS: Was that carried out in practice?

LAUTERBACHER: It was naturally carried out within the limits of existing

possibilities.

DR. SERVATIUS: Did you inspect camps or factories where these workers

were employed?

LAUTERBACHER: Yes, I myself inspected such camps and especially such

factories on my official trips. Apart from that I had, as my Gau

supervisor of the German Labor Front, a man who assisted me in this task

on such occasions.

DR. SERVATIUS: Did you or your Gau supervisor discover the existence of

shocking conditions?

LAUTERBACHER: Yes. After the air raids from which Hanover and Brunswick

suffered particularly badly from 1943 onwards, I found conditions in

foreign civilian labor camps—just as I did in the living quarters of

German people—to be what I would call, perhaps not shocking, but

certainly very serious; and after that I tried as far as possible to

have these destroyed dwellings repaired, for instance, or to have new

ones built.

DR. SERVATIUS: Did you see any abuses for which these industrial

enterprises of the supervisory agencies were directly responsible?

LAUTERBACHER: Yes, I do remember two such cases.

Several firms in Hanover had formed a kind of industrial association—a

kind of union—and had established a camp for their foreign civilian

workers. The trustees of these firms were responsible for this camp. One

day the Gau supervisor of the German Labor Front reported to me that

living conditions did not comply with instructions received and asked my

permission to intervene, that is to say, to be allowed to assume

responsibility through the German Labor Front for that collective camp.

I gave him this assignment; and sometime afterwards he reported that

these difficulties had been overcome.

The Hermann Göring Works constitute another example of this kind. Since

I am speaking under oath here, I must mention the fact that that firm

disregarded Sauckel’s instructions in many respects. On one occasion

they recruited workers independently, outside the jurisdiction of the

labor administration through their branches in the Ukraine and other

countries. These laborers came to Watenstedt, in the area supervised by

the Executive Board of the Party, outside the quota fixed by the

Plenipotentiary for Labor, and consequently outside of his jurisdiction.

I myself had very considerable difficulty in obtaining entry to the

works and the camp. For although Gauleiter and Plenipotentiary, I was

not by any means in a position simply to...

THE PRESIDENT: Wait a minute. What has this got to do with the Defendant

Sauckel?

DR. SERVATIUS: I asked him about any abuses which he had found, for as

plenipotentiary for the recruitment of foreign workers it was his duty

to ascertain where such bad conditions existed and to report them so

that they would finally be brought to Sauckel’s notice. He has digressed

rather widely and has just been describing the Hermann Göring Works.

THE PRESIDENT: You should stop him, Dr. Servatius. You know the question

you were asking.

DR. SERVATIUS: Witness, did you discover the existence of abuses in the

camp?

LAUTERBACHER: I was unable to enter the camp, because entry was

forbidden.

DR. SERVATIUS: Did Sauckel himself address the workers in your Gau?

LAUTERBACHER: No, not during my period of office. But he frequently sent

representatives.

DR. SERVATIUS: I have now got some questions to put on behalf of the

political leaders whom I represent.

Did you receive special instructions from the Führer on your appointment

as Gauleiter?

LAUTERBACHER: No. When I was appointed Gauleiter I was merely introduced

by Herr Hess as Gauleiter, during an assembly of Gauleiter. But I

received no special instructions on the occasion of that meeting, and

during my...

THE PRESIDENT: Witness, the answer was “no” and you did not need to add

to it at all.

DR. SERVATIUS: Did you talk to the Führer later on? Did you receive

special or secret instructions?

LAUTERBACHER: I only saw the Führer now and again at Gauleiter meetings

and I never had any official discussions with him.

DR. SERVATIUS: Do you know anything about the activities of block

leaders? In particular, I want to ask you: Were they used as spies?

LAUTERBACHER: No.

DR. SERVATIUS: But there seems to be a widespread belief that in fact

block leaders did act as spies and informers and that has been brought

up by the Prosecution. Perhaps the SD used block leaders for that

purpose?

LAUTERBACHER: The SD had its own agents who were not known to the Party.

At any rate, the block leaders had no instructions to work for the SD.

DR. SERVATIUS: Was no card index kept of Party opponents?

LAUTERBACHER: Not in the Party organizations. As far as I know this card

index was kept by the Secret Police, as was made known in connection

with the plot of 20 July 1944.

DR. SERVATIUS: Did the Party use agents for spying who may not have been

block leaders but who worked for you in your capacity of Gauleiter?

LAUTERBACHER: No.

DR. SERVATIUS: I have no further questions.

MR. DODD: When did you join the SS, Witness?

LAUTERBACHER: I was made an SS Brigadier General on 2 August 1940, on

the occasion of my appointment as Deputy Gauleiter.

MR. DODD: I did not hear your answer as to when you first joined the SS.

Would you repeat it, please?

LAUTERBACHER: On 2 August 1940.

MR. DODD: You had not belonged before that date to the organization at

all?

LAUTERBACHER: I was not a member of the SS before that date; but I

served in the Waffen-SS as a soldier, from 26 May 1940 to September

1940.

MR. DODD: And then you later became an SS Obergruppenführer, did you

not?

LAUTERBACHER: On 20 April 1944.

MR. DODD: And when did you join the staff of Himmler?

LAUTERBACHER: I was never a member of Himmler’s staff.

MR. DODD: Did you not join it in January of 1944, or what would you say

that you did join in the Reichsführer SS Organization? Perhaps I have

used the wrong term “staff.” There is some other name for it. Were you

not affiliated in some way with Himmler?

LAUTERBACHER: No, I never had any SS assignments.

MR. DODD: Did you have any connection with the Reichsführer SS from

January 1944 on?

LAUTERBACHER: In October 1944 the Reichsführer SS had gone in his

special train to Bad Pyrmont, on the occasion of a meeting of West

German Gauleiter and Higher SS and Police Leaders. I had orders to be

present at that function; and in the course of the meeting I had a talk

with him.

MR. DODD: That is not what I asked; but I will pass it. Did you become

an SA Obergruppenführer in 1944, as well as SS Obergruppenführer?

LAUTERBACHER: I became an SA Obergruppenführer, I think, in 1944 or

1943.

MR. DODD: You were also a member of the Reichstag in 1936, were you not?

LAUTERBACHER: Yes.

MR. DODD: And a member of the Party, I guess you said, since 1927; is

that right?

LAUTERBACHER: Since 1927.

MR. DODD: And a member of the Hitler Youth, or NSDAP, since 1923?

LAUTERBACHER: I joined the Hitler Youth in 1927. The Hitler Youth was

not established until 1927.

MR. DODD: Well, whenever it was, the youth organization of the Party,

that is what I mean. How many people did you have hanged publicly while

you were the Gauleiter up in Hanover?

LAUTERBACHER: I did not understand the question.

MR. DODD: I said: How many people did you have hanged publicly while you

were the Gauleiter up in Hanover?

LAUTERBACHER: I never hanged anyone publicly.

MR. DODD: Are you sure about that?

LAUTERBACHER: Yes.

MR. DODD: How many people did you send to concentration camps?

LAUTERBACHER: I might have handed over 5 or 10 persons to ordinary

courts for violating war economy regulations. And in one case which I

remember particularly well, there were two people who refused...

MR. DODD: Well, I do not care about the details. Just tell me how many

you sent.

LAUTERBACHER: There were two. I do not know if they were sent to

concentration camps, because I myself could not intern them. The

internment was decided in Berlin.

MR. DODD: Do you know a man by the name of Huck, H-u-c-k, Heinrich Huck?

LAUTERBACHER: Huck—no. At the moment I cannot remember that name.

MR. DODD: The police commissar under your Gau, or in your Gau?

LAUTERBACHER: No, I do not know him.

MR. DODD: I want to ask: Did you not have a foreign worker from one of

the eastern countries hanged, publicly hanged in the market square, and

to remain there a whole day, at one time, while you were the Gauleiter

up there?

LAUTERBACHER: No. Where is that supposed to have happened?

MR. DODD: It is supposed to have happened in Hildesheim.

LAUTERBACHER: No.

MR. DODD: In March of 1945, just before the war ended.

LAUTERBACHER: No. That is unknown to me. I never gave any such

instructions.

MR. DODD: Did you order 400 or 500 prisoners poisoned or shot just

before the city was taken by an Allied army?

LAUTERBACHER: No, that was put to me in London, and I think I cleared up

the matter.

MR. DODD: You know what I am talking about, then?

LAUTERBACHER: Yes, the penitentiary at Hameln.

MR. DODD: You know that your Kreisleiter says that you ordered them

poisoned with either prussic acid or strychnine, or else they were to be

shot?

You know about that, do you not?

LAUTERBACHER: I was told about that in London.

MR. DODD: And not only does your Kreisleiter say that but Richard

Rother, who was an inspector at the prison at Hameln, confirms that the

order was passed on, that either they were to be poisoned or shot; do

you know about that as well?

LAUTERBACHER: I never gave any such order.

MR. DODD: I am asking you if you know that these people associated with

you have sworn under oath that you did. You have seen these affidavits,

have you not?

LAUTERBACHER: I was told of it in London; but I was also told that the

inmates of that penitentiary were neither poisoned nor shot, but sent

back.

MR. DODD: Yes, they were, but not because of you, but because your

people refused to carry out your orders, is not that so?

LAUTERBACHER: I know nothing about that, because I was no longer in

Hameln and no longer a Gauleiter.

MR. DODD: You have seen these affidavits, so I do not think there is any

need to hand them to you, but I am going to offer them in evidence.

LAUTERBACHER: I received the statement of the commissioned Kreisleiter,

Dr. Krämer, in London, and I replied to it.

MR. DODD: Very well. You know what he says, then?

I offer this D-861 as Exhibit USA-874, Mr. President. It is a document

consisting of 7 affidavits from persons associated with this witness

when he was the Gauleiter, and having to do with his conduct while he

was Gauleiter there.

THE PRESIDENT: How do you suggest that that evidence is relevant?

MR. DODD: I offer them in relation to this man’s credibility, or rather

lack of it. I do not think that they have anything to do directly with

the case, other than they show the kind of individual he is, as we

claim, and that the Tribunal should have this information before it when

it considers the weight it will give to his testimony.

I have also just been reminded by my friend, Mr. Elwyn Jones, that of

course it would have a bearing on the issue of the Leadership Corps of

the Nazi Party, of which he is a member. That had not occurred to me,

however. However, I do wish to claim it as a ground, also, for this

document.

THE PRESIDENT: Where are the people who made these affidavits?

MR. DODD: Mr. President, I will have to inquire. I do not know. They are

in custody, some of them at least, in the British zone here in Germany.

DR. SAUTER: Mr. President, you have just inquired where these people are

who made these affidavits. Perhaps I can assist you in clarifying these

questions. This Josef Krämer, whom the Prosecution have just quoted as

the leading witness against the witness Lauterbacher, was sentenced to 7

years’ imprisonment by an English court some 8 or 10 days ago, and this

for the very reason which the prosecutor has just mentioned. Herr

Lauterbacher knows nothing about this matter, but quite accidentally I

read a report of this trial in a German newspaper and I have the report

here. In that article, dated 2 May of this year, it is stated that the

former Kreisleiter of Hameln, Dr. Josef Krämer, was sentenced by the

court of the 5th British Division to 7 years’ imprisonment. I quote from

that article:

“Upon the approach of the Allied troops Krämer had given the

order to liquidate the inmates of the penitentiary at Hameln.

‘No dangerous prisoner and no foreigner is to be allowed to fall

into the hands of the enemy,’ was his order. ‘They must all be

poisoned with prussic acid, or, if that is not possible, they

will have to be shot.’”

That was the wording of the order given by ex-Kreisleiter Josef Krämer;

and he is now being used as a witness against my witness here. The

report goes on to say that officials at the penitentiary, who appeared

as witnesses, stated that in spite of this order from Dr. Krämer they

had refused to liquidate the prisoners. The rest is of no interest but I

thought that perhaps it might be important for the Tribunal, when

dealing with this question, to see from a document how this former

Kreisleiter behaved in reality. If you are interested, Mr. President,

the newspaper clipping, although it is in German, can be admitted to you

at once.

MR. DODD: May I say, Mr. President, that perfectly substantiates the

document; that is, Krämer says in here that is what he did, that he

passed orders on but that he got them from this man. If anything, it

supports us. It does not hurt us one whit insofar as the value of this

document is concerned.

In looking them over, I think it is perhaps best if I only offer the

first one and the last one. There are some others in this group that are

not particularly helpful, I expect, for the Court. I shall withdraw all

but the first and last and offer only the affidavit of Krämer and the

affidavit of Huck.

THE PRESIDENT: Mr. Dodd, the Tribunal does not think that these

documents ought to be admitted. In the first place, so far as the credit

of the particular witness is concerned, they do not think that his

answers on questions of credit ought to be challenged by other evidence.

So far as the Leadership Corps is concerned, they think that these

documents are only evidence of one individual crime.

MR. DODD: Very well, Mr. President.

Witness, I understood you to say that you never heard the Defendant Von

Schirach say anything really derogatory of the Jewish people, and, on

the contrary, you heard him speak out quite openly after the events of 9

November 1938. Did I understand you correctly?

LAUTERBACHER: Yes, he criticized the atrocities in no uncertain terms at

the meeting of Gauleiters. He had no doubt that...

MR. DODD: Do not go all through it again. I just wanted to be sure that

I understood you correctly.

I suppose you read the Hitler Youth yearbook for the year 1938, as the

Deputy to the Reich Leader.

LAUTERBACHER: At the moment I do not remember this book. If I could have

a look at it?

MR. DODD: Of course I do not expect you to. I merely wanted to ascertain

that you did read it. I suppose you always read your yearbook?

LAUTERBACHER: No.

MR. DODD: What, you did not read it?

LAUTERBACHER: I cannot remember, no.

MR. DODD: Well, would it not be customary for you to read the yearbook?

Let us put it that way.

LAUTERBACHER: The yearbook was compiled by the Press Department and I

had no influence on the details of the journalistic make-up of our

newspapers, periodicals or yearbooks. I do not remember this book, at

least as far as it concerns demands for anti-Semitic atrocities, or a

policy of force.

MR. DODD: Well, I will show it to you in any event and call your

attention to an article in the yearbook concerning the Jewish people. Do

you know what I refer to? Where they were charged with having spilled

the blood of millions of dead in history. That was put out, I assume,

after the brave statements by the defendant in November of 1938, since

it is for the whole year of 1938. You will find the article that I refer

to on Page 192.

LAUTERBACHER: Yes.

MR. DODD: Have you seen that article before?

LAUTERBACHER: No. That yearbook had no official character; it was a

private enterprise on the part of the publishers.

MR. DODD: Now, just a minute. What do you mean, “it had no official

character”? It was the yearbook of the Hitler Youth, was it not?

LAUTERBACHER: This yearbook was not officially edited by the Hitler

Youth or by the Party. I never saw it until after it was published.

MR. DODD: It was published by the Central Publishing House of the NSDAP,

was it not?

LAUTERBACHER: Yes, that is correct; I see that.

MR. DODD: It was called _The Yearbook of the Hitler Youth_, and you put

it out for a good many years consecutively, did you not? I do not mean

you personally, but I mean the Party and the Hitler Youth.

LAUTERBACHER: No. This yearbook was compiled and published every year by

the gentleman mentioned there, or by others, as the case might be.

MR. DODD: I know that. I am simply trying to establish this, that this

was the yearbook of the Hitler Youth and the only one that was put out,

and it was put out each year. Now is that not so?

LAUTERBACHER: This book appeared every year, but I repeat again that it

had no official character, nor do I believe that...

MR. DODD: Well, what would you say would give it an official character?

LAUTERBACHER: If it said here, “Published by the Reich Youth Leader’s

Office,” it would have an official character.

MR. DODD: And the fact that it said, “Published by the Central

Publishing House of the NSDAP” would not give it one, is that it?

LAUTERBACHER: Certainly not.

MR. DODD: You did not put out any other publications in the nature of a

yearbook, did you, except this one?

LAUTERBACHER: A calendar was published every year.

MR. DODD: Well, I am certainly not talking about a calendar; I am

talking about a report or a book.

LAUTERBACHER: No.

MR. DODD: And you are still telling this Tribunal that this was not the

yearbook of the Hitler Youth and the only one that was published in

Germany?

LAUTERBACHER: I repeat that this yearbook did not have any official

character.

MR. DODD: Well, after having read that quotation, do you still think

that Schirach, as leader of the Reich Youth, was not actively speaking

about the Jews in a derogatory sort of way, or that talk of this kind

was not going on under his leadership?

LAUTERBACHER: Von Schirach never left any doubt regarding his

anti-Semitic attitude as long as he was Reich Youth Leader.

MR. DODD: Do you know the speech he made in 1942 when he took credit for

deporting the Jews from Vienna? Are you familiar with that speech?

LAUTERBACHER: No, I do not know that speech. During that time I was in

Hanover, and Schirach was in Vienna.

MR. DODD: Yes. He was a fellow Gauleiter at that time.

Did you ever get any SS reports on what was happening to the Jews in the

East?

LAUTERBACHER: Never. I never had access to SS reports, SS circulars, or

orders.

MR. DODD: Did you deport any Jews from your Gau?

LAUTERBACHER: When I came to the Gau in December 1940, the Jews had

already emigrated.

MR. DODD: They were already out by the time you got there?

LAUTERBACHER: Yes.

MR. DODD: Did you ever hear of Gauleiters getting reports from Heydrich

or from Himmler about what was happening to the Jews in the East? Did

any of your fellow Gauleiter ever tell you that they got reports

regularly, say by the month or by the week?

LAUTERBACHER: No. Himmler’s reports were no more accessible to the

Gauleiter than they were to the honorary leaders of the SS. As

Obergruppenführer of the SS I never received a report or an instruction

from Himmler.

MR. DODD: Those Himmler reports were handled pretty carefully, were they

not?

I am now asking you—as an SS Obergruppenführer I suppose you know

something about it—were those reports handled very carefully, those

Himmler and Heydrich reports?

LAUTERBACHER: As an SS Obergruppenführer I never received any of

Himmler’s reports, and I know that Himmler sent all reports dealing with

confidential or internal SS matters only to SS and Police, that is, SS

leaders in the service of the SS, but never to the honorary leaders.

MR. DODD: Now, what I really asked you was whether or not the reports,

when they were sent out, were very carefully handled. Do you know the

answer to that?

LAUTERBACHER: I do not know. I do not know how these reports were

handled.

MR. DODD: What was Heydrich’s reputation, so far as you were concerned,

in 1942? Did you think very well of him or did you think very poorly of

him before he was killed?

LAUTERBACHER: I only knew Heydrich from meeting him a few times in the

Reich Youth Leader’s Office, and I had a good impression of him

personally. I am forced to have a different opinion of him now; but only

because I now know of his measures.

MR. DODD: What was he doing in the Reich Youth Leader’s Office the few

times that you met him? What business did he have there?

LAUTERBACHER: He had intervened on his own initiative and through his

own agencies in cases of homosexuality. Schirach forbade that and told

him that these matters too were first of all subject to his own

jurisdiction.

MR. DODD: You sat in on all of these conferences with Heydrich, no

matter how many there were, did you not?

LAUTERBACHER: I participated in one conference on the question of

homosexuality in the Hitler Youth.

MR. DODD: Tell us this: Did it appear to you, from what you saw and

heard there, that Heydrich and Schirach were very friendly, or on a very

friendly basis?

LAUTERBACHER: That conference did not take place with Von Schirach, but

with one of the officials from the Reich Youth Leader’s Office who, as

Chief of the Hitler Youth Legal Administration, conducted the discussion

with Heydrich.

MR. DODD: Were you ever present when Heydrich talked to Von Schirach?

Were you ever present?

LAUTERBACHER: No.

MR. DODD: Did Heydrich ever talk to you, or rather, did Von Schirach

ever talk to you about Heydrich?

LAUTERBACHER: No, I cannot remember that.

MR. DODD: We have no further questions, Mr. President.

THE PRESIDENT: Dr. Sauter?

DR. SAUTER: Thank you, I have no further questions.

THE PRESIDENT: The witness may retire.

DR. SAUTER: With the permission of the President, I shall now call my

next witness, Gustav Hoepken.

[_The witness Hoepken took the stand._]

THE PRESIDENT: Will you state your full name, please?

GUSTAV DIETRICH HOEPKEN (Witness): Gustav Dietrich Hoepken.

THE PRESIDENT: Will you repeat this oath after me: I swear by God—the

Almighty and Omniscient—that I will speak the pure truth—and will

withhold and add nothing.

[_The witness repeated the oath._]

THE PRESIDENT: You may sit down.

DR. SAUTER: Herr Hoepken, I have already examined you on the case of

Schirach when you were in prison?

HOEPKEN: Yes, you have already examined me.

DR. SAUTER: How old are you?

HOEPKEN: I am 36.

DR. SAUTER: What is your father’s occupation?

HOEPKEN: My father is a dock laborer.

DR. SAUTER: And yourself?

HOEPKEN: I was a newspaper boy, a dock laborer, a spare-time student,

and sports instructor.

DR. SAUTER: Sports instructor. You are now in American hands, are you

not?

HOEPKEN: Yes, I am a prisoner in American hands.

DR. SAUTER: Since when?

HOEPKEN: Since 19 May 1945.

DR. SAUTER: Has the Prosecution interrogated you on this matter?

HOEPKEN: Up to now the Prosecution has not interrogated me.

DR. SAUTER: When did you join the Hitler Youth?

HOEPKEN: I joined the Hitler Youth in 1933.

DR. SAUTER: You joined the Hitler Youth in 1933? How old were you at

that time?

HOEPKEN: I was 23.

DR. SAUTER: And in what capacity did you join?

HOEPKEN: First as an ordinary member. In September 1933 I became an

Unterbannführer in the Hitler Youth.

DR. SAUTER: Unterbannführer in 1933?

HOEPKEN: Yes, in September 1933.

DR. SAUTER: Was that a salaried position or an honorary appointment?

HOEPKEN: From 1933 to 1935 I worked as a sports instructor in the Hitler

Youth.

DR. SAUTER: And in 1935?

HOEPKEN: In 1935 I joined the government offices at Potsdam as an expert

on PT in schools.

DR. SAUTER: But that had nothing to do with the Hitler Youth, had it?

HOEPKEN: At Potsdam I also commanded the Potsdam unit and local

headquarters of the Hitler Youth.

DR. SAUTER: So you were a civil servant—or rather, an employee of the

State and apart from that an honorary leader of the Hitler Youth?

HOEPKEN: From 1935 until 1939 I was a civil servant in the government

offices at Potsdam and I also commanded the Hitler Youth unit and local

headquarters at Potsdam in an honorary capacity.

DR. SAUTER: Therefore in the summer of 1939 you joined the Reich Youth

Leadership, did you?

HOEPKEN: In June 1939 I joined the Reich Youth Leadership and became

adjutant to Baldur von Schirach who was Reich Youth Leader at the time.

DR. SAUTER: And how long did you hold that office?

HOEPKEN: Until August 1939, and then I became a soldier.

DR. SAUTER: Before you joined Schirach’s staff, had you not served in

the Armed Forces?

HOEPKEN: Up to joining Schirach in 1939 I had done 8 weeks’ obligatory

training in the Air Force.

DR. SAUTER: Apart from that, you had no training?

HOEPKEN: Apart from that I had no military training.

DR. SAUTER: Were you an officer?

HOEPKEN: I had not been an officer up to that time.

DR. SAUTER: So far as his other collaborators were concerned, did

Schirach attach importance to their being officers or trained soldiers?

HOEPKEN: So far as I know, Von Schirach did not care whether his

collaborators were soldiers or officers, on the contrary, it was his

view, as he told me repeatedly, that soldiers and officers, as far as he

could see, were less suitable as youth leaders.

DR. SAUTER: I do not want to go into the general question of the

training of the Hitler Youth, but I wish to ask you one single question

on this point, especially because you are a sports instructor by

profession. It is a question about the training of the Hitler Youth in

shooting. Were they trained with military weapons, or how were they

trained in firing?

HOEPKEN: The Hitler Youth were trained in shooting with air guns or

small arms. They did not shoot with military weapons.

DR. SAUTER: In that case I will not put any further questions to you on

the subject of uniform as these questions have already been clarified.

But there is one other thing in which I am interested and that is the

relationship to the Church: Do you know, Witness, whether the Defendant

Von Schirach in 1937, that is in the issue of the Berlin paper, the

_Berliner Tageblatt_ of 14 January 1937, published an article written by

his press adviser Günther Kaufmann, headed “Can the Gap be Bridged”?

That article, a copy of which I have before me, deals with a problem in

which I am interested, and that is why I want to ask you: Do you know

what Schirach made his press adviser write in that article on the

question of whether the Hitler Youth leaders should consider the young

people’s need for church services or not?

HOEPKEN: I know the article.

DR. SAUTER: You know it?

HOEPKEN: I also know the order issued by the Reich Youth Leader of that

time stating that on Sundays there should be no Hitler Youth duty for

all those boys and girls who wanted to attend church. Every boy and girl

in the Hitler Youth at that time was supposed to be able to attend

religious services of his or her own free will; and it was made part of

the duty of the Hitler Youth leaders at the time to refrain from

entering into any arguments or controversies about the Hitler Youth and

the Church. He prohibited that.

DR. SAUTER: Witness, that is the main point of that article of 14

January 1937. But you know that the Defendant Schirach had certain

difficulties with Hitler because of this article. Will you tell us

briefly what you know about it?

HOEPKEN: As soon as the agreement between the Church and the Hitler

Youth was made, the article mentioned appeared in the _Berliner

Tageblatt_. On the day that article appeared, Schirach was at a meeting

in Rosenberg’s office. Hitler called Schirach to the telephone at that

time. Hitler took Schirach sternly to task, firstly, for making an

agreement between the Church and the Hitler Youth and, secondly, for

publishing this article. His intention was to cancel the agreement and

to ban any further issue of the newspapers. Neither of these things

happened.

DR. SAUTER: Did Schirach refuse to withdraw the article?

HOEPKEN: So far as I know he did.

DR. SAUTER: In 1940 you went to Vienna with Schirach?

HOEPKEN: No, I did not.

DR. SAUTER: When did you go?

HOEPKEN: I went to Vienna for the first time in September 1941.

DR. SAUTER: Where had you been in the meantime?

HOEPKEN: I have already told you that I joined the Luftwaffe in August

1939 and served during that time as a service flying instructor in a

Luftwaffe training school.

DR. SAUTER: And you did not rejoin Schirach until 1941, and then in

Vienna?

HOEPKEN: Yes; I joined Schirach in Vienna in September 1941.

DR. SAUTER: The highest dignitary of the Catholic Church in Vienna is

Cardinal Innitzer, right?

HOEPKEN: Yes.

DR. SAUTER: Do you know what Von Schirach’s attitude to Cardinal

Innitzer was? I will tell you at once why I am asking you this question;

I want to know if it is true that Schirach objected to Cardinal

Innitzer’s being molested by the Hitler Youth, and what steps he took,

_et cetera_.

HOEPKEN: Schirach told me repeatedly that he would like to have a talk

with Cardinal Innitzer, but that he was not allowed to do so, firstly,

because of a decree issued by the former head of the Party Chancellery,

Martin Bormann, prohibiting the Gauleiter from contacting Church

dignitaries and, secondly, because Schirach knew that he himself was

under surveillance.

DR. SAUTER: Who, Schirach?

HOEPKEN: That Schirach was under surveillance and thought that if he

forced such a discussion, Bormann would be certain to know of it on the

next day, which would have had most unpleasant consequences both for

Schirach and Cardinal Innitzer. On the other hand, it was Schirach’s

view that Cardinal Innitzer also would certainly have liked to have a

talk with Schirach and Schirach thought that certainly would not have

been the case if Cardinal Innitzer had not known of his tolerant

attitude toward the Church and the Christian religion. It is furthermore

known to me—and I think this happened in the winter of 1944 to

1945—that Cardinal Innitzer was molested by youthful civilians while

returning from mass. Cardinal Innitzer had the police find out the names

of these youngsters, and they turned out to be Hitler Youth leaders.

Schirach ordered the competent district leader of the Hitler Youth to

him the same day, took him severely to task, and demanded that the youth

leaders in question be relieved of their duties at once. As far as I

know, this was actually done. I believe I also remember that Schirach

had a letter of apology sent to Cardinal Innitzer, either personally or

through one of his officials.

THE PRESIDENT: I think we had better break off now.

[_The Tribunal adjourned until 28 May 1946 at 1000 hours._]

ONE HUNDRED AND FORTIETH DAY

Tuesday, 28 May 1946

_Morning Session_

MARSHAL: May it please the Tribunal, the report is made that Defendant

Göring is absent.

THE PRESIDENT: We were going to deal with Defendant Bormann’s documents,

were we not?

SIR DAVID MAXWELL-FYFE: If Your Lordship pleases.

DR. SERVATIUS: Mr. President, two witnesses only have arrived so far for

the Defendant Sauckel. Three essential witnesses are still missing.

Perhaps the Court can help to bring these witnesses quickly so that the

case will not be delayed. They are the witnesses Stothfang, Dr. Jäger,

and Hildebrandt. I have repeatedly asked the Prosecution to get them but

they are not here yet. I have not yet spoken to the witnesses.

THE PRESIDENT: Have they been located?

DR. SERVATIUS: Yes. One is in a camp in Kassel, which is only a few

hours from here, and the other is in Neumünster. That is a little

farther, perhaps 6 or 7 hours from here. Dr. Jäger is free.

THE PRESIDENT: That is not in accordance with the information which the

Tribunal has. The Tribunal has the information that they cannot be

found.

DR. SERVATIUS: I received the information that their whereabouts has

been ascertained.

THE PRESIDENT: From whom did you receive that information?

DR. SERVATIUS: Officially, from the General Secretary.

THE PRESIDENT: Well, we will make inquiries into it.

SIR DAVID MAXWELL-FYFE: My Lord, first, with regard to the witnesses

applied for for the Defendant Bormann. They are, as I understand it,

Fräulein Krüger, to whom we have no objection. The witness Müller is no

longer applied for?

DR. BERGOLD: Yes, I have dispensed with that witness.

SIR DAVID MAXWELL-FYFE: Then, Klopfer, and lastly, Friedrich. These are

with regard to Bormann’s law-making activities, and the Prosecution have

no objections.

DR. BERGOLD: Your Lordship, in place of the witness Müller, whom I have

withdrawn, I have an additional request for the witness Gerta Christian

on the same subject for which I had requested the witness Müller.

THE PRESIDENT: The first witness, Miss Krüger, is going to speak to

exactly the same facts, is she not, to the death of Bormann?

DR. BERGOLD: Yes, Your Lordship. The circumstances concerning Bormann’s

death are not very clear. It is very necessary to hear all the available

witnesses on this subject because only in this way can one be convinced

of the fact, which I am trying to establish, that the Defendant Bormann

is already dead.

THE PRESIDENT: It does not seem to be a very relevant fact. It is very

remotely relevant whether he is dead or whether he is alive. The

question is whether he is guilty or innocent.

DR. BERGOLD: Your Lordship, my point of view is that sentence cannot be

passed against a dead man. That is not provided for in the Charter.

According to the Charter, the Court can only sentence an absent person,

but a dead person cannot be included under the term “absent.” If the

defendant is dead, the Charter does not provide the possibility of

continuing proceedings against him.

THE PRESIDENT: Sir David, have you any objection to that other witness?

SIR DAVID MAXWELL-FYFE: No, My Lord, the Prosecution does not make any

objections.

THE PRESIDENT: Very well.

SIR DAVID MAXWELL-FYFE: Now, My Lord, with regard to the documents, the

first batch of documents is a series of treaties and diplomatic

pronouncements and documents to counteract the statement of Sir Hartley

Shawcross as to the position of international law before the Charter,

the statement that the law of nations had constituted aggressive war an

international crime before this Tribunal was established and this

Charter became part of the public law of the world. The position of the

Prosecution is that evidence on that point is really irrelevant because

after all, the Tribunal is covered by the Charter, and it seems

unnecessary to translate and publish, by way of document books, all

these matters which the learned counsel has set out in his application.

That is, shortly, the position of the Prosecution with regard to that

first batch of documents. Especially, I do not want to discuss the

problem for the reason that I have given.

THE PRESIDENT: Yes. What are the numbers of them?

SIR DAVID MAXWELL-FYFE: They are 1 to 11—no, 7, in the application.

THE PRESIDENT: Yes. Are they long documents?

DR. BERGOLD: Your Lordship, I have not seen them yet. I applied for

these documents 3 months ago in order to look them over, but

unfortunately I have not received them yet and therefore I cannot give

the Court any information as to whether they are long or not and what

parts of them I will need for my defense.

THE PRESIDENT: Number 2 looks like a long document.

SIR DAVID MAXWELL-FYFE: Yes, My Lord.

DR. BERGOLD: But I will not use all these documents if I receive them. I

shall probably take some of them, Your Lordship; I shall only...

THE PRESIDENT: When you say you applied for them 3 months ago, you do

not mean you applied to the Tribunal, do you?

DR. BERGOLD: I applied to the General Secretary, but perhaps it was put

aside when Your Lordship decided that my case should be postponed to the

end. Perhaps it was forgotten.

THE PRESIDENT: Was there any order on your application?

DR. BERGOLD: No.

THE PRESIDENT: You applied, I think, for an adjournment, did you not, in

order that the matter might be brought up later?

DR. BERGOLD: Yes, Your Lordship; I am in an especially difficult

situation. I have questioned many witnesses and have tried very hard,

but I can find nothing exonerating. All the witnesses are filled with

great hatred toward the Defendant Bormann, and they want to incriminate

him in order to exonerate themselves. That makes my case especially

difficult. The man himself is probably dead and can give me no

information. Any day now I might get new information. For example, a few

days ago one of Bormann’s co-workers, a Dr. Von Hummeln, was arrested in

Salzburg. I will go to see him and perhaps I shall get fresh

information—perhaps none. I must also assume...

THE PRESIDENT: We need not bother about that now. We are only inquiring

about your application with reference to the documents.

Sir David, have you anything further you want to say about the

documents?

SIR DAVID MAXWELL-FYFE: No, that is my short point. I do not want to

discuss the merits of my points because that is the issue, that I am

saying is irrelevant.

THE PRESIDENT: What about Number 11?

SIR DAVID MAXWELL-FYFE: I am not disposed to object to any of the other

documents, My Lord.

THE PRESIDENT: Are there any others besides...

SIR DAVID MAXWELL-FYFE: Number 11—I can see a possible argument on

that, My Lord; therefore I am not going to object to it. The other

documents we certainly have no objection to; the ordinances of the

Führer’s Deputy and...

THE PRESIDENT: All under “B”?

SIR DAVID MAXWELL-FYFE: Yes. The Prosecution makes no objection to

these.

THE PRESIDENT: Yes.

Now, what do you say to Sir David’s objection to these documents, 1 to

7?

DR. BERGOLD: Well, Your Lordship, I have already made my point of view

clear in my application. In order to save the time of the Court, I will

merely refer to this written application. I will not say any more at the

moment on the subject, but if Your Lordship wants me to explain it here

now I am ready to do so.

THE PRESIDENT: The Tribunal will consider the matter.

SIR DAVID MAXWELL-FYFE: Did Your Lordship wish to deal with the other

outstanding applications or would Your Lordship prefer to deal with that

later on at the end of the case of Von Schirach?

THE PRESIDENT: I do not think we have the papers here. We were only

going to deal with Bormann this morning.

SIR DAVID MAXWELL-FYFE: If Your Lordship pleases.

THE PRESIDENT: Mr. Dodd, we have got a document here, D-880, said to be

extracts from testimony of Admiral Raeder, taken at Nuremberg on 10

November 1945 by Major John Monigan. Have you offered that document in

evidence or not?

MR. DODD: May I have just a minute to check it? I am not certain.

THE PRESIDENT: Yes, we will give you the document.

MR. DODD: I believe not, Mr. President; I do not believe it has been

offered in evidence.

THE PRESIDENT: It seems to have been handed up yesterday or the day

before...

MR. DODD: I think through a mistake.

THE PRESIDENT: ...or last week. Yes. But you will find out about that

and let us know.

MR. DODD: Very well, Sir.

THE PRESIDENT: Dr. Sauter, you were still examining Gustav Hoepken, were

you not?

DR. SAUTER: Mr. President, I shall continue my examination of the

witness Hoepken.

[_The witness Hoepken resumed the stand._]

DR. SAUTER: Herr Hoepken, we stopped yesterday when discussing the

question whether the Defendant Von Schirach during his time in Vienna

was opposed to the Church or was tolerant in this connection. The last

answer you gave me yesterday referred to the relations of the Defendant

Von Schirach to the Viennese Cardinal, Innitzer. Is it correct, Witness,

that at the suggestion and with the knowledge of the Defendant Von

Schirach during his time in Vienna you periodically had talks with a

Catholic priest there, a Dean, Professor Ens, for the purpose of

discussing Church questions with him and removing any differences which

might arise?

HOEPKEN: Yes, that is true. Professor Ens was not, as you assume,

Catholic, but Protestant. He was Dean of the faculty of theology of the

University of Vienna. When he visited me he submitted many Church and

religious questions to me. I discussed them with him. He then asked me

to report on them to Herr Von Schirach so that, if it were in his power,

he could make redress. This was done as far as possible.

DR. SAUTER: Do you know, Witness, that the Defendant Von Schirach, for

example, ordered that at the Party Christmas celebrations new National

Socialist Christmas songs were not to be sung, but the old Christian

Christmas hymns?

HOEPKEN: Yes, I know that at the Christmas celebrations of the Party and

of the Hitler Youth, and the Christmas celebration for wounded soldiers,

the old Christian Christmas carols, such as “Es ist ein Ros’

entsprungen,” and “Silent Night, Holy Night...”

THE PRESIDENT: This is surely not a matter which is worthy to be given

in evidence.

DR. SAUTER: Witness, do you know that the Defendant Von Schirach, in the

official magazine of the Hitler Youth, had a special number published

which was in favor of humane treatment of the people of the Eastern

Territories, and when was that?

HOEPKEN: I know that it was the quarterly number for April to June 1943.

DR. SAUTER: Do you know that in the same official magazine of the Hitler

Youth, at the request of the Defendant Bormann, a special anti-Semitic

number was to appear, but that Von Schirach refused it?

HOEPKEN: I know that it was requested at that time by the Propaganda

Ministry and also by the Party Chancellery. Von Schirach refused each

time.

DR. SAUTER: Witness, do you know that Von Schirach once inspected a

concentration camp?

HOEPKEN: Yes, I know that.

DR. SAUTER: Which one?

HOEPKEN: The concentration camp Mauthausen.

DR. SAUTER: In regard to this point, which has already been more or less

cleared up by the testimony of other witnesses, I am interested only in

one question. When was this visit to Mauthausen?

HOEPKEN: I cannot say exactly. I can say with certainty, however, that

it was not after April 1943.

DR. SAUTER: Why can you say that?

HOEPKEN: In April 1943 I was discharged from hospital and began my

service in Vienna. From that day on until April 1945 I knew every day

where Von Schirach was. Moreover, immediately after my arrival in Vienna

in April 1943, when I asked him, as I was rather run-down physically

because of my wound and was also a sports teacher, whether I might do

some sports between 7 and 8 in the morning...

THE PRESIDENT: Dr. Sauter, we do not want to know about the witness’

health, do we?

DR. SAUTER: Witness, you heard what the President just said. I have

already told you I am interested in when this visit to Mauthausen was.

You said, if I understood you correctly...

THE PRESIDENT: He said he could not say when it was and it was after

April 1943. He said he could not say when it was.

DR. SAUTER: Mr. President, I believe you misunderstood the witness.

Witness, please pay attention as to whether this is correct. I

understood the witness to say that it was before April 1943. The visit

must have been before April 1943. It could not have been later.

THE PRESIDENT: Dr. Sauter, he also said, according to the conversation I

heard and took down, that he could not say when the particular time was.

DR. SAUTER: Yes, but through the testimony of the witness I should like

to settle the fact that it was not later than April 1943.

THE PRESIDENT: He said that already. He said it. He said, “I cannot say

when it was, but it was not after April 1943.” He said: “In April 1943 I

was discharged from the hospital and began my service in Vienna. I knew

every day where Schirach was.” I have got that all written down.

DR. SAUTER: Very well. Witness, in this conversation about his visit to

Mauthausen did the Defendant Von Schirach tell you anything to the

effect that on this visit he got to hear of any atrocities,

ill-treatment, and such things?

HOEPKEN: No, he said nothing about that.

DR. SAUTER: Witness, I now turn to the question of the deportation of

Jews from Vienna. As far as I know you were an ear-witness of a

conversation between the Reichsführer SS Himmler and the Defendant

Schirach. Will you tell us what was said in this conversation on the

question of the deportation of Jews?

HOEPKEN: I believe it was in November 1941; Himmler and Schirach were

motoring through East Prussia from Himmler’s quarters to his special

train. In the car Himmler asked Von Schirach: “Tell me, Von Schirach,

how many Jews are still in Vienna?” Von Schirach answered, “I cannot say

exactly. I estimate 40,000 to 50,000.” And Himmler said: “I must

evacuate these Jews as quickly as possible from Vienna.” And Schirach

said: “The Jews do not give me any trouble, especially as they are now

wearing the yellow star.” Then Himmler said: “The Führer is already

angry that Vienna, in this matter as in many others, is made an

exception, and I will have to instruct my SS agencies to carry this out

as speedily as possible.” That is what I remember of this conversation.

DR. SAUTER: Do you know anything about the anti-Semitic speech made by

the Defendant Von Schirach in September 1942 at a Congress in Vienna,

which the Prosecution submitted to the Court?

HOEPKEN: Yes, the contents of the speech are known to us.

DR. SAUTER: I want to know whether you know anything about it,

especially whether Schirach said anything to you about why he made this

anti-Semitic speech?

HOEPKEN: I know from the press officer Günther Kaufmann, who was

mentioned yesterday, that directly after this speech Von Schirach

instructed Kaufmann that every point in the speech should be telephoned

to the DNB (Deutsches Nachrichtenbüro) in Berlin, with the remark that

he had every reason to make a concession to Bormann on this point.

DR. SAUTER: Why a concession?

HOEPKEN: I assume that Schirach knew that his position in Vienna was

precarious, and that he constantly heard, especially from the Party

Chancellery, that he must take a stricter course in Vienna.

DR. SAUTER: You were Chief of the Central Bureau with Schirach in

Vienna. In this capacity, did all Schirach’s incoming mail go through

you?

HOEPKEN: Not all of his mail, but the great majority of it. Mail stamped

“only direct” and “personal” did not go through my hands.

DR. SAUTER: But the other mail?

HOEPKEN: That went through my office.

DR. SAUTER: Witness, we have here a number of documents which have been

submitted to the Court. They are the activity and situation reports

which the Chief of the Security Police made, I believe, monthly or

weekly and which have been submitted to the Court under Number 3943-PS.

These reports came from Vienna, and since you know the situation in the

Central Bureau in Vienna and are well-informed about its activity, I

will now hand you several of these documents. Please look at the

documents and then tell us whether from these documents, which are

photostat copies, you can determine whether these reports of the SS came

to you or to the Defendant Von Schirach, or whether they went to a

different office. I call your special attention to the manner in which

these documents are annotated. Please note on the individual documents

who initialed the document and what was done with the document after

that. And then please tell us who these officials are who figure in the

documents as officials of the Reich Defense Commission; for instance, a

Dr. Fischer, _et cetera_.

Those are the documents, Mr. President, about which the Court asked

questions the other day.

THE PRESIDENT: Yes, I know they are, but I do not know what the question

is exactly. It seems to me there are a great number of questions. Well,

let us get on, Dr. Sauter. We shall have to consider these documents,

you know, and the witness ought to be able to give his answer.

DR. SAUTER: Yes, Mr. President. Of course, the witness has to look at

the documents first. He must especially note which officials initialed

the documents and what the officials did with them. That is what I must

ask the witness, in order to ascertain what the documents...

THE PRESIDENT: I should have thought that he had seen these documents

before.

DR. SAUTER: No; they were just handed over in cross-examination. I could

not discuss them previously with the witness.

THE PRESIDENT: They were certainly handed over before this morning.

DR. SAUTER: Not to the witness—to me, yes.

THE PRESIDENT: Well, get on, Dr. Sauter, get on.

DR. SAUTER: Witness, what do these documents tell you? Did they come to

the knowledge of the Defendant Von Schirach, or how were they dealt

with?

HOEPKEN: These documents did not go through the Central Bureau. I see

here that they are initialed by a Dr. Felber. I know him. He was the

expert assigned to the Regierungspräsident in Vienna for all matters

concerning the Reich Defense Commissioner.

From the treatment given these documents, I must assume that the Berlin

SD agency sent them directly to the office of the Regierungspräsident,

and from there they were entered into the files, as I see here. I do not

see Von Schirach’s initials here.

DR. SAUTER: The Regierungspräsident was a certain Dellbrügge?

HOEPKEN: Dr. Dellbrügge.

DR. SAUTER: And this Dr. Felber whom you mentioned was an official of

the Regierungspräsident?

HOEPKEN: Yes, an official of the Regierungspräsident.

DR. SAUTER: And when such a document as you have there arrived, where

did the post office or any other agency deliver it? Was it delivered to

you or did the Regierungspräsident have his own office for incoming

mail, or how was it?

HOEPKEN: I already said that they must have been sent directly to the

office of the Regierungspräsident, who had his own office for incoming

mail.

DR. SAUTER: How can you tell that the Defendant Von Schirach had no

knowledge of these documents?

HOEPKEN: Because he did not initial these documents. If documents were

submitted to him, they were initialed “z.K.g.”—noted—“B.v.S.,” and

that does not appear on these documents.

THE PRESIDENT: Dr. Sauter, I do not think the Prosecution suggested that

they were initialed by Von Schirach. It was quite clearly brought out in

Von Schirach’s evidence that he had not initialed them, and that fact

was not challenged by Mr. Dodd.

DR. SAUTER: Mr. President, I believe it is a decisive point whether

Defendant Von Schirach had any knowledge of these documents.

THE PRESIDENT: Why do you keep asking whether they were initialed by him

or not? That fact, as I have pointed out, has already been proved and

not challenged.

DR. SAUTER: Witness, I have here an additional collection of documents

under Number 3876-PS. They are additional reports from the Chief of the

Security Police. There is another address on these. It says here, among

other things: “To the Reich Defense Commissioner for the Defense

District XVII”—that was Vienna—“for the attention of Oberregierungsrat

Dr. Fischer in Vienna.”

I am interested in knowing who Dr. Fischer was. Was he in the Central

Bureau, or who was he?

HOEPKEN: I do not know a Dr. Fischer either in the Central Bureau or in

the Reichsstatthalterei.

DR. SAUTER: Then how do you explain the fact that in these reports it

always says, “To the Reich Defense Commissioner for the Defense District

XVII, for the attention of Oberregierungsrat Dr. Fischer?”

HOEPKEN: I assume he was a colleague of Oberregierungsrat Dr. Felber,

who specialized in these matters. Also I see they were secret letters,

and were therefore addressed to him personally.

DR. SAUTER: As far as you know, did not the Regierungspräsident

Dellbrügge report to the Defendant Von Schirach on these reports which

reached him, or have one of his officials report about them?

HOEPKEN: The Regierungspräsident reported directly to Herr Von Schirach

about matters concerning the Reich Governor and the Reich Defense

Commissioner. I was not present at these conversations; consequently I

cannot say to what extent he reported to Von Schirach on these matters.

DR. SAUTER: If the Regierungspräsident or one of his officials reported

to the Defendant Von Schirach on these reports, would that be shown in

the documents?

HOEPKEN: Probably yes. In that case the Regierungspräsident or the

officials would have had to write on them “To be filed after being

reported to the Reich Governor,” or “for further action.”

DR. SAUTER: On the documents which I submitted to you there is no such

indication?

HOEPKEN: On these documents, no.

DR. SAUTER: And on the documents which I have here, there is no such

note either. Do you conclude from this that the Defendant Von Schirach

received no report on them?

HOEPKEN: I must conclude that Von Schirach was not informed on these

matters.

DR. SAUTER: Witness, the Defendant Von Schirach was chief of the state

administration in Vienna in his capacity as Reich Governor, as well as

chief of the local administration to a certain extent as mayor, and

finally chief of the Party as Gauleiter. Now, we hear that in each of

these capacities he had a permanent representative.

I should like to know who normally administered the affairs of the Reich

Defense Commissioner and the Reich Governor; that is, the affairs of the

state administration?

HOEPKEN: I have already said that it was the Regierungspräsident, Dr.

Dellbrügge.

DR. SAUTER: And then what did the Defendant Von Schirach do in the field

of state administration?

HOEPKEN: He was given regular reports by the Regierungspräsident. Von

Schirach then made his decision, and these decisions were then carried

out by the officials or departments.

DR. SAUTER: If I understand you correctly, the Defendant Von Schirach

concerned himself only with such matters as were reported to him by the

Regierungspräsident or which were brought to his special attention in

writing; is that true?

HOEPKEN: Yes, that is true.

DR. SAUTER: Witness, were you yourself a member of the SS?

HOEPKEN: No, I was never a member of the SS.

DR. SAUTER: Of the SA?

HOEPKEN: No.

DR. SAUTER: Do you know that these three permanent representatives,

whom the Defendant Von Schirach had in Vienna, namely the

Regierungspräsident, the Deputy Gauleiter, and the Mayor, were

all three SS Führer?

HOEPKEN: Yes, I know that.

DR. SAUTER: How was that? Did the Defendant Von Schirach select these

men himself, or how do you explain the fact that all three of his

representatives were SS Führer?

HOEPKEN: The Deputy Gauleiter, Scharizer, was an honorary SS Führer and,

as far as I recall, he was Oberbefehlsleiter of the Party. When Von

Schirach came to Vienna, Scharizer had already been active for several

years in Vienna.

DR. SAUTER: As what?

HOEPKEN: As Deputy Gauleiter. I do not know when the

Regierungspräsident, Dr. Dellbrügge, came to Vienna; but I assume either

before or at about the same time as Von Schirach. Moreover, the

Regierungspräsidenten were appointed by the Ministry of the Interior, so

that I think he could hardly have had sufficient influence to refuse or

select a particular Regierungspräsident.

As for the mayor, the situation was similar.

DR. SAUTER: He was a certain Blaschke?

HOEPKEN: Yes. He was SS Brigadeführer Blaschke, he was also appointed by

the Ministry of the Interior as acting mayor.

DR. SAUTER: By the Ministry of the Interior?

HOEPKEN: Yes.

DR. SAUTER: When was that?

HOEPKEN: I believe that was in 1944, in January or February of 1944.

DR. SAUTER: Do you know that this SS Brigadeführer, or whatever he was,

this Blaschke, before the time of the Defendant Von Schirach, was active

in Vienna as a town councillor, and I believe also as vice mayor?

HOEPKEN: He was a town councillor before; and I believe he was vice

mayor before I came to Vienna.

DR. SAUTER: Do you know that the Defendant Von Schirach for a long time

opposed this SS Oberführer or Brigadeführer Blaschke being appointed

mayor of Vienna?

HOEPKEN: I should say he opposed this for about 6 or 9 months, and I

believe later he refused to allow the Minister of the Interior finally

to confirm his appointment as mayor.

DR. SAUTER: Witness, what were the relations between the Defendant Von

Schirach and the SS and the SS officers? Were they especially friendly

and cordial or what were they like?

HOEPKEN: As far as I know, Schirach associated with the SS Führer as far

as was officially necessary and no more.

DR. SAUTER: Was he friendly with SS men?

HOEPKEN: No; I do not know. In any case I knew of no such friendship.

DR. SAUTER: Did he not express to you his attitude toward the SS?

HOEPKEN: I have already said that he always had the feeling that he was

under a certain supervision from them and for that reason he was rather

distrustful.

DR. SAUTER: Distrustful of...

HOEPKEN: Of the SS.

DR. SAUTER: Witness, do you know how the Defendant Von Schirach received

his information about the foreign press and foreign press reports?

HOEPKEN: He received them from the Reich Propaganda Office in Vienna.

They were excerpts which the Propaganda Ministry issued in collaboration

with the Reich Press Chief, Dr. Dietrich. As far as I know, however,

they were selected and screened.

DR. SAUTER: Did you live for a long time with Von Schirach in Vienna?

HOEPKEN: From 1944 on I lived in Schirach’s house.

DR. SAUTER: You also took your meals with him?

HOEPKEN: Yes, I also took meals with him.

DR. SAUTER: Did not the Defendant Von Schirach obtain information from

the foreign radio?

HOEPKEN: No, I am almost certain he did not, because after every meal he

listened to the official German news services with me and a few other

co-workers. Besides, if he had done so it would in my opinion have

become known very soon for, as I said already, he had the feeling that

he was being watched.

THE PRESIDENT: Dr. Sauter, the witness can only tell us what he knows.

How could he know whether Von Schirach ever listened to any foreign

news? If he does not know, why do you not take him on to something else?

DR. SAUTER: The witness said, Mr. President, that during the latter part

of his time in Vienna, from the spring of 1944 I believe he said, he

lived in the house of the Defendant Von Schirach.

THE PRESIDENT: Yes, I know he said that, and he said that he did not

think he heard foreign news. What more can he give? What more evidence

can he give on that subject?

DR. SAUTER: I wanted to hear that, Mr. President.

THE PRESIDENT: But he said it already. I have taken it down. Why do you

not go on to something else?

DR. SAUTER: Witness, do you know that in the last weeks of the

resistance an order came to Vienna from Berlin according to which all

defeatists, whether men or women, were to be hanged? What attitude did

Schirach take toward this order?

HOEPKEN: I know that so-called courts martial were to be set up with the

purpose of speedily sentencing people who objected to the conduct of the

war or who showed themselves to be defeatists. This court martial was

set up in Vienna, or rather appointed, but it did not meet once, and

thus did not pronounce any sentences.

DR. SAUTER: Did the court martial of the Defendant Von Schirach carry on

any proceedings at all?

HOEPKEN: No, not to my knowledge.

DR. SAUTER: Do you know anything about it?

THE PRESIDENT: Dr. Sauter, that fact, again, was given in evidence by

Von Schirach and was not cross-examined to—that that court martial did

not meet.

DR. SAUTER: Witness, do you know anything about the fact that in the

last weeks an order came to form _franc-tireur_ units? What was Von

Schirach’s attitude to that?

HOEPKEN: I do not know that _franc-tireur_ units were to be formed, but

I do know that a “Freikorps Hitler” was to be formed. They were to be in

civilian clothes. Schirach ordered that no people from the Reichsgau

Vienna were to be assigned to this “Freikorps.”

DR. SAUTER: Why not?

HOEPKEN: Because at that time he considered resistance senseless.

Secondly, because he considered it contrary to international law.

DR. SAUTER: My last question to you, Witness. You were with Schirach to

the last, until he left Vienna?

HOEPKEN: Yes.

DR. SAUTER: Did Schirach give an order to destroy bridges or churches,

residential quarters, and so forth, in Vienna?

HOEPKEN: No, I do not know of that.

DR. SAUTER: What was the position he took?

HOEPKEN: That orders to blow up bridges or to take any defense measures

were given only by the military authorities, as far as I know.

DR. SAUTER: But not by Schirach?

HOEPKEN: No.

DR. SAUTER: Mr. President, I have no more questions to put to this

witness.

THE PRESIDENT: Does any other defendant’s counsel want to ask questions?

The Prosecution?

MR. DODD: Witness, would you see all of the files that were in Von

Schirach’s office during the time that you were his adjutant?

HOEPKEN: I have already told you, or I told the defense counsel, that

most of the mail went through the Central Bureau.

MR. DODD: I want to show you a document that is in evidence here and ask

you if you can tell us whether or not you have seen this before.

[_A document was handed to the witness._]

Have you ever seen that document before?

HOEPKEN: I do not know this document officially, as I see it is dated 28

May 1942, at which time I was an officer in the Luftwaffe.

MR. DODD: I see, you did not mean the Tribunal to understand that you

were familiar with everything that was in Von Schirach’s files, because

certainly this document was there during the years that you were his

adjutant. You never saw it. It is marked “Central Bureau,” and you had

charge of these very files, yet you never saw this teletype to Bormann?

So you certainly did not know everything that was in his files, did you?

HOEPKEN: I said that the majority of the mail went through my offices

but, of course, since I was not in Vienna at this time but only came to

Vienna in April 1943, I was not able to look through all the back

documents and letters in the files of the Reich Governor. That would

have taken years.

MR. DODD: Let me ask you something else. You were there in the last

days, I assume, when the city was taken by the Allied Forces, were you

not?

HOEPKEN: I was in Vienna until April 1945.

MR. DODD: What was done with Von Schirach’s files when the end was very

obviously coming? What did you do with all those files over which you

had control?

HOEPKEN: I was not in charge of any files. I was chief of the bureau,

and I...

MR. DODD: Well, you know what I mean—chief of the bureau or of the

office where these files were kept. What I want to know is what did you

do with the files?

HOEPKEN: I gave no orders in this connection.

MR. DODD: Do you know what became of the files?

HOEPKEN: No, I do not.

MR. DODD: They were taken out of the office sometime before the city was

captured; do you not know that?

HOEPKEN: No, I did not know that.

MR. DODD: Were the files there the last day that you were there?

HOEPKEN: Probably, yes.

MR. DODD: I do not want a “probably.” I want to know if you know and if

you do, to tell us. Were they there or not the last day that you were in

the office?

HOEPKEN: I gave no orders to destroy them or to remove them.

MR. DODD: I did not ask you if you gave orders. I asked you if you know

what became of them and whether or not they were in the office the last

day that you were there?

HOEPKEN: I do not know what happened to them. Nor can I say whether they

were still there on the last day.

MR. DODD: Do you not know that they were all moved to a salt mine in

Austria?

HOEPKEN: No, I do not know that.

MR. DODD: You have never heard that, or that they were taken out of the

office and were later found by the Allied Forces in a salt mine?

HOEPKEN: No, I do not know that.

MR. DODD: I do not mean that you heard they were found there, but you

certainly knew that they were taken out of the office?

HOEPKEN: No, I do not know. I also gave no orders.

MR. DODD: Well, now, let me put this proposition to you, and then

perhaps you can give an explanation of it to the Tribunal. This document

that I have just shown to you and these reports that you examined for

Dr. Sauter were all found in Schirach’s files in a salt mine. Would you

have any explanation for that?

HOEPKEN: No, I cannot explain that.

MR. DODD: They were found together. Would that mean anything to you, or

would you have any explanation for it?

HOEPKEN: No, I have not. I can only explain that by saying that probably

the Chief of the Reich Governor’s office or one of his officials who was

in charge of these things gave the order to that effect, of course

without my knowledge and without any order from me.

MR. DODD: Tell the Tribunal exactly what day you closed up your office

in Vienna, or the last day that you were in this office.

HOEPKEN: It might have been the 3d or 4th of April.

MR. DODD: When was the city taken?

HOEPKEN: I read in the newspaper afterwards that the city finally fell

into the hands of the Allies on 13 April.

MR. DODD: Did you all leave your office on the 3d or 4th of April? Did

Von Schirach leave as well, and all the clerical staff, _et cetera_?

HOEPKEN: Schirach and I and his adjutant left the office on this day, or

rather, Schirach had previously set up his office at his home and was

working there.

MR. DODD: Had he taken any files from his office to his home?

HOEPKEN: Only what he needed immediately to carry on his business; that

is, the matters which were being dealt with at the moment.

MR. DODD: Did you leave someone in charge of the files when you left

there, you and Von Schirach on the 3d of April; and if you did, who was

it that you left in charge?

HOEPKEN: I did not leave anyone to supervise. The file clerks did that

of their own accord.

MR. DODD: I am trying to understand—and I think it would be helpful to

the Tribunal—whether or not you just walked out of this office and left

everything there, or whether just you and Von Schirach left and left

other people there, or whether the place was in such chaos that nobody

remained. I have not any accurate picture of it, and I think it is of

some importance. You ought to be able to tell us. You left there with

him. What was the situation on the 3d or 4th of April? The city was

practically to be taken in another 10 days. It was under siege. There

was much confusion. What were you doing about your files and all of your

other papers in your office when you walked out of there that day? You

certainly just did not walk out and not give some directions.

HOEPKEN: I believe that we are not clear about the character of the

Central Bureau. The Central Bureau, of which I was in charge for the

last few months, had no powers, no executive powers, but all of these

things were done by the competent Reich Governor, that is, the

Regierungspräsident, and he probably...

MR. DODD: I do not need any explanation of how your office was set up. I

want to know if the papers were left there or not, or if anybody was

left with them.

HOEPKEN: The papers, as far as I know, were left there, and the

archivists were instructed to take care of them.

MR. DODD: Did you order any papers to be destroyed before you walked out

that day, the 3d or 4th of April, anything at all?

HOEPKEN: I gave no orders to destroy anything in the Reich Governor’s

Office; I had no authority to do that.

MR. DODD: Did anybody to your knowledge order anything destroyed,

whether you did or not?

HOEPKEN: Whether such an order was given and who gave it, I do not know.

MR. DODD: I have no further questions.

THE PRESIDENT: What is the document you put to him?

MR. DODD: Number USA-865. It is Document 3877-PS, a teletype to Bormann

from Von Schirach on 28 May 1942.

THE PRESIDENT: Do you want to re-examine the witness, Dr. Sauter?

DR. SAUTER: Witness, I should like to go back to what the Prosecution

just asked you.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 14 · 第 14 / 15 章