I should like to submit this as Exhibit Dönitz-102.

THE PRESIDENT: What is the difference that you were making in the copy

we have before us—“...all ships were to be sunk by day and German ships

by night...” Is that it?

FLOTTENRICHTER KRANZBÜHLER: Yes, Mr. President. It should be corrected

to read, “all German ships by day and all ships by night were to be

sunk.”

THE PRESIDENT: I see; I said it wrong—“and all ships by night.” Yes,

very well.

FLOTTENRICHTER KRANZBÜHLER: Admiral Wagner, what was the significance of

this statement and this practice so far as the German ships were

concerned?

WAGNER: It means that all German ships by day and by night in this area

were to be sunk without warning.

FLOTTENRICHTER KRANZBÜHLER: And what does it mean for the neutral ships?

WAGNER: It means that without warning all neutral ships in this area by

night...

THE PRESIDENT: Dr. Kranzbühler, surely the document speaks for itself.

We don’t need to have it interpreted by a witness who isn’t a lawyer.

FLOTTENRICHTER KRANZBÜHLER: Very well.

[_Turning to the witness._] Then, tell me, please, from what period of

time onward, according to German experiences, did this practice exist in

the Skagerrak?

WAGNER: With certainty from 8 April 1940, but I believe I recall that

even on 7 April this practice was already in existence.

FLOTTENRICHTER KRANZBÜHLER: Had this area at this period of time, that

is, the 7th or 8th of April, already been declared a danger zone?

WAGNER: No, the first declaration of danger zone for this area took

place on 12 April 1940.

FLOTTENRICHTER KRANZBÜHLER: Now I shall have a sea-chart handed to you

dealing with the British danger zones, and this shall be Dönitz-92.

Please explain the significance of this chart briefly to the Tribunal.

WAGNER: This chart shows the danger zones in European waters as declared

by England on the basis of German data. The following areas are of

special significance:

First of all, the area in the Bay of Helgoland which on 4 September

1939, that is, on the second day of the war, was declared dangerous.

Then the afore-mentioned danger zone, Skagerrak and the area south of

Norway, which was declared on 12 April 1940. Then the danger zone in the

Baltic, on 14 April 1940; and following upon that, the other danger

zones as declared in the course of the year 1940.

I should like to remark also that, according to my recollection, these

danger zones were all declared mine danger zones, with the exception of

the Channel zone and of the Bay of Biscay, on 17 August 1940. These were

generally dangerous zones.

FLOTTENRICHTER KRANZBÜHLER: Were these areas actually dominated by the

British sea and air forces, or did German traffic still continue?

WAGNER: In these areas there was even very lively German traffic. Thus

the Baltic Sea, which in its entire expanse from East to West, about 400

nautical miles in length, had been declared a danger zone, was in

reality controlled by us during the entire war. In this area there was

an extensive freight traffic, the entire ore traffic from Sweden and the

corresponding exports to Sweden.

FLOTTENRICHTER KRANZBÜHLER: Was there only traffic of German ships or

also of neutral ships?

WAGNER: This traffic was in German and Swedish ships, but other neutrals

also participated in this traffic, for instance, Finland. A similar

situation applied in the Skagerrak where, besides the German supply

traffic, a large part of the foodstuffs for the Norwegian population was

transported. Of course, during this time both German and neutral ships

were lost.

FLOTTENRICHTER KRANZBÜHLER: I assume, therefore, that both German and

neutral seamen lost their lives. Is that correct?

WAGNER: Of course, personnel losses took place as well.

FLOTTENRICHTER KRANZBÜHLER: Were the German merchantmen, at the time

when these operational zones were declared, armed—that is, at the end

of 1939 or the beginning of 1940?

WAGNER: Until the middle of 1940 German merchantmen were not at all

armed. From then on they were comparatively slightly armed, especially

with antiaircraft weapons.

Transport ships of the Navy had always been armed, that is, government

ships, which supplied German cruisers and auxiliary cruisers in the

Atlantic.

FLOTTENRICHTER KRANZBÜHLER: Now I shall submit to you a document of the

Prosecution, Exhibit GB-193, which is found in the Prosecution’s

document book on Page 29. This document deals with a proposal by the

Commander of the U-boats that “...in the Channel, ships with blacked-out

lights may be sunk without warning.” Can you tell me just whose ideas we

are dealing with in the statements set forth in this document?

WAGNER: From the signature found in this document it appears that we are

concerned with a document by a U-boat expert in the Naval Operations

Staff.

FLOTTENRICHTER KRANZBÜHLER: Who was that?

WAGNER: Lieutenant Fresdorf, who was my subordinate.

FLOTTENRICHTER KRANZBÜHLER: Are these statements in accord with the

actual circumstances and were they approved by the Naval Operations

Staff, or just what was the situation?

WAGNER: Here we are concerned with the rather romantic ideas of a young

expert, ideas which were in no way commensurate with the situation. The

situation was rather as follows: At this time, that is, in September

1939, the second wave of the British Expeditionary Corps left England

for France. The transports ran mostly during the night and were blacked

out. At this same time an order existed according to which French ships

were neither to be stopped nor attacked; this was still in force for

political reasons.

It is quite obvious that at night a blacked-out French ship cannot be

told from a blacked-out English ship, just as at night a merchant ship

cannot, or only with difficulty, be told from a warship.

These orders, therefore, meant that at night, in order to avoid a

mistake, practically no shooting could be done, and therefore the

English troop transport was entirely unhampered. This brought about

really grotesque situations. It was ascertained that a German U-boat in

a favorable position of attack let a fully-loaded English troop

transport ship of 20,000 tons pass by, since there was the possibility

of making a mistake. The Naval Operations Staff agreed completely with

the commanders of the U-boats that no naval war could be carried on in

this manner. If a blacked-out ship sails in a belligerent area, better

still, in an area where there is a large supply and troop transport

traffic, it is liable to suspicion and cannot expect the war to be

halted at night for its sake.

Therefore it was not a question of our explaining or excusing ourselves

for sinking a ship without warning because we had mistaken it, but the

obvious fact at hand was that the blacked-out ship alone was to blame if

it was not properly recognized and was sunk without warning.

FLOTTENRICHTER KRANZBÜHLER: In these notes we find that the commanders

of U-boats, when sinking a merchant ship without warning, were required

to make the notation in their log that they had taken it for a warship

and that an order, a verbal order, to this effect was to be given to the

commanders of the U-boats. Is that correct, and was it done in actual

practice?

WAGNER: No, we never did anything like that.

FLOTTENRICHTER KRANZBÜHLER: Was the Flag Officer of the U-boats given

strict and clear orders that blacked-out ships at night in the Channel

might be attacked without warning?

WAGNER: Yes. This clear order was issued, but nothing more.

FLOTTENRICHTER KRANZBÜHLER: If the statements of this young officer are

not correct, and if no orders were issued accordingly, how is it that

these things can be found in the War Diary of the Naval Operations

Staff?

WAGNER: This paper is not a direct part of the War Diary of the Naval

Operations Staff. The War Diary itself, in which the daily happenings

were recorded, was signed by me, by the Chief of Staff of the Naval

Operations Staff, and by the Commander-in-Chief of the Navy. Here we are

concerned with the entry of an expert which was destined for a file

collection and motivated by the War Diary.

FLOTTENRICHTER KRANZBÜHLER: That means, then, that the considerations

and opinions of experts were collected and filed no matter whether they

were approved of or put into actual practice?

WAGNER: Yes. All of these files were collected for later purposes.

FLOTTENRICHTER KRANZBÜHLER: Did the Naval Operations Staff receive news

of the incidents which happened after the sinking of the _Laconia_, and

did it approve of the measures taken by the Commander of the U-boats?

WAGNER: The Naval Operations Staff, then as always, listened in on all

the wireless messages of the Commander-in-Chief in the _Laconia_ case.

It approved of the measures taken by him, but it would not have been at

all surprised if the Commander of the U-boats had stopped the entire

rescue work at the very first air attack upon the U-boats.

FLOTTENRICHTER KRANZBÜHLER: Did the Naval Operations Staff know of the

order of the Commander of the U-boats, dated 17 September, in which

rescue work by U-boats was expressly prohibited?

WAGNER: This order given by the Commander of the U-boats was also heard

by wireless.

FLOTTENRICHTER KRANZBÜHLER: Was this order interpreted by the Naval

Operations Staff to the effect that it was to be an order for the

shooting of shipwrecked people?

WAGNER: No; no one ever had this idea.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, at this point I should like

to put several questions to the witness which have a bearing on the

credibility of the statements made by the witness Heisig. But I should

like to ask in advance whether there are any objections to my putting

these questions, since my documents referring to the witness Heisig were

not ruled admissible.

THE PRESIDENT: Was the object of the questions which you were offering

to put to this witness to show that the witness Heisig was not a witness

who could be believed upon his oath? Was that your object?

FLOTTENRICHTER KRANZBÜHLER: The general object is to show how the

testimony of this witness originated; that is, the testimony which was

submitted to the Court.

THE PRESIDENT: What do you mean by “originated”?

FLOTTENRICHTER KRANZBÜHLER: That is to say, what influence on the

witness Heisig forms the basis of this testimony.

THE PRESIDENT: What is the exact question you wanted to ask? You may

state it, and we will let the witness wait until we have seen what the

question is.

FLOTTENRICHTER KRANZBÜHLER: I should like to ask the witness, “Did the

witness Heisig report to you about the manner in which his affidavit,

which was submitted to the High Tribunal as evidence by the Prosecution,

originated?”

THE PRESIDENT: The question that you put, as I took it down, was: What

did the witness Heisig report to you about the way his affidavit came

about? Is that the question?

FLOTTENRICHTER KRANZBÜHLER: Yes, Your Honor.

THE PRESIDENT: What are you purporting to prove by getting the reports

that Heisig may have made to this witness?

FLOTTENRICHTER KRANZBÜHLER: I should like to prove therewith, Mr.

President, that Heisig was under a certain influence, that is, that he

wrongly assumed that he could help a comrade through his testimony.

THE PRESIDENT: Who applied for Heisig’s affidavit?

FLOTTENRICHTER KRANZBÜHLER: I did not understand, Mr. President.

THE PRESIDENT: Heisig has given an affidavit, has he not?

FLOTTENRICHTER KRANZBÜHLER: Yes.

THE PRESIDENT: That was for the Prosecution, was it?

FLOTTENRICHTER KRANZBÜHLER: That is right.

THE PRESIDENT: And have you asked to cross-examine him?

FLOTTENRICHTER KRANZBÜHLER: I interrogated him about this affidavit, Mr.

President.

THE PRESIDENT: You did?

FLOTTENRICHTER KRANZBÜHLER: Yes, I did question him; and I called his

attention to the contradictions between his affidavit and his testimony

here in Court.

SIR DAVID MAXWELL-FYFE: My Lord, I have not read the transcript on this

point for about 10 days. But I did read it then, and my recollection is

that it was never suggested to the witness Heisig that he gave his

affidavit under pressure, which I gather is the suggestion now. Your

Lordship will remember that although we had the affidavit, we called the

witness Heisig. He said that what was in his affidavit was true; and

then he gave his evidence, giving a detailed account of all the relevant

matters. So we made it perfectly possible for Dr. Kranzbühler to

cross-examine him at the time and to show any differences, as Dr.

Kranzbühler just said he purported to do, between the affidavit and his

oral evidence.

THE PRESIDENT: Dr. Kranzbühler has just said, I think, that he did

actually cross-examine him.

SIR DAVID MAXWELL-FYFE: He did cross-examine him on that point—on any

differences that appeared between his affidavit and his oral testimony.

But he was here to be cross-examined, and if it is going to be suggested

that the affidavit was obtained by improper means, that suggestion ought

to have been made at the time, and then it could have been dealt with.

My Lord, I object to its coming in at this stage, after the witness

Heisig has been away, and therefore no opportunity has been given to us

either to investigate the matter or to have the evidence there, which

could have been done when Heisig gave his evidence; and we could have

been prepared for any contradictory evidence now.

My Lord, as a matter of strictness, surely, if I may put it that way,

there are two distinct lines. If it was a question of whether Heisig’s

evidence was admissible or whether it had been obtained under pressure,

then it would be quite possible to have this trial within a trial as to

whether it was admissible or not. But if this evidence is, broadly,

merely directed to the credibility of Heisig’s evidence, then I

respectfully submit it falls within the same objections I made on

Saturday to general evidence directed against the credibility of a

witness.

THE PRESIDENT: I do not think it is suggested that there was any

pressure put by the Prosecution upon Heisig. I do not understand that

that is what you are suggesting, Dr. Kranzbühler, is it?

FLOTTENRICHTER KRANZBÜHLER: No, no pressure; but the picture as drawn

was not true.

SIR DAVID MAXWELL-FYFE: I understood Dr. Kranzbühler—if I misunderstood

him, so much the easier—I understood him to say that he wanted to give

this evidence as to certain influence. I thought that was the word used.

THE PRESIDENT: I think he meant, not influence exerted by the

Prosecution, but exerted by a mistaken notion in the witness’ own mind

that he was helping a friend.

SIR DAVID MAXWELL-FYFE: I see. My Lord, then that merely goes to

credibility and it does then fall within my general objection; that is,

if we are going to have evidence as directed on credibility, we go on

_ad infinitum_.

THE PRESIDENT: Dr. Kranzbühler, the Tribunal will allow this question to

be put in this particular instance, but they make no general rule as to

the admissibility of such questions.

FLOTTENRICHTER KRANZBÜHLER: Thank you very much, Mr. President.

Admiral Wagner, in December you were in the prison here together with

the witness Heisig. Is that correct?

WAGNER: Yes, from the first until the fifth of December.

FLOTTENRICHTER KRANZBÜHLER: And what did Heisig tell you about the

underlying considerations of his affidavit?

WAGNER: He told me the following personally: At the interrogation he had

been told that Lieutenant Hoffmann, officer of the watch of

Kapitänleutnant Eck, had testified that at that time he had listened to

the speech by Admiral Dönitz at Gotenhafen in the autumn of 1942, and

that he had considered this as a demand for the killing of survivors of

shipwrecks. Heisig had been told:

“If you confirm this testimony of Hoffmann, then you will save

not only Eck and Hoffmann, but also two others who would have

been sentenced to death. You will prevent any kind of judicial

proceeding against Captain Möhle from being instituted. Of

course, you will thus incriminate Grossadmiral Dönitz but the

material against Admiral Dönitz is of such tremendous weight

that his life has been forfeited anyway.”

Further he told me, and without prompting, that at that time, on the

occasion of the speech by the Admiral Dönitz, he had been deeply

distressed. He had just returned from Lübeck, where he had experienced

and seen the frightful consequences of an air attack; that is he had

perhaps not experienced it, but at least he had seen the consequences.

His mind was set on revenge for these brutal measures, and he considered

it possible that this emotional state might have influenced his

interpretation of Grossadmiral Dönitz’ speech.

FLOTTENRICHTER KRANZBÜHLER: Now we shall turn to a different point.

THE PRESIDENT: Sir David.

SIR DAVID MAXWELL-FYFE: Yes, My Lord.

THE PRESIDENT: If the Prosecution desire to do so, they can, of course,

recall Heisig for the purpose of investigating this further.

SIR DAVID MAXWELL-FYFE: If Your Lordship pleases, Heisig is no longer

here; that is the difficulty when this is done in this order. However,

we can consider the matter, My Lord, and we are grateful to the Tribunal

for the permission.

THE PRESIDENT: Is Heisig not in custody? Is that what you mean?

SIR DAVID MAXWELL-FYFE: Yes, My Lord, he is no longer in custody.

FLOTTENRICHTER KRANZBÜHLER: He is studying medicine at Munich; he can be

very easily reached.

SIR DAVID MAXWELL-FYFE: Thank you.

FLOTTENRICHTER KRANZBÜHLER: From when on were you admiral for special

tasks attached to the Commander-in-Chief of the Navy and what were your

tasks in that capacity?

WAGNER: From the end of June 1944 onward, and the purpose of my

assignment was the following: After the success of the Anglo-Saxon

invasion in northern France, Admiral Dönitz counted on an increased

tension in the military situation. He believed that one day he might be

forced to leave the Naval Operations Staff, either to remain permanently

at the Führer’s headquarters, or at least for a longer period of time,

in order to keep up with the development of the entire war situation, or

because a transfer of the Naval Operations Staff might be necessary

because of the increasingly heavy air attacks on Berlin. For this

purpose the Grossadmiral wanted an older and experienced naval officer

in his immediate vicinity, an officer who was well-versed in the

problems of sea warfare and who was acquainted with the duties and tasks

of the Naval Operations Staff.

My mission was, therefore, a sort of liaison between the

Commander-in-Chief of the Navy, the Naval Operations Staff and the other

offices of the High Command for the duration of the Grossadmiral’s

absence from the High Command.

FLOTTENRICHTER KRANZBÜHLER: Did you accompany the Grossadmiral regularly

on his visits to the Führer’s headquarters?

WAGNER: Yes; from the period mentioned I was present regularly.

FLOTTENRICHTER KRANZBÜHLER: Now I hand you a list of these visits which

has been submitted by the Prosecution as GB-207. This may be found in

the document book of the Prosecution on Page 56. Please look at this

list and tell me whether the dates recorded there are essentially

correct.

WAGNER: The dates are essentially correct. At the end the list is not

complete, for the period from 3—no; from 10 April until 21 April 1945

is missing. On that day the Grossadmiral participated for the last time

at the conferences in the Führer’s headquarters. Beyond that, it seems

to me that the list of the people present is incomplete. I also do not

know according to what point of view or with what idea in mind this was

compiled.

FLOTTENRICHTER KRANZBÜHLER: If you carefully examine this list of

people, can you tell me whether Admiral Dönitz was always with these

people on the dates mentioned, or does this mean only that these persons

were at the Führer’s headquarters at the same time he was? Can you still

recall these points?

WAGNER: Yes. If these people participated in the military conferences,

then Admiral Dönitz at least saw them. Of course, people in high

positions were frequently at the Führer’s headquarters who did not

participate in the military conferences and whom the Grossadmiral did

not see unless he had special conversations with them.

FLOTTENRICHTER KRANZBÜHLER: For what reason did Admiral Dönitz...

SIR DAVID MAXWELL-FYFE: My Lord, upon this point, if the witness is

saying that any one of these minutes is incomplete, I should be very

grateful if he would specify it, because we can get the original German

minutes here and confirm the affidavit.

FLOTTENRICHTER KRANZBÜHLER: I believe the witness said only that

additional people participated in these discussions and that, at the

end, some of the conferences are lacking. However, I do not know just

what details I should question him about. Perhaps the Prosecution will

deal with that matter later in cross-examination?

THE PRESIDENT: But Sir David wants him to specify which are the ones, if

he can.

FLOTTENRICHTER KRANZBÜHLER: Very well.

[_Turning to the witness._] Can you tell me more specifically as to any

one of these dates, whether those present are correctly named or whether

there were other people present, or whether Grossadmiral Dönitz was not

present?

WAGNER: I can tell you exactly that this list is incorrect because it

never occurred that neither Field Marshal Keitel nor Generaloberst Jodl

was present at the headquarters. For example, on 4 March 1945 neither

one of these men is mentioned, nor on 6 March or 8 March. Therefore I

conclude that this list cannot be complete. In other places, however,

the name of Jodl appears; for example, on 18 March 1945.

FLOTTENRICHTER KRANZBÜHLER: The decisive point seems to be whether

Admiral Dönitz was present in the Führer’s headquarters on all of these

days. Can you confirm that point?

WAGNER: Of course, from memory I cannot confirm that with reference to

every single day. However, I am under the impression that the list is

correct in that connection, for the frequency of the visits of the

Grossadmiral corresponds with the notes in this list, and spot checks

show me that the dates are correct.

FLOTTENRICHTER KRANZBÜHLER: Why did Grossadmiral Dönitz come to the

Führer’s headquarters? What were the reasons?

WAGNER: The chief reason for the frequent visits, which became even more

frequent toward the end of the war, was the desire to keep up with the

development of the general war situation so that he, Dönitz, could lead

the Navy and carry on the naval war accordingly. Beyond that, questions

usually came up which the Admiral could not decide for himself out of

his own authority and which, because of their importance, he wanted to

bring up personally or to discuss with the representatives of the OKW

and of the General Staff.

FLOTTENRICHTER KRANZBÜHLER: In each of these cases was there a personal

report of the Grossadmiral to the Führer?

WAGNER: This is what happened: Most of the problems and reports for the

Führer were taken care of during the conference in connection with the

Admiral’s report on the naval warfare situation.

FLOTTENRICHTER KRANZBÜHLER: One moment. Was the Admiral always present

at the military conferences when he was at the headquarters?

WAGNER: The Admiral took part at least in the discussion of the main

session every day.

FLOTTENRICHTER KRANZBÜHLER: And what is the main session?

WAGNER: At noon every day there was a military conference which lasted

several hours. This was the main conference. In addition, for months,

sessions, including special sessions, were held in the evening or at

night, at which the Admiral participated only when very important

matters were to be discussed—matters of special importance for the

conduct of the war. Then, as I said, he participated.

FLOTTENRICHTER KRANZBÜHLER: Now you say that most of the questions which

the Grossadmiral had to put to the Führer were taken care of at the

military conference. Were there any personal reports besides this?

WAGNER: Personal reports on the part of the Grossadmiral to Hitler took

place very seldom; on the other hand, personal discussions with the OKW

and the other military offices at the headquarters took place daily.

FLOTTENRICHTER KRANZBÜHLER: Now, I would like to know something more in

detail about this so-called “Lagebesprechung,” the conferences.

The Prosecution seem to consider this as a sort of War Cabinet at which,

for instance, Ribbentrop would report about foreign policies, Speer

about questions of production, Himmler about security questions. Is this

a correct picture? Who took part in these sessions, what people

participated regularly and who attended only once in a while?

WAGNER: The participants at the conferences were generally the

following:

Regular participants: from the OKW, Field Marshal Keitel, General Jodl,

General Buhle, Post Captain Assmann, Major Büchs, and a few more Chiefs

of Staff. Then the Chief of the General Staff of the Army with one or

two aides, and as a rule also the Chief of the General Staff of the Air

Force with one aide. Further regular participants were: the Chief of the

Army Personnel Office, who was Chief Adjutant to the Führer; General

Bodenschatz, until 20 July 1944; Vice Admiral Voss who was the permanent

deputy of the Grossadmiral; Gruppenführer Fegelein, as Himmler’s

permanent deputy; Ambassador Hewel; Minister Sonnleitner, permanent

deputy of the Foreign Minister; Reich Press Chief Dr. Dietrich.

Frequently the following participated: the Commander-in-Chief of the

Luftwaffe; less frequently, Himmler. In addition to these there was a

varying participation on the part of special officers, mainly from the

General Staff of the Army, and on the part of higher front commanders of

the Army and of the Air Force who happened to be in headquarters. Beyond

that, toward the end of the war Reich Minister Speer in his capacity as

Armament Minister also participated in an increasing measure, and in

rare cases the Reich Foreign Minister Von Ribbentrop, both as listeners

at the conferences. I believe that is the complete list.

FLOTTENRICHTER KRANZBÜHLER: Who reported at these conferences and what

was reported on?

WAGNER: These sessions were for the sole purpose of informing Hitler

about the war situation—about the Eastern situation through the General

Staff of the Army, and through the OKW about the situation in all other

theaters of war and concerning all three branches of the Wehrmacht. The

report took place as follows:

First of all, the Chief of General Staff of the Army reported about the

Eastern situation; then Generaloberst Jodl reported on the situation in

all other theaters of war on land. Next, Post Captain Assmann of the OKW

reported on the naval situation. In between, frequent, often hour-long,

conversations took place which dealt with special military problems,

panzer problems, aerial problems and such. And after the aerial problems

were dealt with the discussion was at an end, and we left the room. I

frequently saw that Ambassador Hewel went in to Hitler with a batch of

reports, apparently from the Foreign Office, and reported on them

without the rest of us knowing what they contained.

FLOTTENRICHTER KRANZBÜHLER: In these conferences was there voting or was

there consultation, or who gave the orders?

WAGNER: In these conferences all military questions were discussed and

frequently decisions were reached by the Führer, that is, if no further

preparations were necessary for a decision.

FLOTTENRICHTER KRANZBÜHLER: What for example did the Foreign Minister

Von Ribbentrop do there when he was present?

WAGNER: I only saw Foreign Minister Von Ribbentrop perhaps five or six

times at these conferences, and I cannot remember that he ever said

anything during the entire session. He was only present at the

conference for his own information.

FLOTTENRICHTER KRANZBÜHLER: How about Minister Speer, what did he do?

WAGNER: Minister Speer also very seldom brought in armament problems

during the discussion. I know that questions of armament were always

discussed between Hitler and Speer in special discussions. However, some

exceptions may have occurred.

FLOTTENRICHTER KRANZBÜHLER: What was Himmler doing there, or his

permanent deputy Fegelein? Did they discuss questions of security, or

what was their mission?

WAGNER: No. During the military conference security problems were never

discussed. Himmler and his deputy appeared very frequently in connection

with the Waffen-SS, and Fegelein had always to give reports about the

setup, organization, arming, transportation and engagement of the SS

divisions. At this time the SS divisions, according to my impression,

still played a very important part, for ostensibly they represented a

strategic reserve and were much discussed.

FLOTTENRICHTER KRANZBÜHLER: I have a record of the meeting which was

written by you. It has the Number GB-209. It is not found in the

document book. It says in the third paragraph—and I am just reading one

sentence:

“The Deputy of the Reichsführer-SS at the Führer’s headquarters,

SS Gruppenführer Fegelein, transmits the request of the

Reichsführer as to when he can count on the arrival of the

‘Panther’”—those are tanks—“coming from Libau.”

Is this typical of SS Gruppenführer Fegelein’s work?

WAGNER: Yes. That was the kind of questions which were dealt with at

every one of these sessions.

FLOTTENRICHTER KRANZBÜHLER: At the end of the war Kaltenbrunner appeared

several times also. Did he speak or report?

WAGNER: I cannot remember one single utterance on Kaltenbrunner’s part

during one of these military conferences.

FLOTTENRICHTER KRANZBÜHLER: What role did Admiral Dönitz play at the

session discussions?

WAGNER: Even when Grossadmiral Dönitz was present the naval situation

was reported by the deputy from the OKW, Commodore Assmann. However, the

Admiral used this occasion to present, in connection with the individual

theaters of war, or in summary at the end, those questions which he had

in mind. The Admiral was neither asked nor did he give any opinion on

questions dealing with air or land warfare which had no connection with

the conduct of the naval war. In his statements he strictly confined

himself to the sphere of the Navy, and very energetically objected if

someone else during the session tried to interfere in questions of naval

warfare.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, I have come to a break. If

the Tribunal agrees to declare a recess...

THE PRESIDENT: Very well. We will adjourn.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: The Tribunal will adjourn this afternoon at 4:30 in order

to sit in closed session.

FLOTTENRICHTER KRANZBÜHLER: Admiral Wagner, as time went on a close

relationship developed between Admiral Dönitz and Adolf Hitler. Was this

due to the fact that the Admiral was particularly ready to comply with

the Führer’s wishes?

WAGNER: No, not at all. Admiral Dönitz’ activity as Commander-in-Chief

of the Navy began with a very strong opposition to Hitler. It was

Hitler’s intention to scrap the large ships of the Navy, that is to say,

the remaining battleships and cruisers. Admiral Raeder had already

rejected that plan.

FLOTTENRICHTER KRANZBÜHLER: That story is already known, Admiral. You

need not go into it in detail.

WAGNER: Very well. Apart from that, Hitler’s respect for Dönitz was due

to the fact that every statement which the Admiral made was absolutely

reliable and absolutely honest. The Admiral attached particular

importance to the fact that particularly unfavorable developments,

failures, and mistakes were to be reported at headquarters without

digression, objectively, and simply. As an example, I should like to

mention that the Admiral had given me the order...

THE PRESIDENT: I do not think we need examples of that sort of thing.

Surely the general statement is quite sufficient.

FLOTTENRICHTER KRANZBÜHLER: Did the Admiral in any way show himself

particularly willing to comply with the Führer’s political wishes or

those of the Party?

WAGNER: No. Such wishes of the Party were, in my opinion, only put to

the Navy in three cases. One was the question of the churches, which for

the most part came up during the time of Admiral Raeder. I think it is

generally known that the Navy retained its original religious

organization and, in fact, extended it as the Navy grew.

The second request made by the Party was that, modeled on the Russian

example, political commissars should be set up within the Armed Forces.

On that occasion Admiral Dönitz went to see Hitler and prevented the

carrying out of that plan. When after 20 July 1944 Bormann nevertheless

succeeded in getting the so-called “NSFO”—the National Socialist

Leadership Officers—introduced into the Armed Forces, it did not happen

in the way the Party wished, by appointing political commissars. It was

merely done by using officers who were under the jurisdiction of the

commander and who could not in any way interfere with the leadership of

the troops. The third case was the intention on the part of the Party to

take away from, the Armed Forces the political penal cases.

FLOTTENRICHTER KRANZBÜHLER: This case is also already known, Admiral.

You kept the records of the visits at the Führer’s headquarters, is that

correct?

WAGNER: Yes.

FLOTTENRICHTER KRANZBÜHLER: A number of these records have been

introduced as evidence in this Court. Will you please explain to the

Tribunal what was the purpose of keeping these records of visits of

commanders-in-chief to the Führer’s headquarters?

WAGNER: The Chief of the Naval Operations Staff, the Chief of the Naval

Armaments, and the Chief of the General Navy Department—that is to say,

the three leading men in the High Command of the Navy—were to be

informed by means of these records of all happenings which took place in

the presence of the Admiral, as far as they were of any interest to the

Navy. That was one of my tasks.

FLOTTENRICHTER KRANZBÜHLER: You have just said “informed about

happenings which took place in the presence of the Admiral.” Does that

mean that he himself must have heard everything that has been put down

in these records?

WAGNER: Not necessarily. It happened quite frequently that during

situation reports, when they took place in a large room and when

subjects were discussed which did not interest him so much, the Admiral

would retire to another part of the room and deal with some business of

his own or discuss Navy questions with other participants in the

meeting. It was possible that on such occasions I heard things and put

them down in the record which the Admiral himself did not hear. But, of

course, he would know about them later when he saw my record.

FLOTTENRICHTER KRANZBÜHLER: I am going to have shown to you one of your

own records of discussions on 20 February 1945. It is Exhibit Number

GB-209, and it is on Page 68 of the document book of the Prosecution.

This deals with considerations regarding the renouncing of the Geneva

Convention. Will you please describe exactly what happened as you

remember it?

WAGNER: Approximately two or three days before the date in this

record—in other words, on or about 17 or 18 February 1945—Admiral Voss

telephoned me from headquarters, which at that time was situated in

Berlin, and informed me that in connection with Anglo-Saxon propaganda

to induce our troops to desert in the West, Hitler had stated his

intention to leave the Geneva Convention.

FLOTTENRICHTER KRANZBÜHLER: What did he hope to achieve?

WAGNER: According to my first impression at the time, the intention was

evidently to express to the troops and the German people that captivity

would no longer bring any advantage. Thereupon, I immediately telephoned

to the Naval Operations Staff, since I considered the intention to be

completely wrong, and I asked them for a military opinion and an opinion

from the point of view of international law.

On the 19th, when taking part in the situation discussion, Hitler once

more referred to this question, but this time not in connection with

happenings on the western front; but in connection with the air attacks

by the western enemies on open German towns—attacks had just been made

on Dresden and Weimar.

He ordered the Admiral to examine the effects of leaving the Geneva

Convention from the point of view of naval warfare. An immediate answer

was not expected and it was not given. Generaloberst Jodl was also quite

strongly opposed to these intentions and he sought the Admiral’s

support. Thereupon it was agreed to have a conference and that is the

conference which is mentioned in the record under Figure 2.

FLOTTENRICHTER KRANZBÜHLER: That is the conference of 20 February,

Admiral?

WAGNER: Yes.

FLOTTENRICHTER KRANZBÜHLER: Who participated in that conference?

WAGNER: Admiral Dönitz, Generaloberst Jodl, Ambassador Hewel, and

myself.

FLOTTENRICHTER KRANZBÜHLER: What was the subject?

WAGNER: The subject was the Führer’s intention of renouncing the Geneva

Convention. The result was the unanimous opinion that such a step would

be a mistake. Apart from military consideration we especially held the

conviction that by renouncing the Geneva Convention both the Armed

Forces and the German people would lose confidence in the leadership,

since the Geneva Convention was generally considered to be the

conception of international law.

FLOTTENRICHTER KRANZBÜHLER: In your notes there is a sentence, “One

would have to carry out the measures considered necessary without

warning and at all costs ‘to save face’ with the outer world.” What is

the significance of that sentence?

WAGNER: That sentence means that on no account should there be any

irresponsible actions. If the leaders considered it necessary to

introduce countermeasures against air attacks on open German towns, or

against the propaganda for desertion in the West, then one should

confine oneself to such countermeasures which appear necessary and

justifiable. One should not put oneself in the wrong before the world

and one’s own people by totally repudiating all the Geneva Conventions

and announce measures which went far beyond what appeared to be

necessary and justifiable.

FLOTTENRICHTER KRANZBÜHLER: Were any concrete measures discussed in this

connection or were any such measures even thought of?

WAGNER: No. I can remember very well that no specific measures were

discussed at all during the various conferences. We were mainly

concerned with the total question of whether to repudiate the Geneva

Convention or not.

FLOTTENRICHTER KRANZBÜHLER: Did you ever learn anything about a

so-called intention on Adolf Hitler’s part to shoot 10,000 prisoners of

war as a reprisal for the air attack on Dresden?

WAGNER: No, I have never heard anything about that.

FLOTTENRICHTER KRANZBÜHLER: The expression “to save face”—doesn’t that

mean secrecy, hiding the true facts?

WAGNER: In my opinion it was certain that there was no question of

secrecy, for neither the countermeasures against air attacks nor the

measures of intimidation against desertion could be effective if they

were concealed.

FLOTTENRICHTER KRANZBÜHLER: How long did this whole conversation which

you recorded last?

WAGNER: Will you please tell me which conversation you mean?

FLOTTENRICHTER KRANZBÜHLER: The discussion of 20 February which contains

the sentences which I have just read to you.

WAGNER: It took perhaps ten minutes or a quarter of an hour.

FLOTTENRICHTER KRANZBÜHLER: So that your record is a very brief

condensed summary of the conversation?

WAGNER: Yes, it only contains the important points.

FLOTTENRICHTER KRANZBÜHLER: Did Admiral Dönitz also submit his

objections to the Führer?

WAGNER: As far as I recollect, it never reached that point. One became

convinced that Hitler, as soon as he put his questions to the Admiral,

could gather from the Admiral’s expression and the attitude of the

others that they rejected his plans. We passed our views on to the High

Command of the Armed Forces in writing and heard no more about the whole

matter.

FLOTTENRICHTER KRANZBÜHLER: I am now going to show you another record

which is submitted under GB-210. It is on the next page of the document

book of the Prosecution and it refers to conferences at the Führer’s

headquarters from 29 June to 1 July 1944.

You will find an entry under the date of 1 July which reads, “In

connection with the general strike in Copenhagen, the Führer says that

terror can be subdued only with terror.” Was this statement made during

a conversation between Hitler and Admiral Dönitz or in which connection?

WAGNER: This is a statement made by Hitler during a situation discussion

and addressed neither to Admiral Dönitz nor to the Navy.

FLOTTENRICHTER KRANZBÜHLER: Well, if it was not addressed to the Navy,

then why did you include it in your record?

WAGNER: I included in my record all statements which could be of any

interest to the Navy. The High Command of the Navy was, of course,

interested in the general strike in Copenhagen because our ships were

repaired in Copenhagen; and apart from that Copenhagen was a naval base.

FLOTTENRICHTER KRANZBÜHLER: And to whom did you pass this record? Who

received it?

WAGNER: According to the distribution list on Page 4, the paper went

only to the Commander-in-Chief and department 1 of the Naval Operations

Staff.

FLOTTENRICHTER KRANZBÜHLER: Did the Naval Operations Staff have anything

to do with the treatment of shipyard workers in Denmark?

WAGNER: No, nothing at all. From 1943 on the shipyards were entirely

under the Ministry of Armaments.

FLOTTENRICHTER KRANZBÜHLER: The Prosecution sees in this statement and

its transmission to a department of the OKW an invitation to deal

ruthlessly with the inhabitants. Does that in any way tally with the

meaning of this record?

WAGNER: There can be no question of that. The only purpose of this

record was to inform the Departments of the High Command.

FLOTTENRICHTER KRANZBÜHLER: I am now going to have another document

shown to you. It is Exhibit Number USA-544. It is in the document book

of the Prosecution on Pages 64 and 65. It is a note by the international

law expert in the Naval Operations Staff regarding the treatment of

saboteurs. Do you know this note?

WAGNER: Yes. I have initialed it on the first page.

FLOTTENRICHTER KRANZBÜHLER: At the end of that note you will find the

sentence:

“As far as the Navy is concerned, it should be investigated

whether the occurrence cannot be used, after reporting to the

Commander-in-Chief of the Navy, to make sure that the treatment

of members of Commando troops is absolutely clear to all the

departments concerned.”

Was this report made to Admiral Dönitz who at that time had been

Commander-in-Chief of the Navy for ten days?

WAGNER: No, that report was not made, as the various remarks at the head

of it will show.

FLOTTENRICHTER KRANZBÜHLER: Will you explain that, please?

WAGNER: The international law expert in the Naval Operations Staff IA

made this suggestion through the Operations Office IA to me as Chief of

the Operational Department. The chief of the IA Section in a handwritten

notice beside his initials, wrote, “The subordinate commanders have been

informed.” That means that he had objected to the proposal of the

international law expert and considered that an explanation of the

orders within the Navy was superfluous. I investigated these matters and

I decided that the operations officer was right. I sent for the

international law expert, Dr. Eckardt, informed him orally of my

decision, and returned this document to him. Thus the suggestion to

report to the Commander-in-Chief of the Navy made in connection with the

explanation of this order was not actually carried out.

FLOTTENRICHTER KRANZBÜHLER: Can you remember whether Admiral Dönitz on

some later occasion received reports on this Commando order?

WAGNER: No, I have no recollection of that.

FLOTTENRICHTER KRANZBÜHLER: I have submitted to you GB-208, which is a

record regarding the case of a motor torpedo boat at Bergen. It is the

case which is contained in the British document book on Pages 66 and 67.

Have you ever heard about this incident before this Trial?

WAGNER: No. I heard about it for the first time on the occasion of

interrogations in connection with these proceedings.

FLOTTENRICHTER KRANZBÜHLER: I gather from the files of the British

court-martial proceedings, which have been submitted by the Prosecution

during cross-examination, that before the shooting of the crew of that

motor torpedo boat there had been two telephone conversations, between

the Chief of the Security Service in Bergen and the SD at Oslo, and

between the SD at Oslo and Berlin. Can you recollect whether such a

conversation took place between the SD at Oslo and yourself or one of

the representatives in the High Command?

WAGNER: I certainly had no such conversation, and as far as I know

neither did any other officer in my department or in the High Command.

FLOTTENRICHTER KRANZBÜHLER: Do you consider it at all possible that the

SD at Oslo might get in touch with the High Command of the Navy?

WAGNER: No, I consider that quite out of the question. If the SD in Oslo

wanted to get in touch with a central department in Berlin then they

could only do so through their own superior authority, and that is the

RSHA.

FLOTTENRICHTER KRANZBÜHLER: I now put to you another document; it is

Exhibit GB-212 which appears on Page 75 of the document book of the

Prosecution. It mentions an example of a commandant of a German

prisoner-of-war camp and it says he had communists who had attracted

attention among the inmates suddenly and quietly removed by the guards.

Do you know of this incident?

WAGNER: Yes, such an episode is known to me. I think we received the

report from a prisoner-of-war—a man who had been severely injured and

who had been exchanged—that the German commandant of a prisoner-of-war

camp in Australia, in which the crew of the auxiliary cruiser _Cormoran_

were detained, had secretly had a man of his crew killed because he had

been active as a spy and traitor.

FLOTTENRICHTER KRANZBÜHLER: But this order does not mention the word

“spy.” It says “communist.” What is the explanation?

THE PRESIDENT: It does not say “communist.” It says “communists” in the

plural.

FLOTTENRICHTER KRANZBÜHLER: “Communists,” plural.

WAGNER: In my opinion the only explanation is that the true state of

affairs was to be concealed so as to prevent the enemy intelligence from

tracing the incident and making difficulties for the senior sergeant in

question. Thus, a different version was chosen.

FLOTTENRICHTER KRANZBÜHLER: It was the opinion of the Soviet Prosecution

that this showed there was a plan for the silent removal of communists.

Can you tell us anything about the origin of this order, whether such a

plan existed and whether it had ever come under discussion?

WAGNER: First of all the order was addressed to those personnel offices

which were responsible for choosing young potential officers and

noncommissioned officers in the Navy. There were about six or seven

personnel offices. Beyond that I can only say that of course...

FLOTTENRICHTER KRANZBÜHLER: Just a moment, Admiral, please.

THE PRESIDENT: Dr. Kranzbühler, is it necessary to go into all this

detail? The question is, was there an order with reference to making

away with the people of this sort or was there not—not all the details

about how the order came to be made.

FLOTTENRICHTER KRANZBÜHLER: In that case I shall put the question this

way: Was there any order or any desire in the Navy to kill communists

inconspicuously and systematically?

WAGNER: No, such an order or such a plan did not exist. Of course, there

were a considerable number of communists in the Navy. That was known to

every superior officer. The overwhelming majority of those communists

did their duty as Germans just as any other German in the war.

FLOTTENRICHTER KRANZBÜHLER: Admiral Dönitz has been accused by the

Prosecution because as late as the spring of 1945 he urged his people to

hold out obstinately to the end. The Prosecution considers that evidence

of the fact that he was a fanatical Nazi. Did you and the majority of

the Navy consider this to be so?

WAGNER: No, the Admiral’s attitude was not considered to be political

fanaticism. To them it meant that he was carrying out his ordinary duty

as a soldier to the last. I am convinced that this was the view of the

great majority of the entire Navy, the men and the noncommissioned

officers as well as the officers.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, I have no further questions

to put to this witness.

THE PRESIDENT: Does any other defendant’s counsel want to ask any

questions?

DR. SIEMERS: Admiral Wagner, you have already briefly sketched the

positions you have held. In supplementing I should like to make quite

sure who held a leading position in the Naval Operations Staff under

Grossadmiral Raeder in the decisive years before and after the outbreak

of the war. Who was the Chief of Staff during the two years before the

war, and at the beginning of the war?

WAGNER: The Chief of Staff of the Naval Operations Staff from 1938 until

1941 was Admiral Schniewind. From 1941 until after Raeder’s retirement

it was Admiral Fricke.

DR. SIEMERS: Those, therefore, were the two officers who worked in the

highest posts under Admiral Raeder in the Naval Operations Staff?

WAGNER: They were the immediate advisers of the Admiral.

DR. SIEMERS: And the Naval Operations Staff had several departments?

WAGNER: Yes, it consisted of several departments, which were given

consecutive numbers.

DR. SIEMERS: And which was the most important department?

WAGNER: The most important department of the Naval Operations Staff was

the Operations Department, which was known as Number 1.

DR. SIEMERS: And the other departments, 2, 3—what did they do?

WAGNER: They were the Signals and Communications Department and the

Information Department.

DR. SIEMERS: Who was the chief of the Operations Department?

WAGNER: From 1937 until 1941 it was Admiral Fricke. From 1941 until

after Raeder’s retirement I was the chief of that department.

DR. SIEMERS: In other words, for many years you worked under Admiral

Raeder. First of all I should like to ask you to speak briefly about

Raeder’s basic attitude during the time you were working in the Naval

Operations Staff.

WAGNER: Under Admiral Raeder the Navy was working for a peaceful

development in agreement with Britain. The foremost questions were those

regarding the type of ships, training, and tactical schooling. Admiral

Raeder never referred to aggressive wars during any conference which I

attended. Nor did he at any time ask us to make any preparations in that

direction.

DR. SIEMERS: Do you remember that in 1940 and in 1941 Raeder declared

himself emphatically against a war with Russia?

WAGNER: Yes, he was very strongly opposed to a war with Russia, and that

for two reasons; first, he considered that to break the treaty of

friendship with Russia was wrong and inadmissible, and secondly, for

strategic reasons he was convinced that our entire strength should be

concentrated against Britain. When in the autumn of 1940 it appeared

that the invasion of Britain could not be carried out, the Admiral

worked for a strategy in the Mediterranean to keep open an outlet

against Britain’s policy of encirclement.

DR. SIEMERS: The Navy had rather a lot to do with Russia during the

friendship period between Russia and Germany in the way of deliveries.

As far as you know did everything in that respect run smoothly?

WAGNER: Yes, I know that a large number of deliveries from the Navy

stocks went to Russia; for instance, uncompleted ships, heavy guns, and

other war material.

DR. SIEMERS: And the Navy, of course, always made efforts to maintain

the friendly relations laid down in the Pact?

WAGNER: Yes, that was the Admiral’s opinion.

DR. SIEMERS: Admiral Wagner, Admiral Raeder has been accused by the

Prosecution that he had never bothered about international law and that

he broke international law conventions as a matter of principle if it

suited him. Can you express a general opinion about Raeder’s attitude in

that respect?

WAGNER: Yes; that is completely wrong. Admiral Raeder considered it most

important that every measure for naval warfare should be examined from

the point of view of international law. For that purpose we had a

special expert on international law in the Naval Operations Staff with

whom we in the Operations Department had almost daily contact.

DR. SIEMERS: Furthermore, Raeder has been accused by the Prosecution of

advising a war against the United States and trying to get Japan to go

to war with the United States. May I ask for your opinion on that?

WAGNER: I consider this charge completely unjustified. I know that

Admiral Raeder attached particular importance to the fact that all naval

war measures—especially in the critical year of 1941—were to be

examined very closely as to the effects they might have on the United

States of America. In fact he refrained from taking quite a number of

militarily perfectly justified measures in order to prevent incidents

with the U.S.A. For instance, in the summer of 1941 he withdrew the

submarines from a large area off the coast of the U.S.A. although that

area could certainly be regarded as the open sea. He forbade mine-laying

action which had already begun against the British port of Halifax,

Canada, to prevent, at all costs, the possibility of a United States

ship striking a mine. And finally, he also forbade attacks on British

destroyers in the North Atlantic because the fifty destroyers which had

been turned over to England by the United States created the dangerous

possibility of confusing the British and American destroyers. All this

was done at a time when the United States, while still at peace,

occupied Iceland, when British warships were being repaired in American

shipyards, when American naval forces had orders that all German units

should be reported to the British fleet, and when finally President

Roosevelt in July 1941 gave his forces the order to attack any German

submarines they sighted.

DR. SIEMERS: Did Admiral Raeder ever make a statement in the Naval

Operations Staff that there was no risk in a war against America and

that the fleet or the American submarines were not much good?

WAGNER: No, Admiral Raeder as an expert would never have made such a

statement.

DR. SIEMERS: On the contrary, did not Raeder expressly speak of the

strength of the American fleet and that one could not fight

simultaneously two such great sea-powers as America and Great Britain?

WAGNER: Yes, it was perfectly clear to him and to us that America’s

entry into the war would mean a very substantial strengthening of the

enemy forces.

DR. SIEMERS: Now on one occasion Admiral Raeder suggested in his war

diary that Japan should attack Singapore. Was there any discussion about

Pearl Harbor in connection with that in the Naval Operations Staff?

WAGNER: No, not at all. The attack by the Japanese on Pearl Harbor was a

complete surprise, both to the Admiral and to the Naval Operations Staff

and, in my opinion, to every other German department.

DR. SIEMERS: Were there no continuous naval-military discussions and

conferences between Japan and Germany?

WAGNER: No, before Japan’s entry into the war there were no military

discussions according to my conviction.

DR. SIEMERS: I should now like to show you Document C-41, Mr. President,

this is Exhibit GB-69. Later on, the British Delegation will submit it

in Document Book 10a for Raeder. I do not know whether the Tribunal

already has it. It is as yet not contained in the trial brief against

Raeder. In the newly compiled: Document Book 10a, it is on Page 18.

THE PRESIDENT: You can offer it in evidence now, if you want to, so you

can put it to the witness.

DR. SIEMERS: The Prosecution has submitted it; yes.

THE PRESIDENT: Very well.

DR. SIEMERS: This concerns a document signed by Admiral Fricke, and it

is dated 3 June 1940. It is headed “Questions of Expansion of Areas and

Bases.” That document contains detailed statements on future plans.

[_Turning to the witness._] I should like to ask you if Raeder gave the

order to prepare this memorandum or how did this memorandum come to be

written?

WAGNER: Admiral Raeder did not give the order to draft this memorandum.

This constitutes the personal, theoretical ideas of Admiral Fricke

regarding the possible developments in the future. They are quite

fantastic, and they had no practical significance.

DR. SIEMERS: Was this study or this note talked about or discussed in

any large group in the Naval Operations Staff?

WAGNER: No, in my opinion only the Operations officers had knowledge of

this document, which by its very form shows that it is not a

well-thought-out study made by order of Grossadmiral Raeder but an _ad

hoc_ jotting-down of thoughts which occurred to Admiral Fricke at the

moment.

DR. SIEMERS: Was this study or this document passed on to any outsiders

at all?

WAGNER: I think I can remember that this document was not sent to any

outside office but remained in the Operations Department. The

Grossadmiral, too, in my opinion did not have knowledge of it,

particularly since this document shows that he did not initial it.

DR. SIEMERS: You have a photostat copy of that document?

WAGNER: Yes.

DR. SIEMERS: Are there any other initials on it which might show that it

was put before Admiral Raeder? How was this sort of thing generally

handled in the Naval Operations Staff?

WAGNER: Every document that was to be put before the Admiral had on its

first page in the left margin a note: “v.A.v.,” which means “to be

submitted before dispatch,” or “n.E.v.,” “to be submitted after

receipt,” or else “to be reported during situation reports.” And then at

that place the Admiral would initial it with a green pencil, or the

officers of his personal staff would make a note indicating that it had

been submitted to him.

DR. SIEMERS: And there are no such marks on this document?

WAGNER: No.

DR. SIEMERS: I should like to show you Document C-38, which is a

document of the Prosecution bearing the number Exhibit GB-223. It is

contained in the Prosecution’s document book on Raeder, Page 11.

The war between Germany and Russia began on 22 June 1941. According to

the last page but one of the document which you have before you, the OKW

as early as 15 June—a week before the outbreak of the war—ordered the

use of arms against enemy submarines south of the Memel line, the

southern tip of Oeland, at the request of the Naval Operations Staff.

The Prosecution is basing the accusation on this document and once more

referring to an aggressive war. Unfortunately, the Prosecution has only

submitted the last page of this document. It did not produce the first

and second page of the document. If it had done so, then this accusation

would probably have been dropped. May I read to you, Witness, what is

contained there; and I quote:

“On 12 June at 2000 hours one of the submarines placed as

outposts on both sides of Bornholm, as precautionary measure,

reported at 2000 hours an unknown submarine in the vicinity of

Adlergrund (20 miles southwest of Bornholm) which had surfaced

and was proceeding on a westerly course and which answered a

recognition signal call with a letter signal which had no

particular significance.”

That ends the quotation.

May I ask you to explain what it means that this submarine did not reply

to the recognition signal call?

WAGNER: In time of war the warships of one’s own fleet have an

arrangement of recognition signals; that is to say, the recognition

signal has a call and a reply which immediately identifies the ship as

belonging to one’s own fleet. If a recognition signal is wrongly

answered, it proves that it is a foreign vessel.

DR. SIEMERS: As far as you can remember, were there any other clues

showing that ships appeared in the Baltic sea which were recognized as

enemy ships?

WAGNER: Yes. I remember that there were individual cases where unknown

submarines were observed off the German Baltic ports. Subsequently it

was found, by comparing the stations of our own submarines, that these

were indeed enemy vessels.

DR. SIEMERS: Were these facts the reason which caused the Naval

Operations Staff to ask for the use of weapons?

WAGNER: Yes, these very facts.

DR. SIEMERS: A similar case has been made the subject of an accusation

in connection with Greece. It has been ascertained here in Court from

the War Diary that on 30 December 1939 the Naval Operations Staff asked

that Greek ships in the American blockade zone around Great Britain

should be treated as hostile. Since Greece was neutral at the time,

there has been an accusation against Raeder of a breach of neutrality.

May I ask you to tell us the reasons which caused the Naval Operations

Staff and the Chief, Raeder, to make such a request to the OKW?

WAGNER: We had had news that Greece had placed the bulk of its merchant

fleet at the disposal of England and that these Greek vessels were

sailing under British command.

DR. SIEMERS: And it is correct that Greek vessels in general were not

treated as hostile, but only vessels in the American blockade zone

around England?

WAGNER: Yes.

DR. SIEMERS: The next case, which is somewhat similar, is that which

occurred in June 1942, when the Naval Operations Staff made an

application to the OKW to be allowed to attack Brazilian ships, although

Brazil at that time was still a neutral. The war with Brazil started

some two months later on 22 August. What reasons were there for such a

step?

WAGNER: We were receiving reports from submarines from the waters around

South America, according to which they were being attacked by ships

which could only have started from Brazilian bases. The first thing we

did was to refer back and get these questions clarified and confirmed.

Moreover, I think I can remember personally that at that time it was

already generally known that Brazil was giving the use of sea and air

bases to the United States with whom we were at war.

DR. SIEMERS: So that this was due to a breach of neutrality on the part

of Brazil?

WAGNER: Yes.

DR. SIEMERS: I should like to submit to you Documents C-176 and D-658.

Document C-176 has the number Exhibit GB-228. These two documents are

based on the Commando Order, that is, the order to destroy sabotage

troops. The Prosecution has charged Raeder with an incident which

occurred in December 1942 in the Gironde estuary at Bordeaux. In

Document C-176, on the last page, you will find something which I would

like to quote.

“Shooting of the two captured Englishmen took place by a

firing-squad, numbering one officer and 16 men, detailed by the

port commander at Bordeaux, in the presence of an officer of the

SD and by order of the Führer.”

Previous entries, which I do not want to quote separately and which

portray the same things, show that the SD had intervened directly and

had got into direct touch with the Führer’s headquarters.

I now ask you whether the Naval Operations Staff had heard anything at

all about this matter before these two prisoners were shot, or whether

they knew anything about this direct order from Hitler which is

mentioned in this connection?

WAGNER: The Naval Operations Staff had nothing to do with a direct order

for the shooting of people in Bordeaux. The Naval Operations Staff knew

the tactical course of events of this sabotage undertaking in Bordeaux

and nothing at the time beyond that.

DR. SIEMERS: Therefore, this case was not put to the Naval Operations

Staff or to Admiral Raeder, and it was not discussed by them?

WAGNER: Yes. I am certain that that was not the case.

DR. SIEMERS: Mr. President, may I ask the Tribunal to take notice of the

fact that this war diary is by no means the war diary which has been

frequently mentioned, the War Diary of the Naval Operations Staff, but

the war diary of the Naval Commander west, and was therefore unknown to

the Naval Operations Staff. That is why the Naval Operations Staff did

not know of this case.

THE PRESIDENT: You are referring now to Document C-176?

DR. SIEMERS: Yes, and also to D-658, which is the War Diary of the Naval

Operations Staff.

THE PRESIDENT: What was the reference to it?

DR. SIEMERS: This is D-658, which shows the following: According to the

OKW communiqué, these two soldiers had in the meantime been shot. The

measure would be in keeping with the special order by the Führer. That

has been submitted by the Prosecution, and it shows—and I shall refer

to this later—that the Naval Operations Staff knew nothing about the

entire episode because this shows an entry dated 9 December, whereas the

whole affair happened on the 11th.

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

[_A recess was taken._]

DR. SIEMERS: Admiral, I am now submitting to you Document UK C-124.

Mr. President, C-124 corresponds to USSR-130. This document deals with a

communication from the Naval Operations Staff, dated 29 September 1941,

addressed to Group North, and it deals with the future of the city of

Petersburg. This report to Group North says that the Führer had decided

to wipe the city of Petersburg from the face of the earth. The Navy

itself had nothing to do with that report. Despite that, this report was

sent to Group North.

Witness, I will return to this point, but I, would like to ask you

first—you have a photostatic copy of the original—to tell me whether

Raeder could have seen this document before it was dispatched?

WAGNER: According to my previous statements Admiral Raeder did not see

this document since there are no marks or initials to that effect.

DR. SIEMERS: And now the more important question on this point. In view

of the terrible communication which is mentioned by Hitler in Point 2,

why did the Naval Operations Staff transmit it even though the Navy

itself had nothing to do with it?

WAGNER: The Naval Operations Staff had asked that in bombarding,

occupying or attacking Leningrad the dockyards, wharf installations, and

all other special naval installations be spared so that they might be

used as bases later on. That request was turned down by Hitler’s

statement as contained in this document, as can be seen from Point 3.

We had to communicate this fact to Admiral Carls so that he could act

accordingly and because in the case of a later occupation of Leningrad

he could not count on this port as a base.

DR. SIEMERS: Because of the significance of this testimony, I would like

to quote to the Tribunal the decisive point to which the witness just

referred, and that is III of USSR-130. I quote:

“The original requests of the Navy to spare the dock, harbor,

and other installations important from the Navy viewpoint are

known to the High Command of the Wehrmacht. Compliance with

these requests is not possible, because of the fundamental aim

of the action against Petersburg.”

That was the decisive point which the SKL told Admiral Carls as

commander of Group North.

WAGNER: That was the sole reason for this communication.

DR. SIEMERS: Do you know whether Admiral Carls did anything with this

document? Did he transmit it to any one, or do you not know anything

about that?

WAGNER: As far as I am informed, this communication was not passed on;

and it was not the intention that it should be passed on for it was

meant solely for Group North. On the strength of this document, Admiral

Carls stopped the preparations which had already been made for using the

Leningrad naval installations later on and made the personnel available

for other purposes. That is the only measure which the Navy took on the

basis of this communication and the only measure which could have been

taken.

DR. SIEMERS: I should tell the Tribunal that accordingly I will submit,

under Number 111 in my Document Book Raeder, an affidavit which contains

this fact, which the witness also points out, that nothing was passed on

by Group North so that the commanding naval officers never learned of

this document.

This concerns an affidavit by Admiral Bütow who at that time was

Commander-in-Chief in Finland, and I shall come back to this point when

I present the case on behalf of Admiral Raeder.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 13 · 第 28 / 42 题