I omit the next sentence and I continue:

“Among that portion of the working classes which is not

communistically inclined, this is scarcely denied; at the same

time it is pointed out that the attitude of Germany towards the

Poles is not any better.”

Please note the next sentence:

“It is said that there are concentration camps at Auschwitz and

Maidanek where likewise the mass murder of Poles is carried out

systematically.”

How can one reconcile this part of your report which mentions Auschwitz

and Maidanek, where mass murder took place, with your statement that you

heard of Maidanek only at the end of 1944. Well, your report is dated

June 1943; you mentioned there both Maidanek and Auschwitz.

FRANK: With reference to Maidanek we were talking about the

extermination of Jews. The extermination of Jews in Maidanek became

known to me during the summer of 1944. Up to now the word “Maidanek” has

always been mentioned in connection with extermination of Jews.

MR. COUNSELLOR SMIRNOV: Consequently, we are to understand—I refer to

the text submitted to you—that in May 1943 you heard of the mass murder

of Poles in Maidanek, and in 1944 you heard of the mass murder of Jews?

FRANK: I beg your pardon? I heard about the extermination of the Jews at

Maidanek in 1944 from the official documents in the foreign press.

MR. COUNSELLOR SMIRNOV: And you heard of the mass killings of the Poles

in 1943?

FRANK: That is contained in my memorandum, and I protest: these are the

facts as I put them before the Führer.

MR. COUNSELLOR SMIRNOV: I will ask that another document be shown to

you. Do you know this document, are you acquainted with it?

FRANK: It is a decree dated 2 October 1943. I assume that the wording

agrees with the text of the original decree.

MR. COUNSELLOR SMIRNOV: Yes, it is in full agreement with the original

text. In any case your defense counsel can follow the text and will be

able to verify it. I have to ask you one question. What do you think of

this law signed by you?

FRANK: Yes, it is here.

MR. COUNSELLOR SMIRNOV: You were President of the Reich Academy of Law.

From the standpoint of the most elementary standards of law, what do you

think of this law signed by you?

THE PRESIDENT: Have you got the number of it?

MR. COUNSELLOR SMIRNOV: It is Exhibit USSR-335, Mr. President.

FRANK: This is the general wording for a court-martial decree. It

provides that the proceedings should take place in the presence of a

judge, that a document should be drawn up, and that the proceedings

should be recorded in writing. Apart from that I had the power to give

pardons, so that every sentence had to be submitted to me.

MR. COUNSELLOR SMIRNOV: I would like you to tell us how this court for

court-martial proceedings was composed, who the members of this court

were. Would you please pay attention to Paragraph 3, Point 1 of

Paragraph 3?

FRANK: The Security Police, yes.

MR. COUNSELLOR SMIRNOV: You were telling us of your hostile attitude to

the SD. Why then did you give the SD the right to exert oppression on

the Polish population?

FRANK: Because that was the only way in which I could exert any

influence on the sentences. If I had not published this decree, there

would have been no possibility of control; and the Police would simply

have acted at random.

MR. COUNSELLOR SMIRNOV: You spoke of the right of reprieve which was

entrusted to you. Would you please note Paragraph 6 of this law. I

remind you that a verdict of a summary court-martial by the SD was to be

put into effect immediately according to the text. I remind you again

that there was only one possible verdict: “death.” How could you change

it if the condemned person was to be shot or hanged immediately after

the verdict?

FRANK: The sentence would nevertheless have to come before me.

MR. COUNSELLOR SMIRNOV: Yes, but a sentence had to be carried out

immediately.

FRANK: Those were the general instructions which I had issued in

connection with the power given me to grant reprieves, and the committee

which dealt with reprieves was constantly sitting. Files were sent in...

MR. COUNSELLOR SMIRNOV: Since you have spoken of the right to reprieve,

I will put to you another question. Do you remember the AB Action?

FRANK: Yes.

MR. COUNSELLOR SMIRNOV: Do you remember that this action signified the

execution of thousands of Polish intellectuals?

FRANK: No.

MR. COUNSELLOR SMIRNOV: Then what did it signify?

FRANK: It came within the framework of the general action of appeasement

and it was my plan to eliminate, by means of a properly regulated

procedure, arbitrary actions on the part of the Police. This was the

meaning of that action.

MR. COUNSELLOR SMIRNOV: I do not understand very well what you mean. How

did you treat persons who were subject to the AB Action? What happened

to them?

FRANK: This meeting really only dealt with the question of arrests.

MR. COUNSELLOR SMIRNOV: I ask you what happened to them later?

FRANK: They were arrested and taken into protective custody.

MR. COUNSELLOR SMIRNOV: And then?

FRANK: Then they were subjected to the proceedings which had been

established. At least, that is what I intended.

MR. COUNSELLOR SMIRNOV: Was this left to the Police exclusively?

FRANK: The Police were in charge.

MR. COUNSELLOR SMIRNOV: In other words, the Police took over the

extermination of these people after they had been arrested, is that so?

FRANK: Yes.

MR. COUNSELLOR SMIRNOV: Well, then tell us, please, why you did not

exercise your power of reprieve while they were carrying out this

inhuman action?

FRANK: I did make use of it.

MR. COUNSELLOR SMIRNOV: I will put before you your statement, dated 30

May 1940. You certainly remember this meeting with the Police on 30 May

1940, when you gave final instructions to the police before carrying out

this action?

FRANK: No.

MR. COUNSELLOR SMIRNOV: You stated the following:

“Any attempt on the part of the legal authorities to intervene

in the AB Action, undertaken with the help of the Police, should

be considered as treason to the State and to German interests.”

Do you remember this statement?

FRANK: I do not remember it, but you must take into account all the

circumstances which spread over several weeks. You must consider the

statement in its entirety and not seize upon one single sentence. This

concerns a development which went on for weeks and months, in the course

of which the reprieve committee was established by me for the first

time. That was my way of protesting against arbitrary actions and of

introducing legal justice in all these proceedings. That is a

development extending over many weeks, which you cannot, in my opinion,

summarize in one sentence.

MR. COUNSELLOR SMIRNOV: I am speaking of words which in my opinion can

have only one meaning for a jurist. You wrote:

“The reprieve committee which is part of my office is not

concerned with these matters. The AB Action will be carried out

exclusively by Higher SS and Police Leader Krüger and his

organization. This is a purely internal action for quieting the

country which is necessary and lies outside the scope of a

normal legal trial.”

That is to say you renounced your right of pardon?

FRANK: At that particular moment; but if you follow the further

development of the AB Action during the following weeks you will see

that this never became effective. That was an intention, a bad

intention, which, thank God, I gave up in time. Perhaps my defense

counsel will be able to say a few words on the subject later.

MR. COUNSELLOR SMIRNOV: One single question interests me. Did you

renounce your right of pardon while carrying out this operation or not?

FRANK: No.

MR. COUNSELLOR SMIRNOV: Well then, how can you account for your words,

this one sentence: “The reprieve committee is not concerned with these

matters.”?

How should we interpret these words?

FRANK: This is not a decree; it is not the final ruling on the matter.

It is a remark which was made on the spur of the moment and was then

negotiated on for days. But one must recognize the final stage of the

development, and not merely the various motives as they came up during

the development.

MR. COUNSELLOR SMIRNOV: Yes, I understand that very well, Defendant. But

I would like to ask you, was this statement made during a conference

with the Police and did you instruct the Police in that matter?

FRANK: Not during that meeting. I assume it came up in some other

connection. Here we discussed only this one action. After all, I also

had to talk to State Secretary Bühler.

MR. COUNSELLOR SMIRNOV: Well, all right. While discussing the AB Action

with the Police you stated that the results of this action would not

concern the reprieve committee which was subordinated to you, is that

right?

FRANK: That sentence is contained in the diary. It is not, however, the

final result, but rather an intermediate stage.

MR. COUNSELLOR SMIRNOV: Perhaps I can recall to you another sentence, in

order that you may judge the results of this action. Perhaps you can

recall this part which I will put to you. You stated the following:

“We need not bring these elements into German concentration

camps, for in that case we would only have difficulties and an

unnecessary correspondence with their families. We must simply

liquidate matters in the country, and in the simplest way.”

What you mean is that this would simply be a question of liquidation in

the simplest form, is that not so?

FRANK: That is a terrible word. But, thank God, it did not take place in

this way.

MR. COUNSELLOR SMIRNOV: Yes, but these persons were executed. What do

you mean by saying that this was not carried out? Obviously this was

carried out, for the persons were executed.

FRANK: When they were sentenced they were killed, if the right to pardon

them was not exercised.

MR. COUNSELLOR SMIRNOV: And they were condemned without application of

the right of pardon?

FRANK: I do not believe so.

MR. COUNSELLOR SMIRNOV: Unfortunately these people are no more, and

therefore obviously they were executed.

FRANK: Which people?

MR. COUNSELLOR SMIRNOV: Those who were arrested under the AB Action. I

will remind you of another excerpt connected with this AB Action. If you

did not agree with the Police with regard to certain police actions it

would be difficult to explain the celebrations in connection with the

departure of Brigadeführer SS Streckenbach when he left for Berlin. Does

this not mean that you were at least on friendly terms with the Police?

FRANK: In connection with political relations many words of praise are

spoken which are not in keeping with the truth. You know that as well as

any other person.

MR. COUNSELLOR SMIRNOV: I will allow myself to remind you of only one

passage of your speech addressed to the Brigadeführer Streckenbach, one

sentence only. You said:

“What you, Brigadeführer Streckenbach, and your people, have

done in the Government General must not be forgotten; and you

need not be ashamed of it.”

That testifies, does it not, to quite a different attitude toward

Streckenbach and his people?

FRANK: And it was not forgotten either.

MR. COUNSELLOR SMIRNOV: I have no further questions to put to the

defendant.

THE PRESIDENT: Does that conclude the cross-examination?

MR. DODD: I have only one or two questions, if Your Honor pleases.

[_Turning to the defendant._] In the course of your examination I

understood you to say that you had never gathered to yourself any of the

art treasures of the Government General. By that I do not suppose you to

mean that you did not have them collected and registered; you did have

them collected and registered, isn’t that so?

FRANK: Art treasures in the Government General were officially collected

and registered. The book has been submitted here in Court.

MR. DODD: Yes. And you told the Tribunal that before you got there one

Dürer collection had already been seized—before you took over your

duties.

FRANK: May I ask you to understand that as follows:

These were the Dürers which were removed in Lvov before the civilian

administration was set up there. Herr Mühlmann went to Lvov at the time

and took them from the library. I had never been in Lvov before that.

These pictures were then taken directly to the Führer headquarters or to

Reich Marshal Göring, I am not sure which.

MR. DODD: They were collected for Göring, that is what I am driving at.

Is that not a fact?

FRANK: State Secretary Mühlmann, when I asked him, told me that he came

on orders of the Reich Marshal and that he had taken them away on orders

of the Reich Marshal.

MR. DODD: And were there not some other art objects that were collected

by the Reich Marshal, and also by the Defendant Rosenberg, at the time

you told the Tribunal you were too busy with war tasks to get involved

in that sort of thing?

FRANK: I know of nothing of that sort in the Government General. The

Einsatzstab Rosenberg had no jurisdiction in the Government General; and

apart from the collection of the composer Elsner and a Jewish library

from Lublin I had no official obligation to demand the return of any art

treasures from Rosenberg.

MR. DODD: But there were some art treasures in your possession when you

were captured by the American forces.

FRANK: Yes. They were not in my possession. I was safeguarding them but

not for myself. They were also not in my immediate safekeeping; rather I

had taken them along with me from burning Silesia. They could not be

safeguarded any other way. They were art treasures which are so widely

known that they are Numbers 1 to 10 in the list in the book—no one

could have appropriated them. You cannot steal a “Mona Lisa.”

MR. DODD: Well, I merely wanted to clear that up. I knew you had said on

interrogation there were some in your possession. I am not trying to

imply you were holding them for yourself, if you were not. However, I

think you have made that clear.

FRANK: I should like to remark in this connection, since I attach

particular importance to the point, that these art treasures with which

we are concerned could be safeguarded only in this way. Otherwise they

would have been lost.

MR. DODD: Very well. I have one other matter I would like to clear up

and I will not be long.

I understood you also to say this morning that you had struggled for

some time to effect the release of the Kraków professors who were seized

and sent to Oranienburg soon after the occupation of Poland. Now, of

course, you are probably familiar with what you said about it yourself

in your diary, are you?

FRANK: Yes, I said so this morning. Quite apart from what is said in the

diary, what I said this morning is the truth. You must never forget that

I had to speak among a circle of deadly enemies, people who reported

every word I said to the Führer and Himmler.

MR. DODD: Well, of course, you recall that you suggested that they

should have been retained in Poland, and liquidated or imprisoned there.

FRANK: Never—not even if you confront me with this statement. I never

did that. On the contrary, I received the professors from Kraków and

talked to them quietly. Of all that happened I regretted that most of

all.

MR. DODD: Perhaps you do not understand me. I am talking about what you

wrote in your own diary about these professors, and I shall be glad to

read it to you and make it available to you if you care to contest it.

You are not denying that you said they should either be returned for

liquidation in Poland, or imprisoned in Poland, are you? You do not deny

that?

FRANK: I have just told you that I did say all that merely to hoodwink

my enemies; in reality I liberated the professors. Nothing more happened

to them after that.

MR. DODD: All right.

Were you also talking for special purposes when you gave General Krüger,

the SS and Higher Police official, that fond farewell?

FRANK: The same applies also in this case. Permit me to say, sir, that I

admit without reservation what can be admitted; but I have also sworn to

add nothing. No one can admit any more than I have done by handing over

these diaries. What I am asking is that you do not ask me to add

anything to that.

MR. DODD: No, I am not asking you to add anything to it; rather, I was

trying to clear it up, because you’ve made a rather difficult situation,

perhaps, for yourself and for others. You see, if we cannot believe what

you wrote in your diary, I don’t know how you can ask us to believe what

you say here. You were writing those things yourself, and at the time

you wrote them I assume you didn’t expect that you would be confronted

with them.

THE PRESIDENT: Does he not mean that this was a record of a speech that

he has made?

MR. DODD: In his diary, yes. It is recorded in his diary.

THE PRESIDENT: When he said, “I did that to hoodwink my enemies”?

MR. DODD: Yes.

THE PRESIDENT: I presume that that particular record is a record of some

speech that he made.

MR. DODD: It is. It is entered in the diary.

FRANK: May I say something about that. It wasn’t that I put myself in a

difficult position; rather the changing course of the war made the

situation difficult for every administrative official.

MR. DODD: Finally, do you recall an entry in your diary in which you

stated that you had a long hour and a half talk with the Führer and that

you had...

FRANK: When was the last conference, please?

MR. DODD: Well, this entry is on Monday, the 17th of March 1941. It’s in

your diary.

FRANK: That was probably one of the very few conferences; whether I was

alone with him, I don’t know.

MR. DODD: ...in which you said you and the Führer had come to a complete

agreement and that he approved all the measures, including all the

decrees, especially also the entire organization of the country. Would

you stand by that today?

FRANK: No, but I might say the following: The Führer’s approval was

always very spontaneously given, but one always had to wait a long while

for it to be realized.

MR. DODD: Was that one of the times you complained to him, as you told

us this morning?

FRANK: I constantly complained. As you know, I offered to resign on 14

occasions.

MR. DODD: Yes, I know; but on this occasion did you make many complaints

and did you have the approval of the Führer, or did he turn down your

complaints on this occasion of the 17th of March, 1941?

FRANK: The Führer took a very simple way out at the time by saying,

“You’ll have to settle that with Himmler.”

MR. DODD: Well, that isn’t really an answer. You’ve entered in your

diary that you talked it out with him and that he approved everything,

and you make no mention in your diary of any disappointment over the

filing of a complaint. Surely, this wasn’t a speech that you were

recording in your diary; it seems to be a factual entry on your

conversations with the Führer. And my question is simply, do you now

admit that that was the situation, or are you saying that it was a false

entry?

FRANK: I beg your pardon, I didn’t say that I made false entries. I

never said that, and I’m not going to argue about words. I am merely

saying that you must judge the words according to the entire context. If

I emphasized in the presence of officials that the Führer received me

and agreed to my measures, then I did that to back up my own authority.

I couldn’t do that without the Führer’s agreement. What my thoughts

were, is not made clear from this. I should like to emphasize that I’m

not arguing about words and have not asked to do that.

MR. DODD: Very well, I don’t care to press it any further.

THE PRESIDENT: Dr. Seidl, do you wish to re-examine?

DR. SEIDL: Witness, the first question put to you by the Soviet

Prosecutor was whether you were the chief of the NSDAP in the Government

General, and you answered “yes.” Did the Party have any decisive

influence in the Government General on political and administrative

life?

FRANK: No. The Party as an organization in that sphere was, of course,

only nominally under my jurisdiction, for all the Party officials were

appointed by Bormann without my being consulted. There is no special

Führer decree for the spheres of activity of the NSDAP in the occupied

territories, in which it says that these spheres of activity are

directly under Reichsleiter Bormann’s jurisdiction.

DR. SEIDL: Did your activity in that sphere of the NSDAP in the

territory of the Government General have anything at all to do with any

Security Police affairs?

FRANK: No, the Party was much too small to play any important part; it

had no state function.

DR. SEIDL: The next question: The Soviet Prosecution showed you Document

USSR-335. It is the Decree on Drumhead Courts-Martial of 1943. It states

in Paragraph 6: “Drumhead court-martial sentences are to be carried out

at once.” Is it correct if I say that no formal legal appeal against

these sentences was possible, but that a pardon was entirely admissible?

FRANK: Certainly; but, nevertheless, I must say that this decree is

impossible.

DR. SEIDL: What conditions in the Government General occasioned the

issuing of this decree of 2 October 1943? I am thinking in particular of

the security situation.

FRANK: Looking back from the more peaceful conditions of the present

time, I cannot think of any reason which might have made such a demand

possible; but if one recalls the events of war, and the universal

conflagration, it seems to have been a measure of desperation.

DR. SEIDL: I now come back to the AB Action. Is it true that in 1939 a

court-martial decree was issued providing for considerably greater legal

guarantees than that of 1943?

FRANK: Yes.

DR. SEIDL: Is it correct that people arrested in the AB Action were, on

the strength of this court-martial decree, sentenced or acquitted?

FRANK: Yes.

DR. SEIDL: Is it also true that all sentences of these courts were, as

you saw fit, to be passed on to the competent reprieve committee under

State Secretary Bühler?

FRANK: Yes.

DR. SEIDL: The prosecutor of the United States has laid it to your

charge that in Neuhaus, where you were arrested after the collapse of

the German Armed Forces, various art treasures were found, not in your

house, but in the office of the Governor General. Is it true that you

sent State Secretary Dr. Bühler with a letter to Reich Minister Dr.

Lammers, and that this letter contained a list of these art treasures?

FRANK: Yes, not only that, I at once called the attention of the head of

the Pinakothek in Munich to the fact that these pictures were there and

that they should at once be safeguarded against bombing. He also looked

at the pictures and then they were put in a bombproof cellar. I am glad

I did so, for who knows what might otherwise have happened to these

valuable objects.

DR. SEIDL: And now one last question. The Prosecution has submitted

Document 661-PS. This document also has a USSR exhibit number, which I

don’t know at the moment. This is a document which has been made to have

a bearing on the activities of the Academy for German Law, of which you

were president. The document has the heading “Legal Formation of

Germany’s Polish Policy on Racial-Political Lines”; the legal part

serves as a tect for the Committee on the Law of Nationalities in the

Academy for German Law. I’m having this document submitted to you.

Please, will you tell me whether you’ve ever had this document in your

hands before?

FRANK: From whom does it come?

DR. SEIDL: That is the extraordinary part; it has the Exhibit Number

USA-300.

FRANK: Does it state anywhere who drew it up or something of the sort?

DR. SEIDL: The document has no author; nor does it show on whose order

it was compiled.

FRANK: I can say merely that I’ve never seen the document; that I never

gave an order for it to be drawn up; so I can say really nothing about

it.

DR. SEIDL: It states here that it was found in the Ministry of Justice

in Kassel. Was there a Ministry of Justice in Kassel in 1940?

FRANK: A Ministry of Justice in Kassel?

DR. SEIDL: Yes.

FRANK: That has not been in existence since 1866.

DR. SEIDL: I have no further questions.

THE PRESIDENT: Then the defendant can return to his seat.

DR. SEIDL: In that case, with the permission of the Tribunal, I shall

call witness Dr. Bilfinger.

THE PRESIDENT: Colonel Smirnov.

MR. COUNSELLOR SMIRNOV: Yes, Sir.

THE PRESIDENT: This document which you produced as USSR-223, which are

extracts from Defendant Frank’s diary; are you offering that in

evidence? Apparently some entries from Frank’s diary have already been

offered in evidence; others have not. Are you wishing to offer this in

evidence?

MR. COUNSELLOR SMIRNOV: This document has already been submitted in

evidence under two numbers; the first number is 2233-PS, which was

submitted by the American Prosecution, and the second is Exhibit

USSR-223, and was already submitted by us on 15 February, 1946.

THE PRESIDENT: I see. Have these entries which you have in this document

been submitted under USSR-223? You see, the PS number does not

necessarily mean that the documents have been offered in evidence. The

PS numbers were applied to documents before they were offered in

evidence; but the USSR-223 does imply that it has been offered in

evidence.

MR. COUNSELLOR SMIRNOV: This document has already been presented in

evidence.

THE PRESIDENT: Colonel Smirnov, what the Tribunal wants to know is

whether you wish to offer this USSR-223 in evidence, because unless it

was read before it hasn’t been offered in evidence, or it hasn’t gone

into the record.

MR. COUNSELLOR SMIRNOV: We already read an excerpt on 15 February, and

it is, therefore, already read into the record.

THE PRESIDENT: Very well.

MR. COUNSELLOR SMIRNOV: May I retire, Mr. President?

THE PRESIDENT: Yes.

[_The witness Bilfinger took the stand._]

THE PRESIDENT: Will you stand up, please, and will you tell us your full

name?

RUDOLF BILFINGER (Witness): Rudolf Bilfinger.

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. SEIDL: Witness, since when were you active in the Reich Security

Main Office (RSHA), and in what position?

BILFINGER: From the end of 1937 until the beginning of 1943 I was

government councillor in the RSHA, and later senior government

councillor and expert on legal questions, and legal questions in

connection with the police.

DR. SEIDL: Is it correct that on two occasions and at different times

you were head of the “Administration and Law” department attached to the

commander of the Security Police and SD in Kraków?

BILFINGER: Yes. In the autumn of 1940 and in 1944 I was head of the

department “Administration and Law” attached to the commander of the

Security Police and SD in Kraków.

DR. SEIDL: What were the tasks you had to fulfil at different times in

the Government General—in broad outline.

BILFINGER: In 1940 I had the task of taking over from the Government

General a number of branches of the police administration and working in

that connection under the Higher SS and Police Leader.

DR. SEIDL: What was the legal position of the Higher SS and Police

Leader, and what was his relation to the Governor General? Did the

Higher SS and Police Leader receive his instructions concerning the

Security Police and the SD from the Governor General? Or did he receive

them direct from the Reichsführer SS and Chief of the Police, that is,

Himmler?

BILFINGER: The Higher SS and Police Leader from the very beginning

received his instructions direct from the Reichsführer SS, Himmler.

DR. SEIDL: Is it furthermore true that the commander of the Security

Police and of the SD in the Government General also received direct

orders and instructions from Amt IV, the Gestapo, and from Amt V, the

Criminal Police in the RSHA?

BILFINGER: Yes, the commander of the Security Police received many

orders direct from the various departments of the RSHA, particularly

from departments IV and V.

DR. SEIDL: Did the institution of the State Secretariat for Security,

which occurred in 1942, bring about a change in the legal position of

the Governor General with reference to measures of the Security Police

and the SD?

BILFINGER: The appointment of a State Secretary as such did not alter

the legal position of the Governor General or of the State Secretary.

New spheres of activity were merely added to the State Secretariat for

Security.

DR. SEIDL: Do you know of a decree of Reichsführer SS and Chief of the

German Police, Himmler, in the year 1939, and what were its contents?

BILFINGER: I knew of a decree, probably dated 1939, dealing with the

appointment of the Higher SS and Police Leader, which ruled that the

Higher SS and Police Leader would receive his instructions direct from

Himmler.

DR. SEIDL: The institution of the State Secretariat dated from 7 May

1942 and was based on a Führer decree. The application of this decree

called forth another decree dated 3 June 1942, which dealt with the

transfer of official business to the State Secretary for Security. Do

you know the contents of that decree?

BILFINGER: The essential contents of the decrees which you have

mentioned are known to me.

DR. SEIDL: Is it correct that on the basis of this decree the entire

Political Police and the Criminal Police, as had been the case before,

were again subordinated to the State Secretary for Security within the

framework of the Security Police?

BILFINGER: These two branches from the very beginning were under the

Higher SS and Police Leader, and later on under the State Secretary for

Security. To this extent the decree did not bring about a change, but

was merely a confirmation.

DR. SEIDL: Is it known to you that in Appendix B of that decree there

are 26 paragraphs in which all the branches of the Security Police are

transferred to the Higher SS and Police Chief as State Secretary for

Security?

BILFINGER: Yes.

DR. SEIDL: Do you know that in this decree, in Appendix B, Jewish

matters are also mentioned specifically?

BILFINGER: Yes.

DR. SEIDL: Do you know that in Paragraph 21 of Appendix B it is ruled:

“The special fields of the Security Police: Representation of

the Government General at conferences and meetings, particularly

with the central offices of the Reich, which deal with the

above-mentioned special fields.”?

BILFINGER: I know that as far as the sense is concerned, such a ruling

was contained therein. Whether Paragraph 21 or another paragraph was

worded this way I don’t remember.

DR. SEIDL: Is it also true that on the basis of this decree the last

remains of the administrative police were removed from the

administration of the Government General and handed over to the State

Secretary for Security, who was directly under Himmler.

BILFINGER: That was the intention and the purpose of this decree. But,

contrary to the wording of that decree, only a few branches were taken

away from the administration; concerning the remainder a fight ensued

later. The result was, however, that all branches of the police

administration were taken away.

DR. SEIDL: Witness, did the administration of the Government General

have anything to do with the establishment and administration of

concentration camps?

BILFINGER: To the best of my knowledge, no.

DR. SEIDL: You were with the Chief of the Security Police and SD in

Kraków. When did you yourself hear of concentration camps at Maidanek,

Treblinka, and Lublin for the first time?

BILFINGER: May I correct you, I was attached to the Commander of

Security Police.

DR. SEIDL: Yes, the Commander of the Security Police.

BILFINGER: I heard of Maidanek for the first time when Lublin and

Maidanek were occupied by the Russians; and through propaganda I heard

for the first time what the name Maidanek meant, when the then Governor

General Frank ordered an investigation regarding events in Maidanek and

responsibility for these events.

DR. SEIDL: According to your own observation, generally speaking, what

were the relations like between the Governor General and the SS

Obergruppenführer Krüger, and what were the reasons for those relations?

BILFINGER: Relations between them were very bad from the beginning. The

reasons were partly questions of organization and of the use of the

Police, and partly essential differences of opinion.

DR. SEIDL: What do you mean by essential differences of opinion? Do you

mean different opinions regarding the treatment of the Polish

population?

BILFINGER: I can still recollect one example which concerned the

confirmation of police court-martial sentences by Governor General

Frank. In opposition to Krüger’s opinion, he either failed to confirm a

number of sentences or else mitigated them considerably. In this

connection I remember such differences of opinion.

DR. SEIDL: Were these sentences which were passed in connection with the

so-called AB Action?

BILFINGER: I know nothing of an AB Action.

DR. SEIDL: You came to the Government General later, did you?

BILFINGER: I came to the Government General in August 1940.

DR. SEIDL: I have no further questions for this witness.

THE PRESIDENT: Do any of the defendants’ counsel want to ask questions?

DR. RUDOLF MERKEL (Counsel for Gestapo): May I put a few questions to

the witness?

Witness, the Prosecution states that the State Police was a circle of

persons formed in accordance with a common plan, and that membership in

it was voluntary. Since you had an especially high position in the RSHA,

I ask you to tell me briefly what you know about these questions?

BILFINGER: Of the members of the Secret State Police only a small part

were volunteers. The former officials, the officials of the former

political department of the headquarters of the Commissioner of the

Police, constituted the nucleus of the membership of the Secret State

Police. The various local police head offices were created from these

former political departments of the central police headquarters, and at

the same time practically all the officials from these former political

departments were taken over. In Berlin, for example, it was Department

I-A of the central police headquarters.

Apart from that, administrative officials were transferred from other

administrative authorities to the Secret State Police, or were detailed

to go here. As time went on people from other administrations and

offices were forced to transfer to the Secret State Police. Thus, for

instance, the entire frontier customs service was transferred to the

Secret State Police in 1944 by order of the Führer. At about the same

time the whole of the intelligence service was transferred.

In the course of the war numerous members of the Waffen-SS who were no

longer eligible for active military service were detailed to the Secret

State Police. In addition many people who originally had had nothing to

do with police work were drafted as emergency members to the Secret

State Police.

DR. MERKEL: If I summarize it by saying that the Secret State Police was

a Reich authority and that the German civil service law applied to its

employees, is that correct?

BILFINGER: Yes.

DR. MERKEL: Was it possible for the officials to resign from the Secret

State Police easily?

BILFINGER: It was extremely difficult and, in fact, impossible to resign

from the Secret State Police. One could resign only in very special

circumstances.

DR. MERKEL: It has been stated here with reference to the composition of

the Secret State Police personnel that there was the following

proportion: executive officers about 20 percent; administrative

officials about 20 percent; and technical personnel approximately 60

percent. Are these figures about right?

BILFINGER: I have no general information about the composition of the

personnel; but for certain offices about which I knew more these figures

would probably apply.

DR. MERKEL: Under whose jurisdiction were the concentration camps in

Germany and in the occupied countries?

BILFINGER: The concentration camps were under the jurisdiction of the

Economic Administration Main Office under SS Gruppenführer Pohl.

DR. MERKEL: Did the Secret State Police have anything to do with the

administration of the concentration camps?

BILFINGER: No. It maybe that at the beginning certain concentration

camps here and there were administered directly by the Secret State

Police for a short period. That was probably the case in individual

instances. But in principle even at that time, and later on without

exception, the concentration camps were administered by the Economic

Administration Main Office.

DR. MERKEL: Do you know at all who gave orders for the liquidations

which took place in the concentration camps?

BILFINGER: No, I know nothing about that.

DR. MERKEL: Can you say anything about the grounds for protective

custody? On the strength of what legal rulings was protective custody

decreed after 1933?

BILFINGER: Protective custody was based on the Decree of the Reich

President for the Protection of the People and the State, of February

1933, in which a number of the basic rights of the Weimar Constitution

were rescinded.

DR. MERKEL: Was there later a decree by the Minister of the Interior

which dealt with protective custody, at the end of 1936 or the beginning

of 1937?

BILFINGER: Yes, at that time the Protective Custody Law was drawn up.

The legal basis as such remained in force. At that time power to decree

protective custody was confined to the Secret State Police. Before that

a number of other offices, rightly or wrongly, had decreed protective

custody. To prevent this, protective custody was then confined to the

Secret State Police.

DR. MERKEL: Is it correct that for some time you were in France. In what

capacity were you there?

BILFINGER: In the late summer and autumn of 1943 I was commander of the

Security Police in France, in Toulouse.

DR. MERKEL: Do you know anything about an order from the RSHA, or from

the commander of the Sipo for France, or from individual district

commanders, to the effect that ill-treatment or torture was to be

applied when prisoners were interrogated?

BILFINGER: No, I do not know of such orders.

DR. MERKEL: Then how do you explain the ill-treatment and atrocities

which actually took place in connection with interrogations, proof of

which has been given by the Prosecution?

BILFINGER: It is possible that ill-treatment did occur; in a number of

cases this either took place in spite of its being forbidden, or else it

was committed by members of other German offices in France which did not

belong to the Security Police.

DR. MERKEL: Did you, while you were active in France, hear of any such

ill-treatment either officially or by hearsay?

BILFINGER: I never heard of any such ill-treatment at the hands of

members of the German police or the German Armed Forces. I heard only of

cases of ill-treatment carried out by groups consisting of Frenchmen who

were being employed by some German authority.

DR. MERKEL: Were there so-called Gestapo prisons in France?

BILFINGER: No, the Security Police in France did not have prisons of

their own. They handed over their prisoners to the detention camps of

the German Armed Forces.

DR. MERKEL: One last question: The Prosecution has given proof of a

large number of crimes against humanity and war crimes which were

committed with the participation of the Security Police. Can one say

that these crimes were perfectly obvious and were known to all members

of the Secret State Police, or were these crimes known only to a small

circle of persons who had been ordered directly to carry out the

measures concerned? Do you know anything about that?

BILFINGER: I didn’t quite understand the question from the beginning.

Were you referring to France or to the Security Police in general?

DR. MERKEL: I was referring to the Security Police in general.

BILFINGER: No ill-treatment or torture of any kind was permitted; and,

as far as I know, nothing of the kind did happen, still less was it

known generally or to a larger circle of persons. I knew nothing about

it.

DR. MERKEL: I have no further questions.

THE PRESIDENT: We will adjourn now for 10 minutes.

[_A recess was taken._]

THE PRESIDENT: Does the Prosecution wish to cross-examine? Is there

nothing you wish to ask arising from Dr. Merkel’s cross-examination, Dr.

Seidl?

DR. SEIDL: I have only one more question to ask the witness.

Witness, in Paragraph 4 of the decree of 23 June 1942 the following

ruling is made, and I quote:

“The SS and Police Leaders in the districts are directly

subordinate to the governors of the districts, just as the State

Secretary for Security is subordinate to the Governor General.”

Thus it does not say that the entire police organization is subordinate,

but only the police leaders.

Now I ask you whether orders which had been issued by the commanders of

the Security Police and the SD were forwarded to the governors or were

sent directly to the district chiefs of the Security Police and the SD?

BILFINGER: These orders were always sent directly from the commander to

the district chiefs of the Security Police and the SD. The commander

could give no instructions to the governors.

DR. SEIDL: If I understand you correctly you mean that the Security

Police and the SD had their own official channels which had absolutely

nothing to do with the administrative construction of the Government

General.

BILFINGER: Yes.

DR. SEIDL: I have no further questions for the witness.

THE PRESIDENT: The witness can retire.

DR. SEIDL: With the permission of the Tribunal, I call as the next

witness the former Governor of Kraków, Dr. Kurt von Burgsdorff.

[_The witness Von Burgsdorff took the stand._]

THE PRESIDENT: Will you state your full name?

KURT VON BURGSDORFF (Witness): Kurt von Burgsdorff.

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._]

DR. SEIDL: Witness, the Government General was divided into five

districts at the head of each of which there was a governor; is that

correct?

VON BURGSDORFF: Yes.

DR. SEIDL: From 1 December 1943 until the occupation of your district by

Soviet troops you were governor of the district Kraków?

VON BURGSDORFF: Yes. To use the correct official term, I was...

GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.S.R.): Mr.

President, the defense counsel has put the question of the “occupation”

of this region by Soviet troops. I energetically protest against such

terminology and consider it a hostile move.

DR. SEIDL: Mr. President, I have just been told that perhaps a mistake

in the translation has crept in. All I intended to say was that, in the

course of the year 1944, the area of which this witness was governor was

occupied by the Soviet troops in the course of military action. I do not

know what the Soviet prosecutor is protesting against; it is at any rate

far from my intention to make any hostile statement here.

THE PRESIDENT: I think the point was, it was not an occupation; it was a

liberation by the Russian Army.

DR. SEIDL: Of course; I did not want to say any more than that the

German troops were driven out of this area by the Soviet troops.

Witness, will you please continue with your answer?

VON BURGSDORFF: I was entrusted with exercising the duties of a

governor—that is the correct official expression. Until a few months

ago I was still an officer of the Wehrmacht, and during my entire

activity in Kraków I remained an officer of the Wehrmacht.

DR. SEIDL: Witness, according to your observations, what basically was

the attitude of the Governor General toward the Polish and Ukrainian

people?

VON BURGSDORFF: I want to emphasize that I can answer only for the year

1944. At that time the attitude of the Governor General was that he

wished to live in peace with the people.

DR. SEIDL: Is it correct that already in 1942 the Governor General had

given the governors the opportunity of setting up administrative

committees, comprised of Poles and Ukrainians, attached to the district

chiefs?

VON BURGSDORFF: There was a governmental decree to this effect. Whether

that was in 1942 or not I do not know.

DR. SEIDL: Did you yourself make use of the authorization contained

therein, and did you establish such administrative committees?

VON BURGSDORFF: In the district of Kraków I had such a committee

established at once for every district chief.

DR. SEIDL: Witness, according to your observations what was the food

situation like in the Government General, and particularly in your

district?

VON BURGSDORFF: It was not unsatisfactory; but I must add that the

reason for that was that, in addition to the rations, the Polish

population had an extensive black market.

DR. SEIDL: According to your observations what was the attitude of the

Governor General on the question of the mobilization of labor?

VON BURGSDORFF: He did not wish any workers sent outside the Government

General, because he was interested in retaining the necessary manpower

within the country.

DR. SEIDL: Was the Church persecuted by the Governor General in the

Government General; and what basically was the attitude of the Governor

General to this question, according to your observations?

VON BURGSDORFF: Again I can answer only for my district and for the year

1944. There was no persecution of the Church; on the contrary, the

relations with churches of all denominations were good in my district.

On my travels I always received the clergy, and I never heard any

complaint.

DR. SEIDL: Did you have any personal experience with the Governor

General with regard to this question?

VON BURGSDORFF: Yes. In the middle of January 1944 I was appointed

District Standortführer by the Governor General, who at the same time

was the Party Leader in the Government General; that is, I was appointed

to a Party office for the district of Kraków. I pointed out to him, as I

had pointed out to the Minister of the Interior, Himmler, before, that I

was a convinced church-going Christian. The Governor General replied

that he was in no way perturbed by that and that he knew of no provision

in the Party program which prohibited it.

DR. SEIDL: What, according to your observations, were the relations like

between the Governor General and the administration of the Government

General on the one side, and the Security Police and the SD on the other

side?

VON BURGSDORFF: Doubtlessly underneath they were bad, because the Police

always ended by doing only what it wanted and did not concern itself

with the administration. For that reason in the country districts also

there was real friction between the administration offices and the

Police.

DR. SEIDL: Is it correct that when you took office, or shortly after,

the Governor General issued several instructions referring to the

Police? I quote from the diary of the Defendant Dr. Frank, the entry of

4 January 1944:

“The Governor General then gave some instructions to Dr. Von

Burgsdorff with reference to his new activities. His task will

be to inform himself, as a matter of principle, of all decisive

factors in the district. Above all the Governor should direct

his efforts to opposing energetically any encroachments by the

Police.”

VON BURGSDORFF: Today I no longer remember that conversation of 4

January 1944, but it may have taken place. However, I do remember that

after I took office, at the end of November 1943, I went to see the

Governor General once more and told him that I had heard that the

relations with the Police were not good and were scarcely tolerable for

the administration. He replied that he was doing what he could in order,

as I might put it, to bring the Police to reason. It was on the basis of

this statement by the Governor General that I definitely decided to

remain in the Government General. I had, as is known, told the Reich

Minister of the Interior that I was unwilling to go there.

DR. SEIDL: In your capacity as Governor did you have any authority to

issue commands to the Security Police and the SD in your district?

VON BURGSDORFF: None whatsoever.

DR. SEIDL: Did you yourself ever see a police directive?

VON BURGSDORFF: Never. With the Police, orders are passed down

vertically, that is, directly from the Higher SS and Police Leader to

the SS and Police Leader respectively—and that is probably the usual

way—from the chief of the Security Police to the unit commander of the

Security Police.

DR. SEIDL: In your activity as Governor did you have anything to do with

the administration of concentration camps?

VON BURGSDORFF: Never.

DR. SEIDL: Do you know who administered the concentration camps?

VON BURGSDORFF: No, not from my own experience; but I have heard that

there was some central office in Berlin under the Reichsführer SS.

DR. SEIDL: When did you hear for the first time of the Maidanek

concentration camp?

VON BURGSDORFF: From you, about a fortnight ago.

DR. SEIDL: You want to tell the Tribunal under oath...

VON BURGSDORFF: Yes.

DR. SEIDL: ...that you, although you were Governor of Kraków in the

occupied Polish territory, did not learn about that until during your

captivity?

VON BURGSDORFF: Yes, I am firmly convinced that I heard about this

concentration camp from you for the first time.

DR. SEIDL: When did you for the first time hear of the Treblinka

concentration camp?

VON BURGSDORFF: Also from you on the same occasion.

DR. SEIDL: Witness, the Governor General is accused by the Prosecution

of issuing a summary court-martial decree in the year 1943. What at that

time was the security situation in the Government General?

VON BURGSDORFF: Again I can judge only for the year 1944. As the German

troops came back from the East, it became worse and worse, so that in my

district it became increasingly difficult to carry out any kind of

administration.

DR. SEIDL: According to your observations what was the economic

situation like in the agricultural and industrial sectors of your

district, and is the statement justified that, allowing for wartime

conditions, the administration of the Government General had done

everything to promote economy?

VON BURGSDORFF: Economy in my district was at full force in 1944 both in

industry and in agriculture. Some industries had been transferred from

the Reich to the Government General; and, as far as agriculture was

concerned, the administration imported large quantities of fertilizers

and seeds and the like. Horse breeding was also greatly promoted in my

district.

DR. SEIDL: The Defendant Dr. Frank is accused of not having done

everything that was necessary with regard to public health and sanitary

conditions. What can you say about this point?

VON BURGSDORFF: I can say that in my district—again speaking of

1944—hospitals were improved and new ones installed. A great deal was

done, especially in the fighting of epidemics. Typhus, dysentery, and

typhoid were greatly reduced by inoculation.

DR. SEIDL: The Defendant Frank is also accused of having neglected

higher education. Do you know anything about the conditions in the

Government General in regard to this?

VON BURGSDORFF: When I came into the Government General there was no

longer any higher education at all. On the basis of other experiences I

suggested immediately that Polish universities be opened again. I

contacted the president of the main department for education, who told

me that the government was already entertaining such plans. In every one

of my monthly reports I pointed out the necessity for Polish

universities, because within a short time, or more correctly in a few

years’ time, there would be a shortage of technicians, doctors, and

veterinaries.

DR. SEIDL: Now, one last question. There was a so-called sphere of

activity of the NSDAP in the Government General; you were the District

Standortführer in the Government General?

VON BURGSDORFF: Yes.

DR. SEIDL: Witness, what, according to your observations, were the

relations between the Governor General and the Head of the Party

Chancellery, Bormann?

VON BURGSDORFF: I believe I can say without exaggeration that they were

extremely bad. As District Standortführer I combined this office with

that of District Governor and witnessed the last great struggle of the

Governor General against Bormann. The Governor General held the view,

and in this he was justified, that it was wrong to combine the Party

office with the government office. He was afraid there would be too much

interference not only by the Police but also by the Party, and he wanted

to prevent that. Bormann, on the other hand, wanted to establish the

predominance of the Party over the State in the Government General as

well. That led to the most serious conflict.

DR. SEIDL: I have no further questions for the witness.

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

questions?

DR. OTTO FREIHERR VON LÜDINGHAUSEN (Counsel for Defendant Von Neurath):

Witness, you were at one time Under State Secretary in the Government of

the Protectorate of Bohemia and Moravia? When was that?

VON BURGSDORFF: From the end of March 1939 until the middle of March

1942.

DR. VON LÜDINGHAUSEN: And to whom were you directly subordinate as Under

State Secretary? The State Secretary Frank or the Reich Protector?

VON BURGSDORFF: State Secretary Frank.

DR. VON LÜDINGHAUSEN: How did you come to know about the activities of

Von Neurath as Reich Protector?

VON BURGSDORFF: From conferences with him and personal conversations.

DR. VON LÜDINGHAUSEN: What kind of work did you have to do as Under

State Secretary?

VON BURGSDORFF: I was in charge of the administration proper.

DR. VON LÜDINGHAUSEN: Were the Police and the various SS and police

offices subordinate to you?

VON BURGSDORFF: No.

DR. VON LÜDINGHAUSEN: To whom were they subordinate?

VON BURGSDORFF: To State Secretary Frank.

DR. VON LÜDINGHAUSEN: What was State Secretary Frank’s attitude to Von

Neurath?

VON BURGSDORFF: You mean officially?

DR. VON LÜDINGHAUSEN: Officially, yes, of course.

VON BURGSDORFF: Herr Von Neurath tried at first to get on with Herr

Frank; but the stronger Frank’s position became, the more impossible

that was. State Secretary Frank, later Minister Frank, had behind him

the entire power of the SS and the Police, and finally Hitler also.

DR. VON LÜDINGHAUSEN: From whom did Frank get his orders directly?

VON BURGSDORFF: As far as I know, from Himmler; however, I saw that on

one or two or three occasions he received direct orders from Hitler.

DR. VON LÜDINGHAUSEN: And that happened mostly without Von Neurath being

consulted?

VON BURGSDORFF: That I cannot say, but I assume so.

DR. VON LÜDINGHAUSEN: Was it possible for Frank to perform his political

functions independently within his sphere of activity, or did he have to

have the approval of Herr Von Neurath?

VON BURGSDORFF: Whether he was authorized or allowed to do so, I should

not like to decide, but at any rate he did so.

DR. VON LÜDINGHAUSEN: Were Herr Von Neurath and Herr Frank of the same

opinion concerning the policy towards the Czech people?

VON BURGSDORFF: I did not understand your question.

DR. VON LÜDINGHAUSEN: Did Herr Von Neurath agree with the policy toward

the Czech people pursued by Frank or his superior, Himmler?

VON BURGSDORFF: No.

DR. VON LÜDINGHAUSEN: Could he carry through his aims?

VON BURGSDORFF: He could not do anything, confronted as he was by

Himmler’s and Hitler’s immense power.

DR. VON LÜDINGHAUSEN: What was Herr Von Neurath’s own policy and

attitude?

VON BURGSDORFF: At the beginning I spoke very often about these things

to Herr Von Neurath. On the basis of the decree of 15 March he hoped and

believed he could get the Germans and Czechs in the Protectorate to live

together reasonably and peacefully.

DR. VON LÜDINGHAUSEN: But as Frank’s position became stronger, that

became more and more difficult?

VON BURGSDORFF: Yes.

DR. VON LÜDINGHAUSEN: Do you remember that in the middle of November

1939 serious disturbances broke out among the students in Prague?

VON BURGSDORFF: Yes.

DR. VON LÜDINGHAUSEN: Do you also remember that on the day after these

incidents Herr Von Neurath and Frank flew to Berlin?

VON BURGSDORFF: Yes.

DR. VON LÜDINGHAUSEN: Do you remember that Frank returned from Berlin

alone on the same day?

VON BURGSDORFF: I believe I can recall that Frank returned on the same

day, but I do not know whether he returned alone.

DR. VON LÜDINGHAUSEN: You don’t know whether Herr Von Neurath returned

with him?

VON BURGSDORFF: No.

DR. VON LÜDINGHAUSEN: Do you know anything else about the incidents

connected with the students’ disturbances and what the consequences

were?

VON BURGSDORFF: They resulted, as far as I remember, in the execution of

several students and in the closing of the universities.

DR. VON LÜDINGHAUSEN: Do you know whether the universities were closed

on Himmler’s order?

VON BURGSDORFF: Yes.

DR. VON LÜDINGHAUSEN: Do you know anything about the attitude of Herr

Von Neurath towards the Catholic and Protestant Churches?

VON BURGSDORFF: His attitude was always above reproach, and there were

no difficulties with the churches during the time that I was in the

Protectorate.

DR. VON LÜDINGHAUSEN: Do you know that Herr Von Neurath was in contact

with the Archbishop of Prague until the latter’s death?

VON BURGSDORFF: No, I don’t know anything about that.

DR. VON LÜDINGHAUSEN: Do you know anything concerning whether, during

the term of office of Herr Von Neurath, with his approval or upon his

orders, art treasures of any kind, pictures, monuments, sculptures,

libraries, or the like, belonging either to the State or to private

owners, were confiscated and removed from the country?

VON BURGSDORFF: It is certain, absolutely certain, that he did not order

anything of the sort. Whether he consented in any way to this I do not

know, but I do not believe so. I remember one incident in the Malta

Palace, where some Reich office—I don’t remember today which it

was—removed art treasures. Herr Von Neurath immediately did everything

to make good this damage.

DR. VON LÜDINGHAUSEN: Do you know that the customs union which had been

ordered by Berlin from the very beginning between the Protectorate and

Germany was not established for a long time because of Herr Von

Neurath’s intervention?

VON BURGSDORFF: Yes. I definitely know about that. However, in the

interest of the truth, I have to add that State Secretary Frank also was

against the customs union, because, like Herr Von Neurath, he believed

that the economy of the Protectorate would be damaged by the stronger

economy of Germany.

DR. VON LÜDINGHAUSEN: While Von Neurath was Reich Protector, was there

any compulsory deportation of workers?

VON BURGSDORFF: I am convinced that that did not happen. Workers were

recruited, but in an entirely regular manner. That was the case while I

was in the Protectorate.

DR. VON LÜDINGHAUSEN: Do you know whether Von Neurath made travel in or

out of the Protectorate dependent on official approval?

VON BURGSDORFF: Whether or not Von Neurath did that, I do not know.

DR. VON LÜDINGHAUSEN: Do you know anything about the closing of the

secondary schools?

VON BURGSDORFF: Yes.

DR. VON LÜDINGHAUSEN: What do you know about it?

VON BURGSDORFF: I remember that the closing of the secondary schools was

a necessary consequence of the closing of the universities. There were

too many secondary schools in the Protectorate. Not all of them were

closed by any means. On the other hand technical schools were greatly

expanded and new ones established. I cannot remember anything more exact

about it.

DR. VON LÜDINGHAUSEN: Do you know anything about Von Neurath’s attitude

towards the Germanization of Czechoslovakia as intended by Himmler?

VON BURGSDORFF: Yes, I remember the memorandum which Von Neurath sent to

Hitler about the whole affair. That memorandum was intended to defer

Himmler’s plans for forced Germanization. Von Neurath expressed the

view, which he had frequently mentioned to me, that in the interest of

peace in the Protectorate he did not advocate these attempts at

Germanization.

DR. VON LÜDINGHAUSEN: I have no more questions.

THE PRESIDENT: Does the Prosecution wish to cross-examine?

MR. DODD: Tell us, please, when you first joined the National Socialist

Party?

VON BURGSDORFF: On 1 May 1933.

MR. DODD: And did you achieve office in any of its affiliated

organizations?

VON BURGSDORFF: I was an honorary SA Gruppenführer.

MR. DODD: Any other honors?

VON BURGSDORFF: Then for a few years, just as I had been during the

democratic regime, I was legal advisor to the administration of Saxony.

MR. DODD: Weren’t you also an Oberbannführer in the HJ, the

Hitler-Jugend?

VON BURGSDORFF: I once became Oberbannführer on the occasion of the

Reich Youth Leader’s visit to Prague. But that was purely a gesture of

courtesy, which had no consequences.

I should like to mention again, since you speak of Party offices, that,

as was said before, because of my post as Governor of Kraków I was

District Standortführer from the middle of January 1944 until the end,

that is the middle of January 1945.

MR. DODD: You also received the gold badge of the Hitler Youth, did you

not?

VON BURGSDORFF: No.

MR. DODD: Weren’t you in some way associated with Reinhard Heydrich when

you were in Prague?

VON BURGSDORFF: I was with Heydrich until the middle of 1942. Then, as

is generally known, because of the course pursued by Heydrich, I left

the Protectorate, and at 55 years of age I went into the army.

MR. DODD: What position did you occupy with relation to Heydrich?

VON BURGSDORFF: The same as under Herr Von Neurath; I was Under State

Secretary.

MR. DODD: Let me put it to you this way: You told us that you never

heard of Maidanek, the concentration camp?

VON BURGSDORFF: Yes.

MR. DODD: And you never heard of Auschwitz?

VON BURGSDORFF: Of Auschwitz, yes.

MR. DODD: Had you heard of an installation known as Lublin?

VON BURGSDORFF: Of Lublin? Not of the concentration camp but of the city

of Lublin, of course.

MR. DODD: Did you know of a concentration camp by the name of Lublin?

VON BURGSDORFF: No.

MR. DODD: You did know, I assume, of many other concentration camps by

name?

VON BURGSDORFF: Only of German camps, yes—of Dachau and Buchenwald.

MR. DODD: That is all.

THE PRESIDENT: Have you any questions?

DR. SEIDL: I have no more questions for the witness.

THE PRESIDENT: Who is your next witness?

DR. SEIDL: The next witness would be the former secretary of the

Governor General, Fräulein Kraffczyk. However, if I understood the

Tribunal correctly yesterday, this session will end at 1630 hours.

THE PRESIDENT: The Tribunal will adjourn now until Tuesday morning.

[_The Tribunal adjourned until 23 April 1946 at 1000 hours._]

ONE HUNDRED AND TWELFTH DAY

Tuesday, 23 April 1946

_Morning Session_

THE PRESIDENT: Dr. Seidl.

DR. SEIDL: Mr. President, I shall dispense with the hearing of the

witness Struve, Chief of the Central Department for Agriculture and Food

in the Government General. With the permission of the Tribunal I am now

calling witness Dr. Joseph Bühler.

[_The witness Bühler took the stand._]

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

JOSEPH BÜHLER (Witness): Joseph Bühler.

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. SEIDL: Witness, how long have you known Defendant Dr. Hans Frank;

and what were the positions in which you worked with him?

BÜHLER: I have known Herr Frank since 1 October 1930. I worked with him

in government spheres of service from the end of March 1933. I served

under him officially when he was Minister of Justice in Bavaria; later

when he was Reich Commissioner for Justice; and still later when he was

Minister. From the end of September 1939 Herr Frank employed me in an

official capacity in the Government General.

DR. SEIDL: In what capacity did you serve in the Government General at

the end?

BÜHLER: From about the second half of 1940 I was state secretary in the

government of the Government General.

DR. SEIDL: Were you yourself a member of the Party?

BÜHLER: I have been a Party member since 1 April 1933.

DR. SEIDL: Did you exercise any functions in the Party or any of the

affiliated organizations of the Party, particularly in the SA or the SS?

BÜHLER: I never held an office in the Party. I was never a member of the

SA or the SS.

DR. SEIDL: I now come to the time during which you were state secretary

to the chief of the government in the Government General. Will you

please tell me what the relations were between the Governor General on

the one side and the Higher SS and Police Leader on the other side?

BÜHLER: I might perhaps say in advance that my sphere of activity did

not touch upon police matters, matters relating to the Party, or

military matters in the Government General.

The relations of the Governor General to the Higher SS and Police

Leader, Obergruppenführer Krüger, who was allocated to him by the

Reichsführer SS and Chief of the German Police were, from the very

beginning, made difficult by essential differences of opinion. These

differences of opinion concerned the conception of the task and the

position of the Police in general in an orderly state system, as well as

the conception in particular of the position and tasks of the Police in

the Government General. The Governor General held the view that the

Police must be the servant and the organ of the executive of the state

and that accordingly he and the state authorities should give orders to

the Police and that this assignment of tasks involved a limitation of

the sphere of activity of the Police.

The Higher SS and Police Leader Krüger, on the other hand, held the view

that the Police in general had, of course, to fulfill tasks originating

with the executive of the state but that in fulfilling these tasks it

was not bound by the instructions of the administrative authorities,

that this was a matter of technical police questions, decisions about

which administrative authorities could not make and were not in a

position to make.

Regarding the power to give orders to the Police, it was Krüger’s view

that because of the effectiveness and unity of police activity in all

occupied territories, such power to issue orders had to rest with the

central authority in Berlin and that he and only he could issue orders.

As far as the duties of the Police were concerned, it was Krüger’s

opinion that the Governor General’s view regarding the limitation of

these duties as unfounded for the very reason that he, as Higher SS and

Police Leader, was simultaneously the deputy of the Reichsführer SS in

the latter’s capacity as Reich Commissioner for the Preservation of

German Nationality.

As far as the relation of the Police to the question of Polish policy

was concerned, it was Krüger’s view that, in connection with work in

non-German territory, police considerations would have to play a

predominant role and that with police methods everything could be

achieved and everything could be prevented. This overestimation of the

Police led, for instance, to the fact that, during later arguments

between the Police and the administration regarding their respective

spheres of work, matters concerning non-German groups were listed among

the competences of the Police.

DR. SEIDL: Do you know that as early as 1939 Reichsführer SS Himmler

issued a restricted decree, according to which the handling of all

police matters was his own concern or the concern of his Higher SS and

Police Leader?

BÜHLER: That this was the case became clear to me from the actions taken

by the Police. I did not see a decree to this effect, but I can state

this much: The Police in the Government General acted exactly as in the

directives which I have described before.

DR. SEIDL: Witness, in 1942, by decree of the Führer, a State

Secretariat for Security was instituted. At whose instigation was this

instituted and what was the position taken by the Governor General in

that connection?

BÜHLER: This decree was preceded by a frightful campaign of hatred

against the person of the Governor General. The institution of the State

Secretariat for Security was considered by the Police a step, an

important step, in the fight for the removal of the Governor General.

The matters specified in that decree, or at least the majority of them,

were not being transferred to the Police now for the first time, but the

actual state of affairs was—the actual course of events had already

been—in conformity to the contents of this decree before it was issued.

DR. SEIDL: In the decree implementing this Führer decree and dated 3

June 1942 all the police spheres of activities which were to be

transferred to the State Secretary were given in two lists; in an

Appendix A, the tasks of the Regular Police; and in an Appendix B, the

tasks of the Security Police. Were these police matters at that time

transferred completely to the State Secretary and thus to the police

sector?

BÜHLER: The administration did not like giving up these matters; so

where the Police had not already got hold of them, they were given up

only with reluctance.

DR. SEIDL: You are thinking first of all of the spheres of the so-called

administrative police, health police, _et cetera_, are you not?

BÜHLER: Yes, that is to say, the police in charge of communications,

health, food, and such matters.

DR. SEIDL: If I have understood your statements correctly, you mean that

the entire police system, Security Police as well as SD and Regular

Police, was directed by the central office, either by Himmler himself or

by the Reich Security Main Office through the Higher SS and Police

Leader?

BÜHLER: In general according to my observations, it was possible for the

Security Police to receive orders direct from Berlin without their going

through Krüger.

DR. SEIDL: And now another question: Is it correct that resettlements

were carried out in the Government General, by Reichsführer SS Himmler

in his capacity as Reich Commissioner for the Preservation of German

Nationality?

BÜHLER: Resettlements, in the opinion of the Governor General, even if

carried out decently, always caused unrest among the population. We had

no use for that in the Government General. Also, these resettlements

always caused a falling off of agricultural production. For these

reasons, the Governor General and the Government of the Government

General did not, as a matter of principle, carry out resettlements

during the war. To the extent that such resettlements were carried out,

it was done exclusively by the Reich Commissioner for the Preservation

of German Nationality.

DR. SEIDL: Is it correct that the Governor General, because of this

arbitrary resettlement policy, repeatedly had serious arguments with

Himmler, Krüger, and SS Gruppenführer Globocznik?

BÜHLER: That is correct. The intention of preventing such resettlements

always led to arguments and friction between the Higher SS and Police

Leader and the Governor General.

DR. SEIDL: The Defendant Dr. Frank is accused by the Prosecution of the

seizure and confiscation of industrial and private property. What

basically was the attitude of the Governor General to such questions?

BÜHLER: The legal provisions in this sphere of the law originated with

the Delegate for the Four Year Plan. Confiscation of private property

and possessions in the annexed Eastern territories and in the Government

General was subject to the same regulations.

The decree of the Delegate for the Four Year Plan provided for the

creation of a trust office—the Haupttreuhandstelle Ost—with its

central administration in Berlin. The Governor General did not want to

have the affairs of the Government General administered in Berlin, and

therefore he opposed the administration of property in the Government

General being entrusted to the Haupttreuhandstelle Ost. Without

interference by the Delegate for the Four Year Plan, he established his

own rules for confiscations in the Government General and his own trust

office. That trust office was headed by an experienced higher official

from the Ministry of Economy of Saxony.

DR. SEIDL: What happened to the factories and works which were situated

in the Government General and were formerly the property of the Polish

State?

BÜHLER: Factories, as far as they were included in the armament program,

were taken over by the military sector, that is to say, by the Inspector

for Armaments, who was subordinate to the OKW and later to Minister

Speer. Factories outside the armament sector, which had belonged to the

former Polish State, the Governor General tried to consolidate into a

stock company and to administer them separately as property of the

Government General. The chief shareholder in this company was the

Treasury of the Government General.

DR. SEIDL: That is to say, these factories were administered entirely

separately by the Reich Treasury?

BÜHLER: Yes.

DR. SEIDL: The Prosecution submitted an extract from Frank’s diary in

evidence under Number USA-281 (Document Number 2233(d)-PS.) This is a

discussion of Jewish problems. In this connection Frank said, among

other things:

“My attitude towards the Jews is based on the expectation that

they will disappear; they must go away. I have started

negotiations for deporting them to the East. This question will

be discussed at a large meeting in Berlin in January, to which I

shall send State Secretary Dr. Bühler. This conference is to

take place at the Reich Security Main Office in the office of SS

Obergruppenführer Heydrich. In any case Jewish emigration on a

large scale will begin.”

I ask you now, did the Governor General send you to Berlin for that

conference; and if so, what was the subject of the conference?

BÜHLER: Yes, I was sent to the conference and the subject of the

conference was the Jewish problem. I might say in advance that from the

beginning Jewish questions in the Government General were considered as

coming under the jurisdiction of the Higher SS and Police Leader and

handled accordingly. The handling of Jewish matters by the state

administration was supervised and merely tolerated by the Police.

During the years 1940 and 1941 incredible numbers of people, mostly

Jews, were brought into the Government General in spite of the

objections and protests of the Governor General and his administration.

This completely unexpected, unprepared for, and undesired bringing in of

the Jewish population from other territories put the administration of

the Government General in an extremely difficult position.

Accommodating these masses, feeding them, and caring for their

health—combating epidemics for instance—almost, or rather, definitely

overtaxed the capacity of the territory. Particularly threatening was

the spread of typhus, not only in the ghettos but also among the Polish

population and the Germans in the Government General. It appeared as if

that epidemic would spread even to the Reich and to the Eastern Front.

At that moment Heydrich’s invitation to the Governor General was

received. The conference was originally supposed to take place in

November 1941, but it was frequently postponed and it may have taken

place in February 1942.

Because of the special problems of the Government General I had asked

Heydrich for a personal interview and he received me. On that occasion,

among many other things, I described in particular the catastrophic

conditions which had resulted from the arbitrary bringing of Jews into

the Government General. He replied that for this very reason he had

invited the Governor General to the conference. The Reichsführer SS, so

he said, had received an order from the Führer to round up all the Jews

of Europe and to settle them in the Northeast of Europe, in Russia. I

asked him whether this meant that the further arrival of Jews in the

Government General would cease, and whether the hundreds of thousands of

Jews who had been brought into the Government General without the

permission of the Governor General would be moved out again. Heydrich

promised me both these things. Heydrich said furthermore that the Führer

had given an order that Theresienstadt, a town in the Protectorate,

would become a reservation in which old and sick Jews, and weak Jews who

could not stand the strains of resettlement, were to be accommodated in

the future. This information left me definitely convinced that the

resettlement of the Jews, if not for the sake of the Jews, then for the

sake of the reputation and prestige of the German people, would be

carried out in a humane fashion. The removal of the Jews from the

Government General was subsequently carried out exclusively by the

Police.

I might add that Heydrich demanded, particularly for himself, his

office, and its branches, the exclusive and uninterrupted competence and

control in this matter.

DR. SEIDL: What concentration camps in the Government General did you

know about during your activity as State Secretary?

BÜHLER: The publications in the press during the summer of 1944 called

my attention to the Maidanek camp for the first time. I did not know

that this camp, not far from Lublin, was a concentration camp. It had

been installed as an economic establishment of the Reichsführer SS, in

1941 I think. Governor Zörner came to visit me at that time and he told

me that he had objected to the establishment of this camp when he talked

to Globocznik, as it would endanger the power supply of the city of

Lublin; and there were objections, too, on the part of the Police with

regard to the danger of epidemics. I informed the Governor General of

this and he in turn sent for Globocznik. Globocznik stated to the

Governor General that certain workshops for the needs of the Waffen-SS

at the front had been erected on that site by him. He mentioned

workshops for dressing furs but he also mentioned a timber yard which

was located there.

In these workshops for dressing furs, as I heard, fur articles from the

collection of furs were altered for use at the front. At any rate,

Globocznik stated that he had installed these workshops in compliance

with Himmler’s command.

The Governor General prohibited the erection of any further

installations until all questions were settled with the police in charge

of building and blueprints had been submitted to the state offices, in

other words until all rules had been complied with, which apply to the

construction of buildings. Globocznik never submitted these blueprints.

With regard to the events inside the camp, no concrete information ever

reached the outside. It surprised the Governor General just as much as

it surprised me when the world press released the news about Maidanek.

DR. SEIDL: Witness, the Prosecution has submitted a document, Number

437-PS, Exhibit USA-610, which is a memorandum from the Governor General

to the Führer, dated 19 June 1943. I think you yourself drafted that

memorandum. On Page 35 a report of the commander of the Security Police

is mentioned and quoted verbatim in part. This report of the Security

Police mentions also the name of Maidanek.

Did you at that time realize that this Maidanek was identical or

probably identical with that camp near Lublin?

BÜHLER: No. I assumed that, like Auschwitz, it was a camp outside the

territory of the Government General, because the Governor General had

repeatedly told the Police and the Higher SS and Police Leader that he

did not wish to have concentration camps in the Government General.

DR. SEIDL: Under whose jurisdiction was the administration of

concentration camps in the Government General?

BÜHLER: I don’t know because I did not know of the existence of the

camps. In August, on the occasion of a visit to the reception camp at

Pruszkow, I heard about the administration of concentration camps in

general. At that time I brought instructions from Himmler to the camp

commandant, according to which transport of the inhabitants of Warsaw

who had been removed from the city to concentration camps was to cease

forthwith.

DR. SEIDL: Was that after the uprising in Warsaw?

BÜHLER: It was during it; it must have been on or about 18 or 19 August

1944. The camp commandant, whose name I have forgotten, told me at the

time that he did not know about that order, and that he could receive

instructions only from the Chief of Concentration Camps.

DR. SEIDL: Do you know whether the Governor General himself ever sent a

Pole, a Ukrainian, or a Jew to a concentration camp?

BÜHLER: Nothing like that ever happened, when I was present.

DR. SEIDL: Is it true that a large number of Jewish workmen who were

working in the castle at Kraków were taken away by the Security Police

against the wishes of the Governor General and during his absence?

BÜHLER: This Jewish workers’ colony is known to me because I lived in

that castle. I also know that the Governor General always took care of

the maintenance of this colony. And the chief of the Chancellery of the

Government General, Ministerial Counsellor Keit, once told me that this

group of Jewish workers had been taken away by force by the Police

during the absence of the Governor General.

DR. SEIDL: I now come to the so-called AB Action, this extraordinary

pacification action. What were the circumstances which occasioned this

action?

BÜHLER: It may have been about the middle of May 1940 when one morning I

was called from the government building, where I performed my official

work, to visit the Governor General in the castle. I think I remember

that Reich Minister Seyss-Inquart had also been called. There we met the

Governor General together with some officials of the Police. The

Governor General stated that, in the opinion of the Police, an extreme

act of pacification was necessary. The security situation at that time,

as far as I remember, was this: Certain remnants of the Polish armed

forces were still roaming about in deserted forest regions, causing

unrest among the population, and probably giving military training to

young Poles. At that time, that is May 1940, the Polish people had

recovered from the shock which they had suffered at the sudden defeat in

1939; and they began openly, with little caution and without experience,

to start a resistance movement everywhere. This picture I remember

clearly because of the statement given by the Police on that or some

other occasion.

DR. SEIDL: May I interrupt you and quote from Frank’s diary, an entry of

16 May 1940. I quote:

“The general war situation forces us to regard the security

situation in the Government General very seriously. From a

number of symptoms and actions one can draw the conclusion that

a large organized wave of resistance among the Poles is present

in the country awaiting the outbreak of greater and violent

events. Thousands of Poles are reported to have been organized

secretly and to have been armed, and are being incited to carry

out acts of violence of all sorts.”

Then the Governor General quoted some recent examples, as, for instance,

an uprising in certain villages under the leadership of Major Huballa in

the district of Radom; the murder of families of German blood in

Józefów; the murder of the mayor of Grasienta, _et cetera_.

“Illegal pamphlets, inciting to rebellion, are being distributed

and even posted up everywhere; and there can therefore be no

doubt that the security situation is extremely serious.”

Did the Governor General express himself in that manner at the time?

BÜHLER: When I took part in that meeting, the Governor General spoke

about the situation for some time, but the details I cannot recollect.

DR. SEIDL: What happened after that?

BÜHLER: I had only one impression. In the previous months the Governor

General had succeeded, by taking great pains, in imposing on the Police

a procedure for courts-martial which had to be observed in making

arrests and dealing with suspicious persons. Furthermore, the Police had

to concede that the Governor General could refer the sentences of a

summary court-martial to a reprieve commission and that the execution of

sentences could take place only after the sentences had been confirmed

by the Governor General. The statements of the Governor General during

this conference in the middle of May 1940 made me fear that the Police

might see in these statements the possibility for evading the

court-martial and reprieve procedure imposed on them. For that reason I

asked the Governor General for permission to speak after he had finished

his statement. The Governor General cut me short at first and stated

that he wanted to dictate something to the secretary in a hurry, which

the latter was then to dictate to a stenotypist at once and then put it

into its final version. Thereupon the Governor General dictated some

authorization, or order, or some such document; and with absolute

certainty I remember that after he had finished dictating, the secretary

and I think, quite definitely, Brigadeführer Streckenbach, the Commander

of the Regular Police, left the room. I am saying this in advance

because it explains the fact that everything that happened afterwards

has not been recorded in the minutes. The secretary was no longer

present in the room. I expressed my fears, saying that these

requirements laid down for court-martial procedure should be observed

under all circumstances. I am not claiming any particular merit in this

connection, because if I had not done it then this objection would have

been raised, I am convinced, by Reich Minister Seyss-Inquart, or the

Governor General himself would have realized the danger which his

statements might have caused in this respect. At any rate, in reply to

my objection, and without any debate, the Governor General stated at

once that arrests and shootings could take place only in accordance with

the court-martial procedure, and that sentences of the summary

courts-martial would have to be examined by the reprieve commission.

In the ensuing period these instructions were followed. I assume that it

is certain that the reprieve commission received all sentences

pronounced by these courts-martial and dealt with them.

DR. SEIDL: Another entry in Frank’s diary, 12 July 1940, leads one to

the conclusion that at first these leaders of the resistance movement

concerned were merely arrested. I quote a statement of the Governor

General:

“Regarding the question what is to be done with the political

criminals caught in connection with the AB Action, a discussion

is to take place in the near future with State Secretary Dr.

Bühler, Obergruppenführer Krüger, Brigadeführer Streckenbach,

and Ministerial Counsellor Wille.”

Who was Ministerial Counsellor Wille, and what task did he have in that

connection?

BÜHLER: I might say in advance that there is a gap in my memory which

makes it impossible for me to say for certain when the Governor General

told Brigadeführer Streckenbach that in all cases he would have to

observe court-martial procedure and respect the reprieve commission. On

the other hand, I think I can remember for certain that at the time this

discussion took place between Krüger, Streckenbach, Wille, and me,

arrests only had taken place and no executions. Ministerial Counsellor

Wille was the head of the Department of Justice in the Government and

was the competent official for all matters concerning reprieves. The

Governor General wanted these matters dealt with by a legally trained,

experienced man.

During the conference with Krüger, Streckenbach, and Wille it had been

ruled that the persons who had been arrested up to that time were to be

subjected to court-martial procedure and that sentences had to be dealt

with by the reprieve commission. The Police were not exactly

enthusiastic about this. I remember that Krüger told me privately after

the conference that the Governor General was a jack-in-the-box with whom

one couldn’t work, and that in the future he would go his own way.

THE PRESIDENT: Dr. Seidl, the Tribunal thinks that this has been gone

into in too great detail.

DR. SEIDL: Yes, I am coming to the end of my questions.

Witness, during a Police meeting in 1940 on 30 May, the Defendant Dr.

Frank mentioned among other things the following: “The difficulties we

had had with the Kraków professors were terrible. If we had handled the

matter here, it would have taken a different course.” Who arrested these

professors, and to what extent was the Governor General concerned with

this matter?

BÜHLER: On 7 or 8 November 1939, when the Governor General arrived in

Kraków to begin his activities, all professors of the University of

Kraków were arrested by the Security Police without his knowledge and

taken away to concentration camps in the Reich. Among them were

acquaintances of the Governor General, with whom shortly before he had

had social and academic connections through the Academy for German Law.

The Governor General used his influence on Obergruppenführer Krüger

persistently and uninterruptedly until he achieved the release of the

majority of these professors from concentration camps.

This statement of his, which contradicts this, was made, in my opinion,

for the purpose of placating the Police, for the Police did not like

releasing these professors.

DR. SEIDL: What basically was the attitude of the Governor General

concerning mobilization of labor?

BÜHLER: The Governor General and the Government of the Government

General were always attempting to get as many Polish workers for the

Reich as possible. It was clear to us, however, that the employment of

force in recruiting workers might bring about temporary advantages but

that recruitment of workers in that way would not promise much success

in the long run. The Governor General gave me instructions, therefore,

to conduct extensive and intensive propaganda in favor of employment in

the Reich and to oppose all use of force in the recruitment of workers.

On the other hand the Governor General wanted to make his recruitment of

workers for the Reich successful by demanding decent treatment for

Polish workers in the Reich. He negotiated for many years with the Reich

Commissioner for the Allocation of Labor, Gauleiter Sauckel, and

improvements were in fact achieved. The Governor General was especially

opposed to the identifying of Jews and Poles by distinguishing marks in

the Reich. I remember a letter from Reich Commissioner Sauckel in which

he informed the Governor General that he had made every effort to insure

the same treatment for Polish workers as for other foreign workers, but

that his efforts were no longer crowned by success whenever the

influence of the Reichsführer SS opposed them.

DR. SEIDL: Witness, I now come to another point. Under Number USA-275

the Prosecution has submitted Document 1061-PS, which is a report of

Brigadeführer Stroop on the destruction of the ghetto in Warsaw. Were

you, or the Governor General, informed beforehand about the measures

planned by the Security Police?

BÜHLER: I certainly was not. As to the Governor General, I do not know

that he was informed about any such plans.

DR. SEIDL: What did you learn afterwards about the events at the ghetto

in Warsaw in 1943?

BÜHLER: I heard what practically everybody heard—that an uprising had

broken out in the ghetto which had long been prepared; that the Jews had

used the building materials given them for the purpose of air-raid

protection to set up defense works; and that during the uprising violent

resistance was encountered by the German troops.

DR. SEIDL: I now come to the Warsaw uprising of 1944. To what extent did

the administration of the Government General participate in the quelling

of that revolt?

BÜHLER: As our comrades in Warsaw were encircled by the

insurrectionists, we asked the Governor General to apply to the Führer

for assistance to bring about a speedy quelling of the Warsaw revolt.

Apart from that the administration assisted in the welfare of the

population in connection with the evacuation in the battle zone of the

quarters that were to be destroyed. But the administration did not

exercise any authority here.

DR. SEIDL: On 4 November 1945 you made an affidavit. The affidavit bears

the number 2476-PS. I shall now read to you that affidavit, which is

very brief, and I shall ask you to tell me whether the contents are

correct. I quote:

“In the course of the quelling of the Warsaw revolt in August

1944, approximately 50,000 to 60,000 inhabitants of Warsaw (a

Polish estimate) were taken away to German concentration camps.

As a result of a _démarche_ made by the Governor General, Dr.

Frank, to the office of Reichsführer SS Himmler, the latter

prohibited further deportations. The Governor General tried to

secure the release of the 50,000 to 60,000 inhabitants of Warsaw

who had already been taken to concentration camps in the Reich.

The Chief of the Reich Security Main Office, Obergruppenführer

Kaltenbrunner, refused this request, made in writing as well as

orally on the occasion of a visit of mine to Berlin in September

or October 1944, on the grounds that these inhabitants of Warsaw

were being used in the secret manufacture of armaments in the

Reich and that therefore a general release was out of the

question. However, he would be willing to consider individual

applications favorably. Individual applications for release from

concentration camps were granted by Kaltenbrunner during the

subsequent months.

“Contrary to the Polish estimate, the number of persons taken

from Warsaw to concentration camps in the Reich was estimated to

be small by Kaltenbrunner. I myself reported to my office

Kaltenbrunner’s statement regarding the number of internees, and

after a renewed investigation I found that the above-mentioned

figure of 50,000 to 60,000 was correct. These were the people

who had been taken to concentration camps in Germany.”

I now ask you, are the contents of this affidavit, made before an

American officer, correct?

BÜHLER: I can supplement it.

THE PRESIDENT: Before he supplements it, is it in evidence? Has it yet

been put in evidence?

DR. SEIDL: It has the number 2476-PS.

THE PRESIDENT: That doesn’t prove it has been put in evidence. Has it

been put in evidence? Dr. Seidl, you know quite well what “put in

evidence” means. Has it been put in evidence? Has it got a USA exhibit

number?

DR. SEIDL: No, it has not a USA exhibit number.

THE PRESIDENT: Then you are offering it in evidence, are you?

DR. SEIDL: I don’t want to submit it formally in evidence; but I do want

to ask the witness about the contents of this affidavit.

THE PRESIDENT: But it is a document, and if you are putting it to the

witness, you must put it in evidence and you must give it an exhibit

number. You cannot put documents to the witness and not put them in

evidence.

DR. SEIDL: In that case I submit this document as Document Number

Frank-1.

I now ask you, Witness, whether the contents of this affidavit are

correct, and, if so, whether you can supplement this affidavit.

BÜHLER: Yes, I should like to supplement it briefly. It is possible that

I went to see Kaltenbrunner twice about that question—not only

once—and after Kaltenbrunner had refused to release these people the

second time, on the strength of my experiences with the camp commandant

in Camp Pruszkow, I had the impression that it was not in

Kaltenbrunner’s power to order such a release. He didn’t talk to me

about that.

DR. SEIDL: But from his statements you had the impression that perhaps

he too did not have the power to release those people?

BÜHLER: During those conferences I had brought up questions about the

Polish policy, and from these conferences I had the impression that I

might gain Kaltenbrunner’s interest in a reasonable Polish policy and

win him over as an ally in negotiations with Himmler. At any rate,

talking to me, he condemned the methods of force used by Krüger. I

gathered from these statements that Kaltenbrunner did not want to see

methods of force employed against the Poles and that he would have

helped me if he could.

DR. SEIDL: The Soviet Prosecution has submitted a document bearing the

Exhibit Number USSR-128 (Document Number 3305-PS). It is a teleprinted

message from the intelligence office of the Higher SS and Police Leader

East addressed to the Governor General and signed by Dr. Fischer, then

Governor of Warsaw. Under Figure 2 it reads as follows:

“Obergruppenführer Von dem Bach has been given the new task of

pacifying Warsaw, that is to say, of laying Warsaw level with

the ground during the war, except where military considerations

of its value as a fortress are involved. Before the destruction,

all raw materials, all textiles, and all furniture will be

removed from Warsaw. The main task will fall to the civil

administration.

“I herewith inform you that this new Führer decree regarding the

razing of Warsaw is of the greatest significance for the further

new policy regarding the Poles.”

As far as you can recollect, how did the Governor General receive and

view that telegram? And to what extent was his basic attitude altered on

the strength of that message?

BÜHLER: This telegram referred to instructions which Obergruppenführer

Von dem Bach had received from the Reichsführer SS. The administration

in the Government General did not welcome the destruction of Warsaw. On

the contrary, I remember that, together with the Governor General, ways

which might be used to avoid the destruction of Warsaw were discussed.

Just what was really tried I cannot recollect. It may be that further

steps were not taken because of the impossibility of achieving anything.

DR. SEIDL: I now turn to another subject.

THE PRESIDENT: We might adjourn now for 10 minutes.

[_A recess was taken._]

DR. SEIDL: Mr. President, Your Honors, before I continue the

interrogation of the witness Dr. Bühler, I should like to inform you

that I forego the interrogation of the witness Helene Kraffczyk; so this

witness will be the last one.

THE PRESIDENT: Thank you.

DR. SEIDL: Witness, the Defendant Dr. Frank has been accused by the

Prosecution of not having done everything within his power to ensure the

feeding of the population of the Government General. What can you say

about that?

BÜHLER: The decisive reason, the real cause, why the population in the

Government General could not be supplied as efficiently and as

satisfactorily as in Germany was the lack of co-operation on the part of

the Polish population in the measures taken by the Germans to bring

about a just and equal distribution of food quotas. This lack of

co-operation was caused by patriotic considerations, the aversion to

German domination, and the continuous, effective propaganda from the

outside. I do not believe that there was a single country in Europe

where so much was pillaged, stolen, and diverted to the black market,

where so much was destroyed and so much damage was done in order to

sabotage the food program, as in the Government General.

To give one example: All the dairy machinery, which had been provided

with great pains, and the chain of dairies, which had been organized

with difficulty, were destroyed again and again so that a more or less

comprehensive control of milk and fat supplies could not be carried out.

I estimate that the fat sold on the free market and the black market in

the Government General was several times the quantity of that controlled

and distributed officially.

Another decisive reason may be seen in the fact that the Government

General had been carved out of a hitherto self-contained governmental

and economic structure and that no consideration had been given

effecting a proper economic balance.

The large centers of consumption in the Government General, that is to

say, the cities such as Warsaw, Kraków, later Lvov, and also the

industrial area in the center of Poland, had previously received their

supplies to a very large extent directly from the country through the

standing market. In these areas of the Government General there was a

lack of granaries; a lack of refrigerators; there was no systematic

chain of dairies; and storehouses of all kinds were lacking—all

necessary for the directing or controlling of a supply economy by the

state.

The Government General had to construct all these things step by step,

and therefore the supplying of the population was proportionately

difficult. It was not intended to supply the population fully right

away; the supplies were to be improved gradually. I always saw to it

that the directives issued for combating the black market allowed

margins for the acquisition of foodstuffs and that the inhabitants of

the cities were given the opportunity of contacting the producers. In

1942 the rations were to have been increased; then an order came from

the Delegate for the Four Year Plan that rations were not to be

increased and that certain quotas of foodstuffs were to be allocated to

the Reich. Most of these foodstuffs were not taken out of the area, but

were consumed by the Armed Forces on the spot. The Governor General

fought continually against the authorities of the Four Year Plan, in

order to achieve an increase and an improvement in the food supplies for

the Polish population. That struggle was not without success. In many

cases it was possible to increase the rations considerably, especially

those of the workers in armament industries, and other privileged groups

of the working population.

To sum up I should like to say that it was not easy for the population

of the Government General to get its daily food requirements. On the

other hand there were no famines and no hunger epidemics in the

Government General. A Polish and Ukrainian auxiliary committee, which

had delegations in all districts of the Government General, saw to the

supply of foodstuffs for those parts of the population which were in

greatest need. I used my influence to have this committee supplied with

the largest possible amount of foodstuffs, so that it should be able to

pursue its welfare work successfully, and it is known to me that that

committee took special care of the children of large cities.

DR. SEIDL: Witness, what were the measures that the Governor General

took to safeguard art treasures in the areas under his administration?

BÜHLER: With a decree of 16 December 1939 the Reichsführer SS, in his

capacity as Reich Commissioner for the Preservation of German

Nationality, had already ordered, without informing the Governor

General, that all art treasures of the Government General were to be

confiscated and transported to the Reich. The Government General was

successful in preventing this transport to a great extent.

Then a man arrived in the Government General from the Delegate for the

Four Year Plan, State Secretary Mühlmann, who claimed to have plenary

authority from the Delegate for the Four Year Plan. I asked to see that

authorization. It was signed, not by Göring himself, but by somebody in

his circle, Gritzbach. He was entrusted with the task of safeguarding

the art treasures of the Government General in the interests of the

Reich. In order to bring this commissioner—provided as he was with

plenary authority from the Reich—into line with the Government General,

the Governor General entrusted to him, in addition, the task of

collecting together the art treasures of the Government General. He

collected these art treasures and also had catalogues printed; and I

know, from conferences which took place with the Governor General, that

the Governor always attached the greatest importance to having these art

treasures kept within the area of the Government General.

DR. SEIDL: The prosecution, under Number USA-378, that is Document

1709-PS, submitted a report about the investigation of the entire

activity of the Special Commissioner for the Collection and Safeguarding

of Art and Cultural Treasures in the Government General. On Page 6 of

that report it reads, and I quote:

“Reason for investigation: Order of the State Secretary of the

Government of the Government General of 30 June 1942 to

investigate the entire activity of the Special Commissioner

appointed for the collection and safeguarding of art and

cultural treasures in the Government General, according to the

decree of the Governor General of 16 December 1939.”

I ask you now what caused you in 1942 to give this order for

investigation, and did the report lead to serious charges?

BÜHLER: The investigation was found necessary because of the possibility

of a collision of duties, in the case of State Secretary Mühlmann,

between the order given by the Reich and the order given by the Governor

General. I had also heard that some museum pieces had not been properly

taken care of. The investigation showed that State Secretary Mühlmann

could not be blamed in any way.

DR. SEIDL: The Prosecution has submitted another document, 3042-PS,

Exhibit USA-375. It is an affidavit by Dr. Mühlmann, and I quote:

“I was the Special Commissioner of the Governor General of

Poland, Hans Frank, for the safeguarding of art treasures in the

Government General, from October 1939 to September 1943. Göring

in his capacity as chairman of the Reich Defense Council had

commissioned me with this duty.

“I confirm that it was the official policy of the Governor

General, Hans Frank, to take into safekeeping all important art

treasures which belonged to Polish public institutions, private

collections, and the Church. I confirm that the art treasures

mentioned were actually confiscated; and it is clear to me that

in case of a German victory they would not have remained in

Poland, but would have been used to complement German art

collections.”

I ask you now: Is it correct that the Governor General from the very

beginning considered all art treasures which had been safeguarded the

property of the Government General?

BÜHLER: Insofar as they were state property, yes; insofar as they were

private property, they were temporarily confiscated and safeguarded; but

the Governor General never thought of transferring them to the Reich. If

he had wanted to do that, he could have taken advantage of the war

situation itself in order to send these art treasures to Germany. But

where the witness obtained his information, as contained in the last

sentence of his affidavit, I do not know.

DR. SEIDL: The Prosecution submitted a document, L-37, under Exhibit

Number USA-506. It is a letter of 19 July 1944 from the commander of the

Security Police and SD of the district of Radom, to the branch office of

Tomassov. There it says, among other things, and I quote:

“The Higher SS and Police Leader East issued the following order

on 28 June 1944:”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 12 · 第 10 / 47 题