I pass on to Page 92 of the document book.

This is an affidavit by the witness Wilhelm Ernst von Palezieux, in

whose case the Tribunal has approved an interrogatory. But I was told by

the Tribunal that in place of an interrogatory I could submit an

affidavit. I quote only the two main paragraphs as follows:

“The art treasures stored in the castle in Kraków, from the

spring of 1943, were under official and legal supervision there.

When speaking to me Dr. Frank always referred to these art

treasures as state property of thy Government General.

Catalogues of the existing art treasures had already been made

before I came to Poland. The list of the first selection had

been printed in book form as a catalogue with descriptions and

statements of origin, and had been ordered by the Governor

General.”

THE PRESIDENT: Now you are reading the affidavit all over again. We do

not want that sort of...

DR. SEIDL: Mr. President. I assumed that in those cases where a witness

does not appear before the Tribunal in person, it is admissible that

either the interrogatory or the affidavit be read, because otherwise the

contents of his testimony would not become part of the record nor,

therefore, part of the proceedings.

THE PRESIDENT: That rule was in order that the defendants and their

counsel should have the document before them in German; that is the

reason for reading the documents through the earphones. The Tribunal

will adjourn now, but I want to tell you that you must shorten your

presentation of this documentary evidence. We have already been a good

deal more than an hour over one book and we have four more books to deal

with, and it does not do your case any good to read all these long

passages because we have some more weeks of the trial. It is only

necessary for you to give such connecting statements as make the

documents intelligible, and to correlate them with the oral evidence

that is being given.

[_The Tribunal adjourned until 24 April 1946 at 1000 hours._]

ONE HUNDRED AND THIRTEENTH DAY

Wednesday, 24 April 1946

_Morning Session_

THE PRESIDENT: Dr. Seidl.

DR. SEIDL: Mr. President, Gentlemen of the Tribunal: I left off

yesterday at the last document of Volume I. It is the affidavit of the

witness Ernst von Palezieux, and I ask the Tribunal to take judicial

notice of it. The affidavit is given the document number Frank-9, and

that completes the first volume.

THE PRESIDENT: The first volume, what page?

DR. SEIDL: That was Page 92 of the first volume, Document Frank-9.

THE PRESIDENT: Yes. That is the end of the first volume, isn’t it?

DR. SEIDL: Yes, that is the end of the first volume. Volumes II, III,

and IV of the document book comprise extracts from the diary of the

Defendant Dr. Frank. I do not propose to number all these extracts

individually, but I ask the Tribunal to accept the whole diary as

Document Frank-10 (Document 2233-PS), and I propose to quote only a few

short extracts. For example Pages 1 to 27, Mr. President, are extracts

from the diary which have already been submitted by the Prosecution. I

have put the extracts submitted by the Prosecution into a more extensive

context, and by quoting the entire passages I have attempted to prove

that some of these extracts do not represent the true and essential

content of the diary. Those are Exhibits USA-173, on Page 1 of the

document book, USSR-223 on Page 3, USA-271 on Page 8, USA-611 on Page 11

of the document book. On Page 14 of the document book there appears to

be a misprint. The USA number is not 016 but 613.

THE PRESIDENT: It begins on Page 13 in my copy, doesn’t it?

DR. SEIDL: No, it is on Page 14. It is an entry dated 25 January 1943.

THE PRESIDENT: Well, the document that I have and which I think you are

referring to, is Document 2233 (aa)-PS, Exhibit USA-613. That is on Page

13. I don’t think it makes any difference.

DR. SEIDL: In that case it must be an error by the Translation

Department. At any rate I do not think it is important, I mean this

quotation.

I now turn to Page 20 of the document book, a quotation by the Soviet

Prosecution. On Page 22 there is a quotation by the Soviet Prosecution.

Page 24 of the document book contains quotations by the Prosecution of

both the United States and of the Soviet Union. Exhibit USA-295. Perhaps

I may point out that these extracts are only a few examples merely to

show that in a number of cases the impression obtained is different if

one reads either the entire speech or at least a portion of it.

I then turn to Page 32 of the document book, an entry dated 10 October

1939, in which the Defendant Dr. Frank gives instructions for

negotiations with the Reich Food Ministry regarding the delivery of

5,000 tons of grain per week—Page 32 of the document book.

On Page 34 there is an entry of 8 March 1940, and I quote the first

three lines. The Governor General states:

“In close connection therewith is the actual governing of

Poland. The Führer has ordered me to regard the Government

General as the home of the Polish people. Accordingly, no

Germanization policy of any kind is possible.”

I now pass on to Page 41 of the document book; an entry dated 19 January

1940. I quote the first five lines:

“Dr. Walbaum (Chief of the Health Department): The state of

health in the Government General is satisfactory. Much has

already been accomplished in this field. In Warsaw alone 700,000

typhus injections have been given. This is a huge total, even

for German standards; it is actually a record.”

The next quotation is on Page 50 of the document book, an entry dated 19

February 1940:

“The Governor General is further of the opinion that the need

for official interpretation of Polish law may become greater. We

should probably have to come to some form of Polish government

or regency, and the head of the Polish legal system would then

be competent for such a task.”

THE PRESIDENT: I am afraid there seems to have been some slight

difference in the paging and therefore if you would give us carefully

and somewhat more slowly the actual date of the document we should be

able to find it perhaps for ourselves. The pages do not seem to

correspond.

DR. SEIDL: The last quotation which I read was dated 19 February 1940.

I now turn to a quotation; that is, an entry of 26 February 1940, and I

quote:

“In this connection the Governor General expresses...”

This is on Page 51 in my book. The entry is of 26 February 1940.

THE PRESIDENT: Page 40 in ours.

DR. SEIDL: “In this connection the Governor General expresses

the wish of Field Marshal Göring that the German administration

should be built up in such a way that the Polish mode of living

as such is assured. It should not give the impression that

Warsaw is a fallen city which is becoming germanized, but rather

that Warsaw, according to the Führer’s will, is to be one of the

cities which would continue to exist as a Polish community in

the intended reduced Polish state.”

A further entry, dated 26 February 1940, deals with the question of

higher education. I quote:

“The Governor General points out in this connection that the

universities and high schools have been closed. However, in the

long run it would be an impossible state of affairs, for

instance, to discontinue medical education. The Polish system of

technical schools should also be revived and with the

participation of the city.”

The next quotation is on Page 56 of my document book. An entry of 1

March 1940.

“The Governor General announces in this connection that the

directive has now been issued to give free rein to Polish

development as far as it is possible within the interests of the

German Reich. The attitude now to be adopted is that the

Government General is the home of the Polish people.”

A further entry deals with the question of workers in the Reich

territory. Page 60 of my document book, entry of 19 September 1940—I

beg your pardon, 12 September 1940. I quote:

THE PRESIDENT: Wait a moment. You mean the first of September, do you?

DR. SEIDL: 12 September—no, it should be 12 March; there is obviously a

misprint; 12 March 1940, Page 197 of the diary. I quote:

“Governor General Dr. Frank emphasizes that one could actually

collect an adequate number of workers by force following the

methods of the slave trade, by using a sufficient number of

police, and by procuring sufficient means of transportation; but

that, for a number of reasons, however, the use of propaganda

deserves preference under all circumstances.”

The next quotation is on Page 68 in my document book; an entry of 23

April 1940. I quote the last five lines. The Governor General states:

“The Governor General is merely attempting to offer the Polish

nation protection in an economic respect as well. He was almost

inclined to think that one could achieve better results with

Poles than with these autocratic trustees....”

I now turn to Page 71 of my document book, an entry dated 25 May 1940.

Here the Governor General gives an explanation to the President of the

Polish Court of Appeal, Bronschinski. I quote the last four lines:

“We do not wish to carry on a war of extermination here against

a people. The protection of the Polish people by the Reich in

the German zone of interest gives you the possibility of

continuing your development according to your national

traditions.”

I turn to Page 77 of my document book, an entry from Volume III, July to

September, Page 692. I quote:

“The Governor General then spoke of the food difficulties still

existing in the Government General”—this was to Generaloberst

von Küchler—“and asked the general to see to it that the

provisioning and other requirements of new troops arriving

should be as light a burden as possible on the food situation of

the Government General. Above all, no confiscation whatsoever

should take place.”

I turn to Pages 85 and 86; entries in Volume III, July to September

1940, Page 819 of the diary. This entry deals with the establishment of

the medical academy which was planned by the Governor General. I ask the

Tribunal to take judicial notice of this fact.

The next quotation is on Page 95 of the document book, an entry dated 9

October 1940, from the speech of the Governor General on the occasion of

the opening of the autumn trade fair at Radom. I quote Line 5.

“It is clear that we...”

THE PRESIDENT: Dr. Seidl, the important things for us are the page in

the diary and the date. We seem to have the pages in the diary and the

dates, so if you will tell us them that will be of the greatest help to

us.

DR. SEIDL: The date is 9 October 1940; Pages 966-967 of the diary, I

quote Line 6:

“It is clear that we do not wish to denationalize, nor shall we

germanize.”

The next quotation...

THE PRESIDENT: The translation in our book of that sentence is:

“It is clear that we neither want to denationalize nor

degermanize.”

DR. SEIDL: That is apparently an error in the translation.

THE PRESIDENT: In which translation? In the one I have just read out?

DR. SEIDL: In the English translation. I shall now quote literally:

“It is clear that we neither wish to denationalize nor shall we

germanize.”

The other makes no sense.

THE PRESIDENT: That is what I read. Well, it is right in our book

anyhow.

DR. SEIDL: The Governor General wished to say that we did not want to

deprive the Poles of their national character and that we did not intend

to turn them into Germans.

I now turn to Page 101, to an entry dated 27 October 1940, Pages 1026 to

1027 of Volume IV of the diary. A conference with Reich Minister of

Labor Seldte. I quote, Line 7:

“He, the Governor General, had complained to the Führer that the

wages of Polish agricultural laborers had been reduced by 50

percent. In addition, their wages had for the most part been

used for purposes which were completely foreign to the idea of

this exchange of workers.”

The next quotation is dated 29 November 1940. It is on Page 1085 in

Volume IV, of the year 1940. I quote:

“Hofrat Watzke further states that Reichsleiter Rosenberg’s

office was attempting to confiscate the so-called Polish Library

in Paris, for inclusion in the Ahnenerbe in Berlin. The

Department of Schools was of the opinion that the books of this

Polish library belonged to the state library in Warsaw, as

17,000 volumes were already in Warsaw.

“The Governor General ordered that this Polish library should be

transferred from Paris to Warsaw without delay.”

I ask the Tribunal to take judicial notice of the next entry, dated 6

and 7 June 1940, which refers to an economic conference. I shall not

read from the entry.

The next quotation is dated 25 February 1940. It deals with a conference

of the department chiefs, prefects, and town majors of the district of

Radom. I quote Page 12:

“Thereupon the Governor General spoke, and made the following

statements:”

It goes on from Page 13:

“I shall, therefore, again summarize all the points.

“1. The Government General comprises that part of the occupied

Polish territory which is not an integral part of the German

Reich...

“2. This territory has primarily been designated by the Führer

as the home of the Polish people. In Berlin the Führer, as well

as Field Marshal Göring, emphasized to me again and again that

this territory would not be subjected to Germanization. It is to

be set aside as the national territory of the Polish people. In

the name of the German people it is to be placed at the disposal

of the Polish nation as their reservation.”

The speech of the Governor General ends two pages further. I quote the

last paragraph:

“There is one thing I should like to tell you: The Führer has

urged me to guarantee the self-administration of the Poles as

far as possible. Under all circumstances they must be granted

the right to choose the Wojts and the minor mayors and village

magistrates from among the Poles, which would be to our interest

as well.”

I now turn to the entry of 4 March 1940. From the volume of conferences,

February 1940 to November 1940, Page 8:

“The Governor General submits for consideration the question of

whether a slight pressure could not be exerted through proper

use of the Compulsory Labor Order. He refuses to ask Berlin for

the promulgation of a new decree defining special measures for

the application of force and threats. Measures which might lead

to unrest should be avoided. The shipping of people by force has

nothing in its favor.”

The last quotation in my document book is on Page 143. It is an entry

dated 27 January 1941, Volume I, Page 115. A conference between State

Secretary Dr. Bühler and the Reich Finance Minister, Count Schwerin von

Krosigk. I quote the last paragraph:

“It is due to the efforts of all personnel employed in the

Government General that, after surmounting extraordinary and

unusual difficulties, a general improvement in the economic

situation can now be noted. The Government General, from the day

of its birth, has most conscientiously met the demands of the

Reich for strengthening the German war potential. It is,

therefore, permissible to ask that in future the Reich should

make no excessive demands on the Government General, so that a

sound and planned economy may be maintained in the Government

General, which, in turn, would prove of benefit to the Reich.”

That completes Volume II of the document book.

I now come to Volume III and I ask the Tribunal to refer to a quotation

on Page 17 in my document book. It is an entry following a government

meeting of 18 October 1941. I quote the eighth line from the bottom; it

is a statement of the Governor General:

“I shall first of all state, when replying to these

demands”—that means, the demands of the Reich—“that our

strength has been exhausted and that we can no longer take any

responsibility as regards the Führer. No instructions, orders,

threats, _et cetera_, can induce me to answer anything but an

emphatic ‘no’ to demands which, even under the stress of wartime

conditions, are no longer tolerable. I will not permit a

situation to arise such as you, Mr. Naumann, so expressly

indicated, such as, for example, placing large areas at the

disposal of the troops for maneuvers and thus completely

disrupting the food supply which is already utterly

insufficient.”

The next quotation is on Pages 36 and 37 of my document book. It is an

entry dated 16 January 1942, and the quotation to which I am referring

is on the next page—Pages 65 and 66 of the diary:

“Later on a short discussion took place in the King’s Hall of

the Castle.”

It took place with the chief of the Ukrainian committee. I quote:

“The Governor General desires a larger employment of Ukrainians

in the administrative offices of the Government General. In all

offices in which Poles are employed there should also be

Ukrainians in proportion to the number of their population. He

asked Professor...”

THE PRESIDENT: Dr. Seidl, if you will give us the page in your document

book now, that will be sufficient for the present, because they seem to

correspond.

DR. SEIDL: Very well. May I continue, Mr. President?

THE PRESIDENT: I think so, yes.

DR. SEIDL: I then come to Page 38 in the document book. This entry deals

with a law drafted by Himmler, which has already been mentioned,

regarding the treatment of aliens in the community. I quote:

“The Governor General orders the following letter to be sent to

Landgerichtsrat Taschner:

“‘Please inform Reich Minister Dr. Lammers of my opinion which

follows with my signature certified by yourself: I am opposed to

the law on the treatment of people foreign to the German

community, and I request that an early date be set for a meeting

of leading officials with regard to the draft so that it may be

possible to set forth the principal legal viewpoints which today

still emphatically contradict this proposal in its details. I

shall personally attend this meeting. In my opinion it is

entirely impossible to circumvent the regular courts and to

transfer such far-reaching authority exclusively to police

organizations. The intended court at the Reich Security Main

Office cannot take the place of a regular court in the eyes of

the people.’”

On Page 39 I quote the last paragraph but one:

“For that reason I object to this draft in its present form,

especially with regard to Paragraph 1 of the decree concerning

the order of its execution.”

Page 40 is an entry dated 7 June 1942 which also deals with that

question of denationalization so emphatically denied by the Governor

General. I ask the Tribunal to take judicial notice of this document.

The next quotation is on Page 47 and deals with the acquisition of

Chopin’s posthumous works. I quote Paragraph 2:

“President Dr. Watzke reports that it would be possible to

procure in Paris the major part of Chopin’s posthumous wonks for

the State Library in Kraków. The Governor General approves of

the purchase of Chopin’s posthumous works through the government

of the Government General.”

Page 50 deals with an entry in the diary which concerns the securing of

agricultural property. I quote Page 767 of the diary, Paragraph 2:

“It is my aim to bring about agricultural reform in Galicia by

every possible means, even during the war. I thus have kept the

promises which I made a year ago in my proclamation to the

population of this territory. Further progress of a beneficial

nature can therefore result through the loyal co-operation of

the population with the German authorities. The German

administration in this area is willing, and has also been given

orders to treat the population well. It will protect the loyal

population of this area with the same decisive and fundamental

firmness with which it will suppress any attempt at resistance

against the order established by the Greater German Reich. For

this purpose, for the protection of the individual farmer, I

have issued an additional decree concerning the duties of the

German administration for food and agriculture in Galicia.”

I turn to Page 55 of the document book. This concerns a speech, made by

the Governor General before the leaders of the Polish Delegation, and I

quote the last paragraph on Page 56, Line 6:

“I hope that the new harvest will place us in a position to

assist the Polish Aid Committee. In any event we will do

whatever we can to check the crisis. It is also to our interest

that the Polish population should enjoy their work and

co-operate. We do not want to exterminate or annihilate

anybody...”

Page 61 of the document book deals with a conference which the Governor

General held with the Plenipotentiary General for the Allocation of

Labor. I quote the last paragraph on Page 919 of the diary:

“I would also like to take this opportunity of expressing to

you, Party Comrade Sauckel, our willingness to do everything

that is humanly possible. However, I should like to add one

request: The treatment of Polish workers in the Reich is still

subject to certain degrading restrictions.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 12 · 第 22 / 47 题