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.”