GISEVIUS: Since December our group had definite proof that Hitler would

attack Prague in March. This new action was cynically called the “March

whirlwind.” As it was quite openly discussed in Berlin circles, we hoped

that news of this action would also reach the British and French

Embassies. We were firmly convinced that this time results would not be

achieved by surprise; but Halder had already adopted a different view.

He thought that Hitler had been given free passage to Prague by the

Western Powers. He refused to have preliminary conferences and wanted to

wait and see whether this Prague action could be achieved without a

fight. And that is what happened.

DR. DIX: In which direction? You have already spoken about the steps

with the British and French Embassies.

GISEVIUS: No, there were no steps taken with regard to the British and

French Embassies.

DR. DIX: Do you want to say anything further about it? Have you anything

to add?

GISEVIUS: No, I have said that we did not take any steps.

DR. DIX: Now, then, Prague is over; and I believe that you and Schacht

went to Switzerland together on behalf of your group. Is that correct?

GISEVIUS: Not only together with Schacht but also with Goerdeler. We

were of the opinion that Schacht in Germany—excuse me—that Prague

would have incredible psychological effects in Germany. As far as

foreign countries were concerned, Prague was the signal that no peace

and no treaty could be kept with Hitler. Inside Germany unfortunately we

were forced to see that the generals and the people were now convinced

that this Hitler could do whatever he wished; nobody would stop him; he

was protected by Providence. This alarmed us. On one side we saw that

the Western Powers would no longer put up with these things; and on the

other side we saw that within Germany the illusion was growing that the

Western Powers would not go to war. We could see that a war could be

prevented only if the Western Powers would tell not only the Foreign

Minister, not only Hitler, but by every means of propaganda tell the

German nation that any further step towards the East would mean war. It

appeared to us that the only possibility was to warn the generals and to

get them to revolt, and that was the subject of the talks which Schacht,

Goerdeler, and I conducted in Switzerland, immediately after Prague.

DR. DIX: With whom?

GISEVIUS: We met a man who had excellent connections with the British

and French Governments. This man made very exact reports at least to the

French Government. I can testify to this because later after Paris was

conquered, I was able to find a copy of his report among Daladier’s

secret papers. We told this man very clearly that in autumn at the

latest, the fight for Danzig would start. We told him that, as good

Germans, we were without doubt of the opinion that Danzig was a German

city and that some day that point would have to be peacefully discussed;

but we also warned him against having conferences now regarding Danzig

alone because Hitler did not want only Danzig but the whole of Poland,

not the whole of Poland but the Ukraine, and that that was the reason

why the propaganda of foreign countries should make it abundantly clear

to Germany that the limit had now been reached and that the Western

Powers would intervene. We said that only then would a revolt be

possible for us.

DR. DIX: And did this man who had your confidence make a report in the

way you stipulated?

GISEVIUS: Yes, he did; and I must say that very soon public statements

on the part of the British, either on the radio or in the press or in

the House of Commons, began to remove these doubts among the German

generals and the German people. From that time on everything which could

be done was done by the British to alarm the German generals.

DR. DIX: Did not Schacht meet his friend Montagu Norman in Switzerland

at that time and talk with him in the same vein? Do you know? Were you

there?

GISEVIUS: Yes. We thought that the opportunity for Schacht to talk to a

close friend of the British Prime Minister, Chamberlain, should not be

allowed to pass; and Schacht had very detailed discussions with Montagu

Norman, so as to describe to him the psychological atmosphere in Germany

after Prague and to persuade him that the British Government should now

undertake the necessary clarifications.

DR. DIX: Was not your slogan in reports to foreign countries at the

time: “You must play off the Nazis against Germans”?

GISEVIUS: Yes, it was the tenor of all our discussions. We wanted it

made clear to the German people that the Western Powers were not against

Germany, but only against this Nazi policy of surprise and against the

Nazi methods of terror, within the country as well as without.

DR. DIX: And now, having come back from Switzerland, what happened next,

particularly with reference to Schacht?

GISEVIUS: We saw that things in Germany were rapidly drifting toward the

August crisis and that the generals could not be dissuaded from the view

that Hitler was only bluffing and that there would be another Munich or

another Prague. And now began all those desperate efforts which we made

in order to influence the leading generals, and particularly Keitel, to

prevent the decisive order being given to march against Poland.

DR. DIX: Let us come back to Schacht’s return from the Swiss journey in

spring of 1939. You know that Schacht left Germany then and made a

journey to India?

GISEVIUS: He went to India and hoped to stay there as long as possible

in order to go to China. But on the way Hitler’s order prohibiting him

from setting foot on Chinese soil reached him, and he had to return. As

far as I remember, he came back a few days before the outbreak of war.

DR. DIX: You said China; did Schacht have sympathies with

Chiang-Kai-Chek in spite of the pact with Japan?

GISEVIUS: Yes. He sympathized greatly with the Chinese Government, as

did our entire circle. We all had quite a number of good and dear

Chinese friends with whom we attempted to keep in touch in spite of the

Japanese pact.

DR. DIX: About when did Schacht come back from India?

GISEVIUS: I think it was the beginning of August; but I cannot...

DR. DIX: Now matters were rapidly heading toward war. Did Schacht,

before the outbreak of war, take any steps to prevent its outbreak?

GISEVIUS: He took a great number of steps, but they cannot be described

individually as that would create the impression that Schacht alone was

taking these steps. Actually the situation was such that a large group

of people were now in the struggle, and each one took those steps which

were most suited to him, and each one informed the group of what he had

done and what would be advisable for another to do. For that reason I am

afraid that it would present a completely erroneous picture if I were to

describe individually, and only with respect to Schacht, all those

desperate efforts made from August 1939 until the attack on Holland and

Belgium.

DR. DIX: The Tribunal has taken cognizance of the fact that Schacht was

not acting alone; but here we are dealing with Schacht’s case, and I

should like to ask you, therefore, to confine yourself to the

description of Schacht’s efforts.

GISEVIUS: In that case I must state first that Schacht knew of all these

other matters and was in a certain sense also an accomplice. Of Schacht

himself I can only say at this particular moment that he was co-author

of the Thomas memorandum addressed to General Keitel, or the two

memoranda, in which Schacht, together with our group, pointed out the

dangers of war to Keitel. Further, I can say that, through Thomas and

Canaris, Schacht took steps to intervene with Brauchitsch and Halder.

But I would like to emphasize expressly that all the steps taken by Beck

and Goerdeler were taken with the full knowledge of Schacht and also

with his participation. This was a very important undertaking.

DR. DIX: A collective action? Does not Schacht’s attempt at the very

last moment, at the end of August, to make representations to

Brauchitsch through Canaris at headquarters play a part in this?

GISEVIUS: Yes. After General Thomas had failed with both his memoranda

and after he had failed to persuade Keitel to receive Goerdeler or

Schacht, Schacht tried to approach Brauchitsch or Halder. For that

purpose Thomas paid frequent visits to General Halder, and it was

typical that during those critical days he could not get past the

anteroom of General Halder’s office, past General Von Stülpnagel. Halder

was not “at home,” and just said that he did not want to see Schacht.

Thereupon we took a further step on that dramatic 25 August, the day on

which Hitler had already once given the order to march. As soon as the

news reached us that Hitler had given Halder the order to march, Schacht

and I first got into touch with Thomas; and then, together with Thomas,

we went to Admiral Canaris so that both Thomas and Canaris should

accompany Schacht when he went unannounced to the headquarters in Zossen

in order to confront Brauchitsch and Halder with his presence. Schacht

intended to point out to Brauchitsch and Halder that, in accordance with

the existing constitution, the Reich Cabinet must be consulted before

waging war. Brauchitsch and Halder would be guilty of a breach of oath

if, without the knowledge of the competent political authorities, they

obeyed an order for war. That was roughly what Schacht intended to say

to explain his step. When Thomas and Schacht arrived at Bendlerstrasse,

Thomas went to Canaris. It was about 6 o’clock or...

DR. DIX: The OKW is situated in Bendlerstrasse. The Tribunal should know

that Bendlerstrasse meant the OKW or the OKH.

GISEVIUS: When we arrived at the OKW and were waiting at a corner of the

street, Canaris sent Oster to us. That was the moment when Hitler

between 6 and 7 o’clock suddenly ordered Halder to withdraw his order to

march. The Tribunal will no doubt remember that Hitler, influenced by

the renewed intervention of Mussolini, suddenly withdrew the order to

march which had already been given. Unfortunately, Canaris and Thomas

and all our friends were now under the impression that this withdrawal

of an order to march was an incredible loss of prestige for Hitler.

Oster thought that never before in the history of warfare had a supreme

commander withdrawn such a decisive order in the throes of a nervous

breakdown. And Canaris said to me, “Now the peace of Europe is saved for

50 years, because Hitler has now lost the respect of the generals.” And,

unfortunately, in the face of this psychological change, we all felt

that we could look forward to the following days in a quiet frame of

mind. So, when 3 days later, Hitler nevertheless gave the decisive order

to march, it came as a complete surprise for our group as well. Oster

called me to the OKW; Schacht accompanied me. We asked Canaris again

whether he could not arrange another meeting with Brauchitsch and

Halder, but Canaris said to me, “It is too late now.” He had tears in

his eyes and added, “That is the end of Germany.”

DR. DIX: Your Lordship, we now come to the war, and I think that perhaps

we had better deal with the war after lunch.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

DR. DIX: Dr. Gisevius, before the noon recess we had just come to the

outbreak of the war, and so that your subsequent testimony may be

understood, I must ask you first in what capacity you served during the

war.

GISEVIUS: On the day of the outbreak of war I was called to Security

Intelligence by General Oster by means of a forged order. However, as it

was a regulation that all officers or other members of the intelligence

service had to be examined by the Gestapo, and as I would never have

received permission to be a member of the intelligence, they simply gave

me a forged mobilization order. Then I was at the disposal of Oster and

Canaris without doing any direct service.

DR. DIX: And after the outbreak of war what were the activities of your

group of conspirators, the members of which you have already mentioned?

Who took over the leadership, who participated, and what was done?

GISEVIUS: Immediately after the outbreak of the war Generaloberst Beck

was at the head of all oppositional movements which could exist in

Germany at all, with the exception of the Communists with whom we had no

contact at that time. We were of the opinion that only a general could

be the leader during war, and Beck stood so far above purely military

matters that he was the suitable man to unify all groups from the left

to the right. Beck chose Dr. Goerdeler as his closest collaborator.

DR. DIX: Consequently the only civilians who worked with this group of

conspirators were Schacht and Goerdeler as before?

GISEVIUS: No, on the contrary; all the opposition groups, who had so far

had merely loose connections with each other, were now drawn together

under the pressure of war. This was especially so with the left

opposition movements, which had been greatly reduced in the early years

as all their leaders had been interned. These left groups especially now

came in with us. In this connection I shall merely mention Leuschner and

Dr. Karl Muehlendorf. However, I must also mention the Christian Trade

Unions, and Dr. Habermann, and Dr. Jacob Kaiser. Further I must mention

the Catholic circles, the leaders of the Confessional Church, and

individual political men such as Ambassador Von Hassell, State Secretary

Planck, Minister Popitz, and many, many others.

DR. DIX: What was the attitude of these left circles, especially

concerning the question of a revolt, the forceful removal of Hitler or

even an attempt on his life? Did they also consider the possibility of

an attempt at assassination, which later was actually suggested in your

group?

GISEVIUS: No, the left circles were very much under the impression that

the “stab in the back” legend had done much harm in Germany; and the

left circles thought that they ought not to expose themselves again to

the danger of having it said later that Hitler or the German Army had

not been defeated on the battlefield. The left-wing had long been of the

opinion that no matter how bitter an experience it might be for them, it

must now be proved absolutely to the German people that militarism was

committing suicide in Germany.

DR. DIX: I have already submitted to the Tribunal, a letter which you,

Doctor, smuggled to Switzerland for Schacht at about this time—the end

of 1939. It is a letter to the former president of the International

Bank at Basel, later president of the First National Bank of New York; a

man of influence, who probably had access to President Roosevelt.

In anticipation of the documentary evidence pertaining hereto I had

originally intended to read this letter to the Tribunal now. However, in

discussing the admissibility of evidence I informed the Tribunal of most

of the essential points, and as Mr. Justice Jackson could not yet have

the Schacht Document Book in hand, and as he remarked previously that he

did not like me to produce documentary evidence at this point, I will

not carry out my original intention to read this letter in its entirety.

I will come back to it when I present my documentary evidence. Just to

refresh the witness’ memory about this letter, I will give the

underlying reasons for it. Schacht suggested to President Fraser that

now the moment...

MR. JUSTICE JACKSON: I make no objection to the use of the letter from

Schacht to Leon Fraser as one banker writing to another. If you want to

claim that Mr. Fraser was influential with President Roosevelt, I should

want you to prove it; but I have no objection to the letter.

DR. DIX: The letter is dated 14 January 1946. I will not read it in its

entirety, for there are six long pages. Its contents are...

THE PRESIDENT: What date was it?

DR. DIX: I had the wrong letter. The 16 October 1939. It will be Exhibit

Number 31 in my document book. He writes that now would be an excellent

time to give peace to the world with President Roosevelt—that would be

a victory, also a German victory...

THE PRESIDENT: Is the letter from Schacht?

DR. DIX: From Schacht to Fraser.

THE PRESIDENT: Do you have proof for the letter?

DR. DIX: If the Tribunal prefers, Schacht can also deal with the letter.

In that case I will only ask the witness whether it is true that he

smuggled this letter into Switzerland.

[_Turning to the witness._] Please answer the question, Witness.

GISEVIUS: Yes. I took this letter to Switzerland and mailed it there.

DR. DIX: Very well. What did your group do to bring about peace, or

prevent the war from spreading? Did you undertake further activities in

foreign politics in that direction in your opposition group, that is,

your group of conspirators?

GISEVIUS: The main thing for us was with all possible means to prevent

the war from spreading. It could only spread toward Holland and Belgium

or Norway. We recognized clearly that if a step was taken in this

direction, the consequences, not only for Germany, but for the whole of

Europe would be tremendous. Therefore, we wanted to prevent war in the

West by all means.

Immediately after the Polish Campaign Hitler decided to move his troops

from the East to the West, and to launch the attack by violating the

neutrality of Holland and Belgium.

We believed that if we could succeed in preventing this attack in

November we would in the coming winter months gain enough time to

convince the individual generals, above all Brauchitsch and Halder and

the leaders of the army groups, that they must at least oppose the

expansion of the war.

Brauchitsch and Halder evaded the question and said it was now too late,

that the enemy would fight Germany to the end and destroy her. We did

not share this opinion. We believed a peace with honor was still

possible, and by honor I mean that we would of course eliminate the Nazi

hierarchy to the last man. In order to prove to the generals that the

foreign powers did not wish to destroy the German people, but wanted

only to protect themselves against the Nazi terror, we took all possible

steps abroad. The first attempt in that direction, or a small part of

that attempt, was the letter written by Schacht to Fraser, the object of

which was to point out that certain domestic political developments were

imminent and that if we could gain time, that is, if we could come

through the winter, we could perhaps persuade the generals to undertake

a revolt.

DR. DIX: Thank you. May I interrupt you for a moment? I would like to

call the attention of the Tribunal now to the fact that the witness is

referring to a passage, to a suggestion, contained in the letter. This

letter is in English. I have no German translation, and I must therefore

read this sentence in English. “My feeling is that the earlier

discussions be opened, the easier it will be to influence the

development of certain existing conditions.” The question is now...

Now, I would like to ask you: What did Dr. Schacht mean by the “certain

existing conditions” that were to be influenced? Did he mean your

efforts?

MR. JUSTICE JACKSON: I must interpose an objection. I am not sure

whether you have misunderstood it. I think that what Schacht meant is

not a question to be addressed to this witness. I shall have no

objection to Dr. Schacht telling us what he meant by his cryptic

language, but I don’t think that this witness can interpret what Schacht

meant unless he has some information apart from anything that now

appears. I don’t want to be over technical about this, but it does seem

to me that this is the sort of question which should be reserved for Dr.

Schacht himself.

DR. DIX: Mr. Justice Jackson, of course, is right, but this witness said

that he smuggled the letter into Switzerland, and I assume that he

discussed the contents of the letter with Schacht and was therefore in a

position to explain the cryptic words.

THE PRESIDENT: He didn’t say this yet; he hasn’t said he ever saw the

letter except the outside of it. He hasn’t said he ever saw the letter.

DR. DIX: Will you please tell us whether you saw the letter and knew its

contents?

GISEVIUS: I am sorry that I did not so clearly at once, but I helped in

drafting the letter. I was there when the letter was drafted and

written.

DR. DIX: Then I believe Justice Jackson will withdraw his objection.

MR. JUSTICE JACKSON: Yes.

DR. DIX: Will you please answer my question; what is meant by those

cryptic words?

GISEVIUS: We wanted to suggest that we, in Germany, were interested in

forcing certain developments and that we now expected an encouraging

word from the other side. I do not, however, want any misunderstanding

to arise here. In this letter it also states very clearly that President

Roosevelt had in the meantime been disappointed many times by the German

side, so that we had to beg, to urge him to take such a step. It is a

fact that President Roosevelt had taken various steps for peace.

DR. DIX: Let us go on now. If I give you the cue “Vatican Action”?...

GISEVIUS: In addition to this attempt to enter into discussions with

America, we believed we should ask for a statement from the British

Government. Again it was our aim solely to...

THE PRESIDENT: Is the original of this letter still available or is this

only given from memory?

DR. DIX: The original copy, yes; that is, a copy signed by Schacht is

here. It was kept during the war in Switzerland and was brought back to

us from Switzerland by this witness.

[_Turning to the witness._] Now, let us go on to the “Vatican Action.”

GISEVIUS: We tried in every possible way to prove to General Halder and

General Olbricht that their theory was wrong, that there could be no

longer a question of dealing with a decent German government. We

believed that we should now follow a particularly important and safe

road. The Holy Father made personal efforts in these matters, as the

British Government had, with justification, become uncertain whether

there really existed in Germany a trustworthy group of men with whom

talks could be undertaken. I remember that shortly afterwards the Venlo

incident took place when, with the excuse that there was a German

opposition group, officials of the English Secret Service were kidnapped

at the Dutch border. Therefore, we were anxious to prove that there was

a group here which was honestly trying to do its best and which, if the

occasion arose, would stand by its word under all circumstances. I

believe that we kept our word regarding the things we proposed to do,

while we said quite frankly that we could not bring about this revolt as

we had said previously we hoped to do.

These negotiations began in October—November 1939. They were only

concluded later in the spring, and if I am asked I will continue.

DR. DIX: Yes, please describe the conclusion.

GISEVIUS: I believe I must add first that, during November of 1939,

General Halder actually had intended a revolt, but that these intentions

for a revolt again came to naught because at the very last minute Hitler

called off the western offensive. Strengthened by the attitude of Halder

at that time, we believed that we should continue these discussions at

the Vatican. We reached what you might call a gentleman’s agreement, on

the grounds of which I believe that I am entitled to state that we could

give the generals unequivocal proof that in the event of the overthrow

of the Hitler regime, an agreement could be reached with a decent civil

German government.

DR. DIX: Did you read the documents yourself, Doctor?

GISEVIUS: These were oral discussions which were then written down in a

comprehensive report. This report was read by the Ambassador Von Hassell

and by Dr. Schacht before it was given to Halder by General Thomas.

Halder was so taken aback by the contents that he gave this

comprehensive report to Generaloberst Von Brauchitsch. Brauchitsch was

enraged and threatened to arrest the intermediary, General Thomas, and

thus this action which had every prospect of success, failed.

DR. DIX: Doctor, you have testified...

THE PRESIDENT: Dr. Dix, the last notes that I have got down in my

notebook are these: “That we knew that if Holland, Belgium, and the

other countries were attacked, it would have very grave consequences and

we therefore negotiated with Halder and Brauchitsch and they weren’t

prepared to help us to stop the war at that time. We wanted peace with

honor, eliminating politics. We took all possible steps.” Well, now,

since I took these notes down, I think we spent nearly 10 minutes in

details, which are utterly irrelevant, about further negotiations. If

they took all possible steps, what is the point of giving us these

details about it?

DR. DIX: Yes, Your Lordship, if a witness is called in a matter of such

importance, where he as well as the defendants’ counsel must always take

into account that people who are of a different opinion may say “these

are just generalities, we want facts and particulars,” then I cannot

forego having the witness testify at least in broad outline that, for

example, a detailed action had been undertaken through His Holiness in

the Vatican. If he merely says that the result of this action was a

comprehensive report, if with Halder and Brauchitsch the above

mentioned...

THE PRESIDENT: I agree with you that the one sentence about some

negotiations with the Vatican may have been properly given, but all the

rest of it were unnecessary details.

DR. DIX: Anyway we have already concluded this chapter, Your Lordship.

[_Turning to the witness._] You have already testified that the revolt

which was planned for November did not occur because the western

offensive did not take place. Therefore, we need not pursue this subject

any further. I would merely like to ask you at this point: Did your

group of conspirators remain inactive during the winter, and

particularly during the spring, or were further plans followed and acted

upon?

GISEVIUS: Constant attempts were made to influence all generals within

our reach. Besides Halder and Brauchitsch we tried to reach the generals

of the armored divisions in the West. I remember, for instance, there

was a discussion between Schacht and General Hoeppner.

DR. DIX: Hoeppner?

GISEVIUS: Hoeppner. We also tried to influence Field Marshal Rundstedt,

Bock, and Leeb. Here, too, General Thomas and Admiral Canaris were the

intermediaries.

DR. DIX: And how did the generals react?

GISEVIUS: When everything was ready, they would not start.

DR. DIX: Now, we come to the summer of 1941. Hitler is in Paris. The

aerial offensive against England is imminent. Tell us about your group

of conspirators and their activity during this period and the period

following.

GISEVIUS: After the fall of Paris, our group had no influence at all for

months. Hitler’s success deluded everyone, and it took much effort on

our part, through all channels available, to try at least to prevent the

bombardment of England. Here again the group made united efforts and we

tried, through General Thomas and Admiral Canaris and others, to prevent

this evil.

DR. DIX: Do I understand you correctly, when you use the word “group”

you mean the group which was led by Beck, in which Schacht collaborated?

GISEVIUS: Yes.

DR. DIX: Now, at that time did Schacht have several talks, or one talk,

along the same line in Switzerland?

GISEVIUS: That was a little later. We have now come to the year 1941,

and on this trip to Switzerland Schacht tried to urge that a peace

conference should be held as soon as possible. We knew that Hitler was

thinking about the attack on Russia, and we believed that we should do

everything to avert at least this disaster. With this thought in mind

Schacht’s discussions in Switzerland were conducted. I myself took part

in arranging a dinner in Basel with the president of the B. I. Z., Mr.

McKittrick, an American, and I was present when Schacht tried to express

at least the opinion that everything possible must now be done to

initiate negotiations.

DR. DIX: In this connection I would respectfully like to remind the

Tribunal of the article in the _Basler Nachrichten_, of which I

presented the essential contents when we discussed the admissibility of

the document. It deals with a similar conversation between Schacht and

an American economist. That is the same trip which the witness is now

discussing. I will take the liberty of referring to this article later,

when presenting documentary evidences.

[_Turning to the witness._] Now, the war continued. Do you have anything

to say about Russia; about the imminent war with Russia?

GISEVIUS: I can say only that Schacht knew of all the many attempts

which we undertook to avert this catastrophe.

DR. DIX: Now let us go further to the time of Stalingrad. What was done

by your group of conspirators after this critical period of the war?

GISEVIUS: When we did not succeed in persuading the victorious generals

to engineer a revolt, we then tried at least to win them over to one

when they had obviously come up against their great catastrophe. This

catastrophe, which found its first visible signs in Stalingrad, had been

predicted in all its details by Generaloberst Beck since December of

1942. We immediately made all preparations so that at the moment, which

could be forecast with almost mathematical exactitude, when the army of

Paulus, completely defeated, would have to capitulate, then at least a

military revolt could be organized. I myself was called back from

Switzerland and participated in all discussions and preparations. I can

only testify that this time a great many preparations were made. Contact

was also made with the field marshals in the East, with Witzleben in the

West but again, things turned out differently, for Field Marshal Paulus

capitulated instead of giving us the cue at which Kluge, according to

plan, was to start the revolt in the East.

DR. DIX: This was the time of the so-called Schlaberndorff attempt?

GISEVIUS: No, a little later.

DR. DIX: Now I shall interpose another question. Until now you have

always described the group led by Generaloberst Beck and supported by

Schacht, Goerdeler, _et cetera_, as a revolt movement, that is, a group

which wanted to overthrow the government. Did you not now more and more

aim at an assassination?

GISEVIUS: Yes, from the moment when the generals again deserted us, we

realized that a revolt was not to be hoped for, and from that moment on

we took all the steps we could to instigate an assassination.

DR. HANS LATERNSER (Counsel for General Staff and High Command of the

German Armed Forces): Mr. President, I must object at this point to the

testimony of the witness. The witness, Dr. Gisevius, by his testimony

has incriminated the group which I represent. However, some of this

testimony is so general that it cannot be referred to as fact.

Furthermore, he has just testified that the field marshals in the East

had “deserted” the group of conspirators. These statements are opinions

which the witness is giving, but they are not facts, to which the

witness must limit his testimony, and therefore I ask—Mr. President, I

have not yet finished. I wanted to conclude with the request for a

resolution by the Court that the testimony given by the witness, where

he asserted that the generals had “deserted” the group of conspirators,

be stricken from the record.

DR. DIX: May I please reply briefly? I cannot agree with the opinion of

my esteemed colleague Dr. Laternser that the statement “the generals

deserted us” was not a statement of fact...

THE PRESIDENT: I don’t think we need to hear further argument upon it.

It certainly won’t be stricken from the record until we have had time to

consider it, and Dr. Laternser will have his opportunity of examining

this witness, and he can then elucidate any evidence he wants to.

DR. LATERNSER: But, Mr. President, if I make the motion for the reason

that the witness is giving testimony which is beyond his scope as a

witness, and that he is giving his opinion, then to that extent it is

inadmissible testimony which would have to be stricken from the record.

THE PRESIDENT: If you mean that the evidence is hearsay, that will be

perfectly obvious to the Tribunal, and doesn’t make the evidence

inadmissible, and you will be able to cross-examine him about it.

DR. LATERNSER: Mr. President, I have been misunderstood. I did not say,

and I am not basing my request to strike the testimony from the record

on the allegation that the witness made statements from hearsay; but I

say that it is not a statement of fact, but an opinion which the witness

is giving when he says that “the generals in the East deserted the group

of conspirators.”

DR. DIX: May I answer briefly to that? If I try to influence a group of

generals to organize a revolt and if they do not do so, that is a fact

and I can state this fact with the words, “They deserted us.” Naturally

I can also say, “They did not revolt,” but that is merely a matter of

expression. Both are facts and not an opinion. He is not appraising the

behavior of the generals in an ethical, military, or political sense, he

is merely pointing out, “They were not willing.”

THE PRESIDENT: Go on.

DR. DIX: [_Turning to the witness._] If I recall correctly, you were

just about to tell us that now the policy of the conspirators’ group

changed from a revolt to an assassination. Is that correct?

GISEVIUS: Yes.

DR. DIX: Do you wish to state anything further?

GISEVIUS: You had asked me about the first step in this direction after

Generaloberst Beck had given up all hope of being able to win over

another general to a revolt. It was said at that time that there was now

nothing left for us but to free Germany, Europe, and the world from the

tyrant by a bomb attack. Immediately after this decision, preparations

were started. Oster spoke to Lahousen and Lahousen furnished the bombs

from his arsenal. The bombs were taken to the headquarters of Kluge at

Smolensk, and with every possible means we tried to bring about the

assassination, which was unsuccessful only because at a time when Hitler

was visiting the front, the bomb which had been put in his airplane did

not explode. This was in the spring of 1943.

DR. DIX: Now, an event took place in the Abwehr OKW, which as a result

of further developments, strongly affected Schacht’s further attitude

and also your remaining in Germany. Will you please describe that?

GISEVIUS: Gradually even Himmler could not fail to see what was

happening in the OKW, and at the urgent request of SS General

Schellenberg a thorough investigation of the Canaris group was now

started. A special commissioner was appointed and on the first day of

this investigation Oster was relieved of his post and a number of his

collaborators were arrested. A short time afterwards Canaris was also

dismissed from his post. I myself could no longer remain in Germany and

thus this group, which until now had in a certain sense been the

directorate of all the conspiracies, was eliminated.

DR. DIX: During that time, that is January 1943, Schacht was also

relieved of his position as Reich Minister without Portfolio. Did you

meet Schacht after that time?

GISEVIUS: Yes. By chance I was in Berlin on the day this letter of

dismissal arrived. It was an unusually sharp letter and I remember that

that night I was asked to the country house of Schacht, and as the

letter had simply stated that Schacht was to be dismissed, we wondered

whether he was also going to be arrested.

DR. DIX: I would like to remind the Tribunal that I read this letter

into the record when Lammers was examined and showed it to him. This

letter—I mean Schacht’s letter of dismissal signed by Lammers—has

already been read into the record and is probably contained in my

document book.

[_Turning to the witness._] You were in Switzerland at that time, but on

20 July you were in Berlin. How did that happen?

THE PRESIDENT: You mean the 20th of July 1944?

DR. DIX: Yes, the well-known day of the 20th of July. We are rapidly

approaching the end now.

GISEVIUS: A few months after the elimination of the Canaris-Oster circle

we formed a new group around General Olbricht. At that time Colonel

Count Von Stauffenberg also joined us. He replaced Oster in all

activities, and when after several months, and after many unsuccessful

attempts and discussions, the time finally arrived in July 1944, I

returned secretly to Berlin in order to participate in the events.

DR. DIX: But you had no direct connection with Schacht at this attempted

assassination?

GISEVIUS: No; I, personally, was in Berlin secretly and saw only

Goerdeler, Beck, and Stauffenberg; and it was agreed expressly at this

time that no other civilian except Goerdeler, Leuschner, and myself were

to be informed of the matter. We hoped thus to protect lives by not

burdening anyone unnecessarily with this knowledge.

DR. DIX: Now I come to my last question.

You know that Schacht had after all held high government positions under

the Hitler regime. You, Doctor, as is shown by your testimony today were

an arch enemy of the Hitler regime. Despite that you had, as can also be

seen from your testimony today, special confidence in Schacht. How do

you explain this fact which at first sight seems to be contradictory in

itself?

GISEVIUS: My answer can, of course, only express a personal opinion and

I will formulate it as briefly as possible. However, I would like to

emphasize that the problem of Schacht was confusing not only to me but

to my friends as well; Schacht was always a problem and a puzzle to us.

Perhaps it was due to the contradictory nature of this man that he kept

his position in the Hitler government for so long. He undoubtedly

entered the Hitler regime for patriotic reasons, and I would like to

testify here that the moment his disappointment became obvious he

decided for the same patriotic reasons to join the opposition. Despite

Schacht’s many contradictions and the puzzles he gave us to solve, my

friends and I were strongly attracted to Schacht because of his

exceptional personal courage and the fact that he was undoubtedly a man

of strong moral character, and he did not think only of Germany but also

of the ideals of humanity. That is why we went with him, why we

considered him one of us; and, if you ask me personally, I can say that

the doubts which I often had about him were completely dispelled during

the dramatic events of 1938 and 1939. At that time he really fought, and

I will never forget that. It is a pleasure for me to be able to testify

to this here.

DR. DIX: Your Lordship, I am now through with the questioning of this

witness.

THE PRESIDENT: Does any other member of the defendants counsel want to

ask questions of the witness?

HERR GEORG BÖHM (Counsel for SA): Witness, yesterday you said that you

were a member of the Stahlhelm. When and for how long were you a member?

GISEVIUS: I entered the Stahlhelm in 1929, I believe, and left that

organization in 1933.

HERR BÖHM: You know the mentality of the members of the Stahlhelm. You

know that, almost without exception, they were people who had served in

the first World War, and I would like to ask you now whether the

internal and foreign political goals of the Stahlhelm were to be reached

by its members in a legal or in a revolutionary manner?

GISEVIUS: To my knowledge the Stahlhelm always favored the legal way.

HERR BÖHM: Yes. Was the fight of the Stahlhelm against the Treaty of

Versailles which every organization with national tendencies took up, to

be carried on by legal or revolutionary means, or means of force?

GISEVIUS: It is very hard for me to answer for the entire Stahlhelm, but

I can only say that I, and the members of the Stahlhelm organization

with whom I was acquainted, knew that the Stahlhelm wanted to take the

legal way.

HERR BÖHM: Is it correct to say that in the year 1932 and 1933 hundreds

of thousands, regardless of party and race, entered the Stahlhelm

organization?

GISEVIUS: That is correct. The more critical matters became in Germany,

the more people went to the right. I myself having experienced this

growth of the Stahlhelm as an official speaker at public meetings, from

1929 to 1933, I would describe it in this way: That those who did not

want to join the NSDAP and the SA, deliberately entered the Stahlhelm so

that within the German rightist movement there would be a counterbalance

against the rising “brown” tide. That was the underlying reason of our

recruitment for the Stahlhelm at that time.

HERR BÖHM: You know, of course, that in the year 1933 the Stahlhelm

organization as a whole was taken into the SA. Was it possible at that

time for the individual member of the Stahlhelm to say “no,” or to

protest against being taken over into the SA?

GISEVIUS: That was possible, of course, as everything was possible also

in the Third Reich.

HERR BÖHM: What would have been the possible consequences of such a

step?

GISEVIUS: The possible consequences would have been a violent discussion

with the regional Party leaders or SA leaders. At that time I was no

longer a member of the Stahlhelm and I can merely say that it

undoubtedly must have been very difficult for many people, particularly

those living in the country, to refuse being transferred to the SA.

After they had been betrayed by their leader, Minister Seldte, or as it

was said at that time “sold” to the SA, refusal to transfer to the SA

was naturally a sign of open distrust toward National Socialism.

HERR BÖHM: I gather from my correspondence with the former members of

the Stahlhelm, that these people who, as former members of the

Stahlhelm, were taken into the SA, remained a foreign body in it and

were in constant opposition to the NSDAP and the SA. Is that correct?

GISEVIUS: As I myself no longer belonged to that organization, I can

only say that I assume that those members of the Stahlhelm felt very

uneasy in their new surroundings.

HERR BÖHM: Do you know whether the members of the Stahlhelm, before 1934

and from 1934, participated in Crimes against Peace, against the Jews,

against the Church, and so forth?

GISEVIUS: No, I know nothing about that.

HERR BÖHM: Now I would also like to question you about the SA as far as

you are able to give information. Yesterday at least you expressed

yourself freely with regard to the SA leaders. I would like to ask you,

in replying to a question I shall now ask, to confine yourself to a

circle of SA members which lies between the simple SA man and the

Standartenführer or the Brigadeführer. Could you tell from the attitude

and activity of the ordinary SA man and that of the Standartenführer or

Brigadeführer—and I do not go beyond that limit because I well remember

the statements you made yesterday concerning the Gruppenführer or

Obergruppenführer—that these people intended to commit Crimes against

Peace?

GISEVIUS: It is, of course, very difficult to answer such a general

question. If you ask me about the majority of these SA men, I can only

say no.

HERR BÖHM: Witness, did you notice that SA men were arrested and that SA

men were also put into concentration camps?

GISEVIUS: I saw that many times. In 1933, 1934, and 1935, that was in

the years when it was my official duty to deal with these matters, many

SA men were arrested by the Gestapo, beaten to death, or at least

tortured, and put into concentration camps.

HERR BÖHM: Could a man, who was in the SA, or anyone outside for that

matter, judge the SA as a whole from the activity of its members, or

from individual cases, and gather that the SA intended to commit Crimes

against Peace?

GISEVIUS: No. When I consider what efforts even we in the High Command

of the Wehrmacht had to make to try and discover whether or not Hitler

was planning a war, I naturally cannot attribute to a simple SA man

knowledge of something which we ourselves did not know for certain.

HERR BÖHM: The Prosecution asserted that the SA incited the youth and

the German people to war. Did you observe anything of that nature? You

were a member of the Gestapo and such activities could not have escaped

your notice.

GISEVIUS: That is another extremely general question, and I do not know

to what extent certain songs, and other things, can be considered a

preparation for war. At any rate I cannot imagine that the mass of the

SA was of a different frame of mind than the mass of the German people

in the years up to 1938, and the general trend of opinion beyond a doubt

was that the mere thought of war was absolute madness.

HERR BÖHM: Was there anything that made you think that the SA intended

to commit Crimes against Peace, or that they had committed such crimes?

GISEVIUS: As far as the ordinary SA man is concerned, I must say “no”

again, and I say the same for the mass of the SA. I could not say to

what extent the higher leaders were involved in plotting all the

horrible things we have heard about here, but the majority undoubtedly

did not know of such things and were not trained for them.

HERR BÖHM: Witness, it cannot be denied that mistakes were made by a

number of SA men, and criminal acts were committed for which these

people certainly should be punished.

You know the SA and know what took place during the revolutionary period

and afterwards. Are you in a position to estimate or to give a

proportional figure as to what percentage of the numerous members of the

SA conducted themselves in a punishable manner? I call your attention to

the fact that up to, perhaps 1932 or 1933, the SA...

THE PRESIDENT: Just a moment, Dr. Böhm. The Tribunal doesn’t think that

is a proper question to put to a witness, what percentage of a group of

this sort, of hundreds of thousands of men, take a certain view.

HERR BÖHM: However the explanation of this question would be very

important for my case, Mr. President. Here is a witness who was outside

the SA, who as a member of the Gestapo was perhaps one of the few people

who could look into the activities of the SA, and actually did look into

them, and he will certainly be believed by the Tribunal. He knew fairly

well what criminal procedures were carried out and also—and that is

what I want to say—the number of members of the SA, and he is one of

the few who are in a position to testify on this matter. I believe that

if the witness is in a position to testify hereto, the testimony given

by him will be of great importance to the Tribunal also.

THE PRESIDENT: The Tribunal has already ruled that not only this

witness, but other witnesses, are not in a position to give such

evidence, and the question is denied.

HERR BÖHM: Witness, do you know of cases in which SA members worked in

opposition to the SA?

GISEVIUS: I answered that question when I said that quite a number of SA

members were arrested by the Gestapo.

HERR BÖHM: Yes. Do you know what criminal proceedings were taken against

the members of the SA, and possibly how many?

GISEVIUS: Far too few, I am sorry to say, if you put it that way.

HERR BÖHM: Yes.

GISEVIUS: Unfortunately there were many who committed misdeeds in the SA

and who went scot-free. I am sorry that I must answer in this way.

HERR BÖHM: Certainly. And in what relation do they stand to the entire

SA?

GISEVIUS: Now we have come again to the question...

THE PRESIDENT: That is the same question over again.

HERR BÖHM: Do you know under what circumstances one could resign from

the SA?

GISEVIUS: In the same manner as one could resign from all organizations

of the Party. That was, of course, a brave decision to make.

HERR BÖHM: Thank you. I have no further question.

DR. LATERNSER: Witness, in replying to a question of my colleague Dr.

Dix, you told the Tribunal that after the defeat at Stalingrad a

military revolt was to be organized. You testified on this point that

discussions had already taken place, that preparations had been made,

and that the execution of the military revolt was prevented because the

field marshals in the East had deserted the group of conspirators.

I ask you now to give us more details on this question so that I can

understand why you came to the conclusion that the field marshals had

deserted the conspiracy group.

GISEVIUS: From the outbreak of the war Generaloberst Beck tried to

contact one field marshal after another. He wrote letters and he sent

messengers to them. I particularly remember the correspondence with

General Field Marshal Von Manstein, and I saw with my own eyes General

Von Manstein’s answer of the year 1942. To Beck’s strictly military

explanations that the war had been lost and why, Manstein could reply

only: A war is not lost until one considers it as lost.

Beck said that with an answer like that from a field marshal strategic

questions could certainly not be raised. Several months later another

attempt was made to win General Field Marshal Von Manstein. General Von

Tresckow, also a victim of the 20th of July, went to the headquarters of

Manstein. Oberstleutnant Count Von der Schulenburg also went to the

headquarters of Manstein, but we did not succeed in winning Herr Von

Manstein to our side.

At the time of Stalingrad we contacted Field Marshal Von Kluge, and he,

in his turn, contacted Manstein. This time discussions reached a point

when Kluge definitely assured us that he would win over Field Marshal

Von Manstein at a discussion definitely fixed to take place in the

Führer’s headquarters. Because of the importance of that day, a special

telephone line was laid by the General of the Signal Corps, Fellgiebel,

between the headquarters and General Olbricht at the OKW in Berlin. I

myself was present when this telephone conversation took place. Even

today I can still see that paper which said, in plain language, that

Manstein, contrary to his previous assurances, had allowed himself to be

persuaded by Hitler to remain in office. And even Kluge expressed

himself as satisfied at the time with very small military strategic

concessions. This was a bitter disappointment to us, and, therefore, I

would like to repeat again what Beck said at that time: “We were

deserted.”

DR. LATERNSER: What further preparations had been made in this special

connection?

GISEVIUS: We had made definite agreements with Field Marshal Von

Witzleben. Witzleben was the Commander-in-Chief in the West, and

therefore he was very important for starting or protecting a revolt in

the West. We had made further definite agreements with the Military

Governor of Belgium, Generaloberst Von Falkenhausen. In addition, as on

20 July 1944, we had assembled a certain contingent of armored troops in

the vicinity of Berlin. Furthermore, those commanders of the troops who

were to participate in the action had been assembled in the OKW.

DR. LATERNSER: All this happened after Stalingrad?

GISEVIUS: At the time of the Stalingrad revolt.

DR. LATERNSER: Please continue.

GISEVIUS: We had made all other political preparations which were

necessary. It is difficult for me to tell here the entire story of the

revolts against the Third Reich.

DR. LATERNSER: Yes. What were the reasons why this intended military

revolt was not carried through?

GISEVIUS: What was that?

DR. LATERNSER: Witness, what were the reasons why this revolt, which was

intended by the group of conspirators, was not carried through?

GISEVIUS: Contrary to all expectations, Field Marshal Paulus

capitulated. This, as is known, was the first wholesale capitulation of

generals; whereas we had expected that Paulus with his generals would

issue, before his capitulation, a proclamation to the German people and

to the East Front, in which the strategy of Hitler and the sacrifice of

the Stalingrad army would be branded in suitable words. When this cue

had been given, Kluge was to declare that in future he would take no

further military orders from Hitler. We hoped with this plan to

circumvent the problem of the military oath which kept troubling us more

and more; the field marshals one after the other were to refuse military

obedience to Hitler, whereupon Beck was to take over the supreme

military command in Berlin.

DR. LATERNSER: Witness, you just mentioned the military oath. Do you

know whether Blomberg and Generaloberst Beck opposed, or tried to

oppose, the pledge the Armed Forces took to Hitler?

GISEVIUS: I know only that Beck up to the last day of his life

considered the day he gave his pledge to Hitler as the blackest day of

his existence, and he gave me an exact description of how completely

taken unawares he had felt at the rendering of the oath. He told me that

he had been summoned to a military roll call; and that suddenly it was

announced that an oath of allegiance was to be given to the new head of

State; that unexpectedly a new form of oath was to be used. Beck could

never rid himself of the awful thought that at that time he perhaps

should not have given his oath. He told me that while he was on his way

home, he said to a comrade, “This is the blackest day of my life.”

DR. LATERNSER: Witness, in your testimony, you also mentioned that

between the Polish campaign and the Western campaign, or with the

beginning of the Western campaign, a further military Putsch was to be

attempted, and that this Putsch failed because Halder and Field Marshal

Von Brauchitsch shirked it. You used the term “shirked” previously in

your testimony. Now I ask you to tell me on the basis of what facts did

you arrive at this opinion that both these generals shirked...

MR. JUSTICE JACKSON: I do not raise an objection that this is harmful to

us if we have plenty of time, but this evidence as to these Putsche, and

threatened Putsche, and rumored Putsche, was all admissible here in our

view only as bearing on the attitude of the Defendant Schacht. We are

not trying these generals for being in a Putsch or not being in a

Putsch. For all purposes it is just as well as they should not be in a

Putsch. I do not know what purposes this can have in doing it over

again. I call the Tribunal’s attention for the limited purpose for which

this historical matter was admitted, and suggest that it is serving no

purpose in this connection to review it.

THE PRESIDENT: What is the answer to that, Dr. Laternser?

DR. LATERNSER: Since the witness has talked about this matter and

testified that Halder as well as Brauchitsch shirked, and I cannot

establish whether the opinion expressed by this witness with “shirked”

is correct on the basis of the facts, I think I am obliged to clarify

this point. In a general sense I would like to add further that the

Prosecution is also justified in going into this point. I refer to the

contention of the French Prosecutor in which he stated that in the light

of all these circumstances it was beyond comprehension why Halder, as

well as the entire German nation, did not rise as one man against the

regime. Therefore, if I start from the viewpoint of the Prosecution,

then my question on this point, as I have just put it, is undoubtedly of

importance, and I, therefore, ask that this question be permitted.

THE PRESIDENT: The charge against the High Command is that they were a

criminal organization within the meaning of the Charter; that is to say

that they planned an aggressive war, or that they committed War Crimes

or Crimes against Humanity in connection with an aggressive war. Well,

whether or not they took part, or were planning to take part in a Putsch

to stop the war does not seem very material to any of those questions.

DR. LATERNSER: I agree with you entirely on this point, Mr. President,

that it cannot actually be considered of special importance; but on the

other hand...

THE PRESIDENT: I did not say that it was not of special importance. I

say that it was not material to the relevancy. The Tribunal does not

think that any of these questions are relevant.

DR. LATERNSER: Then I will withdraw my question. I have one final

question.

[_Turning to the witness._] Witness, can you tell me the names of those

generals who participated on the 20th of July?

THE PRESIDENT: Well, what has that got to do with any charge against the

High Command?

DR. LATERNSER: The General Staff is accused of having participated in a

conspiracy. The question...

THE PRESIDENT: We are not here to consider the honor of the High

Command. We are here to consider whether or not they are a criminal

organization within the meaning of the Charter, and that is the only

question with which we are going to deal as far as you are concerned.

DR. LATERNSER: Mr. President, the General Staff and the OKW are accused

of having participated in a conspiracy. If I prove, as I am trying to do

with this question, that on the contrary, instead of participating in a

conspiracy, part of the General Staff took part in an action against the

regime, then the answer to this question on this point indicates that

precisely the opposite was the case; and, for that reason, I ask that

the question be permitted.

THE PRESIDENT: The Tribunal does not think what the General Staff did in

July 1944, when the circumstances were entirely different to what they

were in September 1939, has any relevancy to the question whether they

took part, either before or in September 1939.

DR. LATERNSER: Mr. President, if I put myself in the place of the

Prosecution, I must assume that the Prosecution assumes that the

conspiracy continued. It cannot be inferred, from testimony by the

Prosecution or from anything that has been submitted, that the

conspiracy was to have stopped at a certain period of time. So that the

answer to this question would be of importance, I believe of decisive

importance. I would like to supplement my statement, Mr. President...

THE PRESIDENT: Well, Dr. Laternser.

DR. LATERNSER: I would like to add that it is precisely for the members

of the group I represent that the period of time between 1938 and May

1940 is considered decisive.

THE PRESIDENT: You mean the group changed; therefore, they might be

different in 1944?

DR. LATERNSER: I wish to add that a particularly large number of the

members of this group only joined it in the course of 1944 because of

their official positions, and I do consider this point important.

THE PRESIDENT: All right.

DR. LATERNSER: Witness, my question was: Can you give me the names of

those generals who participated in the attempted assassination of the

20th of July 1944?

GISEVIUS: Generaloberst Beck, General Field Marshal Von Witzleben,

General Olbricht, General Hoeppner.

DR. LATERNSER: One question: General Hoeppner was previously

commander-in-chief of an armored army?

GISEVIUS: I believe so; General Von Haase, and certainly a large number

of other generals whom I cannot enumerate offhand. Here I have mentioned

only the names of those who were at Bendlerstrasse that afternoon.

DR. LATERNSER: One question, Witness: Do you know whether Field Marshal

Rommel also participated on the 20th of July 1944?

GISEVIUS: I cannot answer by merely saying “yes,” for it is a fact that

Rommel, as well as Field Marshal Von Kluge, did participate. However, it

would give a wrong picture if Field Marshal Rommel were suddenly to

appear in the category of those who fought against Hitler. Herr Rommel,

as a typical Party general, sought to join us very late, and it gave us

a very painful impression when suddenly Herr Rommel in the face of his

own military catastrophe, proposed to us to have Hitler assassinated,

and then, if possible, Göring and Himmler as well. And, even then, he

did not want to join in at the first opportunity, but wanted to stay

somewhat in the background in order to allow us to profit by his

popularity later on. Therefore, it is extremely difficult to know

whether these gentlemen, when they joined our group, came as the fallen

might, as people who wished to save their pensions, or as people who,

from the beginning, stood for decency and honor.

DR. LATERNSER: Did you yourself ever speak to Field Marshal Rommel about

this?

GISEVIUS: No. I never considered it worth while to make his

acquaintance.

DR. LATERNSER: A further question: Did officers of the General Staff

participate in the 20th of July?

GISEVIUS: Yes, a great number.

DR. LATERNSER: About how many would you say?

GISEVIUS: I cannot give you the number, for at that time I was not

informed of how many of the General Staff Stauffenberg had on his side.

I do not doubt that Stauffenberg, Colonel Hansen, and several other

stout-hearted men had discovered a number of clean, courageous officers

among the General Staff, and that they could count on the support of

very many decent members of the General Staff, but whom they naturally

could not initiate into their plans beforehand.

DR. LATERNSER: Yes, that will be sufficient for this point. Another

question has occurred to me. You mentioned General Von Tresckow

previously. Did you know General Von Tresckow personally?

GISEVIUS: Yes.

DR. LATERNSER: Do you know anything about the fact that, after he

learned that the commissar decree had been issued, General Von Tresckow

remonstrated with Rundstedt and that these remonstrances contributed to

the fact that the commissar decree was not passed on in General Field

Marshal Von Rundstedt’s sector?

GISEVIUS: Tresckow belonged to our group for many years. There was no

action which made us so ashamed as this one, and from the very start he

courageously called the attention of his superiors to the

inadmissibility of such terrible decrees. I remember how at that time we

learned of the famous commissar decree at first through hearsay, and we

immediately sent a courier to Tresckow to inform him simply of the

intention of such an outrage, and how after the decree had been

published, Tresckow, at a given signal, remonstrated with General Field

Marshal Von Rundstedt in the way you described.

THE PRESIDENT: You said a while ago that you were just going to ask your

last question.

DR. LATERNSER: Mr. President, I am sorry I could not keep to that. A

number of questions arose from the testimony of the witness, but this

was my last question.

THE PRESIDENT: The Tribunal will adjourn.

[_A recess was taken._]

THE PRESIDENT: Does any other member of the defendants’ counsel wish to

ask any questions of the witness?

[_There was no response._]

Then do the Prosecution desire to cross-examine?

MR. JUSTICE JACKSON: May it please the Tribunal, I have a few questions

to put to you, Dr. Gisevius, and if you will answer them as nearly as

possible, “yes” or “no,” as you are capable of giving a truthful answer,

you will save a great deal of time.

The Tribunal perhaps should know your relations with the Prosecution. Is

it not a fact that within 2 months of the surrender of Germany I met you

at Wiesbaden, and you related to me your experiences in the conspiracy

that you have related here?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: And you were later brought here, and after coming

here were interrogated by the Prosecution as well as by the counsel for

Frick and for Schacht?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: Now, your attitude and viewpoint are, as I

understand you, those of a German who felt that loyalty to the German

people required continuous opposition to the Nazi regime. Is that a

correct statement of your position?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: And you had a very large experience in police

matters in Germany.

GISEVIUS: Yes.

MR. JUSTICE JACKSON: If your Putsche or other moves to obtain power in

Germany were successful, it was planned that you would be in charge of

the police in the reorganization, was it not?

GISEVIUS: Yes, indeed.

MR. JUSTICE JACKSON: Either as Minister of the Interior or as Police

Commissioner, whatever it might be called.

GISEVIUS: Yes, certainly.

MR. JUSTICE JACKSON: Now, you represented the belief that it was not

necessary to govern Germany with concentration camps and with Gestapo

methods; is that correct?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: And you found all of the ways of presenting your

viewpoint to the German people cut off by the Gestapo methods which were

used by the Nazi regime; is that a fact?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: So that there was no way open to you to obtain any

change in German policy except through revolt or assassination, or means

of that kind?

GISEVIUS: No. I am convinced that until 1937 or the beginning of 1938

the position could have been changed in Germany by a majority of votes

in the Reich Cabinet or through pressure by the Armed Forces.

MR. JUSTICE JACKSON: Then you fix 1937 as the time when it ceased to be

possible by peaceful means to effect a change in Germany; is that

correct?

GISEVIUS: That is how I would judge it.

MR. JUSTICE JACKSON: Now, it was not until after 1937 that Schacht

joined your group; is that not a fact?

GISEVIUS: Yes, as I said, the group was not formed until 1937, 1938; but

Schacht had already introduced me to Goerdeler in 1936, and Schacht and

Oster had known each other since 1936. And naturally Schacht had also

known a large number of other members of the group for a long time.

MR. JUSTICE JACKSON: But Schacht did not become convinced, as I

understand your statement to us, until after 1937—until the Putsch

affair—that he wouldn’t be able to handle Hitler in some peaceful way;

is that not correct?

GISEVIUS: In what manner? In a peaceful manner or...

MR. JUSTICE JACKSON: In a peaceful manner.

GISEVIUS: Yes, until the end of 1937 Schacht believed that it ought to

be possible to remove Hitler legally.

MR. JUSTICE JACKSON: But by the end of 1937, as you now say, the

possibility of a peaceful removal of Hitler had become impossible in

fact?

GISEVIUS: Yes, that is what we thought.

MR. JUSTICE JACKSON: Yes; now, there was, as I understand your view in

going to the general—there was no power in Germany that could stop or

deal with the Gestapo, except the Army.

GISEVIUS: Yes. I would answer that question in the affirmative.

MR. JUSTICE JACKSON: That is, in addition to the Gestapo, this Nazi

regime also had a private army in the SS, did they not? And, for a

period, in the SA?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: And if you were to combat successfully the Nazi

regime, you had to have manpower which only the Army had; is that right?

GISEVIUS: Yes, only people who could be found in the Army; but at the

same time we also attempted to influence certain people in the Police,

and we needed all the decent officials in the ministries, and the broad

masses of the people altogether.

MR. JUSTICE JACKSON: But the Wehrmacht was the source of power capable

of dealing with the SS and the Gestapo if the generals had been willing?

GISEVIUS: That was our conviction.

MR. JUSTICE JACKSON: And that is the reason you kept seeking the help of

the generals and felt let down when they wouldn’t give you their

assistance finally?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: Now, there came a time when everybody connected

with your group knew that the war was lost.

GISEVIUS: Yes.

MR. JUSTICE JACKSON: And that was before these plots on Hitler’s life,

and it was apparent before the Schlaberndorff plot and before the July

20th plot, that the war was lost, was it not?

GISEVIUS: I should like to make it quite clear that there was no one in

our group who did not already know, even when the war started, that

Hitler would never win this war.

MR. JUSTICE JACKSON: But it became very much more apparent as time went

on, not only that the war could not be won by Germany, but that Germany

was going to be physically destroyed as a result of the war; is that not

true?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: Yet, under the system which the Nazi regime had

installed, you had no way of changing the course of events in Germany

except by assassination or a revolt; is that true?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: And so you resorted to those extreme measures,

knowing that Hitler could never make peace with the Allies; is that

true?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: And your purpose in this was to save Germany the

last destroying blows, which unfortunately she received, from the point

of view of the Germans; is that not a fact?

GISEVIUS: I should like to say that actually since the beginning of the

war, we no longer thought only of Germany. I think that I may say that

we bore a heavy share of responsibility towards Germany and towards the

world.

MR. JUSTICE JACKSON: Well, what you were endeavoring to do was to get

the war to an end, since you had not been able to stop its commencement,

were you not?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: And that was impossible as long as Hitler was at

the head of the government and this group of men behind him?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: Now, there was another plot on Hitler’s life that

you haven’t mentioned. Was there not a bomb that was later found to have

been a communist bomb?

GISEVIUS: This happened on 9 November 1939, in the Bürgerbräukeller, in

Munich. It was a brave Communist who acted independently.

MR. JUSTICE JACKSON: Now, at none of these times when Hitler’s life was

endangered, by a strange coincidence, was Göring or Himmler ever

present; is that not true?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: Did you attach any importance to that fact?

GISEVIUS: We sometimes regretted it. For instance, the attempt at

assassination would perhaps have succeeded, if Göring and Himmler had

been with Hitler on 17 July. But as the years went by, the members of

this clique separated to such an extent, and protected themselves so

much that they could hardly be found together anywhere. Göring, too, was

gradually so absorbed in his transactions and art collections at

Karinhall that he was hardly ever to be found at a serious conference.

MR. JUSTICE JACKSON: Now, the assassination of Hitler would have

accomplished nothing from your point of view if the Number 2 man had

stepped into Hitler’s place, would it?

GISEVIUS: That was a debatable problem for a long time, because

Brauchitsch, for instance, imagined that we could create a transitional

regime with Göring. Our group always refused to come together with that

man even for an hour.

MR. JUSTICE JACKSON: How did you plan—if you were successful—to deal

with the other defendants here, with the exception of the Defendant

Schacht, all of whom, I understand, you regard as a part of the Nazi

government?

GISEVIUS: These gentlemen would have been behind lock and key in an

extremely short time, and I think they would not have had to wait long

for their sentences.

MR. JUSTICE JACKSON: Now, does that apply to every man in this dock with

the exception of Schacht?

GISEVIUS: Yes, every man.

MR. JUSTICE JACKSON: That is, you recognized them, your group recognized

them all as parts and important parts of the Nazi regime—a Nazi

conspiracy. Is that a fact?

GISEVIUS: I should not like to commit myself to the words “Nazi

conspiracy.” We considered them the men responsible for all the

unspeakable misery which that government had brought to Germany and the

world.

MR. JUSTICE JACKSON: I should like to ask you a few questions about the

Gestapo. You had testified generally in reference to the crimes which

were committed by that organization and I ask you to state whether that

included the torturing and burning to death of a large number of

persons?

GISEVIUS: The question does not seem to have come through correctly.

MR. JUSTICE JACKSON: I am asking you as to the crimes committed by the

Gestapo, and I am asking if it included the torturing and burning to

death of thousands of persons?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: Did it involve the unlawful detention of thousands

of innocent people?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: The throwing of them into concentration camps where

they were tortured and beaten and killed?

GISEVIUS: Yes.

MR. JUSTICE JACKSON: Did the Gestapo engage in wholesale confiscation of

property?

GISEVIUS: Yes, to a very large extent; they called it “property of

persons hostile to the State.”

MR. JUSTICE JACKSON: And did it practice extortion against Jews and

against others?

GISEVIUS: In masses and by the million.

MR. JUSTICE JACKSON: Did the Gestapo hinder and molest the public

officials, who were too prominent to be murdered, until they resigned or

were driven from office?

GISEVIUS: The Gestapo used every means, from murder to the extortion

which has just been described.

MR. JUSTICE JACKSON: Now, the question arises here as to whether the

members of the Gestapo knew what the Gestapo was doing; and will you

please tell the Tribunal what the situation was as to the membership in

that organization and its knowledge of its program?

GISEVIUS: I have already stated at the beginning of my testimony that

from the first or second day every member of the Gestapo really could

not help seeing and knowing what took place in that institution.

MR. JUSTICE JACKSON: Now, there were some people who were taken into the

Gestapo at the beginning, who were transferred from other branches of

the civil service, were they not; who were in a sense involuntary

members of the Gestapo?

GISEVIUS: Yes; these members were eliminated in the course of the first

year as being politically unreliable.

MR. JUSTICE JACKSON: And the transfer took place at the time Göring set

up the Gestapo, did it not?

THE PRESIDENT: What did the witness mean by “eliminated”?

MR. JUSTICE JACKSON: I think eliminated from the Gestapo.

GISEVIUS: Gradually they were released from the service of the Gestapo.

MR. JUSTICE JACKSON: Now, after the purge of the 30th of June 1934, were

special pains taken to see that no one was permitted in the organization

who was not in sympathy with its program?

GISEVIUS: These attempts started after 1 April 1934, when Himmler and

Heydrich took over affairs. Actually, from that date, no official was

allowed into the Gestapo any longer unless Himmler and Heydrich

considered that he held the opinions which they desired. It may be that

during the first months some officials, who had not yet been screened by

the SS, may have got in. The Gestapo was, of course, a large

organization and it naturally took quite a time until the SS had

educated and trained their own criminal officials.

MR. JUSTICE JACKSON: However, did there come a time, and if so, will you

fix it as nearly as possible, after which every member of the Gestapo

must have known the criminal program of that organization?

GISEVIUS: For many years I have considered that question myself and

discussed it with Nebe and my friends. The reply entails very great

responsibility, and in the knowledge of that responsibility I would say

that from the beginning of 1935, at the latest, everyone must have known

what sort of organization he was joining and the type of orders he might

have to expect.

MR. JUSTICE JACKSON: You have testified as to the investigations which

you made when you were connected with the police administration and you

mentioned the Reichstag fire but you did not tell us what your findings

were when you investigated that. Will you please tell us?

GISEVIUS: To speak briefly and to begin with the facts, we ascertained

that Hitler in a general way had expressed a wish for a large-scale

propaganda campaign. Goebbels undertook to prepare the necessary

proposals and it was Goebbels who first thought of setting the Reichstag

on fire. Goebbels discussed this with the leader of the Berlin SA

Brigade, Karl Ernst, and he suggested in detail how it should be done.

A certain chemical, known to every maker of fireworks, was chosen. After

spraying it, it ignites after a certain time—hours or minutes. In order

to get inside the Reichstag, one had to go through the corridor leading

from the palace of the Reichstag President to the Reichstag itself. Ten

reliable SA men were provided, and then Göring was informed of all the

details of the plan, so that by chance he did not make an election

speech on that particular evening, but at such a late hour would still

be sitting at his desk in the Ministry of the Interior in Berlin.

Göring—and he gave assurances that he would do so—was to put the

police on wrong trails in the first confusion. From the very beginning

it was intended that the Communists should be accused of this crime, and

the 10 SA men who had to carry out the crime were instructed

accordingly.

That is, in a few words, the story of the events. To tell you how we got

hold of the details, I have only to add that one of these 10 who had to

spray the chemical was a notorious criminal. Six months later he was

dismissed from the SA, and when he did not receive the reward which he

had been promised he decided to tell what he knew to the Reich Court

sitting in Leipzig at the time. He was taken before an examining

magistrate who made a record of his statement, but the Gestapo heard of

it and the letter to the Reich Court was intercepted and destroyed. The

SA man, named Rail, who betrayed the plan, was murdered in a vile manner

with the knowledge of the Defendant Göring, by order of Gestapo chief

Diels. Through the finding of the body, we picked up the threads of the

whole story.

MR. JUSTICE JACKSON: What happened to the 10 SA men who carried out the

Reichstag fire? Are any of them alive now?

GISEVIUS: As far as we are aware none of them are still alive. Most of

them were murdered on 30 June under the pretext of the Röhm revolt. Only

one, a certain Heini Gewaehr, was taken over by the police as a police

officer, and we tracked him down as well. He was killed in the war,

while a police officer on the Eastern Front.

MR. JUSTICE JACKSON: I think you testified that you also investigated,

with the entire affair of Röhm, the murders that followed the Röhm

affair. Didn’t you so testify?

GISEVIUS: I cannot actually say that we carried out the investigation,

as we, of the Ministry of the Interior, had really been excluded from

the entire affair. However, matters were such that after 30 June, all

the appeals for help, and all the complaints of the people who were

affected reached us in the Ministry of the Interior; and during 30 June,

through the continual radio messages, incidental visits to Göring’s

palace, and the information received from Nebe, we discovered all the

details.

MR. JUSTICE JACKSON: Now, about how many people were killed in that

purge?

GISEVIUS: We have never been able to establish the number exactly, but I

estimate that no more than 150 to 200 persons lost their lives, which,

at that time, was an enormous figure.

I myself with Minister of Justice Gürtner checked the list of the number

of the dead which had been given him by Hitler and Göring, and we

ascertained that the list which contained the names of 77 dead, who had

allegedly been justly killed, was exceeded by nearly double that number

only by those names which we had received through the prosecuting

authorities, or through the appeals for help coming from relatives to

the Ministry of the Interior.

MR. JUSTICE JACKSON: Now, did you ascertain who selected the men who

were killed in that purge?

GISEVIUS: To begin with we ascertained that Himmler, Heydrich, and

Göring had compiled exact lists of those to be murdered; for I myself

heard in Göring’s palace—and it was confirmed by Daluege who was

present, and also by Nebe who was present from the very first

second—that not one of those who were killed was mentioned by name;

instead they just said: “Number so and so is now gone,” or, “Number so

and so is still missing,” and “It will soon be Number so and so’s turn.”

There is, however, no doubt that Heydrich and Himmler also had a special

list. On that special list there were several Catholics, Klausner, and

others. I cannot, for instance, say here under oath whether Schleicher

was murdered by order of Göring, or whether he was a man who was on

Heydrich’s and Himmler’s special list.

MR. JUSTICE JACKSON: Now, was the Defendant Frick fully informed as to

the facts which you knew about the illegal conduct of the Gestapo?

GISEVIUS: Yes. I had to submit to him all the material that arrived

which was important, and I have already described that we reported all

these matters to the Secret State Police or to the Ministries of the

Interior of the Länder. Naturally I could submit only the most important

of these things to Frick personally. I estimate that I received several

hundred such complaints daily, but the most important had to be

submitted to Frick, because he had to sign them personally; for Göring

always complained as soon as he saw that such a young official signed

reports and appeals to the Ministry and to himself.

MR. JUSTICE JACKSON: Now, was Frick informed of your conclusions about

the Röhm purge?

GISEVIUS: Yes, because on the Sunday, while the murders were continuing,

I spoke to Frick about the murder of Strasser, Klausner, Schleicher and

the many other murders; and Frick was particularly disgusted at the

murder of Strasser, because he considered that an act of personal

revenge by Göring and Himmler. Likewise, Frick was extremely indignant

about the murders of Klausner, Bose, Edgar Jung, and the many other

innocent men who were murdered.

MR. JUSTICE JACKSON: But when Frick signed the decree, along with

Hitler, declaring these murders legitimate and ordering no prosecutions

on account of those murders, Frick knew exactly what had happened from

you; is that the fact?

GISEVIUS: He knew it from me, and he had seen it for himself. The story

of the 30th of June was undoubtedly known to Frick.

MR. JUSTICE JACKSON: Now, did Frick ever talk with you about Himmler and

Heydrich as being bad and dangerous, cruel persons?

GISEVIUS: On that Sunday, the 1st of July, Frick said to me, “If Hitler

does not very soon do to the SS and Himmler what he has done to the SA

today, he will experience far worse things with the SS than he has

experienced now with the SA.”

I was greatly struck by that prediction at the time, and by the fact

that Frick should speak so openly to me.

MR. JUSTICE JACKSON: But notwithstanding the estimate he made of those

men as dangerous persons, did he not thereafter appoint them both in his

Ministry of Interior?

GISEVIUS: Well, of course, they were actually appointed by Hitler.

However, I can only say that when I took leave of Frick, at the time I

left the Ministry of the Interior in May 1935, Frick told me literally

that the constant difficulties he had had because of me had taught him

from now on to take Party members only in his Ministry, and as far as

possible those who had the Golden Party Emblem. He said that it was

possible that in the course of events he might even be forced to allow

Himmler into his Ministry, but in no case would he accept the murderer

Heydrich. Those were the last words I exchanged with Frick.

MR. JUSTICE JACKSON: Both were put in charge of matters that were under

his legal control, were they not?

GISEVIUS: Yes, they became members of the Reich Ministry of the Interior

and Frick remained their superior.

THE PRESIDENT: Did you say that those were the last words which you

exchanged with the Defendant Frick?

GISEVIUS: Yes. That was in 1935 and I have not met him or talked to him

since.

MR. JUSTICE JACKSON: Now, after 1934 Frick was the Minister in charge of

the running and controlling of concentration camps, was he not, Dr.

Gisevius?

GISEVIUS: In my opinion the Reich Minister of the Interior was

responsible from the beginning for all police matters in the Reich and

therefore also for the concentration camps, and I do not believe that

one can say he had that responsibility only since 1934.

MR. JUSTICE JACKSON: Well, I am willing to accept your amendment to my

question. I ask that you be shown Document Number 3751-PS of the United

States, which has not yet been offered in evidence.

[_The document was submitted to the witness._]

Now, this purports to be a communication from Dr. Gürtner, the Minister

of Justice, to the Reich and Prussian Minister of the Interior. That

would be from your friend Dr. Gürtner to Frick, would it not?

GISEVIUS: I believe I heard you say “friend.” During the time he acted

as Minister, Gürtner did not conduct himself in such a way that I could

consider him my friend.

MR. JUSTICE JACKSON: Well then, tell us about Gürtner. Tell us about

Gürtner’s position in this situation because we have a communication

here apparently from him.

GISEVIUS: Gürtner?

MR. JUSTICE JACKSON: Yes.

GISEVIUS: At that time Gürtner without doubt made many attempts to

expose the cruelty in the camps and to initiate criminal proceedings. In

individual cases Gürtner did make many attempts; but after the 30th of

June he signed that law which legalized all those dreadful things, and

also in other respects Gürtner never acted consistently with his views.

But this document which you submit to me was just such an attempt by

Gürtner and the many decent officials in the Ministry of Justice to

bring the question of the Gestapo terror to discussion. As far as I

recollect this is one of those letters which we discussed unofficially

beforehand in order to provoke an answer, so to say.

MR. JUSTICE JACKSON: I now desire to read some parts of this into the

record. It becomes Exhibit USA-828. I will offer it as such.

Will you kindly follow the German text and see if I correctly quote:

“My dear Reich Minister!

“Enclosed you will find a copy of a report of the Inspector of

the Secret State Police, dated 28 March 1935.

“This report gives me an occasion to state my fundamental

attitude towards the question of corporal punishment for

internees. The numerous instances of ill-treatment which have

come to the knowledge of the authorities of justice point to

three different reasons for such ill-treatment of prisoners:

“1. Beating as a disciplinary punishment in concentration camps.

“2. Ill-treatment, mostly of political internees, in order to

make them talk.

“3. Ill-treatment of internees arising out of sheer wantonness

or for sadistic motives.”

I think I will not take the Tribunal’s time to read his comment on

Number 1 or Number 2. About Number 3, you will find in the German text:

“The experience of the first revolutionary years has shown that

the persons who are charged to administer the beatings generally

lose all sense of the purpose and meaning of their action after

a short time, and permit themselves to be governed by personal

feelings of revenge, or sadistic tendencies. Thus members of the

guard detail of the former concentration camp at Bredow, near

Stettin, completely stripped a prostitute who had an argument

with one of them and beat her with whips and cowhides in such a

fashion that the woman 2 months later still showed two open and

infected wounds.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 12 · 第 27 / 47 题