THE PRESIDENT: What you have just said is entirely inaccurate. You have

never been compelled to disclose any documents which you wished to put

to a witness in cross-examination. This is cross-examination and

therefore it is perfectly open to Counsel for the Prosecution to put any

document without disclosing it beforehand; just as Defense Counsel could

have put any document to witnesses called on behalf of the Prosecution,

if they had wished to do so, in cross-examination.

I am sure that if counsel for the defendants wish to re-examine upon any

such document as this, a copy of it will be supplied to them for that

purpose.

The Tribunal now rules that this document may be put to the witness now.

DR. SIEMERS: Does the Defense also have the opportunity, now that it is

known to the entire Court, of receiving the document?

THE PRESIDENT: Yes, certainly.

DR. SIEMERS: I should be thankful if I could have a copy now.

MR. JUSTICE JACKSON: I am frank to say I do not know whether we have

adequate copies to furnish them to all the Defense Counsel now.

THE PRESIDENT: Maybe you have not, but you can let them have one or more

copies.

MR. JUSTICE JACKSON: But I do not think we should furnish copies until

the examination with reference to that document is completed, that is to

say . . .

THE PRESIDENT: Yes, Dr. Dix.

DR. DIX: I should like to make one request that at least the technical

possibilities—that at least the counsel of these defendants who are

being cross-examined also be given the document that is submitted to the

defendant, so that they are in a position, just as the Tribunal is, to

follow the examination.

If Justice Jackson says that it is his opinion that it would be right

for the defense counsel−in this case my colleague Stahmer—to receive

this document only after the examination—in this case of Göring—has

ended, I beg earnestly, in the interest of the dignity and prestige of

the Defense, to take objection to this suggestion of Justice Jackson’s.

I do not believe that he means by that to insinuate that the Defense

Counsel would be able—having these documents in its hands at the same

time as the Tribunal and at the same time as the witness—somehow

through signs or otherwise to influence the defendant and thereby

disturb the cross-examination by Mr. Justice Jackson, or by the

prosecutor. Mr. Justice Jackson certainly did not mean that, but one

might draw that conclusion.

I therefore make this request: If in the cross-examination, for the

purpose of the cross-examination, in view of the altogether justified

element of surprise, a document is presented to a witness that at the

same time is presented to the Tribunal, that at least a copy of this

document be given at the same time to the defense counsel, the defense

counsel concerned, either the one who has called the witness or the one

whose defendant is in the witness box, so that he can have some idea of

what the witness is being confronted with, for Göring could read this

document, but Dr. Stahmer could not. In other words, he was not in a

position to follow the next part of Mr. Justice Jackson’s

cross-examination. That is certainly not intended, and would certainly

not be fair, and I should therefore like to ask Mr. Justice Jackson to

reply to my suggestion, and my application, in order to arrive at an

understanding and thereby to relieve the Tribunal of the decision on a

question that to me seems self-evident.

THE PRESIDENT: Mr. Justice Jackson, the Tribunal is inclined to

think—the Tribunal certainly thinks—that you are perfectly right, that

there is no necessity at all, as I have already stated, to disclose the

document to the defendants before you use it in cross-examination. But,

at the time you use it in cross-examination, is there any objection to

handing a copy of it to the counsel for the defendant who is being

cross-examined?

MR. JUSTICE JACKSON: In some instances it is physically impossible

because of our situation in reference to these documents. A good many of

these documents have come to us very lately. Our photostatic facilities

are limited.

THE PRESIDENT: I am not suggesting that you should hand it to all of

them, but only to Dr. Stahmer.

MR. JUSTICE JACKSON: If we have copies, I have no objection to doing

that, but if we do not have them in German—our difficulty has always

been to get German copies of these documents.

DR. DIX: May I say something else. If it is not possible in German, then

it should at least be possible in English, for one English copy will

certainly be available. Furthermore, if it is a question of German

witnesses, such as Göring, the document will be shown him in German

anyhow; it will certainly be shown the witness in German. I believe that

will surely be possible.

[_Dr. Siemers approached the lectern._]

THE PRESIDENT: We do not really need to hear more than one counsel on

this sort of point. I have already ruled upon your objection, which was

that the document should be produced beforehand, but the Tribunal has

already ruled that objection should be denied.

DR. SIEMERS: Mr. President, I am sorry. My motion was that the Defense

Counsel should receive these documents at the same time the Tribunal

does. I am not of the opinion expressed by Dr. Dix, that only one

defense counsel should receive it. If it is a report regarding the Reich

Defense Council, then it is a document important to several defendants.

One copy is therefore not sufficient, but each defense counsel must have

one. I believe that Mr. Justice Jackson . . .

THE PRESIDENT: But not at this moment. There are, as we all know, the

very greatest difficulties in producing all these documents, and

extraordinary efforts have been made by the Prosecution and the

Translating Division to supply the defendants with documents, and with

documents in German, and it is not necessary that every member of the

Defense Counsel have these documents at the time the witness is being

cross-examined. I am sure the Prosecution will do everything it can to

let you have the documents in due course—any document that is being

used.

In the opinion of the Tribunal it is perfectly sufficient if one copy of

the document is supplied to the counsel for the witness who is being

cross-examined. As I say, the Prosecution will doubtless let you have

copies of these documents in due course.

You are appearing for the Defendant Raeder, and the Defendant Raeder, I

am afraid, at the present rate will not be in the witness box for some

time.

DR. SIEMERS: The result of that is that the defense counsel, who is not

momentarily concerned, cannot understand the cross-examination. As to

the technical question, I ask the Court to consider that I cannot follow

Justice Jackson on this technical point. The document is mimeographed by

means of a stencil. In mimeographing it makes no difference at all

whether 20, 40, 80, or 150 copies are produced. It makes no difference

from the point of view of time, except perhaps 4 or 5 minutes. I

consider for this reason that one can hardly refer to technical

difficulties in this matter.

THE PRESIDENT: Counsel for the Prosecution will consider what you say,

but no rule has been made by the Tribunal that every document should be

supplied to every counsel during cross-examination.

GÖRING: I should like to say again in regard to the document that this

is not . . .

MR. JUSTICE JACKSON: May I respectfully ask that the witness be

instructed to answer the question and reserve his explanations until his

counsel takes him on. Otherwise, this cross-examination cannot

successfully be conducted, in the sense of being reasonable in time.

THE PRESIDENT: I have already explained, on several occasions, that it

is the duty of defendants when they are in the witness box, and the duty

of witnesses, to answer questions directly, if they are capable of being

answered directly, in the affirmative or in the negative; and if they

have any explanation to make afterwards, they can make it after

answering the question directly.

MR. JUSTICE JACKSON: I call your attention to Item 3, under II,

“Finances,” reading as follows:

“Very critical situation of the Reich Exchequer. Relief

initially through the milliard imposed on the Jews and through

profits accruing to the Reich from the Aryanization of Jewish

enterprises.”

You find that in the minutes, do you not?

GÖRING: Yes, that is there.

MR. JUSTICE JACKSON: And you find the minutes signed by Woermann, do you

not?

GÖRING: No, that is not true. I beg your pardon? Here on the photostat

Woermann has signed it, that is not Bormann. I know Bormann’s signature

well, it is quite different.

MR. JUSTICE JACKSON: I said Woermann.

GÖRING: Woermann, yes.

MR. JUSTICE JACKSON: All right, my poor pronunciation. Well, was it not

a fact that you set up a working committee under the Reich Defense

Council which did meet from time to time and did carry on certain work?

GÖRING: I have already explained recently: That was the committee of

departmental chiefs.

MR. JUSTICE JACKSON: And I call your attention to Document Number

EC-405, minutes of a meeting of the Working Committee of the Reich

Defense Council, Meeting Number 10.

GÖRING: I understood the President to say before that when I have

answered the question, I can add an explanation that seems necessary to

me. Now that I have clearly answered your question with regard to the

first document, I want to stress once again that this was not a meeting

of the close Reich Defense Council but a general calling together of all

ministers, state secretaries and numerous other persons. And that I

began my statements as follows:

“I. Organization of the Reich Defense Council: The Reich Defense

Council was already, by decision of the Cabinet of 1933 and

1934, called into being; but it has never met. Through the Reich

Defense Law of 4 September 1938 it was re-established. The

Chairman is the Führer, who has appointed General Field Marshal

Göring his permanent deputy.”

Concerning the Reich Defense Council, about which we have been talking,

consisting of Schacht—or rather of the triumvirate—it is attested here

in writing once more, as I have correctly said, that this Council never

met. I ask to have the question about the second document repeated, as I

have forgotten it.

MR. JUSTICE JACKSON: You testified that the movement into the Rhineland

had not been planned in advance.

GÖRING: Only a short time in advance, I emphasized.

MR. JUSTICE JACKSON: How long?

GÖRING: As far as I recall, at the most 2 to 3 weeks.

MR. JUSTICE JACKSON: Now, I call your attention to the minutes of the

10th meeting of the Working Committee of the Reich Defense Council,

Document Number EC-405 toward the end of that document, the discussion

on 6th month, 26th day of 1935, which reads as follows . . .

GÖRING: May I ask what page? This document is very long and is new to

me. What page, please, otherwise I shall have to read the whole

document.

MR. JUSTICE JACKSON: Turn to the last paragraph and we will work

backwards.

“Commitment to writing of directives for mobilization purposes

is permissible only insofar as it is absolutely necessary for

the smooth execution of the measures provided for the

demilitarized zone. Without exception such material must be kept

in safes.”

Do you find that part?

GÖRING: This document that has been handed to me contains alternating

statements of various individuals, that is, a dialogue. May I ask once

more . . . The last paragraph contains nothing of what you have stated,

apparently there must be a difference between the German and English

texts. The last paragraph here is altogether irrelevant. Where, please,

am I to read in the document?

MR. JUSTICE JACKSON: Do you find the third paragraph from the end? If my

document is correct we have got the same document.

GÖRING: You must tell me who was speaking, for different persons speak

here.

[_The place in the document was indicated to the defendant._]

Now it has been shown to me. Under the name Jodl; I have to read through

it first.

MR. JUSTICE JACKSON: Do you find this:

“The demilitarized zone requires special treatment. In his

speech of 21 May 1935 and in other statements, the Führer and

Reich Chancellor declared that the stipulations of the

Versailles Treaty and the Locarno Pact regarding the

demilitarized zone would be observed.”

Do you find this?

GÖRING: Yes.

MR. JUSTICE JACKSON: And do you find the next paragraph,

“Since at present international entanglements must be avoided

under all circumstances, all urgently needed preparations may be

made. The preparations as such, or their planning, must be kept

in strictest secrecy in the zone itself as well as in the rest

of the Reich.”

Do you find this?

GÖRING: Yes.

MR. JUSTICE JACKSON: And you also find,

“These preparations include in particular”—a) and b) are not

important to my present question—“c) Preparation for the

liberation of the Rhine.”

GÖRING: Oh, no, here you have made a great mistake. The original

phrase—and this alone is the point in question—is: “c) Preparation for

the clearing of the Rhine.” It is a purely technical preparation that

has nothing at all to do with the liberation of the Rhineland. Here it

says, first, mobilization measures for transportation and

communications, then “c) Preparation for the clearing of the Rhine,”

that is, in case of mobilization preparations the Rhine is not to be

overburdened with freighters, tugboats, _et cetera_, but the river has

to be clear for military measures. Then it continues: “d) Preparation

for local defense,” _et cetera_. Thus you see, it figures among small

quite general, ordinary and usual preparations for mobilization. The

phrase used by the Prosecution . . .

MR. JUSTICE JACKSON: Mobilization, exactly.

GÖRING: That, if you remember, I stressed clearly in my statement, that

in the demilitarized zone general preparations for mobilization were

made. I mentioned the purchase of horses, _et cetera_. I wanted only to

point out the mistake regarding “clearing of the Rhine,” which has

nothing to do with the Rhineland, but only with the river.

MR. JUSTICE JACKSON: Well, those preparations were preparations for

armed occupation of the Rhineland, were they not?

GÖRING: No, that is altogether wrong. If Germany had become involved in

a war, no matter from which side, let us assume from the East, then

mobilization measures would have had to be carried out for security

reasons throughout the Reich, in this event even in the demilitarized

Rhineland; but not for the purpose of occupation, of liberating the

Rhineland.

MR. JUSTICE JACKSON: You mean the preparations were not military

preparations?

GÖRING: Those were general preparations for mobilization, such as every

country makes, and not for the purpose of the occupation of the

Rhineland.

MR. JUSTICE JACKSON: But were of a character which had to be kept

entirely secret from foreign powers?

GÖRING: I do not think I can recall reading beforehand the publication

of the mobilization preparations of the United States.

MR. JUSTICE JACKSON: Well, I respectfully submit to the Tribunal that

this witness is not being responsive, and has not been in his

examination, and that it is . . .

[_The defendant interposed a few words which were not recorded._]

It is perfectly futile to spend our time if we cannot have responsive

answers to our questions.

[_The defendant interposed a few words which were not recorded._]

We can strike these things out. I do not want to spend time doing that,

but this witness, it seems to me, is adopting, and has adopted, in the

witness box and in the dock, an arrogant and contemptuous attitude

toward the Tribunal which is giving him the trial which he never gave a

living soul, nor dead ones either.

I respectfully submit that the witness be instructed to make notes, if

he wishes, of his explanations, but that he be required to answer my

questions and reserve his explanations for his counsel to bring out.

THE PRESIDENT: I have already laid down the general rule, which is

binding upon this defendant as upon other witnesses.

Perhaps we had better adjourn now at this state.

[_The Tribunal adjourned until 20 March 1946 at 1000 hours._]

EIGHTY-SIXTH DAY

Wednesday, 20 March 1946

_Morning Session_

MR. JUSTICE JACKSON: If the Tribunal please, the last question which I

asked last night referring to mobilization preparations in the

Rhineland, as shown in the official transcript, was this: “But of a

character which had to be kept entirely secret from foreign powers?” The

answer was: “I do not believe I can recall the publication of the

preparations of the United States for mobilization.”

Now, representing the United States of America, I am confronted with

these choices—to ignore that remark and allow it to stand for people

who do not understand our system; or to develop, at considerable expense

of time, its falsity; or to answer it in rebuttal. The difficulty arises

from this, Your Honor, that if the witness is permitted to volunteer

statements in cross-examination there is no opportunity to make

objection until they are placed on the record. Of course, if such an

answer had been indicated by a question of counsel, as I respectfully

submit would be the orderly procedure, there would have been objection;

the Tribunal would have been in a position to discharge its duty under

the Charter and I would have been in a position to have shortened the

case by not having that remark placed.

The Charter in Article 18 provides that the Tribunal shall rule out

irrelevant issues and statements of any kind whatsoever. We are squarely

confronted with that question; we cannot discharge those duties if the

defendant is to volunteer these statements without questions which bring

them up. I respectfully submit that, if the ruling of the Tribunal that

the defendant may volunteer questions of this kind is to prevail, the

control of these proceedings is put in the hands of this defendant, and

the United States has been substantially denied its right of

cross-examination under the Charter, because cross-examination cannot be

effective under this kind of procedure. Since we cannot anticipate, we

cannot meet . . .

THE PRESIDENT: I quite agree with you that any reference to the United

States’ secrecy with reference to mobilization is entirely irrelevant,

and that the answer ought not to have been made, but the only rule which

the Tribunal can lay down as a general rule is the rule—already laid

down—that the witness must answer if possible “yes” or “no,” and that

he may make such explanations as may be necessary after answering

questions directly in that way, and that such explanations must be brief

and not be speeches. As far as this particular answer goes, I think it

is entirely irrelevant.

MR. JUSTICE JACKSON: I must, of course, bow to the ruling of the

Tribunal, but it is to the second part, I quite recall the admonition of

the Court that there shall be answers “yes” or “no.” This witness, of

course, pays not the slightest attention to that, and I must say I

cannot blame him; he is pursuing his interests. But we have no way of

anticipating, and here we are confronted with this statement in the

record, because when these statements are volunteered they are in the

record before the Tribunal can rule upon them and I have no opportunity

to make objections, and the Tribunal have no opportunity to rule. And it

puts, as I said before, the control of these proceedings in the hands of

the defendant, if he first makes the charges and then puts it up to us

to ignore them or answer them by long cross-examination in rebuttal; and

I think the specific charge made against the United States of America

from the witness stand presents that.

Your Honor now advises the United States that it is an improper answer,

but it is in the record and we must deal with it. I respectfully submit

that unless we have . . .

THE PRESIDENT: What exactly is the motion you are making? Are you asking

the Tribunal to strike the answer out of the record?

MR. JUSTICE JACKSON: Well, no; in a Trial of this kind, where propaganda

is one of the purposes of the defendant, striking out does no good after

the answer is made, and Göring knows that as well as I. The charge has

been made against the United States and it is in the record. I am now

moving that this witness be instructed that he must answer my questions

“yes” or “no” if they permit an answer, and that the explanation be

brought out by his counsel in a fashion that will permit us to make

objections, if they are irrelevant, and to obtain rulings of the

Tribunal, so that the Tribunal can discharge its functions of ruling out

irrelevant issues and statements of any kind whatsoever. We must not let

the Trial degenerate into a bickering contest between counsel and the

witness. That is not what the United States would expect me to

participate in. I respectfully suggest that if he can draw any kind of

challenge . . .

THE PRESIDENT: Are you submitting to the Tribunal that the witness has

to answer every question “yes” or “no” and wait until he is re-examined

for the purpose of making any explanations at all?

MR. JUSTICE JACKSON: I think that is the rule of cross-examination under

ordinary circumstances. The witness, if the question permits it, must

answer, and if there are relevant explanations they should be reserved

until later.

Now let me come back to the specific problem I have right here this

morning. Here is an answer given which the Tribunal now rules is

irrelevant. But we have no opportunity to object to it. The Tribunal had

no opportunity to rule upon it. The witness asks, “Did you ever hear of

the United States publishing its plan of mobilization?” Of course, we

would have objected. The difficulty is that the Tribunal loses control

of these proceedings if the defendant, in a case of this kind where we

all know propaganda is one of the purposes of the defendant, is

permitted to put his propaganda in, and then we have to meet it

afterwards. I really feel that the United States is deprived of the

opportunity of the technique of cross-examination if this is the

procedure.

THE PRESIDENT: Surely it is making too much of a sentence the witness

has said, whether the United States makes its orders for mobilization

public or not. Surely that is not a matter of very great importance.

Every country keeps certain things secret. Certainly it would be much

wiser to ignore a statement of that sort. But as to the general rule,

the Tribunal will now consider the matter. I have already laid down what

I believe to be the rule, and I think with the assent of the Tribunal,

but I will ascertain . . .

MR. JUSTICE JACKSON: Let me say that I agree with Your Honor that as far

as the United States is concerned we are not worried by anything the

witness can say about it—and we expected plenty. The point is, do we

answer these things or leave them, apart from the control of the Trial?

And it does seem to me that this is the beginning of this Trial’s

getting out of hand, if I may say so, if we do not have control of this

situation. I trust the Tribunal will pardon my earnestness in presenting

this. I think it is a very vital thing.

THE PRESIDENT: I have never heard it suggested that the Counsel for the

Prosecution have to answer every irrelevant observation made in

cross-examination.

MR. JUSTICE JACKSON: That would be true in a private litigation, but I

trust the Court is not unaware that outside of this courtroom is a great

social question of the revival of Nazism and that one of the purposes of

the Defendant Göring—I think he would be the first to admit—is to

revive and perpetuate it by propaganda from this Trial now in process.

THE PRESIDENT: Yes, Doctor Stahmer?

DR. STAHMER: I just wanted to explain the following: An accusation has

been made as if we intended to make propaganda here for Nazism, or in

some other direction. I do not think this accusation is justified.

Neither do I believe that the defendant intended to make an accusation

against the United States. I think we have to consider the question that

was put to him. That is, it was pointed out to him by the Prosecution

that this document which was submitted to him was marked “secret.” Then

he stated that he had never heard that a document of that kind would

have been made public in the United States. If instead of the U.S.A, he

had said any other nation, then the remark would have been considered

harmless.

In my opinion the answer was quite justified. The witness should be

given the possibility not only to answer “yes” or “no,” but to give

reasons for his answer, as ruled by the Court.

THE PRESIDENT: Mr. Justice Jackson, the Tribunal considers that the rule

which it has laid down is the only possible rule and that the witness

must be confined strictly to answering the question directly where the

question admits of a direct answer, and that he must not make his

explanation before he gives a direct answer; but, after having given a

direct answer to any question which admits of a direct answer, he may

make a short explanation; and that he is not to be confined simply to

making direct answers “yes” or “no,” and leaving the explanation until

his counsel puts it to him in his re-examination.

As to this particular observation of the defendant, the defendant ought

not to have referred to the United States, but it is a matter which I

think you might well ignore.

MR. JUSTICE JACKSON: I shall bow to the ruling, of course.

I wish to make a statement to the Tribunal about one of the documents.

At the conclusion of the session yesterday we were considering Document

Number EC-405. The Defendant Göring challenged the use of a word which

he said should have been translated “clearance” rather than

“liberation.” We have since had the translation checked and find that

the defendant is correct. This document was introduced under Exhibit

Number GB-160 on the 9th of January, at Page 2396 of the Tribunal’s

records (Volume V, Page 28), and since it has already been received in

evidence and it is before the Tribunal, we think it incumbent upon the

Prosecution to make that correction now for the record.

[_Turning to the witness._] You stated yesterday that the minutes of the

Reich Defense Council with which you were presented were not minutes of

a meeting of the Reich Defense Council as such?

GÖRING: Yes, I said that.

MR. JUSTICE JACKSON: And your testimony, notwithstanding that document,

still stands, I take it, that the Reich Defense Council never met?

GÖRING: I said that also, yes.

MR. JUSTICE JACKSON: I now ask to have you shown a document which has

just come into our possession, the minutes of the second session of the

Reich Defense Council. I should have said, just come to us for

translation. We have not had it translated; we just discovered it among

our great collection of documents.

THE PRESIDENT: Could Doctor Stahmer have a copy in English or not?

MR. JUSTICE JACKSON: We have not even had a chance to get it into

English. I do not know what it says except that it is the minutes of

their meeting. We have a photostat.

[_Turning to the witness._] Are those not the minutes of the second

meeting of the Reich Defense Council held on the 23rd of June 1939?

GÖRING: I must read it first.

MR. JUSTICE JACKSON: I call your attention to the fact that the chairman

is Minister President General Field Marshal Göring. You will find that

on Page 1.

GÖRING: I have never disputed that. It was fixed by law. This deals with

the second Reich Defense Council, not the first one. Besides, I was not

present at this meeting; and I point out that on the left is a list of

the authorities who took part in the meeting, and in my case it says

“Minister President Field Marshal Göring,” and on the right, as

representative for him, “State Secretary Körner and State Secretary

Neumann.” But I shall have to look through the document first in order

to find out whether I took part personally.

MR. JUSTICE JACKSON: Does it not say on Page 1, directly under the place

of meeting, “Chairman: Minister President Göring”?

GÖRING: Yes. I have to read it first.

MR. JUSTICE JACKSON: Do you deny the authenticity of those minutes?

GÖRING: I have not looked them through yet.

It seems to be an absolutely authentic copy of the minutes; I admit

that. But here again we are dealing with a meeting not, as I said when

answering my counsel, of the Reich Defense Council, but of a larger

meeting in which many other departments participated; and it is a matter

of the second Reich Defense Council, which was set up after 1938, not a

secret council such as was the case from 1933-38.

MR. JUSTICE JACKSON: In other words, in interpreting your testimony, we

must understand that, when you say there was no meeting of the Reich

Defense Council, you mean only that there were no meetings at which no

other people were present?

GÖRING: No, that is not correct. There were two Reich defense laws

concerning the Reich Defense Council, which I tried to explain in my

statement: the Secret Council of 1933 to 1938, which was not made

public, and the Reich Defense Council which was created in 1938 and

converted into the Ministerial Council in 1939; the latter held meetings

which were in no way confined to its own members.

MR. JUSTICE JACKSON: Then you say that this was not the Defense Council

that met under the ban of secrecy?

GÖRING: The Prosecution want me to answer first with “yes” or “no.” It

is hard to answer this question with “yes” or “no.” I assert that the

Secret Defense Council, which was not made public and which arose out of

a meeting of ministers in 1933, never met. After 1938 a new Reich

defense law created a new council. At that time it was clear that our

military sovereignty had already been declared. This first council,

which the Prosecution called the secret one, never met, and the document

of yesterday proved that.

MR. JUSTICE JACKSON: Will you refer to Page 19 of this document, please,

and tell me whether one of the very things with which this meeting

concerned itself was not the lifting of the secrecy ban from the Reich

defense law?

GÖRING: No, that is not the way it reads here. If I may translate it,

the last point on the agenda: Consequences resulting from the lifting of

the secrecy ban on the Reich defense law and measures to expedite

procedures have already been dealt with by a letter from the Reich

Defense Committee on 26 June: “Consequences resulting from the lifting

of the secrecy ban with a view to expediting written communications.”

MR. JUSTICE JACKSON: You have stated that on the Jewish question, some

of the members of the government were more radical than you. Would you

state who these were?

GÖRING: Broadly speaking, when we took over the government, we only

demanded their removal from political and other leading positions in the

State.

MR. JUSTICE JACKSON: That is not what I asked you.

THE PRESIDENT: That is not a direct answer to the question. The question

was that you said some members of the government were more radical

toward Jews than you were. Would you tell us which of the members of the

government were more radical than you were?

GÖRING: Excuse me, I did not understand the question to mean who were

more radical, but in what way they were more radical. If you ask who,

then I would say that those were primarily Minister Goebbels and

Himmler.

MR. JUSTICE JACKSON: Do you also include your co-defendant, Streicher,

as more radical than you?

GÖRING: Yes, but he was not a member of the government.

MR. JUSTICE JACKSON: He was the Gauleiter, was he not, for this very

territory in which we are sitting.

GÖRING: That is correct; but he had very little or no influence on

government measures.

MR. JUSTICE JACKSON: What about Heydrich?

GÖRING: Heydrich was subordinate to Himmler. If I said Himmler, I, of

course, include Heydrich.

MR. JUSTICE JACKSON: Heydrich is then included in the list of the more

radical ones to whom you refer?

GÖRING: That is right; yes.

MR. JUSTICE JACKSON: What about Bormann?

GÖRING: It was only during the later years that I observed that Bormann

was becoming more radical. I do not know anything about his attitude in

the beginning.

MR. JUSTICE JACKSON: Now, I want to review with you briefly what the

Prosecution understands to be public acts taken by you in reference to

the Jewish question. From the very beginning you regarded the

elimination of the Jews from the economic life of Germany as one phase

of the Four Year Plan under your jurisdiction, did you not?

GÖRING: The elimination, yes; that is partly correct. The elimination as

far as the large industries were concerned, because there were continual

disturbances due to the fact that there were large industries, also

armament industries, still partly under Jewish directors, or with Jewish

shareholders, and that gave rise to a certain anxiety among the lower

ranks.

MR. JUSTICE JACKSON: Now, do I understand that you want the Tribunal to

believe that all you were concerned about was the big Jewish

enterprises? That is the way you want to be understood?

GÖRING: I was not at first disturbed by the small stores. They did not

come into the Four Year Plan.

MR. JUSTICE JACKSON: When did you become disturbed by the small stores?

GÖRING: When trade had to be limited, it was pointed out that this could

be done first by closing the Jewish stores.

MR. JUSTICE JACKSON: Now, let us go through the public acts which you

performed on the Jewish question. First, did you proclaim the Nuremberg

Laws?

GÖRING: As President of the Reichstag, yes. I have already stated that.

MR. JUSTICE JACKSON: What date was that?

GÖRING: 1935, I believe; here in Nuremberg, in September.

MR. JUSTICE JACKSON: That was the beginning of the legal measures taken

against the Jews, was it not?

GÖRING: That was a legal measure.

MR. JUSTICE JACKSON: That was the first of the legal measures taken by

your government against the Jews, was it not?

GÖRING: No, I believe the removal from office was before.

MR. JUSTICE JACKSON: When was that?

GÖRING: I could not state the exact date, but I believe that happened in

1933.

MR. JUSTICE JACKSON: Then on the first day of December 1936, you

promulgated an act making it a death penalty for Germans to transfer

property abroad or leave it abroad; the property of a culprit to be

forfeited to the State, and the People’s Court given jurisdiction to

prosecute, did you not?

GÖRING: That is correct; the “Decree Governing Restriction on Foreign

Currency.” That is to say, whoever had an account in a foreign country

without permission of the government.

MR. JUSTICE JACKSON: Then, your third public act was on 22 April 1938

when you published penalties for veiling the character of a Jewish

enterprise within the Reich, was it not?

GÖRING: Yes.

MR. JUSTICE JACKSON: Then on 28 July 1939, you, Hermann Göring,

published certain prescriptions on the competence of the courts to

handle those matters by the decree, did you not?

GÖRING: Please, would you kindly read the law to me? I cannot recall it.

MR. JUSTICE JACKSON: I will not take time reading it. Do you deny that

you published the _Reichsgesetzblatt_ law, 1939, found on Page 1370,

referring to the competence of the courts to handle penalties against

Jews? If you do not remember, say so.

GÖRING: Yes, I say that I cannot remember the law. If it is in the

_Reichsgesetzblatt_ and bears my name, then, of course, it is so; but I

do not remember the contents.

MR. JUSTICE JACKSON: Now, on 26 April 1938 you, under the Four Year

Plan, published a decree providing for the registration of Jewish

property and provided that Jews inside and outside Germany must register

their property, did you not?

GÖRING: I assume so. I no longer remember it, but if you have the decree

there, and if it is signed by me, there cannot be any doubt.

MR. JUSTICE JACKSON: On 26 April 1938 you published a decree under the

Four Year Plan, did you not, that all acts of disposal of Jewish

enterprises required the permission of the authorities?

GÖRING: That I remember.

MR. JUSTICE JACKSON: Then you published on 12 November 1938 a decree,

also under the Four Year Plan, imposing a fine of a billion marks for

atonement on all Jews?

GÖRING: I have already explained that all these decrees at that time

were signed by me, and I assume responsibility for them.

MR. JUSTICE JACKSON: Well, I am asking you if you did not sign that

particular decree? I am going to ask you some further questions about it

later.

GÖRING: Yes.

MR. JUSTICE JACKSON: Then on the 12th of November 1938, you also signed

a decree that, under the Four Year Plan, all damage caused to Jewish

property by the riots of 1938 must be repaired immediately by the Jews,

and at their own expense; and their insurance claims were forfeited to

the Reich. Did you personally sign that law?

GÖRING: I did sign a similar law. Whether it was exactly the same as you

have just read, I could not say.

MR. JUSTICE JACKSON: You do not disagree that that was the substance of

the law, do you?

GÖRING: No.

MR. JUSTICE JACKSON: And on the 12th of November 1938, did you not also

personally sign a decree, also under the Four Year Plan, that Jews may

not own retail stores, or engage independently in handicrafts or offer

goods, or services, for sale at markets, fairs, or exhibitions; or act

as leaders of enterprises or as members of co-operatives? Do you recall

all of that?

GÖRING: Yes. Those are all parts of the decrees for the elimination of

Jewry from economic life.

MR. JUSTICE JACKSON: Then, on the 21st of February 1939, you personally

signed a decree, did you not, that the Jews must surrender all objects

of precious metals and jewels purchased, to the public office within 2

weeks?

GÖRING: I do not remember that, but without doubt, that is correct.

MR. JUSTICE JACKSON: I refer to Volume I of the _Reichsgesetzblatt_,

1939, Page 282. You have no recollection of that?

GÖRING: I have not the _Reichsgesetzblatt_ in front of me now, but if

there is a decree in the _Reichsgesetzblatt_, or a law signed with my

name, then I signed that law and decreed it.

MR. JUSTICE JACKSON: Did you not also, on the 3rd of March 1939, sign a

further decree concerning the period within which items of jewelry must

be surrendered by Jews—_Reichsgesetzblatt_, Volume I, 1939, Page 387?

GÖRING: I assume that was the decree for the execution of the decree for

surrender previously mentioned. A law sometimes requires regulations and

decrees for execution consequent upon the law. Taken together, this is

one single measure.

MR. JUSTICE JACKSON: Did you not also sign personally a decree under the

Four Year Plan, of the 17th of September 1940, ordering the

sequestration of Jewish property in Poland?

GÖRING: Yes, as I stated before, in that part of Poland which, I may

say, as an old German province, was to return to Germany.

MR. JUSTICE JACKSON: Did you not also, on the 30th day of November 1940,

personally sign a decree which provided that the Jews should receive no

compensation for damages caused by enemy attacks or by German forces,

and did you not sign that in the capacity of President of the Reich

Defense Council? I refer to the _Reichsgesetzblatt_, Volume I, 1940,

Page 1547.

GÖRING: If you have it there before you, then it must be correct.

MR. JUSTICE JACKSON: You have no recollection of that?

GÖRING: Not of all the separate laws and decrees. That is impossible.

MR. JUSTICE JACKSON: Then, it was you, was it not, who signed, on the

31st day of July 1941, a decree asking Himmler, and the Chief of

Security Police and the SS Gruppenführer Heydrich to make the plans for

the complete solution of the Jewish question?

GÖRING: No, that is not correct. I know that decree very well.

MR. JUSTICE JACKSON: I ask to have you shown Document 710, Exhibit

Number USA-509.

THE PRESIDENT: Is that 710-PS?

MR. JUSTICE JACKSON: 710-PS, Your Honor.

[_Turning to the witness._] That document is signed by you, is it not?

GÖRING: That is correct.

MR. JUSTICE JACKSON: And it is addressed to the Chief of the Security

Police and the Security Service, and to SS Gruppenführer Heydrich, isn’t

it?

GÖRING: That is also correct.

MR. JUSTICE JACKSON: I am not certain whether the entire thing has been

read into the record, but I think it should be; and, that we may have no

difficulty about the translation of this, you correct me if I am wrong:

“Completing the task that was assigned to you on the 24th of

January 1939 . . .”

GÖRING: Here is a mistake already. It says: “Complementing” not

“completing” the task which has been assigned to you.

MR. JUSTICE JACKSON: Very well, I will accept that.

“. . . which dealt with arriving at a thorough furtherance of

emigration and evacuation, a solution of the Jewish problem, as

advantageously as possible, I hereby charge you with making all

necessary preparations in regard to organizational and financial

matters for bringing about a complete solution of the Jewish

question in the German sphere of influence in Europe.”

Am I correct so far?

GÖRING: No, that is in no way correctly translated.

MR. JUSTICE JACKSON: Give us your translation of it?

GÖRING: May I read it as it is written here?

“Complementing the task which was conferred upon you already on

24 January 1939, to solve the Jewish problem by means of

emigration and evacuation in the best possible way according to

present conditions, I charge you herewith to make all necessary

preparations as regards organizational, factual, and material

matters. . . .”

Now comes the decisive word which has been mistranslated: “for a total

solution,” not “for a final solution.”

“. . . for a total solution of the Jewish question within the

area of German influence in Europe. Should these come within the

competence of other governmental departments, then such

departments are to co-operate.

“I charge you further to submit to me as soon as possible a

general plan showing the organizational and material measures

for reaching the desired total solution of the Jewish

question. . . . Complementing the task assigned to you on 24

January 1939. . . .”

That was at a time when there was no war or prospect of a war.

MR. JUSTICE JACKSON: Now are you reporting the instrument or are you

making an explanation?

GÖRING: I wanted to add an explanation to the quotation and just to

point out the date.

MR. JUSTICE JACKSON: Yes. Well, I just did not want it to appear that it

was a part of the instrument. The last that is contained in the

instrument is:

“I charge you furthermore to send me, before long, an over-all

plan concerning the organizational, factual, and material

measures necessary for the accomplishment of the desired

solution of the Jewish question.”

Is that not a substantially accurate translation of your order to

Heydrich and Himmler?

GÖRING: To Heydrich and the other government departments which had

anything to do with it. That can be seen from the first part of the

letter, the last sentence.

MR. JUSTICE JACKSON: Let us have no misunderstanding about this

translation now. This letter was directed to the Chief of the Security

Police and the Security Service, and SS Gruppenführer Heydrich. We are

right about that, are we not?

GÖRING: That is correct, but I have to make an explanation in connection

with that.

MR. JUSTICE JACKSON: All right.

GÖRING: The reason I sent this letter to him was that, by the decree of

24 January 1939, Heydrich, or it may have been Himmler, had been given

the task of dealing with the emigration of the Jews. Therefore, this was

the government department concerned, and it was to the department which

had been given the task that I had to apply concerning all material and

economic matters arising therefrom.

MR. JUSTICE JACKSON: Yes. And you ordered all other governmental

agencies to co-operate with the Security Police and the SS in the final

solution of the Jewish question, did you not?

GÖRING: There is nothing about the SS here; only about the

Sicherheitspolizei, a governmental agency. The fact that Heydrich was SS

Gruppenführer had no direct bearing on it, because it was sent to the

Chief of the Security Police—mentioning his rank as SS Gruppenführer

Heydrich.

MR. JUSTICE JACKSON: And mentioning his rank in the SS was just

superfluous and has nothing to do with the case?

GÖRING: I have to explain that. For instance, if I write to the

Commander-in-Chief of the Army, then I write: “To the Commander-in-Chief

of the Army, Colonel General or Field Marshal Von Brauchitsch.” And if I

write to the Chief of the Security Police, then I must address it: “To

the Chief of the Security Police, SS Gruppenführer Heydrich.” That was

his rank and his title. However, that does not mean that the SS had

anything to do with it.

MR. JUSTICE JACKSON: Now, at the time that you issued this order you had

received complete reports as to the 1938 riots and Heydrich’s part in

them, hadn’t you?

GÖRING: At that time I had no knowledge of Heydrich’s part in the

riots—only Heydrich’s report on the riots, for which I had asked.

MR. JUSTICE, JACKSON: All right. Now we will show you Document Number

3058-PS, in evidence as Exhibit Number USA-508.

[_Document 3058-PS was submitted to the witness._]

That is the report written by Heydrich which you say you had received,

and it is dated 11 November 1938, is it not?

GÖRING: That is correct.

MR. JUSTICE JACKSON: And it recited to you the looting of Jewish shops,

the arrest of 174 persons for looting, the destruction of 815 shops, 171

dwellings set on fire or destroyed, and that this indicated only a

fraction of the actual damage caused; 191 synagogues were set on fire,

and another 76 completely destroyed; in addition, 11 parish halls,

cemetery chapels, and similar buildings were set on fire, and 3 more

completely destroyed; 20,000 Jews were arrested; also, 7 Aryans and 3

foreigners—the latter were arrested for their own safety; 36 deaths

were reported, and the seriously injured were also numbered at 36. Those

killed and injured are Jews. One Jew is still missing. The Jews killed

include 1 Polish national, and those injured include 2 Poles.

You had that report on or about the 11th day of November 1938, did you

not?

GÖRING: That is correct. That is the report mentioned by me and which I

had asked the police to supply, because I wanted to know what had

happened up to then.

MR. JUSTICE JACKSON: Exactly. And the note was made at the top of it,

“The General Field Marshal has been informed and no steps are to be

taken.” Was it not?

GÖRING: That is not quite correct. It says here, “General Field Marshal

has taken note. No steps are to be taken by any other office,” because I

myself wanted to take them.

MR. JUSTICE JACKSON: Now, you know that that is not true, do you not,

that steps were to be taken by some other office? I put it to you

squarely whether you are telling this Tribunal the truth when you say

that no steps were to be taken by anyone else.

GÖRING: This is a note by my staff department, that nothing was to be

done by that quarter, because I said I was going to deal with it

personally. In fact I went straight to the Führer with this report.

MR. JUSTICE JACKSON: All right. Did you receive a report from the Chief

Party Judge of the Nazi Party, dated Munich, the 13th of February 1939,

concerning the proceedings taken by the Party in these matters?

GÖRING: That is correct. I received that report much later.

MR. JUSTICE JACKSON: And at the time you appointed—I withdraw the

question. It is obvious from the dates of the documents. You

acknowledged the receipt of that document, did you not, to Party member

Buch?

GÖRING: That is also correct.

MR. JUSTICE JACKSON: And the only proceedings that were taken about

these riots were those taken by the Party Court, were they not?

GÖRING: Not quite; some were brought before the law courts. That is in

the report also.

MR. JUSTICE JACKSON: I ask that he be shown the report, which is

Document 3063-PS. It is not in evidence. Since the document apparently

has not been brought here, I will ask you from your recollection.

GÖRING: I know it fairly well.

MR. JUSTICE JACKSON: I thought so.

GÖRING: No, because it has been submitted to me before, here.

MR. JUSTICE JACKSON: Yes, it has not been kept from you. Now, in the

first place, the Party Court reported that it was probably understood—I

quote—“by all of the Party leaders present, from oral instructions of

the Reich Propaganda Director, that the Party should not appear

outwardly as the originator of the demonstrations, but in reality should

organize and execute them.” Was that the report of the Party Court?

GÖRING: The Party Court, as a result of its investigation, established

that the Propaganda Chief, Dr. Goebbels, had given these directives. May

I ask, if we are dealing with a report dated March or maybe April?

MR. JUSTICE JACKSON: The 13th of February 1939, is the date.

GÖRING: Yes, that is correct; that is the result of investigations after

the incidents.

MR. JUSTICE JACKSON: That is right. Now, as a result of the riots, did

the Court, the Party Court, not also report this to you: that the

Supreme Party Court has reserved itself the right to investigate the

killings, also the severe mistreatment and moral crimes and will request

the Führer to drop proceedings against any person whom the Party Court

did not find guilty of excesses?

GÖRING: That is correct.

MR. JUSTICE JACKSON: And the Party Court was made up of Gauleiter and

Group Leaders of the Party?

GÖRING: The Party Court changed. I cannot say just now, without having

the document, who made up the Party Court at that time. I see that I am

being given the document.

MR. JUSTICE JACKSON: I call your attention to Page 4, toward the bottom,

where the report says, “Gauleiter and Group Leaders of the branches

served as jurors at the trials and decisions.”

GÖRING: Yes, it was a matter of course that the jurors of the Party

Court were always taken from these categories according to their

importance. I wanted only to say I did not know which persons were

taking part here.

MR. JUSTICE JACKSON: Now, the Party Court found five persons guilty of

offenses, did they not? Number 1, a Party member, was guilty of a moral

crime and race violation and he was expelled. Is that right?

GÖRING: And turned over to the penal court. That is what it says in the

last sentence.

MR. JUSTICE JACKSON: That is right. Another Party member, Case Number 2,

was suspected of race violation and expelled from the Nazi Party.

GÖRING: Expelled for suspected race violation and theft, and turned over

to the ordinary court.

MR. JUSTICE JACKSON: Yes; and Number 2, Gustav, was expelled from the

Party and SA for theft. Right?

GÖRING: You are at Number 3?

MR. JUSTICE JACKSON: I have Number 2, Gustav, the first name mentioned.

GÖRING: Gustav is the first name—Gerstner—yes, for theft, also turned

over to the ordinary court for suspected race violation.

MR. JUSTICE JACKSON: Now, Number 3 dealt with two expulsions of Party

members on the grounds of moral crimes against a Jewess, and they are

now held in protective custody. Right?

GÖRING: Expelled from the NSDAP and taken into protective custody; they

were also turned over to the civil court later. I know that very well.

MR. JUSTICE JACKSON: Now, we come to Cases 4 and 5, the first of which

was a man, a Party member and SA member, who was reprimanded and

declared unfit to hold office for 3 years because of a disciplinary

offense, namely, for killing the Jewish couple Selig, contrary to order.

Is that right?

GÖRING: That is correct.

MR. JUSTICE JACKSON: And in the last of these cases the offender was

reprimanded and declared unfit to hold office for 3 years for shooting a

16-year-old Jew, contrary to orders after completion of the drive. Is

that right?

GÖRING: That is correct.

MR. JUSTICE JACKSON: We now come to the cases of the killing of Jews,

where proceedings were suspended or minor punishments pronounced. I will

not go through those in detail, but it is a fact that only minor

punishments were pronounced by the Supreme Court of the Party for the

killing of Jews, were they not?

GÖRING: Yes, that is correct.

MR. JUSTICE JACKSON: I now ask you to turn to Page 8.

GÖRING: One moment please.

MR. JUSTICE JACKSON: I call your attention to the language in regard to

Cases 3 to 16.

GÖRING: Which page, please?

MR. JUSTICE JACKSON: Nine, I believe it is. The Supreme Party Court asks

the Führer to quash the proceedings in the State criminal courts.

GÖRING: To quash them, to beat them down, that does not mean suppress. A

penal proceeding can be “niedergeschlagen.” In Germany that is a

different thing from “suppress.”

MR. JUSTICE JACKSON: Well, you give us your version of it and tell us

what it is. What does beating down a proceeding mean? Does it mean that

it has ended?

GÖRING: That is what it means, but it can only be ordered by an office

which has authority to do it; that is to say, the Führer can at any time

“beat down” a proceeding by way of an amnesty. The Cabinet could at any

time pass a resolution to “beat down” a proceeding—suppressing it would

have been illegal. In Germany, “niedergeschlagen” is a legal term

meaning “to suspend.”

MR. JUSTICE JACKSON: And one further question. It was also reported to

you, was it not, in that report—I refer to Page 11:

“The public down to the last man realize that political drives,

like those of 9 November, were organized and directed by the

Party, whether this is admitted or not. When all the synagogues

burned down in one night, it must have been organized in some

way and can only have been organized by the Party.”

That also was in the report of the Supreme Party Court, was it not?

GÖRING: I have not found it yet. It is not the same page as mine.

MR. JUSTICE JACKSON: Let us find it and not have any mistake about it.

Page 11. I should think it would be at the very bottom of Page 10,

perhaps, where it starts.

GÖRING: Yes, I have just found it.

MR. JUSTICE JACKSON: Did I give a reasonably correct translation of it?

GÖRING: That is correct.

THE PRESIDENT: Would that be a convenient time to break off? Before we

break off, will you offer in evidence these documents that you have been

putting to the witness? Those which are not already in evidence?

MR. JUSTICE JACKSON: Yes, they should be, Your Honor, I will do that.

THE PRESIDENT: I think Document 3575-PS may have been offered yesterday,

but not strictly offered in evidence; and Document 3063-PS today; and

one other document the number of which I have not got.

MR. JUSTICE JACKSON: I appreciate very much your calling my attention to

it.

[_A recess was taken._]

DR. HORN: Mr. President: I ask you, Your Honor, to permit the Defendant

Von Ribbentrop to be absent from tomorrow’s session, as there are still

some fundamental questions I have to discuss with him in order to

prepare his counterevidence.

THE PRESIDENT: Dr. Horn, your suggestion as I understand it, is that the

Defendant Ribbentrop should be absent from tomorrow morning’s sitting in

order that you may consult with him in reference to the preparation of

his defense. Is that right?

DR. HORN: Yes.

THE PRESIDENT: The Tribunal has no objection to that course being taken

provided that you make arrangements with some other Defense Counsel to

look after Defendant Ribbentrop’s interests if any questions arise. The

Tribunal does not wish that you should come hereafter and say that you

and Defendant Ribbentrop were out of court and object to what may have

happened in your absence. You understand what I mean?

DR. HORN: Yes, Mr. President, and I give you my assurance that I will

not use an objection of that nature, and shall ask one of my colleagues

to act on my behalf.

THE PRESIDENT: The Tribunal has no objection to your taking that course

of action, but of course you realize that the Trial cannot be held up by

any delay which might be caused in the future by the fact that you were

not present.

DR. HORN: Mr. President, the purpose of my request is such that it will

help me to avoid future delays.

THE PRESIDENT: Yes, I quite understand that. I was only saying that in

allowing you to do this, which is perfectly reasonable, the Tribunal is

merely indicating they will not allow any future delays. The Trial must

continue.

DR. HORN: I understand that and I wish to thank you.

MR. JUSTICE JACKSON: [_Turning to the witness._] Now, the _Völkischer

Beobachter_ of the 12th of March 1933 quotes a speech of yours delivered

at Essen on the 11th of March 1933, including the following—and I

refresh your recollection by calling it to your attention:

“I am told that I must employ the police. Certainly I shall

employ the police, and quite ruthlessly, whenever the German

people are hurt; but I refuse the notion that the police are

protective troops for Jewish stores. No, the police protect

whoever comes into Germany legitimately, but it does not exist

for the purpose of protecting Jewish usurers.”

Did you say that?

GÖRING: When did you say that was?

MR. JUSTICE JACKSON: Did you say that on the 11th of March 1933 in a

speech at Essen, either that, or that in substance?

GÖRING: That is correct, but the circumstances were different. Before I

answer, I would like to ask whether you have finished with the document

in the book that was submitted to me previously. I gave no explanation

and will ask my counsel to have me questioned later in regard to that

document.

MR. JUSTICE JACKSON: That is satisfactory.

After the riots of November 9th and 10th, you have testified that you

called a meeting on the 12th of November and ordered all officials

concerned to be present, and that the Führer had insisted on Goebbels

being present.

GÖRING: Yes, all chiefs of the economic departments.

MR. JUSTICE JACKSON: Could you tell us who was there in addition to

yourself and Goebbels?

GÖRING: As far as I recall, the following were there for the purpose of

reporting: The Chief of the Secret State Police, concerning the events,

the Minister of Economy, the Minister of Finance, the Minister of the

Interior . . .

MR. JUSTICE JACKSON: Will you please state their names so that there

will not be any mistake about who was there at that time.

GÖRING: I can quote only from memory. There were present to draw up a

report: The leader of the Secret State Police in Berlin, Heydrich; the

Minister of the Interior, Dr. Frick; Dr. Goebbels you have mentioned

already; the then Minister of Economy, Funk, was there; the Finance

Minister, Count Schwerin von Krosigk; and Fischböck from Austria.

Those are the only names I can recall at present, but there may have

been a few others there too.

MR. JUSTICE JACKSON: Part of the time, Hilgard, representing the

insurance companies, was also present, was he not?

GÖRING: He was summoned and waited there. His views were asked on

special questions.

MR. JUSTICE JACKSON: Now, you have been shown the stenographic minutes

of that meeting which are in evidence as Exhibit Number USA-261, being

Document Number 1816-PS, have you not, in your interrogation?

GÖRING: Yes.

MR. JUSTICE JACKSON: I will ask that they be shown to you, and now, so

that we may have no misunderstanding about the translations.

You opened the meeting with this statement. I will read it: “Gentlemen

. . .” I think perhaps we had better be clear about which meeting it

was. This is the meeting held on the 12th day of November 1938 at the

office of the Reich Air Ministry. That is correct, is it not?

GÖRING: Yes, that is correct.

MR. JUSTICE JACKSON: You opened the meeting:

“Gentlemen, today’s meeting is of a decisive nature. I have

received a letter written on the Führer’s orders by the

Stabsleiter of the Führer’s Deputy, Bormann, requesting that the

Jewish question be now, once and for all, co-ordinated and

solved one way or another.”

Is that correct?

GÖRING: Yes, that is correct.

MR. JUSTICE JACKSON: Further down, I find this:

“Gentlemen, I have had enough of these demonstrations. They do

not harm the Jews, but finally devolve on me, the highest

authority for the German economy. If today a Jewish shop is

destroyed, if goods are thrown into the street, the insurance

company will pay the Jew for the damages so that he does not

suffer any damage at all. Furthermore, consumer goods, goods

belonging to the people, are destroyed. If, in the future,

demonstrations occur—and on occasion they may be

necessary—then I ask that they be so directed that we do not

cut our own throats.”

Am I correct?

GÖRING: Yes, quite correct.

MR. JUSTICE JACKSON: Skipping two or three paragraphs, I come to this

. . .

GÖRING: But the supplement has been omitted.

MR. JUSTICE JACKSON: Well, you can supplement it any way you want to.

GÖRING: “. . . then I ask that they be so directed that we do

not cut our own throats. For it is absurd to empty and set fire

to a Jewish store, when a German insurance company has to cover

the damage, and the goods which I sorely need are burned. I

might as well take and burn the raw materials when they come

in.”

MR. JUSTICE JACKSON: That is right. You read any part of it that you

want to as we go along, in addition to what I read.

“I am not going to tolerate a situation in which the German

insurance companies are the ones to suffer. To prevent this, I

will use my authority and issue a decree. In this, of course, I

ask for the support of the competent government agencies, so

that everything shall be settled properly and the insurance

companies will not be the ones who suffer.

“But another problem immediately emerges: It may be that these

insurance companies have re-insurance in foreign countries. If

there are such re-insurances, I would not want to give them up,

because they bring in foreign exchange. The matter must be

looked into. For that reason, I have asked Mr. Hilgard from the

insurance company to attend, since he is best qualified to tell

us to what extent the insurance companies are covered by

re-insurance against such damage. I would not want to give this

up under any circumstances.”

Is that correct?

GÖRING: That is absolutely correct.

MR. JUSTICE JACKSON: “I do not want to leave any doubt,

gentlemen, as to the purpose of today’s meeting. We have not

come together merely to talk again, but to make decisions; and I

earnestly ask the competent departments to take trenchant

measures for the Aryanizing of German economy and to submit them

to me as far as is necessary.”

GÖRING: That is correct.

MR. JUSTICE JACKSON: I then skip a considerable portion, unless there is

more that you wish to put in, and come to this statement:

“The State Trustee will estimate the value of the business and

decide what amount the Jew shall receive. Naturally, this amount

is to be fixed as low as possible. The State Trustee will then

transfer the business to Aryan ownership. The aim is thus

accomplished, inasmuch as the business is transferred to the

right ownership and its goodwill and balance sheet remain

unimpaired.

“Then the difficulties begin. It is easily understandable that

attempts will be made on a large scale to get Party members into

all these stores and thus give them some compensation. I have

witnessed terrible things in the past; little chauffeurs of

Gauleiter have profited so much by these transactions that they

have raked in half a million. You gentlemen know it. Is that

correct?”

And they assented.

GÖRING: Yes, I said that.

MR. JUSTICE JACKSON: Would you care to read anything further in

connection with that?

GÖRING: Perhaps only the next sentence:

“These are, of course, things which are not permissible, and I

shall not hesitate to deal ruthlessly with such underhand

dealings. If a prominent person is involved I shall go straight

to the Führer and report these dirty tricks quite impartially.”

MR. JUSTICE JACKSON: That is, if any individual was attempting to profit

by Jewish possessions—is that what you meant?

GÖRING: By Aryanization.

MR. JUSTICE JACKSON: I will quote another portion:

“In other words, it must be an ordinary business transaction.

One sells his business and another buys it. If there are Party

members among the would-be purchasers, they are to be given

preference if they fulfill the same conditions. First of all

should come those who have suffered damage. After that,

preference should be given on grounds of Party membership.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 09 · 第 23 / 35 题