“Hermann Göring himself, through his chief adjutant, had the
following answer given to a petition for the introduction of a
special chaplain’s office within the headquarters of the Air
Force; that he could not at the moment do anything because Adolf
Hitler had not yet made a final decision concerning the question
of religion. However, he wished full freedom of religion in the
Air Force, including the Christian denominations, and every
member of the Air Force could choose for himself whatever
chaplain or civilian pastor he desired.”
The affidavit from Gauleiter Dr. Uiberreither, dated 27 February 1946,
deals with the question which I mentioned earlier and which is contained
in Document Book Number 1, Page 31. It, under Figure 2, deals with the
events of the night of 9 to 10 November 1938 and the knowledge thereof,
as follows:
“A few weeks after the action against the Jews on the night of 9
to 10 November 1938—towards the end of November or the
beginning of December 1938—Field Marshal Göring again called
all the Gauleiter to Berlin. During this meeting he criticized
the action in harsh words and stated that it had not been in
keeping with the dignity of the nation. Moreover, it had also
seriously lowered our prestige abroad. If the murder of Legation
Counsellor Von Rath was regarded as an attack by Jewry against
the Reich, then the German Reich had other means of countering
such an attack than appealing to the baser instincts. In an
orderly state no irregular mob action ought to take place under
any circumstances.”
And in the last paragraph, under Number 2, it says:
“In conclusion, he asked the Gauleiter to use their entire
influence to see to it that such incidents, which were
detrimental to Germany, would not recur in the future.”
I can skip Page 16, Paragraph 5, as an explanation on that has already
been given.
That the Defendant Göring took his duty as Supreme Administrator of
Justice very seriously becomes apparent from an affidavit of Judge
Advocate General Dr. Lehmann of 21 February 1946. I shall read from this
affidavit in Document Book Number I, Page 106, Document Number 27,
Exhibit Number Göring-6. I quote from Figure II onwards:
“II. The opinion I have of him is the following:
“The Reich Marshal originally took a negative attitude toward
lawyers. He was evidently influenced by the Führer. This
attitude underwent a change to the extent that he occupied
himself with legal matters of the Air Force. At the end of the
war the Reich Marshal was one of the high commanders who liked
to consult lawyers. He took special interest in the legal
department of the Air Force and attached great importance to it.
He assigned to this department difficult cases for investigation
concerning which he was sceptical of the reports of the other
offices.”
From the following paragraph:
“The Reich Marshal had himself thoroughly informed concerning
matters which I had to discuss with him. He devoted an unusual
amount of time to these matters. The conferences, even when
there were considerable differences of opinion, took a quiet and
objective course.”
Then from Paragraph III:
“III. Concerning the legal department of the Air Force, the
Reich Marshal reserved for himself the confirmation of sentences
in many cases, including all death sentences.
“In passing judgment on individual cases he was inclined to show
occasional leniency—in spite of the harshness demanded of all
judges by the Führer. In cases of treason, and especially in
moral crimes, he showed merciless severity. I know from the
records that in severe cases of rape he would often reverse a
judgment because he considered the death sentence was necessary.
It did not matter whether the woman involved was from Germany or
from the occupied territories. I believe that I remember at
least one case from the records where he even changed the
regular manner of execution and ordered that the soldier be
hanged in the Russian village in which he had committed the
rape.
“IV. When presiding at a trial the Reich Marshal was very
forceful but benevolent; also in his recommendations for mercy
to the Führer.
“V. In his own decisions the Reich Marshal doubtless knowingly
often acted contrary to the ideas and demands of the Führer,
especially in political matters, which he judged much more
mildly, and in cases of excesses against inhabitants of the
occupied countries, which he judged much more harshly than the
Führer.
“I have often discussed the personality of the Reich Marshal
with his legal adviser, a very experienced, quiet, and
conscientious lawyer, as well as with the Judge Advocate
General, who was distinguished by the same qualities, and was
often with him. We were of one opinion about the Reich Marshal.”
In the course of this Trial, the Prosecution has repeatedly referred to
the so-called Green File, which was submitted under Document Number
1743-PS. This is not, as the Prosecution maintains, a regulation for the
spoliation and annihilation of the population. Its object was rather the
economic mobilization and the uninterrupted operation of industry, the
procurement and regular utilization of supplies, and of transport
facilities in the territories to be occupied by military operations,
with special consideration of the fact that Russia had no private
enterprise, but only a strict centrally regulated state economy. In
addition to that, vast destruction had to be anticipated in view of the
Russian attitude. Nowhere does it contain an order or directive to
exploit certain groups of the population beyond the necessities caused
by the war.
From that Green File I have cited a whole series of passages which are
to prove my statements. I cannot refer to them in detail; I should like
to draw your attention only to one very characteristic passage which is
on Page 94 of this Green File, second paragraph:
“Among the native population, that is, in this case, workmen and
clerical employees, the best possible relationship is to be
established.”
Somewhat below, on the same page:
“Endeavors must be made for good relations with the population,
in particular also with the workers in agriculture.”