VON NEURATH: No. It was no longer possible either to have a voice in the

press, or to hold a meeting. It was quite out of the question. I could

only speak to Hitler personally or, at the beginning, in the Cabinet in

protest against this policy. There was no freedom of the press any

longer, any more than in Russia. In the same way no meeting was

possible. Consequently...

THE TRIBUNAL (Gen. Nikitchenko): I am not asking you about Russia; I am

asking you about your expressing your views publicly. In other words,

you never expressed them.

VON NEURATH: No.

THE TRIBUNAL (Gen. Nikitchenko): And in that way nobody in Germany could

know, or did know, about the fact that you were not in agreement with

the policy on the part of Hitler’s Government?

VON NEURATH: I always expressed myself quite unmistakably about it, but

not in articles, nor in meetings either; but otherwise I always

expressed myself clearly about it.

THE TRIBUNAL (Gen. Nikitchenko): Yes, but only in your _tête-à-tête_

with Hitler, only personally to Hitler. You said so, did you not?

VON NEURATH: No; I tell you I said that to everyone who would listen,

but I could not do so in public meetings, in speeches, or in articles.

THE TRIBUNAL (Gen. Nikitchenko): And you remained a member of the

Government in spite of the fact that you were not in agreement with the

Government’s policy; is that so?

VON NEURATH: Yes, for that very reason.

THE TRIBUNAL (Gen. Nikitchenko): In order to counteract his policy?

VON NEURATH: Yes.

THE TRIBUNAL (Gen. Nikitchenko): Do you know the results of Such

counteracting?

VON NEURATH: I did not understand that.

THE TRIBUNAL (Gen. Nikitchenko): What were the results of counteracting

the policy of Hitler’s Government?

VON NEURATH: Well, I am not in a position to give the details on that.

THE TRIBUNAL (Gen. Nikitchenko): In particular, as to the question of

aggression, were you against the joining of Germany and Austria?

VON NEURATH: Yes.

THE TRIBUNAL (Gen. Nikitchenko): The German Government, in spite of

this, joined Austria to Germany; is that so?

VON NEURATH: I believe it has been clearly expressed here that at the

last moment Hitler did that.

THE TRIBUNAL (Gen. Nikitchenko): You were against the seizing of

Czechoslovakia?

VON NEURATH: Yes.

THE TRIBUNAL (Gen. Nikitchenko): And the German Government, in spite of

this, seized Czechoslovakia?

VON NEURATH: I was no longer a member of the Government at that time.

THE TRIBUNAL (Gen. Nikitchenko): But as a statesman whose opinion should

have been considered, you, of course, expressed your opinion against it,

did you not?

VON NEURATH: Always.

THE TRIBUNAL (Gen. Nikitchenko): You were against the attack on Poland?

VON NEURATH: Yes.

THE TRIBUNAL (Gen. Nikitchenko): And in spite of that Germany did attack

Poland.

VON NEURATH: I repeat, I was no longer a member of the Government. I

learned of it only at the last moment.

THE TRIBUNAL (Gen. Nikitchenko): You were against the attack on the

U.S.S.R.?

VON NEURATH: Yes, more so indeed; I always wanted the exact opposite. I

wanted co-operation with the Soviet Union, I said that as early as 19...

THE TRIBUNAL (Gen. Nikitchenko): And still Germany attacked the Soviet

Union?

VON NEURATH: Yes.

THE TRIBUNAL (Gen. Nikitchenko): Judging from your explanations, Hitler

must have known about your political opposition and your disagreement

with his policy; is it correct?

VON NEURATH: He knew that very well, for I resigned in 1938 for that

reason.

THE TRIBUNAL (Gen. Nikitchenko): Yes. And you know how Hitler made short

work of his political opponents?

VON NEURATH: In the Reich, yes.

THE TRIBUNAL (Gen. Nikitchenko): And so far as you were concerned, in

spite of the fact that you sided with the opposition, nothing happened;

that is true, is it not?

VON NEURATH: I did not understand.

THE TRIBUNAL (Gen. Nikitchenko): So far as you were concerned, in spite

of the fact that you declared yourself for the opposition, nothing of

the kind happened?

VON NEURATH: No, but I always expected it.

THE TRIBUNAL (Gen. Nikitchenko): And could you not tell us whether Sir

Nevile Henderson, in his book, the _Failure of a Mission_, expressed the

facts concerning you personally correctly or not? Do you consider that

Sir Nevile Henderson expressed the facts correctly concerning you

personally? Does he express them correctly?

VON NEURATH: I must admit frankly that I read this book by Sir Nevile

Henderson only once, 3 or 4 years ago. I cannot remember now what he

said about me. I heard excerpts from it here once or twice but I cannot

say what he writes about me.

THE TRIBUNAL (Gen. Nikitchenko): But I assume that you are familiar

enough with the excerpts presented by your defense counsel in his

document book?

VON NEURATH: Yes.

THE TRIBUNAL (Gen. Nikitchenko): Now, for instance, that which is

expressed in his excerpts so far as you are concerned, is it correct or

not?

VON NEURATH: I assume so, yes.

THE TRIBUNAL (Gen. Nikitchenko): That is to say, it is correct. And is

it quite correct what he writes in reference to your membership in the

Party? He writes that “Baron von Neurath himself remained in the regime

of Hindenburg, and he was not a member of the Nazi Party.”

VON NEURATH: Yes, I believe I have said so repeatedly here in the last

few days.

THE TRIBUNAL (Gen. Nikitchenko): And further on he informs us that “he

(Neurath) became a member of the Party later.”

VON NEURATH: I have already explained how that happened. In 1937 I

received a Golden Party Badge without my...

THE TRIBUNAL (Gen. Nikitchenko): Yes, we have heard that before, but is

it true or not that you became a member of the Nazi Party later, as Sir

Nevile Henderson states?

VON NEURATH: No, I...

THE TRIBUNAL (Gen. Nikitchenko): So this particular part is not correct,

is it?

VON NEURATH: I received the Golden Party Badge with Hitler’s statement

that this involved no obligations towards the Party.

THE TRIBUNAL (Gen. Nikitchenko): We have heard this already. That means

that in Sir Nevile Henderson’s statements not everything is true as far

as your person is concerned?

VON NEURATH: I do not know. With the best intentions I cannot remember

what Sir Nevile Henderson wrote about me.

THE TRIBUNAL (Gen. Nikitchenko): And the last question I have, which is

in regard to your memorandum: I did not quite understand the

explanations which were given by you to Sir David and later to your

defense counsel. Now, in forwarding Frank’s memorandum, in the letter

addressed to Lammers, you wrote that you considered this memorandum

absolutely correct. Is that true?

VON NEURATH: Yes, that is true. I should also like to tell you the

reasons. This memorandum...

THE TRIBUNAL (Gen. Nikitchenko): You already explained the reasons

before. I just wanted to establish the fact that you really wrote this.

VON NEURATH: Up to now I have not told the reason why I wrote this to

Lammers. The reason why I wrote to Lammers to this effect was that he

was the one who submitted this memorandum to the Führer. So I had to

write to the same effect.

THE PRESIDENT: There are two subjects I want to ask you about and the

first relates to the letter that you wrote on the 31st of August 1940.

That is the letter which General Nikitchenko has just referred to; you

remember that?

VON NEURATH: Yes, indeed.

THE PRESIDENT: And you remember that you said in that letter that you

fully agreed with the memorandum which your Secretary of State Frank had

drawn up independently of you. He said that “Germanization provides for

the changing of the nationality of racially suitable Czechs; and

secondly, the expulsion of racially unassimilable Czechs and of the

intelligentsia who are enemies of the Reich or special treatment for

these and all destructive elements.” My question is: What did you

understand by “special treatment”?

VON NEURATH: Well, as far as I read this extract at all at the time, I

had in no way ever thought of the term “special treatment” as it has

become known here during the Trial. I was certainly not at all in

agreement with this attitude of Frank as represented in the report, and

I only had the intention of frustrating this whole affair in order to

sidetrack it. The content of these reports was only intended to present

this to Hitler in Hitler’s language, or in the language of Himmler and

others, in order to dissuade him from it later on.

THE PRESIDENT: Was it not misleading to write to Herr Lammers with the

view that it should be put forward to Hitler, saying that you fully

agreed with the memorandum with which you did not agree?

VON NEURATH: Mr. President, as things were, I could not write to

Lammers. I did not intend to carry out anything which is written in

there, but since Lammers was presenting this to Hitler, I first had to

tell him I agreed with it. Afterward I reported to Hitler and gave him

an explanation in a personal conference during the meeting with Frank

and Gürtner which has been mentioned here.

THE PRESIDENT: Then your answer is that you do not know what was meant

by “special treatment”?

VON NEURATH: No; in any case I did not know at the time.

THE PRESIDENT: Now, there is one other question that I should like to

put to you. You remember when you were called on the 11th of March 1938,

at the time of the Anschluss with Austria, and you wrote the letter of

the 12th of March 1938, in answer to the memorandum which you received

from the British Government through Sir Nevile Henderson. You knew Sir

Nevile Henderson quite well, did you not?

VON NEURATH: Yes.

THE PRESIDENT: And in that letter you said this:

“It is untrue that the Reich used forceful pressure to bring

about this development; especially the assertion, which was

spread later by the former Chancellor, that the German

Government had presented the Federal President with a

conditional ultimatum, is pure invention. According to the

ultimatum, he had to appoint a proposed candidate as Chancellor

and form a Cabinet conforming to the proposals of the German

Government, otherwise the invasion of Austria by German troops

was held in prospect.”

And then you go on to say what you allege was the truth of the matter.

You know now, do you not, that your statements in that letter were

entirely untrue?

VON NEURATH: That did not come through.

THE PRESIDENT: Have you heard any part of the question that I was

putting to you?

VON NEURATH: Unfortunately not.

THE PRESIDENT: It is a pity that you did not say so earlier. Do you

remember the 11th of March 1938 and being called in to represent the

Foreign Office, and you have told me just now that you knew Sir Nevile

Henderson quite well?

VON NEURATH: Yes.

THE PRESIDENT: And you remember the letter which you wrote on the 12th

of March 1938?

VON NEURATH: Yes.

THE PRESIDENT: And you admitted to Sir David Maxwell-Fyfe that the

statements in that letter were untrue?

VON NEURATH: Untrue, yes—not entirely. They are presented incorrectly.

THE PRESIDENT: What steps did you take to find out whether or not they

were true?

VON NEURATH: I did not learn of the incorrectness of this presentation

until much later.

THE PRESIDENT: That is not an answer to my question. I said, “What steps

did you take to find out whether the statement was correct?”

VON NEURATH: The statement which Hitler gave me I first simply presumed

to be true. I certainly could not check up on it in any way.

THE PRESIDENT: Why should you assume it to be true when it was in

contradiction of what the British Government had stated?

VON NEURATH: I had no other knowledge of the events which had occurred

and therefore could only say what I knew.

THE PRESIDENT: You had the letter, the protest from the British

Government, had you not?

VON NEURATH: Yes.

THE PRESIDENT: You knew Sir Nevile Henderson perfectly well?

VON NEURATH: Yes.

THE PRESIDENT: And you then wrote this letter contradicting the

statements which had been made on behalf of the British Government; that

is right, is it not?

VON NEURATH: Yes.

THE PRESIDENT: And you took no steps to check the facts which had been

stated to you by Hitler? Will you answer that, please?

VON NEURATH: Yes. Your Lordship, how was I to do that? There was no one

else who knew about it. It was only what Hitler had commissioned me to

tell the Foreign Office. The draft of this note was drawn up by the

Foreign Office according to the information which I had received from

Hitler. I had no other chance to clear this up.

THE PRESIDENT: There were all the other persons who were concerned with

the matter whom you could have communicated with, but your statement is

that you did nothing?

VON NEURATH: I can only repeat that I had no opportunity to procure any

other information. No one knew about it except Hitler.

THE PRESIDENT: Are you telling the Tribunal that Göring did not know

about it?

VON NEURATH: Perhaps Göring knew about it.

THE PRESIDENT: That is all. The defendant can return to the dock.

DR. VON LÜDINGHAUSEN: Mr. President, I ask permission to call the first

witness, the former Ministerial Director, and head of the political

section in the Foreign Ministry, Dr. Köpke.

[_The witness Köpke took the stand._]

THE PRESIDENT: Will you state your full name, please?

GERHARD KÖPKE (Witness): Gerhard Köpke.

THE PRESIDENT: Will you repeat the oath after me: I swear by God—the

Almighty and Omniscient—that I will speak the pure truth—and will

withhold and add nothing.

[_The witness repeated the oath._]

THE PRESIDENT: You may sit down.

DR. VON LÜDINGHAUSEN: Dr. Köpke, how long have you known Herr Von

Neurath?

KÖPKE: I have known Herr Von Neurath for over 40 years. His career is

well known. Therefore I can limit myself to stating that we worked

together as vice consuls in London, as legation counsellors in the

Foreign Office and later, after Herr Von Neurath became Minister in

1932, until my resignation in 1935. In the meantime Von Neurath was in

Copenhagen, Rome, London, and for some time at his home, and finally in

Prague. We met only occasionally when I was in Berlin, and we kept up a

comparatively lively correspondence with each other as old friends. I

myself was employed in the Foreign Office during the entire period. From

1921 on I was director of the Legal Department, and from 1923 I was

director of the political, so-called Western Department, which I

directed until I left the service. I voluntarily tendered my resignation

at the end of 1935.

DR. VON LÜDINGHAUSEN: What do you know about the attitude, the

fundamental attitude of Herr Von Neurath on domestic and foreign policy,

but only on broad lines?

KÖPKE: In domestic politics, Herr Von Neurath stood close to the

conservative circles but he was never a member of the Conservative

Party. From this basic conservative attitude and also because of his

outstanding character traits of loyalty to duty and reliability, he had

the confidence of Reich President Von Hindenburg, and retained it

without interruption until the latter’s death. Herr Von Hindenburg

esteemed Von Neurath as a prudent, moderate, reliable diplomat. Men of

other party inclinations also had confidence in Von Neurath. I shall

mention only the deceased Reich President, Ebert, who recalled Neurath

to office during his term.

DR. VON LÜDINGHAUSEN: What do you know about Von Neurath’s appointment

as Reich Foreign Minister in the summer of 1932?

KÖPKE: The appointment of Herr Von Neurath as Reich Foreign Minister was

based on a personal wish of President Von Hindenburg. Neurath did not

become Foreign Minister within the Von Papen Cabinet, but became Foreign

Minister as the special confidant of President Von Hindenburg.

DR. VON LÜDINGHAUSEN: Then how did it happen that Von Neurath remained

Foreign Minister in the new Hitler Government also?

KÖPKE: Von Neurath did not participate so far as I know in the

negotiations with Hitler about the assumption of power. If I can rely

only on my memory, he was sick abed with a heart disease during the

decisive days, but he remained Foreign Minister, again at the special

wish of Von Hindenburg.

DR. VON LÜDINGHAUSEN: Can you tell us anything about the attitude, the

relationship of Neurath to Hitler?

KÖPKE: I should like to remark by way of introduction that I cannot

testify on this subject from my own immediate observation. I was never

present at conferences which Herr Von Neurath held with Hitler. I myself

never had any official conversation with Hitler whatsoever. But,

according to Neurath’s own description, and according to the information

which I received from other important personalities in the course of

time, I had the impression that, especially in the first years, Hitler

treated Herr Von Neurath carefully and politely. To what extent this was

out of respect for the Reich President, whose regard for Von Neurath

was, of course, known to Hitler, I cannot say. In any case, Neurath was

never actually in the confidence of Hitler and was not in the small

circle close to Hitler, the powerful men of the Party. After the death

of President Von Hindenburg, Von Neurath remained because he had

promised the Reich President to do so. During the following period also,

Neurath repeatedly attempted to exercise his moderating and calming

influence on the Party. However, I know that as disappointments and

differences of opinion multiplied, Herr Von Neurath tried many times to

separate from Hitler. In this connection I can recall two occasions on

which he offered his resignation, and one of these appeals he showed me.

It was in writing and must have been dated from the beginning of the

year 1936. For at that time I had already resigned and visited Herr Von

Neurath as a friend in a purely private capacity.

DR. VON LÜDINGHAUSEN: Now can you also give us a brief picture of

Neurath’s attitude toward the National Socialist Party?

KÖPKE: At first Herr Von Neurath adopted an attitude of reserve toward

the Party and in particular its leading men. To my knowledge he was

personally acquainted with hardly any of these men, since, indeed, he

had lived most of the time abroad. Neurath was convinced that by reason

of his years of experience as an old diplomat and supported by his

confidential position with the Reich President, and the latter’s

moderating influence, he would succeed in working in accordance with his

policy, which was directed toward compromise and understanding.

Before me, and I believe also before his other colleagues, Neurath

frequently referred to experiences of this sort which he had had with

Fascism in Rome. He occasionally said that such revolutionary elements

should just be allowed to develop and that these hotheads would come to

their senses if they were given time and opportunity to gather

experience themselves in responsible positions.

By the way, Neurath also shared the opinions of State Secretary Von

Bülow in this respect. He retained this State Secretary of Reich

Chancellor Brüning, and also protected him until his death against

repeated attempts of the Party to get rid of him.

Moreover, I should like to mention a small detail which was very

valuable to us in the office at the time. When State Secretary Von

Bülow, who was generally popular, died suddenly, Neurath managed to get

Hitler to attend the funeral at the Kaiser Wilhelm Memorial Church. The

old officials of the Foreign Office saw in that a gratifying and

reassuring sign for the strong position of our Minister in relation to

the Party. This event, which in itself is perhaps unimportant, happened

exactly 10 years ago today.

DR. VON LÜDINGHAUSEN: As head of the Political Department of the Foreign

Office, you were one of Neurath’s foremost co-workers, and can surely

tell us what was the dominant tendency of Neurath’s foreign policy.

KÖPKE: Neurath’s political attitude on the whole was, in accordance with

his whole character and his years of experience in politics, inclined

toward compromise, waiting, negotiation. Measures backed up by

ultimatums and attempts at solution by violence did not suit Von

Neurath’s temperament. Neurath was neither a gambler nor a fighter by

nature.

DR. VON LÜDINGHAUSEN: Now I come to individual important foreign

political events which occurred during the period in which you worked

under Herr Von Neurath and were head of the political section.

In October 1933 Germany left the Disarmament Conference and the League

of Nations. Now, I should like to ask you whether this step of

Germany’s, leaving the Conference and the League of Nations, was based

on any aggressive or belligerent tendencies for the moment or for the

future?

KÖPKE: No. As far as the picture of the events mentioned by defendant’s

counsel was clear to us, the experts, it was as follows: No one of us in

the Foreign Office thought of warlike plans or preparations for war. It

was only done to proclaim as impressively as possible that Germany would

no longer allow herself to be considered a nation without the same

rights and obligations as other peoples.

In the same way the militarization of the Rhineland was not based on any

aggressive intention, either for the moment or for the future.

DR. VON LÜDINGHAUSEN: In the next few years, in 1935, Germany’s military

sovereignty was reintroduced, and a year later, the demilitarized

Rhineland zone was remilitarized. I should like to read you one sentence

from the affidavit of the former minister and interpreter Paul Schmidt

of the Foreign Office. He says the following with regard to the events

in the spring of 1935:

“The conclusion of a pact of mutual assistance between France

and Russia on 2 May 1935 followed the proclamation of the

establishment of a German Air Force and the introduction of

general compulsory military service in March 1935.”

Will you please give us a brief review of the historical development of

these matters which led to the reintroduction of military sovereignty in

1935 and to the remilitarization of the Rhineland in March 1936?

KÖPKE: I believe...

THE PRESIDENT: Dr. Von Lüdinghausen, we have had the historical

development of these matters over and over again. Surely we do not want

it from this witness.

DR. VON LÜDINGHAUSEN: Only very briefly, only the dates, in proper

order, Mr. President; no explanations about it. I should only like to

emphasize strongly once more how the individual events are connected

with each other.

THE PRESIDENT: The Tribunal have the dates in their minds. We really

have had these dates in our minds for some months.

DR. VON LÜDINGHAUSEN: Very well. If the Court believes that it does not

need to be informed about it, I must, of course, dispense with it. Then

I come to a last...

THE PRESIDENT: Well, you can put any question you really want to put

about it, but you said, “Will you give us the historical developments

from the 2d of May 1935?” We have heard that over and over again.

DR. VON LÜDINGHAUSEN: Yes, Mr. President. I was interested only in the

following: From this affidavit of Herr Schmidt which I have just quoted,

one could directly follow...

THE PRESIDENT: Ask the question, whatever you want to ask about this

affidavit.

DR. VON LÜDINGHAUSEN: Then I shall formulate the question as follows:

[_Turning to the witness._] I have just read this sentence by Herr

Schmidt, and I have also told you what can be read from it; namely, that

the conclusion of the Franco-Russian Pact of 2 May 1935 was the result

of the restoration of military sovereignty. Is that true or what was the

case?

KÖPKE: That question is difficult to answer if one merely considers

these two events in chronological order. The conclusion of the

Franco-Russian Pact was on 2 May 1935; the restoration of military

sovereignty was already in March 1935.

However, the negotiations for this treaty of assistance go back much

farther, and I should like to recall the fact that the critical stage,

into which these negotiations had entered before the restoration of

military sovereignty, is shown very clearly in the report of the French

Military Committee’s reporter in which the latter speaks quite openly of

a close entente between the two nations. That was on 23 November 1934.

DR. VON LÜDINGHAUSEN: Now I come to another question and should like to

ask you whether you know the opinions and attitude of Von Neurath

concerning the Austrian question, at least during your time?

KÖPKE: I have known Herr Von Neurath’s attitude toward the Austrian

question for a much longer time than the period when we worked together

during his term as Minister, for as a southern German he was always

particularly interested in the problem and I recall many conversations

which I had with him even when I was still a vice consul. His attitude

and intentions had always been to make the relations between Germany and

Austria closer in the economic sphere, chiefly in the interests of

Austria, and politically to guarantee a similar policy by treaties, but

otherwise not to encroach on Austria’s independence; that is what we in

the Foreign Office had already learned several years before he became

Minister, from our experience with the customs union, which at that time

was actually intended only in an economic sense. The fact that this

attempt was quite generally considered as a political union gave pause

for thought and should have warned everyone who had resolved to touch

this hot iron again. Therefore, Neurath, during his period of office,

whenever he discussed the problem with me and worked on it, thought

along just these lines.

I should like to add here that the critical time on the Austrian

question was probably after I left office. Moreover, even Hitler

originally shared Neurath’s moderate conception, as was shown in his

conversation with Mussolini in Venice in the summer of 1934. Especially

interesting, however, are the remarks which Hitler made on the Anschluss

problem to Sir John Simon during the negotiations in Berlin in March

1935. At that time Hitler expressed himself to the English statesman

about that as follows:

If the people in London knew Austria as well as he did, they would

believe his assurance that he could not want to increase our economic

troubles by adding another field of economic difficulties. Germany did

not want to interfere in this country at all. He was perfectly aware

that any interference in Austrian affairs, even if it meant carrying out

the wish of the Austrian people themselves for an Anschluss, could not

be legalized. That was Hitler’s opinion at that time.

Neurath also rejected all interference in Austrian internal affairs and

strongly condemned the attempts which could be noticed in Party circles

to give direct support to the Austrian National Socialists. During my

time Neurath did everything he could to keep the Foreign Office out of

the internal political struggle in Austria.

DR. VON LÜDINGHAUSEN: Still one more question. Up to the time of your

resignation at the beginning of 1936, was there ever any talk in the

Foreign Office of attacking Czechoslovakia or not observing existent

treaties with Czechoslovakia?

KÖPKE: Never, neither the one nor the other. Our economic and political

relations with Czechoslovakia were, as long as I was in office, very

good. We had no occasion whatsoever to change them, not even the

slightest.

DR. VON LÜDINGHAUSEN: And now my last question. Can you tell us anything

about Herr Von Neurath’s attitude toward the race question?

KÖPKE: On this question Neurath was completely opposed to the Party

attitude. In this connection I should like to recall an experience which

Neurath told me personally.

When the Jewish legislation was about to be proclaimed the Reich

Minister of Justice Gürtner came to him in great excitement and told Von

Neurath that he, Gürtner, had warned Hitler in vain against proclaiming

these quite impossible laws. He strongly urged Herr Von Neurath as

Foreign Minister to point out the enormous dangers which this madness

could set loose abroad. Neurath told me that he did this immediately,

but that all his efforts had been in vain.

Neurath’s personal attitude on the Jewish problem was thoroughly

conciliatory and reasonable, in keeping with his generally kind

personality and his religious attitude. Among many examples I should

like to refer here to only one, which is the following:

During the time when we were in London together, the Jewish doctor at

the Embassy was also one of the closest friends of the Neurath family.

When he had to leave London during the World War and was homeless and

without employment, Neurath immediately took active steps to help his

old friend.

As Reich Foreign Minister also, Von Neurath always helped non-Aryan

colleagues, although that brought him often under attack from the Party

circles and was not always easy.

DR. VON LÜDINGHAUSEN: Mr. President, I have no further questions to put

to the witness.

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

ask any question?

[_There was no response._]

Do the Prosecution wish to ask any questions?

SIR DAVID MAXWELL-FYFE: My Lord, the Tribunal will, of course, not

consider that the Prosecution are accepting every statement of the

witness; but I do not think that it would be a useful appropriation of

time to cross-examine him. Therefore, I shall ask no questions.

THE PRESIDENT: One moment, Sir David. Sir David, would it be convenient

to you and to the members of the defendants’ counsel to discuss the

questions of supplementary applications for witnesses and documents at 2

o’clock?

SIR DAVID MAXWELL-FYFE: Certainly, My Lord, it would be very convenient

to me. I do not think there are many serious matters about which there

will be serious dispute.

THE PRESIDENT: No, I thought there were not. Very well, we will do that

then.

The witness can retire.

Dr. Von Lüdinghausen, call your next witness and then we can have him

sworn before the adjournment.

DR. VON LÜDINGHAUSEN: May I ask that Dr. Dieckhoff be allowed to follow

Dr. Köpke?

[_The witness Dieckhoff took the stand._]

THE PRESIDENT: Will you state your full name please?

HANS HEINRICH DIECKHOFF (Witness): Hans Heinrich Dieckhoff.

THE PRESIDENT: Will you repeat this oath after me: I swear by God—the

Almighty and Omniscient—that I will speak the pure truth—and will

withhold and add nothing.

[_The witness repeated the oath._]

THE PRESIDENT: Now the Tribunal will adjourn.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

SIR DAVID MAXWELL-FYFE: If Your Lordship please, My Lord, the first

application is on behalf of the Defendant Von Neurath with regard to M.

François-Poncet. That has been dealt with; that is covered.

Then, My Lord, the next is an application from Dr. Marx on behalf of the

Defendant Streicher to put in an affidavit by the publisher, Herr

Gassner of _Der Stürmer_. My Lord, the publisher is intended to deal

with the question of the rise and the circulation of Der Stürmer during

the years 1933 to 1935. The Prosecution have already submitted to the

Tribunal that they did not think that that was relevant when an

application was made to call Herr Gassner as a witness. The Prosecution

still take the same position. My Lord, it is for an affidavit, and we

leave to the Tribunal as to whether they would like the affidavit, but

the Prosecution fail to see the relevance of that evidence.

THE PRESIDENT: Would Dr. Marx like to say something about that now?

DR. HANNS MARX (Counsel for Defendant Streicher): Mr. President, I have

just discussed this matter with Defendant Streicher; and he tells me

that the witness, Herr Gassner, whom I have proposed to call and from

whom an affidavit had been proposed, would only be in a position to

speak about the publication figures of Der Stürmer from the year 1941

onwards. That, of course, is of no interest whatever to the defense. I

shall, therefore, forego the affidavit and rely on what the witness

Hiemer has said in that respect. Therefore, it will not be necessary at

all to procure the affidavit.

SIR DAVID MAXWELL-FYFE: My Lord, the next application is by Dr.

Kranzbühler on behalf of the Defendant Dönitz for further consideration

and admission of the affidavit of the former fleet judge, Jäckel, by

reason of the course of the cross-examination.

My Lord, I think the most convenient course would be if the Prosecution

do not object to the application at this time but reserve the right,

when Dr. Kranzbühler makes the use that he desires of the affidavit, to

consider whether we shall then object.

THE PRESIDENT: This is really evidence in rebuttal, is it?

SIR DAVID MAXWELL-FYFE: Yes, in rebuttal of the points raised in the

cross-examination. It is very difficult to decide whether one should

make a final objection until one knows what use Dr. Kranzbühler is going

to make of it. I suggest that we do not object at this stage.

THE PRESIDENT: Well, these applications and the Tribunal’s orders

granting the witnesses are always subject to that provision.

SIR DAVID MAXWELL-FYFE: If Your Lordship please, then the Prosecution

makes no further objection.

My Lord, then there are two applications on behalf of the Defendant Von

Neurath, a request for minutes from the interrogatory of the...

THE PRESIDENT: They have both been withdrawn, have they not?

SIR DAVID MAXWELL-FYFE: Oh, they have? I was not certain.

My Lord, then Dr. Thoma makes application on behalf of the Defendant

Rosenberg for three matters: The exchange of letters between Dr. Ley and

the defendant; the entry of Dr. Strauber 27 May 1944; and third, a note

of the Ministerialrat, Dr. Beil.

My Lord, the Prosecution feel that these documents are cumulative, and

they leave it to the Tribunal with that suggestion—that the case is

already well covered. I do not know if Dr. Thoma wishes to say anything

further.

DR. ALFRED THOMA (Counsel for Defendant Rosenberg): Gentlemen of the

Tribunal, I should like to refer to it quite briefly, as apparently

there is an error in the matter of Dr. Beil. It is a question here of

the interrogatory. I have sent to Beil an interrogatory which has not

yet been returned. Otherwise, there is nothing that I know about this

matter; but I have made an application which has not been mentioned yet.

I applied for some of Rosenberg’s writings, _Tradition und Gegenwart_,

new speeches and translations, to be included in the document book, for

these deal with questions which were discussed on the occasion of Gau

educational meetings and discussions and which also deal with such

questions as the peaceful living together of the nations of Europe,

religious tolerance, his advocacy of an ideal humanity, and similar

writings. I request that these articles be admitted. Apart from that, I

have no further applications to make; and for the rest I leave the

decision, of course, to the Tribunal.

THE PRESIDENT: If I understand what you said aright, Dr. Thoma, you were

not referring to any of the applications which are before us. The

applications which are before us are an exchange of letters between Dr.

Ley and the defendant in the autumn of 1944; another is an entry which

Dr. Strauber made; and the third is a note of Dr. Beil; you have not

referred to them, have you?

DR. THOMA: Yes, that is right. I have to confess that these applications

are completely new to me. These applications must have been made by

Rosenberg on his own initiative, because I cannot find any trace of

them. Or perhaps an error was made in the memorandum to the Tribunal. I

do not know the applications.

THE PRESIDENT: Well, Dr. Thoma, the copies of the applications are

before us, and they appear to be signed both by the Defendant Rosenberg

and by yourself.

DR. THOMA: In that case, this must have happened months ago. I cannot

remember; this is from 3 June.

THE PRESIDENT: At any rate, you do not want them?

DR. THOMA: Application Number 3 is settled.

I have re-read the applications just now, and I do remember them. I ask

you to make a decision favorable to the defendant.

SIR DAVID MAXWELL-FYFE: My Lord, the next applications are for a number

of documents on behalf of the Defendant Von Papen, and the Prosecution

have no objection to this.

THE PRESIDENT: Sir David, a good many of them—certainly Numbers 3, 5,

and 13—have either been admitted or rejected, I think.

SIR DAVID MAXWELL-FYFE: That is so, My Lord. I had a note opposite 13. I

really think they have been dealt with, My Lord; they are in the books,

and I do not think any further discussion is required.

THE PRESIDENT: Are they all in the book?

SIR DAVID MAXWELL-FYFE: I think so, My Lord. I do not know if—Dr.

Kubuschok says he agrees with me.

THE PRESIDENT: Very well.

SIR DAVID MAXWELL-FYFE: If Your Lordship please, the next is an

application on behalf of the Defendant Bormann, a request for a decree

of Hitler’s and a decree issued by Bormann in 1944. My Lord, the

Prosecution have no objection to these.

THE PRESIDENT: I do not quite understand the meaning of the last one.

Can you tell me what it means?

SIR DAVID MAXWELL-FYFE: My Lord, I took it myself that it was “to” the

SD, instead of “of” the SD—the appertaining of members of the head

office of the National Socialist Party of the SD. I am afraid that that

guess on my part does not meet with approval.

DR. FRIEDRICH BERGOLD (Counsel for Defendant Bormann): My Lord, this

concerns a decree from Bormann in which he prohibits members of the

Party Chancellery belonging to the SD. It is a decree of Bormann’s

applying to the Party Chancellery.

THE PRESIDENT: Thank you.

SIR DAVID MAXWELL-FYFE: My Lord, the remaining applications are on

behalf of the Defendant Göring, the admission of an affidavit by Baron

von Gersdorff, and a book by Joseph Chapski. My Lord, my Soviet

colleague has dealt with that by submission in writing, dated 20 June. I

did not propose to say anything further about that, My Lord. Colonel

Pokrovsky is here if Your Lordship would like to hear him further.

THE PRESIDENT: I thought we had already made an order with reference to

this.

SIR DAVID MAXWELL-FYFE: Your Lordship has.

THE PRESIDENT: We made the order on 9 June, apparently, that for the

Defendant Göring three witnesses could be produced either personally...

Perhaps we had better hear from Dr. Stahmer about this.

DR. OTTO STAHMER (Counsel for Defendant Göring): Mr. President, that is

the way I understood the decision of the Tribunal. I had applied for

five witnesses. The Tribunal ordered that I could produce only three out

of the five witnesses.

THE PRESIDENT: That is right.

DR. STAHMER: Then with reference to the affidavit nothing was said, as

far as I can remember, in that particular decision, so that I had

assumed that I would be free to ask for admission of affidavits insofar

as the Tribunal considers them necessary.

THE PRESIDENT: Dr. Stahmer, after the Tribunal had made that order about

limiting the number of witnesses to three, did you not receive a

communication, to which you have replied, I think, suggesting that

possibly you might be able to dispense with actual oral witnesses and do

that whole part of the case by affidavits?

DR. STAHMER: Yes, Mr. President, I received that communication; and I

have already negotiated about the matter with the Russian Prosecution.

We did not quite reach an agreement, however; and therefore I made a

written application to the Tribunal a few days ago.

THE PRESIDENT: Yes, but was not the agreement which you were trying to

arrive at an agreement that only three affidavits should be produced on

either side? Or was it more than three?

DR. STAHMER: No. The question which remains and which we have not agreed

upon is whether I will be given the opportunity to read a few of the

affidavits here.

THE PRESIDENT: I see. Dr. Stahmer, I think the position is, then, that

unless you are able to arrive at an agreement with the Soviet

Prosecution, we shall have to abide by our previous order.

DR. STAHMER: Very well.

THE PRESIDENT: You will make further efforts to achieve an agreement

with the Soviet Prosecution and let the Tribunal know.

DR. STAHMER: I will.

SIR DAVID MAXWELL-FYFE: I wonder if your Lordship will grant me the

indulgence of mentioning three exhibits. They all refer to the diary of

Admiral Assmann, My Lord, which was introduced during the cases of the

Defendants Dönitz and Raeder. There are three exhibits concerned.

The first is Document D-879. We thought that would be more complete if a

connecting page was put in to make the continuity of the exhibit. For

that purpose, My Lord, the Prosecution asks that Exhibit GB-482 be

withdrawn and that there be submitted the two pages which were

originally in it with a connecting page. That is merely adding a

connecting page, My Lord.

The second is Document D-881...

THE PRESIDENT: Is there any objection to that on the part of the

Defense?

SIR DAVID MAXWELL-FYFE: I do not think so, My Lord; I have not heard of

any.

THE PRESIDENT: What do the documents relate to, did you say?

SIR DAVID MAXWELL-FYFE: The diary of Admiral Assmann, who was on the

staff of the Defendant Raeder.

THE PRESIDENT: Oh, yes.

SIR DAVID MAXWELL-FYFE: My Lord, it is only a question of putting the

exhibit in proper form.

The second document, My Lord, is D-881, which is another passage from

the same diary, on 23 February 1940. I promised Your Lordship that I

should put in an exhibit when I dealt with the diary in

cross-examination; and, My Lord, the exhibit has been prepared, and I

want to put it in under the Number GB-475. That is, Document D-881 will

become Exhibit GB-475.

The third, which is in the same position as the second, is Document

D-892. That exhibit has now been prepared and will become Exhibit

GB-476. Copies are available for the defendants and will be given to

them after the approval of the Court is given.

THE PRESIDENT: And copies, of course, will be supplied to the Court as

well?

SIR DAVID MAXWELL-FYFE: Of course, My Lord. They are just awaiting the

formal approval of the Court, and they will be submitted.

THE PRESIDENT: Yes, Sir David, that is all right.

Then, Sir David, we will consider the other matter.

SIR DAVID MAXWELL-FYFE: If Your Lordship please.

THE PRESIDENT; Very well.

Yes, Dr. Thoma.

DR. THOMA: Mr. President, I just wanted to use this opportunity to

submit to the Tribunal the affidavit of Robert Scholz, the Chief of

Special Staff Rosenberg. It has been translated into English and French,

and I should now like to submit it under Exhibit Number 41 to the

Tribunal. I have already shown it to Mr. Dodd, and he has not objected.

THE PRESIDENT: Very well.

PROFESSOR DR. HERBERT KRAUS (Counsel for Defendant Schacht): Mr.

President, I wanted to ascertain whether and up to what date after this

session we may submit affidavits and documents. The reason is that

during recent days I have received two affidavits and a document, the

relevance of which we have not yet definitely decided upon.

THE PRESIDENT: Sir David, the Tribunal would like to know when the

Counsel for the Prosecution and Counsel for the Defense think would be

the best time to deal with these matters which are outstanding and with

any evidence which either the Defense or the Prosecution may wish to

bring in rebuttal.

SIR DAVID MAXWELL-FYFE: Yes, My Lord, I have not had the chance of

discussing it with any of the Counsel for the Defense; but I should have

thought at the end of the evidence. One might reasonably hope that the

evidence will finish this week. It might be possible to deal with it on

Saturday morning or on Monday, and suit the Counsel for the Defense,

and, of course, as the Tribunal decides.

THE PRESIDENT: Yes. The Tribunal, I think, will expect the Defense

Counsel and the Prosecution to be ready, directly when the end of the

evidence comes, to deal with all these additional questions which are

outstanding and also with any applications that they may have with

reference to rebuttal.

SIR DAVID MAXWELL-FYFE: If Your Lordship please, yes.

THE PRESIDENT: I wanted that to be clearly understood, that it will be

expected that it is to be done immediately the evidence closes. That, I

think, answers Dr. Kraus’ point about the affidavits and documents. That

would be the most appropriate time.

Sir David, have you got any ideas as to how long that would take?

SIR DAVID MAXWELL-FYFE: My Lord, I think a very short time. I should

have thought that 2 days or thereabouts would see it through. I have

discussed it with Mr. Dodd, and that was the view we took.

THE PRESIDENT: Yes. In about 2 days at the outside?

SIR DAVID MAXWELL-FYFE: At the outside, My Lord, yes.

THE PRESIDENT: Very well.

SIR DAVID MAXWELL-FYFE: If Your Lordship please.

[_The witness Dieckhoff resumed the stand._]

DR. VON LÜDINGHAUSEN: Witness, since what date do you know Herr Von

Neurath?

DIECKHOFF: Since 1913; I met him when I joined the Foreign Office. He

was legation counsellor in the Foreign Office at that time. I then met

him again in Constantinople, and there I had contact with him. Then I

did not meet him again until 1930.

DR. VON LÜDINGHAUSEN: In what capacity did you have dealings with Herr

Von Neurath beginning with 1930?

DIECKHOFF: Herr Von Neurath was then, from 1930 till 1932, Ambassador to

London; and I was head of the Department “England-America” in the

Foreign Office.

DR. VON LÜDINGHAUSEN: How was the co-operation during that time between

the Foreign Office—that is, yourself—and Herr Von Neurath, who was

then Ambassador to London?

DIECKHOFF: The co-operation was excellent.

DR. VON LÜDINGHAUSEN: Do you know anything about Herr Von Neurath’s

appointment to the position of Reich Foreign Minister?

DIECKHOFF: I remember that most of the leading officials of the Foreign

Office were greatly upset by the sudden departure of Brüning, whose

steady and moderate policy we approved at the time. We submitted to the

change in the person of the Foreign Minister only because Neurath

replaced Brüning and we knew that Herr Von Neurath was a man of high

standards and an experienced diplomat. Furthermore, we knew that he had

represented Brüning’s policy in London; and we expected that as Foreign

Minister he would continue Brüning’s policy.

I welcomed Herr Von Neurath, I think it was on 2 June, at the station in

Berlin when he arrived in Germany. From conversations with him I

gathered the impression that he very much disliked to leave London and

to take over the Foreign Ministry. But he said to me, “I do not think I

shall be able to refuse the wish of the old gentleman.” That, of course,

was Reich President Von Hindenburg.

DR. VON LÜDINGHAUSEN: What position did you hold yourself during the

time when you worked under Herr Von Neurath in the Foreign Ministry?

DIECKHOFF: At first, I remained at the head of the England-America

Department until 1936. Afterward, in April 1936, I took over the

re-established political department. In June State Secretary Von Bülow

died, and in August 1936 I was appointed acting State Secretary in the

Foreign Office. I remained in that provisional position until March

1937, and then I became Ambassador to Washington.

DR. VON LÜDINGHAUSEN: Did Herr Von Neurath, as Foreign Minister, retain

the old officials of the Foreign Office?

DIECKHOFF: He retained the old officials in practically all the leading

positions of both the domestic and the foreign service. The State

Secretary Von Bülow for instance remained for 4 years, until his death,

in the same position in the Foreign Office.

He sent Ambassador Von Hoesch to London as his successor, and he sent

Ambassador Von Hassell to Rome, and Ambassador Köster to Paris—all of

these were old diplomatic officials.

DR. VON LÜDINGHAUSEN: Can you tell us from your own experience during

your activities what the aims of Neurath’s foreign policy were?

DIECKHOFF: It was the aim of Herr Von Neurath to maintain good relations

with all states and thereby to re-establish gradually Germany’s status

of equal rights which we had lost in 1919. This was the same policy that

had been pursued by Stresemann and Brüning. Herr Von Neurath was aware

of the difficulties of Germany’s position. He talked to me about it

repeatedly. He was under no misapprehension about it. He saw things

realistically. His tendency was to exercise moderation.

DR. VON LÜDINGHAUSEN: What do you know about Herr Von Neurath’s entry

into Hitler’s Government, which was formed on 30 January 1933?

DIECKHOFF: I know about this only what I was told by State Secretary Von

Bülow when I returned to Berlin from leave at the beginning of February

1933. According to this, Herr Von Neurath had no part in the formation

of the new Cabinet, that is, Hitler’s Cabinet. Apart from that, he was

sick during that time. He heard of the plan of making Hitler Reich

Chancellor and of forming a new government. He wanted to discuss it with

Reich President Von Hindenburg in order to obtain certain reservations

for himself; but he came too late and could not obtain these

reservations. In spite of this, he retained the Foreign Ministry in the

new Cabinet because he did not want to refuse the wish of the Reich

President.

DR. VON LÜDINGHAUSEN: Do you know anything about Herr Von Neurath’s

attitude toward the National Socialist domestic policy?

DIECKHOFF: I know that Herr Von Neurath, soon after 30 January 1933

viewed the domestic policy with some anxiety, chiefly because he felt

that it strongly affected our foreign policy. When, in June 1933, I

visited him in London, where he attended a conference as head of the

German delegation, he told me about his anxieties; but he thought that

these things would die down and that developments would be similar to

those in Fascist Italy, where things had been very wild in the

beginning, but had settled down afterward. He was hoping that the same

would happen in Germany.

DR. VON LÜDINGHAUSEN: I am coming now to the year 1936. One of the

principal questions which dominated that year was the Austrian problem.

Can you tell us what Herr Von Neurath’s attitude was toward the repeated

interferences of German circles in the internal affairs of Austria?

DIECKHOFF: Yes. Herr Von Neurath considered such German interference in

the internal affairs of Austria not only inadmissible but damaging. He

told me so repeatedly. He was striving for an improvement of the

economic relations with Austria and thereby trying to improve gradually

the political relations also. He wanted to leave the sovereignty of

Austria untouched. This was also the aim of the agreement of 11 July

1936 between Germany and Austria, that is, the economic strengthening of

Austria and thereby the re-establishment of good political relations

between the two countries.

DR. VON LÜDINGHAUSEN: Did you hear anything before March of 1938 that

Hitler had the intention to incorporate Austria into Germany, if

necessary, with force?

DIECKHOFF: No.

DR. VON LÜDINGHAUSEN: Did you ever hear anything before 1938 that Hitler

had intended to solve the Sudeten problem by force or even to attack

Czechoslovakia?

DIECKHOFF: No.

DR. VON LÜDINGHAUSEN: Do you know whether Hitler was in full agreement

until November 1937 with the peaceful policy which Herr Von Neurath

pursued with regard to both Austria and Czechoslovakia and also with

regard to the other European countries?

DIECKHOFF: Until Herr Von Neurath’s resignation in February 1938, I

always presumed that Hitler agreed with the peaceful policy pursued by

Herr Von Neurath; and I never heard or learned anything to the contrary.

DR. VON LÜDINGHAUSEN: Do you know what the thoughts, the considerations

of Herr Von Neurath in 1935 were regarding the question of rearmament,

that is to say, the re-establishment of Germany’s military sovereignty?

DIECKHOFF: I know that Herr Von Neurath held the view that Germany, by

the declaration of the Western Powers on 11 December 1932, had been

granted equality of rights; and he considered her to have the

indisputable right to rearm after all disarmament efforts had failed.

DR. VON LÜDINGHAUSEN: I should like to put the same question to you,

with regard to the considerations and attitude of Herr Von Neurath, with

reference to the remilitarization of the demilitarized Rhineland.

DIECKHOFF: I know that Herr Von Neurath was aware of the seriousness of

this problem, for he knew that the problem of the remilitarization of

the Rhineland was interconnected with the Locarno Pact; but I know that

he saw a breach of the Locarno Pact in the Franco-Russian Agreement of

Mutual Assistance concluded in May 1935 and that as a result of the

ratification of this pact, or its going into effect, he firmly believed

that Germany had the right to re-establish military sovereignty in the

Rhineland.

DR. VON LÜDINGHAUSEN: What was the general political situation in those

days? Taking it into consideration, was it not justified to assume that

sooner or later a peaceful solution of this Rhineland problem would be

arrived at in any case?

DIECKHOFF: At any rate, the actual development after 7 March 1936 showed

that the Western Powers, though they did not agree to the

remilitarization of the Rhineland, nevertheless very quickly acquiesced

in the _fait accompli_.

I was at that time, during the second half of March 1936, for 2 weeks in

London on behalf of the Reich Government; and I had the opportunity to

discuss this matter with many Englishmen; and the view I found in the

widest circles was that as Germany had been granted equality of rights

one could not deny her the right to remilitarize the Rhineland. In some

circles I even found the view that it was a relief that the

remilitarization of the Rhineland, which was due sooner or later in any

case, was carried out so quickly and comparatively painlessly.

DR. VON LÜDINGHAUSEN: And now one last question. What do you know about

Herr Von Neurath’s resignation from the position of Reich Foreign

Minister in February 1938?

DIECKHOFF: I was Ambassador to Washington at that time and I was

completely surprised by Foreign Minister Von Neurath’s sudden departure.

I did know that there were many things he did not agree with and that he

had asked several times to be allowed to resign. I also knew that he was

ill; he suffered from a neurotic heart. I also knew that he had passed

his sixty-fifth birthday, which gave him the right to retire. But I was

surprised all the same, particularly as I did not know the details at

that time. I regretted the resignation of the Foreign Minister, in whose

peace policy I had confidence, very much. I remember that the official

circles in Washington also regretted the departure of Herr Von Neurath

very much, for Under Secretary of State Sumner Welles approached me a

few days after this event and told me that the American Government

regretted the departure of this man who had pursued a moderate policy.

DR. VON LÜDINGHAUSEN: Mr. President, I have no further questions to this

witness.

THE PRESIDENT: Do any other members of the defendants’ counsel wish to

ask him any questions?

DR. KUBUSCHOK: One single question, Witness. You said that if Von

Neurath assumed the office of Foreign Minister, you had expected that he

would continue Stresemann’s and Brüning’s policy. According to your

knowledge did he actually continue this policy of Brüning’s after he

became Foreign Minister?

DIECKHOFF: Yes.

DR. KUBUSCHOK: Thank you.

SIR DAVID MAXWELL-FYFE: My Lord, on the same basis I intimated with

regard to the last witness, the Prosecution do not desire to take up

time by asking any questions.

THE PRESIDENT: Then the witness may retire.

DR. VON LÜDINGHAUSEN: Mr. President, may I then have your permission to

call my third and last witness, Dr. Völkers, into the witness stand.

[_The witness Völkers took the stand._]

THE PRESIDENT: Will you state your full name, please?

HANS HERMANN VÖLKERS (Witness): Hans Hermann Völkers.

THE PRESIDENT: Will you repeat this oath after me: I swear by God—the

Almighty and Omniscient—that I will speak the pure truth—and will

withhold and add nothing.

[_The witness repeated the oath._]

THE PRESIDENT: You may sit down.

DR. VON LÜDINGHAUSEN: Witness, you were twice the personal adviser to

Herr Von Neurath; first in his position as Foreign Minister and later in

his position as Reich Protector of Bohemia and Moravia; is that correct?

VÖLKERS: Yes; since 1920 I was a member of the Foreign Office, and I

spent all my time abroad. Under Stresemann I spent 4 years in Geneva as

Consul General and as the permanent German representative to the League

of Nations; and in 1932 I was called to the Foreign Office and became

personal adviser to the newly, appointed Foreign Minister, Herr Von

Neurath. I remained in that position for a year; and then, upon my own

request, I was sent to Madrid as Embassy Counsellor, and later I became

Minister to Havana. In 1939 I was called back to the Foreign Office to

act as personal adviser with the title of chief of the office of Herr

Von Neurath, who in the meantime had been appointed Reich Protector in

Prague.

DR. VON LÜDINGHAUSEN: Did this appointment as personal adviser to Herr

Von Neurath in Prague take place on the basis of any personal relations

or merely for professional reasons?

VÖLKERS: Only for professional reasons. Until I was his attaché in

Berlin I did not know Herr Von Neurath.

DR. VON LÜDINGHAUSEN: What was the attitude of the officials of the

Foreign Ministry toward Herr Von Neurath’s appointment as Foreign

Minister?

VÖLKERS: I had the impression that the officials of the Foreign Office

were generally most satisfied that in view of the difficult internal

political situation an old professional diplomat and expert minister

took over the direction of the Foreign Ministry, because they saw in

that a guarantee for a steady foreign political course; all the more so

as it was known that Herr Von Neurath had the special confidence of

Reich President Von Hindenburg and because he enjoyed, due to his entire

personality and his equanimity, the special recognition and veneration

of all the officials of the Foreign Office.

When Hitler came to power I had the impression that he was skeptical and

reserved toward him. He did not belong to the circle of the closer

associates of Hitler, and during the time I was with him he never

attended these evening conferences which Hitler held in the Reich

Chancellery in those days.

Gradually, however, the pressure on the Foreign Office increased more

and more. The Auslands-Organisation was created and the office of

Ribbentrop started a competitive enterprise into which were called all

sorts of people who had been abroad. They made all sorts of reports

which went directly to the Führer without being controlled by the

Foreign Office. And then later on the head of the Auslands-Organisation

was installed as commissioner in the Foreign Office while Prince Waldeck

was transferred into the personnel department of the Foreign Office. At

that stage the pressure became so strong that finally one could not

fight against it any more.

But the fact that the Foreign Office had isolated itself for so long and

that it was still evading the pressure of the Party, that, I think, is

certainly the merit of the then Foreign Minister and his State Secretary

Von Bülow. When the Jewish laws were then introduced into the Foreign

Office, too, I know that Herr Von Neurath protected, as far as that was

possible, his officials. I was in Stockholm during the last 2 years of

the war and met there two former colleagues of mine with whom I am close

friends. One is Ministerial Director Richard Meier who used to be in

charge of the Eastern department and who had to leave quite soon and who

often told me in Stockholm how grateful he was to Herr Von Neurath for

not only having enabled him to take with him his family and his

furniture and everything when he went abroad but also that Herr Von

Neurath, until the collapse, continued to pay him his monthly pensions

in Swedish kroner.

DR. VON LÜDINGHAUSEN: What was your position and your activity in Prague

in the Government of the Protectorate?

VÖLKERS: My position in Prague with the Government of the Protectorate

was approximately the same as the one I had 7 years earlier when I had

been personal adviser to the Foreign Minister in the Foreign Office in

Berlin, with the exception that in the Foreign Office there is a special

protocol department and a chief of protocol, whereas in Prague I was

also in charge of all protocols and ceremonial affairs, and that was

really my chief occupation. I was head of the so-called Office of the

Reich Protector, not to be confused with the principal authority, with

which I had nothing to do. When I came to Prague in the summer of 1939

the office already had been functioning for several months. My

predecessor was one Legation Counsellor Von Kessel from the Foreign

Office. Apart from myself two other officials from the Foreign Office,

who were subordinated to me, belonged to the Office of the Reich

Protector, also one Count Waldburg, whose mother was a Czech and who was

engaged by the Reich Protector because he was hoping to establish,

especially through him, good relations with the Czechs.

The office was responsible, apart from the general and usual routine

matters, for dealing with the private correspondence and the handling of

personal petitions. In the course of time we had to set up a special

department, because later on, when the many arrests took place, we

received so many petitions, most of which were addressed to the Reich

Protector personally...

THE PRESIDENT: Dr. Von Lüdinghausen, surely this is very remote from

anything we have got to consider, and all the previous evidence this

witness has given has been cumulative evidence which has not been

cross-examined upon before; and now what he is saying is all very remote

to anything we have to consider.

DR. VON LÜDINGHAUSEN: In fact, I have already come to an end, Mr.

President. I merely wanted to show that he is in a position to answer

the following questions from his own knowledge.

[_Turning to the witness._] What can you tell us from your own

observations and experiences about the attitude of Herr Von Neurath

toward the Czechs?

VÖLKERS: I can give you only general impressions. As I have already told

you, I had nothing to do with the actual activities of the office but

was attached to Herr Von Neurath personally only for his private affairs

and all ceremonial matters. But I do know, and he told me, that when he

took over his position as Reich Protector, he did so with the intention

of treating the Czech population as justly and decently as possible in

order to create, by smoothing out the differences, a healthy basis for a

peaceful living, side by side, of the two nations. He told me frequently

that he was appointed Reich Protector, that is, protector of the Czechs;

and we knew that the last German Ambassador in Prague, Dr. Eisenlohr,

had often reported that the last Czechoslovakian Government, for their

part, had been prepared to effect an Anschluss with Germany. He was an

opponent of using military measures, and Herr Von Neurath told me when I

came to Prague—I think it was in September 1938—that he had expressed

himself very strongly against their use and that he together with Göring

had visited Hitler in Munich in order to dissuade him from that.

In my office I experienced again and again that Herr Von Neurath—shall

I go on—was very open-handed toward the Czechs with regard to

petitions. He had a lot of sympathy and understanding; he examined each

individual case, and that was very well known among the Czechs. And as

we in this office had the possibility of submitting each single request

and petition of Czech individuals directly to the highest chief, the

Czech petitioners very frequently and gladly used this channel because

the prospects for a positive action on their private requests and

petitions through the highest local chief promised to be much more

favorable than if they were quickly processed by the authorities

concerned in the Government. Particularly this practice brought us in

conflict with the State Secretary...

THE PRESIDENT: Dr. Von Lüdinghausen, this witness is simply making

speeches, you know. You are not asking him any questions at all. He is

simply going on...

DR. VON LÜDINGHAUSEN: Witness, what do you know about the personal and

official relationship between Von Neurath and the President of State

Hacha?

VÖLKERS: According to my observations, the personal and official

relationship between the Reich Protector and the President of State

Hacha was excellent; and I believe that this was not merely a matter of

form, but I had the impression that Herr Von Neurath really and

sincerely liked the President of State because he considered him a very

decent and upright man who, under the existing circumstances...

THE PRESIDENT: Witness, when you see your counsel has heard enough of

your answer, surely you can stop...

VÖLKERS: Very well.

DR. VON LÜDINGHAUSEN: What was the relationship between Herr Von Neurath

and the State Secretary attached to him, Frank?

VÖLKERS: That was a very bad one. Herr Von Neurath told me already at

the time when I assumed my office that he had had considerable

difficulties with him because of his definite anti-Czech attitude, as a

Sudeten German—an attitude which a Reich German could not easily

understand. He had always hoped, however, that Frank, who was not a

civil servant but an outsider, would gradually follow his policy and

adapt himself to the civil service staff. But unfortunately this was not

possible. I do not know when...

DR. VON LÜDINGHAUSEN: Witness, can you describe to us briefly what the

actual official powers of Herr Von Neurath and Frank were in relation to

each other?

VÖLKERS: Herr Von Neurath was the superior of the State Secretary. The

State Secretary was in charge of the entire internal administration,

which was a very large one. Under State Secretary Von Burgsdorff, who I

think has been examined already before this High Tribunal, worked under

him. Besides being State Secretary, Frank was also the Higher Police and

SS Leader.

DR. VON LÜDINGHAUSEN: Now, did Herr Von Neurath have a certain influence

on this part of Frank’s activities, that is to say, in his capacity as

Higher SS and Police Leader?

VÖLKERS: The way conditions were he had practically no influence. I do

not know whether in the beginning the matter had already been legally

settled. In practice, however, the Police and the State Secretary were

completely independent from Herr Von Neurath regarding police measures.

This had some connection with the situation in the Reich, where Himmler,

too, led the entire Police and SS, having taken the police powers away

from the Ministry of the Interior. As far as I can remember, the matter

was legally settled in the autumn of 1939 to the effect that the Police

was independent and that Herr Von Neurath was to be informed afterward

of all measures taken.

DR. VON LÜDINGHAUSEN: You mean by that the decree regarding the

organization of the administration and the German Security Police in the

Protectorate, under date of 1 September 1939?

VÖLKERS: Yes, I think that is the one. The first part referred to the

administration and the second part to the Police.

DR. VON LÜDINGHAUSEN: Mr. President, may I remind you that the wording

of this decree is contained in my document book under Number

Neurath-149.

THE PRESIDENT: It has been submitted as evidence?

DR. VON LÜDINGHAUSEN: Yes. I merely wanted to remind you that I have

presented it.

[_Turning to the witness._] Was Herr Von Neurath at least informed

afterward, in accordance with the instructions, of the police actions

which Frank carried out independently?

VÖLKERS: The Chief of the Police was an SS man by the name of Böhme. He

used to report to the Reich Protector several times each week. I do not

believe that he informed him in advance of intended police actions. We

never heard anything like that. Whether he reported such actions

afterward and in their entirety is something which I cannot say. The

rule was that the Reich Protector sent to him, for comment, the various

petitions from the next of kin of Czechs who had been arrested and that

Böhme would bring them along when he came to report. That was generally

the way the Reich Protector was afterward informed.

DR. VON LÜDINGHAUSEN: Well then, when Herr Von Neurath was later on

informed of such police measures, no matter in which way, did he make

attempts for the suspension of arrests or for any limitation and

mitigation of such police measures?

VÖLKERS: As I have already told you, we had set up in the small office

of the Reich Protector a special department for the purpose of receiving

such applications. This department, which of course was directly under

the jurisdiction of the Reich Protector, did everything possible in

order to reassure the next of kin and to bring about the releases of the

detained persons. The work was particularly difficult because these

local departments, the local police chief and also State Secretary

Frank, usually took a negative attitude. Again and again the Reich

Protector would then appeal directly to Himmler and very often to the

Führer himself. I know and remember that there was a very excited

correspondence with Himmler and that Herr Von Neurath repeatedly

complained to the Führer about this.

DR. VON LÜDINGHAUSEN: Witness, can you judge, or can you tell us how far

Herr Von Neurath, as Reich Protector, apart from the Police and police

measures, was free and independent in his political and economic

measures and orders, or how far he was depending on Berlin when giving

those?

VÖLKERS: When I came to Prague there were all sorts of other offices

beside that of the Reich Protector. For instance, there was a Reich

Commissioner for Economy who, as far as I can remember and as I heard at

the time, had already begun to exercise his functions when the Office of

the Reich Protector had not yet been established. Then there was a

Plenipotentiary for the Four Year Plan and there was the Armed Forces

Plenipotentiary who had a large staff. Even the Party agencies were not

centrally organized. Prague and the north belonged to the Sudetengau

under Gauleiter Henlein; the whole of Moravia belonged to the

Niederdonau Gau, under Gauleiter Dr. Jury; and the west belonged to a

third Gau. All these Gauleiter tried, in turn, on their part...

THE PRESIDENT: Counsel, this is all detail, is it not, and quite

unnecessary detail?

DR. VON LÜDINGHAUSEN: Do you know anything about Von Neurath’s attitude

toward numerous plans of germanizing the Czechs?

VÖLKERS: No, I know nothing about that. I remember only that, right at

the beginning of the war, Herr Von Neurath told me that the whole

structure of the Protectorate was regarded by him as a temporary

solution and that the peace would have to decide the ultimate fate of

Czechoslovakia.

DR. VON LÜDINGHAUSEN: Well, then, as you probably remember, in the

autumn of 1939 there were the first demonstrations in Prague on the

occasion of the Independence Day of Czechoslovakia, on 28 October 1939.

VÖLKERS: Well, I cannot remember the details. There were demonstrations

on a Czech national holiday in October. As far as I can remember, they

took place on the Wenzel Platz, and the Národni-ulice. I, personally,

did...

DR. VON LÜDINGHAUSEN: What do you know about the consequences of new

demonstrations particularly on the part of the students at Prague when a

wounded student died and was buried on 15 November? What do you know

about these demonstrations and what happened immediately in the wake of

these demonstrations?

VÖLKERS: Previous to the second demonstration, as far as I remember, the

instruction was given to exercise restraint. The demonstrations were

generally, as I was told later, not particularly alarming. In spite of

this, Frank had reported to Berlin about it. At any rate, the Reich

Protector and Frank and General Friderici were called to Berlin for a

conference with Hitler in the Reich Chancellery. I accompanied the Reich

Protector at the time. Chvalkovsky, the Czech Minister in Berlin, was

also invited. I was present when Hitler, in a very excited and rude

manner, reproached the Minister because of the events, for which he was

holding the Czech Government responsible. Whether the closing of

universities was discussed on that occasion, I cannot remember, nor can

I remember having heard him threaten the shooting or arrest of students.

The manner in which Hitler treated the Minister was most embarrassing to

us. The Minister then left the room without saying a single further

word. As far as I can remember, the subject was then mentioned no

further. We had lunch, and when saying goodby, Hitler said to Frank that

he wanted to talk with him some more.

Herr Von Neurath was not asked to stay and I remember that while walking

home with him he was very angry about it. On the following day, I

traveled back with Herr Von Neurath while Frank had already left the

same night for Prague. I remember that when I came into the office in

Prague, I saw a red poster declaring that because of the demonstrations,

the shooting of the leaders and the arrest of students and the closing

of universities had been ordered; that poster carried Neurath’s

signature. As I did not know what had happened in Prague in the

meantime, I was utterly surprised, because I had heard nothing about

these measures in Berlin; and I suspected an intrigue on Frank’s part

and went to report the matter to Neurath. I had the impression that Herr

Von Neurath was deeply upset and just as unpleasantly surprised as I was

and that he had known nothing at all about this previously. Soon

afterward Frank passed through my room going into Neurath’s room,

carrying that red poster under his arm. I do not know whether Von

Neurath had sent for him or whether he came on his own initiative.

DR. VON LÜDINGHAUSEN: Did Herr Von Neurath afterwards, at least after

this unfortunate matter had occurred, use his influence for the release

of these students who had been arrested?

VÖLKERS: Yes. He immediately used his influence, but he did not even

succeed in getting hold of the list of names of the arrested students.

Only after urging the Czechs for a long time did we receive from the

Czech Government an incomplete list of names. In spite of this, Herr Von

Neurath immediately worked for their release; and he did, in fact, have

excellent results in that connection as time went by.

DR. VON LÜDINGHAUSEN: Do you know anything about what was done to

accommodate or employ those students who, on account of these

demonstrations and the subsequent closing of the universities, had more

or less become idle?

VÖLKERS: No, I know nothing about that, and I had nothing to do with

that matter.

DR. VON LÜDINGHAUSEN: But do you know whether Herr Von Neurath

repeatedly urged Hitler to reopen the universities?

VÖLKERS: Yes, I remember that the chancellor, named Rosny, of the Czech

University, whom I knew well, had asked me once for that and I reported

it to Herr Von Neurath and Herr Von Neurath again made efforts at the

time; but as far as I know, as long as we were in Prague the

universities were not reopened.

DR. VON LÜDINGHAUSEN: Do you remember a Czech Fascist organization,

Vlayka? I do not know whether I pronounce the name correctly.

VÖLKERS: Yes, I do, but I know very little about it. I only know that we

received in the office a number of pledges of loyalty sent to us by

members of the movement, and I also know that we had been informed by

Czech sources that these people were partly criminal and generally not

worth much. Herr Von Neurath adopted quite generally the view that this

was an internal affair of the Czechs and that, after all, these were

people who wanted to work together with us. But he, on his part, refused

any collaboration; and such letters and pledges were never answered, I

believe, by our office. But I know...

DR. VON LÜDINGHAUSEN: Herr Von Neurath was also, besides being Reich

Protector, president of the Secret Cabinet Council. Did you, since you

partly handled his correspondence of a more personal nature, notice

anything indicating that Herr Von Neurath became active in this capacity

as president of the Secret Cabinet Council?

VÖLKERS: No. As long as I was in Prague, Herr Von Neurath was never

active. On the contrary, on one occasion he told me that Hitler, when he

appointed him, had told him that he should not think that he would ever

call a meeting of the Cabinet Council.

DR. VON LÜDINGHAUSEN: Herr Von Neurath was also a member of the

so-called Defense Council. Did he ever have anything to do in this

capacity in Prague?

VÖLKERS: No, I did not know that he was a member of the Defense Council.

The fundamental decrees from Berlin concerning the Protectorate were

frequently signed by the Ministerial Council for the Defense of the

Reich—I believe that was the name—but Neurath had never signed or

countersigned them.

DR. VON LÜDINGHAUSEN: Herr Von Neurath was appointed, as is well known,

an honorary Gruppenführer of the SS and later, honorary

Obergruppenführer of the SS. Did Herr Von Neurath at that time, when he

was in Prague, ever wear that uniform?

VÖLKERS: As a rule, he wore his Reich Minister uniform. A portrait was

also once made of him in that uniform. He used to wear civilian clothes

a great deal. It may be that he once wore the black uniform of the SS,

on the occasion of a parade of the SS; but I do not know for certain

now. Otherwise, he never wore it.

DR. VON LÜDINGHAUSEN: Do you know anything about the circumstances and

reasons concerning Herr Von Neurath’s departure from Prague in September

1941?

VÖLKERS: When Herr Von Neurath was ordered to come to headquarters that

September, he was accompanied by his military adjutant. I met him at the

airfield; and in the car he told me that Hitler had been furious because

of the acts of sabotage in the Protectorate and wanted to send Heydrich

to do some exemplary punishing. He, Neurath, had stated that he did not

want to have anything to do with that and had asked for his release.

Hitler then had ordered that he should first of all go on leave, and so

he did. He departed on one of the following days.

DR. VON LÜDINGHAUSEN: Mr. President, I have no further questions.

Mr. President, may I make one request at the end of my case. I have not

yet been able to submit all documents because I have not yet received

all the translations. May I reserve myself the right to submit the few

remaining documents, perhaps at the end of the case of my colleague, Dr.

Fritz?

THE PRESIDENT: You need not wait for the translation. You can offer the

documents in evidence now. Put in a list with the numbers.

DR. VON LÜDINGHAUSEN: Mr. President, I have not got them with me, I am

afraid. Perhaps, if I may, I could do so tomorrow or the day after when

Dr. Fritz is finished.

THE PRESIDENT: Yes, certainly.

Do any of the defendants’ counsel want to ask any questions?

[_There was no response._]

Does the Prosecution wish to cross-examine?

SIR DAVID MAXWELL-FYFE: My Lord, the Prosecution do not wish to

cross-examine, on the same basis.

My Lord, may I refer to one collection of documents that are in our

Document Book 12b, the collection of the anti-Jewish decrees in the

Protectorate. They are all from the _Verordnungsblatt_ for the

Protectorate, and the Prosecution ask the Tribunal to take judicial

notice of them as being an official publication. The collection is

merely for convenience and access of the Tribunal.

THE PRESIDENT: Then the witness can retire.

Then that closes your case for the present, Dr. Lüdinghausen. The

Tribunal will now adjourn.

[_A recess was taken._]

THE PRESIDENT: I call on counsel for the Defendant Fritzsche.

DR. HEINZ FRITZ (Counsel for Defendant Fritzsche): Mr. President, I

intend to present the case of the Defendant Fritzsche as follows:

First, I should like to call the Defendant Fritzsche to the witness

stand and then the witness Von Schirmeister. In the course of these two

examinations I intend to present to the Tribunal a few affidavits and to

refer to these and to the rest of the contents of my two document books.

In its decision of 8 March 1946 the Tribunal granted as witnesses for my

case: First, Herr Von Schirmeister, second Dr. Krieg; and as documents:

The text of all radio speeches of the Defendant Fritzsche from 1932 to

1945 and the archives of Deutscher Schnelldienst (fast official news

service) of the Propaganda Ministry. Of all the evidence, in spite of

the efforts of the General Secretary, unfortunately only the witness Von

Schirmeister could be brought here. Therefore, I had to rearrange my

case and ask for the indulgence of the Tribunal if I go into a somewhat

greater detail than originally intended in examining the Defendant

Fritzsche and the witness Von Schirmeister.

With the approval of the Tribunal I shall now call the Defendant

Fritzsche to the witness stand.

[_The Defendant Fritzsche took the stand._]

THE PRESIDENT: Will you state your full name, please?

HANS FRITZSCHE (Defendant): Hans Fritzsche.

THE PRESIDENT: Will you repeat this oath after me: I swear by God—the

Almighty and Omniscient—that I will speak the pure truth—and will

withhold and add nothing.

[_The defendant repeated the oath._]

THE PRESIDENT: You may sit down.

DR. FRITZ: Herr Fritzsche, will you please describe briefly your career

up to the year 1933?

FRITZSCHE: As to that, may I refer to my affidavit, Document 3469-PS,

Points 1 and 3 to 8? In addition I can limit myself now to a broad

outline.

DR. FRITZ: Mr. President, I should like to remark at the beginning of

the examination that my document books, of which I have two, have not

yet been completely translated. This affidavit, which the defendant has

just mentioned, is also contained in the document book for the

Prosecution. I do not know whether the Tribunal now has this document

book.

THE PRESIDENT: Well, you can go on.

FRITZSCHE: I was born on 21 April 1900. My father was a civil servant. I

attended the gymnasium to study classics. Then I was a soldier in the

first World War, returned to school, and afterward, studied philosophy,

history, and national economics at various universities.

After the first World War my life and my work were determined by the

distress of my people. We called this distress “Versailles.” Enough has

been said here as to the Versailles Treaty. I need add nothing to what

has already been said.

DR. FRITZ: You were striving then in your journalistic work before 1933

for a change of the Versailles Treaty?

FRITZSCHE: Yes, of course.

DR. FRITZ: Did you seek this change through war?

FRITZSCHE: No, I sought it through the means of law, of politics, and

economic common sense, which were at that time all on the German side.

Along with this, certain restoration of the power of the German Reich

would have been desirable because I saw in the weakness of the Reich a

potential danger of war. But to change the Treaty of Versailles by means

of war did not seem to me to be possible, expedient, nor desirable. The

same sentiment prevailed later under the Hitler Government.

Adolf Hitler gave two assurances on just this point which, for me and

for millions of other Germans, were especially impressive. The first was

the assurance: “I myself was a simple soldier and therefore know what

war means.” The second was the statement: “In all the bloody wars of the

last thousand years not even the victors gained as much as they had

sacrificed in the war.” These two assurances sounded to German ears like

holy and binding oaths. Whatever in Hitler’s policy should have violated

these two assurances was a betrayal of the German people.

DR. FRITZ: When, how, and why did you come to the NSDAP?

FRITZSCHE: After my entry into the Propaganda Ministry I joined the

Party. I refer again to my affidavit, 3469-PS, to Points 9 to 13.

I did not join the NSDAP on account of the Party program, nor through

Hitler’s book _Mein Kampf_; nor did I join because of the personality of

Hitler, whose suggestive power, which has frequently been mentioned

here, escaped me entirely. I rejected the harsh radicalism of the

methods of the Party. This harsh radicalism was contrary to the habits

of my whole life and my personal principles. Due to this coarse practice

I even came into a conflict with the Party in 1932.

I joined the Party when it had, without doubt, won over the majority of

the German people. This Party had overcome, at the time, the disunion of

the German people and brought it unity after Brüning’s great attempt at

recovery on a democratic basis had failed on account of the foreign

political opposition, not because of the resistance of the German

people. After the cabinets also had failed to find a footing among the

people, the appointment of Hitler, as Reich Chancellor, meant a return

to democratic principles. Much has been said here about these matters. I

ask for permission to cite one circumstance which, to my knowledge, has

not yet been mentioned here and which does have a certain significance.

When I joined the NSDAP I did not believe I was really joining a party

in the true sense of the word, for the NSDAP did not have a party theory

similar to those of the Marxist parties which had a developed and mature

theory; all theorists of the Party were disputed. The theoretical

writings of Gottfried Feder had been prohibited. The theorist Rosenberg

was disputed in the Party to the very end. The lack of a theory for the

Party was so great that even the printing of the bare Party program was

forbidden for the German papers. The German papers were even forbidden a

few years after 1933 to quote arbitrarily any part of Hitler’s _Mein

Kampf_.

At that time, then, I did not believe that I was joining a narrowly

defined party but I thought I was joining a movement, a movement which

united in itself contrasts such as those between Ley and Funk, between

Rosenberg and the Reich bishop; a movement which was variable in its

choice of methods; which at one time prohibited the labor of women and

at some other time solicited this same labor of women. I believed I was

joining such a movement because one group within the NSDAP saw in the

swastika flag nothing but a new combination, a new form for the colors

black, white, and red, while another group saw in this banner the red

flag with a swastika. It is a fact that there were whole groups of the

former German Nationalist Party in the NSDAP or of former Communists in

the NSDAP. Thus, I hoped to find in this wide-flung Movement a forum for

intellectual discussions which would no longer be carried on with the

murderous animosity which had previously ruled in Germany but which

could be carried on with a certain discipline dominated by nationalist

and socialist conceptions.

For this reason and by making constant compromises, I put aside my own

wishes, my own misgivings, my own political beliefs. In many

conversations I advised my friends to do the same when they complained

that they and their interests were not given proper consideration during

the time of the Nazification. I came to the conviction that millions of

Germans had joined the Party only for this reason and in this

expectation. They thought they were serving a good cause. Out of pure

idealism they were willing to sacrifice everything to this cause,

everything except their honor. Meanwhile, I had to realize that the

leader of this cause accepted the sacrifice of these idealists, that he

squandered it, and that, besides, he stained their honor with a

senseless and inhuman murder, unique in history—a murder which no war

necessity could have justified, for which one could not even find any

reason in any necessity of war.

DR. FRITZ: Now, the Prosecution accuses you of having—and I quote,

“...sworn the customary oath of unconditional loyalty to Hitler” in

1933. For whatever reason you did this, the fact that you took this oath

is true, is it not?

FRITZSCHE: Yes, I also swore, twice, an oath to the Weimar Constitution,

in 1933 and 1938. Let me add something. It was always and it still is my

conviction that no oath relieves a man of his general duties to

humanity. No one is made an irresponsible tool by an oath. My oath would

never have made me carry out an order if I had recognized it to be

criminal. Never in my life did I obey anyone blindly. For that reason, I

do not refer for any of my actions to my duty to obey.

DR. FRITZ: Did you keep the oath which you took?

FRITZSCHE: Yes. No actions were expected of me which I could have

considered criminal or a violation of written or unwritten laws.

Moreover, I kept the oath which I took, not to Hitler, but to the German

people.

DR. FRITZ: How long did you keep the oath?

FRITZSCHE: I kept it to the end. Then, it is true, I remained in Berlin,

in violation of the order which I was given. When Hitler and his

entourage took the way of suicide or fled toward the West, I was, to my

knowledge, the only higher official to remain in Berlin. At that time I

gathered together the employees of the highest Reich authorities, who

had been left to their fate, in the ruins of my office. Hitler had left

behind an order to fight on. The commander of Berlin could not be found.

Therefore, as a civilian, I felt obliged to offer to the Russian Marshal

Zhukov the capitulation. As I was sending off the emissaries who were to

go across the battleline, the last military adjutant of Hitler

appeared—General Burgdorf—and was going to shoot me in compliance with

Hitler’s order. Nevertheless, we capitulated, even though it was signed

by the commander, who had been found in the meantime. Thus, I believe I

kept my oath, the oath which I had taken to the German people in the

person of Hitler.

DR. FRITZ: Did you hold an office in the Party?

FRITZSCHE: No.

DR. FRITZ: Were you a political leader?

FRITZSCHE: No.

DR. FRITZ: Were you in the SA or the SS or any one of the other

organizations which are accused here?

FRITZSCHE: No.

DR. FRITZ: Did you ever take part in a Party rally?

FRITZSCHE: No.

DR. FRITZ: In one of the celebrations of 9 November in Munich?

FRITZSCHE: No.

DR. FRITZ: Then, please describe briefly your position and your work

from 1933 to 1945.

FRITZSCHE: Here, again, I may refer to my affidavit, 3469-PS, that is,

to the rest of the affidavit. Thus I may again limit myself to a very

brief presentation to supplement what is said in the affidavit.

At the seizure of power by National Socialism, I remained what I had

been previously, Chief Editor of Drahtloser Dienst. That was the name of

the German radio news service. I held that position for 5 more years.

In May 1933 this wireless service, which had been a part of the Reich

Radio Company, was incorporated into the press section of the Propaganda

Ministry. As I was a specialist in journalistic news service, I soon was

entrusted with the news agencies, first the smaller ones such as

Transozean or Europapress or Eildienst. Later I was entrusted with the

big Deutsches Nachrichtenbüro (German news service).

At that time, I had no power to issue orders to the agencies, for I was

still an employee of the Ministry and not yet an official. I also had no

right to determine the contents of the news. I had only the

organizational supervision, but I believe that my advice was respected

at the time. In those days I also gave other advice of a journalistic

nature. Then in December 1938 I became head of the German Press Section.

I became Ministerial Director. As an official I still felt like the

journalist I had been for decades previously. I continued to direct the

German Press Section until the spring of 1942.

At that time I did not agree, among other things, with the colored press

reports of my superior, Reich Press Chief Dr. Dietrich. For that reason,

I became a soldier and went to the Eastern Front.

In the fall of 1942 I was called back by Dr. Goebbels. Dr. Goebbels

approved my previous criticism, of which he knew. He offered me the

direction of the Radio Section of his Ministry. I answered that I could

return to the Propaganda Ministry only if I had the certainty that a

termination of the war by political means would be sought and that total

military victory would not be striven after, which from the first day of

the war I had considered impossible. I told Dr. Goebbels at that time

literally, “I am not going to participate as a propagandist in a fight

of self—destruction such as was fought by the Goths at Mount Vesuvius.”

Dr. Goebbels answered that Hitler and he, also, were seeking a

termination of the war by diplomatic means on the basis of reaching some

sort of understanding. He promised me that he would inform me in time if

he noticed that the Führer was changing these intentions. Dr. Goebbels

repeated this promise at intervals of a few months, up to the end of the

war; and each time that he repeated it, he always gave me substantiated

indications about the political efforts in progress at the moment. Today

I have the feeling that he broke his promise.

Well, at that time I took over the Radio Section of the Propaganda

Ministry, and I became Ministerial Director.

DR. FRITZ: Those were your official positions. But they were less known

to the public. Better known were your radio speeches. What about them?

FRITZSCHE: Since 1932 I spoke once a week, for 10 to 15 minutes, on some

German stations and on the Deutschlandsender (radio station for foreign

broadcasts). At the beginning of the war I spoke daily on all the

stations, I believe for 3 or 4 months. Then I spoke three times a week,

then twice a week, and finally once a week again. At first these radio

speeches were just reviews of newspaper articles; that is, a collection

of quotations from domestic and foreign newspapers. After the beginning

of the war, however, these speeches, of course, became a polemic on the

basis of quotations mostly from foreign papers and foreign radio

stations.

DR. FRITZ: Did your speeches have an official character? The Prosecution

says that they were, of course, under the control of the Propaganda

Ministry.

FRITZSCHE: That is not correct in that form. The speeches were not

official. At the beginning they were purely personal elaborations. Of

course, I could not prevent, as time went on, the private speeches of a

man holding a position in the Propaganda Ministry being no longer

considered as personal, but semi-official.

DR. FRITZ: You just said “personal elaborations,” which was later

considered “semi-official.” For clarification I ask, could one criticize

these speeches, or was one arrested for so doing?

FRITZSCHE: Criticism was not only allowed, but actually it was done. I

had an extensive correspondence with my critics, although only with

those who signed their names. There were of course also anonymous

critics, but I may add that the anonymous critics had only general

complaints.

After the outbreak of the war a South German office of public

prosecution and later the Ministry of Justice, offered me a certain

protection for my publications, apparently on the assumption that they

were official or semi-official. It was suggested to me to appear as

co-plaintiff in possible libel actions. I categorically refused this,

stating, as I have often done both privately and publicly, that people

must be allowed to grumble about something. If they are forbidden to

criticize the State and the Government, then they must be allowed at

least to criticize the press, the radio, and me.

DR. FRITZ: How did you prepare these speeches? Were they put down in

writing and censored beforehand?

FRITZSCHE: I always refused to let them be censored beforehand. The

material was gathered very carefully. It was kept in the so-called

“Archiv-Schnelldienst” which had been applied for and approved by the

Tribunal to be brought here but which could not be found.

The material consisted of clippings from papers, reports of news

agencies, and reports from foreign broadcasts. The investigation of

doubtful matters was done by a special official. A rough draft of the

speech was then dictated and then delivered freely. Therefore, this

procedure was different to that of writing an article; not every

sentence had to be polished, because in a written matter every word

counts, whereas in a speech it is more the total impression which is

decisive.

DR. FRITZ: Now, you worked in the Propaganda Ministry; Dr. Goebbels was

the Minister. His name has been mentioned here frequently in connection

with his various positions as Reich Minister for Propaganda, Reich

Propaganda Director of the NSDAP, Delegate for Total War Effort, and

Gauleiter of Berlin. In which of these capacities did you deal with Dr.

Goebbels?

FRITZSCHE: Exclusively in his capacity as Propaganda Minister.

DR. FRITZ: Were you his representative there?

FRITZSCHE: No. In the last 2½ years I was his commissioner for radio

broadcasting and, in addition, head of one of the 12 departments of his

Ministry. Dr. Goebbels’ representatives were his state secretaries. The

last one was Dr. Naumann who was his successor for one day.

DR. FRITZ: Was Dr. Goebbels your only and direct superior?

FRITZSCHE: No. There were many offices between him and me at first, and

still a few later on. This is the first time, here in the dock, that I

am without official superiors.

DR. FRITZ: By the way, whom of the defendants did you know or with whom

did you have official or personal relations?

FRITZSCHE: I had two or three official conversations, shortly after

1933, with Funk, who was then State Secretary in the Propaganda

Ministry, mainly dealing with economic and organizational matters. I

discussed with him the financial plans for the reorganization of the

news service.

Then, I once had a talk with Grossadmiral Dönitz on a technical matter.

I called on Seyss-Inquart in The Hague, and on Papen in Istanbul. I knew

all the others only by sight and first made their personal acquaintance

during the Trial.

DR. FRITZ: How about Hitler?

FRITZSCHE: I never had a conversation with him. In the course of 12

years, however, I saw him, of course, several times at the Reichstag on

big occasions or receptions. Once I was at his headquarters and was

invited to dinner with a large number of other people. Otherwise, I

received instructions from Hitler only through Dr. Dietrich or his

representative or through Dr. Goebbels and his various representatives.

DR. FRITZ: What were your relations with Dr. Goebbels? Were you on

friendly terms with him? Did you meet with him frequently?

FRITZSCHE: One can by no means say that we were friends. The

relationship was on an official basis, reserved and to a certain extent

formal. I was personally even less frequently with him than other

assistants of Dr. Goebbels of my rank. But I believed I observed that he

treated me with more respect than any other of his co-workers. To that

extent, I occupied a certain special position. I valued Dr. Goebbels’

intelligence and his ability, at least sometimes, to change his own

opinion in favor of a better argument. I saw him about twice a year

during the first 5 years. When I was head of a department I saw him

perhaps once a month. After the outbreak of war I saw him daily in the

course of a conference with 30 to 50 fellow employees; and in addition,

about once a week I had a conference on special subjects with him.

DR. FRITZ: Now we come to the subject of propaganda. Can you sketch the

propaganda system in the Third Reich?

FRITZSCHE: I shall try it. There were three types of propaganda. The

first was the unorganized agitation of the radical fanatics in the

Party. It was present in all fields, in the fields of religion, racial

policy, art, general policy, and the conduct of the war. As time went by

Martin Bormann became more and more the leader of this unorganized

agitation.

The second type of propaganda was under the Reich Propaganda Directorate

of the NSDAP. The head of this was Dr. Goebbels. It attempted to put the

agitation of the radicals on a more presentable basis.

The third type was the state organization of the Reich Propaganda

Ministry.

DR. FRITZ: The Prosecution contended at the beginning that you had been

also head of the Radio Section of the Propaganda Directorate of the

NSDAP. How about that?

FRITZSCHE: The Prosecution have withdrawn that assertion. They said that

they had no proof. It would have been more correct to say that this

statement has been proved to be false. I refer to my affidavit, 3469-PS,

Point 37. There I state that I was not—in contrast to all of my

predecessors, as far as I know—head of the Radio Section of the

Ministry and at the same time head of the Radio Section of the Party.

Today I supplement this statement by saying that I held no office

whatever in the Party.

DR. FRITZ: You have been accused of having helped Dr. Goebbels plunge

the world into the blood-bath of aggressive war. Is that true? Did Dr.

Goebbels ever speak with you about aggressive plans?

FRITZSCHE: No; I never heard of any intention to wage aggressive war,

either from Dr. Goebbels or from anyone else.

DR. FRITZ: In the course of this Trial some conferences have been

mentioned here several times at which, it was said, various aggressive

plans were discussed; for example, before the attack on Czechoslovakia,

before the attack on Poland, and on Norway, and on Russia. Did you

participate in these conferences? Did you hear of them?

FRITZSCHE: I did not participate in a single one of these conferences. I

heard of them for the first time here in the courtroom.

DR. FRITZ: Now, in case no plans for an attack were discussed in these

conferences, was there any talk at all about war or the possibility of

war?

FRITZSCHE: No; but the danger of war was mentioned as early as 1933—the

danger of war due to the one-sided disarmament of one state in the midst

of other states which were highly armed. This disproportion between

armament and nonarmament had to be considered as enticing an attack.

German propaganda after 1933 underlined this consideration and this

contention as one of the main reasons, first, for the demand for

disarmament of the other powers and afterwards for the German demand for

equality of armament. That seemed completely logical to me. But never

was the danger of war mentioned without, at the same time, making a

reference to the German will for peace. That seemed to me honest.

In the summer of 1939, when the danger of war became more and more

imminent, I saw Dr. Goebbels more often than ever before. I gave Dr.

Goebbels a number of little memoranda as, so to speak, a contribution

from my field of work, the news service. They were analyses of public

opinion in western countries, and they repeatedly indicated that England

was determined to go to war in case of a conflict with Poland. I recall

that Dr. Goebbels was deeply impressed when I once again gave him one of

these memoranda. He expressed his concern and decided immediately to fly

to Hitler. He said to me, literally, “Believe me, we did not work

successfully for 6 years in order to risk everything in a war now.”

Furthermore, in the summer of 1939, I knew of some serious gaps in

German armament which have already been mentioned in part here in the

courtroom. Therefore I was convinced of the honesty of the peaceful

intentions in Hitler’s policy.

If documents have been submitted during this Trial which indicate that

Hitler secretly thought differently or acted differently, then I am at a

loss to form a judgment, since the documents of the opposite side have

not yet been published. But if it should be, as the documents submitted

here say, I must state that I was deceived about the aims of German

policy.

DR. FRITZ: Mr. President, at the beginning of my case I had stated that

we were unable to produce here the radio speeches of the Defendant

Fritzsche. I tried to obtain them from German radio stations and

succeeded in getting at least a small part from the years 1939 and 1940.

I have selected a few of these speeches which I should like to submit to

the Tribunal as Exhibit Number Fritzsche-1.

To support what the defendant has just said, I should like to quote only

one sentence from the radio speech of Fritzsche of 15 November 1939:

“The sole reason for war, which a nation that as a whole never

longs for war, may have at all—the sole reason for war which is

also morally justifiable is the threat to the existence, to the

life of that nation.”

And this line emphasized by the Defendant Fritzsche at the beginning of

the war, was adhered to by him during the war as well. As proof of this,

I should like to quote another passage from the same document, from a

radio speech of Fritzsche of 23 July 1940:

“We Germans have experienced in the course of our history, and

especially 30 years ago, enough blood and tears and death to

face things honestly now. We knew what war meant, and therefore

we did not want war. And because the Führer knows it so well and

had experienced it himself, he offered on 6 October and 19 July

to make peace.”

DR. FRITZ: Did you in any way have anything to do with war preparations

of an intellectual or organizational kind?

FRITZSCHE: Not directly, but perhaps indirectly. I demanded the

disarmament of the others, and then equality of armament; and I

advocated the arming (Wehrhaftmachung) of the German people. The

expression “Wehrhaftmachung” is liable to be misunderstood, at any rate,

to be easily misinterpreted. I should like to define it expressly as the

ability to fight in self-defense. The German people were promised again

and again, often by me, that the restoration of military sovereignty

would be for defensive purposes only.

DR. FRITZ: How and where did you propagate this idea?

FRITZSCHE: In the modest sphere of my weekly radio speeches, while

making casual remarks. I was a patriot; but I feel myself to be free

from chauvinism, that is, exaggerated nationalism. To me, as a

historian, it was at that time already clear that, especially in the

narrow confines of Europe, the old nationalism was an anachronism and

that it was incompatible with modern communications and weapons. At that

time I believed I saw in Hitler’s doctrine also certain elements for a

new type of mutual understanding among peoples. It was particularly the

constantly repeated thesis that only the nationalism of one people can

understand the nationalism of another people.

Only today have I realized ideologically—but particularly, of course

materially—through the further development of arms, that the time of

nationalism is past, if mankind does not want to commit suicide, and

that the period of internationalism has come, for good or evil.

At that time, however, nationalism was not considered a crime. Everyone

advocated it. It can be seen that it is still advocated today, and I

also advocated it.

DR. FRITZ: Now, the Prosecution points out that before every attack a

press campaign was launched in Germany, the aim of which was to weaken

the victim of a planned attack and to prepare the German people

psychologically for the new drive. Although this is stated by the

Prosecution without as yet actually referring to you personally and even

though later no direct charge is made that you organized these press

campaigns, the Prosecution, nevertheless, stress very strongly your

connection with this practice.

Now, what facts do you have to state about your role in these

journalistic polemics?

FRITZSCHE: First, I can only point out that I described the

propagandistic actions in detail in my affidavit, Document Number

3469-PS, Points 23 to 33, starting with the Rhineland occupation up to

the attack on the Soviet Union. These descriptions also contain

information about the type and extent of my participation in these

actions. Beyond that, I may emphasize that any reference is missing in

the description made in my affidavit as to the question of the right in

each case. All attempts at political justification are lacking. I should

like to emphasize explicitly that in each case, in each action, I

believed I represented a good and just cause. It would be leading too

far if I were to explain that here for each case, inasmuch as many of

these cases have already been discussed here. I assume, or rather I

hope, that the Prosecution will ask questions on this subject for I

assert that, no matter what the facts may have been in the individual

cases, at every moment from the Anschluss of Austria on to the attack on

Russia, information given to me and through me to the German public left

no doubt of the legality or the urgent necessity of the German action;

and I, as the only surviving informer of the German public, consider it

my duty to be available here for any investigation of the correctness of

this statement of mine, which is of especial importance for the German

public.

DR. FRITZ: Some newspaper headlines are mentioned in your affidavit

which are considered typical for the various states of tension prior to

the individual action. What have you to say to that?

FRITZSCHE: The headlines are taken without exception from the

_Völkischer Beobachter_. These headlines were submitted to me and, of

course, I had to confirm their truth; but I may emphasize that the

_Völkischer Beobachter_ was not typical for the result of my press

policy. The _Völkischer Beobachter_ generally had its own direct

connections to headquarters and to Hitler. Typical products of my press

policy were papers such as the _Deutsche Allgemeine Zeitung_, the

_Münchener Neueste Nachrichten_, and the _Hamburger Fremdenblatt_, to

name only a few.

DR. FRITZ: But the Prosecution is of the opinion that you also incited

to war by your domestic propaganda insofar as you tried to arouse

hostile feelings in the German people toward other peoples of Europe and

the world. In Captain Sprecher’s trial brief it is said, for instance,

that terms like “antagonism against the peoples of the Soviet Union” and

“an atmosphere of senselessness and hatred” were created by you or that

you had incited the Germans to blind hatred. Did you do that?

FRITZSCHE: No, I did not do that. Never did I attempt to arouse hatred

against the English, French, Americans, or Russians, _et cetera_. There

is not a single word of this type in perhaps a thousand speeches which I

made before the microphone. I did speak strongly against governments,

members of governments, governmental systems; but I never preached

hatred generally or attempted to awaken it indirectly as was the

case—and I ask your pardon for my taking an example from the

courtroom—at the moment when a film was presented here and the words

were spoken, “Here you see Germans laughing over hanged Yugoslavs.”

Never did I try to awaken hatred in this general form and I may point

out that for years many anti-National Socialist statements from certain

countries, which were still neutral at that time, remained unanswered.

DR. FRITZ: Did your superiors demand that you mark your propaganda with

the stamp of antagonism or to stimulate hatred?

FRITZSCHE: Yes, that happened frequently, but it was not demanded that

antagonism or hatred should be stirred up against peoples. That was

expressly forbidden because we wanted to win these peoples over to our

side, but again and again I was requested to arouse hatred against

individuals and against systems.

DR. FRITZ: Who requested you to do this?

FRITZSCHE: Dr. Goebbels, Dr. Dietrich, and both of them frequently on

the direct orders of Adolf Hitler. The reproach was repeatedly made that

the German press and the German radio did not arouse hatred at all

against Roosevelt, Churchill, or Stalin but that they made these three

personalities popular as efficient men. For that reason, for years the

German press was forbidden to mention these three names at all unless,

in an individual case, permission was given with exact instructions.

DR. FRITZ: Do you mean to say that you refused the request to change

your propaganda to incite antagonism and to arouse hatred and did not

carry it out?

FRITZSCHE: I should like to outline exactly what I did. When the

reproaches of Dr. Goebbels and Dr. Dietrich accumulated, I had all

caricatures from the first and second World War collected—from England,

the United States of America, France, and a few from Russia. In

addition, I had all anti-German propaganda films which I could lay my

hands on, collected. Then in five to six demonstrations of several hours

each, I presented these caricatures and these films to German

journalists and German radio speakers. I, myself, spoke only 2 or 3

minutes in introduction. It is quite possible that I created hatred

through these showings, but I should like to leave the judgment of this

means of producing hatred in the midst of war to the Tribunal. In any

case, Dr. Goebbels said later that he was dissatisfied and we were

“bunglers.”

I may add one statement. I would have had a means of carrying out my

orders of arousing real hatred, that is, not one means but a whole group

of methods; that would have been, to give only one example, a German

edition of the last two volumes of the Tarzan series, an adventure

series which was very popular in Germany at that time and of which the

last two volumes were strongly anti-German. I need not describe them

here. I never pointed out such early products of anti-German propaganda.

I always deliberately ignored such methods.

DR. FRITZ: If you say that you dispensed with hatred and antagonism in

your propaganda, what means did you use in your propaganda during the

war?

FRITZSCHE: During the war I conducted the propaganda almost exclusively

with the concept of the necessity and the obligation to fight. I

repeatedly painted the results of defeat very dark and systematically I

gave quotations from the press and the radio of the enemy countries. I

quoted repeatedly the enemy demands for unconditional surrender. I used

the expression of the “super-Versailles” frequently and did—I emphasize

that—describe the consequences of a lost war very pessimistically. It

does not behoove me today to make a comparison with reality.

DR. FRITZ: But could you not learn from the broadcasts of the enemy that

the fight of the Allies was not directed against the German people but

only against its leaders? Did you keep that from the German people?

FRITZSCHE: On the contrary, I did not keep it from them, but repeatedly

quoted it. However, I called it “incredible.” For example, I once used

the trick of quoting the wording of a medieval declaration of war in

which it had already been said that a war was declared only on the King

of France but that one wanted to bring freedom to the French people.

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

[_The Tribunal adjourned until 27 June 1946 at 1000 hours._]

ONE HUNDRED AND SIXTY-FIFTH DAY

Thursday, 27 June 1946

_Morning Session_

[_The Defendant Fritzsche resumed the stand._]

MARSHAL (Lieutenant Colonel James R. Gifford): If it please the

Tribunal, the report is made that Defendant Ribbentrop is absent.

DR. FRITZ: Mr. President, Gentlemen of the Tribunal, first a very brief

explanation: Yesterday I repeatedly mentioned the Indictment and intend

to do so in the course of the examination. Thereby I mean the

presentation of Fritzsche’s case by Captain Sprecher in the morning

session of 23 January 1946.

Herr Fritzsche, yesterday you spoke of your radio speeches concerning

the Allied propaganda—my last question: Did you attempt to split the

front of the Allies by your propaganda?

FRITZSCHE: Of course I attempted to do that. I elaborated on all

ideological and all practical political contrasts or differences between

the individual Allied nations. I considered that a permissible method of

waging war. At that time I wanted a split between the Allies just as

much as today I wish their unity, since Germany would be the first

victim of any conflict.

DR. FRITZ: Now, you are accused of assisting in establishing Nazi

control throughout Germany. Did you agitate against democracy?

FRITZSCHE: I never agitated against democracy as such. I attacked the

democracy of the 36 parties, the democracy which had prevailed in

Germany previously, the democracy under which even strong groups such as

the two Marxist parties, for example, were powerless. I criticized

foreign democracy only on two points: First, the elements which limited

the basic concept of democracy—I believe it is superfluous and perhaps

it would be misunderstood to enumerate them today. Secondly, I

criticized the demands of the foreign democracies to force their form of

government on us. According to my knowledge and information at that

time, it seemed unjustified to me.

DR. FRITZ: Well, did you consider dictatorship a better form of

government?

FRITZSCHE: I should like to emphasize that at that time, under the

existing conditions and only for a temporary emergency period, I did;

today, of course, no. After the totalitarian form of government has

brought about the catastrophe of the murder of 5 millions, I consider

this form of government wrong even in times of emergency. I believe any

kind of democratic control, even a restricted democratic control, would

have made such a catastrophe impossible.

DR. FRITZ: You are accused, furthermore, of having spread the doctrine

of the “master race.” The Prosecution makes this charge indirectly

against you. How about that?

FRITZSCHE: I never set up or voiced the theory of the “master race.” I

even avoided this term. I expressly prohibited this term being used by

the German press and the German radio when I was in charge of one or the

other. I believe that the term “master race” played a greater role in

the anti-National Socialist propaganda than in Germany proper. I do not

know who invented this term. To my knowledge it was publicly mentioned

only by men like Dr. Ley, for example, men—and I must explain this

frankly and expressly—who were not taken seriously by anyone in this

connection. It is true, however, that this term played a great role,

without being expressed openly, among the SS because of its racial

exclusiveness; but people of intelligence, tact and insight, and with

some knowledge of the world, very carefully avoided the use of this

word.

DR. FRITZ: Mr. President, at this opportunity, I should like to offer an

affidavit to the Tribunal by Dr. Scharping of 17 May 1946. Dr. Scharping

was Government Counsellor in the Propaganda Ministry up to the end. From

this affidavit I shall now quote only one sentence from Page 13. I

quote:

“In this connection it can be explained that Fritzsche always

opposed the term ‘the master race.’ He even expressly prohibited

the use of this word on the radio.”

[_Turning to the defendant._] But the Prosecution has quoted a passage

from one of your radio speeches to prove this assertion.

FRITZSCHE: The quotation is correct, but I ask you just to read it

carefully. The term “master race” is rejected in this quotation for the

Jewish and for the German people. The quotation cannot be misunderstood.

DR. FRITZ: Mr. President, that is in Captain Sprecher’s speech for the

Prosecution, English text, Pages 31 and 32.

[_Turning to the defendant._] But you carried on propaganda not only in

Germany, but also abroad. What was the difference?

FRITZSCHE: In my radio speeches there was no difference. Before the

outbreak of war I made a slight difference in the speeches for Germany

and those for other countries simply because the audience was different,

and because I had to presuppose a different level of knowledge. During

the war my speeches on the Reich German radio were simply transmitted

over the short-wave stations. What was said for Germany or for other

countries could be controlled by both sides. Moreover in the 12 years

during which I spoke on the German radio, I never permitted my speeches

to be translated, since that always involved a differentiation in

emphasis. Written articles can be translated, perhaps official speeches

also, but not rather light and half-improvised chats.

DR. FRITZ: Were your broadcasts abroad criticized internationally?

FRITZSCHE: Yes, very frequently. During the war there was often daily

criticism from some country or other. I had these criticisms collected.

I asked for them as documents, but my application was refused by the

Court. As far as I know, I am not accused of inciting war in these

criticisms.

DR. FRITZ: Now you not only acted as a mouthpiece for propaganda, but

also as an organizer of it. You are accused of having helped to create

an important instrument for the alleged conspiracy. The Prosecution says

that for 13 years you aided in the creation of the propaganda machine

which the conspiracy was able to put to such good use. Did you create

the press organization of the National Socialist State?

FRITZSCHE: No, I did not create this organization nor did I have any

part in its creation. It was created by Dr. Goebbels, Dr. Dietrich, and

Reichsleiter Amann. When, in the winter of 1938, I became head of the

so-called German Press Section, I attempted to loosen the bonds which

had been imposed on the German press. I attempted that in the material

and personnel field. For example, I called back to their work with the

press hundreds of editors of other parties who had been dismissed in

1933 and 1934. Today they will be angry with me. I had the best

intentions at that time. In addition to the official press conferences

which were very strictly controlled, also as far as their records were

concerned, by my superiors, I also arranged the so-called supplementary

conferences in which I met the representatives of the 50 or 60 most

important papers and discussed more freely the possibilities of their

work. I coined the slogan which was often used there: “You may write any

criticism you like in the German papers provided such criticism is not

shown in big headlines but is buried somewhere in the text in an elegant

form.” Very many German journalists made use of this possibility in the

past 12 years. I should be glad if this work, which was hidden work,

would be honored in some way today in the interest of these people who,

in part, returned to their profession as journalists only out of

personal confidence in me. Of course, I must add that the possibility of

criticizing was not unlimited.

DR. FRITZ: Mr. President, on this occasion, with the approval of the

Prosecution, I offer the Tribunal a document as Document Number

Fritzsche-4. It is an excerpt from a letter of the German Lieutenant

General Dittmar, who frequently commented on the military situation on

the German radio during the war and who is in British captivity. The

well-known English radio commentator, Mr. Liddell-Hart, has sent an

excerpt from the letter to the British Prosecution. I should like to

quote briefly this memorandum which was sent to me. May I quote this

passage?

THE PRESIDENT: Yes, you may.

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, volume 17 · 第 7 / 51 题