I am again skipping a paragraph.

“I declare under oath that some of the expressions used in these

documents were not used by Hitler at all, while others were used

by Hitler partly in another sense and partly in another form.

“As to Document 798-PS, the following numbers of the pages and

lines agree with the version which I have just received, and

which was submitted by Sir David Maxwell-Fyfe.”

I should like to remind the Tribunal that this is the 10-page summary,

GB-464. In this version you will find the sentence:

“‘Afterward we shall discuss military details.’

“Comment: This sentence was not used. Military details did not

follow in 798-PS either.

“Page 1, Lines 7 to 10: ‘I made this decision already in the

spring, but I thought that first of all, in a few years’ time, I

should turn against the West, and only afterward against the

East.’

“Comment: The account as set down by me, on Page 1, Lines 5 to

8, is absolutely true. In any case Hitler never used the words

that he would first of all turn against the West.

“Page 1, Lines 12 to 14: ‘First of all I wanted to bring about

satisfactory relations with Poland so that I could first of all

fight against the West.’

“Comment: This sentence was never used, and what I have just

said applies here, too. Hitler never voiced the intention that

he wanted to fight against the West.”

Now I shall omit the next point and on Lines 15 to 18 on Page 2 it says:

“‘It is easy for us to make decisions. We have nothing to lose,

only to gain. Our economic situation, due to our limited

resources, is such that we can hold out only a few more years.’

“Comment: As to the attitude taken here—the version in my

statement, Page 2, Lines 21 to 26, is absolutely correct. Above

all the sentence, ‘We have nothing...’”

THE PRESIDENT: Dr. Siemers, does it not come to this? There are two or

three versions of this particular speech and this admiral is saying that

his version is correct. That is all it comes to. I mean, he does not

think the other versions are correct. Well, the Tribunal will no doubt

have to compare the three versions and compare it with this affidavit.

But what is the purpose or use of reading it to us at this stage I do

not know.

DR. SIEMERS: Very well, Mr. President. Thank you very much. Then I ask

that the Tribunal take judicial notice of the further statements, as set

out therein. I should like to refer only to the fact that Generaladmiral

Böhm expressly asserts and declares under oath that the sentence which

has been quoted several times: “I am afraid that at the last moment some

dirty dog will submit to me a plan for mediation”——was not uttered by

Hitler.

Referring to Document 1014-PS, I should like to read a sentence which

has been brought up by the Prosecution six or seven times:

“The destruction of Poland is in the foreground and the aim is

the elimination of Polish vitality, not the reaching of a

certain line.”

In this connection Böhm says:

“There was never any talk of destroying Poland or of eliminating

the vitality of the Polish people. What was discussed was the

breaking of the military forces.”

And I should like the Tribunal to take judicial notice of these very

carefully set down statements for it seems to me that this is important

in assessing the evidence value of the documents presented by the

Prosecution.

Then under “III” Generaladmiral Böhm describes that period during which

he was commanding admiral in Norway. I should like the Tribunal to take

judicial notice of this. This statement chiefly concerns the struggle

carried on by Raeder and Böhm against Terboven, against the German

civilian administration, and the attempts to make peace with Norway.

Mr. President, after many weeks the interrogatory of Albrecht has

reached me in its final form. I sent it to the Translation Division

several days ago and have not yet received the translation. This

interrogatory has been approved and I put it in as Exhibit Number

Raeder-128. I ask the Tribunal to take judicial notice of this

interrogatory.

I should like to mention that Generaladmiral Albrecht was for many years

one of Raeder’s closest co-workers. He resigned in October 1939. He

knows the attitude taken by Raeder and he knows the High Command of the

Navy before 1933 and up to 1938. He, too, confirms the fact that Raeder

constantly warned Hitler of complications, and that Hitler always

stated, “I have matters under control and I will not let it come to

war.”

As regards all the other points, I ask, Mr. President, that the Tribunal

take judicial notice of these.

Then I should like to refer to the following: One interrogatory by

Generaladmiral Schulze has not yet come to hand. My efforts to obtain

this interrogatory date back to March 1946. I have given his address.

The witness is in retirement and lives in Hamburg-Blankenese.

Unfortunately until now the interrogatory has not arrived in Hamburg. I

should be very grateful to the Tribunal if it would give me permission

to submit this interrogatory at a later date, as I myself have no means

of expediting it. I do not know when it will come in, as in the meantime

it has been sent to Washington for reasons I do not understand, but I

certainly hope that it will be returned at some future date. Finally,

Mr. President...

THE PRESIDENT: Excuse me. What do you mean by it having been sent to

Washington? Did you say Washington?

DR. SIEMERS: I was informed by the General Secretary that this

interrogatory had been sent to Washington in order to locate the witness

there. But the witness resides in Hamburg-Blankenese. I am sorry that I

have no means of using my influence even though I have been trying for 3

months.

THE PRESIDENT: Well, no doubt the General Secretary is making every

effort to have the witness found. If he is found, then—what are the

dates? You say that 3 months ago you submitted this interrogatory? Was

it sent to Hamburg or where was it sent?

DR. SIEMERS: I have...

THE PRESIDENT: Surely, Dr. Siemers, you ought to know. You have been in

touch all these 3 months with the General Secretary and you are stating

that he sent it to Washington. You ought to know. Have you given him any

address in Hamburg? What is your complaint?

DR. SIEMERS: Mr. President, you have misunderstood. I was not

complaining. I was just stating the facts in order to show why the

interrogatory is not here, and I ask that when the interrogatory arrives

I may be permitted to submit it then, though by that time the

evidence...

THE PRESIDENT: I know you say that, but the Tribunal wants to know where

the interrogatory was first sent and why it was sent to Washington, and

why it was not sent to Hamburg and what you know about the fact—the

alleged fact—that the person who was to make the interrogatory was at

Hamburg?

DR. SIEMERS: Mr. President, I am from Hamburg myself and last November I

talked with the witness, and I gave his address when I put in my first

application to the General Secretary. Perhaps some misunderstanding

arose with the other offices which transmitted the interrogatory.

Perhaps they looked for a witness by the name of Schulze in some other

place. The name of the Generaladmiral is Otto Schulze and it is quite

possible that they looked up someone else with this rather common name.

The only answer I received was that the witness was being looked for, to

which I replied that it was not necessary to look for the witness.

MR. DODD: I think the Tribunal might be interested in knowing that Dr.

Siemers himself returned from Hamburg a few days ago, and I think he has

been there two or three times since he asked for this interrogatory.

Now, if he knows where this witness is, all he had to do while he was up

there was to go to a Military Government officer, submit his questions,

get them answered, and bring them back; and I think it is a little bit

unfair to blame the General Secretary under these circumstances.

DR. SIEMERS: I regret very much that Mr. Dodd considers it necessary to

reproach me with unfairness. I was told that an interrogatory could not

be given to the witness by me. The interrogatory for Admiral Albrecht I

brought back with me from Hamburg at the request of the General

Secretary because the formula of the oath had been omitted. In a case of

this kind I consider it quite natural that I should co-operate with the

General Secretary. However, I have submitted this interrogatory and I

cannot understand how Mr. Dodd could blame me if I have not brought the

interrogatory back with me.

THE PRESIDENT: Well, this seems to me a waste of time. We had better get

a report from the General Secretary.

DR. SIEMERS: Mr. President, I believe that I still have not been

understood. I am not accusing anyone. I am just asking for permission to

submit my interrogatory subsequently.

THE PRESIDENT: Well. We will consider that. We will not make any

decision until we have heard a report from the General Secretary upon

the circumstances.

DR. SIEMERS: Mr. President, then I should like to point out that two of

my applications were granted, which were not carried out completely. One

was the application concerning the files of the British Admiralty

containing the Allies’ plans regarding Scandinavia and Finland. Purely

as a matter of form I should like to say that the answer from the

Foreign Office, which is known to the Tribunal, is available, and the

Tribunal had approved the submission of these files, but the request was

turned down by the Foreign Office. As this matter has not been dealt

with before I should like it to be made absolutely clear.

THE PRESIDENT: The Tribunal, I think, has the communication from the

Foreign Office.

DR. SIEMERS: But I did not submit it, Mr. President. Therefore, I did

not know under what number, what exhibit number it can be found in the

files of the Tribunal. Would it be possible, Mr. President...

THE PRESIDENT: You can give it a number, certainly. Give it whatever

number you think right. What is the number you want?

DR. SIEMERS: May I submit this document as Exhibit Number Raeder-130

either this afternoon or at the latest tomorrow morning?

THE PRESIDENT: Yes.

DR. SIEMERS: Then, Mr. President, I made the request that the first

edition of Hitler’s book _Mein Kampf_ be placed at my disposal. In this

case as well, I should like to point out that according to information

received the General Secretary has made every effort, for which I am

grateful, but he has not been successful in providing me with this first

edition.

I should like to remind you of the fact that the edition used by the

Prosecution is from the year 1933 and therefore it cannot be used as a

basis for the argument put by the Prosecution concerning the period

before 1933.

THE PRESIDENT: That is a matter of argument.

DR. SIEMERS: Yes indeed.

During my absence four documents were submitted by Sir David

Maxwell-Fyfe. As far as I was able to ascertain, these documents, which

all come from Admiral Assmann, were submitted with the remark that

Admiral Assmann belonged to the Staff of Grossadmiral Raeder. This fact

was also mentioned several times in preceding records.

For the sake of order, I should like to clear up this error. Assmann was

in the historical section and he was in no way concerned with the staff

of Raeder. In this connection...

THE PRESIDENT: Have you got any evidence of the facts you are stating,

or do the Prosecution accept them?

SIR DAVID MAXWELL-FYFE: We accept, I am sure. My Lord, we have had it in

evidence and we accept the fact that he was in the Naval Historical

Section of the German Admiralty. My Lord, when I said “staff” I was

speaking generally. I did not mean the Operations Staff.

THE PRESIDENT: Then we need not waste further time about that.

DR. SIEMERS: I should like to refer to one point, Mr. President,

concerning these four documents: D-879, D-881, D-892, and D-854. I hope

that in this matter as well Sir David will agree with me. All the

English translations bear the heading “Diary”...

SIR DAVID MAXWELL-FYFE: My Lord, it is simply a point of how the

compilation of Admiral Assmann should be described. I am quite prepared

that it should be described as it is in the original.

THE PRESIDENT: Well...

SIR DAVID MAXWELL-FYFE: Dr. Siemers objected to its being described as a

“diary” and said that it should have been described as an index. My

Lord, I do not mind what it is described as.

THE PRESIDENT: What does it matter? Let us call it an index then. Is

that all your points?

DR. SIEMERS: Mr. President, this is important insofar as here in this

courtroom many “Tagebücher” have been submitted under the designation of

a “diary,” and these were really entries made at the time.

THE PRESIDENT: Sir David says that he will withdraw the word “diary” and

you may call it anything else you like. Really, it is only a waste of

our time to make this sort of technical point. Sir David agrees with

you, and he is prepared to withdraw the word “diary.”

DR. SIEMERS: Yes.

THE PRESIDENT: Very well then, let us not say anything more about it.

DR. SIEMERS: I quite agree, Mr. President.

Mr. President, I do not wish to take up the time of the Tribunal with

all the other and very numerous errors in translation. My final speech

will show how important this point was in connection with the Assmann

document. As suggested by the Tribunal I have brought the other errors

in translation to the notice of the General Secretary only.

THE PRESIDENT: If there are any errors in translation, that matter can

be taken up through the General Secretary with the Translation Division.

Dr. Siemers, it is very improper for counsel in your position to make

statements of that sort for which you have no proof at all. You know

perfectly well that when there have been any alleged mistranslations,

the matter has always been referred through the General Secretary to the

Translation Division and then they have been corrected; and for you to

get up at this stage of the Trial and say that there are many

mistranslations, without any proof of it at all, simply upon your own

word, is a most improper thing for counsel to do, and that is the view

of the Tribunal.

DR. SIEMERS: Mr. President, I beg to apologize, but I think I probably

did not express myself correctly. I am not making an accusation, but

with so many documents it is not surprising that these errors did occur.

I myself make mistakes. I am sorry if my remarks should have been

misunderstood.

THE PRESIDENT: Everybody makes mistakes, and everybody is capable of

having different opinions as to translations, but you and every other

member of the defendants’ counsel know that those mistakes, if they are

mistakes, will be corrected, if it is possible, and they know the way

that it can be done, and, therefore, as I said before, it is very

improper for you to get up and allege that there are a lot of

mistranslations. I do not want to hear anything more about it.

The Tribunal will adjourn.

[_A recess was taken._]

THE PRESIDENT: Dr. Nelte, have you any documents that you wish to offer

in evidence?

DR. NELTE: Mr. President, with a letter dated 1 July 1946, I put in

three affidavits, after having submitted them previously to the

Prosecution. Those three documents will become Documents Keitel-23,

Keitel-24, and Keitel-25. I beg the Tribunal to receive them, since the

Prosecution, as Sir David has told me, does not object to their being

offered in evidence.

THE PRESIDENT: And they are at present being translated, or have they

been translated?

DR. NELTE: They are in the process of being translated. I have merely

submitted the originals to the Tribunal.

THE PRESIDENT: Very well then, we will receive them in evidence and

consider them.

DR. NELTE: Thank you.

THE PRESIDENT: Dr. Kauffmann?

DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): Mr. President,

I have a few interrogatories which have been granted to me by the

Tribunal. I have the originals here with me; they have been numbered,

and I should like to submit them. The Translation Division has informed

me that the translations are not yet at the disposal of the Tribunal,

but I assume they will be in the hands of the Tribunal in the next few

days.

THE PRESIDENT: Yes.

DR. KAUFFMANN: I should like to state, in a few short sentences, what

the contents of the documents are, if the Tribunal wishes me to do so.

There are three documents which refer to the same subject: The testimony

given by the President of the Red Cross at Geneva, Professor Burckhardt;

the testimony given by Dr. Bachmann, who was the delegate of the Red

Cross; and then there is Dr. Meyer’s testimony, and he too was an

official representative of the Red Cross.

In these documents these witnesses deal with the discussions during

March and April 1945 which they had with the Defendant Kaltenbrunner.

They also show that agreements were reached on the strength of these

discussions which made it possible for thousands of French, Belgian, and

Dutch women and children to be returned to their home countries.

Prisoners of war were also released under these agreements and internees

from concentration camps were allowed to return. Another result was that

Kaltenbrunner gave permission to visit the Jewish camp at Theresienstadt

and took pains that other camps received medical supplies, food, _et

cetera_.

All that is contained in detail in these three documents.

THE PRESIDENT: What numbers are you giving them?

DR. KAUFFMANN: The Professor Burckhardt document will be Number

Kaltenbrunner-3; Dr. Meyer and Dr. Bachmann, Numbers Kaltenbrunner-4 and

5.

THE PRESIDENT: Yes.

DR. KAUFFMANN: A further document is the interrogatory supplied by the

former Gauleiter in Upper Austria, Eigruber. That is Exhibit Number

Kaltenbrunner-6. Here again I should like to draw attention to one

point. Among other things, this witness states that the concentration

camp at Mauthausen was not set up by Kaltenbrunner, as has been alleged

by the Prosecution and that he was not responsible for the life there or

the presence of the internees at the camp. That is stated here in detail

and I do not propose to read it.

The next document is the interrogatory of Freiherr von Eberstein, which

is Number Kaltenbrunner-7. Again, I shall not read from it, but perhaps

I may say, in just one sentence, that this witness is testifying that he

knows that the concentration camp at Dachau and the two auxiliary camps

belonging to Dachau were not, as has been alleged by the Prosecution, to

be exterminated during the last months or weeks of the war, but that

such a plan had been contemplated exclusively by the Gauleiter of

Munich, Giessler.

Then there is a further interrogatory, which is the testimony of the

witness Wanneck. That will be Exhibit Kaltenbrunner-8. I should like to

draw the attention of the Tribunal particularly to this document. It is

a lengthy document, and I shall not read from it. However, I believe I

can say that this man was particularly well acquainted with the

defendant and the whole of his official activities in the course of many

years. This witness held for years a leading position in the Foreign

Intelligence Service. He knows Kaltenbrunner’s attitude regarding the

executive and he confirms the fact that Kaltenbrunner agreed with

Himmler at the time, that he, Himmler, would retain the executive powers

while Kaltenbrunner would work mostly in the sector of the Intelligence

Service as a whole.

Finally, Mr. President, there are two documents which have not yet been

discussed. Therefore, first of all, the Tribunal would have to decide as

to the relevancy of the documents, and as to whether I shall be entitled

to submit the documents. They are two short letters which I have

received.

One is a letter from the mayor of the town of Dachau, dated 4 April

1946. The Tribunal may possibly remember that during the taking of

evidence by the Prosecution it was frequently mentioned that the

population in the vicinity had knowledge of the abuses. This man, who

has now been instated by the American authorities, confirms his own

experiences. In my opinion they do not bear out the thesis of the

Prosecution.

Immediately connected with this is the second letter, which is from the

well-known Pastor Niemöller, and which is dated 17 April 1946. Niemöller

had spent some time in Dachau.

MR. DODD: Mr. President, would it not be best if we were heard on the

first affidavit before the Niemöller affidavit is taken up?

We have objected to this affidavit by the mayor of Dachau for the reason

that it is simply a letter. We have had no opportunity to file any

cross-questions or to ask any questions of the man at all. These letters

come in here. If we are going to submit all the letters that come in—we

have bales of them, actually.

We do not like to object on purely technical grounds, if there is

anything here that would really be helpful to the Tribunal. On the other

hand, we do not feel that we should deny ourselves the opportunity to

make clear the entire story by cross-questions of some kind.

THE PRESIDENT: That is with reference to Schwalber?

MR. DODD: Yes, Sir.

DR. KAUFFMANN: I did not quite understand what you said, Mr. President.

THE PRESIDENT: What Mr. Dodd said was that they objected to this

document from Schwalber because they have not had any opportunity to put

any questions to him, either by way of having him called as a witness or

by a cross-interrogatory. Therefore, they object to the introduction of

the document in its present form.

DR. KAUFFMANN: Yes, I understand. I know this is somewhat problematical,

but the Tribunal will be able to assess the evidence value of the

letters according to their own opinion. Perhaps I may submit these two

short documents to the Tribunal. So far as I know, the Prosecution is

acquainted with these two documents, because they have been in the

Translation Division, and some time ago a representative of the

Prosecution told me that very probably objections would be raised. That

was why, at the beginning, I told the Tribunal it would first have to

decide as to the relevancy of the documents.

THE PRESIDENT: Well, Dr. Kauffmann, the best way will be for the

Tribunal to read the document and to consider it. We will do that.

DR. KAUFFMANN: Very well, Mr. President. Thank you.

MR. DODD: I should also like to indicate to the Tribunal that we take

the same position with respect to the Niemöller letter.

THE PRESIDENT: You consider them both, then? You are objecting also to

the Niemöller letter?

MR. DODD: Yes, on the same grounds.

THE PRESIDENT: Yes, very well.

DR. OTTO PANNENBECKER (Counsel for Defendant Frick): Mr. President, the

reply to the Messersmith interrogatory has not yet been submitted. The

reply has been received in the meantime, and has been translated, too. I

believe, however, that the Tribunal has probably not yet received it.

THE PRESIDENT: Can you offer it in evidence and give it a number?

DR. PANNENBECKER: Yes, Sir; I was going to. But I did not expect that it

would come up today, and I have not the number which I shall give to the

exhibit. May I be permitted to furnish the number later? Yes—I have it

here, Mr. President, and I shall now submit it as Exhibit Number

Frick-14. This is the reply to an interrogatory. The replies are in the

same form as those which Mr. Messersmith gave in the interrogatories

concerning other defendants. I shall refer to this interrogatory in

detail during my final speech. Therefore I need not read it now.

Then there is still one reply outstanding in an interrogatory of Konrad,

and I beg to be permitted to submit it as soon as I receive it.

THE PRESIDENT: That has been granted, has it? And it is now before the

witness?

DR. PANNENBECKER: Yes.

THE PRESIDENT: Very well.

DR. PANNENBECKER: Thank you.

THE PRESIDENT: Dr. Servatius.

DR. ROBERT SERVATIUS (Counsel for Defendant Sauckel): Mr. President,

several interrogatories have still to be submitted. First of all, I

submit Exhibit Number Sauckel-15 to the Tribunal. That is a Darré

interrogatory.

THE PRESIDENT: Whose interrogatory was that? Whose interrogatory?

DR. SERVATIUS: Darré, the Minister for Food and Agriculture. This

interrogatory deals with matters which have in part already come up at

this Trial. I should like to draw your attention to a few points. There

is the question of what was Sauckel’s general attitude, particularly

toward Himmler’s views; and the witness stresses the fact there was

considerable controversy between Himmler and Sauckel in this respect. He

mentions one particular instance which he himself witnessed. He speaks

about a factory in Thuringia which was directly under Sauckel’s control

and says that the workers there were so free that they hired themselves

out to farmers during the day, which was rather too much of a good

thing. He then talked about a clash between Sauckel and Himmler in the

presence of the Führer about the question of treatment, and he says that

Himmler stated, “I am subordinate to the Führer only, and for my

official business I am under the Reich Marshal; and I do not have to

justify myself to you.”

Then there is an interrogatory from Minister of Labor Seldte, which has

been allowed by the Tribunal and which I shall submit as Exhibit Number

Sauckel-16. I should like to bring out just a few points. The witness

talks about Sauckel’s functions and the functions of Dr. Ley, and he

says that Sauckel carried out the functions of the state while Ley

looked after the social welfare and social supervision.

Then he goes on to talk about inspections and control, and he says that

the offices for accident insurance, health, and factory inspection were

in existence before and had continued to function under the

responsibility of the Ministry of Labor.

Then comes the interrogatory of Dr. Voss, which I submit as Exhibit

Number Sauckel-17. I shall submit the original later. I am afraid I

cannot find it at the moment. This doctor was medical officer in a camp,

and he speaks of the conditions in the camps, particularly after air

attacks, and about the activities and care of the Labor Front. He not

only deals with the camps in which he was working but he knows a great

deal generally about conditions in other camps.

His statement is in contradiction to the testimony given by Dr. Jäger.

In the same way the following document, which I shall submit as Exhibit

Number Sauckel-18 and which comes from Dr. Ludwig Scharmann, although

dealing with another sector, contains similar statements, too, which are

also in direct contrast to the testimony given by Dr. Jäger.

That completes the interrogatories which have been granted me. Now I

have still another number of documents for which I have applied, but on

which a decision has not yet been given. I do not know whether I should

now submit them to the Tribunal. They are mostly concerned with laws and

decrees and I would like to submit them in addition to what I have

already submitted.

THE PRESIDENT: Yes, Dr. Servatius, the Tribunal would like you to submit

them now, because the Tribunal wishes to deal with the evidence on

behalf of the Defense finally, now and today.

DR. SERVATIUS: There is a decree by Sauckel dealing with the return of

sick foreign workers to their homes. It shows that workers who had

fallen sick were sent back and that Red Cross employees had to accompany

them. The actual decree is in the official collection of laws and

decrees which has already been submitted. I shall ascertain my exhibit

number presently. It will be Number Sauckel-99 in the supplementary

document book.

Then there is Document Number Sauckel-100, which comes from the

_Reichsarbeitsblatt_, 1943, which has already been offered in evidence,

too. This deals with the investigation of sanitary measures in camps,

and it concerns the accusations which have been made with reference to

these accommodation problems.

Then there is Document Number Sauckel-101 which is a memorandum for

French prisoners of war on leave regarding their improved status under

the so-called “transformation.” I shall submit it and give the exhibit a

number. For the moment it is Document Number Sauckel-101.

Then come Documents 102 and 103. Both are laws contained in the official

_Reichsgesetzblatt_. They are “German Instructions Regarding Compulsory

Labor Service.” It is the Emergency Services Order which I submit as

Document Number Sauckel-102. Then there is the Compulsory Labor Decree

which will be Document Number Sauckel-103, in the supplement.

Then I find that Document 4006-PS contains a number of important

regulations, but I am told that the Prosecution is going to read them,

and therefore I assume that I need not do so.

Then I have received an affidavit from Count Spreti, who, from the

beginning of the Eastern campaign, was active as a recruiting officer in

the East. It deals with conditions, and it states particularly that

Sauckel’s activity had brought about a basic change in the general

attitude. It is short and I consider that it is of particular

importance, because up to now no recruiting officer has been heard on

the subject.

Then I was proposing to submit Document Number Sauckel-109, which will

be a list...

COL. PHILLIMORE: My Lord, with regard to that affidavit I am told, the

Prosecution having not seen it at all, that that should be accepted with

the same reservations as have been made in the previous cases.

THE PRESIDENT: Yes, certainly. Was that affidavit you spoke of by Count

von Spreti, S-p-r-e-t-i?

DR. SERVATIUS: Yes.

COL. PHILLIMORE: Yes, My Lord.

DR. SERVATIUS: Then I was going to submit a list of all of Sauckel’s

decrees as Document Number Sauckel-109 which will give an idea of the

great care he took of all kinds of matters. This list will give the

titles only.

THE PRESIDENT: Very well, you did not give a number to the affidavit of

Count von Spreti.

DR. SERVATIUS: It will be given Number Sauckel-108 in my document book

and then I shall give it an exhibit number later when I submit the

numbers for the other documents.

Then as Document Number Sauckel-110, 111, and 112...

THE PRESIDENT: Dr. Servatius, are you not giving us exhibit numbers now?

DR. SERVATIUS: I cannot do so at the moment because I have not got the

originals with me and part of these are official records which have been

submitted already.

THE PRESIDENT: But you see in the case of the Defendant Sauckel, as in

the case of every other defendant, the exhibits put in on his behalf,

the exhibits offered in evidence on his behalf should have a consecutive

series of numbers and that is a consecutive series which is settled by

the counsel himself who offers the documents in evidence. It does not

depend upon whether he has the original before him.

DR. SERVATIUS: In that case I can give them exhibit numbers. Document

Number-108 will be Exhibit Number Sauckel-18.

THE PRESIDENT: Which is that?

DR. SERVATIUS: Exhibit Number 18.

THE PRESIDENT: Perhaps the most convenient way would be if you would

carefully go through your exhibits and give the list to the General

Secretary, giving the exact exhibit number of each document.

DR. SERVATIUS: Very well.

Then Documents Number 110, 111, and 112, contained in the supplement,

are three laws which deal with the position of the Reich Defense

Commissioner who was mentioned in connection with the allocation of

labor. The Reich Defense Commissioner is, of course, the Gauleiter who

was mentioned during the case of Speer in connection with the armament

industry. These are merely the basic laws, so as to have them at hand.

After the case of Speer had been heard, I received an affidavit from the

witnesses Hildebrandt and Stothfang, who had been examined here in

Court. It deals with the question of how far Sauckel had to obey Speer’s

instructions and what the relations were between the two offices. The

Prosecution have not yet defined their attitude and I think perhaps it

would be best if...

MR. DODD: We will be glad to have this affidavit submitted, Mr.

President. We have no objection whatever to it. As a matter of fact, if

it was not submitted by Dr. Servatius, we intended to offer it

ourselves.

THE PRESIDENT: Very well. Of course the Tribunal thinks it is irregular,

really, that a witness who has been called and has given evidence, has

been cross-examined—has been re-examined and cross-examined by any

other counsel for the defense who want to—that he should be entitled to

give any other evidence, but if you are both agreed that it is

convenient in this case, as a special circumstance, we will admit it.

MR. DODD: I think—Mr. President, I, of course, recognize at once the

Court’s observation about submitting affidavits of witnesses who have

been before the Tribunal. What happened here was that some rather

material matters were not gone into when he was here, and I think the

Tribunal will find them quite helpful in clearing up the situation about

Sauckel and Speer with respect to their relative and individual

responsibilities for this slave labor program. Other than that, I, of

course, would not urge it at all. I think the Court will find it

helpful.

DR. HANS FLÄCHSNER (Counsel for Defendant Speer): Mr. President, I would

not make a formal objection against the admission of such an affidavit

if I were not convinced, in this particular case, that with the

admission of such an affidavit a series of questions will be opened up

which will, in turn, necessitate further arguments. I saw the wording of

this affidavit only this morning and I am convinced that at least

further investigation of its contents will be necessary. I believe,

therefore, that if this Trial is to be shortened, in the case before us

as well, one ought not to depart from the general rule that affidavits

from witnesses who have already appeared before the Tribunal should not

be permitted. In this particular case, where there are references to the

publication with which the affidavit deals, the case could be made quite

clear if these publications were submitted and, therefore, the affidavit

is not at all necessary.

THE PRESIDENT: Do you wish to say anything in answer to that objection?

DR. SERVATIUS: Mr. President, this affidavit is, in fact, a

supplementation of the instructions contained in Document 4006, which

the Prosecution is proposing to submit; but I did not know that this was

proposed. What we are actually concerned with here is a question which

was opened up by Speer’s examination, namely, the significance of

Speer’s Ministry as compared to Sauckel’s office: Who, of the two, was

the more powerful? Who could give orders? Who had to obey? I think the

documents will make that clear.

THE PRESIDENT: Yes, but you and the Prosecution had the opportunity of

cross-examining Speer when he was in the witness box and you could then

have elucidated anything you wanted to elucidate at that time.

DR. SERVATIUS: Yes, only the circumstances were not known to me at that

moment.

MR. DODD: Mr. President, I do not wish to press this at all, and if the

Tribunal has any doubt about it at all I will withdraw my position. I

thought it might be helpful, but it really is not important and if there

is any question I think it is better we let it go.

THE PRESIDENT: Well, the Tribunal think it is irregular to introduce new

evidence by affidavits from a person who has already been called as a

witness, and in view of the objection on behalf of the Defendant Speer,

they cannot accept the evidence.

DR. SERVATIUS: In that case, I will withdraw it. That completes my

statement of evidence. The only thing that is still outstanding is the

witness Letsch’s interrogatory, which has been granted, and the

interrogatory of the witness Bichenbach. I have no hope of still

receiving them.

THE PRESIDENT: Dr. Steinbauer?

DR. GUSTAV STEINBAUER (Counsel for Defendant Seyss-Inquart): Mr.

President, I have four documents which I beg to submit and which I have

received through the General Secretary. The Tribunal has allowed them

and the Prosecution know of them. Unfortunately, however, the

translations have not yet been completed.

The first document contains questions and answers from Director Dirk

Hannema, director of the Bovymans Museum in Rotterdam, about the alleged

plundering of art treasures. I shall give this document the Number

Seyss-Inquart-108. I shall submit the English text and the Dutch

original.

The next document is an edition of the newspaper _Nieuwe Rotterdamsche

Courant_, dated 17 May 1942, of which I have the original and a German

translation. It contains a warning regarding the shooting of hostages.

This document I shall submit in the original under Document Number

Seyss-Inquart-109.

The following document is also an edition of the same newspaper; it is

dated 10 August 1942, and it also contains an announcement regarding the

shooting of hostages. In connection with this document I should like to

draw your attention to the fact that this announcement was the result of

an order from the Military Commander in Holland, General Christiansen,

and that the Senior SS and Police Leader, Rauter, signed it. I shall

give it Document Number Seyss-Inquart-110.

The next document I received only yesterday from the General

Secretariat, and it is a copy of the interrogatory of General of the

Cavalry Von Kleffel. From 27 March 1945 until 8 April 1945, he was

Deputy Commander-in-Chief of the 25th Army in Holland. He confirms that

Reich Commissioner Seyss-Inquart, in a letter to the Führer, had

requested that the fighting should cease, in order to save the country

from being heavily damaged and also to prevent a famine. This document

is Number Seyss-Inquart-111 in my document book. This document had been

allowed by the Tribunal. I beg, therefore, that it be received in

evidence.

Today the General Secretary’s office sent me two affidavits. One comes

from the former commander of the Defense District of Scheveningen. His

name is Erwin Tschoppe. He is submitting an affidavit dealing with the

attitude and conduct of the defendant with respect to the evacuation of

the coastal area. Because of the short time at my disposal, I have not

yet been able to hand this document and the following one to the

Prosecution, but I have already informed the Prosecution that these two

documents exist. The second document is also...

THE PRESIDENT: Dr. Steinbauer, these documents, I apprehend, have not

been shown to the Prosecution?

DR. STEINBAUER: No.

THE PRESIDENT: Wait a minute; they have not been approved by the

Tribunal and one question that arises is: Are they very long? Because I

find that the Translation Division is being overloaded with very long

documents.

DR. STEINBAUER: No, it is a short document, but it appears to me to be

important, because it shows how the defendant acted during that

difficult situation and how he took care of the Dutch population.

THE PRESIDENT: If it is short and if you will submit it to the

Prosecution, then it can be translated and admitted subject to any

objection.

DR. STEINBAUER: Yes, Sir. The same applies to the following document

which I also received today. It is an affidavit of Adalbert Joppich. He

was President of the German Supreme Court in the Netherlands, and he

makes a very brief statement about the position and the attitude of the

defendant with regard to legal questions affecting the Dutch civilian

population. I beg that this document should also be admitted in evidence

and that I may use the same procedure of submitting a copy of the

translation to the Prosecution.

THE PRESIDENT: What number did you give?

DR. STEINBAUER: The Tschoppe document will be Document Number

Seyss-Inquart-112 and the Adalbert Joppich document will be Document

Number Seyss-Inquart-113. Documents allowed by the Tribunal and still

outstanding are affidavits by Bolle, Dr. Reuter, Völkers, and

Lindhorst-Homan. The General Secretariat and I are trying to obtain

these affidavits. So far it has only been possible to ascertain Bolle’s

address. Finally, I request that two applications which I have made in

writing should be granted; one concerns the obtaining of the defendant’s

NSDAP membership card which was impounded when he was arrested, and

which must be among his personal documents in the custody of the

Tribunal. A few months ago I made a request to that effect, but both

sides apparently lost sight of the matter.

THE PRESIDENT: Of course, you do not mean that it is in the custody of

the Tribunal; you may mean that it is in the custody of the military

authorities.

DR. STEINBAUER: Yes. I meant the prison administration.

THE PRESIDENT: Well, no doubt, they can reproduce it. What was the other

document?

DR. STEINBAUER: Well, Mr. President, then in the cross-examination...

COL. PHILLIMORE: My Lord, I do not want to take up Your Lordship’s time,

but that membership card, that could have been applied for months ago.

It is on the same footing as these documents which counsel has been

putting in. We have not seen them. I do not know what this card is going

to prove, but it is going to be a great deal of trouble to get it here,

just as these documents are giving a great deal of work to the

Translation Division.

THE PRESIDENT: What is the importance of the membership card? Presumably

he knows when he became a member. What relevance does the card have to

this?

DR. STEINBAUER: It is of importance because according to the war crime

law which has now been published in Austria, all members having a

membership number above 6,500,000 will not be regarded as so-called “old

fighters” or illegals. Seyss-Inquart has stated in the witness box...

THE PRESIDENT: That has nothing to do with the Tribunal. It may be

relevant in some other proceeding and before some other court but not

before this Court.

DR. STEINBAUER: Only insofar as the Prosecution had alleged that he had

been a member of the NSDAP since 1931. But, of course, I am not trying

to make difficulties. I only thought that the membership card might be

among the belongings which were taken away from the prisoner and that

one could have a look at it.

THE PRESIDENT: Yes. But did he deny that he was a member since 1931?

DR. STEINBAUER: Yes, oh, yes. He states that he did not become a member

until 13 March 1938—formally.

THE PRESIDENT: Oh, yes, formally; I remember, yes. But he had been a

member of the Austrian Nazi Party very much longer, if I remember

rightly.

MR. DODD: We will agree here and now, Mr. President, that that card

would show that he became a member, as far as the card is concerned, on

that date. I am sure that is what it will show and if it will help the

doctor, we will be glad to agree to that.

THE PRESIDENT: Very well.

DR. STEINBAUER: The last document for which I am applying is the

following: During cross-examination a document was submitted in which an

18 year-old female police clerk named Hildegard Kunze confirms that my

client caused Dutch Jews to be sterilized. Seyss-Inquart maintains that

he has never written to the Police directly, but that in three personal

letters addressed directly to Himmler, he did object to the treatment of

Jews, and that in one of his letters he mentioned sterilization. This,

presumably, was the reason why the witness mentioned it and probably she

gained knowledge of these facts because Himmler sent the original or

copy of the letters to the Main Security Office. In connection with this

important matter my client has requested me to make an attempt to have

these letters which he wrote to Himmler produced in order to disprove

the incriminating statement made by the witness Hildegard Kunze. I do

not conceal the fact that it will probably be difficult to find these

letters among the very many documents of the Main Security Office.

THE PRESIDENT: Have you made your application in writing about this?

DR. STEINBAUER: Yes, I have made a written application.

THE PRESIDENT: Giving the dates when the letters were written?

DR. STEINBAUER: Yes, everything I could ascertain regarding the dates

and the addresses is contained in my application.

THE PRESIDENT: Well, the Tribunal will consider that, but you understand

that the work involved in this sort of thing is very great indeed.

DR. STEINBAUER: Mr. President, far be it from me to underestimate the

difficulties which are connected with my application. Apart from this, I

have no further application to make.

THE PRESIDENT: We will adjourn now.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: The Tribunal will not sit in open session Saturday next,

nor will it sit in open session on any Saturday in the future unless it

gives notice that it is going to do so.

Yes, Dr. Thoma?

DR. THOMA: Mr. President, yesterday I mentioned an affidavit of Dr.

Heinz Oeppert, Reichshauptstellenleiter. I have now received this

affidavit, and I have also already conferred with Mr. Dodd about it.

I now beg the permission of the High Tribunal to submit this affidavit.

Mr. Dodd has no objections to the submission of this affidavit.

May I read a very brief passage from this affidavit, Mr. President?

THE PRESIDENT: Can you tell us what the affidavit is about?

DR. THOMA: Yes, Mr. President. This Dr. Oeppert had the Office of

Ideological Enlightenment in the office of the Führer’s deputy for the

supervision of the entire ideological and intellectual framing of the

Party. Concerning this activity and this office he testified that it

involved almost exclusively a reporting and registration of events in

this sphere.

Any active interference in the church policy of the State or the Party

would not have been possible even if they had wished it, for this office

had no executive facilities of any kind. There were constantly very

intense differences with the State and Party organizations which

participated in this sphere of activity, that is, between the Propaganda

Ministry and the Church and the SD and Party Chancellery. The

suppression of certain ideological groups and sects as well as the

measures taken against individual clergymen, as far as I know, were

taken by the SD or the Gestapo without the knowledge or authority of

this office.

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, volume 17 · 第 26 / 51 题