I think I can go on to Page 4. The witness says there under 5:

“My last mission, at Sauckel’s request, was to ascertain whether

it was possible by means of using our banking connections to

purchase an additional amount of grain in Romania and

Hungary—about 50,000 to 100,000 tons was the figure given. This

grain was to be used as additional food for foreign laborers in

the form of a light afternoon meal.”

Then he says that that project failed due to circumstances. He gives a

general impression of Sauckel, and says briefly:

“Sauckel approached that task with the energy and vigor peculiar

to him. He pointed out repeatedly what conditions were necessary

for the success of the task and repeatedly emphasized that it

was the major duty of all authorities to see that correct

treatment was given to workers at their places of employment.”

Then he describes the details:

“Above all, he demanded that foreign workers should not be given

the feeling of being imprisoned in their camps. He demanded the

removal of all barbed wire fences.”

He continues by saying:

“...Sauckel said that the workers must return to their native

countries as propaganda agents.”

Then the witness gives an important statement concerning information as

to atrocities and bad conditions. I should like to read something from

Page 6 to show what kind of person this witness Goetz is. He says...

THE PRESIDENT: What page is your excerpt from?

DR. SERVATIUS: Page 6, or Page 266 of the document book, at the top of

the page.

THE PRESIDENT: Yes. Go on.

DR. SERVATIUS: He says:

“I feel also that I should mention that following my arrest by

the Gestapo, after the affair of 20 July 1944, Sauckel spoke on

my behalf to the RSHA (Kaltenbrunner). I cannot say to what

extent my release from the Ravensbrück Concentration Camp was

brought about by this.

“I wish to state further that I did not receive from Sauckel any

material remuneration, awards, or decorations.

“I found it expedient to conceal from him my own inner political

convictions and my connections with Goerdeler and Popitz. In his

blind obedience to Hitler—and in spite of our old

friendship—he would otherwise no doubt have handed me over to

that Gestapo from which he endeavored to free me in November

1944.”

I have read this in advance and I return now to Page 265, because the

witness, who was then working on Sauckel’s staff, states his attitude to

that question which is of great interest to all of us. He says:

“Now that the extent of atrocities in concentration camps has

become known to me from publications, I ponder and rack my

brains as to how the picture drawn above can be made to tally

with the events now brought to light. Although I have thought it

over for weeks, I can find no explanation for this.”

THE PRESIDENT: What page is this? Page 265?

DR. SERVATIUS: Page 265. It is near the top of the page. Where it is in

the English text, I cannot say; but it should be Page 265.

THE PRESIDENT: Yes.

DR. SERVATIUS: “On one side I see the foreign workers, men and

women who move freely about in great numbers and associate with

the German population. Frenchmen and Belgians, with whom I spoke

out of personal interest, were usually happy to hear their

native tongue, conversed freely, hoped the war would soon end,

and criticized their work, but rarely sharply. On the other side

appears the totally unbearable sight of the recently revealed

mass atrocities. One had heard that foreign workers were tried

and sentenced—they were certainly subject to the same

arbitrariness and the same methods of punishment as were the

natives—but not that mass sentences were passed. But that

really had nothing to do with the Allocation of Labor. I find it

impossible to reconcile what I heard and what I saw in those

days with the present revelations. Either this was a development

which took place in the last year and a half, when I was not

able to observe the situation because of my arrest and my

retirement to the country, or else there existed, besides the

regular Allocation of Labor, an employment of concentration camp

inmates on a vast scale. It is also possible that Sauckel was

not able to supervise things and was not informed or that he

deceived himself with his general orders and oral statements,

which I could not comprehend.”

I considered these statements of particular importance, because the

witness stood on the side of the men of 20 July 1944 and certainly

observed carefully, and great importance has to be attached to his

judgment.

As to the questions themselves, Question Number 1 and its answer I

consider irrelevant; also, 2, 3, 4, 5, and 6. All of these are answers

which are of minor importance.

To Question Number 10, Page 276:

“Who was responsible for the billeting, treatment, and feeding

of foreign workers after they had arrived at the place of work?”

The answer is:

“The only thing I heard was that from the moment work was

started responsibility for that rested with the factory

managers, and in most cases with special employees under them.”

Question 11 is:

“What kind of orders did Sauckel issue for the treatment of

workers in the factories?”

The witness in his answer refers to the introduction which I have read.

The next questions—13, 14, 15, 16, and 17—are irrelevant.

Question 18 is:

“Did Sauckel receive reports about irregular conditions? What

measures did he take? Do you know of any individual cases?”

The answer is:

“I remember only one case. Sauckel was informed that the workers

of a certain factory were still housed in a camp surrounded by

barbed wire. I cannot recollect the name of the place or the

factory concerned. I heard that he ordered the immediate removal

of the fence.”

Then we come to the questions which are put by the Prosecution. I

consider that Question Number 1 is not relevant because it deals with

personal, unofficial relations with Sauckel, and how he became

acquainted with him. He made his acquaintance when a prisoner of war.

THE PRESIDENT: Dr. Servatius, Mr. Biddle thinks that the Prosecution

ought to be asked to read anything they wish to out of those

interrogatories.

M. HERZOG: The Prosecution, Mr. President, does not wish to read any

excerpts from this interrogatory.

THE PRESIDENT: Dr. Servatius, you know that the witness Jäger is

present, do you not?

DR. SERVATIUS: Yes, he is present.

THE PRESIDENT: You know he is present.

DR. SERVATIUS: Then, with the permission of the Tribunal, I will call

the witness Jäger.

[_The witness Jäger took the stand._]

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

DR. WILHELM JÄGER (Witness): Dr. Wilhelm Jäger.

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. SERVATIUS: Witness, during the war you worked as a doctor with the

firm of Krupp, in Essen, and were entrusted with the medical care of the

camps of foreign workers? Is that true?

JÄGER: Yes.

DR. SERVATIUS: Who put you in charge there?

JÄGER: I was appointed by the firm of Krupp which employed me when a

change in the care of foreign workers was brought about through the

public health administration having to take it over.

DR. SERVATIUS: Were you not also appointed to this post by the German

Labor Front?

JÄGER: No. The contract which the firm of Krupp made with me was made

through the German Labor Front.

DR. SERVATIUS: If I understand you correctly, you did not conclude the

contract directly with the Labor Front; but you were under obligations

to the German Labor Front, were you not?

JÄGER: I have never felt that I had anything to do with the Labor Front

in that respect.

DR. SERVATIUS: Witness, did you not continuously send reports to the

German Labor Front about the conditions in the camps?

JÄGER: That happened only in a few cases, as far as I can remember. I

generally sent these reports to the public health authorities and to the

firm of Krupp.

DR. SERVATIUS: Did you not also report to the Trade Inspection Board?

JÄGER: Not always. I reported just a few cases to the health office of

the city of Essen, but only in individual cases when it appeared

important to me that the health office should be informed.

DR. SERVATIUS: Do you know the office for public health and medical

care?

JÄGER: Yes.

DR. SERVATIUS: With what office was that connected?

JÄGER: That was in Essen.

DR. SERVATIUS: I do not mean the locality, but with what office was it

connected? Was it not with the German Labor Front?

JÄGER: I cannot say that precisely. I know only that it was a

subdepartment of the public health administration in Essen.

DR. SERVATIUS: Is it known to you that the foreign workers were under

the care and control of the German Labor Front?

JÄGER: Yes.

DR. SERVATIUS: Also with respect to their health?

JÄGER: On only one occasion did I meet a commission from the Labor Front

in my camp.

DR. SERVATIUS: Do you know the institution of Gau camp doctors?

JÄGER: An institution of that kind was to have been created in Essen,

but it did not happen. At that time, when we had just had a typhus

epidemic, I suggested to the health officer—who was then Dr. Heinz

Bühler of Mühlheim—that something of the sort should be instituted.

Then also at a meeting I spoke about my idea, but I did not hear

anything more about this Gau office for camp doctors.

DR. SERVATIUS: That will do. How many camps did you supervise?

JÄGER: That varied. First, there may have been 5 or 6, then later maybe

17 or 18, and later again it fell to a lower figure. But I am not able

at this moment to give you the exact figure.

DR. SERVATIUS: What was the nature of your task?

JÄGER: Above all, I was supposed to assure the medical care of foreign

workers.

DR. SERVATIUS: Did you have anything to do with the treatment of the

sick?

JÄGER: Only when they were brought to me and when I was in the camps. I

always concerned myself personally with individual cases in the camps

whenever I inspected them.

DR. SERVATIUS: You had not only a supervisory capacity, but you also

gave treatment yourself?

JÄGER: Whenever I was in a camp I would be consulted by the camp doctors

and I would advise them.

DR. SERVATIUS: What was the job of the camp doctors?

JÄGER: The camp doctors had their daily duty in the infirmary and the

care of the patients in general.

DR. SERVATIUS: So your work was supervisory?

JÄGER: Yes; supervisory.

DR. SERVATIUS: Witness, the Prosecution has repeatedly interrogated you

outside this courtroom?

JÄGER: Yes.

DR. SERVATIUS: You have been in Nuremberg before—in this building here?

JÄGER: Yes.

DR. SERVATIUS: Did you make an affidavit about the conditions in the

Krupp camps?

JÄGER: Yes.

DR. SERVATIUS: I will put this affidavit to you. This is an affidavit of

15 October 1945. Did you give that affidavit as a witness for the

Prosecution?

JÄGER: As far as I can remember, yes.

DR. SERVATIUS: Now I ask you to state whether you still stand by the

statements which you made at that time?

JÄGER: Yes.

DR. SERVATIUS: I shall read the statements to you: “My name is Dr.

Wilhelm Jäger. I am a physician in Essen...”

THE PRESIDENT: Dr. Servatius, we cannot have the whole document read to

him. You can put to him anything you want to challenge him upon.

DR. SERVATIUS: Very well.

[_Turning to the witness._] You say, at about the middle of the first

page:

“I began my work with a thorough inspection of the camps. At

that time, in October 1942, I found the following

conditions...”—and you go on to say—“The Eastern Workers were

housed in the following camps: Seumannstrasse, Grieperstrasse,

Spendlerstrasse, Hoegstrasse, Germaniastrasse, Dechenschule...”

THE PRESIDENT: Are you challenging that?

DR. SERVATIUS: Yes.

THE PRESIDENT: Where were these camps?

DR. SERVATIUS: Yes, that is what I want to ask him.

[_Turning to the witness._] Did these camps exist at the time, and were

they occupied?

JÄGER: As far as I can remember. One has to take into consideration that

until I started my work I did not know at all what camps existed. At a

meeting which had been called, where there were doctors of the various

nationalities, I asked first of all what camps there were. They did not

know; and then a list was procured in which the camps were given.

Then...

DR. SERVATIUS: Witness, you have mentioned the camps here by name, and

yet you are not certain that these camps existed at that time, in

October 1942?

JÄGER: I have given the camps which existed at the beginning of my

activities, as far as I could remember. I had to go to each one of these

camps personally, and I had to depend entirely upon myself.

DR. SERVATIUS: Further, concerning the food of the Eastern Workers—if

you will look at the second page of the document—you state the

following:

“The food for the Eastern Workers was completely inadequate.

They received 1,000 calories less per day than the minimum for

Germans....”

THE PRESIDENT: Dr. Servatius, below the names of the camps he says:

“...all surrounded by barbed wire and were closely guarded.” I

understand you are challenging that?

DR. SERVATIUS: Were the camps surrounded by barbed wire and closely

guarded, as it says here?

JÄGER: In the beginning, yes.

DR. SERVATIUS: But you do not know whether that was the same case in all

camps, do you?

JÄGER: The camps which I visited, where I was as yet unknown, for

instance, Krämerplatz and Dechenschule, were closely guarded, and I had

to show my credentials in order to get in.

DR. SERVATIUS: I repeat the question concerning the food. You said the

Eastern Workers received 1,000 calories less per day than the minimum

for Germans. Whereas German workers who did hard work received 5,000

calories per day, the Eastern Workers who performed the same kind of

work received only 2,000 calories per day. Is that true?

JÄGER: That was true at the beginning of my activities. The food for

Eastern Workers—as could be seen from the posted lists—had been

determined as to quantity, and there was a difference between that for

Eastern Workers and that for German workers. The 5,000 calories

mentioned here were given to specific categories of German workers who

did the hardest type of work. That was not given to everybody.

DR. SERVATIUS: Witness, I shall put to you a chart of the calories.

I submit to the Tribunal a copy of this chart. That is an exact table of

the calories to which the individual categories of workers were

entitled. It begins with 9 February 1942 and shows the individual quotas

for the various types of workers; and on the last page there is a

summary of the average quotas of calories which were allotted.

It is shown there in the summary, Group 1. Eastern Workers and Soviet

prisoners of war: Average workers, 2,156 calories; heavy workers, 2,615;

very heavy workers, 2,909; for long hours and night workers, 2,244. Are

you familiar with these figures?

JÄGER: Approximately.

DR. SERVATIUS: Will you compare that with what the German workers

received: The normal consumer, 2,846 calories; heavy workers, 3,159;

very heavy workers, 3,839; for long hours and night workers, 2,846

calories. Is that in accordance with your statement, according to which

you said that German workers doing the heaviest work received 5,000

calories, whereas the Eastern Workers received only 2,000 calories?

THE PRESIDENT: It is very hard to follow these figures unless you give

us the exact page. Are you on the last page?

DR. SERVATIUS: This is a summary.

THE PRESIDENT: Well, on which page are you?

DR. SERVATIUS: On the last page, the last sheet on the right side.

First, there are the food groups 1, 2, 3 on different pages; and then on

the last page, on the right side next to Group 3, which concerns the

Poles, there is a summary of calories for Eastern Workers, for Germans,

and for Poles. If you compare the amounts of calories here in the

columns, that should tally with what the witness has stated. He singled

out the very heavy workers and said that the Germans received 5,000

calories; the table shows that they received only 3,839. He also says

the Eastern Workers received 2,000 calories; whereas, according to the

table, they received 2,900—that is, instead of a proportion of 5,000 to

2,000, it is from 2,900 to 3,800—in round figures about 1,000 calories

and not, as the witness has said here, 3,000 calories. Is that correct?

Do you stand on your statement? A distinction has to be made...

THE PRESIDENT: I did not hear the witness’ answer.

MR. DODD: I think it would be more helpful to the Tribunal, and

certainly to the Prosecution, if it were established who made up this

chart, and whether or not the figures given here cover the camps where

this witness had jurisdiction. From looking it over I cannot tell where

it was made up, except on the front page it says:

“According to the food table by Dr. Hermann Schall, Medical

Superintendent of the ‘Westend’ Sanatorium. Calculations of

controlled foodstuffs for the camps of the firm of Krupp...”

And so on.

But these things can be made up by the bale and presented to witnesses.

Unless there is some foundation laid, I think it is an improper way to

cross-examine.

DR. SERVATIUS: I have an affidavit which can prove where that chart

comes from.

THE PRESIDENT: Have you ever seen this chart before?

DR. SERVATIUS: It is the affidavit of the witness Hahn.

JÄGER: Was a question put to me, please?

DR. SERVATIUS: The witness has the original. It is attached. May I ask

the witness to return the document to me?

JÄGER: I wanted to make a statement on this subject.

At the beginning of my activity the Eastern Workers’ food definitely

differed from that of the German people, and also from that of the

so-called western workers—the French, the Belgians, and so on. It can

be seen from the figures that, even though it may not be stated exactly,

at least there is a difference of 700 to 800 calories. In the beginning

until, I believe, February or March 1943, the Eastern Workers received

no additional rations for long hours, heavy work, or very heavy work.

These additional quotas were given only after Sauckel had ordered it;

and that was, if I remember correctly, at the beginning of 1943. At that

time, as far as I remember, the Eastern Workers were put on an equal

footing with the German workers as far as food was concerned; and they

received additional rations for long hours, heavy work, and very heavy

work, which they had not received at all before.

DR. SERVATIUS: Witness, if I understand you correctly, you want to say

that this chart may be right but that in reality the workers did not

receive what is listed on the chart. Did I understand you correctly?

JÄGER: Even from this chart you can see the difference.

DR. SERVATIUS: It was a difference of 3,000 calories which you

mentioned, whereas the table shows a difference of about 1,000 calories.

JÄGER: I said before that there were individual categories of workers

doing the heaviest type of work—such as stokers and miners—and that

they received up to 5,200 calories. That, however, was not the rule.

Only very special workers received up to 5,200 calories.

DR. SERVATIUS: Then what you say here is not correct, because you did

not mention that. You say generally that, whereas the German worker who

did the heaviest type of work received 5,000 calories, the Eastern

Workers who did the same type of work received only 2,000 calories per

day. That is, however, a general statement; and it does not show that

you are referring to exceptional cases of individual groups of workers.

Is that correct?

JÄGER: That is the way I saw it, and I believe that you understand it as

it appears here.

THE PRESIDENT: Now, where does this chart come from, and are you putting

it in? Will you put it in?

DR. SERVATIUS: In the affidavit this assertion is made, and the witness

said clearly at that time that the workers doing the heaviest type of

work received 5,000 calories if they were German, and if they were

Eastern Workers, they received only 2,000. That is a very clear

statement in the affidavit, which is not in accordance with the chart.

THE PRESIDENT: Are you offering it in evidence?

DR. SERVATIUS: Yes.

THE PRESIDENT: What will it be? What number will it be?

DR. SERVATIUS: That will be Exhibit Sauckel-11.

THE PRESIDENT: Does the affidavit refer to the chart?

DR. SERVATIUS: I asked because I questioned the correctness of the

affidavit.

THE PRESIDENT: No, I asked whether the affidavit refers to and

identifies the chart, the chart which the witness has just had in his

hand.

DR. SERVATIUS: Yes.

THE PRESIDENT: Dr. Servatius, you have put in an affidavit by Walter

Hahn. Does that affidavit mention the chart and say where the chart

comes from and by whom it was made up and to what it refers?

DR. SERVATIUS: The affidavit which is here as Document Number D-288 does

not mention the chart, but only the affidavit which I have submitted.

Now I understand it is the affidavit by the witness Hahn, and the chart

is attached; and it is covered by the affidavit made by the witness.

That document I submit in evidence.

THE PRESIDENT: I said the affidavit by Walter Hahn—does it identify and

is it attached to the chart? What page? There are seven pages, you know.

We cannot find it unless you tell us.

DR. SERVATIUS: In the German text on Page 4.

THE PRESIDENT: Well, do you mean where it says, “The amount of calories

contained in this food can be seen from the calorie table made by me

which covers the whole period of the war”? Is that what you mean? That

is on Page 4 of our copy. It is under the heading “C”: “Food Supply of

French Prisoners of War and Italian Military Internees.”

DR. SERVATIUS: It is there, as I have said before, on Page 4 of the

German text, where it says that the rations were based on calories; and

that the caloric content of the food can be seen from the calculations

made which cover the entire duration of the war. That is the document

attached.

THE PRESIDENT: But it is all right to say that the document is attached,

but it does not refer to it by any name.

DR. SERVATIUS: But the document is attached, so that it is obvious that

it must belong to it.

THE PRESIDENT: Very well.

MR. DODD: Mr. President, I do not want to be contentious about this,

but—maybe I do not understand—I think we ought to know when this

schedule was made; by whom. This affidavit says it is an appendix. Maybe

it was made by the man Hahn, but we do not know it yet; and this witness

has not testified to it, and counsel has not told us.

THE PRESIDENT: Mr. Dodd, the position is this, is it not: The man named

Walter Hahn made an affidavit annexed to this chart. That affidavit is

dated, I imagine...

MR. DODD: Yes, 1946.

THE PRESIDENT: ...after the affidavit had been made by this witness, and

replies in detail to the evidence given by this witness.

MR. DODD: Yes. What I wanted to understand fully was that this schedule,

concerning which this witness is being cross-examined, was apparently

not made up at the time when he had responsibility for these camps; and

so far it does not appear from the examination that that is so, and I

think it would have great bearing on the weight of the evidence adduced

through the cross-examination.

I would like to point out that it was the defense of Sauckel that he had

nothing to do with the feeding and care of these workers after they came

into Germany, but that it was the responsibility of the DAF. I think it

might be more helpful if counsel cleared that up, so that we would know

whether he does admit responsibility after they came in and whether that

is the purpose of this cross-examination.

THE PRESIDENT: Go on.

DR. SERVATIUS: Mr. President...

THE PRESIDENT: Wait a minute. The Tribunal does not think that you need

interrupt your cross-examination. You can go on.

DR. SERVATIUS: The Prosecution has just made that assertion as an

accusation against Sauckel. If the Prosecution today is of the opinion

that Sauckel was not responsible for the happenings in the factories but

rather the works manager was responsible and that he was not responsible

for prisoners of war but that the Armed Forces were responsible for

them, then I do not need this witness.

THE PRESIDENT: Go on with your cross-examination, please.

DR. SERVATIUS: Witness, you have made some statements concerning the

clothing of Eastern Workers. You said that they slept in the same

clothes in which they had come from the East and that almost all of them

had no overcoats and were therefore forced to use their blankets—even

in cold and rainy weather—to carry their blankets in the place of

coats.

Was it always like that, or only for a time? Was that a general

occurrence or only an individual case?

JÄGER: In order to avoid another misunderstanding I have to state again:

At the beginning of my activity I depended entirely on myself. There was

no camp command. There was nobody else to work with me. The calorie

tables as were as the clothing charts were not made until later.

The camp management which existed, according to Hahn—if I remember

correctly—was only until February or April 1943. The phase which I

intended to describe, and have described here, refers strictly to the

time when I started my work. At that time the conditions were actually

as I have described them, and I had to go by that. That also included

clothing, as I have confirmed. These people remained in the same

condition as on arrival, as far as clothing was concerned, for quite a

while; and as far as I know they did not receive anything at that time.

DR. SERVATIUS: What was done about that?

JÄGER: I reported these conditions as soon as possible. I do not

remember when. As far as I could see, the intention was to establish

tailor shops, shoe repair shops, and other work shops in the camps; and

some of them were actually established.

DR. SERVATIUS: One question. Did things generally get much better in the

course of your activities, or did they become worse?

JÄGER: They did not become worse after 1943. After, the first heavy air

raids, of course, the confusion was always very great. A great deal was

destroyed by fire. I recall that during one night 19,000 persons became

homeless; and, of course, clothes and underwear were destroyed also. It

naturally took quite some time to make up these losses.

DR. SERVATIUS: Were these conditions caused by the firm of Krupp, or by

lack of supervision on the part of the Labor Front?

JÄGER: As I have said, I saw members of the Labor Front only once in a

camp. Then that commission did actually criticize conditions. It was in

the camp at Krämerplatz, and the firm of Krupp was fined at that time,

because of the conditions. But that was the only time that I got in

touch at all with the Labor Front.

DR. SERVATIUS: Did the firm of Krupp object in any way to the

improvements, so that the Labor Front had to intervene?

JÄGER: That I cannot say. I had no influence in that respect and did not

know anything about it, because I had to deal only with medical affairs,

and did not participate in meetings of the firm of Krupp or the Labor

Front. I could only make reports.

DR. SERVATIUS: Witness, you also made statements concerning the

conditions of health; and you said that the supply of medical

instruments, bandages, medicines, and other medical equipment was

completely inadequate in these camps. Is that true, or were those

exceptional cases; or was it a condition which existed all the time?

JÄGER: That was how I found the camps in October 1942, and slowly I had

to clear up these conditions. Later, of course, there was an

improvement.

DR. SERVATIUS: You say here that the number of Eastern Workers who fell

sick was twice as high as the number of German workers; that

tuberculosis was especially prevalent; and that the percentage was four

times as high among the Eastern Workers as among the Germans. Is that

correct?

JÄGER: That was the case at the beginning when we received workers who

had not had any medical examination at all. When I went through the

camps, I heard from the camp doctors—and saw for myself on the occasion

of inspections—that very many people were sick. The figure was

considerably higher than among the Germans, as far as I could see at

that time.

DR. SERVATIUS: And what was done about that by the Krupp firm?

JÄGER: After we had found out that it was tuberculosis we had to deal

with, we made examinations in large numbers, even X-ray examinations.

Then those affected with tuberculosis were separated from the others and

put into the Krupp hospital for medical treatment.

DR. SERVATIUS: Then you mentioned typhus, and said that that was also

widespread among the workers.

JÄGER: I busied myself with that in particular, as we had about 150

cases.

DR. SERVATIUS: At what time?

JÄGER: During the entire period from 1942 to 1945.

DR. SERVATIUS: How many workers did you have during that time?

JÄGER: Oh, that varied.

DR. SERVATIUS: Give us some approximate figure.

JÄGER: Well, if I remember correctly, there may have been 23,000 or

24,000; there may have been more. Later, there were about 9,000. But

these figures varied.

DR. SERVATIUS: Do you consider it correct, if 150 people out of such a

large number are affected by typhus over such a long period of time, to

say that it was very widespread among the workers?

JÄGER: Yes, for we had no typhus at all among the German population. So

that statement may be justified. If among a population of 400,000 or

500,000—such as there was in Essen at that time—there was no typhus at

all, and if one then takes an average of 20,000, with 150 cases among

the 20,000, then that statement can quite well be made.

DR. SERVATIUS: In other words, you maintain your statement, that it is a

correct statement that typhus was widespread. You say, furthermore, that

carriers of these diseases were fleas, lice, bedbugs, and other vermin

which tortured the inhabitants of those camps. Was that true of all the

camps?

JÄGER: It was the case in almost all the camps when I began my work.

Then a disinfection station was set up by the firm of Krupp, which was

hit in an air attack immediately. It was then rebuilt, and then

destroyed a second time.

DR. SERVATIUS: You say that in cases of illness the workers had to go to

work until a camp doctor certified that they were unfit for work. In the

camps at Seumannstrasse, Grieperstrasse, Germaniastrasse, and

Kapitän-Lehmannstrasse there were no daily consultation hours, and that

at these camps the camp doctors appeared only every second or third day.

Consequently workers were forced to go to work despite illness, until a

doctor appeared. Is that correct?

JÄGER: Naturally a worker had to work unless a camp doctor certified he

was unfit. It was the same with the German population. I am a panel

doctor myself and I know that in many cases a man had to go to work if

he did not report himself sick; there was no difference in that respect.

DR. SERVATIUS: And you say that that was the case in the camps

mentioned; that there was no real consultation hour, which meant that a

man could not possibly report sick?

JÄGER: But he could go to a doctor. Because there were no doctors there,

I purposely arranged that whenever possible people should come to me

during my consultation—to me personally.

DR. SERVATIUS: But you have said here...

THE PRESIDENT: I think we had better adjourn now.

[_A recess was taken._]

DR. SERVATIUS: Witness, you just said that the workers could report ill

even when there was no doctor present, that there was some other

provision for them. Here you say that these camps were visited only

every second or third day by the competent camp doctors; that as a

consequence the workers, despite illness, had to report for work until a

doctor was actually there. Is that correct?

JÄGER: That is wrongly expressed. If anyone reported ill he had to be

taken to a doctor, or the doctor was notified.

DR. SERVATIUS: Witness, I should like to return once more to the subject

of the spreading of typhus. How many deaths resulted?

JÄGER: Only about three or four cases of death resulted, and they

occurred only because the case was diagnosed too late. I always took

personal charge of the typhus cases and had them brought to the hospital

immediately, for I was responsible for this.

DR. SERVATIUS: Then you say in another place, on Page 2:

“The plan of supplies prescribed a little meat each week. Only

Freibankfleisch could be used for this purpose, which was horse

meat, meat infected with tuberculosis, or meat condemned by the

veterinary.”

Does that mean that the foreign workers received bad meat?

JÄGER: One must define the expression “Freibankfleisch.” That was meat

which was not released for general consumption by the veterinary but

which, after being treated in a certain way, was quite fit for human

food. Even in times of peace and afterwards, the German population

bought this meat. During the war the German population received in

return for their coupons a double quantity of Freibankfleisch.

DR. SERVATIUS: Then the veterinary allowed it for consumption?

JÄGER: Meat which had been condemned at first was released for human

consumption after it had been treated in a certain manner and was then

not harmful.

DR. SERVATIUS: Then the expression “condemned by the veterinary” means

that it was first condemned and then allowed?

JÄGER: Yes, then allowed.

DR. SERVATIUS: Witness, regarding the French prisoner-of-war camp in

Nöggerathstrasse you said the following:

“This camp was destroyed in a bombing attack; and the inmates

for almost half a year were housed in dog kennels, latrines, and

old baking ovens.”

Is that correct?

JÄGER: That is how I found this camp.

DR. SERVATIUS: And you saw that yourself for a half year?

JÄGER: I was there only on three occasions. It was described to me in

that way, and I found the camp in that condition. As far as I could

determine at the time, it had been in that condition for about 4 months;

then it was rebuilt.

DR. SERVATIUS: Witness, I am interested in the dog kennels. How many dog

kennels were there? Were they really dog kennels, or was that only a

derogatory remark about some other kind of billets?

JÄGER: It was an expression of mine, because the inmates built and

hammered these huts together themselves.

DR. SERVATIUS: Is the same true of the latrines, or what does that mean?

JÄGER: That was the place where the doctor had his consultations.

DR. SERVATIUS: Was that a former latrine, or was it a latrine that was

being used as such?

JÄGER: A former latrine.

DR. SERVATIUS: Then it was a former latrine which had been rebuilt?

JÄGER: It had not been rebuilt; it was just as it had been.

DR. SERVATIUS: Was this latrine then still being used?

JÄGER: It was not being used.

DR. SERVATIUS: Then you say that there were no tables, chairs, or

cupboards in this camp.

JÄGER: That was also not the case.

DR. SERVATIUS: Witness, did you swear to this testimony which you have

seen?

JÄGER: Yes, to the one I saw before.

DR. SERVATIUS: Are you sure it is that testimony which you have just had

in your hands?

JÄGER: In my home in Chemnitz I crossed out various things in the record

of the interrogatory which was submitted to me, and initialed these

corrections...

DR. SERVATIUS: This very sentence, did you not...

THE PRESIDENT: Please do not interrupt him.

DR. SERVATIUS: Please continue.

JÄGER: I must assume that this is that corrected record.

DR. SERVATIUS: But you have it before you?

JÄGER: Yes, I have a record before me.

DR. SERVATIUS: Can you not determine which passages you crossed out?

Were there many passages like that, or was it just single words?

JÄGER: No, sometimes entire sentences.

DR. SERVATIUS: And you swore to that?

JÄGER: Yes. After I had made these changes, I swore to this record.

DR. SERVATIUS: Mr. President, I should like to call the attention of the

Tribunal to the fact that this statement was in the Krupp files at the

beginning of the proceedings, and that it was considerably shorter, and

that a number of sentences which the witness has sworn to here were

lacking in that statement. I would suggest, therefore, that the

Prosecution should submit the original, which the witness states he has

altered, so that it can be seen just what he did write. As far as I

know, he struck out at the time a few of those very statements which he

has just repeated here.

As an example, I mention that he stated that in this camp there were no

chairs, tables, or cupboards. That is a sentence which was struck out.

The witness thus had doubts at the time, and did not swear to these

facts.

THE PRESIDENT: I do not know what you are talking about. We have before

us what is called a sworn statement, which was put in evidence and which

is signed by the witness. The witness is now saying that that statement

is correct, subject to any alterations which you have extracted from him

in cross-examination.

DR. SERVATIUS: He said it might be entire sentences. I should like to

ask the Prosecution to produce the original document with the passages

crossed out, because I have seen two statements: a brief one in which

these passages are apparently left out, and a complete one, such as we

have before us, and which the witness says had been cut short.

THE PRESIDENT: All that the witness is saying, is it not, is that it was

originally submitted to him in a certain form? He made certain

alterations in it. Then, when those alterations had been made—I do not

know whether it was fair-copied or not—he then signed it and swore to

it, and that is the document that we have.

DR. SERVATIUS: Mr. President, my contention is this: The document which

we have before us does not show these crossings out. The words which

were struck out are still contained in the document.

THE PRESIDENT: You may ask the witness any question you like about it.

DR. SERVATIUS: How did you mark your alterations?

JÄGER: I crossed the passages out with ink and put my name next to the

alterations. It is difficult, of course, and today I am not able to say

what I did strike out at that time, as I did not retain a copy.

DR. SERVATIUS: Mr. President, if this document which we have before us

were reproduced correctly these crossed-out passages would have to be

shown, especially as the witness says that he put his initials in the

margin.

THE PRESIDENT: Did you sign the document after it had been fair-copied?

Witness, did you sign the document after it had been fair-copied? You

know what a fair copy is, do you not?

JÄGER: Yes. I must try to remember exactly.

The document was submitted to me. I made the alterations, and then I

signed three or four of these statements. Then these records were taken

away; and on the same day or the following day, I was in Essen and swore

to this record. Then I received a record which I read before the court.

DR. SERVATIUS: Was that a fair copy without any alterations?

JÄGER: That was a fair copy. I do not remember exactly; I really cannot.

DR. SERVATIUS: And why did you make these alterations?

JÄGER: The record came about in this way. Captain Harris came to me and

interrogated me on these matters. Notes were taken; and then Captain

Harris, I think, compiled this record and asked me to sign it.

DR. SERVATIUS: And why did you make these alterations?

JÄGER: Because I could not swear to those things—the things that I

struck out I could not swear to.

DR. SERVATIUS: Was it incorrect, or did it go too far?

JÄGER: In part it went too far, I think I can put it that way; and in

part it was incorrect—unintentionally, of course. But I had to make

those changes, and I did make them.

DR. SERVATIUS: Witness, if I show you a document in which I mark in red

the passages that you struck out, would you recognize those passages?

JÄGER: That is very difficult, for I cannot remember that.

DR. SERVATIUS: Then I have no further questions.

MR. DODD: I am not clear on this. I do not know whether counsel is

claiming that we have another document, one which we have not submitted.

I do not know of any such. We submitted the only one that came into our

possession...

THE PRESIDENT: Have you got that original, or is it with...

MR. DODD: There were a number of these made up, and they were all signed

as originals. The first was the copy made with the typewriter, the

others carbon copies. It was a joint British-American team that

interrogated the witness, and this one copy was turned over to us, and

we submitted it. That is the only one we have ever seen.

THE PRESIDENT: I see in the certificate of translation it refers to a

certificate dated 14 October 1945, signed by Captain N. Webb...

MR. DODD: Yes.

THE PRESIDENT: You will find that at the end of the document, I think.

DR. BALLAS: As former counsel for Herr Krupp Von Bohlen, I wish to make

a statement about this.

In the Krupp file which the counsel for Krupp...

THE PRESIDENT: Wait a minute. What have you got to do with it? We are

now considering the suggestion made by Dr. Servatius that this document,

which we are now considering...

DR. BALLAS: I am sorry. I did not quite follow you, Your Honor.

THE PRESIDENT: We are now considering the Document Number D-288. You

haven’t anything to do with that document.

DR. BALLAS: Yes, this document does concern me. The Krupp portfolio...

THE PRESIDENT: Wait a minute. What right have you to speak about it? You

are only a former counsel to Krupp.

DR. BALLAS: I want to help explain the matter. At present I am appearing

for Dr. Siemers, counsel for Admiral Raeder.

THE PRESIDENT: But how can you help us about the framing of the

affidavit of this witness by the Prosecution? You cannot do anything

about that.

DR. BALLAS: I just wanted to refer to the different versions of the

document.

In the Krupp file there is a Document D-288 which is considerably

shorter than this Document D-288 which has been submitted by the

Prosecution in the case of Sauckel. At the time I called Dr. Servatius’

attention to this difference, and we checked point by point just how far

the deviations went. There are thus two documents—the one original

Document D-288 and the one in the Krupp file which differs from the

document presented in the case of Sauckel.

THE PRESIDENT: But this document was signed by this witness. There may

have been some other document signed which was put in the Krupp file,

but this witness has said that he signed this document. Therefore, it

does not seem to me that it is material.

DR. BALLAS: I just wanted to call your attention to the fact that there

are two different documents.

THE PRESIDENT: Yes; thank you. Is there any other member of the Defense

that wants to ask questions of this witness?

[_There was no response._]

Then, Mr. Dodd, do you want to re-examine him?

MR. DODD: No, Sir—except that I would like to say, with respect to the

Tribunal’s question concerning this certificate of translation where the

name Captain N. Webb appears, that I am informed that refers to a

certificate which is attached to all British documents and that is a

certificate which goes along for the purpose of the translators.

Undoubtedly, that is what it is. However, I will have a search made in

the document room and clear it up. It is better that way. But my British

friends say that is so—they do send a certificate; and the only

possible explanation is that it is the certificate with a mistake in the

date. But in any event, I will look into it.

THE PRESIDENT: Has the witness had the original of that affidavit put to

him?

MR. DODD: I believe he has. I understood he had the one which is before

the Tribunal.

THE PRESIDENT: Has he acknowledged the signature?

MR. DODD: Well, I understood so. I can inquire.

[_Turning to the witness._]

Witness, you saw the signature? Is it your signature?

JÄGER: Yes.

MR. DODD: As a matter of fact, I talked to you personally on this

matter; and you told me that this was a statement you gave. Do you

remember that? Do you recall when you and I talked, and you told me this

was your statement? You looked it over and read it.

JÄGER: Yes.

MR. DODD: You read English as well as German, do you not? You have some

knowledge of English.

JÄGER: Some knowledge, yes.

THE PRESIDENT: Witness, the document is being handed to you. It is in

German, is it not?

JÄGER: It is in German.

THE PRESIDENT: And it is signed by you, is it?

JÄGER: Yes.

THE PRESIDENT: Is there any passage in it which you want to strike out

of it?

JÄGER: May I read the document first?

THE PRESIDENT: Yes; you may read it as quickly as you can.

MR. DODD: While the witness is reading the document, I should like to

inform the Tribunal that we made a call to the document room and have

been told by the officer there that there is only one Document D-288,

and this is it; there is no duplicate signed, as counsel for Krupp

stated.

JÄGER: Yes, here there is an alteration which is written in pencil, on

Page 2. I crossed that out, but that was not written by me.

DR. SERVATIUS: Mr. President, may I submit the document which I received

from the counsel for Krupp at the beginning? I also have here an English

document, Document Number 288 and the passages which allegedly were

crossed out at the time have been marked by me in red. I should like to

submit this document for the information of the Court; I believe it will

help in clarifying this matter. There are many passages struck out.

THE PRESIDENT: No, Dr. Servatius, that is a different document, as I

understand it.

DR. SERVATIUS: Yes.

THE PRESIDENT: We do not need that. We have this document before us,

signed by the witness; and we have asked him whether he has anything in

it which he thinks did not form part of the original document which he

signed.

JÄGER: On Page 1 it says, “Conditions in all these camps were extremely

bad.” I would have probably limited this statement, because I...

THE PRESIDENT: Wait a minute, Witness, we do not want to know whether

you think you expressed yourself too strongly. We only want to know

whether the document represents the document which you

signed—accurately represents the document which you signed. If there is

anything which you want to change now, you can say what it is.

JÄGER: The record, as it is before me, I would not change in any way.

THE PRESIDENT: Just one or two questions I want to ask you. Were

prisoners of war employed at Krupp’s during the time you were

supervising these camps?

JÄGER: I did not supervise the prisoner-of-war camps. That is a wrong

expression. I received the permission to visit the prisoner-of-war camps

which were under the sole jurisdiction of the Wehrmacht, and I was told

that these prisoners of war were all working for Krupp.

THE PRESIDENT: Were any of the people who were working at the camps,

which you mentioned in this, prisoners of war?

JÄGER: In Hoegstrasse.

THE PRESIDENT: Prisoners of war were working there, were they?

JÄGER: Yes.

THE PRESIDENT: Krupp’s?

JÄGER: For the Krupp Works, yes.

THE PRESIDENT: What sort of work was it?

JÄGER: These things were not under my jurisdiction. It depended on their

trade—locksmiths probably worked in the locksmith shop. But there were

also many unskilled laborers. But I am naturally not able to give you

all the details; these matters were not under my jurisdiction. I was

concerned with these people only in my capacity as a physician.

THE PRESIDENT: Very well.

[_The witness left the stand._]

MR. DODD: Mr. President, I have found that certificate; and it is as I

described it for the Tribunal. It is a certificate by Captain Weber of

the British Army service that he received a copy of this document from

the American team; and it is signed by him, Captain H. Weber, IMT Corps,

British Army, European Sector.

THE PRESIDENT: Is that your case then, Dr. Servatius?

DR. SERVATIUS: Yes. There are two more witnesses, Biedermann and

Mitschke. I can dispense with both of these witnesses.

Then we still do not have the sworn affidavits, the interrogatories from

Dr. Voss, Dr. Scharmann, a witness by the name of Marenbach, and the

witness Letsch, who was an expert in Sauckel’s office. We have received

interrogatories from the witnesses Darré and Seldte, but these have not

been translated as yet. I shall submit them as soon as they have been

translated.

THE PRESIDENT: Very well.

DR. SERVATIUS: Then I have concluded my case.

THE PRESIDENT: Now, counsel for the Defendant Jodl.

DR. EXNER: Your Honors, with your kind permission I shall present my

case in the following manner. First of all, I shall call the Defendant

Jodl to the stand and use all documents, with a single exception, during

his examination, and submit them to the Court.

I do not need to bore the Tribunal with lengthy readings. I have three

document books which are numerically arranged, Jodl 1, Jodl 2, and so

forth—and I shall in each case quote the page which is found in the

upper left-hand corner on every page of the translation. The numbering

is the same as in the original; they correspond. I am sorry to say that

the documents are not exactly in the order in which I shall read them,

and this is due partly to the fact that they were received too late and

partly to other factors. I still do not have several interrogatories,

particularly one which is very important to me. I hope that I shall be

able to submit them later. I was granted five witnesses, but I can

dispense with one of them. The four remaining witnesses will take up

little time.

Now, with the kind permission of the Tribunal, I should like to call the

Defendant Jodl to the witness box.

[_The Defendant Jodl took the stand._]

THE PRESIDENT: Will you state your full name?

ALFRED JODL (Defendant): Alfred Jodl.

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. EXNER: Generaloberst Jodl, in the English-American trial brief it

says that you are 60 years old. That is a mistake. You became 56

recently. You were born when?

JODL: I was born in 1890 on 10 May.

DR. EXNER: You were born in Bavaria, and both of your parents are

descended from old Bavarian families. You chose the military profession;

what was the chief reason for your choice?

JODL: A great-grandfather of mine was an officer; my father was an

officer; an uncle was an officer; my brother became an officer; my

father-in-law was an officer—I can well say that the military

profession was in my blood.

DR. EXNER: And now I should like to hear something about your political

attitude. To which of the political parties which existed in Germany

before 1933 were you closest in spirit?

JODL: As an officer all party politics were entirely remote to me; and

especially the offshoots of the post-war period. If I look at the

background from which I come, the attitude of my parents, I must say

that I would have been closest to the National Liberal Party and its

ideas. In any event, my parents never voted anything but National

Liberal.

DR. EXNER: Tell us in a few words what your attitude was to the Weimar

Republic.

JODL: True to my oath I served the Weimar Republic honestly and without

reserve. If I could not have done that, I would have resigned. Moreover,

a democratic system and a democratic constitution was not at all a

foreign idea to us southern Germans, for our monarchy was also

democratic.

DR. EXNER: And what were your relations to Von Hindenburg?

JODL: I knew Hindenburg. I was assigned to him after his first election

to the Reich Presidency when he spent his first vacation in

Dietramszell. Then I spent a day with the Hindenburg family at their

Neudeck estate together with Field Marshal Von Manstein. I can only say

that I admired him; and when he was elected Reich President for the

first time, I considered that the first symptom of the German people’s

return to self-respect.

DR. EXNER: What was your attitude toward the National Socialist Party?

JODL: The National Socialist Party I hardly knew and hardly noticed

before the Munich Putsch. It was this Putsch which dragged the

Reichswehr into this internal political development. At that time, with

few exceptions, it met this test of obedience. But after this Putsch

there was a certain cleavage in the views of the officers’ corps.

Opinions varied as to Hitler’s worth or worthlessness. I was still

extremely skeptical and unconvinced. I was not impressed until Hitler,

during the Leipzig trial, gave the assurance that he was opposed to any

undermining of the Reichswehr.

DR. EXNER: Did you attend meetings at which Hitler spoke?

JODL: No, never.

DR. EXNER: Tell us which leaders of the Party you knew before 1933.

JODL: I knew only those who had previously been officers: for example,

Epp, Hühnlein, and Röhm. But I no longer had any connection or contact

with them after they had left the Reichswehr.

DR. EXNER: Before the seizure of power had you read the book _Mein

Kampf_?

JODL: No.

DR. EXNER: Did you read it later?

JODL: I read parts of it later.

DR. EXNER: What was your opinion on the Jewish question?

JODL: I was not anti-Semitic. I am of the opinion that no party, no

state, no people, and no race—not even cannibals—are good or bad in

themselves, but only the single individual. Of course I knew that Jewry,

after the war and in the moral disintegration that appeared after the

first World War, came to the fore in Germany in a most provocative

fashion. That was not anti-Semitic propaganda; those were facts, which

were regretted very much by Jews themselves. Nevertheless, I was most

sharply opposed to any outlawing by the state, any generalization, and

any excesses.

DR. EXNER: The Prosecution asserts that all the defendants cried,

“Germany awake; death to the Jew.”

JODL: As far as I am concerned, that assertion is wrong. At every period

of my life I associated with individual Jews. I have been a guest of

Jews, and certain Jews have visited my home. But those were Jews who

recognized their fatherland. They were Jews whose human worth was

undisputed.

DR. EXNER: Did you on occasion use your influence on behalf of Jews?

JODL: Yes, that too.

DR. EXNER: Did you know that the Reich Government in the year 1932

counted on the possibility of attempts to overthrow it and sought to

save itself in this direction?

JODL: I certainly knew that, for when I came to Berlin at that time I

did not find in the later operational division any preparations for war;

but I found preparations for the use of the Reichswehr in the interior

of the country, against the extreme leftists as well as the extreme

rightists. There were plans for maneuvers of some sort in that

connection in which I myself participated.

DR. EXNER: What was your attitude to the appointment of Hitler as Reich

Chancellor in the year 1933?

JODL: The appointment of Hitler as Reich Chancellor was a complete

surprise to me. That evening when I was returning home with a comrade,

through the excited crowds, I said to him, “This is more than a change

of government; it is a revolution. Just how far it will lead us we do

not know.” But the name of Hindenburg, who had legalized this

revolution, and the names of such men as Von Papen, Von Neurath,

Schwerin-Krosigk exerted a reassuring influence on me and gave me a

certain guarantee that there would be no revolutionary excesses.

DR. EXNER: At this point I should like to read a part of General

Vormann’s interrogatory. This is Page 208 of the third volume of my

document book. I should like to call the attention of the Tribunal to

the fact that Page 208 in the upper left hand corner—I submit the

original—refers to the period from 1933 on. Jodl was then at the group

headquarters (Gruppenamt), and Vormann was in his group. I read under

Figure 2:

“Jodl, who at that time was a major on the General Staff, was my

group (Gruppe) leader in 1933. He shared completely the view of

the Chief of the Army Command at that time, General Von

Hammerstein, and was thoroughly opposed to Hitler and the

Party.”

I shall now skip a few lines; they are not so important. Then in the

center of the page, I continue:

“When on 30 January 1933 Hitler was appointed Reich Chancellor,

Jodl was dismayed and astonished. I clearly recall that on 30 or

31 of January, at his request, I had to call together the

officers of his group for a conference. At this conference he

explained that Hitler had been called to be the head of the

Reich according to the existing constitution and the laws in

force. It was not for us to criticize this, particularly the

behavior of Reich President and Field Marshal Von Hindenburg. We

must obey and do our duty as soldiers. The kind of criticisms

made hitherto, of the new measures initiated by the new

chancellor, were not to be made in future for they were

inconsistent with his and our own position.

“His entire speech showed great worry and apprehension with

regard to the coming development of the situation...” and so

forth.

THE PRESIDENT: Dr. Exner, this would be a convenient time to break off.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: Now, Sir David, you were going to show these

applications.

SIR DAVID MAXWELL-FYFE: Yes, My Lord.

I wonder if I might leave, for the moment, Number 1, which my friend

General Rudenko will deal with, because he will deal with another one;

and if I might deal with the ones which I have?

THE PRESIDENT: Yes.

SIR DAVID MAXWELL-FYFE: The second one is on behalf of Defendant

Kaltenbrunner and is an application to cross-examine three witnesses

whose affidavits were used by the Prosecution. The first is

Tiefenbacher, and he dealt with conditions at Mauthausen; the second,

Kandruth, who dealt with the same subject; the third, Stroop, dealt with

the reception of orders from the Defendant Kaltenbrunner by Stroop as SS

and Polizeiführer in Warsaw. The Prosecution submits that in these cases

cross-examination by way of interrogatories would be sufficient. Next, I

do not know if...

THE PRESIDENT: Interrogatories are all they asked for, certainly in the

case of—in all three.

SIR DAVID MAXWELL-FYFE: We will have no objection to

cross-interrogatories as long as they are not brought here as witnesses.

My Lord, the next application is on behalf of the Defendant Von Neurath

to use M. François-Poncet as witness. The Prosecution will be grateful

if the Tribunal would allow that to stand over for a day or two, as my

French colleagues are awaiting instructions from Paris at the moment and

they have not got a reply yet. I do not think it will prejudice the

Defendant Von Neurath’s case. It will be time for a reply before there

is any difficulty as to time.

Then, My Lord, the next is an application on behalf of the Defendant Von

Schirach. I think that all that is now wanted is to use an affidavit

from Dr. Otto Wilhelm von Vacano. The affidavit is 12 pages long and is

a highly academic statement on the educational philosophy underlying the

Adolf Hitler Schools. The Prosecution feel that the matter has been

thoroughly covered by the Defendant Von Schirach himself and also by his

witnesses Hoepken and Lauterbacher, and they feel that the affidavit

would be cumulative and repetitive. But, of course, it is an affidavit;

it is not a question of an oral witness, and if the Tribunal feel that

they ought to have it, the Prosecution do not wish to press their

objection unreasonably.

THE PRESIDENT: Has the affidavit been translated yet?

SIR DAVID MAXWELL-FYFE: Well, I have certainly got an English—I have

read the English translation of it, My Lord, so I assume that it has

been translated into the other languages.

The next, applications from the Defendants Hess and Frank to put an

interrogatory to General Donovan. If I may put the objection quite

shortly, that raises the same point as the application on 2 May 1946 for

Mr. Patterson of the United States War Department. The objection of the

Prosecution is the same as I made on that occasion, that when you are

cross-examining a witness as to credibility you are bound by his answer,

and should not, in the opinion of the Prosecution, be allowed to call

evidence to contradict him. So it is on exactly the same point, the

relationship between the witness Gisevius and the United States Office

of Strategic Services.

The next application is on behalf of the Defendant Speer for the

approval of certain documents which are in his possession. The

Prosecution have no objection to the application. They reserve the right

to make any individual objection when the documents are produced at the

Trial.

My Lord, the next is a purely formal application on behalf of the

Defendant Jodl, whose case is now before the Tribunal, to use an

affidavit of Dr. Lehmann. There is no objection to that.

Next is the application on behalf of the Defendant Hess...

THE PRESIDENT: Sir David, that application we have already heard. We

have heard the arguments for that in full and the Tribunal will consider

that.

SIR DAVID MAXWELL-FYFE: If Your Lordship pleases.

Then I think that only leaves an application of the Defendant Keitel for

the use of a decree of Hitler of 20 July 1944, and the Prosecution has

no objection to that.

My Lord, I think I have dealt with every one except the first one, which

my friend General Rudenko will deal with—the application of the

Defendant Göring.

GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.S.R.): Members of

the Tribunal, the Soviet Prosecution have several times expressed their

view respecting the application of Defense Counsel to call witnesses

with regard to the mass shooting of Polish officers by the Fascist

criminals in Katyn Forest. Our position is that this episode of criminal

activity on the part of the Hitlerites has been fully established by the

evidence presented by the Soviet Prosecution, which was a communication

of the special Extraordinary State Commission investigating the

circumstances of the mass shooting of Polish officer prisoners of war by

the German Fascist aggressors in Katyn Forest. This document was

presented by the Soviet Prosecution under the Document Number USSR-54 on

14 February 1946, and was admitted by the Tribunal; and, as provided by

Article 21 of the Charter, it is not subject to argument.

Now the Defense once again are putting in an application for the calling

of three supplementary witnesses—a psychiatrist, Stockert; a former

adjutant of the Engineer Corps, Böhmert; and a special expert of the

staff of the Army Group Center, Eichborn.

We object to the calling of these three witnesses for the following

reasons:

The calling of the psychiatrist Stockert as a witness must be considered

completely pointless as the Tribunal cannot be interested in the

question of how the commission drew its conclusion—a conclusion which

was published in a Hitlerite _White Book_. No matter how this conclusion

was drawn, the fact of the mass shooting of Poles by Germans in Katyn

Forest has been unequivocally established by the Soviet Extraordinary

State Commission.

Stockert himself is not a doctor of forensic medicine but a

psychiatrist—at that time a member of the Hitlerite commission, not on

the basis of his competence in the field of forensic medicine, but as a

representative of the German Fascist military command.

The former adjutant, Captain Böhmert, is himself a participant in the

crimes of Katyn Forest, having been a member of the Engineer Corps which

carried out the executions. As he is an interested party, he cannot give

any useful testimony for clarifying the circumstances of this matter.

Third, the expert of the staff of the Army Group Center also cannot be

admitted as a witness because he, in general, knew nothing at all about

the camp of the Polish prisoners of war, and could not have known all

that pertained to the matter. The same reasons apply to his potential

testimony to the fact that the Germans never perpetrated any mass

shooting of Poles in the district of Katyn. Moreover, Eichborn cannot be

considered an unprejudiced witness.

Regardless of these objections which express the opinion of all the

prosecutors, the Soviet Prosecution especially emphasize the fact that

these bestial crimes of the Germans in Katyn were investigated by the

special authoritative State Investigating Committee, which went with

great precision into all the details. The result of this investigation

has established the fact that the crimes in Katyn were perpetrated by

Germans, and are but a link in the chain of many bestial crimes

perpetrated by the Hitlerites, a great many proofs of which have

previously been submitted to the Tribunal.

For these reasons the Soviet Prosecution categorically insists on the

rejection of the application of the Defense Counsel.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 15 · 第 111 / 130 题