I believe that this explains the question of documents.

THE PRESIDENT: I am not quite clear as to whether you are suggesting

that the Tribunal should call the panel of experts or whether you would

like to designate the persons who would form that panel.

DR. FLÄCHSNER: The selection of experts I wish to place in the hands of

the Tribunal. At the moment I myself should not have the opportunity of

finding a suitable person. I am fully aware, though, that in the

department of economic warfare there were persons who would be very

suitable as experts and who have the knowledge which is necessary in the

judgment of these questions.

THE PRESIDENT: Then, supposing that the Tribunal were not to accept your

contention as to appointing a panel of experts, there is nobody whom you

wish to add to your list of interrogatories?

DR. FLÄCHSNER: I believe not, Mr. President. I have only one more

request. This expert should voice an opinion as to whether the figures

given by Mr. Deuss in his affidavit—Document Number 2520-PS—would

stand up under close examination. In this affidavit Mr. Deuss stated

statistically how many of all the workers employed in Germany were

foreign workers in the armament industry, _et cetera_.

Important technical objections can be raised to the method of figuring

used by Mr. Deuss. If the Tribunal is not to grant the use of an expert

in this matter, I wish to ask for permission to submit certain questions

to Mr. Deuss, in the form of an interrogatory, naturally, in order to

give him the opportunity of checking his figures.

The affidavit as given by Mr. Deuss and the statements contained therein

were considered relevant by the Prosecution at the time; I assume that

the objections made to Mr. Deuss’ figures will also be considered

relevant. I should then have to ask permission to call Mr. Deuss’

attention, by means of an interrogatory, to these points which in my

opinion are technically incorrect.

THE PRESIDENT: Thank you.

COL. POKROVSKY: Please forgive me. I have not had the time to exchange

opinions on the subject with my friend, Sir David, and my other

colleagues. Therefore, at the present time, I am merely expressing the

point of view of the Soviet Delegation on the subject of experts.

I do not consider that the appointment of a board of experts would be a

method of solving the problem which could be recognized as correct. We

would object to the introduction of experts for the clarification of the

circumstances interesting the Defendant Speer and his counsel, as set

forth in the document submitted by them. We do not consider it right

that a question like the procedure governing the request for manpower

for Speer’s ministry, and the ratification of this request by Sauckel,

as well as the allocation of workers by the competent local labor

offices should call for the findings of a board of experts. We do not

consider it right that questions of technical productions, as emanating

from Speer’s ministry, should call for expert opinion.

I could say as much with regard to all the subsequent points. We are

inclined to defend the point of view that all these problems can be

adequately elucidated by the high Tribunal, and this without the

intervention of experts. Therefore the Soviet Prosecution objects to the

granting of this claim and requests the Tribunal to reject the

application for a board of experts.

THE PRESIDENT: I call upon counsel for the Defendant Von Neurath.

SIR DAVID MAXWELL-FYFE: May it please the Tribunal, with regard to the

witnesses of the Defendant Von Neurath, the Prosecution makes no

objection to Number 1, Dr. Koepke, who was the director of the political

division in the Foreign Office.

Then, Number 2, Dr. Gauss, is the witness who has already been granted

for the Defendant Ribbentrop.

With regard to the third, Dr. Dieckhoff, the Tribunal granted this

witness on the 19th of December, but the Prosecution, having considered

the basis of the present application, respectfully suggests that it

might be covered by interrogatories.

DR. OTTO FREIHERR VON LÜDINGHAUSEN (Counsel for Defendant Von Neurath):

Mr. President, I agree, and I have already worked out an interrogatory

which will be submitted to the General Secretary today; but I wish to

reserve the right of asking under certain circumstances that, when the

interrogatory is returned to me, the witness nevertheless be heard in

person before the Tribunal. In principle I agree, however, to his being

heard by means of an interrogatory.

SIR DAVID MAXWELL-FYFE: Much obliged. And the same view is taken by the

Prosecution of Number 4, the witness Prüfer; again it seemed to be

largely a historical matter and they suggested an interrogatory. There

is no objection to the evidence of the witness being brought before the

Court.

DR. VON LÜDINGHAUSEN: This interrogatory has already been submitted by

me to the General Secretary several weeks ago. I assume that it will be

returned to me, answered, within a reasonable period of time.

SIR DAVID MAXWELL-FYFE: Then, Number 5 is Count Schwerin von Krosigk,

who was Finance Minister for a long period of years in the Government of

the Reich. If the Tribunal would be good enough to look at the

application which Dr. Von Lüdinghausen has put in: He says this witness

is most accurately informed about the personality of the defendant, his

political viewpoints as well as the basic thoughts and aims of the

policy of peace carried on by the defendant, and his avoidance of all

use of force as well as his endeavors for the maintenance of peace, even

after being Foreign Minister, and about his opinion of National

Socialism and about the happenings in the Cabinet session of 30 January

1937.

The Prosecution felt that these matters were really emphasizing points

that the defendant would speak on, and that it was difficult to see that

Count Schwerin von Krosigk was being asked to speak on any particular

point that was an issue. Therefore, again, they would suggest that an

interrogatory would be sufficient for the purpose of the defense.

DR. VON LÜDINGHAUSEN: I do not believe that an interrogatory will serve

the purpose that I wish to accomplish, for several sectors of the

activity of the Defendant Von Neurath are dealt with, in regard to which

the witness is to give us information.

For instance, the Indictment asserts that Defendant Von Neurath acted as

a sort of Fifth Column in the ranks of the conservative, that is, the

German National Party. In regard to the fact that this is not true, the

witness named by me, Count Schwerin von Krosigk, can give extensive

information; and I attach importance to having this take place before

the Tribunal in such a way that the Tribunal may have an idea also of

the atmosphere in the ranks of the parties of the Right at the time

these things took place.

A further subject for his hearing is the question of the outstanding

manner in which the Defendant Von Neurath intervened, although he was no

longer Foreign Minister at the time, in order to bring about the

conference at Munich in September 1938, and the measure in which he had

an effect on the outcome of this conference which, at that time, was

generally considered a happy one.

I should consider the summoning before the Tribunal of this witness, who

is present in Nuremberg, and who will therefore not have to be brought

from another city, important.

SIR DAVID MAXWELL-FYFE: I do not desire to say anything more on that

point.

Then, Field Marshal Von Blomberg is, we understand, ill, and there will

be an interrogatory.

Number 7, Dr. Guido Schmidt, is the same witness as was dealt with this

morning in the case of Seyss-Inquart. He is an Austrian ex-Foreign

Minister. I made no objection in the case of Seyss-Inquart and I make no

objection now, of course.

Lord Halifax has been the subject of interrogatories.

DR. VON LÜDINGHAUSEN: The interrogatory has already been sent to Lord

Halifax, as I have been told by the General Secretary.

SIR DAVID MAXWELL-FYFE: Dr. Mastny, who was the Czechoslovakian

Ambassador in Berlin, came into the case in that the Prosecution put in

a letter from Jan Masaryk describing a visit of Dr. Mastny to the

Defendant Von Neurath. Of course, if there is any issue as to that

report—its not being true—then there would be some reason for calling

him as a witness; but if it is merely a question of clarifying it, I

should believe an interrogatory would be sufficient.

DR. VON LÜDINGHAUSEN: I agree to an interrogatory in this case.

SIR DAVID MAXWELL-FYFE: Then with regard to the next witness, Dr.

Stroelin—if the Tribunal would consider that along with Number 12, Dr.

Wurm—I understand that the Tribunal granted Number 12 on the 19th of

December as an alternative to Stroelin, giving the choice between the

witness Stroelin and the witness Wurm. Dr. Stroelin is Oberbürgermeister

of Stuttgart. I do not know if Dr. Seidl can tell the Tribunal if it is

the same Dr. Stroelin he desires in the case of Hess.

DR. VON LÜDINGHAUSEN: Yes.

SIR DAVID MAXWELL-FYFE: Dr. Von Lüdinghausen tells me that he is, so the

Tribunal might note that point—that that witness will also be asked for

by Dr. Seidl in the case of Hess—and therefore I should suggest that we

might leave that undecided for the moment. If the Tribunal grant it in

the case of Hess, of course, Dr. Von Lüdinghausen will automatically

have the advantage of this witness; and if he is not granted—and I do

not know whether Dr. Von Lüdinghausen feels strongly about his personal

presence—I am not the Court—I do not feel very strongly on the point

myself. Do you want to be heard?

DR. VON LÜDINGHAUSEN: I quite agree that I should make this decision at

that time when the question is settled as to whether the witness is

granted to another defendant or not. I should like to make the following

remark. . .

THE PRESIDENT: One moment. Which witness?

SIR DAVID MAXWELL-FYFE: Number 10, Dr. Stroelin.

THE PRESIDENT: If Dr. Stroelin were granted would you require Dr. Wurm

at all, Number 12?

DR. VON LÜDINGHAUSEN: Mr. President, I do not insist on Dr. Wurm’s being

heard in person at Nuremberg. Bishop Wurm has already told me that he

would give me the information requested in the form of an affidavit. I

should ask for permission to submit this affidavit to the Tribunal. I do

not insist on his being heard in person.

SIR DAVID MAXWELL-FYFE: It is merely cumulative, Number 10, but if it is

felt that an affidavit would help—it will be along the same lines—I

shall not press an objection.

Now, Number 11. The Prosecution felt, with regard to the witness

Zimmermann, that he was really speaking on the contents of the

defendant’s mind. If I might read the first five lines:

“The witness is in a position to give information about the

personality, the character, and the philosophy of the defendant,

as well as about the fact that he entered the Cabinet only at

the express request of the Reich President Von Hindenburg, and

that he remained in the Cabinet after the latter’s death because

he was a convinced friend of peace and an opponent of any policy

pointing toward force or war, and that because of this reason he

handed in his resignation as Reich Foreign Minister soon after 5

November 1937; also about the reasons because of which he

declared himself ready to take over the office of Reich

Protector of Bohemia and Moravia.”

It would appear that these are all matters which Dr. Zimmermann has

heard from the defendant. I do not really think it helps the defendant’s

case any further. The Prosecution therefore felt that that witness was

irrelevant.

DR. VON LÜDINGHAUSEN: I should like to request that he be heard here.

The witness has been a very intimate friend of Defendant Von Neurath for

many, many years. The defendant considered him somewhat as a father

confessor and informed him of everything which oppressed him. From this

information the witness has a very clear impression of events and

happenings. Thus this lawyer, Dr. Zimmermann, is very closely informed

about the incidents that took place in September 1932, when Von Neurath

entered the newly-formed Cabinet of Von Papen upon the express desire of

the then Reich President Von Hindenburg. The witness is informed of the

fact that Defendant Von Neurath did not wish to accept the call, and

that it took very earnest persuasion on the part of the Reich President

Von Hindenburg, concerning his patriotic and personal duty, before the

defendant could be moved to assume the office of Reich Foreign Minister.

This witness also knows the motives because of which the defendant after

the death of the Reich President considered it his duty, in response to

a wish expressed previously by the Reich President, to remain in office,

and in that way to fulfill the wishes of the Reich President.

He also knows very well what a really devastating effect it had on Von

Neurath when, on 5 November 1937, Hitler for the first time came to the

fore with martial intent. Witness Zimmermann also knows very exactly the

reasons which moved the defendant after very long deliberation to assume

the office of Reich Protector. The witness also is very well informed

not only about the difficulties confronting the position of Reich

Protector, but also about the attitude of the defendant to the problems

in the Reich Protectorate. These matters are all of decisive importance

so far as a judgment of the defendant is concerned, and I do not believe

that even an affidavit or minutes of interrogation which has been worked

out with the greatest care can have the same weight as a personal

hearing of the witness. For these reasons I request that this witness,

who has already given me his assurance that he will be glad to come here

from Berlin, be granted me. We do not have to find him; he is a

practicing lawyer and notary in Berlin.

SIR DAVID MAXWELL-FYFE: I do not wish to add to that. That leaves one

point, My Lord, the two witnesses, 13 and 14. The first one, Dr.

Völkers, was the chief of the Cabinet of Defendant Von Neurath in

Prague. He has not been located. The second, Von Holleben, was. . .

DR. VON LÜDINGHAUSEN: This witness is in an internment camp at

Neumünster, and I indicated the exact address.

SIR DAVID MAXWELL-FYFE: Then I think the submission of the Prosecution

is that one of these witnesses is suitable, and that it would be

unnecessary to call the second witness if Dr. Völkers is available. That

is my point.

DR. VON LÜDINGHAUSEN: I quite agree, but I ask you to consent to witness

Consul Von Holleben’s being heard by means of an interrogatory.

THE PRESIDENT: It is now a quarter to 1; we will adjourn until 2.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: It appears probable that the Tribunal will finish the

applications for witnesses and documents before the end of the sitting

today, but they do not propose to go on with the case against the

Defendant Göring until tomorrow. They will take that case at 10 o’clock

tomorrow morning.

SIR DAVID MAXWELL-FYFE: May it please the Tribunal, with regard to the

documents applied for by the Defendant Von Neurath, Paragraph 1 requires

no comment.

Paragraph 2 refers to documents which Dr. Von Lüdinghausen has in his

possession. If they are treated in the usual way and extracts are made,

I have nothing further to say.

Then we come to documents that are not yet in his possession. Number 1

and Number 4 are minutes of the Disarmament Conference in 1932 and in

May 1933 respectively. I am afraid I do not know what the difficulty has

been in obtaining those documents, and if there is any way in which the

Prosecution can help, they will.

DR. VON LÜDINGHAUSEN: Concerning Document Number 1 I was able to find,

in the meantime, in one of the documents which referred to the

Disarmament Conference, a copy of this document which is important for

me, namely, the resolution about Germany’s equality of rights. If the

document which I have asked for is not here in time, I am nevertheless

in the position of having to submit an excerpt from this German book.

However, that does not apply to Number 4, and I should like to be able

to get that.

SIR DAVID MAXWELL-FYFE: Number 2 is a request for the interrogation of

Karl Hermann Frank.

The ruling of the Tribunal was that only the portions of interrogations

of defendants used by the Prosecution might be re-used. If any portions

of this interrogation were used by the Soviet Prosecution, and I

confess. . .

THE PRESIDENT: One moment, please, Sir David. As I understood you, you

did not state our ruling quite accurately.

SIR DAVID MAXWELL-FYFE: I am sorry, My Lord.

THE PRESIDENT: I think our ruling was that if the Prosecution put in any

part of an interrogation of a defendant, then the defendants would have

the opportunity of using any other part of the interrogation, treating

the interrogation as one document.

SIR DAVID MAXWELL-FYFE: I am very grateful to Your Lordship. That was

the rule so far as defendants are concerned, but Karl Hermann Frank is

not a defendant.

THE PRESIDENT: Oh, I see.

SIR DAVID MAXWELL-FYFE: And any portion that has been used would have

appeared in the ordinary way in the document book of whichever

delegation had used it. The general interrogation was taken, of course,

not only for the Prosecution’s purpose at this Trial, but also for the

purposes of the Czech Government, in the trial of Karl Hermann Frank

himself. Therefore, what I suggest is that Dr. Lüdinghausen put

interrogatories to Karl Hermann Frank, on whatever points he wants to

raise. The Prosecution would have no objection to that.

DR. LÜDINGHAUSEN: Mr. President, may I make the following reply?

These minutes of the four interrogations of Karl Hermann Frank are

mentioned and discussed in Exhibit Number USSR-60, which has been given

to me and which contains the indictment made by the Czech Government.

I cannot judge to what extent these interrogations are important in

reference to my client, the Defendant Von Neurath, as Reich Protector,

or whether they have to do with a later period. For that reason I have

asked that these protocols be made available to me. I know that Karl

Hermann Frank has also been questioned about the document concerning the

meeting in Prague on a policy of Germanization of the Czech country. To

this document, which was presented, that is to say, which is contained

in a report of General Friderici, reference is made in the respective

minutes.

Now, I know that Frank once made a report to the Reich Protector in

which he labeled all the opinions and proposals—which actually,

however, were never put into actions—ridiculous and declared them to be

impossible. Therefore, it is important for me to know just what is said

in these minutes which the Czech indictment has drawn on at this point.

If nothing is contained therein, then, of course, I shall dispense with

these minutes, but I have to examine them myself. It is, therefore,

important for me to see these minutes, at least, and then to present

from them whatever is of importance for me.

THE PRESIDENT: Sir David, would you have any objection to counsel for

Von Neurath seeing these interrogations?

SIR DAVID MAXWELL-FYFE: I should have to consult the Czech Government

before I could agree, because, frankly, I have not gone through the

parts which we were not concerned with in this case, and I do not know

on what subjects the interrogation was based.

THE PRESIDENT: But treating the matter as a matter of principle, if a

certain document or a part of a document is used, ought it not to be

open to the defendants to use the rest of the document?

SIR DAVID MAXWELL-FYFE: I should have thought it a matter of principle,

My Lord, only if there were connected parts. I think that is the general

rule that is applied, say, to interrogatories in the English courts. For

example, supposing that one day Karl Hermann Frank was examined about

the early days of the Protectorate, and then on another day he was

examined on a specific point at the end of the Protectorate. Then I

should not have thought that the two things were sufficiently closely

connected.

My Lord, I am reminded that there is another point, which Mr. Barrington

has just brought to my attention. These interrogatories were the basis

of the Czech Government report. They are not introduced as

interrogatories but—so I am told—as part of the report by the person

who drew it. It is not material that we are in a position to introduce

as interrogatories. They come in as a Government report from the Czech

Government.

THE TRIBUNAL (Mr. Biddle): If it should develop later that it is

relevant to the occasion, could the Prosecution object to that material

being introduced?

SIR DAVID MAXWELL-FYFE: No. If he can get the material, but the material

is the property of the Czech Government.

THE TRIBUNAL (Mr. Biddle): Then your position is really that it is not

in your hands, but for the Czech Government to determine it.

SIR DAVID MAXWELL-FYFE: Certainly.

THE TRIBUNAL (Mr. Biddle): I see.

SIR DAVID MAXWELL-FYFE: The only other document is the treaty between

France and the Soviet Union, in 1935. This document was authorized by

the General Secretary on 29 January, and if there is any difficulty in

getting a copy, I will try to do anything I can to help, subject to the

reservation of objecting to its relevance when I know what use is going

to be made of it.

DR. LÜDINGHAUSEN: May I add a few more words to this point?

During the very last few days I have received, from various sides,

suggestions of information which seem important to my defense; but I

have not yet had the opportunity of checking this information and

finding out whether it is really of importance to the conduct of the

Defense. May I therefore ask, if this should be the case and if there

should be one or two other witnesses or documents which I can find out

about only later, that I be permitted to make an application

supplementary to the list of witnesses and documents I have given today.

THE PRESIDENT: I call upon counsel for the Defendant Fritzsche.

[_Dr. Fritz approached the lectern._]

SIR DAVID MAXWELL-FYFE: May it please the Tribunal, there are only two

witnesses applied for in this case.

The first of them is Von Schirmeister, who was an official of the late

Dr. Goebbels in the Propaganda Ministry. The Prosecution have no

objection to that witness.

With regard to the second witness, Dr. Otto Kriegk, the application says

that he received his information and instructions from the Defendant

Fritzsche and he can speak as to the directives issued to journalists.

On the assumption that these were more or less official directives that

he gave in the course of his duty, again, I do not think there can be

any objection from the Prosecution. But I do not know what Dr. Fritz

would think about interrogatories, or whether he has any strong views

about calling Dr. Kriegk on that point. As I understand it, it would be

more or less a synopsis of the directives given, but in view of the very

modest proportions of the applications in this case, I do not want to be

unreasonable if there is any special reason for calling Dr. Kriegk.

DR. HEINZ FRITZ (Counsel for Defendant Fritzsche): Your Honors, I have

presented a very restricted list of evidence material and I should be

grateful if the personal appearance of the second witness, Dr. Kriegk,

were granted, for the following reasons: First the witness Von

Schirmeister has been named because he is to give us information about

the internal tasks which the Defendant Fritzsche had in the Ministry for

Propaganda, especially about his relations to Dr. Goebbels. As far as

the daily press conferences which the Defendant Fritzsche held are

concerned, this first witness, Von Schirmeister, did not take part in

them. From the subjective angle, especially, it is important to know

what directives the Defendant Fritzsche gave the journalists,

specifically the most important German journalists who assembled daily

at his press conferences.

As a further reason for my request that the personal appearance of this

witness be granted, I point out that, of the collection of documents or

rather of the two document collections, 1 and 2 of my list are not yet

available to me, so that there are various points which I had wanted to

prove by presenting documents or quotations therefrom which I now hope

to prove by questioning these two witnesses.

SIR DAVID MAXWELL-FYFE: I do not press the point of an affidavit. I

leave it to the Tribunal.

With regard to the documents, Number 1 is the broadcasts of the

Defendant Fritzsche, and there is obviously no objection from the

Prosecution to that.

Number 2 is the archives of the section German Express Service. And

again we make no objection at this stage. We will perhaps have to

consider the reports when we get them.

There is a little trouble about the third group, sworn testimony or

letters which contain objective observations on the part of the writers

about the acts of the Defendant Fritzsche. If these are official reports

or anything of that kind, of course, there would be no objection, if

they were contemporaneous; but the course which the Prosecution

respectfully suggests to the Tribunal is that we wait and see these in

the document book and then we can consider them and make any objection

when they come up.

DR. FRITZ: I agree to this procedure. I believe I need say nothing more

about Documents 1 and 2 after the statement Sir David has just made.

THE PRESIDENT: Sir David, some of the defense counsel want to put in

supplementary applications. It would be convenient to deal with them

now.

SIR DAVID MAXWELL-FYFE: Perhaps Your Lordship will allow me to confer

with my colleagues as we deal with each one, as we go along, in case

they have any further views to express.

THE PRESIDENT: Certainly. I think there are some supplementary

applications by Dr. Seidl.

DR. SEIDL: Mr. President and Your Honors, on 28 February 1946, I

submitted to the Tribunal a supplementary application for the Defendant

Rudolf Hess. The application was necessary for the following reasons: In

my first application I mentioned the witness Bohle, the former Gauleiter

of the Auslands-Organisation of the NSDAP, for a number of subjects,

among others in reference to the German Foreign Institute and the

activity of the League for Germans Abroad. When I made that application

to question the witness Bohle I had not yet had any opportunity to speak

to the witness. After approval by the Tribunal, however, I did so, and I

found out that the witness Bohle, although he can make very concrete

statements about the Auslands-Organisation, does not have any immediate

first-hand information about the activity of the German Foreign

Institute and the activity of the League for Germans Abroad.

I therefore ask that the following be approved as further witnesses:

First, Dr. Karl Stroelin, former Oberbürgermeister of Stuttgart and

finally President of the German Foreign Institute. The witness is here

in Nuremberg as a prisoner awaiting trial, and it is the same witness

who has also been requested by the Defendant Von Neurath in his case.

SIR DAVID MAXWELL-FYFE: Perhaps it would be convenient, My Lord, if Dr.

Seidl would indicate what the final position of these witnesses is. As I

understand it, he no longer wants Herr Bohle. Is that right? I am not

clear whether this witness is in addition to or in substitution for Herr

Bohle.

DR. SEIDL: With regard to the witness Dr. Stroelin, this is an

additional witness. The witness Bohle will still be needed as a witness,

but only concerning the matter of the activity of the

Auslands-Organisation. The witness Stroelin, since the witness Bohle has

not first-hand information about the Foreign Institute, should speak

about this latter point.

SIR DAVID MAXWELL-FYFE: If I understand it, that would mean that Dr.

Seidl is now asking for Herr Bohle, Herr Stroelin, Dr. Haushofer, and an

affidavit, I think it is, from Alfred Hess.

I am not sure that this is not rather an accumulation of witnesses on

what is, perhaps, a narrower point than Dr. Seidl realizes, from the

point of view of the Prosecution. The Prosecution said that the

Auslands-Organisation was used for promoting Fifth Column activities,

but it was only put in this way: That by using the Auslands-Organisation

there was, first of all, complete record and organization of Party

members abroad; secondly, the intelligence service of that organization,

through the organization, reported on all German officials of every

section of the Government who came abroad and kept check on them in

their work, in addition to German subjects; and because of this

intelligence service, these Germans were ready for use and in fact were

used when there was a question of invasion of the country.

It was not suggested that there were direct orders, for example, to blow

up bridges or commit acts of sabotage, given directly to the

organization, which is a matter of inference from the functioning of the

organization that I have described.

I say that only because it should be helpful to Dr. Seidl to know the

case he has to meet. The Prosecution has never proved direct orders for

sabotage in this regard.

DR. SEIDL: The trial brief on his case has accused Rudolf Hess of the

fact that, under his leadership, the Auslands-Organisation of the NSDAP,

as well as the Foreign Institute and the League for Germans Abroad had

developed an activity which was almost equivalent to that of a Fifth

Column. It is correct that in the original indictment of the Defendant

Hess, personally, there were no details given by means of which the

indictment meant to show this activity and above all Hess’ guilt in

regard to the activities of these organizations.

As long, however, as the Auslands-Organisation and the Foreign Institute

and the League for Germans Abroad are accused of any connection with the

activities of a Fifth Column, the Defendant Hess has a reasonable

interest in seeing explained, first, what kind of activity these

organizations had and, second, which orders or directives he had given

to these organizations.

The witness Bohle is in a position to make very concrete statements

regarding the Auslands-Organisation. The same is necessary for the

German Foreign Institute about which Dr. Stroelin, who is here in

Nuremberg, can make authentic statements, and for the League for Germans

Abroad, about which the witness Dr. Haushofer can speak.

I agree, however, with regard to the physical condition of the witness,

Dr. Haushofer, that only an interrogatory be used for this witness.

SIR DAVID MAXWELL-FYFE: I have no objection to interrogation as far as

Dr. Haushofer is concerned.

THE PRESIDENT: There is one more you want?

DR. SEIDL: Yes, Sir, a third one. Before I come to the third witness,

whom I wish to name as an additional witness, I should like to inform

the Tribunal that I do not insist on a personal hearing of the witness

Ingeborg Sperr, who has already been approved by the Court. Instead of

that, I shall submit a short affidavit, which is already in the document

book which I have already given to the General Secretary.

In the place of the witness Sperr, I request, however, that the witness

Alfred Leitgen be called. Leitgen was for many years, until the flight

of Rudolf Hess to England, his adjutant.

I could not apply for this witness any sooner because I have found out

only now where this witness is. I believe that a personal hearing of

this witness is so important that one should not dispense with it.

SIR DAVID MAXWELL-FYFE: The two points which Dr. Seidl specifies both

seem to be relevant points, and in view of the fact that he is prepared

to drop the calling of the secretary, the Prosecution will not take

objection to that witness.

THE PRESIDENT: Are there any more applications?

SIR DAVID MAXWELL-FYFE: I wonder if Your Lordship will allow me to say

one thing. Dr. Servatius has already had certain conversations with a

member of my staff. I think they will prove profitable and helpful on

the lines that Your Lordship suggested, and if the Tribunal will be good

enough to safeguard Dr. Servatius’ rights for a day or two, we hope to

have something practical and useful to put before the Tribunal.

THE PRESIDENT: You mean with reference to the organizations?

SIR DAVID MAXWELL-FYFE: No, with reference to the Defendant Sauckel.

THE PRESIDENT: Oh, yes.

SIR DAVID MAXWELL-FYFE: Your Lordship will remember that you allowed the

matter to stand over. We have been working along the lines that Your

Lordship suggested, but I am afraid that I have not had time to go into

it myself and see the final result.

THE PRESIDENT: I see.

DR. SERVATIUS: In discussing the witnesses, I proposed a restriction

which is being presented to the Court in writing. Concerning the

documents, I have also practically come to an agreement as to how they

should be handled. There are, however, two principal applications which

I should like to submit and which have not been mentioned so far. But I

believe that a decision will have to be made by the Tribunal in respect

to principle. The applications are Documents 80 and 81.

Document 80 is a photostat of a deportation order which had been issued

in the city of Oels by the Soviet local commander, whereby the native

male population had to report for deportation; and it can be seen from

this order that it is deportation for the purpose of labor. I want to

submit this to show that the Hague agreement concerning land warfare has

been considered obsolete by the Soviet Army. I have only this one

deportation order. I should therefore like to suggest that the Tribunal

make use of Article 17(e) of the Charter and have a judge determine on

the spot to what extent this deportation took place, and I should like

thereby to have it shown that it is not only the town of Oels, but that

it was done similarly on a large scale in the cities of East Prussia and

Upper Silesia. The population was deported in large numbers for purposes

of work and, if the information which I have received is correct, part

of the population of Königsberg is today still in the Ural Mountains. I

am not in a position to submit documents about all these things, because

of the difficulties of mailing, and the difficulties of receiving news

from the East at all. But the Tribunal should be in a position, by

asking the mayors and other officials, to find out that what I have just

said is correct.

Under Document 81 I submit an affidavit concerning the city of Saaz in

Czechoslovakia. There 10,000 inhabitants of the city of Saaz were put

into a camp and, until Christmas 1945, they worked there without pay. I

believe also that this is proof of the fact that the Hague agreement

concerning land warfare is considered to be obsolete and outmoded in

regard to labor employment.

Furthermore, Documents 90 and 91: These are two books with affidavits

meant as a substitute for an investigation. It would be irrelevant if I

were to produce one or two affidavits concerning conditions in the labor

camps. One could object to that as being irrelevant because, in view of

the large number of factories and camps which exist, little proof would

be afforded by these affidavits. These mass conditions have somehow to

be considered juridically. Therefore, the Charter has admitted

government reports. I am not in a position to ask a government to help

me in this matter. Therefore I have to find a substitute by collecting

affidavits and grouping them in logical form in a notebook in order to

submit them to the Tribunal. This is the purpose of my proposal to

introduce a presentation of proof which is an innovation and is

difficult for me; but thereby the same objections are justified which

one might make to an investigation. An investigation has great

weaknesses, especially if it is conducted in a one-sided manner without

participation of those involved on the other side. In the case of my

affidavits, this danger is greatly reduced because it is hard to find

anybody who would fill out these affidavits unless he has very serious

reasons for doing so. I therefore ask the Tribunal to decide about my

application concerning these Documents 90 and 91. That is the matter I

wanted to submit here; the rest I shall discuss with the Prosecution.

SIR DAVID MAXWELL-FYFE: May it please the Tribunal, I have already

intimated the grounds on which the Prosecution object to Documents 80

and 81. To test their admissibility the easiest way is to assume that

Dr. Servatius has proved the facts alleged. And if that is done they

would not, in my opinion, come within miles of proving that Article 52

had become obsolete; and it is illustrative of the danger which I

ventured to point out to the Tribunal in regard to these two

arguments—that vague and hypothetical suggestion that there might be

some evidence that Article 52 had become obsolete. It is suggested that

the Tribunal should try the conduct of the Soviet Union with regard to

labor conditions and, as I understand, send a commission to collect

evidence on that point; and I do not want to repeat the arguments, but

the Prosecution most strenuously object to the suggestion and say that

nothing has been indicated which provides any basis for it.

With regard to 90 and 91, I really feel that the best method would be by

_solvitur ambulando_. Let us see the affidavits and get some idea of

their contents and the source of knowledge disclosed and then the

Prosecution can make a decision regarding them. At this stage I do not

want to do anything to exclude them and they will receive the most

careful attention by my colleagues and me when they are brought forward.

THE PRESIDENT: I am told that there are other supplementary applications

for the Defendant Schacht and for the Defendant Keitel. I think there

may be some mistake about that.

Is the Defendant Bormann’s counsel here?

DR. FRIEDRICH BERGOLD (Counsel for Defendant Bormann): Yes.

THE PRESIDENT: Are you ready to deal with anything yet?

DR. BERGOLD: No.

THE PRESIDENT: I think the Tribunal made an order that your applications

would stand over for some application within the next three weeks. So

you are not ready yet? I am told your documents are all here. Is that

so?

DR. BERGOLD: Mr. President, my documents are here, as far as I know.

However, since I have to collect my own information from the books, I

cannot tell the Tribunal whether these will be all my documents. I

therefore have asked permission to speak to the secretary, Wunderlich,

who was secretary for a long time, and also to another woman secretary.

Only from these two shall we get satisfactory information. Bormann, I

cannot reach. Therefore, for practical reasons, I ask permission to

present everything at a later date.

THE PRESIDENT: Very well. Then the Tribunal will now—I am told that

there are applications from the Defendants Keitel, Rosenberg. . .

DR. BERGOLD: Mr. President, Defense Counsel for Keitel and Rosenberg are

not present at the moment. They probably did not expect that their

applications would be presented today. Maybe that could be done tomorrow

before the beginning of the Göring case.

THE PRESIDENT: Well, the Tribunal will now adjourn.

[_The Tribunal adjourned until 8 March 1946 at 1000 hours._]

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg 14 November 1945-1 October 1946, Volume 08 · 第 126 / 127 题