"There shall be no alterations in the shipbuilding program.
"The armaments program are to be considered with regards to 1943 or 41 a 1944."
It is signed by Lieutenant Colonel Schmundt.
It is apparent from this that at this early date, in May, 1939, they were even then preparing and that the defendant, at that time a Colonel General, not a Field Marshal, was certainly in as high a position as one could have been in Germany at the time. I think all the Court has to do is look at the list of those present to see what elite company he was traveling in.
We now come to the next document, which is PS-1375, which will be Exhibit 4. This is a letter of January 25, 1940 from Frank to Goering.
I might mention that these documents that are now being put in represent a screening of the slave laboe documents in the first trial. I do not want to burden Your Honors with all of them that were put in, but we went over them and we believe that the forty that we have clearly show the picture of the way slave labor was being brought into Germany and the way it was treated, and when we get into the Central Planning Board Minutes, which are in part -- or rather, all, in Document Book Number 2, then we can see what connection the defendant had with it.
This letter has to do with "The execution of the task of systematically placing the economic strength of the Generalgovernment of Poland within the framework of the Four Year Plan, in the service of the German defense industry," and Frank makes this report to Goering. I do not think that there is anything on the first page which needs to be read. However, on page two, Paragraph 2 (d), which is the first full paragraph, he says:
"Exploitation, if necessary also partial expansion, of the industrial capacity existing in the Generalgovernment, in order to execute as rapidly as possible the Wehrmacht orders to be placed by the Reich in the Generalgovernment while maintaining production of those products which are absolutely vital for the running of the economic machinery in the Generalgovernment even if the strictest standards are applied.
(e) Maintenance of the productive capacity of those plants to which Wehrmacht orders have not get been assigned but which are chosen as replace-
42 a ment plants for militarily vital factories which have been or will be evacuated in the Reich."
Skipping to (g):
"Supply and transportation of at least one million male and female agricultural and industrial workers to the Reich, among them at least 750,000 agricultural workers of which at least 50 per cent must be women, in order to guarantee agricultural production in the Reich and as replacement for industrial workers lacking in the Reich.
Then, skipping over to page 3, which is page 10 in Your Honor's Document Book, "f. that, in order to insure the necessary supply of Polish workers in the Reich, the labor offices harmonize the recruiting of labor requirements in the General Government. The shipping will take place early enough to be completed early in the course of April, that the transfer of savings of those workers who came to the Reich merely as migratory workers, then, passing over to page 11, page 4 of the document, "the collection of leather and old material, the gathering of scrap are to be pushed forward according to plan. In view of the social conditions in the General Government, Jewish dealers who can be freed for this purpose from forced service and so forth, may also be engaged."
We will, at this time, pass the next document because it is still in process, it being number 2233 PSA, and go to 2233 PFB, which is the fourth one listed in Your Honor's Document book, at page 13. This is an excerpt from the diary of the same Franck "who was Governor General of Poland, and who wrote the letter to Goering which is Exhibit 4.
PRESIDENT: What exhibit number would you give this, Mr. Denney
MR. DENNEY: Number 5, sir. If Your Honor please, I think it's better to keep them running along serially, and when we want to insert one we can give it a letter number, if that is agreeable to you. We can make the one ahead of 4, 4-A; otherwise we'll have gaps as we go along.
I'm just advised now that "B" is missing from the German book too, so, if Your Honor pleases, we'll leave out 2233 PS this time completely and go down to page 14 of Your Honor's book, and we'll call this Exhibit No. 3. This is a confidential report, signed by one "Kusher." We have not been able to identify him other than that. It was made in May of 1940. It has to do with the achievement of confiscations of Polish agricultural enterprises, for the purpose of transferring Poles to the old Reich and to employ them as agricultural workers. I think the particular parts of the document, which are of interest appear in the last several lines of the first page, beginning with the part that's underlined:
"The former owners of Polish farms, together with their families, will be transferred to the Old Reich by the 44 a employment agencies for employment as farm workers.
In this way many hundred Polish agricultural workers can be placed at the disposal of agriculture in the Old Reich, in the shortest and simplest manner. In this way, the most pressing shortage is removed, which is now, in a very disagreeable manner felt, especially in the root crop district. Besides, the shepherds who are still working in the confiscated and formerly settled enterprises and who are superfluous, are to be removed into the Old Reich, for until now they were only a burden for the respective enterprise, for they are too numerous. In this way, Polish agricultural workers can be made free to the Old Reich."
If Your Honor please, Dr. Bergold has just advised that the copy of Exhibit 5, which is in his document book in German, is so badly stenciled that he is unable to read it. So, with the Court's permission at this time, I shall withdraw the offer of Exhibit 5, until such time as we can get a German copy which is legible.
DR. BERGOLD: It is not a copy badly legible, but something is missing, several pages of this document are missing. But if the prosecutor just wanted to refer to these, it is just these missing pages which are needed. However, I do not want to detain proceedings; they can continue. It will be satisfactory if we obtain the missing pages subsequently.
PRESIDENT: I believe a proper copy has just been put on your desk. Let's wait just a minute to see if it is a proper copy. Mr. Denney, will you take a look at the copy which has just been given to Dr. Bergold?
MR. DENNEY: If Your Honor please, it seems that the document which is in the German Document Book has the same number, 1352 PS, and has to do with the same dates; there is also a document signed by a man named "Kusher" but it is not the same document as the 1352 PS we have in English, so, with Your Honor's permission, we will leave the number 5 to be assigned to this document at the time when we clear it up, but withdraw its offer at this time, subject to renewing the offer at a later time, when the German copy and the English copy can be made to coincide, one with the other.
PRESIDENT: Well then, Exhibit 5 is neither offered nor admitted in evidence at this time.
45 a
MR. DENNEY: Thank you, sir.
If Your Honor please, the next document which we offer as Number 6, is ED 68, which is the letter of March 6, 1941, being a confidential letter from the Ministry of Finance and Economy at Baden, containing directives on the treatment of Polish farm workers. Although this document is some two pages long, I should like to read it rather at length, to show what the treatment was of these people who were benefitting from the protection of the so-called Government General in inland. "Subject: Directives on the treatment of foreign farmworkers of Polish Nationality" "The agencies of the Reich Food Administration - State Peasant Association of Baden have received the result of the negotiations with the Higher SS and Police Officers in Stuttgart on 14 February 1941, with great satisfaction.
Appropriate memoranda have already been turned over to the District Peasants Associations. Below, I promulgate the individual regulations, as they have been laid down during the conference and how they are now to be applied accordingly."
In these, Your Honor, are the conditions under which laborers sent from Poland to Germany - Stuttgart and Baden - work.
"Fundamentally, farmworkers of Polish nationality no longer have the right to complain, and thus no complaints may be accepted any more by any official agency.
"The farmworkers of Polish nationality may not leave the localities in which they are employed, and have a curfew from 1 October to 31 March from 2000 hours to 0600 hours, and from 1 April to 30 September from 2100 hours to 0500 hours.
"The use of bicycles is strictly prohibited. Exceptions are possible, for riding to the place of work in the field, if a relative of the employer or the employer himself is present.
"The visit of churches, regardless of faith, is strictly prohibited, even when there is no service in progress. Individual spiritual care by clergymen outside of the church is permitted.
"Visits to theaters, motion pictures or other cultural entertainment are strictly prohibited for farmworkers of Polish nationality.
"The visit of restaurants is strictly prohibited to farmworkers of Polish nationality except for one restaurant in the village, which will be selected by the Rural Councillor's Office, and then only one day per week. The day, which is determined as the day to visit the restaurant, will also be determined by the Landratsamt. This regulation does not change the curfew regulation, mentioned above under no. 2.
"Sexual intercourse with women and girls is strictly prohibited, and wherever it is established, it must be reported.
"Gatherings of farmworkers of Polish nationality after work is prohibited, whether it is on other farms, in the stables or in the living quarters of the Poles.
"The use of railroads, buses or other public conveyances by farmworkers of Polish nationality is prohibited.
"Permits to leave the village may only be granted in very exceptional cases, by the local police authority. However, in no case may it be granted if he wants to visit a public agency on his own, whether it is a labor office or the District Peasants Association or whether he wants to change his place of employment.
"Arbitrary change of employment is strictly prohibited. The farmworkers of Polish nationality have to work daily so long as the interests, of the enterprise demands it, and as it is demanded by the employer. There are no time limits to the working time.
"Every employer has the right to give corporal punishment toward farmworkers of Polish nationality, if instructions and good words fail. The employer may not be held accountable in any such case by an official agency.
"Farmworkers of Polish nationality should if possible be removed from the community of the home, and they can be quartered in stables etc. No remorse whatever should restrict such action.
"Report to the authorities is compulsory in all cases, when crimes have been committed by farmworkers of Polish nationality, which are to sabotage the enterprise or slow down work, for instance unwillingness to work, impertinent behavior; it is compulsory even in minor cases.
An employer, who loses his Pole who must serve a longer prison sentence because of such a compulsory report, will receive another Pole from the competent labor office on request with preference.
"In all other cases, only the state police is still competent.
"For the employer himself, severe punishment is contemplated, if it is established that the necessary distance from farm workers of Polish nationality has not been kept. The same applies to women and girls. Extra rations are strictly prohibited. Noncompliance of the Reich tariffs for farm workers of Polish nationality will be punished by the competent labor office by the taking away of the worker.
"In any case of doubt, the State Peasants Association -IB will give information.
"Forwarding in writing of the above agreement to the farm workers of Polish nationality is strictly prohibited.
"These regulations do not apply to Poles who are still prisoners of war and are thus subordinated to the armed forces. In this case, the regulations published by the armed forces apply."
"Heil Hitler!"
By order /s/ Dr. KLOTZ
JUDGE SPEIGHT: Do you establish a chain between all of these documents which you read and the Defendant?
MR. DENNEY: If your Honor please, the Prosecution has in mind in presenting these documents to give an overall picture of the way slave labor was treated in Germany, going back to the early days showing that this Defendant knew because of attendance at the May, 1939 conference that slave labor was going to be employed. Then as Generalluftzeugmeister, later as Chief of the Jaegerstab, and later as a member of the Central Planning Board, we will connect him with enterprises involving slave labor.
JUDGE SPEIGHT: Very well.
MR. DENNEY: The next document which is listed on your Honors' index is 3044-PS which we pass at this time if your Honor please, and we will assign Number 7 to 3005-PS. This is a letter from the Reich Labor Ministry to Presidents of the Regional Labor offices concerning Russian prisoners of war. The letter is dated August-
DR. BERGOLD: May it please the Tribunal, I was given the wrong document. The document given to me, No. 3005, refers to the production of household goods for air raid casualties.
MR. DENNEY: Well, if your Honor please, we have nothing to do with the preparation of these German books. We just send them down, and we assume that they will send up the proper ones. This apparently is another instance just the same as the earlier one, 13 --- or 2233-PS, rather, 1352-PS -
DR. BERGOLD: I was just told that the No. 3005 in my book is the right document.
THE PRESIDENT: Is it all straightened out, Mr. Denney?
MR. DENNEY: Yes. Dr. Bergold apparently has two documents number 3005-PS. One is the right one and one is the wrong one, so we can continue with this letter of August 26, 1941. Paragraph 1 of the letter states: "Upon personal order of the Reich Marshal, 100,000 men are to be taken among the French Prisoners of War not yet employed in armament industry, and are to he assigned to the armament industry (airplane industry). Gaps in manpower supply resulting therefrom will he filled by Soviet Prisoners of 49a War.
The transfer of the above-named French Prisoners of War is to be accomplished by 1 October.
"Russian Prisoners of war can be utilized only in quite large concentrated groups under the well-known, tougher employment conditions. In the civilian field the Regional Labor Exchange Offices will have to determine immediately those work projects where French prisoners of war can be withdrawn and replaced by Soviet groups. For the time being, no additional assignment of Soviet Prisoners of War can be considered. Initially, all replacement possibilities must be completely exhausted. Similarly, all French Prisoners of War no longer needed are not to be channeled into agriculture and forestry any more, but exclusively into armament industry (aircraft industry)."
Turning over to Page 2, which is Page 24 in your Honors' book, the last part of the full paragraph on the page: "Since the determining factor in the allocation of Soviet Prisoners of War are military and counterintelligence considerations, final decision about the exchange rests with Service Command Headquarters.
"The first 100,000 French Prisoners of War shall be channeled into the aircraft industry."
THE PRESIDENT: This Tribunal will take the usual recess at this time.
MR. DENNY: Your Honor please, could I ask how long will the recess be?
THE PRESIDENT: I beg your pardon?
MR. DENNY: How long will it be? Fifteen minutes?
THE PRESIDENT: Well, approximately. We will say fifteen minutes.
(A recess was taken.)
THE MARSHAL: All persons will rise. The Tribunal is again in session. Be seated.
MR. DENNY: Your Honor please, the next document listed is EC-194which will become Prosecution's Exhibit No. 8. This is a memorandum of October 31, 1941, prepared by Field Marshal Keitel. Its first two paragraphs are as follows:
-- the title of the memorandum is "Use of Prisoners of War in the War Industry."
"The lack of workers is becoming an increasingly dangerous hindrance for the future German war and armament industry. The expected relief through discharges from the armed forces is uncertain as to extent and date, however, its possible extent will by no means correspond to expectations and requirements in view of the great demand.
"The Fuehrer has now ordered that even the working power of the Russian prisoners of war should be utilized to a large extent by large scale assignment for the requirements of the war industry, The prerequisite for production is adequate nourishment. Also very small wages are to be planned for the most modest supply with a few consumers' goods for every day's life, eventual rewards for production," and thereafter he lists various v-rays in which they can be employed.
Subheading II speaks of construction and armament industry:
"Work units for constructions of all kind, particularly for the fortification of coastal defenses (concrete workers, unloading units for essential war plants).
"Suitable armament factories which have to be selected in such a way that their personnel should consist in the majority of prisoners of war under guidance and supervision (eventually after withdrawal and other employment of the German workers.)" The next document is 1206-PS which becomes No. 9 which are some notes prepared on some remarks made by Goering at a meeting in the Reich Ministry of Air on 7 November 1941.
The middle of this first page speaks about employment of Russian prisoners of war, as a rule employment in groups no individual employment, not even in agriculture. Guard personnel, not only soldiers but also foremen, at least during the working time proper. As a rule soldiers in the camp.
Turning over to the second page, which is Page 28 in your Honors' document book, speaking of employment of the prisoners in the Interior and the Protectorates of Bohemia and Moravia, ho said, "It would be ideal if entire factories could be manned by Russian Prisoners of liar except the employees necessary for direction. For employment in the Interior and the Protectorate the following arc to have priority:
"At the top coal mining industry.
Order by the Fuehrer to investigate all mines as to suitability for employment of Russian. At times manning the entire plant with Russian laborers.
"Transportation (construction of locomotives and cars, repair-shops). Railroad repair and industry workers are to be sought out from the Prisoners of 'Jar. Railroad is most important means of transportation in the East.
"Armament industries.
Preferably factories of arms and guns. Possibly also construction of parts for airplane engines. Suitable complete sections of factories to be manned exclusively by Russians. For the remainder employment in columns Use in factories of tool machinery, production of farm tractors, generators etc.
In emergency, erection individual places barracks for occasional workers which are used as unloading details and similar purposes."
And then dropping down and speaking about the various food, clothing and supplies, where there is a note saying about food, "Food is a matter of the Four Years' Plan. Supply their own food ( cats, horses etc.)" "Clothes, billeting messing somewhat better than at home where part of the people live in caverns.
"Supply of shoes for Russians as a rule wooden shoes, if necessary install Russian shoe repair shops.
"Examination of physical fitness, in order to avoid importation of diseases.
At the bottom of the page, speaking about labor program generally, "Rather employ prisoners of war than unsuitable foreign workers. Seize Poles, Dutchmen, etc. if necessary as prisoners of war and employ them as such, if work through free contract cannot be obtained. Strong action."
Then turning to Page 29 about half way down that page, about four paragraphs before the end, "Foreigners not to be treated like German workers, on the other hand do not provoke inferiority complex in foreigners by posters.
"The welfare installations of the Labor Front (DAF) are under no circumstances to be used for prisoners of war or Eastern workers.
"All agencies are to promote maximum utilization of Russian manpower."
The next document, which is document 3040-PS, which are copies of secret orders of the Reich Fuehrer SS Heinrich Himmler, concerning commitment of manpower from the East. This will become Exhibit No. 10.
On Page 32 of your Honors' document book, which is page 3 of the exhibit, and at the bottom of the page, speaking of combating violations against discipline, Paragraph (2).
"In severe cases, that is in such cases where the measures at the disposal of the leader of the guard do not suffice, the state police office has to act with its means. Accordingly, they will be treated, as a rule, only with strict measures, that is with transfer to a concentration camp or with special treatment.
"Transfer to a concentration camp is done in the usual manner."
Turning to Page 33, we see the meaning of special treatment. Special treatment is hanging. Hanging should not take place in the immediate vicinity of the camp. A certain number of the manpower from the original Soviet Russian territory should attend the special treatment; at that time they are warned about the circumstances which led to this special treatment.
Then dropping down the page to Item VI, Sexual Intercourse. Sexual intercourse is forbidden to the manpower of the original Soviet Russian territory.
By means of their closely confined quarters they have no opportunity for it. Should sexual intercourse be exercised nevertheless -especially among the individually employed manpower on the farms - the following is directed:
For every case of sexual intercourse with German countrymen or women, special treatment is to be requested for male manpower from the original Soviet Russian territory, transfer to a concentration camp for female manpower.
When it occurs with other foreign workers, the conduct of the manpower from the original Soviet Russian territory is to be punished as severe violation of discipline with transfer to a concentration camp.
Then turning over to Page 34. Under the heading VIII "Search." Fugitive workers from the original Soviet Russian territory are to be announced principally in the German search book. Furthermore, search measures are to be decreed locally. Too, when caught the fugitive must receive special treatment.
Dropping down to some general provisions on the same page, the third paragraph, this manpower must, under no circumstances, be put on the same level with the Poles or the manpower of the original Soviet Russian territory.
I neglected to mention to the Court this is manpower from the Baltic states and not of Polish origin, from the Government General and from the annexed Eastern territories. That appears on B, in the middle of the page.
This manpower must, under no circumstances, be put on the same level as the Poles or the manpower of the original Soviet Russian territory, on account of their nations' fundamental antagonism toward the Polish people."
Turning over to Page 35, speaking of breach of contract, under Section 3, the fourth paragraph there.
"In any other case, however, immediate action is necessary and, in case of a breach of contract on part of this manpower, the transfer to a concentration camp is to be ordered, as a rule. In cases of severe repetition the transfer to a concentration camp can also be requested.
In the cases of breach of contracts handled by the state police, the arbitrator has to be informed each time about the decision."
The next document, is 1435-PS, which is a partial extract from a speech of the Reich Minister Speer, made to a gauleiter's meeting on 24 February 1942, at Munich. It becomes exhibit No. 11. He says on Page 4 of that speech, "I am grateful to fate that, also Party member Dr. Todt, in January, personally ordered the complete stoppage of work on his Reichsautobahnen as well as released all specialists and German workers for the railroad construction in the East and his PW's for the armament industry."
The next extract, "I therefore proposed to the Fuehrer at the end of December that all my labor force including specialists, be released for mass employment in the East. Subsequently the remaining PW's abt. 10,000, were put at the disposal of the Armaments industry by me."
The next document, which is No. D-316, is a memorandum, March 14th, 1942, from Dr. Hupe, having to do with allocation of Russian workers. It becomes document No. 12.
"During the last few days we have established that the food for the Russians employed here is so miserable that the people are getting weaker from day to day.
"Investigations showed that single Russians are not able to place a piece of metal for turning into position, for instance, because of lack of physical strength. The same conditions exist at all places of work, where Russians are employed.
"If it cannot be seen to, that the feeding is changed in such a way that a normal output can be demanded from these people, then the employment of these people, with the necessary expense connected thereto, ha.s been in vain; I do not think it is worth while employing any more Russians, from whom I cannot expect any results in production, although they are charged out to me as productive workers.
"I expect that the same auditions prevail inside all the other works."
DR. BERGOLD: I beg your pardon, Gentlemen, but what has just been read is not contained in my document book.
MR. DENNY: If your Honor, please, we will have to withdraw Exhibit No. 12 at this time in the same manner as we have the others. I regret that these things are happening. There is no control that we have over it. Perhaps we can establish some sort of a liaison over the week end, and have some of our people check the book before it goes to the Germans. We assume when something is sent down to the proper place for translation and is sent to the Germans it is correct. I shall see tomorrow what can be done. I am extremely sorry. I would like to point out to the Court we never see the German copies, the way it is set up, except in the original. It is sent down for translation and is out of our hands. With your Honors' permission we will withdraw the offer of D-316, to which exhibit number 12 has been assigned and re-offer it at a later time.
THE PRESIDENT: Very well.
MR. DENNY: The next document, is ol6-PS, which is Sauckel's labor nebilizatien program, dated August 20, 1942. As you were, April 20, 1942, which is Page 39 in your Honors' document book.
THE PRESIDENT: Mr. Denny, what exhibit number will this have?
MR. DENNY: Exhibit No. 13, Your Honor, please. We certainly can find the original German of Exhibit No. 12, and I believe it has been marked on by Judge Dixon.
THE PRESIDENT: That Exhibit No. 12 has been offered and is not yet admitted?
MR. DENNY: Yes, sir.
THE PRESIDENT: We will refer to document D 316 as Exhibit No. 12.
MR. DENNY: That is what we plan to do, as marked. This will be Exhibit 13, document 016-PS. In passing it might be noted that this program is made at the time Sauckel was appointed Plenipotentiary General for Labor and shortly after the founding of the Central Planning Board. This particular copy which we have, which is one of five, is one which Sauckel sent to Rosenberg.