Nobody can take them from Hamburg because Gauleiter Kaufman says: 'I shall not give them up. I am Commissioner for Defense of the Reich, you cannot force me.' There are in my opinion construction workers who could be get together very quickly to the tune of 50,000.
"Schlemp: Then we can employ the Jews and Italian military internees judiciously. The 100,000 Jews and Italian Military Internees will be of no use unless we have the necessary deputy leaders and skilled workers.
If your Honors please, I would now like to introduce Document NOKW 336 which is Prosecutions -- rather part of Prosecution's Exhibit No. 75. This is at page 156 of the English Document Book, page 154 of the German. This is an excerpt minute from the Jaegerstab meeting of May 26, 1944. Defendant Milch was there. Participants in this discussion include Speer, Sauer, Kammler, Schlempp, Schmelter and the defendant. In this excerpt Schmelter reports that two transports of Hungarian Jews had already arrived at the SS Camp Ausschwitz; that these consisted primarily of children, women and old men. Schlempp, speaking for Dorsch, reports on Dorsch's plan for capturing more labor. Kammler states that he will capture his own labor by taking fifty thousand people into protective custody:
"Speer: With regard to construction it is important that we should not start more building than we can supply labor and equipment for. Equipment is of secondary importance. He must not continue with the mistakes we found in the Air Force Armament industry when we took over, i.e., the beginning of no end of buildings for which, at that time, only 20 per cent to 30 per cent of the necessary labor was available. The Chief of the Jaegerstab stated that labor is a main consideration.
"Sauer: That is the case now unfortunately. We have at least 3 times as many buildings under construction as we have labor available.
"Speer: What is the news about the Hungarian Jews?
"Kammler: They are on the way. At the end of the month the first transports will arrive for surface work on the surface bunkers.
"Schlempp: Dorsch said yesterday that he wanted to bring 100,000 Jews from Hungary, 500,000 Italians, 10,000 men from bomb damage repair, also 1,000 355-a from Waldbrohl; then he wanted to get something from Greiser's zone by negotiation, then 4,000 Italian officers, 10,000 men from South Russia and 20,000 from North Russia.
That would be 220,000 altogether.
"Speer: We have often made such calculations; but the people never came.
Kammler again:
"For all these measures I must take in 50,000 more people in protective custody.
"Speer: We shall carry out a "special operation" undertaking of our own in order to build up reserves of manpower. It will bring in 90,000 men in three installments of 30,000. It will be experts who are called up. And it would be a good thing if one linked up with it the conscription of toolmakers within the firms so that one would have a body of tool-makers in the Armament industry. These people would get leave from this group and would function as Armed Forces employees. If we make them Armed Forces employees we have the advantage of being independent of Sauckel's offices.
Then later on Defendant Milch speaking of Italian PW's.
"How long do the Italian PWs actually work?
"Schmelter: As long as the factory works. There is a regulation that PWs must work so long.
"Milch: Could you not look into this? You can see people on the streets about 4 or 5 o'clock and nobody after that.
"Schmelter: I can look into it.
Milch again:
"I do not believe that any Italian prisoner of war works 72 hours.
Later on Schmelter:
"Dorsch will accompany me to Greiser to try and get 20 to 30 thousand men out of him.
"Speer: Kammler had his doubts about that before.
"Representative of Kammler: He didn't think the 100,000 Jews would come.
"Schmelter: To that I can add the following. Till now two transports have arrived at the SS Camp Ausschwitz. For fighter construction were offered only children, women and old men with whom very little can be done unless the next transports bring men of an age fit for work the whole action will not have much success.
Schmelter later on:
"I had agreed with Sauckel to get 20 to 25 thousand unemployed from Denmark. It was only a question of rate of exchange.
On page 87 of page 156:
As far as numbers of workers are concerned we have, for example, 7104 workers in Antwerp, of whom only 238 are German; in the Erla works in Brussels there are 3969 workers of whom 156 are German. The percentage of foreigners to German in the repair works is around 93% to 7%. If we do not succeed in bringing this labor with us into German territory -- we could do it from the point of view of space -- I see very great dangers for us."
THE PRESIDENT: The Tribunal will recess until one-thirty A recess was taken.
AFTERNOON SESSION.
THE MARSHAL: All persons will please take their seats. The Tribunal is again in session.
MR. KING: If your Honors please, I would next like to make further reference to the Goering to Himmler telegram, which was part of Exhibit No. 71, 1584-PS at page 60 of the English Document Book. Our discussion about whether the letter from Himmler, which is also part of 1584-PS and which is at page 61, English Document Book 4, whether the Himmler letter of March 9th was a reply to the Goering telegram of February 14th, I would like to call to your Honors' attention an omission in the English translation up in the left-hand corner. An omission from the document as translated for the first case. That is, before the International Military Tribunal. This is in the left-hand corner and the word "received" right above "hour, day, month and year". The word "received" has been left out, indicating that the telegram was received on that day. I would also like to call your Honor's attention to the fact that in the Himmler letter the month is not clear there. This is presumably a "2" but it isn't written clearly and distinctly, and it's been translated as a "4". Then, in the middle of the page, right next to 2030 "top secret" reference 14-2, indicates the date of sending. I call your Honors' attention to the fact that this is a teletype, dated February 14, 1944, reference in the Himmler letter is to a teletype dated February 14, 1944, The teletype dated February 18th, which Himmler refers to has not been located by us. It may refer to the air corps matter that's discussed in the first paragraph of the Goering telegram.
DR. BERGOLD: May it please the Tribunal, I would like to add the following to this statement: It is correct, when the prosecution says that the word "received" means -- may it please the Tribunal, I repeat: it's correct that the word "received" is at the top left and means the arrival or the receipt of the telegram. However, I would like to point out that this teletype was sent as a "Blitz" telegram. You can see that in the right lower corner of the upper section.
Such "Blitz" telegrams would go by "blitz" and arrived 338a within a few minutes.
Therefore, this teletype, which was sent on the 15th of February 1944 by Himmler, also arrived the same day. Furthermore, the defendant draws my attention to the fact that No. A401714-2230 is not the number of Goering. The Goering number can be seen at the end of the telegram. The number was ADJ No. 391-44, GKDOS. Therefore, this number which is on the upper part of the page has nothing to do with the day on which the telegram was sent.
MR. KING: I would like to call the Tribunal's attention to the fact that the figure 2030 is mentioned. Presumably the telegram was sent at 8:30 in the evening, and normally it would not arrive until the following day. It's impossible for us to trace by exact reference whether the telegram actually arrived in the morning. We do know it arrived the following day, and indications are that the figure 2030 there refers to the time at which the telegram left the Reich Air Ministry.
THE PRESIDENT: There's an indication of the hour. Two forty.
MR. KING: Yes.
THE PRESIDENT: If it was sent at 2030 at night it could have been received at two forty A.M. the following day.
MR. KING: That's correct, your Honor. I merely make that comment in connection with this "blitz" that's referred to there. We gather that, your comment that, presumably, the telegram was received at two forty in the morning, would indicate that the telegram was quickly transmitted.
MR. BERGOLD: "Blitz" telephone calls came through within minutes and not in such a long period of time from eight thirty P.M. to two forty the following morning, that's absolutely impossible.
THE PRESIDENT: Well, I think we have heard sufficiently on that.
MR. KING: If the Tribunal please, the next series of Prosecution exhibits deals with the procurement of labor by the Jaegerstab. The inclusion of Schmelter, the labor expert, in its membership is indicative that the procurement of labor in the fighter aircraft factories was a concern of the Jaegerstab. In this connection I again call Your Honors' attention to Document No. NOKW 317, Prosecution Exhibit 69, Pages 9 and 10, both the English and German Document Book, which is an interrogation of the Defendant Milch. The Court will see from this reference that the formation of the Jaegerstab was explicable in terms of the need for workers in air armament and the controversy over this question.
In this same interrogation, at Page 9 in Your Honors' document book the Defendant states that Schmelter, the labor expert of the Jaegerstab, acting on its order, demanded workers from Sauckel. I call the Tribunal's attention at this time to this Page 9, Prosecution Exhibit No. 69.
The next prosecution exhibit, which is at Pages 98 and 99 of the English Document Book 4 and Pages 101 and 102 of the German, is Document NOKW 266. This is an affidavit dated November 19, 1946, by Schmelter, labor expert of the Jaegerstab. This is Prosecution Exhibit No. 76. Here Schmelter clearly describes both the positions of the Jaegerstab in the matter of slave labor and the relative positions of Milch and Speer in the Jaegerstab. Starting on Page 98, numbered paragraph 2:
"That Milch and Speer together were in charge of the Jaegerstab; that Saur was the Chief of Staff and was, in this capacity, the immediate subordinate of Milch and Speer.
"3. That during its existence the Jaegerstab met almost every day and that these meetings were presided over in most cases by Milch, in the beginning, and later on by Saur; that Speer was very rarely present, and only at special occasions; that these meetings took place, first, in the Reich Air Ministry and after this was destroyed, in the barracks at Tempelhof.
"That in the meetings of the Jaegerstab the supply of labor for the Luftwaffe was discussed; that the Labor requirements necessary to the industry of the Luftwaffe were discussed, for the Jaegerstab, with the Plenipotentiary for Labor Assignment Ministry Sauckel; that Sauckel satisfied these requirements as far as possible; that the Chief of Staff Saur, in the Jaegerstab, occasionally also distributed the available labor to the different Luftwaffe plants.
"That in the year of 1944 the air raids made it necessary to decentralize many of the plants of the Luftwaffe; that this decentralization was ordered by the Jaegerstab; that many factories of the Luftwaffe were transferred into subterranean buildings, and that for the completion of these subterranean buildings concentration camp inmates and Jews were also used; that the whole building program of the Jaegerstab was established and controlled by this Jaegerstab itself."
Signed, dated November 19, 1946.
The next group of documents which show the involvement of the Jaegerstab in the procurement of labor, indicate that during 1944 the Jaegerstab made desperate efforts to obtain labor from every conceivable source, from the Sauckel Ministry, the concentration camps, by direct recruitment from the occupied countries. We show by these Prosecution exhibits that the Defendant Milch took a particular interest in the problem of obtaining labor, and used his personal influence with Sauckel to obtain workers when other methods had failed.
Documentary evidence has already been introduced in this and in the preceding presentation by Mr. Denney showing Milch's participation in the slave labor program and his full knowledge of sources from which Sauckel was obtaining his labor.
The first documentary excerpt in this series of the Jaegerstab meetings is NOKW 346, and this is at Page 137 of the English Document Book, Pages 134 and 135 of the German, and is again part of the Prosecution Exhibit No. 75. This is an excerpt from the Jaegerstab meeting of March 20, 1944, which was under the chairmanship of the defendant, then Field Marshal Milch. The part which I shall read shows Saur calling upon Milch to tell Sauckel that the entire group mobilized in Hungary should be placed at the disposal of the Jaegerstab.
The second excerpt in this discussion is the discussion about foreign labor to be obtained from Czechoslovakia. I might add that Mahnke, one of the participants, was Chief of the Motor Supply and General Luftzeugmeister and as such was a subordinate of the Defendant Milch.
"Saur: As far as Hungary is concerned, I should be grateful if the Field Marshal would call up Mr. Sauckel and tell him that the whole group mobilized in Hungary should be primarily at the disposal of the Jaegerstab. Large, heavy labor companies must be formed. The people have to be treated like the prisoners. Otherwise it won't work."
And then again page 53-
DR. BERGOLD: I would appreciate it very much if the Prosecution could put this document at my disposal so that I can see if and what answer the Defendant Milch gave to these questions.
MR. KING: That is amenable to the Prosecution, Your Honor, and we will give Dr. Bergold this entire document.--On Page 53:
"Saur: Where are the 54,000 Czechs?
"Mahnke: Of the 58,000 Czechs, 17,000 have been earmarked for Czechoslovakia. 31,000 are intended for the Reich, and after that 26,000 have been divided among the special commissions. 31,000 were for power units."
Later:
"Saur: In my opinion it is a shame that, if we have a pool of 3,000 to 4,000 Czechs, we cannot open it up and take out 50 to 100 people."
The second document in this series is at Page 138 of the English document Book, Page 136 of the German, Document No. NOKW 388, and is again part of Prosecution Exhibit No. 75. The participants in this discussion are Nobel, who is in charge of repairs for the Jaegerstab; Schmelter, whom I have described before; Frydag of the Jaegerstab for the factories under the jurisdiction of the main board for airplanes, and the Defendant Milch. This document shows the Defendant offering to bring the labor demands of the Jaegerstab to Sauckel, and suggesting that the Jaegerstab itself snatch slave labor arriving on transports and coming in from the East.
Milch further suggests that the labor transfers within the German economy be channelled only to the Jaegerstab, that a setter to such effect be written to Keitel of the OKW and to Sauckel, together with a corresponding order to the factories who are not in a position to stop production under the jurisdiction of the Jaegerstab. Page 138 of the English; Nobel is speaking:
"The labor situation in the repair sector is very unsatisfactory. Of tho 2,000 people promised me before from the "Sauckel action," not one has yet arrived. There is no point in saying that people should apply to tho Armament department. The Armament departments and inspectorates have not got anybody. If these men are not roped in by higher authority, the repair workshops cannot get any labor. My people are not in a position to stop production and you should let me know because we have net received any men since 11 March."
And then a Member of the Jaegerstab replies:
"I brought this matter up yesterday with Ministerial Director Dr. Timm of the office of the Plenipotentiary General for labor, and told him that we handed in our request on 17 March, but had not yet received any laborers. He could not tell me anything, but will let us know today. I will ask schmelter, who is coming to this meeting later, to follow up this matter.
"Milch: Tell Schmelter that if I can help in any way by calling Sauckel, I would ask a consignment of 10,000.
Then later on in the meeting Schmelter has arrived and is speaking:
"I have received such high demands, for instance today over 3,000, tomorrow over 5,000 and the day after again over 4,000, that it cannot possibly be the case that the labor is really needed, or else the firms do not understand the program. What has been received from you, Mr. Lange, has been passed on. It is also to be expected that these laborers will come within the next 10-14 days. I have arranged with Sauckel that I shall give out "Red tickets" for the most urgent demands, first of all the factories are to be closed or restricted. That will do to begin with.
These "Red tickets" will have priority, even over other "red tickets" Of course, that will 343A cause difficulties over skilled workers.
When we have a picture of the number of skilled workers we need, we must decide from which branch of manufacture we can remove them, for Sauckel does not have so many skilled workers. Those who have already arrived are, for the most part, from the East. That is still the most prolific source. Very few come from the West, and they are slowly starting to come from Italy. There are comparatively few skilled workers among them. So we must decide what factories are to be closed or restricted and where we shall take away the skilled workers. I can only let you have details in a few days when I have a complete picture of requirements.
"Nobel: If I must speed up repair work in a limited time, I need the labor at once. Since the 16th March not one of the 2,000 people that Sauckel was going to send has arrived. That is already two weeks ago. They tell me that if they have to deliver 50 machines they must have 60 people today or tomorrow. But that won't work because I have not got the people. I have always said - you will not get skilled workers. They answer, then give us others. If we do not fulfill these demands, their confidence in the Jaegerstab will be undermined. This morning I shall met material from Hansen & Co. in Muenster. The Labor office there is not yet clear about the setup of the Jaemerstab and the priority of the fighter program. It is the result of the bureaucracy of the authorities. My men have to argue with the authorities and thereby lose valuable time.
"Schmelter: It is now customary, if one fails to produce something, to put the blame on the Labor office. I remind you of the Messerschmitt affair."
Milch interjects: "That is not so in all cases."
Schmelter, again: "Assuredly! The gentlemen were with me on Saturday. Into the bargain, they had got back 50 toolmakers from the army, which they had had in the meantime and said, nothing about. First, they could, not employ them, secondly they did not need them, and thirdly they got them elsewhere. Furthermore Sauckel ruts the people at the disposal of the Repair Department. It was immediately reported that the Labor of fices worked too slowly."
Milch again: "You will make things easier for yourselves if you build up gradually a small reserve of a few hundred people, at first 500 which you can later raise to 2,000, so that you can cover immediately any need that arises. Then our work will gain the respect of others. At the moment it is like this: either we must transfer people and leave a gap where it is less vital, or wait until the people are brought in by Sauckel. When one sees the figures that Sauckel has produced and ascertains what the armament industry has received, the comparison is ridiculous.
"Schmelter: A letter is on the way from the Minister to Mr. Sauckel. During the first three months Sauckel has brought in between 300,000 and 400,000 people, but not even a miserable 66,000 "red tickets" could be honored.
"Milch: I personally cannot get over it! Take the help away from the housewives! In the past year 800,000 domestic servants have been negotiated and we are fighting for 2,000 men!
"Schmelter: In one year the demand for female domestic servants in Germany has risen by 200,000, the demands of the armament industry during the same period by 600. I have arranged that transports that come from abroad are directed straight to the points of greatest need.
"Milch: Every week 2,000 people come from the East."
Schmelter interjects: "Most of them go into agriculture."
Milch again: "The Jaegerstab has priority over agriculture. Can you not intercept them?
"Schmelter: I have arranged that. The 2,000 are disposed of: some of them are already there. But it does not always happen that the reports of the firms are 100% correct. We have often checked that up. It often happens that firms take the people and put them into another branch of production but still shout for people for the high priority processes.
"Nobel: That is not the case in my repair industry!
"Frydag: Yesterday I was in Wiener Neustadt. The works have a considerable assignment and a hefty, increase. Merely in order to get out of the room unscathed I gave them 200 men from the airframes industry.
"Schmelter: In Wiener Neustadt there was a demand for 1,000 or 1,500. A thousand were supposed to come from Air Fleet 2 in Italy. An Engineer official Weidinger was going to produce them. On Sunday I received a phone call to the effect that the Engineer official could not produce them.
"Frydag: That is quite right. But you must put yourself in the firm's place. The firm must have these people.
"Schmelter: Then I must see to it that I take them from somewhere else.
"Milch: You know our position. We are convinced that you do everything you can. But we must now commit a robbery. We can no longer operate along legal lines.
"Schmelter: That is the only possibility."
Milch again: "There will be abuse but we must accept that.
"Schmelter: I shall go tomorrow to Mr. Sauckel and say to him that he must give the fighter industry the next transport of workers from the East. The proposal that the fighter industry should not give back the laborers it received who originally worked in agriculture, has been turned down by Sauokel. I am commissioned to inform you of this.
"Milch: That is out of the question. Nothing shall go out of the fighter industry!
"Schmelter: I am commissioned to say that he must have this labor back again.
"Milch: Later, not now! One more thing. We must protect all the factories working for the fighter program. We must say to the, You must not give up people for anything whatsoever except on the command of the Jaegerstab. None can touch you, not even the local Labor offices and the ministerial authorities; requests for personnel must all be directed to the Jaegerstab. We must put that out clearly as an order."
Petri interjects; "That is already in previous minutes."
"Schmelter: May I request that this order should be extended to the management and repair personnel of the electricity and gas works.
"Milch: I can only do it for the Jaegerstab. I am not doing it for the bomber and other branches either as only we have that special authority.
"Schnelter: I should like to ask that it should only be done for manufacture and not construction.
"Milch: Agreed! We must write a letter to Keitel OKW and a letter to Sauckel saying: Requests are to be made only directly to the Jaegerstab."
MR. KING: It is clear from this document that the Jacgerstab had a priority in all matters of production, including labor, and that it had supreme power in the matter of labor for fighter factories in its jurisdiction.
The Prosecution now wishes to offer Document Number NOPW-365, Page 142, English Document Book 4: Page 142 of the German Document Book. This is, again, part of Prosecution's Exhibit Number 75. It contains an excerpt from the April 12, 1944, meeting of the Jacgerstab. These minutes show the Defendant Milch personally agreeing to demand labor from Sauckel. Lange is speaking. This is Page 142.
"Lange: Schmelter's men complain especially that they have no chance to make severe demands on Sauckel which would be carried out.
"Saur: Field Marshal, it would be best if you yourself went to Sauckel as the man in charge of Labor recruitment.
"Milch: I shall tell him that the 10,000 red tickets have not been covered."
In addition to obtaining labor through the Sauckel Ministry, it is clear, as the succeeding series of documents will show, that in some instances, the Jacgerstab made special efforts to get workers, by direct recruitment, from foreign countries, thereby by-passing Sauckel.
Document NOK -390. This next series of prosecution Exhibits consist of references to direct recruitment of labor at the meetings of the Jaegerstab.
These excerpts, as the Tribunal will see, show that the Defendant Milch actively urged forcible methods of recruitment in the procurement of labor. Milch was present at each of these sessions of the Jacgerstab.
The first document in this series is on Page 150 of your Honors' Document Book, and Page 150 of the German book. It is part of Prosecution Exhibit Number 75. The Document Number is NOKW-390. It is an excerpt from the May 4, 1944, meeting of the Jacgerstab. I might say Sauckel and Nagel were referred to as the transportation experts of the Jaegorstab.
Both were members. This document shows that the Jaegerstab, itself, was bringing in labor from Italy, and that it was using its own transportation to do so. Saur is speaking.
"Saur: Can the arrival of the reported 50,000 Italians be relied on?
By what date will the first transport arrive? This wording is, frankly, unintelligible. It was quite clear that the 50,000 Italians were coming so that the transport facilities were quaranteed long ago. How did such a report get into the minutes of 14.4?
(Comment: The camps into which these people are to go do not even exist yet.)
We shall not get any further like this! Inform Mr. Schmelter. "Milch: Are they coming via Sauckel?
"Saur: No. This is our own undertaking. Pueckel has clarified various doubtful points with Nagel and got ready a large number of vehicles and now all that comes to nothing, Schmelter must report on it tomorrow, not in the sense of whether it can be done, but that this and that must be done and by such and such means."
The next document which the Prosecution wishes to introduce in this series is N0KW-442. It is Page 151 of the English Document Book, and page 151 of the German Document Book. This is an excerpt from the May 5, 1944 meeting of the Jaegerstab, Schmelter reported on the reasons for the delay in the arrival of the Jaegerstab transport from Italy, Schmelter states the reason for the delay is the lack of adequate guards. He states transports wore leaving that very day. The Defendant suggests that any of those who attempt to escape from the transport while in route should be shot. I might add that the Dr. Wendt referred to in this excerpt is an engineer in the Luftwaffe. Schmelter is speaking. This is Page 151.
"Schmelter: Then, the transport of the Italians. 50,000 Italians have not yet been transported. It was due to the fact that the escort for the transport has not yet been appointed.
The conversation yesterday with the Plenipotentiary in Milan proved that the transport should leave today for this place, Woerl, where further distribution will be undertaken, I booked another call this morning, but did not get through. I hope to be able to give more details tommorrow.
"Milch: Has a proper reception center been set up in Weerl?
"Schmelter: Yes.
"Milch: It is assured that the number of those leaving is in reasonable preparation to those arriving?"
The party replying is not identified.
" That shall be. A man has been appointed by Schmelter to travel down there especially and control directly the conscription of civilians.
"Milch: Is there someone at the Escort Detachment Hq. in Italy responsible for seeing that people do not get out and run away during the journey? That is what the escorting personnel is there for.
Milch: Someone of standing?
" Dr. Wendt is responsible for the whole undertaking.
Milch: I am of the opinion that, if anyone jumps out, he should be shot; otherwise a thousand will get on and only twenty will arrive there. The gendarmerie and all military posts must look out for those who abscond on the journey. They will be arrested at once and will appear before a court martial."
It clearly indicates the treatment the personnel to be recruited from foreign countries was getting enroute. The next document in this series deals with the procurement, employment and allocation of concentration camp labor by the Jaegerstab. The first document which the Prosecution wishes to offer is on Page 161 of Your Honors' Document Book. It is Document N0KW-369 and, again, it is again part of Prosecution Exhibit Number 73. This is an excerpt from the Jaegestab meeting of June 27, 1944.
The Defendant did not attend this meeting. However, we have his personal initialed copy of the minutes.
I have previously described for Your Honors' edification; the operating capacities of the participants in this meeting. At this session; Schmelter; in the excerpt I shall read, reports that 12,000 female concentration camp internees had been demanded; their disposition had been provided for.
In connection with this same document, I also make reference to the excerpt on Pages 27 and 23. The original is on Page 161 of the Document Book. The decision is made to employ English and American flyers in fighter production or in the component parts industry. Starting with the speech of Schmelter-
DR. BERGOLD: May it please the Tribunal, I would appreciate it; if you would not permit this document to be introduced. I ask that for the following reasons: The Prosecution admits that the Defendant Milch was not present at this meeting. It can be seen by the affidavit which was submitted that he had already resigned on 20 June 1944 and transferred his office to someone else. Therefore, according to my opinion; it cannot be sufficient that he received a copy; that he initialed that copy. The Prosecution has to prove that at this particular moment he was still in possession of that responsibility The documents introduced show that exactly the opposite is true.
MR. KING: I would like to point out to Your Honors that we have no evidence that the Defendant Milch was no longer a member of the Jaegerstab; that these are personally initialed minutes from his own personal file, and that their probative value is for the Tribunal to determine. We submit that they are relevant. They are minutes of an organization which ceased to operate on July 31, or August 1, 1944. The Defendant still held a participating interest. Milch initialed these minutes for his file. They were kept in his file. That is indicative that he not completely resigned his duties as a member of the Jaegerstab.
THE PRESIDENT: Dr. Bergold, did you think this exhibit was competent, even if the Defendant had never heard of it under the theory of conspiracy, whereby the acts of any of the conspirators are binding on the others?