That such was the case in Germany, where all activity except that which had a direct bearing on the waging of war was strictly forbidden.
"3) That, consequently, there was not a Prisoner of War, of whatever nationality he might be, whose efforts, from the very moment, when he started work, were not of direct value to the war.
"4.) That, in the event of our insisting on the systematic application of Article 31, the high German authorities would be compelled, for their part, to withdraw all the favours from which the French Prisoners (Auflockerung) of War have benefited, namely: liberation of prisoners, liberty, etc., Finally, that the rigorous application of the letter of the law would include sanctions to be taken against kommando of Military Districts III, V and XVII, whose attitude had been judged, as has been stated above, by the high German authorities.
"In view of this presentation of the questions, it was agreed:
"a) that we would not insist upon the systematic application of Article 31 of the Geneva Convention.
"b) that the favourable measures from which the French Prisoners of War had been benefitted up till now should be continued.
"c) that no sanction would be taken against the Prisoners of War kommando of Military Districts III, V and XVII.
"d) that the special claims relating to their treatment, food, and working hours, which were, incidentally, based on the requirements specified by the kommando concerned, should be examined in a favorable light, with a view to introducing improvements.
"c) that, when a difficulty arose on the subject cf the application of Article 31, it should, after having been brought to the attention of the Protective Power by the machinations of the confidential agent, it be examined on its own merits by myself and the high German authorities with a view to finding a solution in keeping with the nature of the basic problem, according to whether it has bearing on the principle or on the condition of work.
"Such, in brief, is the history of this question, and such the present position. It follows that when you are faced with a problem of this kind, you must:
"1) remind your comrades of the terms of Articles 42 and 31 (paragraph 2) of the Geneva Convention.
"2) Request a detailed report of the grievances caused by the kommandos concerned.
"3) Hand over the whole matter to the German French Plenipotentiary, thus enabling the Protecting Power to get into contact with the Detaining Power.
"It goes without saying, that, before adopting this mode of procedure, you would draw your comrades' attention to the fact that, in the event of the Protecting Power's obtaining from the Detaining Power a change of command, this change might entail not only advantages for the people concerned. Unfortunately, it is my duty to point this out to you.
"I hope that this survey will furnish you with complete information.
I am aware of the difficulties of your task. They are sistertroubles to my own. I am counting on you to maintain the spirit of unity of discipline of calm and self possession which you have been able to spread in your camp, and I thank you for your devoted service. My affectionate greetings." "Georges Scapini" "French Ambassador."
And here, of course, we see what was done by the Germans - the O.K.W. through the puppet, who is in Berlin, representing certainly something that wasn't France, someone who didn't speak for men like this witness, or thousands of others who were prisoners, a willing tool in an iron hand, saying: "I've spoken to the O.K.W. You were very fortunate. You've been well treated. It could be worse."
I have no further questions.
REDIRECT EXAMINATION BY DR. BERGOLD:
Q. Witness, you told us this morning that you were taken from Lueckenwalde to Brandenburg. How long did that trip take?
A. I cannot give you the exact time any more, but I remember - I'm perfectly certain that it was more than a day because we passed two nights in the train.
Q. Did you drive and drive for one whole day without stopping from Lueckenwalde to Brandenburg? Or did you stop some place for a longer period of time?
A. If I may draw attention to the fact that first of all, trips and railways during the war were rather difficult in Germany, and furthermore, to the fact that prisoners of war and the transports of prisoners of war were considered so very unimportant a part of the nation that very often one would just let them stand on the rail for seven hours and for another seven hours. I remember that we stopped somewhere in the region of Berlin.
Q Thank you.
A Because I want to explain that we went Berlin-Lueckenwalde-Brandenburg and that we did not touch the line, Juterbog-Wildpark because I know very well this railway line.
Q Thank you, witness. You told us of Italians who were at the Arado Factory before 1943?
A I spoke of Italians indeed before 1943, but I never talked of Italian, prisoners of war. These Italians were volunteers or at least the Germans said that they were volunteers, and they were quite friendly with the Germans. They were civilian clothes with armbands or some insignia. They were very proud of being Italians. Some of them, of course, seemed to have slightly different political opinions, but as a general rule these were passed off as or were volunteers and I was rather inclined that they actually were civilian volunteers, at least, inasmuch as the Germans used to call these people volunteers.
Q But these people came from Italy, didn't they, those Italians? At that time Italy wasn't occupied by Germany?
A Yes, that is quite correct. Italy was not occupied by the Germans yet, but I don't think that I bring anything now to the knowledge of this esteemed Tribunal, and I don't think either that I depart from the impartiality which a witness has to show if I say that if it is true that the Germans did not actually occupy Italy at that time, that the German National Socialists still had in Italy some people who resembled them like brothers.
Q But at that time the legal Italian Government, was the Fascist Government, wasn't it?
A Yes, they were the legal government, but is the legal question or the human question to be discussed now?
Q We don't want to go into politics here.
A I have not started to talk about politics. Somebody tried to make me make a political pirouette here, and I answered in the same way.
Q I asked you because you had asserted that the Italians hadn't gone on a voluntary basis. Witness, I want you to answer only my questions and nothing else.
A I have never said anything like that. I never said that there were no volunteers, and besides that, I think that the question is not very relevant because there were rather few Italians at that time. The main bunch of the Italians we got down there were brought in after the occupation of Italy when the Germans brought then in by force, and therefore I think that the question has no particular importance.
Q Witness, you told about your working hours. In 1944 and '45 you said it was fourteen hours. Was that the working time for the German workers as well?
A I want to clarify that point. First of all, I already said that these fourteen hours did not apply to all the workshops, but only to certain workshops, and second, it is quite clear that theoretically the Germans had exactly the same working hours, but there were some restrictions to that and that was the fact that once or twice or even three times a week the Germans would have permission to leave at 4:00 o'clock or towards 4:00 o'clock instead of the later hour at which we used to leave, either to go back to their camp -- there probably they had to clean up a little bit, or for family reasons, or else a reason which was most frequently given, to queue and get their meal tickets. At least, those were the reasons which the German workers used to give us when they left off at 4:00 o'clock.
Besides that, I want to thank the defense counsel for having kindly put this question to me, because it enables me to give one more detail which I had forgotten before. I forgot to say that these working hours I was referring to were the hours of actual work completed in the factory and that the time to go to the working place or to go back to the camp was not included in these working hours.
When the factory was decentralized, after the air raids especially at that time, some of the working places would be at the distance of up to two and a half miles and with the bad shoes these prisoners had, they even had to walk to the place and this time was added to the working hours, a fact which constitutes another violation of the Geneva Convention.
Q. May I ask you a question, witness, concerning that roll call you had after that strike of yours? Do you remember that?
A. Yes, I remember.
Q. Just a moment. Just a moment. Let me ask you now, you mentioned the fact that at 5:30 in the evening officers came to that camp and you also remember that Mr. Denney asked you what kind of uniforms they wore?
A. I remember that I was asked that question.
Q. Witness, what uniform was that? Was that the uniform of the Luftwaffe which these officers wore? because you said the general uniform there were also officers of the Luftwaffe or was that the gray-green uniform of the normal Army officer?
A. First of all, I'd like to draw the attention of the Defense counsel to the fact that it was 5:30 p.m. on the 21st of January, therefore rather dark, and that it was snowing. And second, I do not see the reason to ask me this question again because this morning already I answered that it was the uniform, the regular uniform of the Wehrmacht officers.
Q. Witness, you don't have to think over whatever I ask you, but it is my right to ask you a question and it is your duty to answer my question. Do not forget that.
INTERPRETER TREIDELH: I have to complete the witness' statement.
THE PRESIDENT (in French): Witness, will you please remember that you are hero in the capacity of a witness, and not as an attorney?
INTERPRETER TREIDELH: The witness' statement completed was -- besides that, the officers told us that they would not make a decision about this, what they called this mutiny -- Meuterei as they called it, and in fact, the decision was brought to us later.
Q. Witness, you also spoke of the fact that near that place where you were working you met a Frenchman from the Penitentiary Goerden and I wish you to answer my question by "yes" or "no".
A. I had met this Frenchman in the factory, in the boundaries of the factory of what we called the Neundorf Arado factory, and he was in there.
Q. He said, however, that he had been at the penitentiary Goerden or something to that effect?
A. Yes, he came from that penitentiary.
Q. You said before that the man was wearing the uniform of a concentration camp inmate. Do you know that in Germany all prisoners, even those from prisons and penitentiaries, were striped uniforms?
A. I know that. I have knowledge of the fact because I learned it just from these people of the penitentiary of Goerden. But I know another fact, too; and that is that the Geneva Convention prohibits taking the uniform away from a prisoner of war.
Q. That is a point of argument, and I shall mention that later on. When the prisoner goes into the penitentiary, that is something entirely different. That is my opinion, at least, Witness, you spoke of airraids. Can you tell me how many Germans were killed there?
A. Yes, on the 6th of August very few Germans were killed. At least there were less than ten because that 6th of August 1944 was a Sunday and there was very little work done in the work halls there; or, rather, I would say that the work in the workshops was already finished because the bombing took place at 1:30 p.m. As for the bombing, the airraid of the 31st of March 1945, well, it was very much the same story. That was the Saturday Saint Holiday, there was no work in the factory. Besides that, of course, it was the 31st of March 1945, and the Germans did not push their production with the same strength they used to push it before. They were rather disillusioned, a little disillusioned, and they didn't pay so much attention; and therefore nobody was killed at the factory.
Our own workers were not killed at the factory itself either. They were all killed in the camp. But on the other hand, of course, in the city of Brandenburg itself there were numerous German victims because all the areas covered and in the vicinity of the Opel, Arado, Brennaber, and central German Metal work factories were heavily bombed and damaged, so that there were many German victims in these regions.
Q Now, Witness, I must have misunderstood you this morning. I said that the attack of the 31st of March occurred in 1944. You just said that it happened in 1945.
A That would be very easy to clarify. In 1944, you said. That is not important. If there is an error, that would be just by accident; and I don't pay any attention to it because it is very easy to find out just by checking up as to when the Saint Saturday in 1945 and in 1944 was.
Q Witness, you said before that there were protective measures and that while you were being submitted to air-raids you were called upon to do that work. Would you be kind enough to tell us what kind of protective measures they were?
A The kind of duty they wanted to make us perform was mainly guard duty.
We would have had to circulate in the factory, four or five of us always together, accompanied by a German soldier. At that time what they dreaded most were the incendiary bombs, phosphor bombs. If we had accented this kind of duty, we would have had to go around in the factory and look to see whether there was an incendiary bomb somewhere and then we would have had to extinguish it with sand. Of course, another duty would have been that we would have had to stay in the factory during the air-raids.
There were, of course, other duties for other prisoners, mainly for the Dutch and Russian prisoners. They had to do anti-aircraft duties; the anti-aircraft guns had to be manned by them. If we refused to do that, if we didn't do it, it was because we knew very well where that would lead us and because also as soldiers and prisoners we had to refuse.
Q Are you sure that they were Dutch prisoners and not Russian prisoners?
A I'm sure that they were Dutch and Russians. I don't know whether the Russians were prisoners or civilians. I never found out what they actually were.
Q One moment, witness. Did you ever hear anything about the fact that the Russians had volunteered to do this kind of work?
A Yes, I grant you that; but, of course, you have to define the word "volunteer" in the way the Germans define it, because why did these people volunteer? Because in order to man the anti-aircraft guns the Germans would place at their disposal an additional ration card for fat and food; and these people were so hungry and so famished that they would have done whatever you wanted them to do in order to have some more food; so we cannot even blame our Russian comrades for having done that.
Q I'm not trying to blame them either. Witness, you spoke before of the prohibition that had been given to you concerning sexual intercourse with German women.
A Yes, I remember.
Q Was this regulation applied to prisoners of war?
A Yes,
DR. BERGOLD: Thank you. I have no further questions to the witness.
MR. DENNEY: If your Honor please, I have just one question DIRECT EXAMINATION BY MR. DENNEY:
Q Did anyone while you were a prisoner of war ever show you a copy of the German statues?
A What kind of statutes?
Q German penal law.
A No, I never knew anything about it whatever. I knew about the German statutes, German penal law I knew, because I had studied some comparative law when I was studying law.
MR. DENNEY: No more questions.
THE WITNESS: May I add something concerning the document which has been handed to the Tribunal. The OKW answered to the Scapini Mission, who had written that letter, that if the Article 31 had been strictly applied, prisoners of war would have had to put up with a very hard situation, that is, they could have been sent into salt mines, into coal mines, into the factories for synthetic gasoline, and near to stoves with very high temperatures, and I have to add that the Germans have not deprived themselves of this privilege of putting prisoners of war into the factories producing synthetic oil and synthetic gasoline, and, also to put them near high temperature furnaces; and, I can even remember one of my comrades who had left the Arado factory, and who worked at the Mittel Deutsche, at the Central German Metal Works, which was at Brandenburg, who had to work very close to one of those high temperature furnaces, and I even remember of an Italian worker who had committed suicide by throwing himself into the melting stove. That, of course, is not an excuse here, because if these facts do not constitute a violation of Article 31, then they are a violation of article 32 of the Geneva Convention.
JUDGE PHILLIPS: What effect did your work and your living conditions have on your health and the health of your comrades while you were working there in this foundry or factory?
THE WITNESS: I must say that there were numerous cases of tuberculosis, and there were not many of my comrades who died, but many workers, French workers, did come home to France with tuberculosis. But in order to clarify that I have to say that for a certain time we received food parcels from home, and as soon as these food parcels stopped, we were saved by the fact that the American Red Cross would send us other parcels, after an agreement was reached with General De G**lle at Algiers.
DR. BERGOLD: May I ask one more question, your Honor.
BY DR. BERGOLD:
Q Witness, do you know that at the present moment in France German prisoners of war -- that is, Germans who were prisoners of war in France also worked in mines?
A I know that, but I think it is all a question of whether the German POW's in France are treated the same way as the French POW's used to be treated in Germany. It is all a question of humanity, and I think that we Frenchmen have a reputation of being more humane than the Germans.
DR. BERGOLD: That might be arguable.
MR. DENNEY: The witness may be excused if there is no further examination.
THE PRESIDENT: Yes, you may be excused.
(Witness excuse)
MR. DENNEY: I don't know whether or not Dr. Bergold has General Vorwald here.
THE PRESIDENT: This, I think, terminates the testimony of the French witnesses in the proceedings of the trial.
MR. DENNEY: Yes, your Honor, please.
THE PRESIDENT: Dr: Bergold, will you look carefully and see whether you have General Vorwald.
DR. BERGOLD: General Vorwald is not here as yet, as I learned from Mr. Jackson. However, I have a request, your Honor, I would appreciate if there would be no session tomorrow. You know what is worrying me now. Here I all day long in this court, and I have no possibility whatsoever to take care of my own personal affairs, particularly with regard to this thing that occurred today. Your Honor will understand that owing to my great concern with regard to family affairs, I would appreciate if there will be no session tomorrow, in order to cope with the difficulties which have befallen me at the present time.
THE PRESIDENT: Of course, if General Vorwald is not here tomorrow there would be nothing we could do anyway, and furthermore, you would have no time to talk to him. What do you think, Mr. Denney?
MR. DENNEY: I find no reason to disagree with Dr. Bergold's request, your Honor, please.
THE PRESIDENT: It is a little difficult to make any plans because we do not know what happened to your last witness.
I think if he is not here by Monday, you will have to proceed with the defendant's testimony, or some ether testimony, as we can not be delayed any longer waiting for this witness. Now on Monday morning we are to have the arraignment in another case which has been assigned to this Tribunal, and that will take perhaps an hour or an hour and a half. There are fifteen defendant but after that is over we will go ahead with this case at eleven o'clock and we shall go ahead whether Vorwald is here, or not. If he is not here you will have to be prepared to go ahead with whatever further testimony you propose to offer.
This Tribunal will now recess, and this case will recess until Monday morning at eleven o'clock. The Court will recess until Monday morning at 9:30 A.M.
DR. BERGOLD: Thank you.
(The Tribunal adjourned until 0930 hours, 10 March 1947)
Official transcript of the American Military Tribunal in the matter of the United States of America against Erhard Milch, defendant, sitting at Nuernberg, Germany, on 10 March 1947, 1330, Judge Toms presiding.
THE MARSHAL: Military Tribunal No. 2 is in session. God save the United States of America and this honorable Tribunal. There will be order in the court.
DR. BERGOLD: May it please the Tribunal, before I ask you to call the witness which we have waited for, the witness Vorwald, I would like to thank the Tribunal personally for having helped me and for having given me two days off in order to get rid of the difficulties I was in. I now ask to be allowed to call the witness Vorwald.
THE PRESIDENT: The Marshal will bring the witness Vorwald into the courtroom.
The witness will raise his right hand and repeat after me. Will you please raise your right hand?
I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing.
(The witness repeated the oath.)
You may be seated.
DIRECT EXAMINATION BY DR. BERGOLD:
Q. Witness, I ask you to speak slowly, and after each question I put to you, I ask you to make a little, short pause before you answer, because it is necessary in order to enable the translators to finish the English translating of my questions.
A. Yes.
Q. Will you please state your full name.
A. Wolfgang Vorwald.
Q. When were you born, witness.
A. 6 May 1899.
Q. Where were you born?
A. Beeskow in Der Mark.
Q. Witness, what was your last position in the German Wehrmacht?
A. Commander of the Luftgau VII, Munich.
Q. Do you know the defendant Milch?
A. Yes.
Q. Can you spot him in the Tribunal - in the courtroom? In that case, I ask you to point to him in order to show you recognized him.
(The witness pointed out defendant.)
DR. BERGOLD: I ask that it be stated in the record that the witness has recognized the defendant.
THE PRESIDENT: The record will so state.
BY DR. BERGOLD:
Q. Since when Aid you know the defendant Milch?
A. Since 1937 and not since 1941.
Q. What position did you hold in 1937?
A. In 1937 I was on duty in Wiesbaden and I met Field Marshal Milch there.
Q. Witness, at that time did you especially notice Milch?
A. Yes.
Q. Will you please always make a short interval before you answer. Now, Please give us some more detailed information.
A. During a conference Field Marshal Milch was present, and for about an hour I sat opposite him, and during this evening, during this time, Field Marshal Milch developed his plans for France. This I remember especially then, at that time.
Q. What position, witness, did you hold in the year 1941?
A. On the 3rd of November I was Chief of the Technical Office under Generaloberst Udet.
Q. When did Milch succeed to the office of the GL?
A. After Udet died, about 20 November 1941.
Q. Please, witness, explain to the Tribunal what activities the Office C had at that tine in the framework of the Office of the GL.
A. The Technical Office at that time was responsible for the development and supply and proving of apparatus of the Luftwaffe.
Q. Was there a difference in the sphere of work which the former office - that is, most of the time it was directed by Udet - did?
A. The sphere of the work was the same, only the organization fundamentally had been changed; various sections responsible for proving, but now these sections were separated into development sections on the one hand and supply sections on the other hand. The testing was immediately subordinated to the Chief of the Technical Office.
Q. And this chief of the Technical Office, so-called Office C, you were his chief, weren't you?
A. Yes.
Q On this occasion I would also like to talk of the DVL. Do you know of the DVL, Witness?
A Yes.
Q Was the German experimentation station for navigation subordinate to the C office?
A No.
Q Was the DVL an independent office or from what office did it depend otherwise?
A It was a registered association.
Q But before that industry office there was an agency that was presided over by a certain Mr. Baeumker, an agency which had a certain supervision over the DVL?
A. That was the former Section LC-1. Its task was the research. That is, they issued directives to the research department. At night time this department was despoiled and did not exist anymore.
Q But at that time there was a so-called research council. Was that the agency which succeeded the LC-1, or was that something quite different?
A That was a new classification where the research council of the Luftwaffe was subordinate to the Reichsmarshall Goering immediately.
Q That means that it was not subordinate to the GL?
A No.
Q What was the importance and the field of tasks which this research council had? Did it receive directives from Goering or how do you conceive and describe its field of tasks?
A Yes, it became subordinate to Goering; and we also approached him with the request to take care of the research in special fields. That research department at the important developments of the GL mostly had sent one representative.
Q During these conferences did this man repeat directives and listen to what problems were of interest for the GL, and did he then on his own initiative start research?
A He did not receive any evidence but was requested to take interest in special fields in the Luftwaffe research which were important for the GL.
Q Witness, you see a chart here upon the wall, and on this chart this DVL is shewn at the left side under the name of Dr. Baeumker. Can you see that right on the edge of it? The left one is Ruff.
A Yes.
Q And there is a direct channel of orders. Do you see that? Was this draft the correct draft?
A No, it is completely wrong.
Q I think you have already shown why it is wrong; or do you have anything to add?
A Baeumker was not in Berlin at all since 1941 but in Munich and was in one research institute. Beckmann and Christensen, who are on the top of this draft, were chiefs of the section on the master position.
Q Did you have any connection with the DVL in your capacity as a superior officer?
A No, nothing at all.
Q Witness, since when was Milch concerned directly with the armament during the war?
A From the 20th of November, 1941.
Q In his capacity as GL, had he any connection with the Four Year Plan?
A No.
Q Your agency, Sauckel and his offices, the different labor offices of the district, were they directly subordinate to Milch or to your own office?
A No.
Q Did Milch or the GL have any connections with the execution of Sauckel's tasks, that is, the recruiting, the drafting, the transportation, the labor and everything else concerning the foreign workers? Did he have anything to do with that?
A No.
Q Witness, now, referring to the fact that during the war there were several locations at which labor was needed, could you tell me now in what manner the air industry received its workers?
A Yes, After a plan on the recruitment, on the supply of aircraft and motors had been drafted and had been given to the aircraft industry, it was the task of the various plants which had to supply the workers necessary for this plan.