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?
DR. BERGOLD: May it please the Tribunal, the point of course is to be ob served. They must take into account the period time. Milch was out on the 20-tin of June. From that print on he was no longer Generalluft zaigmeister; therefore, I am of the opinion that he can not be held responsible for the actions which occur after the 20th of June, even if we take it under the point of view of conspiracy.
MR. KING: If Your Honor please, I have something to add to that. I notice that the defendant states that he resigned as Luftzaigmeister and State Secretary in the Air Ministry. He makes no reference to the Jaegerstab. He states that the Jaegerstab ceased operation in July or August. He is not entirely clear there. He states very clearly that on June 20, he left his duties as Generalluft zaignmeister and Secretary of State in the Air Ministry. It is the only evidence which has been presented to the Tribunal as yet that the Defendant ceased to actively operate in production matters after June 20, 1944.
THE PRESIDENT: The Prosecution includes within the scope of the conspiracy any acts done under the Jaegerstab, do you not?
MR. KING: We do. We have attempted to trace the background of the Jaegerstab; to show by documents submitted, that Defendant Milch was originator of the conspiracy and that he conceived the conspiracy and instigated the formation.
We have shown that the crimes of the conspiracy extended beyond June 20, 1944, which date we do not accept as Milch's resignation date from the Jaegerstab. He stated in the interrogate n that he resigned as Generalluft zaignmeister and Secretary of State of the Air Ministry.
THE PRESIDENT: But he continued under the Jaegerstab?
MR. KING: That is right.
THE PRESIDENT: He continued the same alleged criminal acts which you charged him with in his former capacity?
MR. KING: That is correct, Your Honor.
THE PRESIDENT: What do you say to that Dr. Bergold?
THE PRESIDENT: Is my voice getting through?
DR. BERGOLD: Sir?
THE PRESIDENT: The point is, if I may explain to you; that the defendant is here accused of continuing with unlawful acts in one capacity, and then, immediately after, in another capacity, and that does not make any difference, that this document arose during the second phase of these acts instead of the first.
DR. BERGOLD: May it please the Tribunal, I have so far understood the defendant as well as the prosecution that on 20 June his activities with the Jaegerstab, too, were ended, of course, later on I shall prove that, so then I shall withdraw my objection but reserve the right to come back to it at a later point.
THE PRESIDENT: Very well.
DR. BERGOLD: Very good.
MR. KING: Starting with this document on page 161 of the English Document Book No. 4, with Schmelter speaking:
"Schmelter: I have a few more points. Up till now 12,000 female concentration camp internees, Jewesses, have been demanded. The matter is now in order. The SS has agreed to deliver these Hungarian Jewesses in batches of 500. Thus the smaller farms, too, will be in a position to employ these concentration camp Jewesses better. I request that these people should be ordered in batches of 500.
Mahnke: How many are still there.
Schmelter: There are still enough there."
The Prosecution now wishes to introduce Document N0KW 362, which is Prosecutor's Exhibit No. 75, at page 149 of the English Document Book and page 149 of the German. This is an excerpt taken from the Jaegerstab Staff meeting dated May 1 to 3rd, 1944. Defendant Milch was in attendance at this meeting. I read the reference to the speech by Schnauder, concerning the Heinkel factory, starting at the second paragraph at page 149:
"SCHNAUDER: 1) At the Heinkel factory at Barth there are 3,300 workers, consisting of 300 Germans and 3,000 concentration camp inmates. Of the 3,000 concentration camp inmates 1,500 are men. In order to maintain their working capacity it is necessary to evacuate these men too during daylight air attacks.
However, there are not enough guards and sometimes 354A there is a deficit of as many as 20.
As guards can not be drawn from any other source, it has been decided that the factory is to arm a.s guards certain men from its own ranks to guard the concentration camp inmates."
This document clearly shows the involuntary character of the labor employed at that factory within the jurisdiction of the Fighters' Staff.
With the incumbency of the invasion in the West, transfers of labor of the interior were discussed at meetings of the Jacgerstab; including labor employed in the Speer Labor Factory System.
The next document the Prosecution wishes to introduce shows the defendant's position in regard to recruitment; and treatment of this labor. The first document of this series is on page 143 of the English Document Book, and 143 of the German. This document is N0KW-334; and again a part of Prosecution Exhibit No. 75. The participants in this discussion include Wegener, who was in charge over all planning of the Jaegerstab; Werner who was in charge of aircraft or motors; Schaaf in charge of Supply of the Jaegerstab; Schaede who was in charge of Rationalization under Saur; Heyne who was chief of the airplant production; and Kleber who was chief of the OK in the Jaegerstab. The Tribunal will see from, this excerpt that type of treatment of personnel the defendant was advocating; as for the personnel transferred to Lorraine; the defendant treated them, as prisoners, and confined them, to barracks. Your Honors will also see in the case of the prisoners of war the defendant advocated their transfer to Brunswick on the assumption that air attacks against Brunswick would continue. This is at page 143 of the English Document Book, Wegener speaking:
"WEGENER: I have a question for Schmelter: Has the question of the transfer of Western Europeans been clarified?
WERNER: On this subject I can say that it is especially difficult for BMW, because we can only transfer Russians and concentration camp in mates, and the guards for these are mainly Belgians and French.
"WEGENER: As far as I can remember, 200 key personnel are needed for Markirch.
355A
MILCH: That must be brought before the Fuehrer again.
SCHAAF: Saur come back and said there was no more to be said on this subject to the Fuehrer.
MILCH: That is out-of-date now. I have discussed with Saur the fact that we can not keep up this state of affairs. Saur is of my opinion. It must be discussed once more with the Fuehrer. I can discuss it again with the Reichsmarshal.
We shall do what we can, but we cannot throw everything into confusion without due consideration. How should we then manage to produce!
I am convinced that the Fuehrer will agree as soon as we can put these people reasonably, into barracks, so that they do not come into contact with the population.
SCHAEDE: Whenever French key personnel are brought to Lorraine, they run away without fail in a short time. Then the firm has to be told. They do not come back from leave already.
MILCH: It will only work if we put these workers into barracks, he cannot exactly treat them as prisoners. It must appear otherwise, but it must be so in practice."
Then again Milch on page 33 speaks:
"MILCH:........ I am personally convinced after talking to the Fuehrer that he will agree as soon as it is made reasonable. The people should "not be able to mingle with the population and to conspire. Nor should they be allowed to run around free, so that they can cross the frontier every day. Both practices must be stopped."
Then, later on, Heyne speaking.
"HEYNE: I have two short points. Yesterday Machrisch-Truobau was removed from the program, because the Quartermaster General told me the previous night that it was possible to move on the morning of 28.4. Last night I was called up again, because the Chief of Prisoners of War Affairs did not quite agree with the now accommodation in Brunswich of the prisoners from Maehrisch-Truebau for some reasons of security.
I should like to ask Major Kleber, who was also yesterday announced as Mr. Saur's liaison officer with the OKW, to exert some pressure hero. Apart from 356A that General Schmidt said:
there were also some fighter units and such like in the burracks; he could not move out as quickly as that; he would not take orders; otherwise he would go to the Reichsmarshal."
Starting again with the paragraph "Apart from that General Schmidt said: "Apart from that General Schmidt said: there were also some fighter units and such like in the barracks; he could not move out as quickly as that; he would not take orders; otherwise he would go to the Reichsmarshall.
MILCH: I am of the opinion that that must be done at once. It's all the same to me if individual people do object. Protest does not interest me at all, whether from the Chief of Prisoners of War Affairs or from our side. Kleber, would you be so good as to take care of this?
KLEBER: As far as prisoners of war are concerned I can take care of it, but not where it concerns the Air Force. That must be handled separately.
MILCH: Naturally. This must be handled by us. There was in fact, another proposal but we do not want it. Otherwise someone else will come complaining.
KLEBER: I should like to transfer the prisoners further off to Brunswick.
MILCH: I think it is an excellent idea for the prisoners to go there if Brunswick continues to be attacked.
SAUR: I must come back again to the question of Western European workers. Make an energetic attempt to make a compromise within the factories. I think it will work out. I do not think the Fuehrer will give in even if we put the French into barracks. He has spoken so firmly and for reasons which I cannot but recognize.
I am all the more thankful that permission has been given for the Protectorate. I am going to see Staatsminister Frank on Friday, and I shall discuss with him the whole question of dispersal in the Protectorate. I should like Schmelter to accompany me to Prague on Friday to discuss the question of transfer of workers."
That is on the question of the transfer of Czech workers.
"MILCH: I said before that we wanted to carry out the transfer within the factories. Then if something is left over, we should have to approach the Fuehrer again, but only on condition that they arc in barracks, and that there are replacements for them."
A second document in this series which the Prosecution would like to bring to the Tribunal's attention is document NO. NOKW No. 350. This is at page 159, in the English Document Book, 177 in the German's. This again is part of the Prosecution's Exhibit No. 75. This is an excerpt from the Minutes of the -Jaegerstab Staff meeting of June 1st to the 3rd, 1944. On page 159 Milch speaking:
"MICH: We must write off these areas in France completely, and above all the factories which arc situated further into the country towards the South and West. For when the invasion begins, the guarding neither of a stretch of land, nor of a line will be possible, nor will anything function because of sabotage.....
No Frenchman will work when the invasion begins. I am of the opinion that the French should be brought over again by force, as prisoners.
SAUR: I should prefer to do it sooner.
LANGE: We have machines there too, in particular the presses.
MILCH: Everything must come out: machines and men."
Here we have the defendant advocating the stripping of territories in France, and the deportation of the population by force to Germany. By August 1, 1944, the achievements of the Jaegerstab were considered so successful that it was decided to enlarge the scope of its activity in order to include other phases of its achievements, and on that date a decree was issued to dissolve the Jaegerstab, creating in its place the "Rustungsstab." This change of name is referred to in Document NON -335, at page 164 cf the English Document Book, at page 162 of the Germans. This is an excerpt from the Jergerstab meeting dated 31 July, 1944. We have introduced this document to set the period of the existence of the Jaegerstab.