On page 104 in the English book, Page 118 in the German book. A letter from the Deputy Fuehrer dated Berlin, 26 February 1935, addressed to the Reich and Prussian Minister of Justice. Beginning with the first paragraph we would like to read the entirety of that letter.
By your circular of February 8th all judicial authorities were notified to get into touch with the Racial-political Office of the NSDAP by mediation of the Ministry in all questions regarding the publication of judgments in the sphere of Penal and Family Law relative to racial-political problems.
It has been discovered that repeatedly disagreeable propagandastic consequences have arisen through the reprinting of factual information or discussions from legal publications in the daily press.
In this way a re-print entitled "Castration can be ordered also against aliens," published in the Gazette of the Supreme Court, has appeared for instance in the Frankfurter Zeitung, although the interpretation of a decision of the Supreme Court by a daily paper is politically undesirable for the moment. According to the Ministry of Propaganda, however, no legal objection can be made against this re-print, as the Frankfurter Zeitung is entitled to do so in its capacity as subscriber of the gazette of the Supreme Court.
In another case a judgment of the Hereditary-Health Court in Frankfurt a/M, which was justly criticized in the "Deutsche Justiz." I might say parenthetically there that the English translation says "German Justice," but that is, as the German text will show, the German publication to which we have referred as "Deutsche Justiz." To continue:
"--has been discussed by a large part of the home press. This discussion was carried out in a formal, incontestable manner with a pronounced tendency against the preventative law against progeny with hereditary disease. The propaganda effect of these detailed discussions about the limits of our duty for sterilization must foreibly be prejudicious, if carried out in the daily press, the more so as just in this sphere there are signs of a continually increasing counter-propaganda based on confessional and ideological reasons.
"In accordance with the Ministry for Propaganda I, therefore, consider necessary an immediate restriction of the right of reproduction and re-print as soon as it concerns racial political discussions in legal papers.
"I should appreciate information resp. a conference about the possibilities to stop this grievance which still exists for the moment.
Heil Hitler (signed) CROSS " The next letter in the English translation which appears on Page 106 appears, according to my information, on Page 114 of the German book.
THE PRESIDENT: Are you Introducing No. 59?
MR. KING: The letter which I am about to read, Your Honor, is a continuation of the Exhibit No. 59. 59 consists of several letters. This is a letter dated Berlin, December 11, 1934, and it is from Dr. Gross. It is addressed to tho Minister of Justice, in which he says:
"Referring to the enclised copy, I consider it necessary to have a consultation in regard to the cooperation desired by the deputy of the Fuehrer and request information as to when a conference with the Secretary of State or a gentleman delegated by you would be possible.
Signed Gross."
The "enclosed letter" to which he refers is found on the next page in tho English book 107 and is found in the German book on Page 115. I will not read the heading. Beginning with the first paragraph:
"Several events during the last days have proved that in the treatment of racial questions the necessary harmony has not yet been obtained in the attitude of all authorities, and that, in particular, the effects on foreign politics are frequently not taken into consideration which any measure and announcement must make in this sphere.
"I, therefore, ask all Reich and State-authorities to get into touch with the Party Office of Racial Policy of the NSDAP," then follow the street address and telephone number before issuing any decree of announcements and measures in the sphere of racial policy; the chief of said office is responsible to me for the unification of the opinions and measures in this sphere."
This is signed: "R. Hess."
MR. KING: The next letter in this series will be found on Page 108 of the English text and Page 116 of the German Text. It is a covering letter to the Racial-Political Office of the NSDAP. The paragraph to which we wish to call attention is as follows:
"Enclosed please find a copy of the letter of the Fuehrer's Deputy dated 25.5.1934 for your information and attention. Verdicts in the sphere of Penal and Family Law about racial-political questions will concern Justice in particular.
"It is requested that all announcements and measures which are to be published be forwarded to the Racial-Political Office of the NSDAP through my mediation."
The next and last letter in that series will be found on Page 109 of the English text and Page 120 of the German Text.
This is a letter dated Berlin, March 13, 1935. It is addressed to the National Socialist German Labor Party, Racial-Political Office. It is entitled "Publications relating to racial-political matters."
The first paragraph reads:
"Referring to the conversation about the matter between your officials and the chief of my press-service I wish to indicate my opinion in regard to your letter of 26.2 as follows:
"My Reich degree dated 8.2.25 - ZSa. 12183 - which has been addressed to all interested judicial authorities of the Reich and brought to the attention of the Racial-Political Office stipulated that in the sphere of judicial matters there will be no publications of any sort concerning racial-political questions which have not been submitted to the Racial-Political Office or to me beforehanc This measure will still apply more so, once the establishment of the pressservices at the Supreme Court and at the courts of the non-Prussian states, which is under way, is carried out.
"Therefore it will be possible in the future to prevent the publication of a decision of racial-political contents in periodicals of legal character and in the daily press, if any objective considerations against their publication should exists. On the other hand, it will be possible this way to add a certain commentary to a decision designed for publication.
"Under these circumstances I believe to be able to dispense with further measures at present. I especially do not wish to interfere for the moment in your suggested limitation of the right to re-print extracts from judicial periodicals.
"Should the future prove that the proceedings are not adequate to eliminate the encountered grievances, further measures would have to be taken."
It is initialed for the signature of Gaertner.
There follows on Page 110 of the English Text, and Page 112 of the German Text, a handwritten note in Gaertner's handwriting which we would like to read.
"1.) The author of this letter, Dr. Gross, introduced himself to me in person and asked to get into touch with him when publishing racial-political matters. In his opinion, such disclosures in the domain of the administration of justice should occur very seldom, could, however," occur once in the sphere of the Penal and Family law.
"I promised him to inform the press advisor accordingly."
That is, as we said, signed by Gaertner.
The Prosecution would now like to introduce as Exhibit Number 59, the Document NG-293.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Prosecution Exhibit Number 60, the Prosecution will introduce Document NG-306 which is to be found on Page 111 of the English Text.
This is a letter dated Berlin, 6 August 1938, from the Reich Minister of Justice to a number of courts and to the Directors of the Court Press Relations. Its subject is, "Publications on Racial Policy." I would like to read this letter in its entirety.
"I have sent a letter from the Fuehrer's Deputy dated 25 August 1934 concerning proclamations and measures taken in the field of racial policy, in circular form dated 8 February 1935 to the higher authorities of Justice for information and attention. This circular was also forwarded with an enclosure to the Directors of the Court Press Departments as a circular dated 18 June 1935.
"In agreement with the Fuehrer's Deputy and the Minister of the Interior I would like to state that the directive of the Fuehrer's Deputy dated 25 August 1934 is revised by the issue of the Nuernberg Laws and the subsequent legislation as far as the respective problems of racial policy are definitely settled by these laws and decrees.
The instructions issued by the Fuehrer's Deputy on 25 August 1934 fully apply to all other problems of racial policy, especially if the juridicial position of Jews and half-Jews in other fields has not yet been finally clarified legally. Therefore, my circulars dated 8 February and 18 June 1935 remain in force in this respect as well.
"The general directions concerning the elimination of detrimental effects of racial policy on the foreign relations of the Reich, as stated in the confidential circular I a 3662/35, dated 17 June 1935 still remain valid."
This letter is signed by the Defendant Schlegelberger.
There follows on Page 112 in the English text another page in this document NG-306. We do not wish to read from that. We now offer as Exhibit Number 60, the Document NG-306.
THE PRESIDENT: There being no objection, it will be received in evidence.
MR. KING: The Prosecution now offers Document NG-478 which is to be found on Page 165 of the English Text, Document Book, 1-B. This will become Exhibit 61. This is a letter dated Berlin, 5 July, 1943 from the Reich Minister of Justice to the Presidents of the Appelate Courts and Chief Public Prosecutor.
It is entitled "Relief of the Special Courts."
"The following has been discussed here:
"Special Courts were established by the decree of 21 March 1933 as a keen weapon for the conviction of political criminals. Their jurisdiction was initially limited to crimes and delicts as defined by the decree of the Reich President concerning the protection of the people and state as well as in the "Law concerning insidious acts against party and State. By the decree on the extended jurisdiction of the Special Courts as of 20 December 1934 and through a series of subsequent laws the functions of the Special Courts were steadily increased. The decree of the 20 November 1938 then made it possible to bring before the Special Court such cases in which immediate action by this court seemed necessary in view of the severity and the vileness of the deed or of the excitement aroused in public. After the outbreak of the War, by the decree of 21 February 1940 concerning concerning court jurisdiction there was established exclusive jurisdiction of the Special Court for a series of offences, in particular for crimes and transgressions covered by the War Economy Decree.
Thus the amount of work accruing to the Special Courts increased extraordinarily during the last years, especially curing the war. Practically all somewhat important criminal cases are now under the jurisdiction of the Special Court."
We would now like to skip down to the paragraph headed "3)" which is to be found on Page 166 in the English text:
"The strong increase of the number of Special Courts had brought about that, due to the scarcity of apt condi***tes, the selection of judges officiating in these courts could no longer be carried through carefully as it was done in the first years. While, in principle, only professionally and in particular politically highly qualified judges were supposed to work in Special Courts the increase of positions made it necessary to draft judges frequently from criminal courts and civil sections who hardly were up to the required standards. Quite a number of judges in the Special Court are not even members of the Party."
The next and last excerpt from to document which the prosecution would like to read begins on page 168 of the English text. I will try to identify the particular section we want to read for the benefit of the translators. That is to be found in the German text on page 173, beginning 11 lines from the bottom of the page. In the English text, it is the beginning of the second sentence in that paragraph.
"Through the sentences as suggested by the prosecutions, through judges' letters and through directing of the criminal procedure care has been taken that Local and Criminal Courts are *** integrated into the framework of Special Court jurisdiction. Thus, ****stance, minor cases of illegal slaughtering, intercourse with Prisoners ****ar etc, could be transferred. If the Penal Courts were continuously entrusted with these matters, then they would also develop a uniform experience, which as yet is not possible. As a further means of relief, according to the present state of legislation, a directive to the Public Prosecutors is suggested with the purpose that all minor cases should be prosecuted before the Penal Court and not before the Special Court. Only political and really important cases arousing public excitement should be reserved for the Special Courts."
The prosecution now offers as Exhibit 61, the Document NG-478.
THE PRESIDENT: It will be received in evidence, and the Tribunal will recess at this time until 1330 hours, 2:30 this afternoon.
MR. LAFOLLETTE: If your Honors leaw, may I address the Tribunal a minute before the recess? I am actualy addressing the Tribunal to make a request of defense counsel. The request, I assume they need, not comply with if they feel it will affect the defense of their clients, nor will there be any feeling, on my part that there is an obligation that they should; but if we can make progress, I will state my motion.
On page 26 of the German book 1-B, Page 25 of the English book, Document 1964-PS, we discovered that there was a full line left out of the transcribing of the German text. That is a short decree, and today we have delivered, together with the other documents I will mention, to the Defense Center, a correction of that page which involved only the inclusion of a mine which I think the translator can give. The thought left out of the German book is this: "To establish a National Socialist Administration of Justice." That line does not appear in your German text, not in the original. That is the correction which is being made.
On page 141 of the English, which is 147 of the German, we have sent to the Defense Center this morning at 9:15, a corrected copy of Document 2967-PS, the English book contained the translation of the correct document. It was an affidavit of Hans Anschuetz. In some way or partner, the affidavit in the German text is a man whose name begins with Heinz something as recall it. Now that is rather extensive possibly, anyhow this been delivered.
If counsel in any way feel that they have been injured and have not had time to read that, I shall not, as I say, have any right to insists.
Again on page 118 of the English text, which is page, 132 of the German text, and Dr. Kuboschok this will concern you primarily, in the document in the English text is a letter signed by the defendant Schloaelberger on the 2nd of December 1941. I am informed some way that a medical case document got into the German book bearing the number 218. That corrected document has been sent to the Defense Center. I make this statement now so that perhaps if defense counsel feel that-- I can't determine their feelings and they have a right to make their own decisions--if ultimately they feel what any or all of these documents, notwithstanding the 24 hours rule, have been available to them, so that they can permit us to proceed without affecting adversely the rights of their clients, I may late this afternoon be asked to put those in because it will clear up the orderly introduction of the evidence.
I wanted to make that statement at this time and I thank you.
THE PRESIDENT: During this recess, it may enable you to clear that matter up this afternoon.
JUDGE BRAND: May I ask a question?
MR. LAFOLLETTE: Of course, I did not insist at all because I am asking for a waiver of the 24 hour rule.
JUDGE BRAND: You're not suggesting that there is an error in the English text?
MR. LAFOLLETTE: The English text is right. The German book is in error.
THE PRESIDENT: We will recess then until 2:30 this afternoon.
(A recess was taken until 1430 hours.)
AFTERNOON SESSION
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: The Prosecution may proceed.
MR. KING: May it please the Court, defense counsel for the defendant Joel has pointed out an error, a minor error, in the biographical affidavit which Mr. LaFollette read this morning, This might be a good time to note that for the record. In the second paragraph of the document NG 915 which was Exh. 56, the first sentence of that paragraph reads; "In 1931 I became assistant with the prosecution in Kassel and temporarily at Hamm." The last word in that sentence should road "Hanau" rather than "Hamm."
At this time the Prosecution, as Exhibit No, 62, would like to introduce Document NG061, I note that there is a slight transposition of order in the English Document Book. Page No. 175 should actually precede Page No. 173. I am advised, however, that in the German book the order, the sequence, is correct the covering letter being found on Page 179 of the German text. This is a covering letter signed by Thierack, dated Berlin, 15 July 1942, and it is to the Reich Minister and Chief/of Reich Chancellery:
"Dear Dr. Lammers, In reference to the discussion of 11 July 1942, I am submitting at your request some thoughts regarding the next judicial measures. Heil Hitler. Yours very respectfully, Thierack." There is also indication of an enclosure.
We would like to read the entirety of the enclosure, which begins in the English book on Page 173.
I.
Simplifications "a) Assignments of non-judicial matters are to be distributed to other departments, e.g. to the patent-office, to registration of trade licenses, keeping of trade-registers and association-registers, control of person and property of minors and persons placed under guardianship.
"b) Transfer of the penal authority in all cases of infringements e.g. Par. 360-370 of the Penal Code.) Punative measures up to 150.- RM fines or 6 weeks of imprisonment to the police.
"c) The minor every-day legal affairs (e.g. neighborhood quarrels, rent-affairs, insults) will be decided by the arbitrator, i.e. an honest man out of the people, as ho deems appropriate.
An appeal to the judge at the Local Court (Amtsrichter) will be permitted.
"d) For all other penal affairs including civilian jurisdiction there will be only one trial dealing with factual evidence, and one instance. In civil disputes the judge will be master of the proceeding and will not be bound by the motions of the parties on their lawyers regarding facts and evidence. The truth is to be found, not excogitated statements.
II.
Guidance of People.
"a) Just as you cannot order the acceptance of an inner attitude you cannot order a judge to accept a certain conception of justice, you can only convince him. However, the judge must feel that his sentence is only good and just if it corresponds to the conceptions of people and state."
We believe there is a wrong translation. We believe that sentence should end, "of the people and state leadership." To continue, "The law is nothing but a guide. This sort of education is a matter for the administration of justice." You will note that the wording I have just given differs slightly from that which appears in the English text, but we believe what I have just given is the English translation. Continuing:
"However, it must be supported by a reform in teaching of law at the universities and of the education of the young lawyer to prevent him from falling prey to abstract anaemic legal thinking."
"b) Dissolution of the National Jurist's League (Rechtswahrerbund).
The lawyer (judge, public prosecutor, attorney, judicial administrator)not later than after having gained professional authorization - must not belong to a class-organization separating him from the people, but to one of the organizations of the NSDAP which are open to every member of the people. There he must stand the test and work himself up. Only then he may claim the right of judging and standing up for justice in the peoples name. This education is a responsibility of the NSDAP.
III.
"Reform of Laws.
"The new drafts for penal and civil law which are to be prepared further on are not urgent at the present time without detriment to reforms which are required now. For clear personalities with understanding for the people will contribute much more to a realization of the conception of justice than legal reforms will do."
The Prosecution would like to offer NG 061 as Exh. No. 62.
THE PRESIDENT: It will be received in evidence.
MR. KING: The Prosecution will next offer Document NG 152 as Exh. No. 63. In the English book 1-B it is to be found beginning of Page 181, and if my information is correct it is to be found in the German book beginning on Page 188. This document is a letter from the defendant Schlegelberger to the Reich Minister Dr. Lammers and is dated Berlin, 10 March 1941:
"Dear Reich Minister Dr. Lammers, "In connection with our telephone conversation of today, I am sending you a copy of my letter addressed to the Fuehrer.
I consider it of great importance that the Fuehrer receives this letter as soon as possible. It has come to my knowledge that just recently a number of sentences passed have roused the strong disapproval of the Fuehrer. I do not know exactly which sentences are concerned, but I have ascertained for myself that now and then sentences are pronounced, which are quite untenable. In such cases I shall act with the utmost energy and decision. It is, however, of vital importance for justice and its standing in the Reich, that the Head of the Ministry of Justice should know to which sentences the Fuehrer objects; for nothing is more dangerous than the creation of a so-called atmosphere, of the causes of which the Minister of Justice is unaware. That is the reason for my request to the Fuehrer in the last paragraph of my letter. I repeat, this attempt to forma direct contact between the Fuehrer and the Minister of Justice must be made at once if irreparable damage is to be avoided." That is all of that particular letter we wish to read at this time.
The next letter also from the same document is to be found on Page 182 of the English text and on Page 190 of the German, I believe. It is the letter referred to in the one which I have just read which Dr. Schlegelberger has sent to Hitler. It is dated Berlin, 10 March, 1941.
"My Fuehrer, "In continuing the work of the deceased Reich Minister Dr. Guertner, I will do my utmost, to install justice with all its branches, more and more firmly within the National Socialist State.
In the course of the verdicts pronounced daily, there are still judgments which do not entirely comply with the necessary requirements In such cases, I will take the necessary steps. In order that such judgments be dealt with rapidly, you, my fuehrer, have created the nullity plea and the extraordinary plea for nullification, for criminal cases. For civil affairs, the right of application by the Chief Reich Prosecutor at the Reich court for the resumption of the procedure, could serve the same purpose. I provided for this an ordinance frafted by myself. So as to avoid all such false verdicts the prosecution is called, in this draft, to collaborate in civil affairs, and should stress the right of the national community with regard to the individual interests of the opposing parties.
"Apart from this it is desirable to educate the judges more and more to a correct way of thinking, conscious of the national destiny. For this purpose it would be invaluable, if you my Fuehrer, could let me know if a verdict docs not meet with your approval. The judges are responsible to you, my Fuehrer; they are conscious of this responsibility and are firmly resolved to discharge their duties accordingly.
I feel that it is my duty to you, my Fuehrer, to bring it to the attention of the judges if a decision does not conform to the opinion of the state leadership.
"Heil, my Fuehrer!
"Dr. Schlegelberger."
The next four pages in the English Book from 183 to 186 contain the draft of the decree to which Schlegelberger refers in the letter which I have just read.
The Prosecution does not, at this time, wish to read that decree.
On Page 184, there is another letter from Dr. Schlegelberger to Hitler. That we would like to read now. It is dated Berlin, 24 March 1942. It begins:
"My Fuehrer:
"When I took office, I asked you to inform me whether, if a sentence did not meet with your approval-
THE PRESIDENT: Excuse me. We do find that letter on Page 181.
MR. KING: Excuse me. It is Page 187.
Does the court have the letter now?
THE COURT: Yes.
MR. KING: The letter begins:
"My Fuehrer:
"When I took office, I asked you to inform me whether, if a sentence did not meet with your approval, you would allow me to correct it. I ask permission to consider the telephone call made on Sunday, 22 March, concerning the case of Schlitt at Wilhelmshaven as granting my request, and I express my sincerest thanks for this.
"I entirely agree with your demand, my Fuehrer, for very severe punishment for crime, and I assure you that the judges honestly wish to comply with your demand. Constant instructions in order to strengthen them in this intention, and the increase of threats of legal punishment, have resulted in a considerable decrease so of the number of sentences to which objections have been made from this point of view, out of a total annual number of more than 30000.
"I shall continue to try to reduce this number still more, and if necessary, I shall not shrink from personal measures, as before.
"In the criminal case against the building technician Ewald Schlitt from Wilhelmshaven, I have applied, through the Public Prosecutor for an extraordinary plea for nullification against the sentence, at the Special Senate of the Reich court.
I will inform you of the verdict of the Special Senate immediately after it has been given.
"Heil my Fuehrer !
"Dr. Schlegelberger."
The Prosecution now offers as Exhibit Number 63, the Document NG-152.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Exhibit Number 64, the Prosecution desires to offer the Document NG-611 which is to be found beginning on Page 188 of the English Document Book. In the German Document Book, I believe it is on Page 199.
The first letter on Page 188 of the Document Book 1-B is dated the Fuehrer-Headquarters, 25 May 1941. It is addressed to Reich Minister Dr. Lammers.
"Dear Dr. Lammers, "In yesterday's edition of 'Voelkischen Beobachter' the Fuehrer gathered from it the enclosed report, according to which the special court of Munich in a hearing in Augsburg sentenced the 19 years old Anton Scharff to 10 years penal servitude for theft under the cover of the blackout; the public prosecutor had proposed capital punishment.
"The Fuehrer believes this sentence entirely incomprehensible. The Fuehrer believes that in such cases capital punishment must absolutely be given if crimes under the cover of blackouts have to be kept down to a minumum from the beginning. The Fuehrer also emphasizes again that the criminals should be punished especially hard considering the heroic fighting of our soldiers. The Fuehrer requests that you inform state secretary Schlegelberger again of, his point of view.
"Heil Hitler !
"Yours truly, "Bormann."
The next page in the English Book, 189, is merely the clipping from the newspaper to which reference is made in the letter which I have just read.
I will not read that.
Similarly, the letter on age 190 of the English Text, that is Page 201 in the German Document Book, is Lammers' letter to Dr. Schlogelberger passing on the information from Bormann. Since it is a repitition of facts, I will not read that.
The letter on Page 192, that is Page 203 in the German Document Book, is from Dr. Schlegelberger to the Reich Minister, Dr. Lammers. It is dated Berlin, 28 June 1941.
"Dear Reich Minister Dr. Lammers:
"I am very obliged to the Fuehrer for informing me, on my request, of his conception of atonements of blackout crimes in reference to the sentence of the Munich Special Court against Anton Scharff. I shall reinstruct the Presidents of the Courts of Appeal and the Chief Public Prosecutors of this conception of the Fuehrer as soon as possible.
"The short notice in the Munich edition of the 'Voelkischer Beobachter' of 24 May which was enclosed in your letter of 29 May does not make the sentence comprehensible in my opinion either."
There follows a statement of facts of the case. I do not wish to continue reading further except for the final paragraph which is to be found on Page 94 of the English Text and I believe the last paragraph in the German Text is on Page 204.
That final paragraph is:
"I ask you to assure the Fuehrer that my unwavering attention is directed to the safeguarding of the protection of the people against public enemies through severe punishment of criminals.
"Heil Hitler " Yours very truly, "Dr. Schlegelberger."
The Prosecution now offers in evidence as Exhibit 64, Document NG-611.
THE PRESIDENT: It will be received in evidence.
MR. LaFOLLETTE: If Your Honor, please, and by agreement of defense counsel, if it is available, I would like to introduce at this time, the corrected documents of which I spoke this morning as exhibits.
If any defense counsel feels that his permitting me to do so without the 24 hour rule, would adversely affect his client, then of course I would not do it.
I shall proceed with the understanding that if any one feels that his client is hurt, he is privileged to say so when I offer the exhibit.
THE PRESIDENT: We hear no objection.
MR. LaFOLLETTE: The first is Document Book 1-B, 1964 PS. That is at Page 25. That was not introduced the other day because we found that in the German Document Book, practically the whole set had been omitted.
This is a decree of the Fuehrer regarding special jurisdiction of the Reich Minister of Justice, 20 August, 1942.
"1942 Reichgesetzblatt, Page 535.
"A strong Administration of Justice" -- Excuse me, Your Honors, has that been corrected? Have you had a corrected slip for the interpreters? It's the one at the bottom.
"A strong Administration of Justice is necessary for the fulfillment of the tasks of the greet German Reich. Therefore, I commission and empower the Reich Minister of Justice to establish a National Socialist Administration of Justice and to take all necessary measures in accordance with my directives and instructions made in agreement with the Reich Minister and Chief of the Reich Chancellery and the Leader of the Party-Chancellery. He can hereby deviate from any existing law.
"Fuehrer Supreme Headquarters 20 August 1942.
"The Fuehrer, Adolf Hitler.
"Reich Minister and Chief of Reich Chancellery, Dr. Lammers."
I would like to offer and introduce it into evidence as Prosecution's Exhibit No. 65. Document 1964-PS.
THE PRESIDENT: This is the same one you have previously discussed under Exhibit No. 35 and was withdrawn?
MR. La FOLLETTE: I don't know the previous exhibit number, but it was offered and then withdrawn. It's the one I discussed this morning with court and counsel. That's clean.
THE PRESIDENT: It will be received in evidence. I next wish to offer in evidence as Prosecution's Exhibit No. 66, NG-218 found in Book 1-B at Page 118. Do the interpreters have the German document? The old one in the old book was something from the medical case. 13d like to send the original to the desk for their benefit.
To the Heads of Departments.
In war, more than at any other time, confidence should exist in the widest circles of the population in the quiet and smooth, exercising of justice under consideration of all wartime interests. The population should especially be conscious of the fact that every offence against interests of the community and every injury to the power of resistance of the German nation will be relentlessly revenged.
Reich Minister Dr. Goebbels has therefore instructed the press and the propaganda machine to consider these necessities in all publication. At the same time, he has requested that the Ministry of propaganda be informed about all judicial proceedings which may be used to this end by calling special attention to them. Moreover he has ordered that any convictions which nay not be understood by the public or the Press for any reason whatsoever, shall not immediately be taken over by the Press with adverse criticism, but shall be sent to the Ministry of Justice for re-examination. In order to have a constant contact and the fastest possible co-operation in these questions he has appointed Ministerialrat Dr. Gast to the Reich Ministry for Public Enlightenment and Propaganda. At the Reich Ministry of Justice I have entrusted "press-Referent" Ministerialrat Dr. Krug with these tasks.
I request you to take care that any material which nay be utilized for publicity, by the way it calls for special attention to the work of Justice, significant for the war, is accessible to Ministerialrat Dr. Krug, in spite of the usual and regular co-operation with the Reich Ministry for public Enlightenment and Propaganda. I also request you to inform him as soon as possible about any objections that may arise against publications in order to contact the Ministry of Propaganda. Kindly pay special attention to the wishes expressed in this sphere of cooperation by the Reich Ministry for Public Enlightenment and Propaganda. Berlin, 2 December 1941.
(signed) Dr. Schlegelberger.
The prosecution would now offer and introduce into evidence, prosecution Exhibit No. 66.
THE PRESIDENT: It will be received in evidence.
MR. La FOLLETTE: The last of the exhibits of this character is found in the English Book 1-3 on Page 141, 2967-PS, and is a report by way of an affidavit by Hans Anschuetz. There was, in the original German book, an affidavit by a completely different client upon probably unrelated matter.