The indictment charged preparation to high treason. There were about six defendants, socialists or communists who were charged with enemy propaganda against the State, illegal association, etc. As far as I remember the circumstances were that the defendants had made copies of and spread propaganda material and that in small quantities and intended to maintain or create an association with people of the same opinion. As I remember, Jatzek had also hidden a communist or socialist functionary for a few days of whom he ought to have known, as the prosecution maintained, that he was wanted by the police. Jatzek had contested that. The defendants pleaded guilty only in part and contested in particular to have known what had been the contents of the closed packages or envelopes they had passed on. This was especially contested by the co-defendant Wagner, a woman in her sixties, who, as far as I remember, was only charged with having passed on such envelopes. In the case of Mrs. Wagner I had counted on a penal servitude of 8-10 years (we were accustomed to high penalties), but the death penalty imposed on both of them was exerbitant. Besides, the evidence with regard to the knowledge of the defendants was more than poor; it was just "alleged" that the defendants had already at a previous time belonged to such political groups and therefore had known very well what it was all about. Even when, by applying the most severe standards I still could have understood the sentence on Jatzek, the verdict on Mrs. Wagner was impossible."
The prosecution offers as Exhibit No. 210, NG-489.
DR. BRIEGER (Attorney for defendant Cuhorst):
I do not object to the submission of this document. The only objection is as follows: No. A, the case Jatzek is reported here and it says on the first line expressly that the trial was before the Criminal Senate. So here there is a valued judgment given regarding the defendant Cuhorst, not in his capacity as presiding judge of the Special Court but in his capacity as president of the Criminal Senate. However, as I understood it already at the tine, from the time of the indictment, as I understand it, the entire trial procedure until now, the defendant Cuhorst is indicted here only because of his activities as president of the Special Court, Stuttgart, and not in his capacity as president of the Criminal Penal Senate in Stuttgart.
I have to make a further statement in regard to this document but first of all I would like to ask the Tribunal to state its opinion on this point.
MR. LAFOLLETTE: I do not recall, of course, the exact language of the indictnent, but the language of the indictment is that of war crimes against humanity which were committed.
The indictment does charge, as I recall, that Cuhorst was the president of a Special Court, but I do not believe that that language of the indictment so drawn can be interpreted to restrict the general language of the charge of the commission of war crimes, atrocities, murders, and the other things which were provided for in the statute solely through his activity as the president of the one court. It happens that he was also president of both courts. It seems to me that the question is whether or not in his capacity as a judge the act apparently judicial in character was actually an act of another kind, and that the evidence will show, and that being true whether the act upon which the prosecution relies was a judicial one is the determining factor, and not what particular court under which the defendant acted. That, generally, is my position.
DR. BRIEGER: Your Honors, may I have permission to answer the statement made by the prosecutor. Matters are not as they have been described here by the prosecution, namely, that in his capacity as president of the Senate it was only a question that these proceedings were in another room, but rather, I believe one has to state here that the indictment, which obviously is of the opinion that during the Nazi time the Special Court, namely, the People's Court and also the Special Court, were created in order that the law could be handled in a lax manner, perhaps even to destroy the applicable laws as in the ordinary court, among which the People's Court belonged. In those courts it could not be done in the same manner. May I ask the Tribunal for a moment to look at the chart over there.
The defendant Cuhorst is listed on it in his capacity as president of the Special Court. From that very moment on, it was considered the opinion of myself and the defendant himself that he would be held responsible solely in his capacity as president of the Special Court. Your Honors, I consider this question so important and so complicated in nature that at this moment I am not asking the high Tribunal to make a decision. On the contrary, I would like to request the Tribunal to reserve its decision until some later date so that it will have an opportunity to examine the question, but in addition, I would like to say also, insofar as we would be concerned, the definition of his activities as a judge I would not even be inclined to contradict, that his activities as president of the Senate should also be scrutinized.
If, however, it goes to the extent in which it goes in this affidavit where individual cases under trial are discussed, the material is extended to a large extent, considerably, and extended in a manner which we did not expect at all so that the trial is for us made much more difficult and to such an extent as we, after a careful study of the indictment, could never have expected.
THE PRESIDENT: The Tribunal sees no occasion for postponing a decision of the question raised by Dr. Brieger. We are prepared to answer it now. Of course, this Tribunal will observe the rule of criminal evidence. There must be no variance in the evidence from the allegations of the indictment, and if this were at variance it would be disregarded in its entirety. The question arises, therefore, does this evidence support some material allegation in the indictment?
How, on that point I will read paragraph 23 of this indictment. "The German criminal laws through a series of additions, expansions and perversions by the defendants became a powerful weapon for the subjugation of the German people and for tho extermination of certain nationals of the occupied countries. This program resulted in the murder, torture, illegal imprisonment, and ill treatment of thousands of Germans and nationals of occupied countries." Then it further recites the names of the people who are defendants in this matter and defendant Cuhorst is among those names.
We think, therefore, that this affidavit is not at variance; that it is pertinent; and will therefore be received.
DR. BRIEGER: Your Honor, as regards this document I would briefly like to point in another direction. Per se I do not have the intention to correct mistakes in translation during the course of this trial all tho time, but in this one case I would like to make an exception because it seems to be especially important to me. Here, at the beginning of the affidavit the question is discussed in tho English text, that Cuhorst was formerly justice of the peace. That would mean in German Friedensrichter, and according to the German conception, a Friedensrichter does not have to have any legal training.
It should say municipal judge here if correctly translated; in other words, that even at that time he already hold a position which required full legal preparation. That means two State examinations.
MR. LaFOLLETTE: If your Honors please, I have just been advised by my associate that in this respect Dr. Brieger is absolutely correct and the language should show that it was a judicial position which the defendant occupied.
With that understanding I introduce as prosecution Exhibit Number 210 Document NG-489.
THE PRESIDENT: With that understanding and upon those conditions it will be received in evidence, but I wonder whether it would not be well to make that correction now so that while the document is on the bench it will be correctly stated.
MR. LaFOLLETTE: Exactly, and in connection with the explanation that Dr. Brieger made of the character of the position.
Page 17 of the English text, Document NG-490, which we introduced, will be prosecution exhibit number 211. It's 21 and 22 in the German book. I begin at the top.
"I, Dr. Renatus Rimelin, retired prosecutor, born on the 12th of April 1909 in Stuttgart-Bad Cannstatt, hereby state under oath:
"From 1940 until 1945 I was prosecutor of the Special Court. I particularly dealt with offenses against war economy, crimes against the people's parasites decree, immoral crimes and murders. I was a member of the NSDAP since May 1st, 1933, and member of the SA cavalry unit since 1934. Of Hermann Cuhorst, former president of the Special Court in Stuttgart I know the following:" I now come to a sentence twelve lines down in the next paragraph. That's page 17 in the English text, probably near the bottom of page 22 of the German or lower bottom. The sentence begins: "I wish to report here that defense counsels often complained that the day appointed for the hearing was fixed within a very short time and thus withdrawing the right from the defense counsel of being sufficiently prepared for the day of the hearing.
I know myself that during the proceeding he told the defense counsels to be brief. I wish to emphasize here that all proceedings under Cuhorst were conducted with a ridiculous speed, so that an objective conduct of the proceeding was effected. During the main proceeding no mostly worked by the indictment. He presented the therein occurring facts to the defendants and dealt little or not at all with the documents. Thus his sentences would seem dependent on the indictment. He also behaved very loudly otherwise and always had in mind to end the trial once started as fast as possible. Deliberation of the tribunal under his presidency usually was very short; that is, before the sentence was passed the tribunal know within a very few minutes which decision they would make. Considering that death sentences were passed one after another, such proceedings of a presiding judge are unusual."
I now drop to the next paragraph which is on page 17 of the English and either the last line or two of page 21 of the German or at the very top of page 22 of the German.
"The affair Wolff fell under one of these laws, which because of the inadmissible profiteering of rationing tickets was punished with death. Then the criminal case against two trunk thieves of Ulm, who stole two trunks when it was dark. Besides that I wish to mention the case of an illegal slaughterer, Johann Soell, in this connection, who slaughtered cattle without police authorization had who, in spite of his advanced age, 68 years, was sentenced to death. Furthermore he was very severe in proceedings against foreigners and passed death sentences as often as possible. He also had a special aversion for Poles. He passed death sentences not only for murders but also in cases of less important crimes in order to intimidate the foreign workers. There existed cases in which such penalties were passed although it was not a question of brutal or professional murders."
I would now like to go to page 18 in the English book which is probably still page 22 of the German, and begin seven lines from the top in the English, a sentence which starts in this way:
"A particular inglorious case I wish to mention was the proceeding against Luisa Togni, who was sentenced to death because of pillage. She was only convicted once before (one year imprisonment) and had stolen two trunks with linen after an air raid. According to the law it was possible to punish this crime with death. It was evident that also in this case Cuhorst applied the highest possible punishment.
"In conclusion I want to mention that Cuhorst conducted his proceedings in a real sadistic way: the laws created by the national socialist government were applied by Cuhorst to the extreme."
The prosecution now offers to introduce into evidence as prosecution exhibit number 211 Document NG-490.
THE PRESIDENT: The document will be received in evidence, and we will take the noon recess at this time.
MR. LaFOLLETTE: May it please your Honors, just before the Court risos, I am advised also by Dr. Brieger this morning that I believe defense counsel are willing or would desire to discuss the motion which I had previously filed with reference to the examination of witnesses. They would like to conduct that, meeting tho Court's approval, we would like to proceed when we return after lunch. I think the Secretary General can obtain -- Colonel Nesbit can obtain tho original copy, and I have found the opportunity to prepare four extra, copies that I will furnish to the Court, if you don't have four copies. I also am advised that defense counsel largely have been furnished with copies; is that correct?
DR. BRIEGER: I hope that after the noon recess the technical prerequisites for the discussion of this question will have been furnished. Mr. Wartina has in the meantime, already seen to it that every defense counsel has received a copy of the motion made by the prosecution. Now, however, it is of extraordinary importance for us, and it is the necessary prerequisite for discussion, that each one of us will also be informed about the contents of the important article, Rule Number 23.
Mr. Wartina, however, has assured me that if at all possible during lunch time the necessary copies will be made available to us also, of this rule.
MR. LaFOLLETTE: If you please, your Honors, may I just add this inter view of that, and I hope perhaps this would -- I am offering this perhaps as a more orderly suggestion. I believe that I can finish the presentation of this book within an hour or an hour and a half and when we have concluded that book, perhaps then would be an equally appropriate time for this discussion.
DR. SOHILF (Counsel for Defendants Klemm and Mettgenberg): I would like to make the suggestion that the discussion about this motion should be postponed a little bit after all. If, during the course of the afternoon session we shall discuss this question here it will probably be necessary that several gentlemen state their opinion about this question because we have not yet had the opportunity to discuss this question among ourselves. That would take up the time of the Tribunal unnecessarily. Therefore I beg to make the suggestion that the discussion shall be held only tomorrow when the session starts, so that not several counsels have to state their opinion on this question; that perhaps one or the other of then will be commissioned by his colleagues to speak for then. That, however, we can do only if we have had an opportunity to discuss it in advance, and since this noon we do not yet have the material at our disposal so that we need some time, my suggestion seems as to be reasonable.
MR. LaFOLLETTE. Whatever your Honors determine, either in the morning or after lunch, is agreeable to the prosecution.
THE PRESIDENT: That's entirely agreeable.
MR. LaFOLLETE: In the morning I take it then?
THE PRESIDENT: In the morning if counsel will be ready.
(A recess was taken until 1330 hours)
"The case ESTERLE again was a proceeding, in which CUHORST asserted his will. Here it was a case of the first war-economy crime on a larger scale. Here is the object of intimidation was also placed in the foreground. It was not a question of a professional criminal and a suitable term of penal servitude would have undoubtedly been sufficient."
MR. LA FOLLETTE: Prosecution offers in evidence Prosecution Exhibit No. 212, which is Document NG-495.
THE PRESIDENT: The document will be received in evidence.
MR. LA FOLLETTE: Page 21 of the English book which is page 26 to 32 of the German, NG-464 but turning to page 25 of the English book the Court will ascertain that this is the affidavit of Dr. Max Stuber, Judge of a Court of Appeals. I read from the top of page 21. That is the second paragraph. It will be 26 in the German book:
"The following I have to say before making the statement itself: In the Spring 1937 I was appointed assistant judge to the Superior Provincial Court of Stuttgart without my having done anything to bring this about."
MR. LA FOLLETTE: Then I drop down four or five lines beginning:
"After the beginning of the war I was temporarily assigned to the Special Court as well for reasons due to the war presumably on instigation of Mr. Cuhorst. Beside my regular activity at the Superior Provincial Court I was actually also required to assist temporarily in sessions of the Special Court during the following period - I would estimate once or twice every 8 to 14 days - mainly in minor cases of delicts against war economics and of occasional political delicts. I participated in a relatively small number of cases. From the middle or the end of 1943 to the spring or the middle of 1944 I also worked temporarily at the Second Criminal Senate of the Superior Provincial Court so that I was even less in a position to occupy myself with sessions of the Special Court. Approximately in October 1944 both Criminal Senates were merged. After that time I no longer was active at the Special Court at all. During an air raid of Stuttgart on 12 September 1944, my office with all my written records as well as all my short hand notes of the sessions were destroyed so that I can make my statements today by memory only.
My relations to President Cuhorst and the other of the members of the Criminal Senates and the Special Court were always only official ones and I have never had any private connections with any of them so that every personal consideration in making this statement is out of the question.
"President Cuhorst was as far as I know an old Nazi fighter and I have no doubt, that only by virtue of his party membership he was promoted from a judge at the Local Court to President of the Senate. He was a convinced Nazi and I am sure he also was an absolute follower of the "Fuehrer principle". The main result of this as far as the official routine was concerned, was that he alone transacted the official business of the Criminal Senate and the Special Court, that he himself regularly appointed the reporters and the presidents at the sessions and that he himself determined the time of beginning of the various trials in and outside of Stuttgart."
MR. LA FOLLETTE: The bottom of page 21, which is fairly near the bottom of page 27 of the German a sentence which begins:
"He loved to conduct the proceedings a tense and rapid manner which, I must admit, was at times too fast for me and which was prone to convey the impression of obstinacy and willfulness. As a rule he conducted the proceedings on the basis of the indictments."
MR. LA FOLLETTE: I will turn to page 22 of the English book, approximately the middle of the page in the English, it is here following the words "Mr. Cuhorst." In the German it's probably the middle of page 28. This begins this way:
"There is one case, which, I remember fairly well; one in which I was called to assist and where the attitude of Cuhorst appeared to me to be untenable.
"It was, if I remember correctly, the case Abt which among others was tried before the Special Court of Ulm on the Monday preceding Easter of 1943.
The defendants were, as enemies of the people, charged of having had pillaged railroad cars to a larger or lesser degree. The indictment and the report had been received by the Special Court only a few days before the beginning of the trial as far as I know, perhaps on the preceding Thursday or Friday. At any rate up to that time none of the defendants had received the indictments. I heard by chance at the office that President Cuhorst intended to deal with this case during an official trip in the following week and that he had mentioned something to the effect, that in the future he would sentence to death every railroad pilferer, since some little time ago his own trunk together with the contents had been stolen from the train and that for that reason he considered necessary a death sentence against the two main culprits of the Abt case."
MR. LA FOLLETTE: Prosecution offers in evidence as Prosecution Exhibit 213, Document NG-464.
MR. PRESIDENT: It will be received in evidence.
I turn now to page 31 of the English book which is page 40-41 of the German document NG 570. When offered it will be exhibit 214. I read from the top of page 31; which is on page 40 of the German:
I, Alfred Frey, former Amtsgerichtsrat, declare on oath:
I was born on 12 September 1900 at Strassbourg. I now go down to the next paragraph:
"Cuhorst passed the second law state exam about the same time as I did. I thus knew him already at that time. When Cuhorst was later , after the so-called assumption of power, at the age of about 33 or 34, promoted from Local Judge to President of the Senate, this was an uncommon event. It was generally realised that this was due to Cuhorst's early membership with the NSDAP.
I now turn to page 32 of the English book which is probably near the bottom of page 40 of the German. The sentence which commences in English as follows:
About March 1942 Cuhorst tried such a case against Kettlitz and Co. Cuhorst then wanted absolutely to insist on the death sentence demanded by the prosecutor. In consequence, immediately at the beginning of the deliberations regarding the sentence, sharp arguments ensued especially between Cuhorst and the then assessor, Landgerichtsrat Wagner. Finally, after deliberations lasting several hours, Cuhorst's strong resistance was overruled by me and Landgerichtsrat Wagner and only a prison sentence was passed upon Kettlitz.
When I returned soon after from my leave, Landgerichtsrat Wagner had been transferred from the Special Court.
I now go to the bottom of page 32 which is probably near the bottom of page 41 of the German.
Cuhorst was a fanaticla National Socialist who in all circumstances used the Special Court as a means for achieving the National Socialist aims, especially the war aims.
The Prosecution now offers Prosecution's Exhibit 214 in evidence, which was document NG 570.
THE PRESIDENT: It will be received in evidence.
MR. LaFOLLETTE: I turn now to NG 569, page 34 in the English book; page 42-44 of the German book. It will be, if accepted, Prosecution's exhibit 215.
I, Hermann Bheuchlen, Chief Public Prosecutor, was born at Esslingen on 26 February 1883, am single, evangelic and reside at Stuttgart-O, Landhausstrasse 90. Since 1919, I was employed at the Public Prosecutor's Office Stuttgart and acted as deputy of the chief of the office and chief of department after my appointment to Chief Public Prosecutor on 1 May 1938. Cases which came under the jurisdiction of the special court were also dealt with by my department. I was a member of the NSDAP since 1 May 1933 and am therefore suspended from office since August 1945.
About the personality and activity of the President of the Senate Hermann Cuhorst, I furnish, upon request, the following statements and certify in lieu of oath that my statements are correct.
I now go down to the paragraph either at the bottom of page 42 or the top of 43 in the German. It is in the fourth paragraph in the English book, page 34 and read a sentence:
"In General, he was practically unprepared for the trials of the Special Court which he presided over. He based the proceedings merely an the indictment."
The Prosecution offers in evidence Prosecution's exhibit 215, which is document NG 569.
THE PRESIDENT: The document will be received in evidence.
MR. LaFOLLETTE: I turn to document NG 568, on page 36 of the English book, which is page 45-46 of the German. The document, if admitted, will be exhibit 216.
I, Erwin Eckert, retired District Court judge, Stuttgart, Olgastr. 140, hereby declare under oath:
I was born in Stuttgart on 5 April 1897. I completed my studies at Tuebingen University in 1921 and passed the final bar examination in Stuttgart, in March 1924. I worked as Assistant Judge and Prosecutor until 1935. From then on I was active in the District Court and the Special Court in Stuttgart.
Eventually I was appointed presiding District Court Judge. I have been a member of the NSDAP since 1933. I knew the Presiding Judge of the Special Court, Herman Cuhorst for many years. He was on old Party member and a fanatic National-Socialist. His way of conducting trials was not at all that of a respectable judge. He used to treat defendants, defense counsels and witnesses badly. He usually did not respect the defense counsels' opinion, since he considered Counsels as a necessary evil. Attorneys were hardly permitted a word, and any request to produce evidence was considered a delay in the trial. During trials he constantly insulted the "candidates of death" and in general rapidly conducted a session to obtain a verdict as quickly as possible. He conducted trials on the basis of the written indictment, and nobody could dissuade him from the prejudice he had formed even in serious cases.
The severity of the war emergency laws perfectly suited Cuhorst's political approach to justice.
I offer into evidence Prosecution's exhibit 216, which is document 568.
THE PRESIDENT: It will be received in evidence.
Document NG 463, which will be when introduced, Prosecution's exhibit 217, is on page 39 of the English book, and occupies pages 47 to 51 of the German book.
DR. BRIEGER: I object against the submission of this document on the part of lawyer Diesem. It is not a document which would be valued in evidence, and as such it would have no weight before the Tribunal. It is not an affidavit. It was not taken under oath. It is signed. There is no evidence for any formulation of an oath. It begins with: "As far as I can remember Cuhorst was," and-so-forth. The document is only signed but it is not sworn to.
Considering the fact that during the last few hours the prosecution has only submitted affidavits, I gather from that, that at any rate, a document submitted would have to fulfill the requirements of an affidavit such as it was held all the time during these proceedings.
MR. LA FOLLETTE: If Your Honors please, whatever this is, I don't believe it's of enough value to fight ever, and I would rather withdraw it than submit to a ruling on that. I simply withdraw the previous document.
I turn to Document NG-487, which is on Page 43 of the English Book and 52 to 53 of the German Book. If offered and accepted, it will be Prosecution's Exhibit 217.
"I, Karl Dorer, retired prosecutor, hereby declare under oath, to have acted as prosecutor at the Special Court since December 1941. I was a member of the NSDAP since 1937 and member of the SA since 1933. The president of the Special Court of Stuttgart was Hermann Cuhorst."
I now drop down in the English text of about eight or nine lines. It would still be on Page 52 of the German, and I begin:
"In the case of Wolf, who had been condemned to death on account of a crime against the war economy regulation, Cuhorst did not allow the defendant to produce all the evidence necessary for his defense. One also had the impression of Cuhorst, that he had already decided the result of the hearing before its conclusion."
The prosecution offers as Prosecution Exhibit No. 217. Document NG-487.
THE PRESIDENT: The document will be received in evidence.
MR. LA FOLLETTE: Document NG-488 at Page 44 of the English Document Book will be, when offered, Prosecution's Exhibit 218. It's at Pages 54 to 55 of the German Book.
"I, Max Hegele, presiding officer of a chamber at the Landgericht retired, born on January 2, 1885, at Schwenningen / Neckar, declare under oath:
"I was a judge at the Special Court in Stuttgart from February 1 1942 to November 30, 1944.
In several hearings I was also presiding officer.
"The president of the Special Court and of the higher criminal court at that time, Hermann Cuhorst, was an autocratic man, who is essentially responsible for the bad reputation of the Special Court. Generally, his cases were very short and when it seemingly was at the expense of thoroughness, Cuhorst showed the intentions to end a case once it had started as fast as possible. Objections and requests of the defense often did not please him. The defendants themselves were addressed by him in a sharp manner and the fear of the defendant may be explained by the fact that at the start of the case he gave the German salute in typical national-socialistic manner and audibly clicked his heels. He debated the basis of the indictment and did not bother about the documents in the case."
I now drop down about four lines in the English text, still on Page 55 of the German, and I read:
"In serious cases where death sentence was wanted, Cuhorst told t the prosecution that this was a plain case which in the sense of law must be punished to the utmost."
The prosecution offers as Prosecution's Exhibit No. 218, Document NG-488.
THE PRESIDENT: The document will be received in evidence.
MR. LA FOLLETTE: I turn to Page 45 of the English Book, and what is Document No. NG-419 -- end since my friend, Dr. Brieger advances, I withdraw offering the document.
Mr. King will carry on perhaps. It's a little too early, I think, for a recess. I believe the last number was 216 is that correct?
SECRETARY-GENERAL: Yes, sir.
MR. KING: We invite the Court to turn to Document Book "I". Turning first to Page 1 in Document Book 3-1, the prosecution introduces Document NG-522, which when offered, will become Exhibit 219. It's a letter dated Munich 16 December 1941, and there are head notes on it which I will not read.
It is to the Public Prosecutor's office with the district court Nuernberg-Fuerth.
"Nuernberg Subject:
MEIER, Franz Xaver, born on 3 Aug. 1912 in Chamerau for crimes according to the decree against public enemies.
Relative to: Your file No. 1a Sg 908/41.
The State Minister and Reich Defense Commissioner is of the opinion that capital punishment is indicated in the MEIER case.
I request you to take notice.
(signature) Freiherr v EBERSTEIN SS-Obergruppenfuehrer and General of the Police."
The Prosecution offers as Exhibit 219, the Document NG-522.
THE PRESIDENT: The document will be received in evidence.
MR. KING: May we turn now to Page 2 in the English Document Book, and also Page 2 of the German Document Book, and the prosecution, as its next exhibit 220, introduces the Document NG-671. That is a letter dated Berlin 19 February 1944. It's addressed to the Reich Minister of Justice. The copy which will be submitted as an exhibit to the Secretary-General bears the initial of Klemm. be begin reading under the heading "Situation Report."
"A. High treason and Undermining of Military Morale within the Reich Territory (except for the Protectorate).
1. General:
During the time covered by this report, no observations were made which could cause me to change my evaluation of the situation from that given in my previous report of 8 Oct. 1943. Especially the investigation reports received here since then, concerning preparation for high treason, revealed no new clues that the adherents of various political opinions inimical to the state - who undoubtedly exist now as ever in not inconsiderable numbers -- have joined to a considerable extent in local or even super-local organizations beyond occasional conversational exchanges of ideas oh possibly loose formations of groups.
On the other hand, though reserve is called for, it has to be taken into consideration that above all in the circles of the former Communist Party members, many are still today ready to enter into new organizational relationships under a schooled and determined leadership."
We turn now to the next page at the top of Page 3 in both the English and German text, and read:
"In accordance with the expectation expressed already in my previous report of 8 October 1943 the number of in coining reports on investigations concerning undermining of military morale has again increased considerably. At present the daily average amounts to about 25 cases. Since in addition numerous investigations which are not handled by special proceedings; and which could not yet be concluded are pending. I am forced at present, due to the pressure of business in my office and the further difficulties caused by the affects of the terror raids, to make more extensive use of my right of transfer. However, in the interest of a uniform jurisdiction the indictments will principally be served before the people's Court in all cases where
a) the undermining activity involves members of the Wehrmacht,
b) greater significance is ascribed to the statements of the accused because of his position in public life or in the economy,
c) the accused has become known as an enemy of the state on principle or a systematic instigator either according to his personality or because of the nature of his offense,
d) the personality of the accused in connection with the nature of his offense or the effect he strived for seems to point to special treatment,
e) the offender belongs to the clergy."
We turn now to page 4 in the English text, the bottom of Page 3 in the German. What we will read now comes under the general heading:
"Special Proceedings." We read the first line in the proceedings under the heading: "aO Communist Party of Germany (KPD)."
"The German miner Zielaske, who after his arrest, died in the custody of the police, had emigrated to the Soviet Union in 1932 and later took part in the Spanish Civil War as a volunteer."
We skip now to the paragraph on the bottom of the page in the English Book, Page 4, and at the top of the page in the German Book on Page 4; under the heading: "C) European Union."
"The "European Union" (10 J 1095/43) is a catch-all organization founded by Berlin intellectuals which was supposed to gather and school all suitable persons for the establishment of a "Socialist Europe free from National Socialism" with a decided tendency toward Soviet Russia, a plan which was to be realized after the soon expected and desired collapse of the Reich. Under the leadership of Dr. phil. habil. Havemann, University lecturer, Dr. med. habil. Grosskurth, Oberarzt, architect Richter and dentist Hentsch, all of whom have already been sentenced to death as major offenders, this group consisting of about 45 members who have meanwhile been arrested and who were occupied with the writing and publishing of pamphlets and the holding discussions in which communist ideas were predominantly represented and above all the readiness for every kind of treason was expressed. Actually, for this purpose contact was made with French civilian workers and Ukrainians, and the attempt was even made to establish direct contact with the Soviet Intelligence Service. Among the members, the following should be mentioned: the department chief cf the "Tobis Film", Dr. Hatschek, who had already worked for the Soviet Intelligence Service before, the retired Government Vice-President, Dr. Hartke, and the director of the Linger Works Niesen. Furthermore, a German Oberarzt and a Ukrainian lady doctor, a German lawyer, a French licensed engineer as well as a Czech chemist belonged to the group."
We turn now to the top of Page 8 in the English test, the top of Page 6 in the German text, and read under the heading of: "Alsace."
"Several Members of Women's Labor Service from Alsace, employed within Germany proper for War Auxiliary Service, expressed in correspondence among themselves, and to relatives in Alsace, in the late summer of 1943? their anti-German sentiments, their hope for a reunion with France, and their joy about the Anglo-American invasion cf Italy."
We turn now to the bottom of Page 9 in the English text, under the heading: "E. Careless Treason," -- or, I think it could be translated: "Treason by Negligence."
"In general, there is nothing to add to the statements in my previous report of 8 October 1943. In view of the serious danger to the German conduct of the war, resulting especially from the violation of the duty to safeguard secrets, in accordance with Articles 90d and 90e of the German Penal Code, the threats of legal punishment must be described as insufficient."
That is all from this document we wish to read at this time, except to point out that on the bottom of Page 10 in the English, and 8 in the German, there appears the signature "Lautz." We, therefore, offer as Prosecution's Exhibit 220, the Document NG-671.
DR. GRUBE: Counsel for the defendant Lautz. May it please the Tribunal, I do not have the intention to object against this document. However, I should only like to point out one mistake where the text is not in accordance with the original; that is a paragraph which has not been read here. The paragraph is "C". Intentional High Treason and Espionage." It's on Page 6 of the German Document Book. At the end of this paragraph, there is, in the German text, the following sentence: "Of the 24 arrested persons, 22 belong to the Polish Volksturm." (Polish nationality). That is wrong. It should be "Polish origin." But I just found out in the English test, it is in accordance with the German original.
MR. KING: I think perhaps this is another one of those matters that can be straightened cut by this ex-office committee when it begins functioning.