It is therefore very difficult from the conditions in one special camp to generalize. However, I believe no one will deny that in these camps terrible things happened.
MR. WOOLEYHAN: Your Honors, I would like further to point out only one thing. As I have said before without pointing, Flossenbuerg concentration camp is within the Reich. As is seen by the arrow, it is somewhere south and west of the town of Bayreuth. Mauthausen is in Austria, south and west of Linz. Auschwitz is in Poland. I can give no town to which it is near -- Kattowice, the borders of the Reich being roughly indicated as this line.
I believe that is all, and if there are no further questions from the Tribunal we will have this sign removed by tonight.
JUDGE BRAND: I wanted to ask only about the identification of these matters for judicial notice. You read additional portions of the Hague Convention this morning. Did you intend that be treated as part of the same exhibit number for Judicial notice as the other portions?
MR. WOOLEYHAN: Yes, Your Honor.
JUDGE BRAND: And your reading for judicial notice this afternoon, did you want to give an exhibit number merely for identification as to that?
MR. WOOLEYHAN: If it would of value, I have an Exhibit prepared here including the relevant portions of the IMT judgment in an official transcript from which I read. If you desire that, I can submit it as Exhibit 403.
JUDGE BRAND: I am not suggesting that it be treated in any way other than for judicial notice, but I think we would like to have an exhibit number on it to identify it.
MR. WOOLEYHAN: Well, as regards judicial notice, Your Honor, I am in complete agreement, except that we do petition the Tribunal that it be treated under the provisions of Article 10. Then we offer as Exhibit 403 that portion of the judgment of the International Military Tribunal which I have just read.
THE PRESIDENT: So that we will have a clear understanding of what is happening here, I would like to inquire if the voluntary statement made by Dr. Haensel, which of course was a statement not under oath, but which we are perfectly willing to receive as being under oath whether that may be in the record as part of the evidence in this case.
DR. HAENSEL: I wanted not to submit it as evidence, but I only wanted to inform the Tribunal. I would suggest that these matters that regard the figures are in documents which cannot be refuted, which are correct. For example, reports of the WVHA. If the Prosecution submits evidence as to this matter, it can find the figures in two or three irrefutable documents for judicial notice.
MR. WOOLEYHAN: Your Honors, in line with what defense counsel has just said, the Prosecution would like to add, to clarify what has happened this morning and so far this afternoon, that those documents to which we sought to refer via judicial notice, we will offer as separate exhibits as soon as they can be processed.
THE PRESIDENT: I take it that includes the reports to which Dr. Haensel has just referred?
MR. WOOLEYHAN: It does, Your Honor.
MR. KING: Before I refer to Document Book 9-A, may I take up a pending matter from the document book 8-A?
JUDGE BLAIR: May we counsel that what exhibit number is that you are referring to?
MR. KING: I haven't referred to an exhibit number yet. I wish to refer to Document Book 8-A to Page 63 in the English and Page 70 in the German text. As Exhibit 404 we introduce at this time Document 629 PS. This is a letter written anonymously to the Reich Minister of Justice and is dated 8 July, 1940. The writer informs the Minister of Justice that he has a son in a mental institution and he has learned via the rumor route that there is a possibility that his son may be put to death because of his mental condition. He threatens to inform the foreign press if anything should happen to his son. The letter is unsigned and he gives his reasons for submitting it in that form. The Reich Minister of Justice at that time, Dr. Guertner, merely passed it on to State Secretary Freisler with a request to collect such letters, he offer ---
THE PRESIDENT: What is the page in that book please?
MR. KING: 66. Document Book 8-A. We offer the document 629 PS as Exhibit 404.
THE PRESIDENT: The document will be received in evidence.
MR. KING: May I ask the Court to turn now to Document Book 9-A. Reading from the index page of this book it is apparent that some of the documents listed there have been introduced in connection with other document books. For the Court's information I refer now to those documents that have been previously introduced.
In the case of NG 693 it is to be found as Exhibit No. 5 from Document Book 1-A. The document NG 705 is Exhibit 8 also in 1-A. The document NG 734 is Exhibit 9 from 1-A. The document NG 692 is Exhibit 14, and the Document NG 694 is Exhibit 13, both of the latter two being from the document Book 1-A.
Document Book 9-A and 9-B -- "B" has not been circulated as yet -are addressed especially to Count IV in the Indictment which is entitled "Membership in Criminal Organizations." With the exception of the documents referred to in the index, which have been previously introduced, the documents in Book 9-A are personnel records of the individuals charged in Count IV of the Indictment with being participants in criminal organizations, and are from the personnel records of the Justice Ministry, Personnel Section. They were records kept of all of the employees and officials connected with the Reich Ministry of Justice. For the most part, we will introduce these without any extensive reference.
In passing, it might be well to refer briefly to one or two references in the personnel files. First, may we turn to the personnel records of the defendant Altstoetter, which is the first document in both the English and German books. It's NG-6143. On page 1 of the English, we find the date of joining and party membership number. On page 2, at the top of the page, we find information as to the other organizations to which he belonged. Paragraph 32 of the Indictment states that he was a member of the SS, and at the top of Page 2 of the Document NG-643, we find that confirmed. Then on page 3, the middle of the page, we find the honorary medals and badges which he received in connection with some of his party activities.
As soon as defense counsel have finished with the examination of the document, we will offer this personnel record as Exhibit 405.
DR. ORTH: Dr. Orth for the defendant Alstoetter. The prosecution stated, in explanation of the document, that the honorary badges which the defendant Alstoetter received was because of his membership in the Party. I do not find these awards in the document. The badges which have been enumerated here are exclusively purely military badges and awards.
MR. KING: It is possible, of course, that I interpret the information on page 3 incorrectly. However, I do find there a reference to the SA bronze sports' lieutenant badge.
Now if I am wrong in that, I wish Dr. Orth would correct me; however, it's not of great significance to the use we wish to make of it. If these are primarily military decorations. I will be glad to accept Dr. Orth's statement that is the case.
DR. ORTH: The SA sports' badge is an award for sport records and activities.
The person who received this badge, no matter whether he belonged to the Party or not, received it if he completely fulfilled the sport requirements by the SA.
MR. KING: I have no further comment to make. We offer the Document NG-643 as Exhibit 405.
THE PRESIDENT: The document will be received in evidence.
MR. KING: The next set of personnel records which we wish to introduce concern the defendant Cuhorst and is Document NG-338, to be found on page 13 of the English text. I am sorry I do not have the number in the German text. At the top of page 16 in the English text, we wish to point to the fact that the defendant Cuhorst became a sponsoring member of the SS on 1 January 1934. At the bottom of page 15 is also information concerning his time of joining the party and his Party number. There is also correspondence in this file concerning Cuhorst's service, both before, during, and after his period of service in Stuttgart, to-which we may at some later time refer. At this time, however, wo do not make special reference to it.
We offer the Document NG-583 as Exhibit 406.
MR. DOETZER: May it please the Tribunal. Again, I do not object to the submission of this document. As regards the statement of the gentleman of the prosecution, which in the German translation said that the defendant Cuhorst was Fuehrendos Mitglied -- sponsoring member -of the SS, I want to remark that this is not shown in the document. on the cited page of the document, to remark is FM "SS", since the first of January 1934, Number 278,656. That means that Cuhorst was a sponsoring member of the SS -- Foerderndes Mitglied -- that is, that he was not actually a member of the SS at all.
MR. KING: I think my memory is long enough to let me correctly recall that defense counsel and I uttered exactly the same phrase. We are not at this time, I think, arguing as to the import of the term "sponsoring member", and I believe from what defense counsel says that he and we agree as to how that phrase should be translated.
I offer again the Document NG-583 us Exhibit 406.
THE PRESIDENT: The document will be received in evidence.
May I inquire of the Court who is acting for the defendant Engert? I don't see Dr. Link in the courtroom.
The next personnel record concerning the defendant Engert is found beginning on page 78 in the English document book. When offered, these records will be found with the next Exhibit No. 407. On the bottom of page 78 in the English text is the date the defendant Engert joined the Party, with the Party number, and at the top of page 39 we find his rank in the SS, as that of Oberfuehrer.
THE PRESIDENT: You say Page 39?
MR. KING: At the top of the page. If I said page 39, I should have said 79.
THE PRESIDENT: It is here, the same place. What document number are you referring to?
MR. KING: 580.
THE PRESIDENT: That is at page 38?
MR. KING: Excuse me, the page numbering in my book is confused. It is 38 instead of 78. It also follows that at the top of page 39 instead of 79. Does the Court find that is correct according to your copy?
THE PRESIDENT: We find such a page and such a reference, yes.
MR. KING: As in the case of other Personnel records introduced this afternoon, we at this time are making no other references and, therefore, offer the document NG-580 as Prosecutor's Exhibit No. 407.
THE PRESIDENT: The document will be received in evidence as Prosecutor's Exhibit No. 407.
MR. LA FOLLETTE: If Your Honor please, I would like to say something which I think we have indicated. When we have completed this book, we hope to have three witnesses tomorrow, but we will have to ask the Court to recess again for the simple reason that there is no documentary proof available, and the witness which we had anticipated for today had not shown up, and on one of them the twenty-four hours have not expired, but we win start at 9:30 tomorrow morning and expect to have three witnesses before the Tribunal tomorrow.
For the benefit of the defense counsel, we will have the witnesses Hlavac, a Czech, and probably the witness Dr. Cross and the witness Elkar. With our present anticipation we have given notice of these and we hope we will be able to present them.
DR. KUBOSCHOK: If the delay is due only to the fact that the twenty-four hour period has not expired in the case of one of the witnesses, I believe that I can speak on behalf of the defense counsel that in this case we would give up the twenty-four hour yule and dispense with it in view of an expeditious trial.
MR. LA FOLLETTE: I thank Dr. Kuboschok very much. The witness twenty-four hour rule will expire in the morning on this one witness. He is at present testifying in another tribunal this afternoon and we could not produce him in here anyhow.
MR. KING: The next personnel record which we introduce at this time refers to the defendant Oeschey. They are contained in Document NG-599 to be found on page 50 - to be found at the beginning of page 50 of the English document book, and will become when formally offered the next exhibit No. 408. The defendant Oeschey is charged in paragraph 33 of Count 4 with being a member of the Party Leadership Corps. We think the Document NG-599 is at least partial evidence in support of this charge, or, at least, evidence in partial support of this charge. On page 50, approximately in the middle of the page, we find that the personnel record shows that since December 1, 1931 he was provisional director of the Reichsamt and on page 62 of the English document book we find a note dated Nuernberg, 13 August 1940, from Oeschey to the president of the district court in Nuernberg in which Oeschey says the following: "By decree of 30 July 1940 of the Reich Legal Office of the NSDAP I was provisionally commissioned with the direction of the Legal Office of the NSDAP in the Franconia Gau and the leadership of the Franconia Gau in the NSRB," which is the National Socialist Jurists' League, "As of 1/8/40," and he signs that note.
For the present we don't wish to refer to the other material contained. in this personnel record of Oeschey and, therefore, offer the document NG-599 as Prosecutor's Exhibit No. 408. As soon as the defense counsel has completed their examination of the document, we will ask it be handed up to the representative of the Secretary General. It has been called to my attention to correctly say that the signature on the document which I have just read, dated Nuernberg, 13 August 1940, is not in this copy the written signature, but rather a typed signature. I understand that there is no objection to the admission, except that the defense counsel wants to have that correctly stated in the record.
THE PRESIDENT: The document will be received in evidence as Prosecutor's Exhibit No. 408.
MR. KING: We next refer to the personnel records of the defendant Nebelung, which begins on page 70 - one moment please - which begins on page 71 of the English text. The defendant Nebelung is charged in paragraph 33, Count 4, with being a member of the Party Leadership Corps. On page 77 of the Document NG-600 we find reference to his Party leadership activities in which it is stated that he is the Ortsgrupponleiter. Also in the same reference is the date of his joining the Party, and his membership number. We offer the document NG-600 as Prosecutor's Exhibit No. 409.
DR. DOETZER (Counsel for defendant Nebelung): May it please the ** Court, a comparison of Page 74 in the German document with the first page of the photostatic copy shows certain errors. According to page 74 of the German document book, the defendant Nebelung is supposed to have been Gruppenfuehrer in the Staff of Brigade 58. On the photostat one can see that he was Trupp-fuehrer on the staff of 58th Brigade.
The word "Truppfuehrer", which is written on a typewriter, has, moreover a word written over the "T", and I can not decipher that word. It is evident, however, that a correction was made there.
Moreover, from the German document book, one can not see what is under Number 12-C on the photostat. There are lines. One can not see whether the statements made there have been crossed out or whether they have only been underlined in part.
I want to mention this merely for the clarification of the record. I emphasize that, apart from that, I have no objection to the submission of this document.
MR. KING: The possible errors in the German text to which Defense Counsel referred, we will examine to endeavor to straighten out. However, I wish to point out that the corrections to which Defense Counsel referred did not relate to the entry opposite 12-A, in other words, the defendant Nebelung's membership in the Party Leadership Corps and the rank that he held in it. That is the particular point to which wo are addressing ourselves at the moment, and as to that I assume there is no objection from Defense Counsel. As to the other, we will, at the very earliest time, make an attempt to straighten out the possible errors in the German transcript, so I think that, if the Court is so disposed, we should offer now the document NG 600 as Exhibit 409, subject to the corrections mentioned by Defense Counsel being made, if in fact they are in error.
THE PRESIDENT: The document will be received in evidence.
JUDGE BRAND: Was there any change that you suspect is necessary in the English book? It says Obertruppfuehrer instead of Obergruppenfuehrer in our book.
MR. KING: There is the possibility that the English is also in error. However, with the corrections, the little hand-written notation which is made on the photostatic copy, if we can determine first that is a change which affects the meaning of the word, it may also follow from that that the term "Obertruppfuehrer" used in the English is correct If some other conclusion is the result of our investigation of that change, it may be that the English is also incorrect, but I think we had better remain silent on that until we have checked the German.
The next exhibit, 410, will be document NG 587. That document contains the personal record of the defendant Joel. The defendant Joel is charged in Paragraph 32 of Court IV with being a member of the SS and in Paragraph 34 as being a member of the SD. On Page 83 of the document NG587 we find reference to the defendant Joel's SS and SD activities and membership.
We also refer in the case of these records to certain letters which are included in Document NG 587 which relate to the defendant Joel's activity in the SD and SS. Without going into each letter extensively, I would like to point out that on Page 88 of the English text, there is a reference to the appointment of Dr. Joel as the liaison officer to the SS, including the SD and the Secret State Police. That letter of appoint meat is signed by Dr. Guertner and was made on 19 December 1937.
Then on Page 89 in a note signed by Heydrich we find that on 30 January 1938 the Defendant Joel was admitted to the SS and promoted to the rank of SS-Lieutenant.
On Page 91 Dr. Freisler is in this note, communicating with the Chief of the Security Police and the Security Service and protests the pending appointment of Joel as Reichfuehrer of the SS and Chief of the German Police because he says he is doing extremely important work at the ministry and can not be replaced. That note is signed by Freisler.
Then on Page 95 We find. Bormann's approval, which we assume was Necessary, of Joel's appointment as Attorney General the Supreme provincial Court of Appeals in Hamm in Westphalia.
That approval was given as of May 12, 1943.
We at this time do not wish to refer further to documents in this personnel file and, therefore, offer the document NG 587 as Exhibit 410.
DR. HAENSEL (for defendant Joel): The document forces me to make several remarks. Page 1 of the document, Page 85 of the German book and Page 83 of the English, states that Guenther Joel in the next to the last line, is member of the NSO, since 1 March 1936 Sturmbannfuehrer.
This note is not clear, nor what a Strumbannfuehrer of the NSO means; the copy contains mistakes. The photostat shows the following picture. Under small "e" of the membership, affiliated organizations of the party, the photostat says NSV welfare organizations since the 1st of March, 1936; that means National Socialist People's Sacrifice; that is quite clear. Then, there is a handwritten notice in pencil, Sturmbannfuehrer; this pencil note cannot have anything to do with the NSV; how that can be explained is not clearly evident. Perhaps the person who wrote this word Sturmbannfuehrer in this place thought that Joel was Obersturmbannfuehrer of the SD which the preceding line is talking about, promoted from Sturmbannfuehrer to Obersturmbannfuehrer. This, however, was not the case. I, therefore, ask that this penciled note be stricken, which does not belong to this document. Further more, the sixth page of the document, in the German book 89, is a note which is not signed in handwriting, and it is a page which has been cut out from the personnel file; the entire document is typewritten, with the exception of the letterhead, where in handwriting it says from the Ministry of Justice, one, thirty-seven, colume five, page one hundred seventy-seven. This shows that Joel evidently had five volumes of personnel files, and this is an excerpt from these five volumes. This shows how much Joel, in complaints and other notations in his personnel files, was charged very heavily in the Ministry, since this is something in his defense, in this trial. I will make a written request that the rest of the personnel file be put at my disposal. Here I object at this time against this cut-out, photostat of a clipping which cannot be interpreted in any other way; if has been cut out with a scissors from a file which is not otherwise mentioned in this document. The same applies to the next page, German document book, page 90, page 89 of the English, page 7 of the original document.
MR. KING: Concerning the question raised, perhaps the Court did not got the page numbers in the English book. The first reference, page 83; the second reference, page 88; and the third reference, page 89.
As to the meaning of the handwriting on the personnel records, I am sure the translators did as well as they possibly could. If Defense Counsel and his client are not able to throw any light on the matter, I don't think we can penalize the translators for failing to make it clear. On the other hand, perhaps Defense Counsel and his client can help us in this matter, if and when he takes the stand. In any event, I think that the record is clear from the photostatic copy which we are going to submit; it is clear to this extent: That the word "Sturmbannfuehrer" written there and to what it applies is the only question. In any event, I do not think we are in a position to say that it is either right or wrong; wo merely offer it for what it is, and we can argue about what it means later. Now, as to the second objection; on page 38 in the English text we have been told that this represents this note which is signed, in which the typewritten signature of Doctor Guertner appears, and dated Berlin, 19 December, 1937; this is not a. deliberate editing job on our part, and that four or five volumes of correspondence relating to Joel has been omitted, this is certainly not the case. The personnel files bearing the number NG-587is the entire file which we found in the Personnel Section of the Reich Justice Ministry. We do not deny that there may be other personnel files of the defendant Joel elsewhere, but certainly what is represented here is all that were contained in the file pertaining to Guenther Joel which were found in the Personnel Section in Berlin. The same objection deserves the same answer. On page 89 there is no editing on our part; if material was cut out, it was cut out by some one prior to the middle of April or the first of May, 1944, 1945. We have no further comment on the objections raised, and at this time offer the Document NG-587 as Exhibit 410.
THE PRESIDENT: No objection has been made that reaches to the probative value of the document. It will, therefore, be admitted.
MR. KING: That concludes the presentation of documents from the Document Book IX-A; and also the extent of the Prosecution's preparation here in the courtroom this afternoon.
THE PRESIDENT: There is nothing further you have to offer this afternoon?
MR. KING: No.
THE PRESIDENT: We Will, therefore, adjourn at this time until 9:30 o'clock tmfrrrr morning.
(The Tribunal adjourned until 30 April, 1947, at 0930 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Josef Alstoetter, et al, defendants, sitting at Nurnberg, Germany,on 30 April 1947, 0930-1630, Justice Carrington T. Marshall, presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal III.
Military Tribunal III is now in session. God save the United States of America and this honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Mr. Marshal, will you please ascertain if all the defendants are present in the court room?
THE MARSHAL: May it please Your Honors, all the defendants arc present in the court room, with the exception of the defendant Engert, who is absent due to illness.
THE PRESIDENT: Lot the proper notation be made.
MR. LAFOLLETTE: If Your Honors, please, the first witness this morning will be the witness, Josef Hlavac. The witness speaks Czech or prefers to testify only in Czech, and we present Mr. George Martin who will interpret from English into Czech and from Czech into English.
JUDGE BRAND: You will take the oath of an interpreter.
I solemnly swear to perform the duties of an interpreter to this Court, so help me God.
(The interpreter repeated the oath.)
MR. LAFOLLETTE: Now, if the Marshal will get the witness.
(The Marshal brought the witness into the courtroom.)
MR. LAFOLLETTE: The witness desires to take the American oath, if Your Honors please. I do not need to tell the Tribunal if it is given to Mr. Martin he will repeat it to the witness.
(Mr. Martin then repeated the oath to the witness.)
JUDGE BRAND: will you repeat the oath the witness took for the record?
MR. MARTIN: I swear by God, the Almighty and Omniscient, to tell the pure truth here, and I will omit nothing and add nothing to it.
MR. LAFOLETTE: It might be well so the record will be clear - I am assuming that the defendants through their counsel are satisfied with the interpreter, and with the fact that the witness is now testifying under oath. I think if there are no objections it should be noted at this time.
May we have the record note there are no objections?
THE PRESIDENT: It seems to be satisfactory.
DIRECT EXAMINATION BY MR. LAFOLLETTE:
Q Will you state your name.
A Josef Hlavac.
Q And, your place of birth and citizenship?
A 18 March 1901.
Q In Czechoslovakia?
A I am a Czech citizen.
Q And, you were, and you have been a Czech citizen continuously since your birth, and are now?
A Yes.
Q Will you toll tho Tribunal at what you were employed just prior to January 1941 and in January 1941?
A I was an employee of the State railroad.
Q Of Czechoslovakia?
A Yes.
Q State whether or not you were arrested in January 1941, and, if so, by whom?
A On January 7, 1941, at 9 o'clock in the morning my director called me up by telephone in the cashier's office of the railroad station where I was employed - that I would have to go at 9:30 to the Gestapo headquarters for an interrogation and to testify.
Q Were you kept in custody from the time you reported to the Gestapo until your trial in September 1941?
A I came there and they let me stand against the wall with my forehead against the wall, and they told me to wait. During about 30 minutes eight other people came. Shortly before noon they made a protocol with me and the Gestapo officials took mo away - put me into a motor car and drove me to my home so they could search my home.
Q I want to come back to that, but I want to establish this fact: From the time you were arrested until you were tried, in September 1941, were you continually in the custody of either the Gestapo or the police?
A From January 7 to 13 March 1941, I was in a Gestapo headquarters in Tohecovica. On the 13th of March they led us, by bus to the Gestapo headquarters in Prague where wo waited from 3:30 in the afternoon until 5 o'clock next morning in a corridor. During that time about three further transports arrived so that finally there were about 80 of us. In the morning at 5 o'clock the SS came with trucks and led us to the Wilson railroad station in Prague. We were put into railroad cars and they took us to Munich to Stadelheim prison. In the Stadelheim prison I saw the researching judge. On 1st of August 1941, five of us were transferred to Prague to a special court, Sondergericht. The trip from Munich to Prague lasted ten days.
Q Now, witness, what were you charged?
A I was charged - that I worked against the German occupation of Czechoslovakia.
Q State whether or not that was high treason or preparation for high treason?
A That was preparation for high treason.
Q Was that against the Czechoslovakian government or against the German government?
A That was against the government of Germany because against Czechoslovakia government, it could not be.
Q What acts had you committed upon which the charge was based?
A In Prague there was the so-called group that issued a legal newspaper and information about the Czechoslovakian government in London. I, too, received this news, and that was about all.
Q How many were charged with you at the same time?
A Ten.
Q Describe your initial examination by the Gestapo?
A When they arrested me on 7 January 1941, I had my first interrogation on the 13th; they led me from the prison at 7:30 in the morning and led me to the Gestapo. The Gestapo agent who had arrested me wearing a uniform, came in a civilian suit. I was already there in that room when he came; he took of his coat; he had his revolver under his arm in a leather strap.