"If in a trial, testimonials of political conduct are submitted for the characterization of the accused it has to be left to the judge's dexterity to avoid conflicts with the department which furnished the testimonial of political conduct.
"In libel actions which a rise through the contents of a testimonial of political conduct, the court should not examine the factual correctness of a certificate of political qualification.
"If great doubts are felt as to the accuracy of the certificate of political conduct the opinion of the party office above the issuing department is to be heard (for example: If the Ortsgruppenleiter has issued the testimonial of political conduct, the Kreisleiter is to be asked for his opinion, if the Kreisleiter has issued the testimonial, the Gauleiter is to be asked for a statement. The opinion of the Reichleiter to be obtained by report to the Reich Minister of Justice."
MR. LAFAOLLETTE: I offer as Prosecution Exhibit No. 40 instrument document NG-673 in Bock 1-B.
THE PRESIDENT: It will be received in evidence. The document will be received in evidence.
MR. LAFOLLETTE: I shall ask Mr. King to continue.
MR. KING: May it please the Court, the next exhibit the prosecution would like to offer is NG-607 to be found beginning on page 79 of Document Book 1, Part B and continuing through page 83 of the same book. The Exhibit number is NG-607 beginning at the top of page 79 in the English translation. It's a decree dated -- it's a decree signed Thierach, dated 20 July 1943.
"I appoint the Chief Prosecutor in the Reich Ministry of Justice; SS Obersturmfuehrer Dr. Horst-Guenter Franke Chief-Liaison-Officer to the Chief of the Security-Police and of the SD (Reich Security Main Office) effective as from 1 August 1943.
Berlin, 20 July 1943.
(signed) THIERACK"
MR. KING: On the same page in the English text the last paragraph on that page.
"An unbiassed judgment on the personality of this Civil Servant can only be formed after prolonged observations under the full burden of his task. Hitherto he has proved to have the necessary qualifications, he is a clear headed thinker and gives lucid reports, he is efficient and has a clear political judgment, Berlin, 4 August 1943 (signature) illegible."
MR. KING: The court will notice the signature on the mimeographed page 79. It seems to have been illegible to the transcribed. However, upon checking the document it seems clear to us that the signature was the name "Vollmer." On the next page the first paragraph:
"The Minister wishes arrangements to be made for the promotion of FRANKE as Ministerial Rat."
MR. KING: And that note was signed by Klemm and dated 4-2-44. That's all on that page which we wish to read. Continuing on the next page, page 81 of the English text a letter addressed to Dr. Horst-Guenther Franke, dated 25 April 1944.
"The Fuehrer has appointed you Ministerialrat by deed of 20 April 1944, already handed to you. I assign you to your new office in the Reich Ministry of Justice in Berlin and I list you effective 1 April 1944 in the regular Reich Salary Group A 1a."
MR. KING: We do not wish to read further on that page nor the next page in the English text which is page 82. Prosecution offered NG-607 in its entirety in evidence.
THE PRESIDENT: The document will be received in evidence.
MR. KING: As Exhibit No. 42 the prosecution wishes to offer NG-219to be found in the English Document Book 1, Section B, beginning on page 84 and continuing through to the bottom of page 89 in the same volume. Beginning on the top of page 85 in the English text:
"Copy of an extract from the report regarding the situation by the General Public Prosecutor in Jena of 30 September 1943.
"The reciprocity contained in the Executive Order of the Reich Ministry of Justice concerning the co-operation of the justice authorities with the Security Service of the Reichsfuehrer SS of 3 August 1942 - German Justice S. 521 - is only very conditional. The Justice works openly, and the Security Service secretly. So, as a general rule the justice is not at all informed of the work which is being carried out by the Security Service and is therefore also not in the position to request information. It is usually accidentally informed about such investigations. So it was in the case of Greiz, which was presented to the Minister and during which an Inspector of Justice was asked about the attitude in the judicial circles regarding the judges letters. I furthermore remember a case of Sonneberg from which the conclusion could be drawn that the Security Service made investigations regarding the protection of war marriages through the courts."
MR. KING: That's dated Berlin, 6 October 1943. The next page, page 86, we do not wish to read into the record although we do wish to offer it in evidence.
Page 87 of the English text:
"To Ministerialdirector Letz.
"I would be grateful to you for information as to whether you are informed about the cases of Greiz and Sonneberg. The peculiar method of not answering special questions is generally known throughout the entire Reich. It is unbearable for people with character and it is an impossibility for decdnt people or members of the Party. In my opinion it would come to an end at once if one is quite candid and would tell them the whole truth about the P.K."
MR. KING: I would like to say parenthetically that the meaning of PK at this moment is unknown to the prosecution. To continue:
"I personally must persist in the demand for complete equality and the corresponding etiquette. I have just given orders to the Oberregierungsrat---"
MR. KING: The name is illegible apparently.
"---to raise objections again certain abuses in a suitable manner at the Reich Main Security Office."
MR. KING: The note is signed Vollmer, 27 October. We do not wish to read further on that page.
The next page, 88 in the original text, we would like to read in its entirety:
"To Ministerialdirector Dr. Vollmer.
"The cases of Greiz and Sonneberg have not been known in Department No. 1.
"Moreover, I know from documents, which the minister produces from time to time out of his private files, that the Security Service takes up special problems of the administration of justice with thoroughness and make summarized situation reports about them. As far as I am informed, a member of the Security Service is attached to each judicial authority. This member is obliged to give information under the seal of secrecy. This procedure is secret and the person who gives the information is not named. In this way we get, so to say, anonymous reports. Reasons given for this procedure are of state political interest. As Long as direct interests of the state security are concerned, nothing can be said against it, especially in war-time. Moreover, as far as, for instance, less important judgment of personnel of a less important nature, expert questions of justice or general 'reports of attitude' are concerned, I do not regard the anonymity as harmless. The danger exists that people will be trained to snoop around, that unjustified denunciations will occur, and that an atmosphere of mistrust will be created. There can, indeed, be no question of cooperation between the justice and the Security Service during such a procedure. On the other hand, the minister may be interested to know how the justice is criticized outside the official channels of appeals. In any case, the secret, one-sided Security Service reports cannot be a basis for the establishment of facts and certain conclusions. They may provide hints."
Signed, "Letz, Berlin, 29 October 1943".
The Prosecution would now offer NG-219 as Exhibit No. 42.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Exhibit No. 43, the Prosecution will offer NG-440, which is to be found on page 90 in the English text of Document Book 1, Section B. It is dated 5 July 1944.
The subject is: "Speech of the Reichsfuehrer SS at the Reich Castle at Cochem."
"On the invitation of the Reich Minister of Justice, Dr. Thierack, the Reichsfuehrer SS--that is, Himmler--spoke to the Presidents and the Chief Prosecutors of the courts of appeal at the Reich Castle of Cochem on 20 May 1944. The question of the development and the aims of the SS was dealt with, in particular the importance of the racial question, questions of national biology, fighting selection, racial community, the importance of the Waffen SS, and the Greater-German thought.
"The judges and prosecutors were to receive the information through the Presidents of the Courts of Appeal and might have been informed in the meantime.
"You are respectfully requested to submit a detailed report on the reception and the effect of this speech on the judges and the chief public prosecutors."
The Prosecution offers in evidence NG-440, as Exhibit No. 43.
DR. GRUBE (Counsel for the defendant Lautz): I should like to object to this document. From the document, it cannot be seen by whom it has been decreed, nor to whom it was addressed. The document contradicts Article 7 of Ordinance No. 7.
THE PRESIDENT: We have heard the objection.
MR. KING: If it will help clarify matters somewhat, the Court will notice on that document the initials "K. M." Those initials are believed to be those of the defendant Klemm.
DR. GRUBE: That does not prove that it was in fact written by Klemm. We will have to find out whether it was really Klemm.
MR. KING: May it please the Court, the Prosecution has in process of preparation now a document which will materially aid not only the Court, but the defense, in the identification of these documents. We regret that that is not ready at this moment. However, we will introduce it in a matter of a very short time.
I might say just briefly that this document is a listing of official signatures, official initials, of all of the defendants; and when we make the statement today that these initials appear to be these of Klemm, it is on the basis of this document which we will introduce at the beginning of next week.
However, if, in the defense's opinion, this should be help up until it can be positively identified, I am sure that the prosecution will have no objection to doing that.
MR. LA FOLLETTE: May I say this to Your Honors to explain further the position of the Prosecution? The document was in the Berlin document center. We have done almost everything we can to get it down here. It is down here now, I understand, and is being processed. We have not desired to delay, but we are quite sure the document will furnish adequate competent identification. For that reason we ask that these documents, and others to which similar objection might be raised, until we file the evidence, may be received subject to their going out if we don't then identify them.
THE PRESIDENT: We will tentatively and conditionally receive this document, and other documents where similar objections are made, and in the event no further authentication is made or identification, we will then rule upon the matter as the occasion arises.
MR. KING: Very good.
THE PRESIDENT: Perhaps I should add that we will rule it out unless something further is presented.
MR. KING: Yes, sir.
The Prosecution would next introduce as Exhibit No. 44 document NG416, to be found beginning on page 91 of document book 1, Section B. Reading from the top of the page in the English text:
"The National Socialist German Worker's Party, Party Chancery, Ministerial Director Dr. Friedrich. Munich, 1 August 1944."
The letter is addressed to Undersecretary of State Klemm, Reich Ministry of Justice.
"My dear Party Comrade Klemm:
"A short time ago the Minister, still under the impression of the 20 July 1944, wrote letters to the Fuehrer and to Reichsleiter Bormann, discussing again the plan of placing cases of political crimes under the jurisdiction of the Department of Justice.
I immediately informed the Reichsleiter, who at once agreed to the idea, in a positive sense by teletype. I hope that this information was in time to enable the Minister to discuss the matter yesterday in Berlin with Reichsleiter Bormann, but I wanted to inform you too, confidentially, on the state of things by this letter. Perhaps you are in a position to inform me directly on the state of the matter, in particular concerning the opinion of the Minister, so as to speed up the affair. I hold that the situation, which is extremely favorable to it, ought to be made use of quickly.
"Heil Hitler, Yours, Friedrich."
On the next page, it is to the Secretary of the Reich Ministry of Justice, Ministerial Director Dr. Friedrich. It is dated Berlin, 4 August 1944.
"Dear Party Comrade Friedrich:
"I thank you for your letter of 1 August 1944 concerning the placing of cases of political crimes under the jurisdiction of the Department of Justice. The matter got through smoothly, in particular the legal proceedings connected with the events of the 20th of July will be transferred to us.
"In my opinion, the problem is not yet fully solved thereby. The old plan of taking political cases away from the Wehrmacht jurisdiction and of transferring them to our Special Courts and to the People's Court should be reconsidered. But I do not know whether we ought to bother the Fuehrer at all with it right now. At all events, we informed the Reichsfuchrer SS of the idea too. I think it would be best to solve this whole problem now with the rest.
"Heil Hitler, Yours, Klemm."
The Prosecution now introduces in evidence Exhibit No. 44, NG 416.
THE PRESIDENT: It will be received in evidence.
MR. KING: The Prosecution would like to introduce as Exhibit No. 45 NG 195 to be found in the English text in Document Book 1, Section B, beginning on Page 93. The first part of this proposed exhibit refers to the minutes of the conference of department chiefs on 6 January 1944, reading from the first paragraph:
"The Minister began by thanking the department chiefs for their good wishes and then entered into the reasons which had led to the temporary deactivation of the State Secretary Dr. Rothenberger. He said that a change of person in the post of state secretary would not cause any change in the existing policy governing the administration of justice. In particular the three offices comprising the judges and those who administered justice, the administration of justice through the people, and the new order of the judicial organization, would continue their work with the same object in view. The chief presidents and the advocates-general would be informed of it at the next meeting of chief presidents at the beginning of February."
The third paragraph from the English text, also on Page 93:
"The minister announced that from now on the departments III, IV, and V, too would be placed under the control of the state secretary and hereby recalled the contrary regulation in office routine, which was published on 27 August 1942, but added that all death sentences must continue to be submitted to him. He would request the state secretary to be present when they were submitted. Furthermore all political and legal matters of particular importance must be reported to him."
Then on Page 94 of the English text, two paragraphs down from the one I have just finished reading:
"The minister furthermore decided that an information service must be provided for the chief presidents and the attorneys-general, to enlighten them on political events, on the feeling aroused in the public by the administration of justice, and to provide them with information on those spheres of life which are of interest to justice. He said that an attempt should be made to get information from other authorities.
Furthermore, good articles which give a survey of certain spheres of life should be made accessible to the chief presidents and attorneys-general. This information service must start on 1 March 1944."
The last paragraph on page 94:
"In conclusion Ministerialdirector Dr. Suchomel delivered a report on the condition of the work in division III. It was announced that at the next department chiefs' conference Ministerialdirector Alstoetter would give a summary of the work of department IV."
On page 95 beginning "Minutes of the Conference of Department Chiefs on 31 January 1945," the second paragraph -- I note from the translating booth that this particular page is not in at least some of the German texts. It appears that the missing page is 104 in the German textbook. The second paragraph:
"The branch offices of the ministry in Prenzlau and Zehdenick must not be evacuated prematurely, not even by members of the family, although precautions should be taken in general for the destruction of all materials relating to the files. In particular it must be made quite clear what was to be destroyed, and where and by whom. Above all, no personal files, not even from division V, no particulars as to the employment of prisoners in armament factories, no files referring to the budget or other secret procedure must fall into the hands of the enemy."
The next to the last paragraph from that document:
"In conclusion Ministerialdirector Engert gave a summary of the damage caused by air raids to both persons and buildings in the penal institutions."
The Prosecution would offer Exhibit 45, Document No. NG 195 in evidence.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Prosecution Exhibit No. 45 -- excuse me -- 46, we would now like to present certain paragraphs from Document NG 711 which is to be found beginning on Page 100 of the English Document Book 1, Section B.
THE PRESIDENT: Mr. King, I call your attention to the fact that you say you are offering a portion. You mean you are offering a portion or reading a portion?
MR. KING: I would like to correct that. If I said "offer a portion" it was inadvertent, because I mean "read a portion," offering as in the past, the entire document.
With the exception of the first line of that affidavit I will begin reading with the second paragraph:
"Affidavit. I, Dr. Manfred Roeder, being duly sworn, depose and state:
"On 1 April 1935 I was called to the Military Judiciary, on 1 November 1935 I became Supervisory of the Air Force Regional Command, on 1 April 1937 Supervisory Judge Advocate of Courts Martial of the Air Force Regional Command VII, Brunswick, on 1 December 1938 Supervisory Judge Advocate of Courts Martial of the Air Force Regional Command III, Berlin, on 1 January 1939 Chief Judge advocate of Courts Martial and on 1 October 1939 Supervisory Judge of Anti-aircraft Artillery Corps I, and on 1 November 1940 Supervisory Judge in Air Force Administrative Command Headquarters III, on 1 August 1941 Oberstkriegsgerichtsrat. I remained until 1 January 1944 as Supervisory Judge with Air Force Administrative Command Headquarters III and on 1 January 1944 I became Chief Judge with Air Force IV, on 24 January 1945 I became Generalrichter. I never belonged to the party. On 1 October 1933 I ranked as a member of the S.A. by reason of the transference of the Stahlhelm to that body, and I left the S.A. at my own request on 1 April 1935.
In 1938 I made my first acquaintance with the Gestapo. A certain Counsellor SCHWARZ of the Reich Air Ministry had been arrested by the Gestapo. I heard of it by accident, and thereupon demanded the man's immediate release, as he appeared to me to be innocent. General WEISE and I raised this most important question together.
"Counsellor SCHWARZ was then proved innocent and set free. We received no support from the Ministry of Justice. In many cases, if it had merely tried to exercise the necessary influence the Ministry would have been able to free many people from Gestapo custody.
Dr. SCHLEGELBERGER was a man who wavered first to one side and then to the other. With regard to the administration of justice in the Air Force we declined to collaborate with the Ministry of Justice on fundamental questions, in order to be free from the influence of party politics. I know that the Ministry of Justice was very indignant at the independence of military law administration and that in 1942 the first attempt was made to eliminate military administration of the law from all political trials, i.e. practically to do away with military administration of the law as a department of justice. This attempt was not successful until after 20 July 1944.
"In Poland we only exercised jurisdiction over military personnel. We were not responsible for the inhabitants of the country. If persons of Polish nationality were sentenced in military courts, it was only in cases of punishable acts between Poles and German military personnel, or cases of offenses against the security of the armed forces. The civilian population came under the jurisdiction of special courts of the Ministry of Justice. I first became acquainted with the special courts of the Ministry of Justice in Poland in the fall cf 1939, when I set up Air Force Courts Martial. At this time, it was about the 17th or 18th of September, there was in W (illegible) an Amtsgerichtsrat from Schneidemuehl and an Amtsgerichtsrat from Stettin in Graudenz. I got the impression that criminal, court judges were particularly chosen from those parts of the provinces ordering on Poland for these special courts. I saw myself how these men turned up in Poland at the beginning of the war without food, without shelter and without directions as to where they should report. I do not know whether it was in Bromberg or Graudenz. When I arrived at the hotel, two men were sitting in the lobby. One introduced himself as a Landgerichtsrat from Schneidemuehl. He had come by car and had nothing to eat for days. In the confusion which still existed they did not know how to find their way about, I thereupon sent them to headquarters so that they could establish a contact.
My impression is that it was only in 1940 after the French campaign that the SS with its administration of the low gained predominance. The special courts were supposed to take over the functions of the Polish jurisdiction. For those special courts there was a court order for Poles, which was often not approved by our judges. Out judges in Warsaw and Cracow often told me that the fact that Polish witnesses could not be sworn in caused constant difficulties. We treated the Poles in accordance with the military penal code. People from the special court made representations to the Ministry of Justice that because of this the Poles received preferential treatment from us. Whereupon the Ministry of Justice referred these complaints to the Reich Air ministry. The military courts were relatively more popular with the civilian population than the special courts, because the military courts worked more objectively. The civilian population refused to have anything to do with the special courts. They were much more afraid of the special courts than they were of the military courts. The feeling was frequently voiced in military circles that the civil administration and the special courts handled the political treatment of the occupied territories extremely clumsily. We saw with our own eyes the resistance movement growing, because, as is well known, force is countered with force.
After the French campaign the SS courts and the police Courts came to the fore in Poland. The special courts were replaced by regular courts in the larger cities, so that then in Poland military, SS, and Civil jurisdiction existed side by side.
"In 1944 after 20th July jurisdiction over political offenses was withdrawn from the Wehrmacht administration of justice. The decree stated that in a number of clearly defined political offenses a report had to be made to the Ministry of Justice. The Ministry of Justice then decided which cases had to be tried by the people's Court. The rest of the cases, which were unimportant, were referred back to the military legal administration after having been checked by the Ministry of Justice. In the interests of justice the courts martial sabotaged this decree, because on account of military necessity they had the possibility of dealing with the matter themselves.
The military courts at home could not evade the decree. The decree was a declaration of mistrust against the objectivity of military jurisdiction, it complied with a wish of the Fuehrer, and found resonance in the ministry of Justice which criticized the mild treatment of political matters."
I will not read the last paragraph. It is signed by Dr. Roeder on the 25 January 1947. Nuernberg, Germany.
DR. GRUBE: Counsel for the Defendant Lautz. I have no formal objection against this affidavit. However, I would like to reserve the right to call Roeder as a witness. I ask, therefore, that I be permitted to make a reservation now that the Witness Roeder appear here.
THE PRESIDENT: Dr. Crube, I understand that you want the right to call Dr. Roeder as a witness.
DR. GRUBE: Yes. I do not want to decide about it now. However, I would like to reserve the right to call him if necessary.
THE PRESIDENT: You would have that right without reserving the right at this time. You may call Dr. Roeder as a witness when you present your defense. The rule we announced this morning would cover that, I think.
DR. GRUBE: Yes, sir. Indeed.
MR. KING: The Prosecution now offers in evidence as Exhibit Number 46, the document marked NG-711.
THE PRESIDENT: It may be received in evidence.
MR. KING: The Prosecution will now introduce as Exhibit Number 47, the document NG-218 which will be found in the English text on Page 118. This is a memorandum to the heads of departments dated 2 December 1941, signed by the Defendant Schlegelberger.
"In war more than -
MR. LaFOLLETTE: If Your Honor please, may we inquire of Defense Counsel if they have Document 218 on Page 132 of the German Document Book?
MR. KING: In view of the temporary absence of that document from the German Document Book, we will withdraw and proceed with another exhibit.
THE PRESIDENT: This will carry the Exhibit Number 47?
MR. KING: That is correct, Your Honor.
As Exhibit Number 47, the Prosecution would like to introduce NG-199 which is to be found beginning on Page 123 of Document Book 1, Section B. I might point out to the Court that the document extends to Page 133 of the English text.
This is a decree concerning personnel measures in connection with the reorganization of justice. It is dated October, 1942.
"So that in urgent individual cases the necessary personnel measures may be taken to build up a powerful system of administration of justice, I order on the basis of the Fuehrer decree of 20 August 1942.
It appears to be from Reichsgesetzblatt I.
"To facilitate the re-organization of legal administration, judges and officials of the Reich administration of justice can until 31 March 1943 be transferred to another office of the same pay-group or to a similar lower-salaried position--whereby they retain the same official designation and income as hitherto-- or else temporarily suspended from duty or retired from service without the proving of incompetence."
DR. WANDSCHNEIDER: Defense counsel Wandschneider. In the name of my client I should like to object to the submission of this document for the reason that this can only be a draft, because according to the opinion and recollection of my client the text of such a decree was never signed and therefore it could not be a decree published formally among the publications of German jurisdiction. In this connection I ask to find out what the signature under this decree was and if possible to produce the Reichsgesetzblatt (Reich Legal Gazette).
MR. LAFOLLETTE: Your Honors, has the court ruled on the objection?
THE PRESIDENT: We are waiting for your comments.
MR. LAFOLLETTE: We can produce the Reichsgesetzblatt, if necessary. This very large Reichsgesetzblatt is very voluminous. The document itself, I believe, shows on its face that it was a decree with the date of publication on the face of the document. If it should develop that it has not been published, I think that is a matter of defense, but at present it indicates that it was a published decree.
JUDGE BRAND: Is there a certification that it is a copy of the Reichsgesetzblatt?
MR. LAFOLLETTE: It does not, Your Honor. At this time I prefer to withdraw the submission of this exhibit until I check up on the character of the representation made in it.
THE PRESIDENT: Dr. Wandschneider wishes to know if you are able to tell him whose signature it was. If you are able to tell him, do so. If not, please report the fact.
MR. LAFOLLETTE: What signature does Dr. Wandschneider refer to?
THE PRESIDENT: The Reich Ministry of Justice. It's signed "The Reich Ministry of Justice" but no definite name is given.
MR. LAFOLLETTE: We will withdraw the introduction of this document at the present time.
THE PRESIDENT: Very well.
MR. LAFOLLETTE: Does the court desire to recess at this time?
THE PRESIDENT: We will take a 15 minute recess at this tine.
THE MARSHALL: The Tribunal is again in session . MR. WOOLLEYHAN: If the Court please, at this time the Prosecution would like to present Document NG 802, which appears in Document Book I-A. Let me correct that statement please:
It does not appear in the index of Document Book I-A for the reason that it was not prepared in the proper farm in time to be so included. However, after the book was bound, this document was prepared and distributed to the Defense Information yesterday afternoon. I wish at this time to inquire whether the defense counsel have German copies of Document NG-802. It is a biographical affidavit of the defendant Rothenberger; it was sent to the Defense Information Center last night. You do not have a copy? (Apparently net) It was the Prosecution's intention to offer that document in evidence at this time, but if the defense does not yet have it, we will postpone it until Monday. We have an alternative suggestion: There appears a *** photostat of the criminal affidavit; if the defense counsel for Rothenberger would care to glance ever it,and if he has no objection, we could introduce it later this afternoon; otherwise, in the normal course of **** business, we will wait until Monday.
MR. LA FOLLETTE: I might just add that this is a document which is purely a biographical affidavit of the defendant Rothenberger and only affects him as far as I can see.
JUDGE BRAND: May I ask if the instrument is contained in any document book that the Tribunal has?
MR. LA FOLLETTE: It is not, but we have English translations available for the Tribunal, if defense counsel would fool that he can safely permit us to proceed; if not, we will wait. No objection apparently; will you distribute those to the Court. We are now distributing what we hope is a sufficient number of English translations of the document in ques tion.
MR. WOOLLEYHAN: The Prosecution wishes to offer us Exhibit No. 48 --- correction, Exhibit No. 47 Document NG802, a biographical affidavit -
MR. LA FOLLETIE: I am sorry, Your Honors, but I think -
MR. WOOLLEYHAN:
If the Court please, due to an omission of the German Translation of this document, we will withdraw it, correct it, and introduce it at a later date.
THE PRESIDENT: Very well, it appears that we are having a hard time with document No. 47.
MR. WOOLLEYHAN: Yes, sir; this is the third try. What we hope will be Prosecution's Exhibit 47, we wish to offer at this time, document NG 605 which is found on page 20 of the document book l-A, English book 1-A.
THE PRESIDENT: What page is that?
MR. WOOLLEYHAN: Page 20 of the English document book 1-A; that is the other book, the one we had been using. Do the interpreters have that?
INTERPRETER ROSENTHAL: No, we do not have it. The copies are not identical.
MR. WOOLLEYHAN: I shall read the first few lines and check. "Reports and Information Introduction into office of Attorney General Dr. Joel at Hamm."
INTERPRETER R0SENTHAL: No, we do not have it.
HR. WOOLLEYHAN: I will withdraw the document -
INTERPRETER ROSENTHAL: (Interposing) Yes, we have it.
MR. WOOLEYHAN: It is in the German document book? You have it?
INTERPRETER ROSENTHAL: Yes.
MR. WOOLLEYHAN: It is as follows:
"Reports and Information Introduction into Office of Attorney General Dr. Joel at Hamm.
"On 17 August 1943 the formal introduction into Office of the now Attorney General, Dr. Joel by State Secretary Dr. Rothenberger took place in the general meeting-room of the Superior Provincial Court at Hamm.