Second, that on its face it does not purport to be connected with or to bind the defendant Schlegelberger.
Third, that if it is found to be evidence against Schlegelberger, it will be by reason of some other evidence, either verbally given or some other document, and there is no use arguing about that at all. If it is connected up against him in another manner it will be considered against him. If it is not connected up by some other evidence, it will not be considered against him.
THE PRESIDENT: That is correct. The document will be received in evidence for what it is worth. But what has already been said as to whether it is connected up with Schlegelberge, it will have to be admitted on all sides that that has not yet occurred.
MISS ARBUTHNOT: The document was being offered at this time merely as another portion of the back round of the Nacht and Nebel procedures. I think that in future documents it will be connected up with the defendant Schlegelberger.
THE PRESIDENT: For the purpose you have just stated, of course, it will be received, and that only.
MISS ARBUTHNOT: The next document, NG-708, which appears on pages 22 to 40 of the English book, and 20 to 41 of the German, is a case record of two Poles arrested in Paris and held for trial under the Nacht and Nebel order. It appears from this that one of these Poles was shot on the 11th of August, 1942, apparently before he was tried, and that the case against the other Pole, a woman by the name of Masza Lew, was concluded because of her prior death in the concentration camp at Auschwitz.
The correspondence concerning the Lew case was carried on by the Chief Public Prosecutor's office at the People's Court in Berlin, the defendant Lautz being the Chief Public Prosecutor at that time.
In the correspondence particular stress is laid on compliance with the Nacht and Nebel order, concerning secrecy of the whereabouts of the defendants, and stressing also the fact that no information should be given to anyone inquiring concerning these defendants.
For example, on page 36 of the English book and 37 of the German book, in a letter from the People's Court to the Secret State Police, the last paragraph, it is stated there:
"The prisoner, who came to Germany in accordance with the Fuehrer Decree of 7 December 1941" -- and this decree, as you know, is the Nacht and Nebel decree -- "is to be kept strictly segregated and in solitary confinement during the transfer and all possible intermediate stops. The prisoner must under all circumstances be prevented from contacting the outside world by letter or by any other means during the transport."
DR. GRUBE: May it please the Court, the prosecution has connected the defendant Lautz with this document. In the whole of the document, not even in the photostat, does the name of the defendant Lautz appear even once. Concerning the correspondence of the Chief Prosecutor, it is always Parrisius who signs the letters; but the last letter which was just quoted by the prosecution was signed by Volk. None of the defendants is therefore immediately affected by this document.
I doubt, therefore, that this document has full probative value for this trial, and I therefore object to it.
MISS AHBUTHNOT: The prosecution believes that this document does have probative value in this case. The letter-head in this correspondence is of the Chief Prosecutor's Office, the People's Court in Berlin, and the letters are signed by persons in the Chief Public Prosecutor's Office, so that the responsibility for the correspondence could be directed to the defendant Lautz.
THE PRESIDENT: I suppose that is so. However, the same ruling would apply here that applied to the other, but with a little more force, because this has been traced to Lautz' office. That would be the only thing additional. At any rate, we think it comes under the ruling that has heretofore been made, that the document has some probative value on some issue. Therefore, it will be admitted.
MISS ARBUTHNOT: I don't believe I gave that number; it is to be Exhibit 309.
THE PRESIDENT: That is correct.
MISS ARBUTHNOT: The next document, No. 2521-PS, pages 41 through 43 of the English book, and pages 42 through 44 of the German book, is a letter from the SS Chief of the Branch D Concentration Camps to the commanders of the concentration camps listed on page 41. It even encloses an extract from the Nacht and Nebel decree.
It is pointed out on page 42 that after transfer of Nacht und Nebel prisoners to the Reich, if it is not possible for the Special Courts to take care of them they will be placed in concentration camps under protective custody until the end of the war, and no information concerning these prisoners is to be given out even in the case of death.
This document is, again, just background material on the Nacht und Nebel procedures. It is offered as Exhibit No. 310.
THE PRESIDENT: The document will be admitted in evidence.
MISS ARBUTHNOT: The next document is NG 250, which appears on Pages 44 throught 47 of the English Book and Pages 45 and 46 of the German book. It contains correspondence addressed to the Reich Ministry of Justice concerning the prosecution of Nacht und Nebel cases in Essen/Wuppertal, in which cases the death sentence was to be expected. It appears that the defendant Von Ammon initialled this correspondence when it came into the Ministry of Justice.
THE PRESIDENT: On what page of the document does Von Ammon 's name appear?
MISS ARBUTHNOT: It does not appear. I believe that is one of the illegible handwritten notes that appear on Page 46 of your book, Your Honor, but the photostat here has the initial of von Ammon.
DR, SCHILF (Counsel for Defendant Mettgenberg): The document, or rather the photostat of it, is so difficult to read that here again I would like to ask permission to see the original As in the previous case, I would like to ask the prosecution, if this document should be in nuernberg, to let us see it and compare it with the copy.
MISS ARBUTHNOT: I am afraid, Your Honor that the original of this document is in the Berlin Document Center and is not available here in Nuernberg at the present time.
THE PRESIDENT: Does the Prosecution claim there is enough in this document as already shown to identify it with any particular defendant?
MISS ARBUTHNOT: Yes.
THE PRESIDENT: If so, I would like to have that part of the document pointed out to me.
MISS ARBUTHNOT: The only identification on this document as to any of the particular defendants that I have been able to decipher is the initial of von Ammon. That does not appear on the mimeographed copy in your book, Your Honor, but only appears on the photostat.
THE PRESIDENT: Can you tell me where it appears on the document?
MISS ARBUTHNOT: It appears on the last page of the document approximately under the name of Engelmann.
DR, SCHILF: May I add the following remark. In the German document book there is a note which has been copied. That note says, to be submitted, among other things. That means to say, for information, Dr. Mettgenberg. That apparently only appears in the German document book, I cannot find it in the English document bock, but the photostat is so bad that I cannot decipher that passage from the German document book to be read Dr. Mettgenberg. In that respect Dr. Mettgenberg. In that respect Dr. Mettgenberg had been connected with this document, but it cannot be identified. That is due to the fact that the photostat is so bad.
THE PRESIDENT: It appears clear to one of us, at least that if the document is so bad that the people who prepared these documents books put it down as being illegible, that the prosecution should not expect the Tribunal to indulge presumptions as to who signed it unless there is expert testimony as to who signed it.
MR. LAFOLLETTE: I don't think that is involved here, Your Honor.
THE PRESIDENT: Well, it appears to me to be involved if they claim that von Ammon has his initials on it and if we can't find it in our document book. If his initials do appear on the original and you claim that they are decipherable, I think that you will have to present evidence which will satisfy the Court of that fact.
MR. LAFOLLETTE: If Your Honor, will turn to page 46 of this document book let's dispose of von Ammon first. There is nothing that I see on page 46 of the document book that says that it is illegible. It says handwritten for those signatures 4/9. In the photostat the name of von Ammon is clear.
They don't say there that they can't read the document. As I understand it, they simply say they don't put it in.
THE PRESIDENT: Our document book doesn't show his name at all.
MR LAFOLLETTE: Neither does ours.
THE PRESIDENT: Then there is something wrong with the document book.
JUDGE BRAND: If it is in the document and it is clear, then the court can read it. If it is not clear, you will have to put evidence in to show who signed it.
MR. LAFOLLETTE: You mean if it is in the document book and it is clear?
THE PRESIDENT: It is not in the document book.
JUDGE BRAND: Obviously, the document book ought to be like the photostat.
THE PRESIDENT: First of all, we notice that Dr, Schilf is at the microphone, and if he can see the name von Ammon on the photostat, that will satisfy us, but if he denies that, we are not satisfied.
MR. LAFOLLETTE: Well, as far as I can see in this document I don't see any reference to von Ammon. I think Dr. Schilf is reading from another document-- I mean to Mettgenberg.
THE PRESIDENT: I have heard no claim that Mettgenberg is connected with it.
MR. LAFOLLETTE: There has been no claim here by us.
DR. BEHLING: May it please the Court. I believe that we are concerned here with a regrettable error. Concerning the defendant von Ammon, I can state here that he does admit that the initial which is entered on the photostat in his own. My colleague Dr. Schilf probably meant to say something different. I suppose he wanted to say, and as far as that is concerned I agree with him, he wanted to say that the handwritten note on that photostat is altogether illegible.
But as we are probably concerned with very important references, I should like to join Mr. Schilf in his motion and I would like to ask that the defense should have the original made available to them so that we can examine these handwritten notes. The other statements by Dr. Schilf, if I understood him correctly, referred to another document within the framework of this exhibit, which is not part of his photostat but is contained in the document under Number NG 250. I assume that the Prosecution intends to submit those two separately.
THE PRESIDENT: I have heard no one connect Mettgenberg with this document, except Dr. Schilf who represents him.
DR. LA FOLLETTE: If Your Honor please, if Miss Arbuthnot doesn't mind, at the bottom of page 36 you see that handwritten notations on the left side are illegible. That is what Dr. Schilf is talking about. Since he thinks maybe that Dr. Mettgenberg is in, we will let his statements stand as reading this for us which we couldn't read. We certainly offer it as having the signature of Von Ammon now identified.
THE PRESIDENT: We will take the document as only applying to Von Ammon until a further evidence appears.
MISS ARBUTHNOT: Document NG-250 is offered as Exhibit 311.
THE PRESIDENT: The document will be received in evidence.
MISS ARBUTHNOT: The next document NG-228 appears in the English book, pages 48 and 49, and in the German book on pages 47 to 49. These are notes signed by the defendant Von Ammon and addressed to the defendant Rothenberger, with a copy to the defendant Mettgenberg. It sets out the number of Nacht und Nebel cases pending in various courts; the changes in procedure including transfer of certain cases from Special Courts to the People's Court are also set out in these notes. The Document NG-228 is offered as Exhibit 312.
THE PRESIDENT: The document will be received in evidence.
MISS ARBUTHNOT: Document NG-226, which appears on pages 50 to 54 in the English book and also 54 in the German book, is correspondence concerning the transfer of jurisdiction in Nacht and Nebel cases from the Special Courts to the People's Court. In connection with this transfer of jurisdiction, new procedures are outlined, partially as follows - appearing at the bottom of page 52 of the English book and 53 of the German - we find that:
"The hitherto valid regulation whereby the accused who could not be sentenced to death or to long-term imprisonment were to be detained under arrest for an unlimited time by the courts is herewith cancelled. From now on they will be under custody of the State Police for the dura tion of the war.
"a) if there is no sufficient suspicion of a crime so that no charge can be made.
"b) if a charge has been made and the accused has been acquitted.
"c) if the accused has been sentenced to and served a short-term imprisonment."
Further on page 53 we find that second paragraph:
"The regulation according to which a charge is to be brought only if the death sentence or imprisonment of a certain minimum duration are to be expected is herewith cancelled. In future sentences of minor punishments and, in certain cases, even orders of acquittal can be passed. The regulation in No. 6 of the executing ordinance dated February 6, 1942, according to which the court has to approve of the proposal of abandonment brought by the prosecutor and, furthermore, has to grant the prosecutor the opportunity of stating his views in case it wants to divert from the prosecutor's proposal, has therefore been cancelled as unnecessary.
"The regulation in No. 4 Par. 1 of the order dated February 6, 1940, according to which a warrant of arrest can only be cancelled with my consent, has been cancelled. In all cases of cancellation of a warrant of arrest the accused has to be handed over to the Police, on principle, for further custody."
It appears on page 54 that a copy of this correspondence was sent to the defendant Von Ammon.
Document NG-226 is hereby offered as Exhibit 313.
THE PRESIDENT: Can you explain the language on page 53, the socalled "porto cases"?
MISS ARBUTHNOT: Yes, I think so, Your Honor. There will appear in further documents in this book other references to the Porto cases. Those were cases which arose in France and in which many persons were arrested. It was for some reason - I don't know the connection or the history of the name "Porto" but they were treated as Nacht and Nebel prisoners in the same way that other Nacht and Nebel prisoners were treated.
THE PRESIDENT: They were French nationals, you say?
MISS ARBUTHNOT: Yes, they were so.
DR. BEHRING: May it Please the Court, the last page of the photostat of this exhibit does contain the reference that a copy was to be handed on to the defendant Von Ammon. I cannot see from the photostat before me whether the defendant Von Ammon did in effect receive a copy or whether this was merely an instruction which was given on paper and which nay not have been carried out. I would ask, therefore, to be afforded an opportunity to see the original so that I can see whether a corresponding note or marginal note by the defendant Von Ammon can be recognized. As long as that point has not been cleared up, I object to the submission of the document with respect to the defendant Von Ammon, and I would ask that this document should be submitted merely as general evidence to describe the Nacht and Nebel affair.
THE PRESIDENT: The fact that his name appears in the document is some evidence that it was brought to his notice. If as a matter of fact he did not receive it, he can so testify when it comes to the defense, but the document is admissible in evidence purely on all of our rules.
MISS ARBUTHNOT: Thank you, Your Honor.
THE PRESIDENT: The document is received in evidence. There will hardly be sufficient time to take up another document today so we will adjourn until nine-thirty tomorrow morning.
THE MARSHAL: The Tribunal will recess until nine-thirty tomorrow morning.
(The Tribunal adjourned until 0930 hours, 22 April 1947.)
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 22 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 3. Military Tribunal 3 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 courtroom?
THE MARSHAL: May it please your Honors, all the defendants are present in the courtroom, with the exception of the defendants Rothaug and Engert, who are absent due to illness.
THE PRESIDENT: Let proper notation be made.
MISS ARBUTHNOT: If your Honors please, this morning we will continue with presentation of Document Book 6. The first Document NG-255, appears on pages 55 through 64 of the English, and on pages 55 through 60 of the German. This is correspondence concerning the admission of defense counsel elected by the defendants in "Nacht und Nebel" cases, together with comments concerning greater efforts necessary in carrying out secrecy measures under the "Nacht und Nobel" orders. admission of elective defense counsel was denied. On page 51 we find the statement -- correction, that is on page 57 -- we find the statement beginning with the first full paragraph:
"It is, therefore, my opinion that counsels for the defense in these proceedings should as a rule be only officially appointed and that only if in the estimation of the court and the prosecution the importance of the case demands it. This will, for instance, be the case in the proceedings that are expected to result in death sentences. None of the above mentioned objections exist in the case of the carefully selected official counsels for defense. As yet only two recognize , unconditionally reliable, pro-state and juridically efficient lawyers have been taken into consideration as such"-
THE PRESIDENT: I am wondering whether you read that accurately. Did I understand you to say "carefully selected case;" it should be "counsel."
MISS ARBUTHNOT: I beg your pardon, if I made that mistake.
(Continuing) "Accordingly, I intend to inform the applicant, attorney Freiherr von Gagern, in answer to his application of 6 October 1942 that no decision can be made in regard to his application since it is not permissible to investigate or to report on whether or not there are any proceedings pending here against the accused he mentions. Furthermore, I intend to continue to deal in the same way with similar applications.
"II. Beyond that, the present case induces me to report the experiences that have been encountered in connection with keeping secret proceedings of this type."-
THE PRESIDENT: I think you should raise your voice a little higher.
MISS ARBUTHNOT: (Continuing) "In this connection I believe that, I must say that, in general, the instructions for keeping secret these proceedings, the names of the accused, etc., are only kept uncompromisingly and lawfully by the authorities of justice."
On page 61 of the Document Book we find the initials of the defendants Mettgenberg and von Ammon. The letter on which these initials appear states that:
"Several attorneys general have raised the question whether chosen defense counsels are to be admitted in the procedures transferred to the general courts according to the directives of the Fuehrer of the 7th of December 1941"-- which directive, as you know, is the "Nacht und Nebel" order.
THE TRIBUNAL (JUDGE BRAND): I am sorry, we cannot hear you.
MISS ARBUTHNOT: I will raise my voice, your Honor.
THE TRIBUNAL (JUDGE BRAND): Will you speak a little closer to the microphone.
MISS ARBUTHNOT: Beginning again on this letter:
"Several attorneys general have raised the question whether chosen defense counsels are to be admitted in the procedures transferred to the general courts according to the directives of the Fuehrer of the 7th of December 1941 dealing with the prosecution of criminal actions Against the Reich or the occupation forces in the occupied territories. I have contacted the supreme commander of the Wehrmacht in that respect. He are both of the opinion that, in view of the regulations in force for keeping secret the procedures in question, there are basic objections to the admission of elective defense counsels On page 63 of this Document we also find a note that the defendant von Ammon is to receive a copy of all the correspondence.
His initials also appear on that page in the original photostat.
THE PRESIDENT: What page is that?
MISS ARBUTHNOT: Page 63.
Document NG-255 is offered as Exhibit No. 314.
THE PRESIDENT: The Document will be admitted in evidence.
MISS ARBUTHNOT: The next Document, NG-271, which appears on pages 65 through 75, of the English Book, and 61 through 70 of the German Book, is a letter from the OKW to the Ministry of Justice, to the attention of the defendant von Ammon, listing 224 persons imprisoned in connection with the "Porto" action. This is the action which your Honors questioned me about yesterday. The defendant von Ammon's initials appear on this Document.
THE PRESIDENT: My question raised was that "Porto" means France, but I think it means all the Western countries.
MISS ARBUTHNOT: Hell, this particular action was, I believe, limited to persons who were arrested in France. I don't know the history of the name "Porto" but the prisoners were treated as "Nacht und Nebel" prisoners.
THE PRESIDENT: "Porto" is the name of the first man who was tried.
MISS ARBUTHNOT: Document NG-271 is offered as Exhibit 315.
THE PRESIDENT: The Document will be admitted in evidence.
MISS ARBUTHNOT: The next Document is NG-272, appearing on pages 76 to 78 of the English Book, and 71 to 72 of the German Book. This is correspondence between the SS and the Reichs Ministry of Justice concerning "Porto" action. Regulations concerning the "Nacht und Nebel" prisoners are to be applied, according to this correspondence, and the relatives of the prisoners a re not to be informed of death, especially not of execution of a prisoner. This letter was to pass through the defendant Mettgenberg.
Document 272 is offered as Exhibit 316.
It has been c ailed to my attention that in the German book, on page 72 of the German and 76 of the English, in the first paragraph cf the letter which states " Already in my decree from 28 October 1942 in the English copy we have "-IV-"
THE PRESIDENT: "What page is that please?
MISS ARBUTHNOT: That is on page 76. In the German I understand there was a thypographical error and that " IV" was a "VI", but the " TV is correct as it appears in the English.
THE PRESIDENT: The document will be received in evidence.
MISS ARBUTHNOT: The next document, NG-253, appears en pares 79 through 84 of the English be k, and 73 through 80 of the German bock. This is correspondence concerning a new regulation with respect to the appointment of defense counsel in Nacht und Nebel cases. One of the reasons given for the curtailment cf appointment of defense counsel was that " The interest of foreign defendants can hardly be considered sufficiently important to justify continuous demands cf this kin- on staff and public funds."
That statement appears n page 81 of the English book, and on page 77 of the German.
THE PRESIDENT: I am wondering whether you can tell us about the symbol " I.A." on the bottom of pare 79.
MISS ARBUTHNOT: That is by order of."
On pare 79, the last paragraph, we find the statement in the proposed new order that:
" In trials in which according to the regulations, defense counsel, has to be provided for the defendant, the regulation may be ignored when the President of the Court can conscientiously state that the character of the accused and the nature of the charge make the presence of a defense counsel superfluous."
The initials of the defendants Mettgenberg and von Ammon appear on many of the pages of this document, They are not shown in the translation , but they do appear on the original photos tat.
THE PRESIDENT: If you have the information at the desk at this time, tell us were they appear.
MISS ARBUTHNOT: The photostat is being examined at the present time, but I can give you that information in a moment.
At the bottom of page 80 in the English book, and 75 in the German, the initials of Mettenberg and von Ammon appear. Also, at the bottom of page 75 are the initials of Mettgenberg and von Ammon.
THE PRESIDENT: I, probably is not justified in taking any more time.
MISS ARBUTHNOT: There are additional initials, but I have not been able to located the correct page in the ENglish translation.
Document NG-253 is offered as Exhibit 317.
THE PRESIDENT: The document will be received in evidence MISS ARBUTHNOT:
The next document, NG-267, appears on pages 85 to 87 of the English book, and 81 to 83 of the German book. This is a letter from the attorney General at the special court in Essen, Through the Chief public Prosecutor at Hamm--the Chief Public Prosecutor at that time being the defendant Joel--to the Ministry of Justice, dated the 20th of February 1943.
This letter concerns the methods to be used in turning Nacht und Nebel prisoners over to the Gestapo.
Document NG-267 is offered as Exhibit no 318.
THE PRESIDENT: The document will be received in evidence.
DR. HAENSEL: May I add to the record that reference has been made by Joel. May I be permitted to say that this document is not signed by Joel, but, first of all, by Engelmann as his deputy, and the decree on the document is signed by Hafner.
The signature of Joel does not appear on the document.
MISS ARBUTHNOT: The prosecution did not state the signature of Joel appeared on the document. We nerely stated that he was in office as public prosecutor in Hamm at the time that letter went through his office.
The next document is NG-269, appearing on pages 88 to 90 of the English and on 84 through 87 of the German. This is a letter from the Ministry of Justice dated March, 6 1943, addressed to Chief Prosecutor's People's Court, etc., concerning secrecy procedures to be followed with respect to Nacht und Nebel prisoners, in connection with the registration of births and deaths announcement of the death of a prisoner in the press or to the rela tives of the prisoner in connection with the burial, etc.
On page 88 at the bottom of the page we find the statement that:
"1. The cards used for investigations for the Reich Criminal Statistics need not be filled in. Likewise, notification of the penal records office will be discontinued until further notice. However, sentences will have to be registered in lists or on a card-index in order to make possible an entry into the penal records in due course. "2. In case of death, especially in cases of execution of NN-prisoners, as well as in cases of female NN-prisoners giving birth to a child, the registrar must be notified as prescribed by law. However, the following remark has to be added:
"By order of the Reich Minister of the Interior, the entry into the death or birth registry must bear an endorsement saying that examination of the papers, furnishing of information and of certified copies of death or birth certificates is only admissible with the consent of the Reich Minister of Justice."
Further, near the bottom of Page 89 of the English, I believe at the top of Page 86 of the German, is the statement that "the relatives will not be informed of the death and especially of the execution of an NN-prisoner. The press will not be informed of the execution of a death sentence, nor must the execution of a death sentence be publicly announced by posters.
"The bodies of executed NN-prisoners or prisoners who died from other causes have to be turned over to the State Police for burial. Reference must be nude to the existing regulations for secrecy. It must be pointed out especially that the graves of NN-prisoners must not be marked with the names of the deceased."
In the last paragraph we have the statement that "Legacies of Nacht and Nebel prisoners who have been executed or died from other causes must be kept at the prison where the sentence was served."
A copy of this document went to the defendant von Ammon, and it is initialled by the defendants von Ammon and Mettgenberg. The distribution list which appears on Page 90 of the English book includes the Attorney General at Hamm, which was the defendant Joel at that time.
Document 269 is offered as Exhibit 319.
THE PRESIDENT: May I inquire at this time whether any of the other defendants are included in the addresses found on Page 88? You have told us that Joel is.
MISS ARBUTHNOT: The Chief Reich Prosecutor at the People's Court, I believe, would be the defendant Lautz.
DR. HAENSEL (Counsel for Defendant Joel): There are some misunderstandings which have arisen here. The defendant Joel became Generalstaatsanwalt in Hamm in August 1943. The previous document and the one before that originate from a period when he was not at Hamm. That results from a document which, at the moment, I have not available, a document which the Prosecution has already submitted and which states that Joel took up his office in August 1943.
THE PRESIDENT: Maybe you might examine the other documents already introduced so that we can be assured of what you are saying now, instead of putting it off until later. And while we are on that subject, counsel for Lautz, if he has any similar claim to make, we should know of that at this time.
DR. GRUBE (Counsel for Defendant Lautz): I am not saying that the defendant Lautz was not Oberreichsanwalt at that tie, but it is not shown from the document that he actually received it. That is merely a distribution list from the Ministry. It is not proof that he actually received the document.
THE PRESIDENT: I think we can find that we have prima facie evidence that he received it from the document itself, but of course if he wasn't in office, that is another matter.
MISS ARBUTHNOT: He have merely stated that the distribution list shows that copies of these letters were to be forwarded to the persons listed.
As to the defendant Joel, it is our understanding that he was in office at that time.
THE PRESIDENT: Well, let counsel for Joel, if he has any further objections, make it known at the earliest possible date so that we will clear this up as we go along.
MISS ARBUTHNOT: Document 26? is offered as Exhibit 319.
THE PRESIDENT: The document will be received in evidence.
MISS ARBUTHNOT: The next document is NG 256, which appears on Pages 91 - 93 of the English and 88-89 of the German. This is correspondence between the Ministry of Justice and the Peoples' Court with respect to whether defense counsel will be allowed to Germans and provisional Germans on trial for offenses against the Reich in occupied territories. It was pointed out that Germans are not treated as Nacht and Nebel prisoners and counsel should be allowed. On page 92 of the English book, 89 of the German, the letter states that:
"The directives given by the Fuehrer on 7 December 1941 for the prosecution of criminal actions committed against the Reich or the occupation authorities in the occupied territories are applicable, according to their meaning and their tenor, to foreigners only, and not to German nationals or provisional Germans. My ordinance of 21 December 1942 cannot be applied therefore to the case mentioned by you. According to information received from the Chief Prosecutor with the People's Court, the Germans or provisional Germans involved in the criminal case which is the subject of your letter, are not treated as NN-prisoners. There is no objection therefore to grant admission to defense counsels of their own choice to these defendants."
This correspondence, including a note appearing on page 93, was -- rather, the note appearing on page 93 was signed by von Ammon and all of the correspondence came to his attention. The Public Prosecutor at the Peoples' Court, of course, was the defendant Lautz, although this letter, this correspondence, is from the President of the Peoples' Court at that time.