DR. WANDSCHNEIDER: Yes, Your Honor, then I refrain from putting any more questions.
THE PRESIDENT: The witness is excused.
MR. LA FOLLETTE: Apparently Dr. Schilf is not here. I can proceed with the witness Isaac Waller in rebuttal if I may. Dr. Schilf has not kept faith with the agreement he made with me as to his witnesses and I expect him to have them here Monday morning.
THE PRESIDENT: If they are not here this afternoon the Tribunal will take under consideration whether they shall be heard at all. We are not going to play with this business at all. You may call your witness.
MR. LA FOLLETTE: All of my obligations are ended, Your Honor.
The witness is sworn in English, Your Honor, and will testify in English.
THE PRESIDENT: Raise your right hand and be sworn.
You swear that your testimony now pending before this Court will be the truth, and the whole truth, so help you God?
(The witness takes the oath.)
MR.-LA FOLLETTE: In connection with the direct examination of the witness, the Prosecution offers as Prosecution Exhibit 600 a document NG 2421 which consists of photographs certified to by the witness. Here are two more, please take them up. I have distributed the phostats to the Tribunal and I have four more for distribution among defense counsel. I am sorry this is all I can supply you. We are short of - apparently they are short of photostatic material and I could not supply any more.
THE PRESIDENT: The Exhibit is received.
MR. LA FOLLETTE: I ask that the exhibit be returned to the witness so he can have it while he is on the witness stand. Let me have one of those and I will give it to you when we finish.
Will you get the ori ginal exhibit and give it to the witness.
You will state your name, please?
A. Isaac E. Waller.
Q. Are you presently employed by OCCWC?
A. That is right.
Q. And in what capacity?
A. As a research analyst; Ministry Division.
Q. Are you conversant and "expert with the English and German languages?
A. Yes.
Q. Do you have a file before you, that is with you on the witness stand, that came from the Nurnberg Furth office of the Gustapo?
A. That is right.
Q. I ask you whether it was from that file that the pictures arc taken which you have certified to in the exhibit before you?
A. That is right.
Q. In what city were those pictures taken?
A. These pictures were taken at Wurzburg, the Capital of Main Franken.
Q. If you will let me get my photostats in order with your pictures -- excuse me. Witness, does the file which you have further identify these pictures as the occasions which they are taken to depict, does the file refer to the pictures as being taken in connection with some particular operation?
A. Well I could say that all of those people who are marching in those pictures wear the Jewish stars.
Q. During what year or years were these pictures taken? Does the file show?
A. The file shows that these pictures have been taken during the years from 1941 up to 1943.
Q. From the original which you have before you, -- are you acquainted with the City of Wurzburg?
A. I know some parts of it.
Q. Did you know it before the war?
A. Yes.
Q. Are these pictures taken on prominent streets of the city of Wurzburg, the first that has six pictures on it?
A. All I can say about this is that the parks show that it is Wurzburg, the background.
Q. Public streets in the city of Wurzburg?
A. That is right.
Q. Can you read the translation in English, the German which is written with reference to these pictures; do you still have them in the order in which I gave them to you?
A. Yes.
Q. Perhaps it would assist the Tribunal to see mine so that they may be in the same order, since they are all part of one exhibit. The top one I have on top the witness has on top and will testify about first, Your Honor.
THE PRESIDENT: Go ahead.
BY MR. LA FOLLETTE:
Q. All right; the first writing on the first page at the top is Wurzburg, just at the very top of the page?
A. Right here you mean?
Q. Way up at the very top, what does it state?
A. No, it says; the top says: Evacuation of the Children of Israel.
Q. All right.
A. Of the beautiful Wurzburg.
Q. That is the writing on the first page?
A. That is right.
Q. Now turning that over to the second page, there is no writing on that?
A. That is right.
Q. And the third page, there is no writing on that, but the fourth page, there is writing on that, what does that say?
A. I had better read it in German, because it had more meaning.
Q. All right.
A. On the occasion of the loading of the baggage it is necessary that - in quotation marks "our people" again have to work hard, ---a passage from a German song - that I have to leave this fair city.
Q. In that file also do you find a letter addressed or rather bearing the stamp of the secret state police on the letterhead of the steering wheel works of Aschaffenberg?
A Yes.
Q. Here are translations. There are German for the German Court Reporters end Translators and here are the English. I am sorry, the English is for the Court Reporters, I will have the witness read and it will be translated. I do not have copies for the Tribunal, two of them are for the Court Reporters. Now I am referring to a letter dated the 26th of March 1942. Will you read that letter in German slowly?
Q. Will you read that letter slowly in German, please, of the Steering Wheel Works?
A. Yes. "Stamp: Secret State Police, State Police Branch Office, Wuerzburg. Rec: 27 March 1942. Sect: II B.
"Steering Wheel Works Gustav Petrv, Aschaffenburg.
G I S T A P O 26 March 1942.
WURZBURG We hear that part of the Jews will be taken away.
Among others the following are employed by us now:
Strauss, Otto Israel since 20 October, 1941.
Goldschmitt, Emil Israel Since 19 January 1942.
Solinger, Siegfried Israel Since 20 October 1941.
These Jews are employed by us as laborers and we are satisfied with their work. Should we have to part with these 3 Jews, we should have to have other workers in their place, which presents many difficulties today, since many members of our working association have been taken away from us on account of the Wehrmacht's draft.
We request therefore to let these 3 Jews stay with us.
We are a factory of war-economic importance.
Heil Hitler STERING WHEEL WORKS GUSTAV PETRI Signed:
Schirmann Factory-Leader.
Those three Jews are from Aschaffenburg. Wuerzburg 27 March 1942. State Police Branch Office B. Nr. II B. 4 - Voe/Fro.
1. The request cannot be granted.
2. To be filed under: Evacuation of Jews.
By Order signed:
Voeikl.
Thank you. May I ask you what was the date of that letter again. I did not hear you read it.
A. Of what?
Q. Of that letter?
A. 26 March 1942.
Q. Thank you. Will you look for the letter from Hammelburg, Signed, Valentin Wehner, Pottery-Master. Now will you give two to the Court and one to the reporter, and one to the interpreter, that is the English translation, and then come back and I will give you the German (to the messenger). I don't have them. I will try to read them into the record, and I am sorry but I am trying to save time. Now will you read that letter please?
A. First, I would like to say that this letter has a stamp of the Landrat of Hammelhurg, and it states that the Landrat of The County Councillor of the County of Hammelburg received it on 8 February 1942 as No. 620. Enclosure, none.
"The County Councillor's Office, Hammelhurg.
Ref: Jewish Workers:
In my establishment I employ 3 Jewish workers. Karl and Justin Adler and Felix Schiff. They inform me that Jews will he deported soon.
In my establishment were received, large orders of pats for the purpose of planting spring vegetables which must urgently he delivered for the coming spring. It can he proven that my establishment has to deliver 150,000 pieces of clay pots.
According to written instructions of the Reichs-Trade-Association (Reichsinnungsverband,) there are to be manufactured 16 million liters of pots for fruit preserves, which of course have to he made by hand by means of the potter's wheel.
Next to my 3 sons there were also 3 regular workers who have been drafted into the army. I myself am 67 years old and require the Jewish workers for the completion and delivery of the pots until the time when I shall receive substitute workers.
"The Jew Adler is working for me since the beginning of the war. He has done highly satisfactory work and developed into an expert worker.
He understands the Oven. It will be difficult to obtain a substitute during the war time. For that reason, if it is possible, I request permission to keep the Jewish workers until the completion of the most urgent orders, and until I have received substitute workers.
In case further papers are needed from me, I shall furnish the same.
An answer is requested.
Heil Hitler Signed:
Valentin Wehner, PotteryMaster.
Nr. 620.
Ref: Seizure of Jews. (stamp) Secret State Police State-Police Branch Wuerzburg Rec:
11 Feb. 1942 Sect: IIB.
The Secret State Police-Branch Office Wuerzburg in Wuerzburg. presented in reference to Radiogram of 6 Feb. 42. B No. 2175-42.
For the purpose of keeping the pottery establishment in existences it is requested to keep the Jews in the establishment.
How the Jews got the information of the steps to be taken (against them) is not known here.
Hammelburg 10 Feb. 1912 The County Councillor (signature illegible) Gestapo Branch Office 2 B 24 2175/42.
Voe/Fro. Wuerzburg 27 March 1942.
1. Request can not be granted.
2. To be filed under: Evacuation of Jews.
By Order.
Signed:
Voelkl
Q. Do you find a letter on file from Massbach dated 25 March 1942?
A. Yes.
Q. Addressed to The Chamber of Industry and Commerce of Wuerzburg?
A. That is right.
Q. Will you read that letter, please?
A. "Friedrich Dittmar Massbach 25 March 1943.
From and Coal Dealer.
COPY To: The Chamber of Industry & Commerce, Wuerzburg.
Ref: Evacuation of my worker Albert Israel Heinemann of Poppenlauer.
In place of my worker drafted on 16 January 1942, the Labor Office has furnished me the above Jew. Another worker can not be furnished by this office so that I am dependant upon this worker. It is known to me, that Heinemann also will be taken away, and I request you to prevent this if possible until a later time.
I have only this one worker who has to take care of the rapid emptying of the coal cars. My sale of coal amounts to about 1000 Tone, which I have to deliver to 426 homes and businesses. A farmer who occasionally runs a car takes care of the transportation, for the leading and unloading I must furnish a worker. There is no shipping firm here. Beside the coal business I sell also iron, agricultural machinery, iron goods and tools to farmers, and trade people who work for farms to the extent of 50 to 60,000 Reichs-Mark.
In case it is necessary the Local Economic Office could certify the necessity of my business in regard to the distribution of coal.
Heil Hitler!
signed: F. Dittmar.
Wuerzburg 27 March 1942.
State Police Branch Office B No. II B 4 - Voe?Fro.
1. The request can not be granted.
2. To be filed under: Evacuation of Jews.
By Order signed:
Voelkl" Voilkl
Q. All of those letters are in the file you have before you?
A. Yes.
Q. Will you tell the Tribunal how far from Wuerzburg and in which direction each of the three cities are from which these letters came?
A. In general I should say these three different cities, Aschaffenburg, Hammelburg, and Massbach, which is only a small town, are at a distance of a radius of eighty -- eighty to one-hundred kilometers from Wuerzburg.
Q. In different directions?
A. In different directions, north, west, and a little bit northwest.
Q. Now do you find in that file a command from the Armament District of Wuerxburg, dated 4/4/42, in reference to evacuation of Jews, and as to the State Police -- the Secret State Police?
A. That is right, sir.
Q. Referring to the meeting of the secretaries of State on 20 January 1942?
A. That is right.
Q Will you -
A May I make a statement before?
Q Yes will you describe what that letter is about?
A Well, the court patient; when I read off a lot of numbers, which this letter refers to -
Q Do the numbers refer to legal regulations and other matters?
A These references refer to letters which this office received from the OKW, and a situation report from the labor office of Wuerzburg.
Q With that explanation, unless it is later challenged - you might keep your letter before you. Perhaps you can skip that; read the date, the heading and over to the address.
A O.X.?
Q Yes.
A "The Command of Armament District, Wuerzburg, Secret. Wuerzburg 4 April, 1942: Re. Evacuation of Jews. To: The Secret State Police, State Police Office, Nurnberg. Branch Office, Wuerzburg. Wuerzburg, Ludwigstrasse 2.
In reference to the OKW Order mention in (1) a copy of the announcement made by the Reichs Marshal of the Greater German Reich in reference to the mobilization of the Jews for work is herewith submitted.
"According to the presently enforced instructions and statements, which SS Lt. General Heydrich issued at a conference of the Secretaries of State on the 20th January 1942, Jews who are employed in a war-important plant will on principle and until further notice no longer be evacuated.
"The Labor Office in reference to the situation report mentioned under (2) states that four or five Jews who were employed by the firm of Fichtel and Sachs, Iron Foundry, had been evacuated.
"It is requested that you get in touch with the Command of the Armament District and the Labor Office concerned before further deportations of Jews employed in armament and war factories take place.
"The Commander of the Armament District Wuerzburg; by order: Heinrich; signed Heinrich, Major; Indorsement; State Police Branch Office, B No. II B 4 - VOE/Fro; Wuerzburg, 10 April 1942.
"1. Acknowledge.
"2. To be filed under: Evacuation of Jews from Mainfranken.
By order, signed: Voelkl."
Q Do you find in this same file an official doctor's certificate dated 23 March, 1942?
A Yes.
Q And pertaining to Stefan Israel Loebhardt?
A That is right.
Q Will you read that letter including the person to whom it is addressed, and disposition of it, will you?
A May I first make a remark?
Q Yes.
A On the top of the letter in pencil there is the following: ?"To be taken along."
"State Health Office, Gerolzhofen. Gerolzhofen, 28th March, 1942. Official Doctor's Certificate, made out for Stefan Israel Loebhardt, born 17.8.1897, living at Gerolzhofen, Marktplatz 131.
"At the request of the District Office in Bavaria of the Reichs Association of Jews the above has been examined by me today.
"The 44 year old man is in a lowered general condition and suffers from symptoms of paralysis of the left arm: of the left leg, and of the face, as a result of an injury received during birth. In addition he suffers from a traumatic epilepsy incurred as a result of an accident in the year 1937. The attacks occur again frequently in recent times. The last attack took place this morning. Two tongue bite wounds are traceable.
"The examined person is not fit for evacuation which is expected to take at least three or four days by railroad. The transportation would only be possible if a special compartment, with a medical aid man, could be placed at the disposal since during the train ride, epileptic attacks have to be expected.
Signed: Dr. Damacko, Medical Councillor, Medizinalrat." There is also the stamp: "State Health Office, Gerolzhofen."
"State Police - Branch Office, B No. II B 4 VOE/Fro; Wuerzburg, 1 April 1942.
"1st. Per telephone conversation with the County Councillor of Gerolzhofen, the Jew Stefan Israel Loebhardt is fit for evacuation. According to his opinion he can even work yet. L. is therefore to be evacuated.
"2nd. To be filed under: Evacuation of Jews from Mainfranken.
By order, signed: Voelkl."
Q Will you tell the Tribunal where Gerolzhofen is with reference to Wuerzburg and these other three cities?
A South of Wuerzburg, I believe; about forty or fifty kilometers.
Q Now, do you find in this file a letter from a Ukraine citizen wanting a rucksack?
A Yes.
Q What is the date of that?
A Just a moment, sir. The date is the 23rd - 4 - 1942.
Q Just a minute; will you make distribution of this, please. All rights will you read it please? Have you any comment to make on this letter?
A There is a stamp on top, "Secret State Police, State Police Branch Office, Wuerzburg; Received 24 April, 1942, Department II B;" and below the letter are stenographic notes in German stenography as follows: "Summoned Monday, 4th May 1942, at ten o'clock."
Q In checking those, were they read to you by a German expert in German shorthand?
A That is right
Q And you wrote them down just as they were read?
A Yes. In fact, 4 May, ten o'clock was written in longhand.
Q Yes, thank you. Now, will you read the rest of the letter; the matter at the bottom also.
A OK.
Q Yes.
A. "To Higher Authorities of the State Police. As a collaborator and fellow-member of the party movement, I take the liberty to lodge with you the request whether it would not be possible to obtain for myself a knap-sack at the time of the evacuation of the Jews at appraised cost price. I am in possession of an urgent ration ticket for this item. Even the largest firms of the Reich are not in a position to fill the order of a knap-sack placed by a local firm. I should be delighted to be able to look forward to a favorable answer.
"For your troubles, thank you in advance. Heil Hitler. Signed: Popp Ernst, Wuerzburg, Woellergasse 24.
"State Police Branch Office, B No. II B 4 VOE/Fro; Wuerzburg, 5th April, 1942.
"1st. Popp has been informed to go to Finance Office Wurzburg in order to buy a rucksack.
"2nd. To be filed under: Evacuation of Jews (25 April, 1942) ; by order, signed: Voelkl."
Q Now I ask you, do you find in that file a final report dated 6 August, '43?
A Yes.
Q Have you got the original before you?
A That is right.
Q And will you read the date again? Did. I mis-state it?
A The 6th of August, 1943.
Q Thank you. Will you please read it?
A "Secret State Police; State Police Main Office, Numberg-Fuerth, Branch Office Wuerzburg. FRO.
"1. Final Report, based on the decree of the Reichs Security Main Office, RSHA, of 2l/5/l943-B, No. IV-B-4-a- 2093/42g (391).
"Sixty-four Jews from Wuerzburg have been evacuated on 17 June 1943. Seven of these Jews were transferred to Theresienstadt; the remaining 57 Jews have been evacuated to the East. With this last transport all the Jews who had to be evacuated according to instructions issued have left Mainfranken as follows (here are only the Jewith mixed marriage partners and Jews who adopted the Christian faith) -
"On 27 November 1941, to the East, 202 persons, first transport.
"On 24 March 1942, to the East, 208 persons, second transport.
"On 25 April 1942, to the East, 850 persons, third transport.
"On 10 September l942, to Theresienstadt, 177 persons, fourth transport.
"On 23 September 1942, to Theresienstadt, 562 persons, fifth transport.
"On 17 June 1943, to Theresienstadt, 7 persons, sixth transport.
"So that, totally, 2,063 Jews from Mainfranken were evacuated. The furniture, the clothing and the laundry items left by the Jews were given to the Finance Offices of Mainfranken (mainly to the Main Finance Office at Wuerzburg, and during the first transports to the Chief Finance President at Wuerzburg) and turned into cash by them. The confiscated articles and items of clothing have been turned over to the Finance Office at Wuerzburg after each evacuation and have been utilized by that office.
(See recepts in each of the evacuation filed) The secured labor certificates, the insurance cards as well as the collection books belonging therewith have been forwarded to the concerned. Everything else can be seen from each of the evacuation files.
"2. To be filed under: Evacuation of Jews from Wuerzburg on 17 June 1943. By Order: Signed, Voelkl."
" Returning to these pictures a minute, which you have identified in Prosecution Exhibit 2421, are those pictures, from your knowledge and study of the subject, taken of transports of Jews, what were called transports?
A That is perfectly right.
Q And do you find -
A I can show the Court more pictures, if they wish.
A You have more in there of the same kind?
A If the Court would like to see them.
Q Just tell us how many more of this same type of picture there are in there.
A There are exactly 24 more pages like this (illustrating).
A Each containing from four to six pictures?
A That is right.
A Do you see civilians other than Jews?
A That is right.
Q Standing, observing these things?
A Yes.
A In the streets?
A Yes.
A Did you personally know -
A Right here (illustrating) you can see German civilians, and right here (illustrating).
Q The last picture you pointed to was the lower one of three, page three?
A The upper one on the first page.
Q The upper one on the first page, upper left?
A The two top ones here (illustrating). In fact, all three of them.
Q That is the one that has three, two on the top and one on the bottom?
A That is right.
Q Now -
A Right here (illustrating), here, here, here, and here too.
Q Now, let me ask you one final question. Did you know any of these people that were transported to the East?
A That is right.
Q About how many did you, to your personal knowledge, know?
A I should say at least fifty to sixty people.
Q And how many of those came back alive, to your knowledge?
A None that I know of.
Q Now, do you know a Miss Lipton, who is also employed in OCC?
A That is right; she worked with me.
Q Did you discuss this file of the Wuerzburg evacuations with her or in her presence?
A In fact, I got part of it from her.
Q Did she have another file of a similar character there, and where from?
AAfter we found this file she came up to me, during the afternoon of the same day when we found this, and pointed out to me that she had found Gestapo files of the same character from the Gestapo of Cologne.
Q Did you look through the file, make casual notes?
A I examined the file.
Q I will ask you whether you found letters from employers there similar to those that you read.
A I found similar letters in there. In fact -
Q Did you find pictures similar to these pictures?
A I couldn't say that; I couldn't say that. I went very hurriedly through it. However, I saw the same instructions given by the Reichssicherheitshauptamt to the Gestapo Cologne. In fact, they were the same.
Q As in this file?
AAs in the Nuernberg-Wuerzburg file.
Q The one which you read into evidence?
A That is right.
Q And that referred, of course, to the State Secretaries' meeting of 20 January 1942?
A That is right, May I shy another thing?
Q Yes.
AAs far as these files are concerned, the Reichssicherheitshauptamt was the central place where these instructions were forwarded to the lower level of the Reich.
Q Yes, the instructions that you read as being addressed to Wuerzburg?
A That is right.
Q Now, let me ask you one thing more. That is a file which was found here as a captured document, is that correct?
A That is correct.
Q I shan't ask you to read them, but will you tell the Tribunal how many letters of a similar character - those that you read from the manufacturers asking that Jews be deferred - are in that Wuerzburg file, approximately?
A There are about ten more, at least.
Q All right. And may I ask you, with reference to the towns from which they come, are they the same towns that those are from, or other towns?
A No, no. There is one more from Aschaffenburg, but the rest of them are from the district of Wuerzburg.
Q From your knowledge of that country, approximately how far is that from Wuerzburg?
A Fifty to sixty kilometers, even nearer than that.
Q Yes.
MR. LA FOLLETTE: I have no further questions.
THE PRESIDENT: It appears that there will not be time to proceed with the cross examination this afternoon.
Wow, with reference to proceedings on Monday, I presume it would be more orderly to complete the examination of this witness, after which we will expect all defense counsel to be prepared, in suchorder as they may arrange among themselves, to present and examine all witnesses whom they have and who are available or can be made available at that time and during the following periods.
DR. SCHILF: May it please the Tribunal, I should like to be permitted to offer an apology because I failed to be here on time this afternoon. I had made an agreement with the gentlemen of the prosecution, or I believed that I had made an agreement, that it would not be necessary for me to appear at that time. However, because the examination of witnesses proceeded very quickly, I was late, and I beg to be excused.
THE PRESIDENT: We will consider only the plans for the future, and the Tribunal, I hope, has made it clear that we expect counsel to be ready.
We will recess until Monday morning at 9:30.
(At 1630 hours, 19 September 1947 , a recess was taken until 0930 hours, Monday 22 September 1947.)
OFFICIAL TRANSCRIPT OF MILITARY TRIBUNAL III IN THE MATTER OF THE UNITED STATES OF AMERICA AGAINST JOSEF ALSTOETTER, ET AL, DEFENDANTS, SITTING AT NURNBERG, GERMANY, on 22 September, 1947 - 09301630 - The Honorable James T. Brand, presiding.
THE MARSHAL: 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 ascertain if the defendants are all present?
THE MARSHAL: May it please Your Honor, all the defendants are present in the court.
THE PRESIDENT: Let a notation be made.
Had you finished with the direct examination, Mr. LaFollette?
MR. LA FOLLETTE: Yes, Your Honor, I would only like to be sure of one thing. I identified NG 2421 as Exhibit 600. I am not sure *** whether your Honor's record shows it was received.
THE PRESIDENT: Exhibit 600 was received.
MR. LA FOLLETTE: I have concluded the direct examination.
THE PRESIDENT: There are some identified but unreceived exhibits. I presume you know that?
MR. LA FOLLETTE: Yes, Your Honor, after the cross examination of this witness I would like to offer those, I have about four.
THE PRESIDENT: Is there cross examination of this witness? There appears to be no cross examination. The witness is excused.
MR. LA FOLLETTE: If your Honor please, our records show that NG 2122 was identified as Prosecution Exhibit 549. I now formally offer the exhibit.
THE PRESIDENT: Just a moment.
MR. LA FOLLETTE: Yes, Your Honors. It was offered during the cross examination of the defendant Joel, Your Honor.
THE PRESIDENT: That was the efficiency report of Joel, Exhibit 549?
MR. LA FOLLETTE: Yes, Your Honor.
THE PRESIDENT: What is the document number?
MR. LAFOLLETTE:NG 2122.
THE PRESIDENT: The exhibit is received.
MR. LA FOLLETTE: I have the German and English here for distribution. NG 2124 was identified as Prosecution Exhibit 550.
THE PRESIDENT: It is received in evidence.
MR. LA FOLLETTE: I have that in German and English. Dr. Koessl is in the court room. I was informed that he had withdrawn his objection to Exhibit 579, NG 2332. If that information is correct, I will offer it.
THE PRESIDENT: Just a moment, please.
MR. LA FOLLETTE: Yes, Your Honor.
THE PRESIDENT: That was NG 2332?
MR. LA FOLLETTE: Yes, Your Honor. May I make inquiry, just a minute, I would like to inquire of Dr. Koessl whether or not he would feel obliged to call this affiant for cross examination if the affidavit is admitted. If he would, then I shall not offer it. I understood he agreed it might be offered but I don't know whether there was a condition attached that he would want to cross examine. If that is the condition under which it is offered, I shall not formally offer it.
DR. KOESSL: I wish to withdraw my objection to the Oppenheim affidavit. There are no conditions I wish to make.
THE PRESIDENT: You will not require that he be produced for cross examination?
DR. KOESSL: No.
THE PRESIDENT: Very well, thank you doctor. It will he received in evidence - 579.
MR. LA FOLLETTE: Now, if your Honors are ready, document 3757 PS was identified as Exhibit 564, during the cross examination of the defendant Barnickel. Originally the German mimeograph was incorrect. That has now been corrected and I have it available for distribution and I now offer on behalf of the Prosecution Exhibit 564.