It was not talked about. I did not know that there were daily gassings all the time.
Q. Do you remember if you had a good meal there at Auschwitz?
THE PRESIDENT: Recess.
THE MARSHAL: This Tribunal is in recess for fifteen minutes.
(Access was taken.)
THE MARSHAL: Tribunal II is again in session.
BY MR. ROBBINS:
Q. Witness, for what reason did you go to Auschwitz on the 23rd of September 1942? Do you remember now why you went there?
A. I'm quite sure that I didn't go for the gassing.
Q. I didn't ask you what you did not go for; I am asking you what you did go for.
A. For the reasons I usually visited the concentration camps. Most of the time they were managerial questions and construction questions. I cannot recall that there were any particular reasons in 1942 why I should have gone there.
Q. Did you see the defendant Sommer while you were there?
A. No, I can't recall that Sommer was with me or alone in Auschwitz in 1942.
Q. You don't remember whether you saw Sommer on that day or not?
A. No.
Q. You still maintain that you heard nothing about the mass extermination of Jews before October 1943?
A. Well, so far we have been speaking about Lublin. As to man extermination in Auschwitz.......
Q. no, we were talking about the extermination of Jews. We weren't talking about any particular place. I asked you if you still maintained that you heard nothing about the mass extermination of Jews before October 1943.
A. Up to that date it was not known to me that there was an extermination plan by the Reichsregierung, nor did I know to what extent Jews were being exterminated. I received no evidence to that effect.
Q. I'll show you another document which I think will refresh your recollection a good deal.
THE PRESIDENT: Meanwhile, Mr. Robbins, do you have a translation of the diary to which you were referring?
MR. ROBBINS: I have only one copy, your Honor. That is being made.
THE PRESIDENT: All right.
THE TRIBUNAL (JUDGE PHILLIPS): For identification what are you going to number this?
MR. ROBBINS: This will be 536. This is Document 4045-PS. It was an exhibit in the International Military Tribunal and was used in evidence in that case, presented by the prosecution for the Government of Great Britain as GB Exhibit 549, presented to that Tribunal on the 5th of August 1945.
Q. I should like to read a part of this to you, witness, and see if this doesn't help your memory somewhat. I will begin with the second paragraph. First I should state for the record that this is an affidavit of the defendant Oswald Pohl, sworn to on the 15th of July 1946 before Dr. Robert M. W. Kempner, who is one of the Division Chiefs of OCCWC, and Walter H. Rapp, who is head of the Evidence Division of OCCWC, and a third person.
"2. Through my activity as Chief of the WVHA I remember clearly two large business deals between my office and the Reich Ministry of Economics and the Reich Bank of Mr. Walter Funk." I might say this was used in evidence against Funk. "One deal concerned textiles from persons killed in concentration camps. In this connection Himmler endeavored to procure through Reich Economics Minister Walter Funk a higher allotment for the SS in the uniform material distribution. The other business deal concerned the business connection of my office with the Reich Bank President, Walter Funk, and the Reich Bank with regard to jewelry, rings, gold teeth, foreign exchange and other articles of value from the possessions of people, particularly Jews, who had been killed in concentration camps.
"3. The connection of my office with the Reich Bank with regard to textiles of persons who had been killed in concentration camps was instituted in the year 1941 or 1942. At that time I received the order from the Reichsfuehrer-SS and the German Police, Heinrich Himmler, who was my chief, to get in touch with the Reich Economics Minister, Walter Funk, to obtain a higher allotment of textiles for SS uniforms. Himmler instructed me to demand from Funk that we receive privileged treatment. The Ministry of Economics was receiving from the concentration camps a large amount of textiles delivered. These textiles had been collected in the extermination camp Auschwitz and other extermination camps, and then delivered to the proper office for used textiles.
"4. As a result of this order received from my superior, Himmler, I visited the Reich Economics Minister, Funk, in his offices. I waited only a short while in his ante-room and then met him alone in his office. I informed Funk of my instructions that I was to ask him for more textiles for Waffen-SS uniforms, as we could deliver so many old textiles from the actions against Jews. I told him that we required these textiles for the Waffen-SS. The meeting lasted around ten minutes." I particularly emphasize the next sentence of the affidavit. "It was openly discussed that we earned perhaps privileged treatment on account of the delivery of old clothes from dead Jews. It was a friendly conversation between Funk and myself and he said to me that he would settle the matter favorable with the gentlemen concerned.
How the subsequent settlement between Funk and his subordinates and my subordinates was handled in detail I do not know.
"5. The second business deal between Walter Funk and the SS concerned the delivery of articles of value of dead Jews to the Reich Bank." I emphasize the next sentence. "It was in the year 1941 or 1942 after larger quantities of articles of value, such as jewelry, gold rings, gold fillings, spectacles, gold watches and such had been collected in the extermination camps." I skip down two or three sentences. "In this conversation no doubt remained that the objects to be delivered were the jewelry and valuables of concentration camp inmates, especially of Jews, who had been killed in extermination camps. The objects in question were rings, watches, eye glasses, gold bars, wedding rings, broaches, pins, frames of glasses, foreign currency, and other valuables. Further discussions concerning the delivery of these objects took place between my subordinates and Puhl and other gentlemen of the Reichsbank. It was a giant quantity of valuables, since the delivery continued for months and years.
"A part of these valuables of people killed in death camps I saw myself when Reichsbank President Funk and Vice President Puhl invited us to an inspection of the Reichsbank vaults and subsequently to dinner. I don't remember exactly whether this was in 1941 or in 1942 but I do remember that I already knew Funk personally at that time from the textile industry, as I have described above. Vice President Puhl and several other gentlemen of my staff went to the vaults of the Reichsbank. Puhl himself led us on this occasion and showed us gold bars and other valuable possessions of the Reichsbank. I remember exactly that various trunks of objects from concentration camps were opened. At this time Puhl or Waldhecker, who accompanied him, stated in my presence and in the presence of the gentlemen of my staff that a part of these valuables had been delivered by our office.
"After we had inspected the various valuables in the vaults of the Reichsbahk, we went upstairs to a room in order to have dinner with Reichsbahk President Funk; this had been arranged for the time following the inspection. Besides Funk and Puhl the gentlemen of my staff were present; we were about 10 to 12 persons. I sat beside Funk and we talked among other things about the valuables which I had seen in his vaults. On this occasion it was clearly stated that a part of the valuables which we had seen came from concentration camps."
Q. I am not asking you any questions about this document, witness. I would like next to ask you if-
THE WITNESS: But I would like to say something about this.
MR. ROBBINS: But I don't care to have any comment on it now whatever.
THE PRESIDENT: Your own counsel will give you that opportunity later, witness.
MR. ROBBINS: The document obviously speaks for itself.
BY MR. ROBBINS:
Q. I would like to ask you next, on the night of 6 February 1943 is it true that the defendant Hohberg stated in a letter that he had turned over all of his auditors to to Globocnik for use in auditing "Action Reinhardt". You remember the letter, do you not? It is in Document Book 18, and it is Exhibit No. 390, the letter of Hohberg's. I think I can read it to refresh your recollection. It is the letter that Hohberg wrote to Bobermin, in which Hohberg had requested auditors, and Bobermin wrote back he had no auditors because they had all been sent to Globocnik for use in a special task in the East. That is in the document. I want to ask you this. Is it true that Hohberg and Bobermin were completely informed about the "Action Reinhardt" and of what was going on in the East, and took part in the auditing of those funds?
A. I think it is impossible. I would like to see that document to which you are referring. I mean the letter from Hohberg to Bobermin. I would like to read it before.
Q. It is on page 111 of your book, Book 18, page 88 of the English book, Exhibit 390.
A. 319?
Q. It is Document NO-1005 on page 111.
A. However, that is not in Document Book 18. In which book is it?
JUDGE MUSMANNO: It is in Book 16.
MR. ROBBINS. In my document book it is 18. It is NO-1005.
THE PRESIDENT: I don't have it in here.
BY MR. ROBBINS:
Q. It says, "I am extremely sorry that my reply has to be in the negative. All available auditors who have not already been conscripted into the army, or sent to other places of duty, are earmarked for a special task to be carried out at Lublin under the direction of SS-Brigadefuehrer Globocnik and SS-Obersturmfuehrer Dr. Horn." Hohberg sent his auditors out there to help him in this enterprise didn't he?
A. No, Hohberg had nothing to do with the auditing. The first checking was carried out in June, 1943, by Vogt.
Q. That is the defendant Vogt?
A. Yes. This report here of 9 February 1943 according to my opinion can only refer to the transfer of Horn or to the examination of the wage scale which was to be carried out at the time, but I don't know for sure for 9 February 1943 there was no question of checking Action Reinhardt. The first check took place in June, 1943, and Hohberg did not know anything about it.
Q. On the night of 9 February 1943 Globocnik was engaged in confiscating property in the East. Were these auditors sent out there to help Globocnik? Moreover it says in the letter--
A. I did not know that any auditors were there. According to my recollection this was an establishment of the OSTI, which took place around the same time.
Q. The OSTI handled the valuables collected from Action Reinhardt.
The OSTI was in the central part of Action Reinhardt?
A. No, the OSTI had nothing to do with Action Reinhardt directly. The OSTI was a consolidation of the enterprises established by Globocnik in a commercial form, for they had been operated before on a monopoly basis, and the foundation of OSTI took place almost exactly at the same time. Horn had been transferred for this purpose to Lublin for the establishment of OSTI. Until that time he had been an auditor of Hohberg, I believe.
Q. Maybe I can get at the point a little faster. It is true, isn't it, that all of your office chiefs knew about Action Reinhardt and knew what was taking place, and they were giving their support to the WVHA after that date?
A. No, that is not correct.
Q. But they knew about it, didn't they?
A. That all of my Amt chiefs knew of the Action Reinhardt is impossible. It could not possibly be correct because of the secrecy. Only Melmer knew of Action Reinhardt, and Frank was the one who wrote up the regulations about it, or directives, but I know of no one else that had participated in the Action Reinhardt.
Q. And that was because of the secrecy regulation that nobody knew about it?
A. Yes, it was kept very secret. It also occurred to me, after the first half of 1943, I wanted to transfer Wippert. That is -the personnel office wanted it -
Q. Excuse me, you answered the question.
A. Well, I just wanted to tell you something about the secrecy order.
Q. I would like to read to you from an interrogation of yourself which took place after you were captured. You were asked this question "Then Kalterbrunner had told the Tribunal there were only a handful of people in the RSHA who had any control and who knew anything about concentration camps." This was your answer: "Well, that is complete nonsense. I described to you how these were handled in the RSHA, as for instance, in the case of the use of textiles and the turning in of valuables, and also from Gluecks and Loerner right on down to the last little clerk, they all must have known what went on in the concentration camps, and it is complete nonsense for him to speak of just a handful of men." You gave that answer to the question, didn't you?
A. When was that supposed to be, Mr. Prosecutor?
Q. That was shortly after you were captured in 1946.
A. Yes. Well, on that occasion I may tell this Tribunal under what circumstances such statements were made. At that time I was arrested and on that evening -- this is important here -
Q. Excuse me, excuse me, just a moment, just a moment. I didn't ask you for that answer. I asked you if you made the answer to the question. If you want to bring out anything about the circumstances of the interrogation, your attorney can do that. I don't want the answer on that. I just want to know if this was your answer.
A. Well, if I signed it that is probably the answer.
DR. HOFFMAN: (For Defendant Scheide) Just a moment. This statement that was made now is one of the heaviest ever made, namely, when the defendant said that everyone of these defendants should have known about the Action Reinhard. Therefore, I would appreciate it if the Prosecution could possibly give us, the German defense counsel, this interrogation so that we can probably get statements about this. I would appreciate it if the question be not permitted unless we have the copy of those interrogations.
THE PRESIDENT: What you want, Dr. Hoffman, is a copy of the interrogation?
DR. HOFFMAN: Yes.
MR. ROBBINS: Well, your Honor, I will supply copies of these various interrogations. I think this is a rather fundamental question and certainly goes to the heart of the problem we have debated with defense counsel for a long time. I will give him a certified copy of the part that I have read and the part that pertains to this subject if that will satisfy the counsel.
THE PRESIDENT: Is it a lengthy interrogation?
MR. ROBBINS: Yes, it is, but I have no objection, without prejudicing my rights to object on further interrogations, of supplying a copy of what we have.
DR. HOFFMAN: Your Honor, I understood it very well when you said yesterday that the Prosecution could not probably know in advance and in part what they need in order to refresh the defendant's memory. However, I believe that such important documents as this one here, that is, which are decisive for all the defendants, the Prosecution can also prepare it in such manner that we receive copies about this matter in advance. I have to know when this interrogation of the defendant took place. I must also know by whom he was interrogated and if it was hold before an interrogator who was permitted to do so, an interrogator that was permitted to take such statements. All those questions are things which I would like to strike now during the cross-examination, not later on.
THE PRESIDENT: You see your question, Mr. Robbins, does not reveal to whom these answers were made, not the date, not the place.
MR. ROBBINS: That is perfectly true.
THE PRESIDENT: I think counsel are entitled to know that at least, and also to have a translation of any part of the interrogatory that you use or any that you propose to use in connection with this particular inquiry. I don't mean the whole interrogatory, but any part of it that you intend to make a point of. They should be supplied with a translation of that part.
MR. ROBBINS: Very well, your Honor.
Q. (By Mr. Robbins) Now, in July, 1943, after this knowledge had come to you, whatever such as it was, you recommended to Himmler that the so-called transient camp of Sobidor in the Lublin District should not be transformed into a concentration camp. Do you recall that Himmler had already given instructions to have the transient camp converted into a concentration camp, and you and Globocnik persuaded Himmler not to turn the camp into a concentration camp but leave it as a transient camp. You know, don't you, that the reason that it was left as a transient camp, and the reason it is called a transient camp was that that is the place where thousands and thousands of Jews were gassed? They came there in transit to their death. That is a fact, isn't it?
A. That was unknown to me, absolutely unknown. From the letter, or rather from Himmler's order I deducted the fact that that was a camp where he wanted to install a special installation. I did not see it myself and I had no knowledge of what was going on in there, and I simply relied on the facts which Globocnik told me, and that was my statement which I made to Himmler without even knowing the conditions myself. I hear of this for the first time, that that was an extermination camp.
Q. You know today that Sobibor was an extermination camp, don't you?
A. I still don't know it today. I hear it, but I don't know it. Of my own knowledge it was unknown to me.
Q. You read that, didn't you, in the report of the Polish Government, the official report, that thousands of Jews were gassed at Sobidor?
THE PRESIDENT: The witness says he has heard about it but he does not know of it of his own knowledge. He wasn't there.
Q. (By Mr. Robbins) You don't really have any doubts about it, do you?
A. Well, I did not see it myself. I heard it here. Well, I can still have doubts just as I used to have before. Of course I can. I don't know what occurred there, and I also assumed -
Q. Let's inquire for a moment into your activities after October '43, which is the date you admitted that you heard about the official policy of the Reich to exterminate the Jews from Himmler at Posen. The Prosecution has charged that you took an intimate part in the extermination of the Jews up to that date, and you became a principal in the murder of thousands and thousands of people. It is true, isn't it, that in June of 1944 you arranged for the construction of three barracks for special actions, the construction of three barracks in Auschwitz where the Jews were to be exterminated? Do you recall that?
A. I never thought that the barracks were being built in order to exterminate the Jews. I have repeatedly stated here that the camps of Birkenau and Auschwitz had to be expanded more and more because there wasn't enough space in them. In other words, if Jews were exterminated to such an extent as you say then there would have been more room in there, but they could not even keep up with the construction work, with the number of Jews coming in.
Q. Do you stand on the statement when you had the barracks constructed at Auschwitz sometime after 16 of June, 1944, that you did not know that they were for the extermination of Jews?
A. The barracks were not established after the 16th of June, 1944, but as I repeatedly stated that barracks were being built constantly in Auschwitz because they could not possibly keep up with the number of Jews coming in, and I saw the barracks myself and I convinced myself that they had been used as living barracks, and I saw no extermination chamber.
Q. I will show you a document which will help your memory in that respect, but before I do let me ask you if it is not also true that you arranged for the camouflage of the crematory for security measures at Auschwitz? You recall, don't you, that one of the witnesses testified that in the way of camouflage an or chestra was recruited and played the Blue Danube while thousands of Hungarian Jewish babies were being burned to death? That was one kind of camouflage. Apparently there were several kinds of camouflage used at the crematory at Auschwitz. Do you recall that you arranged for some of that camouflage?
A. Not at all. I never ordered any kind of camouflage or anything of that kind. The things stated by this witness are completely unknown to me also.
Q. I show you Document 2359 and ask you if this does not refresh your recollection? This is a report -
THE PRESIDENT: Wait a minute, Mr. Robbins. Wait until it is distributed.
Q. (By Mr. Robbins) This is a report dated 16 June 1944, and it is a report on a conference on the occasion of the Chief of the WVHA, SS-Obergruppenfuehrer and General of the Waffen-SS Pohl on the subject of building matters in Auschwitz. Present were Pohl; Maurer, chief of Amtsgruppe D; Oberstrrmbannfuehrer Hoess; and several other SS men. The report says this:
"The following construction projects are being approved and released for execution by SS-Obergruppenfuehrer Pohl after examination of their urgency," and I refer you to -
THE PRESIDENT: Where are you reading?
MR. ROBBINS: This is the paragraph just before the numbered paragraphs right after page 2 of the original.
by MR. ROBBINS:
It says that these projects were ordered by SS-Obergruppenfuehrer Pohl. I ask you to turn to Item No. 10, "3 barracks for the immediate extermination of the Jews." Do you see that? I ask you to turn now to 16: "Camouflage of the crematoriums and security measures by constructing a second fence." Rush mats to be provided by the SS Garrison Administration. Does that refresh your recollection?
A This comes from a discussion in Auschwitz concerning all these various points which had been set up by the man in charge of the construction, which probably concern parts of his construction work. I don't believe I knew all these details at the time. The whole document is not signed by me and I don't think it was ever submitted to me. It is quite possible that he went there in order possibly to refer to my agreement, but I have stated that I do not remember all the details mentioned in here in more than 30 points.
Q I suppose you weren't there on 16 June 1944?
A Well, I did not deny that I was there. I do not know that. You can not possibly ask me to remember from years age the dates of all the various official trips I took. If that is what it says here, it is correct.
Q I'll ask you also if after leaking at the document, you don't recall that it was discussed and that you ordered, as the report says that three barracks for the extermination of Jews be erected for the-
A I never had any such detailed conversation with the man in charge of construction. This is just a request slip which he set up himself concerning all the tasks which he was working on, and they are mentioned here. However, I never worried about the setting up of the three barracks and all those small jobs which are contained in this document. I never saw this document.
Q After October 1943, the date on which you found out about the official policy of the Reich for exterminating Jews, you took over ton labor camps on Lublin and converted them into concentration camps, didn't you although you knew the purpose for which they would be used?
JUDGE PHILLIPS: The last paragraph in Document No. 2359 states the following:
"SS-Obergruppenfuehrer and General of the Waffen-SS Pohl, in conclusion, points out that the necessity for carrying out the above named building projects is hereby given recognition. They are to be carried out, however, only insofar as the whole building program can be carried out."
Do you remember giving that order?
A That is possible, yes.
by MR. ROBBINS:
Q I ask you now to turn to Item 19 of that same letter, witness. It talks about about the installation of washing and lavoratory facilities, including a dock for fuel, in the office-barracks of the DEST. That was one of the SS industries, wasn't it?
A Yes.
Q And Item 3, construction of barracks for the Deutsche Lebensmittel, GMBH. I would like to ask you what Item 25 refers to, Budy camp for women, consisting of two huts, a washing, and toilet hut, completion of a kitchen building and of a hut with toilet and washing facilities to accommodate SS members. What is this Budy camp?
A I can not recall what this is.
Q Under Item I of the next paragraph, Rail connection, for the DAW to the woodshed. That was another SS industry, is it not?
A No--Oh yes, the Holzhof. Yes, that probably was a part of the DAW.
Q After October 1943 you took over ten labor camps in Lublin and converted them into concentration camps, didn't you?
A The labor camps, yes. They were incorporated into the concentration camp Lublin in January 1944, as branch camps.
Q You already knew at that date that Jews would be exterminated wherever they would be found? That is what Himmler said in his speech at Posen.
A No, he did not quite say it in this way, and, apart from that, it was not correct that Jews were exterminated where ever they were found, because even up to the very last moment there were certain enterprises in the General Government which employed Jews, and, after all, if your statements are correct, there would have been no Jews left after the end of the war. Globocnik himself however, reports that he employed approximately 52,000 Jews.
Q OSTI had to close up because there were no more Jews to work, in the plants. You told us that the other day. You said that OSTI had to close its factories because there were no more laborers to be used. They only left ones small blast factory. They did have to close their doors.
A Well, because I heard that. I did not close any factories myself. That would have been a madness for me to establish the OSTI in 1943, knowing that we would have to close it because the Jews had left. I then would not have established it at all.
Q That is what happened.
THE PRESIDENT: Does this document have a number?
MR. ROBBINS: I would like it numbered prosecution exhibit 537 for Identification. This is No. 2359.
by MR. ROBBINS:
Q Before we got too far away from your affidavit which I questioned you about a moment ago, which is 2571, I think there is something on the last page that will be of interest to you in view of our discussion yesterday about the Lebensborn. It is in No. 2571.
A I no longer have the document before me.
Q I'll read it to you. "From February 1, 1942 up to the capitulation in May 1945, the WVHA financed the following agencies of the SS; i.e. they laid down and examined their budgets, requesting the funds necessary for the carrying out of their duties from the Reich Ministry of Finance and transferred the sums received to those agencies."
Then the agencies are listed, and under (C): "SS Operational Main Offices, all Bureaus.
Main Race and resettlement Office, all bureaus", with the exception of one office in the Lebensborn.
At this point I would like to offer three additional documents into evidence which concerns the utilization of some of the loot which was taken from the Action Reinhardt.
Witness, you told us the other day that the watches and fountain pens, and so forth, were distributed at the instruction of Himmler. You did not tell us, though that the original suggestion about this came from you yourself. That is true, isn't it--that you did make the suggestion about the distribution, that they be given to SS men?
AAs far as I can recall, the watches which were in need of repair and the fountain pens which had to be repaired were sent to a repair shop in Oranienburg, and fater being fixed they were distributed by Himmler to the front line soldiers as gifts. I do not remember that I made the suggestion. We in the WVHA did have to set up a list about those things, in collaboration with the Operational Main Office, the FHA.
Q Perhaps this will help your memory. This is No. 2753 which I would like to number as Exhibit 538 for Identification, and-
A Yes, that is quite correct. This matter was discussed with Himmler prior to that, and I carried out the thing, and I am inquiring now if Himmler was carrying out those measures within the framework which had been suggested by him and if he agreed to the execution of such things. However, I was not the man who actually suggested the distribution of those things at the front line. I, never thought of that, and I simply saw that the lists were set up for this. We had to know how far we could do it, etc.
Q Well, you say in the letter, "I intend to make a Yuletide gift to the units of the Waffen-SS as indicated on the attached list from the watches, wrist-watches and fountain pens," and you ask Brandt, Please ask Himmler whether he agrees.
A Yes, if he agreed with that particular thing and particularly if he agreed with the units which I suggested.
After all, I could not designate the units.
MR. ROBBINS: At this time I would like to offer in evidence a number of other documents on this same subject:
No. 2754 as Exhibit 539. This is a letter from Brandt to Pohl stating that Himmler has agreed to you, according to your proposition, distribute pockets watches, wristwatches, and fountains pens among the individual divisions. Document No. 2755 as Exhibit 340, which is a letter from Pohl to Himmler dated 4 July 1944.
DR. SEIDL ( Counsel for the defendant Pohl): Your Honor, I would like to inquire of the Prosecution if these documents will receive exhibit numbers or if they will be introduced in evidence later.
MR. ROBBINS: I am assigning exhibit numbers for identification, and I'll offer them in evidence later on.
The last letter I referred to is Pohl's letter to Himmler stating that 3,000 repaired alarm clocks and small table clocks are available at the offices of Amtsgruppe D in Oranienburg. And he says, I request permission to effect the distribution as follows: 500 clocks to .amtsgruppe D for distribution to the concentration camps to be used in the guard rooms; 2,500 clocks to the Gauleiter of Berlin, Dr. Goebbels for distribution by the NSV to Berlin inhabitants.
And Document NO 2756 as Prosecution Exhibit 341 for identification, which is Pohl's letter to Himmler stating that among the watches which came from Action Reinhard are 16 gold precision wrist watches with stop devices and technical reading devices. This letter is dated 29 July, 1944, which is after the date which Pohl himself admits he was informed about the extermination of the Jews.
DR. SEIDL: The Prosecution introduces now a whole series of new documents of which we must assume that they have been in the possession of the Prosecution for a long time. The defendant is not given a possibility to take a position to these documents. No questions are asked him. The documents are simply introduced. I object to this procedure, and that for the very simple reason that this procedure has the only main purpose to use the cross examination in order to subsequently introduce additional evidence in to this trial.
MR. ROBBINS: I don't see any need for the defendant to comment on each one of these documents. They are all signed by him.
JUDGE PHILLIPS: You might ask him, Mr. Robbins, did he sign them, either admit or deny these documents.
MR. ROBBINS: Very well, Your Honor.
THE PRESIDENT: Is this part of the proof of the prosecution or is it used for impeachment or for refreshing the recollection of the witness?
MR. ROBBINS: It is used for all three purposes, Your Honor.
THE PRESIDENT: If it is part of the proof it should have been offered before you rested.