You need not indulge in that supposition, you did receive the order, didn't you?
Q Yes, you had the Fuehrer order. And let's suppose that you were confronted with five-hundred Jews, and you had this Fuehrer Order in your hands, would you execute them? have been in a position to reprimand me for disobeying the Hitler Order, and had stressed it, then probably I would have done it.
Q You would have killed the five-hundred Jews? probably.
Q If the chief had told you, if you don't do this you would have been reprimanded, then you would have killed the Jews? would then have to suffer the consequences of my own shooting, I probably would have obeyed the Order. gave to your commando. First, you made a speech to them, and in your speech you told them to obey orders, that is correct, isn't it? pline, and to their obedience towards me.
Q Yes, "obedience to me" meant obedience to orders?
Q Very well. You have answered that. Then later on you told them privately about the Fuehrer Order? didn't want to keep this from all of them; I told them about this Fuehrer Order, and I told them to obey my orders, that is, to do what I told them to do.
Q Did you tell them not to obey the Fuehrer Order?
A I didn't tell them not to carry out the Fuehrer Order for all time but to follow my directives, and one of my instructions which I gave them for the first time was the basis directive that in the rural districts the Fuehrer Order was not applicable. The officers were satisfied, I think, that they did not need to do such work, as they really were not ambitious to do it, and when they learned they didn't have to carry it out, I had to just send them off without any worry. That was at the time before the territory was declared to be under Roumanian sovereignity. Fuehrer Order? passed by the Einsatzgruppe chief in agreement with the Army, and this applied of course also to my commando.
Q That no Jews were to be killed in the rural districts?
Q What regulation was that? had given, and which he mentioned at various times on the witness stand, and where he added that Himmler in October 1941 no longer wanted such consideration for the Army.
Q Then you didn't in any way modify the Fuehrer Order, sofar as you were concerned; the Fuehrer Order still remained; you merely passed a limitation which Ohlendorf had submitted, that is right, isn't it? outside of the rural districts? away from you, where you could not control them, they could execute Jews?
my commando. in a city to carry out such measures there. command, or some members of your command, or some entire commando executed Jews because they were Jews? vinced that the men for whom the execution of such terrible measures was unpleasant would not have gone on their own part to carry out something which I, or the Einsatzgruppe chief had liberated them from.
Q But you didn't liberate them from it in the cities?
A I didn't get into any city.
Q How about your own men when they were away from you. You told us they were away so far from you that you could not control their actions? German territory, that it is the Roumanian Sovereign territory, and for this time the same exception is valid which has been mentioned in another connection before, namely, that we refused in this foreign territory to apply the Fuehrer Order, that is valid for Odessa and for other cases, and this was always expressly emphasized for those areas, that if they were foreign areas it was an exception, the Fuehrer Order was not to be carried out and I was glad that I was in a position to move into an area where this exception of not applying the Fuehrer Order was valid. If this had not been the case, it would have been my misfortune, and I would not have been spared this thing, namely, what the commandos on the march with the troops had to do. would have killed Jews, too, just as the other commando-leaders did?
said, if the final consequences would have been valid for me, yes, I would have had to do it.
9 Dec 1947_A_MSD_22_1_Gross (Lea) orders you would have killed the 500 Jews? myself or to have to let the other die then I would have preferred not to die myself because with my death I could not have prevented the result for in my stead an other man would have been ordered to take my place and to carry out the order. to decide between the death of 500 innocent people and yourself?
A Well I was spared that situation. I cannot quite imagine it. it. Now, you are before 500 innocent people, men, women, and children Jews - and you are presented with this order to kill them. Now, are you going to confer with your conscience and if so what is going to be your conclusion?
Q And you would have killed them?
Q Yes. All right, that's all. You may continue with the examination, Dr. Hoffmann, if you have any further questions to put to him.
Just one other thing. Referring to these figures, Dr. Hoffmann, which you presented to me the witness had stated with all the emphasis which he could summon to his words that every committment to a concentration camp via the Gestapo was approved by Heydrich, not only approved, that he reviewed the case and then later by Kaltenbrunner. I ask you, witness, if you still stand on that statement? to the War when I was the director of a State Police office I personally never saw it any differently than that an order to commit someone into a concentration camp was only signed by the Chief of the State Police Heydrich. I confirm this expressly and I know it from so many comrades 9 Dec 1947_A_22_2_Gross (Lea) who were also active at that time and that it was not different with them either.
reviewed every case of a committment to a concentration camp via the Gestapo. Do you confirm that statement? activity. I personally never experienced it differently and the Security Police had no different way of handling it. at least 25,000 prisoners in concentration camps you want to tell us that Heydrich had reviewed everyone of these cases? about 8 to 10,000 were political prisoners who for security police reasons were committed into concentration camps and I am convinced that in the same manner as I know it from my own police activity that these political prisoners of the Gestapo were only put in the concentration camps on the basis of the committment order which bore the signature of Heydrich or a facsimile stamp of it. self reviewed 8 to 10,000 cases of committments to concentration camps? custody referent told me he always went to Mueller or Heydrich with various cases and got the confirmation for these committments. common sense and observation that a busy man like Heydrich would not have the time to personally review 8 to 10,000 cases of people being sent to the concentration camps? Does that occur to you?
A. Your Honor, this thought does not occur to me because it corresponds to the truth and because I can confirm this by dozens of witnesses. I went to call any State Police officer into the witness stand and he must or will only confirm again and again what I know from my own experience. Therefore, I can make this explanation in my conscience.
9 Dec 1947_ A_MSD_22_3_Gross (Lea) you will and can call many witness we support you, that you know from your own knowledge that 8 to 10,000 cases of concentration camp committments were reviewed by Heydrich before the people were sent to a concentration camp committments were reviewed by Heydrich before the people were sent to a concentration camp. Now, we ask you how is it that you can remember with such vividness and with such emphasis this number that were sent to concentration camps via the Gestapo but you cannot remember how many people you ordered killed in Russia. I only heard this number of 8 to 10,900 only a short time ago and this was confirmed to me by someone. It was not a matter of what I know from my own experiences for from that time I cannot remember any number of people who were in concentration camps. I never knew such a number. I only knew those cases who were in the concentration camp from my district. Even for that I cannot give a definite number. a figure told to you by someone than your own experiences of sending someone to his death?
A Your Honor, this last mentioned figure _ I want to be quite frank _ I got to knew particularly from reading the record and I have convinced myself of it the last few days.
Q We ask you as the final question: how many people did you ordered killed in Russia? figure.
Q Very well, that's all.
Any re_direct examination, Dr. Hoffmann?
MR. HOFFMANN: May I just ask a few question, your Honor.
THE PRESIDENT: Certainly by all means.
BY DR. HOFFMANN: when you refused to obey an order of the Higher SS and Police Leader didn't you at that time also have to fear that you would he punished by death under certain circumstances? Just answer yes or no. had taken if you had to shoot 500 innocent people or would rather have chosen death itself. Could you give the answer very clearly if you remember what you risked in Duesseldorf?
What do you think of this?
THE PRESIDENT: We don't quite catch the question, Dr. Hoffmann. while we are always very glad to have yes and no answers it doesn't seem this question admits that type of response. Perhaps you might amplify it a little more. It is not quite clear to the witness and it is not clear to the Tribunal either. BY DR. HOFFMANN: year 1944 he also risked hislife. Thereupon he said yes.
THE PRESIDENT: When you say also risked his life it suggests that he at one time did. It isn't apparent that he had from his own statement. He never saw Jews, never had contact with them, had the sweetest time imaginable and even in Russia didn't risk his life. BY DR. HOFFMANN: he did not obey an order of the Higher SS and Police leader?
THE PRESIDENT: Yes you can put that question.
BY DR. HOFFMANN:
Q Thereupon he said yes. How I ask him whether he would answer the question which you, your Honor, asked him if on the one hand there were 500 innocent people and on the other hand he has to risk his life for them, whether in view of the fact that he acted differently in Duesseldorf, he would not have to review his answer once more.
as well as I experienced it in Dusseldorf. In Dusseldorf things happened one after the other. When I was confronted with the final decision, that is when the order was once more confirmed from Berlin only then I would have been confronted with a new situation. your life? though the order of the Higher SS and Police Leader would have been confirmed by Berlin, I could have had the half-Jews notified by confidence men and told them to disappear.
Q Witness, I don't want to know and I just want to know whether you saw a chance in Dusseldorf to escape with y ur life, yes or no?
Q But you don't dare to say that you would have refused an order if you would have had to count on certain death; you don't think you have such a strong character, yes or no?
DR HOFFMAN: I have no further questions. BY THE PRESIDENT:
Q Did you actually disobey the order at Dusseldorf?
Q Yes, and you are still alive?
Q So therefore it doesn't follow that because you disobey an order you are going to be killed right off the bat; that doesn't follow, does it, in the German Army?
500 innocent men, women and children, and you have the order to kill them, and you go to your chief, Ohlendorf, privately, and you say to him, "Chief, I really can't do this. I am a good soldier; I want to follow Hitler; I want to obey orders, but can't you help me in some way to evade this? I just don't have the conscience and the heart to do it." Now do you want to tell us that Ohlendorf wouldn't have lent a sympathetic ear and wouldn't have tried to assist you in some way? Now, answer that. the Fuehrer Order. ear, and would he have considered your case? Do you recognize him as that kind of a man, as a deliberating person, intelligent, comprehensive, and sympathetic to his comrades in the field? recognized for this order he would not have hesitated to draw the necessary conclusions from it as he saw them.
Q Well, that does not mean anything. You mean he would, have shot you right then and there? it would have been in the field, that is at the place, then he would have had to give the order to put me before court martial.
Q Oh, before a court martial, but he wouldn't have ordered you shot right then and there, would be?
DR. HOFFMANN: Then I have a few more question, Witness.
RE_DIRECT EXAMINATION (Continued) BY DR. HOFFMANN:
Q What was your relationship to Ohlendorf?
A My relationship with Mr. Ohlendorf was colorless, we didn't know one another at all.....
Q Did you have any special liking for him? matter of conversation, his description and the way he was able to dramatize matters. President assumed it here, to bring this matter to him and to talk to him in this way, yes or no?
Q Why not? out the Hitler Order was known to me on his part.
Q Was Ohlendorf, therefore, uncomppromising? yes or no?
A No, I don't think so. BY THE PRESIDENT: across the river, wasn't it, to save these poor Jews, because otherwise he would have had to shoot them? He was considerate enough there, wasn't he? He didn't kill these 6,000, did he? that is if he comes to such a decision, then I, of course, welcome such a decision very much, but this, in my opinion, has nothing to do with it because this was a special case, according to his attitude.....
his mission in Russia, and he doesn't kill them. He tells you to make some arrangement to take them across the river, not to shoot them. Well, he was certainly considerate there, wasn't he, and if he would be considerate with 6,000 he would be considerate with 500, under some special circumstance, of course?
A No, your Honor, this was a very special case. Certainly Herr Ohlendorf did not seek to do things which went beyond the Hitler Order, that is to say, to give himself over to measures for others.
THE PRESIDENT; Do you have a question?
DR. KRUASE: Dr. Kruase as a representative for Dr. Riediger for the Defendant Haensch, your Honor. I take the liberty to ask a few more questions if you permit me to.
THE PRESIDENT: Yes, certainly. BY DR. KRUASE: measures of which the witness spoke on the occasion of the escape of the Rumanian Logion Leader, Horia Sima. Witness, you stated yesterday that at the time you were threatened with disciplinary measures and that they threatened you even with execution. Who expressed this threat?
A First of all I want to correct this. They did not threaten me with disciplinary measures, but they threatened me with execution, and this was a spontaneous fit of rage on the part of the Reichsfuehrer which evolved from this circumstance.
Q Was this threat expressed, to you personally? was, was expressed to me by the chief of Office N. tween Reichsfuehrer Himmler and the Chief of Office IV in which this threat was expressed?
A One can say it that way, but I want to complete it. The Reichsfuehrer had already given instructions to Mueller.
THE PRESIDENT: Just a moment. As a matter of information what has this got to do with the Defendant Haensch?
DR. KRAUSE: The defendant Haensch at that time was the disciplinary expert in Office I, and I want to try to find out whether Office I, that is disciplinary agency, had anything to do with this case that might interest interest Herr-Haensch, or conclusions might be drawn against Herr Haensch, against whcih we want to defend ourselves.
THE PRESIDENT: Well, but you say with this case. It isn't clear just what--the escape of Horia Sima proceedings were initiated or at least threatened against Herr Nosske, which according to my information he described yesterday as disciplinary measures. If they were disciplinary measures these would have had to come before the disciplinary agency of Office I. I am curious to hoar information about this, whether such a proceeding was pending before Office I, namely the disciplinary agency of Office I.
THE PRESIDENT: Well, if you think that is going to help you we want to hear it. It isn't too obvious just what you are driving at, but you may put a question.
DR. KRAUSE: I just have a few questions. We will find out immediately.
Q (By Dr. Krause) You say then, Witness, that thiswas a conservation between Himmler and Mueller, orat least you assume so. Did a formal disciplinary proceeding pend against you?
A No, not in this connection. Office I and the investigating officer had nothing at all to do with this. The reaction of the Reichfuehrer because of these consequences of this escape were directed against the allegedly guilty people, and it was ordered that Mueller in view of my person, or rather no directives had yet been received as far as my person was concerned. Still Mueller feared seriously that a similar fate threatened me and Geissler.
Court No. II, Case No. IX.
on the part of your superiors in Office IV, but no punitive proceeding? fuehrer too spontaneous.
DR. KRAUSE: Thank You. No further questions.
PRESIDENT: Any redirect, Dr. Hoffmann?
DR. HOFFMANN: No.
PRESIDENT: Any recross, Mr. Walton?
MR. WALTON: No.
PRESIDENT: Do I understand there is a witness available? Now, the witness, Nosske, will be returned to a defendants' box, and the witness will be brought in. Well, I thought that there was a witness waiting. Well, Nosske can be returned to the witness' dock, I understood that there was a witness waiting, and Dr. Gawlik had been sent for. Well, I am mistaken, Well, the defendant, Ott, will be taken to the witness stand. Didn't you say something, Mr. Walton, about a witness, and you wanted Dr. Gawlik to be here?
MR. WALTON: No, Your Honor, I said, there was a matter that I wanted to bring to the attention of the court, I would appreciate that he be here since this matter originated at a prior session of this court, and a decision was made, and I would like to present a matter to the court for ruling at this particular time. Now, if you think it will interfere with the process of the court, I shall be glad to come with Dr. Gawlik in your chambers.
PRESIDENT: I think it would be better.
JUDGE SPEIGHT: Witness, raise your right hand. Repeat the oath, "I swear by God, the Almighty and Omniscient, that I will speak the pure truth, and will withhold and add nothing".
(The witness repeated the oath).
JUDGE SPEIGHT: You may be seated.
DR. KOESSL: Koessl for Ott. Before starting the direct Court No. II, Case No. IX.
examination of Ott, I would like to ask the Tribunal one question which bothers several other defense counsel and myself. It is a matter of what time is given the defense on Christmas. We have several witnesses to visit, and some work to do, so it would be very nice if in some form we could make our arrangements and find out what the sessions will be for the court, therefore, I would kindly ask the Tribunal to make known how long the Christmas recess will last.
PRESIDENT: Do I understand, Dr. Koessl, that you would avail yourself of some of that time in connection with work having to do with the trial?
DR. KOESSL: Yes.
PRESIDENT: Yes. We will confer an that matter this evening and make an announcement tomorrow morning.
DR. KOESSL: Thank you. I ask that I may be permitted to start the direct examination of the defendant, Ott.
PRESIDENT: I wish you would, Dr. Koessl BY DR. KOESSL: were born.
A My name is Adolf Hermann ott; and I was born on the 29th of December 1904 in Waidhaus in the Oberpfalz province.
Q What profession did your father have?
Q From what conditions did your parents come?
MR. FERENCZ: May it please the Tribunal, in the case of almost every defendant we have begun with the history of his father. In order to save time, solely in order to save time, and because of the history of his father is completely irrelevant in this case, I request that the defense counsel submit an affidavit on anything concerned with the father of the defendant and immediately get down to the charges in this case.
Court No. II, Case No. IX.
PRESIDENT: The Tribunal is interested in having a little background on each defendant. The great trouble is though occasionally we go into a great deal of detail which really doesn't help us too much. Now, a few questions about his family life are in order, but if you are going to go into it too thoroughly, Dr. Koessl, or more than that is required, we would be very glad to have you make up an affidavit and submit it, and, of course, it will have the full consideration of the Tribunal.
DR. KOESSL: I just have a few questions, Your Honor, of a personal nature, and as fast as possible I shall come to speak about the activity of the defendant in the organization.
PRESIDENT: Very well. BY DR. KOESSL:
A My father comes from a business in the Rheinpfalz; my mother from an old farmer's family in the Oberpfalz.
Q Did you have any brothers or sisters?
A Yes, two. I had a brother twelve years older than myself who after being active 23 years abroad died in Mexico; and I have a sister who is married to an engineer.
Q Do you have a wife or children? was killed by an American grenade. My child is with my mother-in-law.
Q There is your home town? and I remained there.
Q What schools did you attend and where? stance.
Q Where did you pass your childhood?
Q What professional training did you have?
Court No. II, Case No. IX.
A It was my desire to become a farmer or a forester. My parents lived in modest circumstances, and my father demanded of me that, like my brother, I should become a merchant, and in the very difficult time that I should go abroad. My brother had already been in Mexico for 12 years where my uncle was commercial consul, and all my relatives on my father's side were for decades in the United States.
Q Where were you apprenticed? brother was studying 12 years before. I learned for two and a half years and remained as a correspondent and a bookkeeper in the same company. ment before coming to the SD? the same branch, and even though it became a victim to the bad economic situation or had to be reduced so much that the personnel almost all of it had to be dismissed, I was with one of my sport friends in a sporting goods house. On the first of January 1993, approximately, I became office manager of a barrel factory. Before that I was unemployed for about one year, but I refused to take any unemployment compensation, and in order not to be a burden to my parents, I managed to make a living on odd jobs.
Q Did you mention all your positions?
A No. In 1933 in the fall or in the spring of 1934 the German labor front put me in charge of an administrative office. During that time it was my duty to work for the Security Service-SD-Reichsfuehrer SS in an honorary capacity and I did so for one year. Then it was suggested by the sector in Munich as well as by the then SD Main Office that I go into the SD in full capacity.
Q What positions did you have in the SD from 1935 to 1945? in full capacity--full time, and then I negotiated with my gauleiter Court No. II, Case No. IX.
in Augsburg about my dismissal. It was approved and on the first of October 1935 I was taken into the SD on a full-time basis.
Q What positions did you hold in the SD? Lindau, Lake Constance, that is, in my home town. It included six other agencies in the Allgaeu Region which were honorary positions.
Q What positions did you hold after that? I was transferred to the sector Munich and there I was put in charge of Department III. atically. Hanover-Brunswick as a staff leader.
Q That was again in the SD?
A Yes. On the first of January 1938, that is, three and a half months later, I was transferred to Koenigsberg in Prussia as a staff leader of the SD Main sector Northeast.
Q Next position? took over the than SD sector Neustadt, on the Weinstrasse, that is, in the Rheinpfalz. Shortly after, I assumed this job, the former sector Saarbruecken was incorporated into this sector. From the year 1941 on
PRESIDENT: Well, Dr. Koessl, suppose we begin with 1941 tomorrow morning?
DR. KOESSL: It is almost finished, Your Honor, and then tomorrow we can begin with something else.
PRESIDENT: Very well. All right.
DR. KOESSL: Thus you held this position until the end of the war?
THE WITNESS: Yes.
THE PRESIDENT: That was very simple. (Laughter in the dock).
Court No. II, Case No. IX.
DR. GICK: Dr. Gick for Strauch. Your Honor, after Nosske, the turn would be the defendant, Strauch. The defendant, Strauch, is still in the hospital and is tied down to his bed--is confined to his bed-therefore, I cannot call him to the witness stand. My application for separate trial has not yet been ruled on. I ask that the defendant, Strauch, be put at the bottom of the list for the time being.
PRESIDENT: Dr. Gick, we have now ordered a medical examination, and it is in the process of being accomplished at the present time. we expect by the end of the week to have a report on your client's condition. Naturally, we will not take him up until we get this report so that if the Tribunal does not dispose of your motion for a severence prior to the time that the defendant, Ott, has completed his case, we will then take up the case of Klingelhoefer.
DR. GICK: Thank you.
PRESIDENT: The Tribunal will be in recess until tomorrow at 9:30.
(The Tribunal adjourned until 10 December 1947, at 0930 hours.)