Those are the District Courts of Appeal, which were about the District Courts and the Local Courts. But Joel was attorney general, not a member of Landgericht, and therefore he was not in charge of the Landgericht and Amtgericht. That is not the way to represent it without making a misleading statement. One can only either have several tables which show the several times and dates, or this table which was obviously misleading will have to be given up.
THE PRESIDENT: I should like to make an observation at this time. It is said by the defense counsel who last addressed the Tribunal that this could not be the same chart in different periods. However, it is the correct chart as to same particular period as shwon by the affidavit of Mr. Schlegelberger and that being true it's admissible in evidence for that purpose, and if it should appear that at different times, a different chart will apply, different classification, that can be shown at the proper time. But if there is any time when this chart correctly stated the organization, it's properly received in evidence.
We will receive this in evidence unless there is something more vital to offer at this time.
DR. BRIEGER (For Defendant Hermann Cuhorst) Your Honors, I should like to draw your attention to the fact that at the bottom of that table there is an entry "special court", which means a German special court.
That is important to my client because he was in the special court; accordingly I must raise an abjection against having the special court mentioned here; the special court was nothing more than a chamber of the district court. In other words, it was not an extraordinary court. I shall present an expert opinion on this whom I think I can rightly call an expert in this field, and at the same time -
THE PRESIDENT: Counsel will be afforded at the proper time to make the objection you are now urging, but at this time we feel there is sufficient reason for receiving the chart in evidence which has been presented to the Tribunal.
DR. SCHILF (For the Defendants Herbert Klemm and Wolfgang Mettgenberg) :
Mr. President, I have against the value of the evidence of your table the following objection: The defendant, Mettgenberg, was under-secretary until 1942. In 1942 he retired; that is, he left the ministry. Now, we see on the table that the name Mettgenberg appears before the time and after that date; and he made a statement in his affidavit on events during that time; and I should like to ascertain, there is a date under the name of Schlegelberger and another date under Klemm, if Mettgenberg in 1943 left the office, in my opinion he cannot make a statement that would be valued as evidence regarding events that happened after that date. He cannot make a statement on that as far as decisions and personal knowledge is concerned. There is a change in time, and I should like to say the whole of this document has no value as evidence for the time after Mettgenberg had left the ministry, and that was in the spring, and that was in August, 1942; sometime after August, 1942, and he cannot make relevant statements on events in the ministry.
He could only have had such knowledge privately; that considerably decreases the value of this evidence. For example, my client Klemm, there are several wrong statements on the table as well as in the affidavit. Schlegelberger and Klemm appear on the party chancellery as immediately under Hitler, Department III c. until 1944.
MR. LaFOLLETTE: If your Honors, please, this all goes to weight and sufficiency; not to relevancy.
THE PRESIDENT: The Tribunal has ruled on this that it has some probative value as to some defendant, or defendants, as of a certain period, and for that reason it will be admitted in evidence, and if any defendant can show a different state of facts, on a certain period as affecting certain defendants, that opportunity will be afforded. But I think we have ruled that this is admissible for that purpose and to that extent.
MR. LaFOLLETTE: At this the the Prosecution requests a short recess.
THE PRESIDENT: The Tribunal will be in recess for fifteen minutes.
(A recess was taken)
THE MARSHAL: The Tribunal is again in session.
MR. LaFOLLETTE: I shall now offer 1 to 12 biographical affidavits into evidence and which I shall read. First, I wish to introduce into evidence document NO 693, found on page 9 of the English Document book, and which is the biographical affidavit of the defendant Joseph Alstoetter, and sworn to before Peter Beauvois. I shall read the affidavits in English and then make my comments on the documents.
"I, Joseph Alstoetter, Ministerialdirektor (Chief of Civil Law and Procedure Division) in the Reichsministry of Justice, swear, deposite and say:
"I was born on 4 January 1892, in Griesbach, Lower Bavaria. Until 1902 I went to the elementary school St. Nicholas in Landshut gymnasium in Landshut on the Isar. From 1911 to 1914 I studied for a short while in Erlangen."
I shall not read the parenthetical remarks unless the court desires.
"Entered the army beginning of August 1914, but continued to maintain my matriculation in Munich where I passed my final examination at the University in 1915. In November 1920 I passed my state examination in jurisprudence in Munich.
"During the first World War I was a lieutenant in the Bavarian Infantry Regiment No 16. From 1935 until 1939 I took part in the military training maneuvers as a reserve lieutenant in the 7th and 11th Regiments of the new Wehrmacht. In the second World War I served with the Infantry Regiment 475 of the 255th Infantry Division from 25 August 1939 until November 1942, and my last rank was that of a major and commander of a Ballalion of the reserve forces. On 25 January 1943 I was classified upon request of the Reichs-ministry of Justice as indespensible, prior to that having been transferred to the reserve leaders of the Supreme Command of the army and to the 14th Replacement Infantry Division. I received the following military decorations: the Iron Cross I and II, the German cross in gold, the East-medal, the Infantry assualt badge, the veteran cross.
"According to my memory I joined the NSDAP in September 1933, retroactive date of 1 May 1937. My party number according to my memory is 5823836. I held no position within the party. For a short while I belonged to the SA Reserve.
I was taken over as a member of the ex-service-men's association. Since 1938 I have been a member of the General SS, last in the rank of an Oberfuehrer. On the records I was carried as an honorary leader in the Staff of the SS Main Office. Moreover, I belonged to the NSV, National Socialist People's Welfare League, to the National Socialist Lawyers' League and to the National Socialist League of Alumni. I joined the SS upon request of Himmler who assured me that I would be carried only as honorary member, that I would not have to do any service and would not have to secede from the Catholic church. Before I joined, I had a discussion with the President of the Reich Supreme Court who emphatically advised me to do so.
"My professional career was the following:
"In March 1921 I became assistant judge in the Bavarian State Ministry of Justice, I believe. In March 1923, I was nominated 3rd Attorney General and in June 1925 district judge. In this Last position I remained until Whitsuntide 1927."
MR. LAFOLLETTE: I now offer to introduce in evidence as Prosecution Exhibit 5 - I beg your pardon, Your Honor. There are two more pages I would like to read. However, the document can be considered in evidence:
THE PRESIDENT: You are offering all of it?
MR. LAFOLLETTE: All of it, yes, sir.
THE PRESIDENT: Very well.
MR. LAFOLLETTE: I didn't see the pages.
"My activity in the Bavarian State Ministry of Justice comprised the handling of requests for clemency and work in the domains of common law, civil law and law dealing with the Civil Procedure Code. Whitsuntide 1927 I was ordered to the Reichsministry of Justice in Berlin as an assistant. In 1928 the Bavarian State Ministry of Justice promoted me to the position of a second attorney general. From 1928 until 1931 I held the office of a chief judge of the District Court Sonthofen in the Allgaeu. From 1931 until 1932 I was councillor of Provincial Court of Munich; used as assistant legal advisor for the Notary Division in the Bavarian State Ministry of Justice. On 1 June 1932 I was made Chief Justice of the Landgericht and was ordered to the Reich Supreme Court in Leipzig as assistant judge, where I worked until 1 February 1933 as a member of Civil Senate V, IX, and XII. From 1 February 1933 until April 1933 I was a member of Civil Senate IV at the Reich Supreme Court in Leipzig. From 1 April 1933 until the beginning of 1935 I was a member of appeals Criminal Senate II and leader appeals Criminal Senate V with the Reich Supreme Court. There I handled appeals against verdicts of the Criminal Chamber (Strafkammer) and the Criminal Court (Schwurgericht) coming from the districts of the Higher Courts of Appeal under the competence of these Senates, and pertaining to the domain of general criminal justice. On 22 January 1935 I was promoted to be councillor of the Reich Supreme Court. Soon after that I was transferred to Civil Senate III. There I handled appeals against sentences of Higher Courts of Appeal in civil matters, especially indemnity and liability claims against the Reich, the provinces and other public legal entities, claims arising from salary and pension payments to civil servants, claims resulting from agreements, particularly also arising from physicians', lawyers', notaries', and architects' agreements.
Since about 1936 I was also a member of the Reich Labor Court. From 25 August 1939 until 25 January 1943 I served with the Wehrmacht. January 1943 I was assigned to the Reich Ministry of Justice for commissioner service in the Department of Civil Law or Civil Administration of Justice. Later I became commissioner chief of this Department VI was entrusted to me. In May" - I think it's 1944 - "In May 1944 I was promoted to be chief of the civil law and procedure division of the Reich Ministry of Justice and finally was entrusted with the management of Department VI."
TEE PRESIDENT: One moment. It appears from the examination of this document that should be 1943, I think.
MR. LAFOLLETTE: 1943. It's completely blank here. We will read it as 1943.
"I held this position until the end of the war. In the fall of 1943 I, moreover, was made Deputy Director of Department VII.
"I have read the above statement in the German language and I declare that to the best of my knowledge and belief it is the full truth. I had an opportunity to make changes and corrections in the above statement. I have made this declaration voluntarily without any promise of reward and I was not placed under duress or compulsion. Nuernberg, Germany, 30 January 1947."
MR. LAFOLLETTE: I now offer Prosecution Exhibit No. 6, which is the affidavit, biographical in nature, of the defendant Paul Barnickel. It appears on page 13 of Book 1-A as Document NG-735. I would like to read from the document book. Dr. Paul Barnickel.
"I, Dr. Raul Barnickel, late Reich Prosecutor at the Reich Court in Leipzig, declare under oath:
"I was born on 4 May 1886 in Augsburg, After passing through the High School (Liberal Arts) in Augsburg, I attended the universities of Munich, Paris, Munich, and Erlangen. I made my preliminary studies in Augsburg and passed my State Examination in 1910.
"I did not belong to the Wehrmacht either in the first or in the second world war or at any time.
"I joined the NSDAP on 1 May 1933. My Party number was about 1700000. In July 1933 I became a member of the SA. My highest rank in the SA was that of a non-active Sturmfuehrer (1943). I received no decorations. I also belonged to the NSV and the NS-National-Socialistic Jurists's League, in addition, to the RKB-National Colonial League and the Reich Association for Air Raid Precaution, amongst others.
"My professional career was as follows:
"In 1911 I worked as a volunteer in the MAN engineering works Augsburg-Nuernberg. From 1912 to 1913 I worked as a lawyer in the office of Dr. Suessheim in Nuernberg.
"In 1913 I was appointed to the office of the public prosecutor in Nuernberg. From 1913 to 1919 I worked in the office of the public prosecutor at Kaiserslautern and in 1919 I was transferred to Munich as local court judge for civil matters. From 1924 to 1929 I was assigned to the office of the public prosecutor in Munich. From 1929 to 1934 I held the office of Landgerichtsrat for civil and penal matters at the District Court Munich I.
"Then in 1934 I was promoted Attorney General at the District Court Munich II. I held this position until my appointment as Reich Prosecutor at the People's Court in Berlin in 1938. As Reich Prosecutor I presided over a department of the Reich Prosecutor's Office at the People's Court. In 1944 I was transferred to the Reich Court at Leipzig, as a Reich prosecutor. I held this position until the end of the war.
"I have read the above affidavit in the German language and declare that it is true and correct to the best of my knowledge and belief. I was given the opportunity to make changes in the above affidavit. This affidavit was given by me freely and voluntarily, without any promise or reward, and I was subjected to no compulsion or duress of any kind. Nuernberg, 6 February 1947. (Signed) Dr. Paul Barnickel"
THE PRESIDENT: Do you formally offer this?
MR. LAFOLLETTE: I now formally offer to introduce it in evidence as Prosecution Exhibit - I think it's 6.
THE PRESIDENT: There being no objection it will be received in evidence
DR. MARX: Mr. President, for the counsel for the defendant Barnickel, I should like to make a correction. The defendant Dr. Barnickel was not general prosecutor in Munich, but he was prosecutor at the Landgericht Munich 2 during the period until 1938--until 1938. In other words, he was not the general prosecutor, but only a senior prosecutor at the Landgericht Munich 2, the District Court Munich 2. I ask if that could be corrected for the purpose of the record.
MR. LAFOLLETTE: If Your Honors please, I don't know what the Court's reaction is, and I don't want to preclude counsel, but it seems to me that these matters of substantive corrections of affidavits more properly come when the defense produce their case in chief. There may be certain objections to affidavits which go immediately to the sufficiency of the whole affidavit, but this type of objection I don't think does. And while I have no desire to undly preclude counsel for the defendants at all, I am wondering if perhaps, in the interests of procedure, we can't make it clear that no one will be precluded from saying what he wishes when he does wish to say so, but that this is an ineffective time to do it.
JUDGE BRAND: I would like to make a brief comment on the matter which the prosecutor has just brought up. I think counsel, perhaps, do not understand that when an exhibit has been offered and is authenticated sufficiently to warrant its receipt in evidence, even if there should br some error in it that error cannot be corrected merely by statement of counsel for the opposing party. The exhibit would be received in evidence and the opposing party who finds an error in it would be privileged, at a later time, to produce testimony or an exhibit to correct that error. That is the position that you take, as I understand it. I think possibly counsel for the defense haven't fully understood that corrections cannot be made merely by statement of counsel for either opposing parties.
MR. LAFOLLETTE. I appreciate the Court having made that statement.
THE PRESIDENT: I agree with what Judge Brand has said, but I am wondering whether there may not be some immaterial corrections that do not go to the merits of an affidavit that might be corrected without waiting.
MR. LAFOLLETTE: In such cases, Your Honor, we will attempt to see counsel immediately after a session, and if there are things that we can agree can be corrected, we will came back in and stipulates a correction.
JUDGE BRAND: Of course, I understood that.
MR. LAFOLLETTE: Yes, sir.
JUDGE BRAND: If the prosecution can agree that an error has been made, the sooner you make that agreement, the better.
MR. LAFOLLETTE: Exactly; we shall. I have just been advised that Dr. Marx's objection is correct, and we will get together and stipulate with him either before the end of the day or tomorrow, but I don't want to interrupt the procedure now to do that. I simply want to advise him that we are willing to meet with him on that basis. It is the constant objections to affidavits as evidence that I don't believe should come at this time.
I am prepared to offer, after reading, Prosecution's Exhibit No. 7, which is the affidavit of the defendant Lautz, found on page 30 of document book number 1-A.
"I, Ernest Franz August LAUTZ, former chief public prosecutor at the People's Court in Berlin, swear, state and declare:
"I was born on 13 November 1887 in Wiesbaden, went to the elementary school and grammar school in Wiesbaden and studied jurisprudence at the universities of Bonn on the Rhine, Munich, and Marburg on the Lahn. I passed my first State examination in law in October 1909, and my big judicial State examination in law in February 1920.
"I joined the NSDAP on 1 May 1933. My Party number, as far as I remember was something like 3,076,484. As an ordinary member of the Party I did not hold any leading office whatsoever. I am not in possession of any kind of Party badge and I was never a member of the SS, SD, SA or of the corps of political leaders. I was never given any honorary rank in the Party either, or in any of its organizations. However, I was a member of the following Party organizations: The National Socialist Jurists' league, National Socialist Public Welfare Association, National Socialist University Alumni Association, Reich Association for Air Raid Protection and the National Colonial League. I also contributed towards the fund for the care of war graves.
"My activity in the Wehrmacht was as follows:
"From 1910 to 1919 I held the following service ranks: for one year I did service as a volunteer, then I was a sergeant, an acting technical sergeant, a second lieutenant, and first lieutenant of the reserves. I hold the Iron Cross I and Iron Cross II.
"During the second world war, from 1939 - 1944, as a captain of the reserves I was always at the disposition of the Wehrmacht but was never called up, being given the status of indispensability at the request of the Reich Minister of Justice.
"My professional career was as follows: April 1920 to October 1920 I was court assessor, October 1920 to November 1921 prosecutor, November 1921 to December 1929 counsellor of the Public Prosecution at the District Court in Neuwied on the Rhine. From 1 January 1930 to 31 May 1932 I was senior public prosecutor at District Court II in Berlin as Chief of the department for political penal cases.
From 1 June 1932 to 15 November 1934. I was chief public prosecutor at District Court I, later on the District Court, in Berlin, departmental chief and chief of the section for economic penal matters. From 16 November 1934 to 31 August 1936 I was chief public prosecutor at the Supreme Court of Judication in Berlin. In this capacity I had the following duties: I kept the records with personal data of the court assessors, as well as the officials of medium and lower ranks (except those in the prisons), I handled disciplinary matters, and appeals against verdicts of the public prosecution at the District Court and reports to the Minister of Justice, excepting cases of high treason and treason.
"From 1 September 1936 to 30 June 1937 I was general public prosecutor at the District Court of Berlin in the capacity of official loader of the public prosecution at the District Court. However, I did not handle any special branches personally. I was provisionally in charge of this office from February to August 1936. From 1 July 1937 to 30 June 1939 I was general public prosecutor at the Appellate Court in Karlsruhe--Baden. There I had to superintend the public prosecutions in the district and was in charge first and foremost of the personel records of the officials and employees as well as of disciplinary matters and matters concerning the jurisdiction of the court of honor for lawyers.
"On 1 July 1939 I was appointed chief public prosecutor at the People's Court in Berlin. Owing to illness I could not take over the duites of this office until 20 September 1939. My duties in this office, which I held until the end of the war, were as follows: administrative business (matters concerning the personnel, buildings, book-keeping etc.), the conduct in and superintending of the public prosecution with respect to penal cases brought before it, viz, high treason and treason, undermining of the public morale, attacks on the Fuehrer, economic sabotage and damage to materials for national defense.
"I have read the above declaration in the German language and declare that it is the full truth to the best of my knowledge and belief. I had the opportunity to make alterations and corrections in the above declaration. I have made this declaration voluntarily without promise of remuneration of any kind, and I was not subject to threat or compulsion whatsoever.
"Nurnberg, 6 February 1947." Signed, "Ernst Lautz."
I now formally offer and introduce into evidence Prosecution Exhibit No. 7.
THE PRESIDENT: It will be received in evidence.
MR. LAFOLLETTE: Document No. 705, if Your Honors please, is at page 13--I beg your pardon, 15. This is the affidavit of the defendant Cuhorst. I will read the affidavit, and then make the formal presentation:
"I Hermann Albert Cuhorst, whose last title was presiding officer of the First Penal Senate and Special Court in Stuttgart, swear, state and declare:
"I was born on 22 July 1899 in Ellwagen/jagst. I attended first the reformed grammar school Eberhard-Ludwigs in Stuttgart and there, in the years from 1919 until 1922, I studied at the university of Tuebingen. I passed my examination as law graduate in 1923 and my examination as assistant judge in 1926. My preparatory training I received at the Lower Court (Amtsgericht) of Boeblingen and at the District Court in Stuttgart.
"In the first world war I served in the Infantry-Regiment No. 125 from 1917 until 1919. During the second World War I served in the Army from 1944 until 1945, ultimately in the Regional Defence unit Battalion No. 444 in Norway. My highest rank was first lieutenant. I was awarded the iron-cross, second class(1914), the veterans-cross and the warservice-cross, second class.
"I became a member of the NSDAP on 1 December 1933, My Partynumber was about 376,000. Since 1 January 1933 I was acting as speaker for the Gau and as Such I wore the uniform of a political leader. I was awarded the Party decoration 3rd level for outstanding service to the Party.
I was a sponsoring member of and belonged to the NS-Lawyers League as well as to the NSV (National Socialist Public Welfare Association) "My professional career was as follows:
"In 1926 I was appointed District Judge at the Lower Court in Stuttgart "Then, from 1926 until 1927, I was assistant magistrate of the Landrat in Essling.
In 1927 I temporarily worked as Deputy District Judge at the Lower Court in Ulm and in the same year was appointed District Judge at the Lower Court in Stuttgart. In March 1930 I became a regular judge in Stuttgart.
I would like to go back and make a correction in my reading which occurred because of a bad copy. I said, "I was a sponsoring member of" and then stepped. The last sentence in the fourth paragraph of the English translation should read as follows: "I was a sponsoring member cf the SS and belonged to the NS-Dawyers' League as well as to the NSV (National Socialist-Public Welfare Association)."
I shall now go down to tho last sentence on Page 15.
"In April 1933 I was promoted councillor to tho Government with tho title cf Chief Counsel to the Government. On 1 November 1934 I was appointed Chief Justice of the Supreme Court cf Appeals. In this position I presided ever tho Fifth Civil-Senate of the Court cf Appeals in Stuttgart. On 1 October 1937 I was appointed president of the First Penal Senate and of the Social Court in Stuttgart. I remained in t is position until I was detached to the Wehrmacht in November 1944.
"I have read the above statement in the German language and I declare that it states the full truth after the best cf my knowledge and belief. I had the opportunity to make changes and corrections in the above statement. I made the statement voluntarily without having been premised a reward and I was not submitted to threat or duress.
"Nuernberg, 3 February 1947. Signed, Cuherst."
I now offer Document No. 705 as Prosecution Exhibit No. 8.
THE PRESIDENT: It will be received in evidence.
MR. LA FOLLETTE: I shall no t offer NG 734 at Page 18 cf Document Book 1-A, tho affidavit cf Carl Engert, which will be Exhibit 9.
"I, Dr. Karl Engert, former chief of departments V and XV cf tho Reich Ministry of Justice, swear, state and declare:
"I was born on the 23 October 1877. I attended the elemen tary school in Munich from 1884 to 1888, the Wilhelm classical grammar school from 1889 to 1897 and the university of Munich from 1898 to 1902.
I passed my first examination in jurisprudence in 1902, the State examination in 1905. I did a preparatory state of service in Munich from 1902 to 1905. I was a member cf the NSDAP already in 1921. My membership number was something 57331. I held tho following offices in tho Party as far as I can remember: from 1928 to 1933 I was Gaulfuehrer in the National Socilaist Jurists' League , from 1932 to 1933 Reich Speaker for the Party in tho Bavarian State Legislature. I was awarded the following party distinctions: he gallon badge of honor, the silver service badge for ton years' membership and tho Sudeton medal. I was a number cf the SS and the SA. The latter I joined in 1930, tho former in 1936. As far as I remember, my highest rank in the SA was that cf Sturmfuehrer, my highest rank in tho SS, Oberfuehrer. I was given the following honorary positions: that of Ehrenfuehrer (honorary leader) of the SS with tho following tokens of distinction: a ring cf honor and a sword cf honor. Furthermore I was a member cf tho fallowing Party organizations: NSRB (Rational Socialist jurists' League) NSRDB (?), NSV (National Socilaist Public Welfare Association) RLB (German Air Raid Protection League) and DRX (German Red Cross).
"I an a veteran of tho first world war in which I served as a Counsellor at court martials with the rank cf captain. During the second world war I was not drafted for service with the Wehrmacht because cf my ago.
" My professional career was as follows: Gerichtsassessor 19? to 1912; District-judge in Scheinfeld, Middle Francenia, 1912 to 1922; Chief District-judge in the same place 1922 to the end cf 1925; Director of the District Court cf Regensburg from approximately 1 September 1932 to Juno 1933; President of tho District Court of Schweinfurt in the summer 1933.
"In this capacity in July 1933 (?) I was appointed to tho Bavarian State Ministry of Justice as technical adviser in charge of personnel matters for tho judges and prosecutors of Bavaria. In summer 1934 I was appointed ministerial counsellor, whilst at tho same time retaining tho above office. In 1935 I became Ministerial Counsellor in the Reich Ministry of Justice where I officiated as technical advisor for personnel matters for the Bavarian judges. In summer 1936 I was appointed President of tho Senate and a few weeks later Vice-President of tho People's Court in Berlin and Chairman of the second Senate, which was handling cases of high treason based on sympathy with communism."
Excuse me, Your Honors, I will have to got -- I shall offer this exhibit in evidence without further reading. I am sure the Court can obtain better copies than I have, and I hope tho German copies are better than mine. I can't road them.
I now offer in evidence Prosecution Exhibit No. 9. I am afraid if I road them they will not be accurate and it would be unfair either to the Prosecution or the defense.
THE PRESIDENT: The defendants have copies cf them?
MR. LA FOLLETTE: Yes, they have copies.
THE PRESIDENT: The reading adds nothing, apparently. They will be received in evidence, there being no objection.
MR. LA FOLLETTE:NG 707, Your Honor, is at Page 24. This will be Prosecution Exhibit No. 10. Hay I say to tho Court, please, that we do not wish to bore tho Court, and we will hereafter on many occasions not road extensively from documents. We do feel, to tho extent that they are leg ible, that a reading of tho biographies of tho defendant is considerably helpful to tho Prosecution's case.
For that reason we ask the Court's indulgence, although we realize that you can go back and them your solves.
THE PRESIDENT: We wonder if there are not some unimportant matters in each of these affidavits that might be omitted in any event.
MR. LA FOLLETTE: I think I understand. I believe I can comply with Your Honor's desires.
THE PRESIDENT: Of course if the defense counsel would rather have them road, they will be read, of course.
MR. LA FOLLETTE: They are translated. I will indicate where I will go from, and I am sure that neither the defendants not their counsel will be harmed by that procedure.
"I, Herbert Klemm, formerly State secretary of the Reich Ministry of Justice, swear, state and declare:
"I was born in Leipzig on 15 May 1903."
I shall now go down to the Sentence which begins: "My first legal State Examination I passed in December 1925, the Second legal State Examination in October 1929. My preliminary service I completed from 1926 to 1929. My preliminary service I completed from 1926 to 1929 with the legal administration of the Province of Saxony in Leipzig, Freiberg, Burgstaedt, Sebnitz and the District Courts of Plauen and Dresden.
"I applied for membership of the NSDAP on 4 November 1930 and was given membership card number 405576, dated 1 January 1931. On 30 June 1933 I joined the SA and in April /May 1933 I was assigned to the Adjutancy of the Chief of Staff of the SA as SA liaison officer for the Reich Ministry of Justice with the rank of Sturmbannfuehrer of Obersturmbannfuehrer. The highest rank I attained in the SA was that of SA-Oberfuehrer. Besides I was a member of the NS Welfare Organization, the Reich League of German Civil Servants, possibly the Reich Truck Drivers' League and the soldiers' league. From September 1944 on I was deputy chief of the National Jurists' League (Member since middle or end of 1933).
"I am holder of the bronze party service decoration (conferred in 1941) and the golden party decoration (conferred in 1943)."
I shall go to the last paragraph which I want to read on Page 24.
"From November 1929 to March 1933 I was court assessor of the Prosecuting Authority of Dresden. From March 1933 to March 1935 I was advisor and adjutant of the Minister of Justice of Saxony, Thierack, in Dresden. In the meantime, on 1 May 1933, I was appointed Public Prosecutor of Saxony and on I May 1934 Chief Public Prosecutor of Saxony. On 1 April 1933 I was assigned, besides other duties, to the Reich Ministry of Justice as advisor in political penal.