MR. WOOLEYHAN: I repeat, I did not hear what the Counsel said. Does he have an objection to make at this time?
THE PRESIDENT: There has been no objection.
DR. GRUBE: I have not objected against the document as such. I only ask to reserve the right to make a motion for corrections as I found that our c*** contains several mistakes which obviously do not a roe with the criminal.
THE PRESIDENT: That is one of the translation problems that has not yet been arranged for nor solved.
MR. LA FOLLETTE: Your Honor, I have just been advised that was an objection to the translation. I met with Dr. Briefer and Dr. Schilf, and I think we have reached, in substance, an understanding of an orderly method of handle this. It does not require Counsel to make their objections now in order to protect themselves, and certainly I want the record to show that Dr. Grube was protected in his objection until we can present the Court with a written stipulation and agreement. I have not had a chance to write it because I have with the witness ever since we met and I think other people ore in the same shape.
DR. SCHILF: I do not know what Dr. Grube's objection referred to. The Prosecution has mentioned that we have already made an agreement concerning the question of translation, but if this objection of Dr. Grube's does not refer to the translation, then this would not be applicable.
DR. GRUBE: My objection in this case does not refer to a translation. is because in this case we only have a copy of the German original. This is a mistake which was made when the criminal was copied.
MR. LA FOLLETTE: If the Court pleases, this whole problem could be avoided very neatly if the Counsel would care to examine the criminal which we have here. Either there is an objection or there is no objection. The Prosecution would like to know when to proceed. I am sure I do not understanding the character of the objection.
THE PRESIDENT: There is no objection as far as I know.
JUDGE BRAND: If I understood the Counsel for the Defense, he said that German copy of the German criminal is not quite accurate; that certainly is a matter the Prosecution can adjust, if there is any discrepancy between the German copy and the German criminal.
MR. LA FOLLETTE: Yes, may I say also that this is one cf the things that is contemplated being adjusted, and the transcript, except for the purpose cf study, the English copy and version is the one that the Counsel must be the most concerned about rather than the inadequacies in the German copy.
MR. WOOLEYHAN: Reading now from document NG-659, a sworn affidavit:
"I, Ernest Franz August Lautz, Senior Reich Prosecutor at the People's Court from 1 July 1939 until the end of the war, hereby swear, state and declare:"
Skipping new to page 12 cf the English copy, the first complete paragraph.
"There were numerous cases of Polish workers who had left their place work in Germany and had attempted to o abroad. I do net believe however that the total number cf persons accused of this offense by the Reich Prosecution amounted to more than 150 to 200. It is, cf course, very hard for me to remember these figures now.
"We were officially notified that there existed an organization in Switzerland which gave help on a large scale to fugitive Poles in order to enable them to join the Polish Legion. As far as we know, this polish Leg existed in England, but in Africa, too, Polish units were fighting. When Pole crossed the Swiss border, there was sufficient reason to suspect that he wished to join this organization, particularly in the presence of additional incriminating circumstances, such, as in the case submitted to the fact that he was notoriously reluctant to do work and thus evidently did not have the intention to seek any employment, and provided that hence not be present proof to the contrary. But, if he would go abroad in order to fight on the enemy side against the Reich, this constituted, according to German law, a clear case of aiding and abetting of the enemy, in accordance with paragraph 91 (b) of the Penal Code; for paragraph 91 (b) of Penal Code states clearly: 'Whoever proposes, within Germany, or as a German outside of Germany, to aid an enemy power or to harm the Armed Forces of his own country will be punished in such and such a manner.
' All Senates of the People's Court shared this point cf view insofar as they were concerned with such matters, and punished such cases accordingly. There else occurred some cases which we believed the defendant when he said that he would not have joined the Legion, but had tried to escape into Switzerland for some other reason. The sentence, included in the verdict shewn to me: 'Investigations have shown that the accused was lazy and afraid cf work, so that there is no reason to suppose that he wanted to seek employment in Switzerland,' was included to counter the statement cf the defendant that he has wanted to go Switzerland only to find better work. But it should not have been expressed in the form of an invective. The statement that, while he had known that somewhere there existed a Polish Legion, but that he had net known that Switzerland had anything to do with this, and that he did not have the intention to be drafted into this Legion, can be regarded as a backhanded admission of guilt, in view cf the fact that many Polish workers before him had found their way into the Polish Le ion by way cf Switzerland, that the existence cf the Legion in Switzerland was widely known, and that the man was afraid of work.
"The political penal cases were entirely repugnant to me, partly beca** in political cases one has to work so much with circumstantial evidence. For example: this Pole we had to assume to be a violent opponent of the Reich. He had had a job which he did not like, and he wanted to go away. He went Switzerland. He could have gone elsewhere, but this was the only hole that was left open to him. Now it is clear that by crossing the Swiss border, if he intends to join the Polish Legion in Switzerland, he is aiding and abett** an enemy power. In looking at the case in a. purely political manner, this conclusion is evident: This Pole wants to dc what his comrades did before him. We had to cite the penal Decree against Jews and Poles in the Occupi** Eastern Territories of 4 December 1941, because it provided for other penal. I intentionally did not cite article 1 cf this decree in my first indictment since I did not consider this necessary in view of the cases which we were then handling. Later, I was instructed to cite it."
That is the only portion cf this affidavit which the Prosecution desires to read at this time. We will now offer it into evidence. We reserve the privilege, if the Court please, to refer t c other portions as may be necessary from time to time in the future.
THE PRESIDENT: It may Re received in evidence.
DR. GRUBE: Play it please the Court, our colleagues contend that the phrase was written by hand afterward, by the defendant Lautz. This particular passage has net yet been read. cut. As the document has now been or is going be introduced as evidence in full, I would ask you to give me an opportunity to have this mistake, which is most important to me, to have this mistake corrected. We are concerned in the German text with the passage on pare 12, the third lino from the bottom. The word "ursprunplich", original. In the original text, written by hand it says "vermutlich" presumably.
MR. WOOLEYHAN: If the Court pleases, this objection, we submit does not become important in view of the fact that the English translation which is no in the Court's hands, and from which I read. This translation was made from the original exhibit which is about to be introduced into evidence and not from the German copy which is not an official copy.
DR. GRUBE: Up to now I had not had an opportunity to study the English of this affidavit, from my point of view. I should like to be allowed an opportunity to do so. perhaps it would be done in this way. The document perhaps could only be admitted with a reservation.
MR. WOLLEYHAN: If the Court pleases, the Prosecution submits, the presentation of its case in chief should not be burdened by actions cf the Defense Co*** in not examining evidence that is filed for their benefit and for this very purpose. We have receipts that this document was delivered to the Defense s* days ago and which offers them ample opportunity to examine it before trial. Subject to any conditional admission of this document.
THE PRESIDENT: Re see no valid round for objections to the introduction this document, the criminal document. If there is some real error then the Counsel can point out this in the English translation, and it can be brought the attention of the Tribunal at any time, and if not, before the State closed its case, then in the defense this can be brought to cur attention.
You have every opportunity to bring it to cur attention.
DR. GRUBE: Thank you very much.
MR WOOLEYHAN: The document under discussion is now offered in evidence as Prosecution's Exhibit 126.
THE PRESIDENT: I think the Tribunal has already ruled it admissible an we will now repeat that ruling.
MR. WOOLEYHAN: If Court and Counsel will please now turn to Document NG-419 in Document Book 3-A which in English is found on Page 56. In the German Document books there is no last page to NG-419 which was in adverted omitted in the assembling of those books.
JUDGE BLAIR: Will counsel give us that Page? Again we don't have those documents here and if you will give us the page so we can refer to in our document book?
MR. WOOLEYHAN: Certainly. The document is on page 36 of English Document Book 3-A.
JUDGE BLAIR: What's the number of it?
MR. WOOLEYHAN: Document NG-419. This missing last page of Document NG-419 in the German book was supplied as extra page and delivered to the defense on the 11th of March. In the event that the defense have not brought those with them we have some extra, copies of this last page which we will now distribute. This document begins with the letterhead of the Supreme Command of the Wehrmacht, OKW, the Foreign Affairs Office, Counter-intelligence, and it's stamped "secret", dated Berline 31 May 1940. It's address to the Reich Minister of Justice. Its subject is illegal trespassings of border-line, the Czech Legion in Franco.
MR. WOOLEYHAND: And handwritten into the left-hand margin at this point are, among other things, the following; and I am reading now from page 63, in the English Document Book and in the German Book is the Page * just distributed. I repeat: handwritten on the margin of the letter at the juncture of the letter appears: "How many sentences have already been pas** in these cases? What was the legal basis for the sentences?"
THE PRESIDENT: You say that's on page 63 of the English?
MR. WOOLEYHAN: Yes, your Honor. Now, to page 36 of the English -- continuing with the letter upon which the marginal notation I just read was entered:
"From the Counter Intelligence Post Prague the following is reported:"
"Because of illegal trespassing of the frontier almost 500 persons have been arrested during the last four months within the area of the branch office of the Counter Intelligence Brno. Proof for the intention of the arrested to join the Czech Legion abroad, could be furnished in three fourth of the cases by objects found (military identification papers, maps, foreign currency etc.) and in part by confessions. Since this constitutes a misdemeanor according to Par. 91b, the Secret State Police, Gestapo Ah (Brno) handed these convicted parsons continually over to the Military Court.
"At a recent discussion, at the Secret State Police in (Brno), it was found that the cases finished by the State Police are handed over to the Military Court in (Brno) and from there are passed on through the appellate Military Court in Prague to the Chief Military Prosecutor in Berlin.
"In this connection the Counter Intelligence Post in Prague states as follows:
"1.) The cases of illegal trespassing of the frontier with the intention to join the Legion are becoming so numerous, that sentences which are a warning example would have to be passed, and this very soon.
"2.) With regard to the tremendously increased work in the field of combatting high - and national treason, the secret State Police in (Brno) respectively in Moravia is understaffed to such an extent, that in addition to these cases it can master the many hundreds of cases of illegal trespassings of the frontier only by extraordinary efforts. In addition to that, new cases are initiated every day.
"3.) The prisons in (Brno) and at the frontier are overcrowded to such an extent that solitary confinement which would be absolutely necessary, has become an impossibility.
"4.) In most cases people are caught by the custom authorities and are handed over to the Secret State Police. Because of the circumstances mentioned in point 2 and 3 it is in many cases not possible at all to interrogate them at once. First of all they are jailed, and discuss their defense with their fellow prisoners. If finally the interrogation takes place, they withdraw their confessions made before the custom-house authorities, and then it takes in most of the cases some weeks until such a defendant has to give in, and makes a confession under the pressure of the evidence.
"5.) After the interrogation, the prisoners arc brought in most cases to Brno and there they are instructed again by their fellow prisoners about their further conduct and advised to withdraw in court the confession made before the Secret State Police. The policy of all these prisoners is to delay the final sentence. It is their in ention to gain time, because they hope - as the entire Czech nation does - for an early change of the military situation, and thereby also in a change of their own situation.
"6.) Under the circumstances mentioned in point 2 and 3 an examination of their political attitude, their education and their mental maturity is practically impossible, and that least of all in the Protectorate. The value of any information about these questions received from Czech authorities, offices or teachers would be extremely doubtful.
"7.) Counter Intelligence lost Prague emphasizes again the urgent necessity of soon passing sentences which are a warning example. The extensive measures have made the illegal trespassing of the border much more difficult, as the numerous arrests prove. This is known to the Czechs too, and they are trying now to force trespassing of the frontier by violence, if necessary. Numerous fugitives, seized during the last days, carried -weapons (pistols, ammunition, knives with fixed handles), and even pepper was found.
Danger exists, that sooner or later they will become united in gangs and will force the trespassing by use of arms. This danger exists the more as up to now it was not yet possible to convince them that an arrested fugitive who had tried to join the Legion would be indicted, and punished most severely, according to the laws concerning high-treason.
"Summarizing the Counter Intelligence request that orders are issued to the competent authorities:
"a.) To bring about a fast and final solution of the problem of the competence of the courts, "b.) to relieve the court prisons in Brno by transferring currently the cases already handled by the State Police, and by accelerating the proceedings "c.) to pass with the greatest speed sentences which are a warning example - this because of the large number of people who try to escape "d.) to give due consideration to the facts reported under points 1-6 and to the extraordinary conditions in the Protectorate, which by no means can be compared to those prevailing in the Reich.
Since the People's Court is competent for the proceedings in the. cases mentioned above, it is requested that, according to the suggestions of the Counter Intelligence in Prague, measures be taken for the relief of the Czech prisons and for the prompt sentencing of the Czechs in question.
"By order of the Chief of the Supreme Command of the Wehrmacht"
MR. WOOLEYHAN: Continuing on page 59 of the English Document Book which is page 70 of the German. This, by the way, is the following page of the original document that I am about to read:
"Extract from the report of the Chief Public Prosecutor at the People's Court about the situation - dated 1 June 1940"
MR. WOOLEYHAN: This report is entitled:
"Non-Marxian high-treason National Czech separatist movement:
"Czech Legion.
"Since the outbreak of the war, numerous cases have been initiated here against subjects of the Protectorate, who tried to leave Germany by secretly trespassing the frontier with the intention to join the Czech Legion, organized in France. They were either seized at the frontier or were caught after having crossed the frontier, and were sent back to Germany. As such defendants made themselves guilty of a crime of preparation for high treason regularly in coincidence with the attempted crime of treacherous armed help to the enemy, I have, as a rule, handed over the proceedings to the Supreme Military Court. As I have been informed now by the legal department of the Supreme Command of the Wehrmacht, the President of the Reich Military Court will decide in the future - on basis of a directive of the Chief of Supreme Command of the Wehrmacht - that no reasons of military nature require that the proceedings in the cases of these Czech legionnaires are carried through by the Supreme Military Court and that therefore all such proceedings, now pending at the Supreme Military Court against about 500 arrested defendants would be transferred to the People's Court."
MR. WOOLEYHAN: The prosecution desires to contract at this point the statement in this report which I have been reading, which is a report of the Chief Public Prosecutor at the Peoples Court, who at the time the report was dated, was the defendant Lautz. I wish to contrast the figure on page 60, which I have just read which states "against about 500 arrested defendants." I wish to contrast that with the figure contained in the Lautz affidavit or portion thereof which was read into evidence a moment ago.
I skip now to page 62 of the English document book, which is the conclusion of the report which I have just boon reading:
"The chief public prosecution of the Reich at the People's Court has been informed of the request of the Supreme Command of the Wehrmacht and has been advised to take measures for the immediate transfer of the arrested from the prisons of the Military Courts in the protectorate to prisons in Germany proper, that is, for the time being to Nurnberg."
At this time the Prosecution offers document NG-419 into evidence as Exhibit No. 127.
DR. GRUSE (Counsel for the defendant Lautz): I raise an objection against the document in so far as it refers to the so-called "Report on the Situation", "Lagebericht". The photostat of the document which is meant to become an exhibit does net show the author of this report; there is no signature. Furthermore, I wish to point out that this report refers to Czech matters, but what is decisive is that there is no signature.
MR. WOOLEYHAN: May the Court please, there are several answers to counsel's objection, the first of which is that this document was found in the original in the form in which it is now offered into evidence, that is, all part and parcel of the same document; in other wards, attached or contained in the same file.
Secondly, its source, so far as authenticity goes, and being exactly what it purports to be on its face, is covered by the Coogan affidavit and other affidavits.
Third, the subject matter of this report objected to by counsel clearly is identical to the subject matter of that contained in the rest of the document and there are cross-references in the report to said subject matter.
Moreover, I don't think that counsel will care to contest the fact that it is clearly relevant in so far as it is entitled, "A Report of the Chief Public Prosecutor if the People's Court." The fact that there is no signature on it, the prosecution submits, in no way detracts from its credibility, but in any event that is for the Court to decide.
THE PRESIDENT: On the last page of the document we find the name "Jaeger", "Signature". I wonder what that means, if there is n signature.
MR. WOOLEYHAN: Your Honor, the page to which y u are referring is the last page of the document. The report to which defense counsel is objecting is contained in the middle of the document.
MR. GRUBE: The document to which I object -- that is, the "Report on the Situation", the "Lagebericht" -- does not include a signature. The signature which Your Honor has just referred to refers to another document; it refers to the note which appears on page 72 of the German document book.
Furthermore, I wish to point out that as far as I understand, the prosecutor stated that this so-called "Report on the Situation" is part of a report by the OKW of 31 May 1940. That is n t correct. First of all, this report from the OKW does not mention any enclosures. Secondly, the letter from the OKW was written on 31 May 1940, whereas the "Report on the Situation", which is supposed to have been written by the Oberreichsanwalt was written at a later date. It refers, as can be seen from the heading, to the period from the 1st of July 1940 to apparently the 2nd of October.
One must also not overlook the fact that entirely different facts have been mixed up. One report refers to Czech matters; the ether to Polish affairs.
What is decisive, as far as the admissibility cf the document is concerned is that this document has no signature.
MR. WOOLEYHAN: May the Court please, upon re-examining the original, the prosecution has this to say in conclusion on the admissibility of this document.
Its actual physical form consists of seven original pages. The Prosecution has certified -- and these cf the people who have furnished us with evidence have certified -- that the document, when originally fund, was in this form.
Secondly, the report to which the defense objects docs bear a signature. In fact, it bears a number of signatures, one of which was picked out by the Bench a moment age. I find the signature here of on Dr. Grohne, whom we described, as far as official capacity was concerned, in the opening statement.
I find a number of other signatures, which, although I cannot read them, lend a definite air of authenticity.
However, what I want to impress upon the Court is that the documents, so far as the prosecution are concerned, were found in this form, which is a normal procedure for a Ministry. We feel that the material is relevant, has probative value, and we again offer it.
DR. GRUBE: May it please the Tribunal, I have already pointed out that this report from the Senior Reich Prosecutor, the so-called "Report on the Situation", was not an enclosure with the letter of the OKW of 31 May. The part which was taken from this "Report on the Situation" and which is supposed to have originated from the defendant Lautz, which is not established, is not covered by the signatures which are mentioned at the end and among which Dr. Crohne is included. Dr. Crohne at that time was in the Ministry of Justice, and not at the People's Curt.
Then, it must not be overlooked that on the last page but one of the document, Reich Prosecutor Ponisius is especially mentioned as having dealt with this matter, and n t Oberreichsenwalt Lautz.
At any rate, this report does in n way show that the defendant Lautz dealt with this matter; and furthermore, two entirely different matters are concerned. In one case Czechs are concerned, and in the other case Polish affairs are concerned.
THE PRESIDENT: Dr. Grube, the Tribunal is prepared to rule on this.
It is a captured document, and it is introduced in the form in which it was found. It is, therefore, covered by the Coogan and Niebergall affidavits, and in accordance with rulings we have made in similar matters we will receive it in evidence. However, you will have the opportunity to bring out the defects you call attention to when the defense comes t their side cf the case.
DR. GRUBE: Mr. President, I hope you will not misunderstand me, but I am of the opinion that if this "Report on the Situation" would have been submitted as a single document, without any doubt it then would have had to be rejected because it bears no signature.
I believe that this defect concerning the extract from the "Report on the Situation" is n t eliminated by the fact that in a separate note there are signatures from officials cf the Ministry.
MR. WOOLEYHAN: Your Honor.
THE PRESIDENT: We have ruled upon it.
MR. WOOLEYHAN: Would it be out f order, if it please the Court, for the prosecution to say a brief word on the probative value we seek to have attached to this document?
THE PRESIDENT: Well, be very brief because we have passed the usual adjournment time.
MR. WOOLEYHAN: I will be very brief, Your Honor. Before we put it in we would like to point out that that prosecution does not contend that the vital report f the Chief Public Prosecutor of the People's Court involved is an enclosure of the original letter from t ho Wehrmacht. It is quite obvious that the Wehrmacht latter was received in time Ministry of Justice, and in the normal process of filing a copy of the Chief Public Prosecutor's report was clipped thereto, which is a normal procedure. This is borne out by the fact that in the German the vital report concerned is clearly labeled, "copy".
THE PRESIDENT: Those matters have already been stated, and we so understand it.
At this time we will recess until Monday morning at 9:30.
"At 1645 hours, 21 March 1947, the Tribunal recessed until 1930 hours, Monday, 24 March 1947.
Official Transcript cf the American Military Tribunal in the matter of the United States of America against Josef Alstoetter, et al, defendants, sitting at Nurnberg, Germany, on 24 March 1947, 0935-1630, Justice Carrington T. Marshall, presiding.
THE MARSHALL: Persons in the courtroom will please find their seats.
The Honorable, the Judges cf Military Tribunal 3.
Military Tribunal 3 is now in session. God save the United States of America and this honorable Tribunal.
There will be order in the court.
THE PRESIDENT: The Marshal will ascertain if all the defendants are present.
THE MARSHAL: May it please Your Honors, all the defendants arc present in the courtroom with the exception cf the defendants Rothaug and Engert, who arc absent due to illness.
THE PRESIDENT: The proper notation will be made.
The prosecution will proceed:
MR. WOOLEYHAN: May it please the Court, we invite the Bench and the defense counsel to turn to Book III-A, document No. NG-355, which is found in page 5 of the English and 75 of the German. Fruity assembly cf this document requires us to read from page 73 in the English Book, 78 in the German, first.
This document begins with a covering letter, letterhead: "The Chief Reich Prosecutor of the People's Court", Berlin, 24 February 1942. Stamped "Secret", "Treason Case". Addressed to the President cf the Second Senate cf to People's Court, "Here". By "here"-- may I interpolate for a moment -- we assume the situs of the case to be in Berlin, since the Chief Reich Prosecutor' office was there, and the Senate to which his letter was addressed, and it states "here".
"Subject: Case against foundry worker Kasimir Kayslinski-Ledwen from Hittlingen (Bavaria), for preparation of high treason.
"Enclosure: One volume cf files; 9 copies of indictment.
"I am sending the indictment with enclosure with reference to my applications made at the end cf the letter".
This letter bears the handwritten signature of the defendant Lautz.
Turning now to pa o 65 of the English book, which is page 75 in the German, we find the indictment to which the covering letter refers. It likewise is stamped, "Chief Public Prosecutor at the People's Court", Berlin, ** February 1942.
"Indictment:
"I accuse the foundry worker Kasimir Kayslinski-Ledwen, born on May 1, 1919 at Buettgen (Governmental District Rheydt), last place of residence Hittlingen (Bavaria), unmarried, Pole (formerly a Polish citizen), allegedly without previous convictions:
"Provisionally arrested on 29 July 1911 and, in virtue of warrant for arrest issued by the District Court in Feldkirch on 8 August 1941, from that any under detention pending judicial investigation at the Feldkirch jail, hitherto without defense counsel:
"I. To have prepared in Fuldkirch and ether places inside Germany in July 1911 continually by the same action the highly treasonable enterprise to separate from the Reich by force a territory belonging to the Reich, the offense having been aimed at the establishment of an organization for the purpose of preparing high treason; to have aided and abetted the enemy inside Germany during a war against the Reich and thus, as a Pole, not to have behaved according to the German laws and to the directives of the German authorities.
"II. To have committed a violent attempt on a German official near Tisis (Vorarlberg) on 29 July by the same action as mentioned under I, that is, crimes against" -- and may I interpolate here, a certain series cf sections of the criminal code which are reproduced in document book II.
"The next item, on page 66, "Essential Result of Investigations". This is still part of the indictment:
"1. The accused is a Pole and formerly was a Polish citizen. He was born as the illegitimate child of Maria Ledwen and was adopted by her husband Kayslinski. About the year 1934, he entered a training school of the French Navy in France, where he had grown up, but soon he had to leave again for health reasons.
In 1938 he and his parents moved to Kielce (formerly in Poland, new Government General), where he was resident on 1 September 1939.
"2. On 2 July 1941 the accused left his place of work at Hettlingen (Bavaria) and went to Feldkirch via Lindau."
May the prosecution interpolate here to supply a seeming gap in the facts? The indictment does not state what the defendant did between 1 September 1939, when it was stated that he was a citizen and resident of Poland, and how he happened to come to Germany in a labor capacity in 1941. That was emitted from the indictment.
"On the following day he was stopped by a customs official near Tisis (Vorarlberg), as he was about to cross the Reich border. He evaded arrest by hitting him with the fist in the face. A patrol, which was sent out, succeeded in arresting him on the same day while he was still on this side of the Reich border.
"3.) The accused states that, following a request by letter from a friend in Charleville in the Ardennes area he had intended, together with his friend, to get to Syria, and there to join the French forces fighting the British. On account of the fact that already on 15 July, as had been announced in the Press at the tine, an armistice had been concluded by the opposing parties in Syria, this statement of the accused does not deserve credence. It may rather be assumed that he intended to join the "Polish Legion," organized on the side of the hostile powers.
"The aim of this Legion, by participating in the fight against Germany to restore a Polish State, comprising the incorporated Eastern Territories, was known to the accused.
"Evidence. I.--"
May the Prosecution interpolate here, the translation reads, "The confession of the accused," but the Prosecution submits that the proper translation should be "statements." The deputy chief prosecutor. Mr. LaFollette, is preparing a written statement of the agreements reached by the defense and prosecution on this translation matter and this word, like all others in question, will be taken up out of court that way. In the meantime the Prosecution wishes to state for the purpose of the record that that statement there should read, "The statements of the accused."
"II. The witness; one Unterweger, Frontier Control Office Tisis."
Signature as deputy -- and as has been seen from the exhibit introduced into evidence Friday, namely the affidavit of the defendant Lautz, we know that the deputy refers to the deputy of Lautz. Signed, "Parrisius."
Part of this same document attached to the covering letter and the indictment which have been read is the People's Court opinion and findings in this case. That begins on Page 68 of the English book and on Page 79 of the German.
"Secret! In tho Name of the German People in the criminal case against the foundry worker Kasimir Myslinski-Ledwen --" skipping four lines -- "for preparation of treason, tho People's Court, 2nd senate,' and there follows a list of judges and prosecutors who sat on the case whose names we will not read -- "has passed the following sentence in accordance with the law:
"The defendant is sentenced to death for endangering the welfare of the German People, a crime committed as a Pole. 24 August 1942. Reasons: On the basis of the statement of the defendant the following facts are tho fining of the trial:
"The defendant was formerly a Polish citizen. He is also a member of the Polish race. He was the illegitimate son of a land girl employed in the Rhineland. Nothing more is known of his parentage. Soon after his birth his mother married a Pole, who adopted tho defendant. When he was four years old the defendant with his mother and his step father moved to France, where they resided in various towns for twelve years. In 1936 they returned to Poland and settled down in Kielce. They were living here on 1 September 1939.
"After the end of the Polish campaign tho defendant reported voluntarily for work in Germany. After having first had another job as a farm laborer which he left, he was assigned to the farmer SPOHNER in Hettlingen (Bavaria) as a farm laborer. Although he was well treated by him, he left this place of his own accord, on 28 July 1941, in order to be abroad. He went via Lindau to Feldkirch and from there proceeded to the Swiss border. On the following day he was stopped by a customs official when he was crossing the frontier. He avoided arrest by using force against the official. He was, however, arrested the same day by a special patrol.
"II. The statement of the defendant and the actual and legal valuation.
"The defendant states that he left his place of work and that he intended to go abroad because he no longer wanted to be treated as a Pole. Ho says he planned to get into France via Switzerland where he wanted to join tho French Colonial Army in Syria. He got this idea through a French friend who had written him two postcards and in these had requested him to meet him in Marseille for this above mentioned purpose.