THE PRESIDENT: Any cross-examination?
The witness may be excused.
DR, FRITSCH (Attorney for the Defendant Baier): May it please the Tribunal, I was not present in the court room when Document Book 14, Exhibit 384 was presented, Exhibit 384 in Document Book 14. I only want to point out briefly one fact. On page 27 of the German Document Book on the left hand corner is the file note in their letters.
THE PRESIDENT: We haven't found the document yet. What is the exhibit number?
DR. FRITSCH: The exhibit number is 384. It is located on page 27; in the German document book on the left upper corner, there is a file note to be treated very severely. In the English document book I have been unable to find this file note at all. I request that the document be submitted in order to discover what file note is actually located on the original document.
THE PRESIDENT: We have no file number on the English copy.
DR. FRITSCH: In the German document book this file note is contained. I have been unable to find it in the English document book.
MR. ROBBINS: Your Honor, I understand the Secretary General doesn't have the photostatic copy. I suggest that we get it at the recess and then we can compare it.
THE PRESIDENT: What is the page?
MR. ROBBINS: It is the 12th page of the document book in German.
THE PRESIDENT: I am trying to find the same in the English Document Book that appears in the German Document.
MR. ROBBINS: It's on 24, almost at the end of the document book.
THE PRESIDENT: Well, on the corresponding page in the English document book that stamp, file stamp, does not appear.
DR. FRITSCH: I only wanted to point out the fact, Mr. President, because I was unable to find it in the English document book, and so far I have been unable to see the original document.
THE PRESIDENT: Well, do you want it to be there or not? Do you object to the file number?
DR. FRITSCH: I only want to clarify this matter, if the file note is actually on the original, because, if it is there, it is also incorrect, I believe, Mr. President.
THE PRESIDENT: You mean if it is there, it should not be there? It is wrong?
DR. FRITSCH: I am trying to say it is located within the German document book and even if it is on the original document, then it is incorrect in the German document book.
MR. ROBBINS: One of the two is obviously incorrect. I think we can determine that by getting the original at the recess and deciding which it is.
I think we are at Document NO-1005 in Document Book No. 14. Document NO-1290 has already been offered as Prosecution's Exhibit 60 in Book No. 3. I offer NO -- this is at Page 51 -- I offer NO-1005 as Exhibit 390. This consists of two letters. The first part of the document is a letter from Defendant Hohberg to the Defendant Bobermin, dated 9 February 1943, stating that all available auditors have been ear marked for special tasks to be carried out by Globotcnik and Hohn. The second part of the document is an earlier letter dated 29 January, 1943, from Bobermin to Hohberg asking for auditors and the first part of the document is Hohberg's reply.
At page 43, I offer Document NO-1569 as Exhibit 391. This is a memorandum by Hohberg listing unfinished jobs of Staff W.
At page 59 I offer Document NO-1563 as Prosecution's Exhibit 192.
THE PRESIDENT: 392.
MR. ROBBINS: Excuse me, 392. This is a circular letter which Defendant Baier stated that there will be a conference held at which final balance sheets will be discussed.
At page 61, I offer Document NO-1213, as Prosecution's Exhibit 393.
This is a letter from Pohl to all the chiefs regarding the accomplishment in the armament works.
Pohl states: "On occasion of the birthday of the ReichsfuehrerSS I had merely written him a letter giving him a few main figures on our armament output.
"How sound my choice was and how well the Reichsfuehrer-SS was pleased, is apparent from the attached copy of his acknowledgement."
Then he states he is inclosing that acknowledgment.
The second part of that document is Himmler's letter to Pohl stating:
"I thank you most heartily for your kind letter, your good wishes and your report on what you, your men and the prisoners under their direction achieved for the military power of Germany during this war. You certainly could not have made me a more welcome present than this report. I know that I will be able to rely on you, my old and faithful friends, among whom I count you for many years, during the coming year of my life which coincides with our hardest times and the final phase of our struggle."
On page 63, I now offer NO-1913 as Exhibit 394. This is a cable from Gruppenfuehrer Wolff regarding the Clinker Stone Factory at Linz. It reads in part as follows:
"General Director Pleiger of the Hermann Goering Works, Berlin, wants to use together with us the entire Clinker output of the Hermann Goering Works in Linz for moulding cast Bricks etc. by detainees and to give a 50 percent share in the enterprise supposed to be very lucrative."
The following document follows up the work at Linz. This is at page 65, NO-1914 which I offer as Exhibit 395. This is a letter from Hohberg to Pohl reporting on a conference regarding the Clinker Works at Linz. He states at the conference, the following people were present; Hohberg, Volk, Schwarz of Dest, Heinrich of Dest and others.
It says: "SS-Hauptsturmfuehrer Schwarz stated that the output of the detainees amounted only to l/4 or l/5 of the labor output of a normal worker and that consequently more detainees are to be employed than originally planned."
On page 2 of the original, "The working capacity of a detainee will temporarily be estimated at the value of l/5 of a worker's normal wages."
At the end of the letter, the distribution list shows copies went to Kammler, Mummenthey and Mauer.
JUDGE MUSMANNO: What is meant, Mr. Robbins, if you know by that handwritten note, "nonsense"?
MR. ROBBINS: I see that is written at the point, according to the asterisk, of the first paragraph. I do not know whose handwriting that is.
The last part of the document is a memorandum Pohl concerning the agreement. Perhaps we can come back to that later.
THE PRESIDENT: Of course you will have that right.
DR. HEIM: Thank You.
MR. ROBBINS: May I ask the Secretary General to bring those documents in at the recess?
The document NO-1915 shows that this memorandum went to Mauer of Amtsgruppe D, Eirenschmalz of Amtsgruppe C, and Mummenthey of W-1 and Hohberg of the W staff. It states that Hohberg will handle the transaction establishing the Clinker Works at Linz.
I next offer NO-1916 as Prosecution Exhibit 397. This is a letter from the Defendant Hohberg to the Defendant Pohl regarding the agreement with Goering Works concerning the establishment of the Clinker Works at Linz. On the last page of the letter, reference is made to the fact that the SS will put prisoners at the disposal of the Goering Works. Copies of the letter went to Mummenthey, and Volk. The first page of the letter states that at a conference Mummenthey Hohberg were present.
The next document at Page 71 has already been offered in evidence. This is Exhibit 59, in Book Number 3, Document NO-1912.
I next offer Page 72, NO-544 as Exhibit 398. This is a copy of an extract from the German Commercial Registry showing the positions of Pohl, Wenner, and Volk in the DWB. It shows on the next to the last page of the document that Georg Wenner was what is called a certificated merchant. I think there may be some error in the translation. I will have to check that. Also, Confidential Clerk, Volk; Ministerial Director, Oswald Pohl.
On Page 79, I offer NO-2163 as Exhibit 399. This is a contract between the DWB AND Volk, hiring Volk as executive manager.
Paragraph Number 2 states: "It is Herr Dr. Volk's duty to manage the business transactions of the DWB with the care as benefits a proper business man."
JUDGE MUSMANNO: "Befits."
MR. ROBBINS: "Befits," yes.
The Tribunal will recall that the DWB is the parent holding company which had control over all of the SS industries.
"It is Herr Dr. Volk's duty to undertake, without separate remuneration, further duties which exceed the ramifications of the work outline in paragraph 1, which arise in the management of the companies which are under the supervision of the Reichsfuehrer SS, WVHA."
This concern was under the control of Staff W.
I next offer Document NO-1281 at Page 84 as Exhibit 400. This is a business statement of the DWB by Pohl. It states that the DWB is the sole partner of the Clinker Cement, Ltd, at Posen. The profit is also stated there.
At Page 85, I offer Document NO-845 as Exhibit 401. This is the code of procedure of the DWB. Article I states: "This code of procedure shall be valid for the 'German Economic Enterprises, Incorporated,' their subsidiary companies and such establishment, in which the 'German Economic Enterprises," have an indirect or immediate share of at least 50 per cent of the capital, as well as for all enterprises under the supervision and administration of the WVHA."
Article II provides: "The Chief of the Main Office is the 1st Manager and in that capacity the director of Economic Enterprises of the SS. His deputy is the 2nd Manager of the 'German Economic Enterprises, Incorporated.'" Article II provides:
"Assistants to the Chief of the Main Office in his tasks are (1) the Chief of the Economics Department, (2) the Amts Chiefs."
At Page 4 of this same document, the duty of Chief W is set out. This refers to the Chief of Staff, W, which at one time was Hohberg, and later on the Defendant Baier Article 8 states: "The Chief W is the economic advisor of the Chief of the Main Office."
Article 10, of the code of procedure provides that the Chief W has under his authority Staff W.
Article 11 sets out the duties of the Office Chiefs under Amtsgruppe W.
The balance of the document consists of file references and references to various industries under Amtsgruppe W and under the DWB.
At page 115 I offer document No. NO-2176 as Prosecution's Exhibit No. 402. This is a report by Volk on the statement of balance and profit and loss of the public utility, Cooperative House and Home Building, Ltd., which was another concern under Staff-W. Paragraph No. I provides, "The company is incorporated in the WVHA of the Reichsfuehrer-SS in organization, personnel business matters. The shares of the business are in the hands of the firm Dest. This company is likewise an organization of the Reichsfuehrer-SS, and has acquired the shares of the business as trustees of the SS and administers them as a trustee for the SS." Paragraph 1 under Roman numeral I the business manager is stated to be Mummenthey as business manager was recalled as of 1 September 1941, and Dr. Leo Volk was appointed as the new business manager. His work was on an honorary basis.
Under Roman numeral II, sub-paragraph B, you will note a statement in the war year of 1941 the company was occupied with the new acquisition and the management of one family houses, which were partly purchased from non-aryan estates. At page 3 of the document there is a statement, "In order to at least partly alleviate the growing housing emergency among the members of the Main Office, the Company, on the advice of the board of directors, acquired the following pieces of one family real estate for the purpose of renting them to members of the WVHA," and then there is a list. This is at page 3 of the original. Then under the list of seven properties acquired there is a statement, "All of the above mentioned pieces of real estate come from non-aryan estates, and were purchased for the most part at prices regarded to be advantageous."
I next offer document at page 135 --
THE PRESIDENT: Suppose that is advantageous to the WVHA and not to the non-aryans.
MR. ROBBINS: I am sure of that.
I offer document at page 135 of the document book, NO-2178as Prosecution's Exhibit 403. This is a letter signed by the defendant Volk of the Public Utility Dwelling and Homestead, Ltd. at Dachau, stating, "By order of the Obergruppenfuehrer I have today taken over the duties of Dr. Hohberg as Chief of Staff W. Henceforth the administration and all employees of the Building and Real Estate BMBH, and the Cooperative House and Home Building GMBH, Dachau, belong wholly to Staff W."
The last document in this book is NO-1048. I offer it as Prosecution's Exhibit No. 404. This is a letter signed by the defendant Pohl to all of his chiefs. He said, "I herewith give instructions for all Economic Offices in future to submit all matters of importance to SS rigadefuehrer Loerner in his capacity of co-director of the DWB for his comment and signature, before being passed on to me."
DR. HAENSEL: Dr. Haensel for the defendant Georg Loerner. In the German Document Book it is seen in the paragraph after "for his comment and signature", in this document, a stamp in it of "such relation." "Such relation" means that this document would have to be circulated around to the various departments where circulation actually took place. Georg Loerner disputes this as having taken place. I, therefore, request that the Prosecution be asked to present their remainder of the document as to the circulation, if that is at all possible.
MR. ROBBINS: I don't think the document shows that anything is missing. The circulation is shown at the top of the document as to "The Chief of Office W-I through to W-8, Staff W." Do you see that? Well, again, I shall examine that with the defense counsel at recess to see if anything is missing.
The next document, turning to Document Book No. 15, is the first document NO-1035. I offer that as Prosecution's Exhibit No. 405. This is at page one.
judge musmanno; Just a moment, Mr. Robbins.
MR. ROBBINS: Yes. This is a letter from the defendant Hohberg to Pohl concerning charges for the inmates labor. I might say that all the documents in this book concern charges for the use of inmate labor, which apparently was the function of Staff-W. The first paragraph of Hohberg's letter to Pohl reads: "The advantage of low prisoners' daily ages at RM 0.30 will become evident in the workshops employing prisoners only when all prisoners are aptly assigned to their jobs. Whenever prisoner work comes close to the work performed by free labor, calculations basing on actual prisoners' daily wages are rated so low as almost to cause uneasiness in the production branch concerned due to cheap offers from plants employing prisoners." In the third paragraph he proposes to eliminate the special advantage of daily wage in the following manner: "It is proposed to eliminate the special advantage of low prisoners' daily wages by the following method: "In the future prisoners for SS-run shops will no longer immediately be placed at the disposal of such shops, but will be turned over to the Reichsfuehrung-SS in its capacity as a Party organization, and represented by the SS-Chief Office for Economic Administration. The Reichsfuehrung-SS as a Party organization will then make prisoner labor available to the firms concerned at rates in excess of RM 0.30. The difference between RM 0.30, as payable to the Reich and the prisoner's daily wages charged by the Reichsfuehrung-SS to the firms, will be collected by the WVHA to be turned over in full or part to the "Lebensborn e.V." This is an organization the Court will recall which was the institution promoting the birth of illegitimate children. The literal translation is "Born of life" and known as "Hitler's children." The letter is signed by Dr. Hohberg.
The next part of the document is stamped "German Economic Plants, Ltd." DWB, addressed to "German Equipment Works, Ltd." - DAW, and concerns the balance of the account.
The next document in the document book is NO-1289. I offer that as Prosecution's Exhibit No. 406. This is on page 4 of the Document Book 15. This is a letter by the defendant Pohl, the first part concerning pay for concentration camp inmates, giving the wage scale which were established as of that time, 30 December 1942, which were to be valid from 1 January 1943. The last part of the letter is from Hohberg -- the last part of the document is from Hohberg to Maurer of Amtsgruppen D, and referring to the first paragraph, "Jewish prisoners enterprises in Lublin," he states in the second paragraph: "It is therefore possible to determine for any chosen period exactly what profits were derived by the employment of Jewish prisoners."
The next paragraph he states, "This is to be done in such a way that for the first quarter of 1943 an exact computation of the profits 'from the employment of Jewish prisoners' is to be made, and the amount arrived at is to be handed over. The letter is signed by the defendant Hohberg.
At page 7 I offer NO-736 as Prosecutions Exhibit No. 407. This is a memorandum by Dr. Wemner to one of the business managers of DAW. The memorandum contains a profit analysis, and proposal for establishment of a sound basis for the DAW enterprises. In the first paragraph he said: "A critical view of the balances and profit and loss accounts of the W-enterprises are far too high compared with the profits of other similar enterprises, and that considering the turnover, or the necessary capital our enterprises do not follow the guiding principles which war imposes on economy by paying excess profits tax. What are the causes for such high profits." The rest of the memorandum consist of investigation of the reason for the high profits of the SS industries.
At the bottom of page one of the original he says:
"The cause must therefore lie exclusively on the expenses side of the W-enterprises, i.e., the manufacturing costs are generally speaking too low compared with the normal expenses of other firms."
On the following page he says:
"There are two reasons for this:
"1) Members of the SS have been detailed for work in our W-enterprises.
"2) In many W-enterprises most of the workers are prisoners. The money which the enterprises have to pay to the Reich for each prisoner does not on the average correspond to the work done by a prisoner. If, e.g. the prisoner were replaced by a civilian worker the enterprise would normally have to pay a larger sum. The enterprises working with prisoners, therefore, save on wages, and this results in increased profits, which yet are not based on efficient management or good organization."
At page 4 of this document, just under "page 4 of the original", paragraph number two, Dr. Wiener says:
"The wages bill for a prisoner put at the disposal of the firm should be established, according to his actual achievements."
Then at the bottom of that page he gives an example:
"The profits of D.A.W. for 1944 amount to about RM 4,000,000. D.A.W. employes about 15,000 prisoners. Prisoners pay amounts to RM 3".
I might say that "prisoners' pay" should be in quotation marks because the pay was not paid to the prisoners out rather by the SS concerns to the staff of the WVHA, which theoretically was then turned over to the Reich, but a large part of it was actually kept by the WVHA."
"Prisoners' pay amounts to RM 3, or 1,50 per head per day. If the pay per prisoner per day only amounted to one Mark more--"
And here he is debating the advisability of increasing the charges for inmate labor:
"--the firm's wages for one year would be RM 4,500,000 more. Quite apart from the manager's wages, etc., D.A.W. would already show a loss of some RM 500,000."
Then he goes ahead to discuss the advisability of reducing the profit, at least on paper, of the industries, and he suggests that the wages, so-called wages, far prisoners be increased so that the profits will be decreased so that less will have to be turned over to the Reich officials.
THE PRESIDENT: Recess.
THE MARSHAL: The Tribunal is in recess for fifteen minutes.
(A recess was taken.)
THE MARSHAL: Please take your seats.
Tribunal No. II is again in session.
MR. ROBBINS: The discussion we had before the recess concerning the handwritten note, and the problem there, I think we have cleared up. This is at page 32 of Document Book 14, and it is paragraph 24. The handwritten note is in the English copy; it is in parentheses, after the paragraph. It is "Dr. H. to be treated dilatorily", d-i-l-a-t-o-r-i-l-y. I don't think the point is of any importance, however. The English book is correct. I think the word was misspelled in the German. The words is "dilatorily." I think that the only document in the remainder of this book which I need to refer to specifieally is the document on page 37.
THE PRESIDENT: Do you want to offer the others?
MR. ROBBINS: I want to offer the others, but I think it is necessary to refer only to this one.
THE PRESIDENT: Let us have them offered in order, Mr. Robbins.
MR. ROBBINS: I should like to offer NO-527 as Exhibit 408. I might say that the balance of this book consists of documents. It is simply to show the correspondence back and forth between various members of Amtsgruppe W concerning the so-called prisoners wages. I don't think it is of any importance to establish what the wages were in each of the industries, although that is shown by the documents. They are presented primarily to show the knowledge on the part of the defendants mentioned in the documents - knowledge of the fact that inmate labor was being used in the "W" industries.
At page 29 I should like to offer Document NO-580as Exhibit 409; page 42, NO-503 as Exhibit -410; page 34, NO-530, as Exhibit 411; NO-529 as Exhibit 412.
NO-515 as Exhibit 413; NO-514 as Exhibit 414; Document NO-518 as Exhibit 415; Document No. NO-531 as Exhibit - at page 55NO-513 as Exhibit 416. I am sorry, it is 531
JUDGE SPEIGHT: What is the exhibit number?
MR. ROBBINS: Four hundred sixteen. At page 46, I offer NO-528 as Prosecution Exhibit 417. The following document, 507, has already been offered in evidence and is Exhibit 86 in Document Book No. IV. At page 50, I offer Document NO-509 as Exhibit 418. Page 53, NO-516 as Exhibit 419. At page 62, NO-653 as Exhibit 420. At page 65, NO405 as Exhibit 421. At page 68, NO-406 as Exhibit 422.
DR. FRITSCH (Attorney for the defendant Baier): If it please the Tribunal, unhappily, I must state here that I can not even follow the number of the pages here and I must apologize here if I come back to a document which has just been submitted; I don't know which exhibit number it has been given, Document 527.
MR. ROBBINS: That is at page 13.
DR. FRITSCH: On pages 34 and 35 of the German document book. I object to the submission of the file number on page 35 of the German text and point out that this by the heading must be a file note to enclosed draft concerning now wages for inmates. They are not in the files, is not signed, doesn't show a signature, nor has it got a file number and there is no way possible to identify who made this file note.
MR. ROBBINS: I believe the counsel is referring to the memorandum on page 14 of the English document book "Memorandum on the enclosed draft concerning now rates for prisoners", is that correct?
DR. FRITSCH: Yes, that's it.
MR. ROBBINS: I will ask Mr. Siebenschein to see if the original is signed. That is the memorandum headed, "Memorandum on the enclosed draft concerning the new rates of prisoners wages."
MR. SIEBENSCHEIN: No, it is not signed.
MR. ROBBINS: Will you show it to the court, please.
THE PRESIDENT: Is that the whole first document, page 14?
MR. ROBBINS: That is the way we found it, Your Honor.
THE PRESIDENT: Where is it in the English document book?
MR. ROBBINS: It is at page 26 of Document Book No. 15.
THE PRESIDENT: I was trying to find it on page 14, and it didn't look anything like it. Well, it is an unsigned document, unidentified.
MR. ROBBINS: That is correct. That is the way we discovered it. I don't remember specifically about this document. I think it was found at the WVHA building in Berlin by Mr. Siebenschein and he tells me that is the way it was found in the basement of that building.
THE PRESIDENT: Then on what theory is it admissible as an official document?
MR. ROBBINS: As a captured document, Your Honor.
THE PRESIDENT: I think, Counsel, on that theory it will have to be admitted, but the fact that it is not identified nor signed will be considered in determining what weight it is entitled be.
MR. ROBBINS: On that same page in the English Document Book, I might call the court's attention to the fact that in about the middle of the page "Pfeffermuehle" should be translated "pepper mill" in English. It's not an important point.
DR. FRITSCH: If the Tribunal please, "Peppemill" can be a name, the name of a man, for instance, and it can also be a factory. It can not be identified.
MR. ROBBINS: I don't think it's an important point.
THE PRESIDENT: Does it make any difference whether it is a man or a factory?
DR. FRITSCH: It could possibly become of some importance.
THE PRESIDENT: Well, we'll determine whether it is a man or a building after it becomes important.
MR. ROBBINS: At page 68, I should like to offer NO406 as Document 422, Exhibit 422. The following document on the next page, NL-414, I should like to offer as Exhibit 423.
On the following page, page 70, I offer as Exhibit 424, Document No. NO-370. At page 72, I offer Document NO-375 as Exhibit 425, and the last document at page 76, NO-510, as Exhibit 426. I think there is one correction I should make. The third from the last document should be NO-379, that is, rather than 370, as Exhibit 424. I should like to call to the court's attention that the document on page 37 of the document book was Exhibit 413, Document NO-515. This is a memorandum which gives the industries which employ prison labor under Amtsgruppe W. The memorandum states that W-V and W-VIII were not checked at that time.
I should like to turn to Document Book No. 16. The first part of this book concerns the organization and function of Amtsgruppe W-I. Under W-I was the Deutsche Erd- und Steinwerks, DEST. The first document is one dated 18 July 1940 and sets out the organization of the Dest. The first paragraph states "The Dest was declared to be a W-enterprise with memorandum of 27 April 1940 by the Reich Minister for labor, also including plants: Hamburg, Oranienburg, Weimar, Flossenburg, and Mauthausen." The defendant, Mummenthey was head of Amtsgruppe W-I and in charge of the Dest industry. Paragraph 8 states that "Motor cars are provided by the Reichsfuehrer-SS as well as spare parts, tires and fuel." Paragraph 10 "The Minister of Justice has, for reasons of fairness released us from all fees from case to case." Paragraph II, subparagraph "a", "Trucks, running with a SS-number for the DEST are free from taxes."
On page 6 an organizational chart is found. This also is a captured document which gives the organization of Office 3 which was the precursor of Amtsgruppe W. At page 7, there is found the statement "The enterprise is an agency of the Reichsfuehrer-SS.
Its task consists in the first line of concentration camps for the procurement of building material for a common benefit."
At page 18, I offer Document NO-1276 as Exhibit
THE PRESIDENT: You didn't give this a number.
MR. ROBBINS: I'm sorry. This is Exhibit 427.
At page 18, I offer Document NO-1276 as Exhibit 428. This is a letter from Defendant Mummenthey to Pohl, Chief of the WVHA, stating that the Deutsche Erd- und Steinwerke should remain an inmate enterprise. In the first paragraph he says, "In our capacity as managing director of the DEST, we still adhere to the principle that it would be advisable to keep the present form of this enterprise as a typical enterprise run on prison labor." Signed by Salpeter Mummenthey.
At page 19, I offer Document NO-1972 as Exhibit 426. This is a letter from the chief of - This consists of two letters, the first is from the leader of the exterior bureau I/5, signature by Grimm - the first two letters, GR - concerning the release of prisoners who are engaged in important work locations and addressed to the Manager, DAW and the DEST. He says, "Referring to the above reference letters of the Inspector of Concentration Camps, the main section I/5, exterior Bureau Buchenwald, request a report of those prisoners, who are occupied on important work locations and therefore, in case of an intended release, can not be immediately released or exchanged." The following letter, a part of that same document is from the DAW. The signature on that document is illegible. It is on the letterhead of the DAW and addressed to the Main Office, Budget, and Buildings, and refers to the fact that prisoners can not immediately be released in the event they are working on important work details."
The following document, NO-1273, I offer as Exhibit 430. This is at page 21. This is a memorandum from the Legal Department and states the purpose of the DEST at paragraph 6. "The exploitation of stone-quarries, the produce of natural stones, the production of bricks and clinker-stones, the undertaking of road-building, the operation of all the other affairs connected with the produce of stones and utilization of earth, and the undertaking of affairs or the participation in affairs which are suitable to promote the aforementioned purposes." It states that Pohl and the DWB are partners in the Dest. The manager is stated to be Mummenthey. The date, which is illegible on my copy at paragraph No. 4, sub-paragraph 2, SS-Sturmbannfuehrer Mummenthey since 20 September 1939, that is. Paragraph 11, the various plants under the DEST are listed, clinker works at Oranienburg, Hamburg, Weimar, Mauthausen, Flossenburg, Gross-Rosen, Natzweiler, and Oranienburg stone production works.
The following document at page 24, NO-1274, I offer as Exhibit 431. This is a report on the workers which were sent by the DEST to the DWB.
At page 26 of the English Document Book, page 3 of the document, page 2 of the original, I think, "the assignment of Detainees: there were occupied in a daily average:" and then for 1940 and 1941 various numbers are listed and up to May 1, 768.38. On the last page of the document other numbers of detainees working are given. The stamp at the bottom of the page is 11 June 1941.
At page 29, I offer Document NO-1022, as Exhibit 432.
This is a letter from Mummenthey to Hohberg regarding credit with the German Gold Bank. About the middle of the letter this statement is found: "In connection with the conferences at the time had been submitted the very detailed plans of the works Flossenburg. It is the same by Flossenburg, Mauthausen and other plants.
THE PRESIDENT: Who wrote this letter?
MR. ROBBINS: This is by Mummenthey. It is shown on the index, but it is now shown on the stencilled copy of the translation.
At page 31, I offer NO-1009 as Exhibit 433. This is initialed by Pohl. A small initial appears at the bottom of the page V, DV, presumably Volk, Dr. Volk. It states that Mummenthey will assume direction of Office W-I, and is dated 7 October 1941.
At page 32, I offer NO-789 as Exhibit 434. This is a memorandum by the DEST. This is a series of documents. The only one I wish to refer to is second one signed by the Defendant Sommer, dated 19 January 1942 concerning the employment of ethical German specialists at Oranienburg.
The following document NO-541 I offer as Exhibit 435. This is a chart which shows the turnover and staff of the DEST. The second part of the chart, the third column refers to prisoners employed and the numbers for the various months are given. This also is a captured document.
At page 39, I offer Document NO-1049 as Exhibit 436. This is a monthly report by Mummenthey to Bobermin on the DEST. The second page of the document, the reference is made to camp inmates and the various employment figures are given there at the bottom of the second page, a summary at the bottom of the third page, page 41 of the English Document Book. The balance of the document concerns the descriptions of the operations of the DEST for the months indicated there.