MR. HART: Next I offer Document NO-1990 as Exhibit 73. This is a letter from Burger of Amt. D-4 to the Chief of Amt. B reporting on the amount of clothing held and used at concentration camps and the prisoner strength of various camps. Again it illustrates the collaboration between the various Ampts. I next offer Document NO-2149 on Page 106 as Prosecution's Exhibit 74. This is an affidavit of Otto Barnewald. He states that from July 1938 to May 1940 he was administration chief at the concentration camp, Mauthausen. From May 1940 to January 1942, administration chief at Neuengamme and from January 1942 to April 1945 administration chief at Buchenwald. He received his training as administration chief at Dachau and states: "My tasks as administration chief of a concentration camp were as follows: a) For the troops clothing, food, billeting, providing of billeting facilities and monetary matters (payroll). b) For the detainees: I had to take care of clothing, food, administration of the property of the detainees and proration of billeting facilities. I received the clothing for detainees from Office B II through Office D LV. I made out the request for Office D IV. Burger (D IV) then contacted B 11 (Lechler) and the clothing was sent directly from B II to the concentration camp. If the clothing was not sufficient, which happened in hundreds of cases, I had to apply to D IV. My attempts to acquire additional clothing were in vain most of the time and lately even hopeless."
He also states that Kar, the physician in charge at that time, complained through official channels of the insufficient clothing with the result that Standartenfuehrer Tschentschner, defendant, received an order from Obergruppenfuehrer Pohl to investigate the conditions at Nordhausen and the affidavit goes ahead to describe Tschentscher's report on those conditions. The affidavit also refers to the rations for detainees from the food office and on the last page refers to the crematory at Mauthausen and its construction, also to the gold which was removed from the teeth of the deceased inmates. He states that "the gold was delivered to me monthly by the dentist together with a receipt, and I sent it over to Burger in D IV every six months."
I next offer Document NO-2327 as Exhibit 75, which is an affidavit of Hermann Pister. He states that from the end of January 1942 to the end of the war that he was commander of Buchenwald concentration camp and the balance of the affidavit refers to his knowledge of various individuals, including Vogt, Sommer, Mummenthey, Tschentscher, Pook, Volk, and Fanslau.
I now offer Document NO-2160 as Prosecution's Exhibit 76, which is a letter from Gluecks to Maurer, rather from Gluecks and Maurer to Hohberg to obtain reimbursement for expenses accrued in transferring concentration camp commanders. This completes Document Book No. 3.
MR. HART: May it please the Tribunal, I offer a series of documents contained in Document Book No. 4 of the Prosecution, entitled "Concentration Camps." I offer Document NO-2432 as Exhibit No. 77. This is a letter from Hildebrand concerning the establishment of the concentration camp at Stutthof. I offer Document NO-2117 as Exhibit No. 78. This is a letter of the Defendant Hans Loerner concerning the Stutthof concentration camp and the auditing of its accounts. I offer Document NO-482 as Exhibit No. 79. This document constitutes correspondence between Himmler and Pohl showing the influence of Pohl upon Himmler in the decision of what should be and what should not be a concentration camp.
DR. GAWLIK (attorney for Defendant Volk): May it please the court, as to Document NO-2117, I ask the prosecution what is meant by that document. What is to be proved by this document. This document shows that the Stutthof Camp was under the SS and Vistula under Obergruppenfuehrer Hildebrand. Hildebrand is not one of the defendants nor is the SS Vistula in connection with the WVHA. I therefore cannot see that this Stutthof document is to prove against the defendants, especially those represented by me. I would ask you therefore to dismiss these documents as irrelevant.
MR. HART: If the court please, none of the defendants are directly implicated by this document, but I submit the document should be accepted subject to subsequent connection.
It deals with the Camp Stutthof. The following document, Prosecution's Exhibit No. 78 shows a very detailed information on the part of the defendant Hans Loerner of the same concentration camp Stutthof during the period concerned in the Hildebrand letter.
DR. GAWLIK (Attorney for Defendant Volk): May it please the court, it does not matter who wrote the letter, but the contents of the letter is important and that shows on the Document 2117. I quote literally: "The suggestion to take over the concentration camp has been turned down, and also the Secret Police cannot do without the Camp. SS-Obergruppenfuehrer put the Stutthof Camp from 1 April 1940 with the assistance of SS-Oberabschnitt Weischel under his own command." The document would be proved against Obergruppenfuehrer Hildebrandt, but I cannot see that it has to do with the defendants here, in the dock here, and how this document has any probative value at all.
THE PRESIDENT: This document is signed by one of the defendants, is it not?
DR. GAWLIK (Attorney for Defendant Volk): Yes, it is.
THE PRESIDENT: The prosecution states that it hopes to connect this document with others. If they fail to do that, no harm is done, but the document is admissible as having been signed by one of the defendants. If it doesn't implicate him, you haven't been hurt, but on the prosecution's statement that it will connect this document with others, it will be admitted.
MR. HART: I next offer Document No. 1475 as Prosecution's Exhibit No. 80. This is a letter from a private concern with reference to the proposed establishment of a concentration camp in Neudorf.
JUDGE PHILLIPS: I ask that you read the bottom paragraph of that exhibit so we can make out what it says.
MR. HART: The last of the letter states, "I ask you, Reichfuehrer, to inform the SS-Obergruppenfuehrers Juettner and Pohl that you are willing to comply with my request; then I shall contact both these SS comrades directly concerning how to carry it out in detail."
Is that the paragraph your Honor had reference to?
JUDGE PHILLIPS: No, the second paragraph on page 10, third paragraph.
"A few weeks ago, Fieldmarshall Milch appointed me Provisional Manager of the Airplane Motor Works at Ostmark. I see that we can succeed in starting the works only with extraordinary means. The worse difficulties are those concerning the mobilization of labor.
"I therefore ask you, Reichsfuehrer, to approve the immediate establishment of a branch camp of the concentration camp Mauthausen in Viennese Neudorf with a total complement of approximately 2,000 inmates and a transfer to this camp of 1,000 detainees who anyhow have been working in the iron processing industry until now, and 1,000 detainees who will first be used --"
JUDGE MUSSMANO: - - preponderantly -
MR HART: -- preponderantly for construction work and for whom it is sufficient if they do auxiliary work."
The next document R-129 has been submitted in evidence. I offer Document NO-020.
THE PRESIDENT: This is another copy. It is already in as a previous exhibit.
MR. HART: I offer Document NO-020 as Exhibit No. 81. This is a letter from Pohl to Himmler submitting a map marking all concentration camps and work camps. There is a significant remark by the Defendant Pohl: "During Eicher's time there were altogether six camps.
"Now: 185!"
I offer next Document No. NO-020-B as Exhibit No. 81. This is Pohl's acknowledgment to the letter last mentioned.
THE PRESIDENT: Is it not 82?
MR. HART: I think not, sir. I have not offered R129 which has been previously offered -- excuse me -- it is. It is 82, yes, sir.
I next offer Document NO-743 as Exhibit 83. This is a Heydrich circular letter regarding the grading of concentration camps.
I next offer Document NO-2110 as Exhibit No. 84. This is a Liebehenschel letter regarding the grades and classifications. I should say it is introduced to show the grading and classification of prisoners and camps.
I next offer Document Number 1216-PS as Exhibit No. 85. This is a set of regulations for the concentration camp Dachau in 1933.
I next offer Document Number NO-517 as Exhibit No. 86. This is a memorandum by the Defendant Baier concerning a request by Pohl to the effect that he and Mauer, who was the Chief of Amtsgruppe D-II collaborate in drawing up camp regulations.
DR. FRITSCH: (For the defendant Hans Baier.)
As far as the last document is concerned, Exhibit No. 86, I would ask the Court to find the date of that document. My copy shows 23 March 1946.
THE PRESIDENT: It should be 1944.
DR. FRITSCH: Thank you very much.
MR. HART: I next offer Document NO-2167 as Exhibit No. 87. This appears on Page 36 of the Document Book. This is a Gluecks' letter to concentration camp commanders regarding the allocation of prison labor. I should like to read the second last paragraph. It is number 7.
"7) The camp Commander "*E" will turn over the entire inventory, including typewriters, etc. as far as they were supplied by the former Main Department 1/5 and paid for by the Main Office Budget and Buildings, to the camp commanders preparing lists thereof. A copy of the list is to be submitted to the Commissioner for Labor Allocation."
I next offer Document Number NO-1994 as Exhibit No. 88.
This document consists of Pohl-Himmler correspondence concerning new assignments of concentration camp commanders proposed by the Defendant Pohl.
I next offer Document Number NO-1245 as Exhibit No. 89. This is a Pohl Order directing concentration camp commanders to instruct -
THE PRESIDENT: 44.
MR. HART: -- the concentration camps guards weekly. I next offer the document appearing at Page 46 of the Document Book, being Document Number NO-1545 as Exhibit No. 90. This is a letter from Gluecks concerning regulations for houses of prostitution for Ukrainian guards.
I next offer Document Number NO-1554 as Exhibit No. 91 appearing at Page 47. This is the Gluecks' letter to camp commanders regarding the guarding of prisoners by fellow prisoners.
I next offer Document NO-1946 as Exhibit No. 92 at Page 48. This document consists of a sample of instructions issued to the SS guards, particularly those who guarded the workers in the quarries.
I next offer Document Number No-1506 as Exhibit No. 93.
JUDGE MUSSMANO: Would you mind giving the page?
MR. HART: Page 50. Yes, sir. Exhibit 93 is at Page 50 of the Document Book. This is Gluecks' letter stating that inspections of concentration camps can only take place with his authorization.
THE PRESIDENT: This letter appears -
MR. HART: If the Court please, there is a signature which appears on my copy as "Schuerz." I have examined the photostat of the original, and I feel quite sure that the signature is that of "Gluecks;" that the word "Scheurz" on Exhibit Number 93 is erroneous.
I next offer Document Number NO-1242 as Exhibit No. 94, appearing at Page 51. This is Liebenhentschel Orders to the effect that all sorts of persons should not be permitted to gaze at special construction projects.
I offer document Number NO-1291 as Exhibit No. 95. This is at Page 52. This is the Liebenhentschel Memorandum to the camp commanders regarding the change of the name of the Civilian Internment Camp Bergen-Belsen to that of "Staging Camp, Bergen-Belsen."
The letter states, "This change is necessary because, according to the Geneva Convention, Civil Internment Camps must be open to inspection by International Commissions."
I omit the next document Number 1244.
JUDGE PHILLIPS: You mean for the present or do you intend to come back?
MR. HART: I would like to leave that open if I may, Your Honor. It is at Page 54 of the Document Book. At the present moment, it is missing.
THE PRESIDENT: Shall we give it an exhibit number?
MR. HART: I omit the next Document No. NO 1244, at page -
JUDGE PHILLIPS: You mean at the present, or do you intend to come back to it?
MR. HART: I would like to leave that open, if I may, Your Honor. It is at page 54 of the Document Book, which at the present time is missing.
THE PRESIDENT: Shall we give it an exhibit number?
MR. HART: I am not able to say at the moment. Let's just skip it.
THE PRESIDENT: Let's number it Exhibit 96, so they may be numbered consecutively. When it is obtained it will bear that number.
MR. HART: I am not offering it at this time.
THE PRESIDENT: I understand.
MR. HART: I offer Document No. 2180 as Exhibit 97. This is Maurer's letter to Camp Commanders concerning the vocational training of concentration camp prisoners. This is Page 55 of the book.
I offer Document No. 2148 as Exhibit 98 at page 56.
THE PRESIDENT: The Tribunal will take its customary recess.
THE MARSHALL: This Tribunal is in recess 15 minutes.
(Thereupon a recess was taken.)
THE MARSHAL: All persons in Court please take your seats.
Tribunal No. 2 is again in session.
MR. HART: I next offer at Page 68 of the document book, Document NO-1293 as Exhibit 99. This is Gluecks' order to camp commanders concerning the screening of concentration camp prisoners by the RSHA prior to their transfer from one camp to another.
Next at Page 69 of the document book I offer Document No. NO-1551 as Exhibit No. 100. This is a Gluecks' directive to concentration camp commanders concerning monthly reports to Amtgruppe D, its arrivals and departures and transfers of prisoners.
At Page 71 of the document book I offer Document No. NO-592 as Exhibit No. 101. This is a Pohl teletype to Himmler concerning the first transportation of Jews from Hungrary. This teletype was referred to in the opening statement.
At Page 73 of the document book I offer Document NO-1967 as Exhibit No, 102. This is a Liebenhenschel communication to camp commanders enclosing a decree of the RSHA concerning the difficulty of reporting on concentration camp prisoners.
DR. BERGOLD: May it please this Tribunal, I don't have to introduce myself, I believe, I would like to come back to Exhibit 101. My copy here has the date, 24th of May, 1941. With reference to these Jewish transports, I have some knowledge about it, due to my experience at the first trials, and I would appreciate it if this Tribunal would show me that telegram in its original form. I have doubts that that document can be correct, with that date. 1941 does not seem quite probable to me. That was before the Russian campaign and that is probably a time when there were no Jewish transports. In other words, I just want to see the original.
THE PRESIDENT: The copy has 0941. That may not indicate the year. It says "24-5", 24 May, but the next figure probably does not indicate the year.
DR. BERGOLD: No, it does not. That is why I wanted to see the original. I can see there is no statement of the year, only in the index. The date in the index is the 24th of May, 1941 -- in the Prosecution's index -- and that couldn't possibly be correct. Thank you.
MR HART: On page 76 of the Document Book, I offer Document NO-681, as Exhibit 103. This is a Himmler order regarding anti-partisan activities, directing that the men of families engaged in anti-partisan activities are to be executed and that the women of such families are to be transferred to concentration camps.
At page 81 of the Document Book, I offer Document NO-1017, as Exhibit 104. This is a letter from Gluecks to the camp commanders regarding the transfers of Russian civilian workers to concentration camps, stating that they are to be seized not individually but in terms of numbers.
At page 83 of the Document Book, I offer Document NO-2131, as Exhibit 105. This is a circular directive from Mueller of the RSHA to Pohl, Amts Gruppe D, Concentration Camp Commanders, stating that only prisoners who are able to work and justify themselves are to be sent to the concentration camps. The directive also concerns the transports of prisoners to the concentration camps.
The directive states that for the Eastern workers who are sent to concentration camps they are to be reported by numbers only.
At page 86 of the Document Book, I offer Document NO-1073, as Exhibit 106. This is a statement by Dr. Otto Rascher concerning his activity in checking Poles who were to be liquidated at the transient camp near Soldau. Those who were not liquidated were either released or sent to concentration camps.
At page 90 of the Document Book, I offer Document NO-1411, as Exhibit 107. This is a memorandum of a Dr. Knochen, concerning the wholesale arrest of Jews in France for further deportation to concentration camps east ward.
At page 97 of the Document Book, I offer Document NO-1547. This is a Maul letter to concentration camp commanders requesting reports upon the condition of prisoners on their admission to concentration camps -excuse me, you Honors. I was given to understand that this document had been distributed to your Honors and Defense Counsel. It was given to me about an hour ago with that understanding.
THE PRESIDENT: We have not received it.
MR. HART: If your Honors please, I will omit offering that document at this time, but will reserve the exhibit number.
----END OF TAKE 21---
That will be Exhibit No. 108, reserved for a future offering of Document No. NO-1547. At page 98 of the document book I offer Document No. NO-1558 as Exhibit No. 109. This is a Gluecks' letter to concentration camp commanders concerning the arrival in concentration camps of prisoners from the east, stating that the usual reports concerning the transfers of such prisoners would be discontinued at once.
On page 99 of the document book I offer Document No. NO-2074 as Exhibit No. 110. At page 103 of the document book I offer Document NO2075 --
JUDGE MUSMANNO: Mr. Hart, can't you give us in a very few words an indication of what the exhibit refers to? Now you have --
MR. HART: I was going to include both of those exhibits in my subsequent remarks, Your Honor. I have lumped them together purposefully and I will remark on them after I have offered Exhibit No. 111, because they both relate to the same subjects.
JUDGE MUSMANNO: Very well.
MR. HART: At page 103 of the document book I offer Document No. 2075 as Exhibit No. 111. Exhibit Nos. 110 and 111 consist of correspondence concerning the transportation of Jews from the ghettos to the concentration camps. The substance of the correspondence is a complaint by the Reichsminister for the Occupied Eastern Territories because when the Jews were removed from the ghettos into the concentration camps the income which the Reich Ministry for the Eastern Occupied Territories had formerly obtained from those prisoners was transferred to Pohl of the WVHA. The Reich Ministry for the Eastern Occupied Territories requested Pohl to share that income - and Pohl had refused.
At page 106 of the document book I offer Document NO-383 as Exhibit No, 112. This is a letter from the commander of the Security Police to the administration of the concentration camp at Flossenburg and others concerning the treatment of deceased inmates who were arrested in France. It shows particularly the treatment of the so-called "Nacht und Nebel" prisoners.--
JUDGE PHILLIPS: Will you please read the first paragraph?
MR. HART: Of that exhibit, Your Honor?
JUDGE PHILLIPS: Yes.
MR. HART: "French inmates arrested in France and transferred to German concentration camps should in case of death be dealt with under the decree of the Reich Security Main Office of 23 July 1943 - IV C 2." I can't make out any of it in our copy. The next general number is 103 diagonal 42g. "According to the provisions of the Nacht und Nebel decree (Night and Fog procedure), that is, relatives may not be informed of their death, nor may they be given any property left by the inmates. As it is impossible to keep the property of such prisoners here, I have asked the Reich Security Main Office to order that the property of the deceased inmates who were arrested in France and transferred to Germany be dealt with as follows: (1) The remaining articles of clothing will be given by the concentration camps to the NS Welfare Organization, (2) Valuables and personal effects as well as souvenirs will be kept in the camp."
JUDGE PHILLIPS: We can read it from there on. It is legible from there on.
MR. HART: Yes, sir. I next introduce at page 108 of the document book Document NO-399 as Exhibit No. 113. This is a letter from Sturmbannfuehrer Burger, who was the Chief of Office 4 of Amtsgruppe D, to the defendant Georg Loerner, who was Chief of Amtsgruppe D of the WVHA. I should like to read the letter with the Court's permission:
"With reference to the above-mentioned telephone call I submit the figures of prisoners ---"
DR. HAENSEL (Counsel for the defendant Georg Loerner): This document here, on the last line it contains points, setting up of the clothing points - or dots, rather. It is of great importance to us what he had to do about this report. In other words, what was to happen with the clothes, and I would appreciate it if this document would only be admitted if it had been submitted in toto.
THE PRESIDENT: Well, what --
MR. HART: I don't entirely understand the force of that objection.
THE PRESIDENT: I don't either. What is wrong with the document? In what way is it incomplete?
DR. HAENSEL: On the last line it contains dots. In other words, something is missing there. I take it that these points were made when this thing was copied because something was omitted. However, in order to know what it said there, we should have the text.
THE PRESIDENT: Those dots do not necessarily mean an omission. Have you not looked at the original document?
Dr. HAENSEL: Yes, well, that is the way the document is, too. However, the original itself is nothing but a copy, too. If this Tribunal would mind taking a look at it, please --
Court No. 11 - Case No. 4
THE PRESIDENT: This is a picture of the original. It is a photostate of the original.
DR. HAENSEL: That is not quite possible, because then the signatures would have to be on there. Everything is typewritten there. That is a photostatic copy of a copy, and not a photostatic copy of the original. The original should be much longer and contain other things.
THE PRESIDENT: This is certified to be a photostatic copy of the original document. This is exactly what was found in the German office file.
DR. HAENSEL: Well, I would like to state that there should be more.
THE PRESIDENT: But there isn't. That is all there is.
MR. HART: Continuing the reading: "With reference to the above - mentioned telephone call I submit the figures of prisoners in the camp." I will have to refer to the original document, your Honors, for the date and some figures. "1 August 1944 and the numbers of prisoners scheduled for arrival as well as of stocks of clothing on 15 August 1944. The number of prisoners on 1 August 1944 was:
a) Male prisoners 379, 167
b) Female prisoners 145, 119 Totaling 524, 286 "In addition, the following new arrivals are scheduled:
1.) from the Hungarian program (Jewish scheme)" -And now, if your Honors please, I am referring to the original document because in my mimeographed copy the numbers are incomplete and are missing, the last three digits.
2.) from Lodz (police prison and ghetto).....60,000
3.) Poles from the Government General............15,000
4.) Penal prisoners from the Eastern Territories.10,000
5.) former Polish Officers.......................17,000
6.) from Warsaw (Poles).........................400,000
7.) current influx from Franco, about 15,000 to 20,000 totaling 612,000 "Many of the prisoners are already on the way and will arrive at the concentration camp in a few days" No. 2, being the second general designation, "Inventory of clothing" blank.
I wish to call to your Honors' attention the reference to the clothing inventory is referred to the Defendant Georg Loerner as being responsible on that question for the great number of new prisoners expected. At Page DR. HAENSEL (for Defendant Georg Loerner) The responsibility of Georg Loerner can only be seen by those dots. Therefore I would like to ask you either to submit the whole document or then torestrict the deductions which can be drawn from that. At this point of the proceedings I want to object against the introduction of this document the way it is now, and I would appreciate it if the Prosecution could possibly submit the entire document other than an original photostatic copy, because if Loerner is responsible then we must know what clothing it was.
THE PRESIDENT: The Tribunal will infer nothing from a row of dots. This is where we came in I think. Obviously, sir, the paper was sent to Loerner to fill in the dots after he get it. He was the one who would know the figures which should take the place of the dots, and this letter was sent to him just as it is for him to fill in the figures.
DR. HAENSEL: That is an assumption which might be correct and which I have to make sure of.
Court No. 11 - Case No. 4
THE PRESIDENT: That is our assumption. You can't controvert the dots.
MR. HA*RT: At Page 110 of the document book I introduce, offer Document No. 1284 as Exhibit No. 114. This is a Liebehenschel letter to the camp commanders directing the employment of German, Dutch and Norwegian clergymen in the h*rb gardens.
At Page 11 of the document book I offer Document No. NO1583 as Exhibit No. 115. This is a letter from the Chief of Antsgruppe D to the concentration camp commanders concerning the imprisonment of prominent persons in the concentration camps.
At Page 114 of the document book I offer Document No. NO-1*34 as Exhibit 116. This is a letter from the Chief of Office D-1 to the concentration camp commanders stating that clergymen in concentration camps are to be treated in the same manner as other detainees.
At Page 116 of the document book I offer Document No. NO-568 as Exhibit No. 117. This is a letter from Maurer, the Chief of Office 2 of Amtsgruppe D to the Chief of Office W 5 of Amtsgruppe W of the WVHA concerning the employment of Jehovah's Witnesses who were inmates in the concentration camps.
At Page 117 of the document book I offer Document 1943PS. This document is a statement of the experiences of two Polish priests.
DR. HEIM (For Defendant Hohberg) Your Honor, I object to the introduction of this document. Counsel reads the statement of the index. They are both statements of Polish priests. These two statements by the Polish priests were not affidavits. Both statements lack the form which is prescribed by the Tribunal. The requirements of an affidavit Court No. 11 - Case No. 4 are not complied with.
Particularly on the signatures, they are not legalized by any authority. Both documents are not admissible, because these reports have not been released by an authority. With reference to the statement raised by the Prosecution, that both statements were already introduced during the first trials, with reference to Document 1943- PS I wish to state as far as I can remember here from the Main trial, these two documents were introduced by the Prosecution. However, they were rejected by the Tribunal due to the reasons which I have mentioned now. I would appreciate, therefore, if you would comply with my request.
MR. HART: If your honors please, I did not see that document before it was enclosed in the book, but wrote it up in the index from an analysis of the document. I should like to withdraw the offer of this document in evidence at this time until I have had time to look into the circumstances concerning the document itself. I thought it was a proper affidavit before including it in the book.
THE PRESIDENT: The exhibit will be withdrawn by the Prosecution and may be reeffered if in proper form. The next number will be 118.
MR. HART: I should like to continue at this time with the introduction of documents contained in document book No. 5. I understand that this book was not delivered to the defense counsel twenty-four hours prior to now, but I understand also that all of the documents in the book have been in the hands of the defense counsel for a number of days, and I would anticipate that there would be no great objection on the part of defense counsel to my continuing with the reading of these documents at the present time.
THE PRESIDENT: Well, let's find out whether the Court has Court No. 11 - Case No. 4 Book No. 5.
THE SECRETARY GENERAL : It has not, your Honor. I have not been served with that book. It has not been brought to me.
THE PRESIDENT: We just finished Book 4?
MR. McHANEY: Book 4, yes. If the Tribunal please, if you don't have Book 5 before you, instead of going ahead with the documents, I can at least call a witness and put some of the preliminary matters before us and continue with his testimony tomorrow morning.