At page 53 of Document Book I offer Document No. NO-1935 as Exhibit No. 129. This is a letter from Maurer the Chief of D-II to the commander of Buchenwald Concentration Camp, relaying a teletype message from the Commander of Auschwitz Concentration Camp, which I should like to read:
"From among the prisoners shipped from Buchenwald 18 died by 4 December, 1942. 3 more prisoners are in the prisoners' infirmary because of various ailments. 22 out of the 129 remaining are physically feeble, 3 are foot sore with inflammations and swellings, 1 has lost his left arm, 1 has a deformed wrist, 3 have chilblains on their fingers. From among the prisoners shipped 100 are fit for work - 2/3. 2 per cent are really skilled building workers. Your comment is invited."
At page 54 of the Document Book I offer document No. 2100 as Prosecutions Exhibit No. 130. This I believe to be an answer to the complaint raised by the Auschwitz camp command in the document which I have just read. Exhibit No. 130 refers to a total of 163 prisoners, whereas Exhibit No. 129 refers to a total of 150. Other exhibits to be presented by the Prosecution will show that in cases of such transports it was customary to send more prisoners than had been ordered in order to make allowances for those who would die or become disabled during the transportation. I should like to read the last paragraph of the letter which constitutes Exhibit No. 130:
"The transport from CC Buchenwald to the CC Auschwitz takes three or four days. It is unavoidable that prisoners should fall ill during this transport, especially in view of the anyhow not very strong constitution of Russian civilian workers, who represented the bulk of the shipment. According to orders by the Commander of the Buchenwald Concentration Camp, SS-Obersturmbannfuehrer Pister, only fit and healthy prisoners are to be transferred to other camps. This order is strictly adhered to by the camp physicians."
At page 56 of the Document Book I offer Document No. 1938 as Prosecution Exhibit No. 131. This is a telegram to the concentration camp Buchenwald from Paris referring to a transport of 1,000 prisoners from camp Compiegne in France to Buchenwald.
These prisoners are re*****************************."
At page 57 of the Document Book I offer Document NO-1937, as Prosecution Exhibit No. 132. This is a telegram from Auschwitz to Buchenwald regarding the transfer of inmates pursuant to orders from WVHA.
Documents Nos. NO-1551 and NO- 1558 have been offered in Book IV. They are not re-offered here.
At page 60 of the Document Book I offer Document No. NO-1561, as Prosecution Exhibit No. 133. This is a Maurer letter concerning the treatment of Nacht und Nebel Inmates - prisoners at Camp Natzweiler.
At page 62 of the Document Book I offer Document No. NO-2109, as Prosecution Exhibit No. 134. These are telegrams from the allocation officer in Buchenwald to Amtsgruppe-D regarding the transport of female prisoners.
At page 63 of the Document Book I offer Document No. 508 as Prosecution Exhibit No. 135. This is an affidavit of Gerhard Schiedlausky, who was a physician at the Mauthausen concentration camp. He was referred to in court this morning by the witness Dr. Kahr, in describing the condition in Mauthausen, Ravensbrueck and Natzweiler.
At page 86 of the Document Book I offer Document No. NO-1581, as Prosecution Exhibit No. 136. This is an affidavit by Georg Rammler, who was formerly employed by the Economic Administrative Main Office in Berlin, and who describes the condition in the concentration camp.
At page 90 of the Document Book I offer Document No. NO-1544, which is a letter from the defendant Pohl to the concentration camp commanders urging them to make loafing prisoners work.
At page 91 of the Document Book - - - I withdraw that. At page 96 of the Document Book I offer Document No. 2189-PS as Prosecution Exhibit No. 138.
I believe I neglected to say that Document NO-1544 should be Prosecution Exhibit No. 137.
Prosecution Exhibit No. 138 is a letter from the chief of the Amtsgruppe-D to the concentration camp commandant regarding the Pohl order of prisoners for beating.
DR. SEIDL: Dr. Seidl for the defendant Pohl. May it please the Tribunal, the document which the Prosecutor just wanted to submit is not in the document book given to us. Therefore, I should like to ask the Prosecution that this document be submitted later and at a time when a copy has been put at the disposal of the defense counsel.
THE PRESIDENT: It is time for adjournment.
THE MARSHAL: This Tribunal is in recess until 1330 this afternoon.
( The Tribunal recessed until 1330 hours, 10 April)
AFTERNOON SESSION.
( The hearing reconvened at 1300 hours, 10 April 1947.
THE MARSHAL: All persons in the court please take your seats.
Tribunal No. 2 is again in session.
MR. HART: As I understand Your Honor's ruling at the last hour Prosecution's Exhibit 138 had been admitted, subject to the right of Dr. Seidl or other, defense counsel to raise objections when they are supplied with the German copy.
THE PRESIDENT: That is correct.
MR. HART: Page 103 of the Document Book -- I offer Document No. 3678-PS as Exhibit No. 139.
THE PRESIDENT: What is Document No-2187?
MR HART: That is not offer at this time, if Your Honor please. Exhibit 138 orders and reports concerning Naval prisoners and the corporal punishment of prisoners. At page 110 of the Document Book, I offer Document No. NO-1556 as Exhibit No. 140. This is a letter from Maurer directing that prisoners guilty of acts sabotage be hanged and that the hanging be brought to attention prominently of members of the work gang to which the prisoners in question belonged. At page 111 of the Document No, -256 as Exhibit 141 DR, SEIDL (Attorney for Defendant Oswald Pohl): I would like to suggest, now your Honor -- I would like to request that document no.
NO-256, which is the affidavit of Pister, be admitted with one reservation that, according to the ruling of the Tribunal, that this witness be also braought before this Tribunal for cross-examination.
THE PRESIDENT: The ruling heretofore made by the Tribunal will apply also to this affidavit MR, HART:
At page 117 of the Document Book, I offer Document No. No-2166.
JUDGE MUSMANNO: When you referred to Page 111, Exhibit 141, did you finish with that?
MR HART: Excuse me, Your Honor, that is the affidavit of Hermann Pister, a former commandant of Mauthausen concentration Camp.
JUDGE MUSMANNO: Could you gave us a little bit more, a sentence or two of what it talks about?
MR. HART: This affidavit specifically concerns the penalties, particularly the death penalties, of prisoners in concentration camps, It states that for the most part that was in the jurisdiction of the camp commanders and also itemizes the different types of punishment, the plain arrest, medium arrest, and the severe arrest, outlining the different methods of punishment. At page 117 of the Document Book I offer Document No-2166 as Exhibit No, 142. This is a letter of the inspectors of concentration camps to camp commanders concerning labor allocation. I wish to point out that this is dated in February, 1942, and refers to an order of the Main Office, Budget and Buildings in 1940 concerning for the wages of prisoners. With reference to such accountings, the 1 last two lines of the letter state, "The clearing has to be applied for at the SS Economic and Administrative Office."
Court No. 11 - Case No. 4 At page 122 of the Document Book, referring to document number 2146 -- Do Your honors have a copy of the document following the description in the index?
In the original document book there was some mistake made so that the original document put in the book was the wrong document, but I how have the correct document here, and I understand that Defense Counsel have received correct copies.
THE PRESIDENT: The document which appears in our document books is an unsigned letter dated 18 February 1942 to a person named Huetting.
MR. HART: That is the wrong document, Your Honor. I have the correct document hero. May I submit it to Your Honors now?
THE PRESIDENT: Yes, please.
MR. HART: I understand that Defense Counsel -- I have not been correctly informed , Your Honors. The Defense Counsels do not have a copy of that document. Shall I submit it in evidence now, subject to the same arrangement as in the case of the -
THE PRESIDENT: They do have it.
DR. SEIDL: Your Honors, in this document book there is another document 2146. This is a letter of the Administrative Office of the concentration camp Auschwitz of 25 March 1942.
THE PRESIDENT: All right. They already have it.
MR. HART: I then offer Document 2146 as Exhibit Number 145. This is a letter from the Chief of the Administration of the concentration camp Auschwitz to Amtsgruppe D-4 concerning the provision of food for concentration camp prisoners at Auschwitz. The writer of the letter states that there are 27,000 prisoners to be fed and that, considering the large number of prisoners and the primitive Court No. II - Case No. 4 kitchen installations at Auschwitz, it will be necessary to make provision for the feeding of these prisoners otherwise than the previsions then at hand.
At page 123 of the document book I offer document number 2132-NO as Exhibit 144. This is a decree by the Reich Minister of Food ordering a reduction in the feed rations to concentration camp prisoners.
At page 125 of the document book -- I withdraw that, if Your Honors please.
At page 127 of the document book I offer document number 311-PS as Exhibit 143. This is a memorandum by the Bavarian State Food Office concerning a reduction in the food rations for prisoners of war.
At page 129 of the document book I offer document number 1201 as Exhibit 146. This is an affidavit of Max Pauly, the former commander of the concentration camp Neuengamme, concerning particularly rations to concentration camps, living conditions, heat and clothing, the provisions for medical care, and the channels through which orders were received for executions of prisoners. Sometimes this was through the RSHA, and sometimes the orders came entirely from Amtsgruppe D.
At page 135 of the document book I offer document number 2428-PS, as Exhibit 147. This is the sworn testimony of a Dr. Mis, M-I-S, a former concentration camp inmate, who was a doctor -- is a doctor, concerning -
DR. SEIDL: Your Honor, the document which has just been submitted by the Prosecution is not in our document book. Therefore, I would appreciate it if this exhibit would be accepted only for the time being, reserving to ourselves the right to come back to it some time later.
Court No. II - Case No. 4
THE PRESIDENT: It will be admitted only if the defendants are furnished with a copy in German.
MR. HART: That, then, is Prosecution Exhibit 147, subject to His Honor's ruling.
At page 143 of the document book I offer document number 1530 as Exhibit Number 148.
DR. HAENSEL (For the defendant Loerner): Your Honors, with reference to this document I would like to make a remark. This is a letter addressed to various and different camp commanders without the usual incoming stamp, but with the remark, "By registered mail". The document contains on page 2 an empty space. I am of the impression that this is just a draft of a letter and that it was not sent off that way.
JUDGE MUSMANNO: Do these dots disturb you?
DR. HAENSEL: Yes, it is a case in point.
THE PRESIDENT: Can I see the document, please?
Under the certificate which accompanies the exhibit and which indicates the source of the exhibit, it is admissible. Who signed this document? It does not appear in the document book who signed it.
MR. HART: I think, if Your Honor will notice, the original is signed. The signature is Liebehentschel.
This document NO-1530 I offer as Exhibit 148. It consists of two letters. The first is a Liebehentschel letter to the camp commanders concerning the supply of clothing for concentration camp inmates. I should like to read the last paragraph of the letter:
"As the Office B II of the Economic and Administrative Main Office informs us, approximately --" That is an abbreviation "appr" as it appears in my copy. "--appr ---sets/coats were already delivered to the camp there.
Court No. II - Case No. 4 The receipt of further sets is to be reported here, also the stock of civilian clothing already on hand, by the 1st of every month."
The second letter is also from Liebehentschel to the camp commanders. Both of those letter are dated an February of 1943. Copies of the letters were sent to Offices II and III of Amtsgruppe D. The second letter reads:
"With the consent of the Chief of Office Group B it is ordered that clothing belonging to Polish and Russian prisoners in concentration carps will be used as prisoners' working clothing where the prisoners' clothing provided by the cap is not sufficient.
"After thorough disinfection this civilian clothing will be specially marked by colored signs and prisoners badges as laid down in the camp rules."
At page 145 of the document book, I offer document Number 1166-PS. If Your Honors please, I should like to offer this document in replacement of Prosecution Exhibit No. 113. Both documents refer to the same subject matter, but the one I now offer is mere -
JUDGE SPEIGHT: You want to strike out the former 113 and just make this one 113?
MR. HART: Yes, if Your Honors please, 113 is to be found on page 108 of the Document Book IV.
At page 149.
JUDGE SPEIGHT: Just a moment, before you leave 145. Where is this report from as to the number of prisoners on hand on January 8 1944. Where are these prisoners located?
MR. HART: I take it, Your Honor, that the report speaks of prisoners generally in all the camps.
Court No. II - Case No. 4
JUDGE SPEIGHT: All right.
MR. HART: At page 149 of the document book I offer document number NO-2341 as Exhibit number 149.
DR. SEIDL: I raise an objection to the admission of this document NO 2341. From the context of this document it can be soon that this was drawn up within the general framework. The photostatic copy of the original shows that it has at least 29 signors, and the context of the two sentences which are mentioned in here also shows that these things are drawn entirely out of the entire context. The document, furthermore, is not signed, but shows only a typewritten signature. Therefore, I make application to admit the document only if the Prosecution shows not only the photostatic copy but the original of the document.
THE PRESIDENT: Does the Prosecution have this entire document?
MR. HART: If Your Honors please, I should like to withdraw that at this time.
THE PRESIDENT: Very well.
MR. HART: At page 150 of the document book, the document first entered in the document book is different from the description in the index in the English document book. I understand that the German copies in the books delivered to the Defense Counsel are correct copies. I should like now to submit the correct copies to the Tribunal.
DR. SEIDL: We Defense Counsel unfortunately also have only one part of the document, the document NO 1235. It says, "with reference to the ordinances drawn up above, we send you this for immediate knowledge and to expedite matter." In this document book there is no such ordinance, and it is quite obvious that the document as suck is not clear.
MR. HART: We will withdraw the offer at this time, your Honor.
At page 151 of the document book I offer Document No. NO-390as Exhibit No. 149. This a Liebehentschel letter to camp commanders regarding the distribution of case of Soviet Russia.
At page 152 of the document book I offer Document No. NO-394as Exhibit No. 150. This is a Gluecks' letter to concentration camp commanders stating that blood-stained clothing and clothing with bullet holes had been forwarded from the camps and stating that in the future such clothing be excluded from packages.
At page 154 of the document book I offer Document NO-606 as Exhibit 151. This document consists of Pohl-Himmler correspondence concerning the distribution of clothing from the concentration camps to ethnical German groups.
At page 159 of the document book I offer Document No. 3680-PS as Exhibit 152. This is a letter from Maurer to camp commanders regarding the collection of human hair from concentration camps and a shipment to a private firm for manufacturing purposes.
At page 161 of the document book I offer Document No. 858-PS as Exhibit 153. This is an order by the defendant, August Frank, to the concentration camps and SS special camps concerning disposal of the various kinds of property from the deceased inmates of concentration camps.
At page 164 of the document book I offer Document No. NO-1521as Exhibit No. 154. This is a Liebehentschel letter to concentration camp commanders directing that the gold from the mouths of deceased concentration camp inmates be collected from the smaller concentration camps for a longer period. The letter suggests one year.
At page 165 of the document book I offer Document No. NO-1963, as Exhibit No. 155. These constitute various transmittal notices referring to shipments of gold taken from the teeth of specified concentration camp inmates.
That completes Prosecution Document Book 5.
Document No. 383, mentioned in the index of the document book, has been submitted in Book 4.
THE PRESIDENT: Did you say that Document NO-383 has already been submitted in Book 4?
MR. HART: Yes, sir.
THE PRESIDENT: Could you give us the page number?
MR. HART: Page No. 106, Exhibit 112.
THE PRESIDENT: Exhibit 112, Page 106.
MR. HART: I now take up Document Book No. 6. At page 1 of the document book I offer Document No. NO-1510 as Exhibit No. 156. This is a Liebehentschel letter to concentration camp commanders stating that the ashes from bodies of deceased Jews and Czechs will no longer be sent to their families for burial.
Page 2 of the document book I offer Document No. NO-1543 as Exhibit 157. This is Gluecks' letter to concentration camp commanders regarding various kinds of death notices.
At page 4 of the document book I offer Document No. NO-1529 as Exhibit 158. This document consists of further directives concerning death notices.
At page 6 of the document book I offer Document No. NO-1243 as Exhibit No. 159. This is a Liebehentschel directive forbidding death notices to relatives of deceased inmates from Action Meerschaum. Your Honors will recall Action Meerschaum as being the action pursuant to which one thousand French inmates were sent to from Champagne in France to, I think it was Auschwitz or Buchenwald.
At page 7 of the document book -- Excuse me, Document No. NO-1246 has been submitted in Book 4.
At page 10 of the document book I offer Document No. NO-1991as Exhibit 160. This is a Liebehentschel letter to the Gross-Rosen camp commander enclosing 600 marks to be distributed as a reward among persons carrying out executions at camp.
At page 11 of the document book I offer Document No. NO-1526as Exhibit 161. This is a Liebehentschel letter to concentration camp commanders setting forth the different regulations for the execution of German women, concentration camp inmates, and foreign women concentration camp inmates.
At Page 13 of the document book I offer Document No. NO-1993as Exhibit 162. This is a Gluecks' letter to concentration camp Gross-Rosen stating that upon a suggestion made by Gluecks' office Amtsgruppe D, certain prisoners had been executed with the consent of RSHA. At page 16 -- I should have mentioned that Exhibit 162 consists of two letters, the second referring to the same matter.
At page 16 of the document book, I offer--Excuse me, your Honors, that document has been submitted also in Book 4.
At page 28 of the Document Book, I offer Document---
THE PRESIDENT: Can you tell us in what book the document on page 16 is to be found?
MR. HART: I don't find it in Book 4, your Honor. Therefore I submit it here, referring to Document NO-2147, at page 16. I submit the document as Exhibit 163. This is an example of a weekly report to Amtsgruppe D-III. Rather, I should say it is a report of the physician at the Buchenwald Concentration Camp in August of 1942, concerning deaths and executions at the Buchenwald Concentration Camp.
DR. SEIDL: Your Honors, in our document book we do have a document NO-2147. The subject of the document, however, is an entirely different one from the one just described by the prosecution. This document deals with the inspection of the concentration camp of Stutthof on the 8th of January, 1942. It is quite a voluminous document, with a marginal note referring to a conversation of the 12th of December, 1941, in Stutthof. Under these circumstances I must assume there must be some sort of a misunderstanding here. I can also remember that in a document book submitted earlier a similar document -- if not the same one -- was submitted.
DR. GAWLIK: Your Honors, I want you to know that this document has been submitted as NO-2147 in either Document Book 2 or 4, but it has been submitted.
MR. HART: Your Honors, I see that Document 2147 in Book 2, is the same as Document 2147 at page 56 in Book 4. I therefore withdraw the re-offering of that document in the present book.
In Document Book 6, I offer Document NO-1942, as Exhibit 163. (Page 28.) This is a report by the physician at the Buchenwald Concentration Camp setting forth the deaths of concentration camp inmates at Buchenwald during the month of August, 1942, and during a subsequent period.
At page 30 of the Document Book, I offer Document NO1285, as Exhibit 164. This document consists of Pohl-Himmler correspondence concerning the death rates of prisoners transfered from the justice prisons to concentration camps. I should like to read from Pohl's letter to Himmler of March 15, 1943.
"According to concurring reports received from all camps occupied by prisoners in protective custody, the state of health and thus the working capacity of the prisoners sent in by the Administration of Justice is catastrophic. In all the camps a loss of between at least 25 to 30 per cent is to be reckoned with and then this number is only reached if the prisoners are treated with consideration for a greater length of time."
At page 34 of the document book, I offer Document 1469-PS, as Exhibit 165. This exhibit consists of further Pohl-Himmler correspondence concerning the death rated in concentration camps. This correspondence sets forth detailed data concerning the deaths and mortality rates of prisoners in various of the concentration camps. For example, at page 32 of the Document Book the statistics show that out of an average number of inmates in all concentration camps for the month of August, 1943, the death rate was 2.09 per cent. In July 1943, it was 2.23 per cent, that being the over-all rate at that time.
At page 41 of the Document Book, I offer Document 2169PS, as Exhibit 226 166.
This is a letter from the garrison doctor at Neuengamme to the chief of Amt D-III, giving further death records, showing the deaths of 6,244 persons at Neuengamme in a period from December 26, 1944 to March 25, 1946.
At page 43 of the Document Book, I offer Document NO-905, as Exhibit 167.
Court No. 11 - Case No. 4 This is a memorandum concerning a conference of RSHA with reference to the application of the so-called "Special Treatment" and the method for carrying out the so-called "Special Treatment."
It will appear from the Prosecution exhibits that "Special Treatment" refers to execution of concentration camp inmates. I offer document No. 1254-PS (2). This is a letter from the commander of the Gross-Rosen Concentration Camp to the Brigadefuehrer Mueller, Chief of the RSHA, by listing twenty-some-odd persons who had been executed and cremated, and whose bodies had been cremated pursuant to the orders of the RSHA.
At page -- I think I neglected to give that an exhibit number.
THE PRESIDENT: Number 168.
MR. HART: That is 168. At page 48 of the document book I offer document No. NO-1531, as Exhibit 169. This is a Liebehenschel Order concerning the racial classification of persons in the concentration camps.
At page 49 of the document book I should like to introduce the next four documents at the same time and refer to them afterwards. At page 49 I offer document NO1750 -
JUDGE MUSMANNO: Fifty - or 60?
MR. HART: Sixty, Your Honor; excuse me. -- as Exhibit 170. At page 50 I offer document NO-1761, as Exhibit 171. At page 52 I offer document NO-1762, as Exhibit 172. And at page 53 I offer document NO-1763 as Exhibit 173. These exhibits 170, 171, 172, and 173 constitute the correspondence between Himmler and Pohl which brings out the process through which prisoners were selected in the concentration camps - the basis of selection a racial one, partly;
Court No. 11 - Case No. 4 and partly the criterion being which prisoners were able to work and which ones were not able to work, and should, therefore, be done away with.
The reference in the correspondence is to a so-called positive policy of racial selection aimed at saving the so-called superior racial stock, and aimed at the annihilation of the so-called inferior racial stocks. It appears that the RUSHA was the final authority for the so-called positive policy, and that the RSHA was the final authority on the so-called negative policy - pursuant to which persons were exterminated.
At page fifty-five of the document book I offer document No. NO-1452 as Exhibit 174. This is a Gluecks' Order containing the racial examination of concentration camp inmates for the purpose of selecting these for naturalization, and those who should be exterminated under the so-called "Special Treatment. At page 56 of the document book I offer document No. NO-1458 as Exhibit 176.
Exhibits 175 and 176 are letters from the RSHA discussing this racial selection which proceeded the special treatment under which some of the concentration camp inmates were exterminated.
At page 58 of the document book I offer document No. L159. This is the so-called Barkley Report to Congress on atrocities and other conditions in concentration camps generally in Germany.
JUDGE MUSMANNO: What exhibit number?
MR. HART: I offer this as Exhibit 1717. I don't feel that it is necessary for me to comment on that report, Your Honors. It is quite a lengthy report and is the result of investigations covering all the concentration camps -
Court No. 11 - Case No. 4 but with particular reference to the concentration camp Dachau.
That page 86 of the document book, I offer document No. 2222-PS as Exhibit 178.
This is another report. This one is an official report by the Headquarters of Twelfth Army Group regarding the murder and maltreatment of political prisoners of war at the concentration camp Dora. At page 106 of the document book I offer document No. NO-2122 as Exhibit 179. This is an affidavit of Karl Roeder who was a concentration camp inmate. He explained his experiences in the concentration camp Dachau.
At page 116 of the Document Book I offer Document No. 2285-PS as Prosecution Exhibit No. 180. This is an affidavit of Guivante de Saint Gast, a former concentration camp inmate who described his experiences at concentration camp Mauthausen.
At page 118 of the Document Book I offer Document No. 2176-PS, as Prosecution Exhibit No. 181. This is an official report to the Commanding General of the 12th U.S. Army Group concerning atrocities and conditions in Mauthausen concentration camp.
At page 122 of the Document Book I offer Document No. 2309-PS, as Prosecution Exhibit No. 182. This is another official report, being a report of the Commanding General of the 3rd U.S. Army concerning atrocities and conditions in Flossenburg concentration camp.
That completes the Document Book Six of the Prosecution.
THE PRESIDENT: And the Court will be in recess.
(A recess was taken.)