Page 33 of the document is another confirmation dated 2 December, 1940, and again signed by the Commissioner of General Transport Company, m.b.H.
Page 34 of the document is transport List No. 8, carried out on 2 December, 1940, listing 16 persons, and page 35 is another confirmation, dated 17 January, 1941, and is again signed by the Commissioner of General Transport Company, m. b. H, this time by E. Kuepper.
Pages 36 to 38 is the 15th Transport List, No. 8, carried out on 17 January, 1941, listing 73 persons.
Pages 39 to 41, is the 15th Transport List No. 9, carried out on 17 January, 1941, listing 80 persons, and page 42 is a confirmation of the same thing as I have already read into the record, and is signed, Eglfing-Haar, 25 April 1941, with a typewritten note: "The Commissioner of the General Patients! Transport," signature, E. Kuepper.
Page 43 gives a list of the 25th of April, 1941, a list of men, listing 37 persons, and pages 44 to 46, are a transport list of the 26th of April, 1941, this time women, 96 persons were listed.
Page 47 is another confirmation. That has on the top a handwritten remark, 19th transport, signed Eglfing, 29 April, 1941, by E. Kuepper, The Commissioner of the General Patients! Transport, G.m.b.H.
Pages 48 and 49, give a transport list carried out on 29th April, 1941, listing 57 persons.
Pages 52 to 54, are Transport List No. 20, listing women, carried out on April 29th, 1941, 77 names.
Page 57 is Transport List No. 21, carried out on 29 April, 1941, listing 32 persons, and page 58 is Transport List No. 24, carried out on 29 April 1941, listing 24 persons.
Page 59 is another confirmation, dated the 20th of June, 1941, signed by the Commissioner of the General Patients Transport, G. m. b. H.
Page 60 is Transport List No. 21, carried out on 20 June, 1941, listing 22 persons.
I turn now to Document No. 1133, which will be Prosecution Exhibit No. 335. 1545
THE PRESIDENT: Is that Document found on page 86?
DR. HOCHWALD: Page 86 of the English Document Book, yes.
THE PRESIDENT: The number of the Document is 1133, the number is imperfect?
DR. HOCHWALD: 1133 as appears from the second page, "State Ministry of the Interior, Munich, 12 November, 9141, pencilled note illegible, Registered:
"To Director Dr. Pfannmueller, or his Deputy of the Asylum.
Eglfing-Haar "Subject:
Transfer of patients in the asylums.
"The present situation necessitates the transfer of a large number of patients in the asylums. By order of the Reich Defense Commissar, I order the transfer of 120 patients from your institution. The transfer will probably take place on 24 October, 1941, the Charitable Patient Transport Corp. in Berlin, and/or its transportation manager, will contact you with regard to the selection and the picking up of the patients, which will take place on my order.
"The transport is to be prepared by the delivering institution. In case the institution has no railroad siding, the transportation of the patient to the next railroad station is to be done by the institution. Restless patients are to be treated by adequate means for a trip of several hours. The patients, as far as possible, are to be handed over in their own underwear and clothing. Their entire private property is to be sent along with them well packed. In so far as they have no private clothing, the delivering institution is to loan underwear and clothing.
"The personal records and case histories of the patients are to be handed over to the man in charge of the transport. Those who pay the costs are to be informed by the delivering institution that further payments beyond the day of the transfer are to be suspended until they are requested by the receiving institution. In cases where the patients are committed by the courts this information is to be transmitted to the penal authorities, along with with the file number.
The next of kin will be immediately notified of the transfer by the receiving institution. If in the meantime a relative should inquire of the delivering institution, the latter is to reply, if the name of the receiving institution is not known to it, that the patient was transferred by order of the competent Reich Defense Commissar. Besides, the new institution will contact the relatives as soon as possible.
On behalf of (Signature) illegible."
The third page of the document is ?again a certificate, which is similar to the certificate which we presented in document no. 1135, signed Eglfing, 24 October, 1940, E. Puppe, For the Charitable Patients Transport Corporation.
At pages 4 to 7 of the Document are the 11th Transport List No. 5, completed on 24 October, 1940, listing 120 persons.
That finishes the Document Book No. I.
DR. SERVATIUS: Mr. President, in my Document Book this list does not seem to be complete. It stops with No. 97 and there should be 120 names. Maybe the Prosecution can clear that up.
DR. HOCHWALD: There is one page missing. I presume that in the copy of Dr. Servatius one page, which is the last page of the document, is missing
DR. SERVATIUS: I shall receive the rest of the names.
DR. HOCHWALD: I want to present, if Your Honors please, Document Book No. 17, and as the first part of Document Book No. 17, which I shall take up now -
THE PRESIDENT: Before we get to the opening of this Document the Tribunal will recess, and requests that the Prosecution during the recess period be ready to show to the Tribunal the original of Document No. 1063. If the document is convenient, the Prosecution will hand it to the Tribunal at this time.
DR. HOCHWALD: If the Tribunal please, I want to read from page no. 4.
THE PRESIDENT: We have stated that the Tribunal will now recess but I have asked that the original document No. 1063 be submitted to the Tribunal now before the recess.
DR. HOCHWALD: Your Honors, I have been informed that this document is in possession of the Secretary General.
THE PRESIDENT: Will you procure the document and hand it to the Tribunal during the recess in the consultation room. The Tribunal will now recess.
THE MARSHAL: The Tribunal is again in session.
DR. HOCHWALD: If the Tribunal please, I want to read from Document Book No. 17, page 24 of the Document Book, and I offer into evidence Document NO-1313 which will be Prosecution Exhibit 336: "Schwarzsee near Kitzbuchel," dated "20 August 1940."
"Dear Director, The heavy rains during the first half of my vacation had the advantage of giving me sufficient leisure for reflection, and I am very grateful to you for your great kindness and consideration in giving me this time to make up my mind.
The new measures are so convincing that I thought I could let personal considerations go by the board. But it is another thing to approve of measures of the State with full conviction, and something else to carry them out oneself, in their final consequence. I am reminded of the difference which exists between judge and executioner. Therefore, in spite of all intellectual insight and goodwill on my part, I cannot escape the realization that according to my personal nature I am not suitable for this job. As vivid as my desire is in many cases to improve upon the natural course of events, as repugnant it is to me to carry this out as a systematic job after cold-blooded deliberation and according to scientific objective principles, and not urged by medical feeling toward the patient. What has endeared to me the work in the Children's House was not the scientific interest, but the physician's urge, amidst our often fruitless labor, to help and at least to improve many of our cases here. The psychological evaluation, and the curative and pedagogic influence were always much closer to my heart than anatimical curiosities, no matter how interesting they were. And so it comes about that, although I am sure that I can preserve my full objectivity in giving expert opinions, I yet feel myself somehow tied emotionally to the children as their medical guardian, and I think that this emotional contact is not necessarily a weakness from the point of view of a National Socialist physician. However, it hinders me from combining this new duty with the one I have hitherto carried out.
"If this should force you to place the work in the Children's House into other hands, it would certainly be a painful loss to me. However, I consider it more right to see clearly and to recognize in time that I am too soft for this job, instead of disappointing you later.
"I know that your offer to me is a sign of special confidence, and I cannot honor your confidence in any better way than by absolute honesty and openness.
Heil Hitler Your very devoted (signature) F. Hoelzel (Rubber stamp): Directorate of the Eglfing-Haar Insane Asylum of the regional association of upper-Bavaria.
(Handwritten): Received 29 August 1940, 1600 hours. (Initialed) Pfannmueller."
I turn now to Document NO-1310 which will be Prosecution Exhibit 337, a draft dated September 20, 1940: "To the Bavarian State Ministry of the Interior, Department for Health Services, Munich, Theatiner Street, "dated" Eglfing, 20 September 1940. Subject: Transfer of Mentally Ill Jews. Reference: Ministerial Decision of 4 September 1940. No. 5236 a 44. Inclosures: 1 list of Jewish Men, 1 list of Jewish Women.
"In compliance with the above-stated decision, I am turning over to you a list of the inmates concentrated in the mental institution of EglfingHaar, as far as they are full-blooded Jews of German and Polish nationalities as well as stateless Jews.
"The mentally ill Jewish inmates were transferred by the Patient Transport Corporation on 20 September 1940 to an institution serving as a collecting center. I am reporting to the State Ministry that from now on my institution will feed only Aryan mental patients. In the future I shall refuse to accept mentally ill full-blooded Jews.
"There is still one mentally ill full-blooded Jew in our institution who is a native of the Protectorate Bohemia and Moravia, and whose transfer to an institution of the Protectorate should be suggested as soon as possible.
(Initial: ) P" for Pfannmueller.
The Tribunal will certainly recall that I read from Document NO-1135- this list of Jews, pointing out the 2 names from Poland and the name of the Jew from the Protectorate, Bohemia-Moravia, and the No. 13, whose name was crossed from the list. This document refers to this list.
I turn now to Document NO-1312, Prosecution Exhibit 338:
"The Director of the Mental Institution of the District Association Upper Bavaria Eglfing-Haar "Contract "I have been instructed by the director of the mental institution Eglfing-Haar, Obermedizimalrat Dr. Pfannmueller, with regard to the kind of work and my duties in the special ward of the children's ward of the mental institution Eglfing-Haar, in which children of the Reich Committee for the Scientific Approach to severe Hereditary and Constitutional Diseases are confined.
I declare to carry out my duties in this ward according to the instructions issued by my chief and I confirm that my attention has been called to the fact that the treatment of the children in this ward is top secret and is to be kept as such. I have been instructed that I have been ordered absolute secrecy as to the incidents which will become known to me during the treatment of the children of this ward, and that the law provides that any breach of secrecy will be punished with the death sentence. I have been sworn to absolute secrecy by hand shake. I shall observe it most strictly always and towards everybody.
"Eglfing, 26 April 1941 (signatures:)
"Dentlemser Emma "Spindler Maria "Lang Emma The next document, Number NO-1311, which will be Prosecution Exhibit 339, is another document swearing to secrecy one of the officials of the insane asylum:
"Obligation" "I, the undersigned, have been obligated by hanshake instead of by an oath, on the part of the director, to receive and to copy matters concerning the Reich which have to be kept secret.
Such papers are of special confidential nature. I herewith undertake to keep all papers which should become known to me under the heading 'Top Secret' strictly secret, and never to give anyone knowledge of them without specific order from the director of the Institution, Dr. Pfannmueller. My attention has been called to the fact that if I should not keep this oath of secrecy, I will face prosecution by the Gestapo, and that I will have to count with the possibility of the death penalty if I should either carelessly or deliberately divulge matters which have become known to me as 'Top Secret'."
"Eglfing-Haar, 20 February 1942 (signature) "Erich Frank" This finishes Document Book No. 17.
Mr. Shiller will now proceed in submitting the evidence which is contained in Document Book No. 14, Second Part.
MR. SHILLER: If it please the Tribunal, I should now like to offer in evidence Document Number NO-1131 as Prosecution Exhibit Number 340. This document consists of a number of .....
THE PRESIDENT: Has the Tribunal received copies of that Document Book?
MR. SHILLER: I believe the Secretary General has been furnished with copies of this Document Book, Your Honor, Book 14, Part 2.
THE PRESIDENT: A search is being made for the copies of this Document Book in English. I would like to ask the Prosecution a question about Document Book Number 17-- the first document in the book, Document Number NO-471,--that was not offered in evidence this morning, Has it already been received in evidence?
MR. SHILLER: Yes, Your Honor, this is already Prosecution Exhibit Number 238.
THE PRESIDENT: Two of the copies handed to the Bench are Document Book Number 14, Part 1, while two copies are Document Book Number 14, Part. 2, We are still short two copies of Document Book, Part 2...... I was misinformed. The Tribunal has the copies of Document Book 14, Part. 2.
MR. SHILLER: The first document in Document Book 14, Part 2, is Document Number NO-1131. Is that correct, Your Honor? This is another document similar to the ones already read by Mr. Hochwald. That is, it is an order from the State Ministry of the Interior at Munich, 12 November 1940, to Director Dr. Pfannmueller, ordering the transport of 140 patients from the Institution Eglfing-Haar.
THE PRESIDENT: What is the number of this Exhibit?
MR. SHILLER: This is Prosecution Exhibit Number 340. On the next page, that is page 94, we see again a receipt, the bottom of which is dated "Eglfing, 15 November 1940" (signature) "E. Puppe, For the Charitable Patient Transport Corp". Pages 95 and 96 consist of Transport List No. 6 from Eglfing Haar, dated 15 November 1940, giving a total of 57 patients. Page 97, 98, and 99, consists of Transport List No. 7, dated 15 November 1940, with a total of 84 patients.
Turning to page 100, I now introduce in evidence Document Number NO-1132, another order from the State Ministry of the Interior. This will be Prosecution Exhibit Number 341.
On Page 101 again we have a receipt from Eglfing, 13 February 1941, (signature) E. Puppe, For the Charitable Patient Transport Corp.
Turning to page 103, pages 103, 104, and 105, consist of Transport List No. 13, completed on 25 February 1941, consisting of 77 patients.
Turning to page 107, Your Honor, pages 107, 108 and 109, consist of Transport List No. 13, completed on 25 February 1941, listing a total of 74 patients.
The next document is Document Number NO--1144, on page 110 of the Document Book, which I now offer into evidence as Prosecution Exhibit 342. This document consists of correspondence, that is, inquiries as to the whereabouts of various inmates of mental institutions:
"Copy" "November 1st, 1940 "Therapeutic Establishment of Werneck by Wuerzburg "Gentlemen:
"I learned that my mother, Frau Gertrud Sonder, is supposed to be no longer in Werneck. As her only child, and as an American citizen who has contributed to the costs of my mother's upkeep, I request you kindly to give me an indication as to the present whereabouts of my mother.
"I should be very thankful if you would give me such indication by return air mail. Please charge any eventual expenses to my privileged frozen account with the Bayerische Vereinsbank in Wuerzburg.
"Respectfully, (signed) "Hans Sonder c/o Topsy's 112-01 Queens Blvd.
Forest Hills, N.Y., U.S.A."
on the next page we find the reply:
"COPY" "Nr. 5289 "1 Enclosure "To: The Management of the Therapeutic and Nursing Establishment "Eglfing-Haar "transmitted with request to handle directly, the present location of Gertrud Sonder being unknown in this establishment.
"Werneck, 3 December 1940 "The management of the Therapeutic and Nursing Establishment of Werneck (signed) "Dr. Papst "draft "mdt.
7.12.40 W "No. 8864 "V. k. H. with 1 enclosure transmitted to the Public Utility Sick Transportation G.m.b.H. Berlin W9, Potsdamerplatz, 1, with request for attention.
Eglfing, 7 December 1940, The Management:"
On Page 112 another such inquiry:
"Copy - Elsa Sara Hechheimer - Mainz, 1 December 1940.
"To: The Management of the Therapeutic and Nursing Establishment Eglfing-Haar.
"I beg to inquire herewith whether my cousin Herr Oswald Feis from Deidenheim in der Pfalz is in your establishment. He reported to me sometime ago from the Therapeutic and Nursing Establishment in Ansbach that he was being transferred to Eglfing, Directly I wrote him three times enclosing a stamped envelope for answer, without receiving any news from him. A parcel sent to him was also returned to me.
"I request you kindly to let me have some news as soon as possible as to his state of health and as to whether he is still staying in your establishment I should like to prepare him a Christmas treat.
"Thanking you in advance for your prompt notification, I am Most respectfully, (Signed) Elsa Lucie Sara Hockheimer, Mainz, Martinstrasse 38/1. Enclosed: return postage 12 pfennig stamps. No. 8823 V.k.H. transmitted to The Public Utility Sick Transportation G.m.b.H. Berlin W. 9, Potsdamerplatz 1 with request for attention. Eglfing, 6 December 1940, The Management Pfannmueller."
On page 113 there is a reply draft.
"6/12/40. Mrs. Elsa Lucie Sara Hochheimer, Mainz, Martinstrasse 38./1 Eglfing, 6 December 1940, Subject: Feis Oswald Israel. Your letter of December 1, 1940.
"We have forwarded your letter to the competent agency because the name of the receiving center is unknown to us."
I shall now skip a number of such inquiries and replies and I as your Honors to turn to page 118 of the Document book. This is another inquiry:
"Memmingen, 4 December 1940, To: The Therapeutic and Nursing Establishment, Eglfing/Haar near Munich. Subject: Bertha Weil.
"The Therapeutic and Nursing Establishment Kaufbeuren informed me upon request that my cousin, Mrs. Berta Weil, nee Rosenbaum, of whom I am the sole relative still living in Germany, has been transferred to your establishment.
I beg for permission to call upon you asking how she is and on which days of the week I may visit her. Perhaps you are furthermore in a position to tell me what is the best possible way to reach Eglfing from Munich. Thanking you in advance, Most respectfully, (signed) Benne Israel Rosenbaum, returnstamp!"
On page 119 we have the reply:
"Draft mdt. 6/12/40. Mr. Benne Israel Rosenbaum, Memmingen, Eglfing, 6 December 1940/
"Subject: Weil Berta Sara to letter from 4/12/40.
"Bertha Sara Weil has been transferred together with a collective transport of Jewish inmates to some other establishment according to a decision of the Ministry of the Interior. The name of the new establishment is not known to us. The relatives shall be informed by the receiving center."
Now, turn to the next Document on page 126 of the Document book. I offer in evidence Document No. 1143 as Prosecution Exhibit No. 343. This consists of eleven letters of inquiry as to the whereabouts of former inmates of Eglfing Haar Institute. It is interesting to note that these inquiries are not made by private individual's, but by Government agencies, that is Reich Government agencies.
Copy "Weurzburg, 3 December 1940 "No. 6513, State Welfare Agency Herrnstrasse 1, Telephone 3761.
Main Franconia.
To the Mental Institution - Eglfing - Haar, near Munich.
"Subject: Welfare service for Neumann of Schoellkrippen.
"According to information received from the Mental Institute Lohr in September of this year the above has been transferred to the Mental Institution Eglfing-Haar upon order of the State Ministry of the Interior. Upon our order to the district office Bavaria of the National Association of Jews in Germany in Munich, to make the payments to that institution, we received the answer that Neumann was not any more in Eglfing and that his whereabouts were unknown and that for that reason no payments would be made.
"Will you please inform me whether the statements are correct, since no thing is known here about a further transfer.
(Signed) Koettnitz, mdt 10 December 1940 W, No. 8899 V.k.H. returned to the State Welfare Agency MainFrancenia in Wuerzburg, with the information, that, on 20 September 1940 Wilhelm Israel Neumann has been transferred to another institution with a collective transport of Jewish patients, according to a decree of the State Ministry of the Interior. The name of this institution is not known to us. Eglfing, 10 December 1940, Management: (Signature) illegible." "The Senior Public Prosecutor - Landau in the Palatinate 13 December 1940.
"To the Office of the Mayor - Landau, "Subject:
Placing under guardianship: Albert Israel Tillmann, born 22 February 1836 in Duerkheim, latest residence in Landau, Your file No. Dst. 10.
"Will you please inform me about the present whereabouts of Tillmann. According to information received from the management of the Mental Institute for Upper-Bavarie in Eglfing-Haar he has been transferred to an unknown institution with a collective transport of Jewish patients on 20 September 1940. Dr. Zeller, Certified: (Signed) Haeussel, Clerk of the administration of justice.
Next page, seven:
"Subject: Placing under guardianship: Albert Israel Tillmann. "Copy: To the Mental Institute - Eglfing-Haar, with the request to inform us as soon as possible, whether the present whereabouts of Tillmann are known, or upon whose orders he has possibly been transferred. Landau in the Palatinate, 23 December 1940, By order of the mayor:"
"Handwritten - Draft! 30 December 1940 V.K.H. returned to the Mayor in Landau in the Palatinate (Pfalz), with the following information:
"The present whereabouts of Albert Israel Tillmann are not known here. The transfer took place upon the order of the State Ministry of the Interior. Eglfing, 30 December 1940, Acting for the Management: (Initialed) S".
The Tribunal will now turn to page 132 of the Document Book. This is another letter.
"Copy Nuremberg, 27 Sept.
1940 "The Lord Mayor of the City of the Reich Party Rallies (Stadt der Reichsparteitage Health Department) Re: Wiesengrund Sofie, born in Nuremberg on 3 January 1894, last residence Nuremberg, Weinmarkt 14.
The above mentioned was discharge from the mental institute Erlangen on 16 September 1940 and transferred to the mental institute Eglfing. (Order of the State Dept.) Custody Ordinance according to article 80/11, P Penal Code, New No. Hs 3/41. ?G.R, to the Mental Institute Eglfing, with the request for a short statement whether a change has taken place in the condition of the sick. Nuremberg, 3 January 1941, Supreme Prosecutor: By order, signed: signature Mueller."
The answer is on the next page:
"First draft, mdt. 9 January 1941, No. 182, v.k.H. back inclusive 1 document.
"to the Supreme Prosecutor in Nuremberg, with the information that Sofie Sara Wiesengrund in accordance with a decision of the Reich Minister of the Interior was transferred in a collective transport of Jewish patients on 20 September 1940 to an institution unknown to us. Eglfing, 9 January 1941, The Director: Initialled."
This clearly shows that the secrecy of the program at thus time was such that even other Reich government officers and ministers were not being informed as to the exact disposal of the patients.
The Tribunal will now turn to page 136 of the document Book. The next Document which I now offer in evidence is Document No. 1134 as Prosecution Exhibit No. 334. This is another order of the State Ministry of the Interior to Director Dr. Pfannmueller, ordering him to transport 140 patients On page 137 is another receipt.
Turning to page 139 - pages 139, 140 and 141 consist of transport list No. 10 completed on January 24, 1941 and having a total of 100 patients.
Turning to page 143 of the Document book, pages 143, 144 and 145 consist of transport lists No. 11, completed on January 24, 1941, having a total of 100 patients.
The Tribunal will now turn to page 147 of the Document book. I now offer in evidence Document No. 1136 as Prosecution Exhibit No. 345. This is a list of transports of mental patients from Eglfing-Haar. Notice the last one at the bottom of the page, Transport 20, dated 2 June 1941. The number transported in that transport is given as 1, 857.
DR. SERVATIUS, (Attorney for the Defendant Brandt): Mr, President, in the Document book which has been given to us there are a number of lists lacking - Documents 1136 and 1145, furthermore a Document, namely No. 868 is missing. If they should be given to me at a later time. I should be in a position to raise objections perhaps at that time.
MR. SHILLER: Your Honor, Document Nos, 1136 and 1146, the first two documents referred to by Mr. Servatius, were such that they could not be mimeographed in German. I believe there were pencil notations or something of that nature on them, therefore, they were photostated. Being bulky, they were delivered to the Defendant's information Center, I believe, on Thursday of last week. They have at least nineteen copies delivered to the Defendant's Information Center. With respect to the third document, No. 868, that document while it remains in the index has been omitted from the Document book in both German and English and will not be offered in evidence.
THE PRESIDENT: After all the examination has transpired if the Defense Counsel has not received clear copies, the omission will be rectified at the earliest possible date and if they have received the copies, that will be satisfactory.
MR. SHILLER: I now go to the next Document on page 148 and offer in evidence Document 1139 as Prosecution Exhibit 346. This is a letter from Pfannmueller "To the Reich Committee for the Scientific Approach and Treatment of Severe Hereditary and Constitutional Diseases. Berlin 9, Post Office Box 101, Eglfing, 17 January 1941.
Subject: Obligatory Registration of deformed and other new-born patients of the Mental Institution of EglfingHaar. Enclosures: 3 Registrations.
"According to the arrangements agreed upon at the conference of 10 December 1941 in Berlin W 8, Vosstrasse 4, you received enclosed 3 notices of cases hospitalized in the children's house of the mental institution of Eglfing-Haar, which by virtue of the decision of the Reich Ministry of the Interior 1V b, 30 8/39 16 August 1939 are to be reported."
THE PRESIDENT: I have 18 August.
MR. SHILLER: I am sorry, Your Honor, that should be 18.
"Heil Hitler (initialed) illegible. pencilled: Have been registered: 1) Czerny Gertrud 8 January 35, 2) Hernsterner, Edward 2 January 1938 and 3) Trenker, Gertrud 7 May 1938."
I ask Your Honors to turn to the next page of the Document book. I offer in evidence No. 1142 as Prosecution Exhibit No. 347. This is a letter from Pfannmueller concerning Jewish Inmates of his institution.
"Stamped: To be filed.
"To the General Sick Transport Company Gmbh, Berlin W 9, Potsdamer Platz 1, 28 February 1941.
"Jewish Inmates of Institutions. RE: Your letter of 25 February 1941.
"The enclosed lists have been completed by adding the requested data, as far as this has been possible. We remark in this connection that various patients had been admitted to this institution as transient patients for only a few days. (Initialed)."
THE PRESIDENT: That Document is initialed "Z". What identifies it as being written by Mr. Pfannmueller?
MR. SHILLER: I am sorry, Your Honor, this is one of the Documents taken from the files of Mr. Pfannmueller. It is my understanding that this is one written at his direction. I will retract the statement that it is from Pfannmueller, however, besides the original document, as I am now given to understand, contains the Initial "Z" and not Pfannmueller, which does not show on the translation and the letter "Z" is not the initial referred be, but has some other connotation unknown to me at the present time.
I now introduce in evidence Document No. 1141 as Prosecution Exhibit No. 349. This is a letter from Franz Fruehbeisser, Legal Advisor, Reich Professional Group to the director of the mental institution. It is dated 25 April 1941:
"Subject: Heritage of Berta Sara Wertheiner - having died on 3 December 1940 in the insane asylum Chelm.
"The there temporarily admitted Wertheiner has left the territory of the Reich.
"I am asking for information as to where to Wertheiner was transferred from there on 20 September 1940. Signed Heil Hitler Administrator of Legacy.
"mdt 28 April 1941, W.
"one following handwritten:
"letter back.
"B.A.W. was transferred according to a decree of the Bavarian State Ministry of the Interior of 4 September 1940 No. 5236a 44 in a collective transport of Jewish inmates from our institution to an institution unknown to us. The transport of the patients was carried out by the General Patients Transport Company, G.m.b.H., Berlin W.9, Potsdamerplatz 1, to which you may turn with all further questions.
"signature: 27 April 1941 Pf."
The next document is Document No. 1138. Your Honors, this has been incorrectly stapled in the document book; that is, page 152 should come before page 151. I should like to start, therefore, on page 152. This is Document No. 1138, which we offer as Prosecution Exhibit No. 349. This document consists of correspondence between Pfannmueller and the Reich Committee for Scientific Research of Heriditary and Constitutional Serious Diseases.
"Reich Committee dated for the Scientific Research 30 April 1941 of Heriditary and Constitutional Serious Diseases "To Mr. Dr. Pfannmueller mental Institution Eglfing-Haar near Munich Post Office box 31 "Subject:
Child Anna Marie Thalmaier, born 5 May 1938 in Welnzach, Pfaffenhofen."
THE PRESIDENT: This document which is contained in the book before me, it contains the date 5 May 1941 at the head of the document and reads, "The answer to your letter of 30th of April 1941."
MR. SHILLER: Your honor, that is correct. Page 152 should be the first page of the document and is dated 30 April 1941 and the reply carried a later date and that is 5 May 1941. Is that clear, Your Honor?
(no audible response)
"I have received a report on the child Anna Marie Thalmaier who was transferred by you on ?? June 1940 to the Associated Institution Schoenbrunn, station and Post Office Roehrmoos.
"I request a medical report with prognosis on the child, insofar as it is still possible at this time.
Heil Hitler: as deputy: Dr. Klein "Stamp:
Reich Committee for the Scientific Research of Hereditary and Constitutional Serious Diseases."
Now, turn to page 151, Your Honor, and this is the reply:
"Eglfing, the 5 May 1941.
"Draft mdt. 5 May 1941.".
"To the Reich Committee for Scientific Research of Hereditary and Constitutional Serious Diseases.
Berlin W 9 Post Office box 101 "Subject:
The child Anna Marie Thalmaier.