The authenticity of the book, the fact it was published is not denied or disputed by defense counsel.
MR. MCHANEY: The next document, page 134 of Document No. 709, which is an extract from Jr. von Olshausen's Commentary on the Penal Code, the 12th revised edition, which is offered for the purpose of reading the paragraph on Page 136. Beginning "No right to mercy killing replacing the certain cause of death, which is painful," etc., it is offered in the record as Prosecution Exhibit No. 399.
DR. FROESCHMANN: I object to this document for the same reason I objected to No. 708.
THE PRESIDENT: Does defense counsel challenge the fact that such a publication as this was written, printed and published at the time it purports to have been by the person by whom purports to have been written?
DR. FROESCHMANN: No, Your Honor.
THE PRESIDENT: Is there any challenge from any defense counsel to that fact? There being no objection to the admission in evidence of this document, the offer of the exhibit is sustained.
MR. MCHANEY: We come now to Document No. 823 on Page 138 of the English Document book, and this is offered as Prosecution Exhibit No. 399. This is a very long confidential memo written by Pastor Braune on 9 July 1940. He was director of the Central Committee for the Home-Mission of the German Evangelical Church. I wish to read only a few extracts from this memo, the subject of which is "Planned Economy Removal of Inmates from Mental Institutions."
"In the course of the last months, it has been observed in various parts of the Reich that a great number of inmates of mental institutions have been transferred for reasons of 'planned economy'; that in some cases they are moved several times, until after a few weeks the news of their death is received by their relatives. The uniformity of the measures and also the uniformity of circumstances banishes any doubt that these are measures planned on a large scale by which thousands of human beings 'unfit to live' are being done away with in a certain way. Some are of the opinion that for reasons of Reich defense it is necessary to kill off these useless caters. The opinion is also voiced that for reasons of the improvement of the German race, it be essential to eliminate as quickly as possible the mentally diseased and otherwise incurable cases, as well as those human beings who are abnormal, asocial and antisocial.
It is estimated that a hundred-thousand and more people may be concerned. In an article by Professor KRANZ in the April issue of the 'NS-Volksdienst' the number of those whose liquidation would probably de desirable is indicated as exceeding one million. There now are probably thousands of Germans who, without legal justification, have been done away with or whose death is immanent. It is mandatory to abolish this procedure as quickly as possible as the morale of the people is thereby heavily undermined. The invulnerability of human life is one of the pillars of any form of Government. If killing is to be ordered, valid laws must be the basis of such measures. It is impossible that ill people are constantly done away with without careful medical examination and without any legal protection, also without hearing the opinion of their relatives and their legal representatives, simply for reasons of usefulness."
I skip now to Page 141 of the English Document Book the second paragraph from the bottom of the page:
"In order to determine the approximate number of persons having died in Grafeneck, I call the attention to the fact, that the urn of the Mr. Heimer who died on 10 April 1940 bears the number A. 498, while the urn of another man who died an 12 May 1940, also in Grafeneck, Max Breisow, bears already the number A.1092. As the whole institution has in normal times not more than 100 beds, this can only be the number of the death cases. According to that 595 people died in 33 days. This would mean 18 deaths per day in an institution with approximately 100 beds. This final conclusion does not seem to be impossible in the light of the fact that in the course of 1 to 2 months 300 patients were transferred from BedburgHau to Grafeneck, from Buch also some hundreds, from Kueckenmuehle about 150 and from Wuerttembergian institutions an additional great number not known to me."
"A second region where these observations were made to a greater ex tent, is the country of Saxony.
There the State Mental Institutions were concerned, by these measures at first. These are the institution Hohenweitsschen near Westerwitz, Grosschweidnitz near Loebau, Arnsdorf and Hubertusburg and Zadrasch. In the first mentioned institution the number of death cases amounted:
in 1938 to about 80 in 1939 to about 102 until 15 May 1949 to about 124.
In the institution Grosschweidnitz the number of death cases amounted to:
1938 50 1939 141 until 25 May 1940 228 While it is true that in normal times about 12 patients died in a quarter of a year, in 1940 125 patients have already died in the same period of time.
The increased death number of the year 1939 is exclusively from the last quarter. General weakness is mostly stated as death cause. There is a similar situation in the institution Arnsdorf, where the number of deaths amounted:
in 1938 to 101 1939 to 200 until 25 May 1940 to 101 This means an increase of about three times over the normal death rate.
It has been established beyond doubt in the Saxon institutions, by visits, that the death rate is increased by depriving the patients of food. The food is diminished, as it is reported by reliable persons, to a daily value of 22 to 24 Reichpfennig. As it is impossible for the patients to live on that they are given a medicine (Paralyth by force, whereby they are falling into an apathic condition. By verbal end written reports it is pointed out in a dramatic way, how the patients cry again and again their "hunger, Hunger!" Employees and nurses who cannot bear that any longer have stilled some hunger with their private means but the result is absolutely clear.
Hundreds have died a quick death in consequence of these measures.
"But this does not only concern patients, who are mentally absolutely dull, but in the contrary patients, which are realizing rather exactly these procedures and noting the number of funerals per day. One report describes the deathly fear of a patient who was fully aware of the fate in store for him and his fellow-sufferers.
"In Saxony the former penitentiary Waldheim has been renamed in consequence of these measures to 'mental institution.'
"From this so-called mental institution, too, came suddenly death notices, always in identical form, to the relatives, who did not know any thing about a transfer, saying that the patient has died of influenza, heart weakness or some other disease. His body had to be cremated immediately because of danger of spreading diseases, the clothes had to be burnt likewise or were handed over to the National Socialist Peoples Welfare."
MR. MCHANEY: We turn now to the following Page, 145. The first full paragraph:
"The persons who died, as per enclosed letter, probably were not insane at all but were merely inmates of above mentioned penitentiary Waldheim in Saxony;"
THE PRESIDENT: From what page are you reading, counsel?
MR. MCHANEY: Beg pardon, Sir?
THE PRESIDENT: What page?
MR. MCHANEY: 144.
THE PRESIDENT: I thought I understood you to say 145.
HR. MCHANEY: I think I did, Your Honor, but it is page 144.
"--in one case it is said that initial steps had already been taken for release from the institution. At any rate the relatives do now know that their deceased kin was incurably sick. The 'letters of condolence' seem to be made according to a general pattern which perhaps is fitting for feeble-minded and epileptics. But it hurts when the letter always repeats the phrase: 'In suite of all medical efforts..... we did not succeed in saving your husband's life.
' Since the City of Brandenburg has its own crematory a cremation of the dead is quite possible particularly since the Neuenburger Street has a special exit."
We now turn to the next page of the document, which is page 149 of the English Document Book, the first full paragraph:
"If they are giving as a reason for this measure that the food situation of our nation requires the elimination of useless eaters, I have to reply that even in the case of killing one hundred thousand persons, among 1000 healthy only one sick would be killer, which is of no importance at all for the food situation. Nor can they offer as a reason that the occupation of the existing buildings and rooms is considered a waste from the point of view of national economy. After all these buildings had first of all been erected for the sick, and at the outbreak of the war the very institutions have put at disposal ten thousands of hospital beds without restricting the care of the sick beyond a supportable measure. It is true that the sick, too, shall participate in the burdens of the war, but this is still far away from a systematic destruction.
"We are therefore confronted with an emergency state that affects deeply all who are familiar with the problem, that destroys the tranquility within many families and threatens to develop into a danger whose consequences cannot be foreseen.
"The competent authorities are requested to see that these disastrous measures be abolished and that the whole complex of questions be first examined from the legal, medical, ethical and state-political point of view, before they decide upon the fate of thousands and ten thousands of beings.
It is signed "Pastor Braune, 9 July 1940."
THE PRESIDENT: The Tribunal will now recess until 9:30 o'clock tomorrow morning.
Official transcript of the American Military Tribunal in the matter of the United States of America against Karl Brandt, et al, defendants, sitting at Nuernberg, Germany, on 15 January 1947, 0930, Justice Deals, presiding.
THE MARSHALL: The Honorable Judges of Military Tribunal 1.
Military Tribunal 1 is now in session.
God save the United States of America and this Honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Mr. Marshal, ascertain if the defendants are all present in the courtroom.
THE MARSHALL: May it please the Tribunal, all the defendants are present in the courtroom.
THE PRESIDENT: The Secretary General will note for the record the presence of all the defendants in the courtroom. The prosecution may proceed. Due to defects in the sound transmission, the Tribunal will take a recess.
(A recess was taken.)
THE PRESIDENT: The Prosecution may proceed.
DR. HOCHWALD: The next document I want to present is on page 157 of the English Document Book, 623-PS, which will be Prosecution Exhibit No. 400.
"The State Bishop Stuttgart, 6 September 1940 "To the Reich Minister of Justice "Dr. Guertner "Berlin W "Wilhelmstrasse 65 "Dear Reich Minister:
"Permit me to inform you of a second letter I have sent to the Reich Minister of the Interior concerning planned extermination of insane, feeble, and infirm compatriots. This thing is growing into a great danger and scandal I would appreciate it very much if you, Reich Minister, permitted me to present...."
THE PRESIDENT: Apparently defense counsel is not receiving the translation. Is the transmission system now in operation?
INTERPRETER: Yes, Your Honor, it is.
THE PRESIDENT: Counsel will begin the reading of the document ever again.
DR. HOCHWALD:
"To the Reich Minister of Justice "Dr. Guertner "Berlin W "Wilhelmstrasse 65 "Dear Reich Minister "Permit me to inform you of a second letter I have sent to the Reich Minister of the Interior concerning planned extermination of insane, feeble, and infirm compatriots.
This thing is growing into a great danger and scandal. I would appreciate it very much if you, Reich Minister, permitted me to present you next Wednesday, September 11, further details about the matter with corroborating documents. Notification if and when I may be received is requested care of Dean Keppler, Berlin NJ 87, Holsteiner Ufer 16, phone 392950.
"Heil Hitler!
"Your "(signature) "D. Wurm" The next document is on page 158, Document Number NO-846, which will be Prosecution Exhibit Number 401."The Archbishop of Munich and Freising "Munich 2, 6 November 1940 "To the Reich Minister of Justice Dr. Guertner "Berlin "In spite of all precautions and threats, it has today become an open secret that questionnaires are requested on the inmates of mental institutions, their age, their regular visits, the duration of their illness, that the designated persons are taken in groups, during the night, by train or in busses to other institutions, to Grafeneck in Wuerttemberg, to Hartheim near Linz on the Danube, to Sonnenstein in Thuringia, and that after about a week their next of kin are informed from there that they have died suddenly.
The relatives are at the same time informed that 'due to police regulations or for reasons of public health' the body has been cremated.
The relatives in their grief and their bitterness approach the church authorities and submitting the written announcement ask for a church funeral. The German bishops, without changing their fundamental standpoint with regard to cremation, agree in such cases to a church funeral, because the cremation took place without the consent of tho guardian or the relatives and against their religious conviction. But loud and louder is the cry from the circles of the German people for a statement from the German bishops on with this fact, the official extermination of sick compatriots.
The formula of the oath of allegiance agreed upon in Article 16 of tho Reich Concordate obligates the bishops "in the dutiful care for the well-being and interests of the German state to prevent any damage which might threaten it."
"The Archbishop of Munich, therefore, feels that he has the obligation by virtue of the Reich Concordate, not only by God's commandments, the unshakable basis of any public order (Page 2 or original) and not only by the cries of the distressed people to raise before you, the Reich Minister of Justice, the complaint and the accusation that for months inmates of mental institutions have been being done away with on masse, behind the walls of the institutions by means of euthanasia.
"The German bishops pronounced the Cristian viewpoint on this question in a letter addressed to the Reich Ministry of Justice in 1934, when the draft for the New German Penal Law was under consideration, in which 'euthanasia and the extermination of life unfit to live' was mentioned. The German bishops at that time stated that euthanasia is incompatible with the Christian moral law, adding: 'The same is true of the killing of the incurably insane.' An opinion drawn up by the German bishops on this question, explained this viewpoint in detail in a memorandum addressed to the official penal code commission in the same year 1934. In 1936 there appeared the second edition of the book 'The Coming German Penal Code' edited by you the Reich Minister of Justice; this book contains on page 375 in the paragraph in the new petition of the German bishops of 11 August 1940:
"'Consent to the extermination of so-called life unfit to live is out of the question. In the main severely insane person and complete idiots ere concerned.
The National Socialist state is trying to prevent the arising of such cases of degeneration in the body of the nation by extensive measures, so that they will have to become more and more rare. But the strength of the moral standard of the prohibition against killing must not be weakened by the fact that or captions are made for reasons of pure expediency in the case of victims of serious illnesses of accidents, even if these unfortunate ones are united to tho body of the nation only by their past or by their external appearance.'
"According to this statement, the Episcopate had to assume that the endeavors to exterminate life unfit to live would be refused any legal or other state sponsorship. The developments of the last few months, which have brought about mass deaths of the inmates of mental institutions have frustrated this hope and caused the chairman of the Fulda conference, Cardinal Bertram of Breslau, once again to raise a warning voice in tho name and on behalf of the German bishops in a letter addressed to the Reich Chancellery, attention Reich Minister Dr. Lammers, under date of 11 August 1940. I assume that the wording of this letter free the German bishops dated 11 August 1940, from which I take the data given above regarding its antecedents is known to the Reich Ministry of Justice.
"The inalienable and unchangeable paragraph of the natural moral order: 'Thou shalt not kill' has been taken over without restriction into the Cristian moral code. It is left to God, the Creator of life, the master of life and death, to determine the hour of death. The willful extermination of life, of one's own life by suicide, of the life of others by killing, is stigmatized by the law of God as criminal interference in the moral order. Natural as well as Christian moral law entitles the state authorities to call upon the men able to bear arms to defend their fatherland even at the sacrifice cf their lives. The state authority furthermore carries as the 'order of God', 'the sword not for nothing,' and has the right to inflict the death penalty for especially serious crimes committed against the moral order. In the Cristian world order, however, a more extensive right, for instance the right to kill life unfit to live by euthanasia, for reasons of euthanasia or even for reasons of national economy, is not recognized.
Even if a state law should exempt such actions from punishment, such a law could not be granted inner justification within tho Cristian world order.
"According to the Christian ideology, ill and suffering human life, not only fighting and economically valuable life, has a vocation to fulfill, within the whole of the people, which can, it is true, be recognized only in faithfully looking up to divine providence. Even the sick person has a right to be evaluated not only according to his economic value. As it is know that particularly these individuals working under greastest mental tension are in danger of mental exhaustion, it is very likely that among those who are killed through euthanasia there are also people who formerly excelled in their work for the common welfare, and those who lost their nerves and the clarity of their minds in tho last World War.
"The civilized nation, even if it does not consider itself as purely a nation of welfare, has in the school of Christianity, cared in a generous way for the rescue of sick lives. It has trained physicians, set up hospitals and mental institutions, and established in the German nation a welfare system for sick persons which sets an example for others. It would be a terrible contradiction to the past of our nation, if today the state should be given the right to exterminate sick persons, only because the nursing of these patients would divert valuable nursing personnel from their work on the nation as a whole or because the houses of the sick are to be emptied for repatriated compatriots, as is reasoned in the present case. We cannot believe that non of medical science, who chose the high profession of saving and maintaining sick life, could turn their medical profession to the contrary by aiding the extermination of sick lives. It is even harder to believe that the public administration of law should leave one of its highest rights - the right to condemn to death - to men of medical science.
"The victims of euthanasia are not criminal but sick people. In individual cases, insanity can result from alcoholism, sexual excesses, or can otherwise be the victim's own fault. But to most cases tho saying applies: Neither he nor his parents have sinned. And not only complete idiots or other absolutely unworthy life is concerned. There are those among them who can work from time to time in field and garden and in workshops, such as the epileptics.
And they were not only inmates of state institutions, as the church authorities were told. It can be proved that inmates of purely charitable institutions were also earmarked for death and killed by detouring them through state operated institutions.
"Dear Reich Minister of Justice: It is not my intention to raise the old question of whether the state is the only source of law and whether a legal order worthy of humanity can be built upon the slogan: 'What benefits the nation is right." But I consider it my duty to point out that it will not be of benefit to our nation, if in wide circles of the people - the inmates of the institutions are from all Gaus and from all classes of the population faith in the world of state officials should cease. Today this faith is deeply shaken by the euthanasia program! Nobody believes that the patient really died suddenly of a disease, of a heart disease or of appendicitis. Nobody believes that the body had to be cremated 'for public health reasons' and 'because of danger of contagion.' These statements cannot hold up under subsequent investigation, which may be expected in state based on law (Rechtstaat). In earlier communications the official even expressed his sympathy to the relatives. One can imagine the comments the people made about this 'sympathy.'" "It cannot be lawful and of benefit to our nation, if through such a proceeding of the state health service the value of the individual human life and the right to live at all is so degraded and thus the morale of the nation deeply shaken.
There will always be people who from mistaken pity speak of a 'deliverance' of the incurably ill. But, they become meek immediately if they are reminded that through an accident or a disease they themselves might be put in the same situation, even if they are still healthy today. But it someone should refer to Mietzche, to the man who declared that pity and loving care is nonense, then we would have to tell him that Nietxche himself during later mental illness had to depend on this loving care himself, and that Nietxche, the man who has in his books repeatedly pronounced incredible invectives against the German people, does not represent for us an authority on moral question."
DR. FROESCHMANN, (Counsel for Viktor Brack): Mr. President, the Document which is just being read by the Prosecution, is only contained in part in our Document book, so that we are completely unable to follow the Prosecution. I therefore request that the Prosecution furnish us with a complete Document.
MR. HOCHWALD: The counsel for Defense will receive a complete copy of this Document.
THE PRESIDENT: The counsel for the prosecution has stated that a complete Document will forthwith be furnished for the Defense. The Prosecution will see that is done as soon as possible.
MR. HOCHWALD: I will read from the bottom of Page 163:
"The man who has in his books repeatedly pronounced incredible invectives against the German people, does not represent for us an authority on moral questions. How much public morale must be undermined, if the individual human life in the family is deprived of value and rights in such a manner according to the example set up by those who practice euthanasia. Or if the individual, incited by pure materialism, should get the idea of killing a wealthy aunt, a predecessor on a hereditary farm, or some other fellow-being, in order to make a place for himself or to procure for himself some other profit.
"It cannot be of benefit to our nation if the confidence in doctors and altogether in institutions is destroyed in the people by the extermination of seriously ill persons, who are considered to be people's parasites (Volksschaedlings.). The compatriots put their sick relatives in the state or charitable institutions in good faith, the physically ill persons in hospitals and the mentally ill or feeble-minded persons in mental institutions. The state or charitable health service has accepted these patients in good faith. Nobody who is clear-minded can deny that a great disturbance has arisen in our people today, because the mass dying of mentally ill persons is discussed every where and unfortunately the most absurd rumors are emerging about the number of deaths, the manner of death, etc. The mysteriousness in the whole proceeding - the patients are sent for in the middle of the night, taken to their destination in cars with the windows covered, they are not allowed visitors -of course does not help to silence these rumors. The panic has already spread to old people's homes and sanatoriums for patients suffering from pulmonary disease.
"I need not assure you, dear Reich Minister of Justice, that I have not made the above statements out of pleasure in opposition. In this ethicallegal, non-political question, I considered it my duty to speak, because as a Catholic bishop I cannot be silent when it is a question of the preservation of the moral basis of all public order, and because I, as a German bishop, am obligated under article 16 of the Reich Concordate, to prevent an injury, which in my opinion threatens our nation and to preserve for our reputation of being a civilized nation. We understand, if in wartime extraordinary measures are taken in order to guarantee the security of the country and the nourishing of the people. We tell the people that they must be prepared in wartime to endure great sacrifices, even sacrifices of blood, in a Christian spirit of sacrifice, and we meet with respect in the streets of the town the women wearing the black veil, who have sacrificed a beloved life for the fatherland. The inalienable basis of the moral order and the fundamental rights of the individual cannot however be annulled even in wartime.
"I ask you dear Reich Minister of Justice for a reply to the above statement unless a reply has been given in the meantime to the joint petition of the German bishops and some particular petitions."
(Signature) Kardinal Faulhaber Archbishop of Munich.
The next Document on page 166 of the Document Book will be Prosecution Exhibit 402 and 615-PS:
"The Bishop of Limburg. Limburg/Lann, August 13, 1941.
"To the Reich Minister of Justice - Berlin.
"Regarding the report submitted on July 16 (Sub. IV, pp 6-7) by the Chairman of the Fulda Bishop's Conference, Cardinal Dr. Betram, I consider it my duty to present the following as a concrete illustration of destruction of so-called 'useless life'.
"About 8 kilometers from Limburg, in the little town of Hadamar, on a hill overlooking the town there is an institution, which has formerly served various purposes and of late has been used as a nursing home, this institution was renovated and furnished as a place in which by consensus of opinion, the above mentioned Euthanasia has been systematically practiced for months approximately since February 1944, The fact has become known beyond the administrative district of Wiesbaden, because death certificates from a Registrar Hadamar Moenchberg are sent to the home committee. (Moenchberg is the name of this institution because it was a Franciscan monastery prior to its secularization in 1803).
"Several times a week buses arrive in Hadamar with a considerable numb of such victims. School children of the vicinity know this vehicle and say: 'There comes the murder-box again.' After the arrival of the vehicle, the citizens of Hadamar watch the smoke rise out of the chimney and are tortured with the ever-present thought of depending on the direction of the wind.
"The effort of the principles at work here are: Children call each other names and say, 'You're crazy; you'll be sent to the baking oven in Hadamar.
' Those who do not want to marry, or find no opportunity, say: 'Marry, never bring children into the world so they can be put into the bottling machine." You hear old folks say, 'Don't send me to a state hospital.' After the feeble-minded have been finished off, the next useless actors whose turn will come are the old people."
THE PRESIDENT: Won't you read a little more slowly? The counsel for the Prosecution should read these Documents a little more slowly.
MR. HOCHWALD: Yes, Your Honor.
"All God-fearing men consider this destruction of helpless beings as crass injustice. And if anybody says that Germany cannot win the war, if there is a just God, these expressions are not the result of a lack of love of fatherland, but of a deep concern for our people. The population cannot grasp that systematic actions are carried out, which, in accordance with paragraph 211 of the German Criminal Code, are punishable with death. High authority as a moral concept has suffered a severe shock as a result of these happenings. The office notice that N.N. had died of a contagious disease and that for the reason his body had to be burned, no longer finds credence and such official notices, which are no longer believed, have further undermined the ethical value of the concept of authority.
"Officials of the Secret State police, it is said, are trying to suppress discussion of the Hadamar occurances by means of severe threats. In the interest of public peace, this may be well intended, but the knowledge and the conviction and the indignation of the population cannot be changed by it, the conviction will be increased with the bitter realization that discussion is prohibited with throats, but that the actions themselves are not prosecuted under penal law.
"Facta loquuntur.
"I beg you most humbly, Herr Reich Minister, in the sense of the report of the Episcopate of July 16 of this year, to prevent further transgressions of the Fifth Commandment of God."
(Signed) Dr. Hilfrich.
The next document is on page 168 of the document book, 616-PS, Prosecution Exhibit 403. This is a letter from the catholic bishops of the dioceses belonging to the church provinces of Cologne and Paderborn to the Reich Ministry of Justice, and is on the same subject as the letter I read before.
The next document, on page 170 is Document 616-PS, Prosecution Exhibit 404 to the Chancellery of the Fuehrer care of Oberdienstleiter Brack.
THE PRESIDENT: Counsel, isn't that a continuation of the document?
MR. HOCHWALD: No, this is 616-PS. Of, yes, I am sorry. It is not a new document. It is page 3 of Document 616-PS, on page 170 of the document book. This is still Exhibit 403. I read only the third page of the document.
"To the Chancellery of the Fuehrer, care of Obordienstleiter Brack or deputy, I send you herewith as other evidence the copy of a petition made in Cologne on 28.8.2941 by the bishops of the church provinces of Cologne and Paderborn. Heil Hitler, by order, to the Chancellery, 3 October 1941."
The next document is on page 171, NO-018, Prosecution Exhibit 404.
"Secret Reich Matter, dated 19 December 1940, SS Standartenfuehrer Victor Brack, Staff-Leader at Reich-leader Bouhler. Dear Brack, I hear there is great excitement on the Alb because of the institution Grafeneck.
"The population recognizes the grey automobile of the SS and think they know what is going on at the constantly smoking crematory. What happens there is a secret and yet is no longer one. Thus the worst feeling has arisen there and in my opinion there remains only one thing, to discontinue the use of the institution in this place and in any event disseminate information in a clever and sensible manner by showing motion pictures on the subject of inherited and mental diseases in just that locality.
"May I ask fer a report as to how the difficult problem was solved. Heil Hitler, initialed by Heinrich Himmler."
The next document is NO-842, on page 172 of the document book, Prosecution Exhibit 405.
"Letterhead Viktor Brack, Oberdienstleiter, dated Berlin, 18 April 1941, Strictly Confidential.
"My dear party comrade Dr. Schlegelberger: (Handwritten) Top Secret.
"According to agreement I send you herewith a folder with various forms wanted for the ascertainment and partial medical preparation, another folder with forms for further clerical elaboration resulting from the death of the patient. The records are secret, however, and I would appreciate, if you would keep them under lock and key. Some more things, are of course necessary, for proper recording and administrative routine, but I do not believe that they are of any interest to you. Thereto belong, for instance the death notification to the relatives of the patient. These are to be kept somehow different according to the district and kind of relatives; they must frequently be altered to avoid stereotyped texts and therefore sample letter would only irritate. I would like to call your attention especially to the card files No. 13 and 14: on their reverse sides you will find a list of authorities who are to be informed.
"When reviewing the files again which you put at my disposal I found some details which ought to be clarified and settled; I would be thankful to you for doing so. Therefore I shall forward them to you individually Monday or Tuesday next week. Heil Hitler, Respectfully yours, (signature) Brack."
The next document is on page 174 of the document book, NO-843, Prosecution Exhibit 406, and has again the letterhead Viktor Brack, Oberdienstleiter, dated Berlin, 4 August 1941, to State Secretary Dr. Freisler, Reich Ministry of Justice, Berlin.
"Dear party comrade Freisler, Reichsleiter Bouhler, who at present is absent from Berlin, commissioned me to express has gratitude for sending us the camp reports. The report of the President of the Appellate Court in Frankfurt shows that he considers the form of the information letters as very awkward. I would be grateful to you if you would let me have the copies of the letters in question in order to establish their dates, because just in that very institution a change of management took place recently. I will admit that the last manager has been partly wrong tactically. With my best thanks for your efforts in advance.
Heil Hitler, your Brack."
I would like to offer now into evidence NO-115. This document is not in the document book but will be handed up. It should be in the German document book, however. May I read this document, you Honor? It is NO-115 which will be Prosecution Exhibit 407.
THE PRESIDENT: Have copies of this document been furnished to defense counsel, German counsel?
MR. HOCHWALD: The counsel for thE defense have received copies of this document. This document is dated Stuttgart, 19 July 1940. "The Bishop of Wuerttemberg to Dr. Frick, Reichminister of the Interior." And I want to point out here that this is the letter to which Document Number 626, I think it is -just a minute -- 623, refers, which is on page 157 of the document book.
"The bishop of Wuerttemberg to Dr. Frick, Reichminister of the Interior. Esteemed Minister...."
THE PRESIDENT: What is the number of this document as an offered exhibits?
MR. HOCHWALD: The number of the document I am reading, sir?
THE PRESIDENT: The exhibit number.
MR. HOCHWALD: The exhibit number is 407. 623-PS is 400, your Honor. The document I referred to just now was the first document I read today. This is 400, and the document which I am presenting now is Prosecution Exhibit 407.
"The Bishop of Wuerttemberg to Dr. Frick, Reichminister of the Interior. Esteemed Minister. For some months now...."
JUDGE SEBRING: Counsel, will you again advise the Tribunal as to the number of the exhibit and the page upon which you said reference to this document was found?
MR. HOCHWALD: The page is 157. The document is Prosecution Exhibit 400, 623-PS.
JUDGE SEBRING: Is Prosecution Exhibit 407 the second letter mentioned in the first line of Exhibit 400?
MR. HOCHWALD: Yes, sir.
JUDGE SEBRING: Upon what information do you base that statement, counsel
MR. H0CHWALD: This is from the same writer and it is to, as it is stated here, to the Reichminister of the Interior.
JUDGE SEBRING: The other is to the Reichminister of Justice.
MR. HOCHWALD: Yes sir, but in the text you see, "Permit me to inform you of the second letter I have sent to the Reichminister of the Interior."
JUDGE SEBRING: And you maintain then, that this letter of 19 July 1940 -
MR HOCHWALD: Yes sir.
JUDGE SEBRING: --is the one referred to ?
MR HOCHWALD: In 623-PS.
THE PRESIDENT: Counsel may proceed.
MR. HOCEWALD: "The Bishop of Wuerttemberg to Dr. Frick, Reichminister of the Interior. Esteemed Minister.
"For some months now, upon instruction of the Cabinet Council for National Defense, insane, feeble-minded or epileptic patients of state or private asylums are being transferred to another institution.