DR. BERGOLD: May it please the Tribunal, you will remember, that in your decision-- I am sure you will remember this-- You granted me an interrogation of Mr. Speer as a witness. I an of the opinion now that in this case where a certain 395A man will appear here as a witness in court.
Affidavits and previous interrogations should not be presented, merely cross-examinations, and the prosecution could submit the corresponding charges. In the case of Military Tribunal No. 1 it was generally done in this manner. Affidavits and statements of persons certain to be interrogated generally should not be introduced.
MR. DENNEY: If Your Honor please, I don't agree with Dr. Bergold's conception of the ruling of the International Military Tribunal. Speer has been requested by him as a witness. We have not objected to Speer being called. This is an interrogation, not an affidavit, and Your Honors are familiar with the provisions of the charter with reference to interrogations. It has whatever probative value Your Honors want to give it. It was made at a time some time past. If Dr. Bergold wants to ask him questions about it when he calls him here as a witness, he is certainly entitled to. But I certainly don't have to call Speer to ask him about this.
THE PRESIDENT: Is it your plan, Dr. Bergold, to call Speer as a witness?
DR. BERGOLD: Yes, Your Honor. The Tribunal has made a decision to this effect, granting me the examination of Speer as a witness. At least that was told me by the Secretary General.
THE PRESIDENT: And Speer is available as a witness?
DR. BERGOLD: Yes, indeed.
JUDGE MUSMANNO: Mr. Denney, do I understand that you would be willing, in the event this document is introduced, that the defense counsel may regard what is contained in the document as testimony already introduced in court for the purpose of cross examination?
MR. DENNEY: Yes.
DR. BERGOLD: May it please the Tribunal, in your question, Your Honor, I can see a difficulty. We have been taught the following during the International Military Tribunal No. 1: If we call upon a witness, we can interrogate him but not cross-examine him.
I cannot charge the witness with what the prosecutor has presented in the cross-examination because of the rule that if I request the witness I may not cross-examine him. At least that was told us during the International Military Tribunal. However, if Your Honors are of a different opinion, if Your Honors think that I may present the witness with these statements, then my objection becomes unfounded and void.
MR. DENNEY: Of course, if Your Honor please, our position about this document is this: Speer is of necessity to be regarded as a hostile witness. He is now serving, I believe, a twenty year sentence. He was a co-worker with the defendant. This is a statement that he made. The statement shows that there was no duress in it. It was voluntary. It was made after he turned all his documents over to Mr. Justice Jackson, which appears in the record of the first case. We offer it for such probative value as Your Honors see fit to give it.
THE PRESIDENT: In view of the fact that the witness will be here, Dr. Bergold will have an opportunity to examine him, at least, either as a friendly or a hostile witness, and especially with regard to the matters that are in this interrogatory, there will be no limitation upon Dr. Bergold's examination; and if he can induce Speer to repudiate the interrogatory or to modify it by means of cross-examination, of course he has that right. The interrogatory will be admitted.
DR. BERGOLD: Thank you, Your Honor.
THE PRESIDENT: We haven't located the document, Mr. Denney. Will you give us the page again?
MR. DENNEY: It may be page 104, Your Honor. I have 118 but the note I have at the bottom says page 104, starting 104, Document Book 4.
THE PRESIDENT: The exhibit number, please?
MR. DENNEY: Exhibit No. 68.
THE PRESIDENT: Will there be more than one volume of 4?
MR. DENNEY: No, sir. There is just 4, and then after that comes 5, the medical experiments book. Starting about the third question:
"Q. I wanted to ask you to day about the Central Planning Beard.
"A. Yes.
"Q. Were you the chairman of that office?
"A. The Central Planning Beard was no office as such, it was a place where decisions wore made. The Central Planning Board was not led by me but the decisions were made by three men in common -- by Milch, Keerner and myself. After we took over the production department from the Ministry of Economics the fourth man, Funk, was added.
"Q. And did you attend all the meetings of this Central Planning Beard yourself?
"A. I took part in all sessions except from February until May, when I was sick.
"Q. In what year?
"A. In 1944.
"Q. And while you were away, during February to May 1944, did you receive reports of the proceedings so as to be in touch with the situation?
"A. I was kept informed of all current events by the chief of my ministry. The exact minutes of the sessions of the Central Planning Board I only read later.
"Q. So that when you returned to work in May 1914 you went over all the minutes of the decisions and discussions of the Central Planning Board, I take it?
"A. I don't remember this exactly, but you must remember that when I returned after my sickness I came into the middle of much work and the plane attacks were going on at that time. I more or less tried to catch up with the information that I had missed with the use of certain key words in order to donate what had happened in my absence. But I will say now, frankly, that if a decision has been made, no matter what its nature, tint I will tell you about it if I know about it now, even if I did not knew about it at the time it was made.
"Q. Who was your representative in the Central Planning Board at the time of your illness?
"A. In the case of absence of one of the members of the Contral Planning Board no deputy was chosen but one of the other members took over the functions of the absentee.
"Q. Who was it?
"A. I believe it was Milch in this case.
"Q. You mean that you were acting as the Chairman of the Central Planning Board before you became ill and that Milch took your place as Chairman?
"A. There was no Chairman in the Central Planning Board as such, the three members had equal jurisdiction and powers, thus Milch was not Chairman when I was absent. In practice, however, it happened that milch and I would usually agree upon what to do and Keerner played a subordinate part more or loss.
"Q. But to represent the production office of yours you must have had a man there to represent your interests during the time of your illness?
"A. May I say the following here. We agreed that in the Central Planning Board Milch and I would not represent special interests. If that had been so, there would have had to be other representatives beside us. For instance, there would have been one for the Navy and also somebody to represent the other main factors. We agreed that we would be impartial in representation on the Board and that we would not be there as representatives of our representative Ministries.
THE PRESIDENT: That should probably be "respective ministries".
MR. DENNEY: That is as much as I wanted to read at this time, Your Honor. We never did present to the Secretary General B-124. We have it here now. We will hand it up. The documents have been completed. That completes this pant. Mr. King will now take over. He will present the case with reference to the Jaegerstab.
JUDGE PHILLIPS: The Tribunal understands you have rested your case on the slave labor feature of the indictment.
MR. DENNEY: No. If your Honor please, this Jaegerstab also has to do with the slave labor feature.
JUDGE PHILLIPS: You have rested on one feature?
MR. DENNEY: On the general background and Milch's participation so far as Central Planning is concerned. We are now going into 1944. Mr. King will now proceed.
MR. KING: If Your Honor please, we are waiting momentarily for a chart showing the organization of the Jaegerstab - the general set-up.
MR. DENNEY: If Your Honor please, the translation difficulty which we referred to a little earlier and which we had discussed with Dr. Bergold, was in reference to Document 016-PS, which is Exhibit 13.
DR. BERGOLD: May it please the Tribunal, concerning this statement made by Mr. Denney I would like to say the following: I have come to an agreement with him that the present translation shall remain because Mr. Denney told me the English translation refers not only to the financial part but also to general employment as such.
MR. DENNEY: Referring to the question of expenditure, the Doctor thought "expenditure" meant only the money part. I said "expenditure" was used in the document to mean everything. It was not just money.
THE PRESIDENT: Has the difficulty been cleared up between you?
MR. DENNEY: Yes, if Your Honor please.
THE PRESIDENT: Dr. Bergold?
DR. BERGOLD: Yes.
MR. KING: If Your Honor please, the prosecution begins now the presentation of that phase of its case dealing with the defendant Milch's partici pation in the Jaegorstab.
I might add that has to do with the slave labor phase of the Milch case.
First, I wish to say a few words about the background of the Jaegerstab. The Jaegerstab was formed on March 1, 1944 by decree of Albert Speer issued pursuant to an order of Adolf Hitler. Our evidence will show, however, that it was the defendant Milch who conceived and instigated the formation of the Jaegerstab.
The purpose of the Jaegerstab was the increased production of fighter aircraft. Fighter plane production had suffered severe set-backs due to British and American air attacks. Defendant Milch and his Luftwaffe had also suffered in the battle for new raw materials and workers had hampered the spare armament industry.
Fighter aircraft were Germany's principal defense against bombing raids. Early in 1944 the defendant Milch had concluded that without adequate fighter protection the entire German armament industry would soon be destroyed. After repeated urgings, Milch was finally successful in his efforts to create a special commission of top officials from various ministries to undertake a special effort in the field of fighter production.
The Jaegerstab, therefore, was actually a concentration of experts drawn from various ministries. Our evidence will show that the defendant Milch and Speer were designated as the joint chiefs of the Jaegerstab with Karl Adolf Sauer acting as the Chief of Staff.
The methods adopted by the Jaegerstab in the execution of its tasks were (1) transfer of German aircraft industry under Grogg, (2) the decentralization of German aircraft industry, (3) quick repair of bombed-out plants.
Our proof will show that the labor for this program, which was the decisive consideration in the discussions of the Jaegerstab, was obtained from throe sources: (1) Sauckel Ministry, (2) concentration camps, (3) by direct recruitment from occupied countries.
The first series of documents which the prosecution will introduce show the background and operating procedure of the Jaegerstab.
The first document in this series is NOKW 317. It is prosecution exhibit Number 69. It is on page 3 of the English Document Book; page 2 of the German document book.
301-A This is an interrogation of former Field Marshal Milch held on October 14, 1946.
In this interrogation the defendant describes the economic and political background of the formation of the Jaegerstab stating that the Luftwaffe had been shortchanged in the administration of armaments by Herr Sauer of the Speer Ministry.
Part of the interrogation which I shall read starts on page 5 of the English Document Book and Page 6 of the German Document Book. It starts with a question, "How long were you leader of the Jaegerstab?" I will continue reading.
"A. The Jaegerstab was founded on my suggestion around the end of February or the middle of March, 1944. I resigned on 20 June 1944 as Director General of Air Force Equipment Generalluftzaignmeister and State Secretary. Then for a few days I only did the transfer work. As far as I know, that was approximatly only July or August. One of Speer's men, Sauer, arrived then and he then took over the whole matter. From then on I had absolutely nothing to do with it. I believe it was from I August on, and during this time I have only worked on the transfer.
"Q. What was your job as chief of the Jaegerstab?
"A. May I briefly depict the historical motives?
"Q. Please do.
"A. Already previously the whole administration of armaments was in the hands of Speer's ministry. Thereby we in the Luftwaffe incurred disadvantages. The man who prejudiced us for the benefit of the army and the navy was this Mr. Sauer, who was Department Head for Armament matters on the staff of Speer. For a period we engaged in weekly conferences with Speer in order to remove all these injustices. Many assurances were given, but few of them were kept. Speer himself had the good will but apart from him his Mr. Sauer made his own business flourish. And the result was that we were unable to produce sufficient fighter planes because we were not given enough assistance in all spheres. However, this support was particularly necessary for us because since July 1943 the Luftwaffe industry had been the main bombing target, especially in daytime of the American airforce and also severely at night of the English.
As a result of this, we could only raise our plan of increasing the production of fighter planes to a certain degree and could not proceed any further. Approximately 1000 fighter planes. However, we wanted to reach 3000, that was my suggestion at the time, which I submitted when I took up my office. When these discussions with Speer did not show any real success --they had helped somewhat, but not decisively -- Speer became severely ill at the end of 1943 and early 1844. Now Sauer did not have anybody to hamper him anymore. And that was when I had the idea to establish a mutual commission between us and the Speer ministry only for the purpose of increasing the production of fighter planes. That was the only task with which the Jaegerstab was charged."
THE PRESIDENT: Should not that word be "pamper"?
MR. KING: No, "hamper", Your Honor. The idea is that Sauer was interfering with the production of the Luftwaffe armament and the implication is that with Speer ill Sauer had complete control of the Armaments Ministry and was not allocating sufficient workers or raw material to the Luftwaffe.
"I now demanded that Sauer also was to join the Jaegerstab. After several refusals by Speer. I had visited him at the hospital, after his suggestion had been disapproved, he was a politician, who, however, did not have any understanding of our affair -- he gave in and agreed that Sauer also joined. And thus the Jaegerstab consisted of Speer, myself, and Sauer."
This document helps to show the Jaegerstab was founded on the instigation of the defendant Milch and that it was he who originally conceived the idea for this joint commission.
I would like to offer in evidence Document Number NOKW - 017, rather, if Your Honor please, this document has already been introduced and it is Prosecution Exhibit Number 5-A. This document is on Page 12 in Your Honors' Document Book; page 13 in the German Document Book.
JUDGE MUSSMANO: Mr. King, when you refer to a document book, would it be too much trouble to tell us the number?
MR. KING: I will do that, Your Honor. The Exhibit Number of the next document which I am going to read is Prosecution Exhibit Number 58. This document contains minutes of a conference of defendant Milch with Air Force Engineers, Chief Quartermasters, held on Saturday, March 25, 1944.
The document bears the initials of the defendant, that is, his very distinctive "M.I.".
In the reference, 295, the part which I shell read is from the opening address of the defendant in which he describes the background and the formation of the Jaegerstab and the jurisdiction of its personnel. This is on Page 14, Document Book 4; page 15 of the German Document Book.
"We of the Luftwaffe armaments have been asking for over a year already that a strong home defense in the air be set up. We have made efforts to establish the prerequisites necessary for this, namely the providing of sufficient planes to serve as day and night fighters. Since July of last year, when we exceeded the figure one thousand, we have made no further progress. The average production during the succeeding months always hovered around 1,000 planes, sometimes less, sometimes a little more; once in December 700--that was due to the weather and the bad conditions for testing planes--and in January, on the other hand, 1300. It always balances and what was produced was brought in from the evacuation areas, while the main works were more likely to be put out of commission. There is not a single one of our fighter plane factories, accessory factories, which has not been hit at least three times; they were hit by the Americans during the daylight raids, not to mention the scattered raids (Streuangriffe) by the English, which unfortunately are lucky enough on occasion to hit one of the most important production plants (Fertigung). That is what happened two nights ago at Frankfurt on the Main, where a main production plant for propeller blades of the VDM was completely destroyed. Being fully aware that the strength of the Luftwaffe alone is insufficient both as regards quotas and with respect to the workers, etc., to bring about an extensive change in the field of air armaments, we applied to Minister Speer and his colleagues to undertake a common special effort in this field. The establishment of a Ruhr staff served as an example for us; it was established at the time when the industry in the Ruhr area seemed to be entirely put out of commission by the continuous raids. At that time the Ruhr staff was set up and the necessary quotas, buildings, etc., were put at its disposal.
Thereby the entire situation was changed. Minister Speer and his colleagues, fully aware that without air armaments and without air defense the rest of the armament industry would very soon be destroyed and become useless, agreed to this plan enthusiastically and with iniative."
Thus it came about that a definite proposal was made to the Reich Marshal, the Fuehrer; the Fighter Staff was created. The order of the Fuehrer provides clearly that the fighter plan planes program which the Fighters Staff is starting has priority over all other fields of armaments, which means, to be sure, that other important armaments are not to be infringed upon by it. And that is not necessary either. Our Additional needs, which seem very large within the possibilities available to the Luftwaffe, are a relatively simple and modest matter when considered within the framework of the entire armament industry; they can, to be sure, not to be made up for by a few additions, as perhaps existing reserves, but have, it is true, to be met at the expense of other parts of the armament industry. And if we advance our cause at the expense of others, then we are doubly obligated to eliminate as far as possible, every infringement of decisively important matters in this field, from the very beginning. Thus it would be madness if, in order to produce more planes, we should considerably reduce the number of tanks produced; for these tanks are, beside the air war, today in the East and naturally also in Italy of decisive significance. The same holds true for the munitions used by the infantry, which were anyhow available in far too small quantities. It holds true also for several other things; I do not want to enumerate them in detail. However, there is, of course, still the possibility in the armament industry to reduce something that is not so important numerically, or to postpone something, and thus to create a new reserve and a new basis, which will enable us to increase the production of fighter planes.
"Simultaneously, there is bound up with the increase in production an extraordinary effort to undertake a further evacuation in such a way as is dictated by the enemy, and, on the other hand, not to carry out the evacuation as before, in the year and a half, by dispersal above ground, but by concentration underground. For this purpose large scale construction work is under way. Altogether some 100,000 workers who have been taken of other jobs are being employed in that undertaking.
"According to the plans we have here, I believe that we shall have our production to a considerable extent safely under ground by four months from now, and that six months from now we shall have a large part of our production under ground. Eight months from now we hope to have the bulk of our armament industry entirely protected. Previously there was not the faintest sign of a possibility for the execution of such plans; for none of the requests for workers, construction workers, building machinery quotas, etc., which were constantly made could be filled.
"The Jaegerstab is made up as follows: The direction is in the hands of Reichminister Speer and myself. Deputy for both of us, and at the same time our chief of staff, is Hauptdienstleiter Graduate Ing.(Engineer) Saur, who is sitting on my left. Saur is the man who carried out the large scale armament program for the Army and the Navy in the Speer Ministry in recent years in an exemplary manner. Saur again and again during the past 1 1/2 years succeeded in raising the production figures in all important fields and sometimes even in multiplying them.
"Further, I name only the leaders of the Haegerstab. We have put the question of over-all planning in the hands of Dr. Wegener. Construction matters will be directed by Graduate Engineer Schlempp. The evacuation underground will be in the hands of SS Gruppenfuehrer Kammler. The supply, that is one of the most essential factos, and everything in the way of semi-manufactured material that comes to our factories for completion, will be taken care of by Director Schaaf, Deputy to Staatsrat Dr. Schieber, the Director of the Armament Supply Office in Speer's Ministry. Dr. Schmelter will take care of labor commitment, sites suitable for dispersal confiscation, etc., will be in the hands of Ministerialrat Speh of the Armaments Supply Office. Gruppenfuehrer Nagel of the Organization Speer will be in charge of transportation. The supply of power will be in the hands of General Director Fischer. Engineer Lange will be in charge of machinery, Mr. Nobel of repairs. Reich Railroad questions will be in the hands of the President of the Reich Railroad, Pueckel; Post Office, Oberpostrat Dr. Zerbel. Health matters, Dr. Poschmann. Social Welfare, Dr. Birkenholz.
Special problems for Mo 262 and steel powder units, Captain Dr. Krome. Raw materials and quota system, Dr. Stoffragen. Questions of technical simplification, etc., Oberstabsing, Klinker. Office manager, Petri." I read that list of names to Your Honors, because these are names you will find mentioned over and over again in the discussion of the Jaegerstab.
I now call to the Tribunal's attention a chart of the Jaegerstab drawn by Carl R. Saur, Chief of Staff of the Jaegerstab, which shows the personnel of the Jaegerstab, and their activities as members of the Jaegerstab Ministry from which they are drawn. This chart is Prosecution's Exhibit No. 70, and is Document No. NOKW-262, found on page 1 of Your Honors' Document Book, that is, Document book No. 4, and at page one of the German's. For the benefit of the Tribunal we have reproduced this chart on the wall, showing the members of the Jaegerstab at the bottom there in yellow and orange, and the ministries from which they are drawn, together with their functions as members of the Jaegerstab. As I say this is a replica of the chart as drawn by Saur, the man that the defendant Milch named as Chief of Staff of the Jaegerstab.
I call Your Honors' attention to some of the members of the Jaegerstab besides that of Milch, Speer and Saur. I call your attention to Schlemp who was deputy in the Jaegerstab for Xavier Dorsch of the notorious Todt; Fritz Schmelter, Labor boss of the Jaegerstab; SS Gruppenfuehrer Hans Kammler, in charge of the subterranean construction of the Jaegerstab. Those drawn from the airforce were Frytag, Chief of the Jaegerstab Main Board of the air plants; Werner, Chief of the main board for motors; Heyne, Chief of the Jaegerstab for aircraft equipment; and Schnauder who was in charge of the air raid production for the Jaegerstab.
With the labor, as was seen from the document which I have read, the primary consideration behind the formation is inevitably that the Jaegerstab should become involved in the question of labor commitment and recruitment, as well as the policy around which the treatment of slave labor production centers. 308 I should like to point out it is evident from Milch's speech, which I have read, that the Jaegerstab was assigned top priority in all matters, including the commitment of new manpower.
As was indicated by Prosecution's Exhibit No. 54 -- in that connection I shall correct the exhibit number of Milch's speech to the airforce engineers, 25 March, 1944. I am told that is Exhibit No. 54. As was indicated by that exhibit, and the Exhibit No. 69, the purpose of the Jaegerstab was the increase of fighter production. This was partially accomplished by the transfer of the aircraft industry to underground installations.
The next series of documents which the Prosecution will present will show that the Jaegerstab participating in the recruitment allotment, and the employment of slave labor for this program. Our proof will show that workers employed in this program were derived from three sources, that is, labor obtained through the Speer Ministry, of manpower directly recruited by the Jaegerstab in the occupied countries, the concentration camp inmates, and Hungarian Jews, obtained from the SS; this is labor employed in the underground construction program of the Jaegerstab.
The first document of this series which the Prosecution would like to offer is the Teletype from Geering to Reichsfuehrer of the SS Himmler. This is Document No. 1584-PS, and it is part of Prosecution Exhibit No. 71. This is at page 60 of tho English Document 4, at page 56, German Document Book 4. This letter shows that even before tho formation of the Jaegerstab by Geering, who was the superior officer in the Luftwaffe, and who had foreseen the need for the construction of the underground factories. It showed that the aircraft industry had requested necessary labor from Himmler. This letter is addressed to Reichsminister Himmler, Berlin, it states:
"Reference: Letter 168 No. 72/44 Subject:
Creation of the 7th Air Echelon Z.B.V.7 Dear Himmler:
Your request to set up another Echelon of the 7th Air Squadron Z.B.V 7 has been received and I have ordered the operational staff of the 309-A Luftwaffe to make an examination.
At the same tine I request that you place another number of concentration camp inmates, as large as possible, at my disposal for the armament of the Luftwaffe since the experience acquired so far proves these workers to be very useful. The war situation in the air makes the shifting of industry underground necessary. Especially here the concentration camp inmates lend themselves particularly well to organization both from the point of view of work and accommodation. These measures are necessary in order to secure the production of ultramodern aircraft, the development of which is completed. During his last visit at Insteburg, the Fuehrer attached decisive importance to these aircraft. There have already been intermediary consultations between your offices and mine. I would be particularly grateful to you for your assistance in carrying out this task.
"HEIL HITLER - Yours Geering, Reich Marshal of the Greater German Reich."
Himmler in his letter of Feb, 18th replied in full on March 9, 1944. This reply is on pages 61 and 62 in Your Honors' Document Book No. 4; pages 57 and 58 of the German. Attached thereto is a chart showing the employment of concentration camp labor in the aircraft industry. This chart is at pages 63 to 7 in the English Document Book, on pages 59 to 63 of the German. The details by individual plans of the use of this labor. I shall not read the chart in detail, but I call Your Honors' attention to it, and in connection with the defendant's responsibility for the employment of this labor, I then call your Honors' attention to Document No. NOKW-017, Prosecution's Exhibit 54, at page 21 of the English Document Book, page 22 of the German. That is Document Book 4, where the defendant stated that it was he who was responsible for the Army and the Luftwaffe, and, I should also like to call the Tribunal's attention to the document presented previously in this case by Mr. Denny, showing that as General Luftzengmoister of the Air Force the defendant was responsible for the requisition and commitment of labor in the aircraft industry.
The letter from Himmler, that is the letter of March 9, 1944, opened with a reference summarizing the use of concentration camp personnel and air armament, which I shall read, this is the first two paragraphs on page 61 of the English Document Book:
"Following my teletype letter of the 18 February, I herewith transmit a survey on the employment of prisoners in the aviation industry. This survey indicates that at the present time about 36,000 prisoners are employed for the purposes of the air force. An increase to a total of 90,000 prisoners is contemplated."
Then dropping down to the end of the letter, next to the last paragraph where Himmler states about the assignment of concentration camp labor, and the underground construction program of tho Jaegerstab were already under way. Then I'll read the next paragraph starting with "The Movement:"
"The movement of manufacturing plants of the aviation industry, subterranean locations requires further employment of about 100,000 prisoners. The plans for this employment on the basis of your letter of 14 February 1944 are already well under way. I shall keep you, most honored Reichsmarshal, currently informed on this subject.
Heil Hitler (Initialed) HH."
DR. BERGOLD: May it please the Tribunal, if I understood the representative of the prosecution correctly, he has explained to us after reading the letter written by Goering, that the receipt of this letter was acknowledged by Himmler. I would appreciate it if the prosecution would tell us in what way this acknowledgement took place because I can see no such confirmation amongst the documents presented to me.
MR. KING: If Your Honor please, in that connection I call your attention to the opening statement in this letter of March 9th referring to a teletyped letter of February 18th, 1944, that is the confirmation that I was referring to.
DR. BERGOLD: However, this teletype letter of the 18th of February has not been introduced yet. Willit be introduced? Although, of course, I do not doubt the declaration of the prosecution, officially I cannot accept such a statement.
MR. KING: We don't have a copy of that letter. We only take the reference in the Himmler letter for what it is worth. We are not formally introducing that letter. We are only making reference to it as description of the succeeding document.
DR. BERGOLD: Yes. However, I would like to draw the attention of the prosecution to the fact that in this letter of the 9th of March Himmler refers to a teletype letter of tho Reichmarshal of the 14th of February; whereas the letter from the Reichmarshal submitted to the Tribunal was written on the 15th of February, that is one day later. From the 15th to the 14th of February do not go together.
THE PRESIDENT: I think, Mr. King, if you will look at the document on Page 60, Exhibit 71; it bears the numbers 14/2, which would indicate tho 14th of February.
MR. KING: That is right.