"Up-to-date, almost 170,000 male and female workers have been sent to the Reich for the general district Shitomir. It can be taken for granted that, during the month of June, this number is going to rise to approximately 200,000.
I neglected to road a short paragraph at the bottom of the page 148 of your Honors' document book, the first page, - and for the interpreters it is the sixth paragraph in the letter. It starts out, "The symptoms created by the recruiting of workers."
"The symptoms created by the recruiting of workers are, no doubt, well known to the Reichs Minister through reports and his own observations. Therefore, I shall not report them. It is certain that a recruitment of labor, in the sense of the word, can hardly be spoken of. In most cases, it is nowadays a matter of actual conscription by force. The population has been stirred up to a large extent and views the transports to the Reich as a measure which does in no way differ from the former exile to Siberia,..."
The next document is 3010-PS. Which will be offered as Prosecution Exhibit No. 36. This has to do with the recruitment of workers for the Reich, is a partial extract of a report from the inspector, on an order from the Economy Inspection South. The first two paragraphs of which provide on pages, - or Page 151 of your Honors' document book.
"The Plenipotentiary General for Labor Employment ordered the recruitment and employment of all born during two years for the whole, newly occupied Eastern territory in Decree AZ. VI, " and so forth, "copy of which is inclosed. The Reich Minister for Armament and Munition approved this order.
"According to this order by the Plenipotentiary General for Labor Employment you have to recruit and to transport to the Reich immediately all labor force in your territory born during 1926 and 1927. The decree relative labor duty and labor employment in the theater of operations of the newly occupied Eastern territory of the 6th February 43 and the executive orders therefore are the authority for the execution of this measure.
Enlistment must be 94a completed by 30 Sept.
1943 at the latest."
The date of the memo calling for these people born in 1926 and 1927 is 17 August 1943.
The next document is 290-PS, which we offer as Prosecution Exhibit No. 37. It is a report on the evacuation of Cossar, dated 12 November 1943. At the very bottom of Page 193, which has to do with alleged encroachment of a district commissioner, at the end of the second paragraph in the second part, "But even if Mueller had been present--"
You do not have it, Dr. Bergold?
DR. BERGOLD.: I cannot check with your number 190.
MR. DENNY: Your Honor, please, Dr. Bergold has one number 190, and we have marked this Exhibit No. 37. We will withdraw it and not offer it at this time, and will arrange to see he has the proper copy of it. We might as well leave the Number 37 on it, and we will offer the next document, which is 1702-PS as No. 38. 1702-PS., do you have that, Dr. Bergold, - 1702?
DR. BERGOLD: Yes.
MR. DENNY: The secret report covering the period 8 November to 28 December 1983, and then -- on Page 156 of your Honors' book, the third large paragraph, starting "In the midst of the conditions."
Document 1702-PS, and it is the third paragraph in the English Document Book. The interpreters copy apparently doesn't have it, so we will pass the offer of this. Do you have it?
(affirmative response not audible).
I withdraw it.
"In the midst of the conditions, almost restored to Normal, I received a call on the eve of the 29th of December from the Army according to which the Soviets with superior forces of tanks and motorized troops, had exerted a strong renewed pressure on the line of KOTSCHEROWO BRUSIL0W - FASTOW and along the street KIEV - SHIT0MIR with the main advance in a South West direction. Shortly afterwards, the long distance call, as per attached inclosure number 2, was put through according to which the ble-bodied male population in the ages between 15 and 65 as well as the cattle had to be led back in the direction East of the line BILILOVKA - BERKITSCHEW - SHITOMIR.
The transporting of the able-bodied population was charged to the military authorities by the chief quartermaster of the army, while beginning with the morning of 26 December. I discussed and ordered in detail, during an immediate conference for the whole district the shipment of all the cattle. This action started successfully on that day according to plan, while the discussions over the seizure of the male population were not yet concluded in the afternoon hours of the 26th of December and no positive measures of any kind were taken."
And then on the fourth page, enclosure three, which appears as Page 158 of your Honors' document book, an order from the High Command of the 4th Armored Army, dated 26 December 1943 referring to Evacuation Measures:
"The city of Berditschew is to be evacuated of Reich Germans, German agencies of the civil government, government of the country, able-bodied population. The cattle is to be taken away. Execution of evacuation measures is charged to the civil government."
For the moment we will pass 1913-PS and go to 204-PS which is a memorandum of February 18, 1944, and which we offer as Prosecution's Exhibit No. 39. The first page which appears at Page 163 of your Honors' document book:
"Numerous actions for the purposes of recruiting native workers for the Reich have taken place since the entry of German armed forces into the General district Lithuania in June 1941. A few weeks after the entry of the German troops, thousands of Lithuanian male and female farmworkers were recruited at the instigation of the military administration, and namely for the duration of 6 months for employment on the large estates in the GAU East Prussia. Unfortunately, the promises made then were not kept. One did not release those farmworkers neither after 6 months nor after 12 months one has for months left their relatives who were left behind without any support at all; one has refused them for a long time to make a short vacation journey to Lithuania; one even has the idea today to transfer the agricultural workers, recruited in the year 1941 for the duration of 6 months, into the armament industry of the Reich.
"The second larger action was started by the Armed Forces in the Spring of 1942 and comprised the getting ready of approximately 7,000 male, so-called transport helpers. The action which was rushed into and was started without sufficient propaganda preparations was obstructed a great deal by careless measures of the armed Forces which had become nervous. Thus, for instance, the Lithuanians, ordered to the official agencies "only for registration" were held there, taken away under military guard to the local barracks, and then they had neither the opportunity to bid their families good-bye nor to put their most important personal affairs in order.
No wonder that the enemy propaganda grasped this "blemish" with pleasure and was able to make a comparison with deportation methods used barely a year ago by the Soviets.
"Until the most recent times numerous additional actions have been staged for the purpose of obtaining volunteers for the Armed Forces, police and Reich Labor Service, or for obtaining workers for the armament industry of the Reich."
Then skipping the next paragraph and the first sentence of the following paragraph which appears at the bottom of Page 169 of your Honors' document book:
"Finally it must be established that the native administration in its present from and since its existence has completely failed in the question of the procurement of workers for the Reich.
Then going over to the paragraph marked 3 in the letter which is on Page 167 in the American or the English version -- do the interpreters have it?
"The demand of Gauleiter Sauckel read to recruit in a short time 30,000 native workers for the Reich and to ship them to Germany. During a conference between the Commissioner General and the first General Council on 7 September 1943, the latter offered to assume the entire responsibility for the execution of this action for the native administration and to recruit and ship the demanded number of 30,000 workers by 7 November 1943."
Then turning over to page 168, paragraph number 4:
"In the meantime Gauleiter Sauckel made a new demand that the General District Lithuania must now get 100,000 native workers instead of the 30,000 demanded up until now ready for the Reich."
Then dropping down in that same paragraph about twenty lines, still on Page 168 of your Honors' book, the last eight lines on that page:
"In the district of the City of Kauen, according to the findings of my labor office, on 1 February 1944, 7,000 labor jobs in industry in the agencies of the armed forces, police, etc.
, were vacant so that practically 15,400 workers would have to be supplied in the city of Kauen alone in order to comply fully with the demands of the Reich and the demands of native economy, and that with a total population figure of only a little more than 130,000 native persons."
And then at the very end just before the signature, the last two lines -no. No. That's all there is in that document.
The next document is R 103 which the Prosecution offers as Exhibit No. 40. It appears as page 171 in your Honors' document book 1.B. This is a report from the Polish Main Committee in Cracow again to the Government General, Poland, this time made 17 May 1944, and has to deal with the situation of the Polish workers in Germany. Turning to Page 172 in your Honors' document book, which is on Page 3 of the German original, I believe it is the last paragraph of that page starting, "The food and bread:
"The food and bread fixed for Polish children in the camps are by no means sufficient for building up the substance for growing and developing their organism. In some cases children up to the age of ten and more are allotted 200 grams of bread weekly, 200 grams of butter and margerine, 250 grams of sugar monthly and nothing else." This is in Zeititz near hurzen in Saxony.
Turning then to Page 172 which is on Page 5 of the German original
THE PRESIDENT: The last you read was on Page 172.
MR. DENNY: I am sorry, sir. I meant 173. Excuse me. Page 5 of the German original, at the top, "Care of Children," the last half of the paragraph:
"An indication of the awful conditions this may lead to is given by the fact that in the camps for Eastern workers, camp for Eastern workers. "Waldlust", Post Office Lauf, Pegnitz, there are cases of eight year olds delicate and undernourished children put to forced labor and perishing from such treatment.
Sanitary Treatment "The fact that those bad conditions dangerously affect the state of health and the vitality of the workers is proved by many cases of tuberculosis found in very young people returning from the Reich to the General Government as unfit for work.
Their state of health is usually so bad that recovery is out of the question.
"The reason if that a state of exhaustion resulting from overwork and a starvation diet is not recognized as an ailment until the illness betrays itself by high fever and fainting spells." Then turning to Page 174 of the English book which is on Page 7 of the German book, referring to religious care:
"The elimination of religious services, religious practice and religious care from the life of the Polish workers, the prohibition of church attendance at a time when there is a religious service for other people and other measures show a certain contempt for the influence of religion on the feelings and opinions of the workers."
THE PRESIDENT: We will take a recess at this time.
(A recess was taken.)
THE MARSHAL: All persons in the Court will rise. The Tribunal is again in session.
MR. DENNY: If your Honors please, the next document NO-254-PS, which appears on page 175 of the second volume of document book 1, will be Exhibit No. 41. This is a letter from one Raab who was part of the Ministry for the Occupied Eastern Territories, dated 29 June 1945. On Page 1, the third paragraph under the entry "Diary No. 81/44 g" -- the second paragraph, rather, beginning "I was committed..." "I was committed as district commissioner in the information service in the territory of L'assikow from May 5th 1942 up to December 28th 1944. Besides many work districts, I was made fully responsible by district commissioner Dohrer to completely fill the district quota of workers to be delivered to Germany. Although the task wasn't agreeable to me, I carried it out conscientiously, with skill, and where it was necessary with sternness. Up until the penetration of the Soviet Armies, this territory delivered more than 31,000 workers to Germany."
And on page 177 of the document book which starts after the number three: "Strict measures, like the burning down of houses, were only used in a few cases. By this means, it was accomplished - at least in 1942 that the recruiting of workers didn't tie down to many police forces, who because of other functions, couldn't be used for that purpose all the time."
And then, five: "The delivery of 31,000 workers to the Reich is definitely important to the war effort. Stern measures are definitely justified in order to prevent a failure of this action."
We pass the next three documents which are 031-PS, 3721-PS and 3719-PS and come to the affidavit of October 15, 1945 of one Dr. Wilhelm Jager Document D2n6 which we offer as Prosecution Exhibit No. 42. It will be noted that Dr. Jager was the Senior Camp doctor in the Krupp workers camp having attained that position on October 1, 1942. On the first page, which is page 221 of your Honors' document book and which is page 1 of the German original at the second paragraph from the bottom of the page:
"All of these camps were surrounded by barbed wire and were closely guarded. Conditions in all of these camps were extremely bad. The camps were greatly over crowded. In some camps there were twice as many people in barrack as health conditions permitted. At Kramerplatz, the inhabitants slept in treble tiered bunks, and in the other camps they slept in double tiered bunks. The health authorities prescribed a minimum space between---" Still on page 221 but page 2 of the German original."--beds of 50 cm. but the bunks in these camps were separated by a maximum of 20 to 30 cm. The diet prescribed for the Eastern workers was altogether insufficient. They were given 1,000 calories a day less than the minimum prescribed for any German. Moreover, while German workers engaged in the heaviest work received 5,000 calories a day, the Eastern workers in comparable jobs received only 2,000 calories. The Eastern workers were given only 2 meals a day and their bread ration. One of these two meals consisted of a thin, watery soup. I had no assurance that the Eastern workers, in fact, received the minimum which was prescribed. Subsequently, in 1943, when I undertook to inspect the food prepared by the cooks, I discovered a number of instances in which food was withheld from the workers. The plan for food distribution called for a small quantity of meat per week. Only inferior meats, rejected by the veterinary such as horse meat or tuberculin infested was permitted for this purpose. This meat was usually cooked into a soup.. The clothing of the Eastern workers was likewise completely inadequate. They worked and slept in the same clothing in which they had arrived from the East.
Virtually all of them had no overcoats and were compelled, therefore, to use their blankets as coats in cold and rainy weather. In view of the shortage of shoes many workers were forced to go to work in their bare feet, even in the winter. Wooden shoes were given to some of the workers, but their quality was such as to give the workers sore feet. Many workers preferred to go to work in their bare feet rather than endure the suffering caused by the wooden shoes. Apart from the wooden shoes, no clothing of any kind was issued to some of them. To my knowledge, this represented the sole issue of clothing to the workers from the time of their arrival until the American forces entered Essen. Satinary conditions were exceedingly bad. At Kramerplatz, where approximately 1,200 Eastern workers were crowded into the rooms of an old school, the sanitary conditions were atrocious in the extreme. Only 10 childrens' toilets were available for the 1,200 inhabitants. At Dechenschule, 15 childrens' toilets were available for the 400 to 500 Eastern workers. Excretion contaminated the entire floors of these lavatories. There were also few facilities for washing. The supply of bandages, medicine, surgical instruments, and other medical supplies at these camps was likewise altogether insufficient. As a consequence, only the very worse cases were treated. The percentage of Eastern workers who were ill was twice as great as among the Germans. Tuberculosis was particularly widespread among the Eastern workers. The TB rate among them was 4 times the normal rate, Eastern workers 2%, Germans 5/10-1%. At Dechenschule approximately 2.5% of the workers suffered from open TB. These were all active TB cases. The Tartars and Kirghis suffered most; as soon as they were overcome by this disease they collapsed like flies.
The cause was bad housing, the poor quality and insufficient quantity of food, overwork and insufficient rest. These workers were likewise afflicted with spotted fever. Lice, the carrier of this disease, together with countless fleas, bugs and other vermin tortured the inhabitants of these camps. As a result of the filthy conditions of the camps nearly all Eastern workers were afflicted with skin diseases. The shortage of food also caused many cases of Hunher-Oedem, Nephritis and Shighakruse.
103 a It was the general rule that workers were compelled to go to work unless a Camp Doctor has prescribed that they were unfit for work.
At Seumannstrasse, Grieperstrasse, Germaniastrasse, Kapitan-Lehmannstrasse, and Dechenschule, there was no daily sick call. At these camps, the doctors did not appear for two or three days. As a consequence, workers were forced to go to work despite illnesses.
Then skipping the next paragraph and coming down to the one commencing:
"With the onset of heavy air raids in March 1943, conditions in the camps greatly deteriorated. The problem of housing, feeding, and medical attention became more acute than ever. The workers lived in the ruins of their former barracks. Medical supplies which were used up, lost, or destroyed, were difficult to replace. At times, the water supply at the camp was completely shut off for a period of 8 to 10 days. We installed a few emergent toilets in the camps, but there were far too few of them to cope with the situation.
During the period immediately following the March 1943 raids many foreign workers were made to sleep at the Krupp factories in the same rooms in which they worked. The day workers slept there at nights, and the night workers slept there during the day despite the noise which constantly prevailed. I believe that this condition continued until the entrance of American troops into Essen.
Then going over to page 222, which is on page 5 of the German document book starting out:
"The French prisoner-of-war camp -
THE PRESIDENT: What page, Mr. Denney, please?
MR. DENNEY; Page 224, sir, I am sorry.
THE PRESIDENT: Twenty-four.
MR. DENNEY: Page 234. Yes, sir. Excuse me. At the top of the page. It's worthy of note that on the bottom of the preceding page he said that he was getting a thousand aspirin tablets to care for over 3,000 prisoners of war following the raid in 1943.
MR. PRESIDENT: You understand, Mr. Denney. It's a hundred aspirins.
MR. DENNEY: I am sorry, sir. Yes, sir, a hundred aspirin tablets. I thank you, your Honor.
"The French Prisoner-of-War camp in Nogerratstrasse had been destroyed in an air raid attack and its inhabitants were kept for nearly half a year in dog kennels, urinals, and in old baking house. The dog kennels were three feet high, nine feet long, and six feet wide. Five men slept in each of them. The prisoners had to crawl into these kennels on all fours. The camp contained no tables, chairs of cupboards. The supply of blankets was inadequate. There was no water in the camp. That treatment was extended was given in the open. Mary of those conditions were reported to me in a report by Dr. Stinnesbeck dated 12 June 1944, in which he said:
'315 prisoners are still accommodated in the camp. 170 of these are no longer in barracks but in the tunnel in Grunerstrasse under the Essen-Mulheim railway line. This tunnel is damp and is not suitable for continued accommodation of human beings. The rest of the prisoners are accommodated in 10 different factories in Krupps works. The first medical attention is given by a French Military Doctor who takes great pains with his fellow countrymen. Sick people from Krupp factories must be brought to the sick parade. This parade is held in the lavatory of a burned out public house outside the camp. The sleeping accommodation of the 4 French Ordlies is in what was the men's room. In the sick bay there is a double tier wooden bed. In general, the treatment takes place in the open. In rainy weather it is held in the above-mentioned small room. These are insufferable conditions: There are no chairs, tables, cupboards, or water. The keeping of a register of sick people is impossible. Bandages and medical supplies are very scarce, although badly hurt in the works are very often brought here for first aid and have to be bandaged here before being transported to hospital. There are many loud and lively complaints about food which the guard personnel confirms as being correct. Illness and loss of man power must be reckoned with under these conditions."
"In my report to my superiors at Krupps dated 2 September 1944, I stated:
"The P.W. Camp at Noeggerathstrasse was in most deplorable condition. The people live in ashcans, doghouse, old baking stoves and self-made huts. The food was just scarcely enough. For food and lodging Krupp is responsible. The supply of medicines and bandages was so extremely bad, that a systematic medical treatment was absolutely impossible. "Camp Humboldstresse has been inhabited by Italian prisoners of war. After it had been destroyed by an air raid, the Italians were removed and 600 Jewish families from Buchenwald Concentration Camp were brought in to work at the Krupp factories. Upon my first visit at Camp Humboldstrasse, I found these females suffering from festering wounds and other diseases. I was the first doctor they had seen for at least a fortnight. There was no doctor in attendance at the camp. There was no medical supplies in the camp. They had no shoes and went about in their bare feet. The sole clothing of each consisted of a sack with holes for their arms and head. Their hair was shorn. The camp was surrounded by barbed wire and closely guarded by SS guards."
"The amount of food in the camp was extremely meager and of a very poor quality. The houses in which they lived consisted of the ruins of former barracks and they afforded no shelter against rain and other weather conditions. I reported to my superiors that the guards lived and slept outside their barracks as one could not enter them without being attacked by 10. 20 and up to 50 fleas. One Camp Doctor employed by me refused to enter the camp again after he had been bitten very badly. I visited this camp with Mr. Greene on two occasions and both times we left the camp badly bitten. We had great difficulty in getting rid of the fleas and insects which had attacked us. As a result of this attack by insects of this camp, I got large boils on my arms and the rest of my body.
I asked my superiors at the Krupp works to undertake the necessary steps to delouse the camp so as to put an end to this unbearable, vermin-infested condition. Despite this report, I did not find any improvement in sanitary conditions at the camp on my second visit a fortnight later.
"When foreign workers finally became too sick to work or were completely disabled they were returned to the Labor Exchange in Essen and from there, they were sent to a camp art Friedrichsfeld. Among persons who were returned over to the Labor Exchange were aggravated cases of tuberculosis, malaria, neurosis, career which could not be treated by operation, old age, and general feebleness. I know nothing about conditions at this camp because I have never visited it. I only know that it was a place to which workers who no longer of any use to Krupp were sent.
My colleagues and I reported all of the foregoing matters to Mr. Ihn, Director of Friedrich Krupp A. G., Dr. Wiels, Personal Physician of Gustav Krupp von Bohlen and Halbach, Senior Camp Leader Kupke and at all times to the Health Department. Moreover, I know that these gentlemen personally visited the camps."
The next document is NO. 2520-PS. It is an affidavit of Edward L. Deuss, the Economist for the Foreign Economic Administration, Washington, who served as an economic analyst in London, Paris and Germany, specializing in Labor and population problems in Germany during the war, dated November 1, 1945 and contains statements giving the approximate numbers of foreigners put to work for the German war-effort by nationalities and also indicating how many of them were prisoners-ofwar. It will be Exhibit No. 43. The note which he has made after his figures which show? that 4,795,000 workers of various nationalities. The highest being 1,900,000 Russians and the lowest being 2,000 Bulgarians and 1,873,000 prisoners-of-war, Russians, French, Poles, Italians and Belgians is as follows:
"Of the estimated 6,691,000 approximately 2,000,000 civilian foreigners and 245,000 prisoners-of-war were employed directly in the manufacture of armaments and munitions and aproducts or components on the 31 December 1944, according to Speer Ministry tabulations. The highest number of prisoners-of-war so employed was 400,000 in June 1944, the decrease to December 1944 being accounted for in part by a change in status from prisoners to civilian workers. A figure of 2,070,000 Russians uncovered in the American, British and French zones, given in "Displaced Persons Report No. 43", of the Combined Displaced Persons' Executive, c/o G-5 Division, USFET, 30 September 1945, was increased by 430,000 to allow for Russians estimated to have been found on German territory conquered by the Red Army."
At this time, if your Honor please, we would like to pass those documents L-NO-159 and in view of the fact that we have not served another document book on Dr, Bergold I respectfully request that we be allowed to adjourn and perhaps Dr. Bergold and I can take up some of these questions which he has raised today.
MR. PRESIDENT: Very well. The Tribunal will recess until Monday morning at 9:30.
THE MARSHAL: The Tribunal will arise. The Tribunal will recess until 0930 hours Monday, 6 January 1947.
(The Tribunal adjourned until 6 January 1947 at 0930 hours)
Official Transcript of the American Military Tribunal in the matter of the United States of America against Erhard Milch, defendant, sitting at Nurnberg, Germany, on 6 January 1947, 0935, Justice Toms, presiding.
THE MARSHALL: Military Tribunal No. 2 is now in session. God Save the United States of America and this Honorable Tribunal. There will be order in the Court.
MR. DENNEY: If Your Honors please, the document books which we will not touch for a moment, but which have been delivered to you this morning are No. 2-A, B and C, and No. 3-A and B. I regret that in spite of my promise the index still appears in the first volume, in one case a series of three and in the second case a series of 2. I believe this is the last time we will have to submit document books in series. Hereafter I hope they will be separate, and I shall do my bost to got the index, as I told Your Honors I would.
First, if Your Honors would turn to Document Book 1-A, there were some documents which we omitted on Friday for a variety of reasons, and at this time if we could go back and pick those up, so to speak, the record will be complete. I believe the first document which was passed was No. 2233-PS-A which appears on Page 12 of the English Book, and I believe in the interpreter's book it comes just after 1375-PS.
THE PRESIDENT: Mr. Denney, have you designated Book 1 as 1-A and 1-B?
MR DENNEY: Well, I guess that is the way they are designated, Your Honor. I know it's considered as one book, but I just said 1-A because of the fact that they are broken up in two parts so that it will help Your Honors.
THE PRESIDENT: In order to follow the same number of plans as you have in your leader document books, shall we call these books 1-A and 1-B?
MR DENNEY: One-A and 1-B, Yes Sir.
Dr. Bergold, do you have copies now of 2233-PS-A, B, is that right?
DR. BERGOLD: Yes.
MR. DENNEY: The first document being 2233-PS-A which we offer as Exhibit 4-A. There is an entry from the Diary of Frank for 10 May 1940, speaking of the Governor General of Poland, he says:
"The Governor General deals with the problems of the Compulsory Labor Service of the Poles. Upon the demands from the Reich, it has now been decreed that compulsion may be exercised in view of the fact that sufficient manpower was not voluntarily available for service inside the German Reich. This compulsion means the possible arrest of male and female Poles. Because of these measures, a certain disquietude had developed which, according to the individual reports was spreading very much, and which might produce difficulties everywhere. General Field Marshall Goering some time ago pointed out in a long speech, the necessity to deport into the Reich a million workers. The supply so far was 160,000. However, great difficulties had to be overcome. Therefore, it would be advisable to consult the district and town chiefs in the execution of the compulsion, so that one could be sure from the start that this action would be reasonably successful. The arrest of young Poles when leaving church service or the cinema would bring about an increasing nervousness of the Poles. Generally speaking, he had no objections at all if the rubbish, capable of work yet often loitering about, would be snatched from the streets. The best method for this, however, would be the organization of a raid, and it would be absolutely justifiable to stop a Pole in the street and to question him what he was doing, where he was working, and so forth."
THE PRESIDENT: Mr. Denney, just to make it clear, will you identify the Governor General and also Frank as to who they were.
MR. DENNEY: If Your Honor please, I believe that the Governor General of Poland at that time was Frank himself. I shall check to make sure, but it is my understanding -
JUDGE MUSMANNO: That would appear to be correct because the document is entitled "Frank's Diary," and I presume we can take judicial.
