MR. DENNEY: The next document is 2233-PS-B which we offer as Prosecution Exhibit 4-B (for Baker) is another excerpt from Frank's Diary.
"Saturday, March 16, 1940 The Governor General remarks that he had long negotiations in Berlin with the representative of the Reichministry for Finance and the Reichministry for Food.
One has made the urgent demand there that Polish farm workers should be sent to the Reich in greater numbers. He has made the statement in Berlin and he, if it is demanded from him, could naturally exercise force in such a manner, that he has the police surround a village and get the men and women, in question, out by force, and then send them to Germany. But one can also work differently, besides these police measures, by retaining the unemployment compensation of these workers in question."
1352, if your Honors please, was offered as Exhibit 3 and then withdrawn because Dr. Bergold did not have a complete copy. I believe now, Dr. Bergold, you do have a complete copy of 1352-PS. Is that correct?
DR. BERGOLD: Yes.
Mr. DENNEY: This is offered now as Prosecution Exhibit No. 5, it having been assigned that number prior to the time it was withdrawn, It appears on page 14 of your Honors' document book.
THE PRESIDENT: Mr. Denney, we have just been handed by the Page another document which is a partial translation of document No. 1352-PS.
MR. DENNEY: Yes, your Honor.
THE PRESIDENT: It is not identical with the one in the bound document volume.
MR. DENNEY: These are additional pages which should have come with the document when it was first bound which were left out of your Honors' document books, also this one, and of Dr. Bergold's.
MR. PRESIDENT: Mr. Denney, so we wont get the papers confused will you tell us at what point this additional part of Exhibit 3 is to be inserted?
MR. DENNEY: Just after page 13, if your Honors please. I believe your Honors have in the book prior to what we have given you pages 14, 15, 16, 17.
112 a and 18 which are headed Confidential Report and signed on the fourth page by one, Kusche.
Then there are additional pages. Dr. Bergold, will you check yours and make sure you have than. One, report of two pages, headed Kattowitz, May 22, 1940. Do you have that Dr. Bergold?
DR. BERGOLD: Yes.
MR. DENNEY: Signed again by Kusche. And a report of three pages, headed Berlin , Friedr. Str., May 29, 1940. Do you have that, Dr. Bergold?
DR. BERGOLD: Yes, sir.
THE PRESIDENT: We do not have that second throe page document. We do have the two page document, dated May 22 from Kattowitz.
MR. DENNEY: Yes.
THE PRESIDENT: Subject on the details of confiscation in the Bielitz country.
MR. DENNEY: Yes.
THE PRESIDENT: But we do not have the second three-page document you refer to.
MR. DENNEY: If your Honors please, we will pass this again. I am sorry this has happened. I hope it will be cleared up. Perhaps we can offer as Exhibit 5 the pages 15 to 18 of your Honors' document book and the secret report signed by Kusche which is dated Kattowitz, May 22, 1940 - Dr. Bergold has the additional one - at a later time when we can serve your Honors with copies of this we can then offer that as annex to Exhibit 5.
THE PRESIDENT: All right. We will mark these two pages, pages 17-a and b, and they will follow page 17.
MR. DENNEY: Very well, sir. Then, with your Honors' permission, we will read into the record parts of Exhibit 5 when we have the exhibit complete. Turning now to page 22 in your Honors' document book to 3044-PSB which we now offer as Prosecution Exhibit 6-A. These are instructions concerning Eastern household workers.
THE PRESIDENT: Mr. Denney, did you not intend to read Exhibit 5 into the records?
MR. DENNEY: If your Honors please, I would appreciate it if I could wait until we get the other three pages and then read it in at that time.
This concerns free time for domestic workers.
"Free time.
"There is no claim for free time.
Female domestic workers from the East may, on principle, leave the household only to take care of domestic tasks. As a reward for good work, however, they may be given the opportunity to stay outside the home without work for 3 hours once a week. This leave must end with the onset of darkness, at the latest at 2000 hours. It is prohibited to enter restaurants, movies, or other theaters and similar establishments provided for Germans or foreign workers. Attending church is also prohibited. Special events may be arranged for Eastern domestics in urban homes by the German Workers Front, for Eastern domestics in rural homes by the Reich Food Administration with the German Woman's League.
Outside the home, the Eastern domestic must always carry her work card as a personal pass.
Vacations, Return to homes.
Vacations are not granted as yet.
The recruiting of Eastern domestics is for an indefinite period."
If your Honors please, the next document is on page 38 which is document D-316. It was assigned the Exhibit No. 12 and then withdrawn. At this time we wish to renew the offer of D-316 as Exhibit No. 12. Dr. Bergold, do you have as the first page of that exhibit a letter to Mr. Huper having to do with allocation of Russians, dated 14 March 1942, from Krupp Works at Essen?
DR. BERGOLD: Yes.
MR. DENNEY: This provides in part: "During the last few days we have established that the food for the Russians employed here is so miserable that the people are getting weaker from day to day.
Investigations showed that single Russians are not able to place a piece of metal for turning into position, for instance, because of lack of physical strength.
The same conditions exist at all places of work where Russians are employed.
If it cannot be seen to, that the feeding is changed in such a way that a normal output can be demanded from these people, then the employment of these people; with the necessary expense connected thereto, has been in vain; I do not think it is worth while employing any more Russians, from whom I cannot expect any results in production, although they are sent to me as productive workers.
I expect that the same conditions prevail inside all the other works. It would only be right if you via the firm take steps to clear up this matter."
The next document appears on page 56 of your Honors'document book, being 3044-PS, which we now offer as Prosecution Exhibit 14-A.
This is rather a long document, and apparently there are some indications in at that Sauckel is seeking to have better working conditions. However, there are one or two things which I should like to point out to Your Honors specifically.
First, on page 56. Do your Honors have a page 56,57, 58,59,60, up to 63 of this?
THE PRESIDENT: Yes. To 63, inclusive.
MR. DENNEY: Do you have it, Dr. Bergold?
DR. BERGOLD: In German: That is not a page number, is it?
MR. DENNEY: No, it is not a page. Do you have document 3044--PS?
DR. BERGOLD: Yes.
MR. DENNEY: You do? The first page, starting in the second paragraph:
"In the tremendous struggle of fate of Europe, the Greater German Reich is constrained to import a tremendous number of nonGerman (foreign) workers of both sexes into the Reich to secure its armament and food supply. All of these working people, prisoners of war included, will be treated according to the oldest traditions of the German people and, of course, correctly, decently, and humanely.
"The recruitment of foreign labor will be done on the fundamental basis of volunteering. There, however, in the occupied territories the appeal for volunteers does not suffice, obligatory service and drafting must be under all circumstances resorted to.
This is an indisputable requirement of our labor situation.
"Recruitment must be made to benefit the prestige of the Greater German Reich and the will of the Fuehrer. Irresponsible promises regarding pay, contracts, housing, free time, etc., must not be made. Living conditions in Germany itself, which are better than anywhere else in Europe, can and should be emphasized, without exaggeration being necessary. Jewish methods of catching people, such as are customary in the democratic states of the capitalistic age, are unworthy of the Greater German Reich. with the above principles as a basis, I order the following: __" And then it goes on.
However, there are a few things I would like to point out to Your Honors. On Page 60 -- Of course, Your Honors are aware of the other documents that have been put in. Under (5):
"Ethnic Germans, as far as possible, will be separated from the foreign members of the transport."
Continuing on the last page, we find again the words "Special Treatment," which have been identified as meaning hanging. Roman Numeral V:
"Special treatment of individual foreign workers groups: The special regulations concerning the treatment of individual groups of foreign workers will remain unchanged."
The next document is at page 66, which is 3044-PS-A. Do you have that, Dr. Bergold?
DR. BERGOLD: Yes, sir.
MR. DENNEY: This is offered by the Prosecution as Exhibit 15-A. This is a portion of a Sauckel order, dated 22 August 1942:
"The resources of manpower that are available in the occupied territories are to be employed primarily to satisfy the requirements of importance for the war in Germany itself. In allocating the said labor resources in the Occupied Territories, the following order of priority will be observed:
(a) Labor required for the troops, the occupation authorities, and the civil authorities;
(b) Labor required for the German armaments;
(c) Labor required for food and agriculture;
(d) labor required for industrial work other than armaments, which is in the interest of Germany;
(c) Labor required for industrial work in the interests of the population of the territory in question."
The next document appears on page 70, which is 084-PS. Do you have that, Dr. Berghold?
DR. BERGHOID: Yes, sir.
MR. DENNEY: Thank you. This is a report by one Dr. Gutkelch, dated 30 September, Berlin. It is believed to be a report of 1942. The year does not appear. We offer this as Exhibit No. 16A. On page 71, which is page 2 of the report, after number (1):
"The concept of workers in the occupied territories of the USSR was narrowed down to the labor and social legal term 'Eastern laborer'. The labor condition among foreigners was hereby created and segregated employment under special conditions which had to be looked upon by those affected as degrading.
"The drafting of Eastern workers and women workers often occurred without the necessary examination of the capabilities of those concerned, so that five to ten out of a hundred, sick and children, were transported along. On the other hand, in those places where no volunteers were obtained, instead of using the lawful employment obligations, coercive measures were used by the police: imprisonment, penal expeditions, and similar measures.
3. "The employment in businesses was not undertaken by considering the occupation and previous training but according to the chance assignment of the individual to the respective transports or transient camps.
"The billeting did not follow the policies according to which the other foreigners are governed but just was for civilian prisoners in camps which were fenced in by barbed wire and heavily guarded and from which no exit was permitted.
"The treatment by the guards was on the average without intelligence and cruel, so that the Russian and Ukrainian workers in enterprises with foreign labor of different nationalities were exposed to the scorn of the Poles and Czechs, among other things. The food and care was so bad and insufficient in the camps for the Eastern laborers being employed in industry and in the mines that the good average capability of the camp members dropped down shortly and many sicknesses and deaths took place."
And then, "Payment":
"Payment was carried out in the form of a ruling in which the industrial worker would keep on the average 2 or 3 RM each week and the farm laborers even less, so that the transfer of pay to their homes became illusory, not to mention the fact that there had been no satisfactory procedure developed for this.
"The postal service with their families was not feasible for months because cf the lack of a precautionary ruling, so that instead of factual reports, wild rumors arrived in their countries, among other means by means of emigration.
"The promises which had been made time and time again in the areas of enlistment stood in contradiction with those facts mentioned under Paragraph 3-8."
And then on page 72, which is page 3 in the English and is the last part of the third full paragraph from where we have just concluded in German:
"There are some numbers in a series cf documents which have been found with the staffs of destroyed German units there is a directive to the order of the High Command under No. 2974/41 of 6 December 1942 which directs that all grown men are to be deported from occupied populated points into prisoner of war camps.
From the order to the 37th Infantry Regiment of the 6th Division of 2 December 1941 under the heading "About the deportation of 119a the civilian population" it can be deduced that for the period from the 4th to the 12th of December the capture and forceful deportation of the total population of seven villages to the German rear areas was planned, for which a carefully worked out plan was proposed.
" 'Sometimes all the inhabitants were deported, sometimes the men were torn away from their families or mothers were separated from their children. Only the smallest number of these deported people have been able to return to their home villages. These returnees report terrible degradations, heaviest forced labor, abundant deaths among inhabitants because of starvation and tortures and murder by the Fascists of all the weak, wounded, and sick.' " The next document is 294-PS, which appears at page 92 of the document book 1-A. Do you have 294, Dr. Bergold?
DR. BERGOLD: Yes.
MR. DENNY: We offer it as Exhibit 19-A.
This is a top secret memorandum,signed by one "Brautigam", concerning conditions in Russia, dated October 25, 1942. Directing Your Honor's attention to page 95 of the English translation, the large paragraph starting in the middle of the page. The paragraph starts out, Mr. Interpreter, "Of primary importance --" It's about two-thirds of the way through the document. Just after a very short paragraph which is headed, "The Main Department for Politics Was Compelled", a paragraph of about three lines. "Of primary importance, the treatment of prisoners of war should be named. It is no longer a secret from friend or foe that hundreds of thousands of them literally have died of hunger or cold in our camps. Allegedly, there were not enough food supplies on hand for them. It is especially peculiar that the food supplies are deficient only for the prisoners of war from the Soviet Union, while complaints about the treatment of other prisoners of war, Polish, Serbian, French, and English, have not become loud. It is obvious that nothing is so suitable for strengthening the power of resistance of the Red Army as the knowledge that, in German captivity, a slow, miserable death is to be met. To be sure, the main department for politics has succeeded here, by unceasing efforts in bringing about a material improvement in the fate of the prisoners of war. We now experience, however, this improvement is not to be ascribed to political acumen, but to the sudden realization that our labor market must be supplied with laborers at once. We now experience the grotesque picture of having to recruit millions of laborers from the occupied Eastern Territories, after prisoners of war have died of hunger like flies, in order to fill the gaps that are formed within Germany. Now the food question no longer existed. In the prevailing limitless abuse of the Slavic humanity, recruiting methods were used which probably had their origin only in the blackest periods of the slave trade. A regular manhunt was inaugurated. Without consideration of health or age, the people were shipped to Germany, where it turned out immediately that far more than 100,000 had to be sent back because of serious illnesses and other incapabilities for work. This system in no way considered that these methods would of necessity have their effect on the power of resistance of the Red Army, since these methods were used only in the Soviet Union, of course, and in no way remotely resembling this form in enemy countries like Holland or Norway.
Actually, we have made it quite easy for Soviet propaganda to augment the hate for Germany and the National Socialist system. The Soviet soldier fights more and more bravely in spite of the efforts of our population to find another name for this bravery. Valuable German blood must flow more and more in order to break the resistance of the Red Army. Obviously, the Main Department for Politics has struggled unceasingly to place the methods of acquiring workers and their treatment within Germany on a rational foundation. Originally it was thought in all earnestness to demand the utmost efforts at a minimum cost of the biological knowledge has led to an improvement. Now 400,000 female household workers from the Ukraine arc to come to Germany, and already the German press announces publicly that these people have no right to free time and may not visit theaters, movies, restaurants and so forth, and may leave the house, at the most, three hours a week, apart from exceptions concerning duty.
"In addition there is the treatment of the Ukrainians in the Reichs Commissariats itself. With a presumption unequalled we put aside all political knowledge and to the glad surprise of all the colored world treat the peoples of the occupied Eastern territories as whites of Class 2, who apparently have only the task of serving as slaves for Germany and Europe. Only the most limited education is suitable for them, no solicitude can be given them. Their sustenance interests us only insofar as they are still capable of labor, and in every respect they are given to understand that we regard them as of the most minute value."
That, I believe, concludes the exhibits in Book 1-A, except for the three pages of No. 5 which we hope to be able to give Your Honors this afternoon. Now, turning to 1-B, the first one is 556 PS. We are unable to find the original of that, so we have excluded that for the time being, and unless we can find the original, why we will not be able to offer it.
The first one then becomes 1726 PS, which was assigned the number 23, and 122a which we now offer as Exhibit No. 23.
THE PRESIDENT: What about 40? PS?
MR. DENNEY: 407 PS we do not wish to offer, Your Honor. We feel that that's repetitious. This appears in 103 of Your Honor's Document Book, and I believe was left out, at least in part, when they initially entered it. You have 1726 PS, Dr. Bergold? We offer this as Exhibit No. 23.
THE PRESIDENT: Is this the document we received as a supplement to page 108?
MR. DENNEY: The one in the document bock is merely an excerpt, Your Honor, and this is the complete document.
THE PRESIDENT: Well, we can strike out page 108 and substitute the pages that we've just received.
MR. DENNEY: Yes, sir; page 108 and 109, if Your Honor please, excerpts from this complete report which were inadvertently placed in the bock, so 108 and 109 can be disregarded and substituted therefore, these six pages which are headed Netherlands Government Commissioner for Repatriation Section, Eastern Europe.
THE PRESIDENT: And we've numbered these pages 108 and 108 A through E.
MR. DENNEY: Thank you, sir.
THE PRESIDENT: I didn't have my key; that's when I said that, and I want to change it anyway. We'll number these pages 108, and 108 A through E, and the last page will be 109. Then there's no skip in the tabulation.
MR. DENNEY: Yes, Your Honor.
THE PRESIDENT: Did you also say, Mr. Denney, that 556 PS will not be offered; that's the one just ahead of this in the index.
MR. DENNEY: Yes, Your Honor.
THE PRESIDENT: You did not cross off that?
MR. DENNEY: No, Your Honor. This is a report of the German measures in Holland, during the occupation, particularly having to do with treatment of the Jewish people in that country. The report is self-explanatory.
123a There are a few items which might be called to the attention of the Courts on page 1, the first item in the case is that the "Jews were removed from Civil Defence services."
Item number 8, all Jews were dismissed from Government service. Item number 10, in part, well complete; "Formation - on German orders - of the Jewish Council as liaison between the German authorities and the Dutch Jews - Jews no longer allowed to have contact with Netherlands officials." "The Jews are forbidden to visit cinemas", and, at the bottom they imply that Nurnberg laws on marriage and sexual contact between non-Jews and Jews -- Jews who are bethrothed to non-Jews will be arrested and sent to concentration camps. "Jewish lawyers, doctors and chemists were no longer allowed to have any but Jewish clients, patients respectively."
And then, the third entry from the bottom, "Thousands of Jews sent to Netherlands Labor Camps, of which especially the camp at Ellecom was notorious for the ill-treatment of its inmates. Age originally between 18 and 35, afterwards 18 and 55."
And then if your Honor will note there are several references to moving them, on Page 108-C, to a camp called Westerbork. One of July 19A2, completion of the "aryanisation" or liquidation of Jewish firms; decision to intern the Jews gradually in Westerbork to be deported from there to Poland; and then since November 1942 Jews taken from their houses, from now on assembled in the so-called "Jewish Theatre" in Amsterdam, from where they were sent to Westerbork after a few days; April 1943, Jews living outside Amsterdam sent to the camp at Vught - a labor camp for the German Army - and eventually transported to Westerbork; September 1943, last Jews from Amsterdam including the leaders of the Jewish council, sent to Westerbork. The transfer to Westerbork took place gradually from the Summer of 1942 till the Autumn of 1943.
Over on Page 108-C, "Westerbork - of which we need not give a description here - 12,000 to 15,000 persons used to live at the same time; they were housed in huts which were adjusted for the purpose, and each of which contained about 800 persons.
"All Jewish Netherlanders, whom the Germans could lay their hands on - with the exception of a small group of exempted persons, were brought together here; hospitals, old age homes, institutions for the blind and other disabled persons were emptied in order to concentrate the inmates in Westbork for deportation. Even the inmates of lunatic asylums did not escape deportation.
"Gradually all those interned in Westerbork were deported to Poland - old people and babies included!
"Once or twice a week a train "Westerbork-Auschwitz" left with 1200 to 2,000 persons. Originally these trains were composed of passenger cars afterwards only goods vans, (first with and afterwards without straw) in each of which about 60 deportees used to be transported. Even sick people were loaded into goods vans. Every deportee was allowed to take maximum 15 kilograms of luggage with him. The choice of those to be deported was more or less arbitrary, some were able to get their deportation temporarily postponed by means of so-called "Sperr" stamps. In the Autumn of 1943, all those who had been interned Vught - a number of about 1200 were deported to Poland - with the exception of diamond workers and those employed at Philips (Het Parcol, 15/12/43) "The above enumeration shows clearly the gradual character of the measured of the enemy, some of which may seem of little importance.
The Dutch Jews were deprived of their livelihood, their property and possessions were confiscated, every freedom of movement was taken from them, they were isolated from their fellow-citizens, and finally, as a group without any rights, humiliated and extruded, they were deported, condemned to slave labor and as it is to be feared partly killed.
"It is almost impossible to get details about the individual fate of Dutch Jews deported to Poland.
"After their leaving Holland all trace of them was lost. Absorbed in an agglomeration of deportees from almost all occupied countries, they can no longer be identified as a separate group."
And on the next page it indicates that various numbers of Jewish people who were deported were distributed to Poland, 100,000 nonNetherlands subjects --- Netherland subjects; and non-Netherlands subjects 15,000 - 115,000; to Terezin, Netherlands subjects, 1,000; nonNetherlands subjects, 1,000-2,000. That is a break-down of the figure above of 117,000.
The next document, I believe, is No. 28, Document 3012, was offered as No. 28, and then withdrawn, and there was one letter missing from the exhibit. I believe, Dr. Bergold, you now should have a letter signed by General der Infanterie Stapf, and then a memo signed by an SS Major and Commanding Officer, Christensen, dated 19 March 1933. Do you have those?
Just a minute, please.
(At this point in the record the reporter asked for the exhibits to be handed to her, as exhibits were handed to the court, opposing counsel, and all parties concerned except the reporters.)
MR. DENNY: I am sorry, it is not our fault you don't have them. You certainly should, but we have nothing to do with furnishing the exhibits and we certainly want you to have them.
