THE PRESIDENT: Dr. Bergold, we do not have any part of this. This is Document PS-3012.
DR. BERGOLD: Yes, Your Honor.
THE PRESIDENT: The part that you are reading isn't in our document books at all.
DR. BERGOLD: But the prosecution handed it to me in my document book. The original document book is in my hands now, the one used by the prosecution. This document 3012-PS consists of a number oi individual documents, and it's the last document in this series which I am referring to.
MR. DENNEY: It may be in Dr. Bergold's book, but it still doesn't put it in mine.
DR. BERGOLD: Naturally, Mr. President, I had assumed that in the document book which the prosecution handed to me, everything would be contained which would also be contained in the English Document book; otherwise I would have had it copied and then would have submitted it to you in its English translation.
Mr. Denney: Dr. Bergold certainly knows from the first few days of the t trial that that isn't so. We shall be glad to get the translation of this and give it to Your Honors. I don't have a copy of it here in English.
THE PRESIDENT: This document in the Court's document book consists of four pages. The last is merely the certificate of translation. Other than that, there are just three pages. The material that you are reading does not appear in those pages.
MR. DENNEY: Our books are the same as your Honors.
DR. BERGOLD: I've got 17 pages.
THE PRESIDENT: Of this document?
DR. BERGOLD: Yes. Far be it from me to accuse the Prosecution of anything. I myself realize the tremendous amount of work one has to do on this sort of thing and that errors will keep in. I was merely trying to apologize to you, trying to state that I am sorry that I didn't have it copied and translated. I merely want to say that this is not my fault, but, of course, it is not the fault of the Prosecution either. There is just too much work.
THE PRESIDENT: Regardless of whose fault it is, all I am interested in is eventually getting a copy of what you are now putting into the record. I don't care whether it comes from you or the Prosecution, but we do want it in our document book, which we shall need for reference later.
DR. BERGOLD: Very well, Mr. President, in that case I shall have it copied and translated into English and later on hand it over to the Tribunal, but may I perhaps continue to read from the report today so that I shall not have to repeat it afterward?
THE PRESIDENT: Exactly. Please do.
DR. BERGOLD: In that case, I shall start again:
"State Councillor Peuckert stated in his introduction that labor employment in the German agricultural and armament program ordered by the Fuehrer demanded the speedy supply of a further 1,000,000 workers from Eastern territories urgently, German agriculture alone was in need of another 800,000 laborers, of whom up to now only 30,000 have arrived."
I shall skip one sentence:
"Apart from this, the Fuehrer had ordered that to begin with the capacity of the German armament industry in the Reich itself should be exploited to the highest possible degree before such armament industries situated near tho front should be made to turn with full revolutions. It had been planned that laborers from the East, particularly for agriculture and in tho food supplies, and workers from the West, particularly experts such as are needed by Minister Speer, should be transferred to the armament industry."
Then I skip one paragraph and continue:
"He -- State Councillor Pouker -- was fully aware of the difficulties in the way of the fulfillment of these quotas. In spite of this, it was his view that in principle in the future voluntary methods should be employed as before. In order to assure the greatest possible success for voluntary recruitment, an intensive and systematic propaganda action would have to be started. Welfare for Eastern workers in the Reich, after initial difficulties had been overcome, could now be described as perfectly satisfactory -- something of which he had convinced himself completely in two districts. This was corroborated by the fact that the sickness figures among Eastern workers had now dropped below two percent. Apart from this, Eastern workers' badges, for instance, had been deprived of their inferior significance, since every foreign worker now working in the Reich was compelled to wear a badge of nationality.
I shall now turn to Exhibit No. 29, Document 2220--PS, dated April 12, 1943, a report from Lammers to Himmler regarding the situation in the Government General. I shall read the introduction of the document.
"The Reich Minister and Chief of the Reich Chancellory, Berlin. April 17, 1913. Secret."
It is Page 133 of the English document book. There are a number of remarks, and then the address, to the Reichsfuehrer-SS and Chief of the German Police, Herr Himmler. The reference is, "The situation in the Government General.
"Dear Hr. Reichleader:
"We had agreed at our conference on March 27th of this year that written texts should be worked out about the situation in the Government 614-a General on which our intended mutual report to the Fuehrer could be based.
"The material gathered for this purpose by SS-* Lieutenant General Krueger was submitted to you immediately. Based on this material, I have had a sketch prepared which sums up the most important points of this material and subdivides them in a way quickly to grasp and finally points out the kind of measures to be taken.
"The memorandum was chocked together with SS Lieutenant General Krueger, who agrees with it in full. Part of it I herewith submit to you. A further conference does not appear to be necessary unless you and Reichsleiter Bormann have some general objections to the contents, and I should like to have your immediate reply as to whether you agree to this or not. (signed) Dr. Lammers."
Now, we turn to the following page:
"Secret. Reference: Situation in the Government General."
This is still on Page 133. Then under B, Roman Numeral II, Figure 3, which is Page 52 in the German and Page 136 in the English, there is a paragraph, "Treatment of the Native Population." Page 136, Number 3.
"The treatment of the native population can only be led into the right channels based on a foundation of a clearcut and well-organized administration and management. Only such a foundation permits that the native population may be handled strictly if necessary, even severely; on the other hand, it can be dealt with in a big-hearted manner and may be granted certain liberties, especially in cultural respects, causing a certain amount of contentment on the part of the population."
Then I shall continue with "D". First of all there follows 4-C, and then "D"; "Measures for Improvement of Conditions," is the heading of the paragraph.
THE PRESIDENT: Our document book stops with the portion that you have just read, "The Treatment of the Native Population".
DR. BERGOLD: I see. In that case, once again, I shall see to it that the passage in question is supplied later. I shall read this, because this passage is particularly interesting and important.
"The hope entertained by the Governor General following certain revelations made to him sometime ago in connection with the Lasch case, namely, that they might load to an altered course on the part 615 - a of the Governor General and an eventual improvement in the situation in the Government General, did not materialize.
No doubt may remain, therefore, that the first and most important prerequisite for a recovery of conditions in the Government General would be the replacing of the Governor General himself with a suitable and energetic personality who has the necessary political form" You can see that during the supervision of the matters again proposed, one even went as far as that.
In 1943 it was even suggested that Governor General Dr. Frank should be removed from his position.
Now I turn to Exhibit No. 30, Document No. 407, Roman Numeral 5, PS, dated 15 April 1943, a letter from Sauckel to Hitler dealing with labor q questions, Page 137 in the English. I shall read the third paragraph, figure 1.
"After having been active as plenipotentiary for the Arbeitseinsatz for one year, I have the honor to report to you that 5,638,056 new foreign workers have been added, to the German war economy between April 1st of the Iasi year and March 31st of this year."
Here, in the original record, of the Tribunal, the session of January 3rd I mean, in the afternoon, a mistake has crept in, because the figure then was 6,630,056. Such a number is not contained in that document. It must be a mistake because, under figure 2, the number of workers is incorrectly stated as being 3,638,056 workers, so that there is a mistake in the record which I beg to rectify.
THE PRESIDENT: The prosecution made that correction when it read the document, Dr. Bergold.
DR. BERGOLD: But then, apparently that hasn't found its proper expressio in the German record, probably by mistake.
THE PRESIDENT: In the Court's Document Book, it is three million.
DR. BERGOLD: Very well. Thank you very much. In that case, I should like to come to number three of the same document, and point out that the result of the registration, for men and women, until the 7th of April has been the following:
"As a result of the ordinance of January 27th, 1943, 3,249,743 men and women registered."
This, gentlemen of the Tribunal, says German workers. This ordinance dea with German workers, whereas the other figure of 3,600,000 workers refers to foreigners. Finally, at the end of the document, may I draw your attention to the fact that a copy of this letter was only dispatched to the following persons: the late Reicnsmarschall Goering, Reichsleiter Bormann, Reichcminister Dr. Lammers, and Reichsminister Dr. Goebbels.
Now I turn to Document 38-A, document No. 1913-PS, an agreement between the plenipotentiary for Labor and the German Labor Front, regarding the taking care of foreign workers.
THE PRESIDENT: Exhibit 38-A?
DR. BERGOLD: 38-A, yes; Document 1913-PS. From this document, Page 238, I should like to read, Dr. Beisiegel, page 159; thank you. I'm beginning after the words "Fritz Sauckel". "For the carrying out of this agreement I order the following:" This is on page 160.
"1. The supervision of all welfare measures in the realm of the employment of foreign workers is the sole responsibility of the central inspection for the care of foreign workers. Complains about bad quarters, food, deficient provision of free time activities and cultural and propagandistic care will in the future be directed by me to the central inspectorate for investigation and elimination of possible deficiencies. The labor offices and Gau-labor offices must direct complaints and protests coming to them to the locally competent office of the German Labor Front.
"The central inspection will inform the Plenipotentiary General for Arbeitseinsatz regarding its decisions and the measures instituted by it and their completion.
"2. The employment of foreign workers, their identification, equalization between the plants, transfers, supervision of practical and vocationally correc employment in the plant, the promotion of instructional measures to increase production, as well as drafting of the labor-contract regulations, the carrying out of pay regulation measures, and the supervision of the orderly paying of foreign workers, remain as formerly the task of the competent offices of the administration of the Arbeitseinsatz and Reich trusteeship."
This means that foreigners, at all times, could turn to the agencies concerned regarding any possible deficiency, and, as before, everything remained in Sauckel's hadns. I shall now turn to Exhibit No. 41, Document No. 254-PS, 7th of June 1943, a letter regarding the burning of houses in the Wassilkow district, page 175 of the English Document Book. I shall read the beginning.
"Paul Raab, leader, 7th of June 1944, Secret. To the Reichsminister for the occupied Eastern territories. Berlin W 35, Xurfurstendamm 134. Concerning: Letter from June 2nd 1944", and it states.
"According to a charge by the supreme command of the armed forces that I burned down a few houses in the territory of Wassilkow, Ukraine, belonging to insubordinate people ordered for work-duty.
This occupation is true."
I shall now turn to the second part after that:
"During the year of 1942 the conscription of workers was accomplished by way of propaganda. Only very rarely was force necessary." I shall omit the rest of this paragraph, and continue in the second paragraph from there.
"That time I decided to take measures to show the increasingly rebellious Ukranian youth that our orders have to be followed. I ordered the burning down of the houses of the fugitives. The result was, that in the future peopled obeyed willingly, orders concerning labor obligations. However, the measure of burning houses has not become known, for the first time by my actions, but was suggested in a secret letter from the commissioner for the committment of labor as a forced measure, in case other measures should fail."
This, of course, shows that actually, during 1942, most recruitments were carried out on a voluntary basis. Only once was force employed, based on a secret letter, from the Plenipotentiary for Labor, a letter, of course, which was carefully hidden from any other agencies.
Now I turn to Exhibit 21-A, which is Document No. 3721-PS, dated September the 22nd, 1945. It is an interrogation of Sauckel's and it is on page 180 of the English Document Book. The prosecution has attached a special copy of this interrogation because it had not been very legible at the beginning. From this interrogation I shall read from page 4 of the German copy a question after the very long paragraph dealing with central planning. It comes along after central planning, about the middle of the document and there, the question is "Q. Except for Speer, they would give the requirements in general for the broad field, but in Spoor's work you would got them allocated by industry and so on.
Is that right?
"A. The others I only got whatever was left because Speer told me once in the presence of the Fuehrer that I am here to work for Speer and that mainly I am his man. He mentioned it very often and all the countries are not important. It was very unnatural that process of doing these things. These smaller places, instead of ordering their workers from the next higher echelons, gave their orders to the very highest to Speer who in turn gave it down to the lower ones to me; and this was the reason for the Rotzettel system which had to be fulfilled by mo without question. In practice it turned out to be that if a factory actually didn't need any workers but Speer demanded them for that factory I had to supply these workers without being able to discuss or to tell him that it would be a waste of manpower; I just had to do it because Speer had complete domination."
I shall prove through Speer that this testimony of Sauckel's is untrue.
620-a I now turn to Exhibit 42, Document 2520-PS.
That has also been added to the Document Book afterwards. It is now page 221. It is a statement from Dr. Wilhelm Jager. And I will just read a few introductory paragraphs, it is dated October 15, 1945, and it is in addition to the document.
"I, Dr. Wilhelm Jager, am a general practitioner in Essen, Germany, and its surroundings. I was born in Germany on 2 December 1888, and now live at Kottwig, Segenholz 6, Germany.
I make the following statement of my own free will. I have not been threatened in any way and I have not been promised any sort of reward.
On the 1st of October 1942, I became Senior Camp Doctor in KRUPP's workers' Camps, and was generally charged with the medical supervision of all KRUPP's workers' camps in Essen. In the course of my duties it was my responsibility to report upon the sanitary and health conditions of the workers' camps to my superior in the KRUPP works."
Only this morning, Mr. President, I directed the attention of the Tribunal to the fact that Milch in connection with his work did not have anything to do with Armament, and this document also proves it. I hope, Mr. President, you will also again take this document back a minute.
I now pass on to Document Book 2 PS. I shall read from Exhibit No. 45, Document No. 1919 PS, on page 14 of the English Document Book: "Speech of the ReichsfuehrerSS"; the SS group; Milch knew nothing of this; it was not conveyed to him and therefore he couldn't have known, no matter how secret it was. I referred to this, it was on page 18 of the German Document Book, where it is on page 64 of the original; there you will find the following passage, which Himmler stated was the plan with reference to the Clearing out of the Jews; and it is to be found on Page 17 of the English Document Book.
"With reference to the Clearing out of the Jews, I also want to talk to you, quite frankly, on a very grave matter. Among ourselves it should be mentioned quite frankly, and yet we will never speak of it publicly. Just as we did not hesitate on June 30th, 1934 to do the duty we were bidden DR, BERGOLD:
And this is to be found on page 14 of the original. " - and stand comrades who had lapsed up against the wall and shoot them so we have 621 a never spoken about it and will never speak of it.
It was that tact which is a matter of course and which I am glad to say is inherent in us, that made us never discuss it among ourselves, never speak of it. It appalled everyone, and yet everyone was certain that he would do it the next time if such orders are issued and if it is necessary."
So, you see, Mr. President, they didn't speak about this fact in SS circles, not even among themselves. But this is the first time that Himmler actually mentioned it, so, at the top, was secrecy.
Now, I come to Exhibit No. 8, Document No. 1510 PS. It is the Decree for the creation of the Central Planning. It is on page 32 of tho English Document Book. It is stated in what is called tho English Document Book as the "Decree for Central Planning." This is an error. It is not that. It is merely a Decree from the Reich Minister for Armament and Ear Production, regarding war economy and roads - I quote from it:
"The Reich Minister for Armament and War Production. Plenipotentiary General for Armament tasks within the Four Year Plan:
Decree of October 29, 1943, concerning the dividing of tasks in the Ear Economy.
The fuehrer has given me tho opportunity to bring into unified form tho entire war production of war Economy. This is based on Paragraph 7 of the Decree of September 2, 1943, about Concentration of tho War Economy in conjunction with tho Decree of tho Reich Marshal of the Greater German Reich and Commissioner for tho Four Year Plan concerning Central Planning of April 22, 1942 (VP. 6707 6707) complemented by Decree of September 4, 1943 (VP 1129/1). Pursuant to these decrees, I am competent and responsible as Reich Minister for Armament and War Production for the supervision, direction and accomplishment of the production of the trade economy of war.
The aim of all measures can only be the further increase of armaments...
Accordingly, I decree the following also as Plenipotentiary General for Armament Tasks with the Four Year Plan, for the different offices engaged in war economical tasks."
622 a
MR. BERGOLD: We have now the contemplation of a war economy. The simplicity of general orders is also introduced. And the introduction of new agencies wherever it is necessary. The next paragraph is very important:
"I. The dividing of tasks in the Reich Ministry for Armament and War Production. The expansion of the sphere of tasks necessitates a re-organization and partly new organization of the Reich Ministry For Armament and War Production I therefore order in my capacity as The Reich Minister Plenipententiary for the different offices engaged in war economical tasks, be divided as follows:
"The Tasks of the Reich Ministry for Armament and War Production will be divided in the future into three large groups, namely --"
MR. BERGOLD: There follows something which I shall deal with very briefly, the list of agencies employed:
"1. tasks of coordination 2. tasks of production 3. cross section tasks."
And then follows the offices specified for the following tasks. This is on page 33 of the English Document Book at the bottom:
"Individually the offices specified below have the following tasks:
a) The Office for Planning of the Plenipotentiary General for Armament under president KEHRL has, according to Decree of September 16, 1943 ZA Org. POOO/2-143, to take care of the tasks mentioned under number II, within the sphere of the Reich Minister for Armament and War Production.
b) The Office for Armament under Major General DR. WARGER- securing of the personal and material readiness in the production of armament and war materials, especially in the spheres employment of labor questions of transport and traffic
c) The Technical Office under Hauptdienstleiter SAUER patent matters special projects
d) And finally, the Office for Armament Supply under State Councillor
DR. SCHIEBER: Control of orders for iron and steel Supervision of electrical engineers."
DR. BERGOLD: And then there is a general department for Finance and Economy; and finally , f) the Central Department for Culture.
Then we came to Roman numeral II, which I have referred to in connection with the planning office, the tasks of the principal committees and principal cartels, as well as economy and trade groups, all of which were directly under Speer; and among others they had the following tasks on this statement.
BY THE PRESIDENT: The Tribunal will recess for a short time.
(A recess was taken until 1530, 3 Feb 1947)
DR. BERGOLD (Defense Counsel for Erhard Milch): Your Honors, first of all before I continue I should like to bring up a question. It concerns the interrogation of the witness Speer who I have asked for. As a consequence of a misunderstanding between me and Major Teich, I understood that I had the choice either of calling Speer as a witness or of receiving from him an interrogatory. I then said that I should like to call him as a witness; this was on Friday, in the presence of one of the Judges. I believed this was a preparatory discussion. However, I was just informed by the Marshal of the Court that I had not construed it correctly, Speer could not, at least at the moment, appear in this Court as a witness because the Central Commission has not given its approval.
On the assumption that this is now the last word, I must have the opportunity to consult with Speer at some length. On Friday I received some information from him. If outside the Court I must speak with him, then I must have a whole day at my disposal in which to do so, and consequently must ask the Tribunal to explain how Speer's testimony is to be submitted as evidence before this Tribunal. I am not entirely clear on this point yet, whether it is probably true that an interrogatory in the presence of one of the Judges is not sufficient, or whether there must be an affidavit from him probably which then is to be read in the Court. At least I cannot construe it, so I would be obliged if the Tribunal would give me its opinion on the subject.
BY THE PRESIDENT: The witness, Speer, is in the exclusive control of the allied Control Council, and this Court is without authority to produce him in Court as a witness without consent of the Allied Control authority.
