MR. DENNY: If your Honor please, Dr. Bergold has the pages which I intend to read from, so with your Honor's permission I'd like to read them. On the first page is a letter from a lieutenant in the German Army, speaking about the treatment of Ukrainian specialists and he has certain enclosures with it. And if Dr. Bergold has no objection, I am not going to read anything from that page, and I will see that he is furnished with it at the close of the day's hearing.
DR. BERGOLD: No objection.
MR. DENNY: This is a report to the Commander of the Army Sector B, Section VII. The subject is "abuses in the treatment of Ukrainian skilled workers." The page concerned of Your Honor's Document Book is 86. The man writing it is the Commandant of the Collecting Center for Skilled Workers.
The bottom half of the page in question, page 86, page 2 of the Document Book:
"The starosts village elders are frequently corruptible, they continue to have the skilled workers, whom they drafted, dragged from their beds at night to be locked up in cellars until they are shipped. Since the male and female workers often are not given any time to pack their luggage, etc., many skilled workers arrive at the Collecting Center for Skilled Workers with equipment entirely insufficient (without shoes, only two dresses, no eating and drinking utensils, no blankets. etc.). In particularly extreme cases, new arrivals therefore have to be sent back again immediately to get the things most necessary for them. If people do not come along at once, the threatening and beating of skilled workers by the above-mentioned militia is a daily occurrence and is reported from most of the communities. In some cases, women were beaten until they could no longer march. One bad case, in particular, was reported by me to the commander of the civil police here (Colonel Samek) for severe punishment (Place Sozolinkow, district Dergatschi). The encreachments of the starosts and the militia are of a particularly grave nature because they usually justify themselves by claming that all that is done in the name of the German Armed Forces.
In reality, the latter have conducted themselves almost throughout in a highly understanding manner toward the skilled workers and the Ukrainian population. The same, however, cannot be said of some of the administrative agencies. To illustrate this, be it mentioned that a woman once arrived being dressed with barely more than a skirt.
"Particularly distressing is the fact that on account of issued ordinances to prevent smuggling all food acquired by the skilled workers and the rest of the population by buying or bartering household utensils etc. is being taken away by the militia on the way. This is not rarely accompanied by beatings (without regard to objections or given circumstances)."
And turning over to Page 87, dropping down to the paragraph in the middle of the page;
"Very depressing for the miracle of the skilled workers and the population is the effect of those persons slipped back from Germany for having became disabled or not having been fit for labor commitment from the very beginning. Several times already, transports of skilled workers on their way to Germany have crossed returning transports of such disabled persons and have steed on the tracks alongside of each other for a long period of time. These returning transports are insufficiently cared for. Nothing but sick, injured or weak people, mostly 50 to 60 to a car, usually escorted by 3 to 4 men. There is neither sufficient care or food. The returnees made frequently unfavorable--but surely exaggerated --statements relative to their treatment in Germany and on the way. As a result of all this and of what the people could see with their own eyes, a psychosis of fear was evoked among the specialist workers, the whole transport to Germany.
Several transport leaders--of the 62nd and the 63rd in particular--reported hereto in detail. In one case, the leader of the transport of skilled workers observing with his own eyes how a person who died of hanger was unloaded from a returning transport on the side track. (1st Lt. Hofmann of the 63rd transport, Station Darniza). Another time it was reported that three dead had to be deposited by the side of the tracks on the way and had to be left behind unburied by the escort. It is also regrettable that these disabled persons arrived here without any identification. According to the reports of the transport commanders one gets the impression that these persons unable to work are assembled, penned into the wagons and are sent off, provided only by a few men escorts, and without special care for food and medical or other attendance. The Labor Office at the place of arrival, as well as the transport commanders, confirm this impression."
Turning now to Page 88, the last few lines of the first paragraph:
"The chief of transportation in Romodan stated to a transport commander that these transports are not important. Yet the Fuehrer himself ordered these transports and the problem of work power was declared to be the most important and urgent in order to increase the potential of armament."
Then the last half of the next paragraph, beginning, with the words "the attitude" which is in the middle of the paragraph:
"The attitude and behavior of many female Red Cross workers toward the specialists is based often on uncomprehension of the Fuehrer's great action in regard to Eastern workers; and they treat especially the female workers in an outrageous manner. Food also has been refused at times with the reference that these were 'Russian swine'. Nobody pays attention to the fact that these are Ukrainians because there is a lack of information to that effect.
69a In reference to this, attention is called to the fact that it has happened on several occasions that people have broken out of the cars after several days of hungering, hurried into the nearby villages, sold their goods and acquired food.
In such cases, of course, it is not to be expected that they all have come back. Such gross incidents of the transports of the first months have not, to our knowledge, been repeated in the summer. However, it has been reported that about 500 workers escaped along the route out of a transport which started from Kiev, accompanied by only a few policemen, supposedly five in all, (and without medical personnel) and which convoy was badly supplied and taken care of."
Then the last sentence of the last paragraph on the page:
"On the basis of reported incidents, attention must be called to the fact that it is irresponsible to keep the workers locked in the cars for many hours so that they cannot even take care of the calls of nature. It is evident that the people of a transport must be given an opportunity, from time to time, in order to get drinking water, to wash, and in order to relieve themselves. Cars have been showed in which people had made holes so that they could take care of the calls of nature. " Then at the top of the next page, which is Page 89 in Your Honors' book, on treatment of these workers en route:
"The following abuses were reported from the delousing stations:
"In the women's and girls' shower rooms, services were partly performed by men, or men would mingle around or even help with the soaping; and vice versa, there was female personnel in the men's shower rooms; men also for some time were taking photographs in the women's shower rooms. Since mainly Ukrainian peasants were transported in the last months, as far as the female portion of these are concerned, they are mostly of a high moral standard and used to strict decency, they must have considered such a treatment as a national degradation."
Then speaking of abuses inside Germany, the second paragraph under Roman numeral three:
"Here too, unfortunately voices are heard that tell of bad treatment in the collection as well as other camps. All the time do people tell about beatings and thrashings, but constantly also do they write about them. It seems that especially those men who have functions pertaining to order and security violate sometimes very much the limits of admissibility and identify the Ukrainians as Bolshovism, while they have actually for decades opposed themselves to Bolshevism as its natural enemies. The camp commanders also usually show no understanding for the Ukrainians. The treatment in the camps is described as being bad and very brutal."
Dr. Bergold, do you have a letter which then comes, which was dated 27 April 1942? You didn't?
DR. BERGOLD: No.
MR. DENNEY: All right. The letter is also part of the document and we will not read it at this time because Dr. Bergold doesn't have a copy.
THE PRESIDENT: This seems to be a good time to recess, Mr. Denney, until one thirty.
DR. BERGOLD: One moment. May it please Your Honors, I have a request. Very early after I became a counsel, I asked that all these documents of the Central planning Board, be put at my disposal. I have to look through all these documents because I know that I will be able to find exonerating documents which will help with the defense. Unfortunately, these documents have not been put at my disposal yet, although I haven't inquired at the Information Center concerning these documents. At this present trial, only very little time is given to me as a counsel. I must see to it myself to get these documents as soon as possible so that I can use them. Without the help of the prosecution, however, I cannot receive these documents and I'd appreciate it very much that the Tribunal will rule that all the documents of the Central Planning Board, be put at my disposal as soon as possible so that I can prepare the defense in time.
MR. DENNEY: If your Honor please, I made the statement this morning that all of the documents of the Central Planning Board had been made available. Now the statement may be wrongs it was not intentionally wrong. Dr. Bergold made a request and I approved that all the Central planning Board minutes which we had should be given to him, withholding nothing. I have asked Mr. Blakeslee and he states that all of them which we have, have been made available to him. Now, I can check this afternoon and find out. It's certainly been our intention to give him everything that we do have, so far as Central Planning Board is concerned, and this is the first that I have been advised that he doesn't have.
THE PRESIDENT: Dr. Bergold, have you received any of the documents of the Central planning Board?
DR. BERGOLD: No,Your Honor. I have often requested them from the Information Center of the defense counsels and was always repeatedly told by Lt. Garrett that they were not to be found or that they do not exist. I repeatedly applied for them but couldn't get them--apparently, because of a mistake.
MR. DENNY: If Your Honor please, it's the first time that I have heard about it. I assumed that when the request came through and I told them to give it to him, he would get them, but I am sorry it's happened and I will certainly do everything; I can to see that he does get them. As I say, they aren't in my custody; they are in the custody of the document room. But it's certainly my responsibility that he doesn't have them.
THE PRESIDENT: At least the facts can be ascertained.
You can find out what documents you do have and you will be sure of course that whatever they are Dr. Bergold will be given a chance to see them.
MR. DENNEY: Most certainly, Your Honor, we will make copies available that he can have of his own.
THE PRESIDENT: Let's have that done and then we will cross the next bridge, if there is one. If there are further documents, why we will hear Dr. Bergold on that.
MR. DENNEY: I am extremely sorry that it happened and as I said, this is the first time I hear about it.
THE PRESIDENT: The Court will recess until one thirty.
AFTERNOON SESSION The court reconvened at 1330 hours, 3 January 1947.
MARSHAL: The Tribunal is again in session.
MR. DENNEY: If your Honors please, during the noon hour I inquired into the situation concerning the Central planning Board minutes and the procedure which is followed after an application is made. I am informed that once the application is made through the General Secretary it then comes to us through Liaison OfficerRaugust that if we approve it, which I did, then we return it to the General Secretary's office and thereafter the matter is out of our hands.
THE PRESIDENT: Whose move is it then, after you return it to the General Secretary?
MR. DENNEY: From that I don't know. Mr. Conway will be in later this afternoon. I asked him to check up and find out but went beyond that so he could tell me so we could advise your Honors. I want to make sure the Court will understand we have not tried to keep anything from Dr. Bergold.
THE PRESIDENT: I don't think anyone suggests that, not even Dr. Bergold. It is just a mechanical matter. You do have the papers he wants, some of them?
MR. DENNEY: The do not have all the minutes of the Central Planning Board. All we have are some of them. Certainly everything we have is available to him or should be available to him.
At the end of Court this afternoon or tomorrow morning I will see that Dr. Bergold gets them.
THE PRESIDENT: This will work out satisfactorily, I am sure.
MR. DENNEY: The last document, I believe, was Exhibit No. 19, which was Document 054-FS. At this time I would like to pass 294-PS. Turn to page 3 of the Index to Document L-61 which will become Exhibit No. 20. This is a letter from Sauckel, dated November 26, 1942, concerning the employment of Jews and exchange of Jews in essential employment against Polish labor.
"In agreement with the Chief of the Security Police and. the SD" -If your Honors please, as you know that is Sicherheits Dienst. "Jews who are still in employment are, from now on, to be evacuated from the territory of the Reich and are to be replaced by Poles, who are being deported from the General Government.
The Chief of the Security Police advised us under the date of 26 October 1942 that it is anticipated that during the month of November the evacuation of Poles in the Lublin district will begin, in order to make room there for the settlement of persons of German race.
The Poles who are to be evacuated as a result of this measure will be put into concentration camps and put to work where they are criminal or asocial elements. The remaining Poles, where they are suitable for labor, will be transported. - without family - into the Reich, particularly to Berlin; there they will be put at the disposal of the labor allocation offices to work in armament factories instead of the Jews who are to be replaced.
The Jews who will become available as a result of the employment of Polish labor will be deported on a shuttle system. This will apply first to Jews engaged in menial work since they can be exchanged most easily. The remaining so-called "qualified" Jewish laborers will be left to the industries until their Polish replacements have been made sufficiently familiar with the work processes by a period of apprenticeship to be determined for each case individually. Loss of production in individual industries will thus be reduced to the absolute minimum.
I reserve the right to issue further instructions. Please inform the labor offices concerned accordingly.
I transmit the foregoing copy for your information. Insofar as the removal of Jews (still) in employment concerns your area (Bezirk) too, I request that you take the necessary measures in cooperation with the competent offices of the Chief of the Security Police and of the SD."
407-PS, the next document I believe is not in your Honors' Document Book. So, the next one is 1063-PS-D, page 100 of the Document Book, Id, first page. I believe this is the last time we will have to run over from one book to another but in the event we do I shall certainly see than an index is prepared for both volumes. It will make it easier, I realize, to work. 1063-PS-D becomes Exhibit No. 21. This is an order of Mueller signed 17 December 1942.
"For reasons of War necessity not be discussed further here, the Reichsfuchrer SS and Chief of the German Police on 14 December 1942, has ordered that until the end of January 1943; at least 35,000 prisoners qualified for work, are to be sent to the concentration camps.
"In order to reach this number, the following measures are required:
"1) As of now (so far until 1 Feb. 1943) all eastern workers or such foreign workers who have been fugitives, or who have broken contracts, and who do not belong to allied, friendly or neutral states are to be brought by the quickest means to the nearest concentration camps. For this, the most necessary formalities, as listed under No. 3) must be observed."
Skipping down now to paragraph No. 2.
"All prisoners qualified for work, if it is essentially and humanly possible, will be committed at once to the nearest concentration camp, according to the following instructions, for instance also if penal procedures were to be established in the near future. Only such prisoners who in the interest of investigation procedures are to remain absolutely in solitary confinement can be left there.
Every single laborer counts "The checking must be taken up at once.
All withholding of prisoners qualified for work is prohibited. My approval is required for exceptions."
Turning over to the next page, the 4th paragraph from the end.
"In regards to eastern workers, that is to say for such workers who have to wear the insignia "EAST", it is sufficient to give the total number of the arrested."
The next document is 018-PS which is a letter from Rosenberg to Sauckel, dated 21 December 1942. This if offered as Prosecution Exhibit No. 22. Starting in the middle of the second paragraph where he is speaking about acquisition of new laborers.
"This would always be the case, where the acquisition of new laborers is uncertain in a way which intimidates the population. The reports I have received show, that the increase of the guerilla bands in the occupied Eastern regions is largely due to the fact that the methods used for procuring laborers in these regions are felt to be forced measures of mass-deportation; so that the endangered persons; prefer to escape their fate by withdrawing into the woods or going over to the guerilla bands. Add to the occasionally unfavorable news regarding the treatment of the Eastern laborers in the Reich, that experience with the labor procurement authorities, then the result can only be a strengthening of the number and fighting: spirit of the hostile troops. This development is further aided by the return of tons of thousands of useless Eastern workers from the Reich (sick, cripples, etc.)" To this point I should like to add that my repeated plea to establish sick camps in the Regional Labor Office District, that is in mass deportations of the Easterners who are incapable of work has so far not been answered.
Then, going down toward the end of that same paragraph, it starts out, "Even if I do not close my eyes to the necessity that the numbers demanded by the Reichsminister for weapons and ammunition as well as by the agricultural economy justify unusual and hard measures, I have to ask, due to the responsibility for the occupied Eastern territories which lies upon me, that in the accomplishment of ordered tasks such measures be excluded, tho toleration and prosecution of which will some day be held against me and my collaborators."
Dr. Bergold, do you have two additional pages on that exhibit, one headed, "Extracts From the Secret Report on Morale by the Foreign Hail Censorship Post, Berlin"?
DR. BERGOLD (Counsel for Defendant Hilch): Yes.
MR. DENNY: And another one, parts from two letters, right after that? It may run right along with it. There should be three paragraphs.
DR. BERGOLD: Yes.
MR. DENNY: Turning over, then, to page 104, which is page 3 of that document, "Extracts from the Secret Report on Morale by the Foreign Hail Censorship Post, Berlin":
"Horrifying picturizations of compulsory measures by the administrative authorities for the seizure of Eastern laborers form a major part of the news from home to their relatives working in Germany. The disinclination to answer the call to work in the Reich has evidently grown steadily, not only due to the reports of Eastern workers which fled home and their workshops or have been dismissed.
In order to secure the required number for the labor transport, men and women, including youngsters from 15 years on up, are allegedly picked up on the street, from the market places and village festivals and carried off. The inhabitants therefore hide themselves in fear and avoid any appearance in public. After public beating during the month of October, so available letters state, came, the burning down of homesteads and of whole villages as retribution for failure to comply with the demand for the appropriation of labor forces directed to the communities. The execution of the latter measures is being reported from various villages."
Turning ever to the next page, skipping the next paragraph, and then the last long paragraph which starts, "On October 1 a new conscription of labor forces took place.
From what has happened, I will describe the most important to you. You can not imagine the bestiality. You probably remember what we were told about the Soviets during the rule of the boles. At that time we did not believe it, and now it seems just as incredible. The order came to supply 25 workers, but no one reported. All had fled. Then the Herman militia came and began to ignite the houses of those who had fled. The fire became very violent, since it had not rained for two months. In addition the rain stacks were in the farm yards. You can imagine what took place. The people who had hurried to the scene were forbidden to extinguish the flames, beaten and arrested, so that seven homesteads burned down. The policemen meanwhile ignited other houses.
The people fall on their knees and kiss their hands, but the policemen beat them with rubber trunchions and threaten to burn down the whole village. I don't know how this would have ended if I, Sapunkany had not intervened. He promised that there would be laborers by morning. During the fire the militia went through the adjoining villages, seized the laborers, and detained and brought them under arrest. Wherever they did not find any laborers, they detained the parents, until the children appeared. That is how they raged through the night in Bielosirka. The workers which had not yet appeared till then were to be shot. All schools were closed and the married teachers were sent to work here. while the unmarried ones go to work in Germany. They are now catching humans like the dog-catchers used to catch dogs. They are already hunting for one week and have not yet enough. The imprisoned workers are locked in at the schoolhouse. They can not even go out to perform their natural functions, but have to do it like pigs in the same room. People from many villages went on a certain day to a pilgrimage to the monastery Potschaew. They were all arrested, locked in, and will be sent to work. Among them there are aged, lame, and blind people."
The next document is 1726-PS, which becomes Prosecution Exhibit 23. We pass 556 PS at this time, Your Honor. Do Your Honors have 1726 in your book.
THE PRESIDENT: That is the statement of the Netherlands Government?
MR. DENNY: Yes, sir.
-81.
THE PRESIDENT: Yes.
MR. DENNY: I dislike to bother you about it, but are there several pages or just one?
THE PRESIDENT: There is just one page.
MR. DENNY: We will have to pass that at this time, because I notice that this document contains six pages, whereas the one they have bound has only one. However, in that we have tentatively assigned number 23 to that, we will just withdraw the offer at this time, the number having been written on the exhibit, and we will proceed by marking the next one 24, if that is agreeable.
The next document is 3003-PS, which will become Prosecution Exhibit 24. This is a partial excerpt from a report on a lecture by Lieutenant Haupt, giving the situation in the Netherlands on the war economy.
"Cooperation between civilian and military agencies so far has been thoroughly satisfactory. Page 109 in the English book. The commander of the Fwi 0 who had been active for many years in Holland, was able to eliminate through personal contact in any difficulties that might have arisen. There had been some difficulties with the Arbeitseinsatz, i.c., during the man catching action (Kenchenfang Aktion) which became very noticeable because it was unorganized and unprepared. People were arrested in the streets and taken out of their homes. It had been impossible to carry out a unified release procedure in advance, because for security reasons, the time for the action had not been previously announced. Certificates of release, COUT NO.
2 furthermore, were to some extent not recognized by the officials who carried out the action.
Not only workers who had become available through the stoppage of industry, but also those who were employed in our installations producing things for our immediate need. They wore apprehended or did not dare to go into the streets. In any case it proved to be a great less to us.
Document 1526-PS, which is offered as Prosecution Exhibit Number 25, being a letter in February 1943, written by Professor Kubijowytach to the Governor General, Frank. The first page and the first section deal largely with the restoring of private property. However, the third page, which is page 111 in your Honor's document book, has under Roman Numeral II measures for finding Labor.
"The general nervousness is still more enhanced by the wrong methods for foreign labor which have been used more and more frequently in recent months to find labor.
"The wild and ruthless man-hunt exercised everywhere in towns and country, in streets, squares, stations, even in churches, at night in houses, has badly shaken the feeling of security of the inhabitants. Everybody is exposed to the danger of being seized anywhere and at any time by members of the police, suddenly and unexpectedly, and being brought into an assembly camp. None of his relatives knows what has happened to him; or months later, one of the others gives news of his fate by a postcard.
"I beg to mention some instances with their respective proofs "a.) During such an action a pupil in Sokol lost his life and another one was wounded.
"b) Nineteen Ukrainian workers from Galicia, all provided with identity cards, were assigned in Cracow to a transport of 'Russian prisoners-of-war' and delivered into a punishment camp in Graz.
"c) Ninety-five Ukrainians from Galicia, recruited for work in Germany by the labor offices in the middle of January, were sent to Pskow in Russia, via Eastern Prussia, where most of them died as a result of very hard conditions.
"d) Seizure of workers under pretext of military recruitment; kidnapping schoolboys during school time."
THE PRESIDENT: Mr. Denny, this letter was written from Cracow?
MR. DENNY: Yes.
THE PRESIDENT: It purports to describe conditions in Cracow, Poland?