The letter, as I said, is signed, or initialed, by von Ammon, and from the indication at the bottom of the letter it is apparent that copies were sent to defendants Mettgenberg and Klemn, as well. We introduce as Exhibit 327, the Document NG-247.
THE PRESIDENT: You referred to the defendant Klemm; I don't clearly understand how he is connected with this Document, Was he the State Secretary?
DR. KUBOSCHOK (for defendant von Ammon): The letter in question is a draft which was not dispatched. I want to emphasize that there is a handwritten note which says, "Not to be sent", that means that if it has been presented to the Minister, the dispatch of this letter was not carried out; and it does not snow any signature, either.
MR. KING: May it please the court, as to whether this Document was actually sent or not, we, as the prosecution, do not know; it does appear, as has been pointed out, that it is draft; but whether, from this draft, a final copy was made, which was dispatched to the Reichsleiter Bormann, we do not know. However, we assume from the notations no the manner in which it came into our possession, that the facts stated in it are approximately correct. We certainly leave it to the judgment of the court as to whether or not it shall be received.
THE PRESIDENT: Apparently it was signed, initialled, by von Ammon. Any question about that?
MR. KING: Yes, von Ammon's initials appear in the lower right hand corner.
THE PRESIDENT: From that we might assume that these are an expression of his view, at least, and might, to that extent, be branding upon him; but if it wasn't sent it would not be branding against either Klemm or Mettgenberg; but in any event I think we can receive the document and they can clear their own situation by their testimony, if they did not get it.
The Document will be received in evidence.
MR. KING: As Exhibit 328, we introduce the Document NG-222. It is to be found on page 112 of the English text, and 107 of the German text. This is a letter dated 21 January 1944 from the Reich Ministry of Justice, to Himmler, Reichsfuehrer-SS, requesting cooperation in the transfer of "Nacht and Nobel" cases originating in France, from the Special Courts in Cologne to the Special Courts in Breslau, the transfer being necessary because of the severe air raids in Cologne.
It appears, from indications on the face of the document, that the letter was routed through the defendant Mettgenberg. It is also clear from the document that the defendant von Ammon has initialed it. That initial appears in the lower right-hand corner of the photostatic original.
DR, SCHILF (Counsel for the defendant Mettgenberg): This photostatic copy shows that in the text, which was originally written by typewriter, several changes in handwriting have been made. These changes in handwriting are very hard to read, and consequently in the German document book several words, and also half sentences, have not been copied. In their place dots have been placed on the manuscript, in the text. Unfortunately, I cannot see whether these mutilations of the text also appear in the English document book.
In order to be able to examine the contents of the document, I respectfully suggest that the original document should be submitted briefly to the defense counsel to complete the copy, because the entire contents of the letter cannot be seen unless it is possible to compare those parts which have been omitted, because they are illegible, with the original.
Therefore, may I ask Mr. King to state whether he is willing to submit the original to us?
MR. KING: Your Honors, it appears from the English text that the translation was made at least to the satisfaction of the translator, who has certified that it is a correct English translation of the German copy.
I think Dr. Schilf can, without any special order of the Court, be permitted to examine the English text and have some help in completing the German copy. Unfortunately, the typists who prepared the German copy did not complete the text, but I think this was because they Aid not take enough time to examine the photostatic copy, which admittedly is somewhat blurred. However, the fact that the English translation of it is complete would seem to suggest that it can be deter mined if enough time and attention is paid to it.
THE PRESIDENT: I want to be sure I understand Dr. Schilf. Is it true that the English translation contains the entire document?
DR. SCHILF: Kay it please the Tribunal, I have just now seen, from Mr. Ring's copy, that the English copy is complete, and the mutilations of the text which can be found in the German document book are not to be found in the English.
May I stress the following? If the English copy is submitted, then only a re-translation from the English into the German would be possible for us, and thereby we still would not have an authentic German text before us. Therefore, I should only like to reserve the right to examine that question again. Possibly a magnifying glass will enable us to decipher the photostat in order to find out whether a re-translation is possible.
The authentic German text, at any rate, is not in our hands, and at this moment I cannot see whether the individual words in the authentic text are so important that a re-translation from the English back into the German would be necessary.
At any rate, considering the fact that the German text is mutilated, I should like to object. I object also against the English text, because we are not in a position to find out whether the English text was translated from the photostatic copy or from the original of the document. If it was translated from the photostatic copy, then apparently the translator was forced to use a little imagination, because the German text given to him was in this mutilated form.
MR. KING: I think it is correct to say that the translator had only the photostatic copy, which Dr. Schilf himself has before him. As a general rule the original documents do not come into our possession. We do, under certain conditions, examine them, but we have to go to the place where they are kept for security purposes, and that is not in Nurnberg.
I have the feeling that if the translator who processed this this document was able to produce an English text which he was willing to certify to as being correct, that that should suffice.
I think the remedy for the situation which has been posed by Dr. Schilf is merely to supply him, to supply defense, with a complete German copy.
It does appear, I am advised, that the omissions in the German text are not of great importance, and nothing of essence has been omitted.
THE PRESIDENT: Well, may we inquire, you have available the photostatic copy of the German document, do you?
MR. KING: Yes.
THE PRESIDENT: Can you let him have access to it for purposes of comparison?
MR. KING: Yes.
THE PRESIDENT: That has been done?
MR. KING: Excuse me; perhaps I didn't understand your question.
THE PRESIDENT: Has that submission been made to defense counsel?
MR. KING: Defense counsel, in the normal course of distribution, get photostatic copies of documents which we submit to the Secretary General. I think, however, that Dr. Schilf is seeing the photostatic copy of this document for the first time just now.
JUDGE BRAND: Your photostatic copy has been translated into English, as you said?
MR. KING: Yes.
JUDGE BRAND: The rules require that the defense counsel have a correct German copy, and they have not yet received it. It seems to me that it is the duty of the prosecution to give them a correct German copy which will conform to the original which has been, as you say, correctly translated into English.
MR. KING: Yes; we certainly appreciate our responsibility in that regard. The only question is whether the document should be adomitted pending the furnishing of such a correct German copy, or withheld until they have received the German translation.
THE PRESIDENT: I would suggest that we withhold the actual admission of it, but leave it in its place among the exhibits, and that examination can be made during the noon hour, no doubt.
MR. KING: I believe Dr. Schilf's objection goes further than a mere examination. I think that he wants, and is entitled to have, a correct German version, in which case it would be several days before that could be prepared and distributed to him.
THE PRESIDENT: I think nothing is gained by having a longer discussion of it at this time. We will receive it conditionally. If the translation into the German is made to his satisfaction within a reasonable time, that will end the matter. If not, it can be brought up again and we will strike it out.
MR. KING: Very well, Your Honor.
DR. KUBUSCHOK: I believe that there is no purpose in making an attempt to translate that document. I ask the Tribunal to look at the photostatic copy. It is impossible for anybody to decipher the hand" remarks. The document, in that handwriting, is absolutely not usable as a court document. Therefore, I believe that we have to raise an objection against the document as such, and that we may well say that any attempt at translation is doomed to failure.
THE PRESIDENT: Perhaps we should see the document.
(Document submitted to Tribunal)
Having examined the document, we feel that in fairness to all parties concerned, the document should not be admitted in evidence.
MR. KING: May I inquire if the Court's ruling on this matter is subject to revision if a photostatic copy which satisfies defense counsel is -
THE PRESIDENT: You may bring the mater up at any time, of course.
MR. KING: The difficulty may be a faulty photographic technique, and about that I do not know. I cannot determine that until I actually see -
THE PRESIDENT: That is a mechanical matter. You can bring it up again after making a further test.
MR. KING: As Exhibit 328 we now introduce the document NG 205 which is the found on Page 113 of the English text and 108 of the German text. This is a letter dated Berlin, 21 January, 1944 from the Reich Minister of Justice, and it concerns the treatment of acquitted NN prisoners. The gist of the letter is that if NN prisoners cannot be released and returned to the occupied countries from whence they came, they are to receive the "mildest grade of protective custody," still held, however, as prisoners. It is apparent that Lautz and Joel received copies of this letter and also von Amnion.
THE PRESIDENT: I wish you would identify them with the addressees of the letter, if you will.
MR. KING: May I ask Your Honor to repeat that?
THE PRESIDENT: The addressees of the letter don't mention their names, and there are three different addresses. I would like to have them classified.
MR. KING: Yes, One addressee being Chief Reich Prosecutor with the People's Court, that would be Lautz.
Another addressee is the Chief Prosecutor in Hamm, and I take it tho date January 21, 1944, gets out of the realm of argument as to whether or not Joel was Chief Prosecutor at Hamm at that time. Von Ammon is shown as having been sent a copy of the letter. That appears on Page 114 of tho English text and 109 of the German. As soon as the defense counsel has finished examining the photostat original we will offer it in evidence.
DR. KUBOSCHOK: The explanation which the Prosecutor has given to the document is not altogether correct. I want to point to figure 1. It is stated there that if a defendant has been found not guilty, or not sufficiently under suspicion, that the prosecutor is to state whether the defendant should be released into the occupied territories or whether he has to be transferred subsequently In the explanation given by the representative of the p Prosecution that remark was not included, which shows that according to this document tho possibility existed that the defendant found not guilty could be released into tho occupied territories.
THE PRESIDENT: The remark of Dr. Kuboschok does not got to the admissibility of the document but to the interpretation of it, I take it. We will read the entire document carefully. The document will be admitted.
MR. KING: The next document is NG 233 and will become when formally offered Exhibit 329. It is found on Page 117 of the English text and 112 -- beginning on Page 112 of the German text. This is the letter dated 21 January 1944 from tho Reich Minister of Justice -I should say Reich Ministry of Justice, to the Wehrmacht and it complains of tho differences in verdicts in the NN cases in Belgium and France as between those handled before the court martial and those NN cases handled by tho ordinary courts.
The letter was sent to the defendant Mettgenberg for approval and initialled by him, also initialled by von Ammon. We offer as Exhibit 329 tho document NG 233.
THE PRESIDENT: You said that the initial of von Ammon appeared on it. Will you make that a little clearer to us?
MR. KING: The initial of von Ammon appears approximately in the middle of tho second page of tho photostat original in the right hand margin. I do hot believe -yes, it is clear that tho initial has not been reproduced in the English translation.
THE PRESIDENT: It isn't here, The document will be received in evidence.
MR. KING: The next Exhibit 330 is the document NG 240. It begins on Page 119 of the English and on Page 114 in the German text. It is a file of letters and notes containing suggestions for tho speeding up of Nacht and Nebel procedure. It is stated that the number of Nacht and Nebel prisoners in custody is increasing because of delays in returning files from the People's Court to tho Special Court. In the first letter which appears, beginning on Page 119, the defendant Joel suggests the following to accelerate tho procedure. I read from the middle of Page 119 in the English and the top of page --- the bottom of Page 114 and top Of Page 115 in the German:
"a) The Chief Public Prosecutor submits record to the Chief Reich Prosecutor only if, according to previous experience or according to directives laid down by the Chief Reich prosecutor, it is to be expected that he will take over, or partly take over, the case.
"b) As a rule, even now, when the draft of the indictment is submitted for approval to the Reich Minister of Justice, the records arc not enclosed. The decision rests with me, to whom the documents are brought by courier.."
It further appears in this document that a conference was held with the Chief Prosecutor at the People's Court concerning Haffner's complaints. Correspondence and reports were routed through the defendants Mettgenberg and von Ammon.
DR. HAENSEL: Dr. Haensel for Joel. This document consists of three parts. As regards the first part, I should like to object to the fact that it is only an excerpt as stated by the heading, and that it cannot be seen in any way how that excerpt was made. In my opinion, it would be necessary, if this document is to be used, at least to attach or to request a certificate as to who has made that excerpt and compare it with the original--not a photostatic copy of a part of the original document in other words -- but the photostatic copy has been made of the excerpt which itself was taken from the entire document in typewriting and without signature.
MR. KING: Your Honors, the document has been reproduced exactly as it came from the files of the Reich Minister of Justice. If it's an excerpt, we did not excerpt it, and we are not in a position to say who did. We are,therefore,not in a position to furnish an affidavit or any other sort of statement indicating why this is the excerpt of the original and not the original.
THE PRESIDENT: The Tribunal is only concerned with the fact that this is a reproduction of the entire document that was captured.
DR. HAENSEL: Beyond doubt, it is not a reproduction. It is not a photostatic copy of the document as it was found. If the Tribunal will only look at it, it will be easy to see that.
MR. KING: Your Honor, I beg to differ with Dr. Haensel. This is a copy of the document as we found it. Whether or not it is an excerpt of the original, I am not prepared to say. Dr. Haensel may be right -- but in any event, it's the way we found it and it's been unaltered by us.
JUDGE BRAND: You moan, don't you, that all of NG-240 that was found in the files is offered here?
MR. KING: Is here reproduced and offered.
THE PRESIDENT: The document will be received in evidence.
MR. KING: I believe Dr. Schilf, after some further examination, may have a comment to make on it.
DR. SCHILF: Dr. Schilf for the defendant Dr. Mettgenberg. That was just a technical question which in this case could be straightened out. In the German document book, there were omissions which can however be recognized in the photostatic copy. Therefore I have no objection since by having a chance to look at the photostatic copy, I have had the opportunity to read those pages and recognize those passages which had been omitted in the German document book. I therefore apologize that I have taken up the time of the Tribunal, but it was not really our fault since the German document book had omissions which we could only supplement now by looking at the photostatic copy.
MR. KING: As the next exhibit 331, we introduce the Document NG-230 which is to be found beginning on page 122 of the English text and page 118 in the German text. This is a letter dated 4 April 1944 from the Wehrmacht to the foreign office with a copy to the defendant von Ammon indicated, and it concerns the secrecy of nacht and nebel cases. I would like to read a paragraph from the letter -- the short paragraph in the English text just below the middle of the page. I believe that is at the top of page 119 of the German. The paragraph states:
"The transfer to Germany will be made, as per the intention of the Fuehrer, in order to make an efficacious and lasting warning example. The fuehrer wishes the relations and the population to be kept in suspense as regards the fate of the perpetrator. To German and foreign bureaus it will be replied to inquiries and petitions: 'The perpetrator has been committed to prison; further information cannot be given.
'" We offer the Document NG-230 as Exhibit 331.
I should also like to point out before offering it to the Secretary-General that on the copy of the photostat original, which we are submitting, the initial of von Ammon appears.
THE PRESIDENT: The document will bu deceived in evidence. Lest there be any possible omission of my ruling, the document, Exhibit 331, NG-230, is received in evidence.
MR. KING: The next exhibit, 332, is the Document 231, and it is to bu found in the English text beginning on page 124 and in the German text beginning on page 120. This is a report by von Ammon concerning conferences held in Paris in April 1944 with respect to nacht and nebel prosecutions in Breslau. The report on the Paris conference was submitted to both Mettgenberg and Klemm. I would like to also refer to the fact that the defendant von Ammon's trip to Paris, of which this document is a report, is also mentioned in Document NG-230.
Excuse me,NG-203, which is Exhibit 236. This report is signed by von Ammon and initialed by Thierack, Klemm, and Mettgenberg.
THE PRESIDENT: I take it that your authority for that is tho Secretary of Stage is Klemm, the Minister, Thierack?
MR. KING: Your Honor, there are two sources for that authority; two sources for that statement; one being the distribution list that is at tho bottom of the letter, Mettgenberg and the Secretary of State, which would be Klemm. However, on tho document itself the initials appear, either the signature of von Ammon and the Initials of Mettgenberg, initials of Klemm and the initials of Thierack. Those Initials appear on the photostatic original opposite the numbers 2 and 3 on tho bottom of page 125 in the English.
We offer as Exhibit 332 the Document NG-231.
THE PRESIDENT: The document will be received in evidence.
MR. KING: The next exhibit , 333, will be the document NG-262, which is to be found on page 126 of the English text and 122 of the German text. This is a statistical summary of a situation report on Nacht und Nobel proceedings as of April 30, 1944. It shows that there had been at that time 6,639 defendants transferred by the military authorities to the Special Courts; accusations had been made in 3,624 instances; and verdicts had been rendered against 1,793. The report itself is initialed by the defendant von Ammon.
We offer as Exhibit 355 tho Document NG-262.
THE PRESIDENT: Where do the initials of von Ammon appear?
MR. KING: In the English text which you have, it is at the very bottom of the page, the letter "A". It is approximately in the same place on the photostat of the original.
THE PRESIDENT: The document will be received in evidence.
MR. KING: The next exhibit , 334, is the Document NG-264; it is a document which begins on page 128 of the English text and on page 123 of the German text. The document is dated, or at least the introduction to a statistical list -- I don't mean to say statistical list -- at least the introduction to a list of names about which I will comment on in a moment. The introduction to that list is dated 3 May 1944, and this list is a file containing reports on the Nacht und Novel cases for the year 1945 and 1944 which are still pending in the Ministry of Justice. The Correspondence contained in his document shows that Nacht und Nobel prisoners were used in the armament industries and also indicates von Ammon's intention to contact the Security Office concerning these armament worker's retention. I would like read a portion of the letter which appears on page 148 in the English text, 139 in the German text. This is a letter from the Advocate General of the Court of Appeals, Kattowice, to the Reich ministry of Justice, and I would like to read the second and third paragraphs. I would like to read the three paragraphs on that page:
"NN prisoners held within the jurisdiction of the Court of Appeal of Kottowice are already employed to a large extent in the armament industry, regardless of whether they arc being hold for questioning or punishment.
They are quartered there in special camps at or no r the place of the respective industrial enterprise. In this way it is intended, if possible, to place all NP-Prisoners at the disposal of the armament industry.
"It has been disclosed tHat the N.N. -Prisoners already employed in the armament industry, as for instance the 400 -odd pr sonars working in Labend, lave done a very good job and excell in particular as skilled workers. Tho armament industry, therefore, wants to retain the employed N.N. -Prisoners also after their acquittal or after they have served their sentence.
"I ask for a decision on whether and, if so, bow that demand can be complied with. Considerable doubts arise from the fact that there is no legal right to confine them further and that the judicial authorities would thus take preventive Police measures. There is the question, however, whether the situation of the Reich does not justify even such extraordinary measures. If the demand of the armament industry is to be complied with, I suggest that an agreement be reached with tho Reich lain Security Office" which is RSHA, that N.N. -Prisoners employed as skilled workers who, as such, continue to be/needed by a certain industrial enterprise, be registered by the Gestapo as prisoners of the Police, after they have boon acquitted or have served their sentence, but that they remain in the camp hitherto kept by the judicial authorities at the place of the respective armament enterprise."
Now, on the following page there is a note which is signed by von Ammon:
"submitted to Department V, with the request for an opinion. If you have no objections I intend to contact the Reich Main Security Office in accordance with the report of the advocate General of Kattowitz." That note, which I have just road, appears on the original in the handwriting of tho defendant von Ammon.
We offer as Exhibit 33 tho Document NG-62.
THE PRESIDENT: The document will be received in evidence. We will now take our usual noon adjournment.
(A recess was taken until 1330 hours.)
THE MARSHAL: Persons in the Court room will please find their seats. The Tribunal is again in session.
MR. KING: The next exhibit, 336 -- the next exhibit 335, is the document NG 261, which is to be found beginning in the English text on page 150, and in the German on page 141. This is a report, the original of which is signed by the defendant von Ammon, on a conference concerning nacht und nebel matters in Belgium and Northern France. The report states that since invasion has not caused increased tension it is not necessary at thim time to make the policy for awarding penalties more severe. The report is also forwarded to the defendant Mettgenberg and bears his Initials. The initials appear on the photostatic copy of the original Just above his typewritten name, that appears on page 151 in the English. I also notice that the defendant von Ammon's name did not appear -- signature did not appear on page 151. Actually it should be under that parenthetical signature illegible. That signature, I think, quite clearly is that of the defendant von Ammon. We offer this document NG. 261 as exhibit 335.
THE PRESIDENT: The document will be received in evidence.
MR. KING: The next document is NG 696 and will become when formally offered, exhibit 336. It is to be found beginning on page 1-2 of the English text and 143 of the German text. This is a sworn affidavit of the defendant Dr. Wolfgang Mettgenberg. We, at this time, are not going to reed any portion of this affidavit. It perhaps can be summarized, though inadequately, by saying that it is a sworn affidavit concerning Mettgenberg's position and duties in the Reich Ministry of Justice.
It also makes it clear that the nacht and nebel section came under his subdivision and that it was headed by the defendant von Ammon. If in doubt about various matters von Ammon talked then over with the defendant Mettgenberg. We offer as exhibit 336, the document NG 696.
THE PRESIDENT: The document will be received in evidence.
MR. KING: The next exhibit 337 is document NG486, which is a sworn affidavit by the defendant Wilhelm von Ammon. This is to be found beginning on page 159 in the English text and on page 150 of the German text. The affidavit concerns the position and duties of the defendant von Ammon as head of the nacht und nebel section. The Court will notice that he states on page 160, that the February 7, 1942 decree concerning procedures of nacht und nebel was signed by Schlegelberger. And, on page 162 of the English text, that would be approximately 153 of the German text, he states that Lautz made the decision as to which cases were to be transferred from the People's Court to the Special Court. And, on page 63, he says that Engert was concerned with the losing of nacht und nebel prisoners, and enforcement of rules against correspondence with relatives and other interested people. I would like to read briefly a paragraph from this affidavit which begins on the top of page 164 in the English text, and at the bottom of page 155 in the German text. Reading from the top of page 164:
"The order that corpses had to be handed over to the Gestapo for burial, too, belongs either to the competence of Department IV or Department V. All leading officials of Departments III, IV, and V in the Ministry of Justice should have been familiar with the Nacht und nebel complex.
At any rate, I had constant contact with several officials of Division V. The essential point of the nacht und nebel procedure in my estimation consisted of the fact that the nacht und nebel prisoners disappeared from the occupied territories and that their subsequent fate remained unknown. Thierack decreed, in addition, that acquitted nacht und nebel prisoners had to be handed over to the Gestapo. It is also known to me that Reichsfuehrer of the SS Himler gave an order that each prisoners were to be committed to protective custody of Degree "I". We were told that this was a particularly mild degree." We offer as exhibit 33? the Document NG 466. I might say while Defense Coursel is examining the photographic copy of the original, that corrections have been made on the original and each correction is initialed on the left hand margin by the defendant von Ammon.
THE PRESIDENT: The document will be received in evidence.