Therefore, I should like to ask whether we can infer from this ruling, whether we can take it for granted that we likewise can take similar material as authentic documents of probative value.
MR. LA FOLLETTE: May I be heard, Your Honor?
THE PRESIDENT: We take it that from the Coogan affidavit we have sufficient ground for admitting the document as being properly authenticated, in the absence of any additional proof to the contrary.
DR. GRUBE: If it please the Tribunal, I should like to state that the Coogan affidavit merely ascertains the correctness of the letter by Schneller. However, it never can assure that the statements in the letter are actually correct.
I believe, consequently, that the Coogan affidavit is not adequate to attach probative value in this case.
Up until now the International Military Tribunal admitted only such documents which had been siezed, or statements which had been prepared according to rules drawn up for the trial. This also applied to exhibits submitted by the prosecution.
When considering the validity of the Coogan affidavit, and if that were to be extended to all documents, then it would be sufficient, as an example, if the defendants would present a simple declaration and then the Coogan affidavit would be submitted. However, inasmuch as in other cases evidently the prosecution takes the position that for the documentary material which is submitted by the prosecution the form of an affidavit has to be used, I am of the opinion that the same conditions must apply in this present case for the letter in question
JUDGE BRAND: May I ask counsel a question? If this entire list had been made out by Schneller and no one else and Schneller had signed and vouched for it, would you still maintain your position that it was inadmissible?
DR. GRUBE: Yes, I am of the opinion the single signature of Schneller does not prove that the content of the document is actually correct. If this is to be an authentic document, then it should be prepared in the form of an affidavit. As already stated, I do not believe that the probative value of this document should be the same as that of the Coogan document. For instance, from the viewpoint of the defense it would be easily possible to accept a situation where any kind of a counsel signs any kind of a list filled with a number of names and that he declares of thirty verdicts in fifteen cases an acquittal took place and in all the other cases it was a conviction. This witness who would be considered as a defendant sign this list with his name. I do not believe that such a list should be accepted by the Tribunal in this case as an authentic document simply because this man gave his signature.
MR. LA FOLLETTE: Doctor, I don't want to preclude you. Just for a minute. I don't want to preclude you. You may come back.
I think to settle this largely by going back to why I believe is the outstanding element in this question of probative valuo, something which was said in the opening statement, and I tried to say yesterday, that under tho circumstances under which this material of this kind was obtained, when an army comes in and when the situation is disrupted, that which gives evidence of the fact that there was an honest endeavor to obtain truthful information places this in an entirely different position that a current, unsworn to letter. Of course, if we had brought this letter out yesterday, counsel would be right, but that is the position that I take, and I hope the Tribunal will uphold us in it so that we may proceed.
DR. GRUBE: May I add a remark in this connection?
JUDGE BRAND: We should like to inquire if the defense questions the genuineness of Schneller's signature in the place where it appears?
DR. GRUBE: I do not doubt the authenticity of Schneller's signature, but I do Doubt that the document in itself written by Schneller has any probative value, the reason being that the group affidavit can testify to the correctness of the copy only, but it cannot prove the authenticity of the letter itself. The authenticity of the letter itself could be established by the form of an affidavit only.
DR. KUBUSCHOK: May I also call the Tribunal's attention to the fact that the last sentence of the letter of Schneller to Captain Ryan shows that the list was not prepared by Schneller himself but by several other persons. He speaks there in plural sense, "we." If several persons prepared that list, then the fact that the sender merely signed does not yet vouch for the authenticity of the list. If in the case of such a work prepared by a group of people we cannot establish who are the people who prepared the list, whether they were reliable or unreliable persons, interested or not interested persons, then we cannot take a position as regards the authenticity and the probative value of the document.
DR. WANDSCHNEIDER: May it please the Tribunal, in the name of the defendant Rothenberger may I still add a few words on the subject? The question raised is important, not only for this occasion but for the entire continuation of the trial in principal, and in that respect it is of considerable importance. Consequently I extend my thanks to the Tribunal for giving us this extensive opportunity to take our positions in regard to this question in principal.
In regard to this question I would say undoubtedly this does not involve an affidavit but a simple letter. The question of one of the Doctors that evidently a certain authentic and probative value should be attached to the signature of Schneller, in my opinion, cannot be answered in that sense when taking into consideration the contents of the letter, because once we consider the content of the entire document we will find that under each individual figure comprehensively a number of names and professional data are given about the individual persons involved which, in itself, would call for an exceptionally careful and extensive preparation of such a document.
Now, speaking of a great number of persons, when the most significant data on their career, their professional development, their political work and ideology and reasons for their dismissal from office are being summed up in one document without this document being verified in the form of an affidavit, this violates one of the rules of procedure -
THE PRESIDENT: Judge Brand has inquired whether there is a serious question as to the genuineness of the signature of Schneller. I would like to ask Dr. Wandschneider if he questions that.
DR. GRUBE: In regard to the question whether, if a letter covered a group affidavit, it is authentic, I deny that. For instance, it may also be possible if the power were given somebody to certify to the correctness of a number of signatures, I do not believe that such a letter given to an attorney and for which he has signatures prepared -I do not believe that such a letter would be admitted. The group list testifies only to the correctness of the copy, but not as to the authenticity of the content.
THE PRESIDENT: We have given counsel unusual opportunity to make their statements, because it is doubtless important. It is more important to us to be right, of course. But we think after consideration of all that has been said, that this document has some evidence of authenticity and if so, that it has certainly probative value. If it is -
DR: GRUBE: However, I should then raise the question -- may I then put the question again, can we infer from this ruling of the Tribunal that we can submit letters which are being sent to us by witnesses for us as probative documents?
MR. LA FOLLETTE: I don't think you can put the Tribunal on the spot that way. In the first place, as I pointed out, this thing was collected under the circumstances which were unusual and are covered by the Coogan affidavit, the system of the IMT and the rest of it.
THE PRESIDENT: Our answer to the last question asked by defense counsel is that it is a very general question and we will answer that when the occasion arises. We can't answer what ruling might be made on a submission that is not before us. This one is before us and we are doing our best to answer that correctly.
DR. GRUBE: I only wanted to prevent that the defense should be deprived of some advantage if it is permitted to the Prosecution to submit letters as documents, while according to the previous procedure, we are not permitted to do this and to submit ordinary letters as documents.
THE PRESIDENT: We think we have given counsel unusual time to present their views and that our rulings will be final.
MR. KING: The Prosecution desires to offer NG-475 which can be found on Page 152 of Document Book 1, Section B of the English Text.
THE PRESIDENT: I did not get the page number.
MR. KING: Page 152, Your Honor.
This letter is dated Berlin, 17 September, 1942. It is addressed to the Chief of Staff SA. Lutze.
"Chief of Staff.
"The Vice-President of the People's Court, SS-Oberfuehrer Engert, will retire on 1 November 1942. I intend to propose Ministerial director Dr. Crohme, hitherto with the Rich Ministry for Justice as Vice-President of the People's Court. Crohne has the rank of a Sturmbannfuehrer. I should welcome if it were possible to promote Crohne who has been member of the Party since 1932 to a Standartenfuehrer considering the very great importance of the position of Vice President of the People's Court."
The Prosecution offers as Exhibit Number 50, NG-475.
THE PRESIDENT: The document will be received in evidence.
MR. KING: As Exhibit Number 51, the Prosecution will offer in evidence Document Number NG-184 which is to be found on Page 153 through 162 in Document Book 1, Section B. This document consists almost entirely of a list of the names of the judges f the People's Court. There is a covering letter, and then there follows 8 or 9 pages listing the honorary members of the People's Court. Me do not wish either to read the covering letter or to read the list of names except to point out that the Defendant Petersen's name appears on Page 159 We offer Document NG-184 as Prosecution's Exhibit 51.
THE PRESIDENT: The document will be received.
MR. KING: As Prosecution's Exhibit Number 52, we offer Document Number NG-148 which is to be found in Document Book 1, Section, on Page 164 in the English text. It consists of one page only. It is a letter dated Berlin, 28 October, 1944 from the Office of the Reich Minister of Justice to the President of the People's Court, Dr. Freisler.
"My dear President, "You sent me the letter from the newly appointed honorary member of the People's Court, SA-Oberfuehrer Robert Reinecke, who, immediately after his appointment, states that he cannot exercise his office.
"Since these cases are increasing, I intend to take appropriate steps in the offices which have so far proposed honorary members for the People's Court. I ask you therefore to inform me of those cases in which newly appointed members of the People's Court indicate that they cannot exercise their office at all or only to an insufficient extent.
"Heil Hitler "Yours "Dr. Thierack."
The Prosecution offers as Exhibit Number 52, Document NG-148.
THE PRESIDENT: The document will be received in evidence.
MR. KING: As Prosecution's Exhibit Number 53? we would like to offer the Document 2967-PS which is to be found on Page 141 and the following four pages in Document Book 1, Section B.
This is an affidavit of Dr. Hans Anschuetz, at present District Court Director at Heidleburg, who after having been duly sworn, deposes as follows:
May it please the Court: There seems to be difficulty here with the German text. The document numbered 2967-PS which appears in the German text does not correspond with the document of the same number in the English text. Until we can resolve the difficulty there, I think we had better pass over the introduction of this document. I therefore withdraw that from consideration.
THE PRESIDENT: How much time will the next document consume? I see we have only a few minutes before adjournment time.
MR. KING: That would be NG-478. It consists of a document in the neighborhood of 5 or 6 pages. Your suggestion is well taken.
THE PRESIDENT: We will, therefore, adjourn the Tribunal until next Monday morning at 9:30 o'clock.
THE MARSHAL: The Tribunal will recess until 9:30 o'clock Monday morning.
(The Tribunal recessed on 7 March 1947 at 1630 hours until 10 March 1947 at 0930 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Josef Alstotter, et al., defendants, sitting at Nurnberg, Germany, on 10 March 1947, 0935 - 1630, Justice Marshall presiding.
THE MARSHAL: Persons in the court room will please find their seats.
The Honorable, the Judges of Military Tribunal III.* Military Tribunal III is new in session?
God save the United States of America and this Honorable Tribunal.
There will be order in the court.
THE PRESIDENT: The Marshal will ascertain whether the defendants are in their places.
THE MARSHAL: May it please Your Honors, all the defendants are present in the court room with the exception of Rothaug and Engert, who are absent due to sickness.
THE PRESIDENT: The prosecution will proceed.
MR. LA FOLLETTE: May it please Your Honors, the prosecution desires to offer in evidence as Prosecution Exhibit No. 53, Document No. 802. That is the biographical affidavit of the defendant Curt Rothenberger. It was originally, as I recall, offered last Thursday or Friday, and there had not been a distribution of the German, or there was no evidence here that there had been. The prosecution is satisfied by receipt in the possession of Lt. Niebergall that this separate document was delivered to the Defense Center I hope it was then distributed there. Do the interpreters have a German text of this affidavit?
INTERPRETER: Yes.
MR. PRESIDENT: On what page?
MR. LA FOLLETTER: This is a separate exhibit and distribution was made to the bench last week.
I, Curt ROTHENBERGER, lately Under-Secretary in the Reich Ministry of Justice (1942 - 1943) declare on oath and state as follows:
I was born at Cuxhaven on the 30th June 1896. I attended the Realschul in Eimsbuettel-Hamburg (1902 to 1905), and the Wilheln Gymnasium in Hamburg. (1905 to 1914). I studied at the Universities of Berlin (1914), Kiel (1915) and Hamburg (191901920). I served, my preparatory period in Hamburg (1920 to 1922). In March 1920, I passed, my Referendar (provisional Law) Examination; in April 1920 my Doctor examination, and in June 1922 my Assessor (Assistant Judge) Examination.
I served in the first world war from 1915 to 1918, last as a Lieutenant of the Reserve. I received the Iron Cross 1st and 2nd Class. In 1937 and 1933 I took part in 4 weeks' maneuvers. My highest rank was a Captain of the Reserve.
I joined the NSDAP on 1 May 1933. My membership number was at first about 1,300,000. Later (about 1936) it was brought down to approx. 880,000. Since approx. 1937 and until 1942 I held the position of Gaurechtsamtsleiter. As such I also belonged to the Leadership Corps. I was, however, neither a member of the SA nor of the SS. My highest rank in the Party was that of Dienstleiter (1942 - 1943), I belonged to the National-Socialist Jurist's lead (Rechtswahrerbund.) Humburg from 1934 to 1942 as Gaufuehrer. Later on (1942 - 1943) I was temporarily deputy leader of the National-Socialist Rechtswahrerbundes. I belonged moreover to the NSV, the RDB, the RLB and the RKB.
My professional career was as follows:
From 1922 to 1924 I acted assistant Judge in Hamburg. In 1925 I was appointed Landrichter. In 1927 I was appointed Regierungsrat, and in 1929 Oberregierungsrat. In 1931 I became Landgerichtsdirektor, and in 1933 Justizsenator in Hamburg. From 1935 to 1942 I was President of the District Court of Appeal in Hamburg.
At this point, there is an insert in handwriting.
"Other positions I held were:
"President of the Prize Court Hamburg "Honorary Professor for Civil Law "Chairman of the Reich Sea Court (Reichsoberseeamt) "German Representative at the International Court of Arbitration, The Hague.
"In 1942, I was appointed Under-Secretary in the Ministry of Justice.
under Thierack. I continued in this position until I left the Ministry in December 1943. Afterwards I acted, until the end of the war, as a Notary in Hamburg.
" I have read the foregoing deposition consisting of two pages in the German language, and declare that it is the full truth to the best of my knowledge and belief, I have had the opportunity to make alterations and corrections in the above statement. I made this declaration voluntarily without any promise of reward, and I was not subjected to any duress or threat whatsoever.
"Nurnber, Germany, 12 February 1947.
"(Signature)Curt Rothenberger."
The prosecution now offers Document NO. NG 802 as prosecution's Exhibit No. 53.
THE PRESIDENT: There being no objection it will be admitted in evidence.
MR. LA FOLLETTE: The Prosecution, for its Exhibit 54, will offer at this time Document NO. NG-605. I want to state, particularly for the benefit of Counsel for Dr. Rothenberger and Joel, that this document is a photostatic copy of the printed speech which we started to offer last week in that celebrated list of Exhibit 47 which went on indefinitely. As I understood it, the Counsel merely asked to be advised as to the source of this document. I now state that after an investigation made by a German speaking and reading lawyer on the Prosecution's Staff that the original of Document No. 605 is found Deutsche Justiz, 1943, on page 402. The Prosecution offers as Exhibit No. 54, Document No. NG-605.
THE PRESIDENT: On what page -
MR. LA FOLLETTE: I beg you Honors pardon, that is on page 20 of Book L-A.
THE PRESIDENT: There being no objection, it will be admitted in evidence.
MR. LA FOLLETTE: The Prosecution would like to offer as Exhibit 55 Document NG 852, which is a separate document. It being the biographical affidavit of Wilhelm von AMMON. It is not in the book, but it was delivered to the Defense Center:
"I, Wilhelm von Ammon, latterly Ministerial Counsellor in the Reich Ministry of Justice, swear, state and declare:
"I was born in Memmingen on 17 March 1903."
I do not think that I will, in any way, prejudice the defendant Dr. Ammon if I skip that part of the affidavit which deals with his legal training and education. I now start with the paragraph.
"I entered the NSDAP on 1 May 1937, I do not know my party number. I belonged to the SA, at the end as Scharfuehrer. I had joined the SA in December 1933. The only decoration I obtained was the SA sports badge. I was also a member of the NS jurist's league, the German Civil Servant's League, the NS Welfare Organization and the ARP League. I never served in the Wehrmacht as I was given indispensibility status for legal work.
"My career was as follows:
"From I November 1938 to 1 March 1929 I worked as assistant judge (Gerichts-assossor) (auxiliary clerk-Hilfsreferent) in the Bavarian State Ministy of Justice. On 1 March 1929 I was appointed Third Public Prosecutor and on 1 September 1930 Judge of the local court in the Bavarian State Ministryof Justice. My activity during those years remained that of an auxiliary clerk in the Ministry.
"After my appointment as Senior Public Prosecutor on 1 December 1923 I was called to the Reich Ministry of Justice with affect from 1 January 1935 in the course of the standardization of the administration of Justice. I became Landgerichtsrat there on 1 February 1935 and Landgerichsdirektor on 1 July 1937. My main activity in the Reich Ministry of Justice at that time concerned questions of international legal usage in penal matters. After the Austrian Anschluss I was also temporarily used in 1938 as liason officer department III (penal matters) with department VIII (Austria) of the Reich Ministry of Justice. I was consultant in the department for the administration of penal law under Ministerial Director Crohne. On 1 January I was transferred to the Munich Court of Anneal as Oberlandesgerichsrat. I remained there until June 1940. Then I was recalled to the Reich Ministry of Justice. With effect from 1 March 1943 I was promised Ministerial Counsellor. I retained this rank until the end of the war. From 1942 onwards I dealt mainly with Nacht and Nebel cases in the occupied territories. In my capacity as consultant for Nacht and Nebel cases I made several duty trips to the occupied territories and took part in discussions in Paris and Holland which dealt with questions of Nacht and Nebol proceedings.
"I have read the above statement in the German language and declare that it is the full truth to the best of my knowledge and belief. I have had an opportunity to make changes and corrections in the above statement. I have made this statement voluntarily, without any promise of reward and I was not exposed to any threat or duress.
"Signature: Wilhelm von Armer. Nurnberg, 25 February 1947."
The Prosecution introduces in evidence, as Prosecution's Exhibit No. 55, which is NG Document 852, a separate document.
THE PRESIDENT: It will be received in evidence.
MR. LA FOLLETTE: The prosecution would like next to introduce as its Exhibit No. 56 the affidavit of the defendant Guenther Joel, which is document 915. I have at the podium a receipt signed by Lieutenant Garrett-two receipts--showing that sixteen German copies and four English copies of this separate document were receive in the Defense Center at 9:20 a.m. on the 8th of March, I hope they have been distributed.
I will proceed to read from the document:
"I, Guenther Joel, formerly General Public Prosecutor, was born on 19 April 1903 at Cassel."
I will now not read the legal training material which is contained in the affidavit. I will be in at the sentence which is the seventh sentence down in the English translation. It be ins:
"I joined the NSDAP in May 1933. I never received a membership book and I therefore do not know my Party number. I held no position in the Party. I neither belonged to the SS nor to the SA, but since 1938 I belonged to the SD with the rank cf Oberstumbannfuehrer. I held this position in an honorary capacity. I received no decorations. I also belonged to the National Socialist Jurists' Association (NS-Rechtswahrerbund), the National Socialist Colonial Association (NS-Kolonialbund) and the National Socialist Welfare Organization (NSV). I did not serve in the Wehrmacht, as I was exempted from military service by the Ministry of Justice. My professional career is below:
"In 1931 I became assistant judge (assessor) with the prosecution in Cassel and temporarily at Hamm. From August 1933 until August 1943 I was working in the Reich Ministry of Justice in Berlin. In the year 1938 I was promoted to Chief Public prosecutor after having previously been Senior Public Prosecutor. In the Year 1941 I reached the rank of Ministerialrat. In 1943 I was assigned as General Public Prosecutor with the District Court of Appeal at Hamm-Westphalia and remained in this position until the end of the war. My duties since 1931 Consisted of dealing with criminal cases.
"I have read the above statement, consisting of one page in the German language, and declare it is true and correct to the best of my knowledge and belief. I was given the opportunity to make changes and corrections in the above affidavit. This affidavit was given or me freely and voluntarily with out any promise or reward and I was subjected to no compulsion or duress of any kind."
Signature: "G. Joel." In handwriting: "Nuremberg, 6 March 1947."
The prosecution offers Prosecution Exhibit 56, which is document NG-915.
THE PRESIDENT: It will be received in evidence.
MR. LAFOLLETTE: I would like to turn to page 76 in English book 1-B, which is page 91 of the German text. It is page 76 of Document book 1-B, page 91 of the German document book 1-B.
THE PRESIDENT: Isn't that a part of Exhibit 39 already receive?
MR. LAFOLLETTE: Yes. I want to read just shortly from that Exhibit, which is already inevidence. Am I correct on the pain? It is the paragraph numbered 12.
THE PRESIDENT: Will you give us the exhibit number again, please?
MR. LAFOLLETTE: It is Exhibit No. 39, Docunent 654-PS. I might say that Exhibit 38, which was NG-059, referred to a meeting on the subject of judicial reform, and the document 654-PS, which is Exibit 39, is the minutes of that meeting. I read from this document last Thursday, I believe. I would like to read one paragraph, paragraph 12, on page 76 of the English book, page 91 of the German books.
"The Reichsfuehrer of the SS pointed out as reliable SS Obersturmfuehrer Reichsgerichtsrat Altstoetter, at present ten active service as a Major, and also Langerichtsgraesident Ste p; he designatid as unreliable Generalstaatsanwalt Jung in Dresden."
If Your Honors please, Mr. King will continue.
MR. KING: I would like to call to the Court's attention a discussion we had on last Friday in connection with the introduction of document NG-440, which became Exhibit No. 43. It will be recalled that one of the counsel objected to the introduction of that document because there was no indication as to the source, or it wasn't particularized in the sense that an individual's name was attached to it.
I pointed out at that time that the initials "K.M." appeared on the document, and that we felt, from evidence in our possession, that those initials "K.M." undoubtedly referred to the defendant Klemm, but that in that connection we would shortly introduce an exhibit which would clarify, not only for the Court but for the defendants as well, the signatures, or initials, about which, from time to time, there may be some doubt.
This morning we have that exhibit ready for presentation, I do not believe that it appears -- in fact, I know it does not appear in the document books. However, distribution was made of NG-886 to the Defense Information Center on the 8th of March, and we have a signed receipt in our possession for that.
May I inquire, does the Court have copies of the document NG-886?
JUDGE BRAND: What is the number?
MR. KING: It is 886.
THE PRESIDENT: If it does not a pear in the document book, there is no question of the exhibit being submitted to us?
MR. KING: I have three copies here, which I would like to call to the attention of the Court now. The counsel for the defense have received copies of this document. It will not be necessary for the translators to have a copy of is because we are not going to read into the record any portion of it.
As the Court will observe, on Page 4 of that document, the lefthand column, third initial down, is that of Klemm. That is the same initial which appears on Exhibit 43, NG 440, about which the discussion arose the other day.
JUDGE BRAND: Will that be given an exhibit number?
MR. KING: In order that prosecution counsel may satisfy themselves as to the similarity between the initial of Klemm in Exhibit 57 and the initial of Klemm in Exhibit No. 43, the Prosecution wonders if we may have recalled for purposes of examination by defense counsel Exhibit No, 43, to be returned immediately to the Court.
MR. LA FOLLETTE: What we are requesting, Your Honor, is that the Court ask the Secretary General to return into the courtroom Exhibit No. 43, which was Document No. NG 440 so that Dr. Schilf may have the opportunity of comparing the signature with that which is on it.
MR. KING: The Prosecution now offers NG 886 as Exhibit No. 57.
THE PRESIDENT: We hear no objection. It may therefore be admitted,
MR. KING: The Prosecution would like to refer again to NG 199, which is to be found on Page 123 of Document Book B. The question of NG 199first came up last Friday when it was attempted on the part of the Prosecution to introduce it as, I believe, the first in the series of the illfated Exhibit No. 47. The defense, as the Geurt will recall objected to a part of that document, since in their views the decree, which is the first part of that document seemed to hear no official signature, and I think perhaps they questioned also whether, in fact, it had ever been published. The Prosecution this morning would like to introduce NG 199as Exhibit No. 58 with the exception that the first three pages, which concern the controversial, decree, not be offered in evidence.
I would like to begin reading from this document on page 126 in the Document Book, a letter dated Berlin, 20 October. In the English book that is the -
THE PRESIDENT: It is not coming through, apparently.
MR. KING: Have the translators found the page? It is a letter dated October 20, 1942; and it is addressed to the Reich Minister of Justice and Chief of the Reich Chancellery.
I am informed from the Prosecution table that document, that particular document; does seem to be missing from the German book. I think in view of that then that we had better dispense at the moment with the introduction of that and go on to the next document.
I note that NG 440 has come into the courtroom; and I would like at this time to turn it over to defense counsel for their perusal; subject to return as soon as possible to the Secretary General.
As Exhibit No. 58 the Prosecution would like to introduce Document No. NG 604; which is to be found in the English Book on Page 146, Book B Document Book 1.
First may I anticipate an objection on the part of the defense. We note that NG 604 , as in the case of NG 605 does not have the source indicated on the face of the document. We have checked that and find that the source of this document is "Deutsche Justiz" 1943; Pages 365-366. I would also like to point out that we do not off in evidence the first two paragraphs on Page 146, the two paragraphs preceding the heading in the middle of the page "Reports and Communications." Those two paragraphs were inadvertantly mimeographed and should be stricken. Beginning in the middle of the page under the heading; "Reich Minister Dr. THIERACK introduces two wearers of the Knight's Cross into their office as Presidents of Court of appeals. "On July 9th, in the courtroom of the District Court in Nuremberg, the solemn introduction into office of the new President of the Court of Appeals; Dr. EMMERT; by Reich Minister Dr. THIERACK took place. Deputy Gauleiter Karl Holz along with numerous leading representatives of the Party and its organizations; of the Reich- and Municipal Authorities as well as of the Wehrmacht, participated in the ceremony. In his introductory address the Minister pointed out that the German people was deeply convinced that the struggle for existence against Bolshevism and the Western plutocrats was a legal struggle in the truest sense of the word and that is why the people had also the inner strength to go through this severe test to the victorious end.
He stated that the German administration of justice and an important task in this connection; for it had to prevent conditions similar to those we know from the years 1917/18 from reappearing at any time. It was, therefore, the task of the judge and public prosecutor, he said, to see to it that justice prevails among the people, and order and discipline be maintained:
"Reich Minister Dr. THIERACK continued that the goal of the national socialist legal viewpoint was to eliminate completely from legislation and administration, of justice alien legal conceptions and to place again in the centre of judicial life the personal values of man: Man is what matters and not the cause. That is why the judicial leadership, when appointing high officials, has to examine whether the person in question is not only a legal expert but a fighter filled with the national socialist ideology, a born leaders. In the case of Dr. EMMERT, this prerequisite, in his opinion, was fulfilled in every respect, for this is proven by the former's vocational and political career which in his military test, has found supreme recognition by the bestowal of the Knight's Gross. The Minister then handed Dr. EMMERT the Fuehrer's letter of appointment and expressed his most hearty congratulations ."
Two paragraphs down, beginning -- three paragraphs down, the second, paragraph from the bottom in the English translation:
"In a brief speech President-in-chief Dr. Emmert said that the front line experience had put him under special obligations in the fulfilment of his duties, and that he would look after his staff with the commander at the front. In turn he expected fulfillment of duty and loyalty from his staff as well as the utmost willingness to serve. In that case a national socialist administration of justice withing the jurisdiction of Court of Appeals in Numbers would be gauranteed."
One additional excerpt which is to be found in the middle of Page 148 in the English text, beginning six lines above the notation in the middle of the page which reads "(page 2 of the original)":
"Dr. Emmert was a member of the National Socialist -- " Page 154 in the German text.
"Dr. Emmert was a member of the National Socialist Party once before in 1923 and took part in the march to tho Foldherrnhallo then. He is a member of the S.A. and holds the rank of an S.A.-Standartenfuehrer In the National Socialist Jurist's League he was for a long time Gaupressewart, and, simultaneously with the appointment as President of the Court of Appeals Reichminister Dr. Thierack has appointed him Gauwalter of the National Socialist Jurist League for the Frankonia Gau."
The Prosecution offers in evidence, with the deletions noted at the beginning, the top two paragraphs on Page 146 of the English, as Eshibit No. 58.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Exhibit No. 59 the Prosecution wishes to introduce in evidence the document NG 293 which is to be found beginning on Page 104 of English Document Bock 1, Section B. I note that the order in the German Document Book is not the same as in tho English. However, all of the pages are there in the German book, and I think with the proper reference as we go along we can have the translators follow us. As to the evidentiary value of the document, the reversing or changing of an order does not affect it so far as the Prosecution is concerned.