Skipping the next paragraph, "The stree collections are a most valuable sign of the affinity of all compatriots. There results are made up of many, often enthusiastically made, sacrifices. The sound sentiment of the people expects a similar protection for the collection money, as collections of winter clothing or hard-metal contributions by the law. Whoever steals collection money for a considerable time in so reprehensible a way, and who docs this as Ortsgruppen loader when he holds special responsibility, places himself outside the national community. Every right and true thinking compatriot will demand the death of such a parasite in wartime.
"Therefore the Special Court condemned the defendant to death as a parasite of the people."
Signed, as chairman, Cuhorst and two associate judges, certified, Stuttgart, 17 February 1944.
The Prosecution offers as Exhibit Number 169, Document NG-718.
THE PRESIDENT: The document will be admitted in evidence.
MR. WOOLEYHAN: Turning to page 35 in the English Book, we find Document NG-386. Document NG-386 appears to be a report on the general situation dated Hamburg, 12 April 1944, from the President of the Hanseatic Provincial Court, addressed by personal registered correspondence to the Reich Minister of Justice in Berlin.
"Since my last report of November 1943, in spite of the most valiant efforts of our soldiers reverses have boon reported from all fronts except the Italian theater of war, the fortunate development of which is greatly admired everywhere. The terror raids on the Reich territory have also increased despite the courage of our airmen.
"One would think that the spirit of the people would become increasingly hopeless. However, in general this is not the case.
"Of course, in a city as badly afflicted as Hamburg and to a certain extent also in Bremen complaints about the loss of dear ones, the loss of their homes, irreplaceable works Of culture and personal souvenirs, prevail in conversations with members of all classes. Doubts and fears about the further development of the war are also expressed but at the end of every conversation you find tho inner conviction, that we shall win this war and above all that we must Win it.
"One must regard, this unshakable faith of a greatly afflicted people as something wonderful and quite distinct from considerations of the mind. Although tho mind occasionally doubts, the heart stands fast.
"In attempting to discover in conversation how the people on the average visualize the further development of the war, you obtain a rather uniform picture. The partly voluntary, partly involuntary retreats in the East are attributed to the increase of our Forces in the West. They expect and hope for the frequently announced Anglo-American Invasion and believe that of the so-called 'retaliation' to which mystic dimension are attributed, we shall be able to inflict on the British and the Americans who have little experience in warfare a defeat which will make the risk of continuing the war appear too great to our Western adversaries. They realize that during this entanglement in the East, we are waging a war of procrastination and that only then we turn again to the Bolshevik."
Skipping a paragraph, "It is clear to all that England will have lost tho war in any case, that the United States has only a limited interest in Europe and that in the event of Germany's defeat, the only triumphant country would be Bolshevik Russia. People of all classes realize to an over growing extent that in such a case the fate of tho Germans would be either liquidation or slavery."
Skipping to Paragraph II, "The attitude of tho members of Justice is incontestable. Everybody works indefatigably and willingly. In addition to his daily work almost everybody is somehow engaged in the work of the Party, the Formations or public welfare."
Skipping to the next page, last paragraph, Page 37 in English text, "As far as prestige is concerned, the administration of law in Hamburg -- not so much in Bremen -- suffered a severe loss within the last six months owing to the fact that the Attorney General, Dr. Deschner and the State Secretary Dr. Rothenberger had to leave their positions; one shortly after the other. Both have been the leading men of Hanseatic Justice. Since the seizure of power, although D.r Rothenberger was in the meantime with the Reich Ministry of Justice, he was, as a former Senator of Justice and then the First President of the Hanseatic Provincial Court, a well-known and esteemed person in Hamburg."
Skipping to the next page, last paragraph, Page 37 in the English, "Apart from the fact decisive for the dismissal first of the one and later of the other person, two incidents of a more superficial nature have aroused a strong fooling of uneasiness in the Rothenberger case not only among the judges and prosecutors, but also among the broad masses of the public from the Gauleiter to the man in the street. These incidents were in the Drescher-case, the public arrest of the advocate-general in charge by the Gestapo, in the Rothenberger case, the very drastic manner of publishing the change in office, at least in the Hamburg press. This has led to the supposition in some discussions, that Mr. Rothenberger had been relieved of office for dishonorable reasons."
Skipping to Page 40 in the English book, Paragraph III.
Skipping to page 40 in the English book which is:
"III. The chairmen of tic Special Courts consider it impractical to report cases of subversion and malice, which seen to call for further investigation, to the Reich Ministry of Justice. This kind of procedure will cause an almost unbearable delay in cases which are sometimes very clear and simple. Apart from this, several files containing reports have been lost while being transported to the Ministry of Justice.
Skipping to the last paragraph on the next page, page 41 -- if the Prosecution may interpolate for a moment; the statute to which this Situation Report here refers, when they say "the Leeting-paragraph" refers to section I of the Decree of 1939 Against Public Enemies, which is found on page 19 of Document Book 2 which was previously admitted evidence. Section one of that statute is the reference to which this "Leeting paragraph in the report is connected.
"The wording of the Looting-paragraph is no longer adequate for present conditions. Its legal base, at that time, was constructed under quite different presuppositions. Surely it provided only for serious cases of looting. However, after terror-raids, minor cases of looting will often occur in endangered areas, which nay come formerly under the heading of looting, but must be considered as minor crimes. The *** nation docs not understand that such trifles should call for the death penalty. In suck cases tie judges, in order not to deviate too much from public opinion look for more or less artificial evasions.
Prosecution offers as Exhibit No. 170, Document NG 386.
THE PRESIDENT: The document will be received in evidence.
MR. WOOLEYHAN: The next document to which we invite the attention of the Tribunal is NG 544, which is found on page 44 of the English bock.
This document is similar to the one which has just been admitted into evidence. This document, likewise is a report on the situation, from the General Public Prosecutor at Hamm (Westphalia), dated 6 February 1945. I call the Court's attention in pass ng to the fact that this was roughly two and a half months before the end of tic European war. This Situation Report is stamped "Registered - Secret." and is sent to the Reich Minister of Justice Dr. Theirack either personally or his deputy in office in Berlin. Paragraph 1:
"Scarcely a day passes without several air raid alarms and recently the number of additional nightly raids has increased. Many hours a lay have to be spent in air raid shelters. It is no longer possible to do a day's work in the normal amount of time. Lengthy jobs, suck as reports, making cut charges, etc., can only be carried cut at evacuation centres. Most of the employees have boon bombed out and are living separated from their families. Many of them have to live away from their place of work and in view of the bad railway communications often spend hours covering short distances. As most restaurants have boon destroyed, it is a great problem to feed people living awry from their families.
Between August 1944 and the time of writing, Hamm has been subjected to 19 serious terror raids. The greater part of the town has been destroyed. Only part of the building of the Supreme Court of Appeal are still usable. As the heating installation has been destroyed by freezing after repeated damage to the building, only a few rooms which have chimneys and for which stoves could be procured, can be used. The public prosecutor's office attacked to the supreme court of appeal has moved into a part of the County Court Building. Telephone and Telegraph communications are still damaged and no date can be fixed for repair.
As indicated by the air and battle conditions, trains run to and from Hamm, although with considerable delays, at other times rail traffic is interrupted for some short or long period.
Skipping now to page 50 of this come Situation Report, we begin again with paragraph Arabic 1: With reference to the various crimes it should be stated:
1.) Cases of law against malicious political acts.
"The number of cases increased. This is essentially connected with the political and Military situation. Here it has to be taken into consideration that only seldom malicious remarks are reported. It is striking, how little can be learned about such remarks by follow citizens. So people often contend, for instance, that there is rumbling in air-raid shelters, trains and street-cars. If one tries to learn something positive from these people, one will meet resistance. They then pretend not to be able to remember the exact words or contents of the remark or do not know the culprits, especially when it is pointed cut to them it was their duty to report tho grumbler. The number of the proceeding would in itself not have been disturbing. But it seems to mo, they donot represent tho real state of affairs. It is not safe to draw conclusions from the slightly decreasing number of charges, since a greater part of the remarks, which formerly only came under the law against malicious attacks, new have to be looked upon as undermining the morale of tho Army and has to be submitted to the Chief Public Prosecutor at tho People's Court.
May the Prosecution interrupt here a moment again to interpolate that the reporter here in stating that the so acts which formerly could only be prosecuted as malicious acts now have to be looked upon "as undermining the morale of tho Army" is a rather misleading translation of the phrase used.
In the statute in Document Book 2, which is found on page 17, document Book 2, wherein the German word "Wehrkraftzersetzung" has been uniformly translated by the Prosecution as meaning "undermining of German defensive strength," which would not necessarily have anything to dr with tho Wehrmacht. Paragraph 2:
"Cases of public enemies "They increased considerably.
The picture would be much worse, if all the cases of PE charges against unknown persons were included. Thefts during air-raids, burglaries, which were carried cut during tho black-out and leeting represent the main offenses in this field. There is a shortage of supervising police forces, especially at night out also luring day-time. The criminals find splended hiding places in the numerous demolished houses and the black-rut favors their deed. Often foreigners are the criminals, especially escaping Eastern workers. Only very few of these deeds are solved. It is to be expected that these figures will still increase. In my opinion, there are not sufficient deterrent punishments. It is wrong to spread posters threatening with the maximum punishment, if tic courts only very seldom pass such stiff sentences.
"3.) Radio Cases "Compared with the respective period of time last year the entries and charges increased considerably.
However, they do not give a clear picture about the actual amount of people listening to enemy stations because illegal listening is only seldom discovered. If the figures were correct figures, they would not be considered serious.
These radio cases to which the report has just referred will be found in Document Book 2, at page 18, wherein tho Statute published in Reichsgesetzblatt part 1, page 1683 provides the death penalty for spreading foreign radio news, and makes the Special Courts competent to try such cases.
That is on page 18 of the Document Book 2.
Skipping to page 52, the first complete paragraph:
"In general only the public enemy cases give rise to grave anxiety. In my opinion unfortunately, the court has stopped imposing the original severe sentences and that can only lead to giving tho people the mistaken idea, that in the sixth year of war tho court is afraid to pass severe sentences. If the latter were right, that would mean that the court is yielding to circumstances. In my opinion the consequences in tho long run could not be different from those in 1918. In my opinion, in the sixth year cf the war more than ever, more severe sentences than before should be passed. Anyone who refuses to realize that we only can assist the front by maintaining complete order at heme, must be eradicated.
"Thefts, especially deeds of public enemies, are ** extraordinarily numerous. As mentioned before, the police is powerless against these conditions. It has not tho necessary forces to supervise the streets and to clear up crimes. The increase in tho worst typo of crimes cf this kind is exceedingly ser ious. The criminal will have to be shown by very stiff sentences, that tho state has tho power to make him inoffensive.
Skipping now to page 58 of t is same Situation Report, we find that it was prepared and signed by tho defendant Joel. Tho translation roads illegible but it is clear in tho original--at least, the Prosecution so submits that tho signature is that of Joel.
Prosecution offers as Exhibit No. 171, tho Document NG 544.
THE PRESIDENT: The Document will be received in evidence.
MR. WOOLEYHAN: At the risk of seeming slightly repetitious but hoping that its relevancy will be apparent we have one more situation report to offer of the same general character as has been offered before but in considerable more detail and stemming from the Reich Minister of Justice himself, Dr. Otto Thierack. This is found on page 59 of the Document Book as NG-252. This document begins with a covering letter from the Ministry of Justice, dated, Berlin, 2 August 1944, stamped "secret" and addressed to the Reich Main Section Leader Dr. Kramer, Reich Propaganda Headquarters, at Berlin.
"Esteemed Party Member Kramer:
"In compliance with your desire I am sending you enclosed an article by Reich Minister Dr. Thierack for the Information Service "Die Lage" (The Situation) subject "The Administration of Criminal Law in the 5th year of the War."
Heil Hitler.
yours Dr. Kuemmerlein."
MR. WOOLEYHAN: Attached to this covering letter we find the enclosure to which Dr. Kuemmerlein refers. The situation report entitled: "Administration of Criminal Law in the 5th Year of the War, prepared by Reich Minister Thierack. There is a handwritten notation on the top of this treatise by Dr. Thierack which says "agreed."
"In the 5th year of the war , with the enemy rallied on all fronts to wage the decisive attack on the Reich, while the best of our people put their lives at stake at the front and the homeland backs them up with all their force, it is the task of the administration of Criminal Law to care with particular vigilance for a blameless attitude of the inner front and for the firmness of the will to form a community and to hold through. Whoever trespasses against this internal order deserves in principle a severer punishment than in peacetime, even though in appearance his action may seem, to be equivalent merely to a criminal action committed in normal times. For the essentially new thing is that the situation created for our people by the war calls for a different judgement of penal actions.
Whoever will utilize the consequences of enemy air-raids, the blackout or other unusual conditions of war in order to enrich himself does not first of all violate foreign property but he commits a perfidy against the community of the people who are no longer in a position to protect their property. Whoever procures for himself additional goods illegally to permit his living better than others, not only does harm to the community but he is undermining the morals of the people and their readiness to cooperate which are guaranteed only if the burden of the war is carried equally by all. And whoever engages in demoralizing talks towards the wives of soldiers is undermining the will for victory of the homeland and thus lends a helpful hand to the enemy. Therefore, the life of the people in all its members and their need of protection form the basis far the evaluation of every criminal action and are the only valid standards for the just punishment. In the same measure and with the same severity with which he does harm to the community the criminal will receive from it an appropriate answer through the criminal judge. It will be severe for real perfidy; it may be mild if an occasional misstep did not affect the common interest more deeply.
"Criminal justice in the 5th year of the war may be directed still from another point of view. Every war entails necessarily a selection in counterpart. Where the most valuable blood sacrifices itself on the battlefield, a degenerated criminal of interior value socially and mostly also biologically -- even though the breach of law which is to be judged may not seem to demand the severest punishment - cannot expect that the community will suffer him any longer in their midst. His exclusion is a command for the preservation and because of the value of the people. The administration of criminal law fulfills, therefore, the hygienic function of a permanent purification of the national body lost in the end the bad elements should smother the good ones.
"The following figures will give a picture of the development of the criminality of adults during the war:
"The number of adults convicted in the German Reich (old Reich territory up to 1941) on account of crimes and trespasses against the Reich laws amounts to.."
MR. WOOLEYHAN: Following is an enumeration and in the margin of it "average results", grading on down through 1938, 1939 and 1940, then increasing again in 1941 to 280,439. In 1942 increasing again to 288,688.
"Final results for 1943 and 1944 are not yet available.
"As regards the above figures it should be borne in mind that the figures for the years up to 1941 comprise all persons convicted in the old Reich territory, without consideration of race and nationality. Since 1 January 1942 the nationals of the Protectorate, racial Jews and Polish nationals and Jews who wore convicted under the Criminal Law Ordinance for Polish Nationals, dated 4 December 1941--" at this moment for clarity may I interpolate to the Court that the Statute there referred to of 4 December 1941 is found on page 48 of Document Book 2 and the full title of that statute is: "Decree of 4 December 1941, Reichsgesetzblatt, Part 1, Page 759; concerning the Organization of Criminal Jurisdiction against Poles and Jews in the Incorporated Eastern Territories." If I may re-read that sentence? "Since 1 January 1942 the nationals of the Protectorate, racial Jews and Polish nationals and Jews who were convicted under the Criminal Law Ordinance for Polish Nationals, dated 4 December 1941 are covered separately for purposes of criminal statistics. In that respect number of persons comprised for 1942--" that refers to the above table which I just read-- "is smaller than in the preceding years. On the other hand, the territory covered in 1942 is larger than in previous years since from that time on, the convictions of racial Germans from the Sudetenland, the Protectorate and the incorporated Eastern territories were combined with the figures of the old Reich territory into a Reich sum total. This enlargement of the territory comprised may offset the decrease in the circle of persons who are listed so that a comparison of the above mentioned figures may be justified."
MR. WOOLEYHAN: Skipping a paragraph.
"The figures of comparison give a very favorable picture of the development of the criminality of adults during the war. It is true, the figures for the years 1939 to 1942 show that the curve of criminality is again gradually increasing after the decrease at the outbreak of war. However, there is no need to be worried aver this increase. It is not caused by a real increase of criminality for a great number of criminal actions remained unpunished during 1940 and 1941 by virtue of the Fuehrer's Amnesty Decree of 9 Sept.
1939, so that the figures for 1939 and 1940 - just as for 1938 - are lower than the actual movement in criminality.
"The seeming increase of criminality of adults since 1941 results merely from the fact that at that time the Amnesty Decree of 1939 for civilians was no longer effective."
MR. WOOLEYHAN: Skipping now to page 65 in the English book begin at Paragraph IV:
In accordance with the order given by the Fuehrer to the judicial authorities to apply the most severe measures against traitors, saboteurs, people's parasites, terror criminals and anti-social professional criminals, during the war, the number of death sentences has continually increased since the outbreak of the war. The total figures for that period are as follows:"
MR. WOOLEYHAN: I won't read the entire list but I will just compare that the figure is for 1939, which tabulates 99 death sentences. The last figure is 1943, which tabulates 5536 death sentences "For 1943 the following survey shows the distribution of death sentences as applied to the individual criminal acts."
MR. WOOLEYHAN:
Thereafter follows a table of some length which the prosecution does not propose to read in its entirety. It merely wished to call the Court's attention to a brief comparison of the first item, "High treason and treason" for which 1745 death sentences for the year 1943 are tabulated. The sixth item on that list entitled, "Dangerous professional criminals, thieves, swindlers, taking advantage of black-out and war conditions" for which during the same period 938 death sentences are tabulated and the last item on that list which is entitled, "Death sentences of the annexed Eastern territory" for which 894 death sentences are tabulated. We invite comparison of the three items of that tabulation which was read with all of the rest of the list.
Skipping now to page 68 of the English, commencing two paragraphs before Roman paragraph VI:
"If one regards the offenders who commit war crimes of such an epidemic character, it is striking that it is not the active criminal elements such as professional and habitual criminals who represent the main contingent, but far more the labile, unsteady characters. But they arc as much dangerous because they are representing a larger part cf the population than the proper aliens to the community who become criminal out of an inner want and criminal tendency.
"The deterring effect cf severe punishment in their case is therefore greater than with active criminal elements. Hard, quick and striking measures against such an epidemic immediately when it breaks cut is therefore salutary and the most just in its result.
"Paragraph VI: According to its predominant task of protecting against sedition and purging from deterioration the stability of the home front and the war potential of the people, criminal jurisdiction must turn in the first place to the fighting of the severe criminality and such criminal acts which involve the danger of an epidemic spread. That task must be accomplished by the Justice with a staff of judges and prosecutors which has been considerably reduced by the very induction of the most active jurists and by the unusually large transfer of particularly energetic officials to the administration of the occupied territories. It turned out to be inevitable therefore to balance the considerable engrossment on this side to a certain extent by renouncing to try cases of less severe criminality. Besides a need for saving working-power, the necessity for doing so also ensued upon the offenders' side. They are today employed primarily in most important assignments for armament tacks or in agriculture, and as much as the execution cf penalty has been directed towards war-essential work, every extraction of an offender out of his job in a plant means an undesirable interruption in his assignment."
That is all cf Thierack's report that we care to read. The prosecution offers now as Exhibit No. 172, Document NG-252.
THE PRESIDENT: It will be admitted in evidence.
MR. WOOLEYHAN: The prosecution turns now for a moment to Book 2, previously admitted in evidence, in order to refer at this juncture to the following statute: Decree of 25 November 1939, Reichsgesetzblatt, Part 1, page 2319, supplementing penal -
THE PRESIDENT: What page of that book are you referring to?
MR. WOOLEYHAN: Page 22, your Honor.
"Supplementing penal provisions for the protection of the Armed Forces of the German people.
"Section 1. Damage to War Material. Whoever intentionally destroys, renders unserviceable, damages, abandons or removes military equipment or installations intended for the defense of German territory, and thereby endangers intentionally or through negligence, the fighting power of German Armed Forces, shall be punished by imprisonment for not less than six months. In especially serious cases the death penalty or hard labor for life, or hard labor for a period shall be imposed.
"A like punishment shall be inflicted upon a person who intentionally manufactures or delivers in a defective manner defense equipment or military installations or intentionally fixes a defective production or delivery thereof, and thereby intentionally or through negligence endangers the fighting power of the German armed forces. The attempt is also punishable.
"(This paragraph was added by amendment of 4 September 1941, Reichsgesetzblatt Part I, page 349, Section 3, and incorporated into the Reich Penal Code as Section 143a.
"Section 2. Disturbance of Essential Enterprise. Whoever disturbs or imperils the ordinary function of an enterprise essential to the defense of the Reich or to the supply of the population in that he made a thing serving the enterprise completely or partially unusable or put it out of commission, shall be punished by hard labor or in especially serious cases by death."
May the court please, would it be too inconvenient for the Tribunal to rise at this time? We find ourselves Unable to continue until we again convene after the noon recess.
THE PRESIDENT: You are ready at this moment to take up some other document?
MR. WOOLEYHAN: Yes sir, it is of considerable length and I would not like to read it in two parts.
THE PRESIDENT: We will recess at this time for the noon recess until 1:30 this afternoon.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 27 March 1947)
THE MARSHAL: The Tribunal is again in session.
DR. BEHLING (Counsel for defendants Schlegelberger and von Ammon):
In Exhibit 172, NG 252, which was presented today, a mistake occurs, either a typographical error or an error in translation, which in certain conditions might upset the meaning of the sentence. On page 171 of the German text, line 10 from the bottom, it says, "Since 1 January 1942 the nationals of the Protectorate, racial Jews and Polish Nationals and Jews who were convicted under the Criminal Law Ordinance for Polish Nationals, dated 4 december 1941--" I am now coming to the significant word "are separated in a criminalistic respect." The words "in a criminalistic respect" give cause for objection, insofar as it evidently should say "criminal statistics", "with reference to criminal statistics".
These two concepts differ from each there considerably, and the meaning would be changed completely. Therefore, I would ask that the original or the exhibit should be examined in respect to this mistake and, if possible-that is to say, if my view is correct-- a corresponding correction should be made.
MR. WOOLEYHAN: If the Court please, I am sure that some satisfactory arrangement can he made. However, the Prosecution would like to re-examine the original before saying anything further.
THE PRESIDENT: The Tribunal has been under the impression that either some procedure had been provided in matters of disputed translations or that such procedure would be established.
THE INTERPRETER: I am sorry, Your Honor, we did not get your sentence. 1156
THE PRESIDENT: Apparently what I said has not gone through. The Tribunal had the understanding that either s some procedure had been worked out relating to disputed translations or that such procedure would be worked out and that we would not stop during the introduction of documents to settle these matters as me go along, but that they would be adjusted at same later time. Is that agreeable to Counsel?
MR. WOOLEYHAN: Your Honor, that is completely agreeable, and some arrangement such as has been suggested has been worked out to take care of these translation matters outside of Court. However, as the Prosecution understood the objection of Defense Counsel, it was not a matter of translation but the problem was this: There is a word in the defendant's copy of the German document that is different from the way it was read, from the original. In other words, the German word is different in the exhibit from the copy of the exhibit in the German book.
THE PRESIDENT: Do you mean by that the original German document has not been properly copied?
MR. WOOLEYHAN: That is the problem, Your Honor.
THE PRESIDENT: That could easily be corrected, it seems.
MR. WOOLEYHAN: Easily.
DR. BEHLING: Perhaps I may have another look at the original. Perhaps you will allow me to see the original again.
THE PRESIDENT: Certainly. It would seen that with the assurance of the Prosecution that those matters will be corrected, mo really should go on with our testimony and that the matter can be adjusted later. Would that be agreeable? Apparently so. We shall proceed.
HR. WOOLEYHAN: We turn now to Document NG 423, in the same book--3-E--from which we were rending this morning.
NG423, page 71, English Document Book 5-E.
To give this present document further point, we would like to refer again to the statute read just prior to the noon recess. The break was unfortunate, but by reference we can refresh the recollection of what that statute was. The statute was in Book 2, on page 22, and inflicted varying penalties up to death for various damages to war material and essential war enterprises. That was read in full before the noon recess. Page 22, Document Book 2. Far the benefit of Defense Counsel, that statute was found in the 1939 Reichsgesetzblatt, Part 1, Page 2319.
Turning now to Document NG423, this document appears to be a letter, bearing the letterhead of the Attorney General at Dresden, dated 22 March 1944 and stamped "Secret". It is addressed to the Minister of Justice in Berlin. Handwritten at the top of the page, appear the words, "The minister asks to submit him to the proceedings which have led to the establishment of paragraph 2 of the later proof".The subject of this letter is stated to be penal proceedings on account of offenses against Paragraph 143a of the penal code and Paragraph 2 of the regulations supplementing the criminal ordinances for the protection against undermining the defensive strength of the German people.
That is the familiar statute, we nay remind the Court, to which we have referred a number of times, found on Page 17 of Document Book 2.
On the first page of this letter, just under the addressee, Minister of Justice, Berlin, are found the initials of the defendant Klein.
The letter begins:
"By the circulars of the Minister of Justice of May 3, 1940, 30 October 1940 and January 23, 1941, it has been decided that in all penal proceedings dealing with offenses against paragraphs 1 (now 143a f the penal code), 2 of the Military Power Protection ordinances (Wehrkraftschutzverordnung), the records have to be submitted, after the end of the inquiries, to the defence section of the Supreme Command of the Armed Forces (OKW) f r its consideration and approval. This has to be effected without the intervention of the Minister of Justice."
May it please the Court, before I go further, to clear up any possible confusion , when I mention that the first page of this letter bears the initials of the defendant Klem, that fact does not appear on the mimeographed copies, but it does so appear on the original document which will be offered in evidence.
When I mentioned that this first page of this letter bore the initials of the defendant Klemm, that fact does not appear on your mimeographed copies, but it does so appear on the original document.
"However, my attention has been called to the fact that the advice given by the Supreme Command of the Armed Forces has repeatedly refused to apply par. 143a of the penal code and par. 2 of the ordinances for the protection of German defensive strength although for fundamental reasons I should have considered it desirable to sentence the culprit to penal servitude.
"In view of the transfer of numerous armament-plants from regions exposed to air-raids in my district as well as the increased employment of foreigners and members of the Protectorate, I attribute a considerable significance to the apparently less serious cases of sabotage actions. Even if the Supreme Command" -- I interpolate there "of the Armed Forces" -- had denied the use of the par. 143a of the penal code or of par. 2 of the ordinances for protection of German defensive strength the conviction of the saboteur to a proper penalty has been obtained in particular cases by calling upon par. 304 of the penal code in connection with par. 4 of the 'Decree against Public Enemies,' it seems appropriate that in the report of the OKW the following circumstances be mentioned: Considering the high number of such cases, a higher penalty should be placed upon the individual case."
Skipping to the end of this letter, it is signed by one "Jung," who we presuppose from the letterhead was the Attorney General of Dresden at that time.
Passing to another part of this same document, we find it to have originated in the same office as the first part, namely, the Office of the Attorney General in Dresden, dated, however, three months later, the first of June 1944. This letter is likewise stamped "Secret," and sent likewise to the Minister of Justice in Berlin. Its subject is: "Penal Proceedings for Offenses against par. 143a of the Penal Code and par. 2 of the Regulations Supplementing the Penal Ordinances for the Protection against Undermining German Defensive Strength." It is addressed to: Department IV.