MR. WOLLEYHAN: The next document to be offered by the prosecution is found on page 48 of the English Book 1-B, Document NG 629.
THE PRESIDENT: That will be Exhibit No. 28.
MR. WOOLEYHAN: Yes, your Honor. That is a report on the meeting of the Presidential Board on 1 February 1939. Present , Senator Dr. Rothenberger and some seven or eight other Judges and Prosecutor Officials whose names I will not read:
Senator Dr. Rothenberger and the Chief Public Prosecutor gave an account of the discussions held on the occasion of the meeting of the Chief Presidents and Chief Public Prosecutors at the office of the Reich Minister of Justice.
To begin with, Senator Dr. Rothenberger asked what the general feeling among the judges had been before his speech of 28 January 1939 concerning the publication in the "Schwarze Korps", and whether the speech had had a pacifying, effect. With the exception of Wandsbek, where the articles of the "Schwarze Korps" had obviously not been followed, the general opinion - expressed particularly by the President of the Hamburg District Court and by Director Hansen, Altona - was that the judges had actually been considerably worried by the attacks in the "Schwarze Korps". Senator Dr. Rothenberger's statements had reassured them to a certain extent, as there was new some hope of improvement, Doubts were admittedly being voiced as to whether the Reich Minister of Justice would succeed in carrying his point with the SS against the "Schwarze Korps". These doubts wore based mainly-on the formerly passive attitude of the Ministry.
The Chief Public Prosecutor then reported on legal developments in connection with the events of 9 to 11 November. The former regulation according to which the State Police decided in the end whether proceedings were to be instituted or not, was rescinded in favor of a decision by the Reich ministry of Justice. The Reich Minister of Justice and Senior Public Prosecutor Joel pointed out that it was impossible, of course, to handle this matter in the usual judicial manner; if the top men disregarded legal principles, it was impossible to prosecute people concerned with the execution.
For instance, the view point of violation of the public peace should be dropped. This is legally justified inter alia by the fact that the culprits were not conscious of any violation, since they were acting under orders. As far as the criminal offenses committed on that occasion are concerned, trifles should be dropped. Otherwise, however, proceedings can only be quashed by the Fuehrer whereas serious criminal offenses such as rape and race defilement must be prosecuted. The order to prosecute is issued in any case by the Minister after the culprits, if they are members of the Party or of any organization, have been excluded by a special department of the Supreme Party Tribunal in Berlin.
Goering had strongly disapproved of events. He called it the heaviest blow ever dealt at the Party.
Statements made about these events are not to be prosecuted under the law concerning malicious statements if they were made in justified indignation.
MR. WOOLEYHAN: I now skip to the top of page 50 in the English book, beginning at Paragraph 2-A:
"The Chief Public Prosecutor then spoke again on the treatment of women in cases of race defilement. The Fuehrer refuses an extension of culpability according to the blood protection law.
"Concerning complicity, he pointed out the contradictory opinions of Police and Justice. The Public Prosecutors are to work according to the following directives:
"If a woman merely denies the intercourse she will not be prosecuted. On the other hand, if the woman was an active accomplice--if she concealed the race defiler, for instance--she will be prosecuted. If, at the same time, there are other offenses, such as perjury, complicity is to be omitted from the indictment. In such cases, however, a report is to be made to the Reich minister of Justice.
"Senator Dr. Rothenberger pointed out once more that it is the Fuehrer's desire that the woman should not be punished. If, by mistake however, any person should be indicted, or if, according to the results of the main proceedings, punishment because of complicity may be expected, the proceedings one to he quashed in all circumstances. He urged that the judges be instructed accordingly."
I now skip to page 32 of the English book, paragraph V:
"The Chief Public Prosecutor then reported briefly that civil servants with Jewish blood are on principle excluded, from employment and that it is necessary to make a report on exceptions."
I skip two lines, to paragraph VI:
"Senator Dr. Rothenberger then stated the Ministry's opinion on various special questions concerning the legal treatment of Jews.
"1) In eases where a Jew asks a bailiff to execute a sentence against an Aryan, the bailiff is not authorized to refuse to do so.
"2) Aryan tenants of a Jewish landlord, are obliged to pay rent.
"3) Jews enjoy protection against eviction and tenant's protection to the same extent as Aryans.
"4) The order suspending execution also applies to Jews in accordance with the lawn in effect. There may be exceptions in individual cases, when it is purely a matter of opinion, for example when a radio is seized.
"6) The fact that a debtor is a Jew should, as a rule, be a reason for arresting him. However, it depends upon the individual case.
"7) Security for the costs of litigation must not be demanded from a Jew to a larger extent than from anybody else.
"8) Naturally, a Jew may be heard as a witness, but extreme caution is to be exercised in weighing his testimony. Senator Dr. Rothenberger requested that no verdict should be passed in Hamburg, when a condemnation would exclusively be based on the testimony of a Jew.
"Senator Dr. Rothenberger then requested the presiding and supervising judges to accordingly and urgently call the attention of the judges doncer nod to the questions dealt with."
As Exhibit No. 28, the Prosecution offers document NG-629 in evidence.
THE PPRESIDENT: It will be received in evidence.
MR. WOOKEYHAN: The next exhibit which the Prosecution will offer in evidence as Exhibit No. 29 will be document NG-223, on page 31 of the English document book:
"1942, Periodical of Academy for German Law (9th year), Berlin, 1 September 1982, Number 17, page 44.
"Announcement by Dr. Thicrack, Reich Minister of Justice, President of the Academy for German Law, dated 1 September 1942:
"The instruction given to me by the Fuehrer to build a strong administration of justice requires popular German legislation. It is an honorable and important undertaking for the Academy for German Law to cooperate in such legislation and to bring together all persons suited for this task.
"The formulation of law is not a matter of science and a goal in itself, but rather a matter of politica.l leadership and organization. Therefore, the activities of the academy relating to the formulation of law must be coordinated with the aims of the political leadership. Leadership of the German administration of justice, the NS Association of Jurists, and the Academy for German Law has been concentrated in my hands. As a result of this arrangement, the work of the Academy will be more satisfactorily and directly utilized for the establishment of a new German popular order than was heretofore possible.
This will eliminate waste of energy and will make the legal-political work of the Academy more purposeful.
The Prosecution omits the rest of that document, and offers document NG-223 in evidence as Exhibit No. 29.
THE PRESIDENT: It may be received in evidence.
MR. WOOKEYHAN: The next document to be offered in evidence as Exhibit No. 30 is on page 33 of the English book, document 1391-PS:
"1934 Reichsgesetzblatt, page 605, 606, and 607, of 12 July 1934. Statute of the Academy for German Law.
"Paragraph 1. It is the task of the Academy for German Law to further the rcjuvenation of the law in Germany. Closely connected with the agencies competent for legislation, it shall further the realization of the National Socialist Program in the realm of law."
I will omit reading the rest of that document, and offer 1391-IS in evidence as Prosecution Exhibit No. 30.
THE PRESIDENT: It will be received in evidence; the document will be received in evidence.
MR. WOOLEYHAN: Thank you, Your Honor.
the next exhibit to be offered in evidence will be document 0-266, found at page 36 of the English book:
"Berlin, June 13th, 1936," under the abbreviated letterhead of the Ministry of Justice. It is to the President of the Berlin Court of Appeal, the President of the Supreme Court, and the Chief Public Prosecutors at Brunswick, Breslau, Darmstadt, Dresden, Hamburg, Hamm, Jena, Karlsruhe, Kassel, Koenigsberg, Munich, and Stuttgart, dispatched June 15, 1936:
"At the end of September or in the beginning of October of this year a conference is to be hold of the chief public prosecutors at the supreme courts which arc entrusted with high treason affairs, the presidents of those special courts entrusted with high treason affairs, and with experts of the G. St. A. entrusted with the treatment of high treason affairs. The purpose of this conference is the discussion of questions which are of general fundamental importance for the treatment of high treason affairs, or those which exceed the simple case."
Paragraph 2: "For the information of the President of the People's Court and the Public Prosecutor at the People's Court:
"For information and with the request to communicate questions, discussion of which seems desirable during the conference. The respective members of the People's Court and the Public Prosecutor of the People's Court will also be invited to take part in the conference."
I now skip to the bottom of page 37, to the underlined-- "Subject: October Discussion of High Treason:
"In compliance with orders, I called on Sturmhauptfuehrer Mueller in the Secret State Police, Gestapo, and informed him about the planned meeting. I told him that it was desirable for the Gestapo to give introductory lectures on the organization and activity of the KPD, the SPD--the time from when on these activities should be considered as high treason--and other organizations hostile to the State such as the Strasserfront, Jehovah's Witnesses, and others. The Gestapo greatly welcomed the proposal and declared their readiness to give such lectures; the time to be taken for this will not be less than three hours. Apart from that, I pointed out that, probably, a number of other questions would be put to the Gestapo, and that it was already certain that the legal authorities would have to be informed about the so-called 'more severe interrogations' and that, furthermore, the interrogation of confidential agents as witnesses ought to be cleared up. Herr Mueller admitted this necessity and said that, of course, he was obliged to report to his superiors as to the "more severe interrogations'.
"It was agreed that it would be desirable to allow several Gestapo officials who were conversant with cases of high treason to participate as far as possible in order to stimulate both sides."
That is all of that document we care to read. The Prosecution offers in evidence, as Exhibit No. 31, Document NG-266.
THE PRESIDENT: The document will be received in evidence.
MR. WOOLEYHAN: The next document to be offered as Prosecution Exhibit No. 32 will be NG-323, found on page 41 of the English book:
"The Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior. Berlin, 18 February 1937.
"To: The Gestapo Office in Berlin, for forwarding to all Superior State Police Offices and other State Police Offices.
"For the information of Regional Governments, and in Prussia, to the Cabinet President.
"Concerning: The forwarding of Gestapo affairs to the Office of the Public Prosecutor.
"It is the Gestapo's task, to investigate and to combat all seditious movements, and to collect and evaluate evidence of such investigation. These tasks can only be accomplished by the State Police Offices, if all political police-affairs dealt with by the Local and District Police Authorities within their district are submitted to them promptly. As auxiliary organs of the Gestapo, it is the duty of the Local and District Police Authorities to do so.
"Thus, all matters in the affairs of the Gestapo are on principle to be submitted to the Office of the Public Prosecutor via the competent State Police Office. In urgent matters of arrest, records may be submitted directly to the Office of the Public Prosecutor after notifying the State Police Office previously by telephone. In such a case, a copy of the interrogation record is to be forwarded at once to the State Police Office.
"The Reich Minister of Justice will instruct the Office of the Public Prosecutor to direct the requests for investigations of reports of political nature, received directly by him, to local and district police authorities via the competent State Police Office.
"It is the responsibility of the State Police Offices to speedily evaluate the proceedings channeled through their offices and to forward them without delay.
by order:
(signed) Dr. Best (Round rubber stamp): The Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior."
Continuing of the same document:
"The Reich Minister of Justice, Berlin, 10 March 1937, to the Chief Prosecutor at the Supreme Court and to the Chief Public Prosecutors at the Courts of Appeal. Concerns: Collaboration between the Office of the Public Prosecutor and the Gestapo.
"For your information I forward the enclosed copy of a circular decree of the Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior of 18 February 1937."
That, if the Court please, refers to the document we have just read.
"In order to have this decree fulfil its purpose and in the interest of the closest possible collaboration between the Office of the Public Prosecutor and the authorities of the Gestapo I hereby issue this supplementary decree that in future public prosecutors routinely address all requests for investigations to be conducted on the basis of reports of political nature received by them directly, to the Local and District Police authorities via the competent State Police Offices. When in cases based on such reports the necessary interrogations of the accused or the witnesses are procured by the court itself or by the expert of the prosecution, and the police authorities are not at all involved in the proceedings, I request that State Police Offices be informed of the proceedings as soon as possible. If, because of the urgency of a matter, the transfer of files is deemed inadvisable, the State Police Office is to be informed when the proceedings are instituted and if the occasion warrants, a copy of the indictment is to be submitted.
"The enclosed circular decree was issued with my approval; but I also made it known that I expect this interpolation of the competent State Police Offices not to cause any great delay in the forwarding of the proceedings to the Office of the Public Prosecutor, and that the State Police Offices are merely transit agencies during this part of the proceedings. They will be exclusively concerned with information on the proceedings and not with the decision about the necessity of further inquiries or perhaps even the question as to whether proceedings are to be turned over to the Office of the Public Prosecutor at all.
"With these aspects in mind, I request that the effects of this circular decree for the Police be carefully noted, and that I be informed in the event of any untoward reactions.
"By order, Crohne, March 10. The following annotations on the document are all handwritten: (initials) Klemm March 9; (initials) Klemm March 26."
We will omit the rest of the document, reading it, and offer into evidence as Prosecution Exhibit No. 32 Document NG 323.
THE PRESIDENT: It will be received in evidence.
MR. WOOLEYHAN: The next exhibit to be offered into evidence by the Prosecution is Document NG 310 found on Page 46 of the English book:
"For the time of circulation: secret!
to IIIa: After circulation in sealed envelope to the Gestapo general files.
"1) Criminal procedures concerning more severe interrogations by the Stapo will be dealt with centrally by Chief Prosecutor KLEMM.
"2) As far as reports concerning executions when escaping from concentration camps etc., suicides in K.Z. arrive, they shall continue to be dealt with by the specialist competent for the respective subject.
Berlin, 18 October 1937 (signature) De CRONNE "(initial) October 17, Ku." We omit the rest of the document in reading and offer into evidence as Prosecution Exh.
No. 33 Document NG 310.
THE PRESIDENT: What is the meaning of those letters "K.Z."?
MR. WOOLEYHAN: Are you referring to Page 46, Your Honor?
THE PRESIDENT: Yes; second paragraph, the second line.
MR. WOOLEYHAN: That is the German abbreviation, we believe, for "Konzentrations-lager" which means "concentration camp." I read it as "concentration camp" interpolating as I went. If your Honor would rather I would not continue that in some cases, I will stop it.
THE PRESIDENT: No, I think that was proper. It is certainly informative, but I would like you to read it both ways.
MR. WOOLEYHAN: Yes, sir. We now offer Prosecution Exhibit No. 33.
THE PRESIDENT: It will be received in evidence.
MR. WOOLEYHAN: The next exhibit offered by the Prosecution as Exhibit No. 34 is Document NG 293 on page 104 of the English book.
Letterhead, "National Socialist German Labor Pargy, Berlin, February 26, 1935. The deputy of the Fuehrer. To the Reich and Prussian Minister of Justice." Stamped as received by the Reich Ministry of Justice, Prussian Ministry of Justice, 27 February 1935.
"By your circular of February 8th all judicial authorities were notified to get into touch with the Racial-political Office of the NSDAP Is the German coming through?
Have the interpreters found the document does not appear in the German book -- Page 114 in the German book, NG 293.
The Prosecution will withdraw that document for the moment, since it is apparently fragmentary in the German Document Book. One page is missing.
The next document which the Prosecution will offer in evidence as Exhibit 34 -
MR. LA FOLLETTE: That will be 34 in place of the one -
MR. WOOLEYHAN: We withdraw document 293 for the moment and substitute therefore Document NG 422 as Exhibit No. 34. NG 422 is found on page 113 of the English book.
"The Reichsminister of Justice, Berlin, 8th February 1935 To the directors of the Information Departments of Justice in Prussia, the president of the supreme court of judicature, the presidents of the Superior Provincial Courts of Breslau, Koenigsberg, Kassel, Hamm, the attorney-general at the supreme court of judicature, the attorney-general at the Superior Provincial Courts of Breslau, Koenigsberg, Kassel, Hamm, the deputies of the Reichsminister of Justice Munich Stuttgart Dresden Hamburg the presidents of the Superior Provincial Courts and attorney-general in Braunschweig, Celle, Darmstadt, Naumburg, informing the Minister of the Reichswehr, the Reichsminister for rationalism of the people and for propaganda, the president of the People's Court, the Chief Director of Public Prosecutions, Berlin branch," and other incidental remarks which we will omit on that page.
Beginning at the top of page 114:
"I direct that:
"1) Judgments in matters of high treason are to be published only in the more important cases. Since the Supreme Court of Judicature and the Superior Provincial Courts are only entrusted criminal matters of minor importance, the judgments of the Supreme Court of Judicature and of the Superior Provincial Courts in matters of high treason on principle are not to be discussed in the press. If, in an individual case and for particular reasons, a publication seems appropriate, the information department of the Reichsministry of Justice is to be advised at once.
"2) The press releases on judgments of the People's Tribunal People's Court, in matters of high treason are issued by the information department of the Reichsministry of Justice. In case these judgments call for death-penalty, the publication as a rule will be done only after the execution."
We omit reading the rest of the document and offer NG 422 in evidence as Prosecution Exhibit No. 34.
THE PRESIDENT: It will be received in evidence.
MR. WOOLEYHAN: The next document sought to be offered in evidence by the Prosecution is Document Number 1964-PS. It is found on Page 25 of the English Document Book.
THE PRESIDENT: There seems to be an omission.
MR. WOLLEYHAN: I think due to that omission in the German book, we have given you the wrong exhibit page.
"Decree of the Fuehrer regarding special jurisdiction of Reich Minister of Justice 20 August 1942."
THE PRESIDENT: I do not have the designation. Is it Exhibit Number 35?
MR. WOLLEYHAN: I beg the Court's pardon. This will be offered as Prosecution Exhibit Number 35, Document 1964-PS.
THE PRESIDENT: The page?
MR. WOLLEYHAN: In the English Document Book, Page 25.
"Decree of the Fuehrer regarding special jurisdiction of Reich Minister of Justice, 20 August 1942.
"1942 Reichsgesetzblatt, Page 535.
"A strong Administration of Justice is necessary for the fulfillment of the tasks of the great German Reich. Therefore, I commission and empower the Reich Minister of Justice to establish a National Socialist Administration of Justice and to take all necessary measures in accordance with my directives and instructions made in--"
Is this document in the German Book? I will begin the paragraph again.
"A strong Adiministration of Justice is necessary for the fulfillment, of the tasks of the great German Reich. Therefore, I commission and empower the Reich Minister of Justice to establish a National Socialist Administration of Justice and to take all necessary measures in accordance with my directives and instructions made in agreement--"
Is not the German complete?
INTERPRETER ROSENTHAL: No.
MR. WOOLEYHAN: In view of the fact the German Document does not seem complete, we will withdraw that document and introduce it at a later time.
Are the interpreters able to continue with this document or not?
INTERPRETER ROSENTHAL We cannot tell you if we have what you are reading, unless you continue.
MR. WOOLEYHAN: We have a German Document Book here that is complete.
INTERPRETER ROSENTHAL: We have that.
MR. WOOLEYHAN: We will try this paragraph once again.
"A strong Administration of Justice is necessary for the fulfillment of the tasks of the great German Reich. Therefore, I commission and empower the Reich Minister of Justice to establish a National Socialist Administration of Justice and to take all necessary measures in accordance with my directives and instructions made in agreement with the Reich Minister--"
We will withdraw this document from evidence and introduce it at a later date.
If the Court please, Mr. La Follette will continue the presentation.
MR. LaFOLLETTE: The next exhibit number should be 35. It will be Document Number NG-541 and will be found on Page 26 of the English Document Book.
"National Socialist German Labor Party "Party Chancellery "The Chief of the Party Chancellery "Fuehrer Headquarters, 27/8/42 "Circular No. 131/42 "Subject; New Organization of Justice.
"In consideration of the special importance which is due to the tasks of the administration of justice in war time, the Fuehrer has decided to fill the post vacant since the death of Reich Minister Dr. Guertner. The Fuehrer has therefore appointed the President of the People's Court Staatsminister Dr. Thierack, retired, who was Minister of Justice in Saxony after the taking over of power until the nationalisation of the administration of justice, Reich Minister of Justice.
"Reichsminister Dr. Frank has asked the Fuehrer to release him from his Party offices in order to enable him to devote himself entirely to his task as Governor General. The Fuehrer has complied with this request and has appointed Party member Dr. Thierack Chief of the National Socialist Jurists League and President of the Academy for German Law. The National Office of the NSDAP has been dissolved by the Fuehrer.
"The Fuehrer has thereby united the highest offices in the field of judicial administration of Party and State in the hands of the Party member Dr. Thierack.
"By a special decree the Fuehrer has appointed and empowered the new Reich Minister of Justice to build up a new National Socialist administration of justice in accordance with the guiding rules and directions of the Fuehrer in agreement with the Reich Minister and chief of the Party Chancellory and myself - and even deviating from the existing law - to take all measures necessary for this.
"The concentration of the said offices in his person and the special powers granted him will enable Reich Minister Dr. Thierack to undertake the solving of the great tasks which the administration of justice will have to master during the war and after its successful conclusion. The task set to Party member Dr. Thierack is first of all a political one, it consists in adjusting justice and the judiciary to National Socialist ideas. This goal can only be attained by the closest cooperation with the Party. It will aid the new Minister of Justice in removing existing abuses and in establishing a strong National Socialist Justice. It is required that all public criticism of legal institutions, judges and individual legal decisions shall cease.
"By order of the Fuehrer I therefore request you to aid Party member Dr. Thierack in the carrying out of these important tasks to the best of your ability. Hereby is further required that you report to me all complaints which you have to bring in matters of justice, so that I can clear up the situation immediately by confidential negotiations with the Reich Minister of Justice. Should it, after a discussion with the Reich Minister of Justice, seem absolutely necessary that a problem is brought to the Fuehrer, then this will be taken care of by Reich Minister Dr. Lammers and myself. We will first endeavor to clear up such matters further in agreement with the Reich Minister of Justice and the offices in question, and we shall, if necessary, report to the Fuehrer. In this manner it will be prevented that incomplete, incorrect or wrong information on legal matters will reach the Fuehrer.
"The Reich Minister and Chief of the Reich Chancellory has immediately notified the supreme Reich authorities accordingly. I request the Gauleiters to notify also the Kreisleiters.
(signed) M. Bormann Certified:
Klemm Distribution:
Reichsleiter Gauleiter Verbaendefuehrer.
The Prosecution now offers into evidence as Prosecution's Exhibit Number 35, Document NG-541.
THE PRESIDENT: The document will be received in evidence.
MR. LaFOLLETTE: The Prosecution will next offer Exhibit Number NG-076. found on Page 29 of the English Document Book. This will be Exhibit Number 36.
"10/17 October 1942, Issue A, 'Deutsches Recht' Central organ of the National-Socialist Jurist's League, S.1404. Reich Minister Dr. Thierack before the National-Socialist Jurist's League, NSRB.
"On 30 September 1942 Reich Minister Dr. Thierack spoke before the staff of the Reich Office of the National-Socialist Jurist's League."
May I inquire, is the German "staff" or what is the translation?
INTERPRETER KNUTH: "Staff."
MR. LaFOLLETTE: I will continue reading.
"The Reich Minister set forth that the great task of taking over the leadership of mankind in the entire sphere of law was to be placed with the National-Socialist Jurist's League. He said that in the National-Socialist state the correct assignment, the training and the moulding of men was one of the greatest and most important tasks. The National-Socialist Jurist's League would also have to devote itself to the care of its League members more intensively than before, especially to the care of Jurist's in the service during the war. All the attention of the League and its officers, especially the Gaufuehrer, would have to be given to them, their family, and the survivors of League members killed in the war. He stated that he, as the leader of the National-Socialist Jurist's League so designated by the Fuehrer, expected and demanded of every member of the Reich office an all out effort, in comeradely cooperation and in an exemplary manner to solve these urgent problems of leading men and caring for them, despite difficult conditions. Tasks of actually shaping the law would not have to be performed any more by the League in the future.
The leadership in all legal matters would be assumed by the Reich Ministry of Justice, which in passing legislation would avail itself of the assistance of the Academy for German Law. Here, a clear division of duties would be necessary in order to avoid double work. This, however, should not be taken to mean that he would not always appreciate practical suggestions from among the members of the National-Socialist Jurist's League. Suggestions and proposals stemming from the sphere of experience of members of the NationalSocialist Jurist's League would be taken up by the Reich Ministry of Justice, partly elaborated further by the Academy for German Law.
In concluding, Reichminister Dr. Thierack made known that he had designated Staatssekretaer (State Secretary) Dr. Rothenberger, who had been appointed by the Fuehrer as a Dienstleiter (Chief of Office) of the National-Socialist Party, to be his deputy in directing the National-Socialist Jurist's League. Reich Minister Dr. Thierack installed Dienstleiter Dr. Rothenberger in his new office.
The deputy managing director of the National-Socialist Jurist's League, Landgerichtsdirektor Dr. Schneidenbach, thanked the Minister in the name of the staff for clearly pointing out to the League their tasks as well as for the confidence expressed in the co-workers and promised the faithful cooperation of the entire staff.
The prosecution now offers in evidence as Prosecution Exhibit No. 36, Document NG-076.
THE PRESIDENT: The document will be received in evidence.
MR. LA FOLLETTE: Exhibit No. 37 will be the next one offered, Document NG-210, found on Page 56 of the English Document Book. Page 64 in the German.
Document NG-210, "Reich Fuehrer SS and Chief of the German Police Reich Minister of the Interior-Chief of the Order-Police."
I am sorry. The document begins on Page 54. I am reading from Page 56 of the English book which is approximately the third page of the English translation. It's right below Page 5 of the original, if you have a notation similar to that in the German text. Page 66 of the German text. Are we ready now?
"Reich Fuehrer SS and Chief of the German Police Reich Minister of the Interior-Chief of the Order-Police 15 October 42 To SS-Hauptsturmfuehrer WANNINGER in building (handwritten notation:)
compare incident Dr. JOEL. in addition 1 to JM 37 By order of the Reich Fuehrer-SS you are appointed Liaison-officer of the Reich-security-main-office to the Reich-Minister of Justice in addition to your present position as an assistant-referent II A1.The Reich Ministry of Justice as well as all offices of the Reichsecurity-main-offices have been notified accordingly."
MR. KOESSL: Defense counsel Koessl for Rothaug. I doubt the authenticity of the document. In the heading of the document, the Chief of the State Police is referred to. From the content of the document, it is evident that it is a matter of concern to the Reich Ministry Security Main Office; furthermore, the number of the letter is a number which is not commonly used in the Office of the Chief of the State Police.
THE PRESIDENT: Can the prosecutor satisfy defense counsel on the point raised?
MR. LA FOLLETTE: I think I can to my own satisfaction.
DR. HAENSEL: Defense counsel Haensel for the defendant Joel. I looked into the document. There is on the document a pencilled notation, not a notation which is in any way connected with the document itself while the document was written, but it was written later. It was added at a later time. In the copy which is presented now, this difference of the two writings is not brought out. I do not want to raise an objection against the document but merely want to refer to the necessary consequences at a later date in the appreciation of the probative value of the document.
MR. LA FOLLETTE: If Your Honors please, what counsel has said is, I think, substantially correct. I cannot tell myself whether the pencilled writing was even put on the photostat or not, but until I can get better information, I an perfectly willing that the handwritten notation "compare incident Dr. Joel," shall not at present be considered as competent. The rest of the document which I have read, as far as I can ascertain, is a proper photostat of the typewritten letter bearing stamps of the Reich Justice Administration, as far as I can figure out at present, and therefore I offer the document again as Prosecution Exhibit No. 36, with the notation that I am willing to withhold its probative value as against Dr. Joel, unless I can check up where those pencil notations came.