AFTERNOON SESSION
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: The Prosecution may proceed.
MR. KING: May it please the Court, defense counsel for the defendant Joel has pointed out an error, a minor error, in the biographical affidavit which Mr. LaFollette read this morning, This might be a good time to note that for the record. In the second paragraph of the document NG 915 which was Exh. 56, the first sentence of that paragraph reads; "In 1931 I became assistant with the prosecution in Kassel and temporarily at Hamm." The last word in that sentence should road "Hanau" rather than "Hamm."
At this time the Prosecution, as Exhibit No, 62, would like to introduce Document NG061, I note that there is a slight transposition of order in the English Document Book. Page No. 175 should actually precede Page No. 173. I am advised, however, that in the German book the order, the sequence, is correct the covering letter being found on Page 179 of the German text. This is a covering letter signed by Thierack, dated Berlin, 15 July 1942, and it is to the Reich Minister and Chief/of Reich Chancellery:
"Dear Dr. Lammers, In reference to the discussion of 11 July 1942, I am submitting at your request some thoughts regarding the next judicial measures. Heil Hitler. Yours very respectfully, Thierack." There is also indication of an enclosure.
We would like to read the entirety of the enclosure, which begins in the English book on Page 173.
I.
Simplifications "a) Assignments of non-judicial matters are to be distributed to other departments, e.g. to the patent-office, to registration of trade licenses, keeping of trade-registers and association-registers, control of person and property of minors and persons placed under guardianship.
"b) Transfer of the penal authority in all cases of infringements e.g. Par. 360-370 of the Penal Code.) Punative measures up to 150.- RM fines or 6 weeks of imprisonment to the police.
"c) The minor every-day legal affairs (e.g. neighborhood quarrels, rent-affairs, insults) will be decided by the arbitrator, i.e. an honest man out of the people, as ho deems appropriate.
An appeal to the judge at the Local Court (Amtsrichter) will be permitted.
"d) For all other penal affairs including civilian jurisdiction there will be only one trial dealing with factual evidence, and one instance. In civil disputes the judge will be master of the proceeding and will not be bound by the motions of the parties on their lawyers regarding facts and evidence. The truth is to be found, not excogitated statements.
II.
Guidance of People.
"a) Just as you cannot order the acceptance of an inner attitude you cannot order a judge to accept a certain conception of justice, you can only convince him. However, the judge must feel that his sentence is only good and just if it corresponds to the conceptions of people and state."
We believe there is a wrong translation. We believe that sentence should end, "of the people and state leadership." To continue, "The law is nothing but a guide. This sort of education is a matter for the administration of justice." You will note that the wording I have just given differs slightly from that which appears in the English text, but we believe what I have just given is the English translation. Continuing:
"However, it must be supported by a reform in teaching of law at the universities and of the education of the young lawyer to prevent him from falling prey to abstract anaemic legal thinking."
"b) Dissolution of the National Jurist's League (Rechtswahrerbund).
The lawyer (judge, public prosecutor, attorney, judicial administrator)not later than after having gained professional authorization - must not belong to a class-organization separating him from the people, but to one of the organizations of the NSDAP which are open to every member of the people. There he must stand the test and work himself up. Only then he may claim the right of judging and standing up for justice in the peoples name. This education is a responsibility of the NSDAP.
III.
"Reform of Laws.
"The new drafts for penal and civil law which are to be prepared further on are not urgent at the present time without detriment to reforms which are required now. For clear personalities with understanding for the people will contribute much more to a realization of the conception of justice than legal reforms will do."
The Prosecution would like to offer NG 061 as Exh. No. 62.
THE PRESIDENT: It will be received in evidence.
MR. KING: The Prosecution will next offer Document NG 152 as Exh. No. 63. In the English book 1-B it is to be found beginning of Page 181, and if my information is correct it is to be found in the German book beginning on Page 188. This document is a letter from the defendant Schlegelberger to the Reich Minister Dr. Lammers and is dated Berlin, 10 March 1941:
"Dear Reich Minister Dr. Lammers, "In connection with our telephone conversation of today, I am sending you a copy of my letter addressed to the Fuehrer.
I consider it of great importance that the Fuehrer receives this letter as soon as possible. It has come to my knowledge that just recently a number of sentences passed have roused the strong disapproval of the Fuehrer. I do not know exactly which sentences are concerned, but I have ascertained for myself that now and then sentences are pronounced, which are quite untenable. In such cases I shall act with the utmost energy and decision. It is, however, of vital importance for justice and its standing in the Reich, that the Head of the Ministry of Justice should know to which sentences the Fuehrer objects; for nothing is more dangerous than the creation of a so-called atmosphere, of the causes of which the Minister of Justice is unaware. That is the reason for my request to the Fuehrer in the last paragraph of my letter. I repeat, this attempt to forma direct contact between the Fuehrer and the Minister of Justice must be made at once if irreparable damage is to be avoided." That is all of that particular letter we wish to read at this time.
The next letter also from the same document is to be found on Page 182 of the English text and on Page 190 of the German, I believe. It is the letter referred to in the one which I have just read which Dr. Schlegelberger has sent to Hitler. It is dated Berlin, 10 March, 1941.
"My Fuehrer, "In continuing the work of the deceased Reich Minister Dr. Guertner, I will do my utmost, to install justice with all its branches, more and more firmly within the National Socialist State.
In the course of the verdicts pronounced daily, there are still judgments which do not entirely comply with the necessary requirements In such cases, I will take the necessary steps. In order that such judgments be dealt with rapidly, you, my fuehrer, have created the nullity plea and the extraordinary plea for nullification, for criminal cases. For civil affairs, the right of application by the Chief Reich Prosecutor at the Reich court for the resumption of the procedure, could serve the same purpose. I provided for this an ordinance frafted by myself. So as to avoid all such false verdicts the prosecution is called, in this draft, to collaborate in civil affairs, and should stress the right of the national community with regard to the individual interests of the opposing parties.
"Apart from this it is desirable to educate the judges more and more to a correct way of thinking, conscious of the national destiny. For this purpose it would be invaluable, if you my Fuehrer, could let me know if a verdict docs not meet with your approval. The judges are responsible to you, my Fuehrer; they are conscious of this responsibility and are firmly resolved to discharge their duties accordingly.
I feel that it is my duty to you, my Fuehrer, to bring it to the attention of the judges if a decision does not conform to the opinion of the state leadership.
"Heil, my Fuehrer!
"Dr. Schlegelberger."
The next four pages in the English Book from 183 to 186 contain the draft of the decree to which Schlegelberger refers in the letter which I have just read.
The Prosecution does not, at this time, wish to read that decree.
On Page 184, there is another letter from Dr. Schlegelberger to Hitler. That we would like to read now. It is dated Berlin, 24 March 1942. It begins:
"My Fuehrer:
"When I took office, I asked you to inform me whether, if a sentence did not meet with your approval-
THE PRESIDENT: Excuse me. We do find that letter on Page 181.
MR. KING: Excuse me. It is Page 187.
Does the court have the letter now?
THE COURT: Yes.
MR. KING: The letter begins:
"My Fuehrer:
"When I took office, I asked you to inform me whether, if a sentence did not meet with your approval, you would allow me to correct it. I ask permission to consider the telephone call made on Sunday, 22 March, concerning the case of Schlitt at Wilhelmshaven as granting my request, and I express my sincerest thanks for this.
"I entirely agree with your demand, my Fuehrer, for very severe punishment for crime, and I assure you that the judges honestly wish to comply with your demand. Constant instructions in order to strengthen them in this intention, and the increase of threats of legal punishment, have resulted in a considerable decrease so of the number of sentences to which objections have been made from this point of view, out of a total annual number of more than 30000.
"I shall continue to try to reduce this number still more, and if necessary, I shall not shrink from personal measures, as before.
"In the criminal case against the building technician Ewald Schlitt from Wilhelmshaven, I have applied, through the Public Prosecutor for an extraordinary plea for nullification against the sentence, at the Special Senate of the Reich court.
I will inform you of the verdict of the Special Senate immediately after it has been given.
"Heil my Fuehrer !
"Dr. Schlegelberger."
The Prosecution now offers as Exhibit Number 63, the Document NG-152.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Exhibit Number 64, the Prosecution desires to offer the Document NG-611 which is to be found beginning on Page 188 of the English Document Book. In the German Document Book, I believe it is on Page 199.
The first letter on Page 188 of the Document Book 1-B is dated the Fuehrer-Headquarters, 25 May 1941. It is addressed to Reich Minister Dr. Lammers.
"Dear Dr. Lammers, "In yesterday's edition of 'Voelkischen Beobachter' the Fuehrer gathered from it the enclosed report, according to which the special court of Munich in a hearing in Augsburg sentenced the 19 years old Anton Scharff to 10 years penal servitude for theft under the cover of the blackout; the public prosecutor had proposed capital punishment.
"The Fuehrer believes this sentence entirely incomprehensible. The Fuehrer believes that in such cases capital punishment must absolutely be given if crimes under the cover of blackouts have to be kept down to a minumum from the beginning. The Fuehrer also emphasizes again that the criminals should be punished especially hard considering the heroic fighting of our soldiers. The Fuehrer requests that you inform state secretary Schlegelberger again of, his point of view.
"Heil Hitler !
"Yours truly, "Bormann."
The next page in the English Book, 189, is merely the clipping from the newspaper to which reference is made in the letter which I have just read.
I will not read that.
Similarly, the letter on age 190 of the English Text, that is Page 201 in the German Document Book, is Lammers' letter to Dr. Schlogelberger passing on the information from Bormann. Since it is a repitition of facts, I will not read that.
The letter on Page 192, that is Page 203 in the German Document Book, is from Dr. Schlegelberger to the Reich Minister, Dr. Lammers. It is dated Berlin, 28 June 1941.
"Dear Reich Minister Dr. Lammers:
"I am very obliged to the Fuehrer for informing me, on my request, of his conception of atonements of blackout crimes in reference to the sentence of the Munich Special Court against Anton Scharff. I shall reinstruct the Presidents of the Courts of Appeal and the Chief Public Prosecutors of this conception of the Fuehrer as soon as possible.
"The short notice in the Munich edition of the 'Voelkischer Beobachter' of 24 May which was enclosed in your letter of 29 May does not make the sentence comprehensible in my opinion either."
There follows a statement of facts of the case. I do not wish to continue reading further except for the final paragraph which is to be found on Page 94 of the English Text and I believe the last paragraph in the German Text is on Page 204.
That final paragraph is:
"I ask you to assure the Fuehrer that my unwavering attention is directed to the safeguarding of the protection of the people against public enemies through severe punishment of criminals.
"Heil Hitler " Yours very truly, "Dr. Schlegelberger."
The Prosecution now offers in evidence as Exhibit 64, Document NG-611.
THE PRESIDENT: It will be received in evidence.
MR. LaFOLLETTE: If Your Honor, please, and by agreement of defense counsel, if it is available, I would like to introduce at this time, the corrected documents of which I spoke this morning as exhibits.
If any defense counsel feels that his permitting me to do so without the 24 hour rule, would adversely affect his client, then of course I would not do it.
I shall proceed with the understanding that if any one feels that his client is hurt, he is privileged to say so when I offer the exhibit.
THE PRESIDENT: We hear no objection.
MR. LaFOLLETTE: The first is Document Book 1-B, 1964 PS. That is at Page 25. That was not introduced the other day because we found that in the German Document Book, practically the whole set had been omitted.
This is a decree of the Fuehrer regarding special jurisdiction of the Reich Minister of Justice, 20 August, 1942.
"1942 Reichgesetzblatt, Page 535.
"A strong Administration of Justice" -- Excuse me, Your Honors, has that been corrected? Have you had a corrected slip for the interpreters? It's the one at the bottom.
"A strong Administration of Justice is necessary for the fulfillment of the tasks of the greet 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 and Chief of the Reich Chancellery and the Leader of the Party-Chancellery. He can hereby deviate from any existing law.
"Fuehrer Supreme Headquarters 20 August 1942.
"The Fuehrer, Adolf Hitler.
"Reich Minister and Chief of Reich Chancellery, Dr. Lammers."
I would like to offer and introduce it into evidence as Prosecution's Exhibit No. 65. Document 1964-PS.
THE PRESIDENT: This is the same one you have previously discussed under Exhibit No. 35 and was withdrawn?
MR. La FOLLETTE: I don't know the previous exhibit number, but it was offered and then withdrawn. It's the one I discussed this morning with court and counsel. That's clean.
THE PRESIDENT: It will be received in evidence. I next wish to offer in evidence as Prosecution's Exhibit No. 66, NG-218 found in Book 1-B at Page 118. Do the interpreters have the German document? The old one in the old book was something from the medical case. 13d like to send the original to the desk for their benefit.
To the Heads of Departments.
In war, more than at any other time, confidence should exist in the widest circles of the population in the quiet and smooth, exercising of justice under consideration of all wartime interests. The population should especially be conscious of the fact that every offence against interests of the community and every injury to the power of resistance of the German nation will be relentlessly revenged.
Reich Minister Dr. Goebbels has therefore instructed the press and the propaganda machine to consider these necessities in all publication. At the same time, he has requested that the Ministry of propaganda be informed about all judicial proceedings which may be used to this end by calling special attention to them. Moreover he has ordered that any convictions which nay not be understood by the public or the Press for any reason whatsoever, shall not immediately be taken over by the Press with adverse criticism, but shall be sent to the Ministry of Justice for re-examination. In order to have a constant contact and the fastest possible co-operation in these questions he has appointed Ministerialrat Dr. Gast to the Reich Ministry for Public Enlightenment and Propaganda. At the Reich Ministry of Justice I have entrusted "press-Referent" Ministerialrat Dr. Krug with these tasks.
I request you to take care that any material which nay be utilized for publicity, by the way it calls for special attention to the work of Justice, significant for the war, is accessible to Ministerialrat Dr. Krug, in spite of the usual and regular co-operation with the Reich Ministry for public Enlightenment and Propaganda. I also request you to inform him as soon as possible about any objections that may arise against publications in order to contact the Ministry of Propaganda. Kindly pay special attention to the wishes expressed in this sphere of cooperation by the Reich Ministry for Public Enlightenment and Propaganda. Berlin, 2 December 1941.
(signed) Dr. Schlegelberger.
The prosecution would now offer and introduce into evidence, prosecution Exhibit No. 66.
THE PRESIDENT: It will be received in evidence.
MR. La FOLLETTE: The last of the exhibits of this character is found in the English Book 1-3 on Page 141, 2967-PS, and is a report by way of an affidavit by Hans Anschuetz. There was, in the original German book, an affidavit by a completely different client upon probably unrelated matter.
If the interpreters have not been provided with a copy, I will send the exhibit to the interpreter's desk. I'd like to say, Your Honors, that this is a very long affidavit; because I did not know when we were going to get it, I did not have the opportunity to go through the affidavit for the purpose of excluding matter I wouldn't care to read. I don't believe that I wish to detain the court or counsel by reading the whole thing, which I would almost have to do since I have not edited it, unless defense counsel should fool that in view of the fact that they have waived the 24-hour rule, it would be of assistance to them if I didn't road the whole thing; otherwise, I would like to offer the whole thing as an exhibit. I offer and introduce into evidence, prosecution's Exhibit No. 67.
THE PRESIDENT: It will be received in evidence.
MR. La FOLLETTE: At this time, I take it as proper that I express to defense counsel my appreciation for their cooperation in this matter. It helps us get along a little bit anyhow.
MR. KING: It has just been called to my attention that the last letter to be found on Page 187 of the English Text, Exhibit 63, which was Document NG-152, at least the English text has an error which we'd like to correct at this time. I understand that the German text does not have the error in it so this will not apply to the German books. In the second paragraph of that letter, the last line ends, "out of a, total annual number of more than 30,000." As the court may note from consulting the original which has been submitted, that stated, "300,000."
JUDGE BRAND: The correct figure is 300,000?
MR. KING: The correct figure is 300,000.
MR. KING: The Prosecution now desires to offer as Exhibit 68 the document NG 159, which is to be found in book 1-B, beginning on page 170, and in the German book, I believe it begins on page 157. This is a letter dated Berlin, 9 September 1942 and it is from Thierack to the Reich Minister and Chief of the Reich Chancery:
"Dear Dr. Lammers:
"I am sending you a copy of my letter to the President of the People's Court, Dr. Freisler, and beg you to take note of it. I considered this letter necessary, firstly, because I would like to help Party Member Freisler, who has never held office as a judge, and, secondly, because it is allimportant to me that the People's Court should continue in its present recognized position.
"Heil Hitler!
"Thierack."
And, on the next page of the English document book 1-B and 160 in the German text, a letter dated Berlin, 9 September 1942, to Dr. Freisler from Dr. Thierack. Do the interpreters have the correct letter?
INTERPRETER HAHN: Yes.
MR. KING:
"Dear Party Member Dr. Freisler:
"I would like to add a few words to my remarks at you inauguration as President of the People's Court. It is a personal concern of my own that with the People's Court and its Judges I handed over to you a Court that I have built up and conducted with pleasure, "It was clearer in the case of the People's Court than with any other that the judgement of this highest political court had to be in harmony with the leadership of the state. Thereby it will be for the mainly up to you lead the Judge in that direction. For this reason you must have every charge submitted to you and recognize those cases in which it is necessary, in confidential and convincing discussion with the Judge competent for the verdict, to emphasize what is necessary from the point of view of the state.
Thereby I again stress that this must be done by convincing the judge and not by giving him orders. For the judge has to assume personal responsibility for the sentence. Naturally this guidance to be given to the judges must be limited to what is strictly essential. If too much influence is brought to bear, the only result is that the judge gives an irresponsible sentence, the responsible judge feels it to be an intolerable burden. You must bring it about that the judge comes to you of his accord when necessary and that when this is superfluous you let him feel that this is so.
"As a general rule, the judge of the People's Court must get used to regarding the ideas and intentions of the state leadership as the primary factor and the individual fate which depends on him as only a secondary factor. For the defendants before the People's Court are only small phenomena of a larger circle behind them, which is at war with the Reich. That is especially true in war time. I will try to illustrate this with individual cases:
"1) If a Jew - and a leading Jew at that - is charged with high treason, even if he is only an accomplice therein, he has behind him the hate and the will of Jewry to exterminate the German people. As a rule this will therefore be high treason and must be punished by the death penalty.
"2) If after 22 June 1941 a German agitates in the Reich in favor of the Communists, or even if he only tries to influence the people in a Communist direction, he is not only preparing high treason but also favoring the enemy.
"3) If in the area of Bohemia and Moravia the Czechs, influenced by the London radio, continually try to undermine the Reich, even if they only use propaganda, that constitutes not only preparation for high treason, but also amounts to favoring the enemy.
"In case you should ever be in doubt as to which line to follow or which political necessities to take into consideration, please address yourself to me in all confidence.
I shall always be in a position to give you the help you need. I remind you of what I have already said. It was clear to me, too, at the time that the treaty with Soviet Russia in August 1939 did not change the views held by the leadership of the state on Communism, but I did not know whether it was expedient at the time to pronounce the heaviest sentences against Communists in the Reich. At the tine I had to do my best alone. Today I an at your disposal for such decisions which are often not easy.
"Dear Party Member Freisler, please do not consider my explanations as an attempt to lay down the law to you. I only wrote this letter because I realize the importance of your position and would like to help you.
"Heil Hitler.
"Dr. Thierack."
The prosecution desires to offer in evidence Exhibit 68 which is Document NG 159.
THE PRESIDENT: It will be received in evidence.
MR. KING: The prosecution would next like to offer Document NG 176which will become, I believe, Exhibit 69. It is to be found on page 178 of the English Document Book 1-B, and I believe in the German text that is page 155. This is a letter dated Berlin, 16 October 1942, and it is addressed to the Reich Minister Banners:
"Dear Reichminister:
"I am especially grateful to you for the efforts you made to enable me to report to the Fuehrer personally that I had entered upon my office and for your kindness in handing to the Fuehrer my actual written report on my taking up of office.
"I am therefore enclosing this report.
"I have familiarized myself now with my duties. I have arranged the work of the People's Court in a manner that enables me personally to seize upon and combat by my own work as a judge - which I hope will serve to guide the Court - every kind of high treason and treason committed by both Germans and foreigners in the Reich, in their true nature, extent and danger.
"The high treason committed by Communists is at present far in excess of that committed by any other group of Germans. It appears to an unusually great extent in some districts of the Alps and Danube Gaus. Of course, during the war with the Soviets Communist high treason will be regarded as complicity with the enemy as well.
"Among the many trials concluded in the last weeks that of the former Czech General Homola deserves special prominence. He was the chief of the second team of the "narodni obrana", the Czech officers resistance movement. He was condemned to death.
"Among the trials to take place in the next two months the following deserve special mention:
"l) The trial of the former writer Dr. Klotz. who as an emigrant abroad has engaged in high treasonable and treasonable activities in the highest degree.
"2) The trials of some members of Communist sabotage organizations abroad which had as their aim terrorist attacks on German, Italian, and Japanese merchant vessels.
"On the other hand, by order of the Fuehrer, work on the Grynspan trial will not be started until further notice.
"I remain with my best thanks "Heil Hitler "Your obedient "Freisler."
On page 180 of the English translation, on page 187 of the German, in Document Book 1-B, a letter dated Berlin, October 15, 1942, from Freisler to Hitler. It begins:
"My Fuehrer:
"I beg to report to you, my Fuehrer, that I have taken up the office you bestowed on me and familiarized myself with it in the meantime.
"My thanks for the responsibility which you entrusted to me shall be expressed by my working faithfully and with all my strength for the security of the Reich and the inner solidarity of the German people by my own example as a judge and leader of the men of the People's Court.
I am proud to be responsible to you, ay Fuehrer, and the supreme justiciary and judge of the German people, for the justice pronounced by your highest political tribunal.
"The People's Court will constantly endeavour to pass judgments in line with the way it thinks the Fuehrer himself would judge the case.
"Heil to my Fuehrer; Faithfully; Your political soldier; Roland Freisler."
Your Honor, there has been a very slight delay on the Part of the prosecution in presenting the next series of documents, I should judge perhaps five minutes. Would the Court desire to recess for a short while?
THE PRESIDENT: We will recess for five minutes.
THE MARSHAL: The Tribunal is again in session.
MR. LAFOLLETTE: May it please Your Honors, the prosecution will next offer Document Number 280. For the benefit of the interpreters, all of these documents are in Book 1-C. This is at page 16.
THE PRESIDENT: Document Book 1-C has not been laid before the Court.
THE MARSHAL: Here it is, sir.
MR. LAFOLLETTE: This is document Number NG-280, found at page 16 in the English text. It begins at page 19 of the German book. It will be, when offered, Prosecution's Exhibit No. 70:
"Pertaining to RK 4729. Berlin, 28 March 1941.
"Re: Sentences against Poles.
"1. Memorandum:
"According to information from Reich Leader Bormann, a sentence of the Lueneburg District Court - apparently in a rape trial - against a Polish farmhand has been submitted to the Fuehrer, in which the defendant is granted extenuating circumstances because it was felt that he did not have the same reticence in his relations to women co-workers as German farmhands have. The Fuehrer rejected this view of the court as totally erroneous. State Secretary Schlegelberger is to take the necessary steps to preclude a repetition of this conception.
"The Reich Minister and Chief of the Reich Chancery.
"2. To State Secretary Dr. Schlegelberger "Reich Ministry of Justice, Berlin, 29 March 1941, forwarded 30 March "Dear Dr. Schlegelberger:
"The sentence of the Lueneburg District Court of 21 October 1940 on the Polish farmhand Wolay Wojcieck from Rolfsen has been transmitted to the Fuehrer. In it the court states:
"'The defendant is granted extenuating circumstances in respect to the crime. The court considered in the defendant's favor that as a Pole, he does not have the same reticence in his relations with women co-workers as the German farmhand has.'
"The Duehrer rejected the view of the court as totally misleading. The Fuehrer urges you to take immediately the steps necessary to preclude repetition in other courts of the view of the Lueneburg court. I should be obliged if you would inform me what steps you have taken in the matter "Heil Hitler.
Yours very truly (only by the Reich Minister).
"3. To Reich Leader Bormann.
"Dear Mr. Bormann:
"I transmitted the instruction of the Fuehrer as contained in your letter of 26 March 1941, concerning the consideration of extenuating circumstances in crimes committed by Roles, to State Secretary Dr. Schlegelberger with the request for information about what steps he has taken in the matter.
"Heil Hitler. Yours very truly, (only by the Reich Minister), initial: L.
"4. To be submitted again on 28 April.
"Handwritten initials: R and F."
We are now on page 19 in the German book.
"2 April 1941. Berlin, 1 April 1941.
"The Reich Minister of Justice. Entrusted with the management of Official Business.
"Your Excellency: Herr Reich Minister:
"Upon receipt of your kind letter of 29 March 1941, I immediately consulted the deeds of the criminal case against the Polish farmhand Wolay Wojcieck. In the statement of the court the passage quoted in your letter is indeed to be found. By means of a circular with the order for immediate transmittal to all judges and public prosecutors, I brought the mistake in the viewpoint, as it is show in this passage of the court statement, to the knowledge of the Penal Justice without delay. I consider it impossible that such an incident will occur again.
"I also had the responsible President of the Appellate Court and the judges concerned ordered to report here tomorrow with the intention of changing responsibilities at the Lueneburg District Court with a view to excluding the judges who cooperated in issuing the sentence from further employment in criminal jurisdiction.
"Heil Hitler. Yours very truly, (signature) Schlegelberger.
"1) Reported to the Fuehrer. Equally report on the letter of State Secretary Schlegelberger of 3 April 1941."
I turn to page 22 of the German book, 19 of the English book:
"The Reich Minister of Justice Entrusted with the Management of Official Business. Berlin, 3 April 1941.
"Your Excellency, Herr Reich Minister;
"In addition to my letter of 1 April 1941 I beg to inform you that the presiding judge of the Criminal Division which passed the sentence in the case against the Polish farmhand, Wolay Wojcieck, is no longer chairman and that the two associate judges have been replaced by other associate judges.
"Heil Hitler. Yours very truly, (signature) Schlegelberger."
And there are notations at the bottom which I shall not read.
The prosecution offers to introduce into evidence the Prosecution's Exhibit No. 70.
THE PRESIDENT: It will re received.
MR. LAFQLLETTE: NG No. 505, which is at Page 14 of the English text and also at Page 14 of the German text:
"Der Reichsminister der Justiz.
"Berlin W 8, 24 July 1941.
"l) To the President of the Courts of Appeals and the General. Public Prosecutors (with the exception of Prague) "2) Through the Reich Protector in Bohemia and Moravia to the Presidents of the Courts of Appeals and the General Public Prosecutor at Prague "Concerns:
Mild sentences against Poles."
On the same page, the first grammatic paragraph:
"Despite my constant allusions to this matter during conferences and in individual decrees, I am time and again notified of sentences by which Poles, residents in the Reich, are given entirely insufficient prison sentences for sexual delinquency and other serious crimes. Such sentences reveal an incomprehensible, lenient attitude towards the Polish nation which confronts us with implacable enmity. They constitute a danger to the security of the German people and justify the reproach that the administration of criminal law has not proven adequate to the demands of war.
"To make this point clear the attachment lists a few of such sentences against Polish nationals, which had to be changed by special decrees or which I had to have altered by way of a nullity plea."
I next turn t the bottom paragraph of page 15 of the English text, which is found on pages, I understand, 15 and 16 of the German text:
"In addition to this, it must be considered, that Poles now are entering German as a result of the war-time shortage of German labor and that as a result of the decrease of police forces, also due to the war, the necessary police supervision over Poles, which would have been possible under normal peacetime conditions, is no longer guaranteed.
"Entrusted with the executive management of affairs, (signed) Dr. Schlegelberger.
"Certified: Bierwirth, Ministerialkanzleiobersekretaer."
The prosecution offers to introduce into evidence Prosecution's Exhibit No. 71, which is Document NG-505.
THE PRESIDENT: It will be received in evidence.
MR. LAFFOLLETTE: Prosecution Exhibit No. 72, when offered, will be NG-508, found on page 5 of the English text and on Page 4 of the German text. Mr. Wooleyhan will carry on and introduce the next exhibit.
MR. WOOLEYHAN: "Reich Minister of Justice appointed to carry on procedure. Berlin W 8, 15 December 1941.
"To the Presidents of the Courts of Appeal and the Chief Public Prosecutors: