Under these circumstances, the defense was nothing but a farce. Above all, I had the impression that CUHORST would not, under any circumstances, postpone summons just because the defense counsel did not have sufficient knowledge of the documents. I, personally considered this attitude cf his, about which defense counsels often complained to me, as an inadmissible restriction of the defense.
If the Special Court in Stuttgart was hated and feared by the population cf the whole district, this was entirely due to the above descried attitude of CUHORST.
If, right from the beginning, CUHORST had formed, a certain opinion about a case, it was very difficult to change his mind. No assistant judge or public prosecutor would dare to contradict him in view of his autocratic manner; in any case it was impossible to prevail against him.
In 1943, I believe, I was public prosecutor in the big case cf black market slaughtering involving MUNZ and others. It was the gravest case cf this kind thus far presented in a Wuertemberg Court. The main defendant, MUNZ, had many previous convictions. During the deliberations, CUHORST told me in unmistakable terms that he intended to condemn MUNZ to death. I am, in principle, cf the opinion that an offense against economic regulations was not punishable by death; therefore I demanded a recess after the evidence had been presented. I got in touch with Senior Public Prosecutor LINK and told him about CUHORT's intention. Then while I was present, LINK get in touch with another Public Prosecutor and with the Chief Public Prosecutor. It was necessary that three Senior Public Prosecutors and myself go to the judges room cf the Special Court, where we succeeded in dissuading CUHORST from the death sentence, only after a tenacious argument.
There can be no doubt that CUHORST was a fanatical National Socialist. He was determined to achieve National Socialist aims, by moans of his sentences. In this he was not accessible to humane sentiments. If anywhere at ell the Fuehrer principle was carried cut rigidly, it was at the Special In the principal criminal case against Hermann WIRBEL I participated as Public Prosecutor during the trial, and helped to draft the indictment.
According to present conceptions, I believe that the trial should have been stopped in view of the prior sentence of the Special Court against WIRBEL. In any case, it would have been more correct under the given circumstances, if CUHORST had not pronounced a death sentence. But it was obvious that CUHORST flatly disregarded certain judicial objections, putting WIRBEL once more on trial, for the same offense; by giving him the heaviest punishment, he added another death sentence to his debit. I am firmly convinced that CUHORST had no twinges of conscience about the considerable number of death sentences passed by him.
These statements are the whole truth, they were made without any coercion I have read, signed and declared under oath. Signed: Otto Kleinknecht, 10 January 1947."
We offer as Exhibit 167 the Document NG-571.
THE PRESIDENT: The document will be received in evidence.
MR. KING: At this time Mr. Wooleyhan will continue reading from the Document Book III-E.
MR. WOOLEYHAN: Turning to page 15 in book III-E, we find Document NG714. This document is a case record setting forth the opinion of the Stuttgart Special Court. "Sentence in the joint criminal cases against Wilhelm Wolf, merchant; Karl Wolf, merchant; Eberhard Pfullinger, merchant; and Pia Wolf, married; for crimes against the war economy and other offenses; the Special Court for the district of the Provincial Court of Appeal Stuttgart at the session of 5 and 6 October 1943 at which were present the President of the Senate **horst, as chairman, "and other associate judges and clerks whose names we well not read." After trial passed these sentences: The defendant Wilhelm Wolf received 800,000 textile coupons from the unfaithful employee of the economic office in Stuttgart, Josef Dollinger, by bribing him and procured textiles without handing over the required 250,000 coupons. The defendant Karl Wolf received from Wilhelm Wolf 350,000 stolen coupons, some in the form of material and coupon checks and embezzled 150,000 RM.
The defendant Eberhard Pfullinger received from Dollinger and Wilhelm Wolf 120,000 coupons and acquired textiles without coupons. Wilhelm and Karl Wolf as well as Pfullinger used the illegally acquired coupons for barter blackmarket business and to hoard goods. As parasites of society and offenders against the war economy, Wilhelm and Karl Wolf are sentenced to death."
Skipping now to page 17 of the English text, to paragraph B. "Facts: 1. Previous history. The former co-defendant Josef Dollinger was employed from the beginning of the war at the Stuttgart Economic Office and mainly worked in the textile coupons office. Besides other functions deriving from government authority, he received clothing coupons, surrendered by the Stuttgart textile shops, counted them, made out receipts and then passed them on for destruction. From the summer of 1940 until the spring of 1943 Dollinger abused his position to appropriate more than three million coupons. At least one million of these coupons he brought back into circulation by handing them over to numerous Stuttgart business men. From some cf his customers he obtained presents in money, as well as in kind. Dollinger died on 2 October 1943 while in detention pending trial."
Skipping to Roman numeral II: "The main customer for the embezzled coupons was the defendant Wilhelm Wolf. He continuously received coupons from Dollinger, at first probably at the latter's request, beginning at the latest in June 1942, probably at an earlier date, and he used them until March 1943, for the largest part for his own firm, Wolf and Pfullinger."
Skipping to the bottom cf the paragraph: "After deducting the number cf coupons from the surrendered ration points the firm Wolf and Pfullinger has handed in at least 740,000 points more than could have been lawfully been at their disposal."
Skipping to page 19 of the English book, paragraph number 2: "The defendant Wilhelm Wolf not only made considerable gains by using the coupons received from Dollinger, but also by obtaining large quantities of rationed textile goods for which he did not surrender coupons. The defendant could not deny that he obtained from the firm of Adolf Bueche, from whom he was always buying goods, textile goods to the total value of 213,000 coupons, which he never surrendered, though the goods had been supplied against coupons.
As he paid a 10% premium on the material, as will be seen later on, his assertion that he wanted to pay his coupon debt later, can not be believed. Wolf also received rationed textiles from other firms, partly by mistake, up to a value of 63,000 coupons, without surrendering coupons and then sold them against coupons. Thereby he made a gain of a total of 276,000 coupons."
"3. What happened to this illegal cupon fortune of more than 1 million cupons? The defense was in tic main based upon the assertion, apart from giving a much lower figure of cupons, that he increased his stocks considerably because he considered it of importance always to lave material at hand for the population."
Skipping now to page 23 of the document and I will read from the better of paragraph Roman III, Karl Wolf. The findings of the Court here arc long, elaborate and factual, and of no particular relevance to the continuous picture of what happened in the case from reading it. The whole thing, of course, will be offered in evidence.
Reading from the last portion of this paragraph on Karl Wolf:
"It was not even possible to make an approximate estimate of all these business deals, as one could only go by a few documents and the defendants own admissions. It suffices however, in considering judgment, that the following deals and transactions ware established, and they constitute only part of the whole business."
Then follows a detailed description of a series of business deals engaged in by the defendant Karl Wolf.
Reading now from page 26 of the English version, paragraph "C" , entitled "Legal Appreciation":
"Considering tie actions, of the 3 defendants, no further explanations arc needed to show that they violated Article 1, Section 1 and 2 and 1a of the bar Economics Order and committed an offense against Article 1 of the Consumption Regulation Penal Order in several respects. Furthermore in coincidence herewith, everyone of them is guilty of concealing goods within the meaning of Article 259 and 260 of the Penal Code, as they accepted the cupons, embezzled by Dollinger from Karl Wolf, supposing them to have illegally acquired to derive profit from them.
Wilhelm Wolf and Pfullinger rewarded Dollinger for the supply of cupons. They know about his work at the economics office which made his an official within the meaning of the Penal Code and they rewarded him for violating his official duty. It does not natter in this connection that Dollinger was obviously determined in any case to carry cut transactions of this kind, for the rewards ho could expect for the future meant at least an incentive to him to continue his activities."
Skipping to the bottom part of that paragraph.
"All these transactions of the defendants in part constitute continued collaboration, partly natural collaboration. Those actions were only possible for the defendants because of tho market situation created by the War. They abused this situation in the worst manner for more selfishness are therefore obviously parasites of society within the meaning of Article ...."
I cannot read that. If I way interpolate for a moment.
This means that the defendants are obviously parasites of society within tho meaning of tho Article, blank, against public enemies which was introduced into evidence previously.
Skipping to page 27, paragraph "E", Award of Punishment:
"Wilhelm Wolf removed cupons of textile goods, corresponding to the yearly allocation for 10,000 people. By doing so, he endangered public supplies on a scale hitherto unknown. He bribed an official, provided his suppliers with black market goods and made other barter dealings; he got cupons by paying a premium, destroyed business records, falsified balance sheets, did cash deals without keeping records, and all that for tho solo purpose of enlarging his business, to car as much as possible and to live well. And that in a period when the German people are engaged in the hardest struggle for their existence and his compatriots give their property and their life in the defense of their country.
Furthermore decent business people must be protected against a competitor working with suck dirty methods; corruption of this kind is especially dangerous for public moral and a behavior as that exhibited by the defendant Wilhelm Wolf causes mistrust and unrest among the population. The defendant, although ho has no previous convictions, is therefore a parasite of society in the true sense of tho word, as atonement for his deeds as well as to safeguard decent business moral, and especially in tho interest of the German people in its fight for freedom, the defendant Wilhelm Wolf could only receive one sentence; the death penalty.
"Almost tho some goes for the defendant Karl Wolf. Although he had loss to do with the embezzled points, ho was the main profiteer of his brother's transactions. Above all, his is a case of particularly objectionable black marketing and he profiteered in money and goods. For him, too, the death penalty is the only just punishment."
Skipping to the lost page of the Court's opinion, we find tint it is signed by Cuhorst and two associate Judges. Certified, Stuttgart, 14 October 1943.
The Prosecution offers Exhibit No. 168, Document NG 714in evidence.
THE PRESIDENT: The document will be received in evidence We will take the usual morning recess at this time.
THE MARSHAL: Persons in the Courtroom will please find their scats. The Tribunal is again in session.
MR. WOOLEYHAN: Continuing in Document Book 3-E with Document NG-718, which is on page 30 of the English book. Document 718 is another case record setting forth the opinion of the Special Court in Stuttgart:
" IN THE NAME OF THE GERMAN PEOPLE:
VERDICT "In the case against the merchant Paul Staudenmaier.
"The Special Court for the District Court of Appeal, Stuttgart Area at its session of 8 February 1944 in Ulm, those taking part were President of the Senate Cuhorst as Chairman" and associate judges whose names we not read "has found"--
"The defendant as Ortsgruppenleiter of the NSV --" The Prosecution interpolates here to explain that for our purposes here the "NSV" may be described as a National Socialistic Welfare Organization which existed to collect contributions from party members for various welfare projects. NSV. --- "The defendant, as Ortsgruppenleiter of the NSV, stole from the collection boxes ---"
DR. KOESSE: May it please the Tribunal, the explanation just given by the Prosecutor about the NSV is not quite correct. The NSV, National Socialist Peoples Welfare Organization collected contributions from all Germans without paying any attention as to whether they were party members or not.
MR. WOOLEYHAN: --"stole from collection boxes and in this way embezzled at least 6,500-RM.
"As a parasite of the people he is therefore condemned to death.
"He forfeits his honor forever.
"He bears the costs of the proceedings.
MR. WOOLEYHAN: Skipping to the next page, second paragraph on pate 31 of the English:
"On 7 September 1936, the accused, who had only been convicted of minor traffic offenses, was condemned by the Local Court Rottweil for two frauds, one in connection with the purchase of watches and parts in Switzerland, to two months' imprisonment and a fine of 3,000 Reichnarks. The defendant served the sentence and time in lieu of tho fine until 10 April 1937."
Skipping to the next paragraph, "without divulging his previous convictions, the defendant became a member of the National Socialist Party on 1 May 1941, membership number 8,849,865. In October 1941 the defendant became Ortsgruppenamtsleiter and local leader for the Winterhilfe in the group Heidenheim-Schlossberg. He was given keys for tho group office for tho collect on boxes.
"In tho middle of April 1942, shortly after a street collection the defendant found 5-6 collection boxes in tho office of the local group, they had arrived late and had not been emptied. The accused, who already at that time toyed with the idea of appropriating tho contents of these boxes, first placed them among the emptied boxes, so as to make sure that the cashier Spaeth and chief Administrator Bauch would not miss the 5 or 6 boxes which arrived late.
"After about two weeks the defendant thought the air was clear and he emptied tho boxes with his key, they contained about 250 Reichmarks, collection money.
"The defendant kept the stolen money for some time in a filing cabinet with sliding doors in his office because he still thought that tho money might be missed.
"But as the late boxes were not specially marked on the list of the boxes which were distributed, but were entered as not collected, tho options of the defendant were not noticed.
"After weeks of waiting the defendant became confident and repeated this procedure at each street collection from June 1942 until 24 October 1943. Since tho winter 1942-43, he also took money from boxes which had been handed in at the proper time on Sunday or Monday mornings at the office. The boxes were opened and counted only on Monday evenings, the defendant however, arrived before the tellers opened the boxes with the correct key or undid the badly closed seals.
From these boxes the accused took only paper money.
"For the street collection on 24 October 1943 the defendant distributed the boxes Number 162 to 165 to the firm Parul Hartmann without entering them on the list. 261,85 Reichmarks was collected in those boxes.
"By mistake the boxes were delivered to another local group where tho accused collected them himself, opened the lead seals and appropriated the entire contents. This last punishable action of the defendant was found out when the management of the office was checked by the witness, district cashier leader Voelmle. After a brief denial, tho accused admitted everything.
"The defendant stated that ho took about 6,500 Reichmarks from tho collection boxes and that he invested the greater part of tho money in banks and post savings accounts and shares in a cooperative company."
Skipping the next sentence, "In his defense the accused stated the following:
"He did not commit these offenses from necessity and must have acted thus because he was kleptomaniac. He had already had this impulse on earlier occasions when he stole money from his relatives.
"There are no indications that the defendant was of weak or even unsound mind. The method of carrying out the deed alone is incompatible with tho alleged tendency to kleptomania. When stealing from the collection boxes in 1942, the defendant was able to wait many weeks until he finally decided to appropriate the money. Those who steal due to a diseased mind, do not wait weeks for security's sake, but act at any possible opportunity.
Skipping to tho next page, 33. "The stree collections for the War Winterhilfe and the German Red Cross are war institutions, but also tho circumstances whereby owing to tho war, the supervision of the collections was extremely difficult, which the defendant well knew. He who offends so severely against the War Winterhilfe and the German Red Cross and plunders collection boxes over a long period, acts as a parasite of the people under Article 4 of the law against public enemies."
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.."