DR. BRIEGER: Dr. Briager for the defendant Cuhorst. Referring to what my colleague in conclusion has said at the end of his statement, I should like to make the request that the defense in every case, that is to say, not only in the case of extensive documents, that the defense should be given the opportunity to refer to any document the following day. I should like to give the following reasons in consideration of the speed with which documents are presented here. In the rarest of cases, it is possible for tho defense to examine whether important passages can still be found in tho documents which have not been represented by the prosecution.
MR. LA FOLLETTE: May it please Your Honors, may I be heard just once again? I do not want the defense counsel to feel that they are working under any great handicaps that the prosecution with reference to the speed of presenting document. Twelve and one o'clock every night is a rather burdensome task on the prosecution because we do not know what documents we can present until we got the original exhibits, and we are not getting these as fast as we would like. I again believe that if we run into a situation here in which each defense counsel, at the conclusion of the reading of a part of a document, as he certainly has a right to do, if the court continues to hold to its present ruling, were to come to this microphone or podium, we will be here a tremendously long time; and as the Honorable Judges of this court attempt to read the record, I believe the interspersing of the opinions of each counsel at this stage of the proceeding rather than where, if I may say so, our American judges are accustomed to finding defense evidence in the defense case in chief. I do not believe that the members of the Tribunal will be aided but will find that their task will become more arduous if we adopt this presently proposed procedure.
THE PRESIDENT: Mr. Prosecutor, this is a rather important matter and we don't want to dispose of it hastily. Is there something you can occupy the time with for the next 20 minutes, and we will take this up among ourselves in tho morning recess.
MR. LA FOLLETTE: Yes, indeed, we are ready to proceed.
THE PRESIDENT: In the meantime, for the short time that intervenes we will let the ruling stand.
MR. KUBUSCHOK: I should like to add shortly to the statements made by the prosecutor concerning the question of the probabative value of the submission of an extensive document. Such political trials as those cannot be compared with trials of any other kind. Documents which submitted here are of a specific nature and therefore they are also very extensive. A political speech deals frequently with the entire political material of the period. Each defense counsel would be negligent, as far as his duty is concerned, if he would not deal with any of the questions mentioned in these speeches, because he would have to expect that the Tribunal would come to certain conclusions from a question which might not have been mentioned by the prosecution, and that this would be detrimental to the case of his client. The same applies if at any later date the records become a part of proof. The defense then indeed would not only have to use the entire material of the speeches but also of the documents. The entire material would have to be used and that is practically impossible unless we want to sit here for years. Therefore, in my opinion, one cannot do anything else but that only that which is read is taken in evidence. The prosecution could not have too much trouble with that because I assume that the prosecution would a t any rate road anything which seems important to it.
THE PRESIDENT: You may proceed with other matters and we will take this up at the proper time.
MR. WOOLLEYHAN: The prosecution will proceed with what will be offered in evidence as Prosecution Exhibit No. 27. It's found on the first page of the English Document Book 1-B, Document NG-075.
THE PRESIDENT: Which document book are you using at this time?
MR. WOOLLEYHAN: English Document Book 1-B Your Honor, Page 1, Document NG-075.
Reichminister and Chief of the Reich Chancellery Fuehrer Headquarters, 11 May 1942 Subject Re: Memorandum regarding Judicial Reform.
1. ) When I reported to the Fuehrer on the 7th of this month, the Fuehrer informed me that he had received a memorandum regarding a judicial reform from a well-known lawyer, which appeared noteworthy to him. He will arrange to have this memorandum sent to me.
2. ) On the 8th of this month, Dr. Schlegelberger incidentally remarked, while visiting me, that he believed that the memorandum which the Fuehrer mentioned war drawn up by the Oberlandesgcrichtspraesilent Rothenberger.
I new skip to page 3, which is page 3 of the German document book.
The Fuehrer and Chanceller of the German Reich.
CS The Personal adjutant NSKK - Gruppenfuehrer A. Bermann.
TO: Reichminister Dr. Lammers My very dear Reich Minister.
In reply to your letter of 11 May, addressed to the Gruppenfuehrer Schaub, inclosed please find the memorandum which you requested concerning tho judicial reform drawn up by Senatspraesident Dr. Rethenberger, Hamburg.
Heil Hitler!
(signed) A. Bermann Personal adjutant of the Fuehrer THE PRESIDENT:
Is this a separate exhibit number?
MR. WOLLEYHAN: This all part cf the same document; those are all part of Exhibit No. 27. I now skip to page 1 of the English document book, the bottom third of the page, which is page 3, ten lines from the bottom in the German document book. The title: Reflections on a National Racialist Judicial Reform.
" A crisis is customarily defined as a state of the most violent intensification of the symptons of a sickness, which is followed by a decisive turn, either toward the worse, to final descent - death in the case of man, and dissolution in that of a public institution -- or the pendulum swings to the other side after the climax of the crisis, toward recovery. The present crisis in the administration of justice today is close to such a climax. A totally new conceiption of the administration of justice must be created, particularly a National Socialist judiciary, and for this the durggist's salve is not sufficient; only the knife of the surgeon, as will later be shown, can bring about the solution."
I now skip to the bottom part of that page,which is found on page A, six lines from tho bottom in the German document book.
"The German judge,,, "The German judge, the true representative of justice, stands alone and unprotected, presuming upon his so-called independence.
Above all, justice and the German judges have eitherto not succeeded in gaining the confidence of the Fuehrer. It is true, German justice has become organizationally speaking, a united Reich justice, and all efforts are being made to create a National Socialist justice. Jurisprudence strive - if only with varied success - to fit into the National Socialist ideology."
I now skip to page 7 of the English document book, paragraph (a) which is found on page 7, the first line of the German document book, and I call the Court's attention to the fact that some words, tho word "serve", for instance, is underlined in the English text, and it is also underlined in the script of the original document which will be offered in evidence.
THE PRESIDENT: The understanding that occurred on page 5, was that also in the German text?
MR. WOOLLEYHAN: Yes, your Honor; that was also in the original. He underscoring has been supplied by tho Prosecution.
THE PRESIDENT: That applies to everthing you read?
MR. WOOLLEYHAN: Everything today, at least Paragraph (a):
"The bourgeois-liberalistic state which, under the influence of the doctrine of the division of power, empowered courts to control legislation and administration, has finally been superseded by the unity of the Reich. The courts arc merely an organ of the state, as the arm is only a limb cf the human body. However, this arm can never set its own head aright. Law must serve tho political leadership."
I now skip to page 8 of the English document book, which is found on the last line of page 7 in the German document book. Paragraph (b):
"In the second place,,,, In the second place, this reaction of "antagenism toward law" is justified because the present moment absolutely demands a regid restriction of the power of law.
He who is striding gigantically toward a now world order cannot move in the limitation of an orderly administration of justice. To accomplish such a far-reaching revolution in domestic and foreign policy is only possible if, on the one hand, all outmoded institutions, concepts, and habits have been done away with - if need bo, in a brutal manner -- and if, on the other hand, institutions that are in themselves necessary but are not directly instrumental in the achievement of a great goal and which, in fact, impede it, are temporarily thrust to the background. All clamer about lawless ness, dospotism, injustice, etc.
, is at present nothing but a lack of insight into tho political situation."
I now skip to the bottom of page 11 in the English document book, which is found on line 12 from the bottom of page 11 of the German, document book, "One must lock into the ------Theoretically, the constitutional position of the German judge, especially his position in respect cf the Fuehrer, is not difficult to solve.
Overcoming the division of power the Fuehrer is not only the legislator and executioner of power, but also the supreme judge. Theoretically the authority to pass judgment is therefore only his. Could he carry out this authority also in practice, there would be no more judiciary problem and no legal crisis. But he cannot do so. Therefore, he has transferred his authority to the individual judge, that is, directly, without any further administrative channels. The judge acts differently from any other official who is a member of a sometimes rather long official hierarchy, by virtue of a decree issued to him direct by the Fuehrer. This is the meaning of freedom of the bench. Every other private, party official or public office has to abstain from all interference or influence upon a judgement. This superior position corresponds to the obligations of the judge to find justice exclusively according to national socialist ideas because a judge who is in direct relation of fealty to the Fuehrer must judge "like the Fuehrer". In order to guarantee this, a direct liaison officer without any intermediate agency must be established between the Fuehrer and the German judge, that is, also in the form of a judge, the supreme judge in Germany, the "Judge of the Fuehrer."
I now skip to page 13 of the English document book, which is one page 15, line 4 from the bottom of the German document beck, Section V."The historic development of the German judiciary is in short tho following:
At the same time at which the Roman law which in no way whatever was cennected with the German national consciousness was introduced in Germany (15th century), the freely elector German people's judge was replaced by the civil servant, the professional judge. He studied at first at Italian universities, and later -- up to the present timehis melted of thought was influenced by legal reasoning in accordance with Roman law. Originally he, though an alien stranger, was nevertheless, in his capacity as the highest official of the individual sovereigns, an authority in the country; but 19th century liberalism, with its hypertrophy of laws, its plethera of court, its will pursuit of litigation, and its juridical thinking, led to a steady increase in the number of judges, and indeed to a debasing, vulgarization, and "burcaucratizing." of the judges. In a Liberal State these judges became independent simultaneously in the sense of a complete detachment from people and state. The authority of the judge can be determined by two entirely different means: Once by granting him a superior position and by letting only few qualified non with a strong personality become judges -- then the authority and the so-called independence will as a matter of course come out to a certain extent as a by-product -- or else the judge's position will be formally converted under peer economic stress into a bureaucratic civil service position, in which he will attempt to carry through his conception of law, by being granted independence through legal guarantee. Prussia, and with her the rest of the German States, consquently the second German Reich, took the latter way.
National -socialism will have to proceed on the first path, Because the nature of national-socialism is in direct contrast to this degeneration of the oil German, nonbureaucratic people's judge which occurred historically through foreign influence, National-socialism will revive concept of German judge as a prototype the same as it created the concepts of Fuehrer, followers, folk-community, honour, loyalty, farmer, soil," I now skip to page 15, the bottom half of the page, which is found on page 16, line 10 of the German book.
I am reading how from the English document book even lines from the bottom of the page.
"With the Fuehrer a --
"With the Fuehrer a man has risen within the German people who awakens the oldest, long forgotten times. Here is a man who in his position represents the ideal of the judge in its perfect sense, and the German people elected him for their judge -- first of all, of course, as "judge" ever their fate in general, but also as "supreme magistrate and judge". The mail received in the Fuehrer's office in one day will prove this. No wonder , that next to this man, the German bureaucratic judge, who represents so little of longestablished judiciary grandeur, had to lose further authority."
I now skip to page 21, the last page of this document and note the late and signature, "Hamburg, 31 March 1912." The signature is a faulty translation, but from the foregoing sheets of this document it would appear that of the defendant Rothenberger.
The Prosecution now offers Exhibit No. 27 in evidence.
THE PRESIDENT: We will recess at this time and will take up the matters you have upon our reconvening.
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: The Tribunal is prepared to rule at this time upon the submitted matters. The first point presented is whether the entire document shall be considered in evidence and not merely that portion which you have read. Our answer to that is; regardless of what is read, the entire document will be in evidence. On the other point defense counsel argue that they cannot now know what other portions they may regard to be pertinent and relevant and that the time has been short for them to make that research. In view of that situation we think it desirable to modify the fuling of yesterday and not to permit reading of other portions unless -- let that part of the ruling stand. No other portion may be read by defense counsel at the time of the reading of the original document that is introduced in evidence. All such matters must be left to the time when the defense is making their case in chief. At that time they will be given the fullest opportunity to present relevant and competent portions of such documents.
DR. BRIEGER: Pardon me. I wish to call your attention to the fact that the interpreter in this instance couldn't follow at all.
THE PRESIDENT: Did any part of our ruling reach defense counsel?
COUNSEL FOR THE DEFENSE: No part of it.
THE PRESIDENT: Is the translation coming through at this time? I will therefore repeat the ruling. On the first point made our ruling is that the entire document as introduced by the prosecution will be considered in evidence, not merely that portion which the prosecution reads. On the other point, defense counsel argue that they cannot know in this short time what portions of the document they might want to read and that being true, we have decided to modify the ruling of yesterday and not permit any reading on the parts of defense counsel at this time or during the presentation of the prosecution's case. When the defense comes to their defense in chief they will then be permitted full opportunity to present relevant and competent portions of these documents. "We think that is in the interest of an orderly record and orderly procedure.
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.