THE PRESIDENT: Mr. Wooleyhan, we have past the time for our usual morning recess and we will take this up at the close of the recess. We will now take a 15 minute recess.
(A recess was taken)
THE MARSHAL: The Tribunal is again in session.
MR. WOOLEYHAN: Continuing with this same case. Still in that portion of the opinion labeled "Reasons", for the death sentence pronounced on page 84, we continue at the bottom of page 88, eighth line from the bottom, which is page 102 of the German Book, and the court referring to the defendant continues: "It was their obligation as citizen of a people which immediately before and at the outbread of the war committed mass murders of persons of German blood and thus became guilty of bloody crimes against the German people, to behave especially well and to work without reservation. In spite of that they started again to hate Germany, and not only deprived her completely of their working power but pursued their goal in spite of the natural obstacles to their undertaking, their goal, to fight with their weapons on the side of the enemy and to carry out the high treason which they prepared. And this in the August of 1942, in a time of the most severe defense of the Greater German Reich against Bolshevism. Therefore, only the death penalty is adequate to the dangerousness of the crime committed by the defendants, who are filled with hatred against Germany, and to the need of protection for the German people. It is also necessary for deterring purposes. The People's Court pronounced, therefore, the death sentence against all three defendants."
Skipping now to page 92 of the English Book, which is 105 of the German's. This is part of the same case record, and is in the form of recapitulation of the findings, signed by the presiding judge of that session.
"The deputy of the Chief Reich Public Prosecutor, and the defense counsels were invited to make their statements. The deputy of the Chief Reich Public Prosecutor demanded to sentence: Kalicki, Czycz and Iwaniszyn to death.
As we have seen from the foregoing case, the case record of the death penalty demanded by the prosecution was now pronounced.
Turning now to page 93 of the same document in the Document Book:
"Certified copies, in the criminal proceedings against Kalicke, Czycz and Iwaniszyn who were sentenced to death by the People's Court on 21 May 1***, I decided upon authorization by the Fuehrer, not to exercise my right of pardon but to let Justice take its course. Berlin, 28 July 1943. The Reich Minister of Justice, by deputy (signed):Dr. Rothenberger.
True copy of the original, Berlin, 29 July 1943."
Turning now to page 94 of the Document Book, which is a later page of the same document, page 107 in the German Book.
Letterhead: "Penitentiary and Prison on Remand. Munich -Stadelheim, Munich, 18 August 1943. Stamp: To the Chief Reich Public Prosecutor at the People's Court, Berlin File 9 J 188/42g, Estate Stanislaw Czyz, born 18 December 1922.
The above mentioned died here on 12 August 1943. The following things are here in deposit for the above:
1 leather belt, 1 jacket, 1 shirt, 1 pair of socks, 1 pair of shoes, 1 flashlight, 1 purse, money RM 475. All things are in a very bad condition The Prosecution offers as Exhibit No. 130 Document NG 6-41.
THE PRESIDENT: It will be received in evidence.
MR. WOOLEYHAN: Turning now in Book 3-A to Document NG-376, which starts at page 96, due to faulty assembly of the pages of this document it is out of order. To correct that defect I will read page 106 first. This bears the letterhead of the Chief Prosecutor at the People's Court dated Berlin, 17 March 1943, addressed to the President of the People's Court at Berlin.
"Subject: Proceedings against assistant laborer Johann DZIEKANIK for reasons of preparations for high treason.
"Indictment: 2 volumes of files 9 copies of the indictment "I herewith send you the indictment and inclosures referring to the motion I made at the end of the indictment."
Upon looking at the original document we find that this cover letter is personally signed by the defendant Lautz.
Turning now to page 105-A, which was inserted as a separate sheet, does the Bench have the English pages 105-A-B-C?
THE SECRETARY: No, we don't have those.
MR. WOOLEYHAN: Mr. Secretary, might I inquire if you received as extra sheets pages 105-A-B and C? I believe those are available. It is an indictment dated 17 March 1943 from the People's Court.
THE SECRETARY: There is one copy on the bench, only one copy.
MR. WOOLEYHAN: Would it suffice if I read portions of that now and supplied you with later copies?
THE SECRETARY: Here is 105-A.
MR. WOOLEYHAN: That is an extra sheet, and also --
THE PRESIDENT: There is a different number on the pages.
THE SECRETARY: Some of those were marked 109-A-B-C.
MR. WOOLEYHAN: We had a 105-A-B-C and 109.
THE SECRETARY: We have the 109.
MR. WOOLEYHAN: But no 105.
THE PRESIDENT: 109 is connected with NG-351, which is not the exhibit you are discussing.
MR. WOOLEYHAN: No, sir. If I may be permitted to refer to that at this time, we will supply the missing pages later.
THE PRESIDENT:NG-351?
MR. WOOLEYHAN: No, the missing pages of NG-376, which is the document of which I have just read the covering letter. That is complete in the German book but it was omitted in the English.
The indictment to which the covering letter which we have just read referred bears the letterhead of the Chief Public Prosecutor of the Reich at the People's Court, Berlin, 17 March 1943, Indictment, the unskilled laborer Johann Dziekanik. I will skip around here quite a bit to avoid these repetitious details. Punished seven times in all by formerly Czechoslovakia courts, the last time by the district court of Teschen, on the 23rd of November, 1937, for the crime of theft with five weeks penal servitude and disenfranchisement, furthermore by the district court in Graz on 11 November 1942, for the crime of theft with eight months imprisonment. In security detention since 29 October 1942, in this case. Skipping now to, "I accuse the above of having been in Heidebreck, Upper Silesia, Marburg, Styria, and other places within this country and April, 1942, by the same continued action (1) attempted to prepare for the act of high treason, namely to sever by force a district belonging to the Reich whereby the object of the action was to form a coercive organization for the preparation of high treason."
We wish to skip now to page 106 wherein, without reading the entire case of this defendant, we merely wish to call the Court's attention to the fact that the defendant Dziekanik was sentenced to death for the alleged high treason in the indictment. Turning to the next page, 107 --
THE PRESIDENT: Does that appear on page 106?
MR. WOOLEYHAN: That appears on page 106-A. I am sorry.
THE PRESIDENT: May I ask again before we pass 106, do I understand you to say that the signature that is indicated to be illegible on page 106 you now know to be a real signature?
MR. WOOLEYHAN: We now know it is a real readable signature of the defendant Lautz.
Turning now to page 107 wherein the Senate at the People's Court cites its reasons for the indictment and findings in the case, we don't wish to read all those facts but at the risk of seeming slightly argumentative we merely wish to point out certain facts appearing on the face of the document itself. By way of documentation we wish the court to note that the facts stated there in the opinion of the court constitute, by a restating and a paraphrasing of the facts, the case alleged in the indictment. There is no single shred of new evidence cited other than the indictment alleges.
JUDGE BRAND: May I call your attention to the fact that there seems to be no page 106-A in the book.
MR. WOOLEYHAN: In your book? They are at the bench there.
THE SECRETARY: These documents now distributed are merely marked 105-A. I don't know whether that makes any difference or not. There is a separate series, I believe, for 105-A.
DR. GRUBE (For defendant Lautz): Mr. President, I ask to be permitted to show the photo copies of this document, the photostat to the defendant Lautz so that he could compare the signatures. Also I ask to be permitted to discuss it with him briefly.
MR. WOOLEYHAN: Your Honors, photostats, two duplicates of these documents are of force given to the defense. Two copies of every copy we seek to introduce are furnished in photostatic form to the Defense Information Center. The prosecution submits that if any comparison by the defendants and their counsel as to the validity of these signatures is to be done, it is first part of their case in chief, and second should he done at sometime other than the introduction of our case.
DR. GRUBE: Mr. President, we know no more than the copies as we get them in the document books are available for us. As for the photostats we knew nothing about them. I did not know until now that also photostats were supplied. We have an opportunity to see the English copies, but that photostats were supplied, about that I was not informed, and I believe that also the other defense counsel did not know anything about that.
THE PRESIDENT: May I inquire when these photostats were placed in the Defense Center?
MR. WOOLEYHAN: If the Court please, the prosecution, since the beginning of the case, has been required to submit two photostatic copies of every document to the Defense Information Center. Now the mechanics of their distribution I am not clear on, that is none of our affair. However, we have been required to so furnish. That is a dereliction I cannot account for. We will attempt to straighten it out after court.
JUDGE BRAND: Well, isn't it obvious that if only copies are furnished the defense information center, that they are simply there for inspection.
MR. WOOLEYHAN: That is true.
JUDGE BRAND: They are there for the files, and not for distribution to 15 defendants' counsel.
MR. WOOLEYHAN: It is obvious that they are there for inspection and not for distribution.
THE PRESIDENT: I suppose the question still remains, how are defense counsel to know that deposits of documents are made with the Defense Center unless it is in some way brought to the attention of defense counsel? It seems to me there is a lameness there that must be looked into.
MR. WOOLEYHAN: It is very apparent that there is a lameness, Your Honor and in addition to its other duties, the prosecution will attempt to find out what the lameness is.
THE PRESIDENT: In any event, I can see that the prosecution is to bla** in the least for this.
MR. WOOLEYHAN: Thank you.
THE PRESIDENT: About all we can say to you, Dr. Grube, is that you should inquire of this document, and it is possible, as is suggested by the prosecution, that you can bring it to our attention as a part of your defense which will be quite as satisfactory to you as it would to do it now.
DR. GRUBE: Mr. President, in this case I wanted to show the document to the defendant. It is very important if it is his signature.
THE PRESIDENT: We think that is a reasonable request, and we would like to have the document either delivered to defense counsel, or defense counsel to secure it, and then the matter can come up.
The better plan would be after we resume our sessions after the lunch hour. At least, this period should not go entirely by without your having an opportunity to show it to your client.
Is that document here in the courtroom at this time?
MR. WOOLEYHAN: It is, Your Honor. It is the exhibit we are attempting to introduce.
THE PRESIDENT: I mean the photostat.
MR. WOOLEYHAN: Yes, sir.
THE PRESIDENT: Then we will take enough time for counsel to show it to his client.
(The document was shown to the defendant Lautz)
DR. GRUBE: I thank the Tribunal for the opportunity to be permitted to show the document to the defendant Lautz.
MR. WOOLEYHAN: Mr. Secretary, might I inquire whether you have up there pages 109-A, B, and C, and page 112-A? Would you please distribute them at this time for document NG-351?
May the Court please, these extra pages were omitted from the English books; the German books, I believe, are in order. They refer to document NG-351, and are to be inserted at the junctures in the book at which their numbers occur. No. 109-A, B and C constitute the indictment of case NG-351and should be inserted in the beginning. Page 112-A is the last page of the case record and should be inserted at the end.
Because of the examination by the defense of the last document considered the prosecution neglected to offer it into evidence as Exhibit No. 131. May we so offer it at this time?
THE PRESIDENT: Which one is that?
MR. WOOLEYHAN: That is the one that was just examined by the defense at just previously read. I neglected to offer it after the defense examined it.
THE PRESIDENT: What number is it?
MR. WOOLEYHAN: That is document NG-376, Your Honor. We so offer it at this time.
THE PRESIDENT: It will be received.
There seems to be a little difficulty about exhibit numbering. Do I understand that 351 will be an exhibit with a separate number?
MR. WOOLEYHAN: No. 351 will be the next exhibit, yes, Your Honor.
THE PRESIDENT: What number will it have?
MR. WOOLEYHAN: It will have 132 when offered. No. 351-NG is the document we are about to introduce.
THE PRESIDENT: Yes, I see.
DR. ASCHENAUER (Counsel for the defendant Petersen): I beg your pardon if I interrupt, but concerning the question of photostats, which we discussed before, I ascertained last Friday afternoon, for the first time, that photostats have been received in the office, and a second delivery arrived this morning. We do not deal here with two photostats of each document, but only one photostat was delivered per document. Apart from that, I was informed that the distribution of photo copies was not possible sooner because the photostats were received out of order, not in any order.
This technical question is the reason why the photostats could not have been at the disposal of the individual defense counsel to look at them.
MR. WOOLEYHAN: Commencing with page 109-A, which is the Indictment, bearing the letterhead of the Chief Reich Prosecutor of the People's Court, dated Berlin, 14 April 1943:
"Indictment:
"I charge:
"1. The porter Paul Stefanowicz, born at Clyka, single, last of Berlin, a Pole:
"2. The laborer Franz Lencewski, born at Sandee (Government General), single, last of a Berlin Community Camp, a Pole;
"Both without previous convictions, both provisionally arrested 6 August 1942 and on the basis of the order for arrest of the investigating judge of the People's Court with the District Court at Insbruck, order of 3 October 1942 as to Stefanowicz and of 6 October 1942 as to Lenczewski, at present on remand at the prison at Nurnberg, Zellenstrasse;
"Both without defense counsels:
"That they in Berlin, at See (Tyrolia) and at other places of this country, during the month of August 1942, have continuously and jointly by the same action:
"1. Prepared for the treasonable undertaking to tear by violence from the Reich territory belonging to the Reich, their deed having been directed to the preparation of high treason by establishing an organizational connection;
"2. Undertaken in the Reich during a war to support a power hostile to the Reich.
"3. To have damaged the welfare of the German Reich and people, being Poles."
Skipping now to the top of page 109-B:
"Essential findings of the investigation:
"Both accused belong to tho Polish nationality, are former Polish nationals and had their residence on 1 September 1939 in the territory of the former Republic of Poland. Stefanowicz states that his father, after the entry of the Soviet troops in the fall of 1939, was deported to the interior of Russia."
One moment, if the Court please. I am unprepared to state at this time, my knowledge of European history being rather vague, whether it is correct to say "the entry of the Soviet troops". It is either Soviet or German, I don't know, and I would have to consult the original to find out.
The next paragraph:
"On the basis of their registry both accused were put at work in Berlin Lenczewski in April 1941 in a chocolate factory, Stefanowicz in January 1942 in a hospital in Neukoelin.
"In March 1942, Stefanowicz left his working place without leave and tried to escape across the Danish border. He was arrested at Flensburg, and after having been kept for almost two months in a reformatory work camp he was brought back to his place of employment. There he expressed without reservation his fanatical nationalistic Polish conviction and his belief in the restoration of an enlarged Poland.
"2) On the basis of a suggestion of Stefanoticz the accused entered into an agreement and left their places of employment of 2 August 1942 without permission. Lenczewski, pretending that he desired to visit his parents, had taken a few days leave from his employer apparently to postpone the discovery of his escape.
"From Berlin the accused went to Landeck, Tirol, via Augsburg and Innsbruck. From there they marched toward the Swiss border which they wished to cross secretly. In the mountains they had to suffer from bad weather. On 6 August they were arrested by a customs patrol at See in the immediate vicinity of the border of the Reich.
"3) The claim of the accused that they only had intended to work in Switzerland under better conditions, does not merit any belief. They know that the "Polish Legion" after the military collapse of France had crossed into Switzerland and been interned there and that Polish units had also escaped to England. Stefanowicz does admit this. Due to their nationalistic Polish attitude and the propaganda for the "Polish Legion" sponsor everywhere among Poles, it is to be assumed that they planned to report abroad for entry into that Legion or some other Polish unit existing with the enemy.
"On account of these reasons one also must assume that the efforts of the "Polish Legion" directed towards the recreation of a Polish state including the absorbed Eastern territories were known to the accused."
Skipping now to the signature, this indictment bears the signature of the Defendant Lautz. Although it is marked illegible on the translation it is in fact the signature of the Defendant Lautz.
THE PRESIDENT: When you make that statement, you are referring to 119-c?
MR. WOLLEYHAN: I am referring to 119-c, Your Honor, yes. Turning to the Court's opinion, in the case to which the indictment just read refers, which begins at Page 110, the Prosecution submits that it does care to read, at length, from this opinion.
The Prosecution desires, by way of description of the document, to the Court's attention to the fact that particularly, on Page 111 of the Court's finding of fact, the factual findings are indistinguishable from the indictment.
I will read now Page 112a, the letterhead, "The Reich Minister of Just Berlin, 7 August 1943.
"To the Chief Public Prosecutor of the People's Court:
"Either personally or his deputy in office.
"In the Penal Case against Paul Stefanowicz sentenced to death by the People's Court on 21 May, 1943, I enclose the original and certified copy of the decree of 5 August 1943 with the request to arrange further steps with the utmost speed. The order for execution is to be given to execution Reichhart.
"Reichhart, in the disposal of the corpse in accordance with Number V of the Reich Ordinance of 19 February 1939, is to consider the Dissection Institute of the Munich University.
"I request that a publication in the press and by posters is not to be made." By order of Dr. Vollmer.
The Prosecution offers Exhibit Number 132, Document NG-351.
THE PRESIDENT: It will be received in evidence.
MR. WOOLEYHAN: Turning now to Page 114 in the English Document Book, and 126 in the German Document Book, I call your attention to Document NG642. This first page of the document appears to be a circular buck slip addressed to various officials in the Chief Public Prosecutor's Office of the People's Court.
The reason the Prosecution knows that it relates directly to the following pages of the document with which it was found originally, is that the file number code is the same. Anticipating questions of source or association of these two pages, this and the following, please note, if the Court please, there is a pencil note on the first line of Page 114 which says, "319-41g." We wish to compare that with the similar file number entry at the top of Page 115 which likewise is "319-41g." That, plus the fact that the document was found together in this form, leads us to believe that the first pare, 114, was a circular buck slip by which the following Indictment was circulated to the Chief Reich Prosecutor, and among others, to his assistant, Reich Prosecutor Dr. Barnickel.
However, we are not prepared to clear up the legibility or illegibility of those initials at the present time.
Reading now from Page 115 which is Page 127 in the German Document book, here is the indictment which presumably was attached to the previously mentioned circular or buck slip.
The letterhead, Chief Reich Prosecutor, People's Court, Berlin, 24 February 1942.
"Indictment."
Skipping now to Paragraph 1, "I accuse Johann Blaszczyk, commercial clerk, born 2 April 1913 at Warsaw, residence Feucht, near Nuernberg, single, Pole, former Polish citizen, not previously convicted, for having prepared for the highly treasonable act of separating from the Reich an area belonging to the Reich, with the endeavor to establish, or maintain an organisatory connection, for the purpose of preparing High Treason."
I skip now to Page 116.
"Essential Results of the Investigation."
"The accused is of Polish origin and a former Polish citizen. He states he received a suspended sentence of three months imprisonment by the District Court at Warsaw, as a result of an insult against the Polish "Nation;" there is, however, no mention in the Penal register of a conviction.
"From September 1937, to March 1938, he was a gunner in the former Polish Army. On 1 September 1939, he lived within the territory of the former Polish state.
"On 14 September 1941, the accused travelled from Feucht, where he started work only three weeks previously, via Nuernberg, Lindau, and Bregenz, to Lustenau, Vorarlberg. He was accompanied on his journey by a divorced woman, Krawczyk, a Pole, with whom he had formerly lived, and who had temporarily been employed at Lauf, near Nuernberg. Together with he he walked, from the frontier station Lustenau, not towards the town, but in the opposite direction, towards the Reich frontier.
At the Brugger-bridge across the Rhine, he watched the border police check the credentials of some and pass others without examination. When, thereupon, he also tried to cross the bridge together with Krawczyk, he was stopped and detained.
"The accused states that he went to Lustenau, because he wanted to l* for work in the mountains together with Krawczyk, for reasons of health; he was not aware that Lustenau is situated in the vicinity of the frontier.
"Considering the special circumstances, this statement deserves little belief. It must in fact be assumed that the accused counted on crossing the border unchallenged into Switzerland and that he intended to enter the "Polish Legion" there.
"The accused denies any knowledge of the existence of a "Polish Legion" However considering the propaganda conducted among the Poles for the "Polish Legion" raised by the enemy it must be assumed that the accused not only had knowledge of the legion's existence, but also of its aims towards the reestablishment of the Polish State by incorporating the annexed eastern territories."
I omit reading the remainder of the Indictment. We skip now to the Opinion in this case on Page 118, which is page 103 in the German Document Book.
"In the Name of the German People, in the case against the commercial clerk, Johann Blaszczyk, a Pole -- " skipping three lines-- "-- for preparation for High Treason, the People's Court, 2nd Senate, has found in law, by trial of 11 August 1942 -- " omitting the reading of the court personnel -- that the accused, a Pole, is condemned to 10 years penal servitude in a disciplinary camp for injury to the welfare of the German nation."
Skipping to page 119, which is page 133 of the German Document Book, the People's Court gives its reasons for this sentence.
"On the basis of the accused's statement, and the statements of witnesses, the following facts have been established:
"1) The Facts:
"The accused belongs to the Polish nation. He formerly possessed Polish nationality and was resident in former Poland on 1 September 1939."
The remainder of the facts we do not care to read except by way of description. By way of description, we invite the Court's attention to their striking similarity to the indictment. There is no new fact introduced.
"Paragraph 2. The Statement of the Accused and the actual and legal appreciation."
That is on the same page of the English Document Book, but it is on page 134 of the German Document Book.
"As reason for leaving his work the accused says he no longer wished to live away from Krawczyk. When they were sent to work in Germany they were promised that they would be employed no further than 2½ kilometers from each other. They intended going into the mountains to Vorarlberg or the Tyrol to find employment together in a hotel or boarding house. He denies having intended to go to Switzerland and asserts that they did not know that the way they took at Lustenau let to Switzerland. He had no knowledge of a Polish Legion in Switzerland and therefore could not have wished to enter it. The defendant's assertion is that he had wanted to go with Krawczyk to the German mountains and not to Switzerland in order to find work, deserves no credence. According to the testimony of the Witness Stetter it is certain that the defendant and Krawczyk were on their way to Switzerland when they were arrested on the Rhine bridge I skip to the next paragraph.
"It could, however, not be proved that the defendant intended to join the Polish Legion in Switzerland. In this respect the defendant already made himself suspicious by denying his intention to go to Switzerland. This indicates that he must have had a special reason for concealing his plans in connection with his flight to Switzerland, presumably because they were directed against Germany and with his joining the Polish Legion.
"The suspicion must also stand in view of some general circumstances. At about the same time a specially intense propaganda in favor of the Polish Legion was spread among the Poles following the entry of the Soviet Union into the war. Furthermore, during these weeks numerous Poles were captured in the same vicinity, some of whom could be convicted of intending to join the Polish Legion. The fact that the defendant traveled with a woman with whom he had intimate relations, causes the Senate some doubt as to whether the defendant actually had such intention, for they Could not have remained together in the legion.
This, however, was of particular importance to the defendant as is shown by his leaving his work in Germany because of being parted from her. Thus, the defendant can not be found guilty of the intention of entering the Polish Legion and thereby of preparation for High Treason and of treasonably assisting the enemy.
"The defendant, however, is guilty as the result of the trial of a crime according to the ordinance of the Criminal Law regarding Poles. This decree is applicable to him because he is a racial Pole and was domiciled in the territory of the former Polish State on 1 September 1939. Through leaving of his own accord his place of work, near Nuernberg, with the firm Noris at Feucht, near Nuernberg, he not only caused inconvenience to the firm, but in addition damaged the interests of the German nation for this firm which produces metal beds for hospitals and signalling equipment for the Reich Railway, is a war essential works."
Skipping to Paragraph 3, "The Award of Punishment."
"According to the ordinance of Criminal Law for Poles, the death sentence must be applied as a general rule. Prison sentence is only applicable in cases of a less serious nature. The Court has found for the latter in favor of the defendant. Of primary importance for this light judgment, it was decisive that the defendant acted singly and by his action caused only slight damage. Moreover, he voluntarily reported for work in Germany and evidently was led by reason that he could not live together with the woman with whom he had a love affair. On the other hand, care had to be taken in meting out his prison term, that such punishment would have a threatening effect on other Poles. Every Pole must realize thereby the punishment which threatens if he neglects his duties to the German nation even to the slightest degree. In consideration of these circumstances the Court considers severe penitentiary term of ten years an adequate and necessary punishment."
Skipping now to Page 123, we find the Court's ruling.
"Ruling in the criminal case against the commercial clerk Jan Blaszczy on account of preparation for high treason and aiding the enemy:
"The People's Court, Second Senate, at a meeting of 2 October 1941, after hearing the Chief Reich Prosecutor at the People's Court, has ruled the appeal of the defendant against the warrant of arrest of the investigating judge of the People's Court of 25 September 1941 is dismissed for lack of grounds with the directive that the accused is also under serious suspicion cf the crime of preparing for high treason. The law considers that there is suspicion of escape as the defendant has no fixed abode in Germany, in view of the Criminal facts of the case. The cost to be paid by the accused.
"Signed, Engert."
DR. GRUBE: Dr. Grube for the Defendant Lautz. I raise an objection against the submission of this document for the following reasons:
The Prosecution has first submitted the so-called distribution slip. That is the first page of Document 624-NG. The Prosecution has stated specifically that circulation slip proves that the indictment was circulated among the members of the Reich Prosecution whose names are listed on it. I have compared it with the original. From the photostat, it can be seen without difficulty, that this so-called circulation note was cut out from another document and added to this document.
Furthermore, it can be seen from that circulation slip that the signatures which were written by those individuals were all made in September, that is to say, after the verdict had become valid, after the sentence had been pronounced.
As this document in the form we received it is incomplete, considerable conclusions can be reached. I consider this document to be inadmissible.
MR. WOOLEYHAN: I wish to raise two points if Your Honor please. First, the Prosecution has never contended that it was necessary for other members of the Prosecution of the People's Court to see or review or even look at copies of findings of the People's Court before it occurred. This buck slip was put into evidence in an effort to show that the names thereon had seen the attached document at sometime. And if their initials were put on after the Court's decision was rendered, so much the better.
Secondly, if the defense is suggesting that this document, this circular, buck sheet, was cut out of another document and pasted on the front of this one by the Prosecution in an effort to show something where nothing existed; we take the strangest exception to such a remark.
I am sure the defense did not mean that, but I merely wish to state that this is the form in which this document was captured.