We have an affidavit stating that its original form has not been altered. That is in evidence.
***r than that, we merely seek to introduce it for whatever it may be worth on its face. And if I remember correctly, the Prosecution expressly made no claim as to the legibility of the initials on that piece of paper.
DR. GRUBE: May it please the Tribunal: I do not know whether the original document was really found in this form. But it can be seen that this buck slip was cut from something else, and further, that it was placed on the front of this document. The upper right hand corner contains "Page 32." The following pages of the document contain numbers considerably lower. They contain numbers such as 16, 17 and so on. This buck slip, without a doubt, comes from the same matter. It concerns the circulation of the verdict, which seems to be proved by the facts. It does not prove that the indictment was circulated.
MR. WOOLEYHAN: If the Court please, since the defense has concluded the buck sheet arises, in fact, out of the same matter, that is all the reason we wish to press it.
March-M-JP-11-1c-Fitzgerald (Int. Uiberall)
THE PRESIDENT: I would like to inquire how the name "Lautz" is identified with the document? I do not find that name in my very short examination.
MR. WOOLEYHAN: The word "Lautz" is not on that page, Your Honor, but the title, "Chief Public Prosecutor at the People's Court" is on the document There is an initial after it that for our purposes, at the moment, is illegible.
THE PRESIDENT: Is it claimed that Lautz was at that time Chief Prosecutor?
MR. WOOLEYHAN: It is.
THE PRESIDENT: I see.
DR. GRUBE: May it please the Tribunal, I merely object to the fact that the Prosecution contends that the indictment was circulated among the various members of the Reich Prosecution. That is not possible. The various dates entered on the buck slip are all around the middle of September. The verdict was rendered on 11 August. The indictment stems from February.
THE PRESIDENT: There seems to be sufficient identification in the figure "319-41g." We will therefore receive the document. We have now reached the time of our noon recess.
MR. WOOLEYHAN: May the Court please, may I offer this document in question in evidence at this time before we adjourn?
THE PRESIDENT: Yes.
MR. WOOLEYHAN: I offer this document in evidence as Exhibit 133.
THE PRESIDENT: It will be received in evidence.
We will recess until one-thirty.
(The Tribunal recessed at 1215 hours, 24 March 1947, until 13:30 hours, 24 March 1947.)
AFTERNOON SESSION
THE MARSHAL: The Tribunal is again in session.
MR. WOOLEYHAN: If the Court please, the last document in Book 3-A is NG-597, which the prosecution will offer in evidence at this time. The document commences with an indictment in the usual form - this, by the way, is page 125 of the English Book and page 139 of the German. This indictment in the usual form bears the letterhead of the Chief Reich Prosecutor at the People's Court, dated Berlin, 22 February 1941. "Arrest. Female Foreigner. (Female Resident of the Incorporated Eastern Territories of Polish Origin.) Indictment."
"The female teacher of needle work, Kasimira Sofia Szczerbinski, of Saybusch, born on 1 December 1912, single, former Polish national of Polish race, no prior convictions, provisionally arrested on 31 July 1940 and since 23 September 1940 in custody on remand in the court prison of Bielitz - defense counsel not yet appointed - is herewith indicted by me of having prepared in July 1940 in the inland, and especially at Saybusch, a treasonable act with a view to separating by violence or by threat of violence from the Reich a territory which forms part of the Reich, the action aiming to sway the masses by distributing pamphlets."
Skipping to page 126 in the English book, and 141 in the German, still in continuation of the indictment, "Essential Results of the Investigations, Paragraph II, the Offense."
"On 30 July 1940 the accused was stopped by a custom official in a train between the stations Sueha and Lachowice as a suspected smuggler and was taken into custody. Shortly before the train entered the station of Lachowice, the accused threw a bundle of papers from the moving train. These papers were found and confiscated immediately after the train had been stopped. Investigations showed that these papers comprised six illegal publications in the Polish language and that the accused had made handwritten corrections in one of these publications.
"During a search of the house of her parents at Saybusch a sheet of paper containing foreign news written by the accused as well as a letter addressed to her dated 18 July 1940 were found.
This letter was signed by someone named 'Halscha' and contained the following sentence underlined with red pencil: 'Remember what I told you if anyone needs help.'
"The accused has admitted that she had been in possession of the six illegal pamphlets and that she had thrown them out of the train. She further stated that she had found the publications on the date of her arrest while picking mushrooms in the forest and that she had taken them along without reading them. The pamphlets were in a yellow envelope hidden between the grass and covered with a stone and with earth. She said she intended to take the publications home, to read them there, and then burn them.
"The accused persisted in this statement although it was pointed out to her that this appeared incredible and especially denies having received these pamphlets - publications - from a third party. When recalling to the defendant that on the day of her arrest and in the preceding night it had rained almost uninterruptedly and that the ground was wet, but that neither the envelope nor the publications showed any signs of dirt or moisture, the accused declared that she had no comments to make.
"She admitted, however, to have made the handwritten corrections shown in the pamphlets but says she did this quite thoughtlessly.
"The defendant further admitted that the note found during the search of her house on which foreign news was written, dated 27 July 1940, was written by her. Regarding the source she states that she did not hear the news but that it was communicated to her verbally by another Pole whose name she would not reveal. When it was pointed out that the style of her handwritten notes was very similar to one of the inciting leaflets found in her possession, she refused to comment."
Skipping to the last paragraph, "Finally, the defendant declared that she had no further statements to make. She knew that she had committed a wrong and was prepared to suffer any punishment for it. She is a Pole, she said, and ready if necessary to die for her country."
Paragraph III, "Contents of the Pamphlets". Skipping to page 129, we will omit reading the contents of all these pamphlets but merely sample one of them.
"1. In the pamphlet 'Surma'", the following excerpt is quoted:
"Resurrection of plans for a federation. The whole Polish nation, in site of the tragic events in September, and in spite of what it is suffering now, and in spite of the persecutions, has not for one instant lost this deep faith that Poland, occupied at present by her arch-enemies will revive and will emerge on her way of historical destination. It is certain to the whole Polish people that Poland will and must exist again."
Skipping now to the final portion of this indictment, on page 131 in the English, 146 in the German, "Paragraph IV. Actual and legal judgment.
"Already shortly after the military collapse of Poland federations of chauvinistically minded Poles were established, in the re-incorporated Eastern Territories as well as in the General Government, who, hoping for an early military collapse of the Reich, and in conjunction with the western armed forces, wished to make preparations to seize from the Reich after the example of the Polish revolution of 1918-1921, together with the Western Powers, the regained Eastern Provinces by an armed rising and recreate a new Greater Poland. At the same time some former Polish politicians and militarists who escaped tried to maintain first from Paris and later from London a so-called Polish state, with the assistance of a de-jure recognition of a number of countries, in the form of an 'Independent National Government' which participated in the war against the Reich as a belligerent, by establishing a Polish Legion composed of former members of the defeated Polish army and exiled Poles, who fought against the Wehrmacht in France and Norway under the command of the French army and afterwards of the British army. Their delegates, generally former officers of the Polish army, endeavored to direct the organization of a planned armed rebellion in Poland. They also endea voured to re-awaken and increase the resistance of the Polish people by broadcasting news and proclamations in the Polish language from French and English radio stations.
With the aid of news taken from BBC and French broadcasts illegal pamphlets, even periodicals, were issued, printed or by duplicator, and distributed. The leaflets found in the possession of the accused represent some of these illegal documents of the underground movement. The above quoted short excerpts make it unequivocally clear that their object was to keep alive the hopes of a resuscitation of the former Polish republic and to strive for the realization of these efforts, while at the same time appealing to force for the removal of German domination in former Poland.
"The accused recognized this object of the leaflets, approved of it, and knowlingly endeavoured to encourage it. In her attempts to prove her innocence she stated she had only found the leaflets quite by accident on the day of her arrest and that she had not even read then. This statement, however, is not true.
"Firstly, the leaflets could not have been hidden and discovered by her in the manner she describes, as neither the yellow envelope nor the leaflets themselves showed any traces of dirt or dampness ---"
Skipping now to the top of page 132: "She must rather have received the leaflets from one or more agents. In order to conceal this and so as not to run the risk cf having to divulge their names, she evidently had recourse at this pretext. The falsity of this explanation is also borne out by the fact that she had even made handwritten corrections."
And skipping to the next paragraph: "The plae that she made the corrections unconsciously deserves no credence. The accused is a fanatical Pole *** hates Germans and obviosly has not learned the lesson taught by the collapse of the Polish Republic. One striking sentence contained in a pamphlet found in her dwelling house shows that the accused was also engaged in assistance to fellaw conspirators. The sentence reads: 'Remember what I told you if anyone needs help.' If this sentence had merely implied the meaning given in her statement, she need, not have concealed the name of the writer of the document."
Skipping to the last paragraph on page 148 of the German and 132 of the English: "All this justifies the assumption that the accused retained and carried these leaflets about with her with the intention of passing them on the third parties, in order to promote the highly treasonable aims stated in the leaflets and to influence a larger circle of people. Her behavior is therefore indictable under Article 60, Section 1, Article 83, Section 2 and Section 3, No. 3 of the Penal Code."
Skipping to the next page, which is page 149 in the German, 133 in the English: "I demand the trial of the accused Kasimira Szczerbinski before 2nd Senate of the People Court, to approve the continuance of detention, and to engage Defense Counsel for the accused." And this entire indictment is sign personally by the defendant Lautz.
Page 134, part cf this same document, NG-597, bears at the top the File No. 8 J 488/40. It will be seen, by comparison, with the file number contained on the coversheet of the indictment just read, at page 125, that this file number is the same. This sheet is described as, "For circulation among the following: Indictment; "Among others, of the Prosecution Staff of the People's Court, we will read only the first name, that of "Reich Prosecut of Reichsgericht Dr. Barnickel."
And there are initials of his name.
Page 135 is the Court's opinion: "In the name of the German people, in the criminal case a gainst the needlework teacher Kasimira Sofia Szczerbina next paragraph, "for preparation for high treason the second senate of the People Court, at the trial of 5 June 1941, at which were present," judges and prosecutors whose names we will not read, "has found in law that preparation for high treason the accused is sentenced to 6 - six - years penitentia* and the loss of civil rights for a term of 6 - six - years."
Skipping now to page 141 in the English, which is page 159 in the roman, we come to the last portion of the People's Court opinion in this case. "Paragraph VI, Punishment Award. The award of punishment must be based on the fact that the high treasonable aims of the national Poles represent a considerable danger for the security of the German Reich. Activities of that kind have to be punished with all possible severity, especial if they occur, as in this case, at a time when the German people is fighting for life in a war forced on them by the Eastern Powers. There is thus no grounds for leniency. If one considers further that the defendant obviously was closely connected with these illegal circles and that she displayed a strange criminal desire in as much as she would, under no circumstances, give away her accomplices, these circumstances make it necessary to regard her as fanatic and therefore especially dangerous fighter for these high treasonable aims. For this reason a severe sentence has to be pronounced. Six years penitentiary appeared to the Senate an adequate sentence having regard to the need for the security of the Reich.
The Defendant is not a German citizen. But as there is the possibility that she may in the course of later development acquire German citizenship and as she has acted to the detriment of the German community, it was considered necessary to withdraw, as a matter of precaution, her civil rights a period of six years.
The remand period has not been taken into account; the defendant forfeit this on account of her obstinate denials."
To that opinion we have just read is attached another circulation sheet, in the upper left-hand corner bearing the same file number -- "488/40. Verdict; Circulated to:" There follows a list of public prosecutors whose names we will not read except the first name on the list, which is, "Reich Prosecutor Dr. Bernickel;" and there are initials after his name.
Skipping to page 143 of this same document, 597; this is page 161 of the German. A communication bearing the letterhead of the "Women's Penitentiary, Cottbus, dated Cotbuss, 28 January 1943. Prisoners' book No. 161/41 to be mentioned in all communications. Addressed to the Chief Reich Prosecutor on the People's Court," and it is stamped with an official stamp of the Reich Chief Prosecutor, "as of 1 February 1943; Subject: Application for admittance 23 June 1941, file No. 8 J488/40," which is the file number of the case at hand. On 28 January 1943 Szerbinski, Kasinira was transferred to the civilian prisoners' camp in Auschwitz near Kattowitz to serve sentence. By order, Administrative Assistant."
Skipping now to page 145 of the English book, which is page 162 of the German book, which is another communication, likewise a part of this same document. We find another communication from Cotbuss, with the letterhead "The Board of the Women Penitentiary, Cotbuss, 15 March 1943. To: The Chief Public Prosecutor of the People's Court. Regarding the criminal case against Kasimira Szczerbinski you are informed that this" -- 'This' refers to a letter on page 144 of the English book, which is 161 of the German book, wherein there is an inquiry addressed to Cotbuss prison inquiring as to why Kasimira Szczerbinski was transferred to Auschwitz and the authority for such a transfer. The letter on page 145 answered that inquiry by stating, "this is a measure according to the ordinance of the Reich Minister of Justice of 22 October 1942.
The Prosecution offers as Exhibit No. 134, Document NG-597.
THE PRESIDENT: It will be received in evidence. I would like to inquire inasmuch as he has read the last part of that document book whether there are any more documents in that document book to be presented.
MR. WOOLEYHAN: Your Honors, you need not bring that book to Court any further; it is finished.
MR. KING: This might be a good time to speak in reference to further books that we hope to finish, and that is the Series 1. I hope tomorrow morning, at the opening of Court, to be able to present the outstanding documents in the I series, so I would recommend to the Court and Defense Counsel that they be brought at that time and we will henceforth then need Book I only as documents in Book I are referred to in the subsequent book; and as I indicated earlier, we will try to give the Court and Defense Counsel adequate notice so that they can bring those books as needed, rather than bringing the entire lot every time.
The next document from which we will read and introduce in evidence comes from Bock B of the III series. I think it is also likely that during the afternoon we will get into Book C of the III series. The Prosecution desires to introduce at this time the Document NG-354, which is to be found on page 1 of Book III-B, and it will become, when formally offered in evidence, Exhibit 135.
I first turn to the Indictment in this case record, which in the English document is found on page 7, and in the German on page 8. This is dated Berlin; 3 March 1943.
"The Chief Reich Prosecutor at the People's Court --"
THE PRESIDENT: One moment, there is a little confusion in my files.
MR. KING: It is in book 3-B, your Honor, on page 7.
"The Chief Reich Prosecutor at the People's Court.
"Indictment" I will not read all of this, but I will attempt to make it clear to the Interpreters where I am reading.
"I hereby accuse the Polish laborers "I) Johann Gegler, born on 19 November 1921 in Rajza, district of Soybusch, last residence DAF (German Labor Front) collecting camp in Sagan, single, "No prior convictions.
"2)Josef Gegler, born in 17 February 1923 in Rajza, district of Seybusch, last residence DAF (German Labor Front) Collecting camp in Sagan, single, "No prior convictions.
Both temporarily arrested on 6 October 1942 in custody in the court prison of Liegnitz by virtue of the warrant of arrest of the Amtsgericht (lowe r court) of Liegnitz - 7. Gs. 360/42 of the same date, both as yet without defense counsel, of having jointly practiced in Sagan and neighborhood (1) during 1942 acts to further the enemy power's aim during the war against the Reich or to injure the war potential of the Reich. (2) As poles to have injured by their attitude the welfare of the German Reich and of the German nation.
"Crimes against paragraphs 91 b, 47 Penal Code and Part I paragraph 3, part II and part III of the Ordinance on the Administration of Penal Law Against Poles and Jews in the the Incorporated Eastern Territories of 4 December 1941.
"In the autumn of 1942 the accused jointly drew two plans of the environs of the prisoner of war camp of the Luftwaffe no. 3 of Sagan- Carlswalde for an English prisoner of war, in order to enable the prisoner to escape."
Now, turning to the next page, page 9, which is page 10 and 11 of the formant ext.
"As to the moral side of the fact ho admits indeed ..."
I will begin on the bottom of page 8 of the English text under Roman number II. I believe that is on the bottom of page 9 of the German text.
"The Appreciation of the Facts.
"The accused Johann Gegler admits the facts described in part 1 of the indictment.
"As to the Moral side of the facts he admits indeed, that he was a ware of he was aiding by his acts the escape of a prisoner of war. He declares, however, that at the time of carrying out this act he was not conscious of aiding the enemy and damaging the Reich by helping this English prisoner of war to escape.
"This statement of the accused Johann Gegler is not worthy of belief, considering his Polish extraction and with regard to the fact that he assisted in the escape of on English prisoner of war of Polish origin.
"The accused Josef Gegler denies having participated in the drawing of the two plans of the camp.
"The statement of Jesef Gegler and the depositions made by Johann Gegler in his assistance are however not worthy of belief. For Josef Gegler was not only daily in the DAF camp in Sagan with his brother, but he also shared with him the reward which his brother received from the prisoner of war for the maps.
"The accused are therefore guilty in the sense of the wording of the indictment."
And, that is signed by Lautz.
We turn new to the opinion cf tie Court. We only want to extract portions of that. We turn, in the English text, to page 12, which in the German text is on pages 13 and 14, and the portion I wish to read is approximately in the middle of page 12.
"The fact that the defendant's crime could have brought about serious consequences cannot be dismissed, because it was of a kind that would facilitate Pawluk's escape. Paragraph 2 of Article 91 b Penal Code therefore does not apply. As the accused resided in the former Polish State on 1 December 1939 as a Pole, he is subject to the Polish Penal Code Ordinance of 4 December 1941 (number XIV and XV of this ordinance). According to number III of the ordinance, only the death sentence contained in Article 91 b, paragraph I Penal Code, is to be recognized. The confiscation of the objects described in the judgment formula, which the defendant received as renumeration, is based on Article 93 a, paragraph 2 of Penal Code."
That is all of the opinion that we are going to read. We call attention to the fact that on page 13 of the text, page 15 of the German text appears a letter signed by Dr. Rethenberger, which is a denial of the clemency appeal by Johann Gegler.
We call attention to the statement on page 25 of the English text, also 25 in the German text, indicating that Johann Gegler was executed. The last full paragraph on that page reads as follows:
"The death sentence passed by the 34d Senate of the People's Court on 21 April 1943 on the Polish worker, Johann Gegler from Rajza was carried out on 6 August 1943 in the proper manner.
The execution was carried out without any incident; from the time when the condemned was brought in until the moment the executioner reported the sentence executed it lasted 15 seconds."
We now formally offer in evidence, as Exhibit 135, Document NG 354.
THE PRESIDENT: The document will be received in evidence.
MR. KING: As Exhibit 136 the Prosecution desires to introduce Document NG 595, which is found on page 29 in the English text and page 37 in the German text. The indictment appears beginning on page 30 in the English text and 33 in the German text. We call attention only to the fact that the indictment is signed by Lautz on page 32 in the English and 36 in the German. We wish to road a portion of the opinion of the Court which begins on page 33 in the English text and page 37 in the German text. We will begin reading on page 34 in the English text. The paragraph in the middle of the page.
"The defendant admits the facts with the one proviso that his sole motive had been to look for a job in Switzerland and that he wanted to get in touch with some Polish people known to him and living in Switzerland, whose addresses he had got in his home town as being able to get kin work.
"This defence cannot be given credit. The defendant held a job in German and got, as a Pole, such fair wages, that he was able to save 100 RM within a comparatively short period. He therefore did not have adequate reasons for leaving his post in Germany, only for the one reason of looking for a job. This, in addition, by way of illegally crossing the Swiss frontier, which is extraordinarily dangerous in wartime. How little, after all, he really did care for earned work, is shown clearly by the fact that he repeatedly and without authorization left his place of work.
It therefore must have been for other reasons that the defendant considered the idea of going to Switzerland. Based upon the experience collected by the first division in similar cases, the way which was chosen by the defendant, in order to reach the Swiss Frontier, was taken by many other Poles escaping from their employment in Germany in order to enlist in the Polish Logion in Switzerland. On account of the hostile propaganda from abroad, carried on everywhere amongst the Poles, it was generally known to the latter that in Switzerland, through the agency of the Polish Consul or of the Polish Puppet Government, or of the British Consul, there existed an opportunity to enter the Polish logion, whose aim, as the court knows, is to bring about the resotration of an independant Polish State including forced separation of the Incorporated Eastern district from the Greater German Reich, by rendering military service on the enemy side. According to the view taken by the first Division of the court, the defendant became informed about these circumstances while on leave in his home town.
Especially, all the more so, as he expressly admits to having acquired the idea of escaping into Switzerland from there. Furthermore it should be added that the defendant is a young and sturdy Pole, who was absolutely fit for military service in the Polish Region. Besides this, his general anti-German attitude which is shown by his breaches of contracts is comparable with his enlistment in the Polish Legion, hostile to Germany. Finally he makes the same statement for his defence as is always made by other Poles trying to join the Legion, who are arrested in the neighborhood of the Swiss frontier. Apparently this was recommended as pretend by the Polish propaganda from the very beginning in cases where the escape should fail. Taking into consideration all these circumstances the escape of the defendant to Switzerland leads to the only possible conclusion that he wanted to join up with the Polish Legion, to be sure to fight as a member of the latter a gainst the Armed Forces of the German Reich and to help to bring about the success of the treasonable purposes of the Legion, which in spite of his denial and according to the view of the first division of the court, were known to him. He therefore may be considered as convicted on charges of attempt at high treason according to art. 80, para. 1, art. 83, para. 2 and 3 of the Penal Code and of uncertaking to aid the enemy from inside our country according to the provisions of art. 91 b of the Penal Code.
At the same time he was made himself guilty of a crime according to article I para. 3, last half sentence, Because, being a Pole, he has intentionally inflicted damage to the interests of the German people by malevolently leaving his important agricultural job, above all during harvest time, in 1942, and through meaning to rob forever the German people of his own labor by escaping abroad.
In view of the lack of farm workers, each single farm hand is decisive for maintaining the food supply of the German people and, in consequence, for its victorious pulling through in the fight for freedom. Every deduction of manpower whatever is detrimental to the German interests in a total war. This was absolultely clear to the defendant who admits it as well.
According to art. 73 Penal Code the penalty can be drawn from the penal decree concerning Poles which loc. cit. demands exclusively the death penalty as a rule, this being raken from the most severe penal law appliable here."
MR. KING: That is all of the opinion of the report proper that we wish to read. We do call attention to the fact that on page 37 of the English text there appears a letter signed by Barnickel for further information concerning the defendant and on page 39 there appears an affidavit signed by the defendant which was taken in response -- apparently in response to Dr. Barnickel's request. We would like to read a portion of that affidavit. That is to be found on page 41 of the German text. I would like to begin reading in the English text five lines down in the first full paragraph beginning: "I am a Pole by birth." This affidavit was taken on 19 December 1942:
"I am a Pole by birth. Neither had I a military training, nor was I ever drafted into the Army. During the Polish-German campaign I was at home and on 23 November 1939 I volunteered for a workers' transport to Germany. I came to the farmer Grunwald in Metschlau. Since I was ill-treated by him, I left him after 10 weeks without authorization and went back home. Riding back in the train I was arrested by the police in Glogau and handed ever to the labor -office there, which assign ed me to the farmer Schalau in Buchenhang.
There I worked more than a year, but was also badly treated, especially by the farmer's wife and therefore wanted to go back home. Once more on riding back in the train - during the middle of October 1941 - I was arrested by the police in Kostau (district Kreuzburg) and was imprisoned there for 3 months. Then I was taken back the farmer Schalau where I worked again until 6 September of that year. As I did not want to stay there because of tho ill-treatment and since the Pole Ladislaw Betnasch, also employed at the farmer Schalau, told me, that work would be better in Switzerland. I decided to escape to Switzerland and to work there, where conditions would be better for me. On 6 September 1942 I rode to Munich, where I was arrested at the station on 8 September. I was than taken into the camp Mosach, in Munich I were a HJ (Mr. King: Which is Hitler Youth insignia.) insignia, which I had found in the street near Buchenhang some time ago already, in order not to make myself conspicious as a Pole. On 10 September 1942 I escaped from outdoor work in Mosach together with 2 Poles, whose names are not known to me, who also wanted to work in Switzerland. But we lost each other in Lindau and I never saw them again.
MR. KING: That's all that document which we wish to road although we do call attention to the fact there are several letters of request for further information growing cut of this affidavit, each of which request is signed by the defendant Barnickel. The prosecution now offers as Exhibit 136 the Document NG-595.
MR. GRUBE: Mr. Grube for the Defendant Lautz; the prosecution has just said Bradek had made an affidavit. I consider that statement of such importance that I believe that at this moment I will have to make a corr action here. In German criminal proceedings there is no affidavit made by the defendant.
We are simply concerned with an interrogation by the German official but not concerned with an affidavit. The document itself does not indicate that an affidavit has been desposited. As I said, I consider it necessary to point out the state of affairs, now, because important conclusions could be drawn if one took the view that Bradek's affidavit on that date was in fact an affidavit.
MR. KING: The Prosecution has no objection to substituting for the form of affidavit which I used in the term of a signed statement. So far a the facts in the opinion it would be the same, perhaps, of an affidavit in view of the German practice is a misnomer in such a case, and we will be glad to substitute such a statement.
THE PRESIDENT: No. 36 will be entered and used in evidence. So the will be no mistake, if I referred to it as Exhibit No. 36, I meant to say of course, Exhibit No. 136.
MR. KING: The Prosecution will start by introducing at this time the Document No. NG-596, which will become Exhibit No. 137 when formally offe**
THE PRESIDENT: Before you proceed further.
MR. KING: Yes, sir.
THE PRESIDENT: I think it would be desirable to have them be given a page number so we can all have a uniformed record from the Bench.
MR. KING: Yes. That appears in the index. I might say for the purpose of the record this document has been circulated separately since it was not ready when Book 3B was distributed. It has now been circulated, a* copies for the convenience of the court have been distributed just a few moments ago.
THE PRESIDENT: Yes.
MR. KING: The document appears in the index as being at page 50 in the English Text, and page 49 in the German Text. The first page, therefor would be page 50, and since it is a 64 page document, I think we have no alternative to run through the alphabet twice, giving it fifty letters, I mean, pages of fifty letters give us the next document 613, given in the English Text on page 51, then the first page will be fifty. I have marked these previously, the first page will be 50 in the English, the second pa* will be 50-A -
THE PRESIDENT: Wouldn't it be better as 50-1, then you can make a many numbers as you would like?
MR. KING: Perhaps that is a good idea. We will make the first page then 50-1, the second page 50-2, and so on, until the last page is marked 50-64.