Document No. 27 is an additional affidavit by Bestle. Bestle in the spring of 1938 was the collaborator in the Administrative Office of the SS in Department V-5/C. Together with Pohl, like the Witness, Karl, he went on the trip to Flossenbuerg. He states that Eirenschmalz in Flossenbuerg had nothing to do with the construction projects there. Riedel was the man in charge of the T.V. in the concentration-camp construction matters. These were never subordinated to Eirenschmalz T.V. stands for Death Head units. Eirenschmalz was simply an expert for construction matters concerning the Verfuegungstruppe.
The following document, namely Document No. 28, is an affidavit by one of Eirenschmalz's collaborators who from the beginning of February, 1942, until the end of the war, was employed in Office C-VI/3 as an auditor. This witness was granted me by the Tribunal. He appeared in Nuernberg but he had some trouble with his lungs and therefore he had to submit himself to operations. That was the reason why I was not in a position to bring this witness before this Tribunal. For this reason I had an affidavit written concerning all those questions. And I would appreciate it if the Tribunal would permit me to read this affidavit. I have a translation here which I can give to the interpreter, and I would appreciate it if you would permit me to do so. After the usual introduction the document begins as follows: "On the loth of February, 1942, I was assigned to the WVHA by special orders and I stayed there until the end of the war with a short interruption from the 19th of May, 1944, until the 12th of January, 1933, due to a T.B. infection which I acquired and which I am suffering from today. My military rank was that of an SS-Sturmann. During the entire period of time while I was working for WVHA I was in office C-VI/3 as an auditor. I happened to have the necessary expert background for that job. My civilian profession is that of a civilian construction engineer. Based on my own observations in the WVHA I can therefore make the following actual statements.
"First of all, Office C-VI consisted of three main departments of which main department C-VI/3 was the largest one and dealt with most of the work. This can already be seen from the personnel strength there. The main departments C-VI/1 and C-VI/2 in the beginning consisted of approximately six persons as their total personnel strength. This personnel strength dimished in the course of time and towards the end of 1944 and early in '45 both departments were absolutely extinct. The main department C-VI/3 first had six collaborators and then the total number became twenty. The man in charge of the main department C-VI/3 from the beginning of the spring of 1933 was diplom engineer, Klischinsky. Von Klischinsky was a very good expert and he dealt with this main department absolutely independently. Dr. Kammler also liked him much more than Eirenschmalz and he esteemed him more highly. Von Klischinsky in 1944 was taken over by Kammler by special order. Since that time no other main department chief was appointed. The field of task for the main department C-VI/3 exclusively dealt with the preliminaries of the construction balances for the contruction projects financed by Reich funds. That is the reason why the preliminarily checked balances had to be turned over to the auditing court of the German Reich for a final checking.
"The amount of work was very great so that by and by with the permission of the auditing court only spot checks were made for preliminary checking. At the utmost ten percent of the vouchers were checked. Sometimes there was a backlog of years of vouchers which had to be checked. For instance I can remember that the balances of the barracks at Fulda, which were established in '35 and '36 were only checked towards the end of '43 and '44, that they were only shown then. I can tell you with definite knowledge that in the construction balances no balances were contained concerning construction maintenance because Office A-IV alone was competent for that matter.
Also according to the best of my knowledge and belief and after thought it over for a long time, I can state with certainty that during all those years of the existence of Office C-VI/3, that is to say from February 1942 until the end of the war, at no time was any voucher or bill introduced concerning P.W. camps, concentration camps, particularly in connection with gas chambers and crematories. In this connection I would also like to state that the establishment of gas chambers and crematories only became to me after the collapse of the German Reich through the press.
"The fact was known to me that concentration camps existed at several spots in Germany. Eirenschmalz also must have noticed it.
"Now, because no vouchers came to Office C-VI/3 from those organizations and no balances either, that was the reason why in February or early in March 1945 he sent auditors to Ravensbrueck in order to carry out certain investigations and to find out where the balances were. The auditors, however, never returned. It also occurred once in a while that certain packages sent through the mails were lost in the last few months. No one could say where. The loss of packages remained. Maybe this contributed to the fact that Eirenschmalz wanted to know where those vouchers and balances were by sending those auditors there.
"No. 2. The checking of the construction balances only referred to the funds spent by the construction agencies according to certain budget regulations which existed at the times, by virtue decrees for that year issued by the auditing court of the German Reich.
"From the vouchers submitted it could not be seen what the personnel strength of the workers was and particularly whether inmates were used in the individual construction places. I would like to add at this point that the construction of barracks, which constituted the largest part of the vouchers introduced, was carried out by civilian construction firms. All vouchers concerning the construction work carried out by the special staff of Kammler were not audited by our Main Department. Our Main Department was not competent for that type of work.
"Number 3. As far as the other offices of Amtsgruppe C are concerned, there were no official connections with them. Office C/6 was neither informed of construction preparations nor of construction projects. This was not the task of Office C/6 as an auditing department anyway. The Main Department C/6/3 also sent their mail directly to the construction inspectorates and construction groups without interpolating Office C/5 in any way.
"Number 4. The relationship between Dr. Ing. Kamler and Eirenschmalz was as bad as can be imagined. I do not know that Eirenschmalz in the first half of the year 1943 was appointed Kammler's deputy. During that time, that is, in March 1943, great damage was caused by an air raid. The entire Amtsgruppe was working with clearing the debris for weeks. I also know that Eirenschmalz from the month of May 1943 until January 1944 due to ill health had been transferred to a hospital. His deputy. I never at any time not on a single occasion, actually heard that Eirenschmalz ever became Kammler's deputy in reality. I think it impossible that Kammler would have let Eirenschmalz deputize for him in any matter even if it was seemingly unimportant because Kammler was absolutely ambitions. He was also academically-minded. He insisted on taking care of that himself. Even deputizing jobs which were not of great importance, as, for instance, signing unimportant letters, were never carried out by Eirenschmalz.
"Number 5. As far as Eirenschmalz's office C/6 is concerned, I can only say that office was without any importance. If that office had beep dissolved, it would not have influenced the organization of Amtsgruppe C in any way. I assume that Office C/6 was particularly prepared by Kammler for plans for the coming post-war period. Kammler apparently intended to take over the construction himself; and he had in advance already planned certain reconstruction projects. Eirenschmalz remained chief of this superfluous office because another job could not been found for him which was more fitting to his rank as Standartenfuehrer and which he could have taken care of. Unfortunately, there was no such job available. It is absolutely wrong to believe that Eirenschmalz was a great construction expert who was an expert indeed in the construction projects of the SS. During the period of time as of 1942 while I was under Eirenschmalz's supervision, Eirenschmalz never did any work as a construction expert. I also never heard from the closer circle of collaborators concerning the time prior to that that Eirenschmalz at any time planned any large construction projects and carried them out. I was in close contact with his close circle of collaborators.
"Number 6. From a humane point of view, I can only say the very best for Eirenschmalz. Eirenschmalz is not one of those people who believed in a certain kind of extravagant life and who acted like wild men. On the contrary, he was a very modest man; and he lived a retired life. He avoided Kammler, and during his time off he devoted himself to his family and to horseback riding, which he loved. Eirenschmalz was a very just and mild superior, who was willing immediately to help when someone was in a predicament. I believe that Eirenschmalz is an absolutely nice and kind-hearted human being; and I don't believe that he could have known of the commission of crimes let alone that he at any time participated in such things. The fact that Eirenschmalz didn't know anything about it I personally believe is due to the fact that in 1945 I was in charge of the secret file registration office of that Main Office.
In this filing office there was not one single letter which could not have been shown to the public after the end of the war, that is, today.
"In this connection I should again like to stress to point that not one single information reached us, even in the secret matter concerning gas chambers and crematories, assignment of labor of the inmates, or other criminal measures. The documents and files of Office C/6 were placed in a freight train before the end of the war. However, they did not arrive at their place of destination. I know that for certain due to the fact that I also packed part of my belongings with the documents, and they also were lost."
Then you have the certificates and so forth. Then I also have a supplement to Book Number III. It's a short document, an affidavit by one Hugo Fischer. Hugo Fischer was working for the propaganda department of the NSDAP. This document in particular contains certain statements concerning the prerequisites for the issuance of the blood order. I took up this affidavit here only because from the fact that Eirenschmalz was awarded the blood order, the Prosecution deducted that Eirenschmalz in the early years of the SS or of the NSDAP dealt with political matters. In this affidavit, which will be introduced as Document Number 29, it can also Be seen that this blood order was nothing but a small souvenir for the 9th of November 1923 and that the issuance of such a blood order was not based on any political activity but that this was absolutely sufficient for having the person in question here on the 8th of November 1923 participate in the gathering which took place in Munich in the Feldherrnhalle. All he had to do was just stand there. He did not even have to participate in the manifestation. That's all that can be seen from this document. This concludes my introduction of evidence for Eirenschmalz.
THE PRESIDENT: We've made pretty good progress today in getting documents in. We'll continue tomorrow morning as long as it may be necessary. I hope that it will move as well and as swiftly tomorrow and that by tomorrow noon we may see the last of the documents to be introduced.
We'll come in at 9:00 o'clock tomorrow morning instead of 9:30.
THE MARSHAL: The Tribunal will recess until 9:00 o'clock tomorrow morning.
(The Tribunal adjourned until 16 September 1947 at 0900 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Oswald Pohl, et, al, defendants, sitting at Nurnberg, Germany, on 16 September 1947 9930-1630, Justice Toms, presiding.
THE MARSHAL: The Honorable, the Judges of Military Tribunal No. II.
Military Tribunal No. 2 is now in session. God save the United States of America and this Honorable Tribunal. There will be order in the Court.
JUDGE PHILLIPS: Dr. Belzer, what do you have left now?
DR. BELZER: (Attorney for the defendant Sommer) With the Tribunal's permission I would like to submit Supplement III, and Supplement IV to the Sommer Document Book.
JUDGE PHILLIPS: I have Supplement III, but do not have IV.
DR. BELZER: I have several copies with me here, which I could give the court. Supplement IV is only one document.
JUDGE MUSMANNO: Could I get one of III, please?
DR. BELZER: I beg to submit six affidavits contained in Supplements III and IV. They are all interrelated and related to the affidavit submitted by the prosecution as Exhibit 621 in Document Book XXIV, an a affidavit by Sanner. With one exception, they all deal with that affidavit Gerhard Maurer, Chief of Office D-II says that it is impossible for Sanner to have read letters signed, "Karl Sommer" where special treatment for concentration camp inmates was mentioned, because Office D-II had nothing to do with special treatment. Special treatment described by Sanner in his affidavit was never made known to Office-D-II. Maurer on one occasion heard of the existence of a punitive company and, thereupon, at once saw Gluecks and achieved that this punitive company was dissolved.
In the next document, Sommer No. 43, which is Exhibit No. 40, Hans Moser says he was the successor of Maurer as Chief of D-II in the middle of January, 1945. Before that he only deputized while Maurer had been ordered to go somewhere else and he points out that this deputizing for Maurer need not have had occurred at all, if the Defendant Sommer had been Deputy Office Chief of D-II, as the Prosecution alleged, Maurer was absent for only a few weeks anyway.
Sommer, he says, only had a position of an office clerk, but never that of an office chief, D-II had never dealt with any cases of special treatment, and it was therefore impossible that Sanner had read letters where Sommer ordered special treatment.
In the document, which is Sommer No. 44 and which I offer as Exhibit 41, Hermann Pister, the last commandant of Buchenwald confirms that Office D-II on no occasion was concerned with special treatment. Pister also says that the RSHA was the only department which could order special treatment. I would draw attention, in this connection, to Prosecution Exhibit 141 in Document Book V, in which Pister speaks about the question of competence when special treatment was ordered. The affidavit now submitted by me is a supplement and will coincide with what Sanner has said.
Sommer Document No. 45 I offer as Exhibit 42. This is an affidavit by Phillipp Grimm. He was up to the 30th of November, 1942, the labor allocation leader in Sachsenhausen, and he was labor allocation leader in Sachsenhausen until August 31, 1943, and from 1 September 1943 until 1944, he was in Office D-II. He also confirms that Office D-II. had nothing to do with special treatment and that any such order could only come from the RSHA. Grimm also says that throughout the time when he was labor allocation leader he never say any letter from Office D-II signed Karl Sommer.
Document Sommer No. 46, which I offer as Exhibit 43, is an affidavit by Albert Schwarz. He was the labor allocation leader of Buchenwald from 1 November 1942 to 11 April 1945 and he says also that Office D-II on no occasion was concerned with special treatment.
In the Supplement IV I submit Sommer Document 47 which will be Exhibit No. 44, another affidavit by Gerhard Maurer. I asked for this affidavit after the Witness Sanner was cross-examined here about the assertion of Sanner that he had read letters where Sommer named inmates and ordered that these inmates must not be transferred to another concentration camp. Maurer says about that it was possible that in some cases, in two or three cases, Office D-II, by a teletype letter, asked for skilled workers from all concentration camps and that then, if these applications were not referred to again, the camp in question was told that these inmates would not be transferred. It was possible that in one or two cases Sanner saw such letters from Office D-II, but in that case, they were not signed by Sommer. At the most they were signed by Office Group Chief Gluecks.
This brings me to the end of my presentation of documents.
DR. RATZ (ATTORNEY FOR THE DEFENDANT DR. HERMANN POOK):
If the Tribunal please, I believe that my Document Book II has not yet reached the court in English. I have secured a few copies and I would like to submit the English translation now.
JUDGE PHILLIPS: Do you have two document books left to present?
DR. RATZ: Yes, and then I have also Document Book III, which has been translated and is in the hands of the Tribunal.
JUDGE PHILLIPS: Do you have an extra copy in English of III, Document Book III?
DR. RATZ: Yes.
JUDGE PHILLIPS: One.
JUDGE MUSMANNO: I should like No. III, because I do not have it.
DR. RATZ: Before I begin with my presentation of documents, I would like to submit a number of corrections of the English transcript of the 2nd to 8th of July, 1947, concerning the examination of Defendant Pook. There are 31 mistakes in the translation from German to English.
From Document Book II, I should like to submit Document Hermann Pook No. 14, which will be Exhibit 13, and essay from the periodical of German Law from 1936, concerning the protective custody and its legal basis by Tessmer. He was a ministerial counselor in the Gestapo Office in Berlin.
Exhibit No 14, will be Document No. 15, an affidavit by Herber Klischwski, of 26 June 1946. This affidavit, as the following ones contained in my document book, was submitted in the IMT Trial and they were described as SS affidavits.
The next document, Pook No. 16, I offer as Exhibit No.15, an affidavit by Anton Fabian. He was once an inmate in Oranienburg and Sarhsenhausen camps. It is SS Affidavit No 23 in the IMT. Exhibit No. 16 is an affidavit by Otto Weber of 9 July 1946, an SS Affidavit, and it was No. 14 before the IMT. Otto Weber was a Catholic clergyman and since 1942 he was a member of the Guard Battalion of Gusen near Mauthausen.
As Exhibit No. 17, I submit Document Pook No. 18. This is an affidavit by Heinrich Koenig of 6 July, 1946, SS Affidavit No. 15 of the IMT. Koenig was a member of the staff of the commandant of Sachsenhausen Camp from 1940 to 1945.
I then submit an affidavit by Vinzenz Klose of 9 July 1946, SS affidavit No. 21 of the IMT. It is Document Pook No. 19, and I offer it as Exhibit 18. Klose was at first in Gross Rosen with the SS Guard Unit and from January 1942 until January 1945, he was with the SS Central Administration of Auschwitz Concentration Camp. He was the camp administrator of the timber and coal stores.
Exhibit Number 19 is an affidavit by Alfred Tunger of July 1946, Document Book Number 20. I should like to remark here that the English translation of Document Book II is not quite complete yet. Unfortunately a few pages are still missing. A few affidavits and documents have not been translated yet and are not contained in the document book. Because the documents concerned had been translated in the IMT trial, these translations, or at least the still missing pages, I shall submit at the very earliest opportunity. In Tunger's affidavit on page 99 there are one or two pages missing.
Exhibit Number 20 will be an affidavit by Glenner of 26 June 1946. This is Pook Document Number 21, and it is SS Affidavit Number 19 of the IMT. Glenner, a former professional soldier, was employed in the Sachsenhausen-Oranienburg camp. All these affidavits concern the subject of conditions in concentration camps generally.
I now beg to submit a group of affidavits concerning the system of secrecy. Exhibit Number 21 is an affidavit by Richard Schulze of 9 July 1946. It is Document Number 22 and is SS-Affidavit Number 117 of the IMT. Schulze was from October 1942 until December 1944 Hitler's personal adjutant. Exhibit Number 22 is an affidavit of Dr. Hermann Fuerer. It is Document Number 23 and was SS Affidavit Number 63. This, again, I shall have to submit later in the English translation. Fuerer between March 1943 and the end of the war was an officer on Himmler's staff.
Exhibit Number 23 is the affidavit by Leo Flirl. It is Hermann Pook Document Number 24 and SS affidavit Number 22. Flirl since September 1944 was with the commandant's administration in Dachau. Exhibit Number 24 is an affidavit by Gerlach of 7 June 1946. It is Hermann Pook Document Number 25 and SS Affidavit Number 27 before the IMT. Exhibit Number 25 Hoess's testimony before the IMT, given on 15 July 1946. It is Hermann Pook Document Number 26. The translation of this part of the record is not contained in the document book. I should now like to hand the translation to the Court.
As Exhibit Number 26 I offer the testimony by Eberhard von Thadden, which is Document Pook Number 27. This is the official copy concerning the testimony before the commission appointed by the IMT. Thadden was a diplomat in the Foreign Ministry; and since 1943 he worked on the question of intervention by foreign diplomats in Jewish questions. Exhibit Number 27 is Document Number 28 and SS Affidavit Number 70. This is an affidavit given on 28 July 1946 by Erich Kamp and Gerhard Franz. The translation of this affidavit I shall have to submit later on. This affidavit by Kamp and Franz contains extracts from about three thousand affidavits given by former SS members of internment camp Number 23 in Kornwestheim in the summer of last year.
Exhibit 28 is Hermann Pook Document Number 29. These are two quotations which I shall make use of again in my final plea. Concerning the subject of the position of physicians and dentists in the Allgemeine SS, I submit an affidavit by Prof. Heinrich Teidke of 28 July 1946. This is Hermann Pook Document Number 30; and I offer it as Exhibit Number 29.
Finally, about the subject of the Mounted SS, I have testimony again given before the commission of the IMT with the official transcript of 10 June 1946, testimony of the witness Wilhelm Ruediger of Wolkowski. It is Document Number 31 and Exhibit Number 30. This concludes the presentation of Document Book II.
I shall now come to documents contained in Document Book III. Exhibit 31 is an affidavit by Frau Kirchheim. This is Pook Document Number 32. This, as well as the following documents, are affidavits concerned with the defendant's personal character. Frau Kirchheim is the wife of a half-Jew, and she testifies among other things that the defendant Pook did not hesitate as late as 1942 when he was in the street wearing his SS uniform to talk for half an hour with her husband near his own office. A second document is Exhibit Number 32, Document Number 33, an affidavit by Margarete Wege of 3rd April 1947. This concerns the fact that Pook did not discriminate among his patients; he accepted Jews and half-Jews as much as he did everybody else. It states also that the Pook family kept up private and friendly relations with the Kirchheim family.
As Exhibit Number 33 I offer Hermann Pook Number 34, an affidavit by Anna Heinrich, who also testifies that Dr. Pook treated Jews and half-Jews in his practice. She also testifies that she thinks it quite impossible for Pook to be capable of an evil act; he was far too softhearted and was an extremely kind man such as few exist. As Exhibit Number 34 I submit an affidavit by Hildegard Pfeuffer, who also testifies that Pook did not discriminate among his patients. He did not worry whether the man was Christian, Jew, or a half-Jew. Dr. Pook worked always until late at night and did not have the time to do anything politically.
Exhibit 35 is an affidavit by Max Rittner. It is Hermann Pook Document Number 36. He testifies that Pook was an honorable man, above reproach, incapable of immoral or criminal acts. Pook knew that Rittner had been a member of the Social Democratic Party of Germany but nevertheless he kept up friendly relations with Rittner, which he would not have done had he been a fanatic National Socialist. Rittner also testifies that Dr. Pook in October 1940 was drafted into the Waffen SS Division Germania as a recruit.
The next exhibit is 36, an affidavit from England, given by Georg Lattemann, a man who is a prisoner in England and who for thirteen years was a dental technician with Pook. He also testifies that Pook did not treat his patients from the political viewpoint but in a strictly professional sense only. Every patient was received and accepted.
The following documents deal with the question of the dental gold or the processing of the gold when the corpses reached the crematorium in Germany. Exhibit Number 37 is Pook Document Number 38. It is a letter from the cemetery office of Leipzig of 19 May 1947. It says there, and I shall quote one sentence: "Corpses about to be cremated should be free of all metal substances, such as rings or other objects of ornament, dentures or part of dentures of precious metal as can be easily removed from the body."
Exhibit Number 38 is Hermann Pook Document Number 39, a letter from the crematorium at Wilmersdorf of 14 May 1947. It says there that it was not customary but if relatives wanted it done a dentist could remove the dental gold in the case of corpses which were about to be cremated. Exhibit Number 39 is Hermann Pook Document Number 40, a letter from the Municipal Burial Office of Dresden of 16 May 1947. This is a form which must be filled in when a corpse is being brought in to be cremated; and in the first sentence it says this.
MISS JOHNSON: Your Honor, I object to the admission of Hermann Pook Number 40 offered as Exhibit 39. It is an uncertified letter which has been sent to the defense counsel, apparently in reply to an inquiry by him. It is to be found on Page 187 of Document Book III.
THE PRESIDENT: You mean there is nothing to show that it is authentic?
MISS JOHNSON: That's right. It is certified as a literal copy of a letter which he has received; but it is not in the form of a certified statement from the writer.
THE PRESIDENT: It isn't even a signed copy; the signature doesn't appear, does it?
MISS JOHNSON: Apparently what the writer has done is write the letter and then he has included a form; and it looks as if the letter has been signed by one Kanablok. In other words, it is merely a letter to the defense counsel. That's all that this is.
THE PRESIDENT: This same form has been admitted in other documents submitted by Dr. Ratz. There's nothing new in it. I think we'll admit it, as we admit everything, for what it is worth.
DR. RATZ: I shall merely quote from the form the first sentence. "The body to be delivered to the Dresden crematorium should be free of any such metal objects which should not be destroyed in the process of cremation and which are removable by ordinary means." That statement refers to metal objects of every kind, particularly to precious metals, gold teeth, dentures, and the like. I shall refer back to this form when I discuss another document.
Exhibit Number 40 is Hermann Pook Document Number 41, an affidavit given by Dr. Genzken of 23 July 1947. It says that a dentist never deputized for a doctor when he was absent; that therefore a doctor was always represented by another doctor who was next to him in rank; also that a dentist could never give an order to a doctor even if and when the dentist was in a higher agency than the doctor in question.
I shall now submit the documents contained in Supplement I of my document book. Exhibit 41 is Hermann Pook Document Number 42, an affidavit by Colonel of the Police Emanuel Stillfried of Vienna, of 19 July 1947, who as a former inmate confirms the fact that in Dachau concentration camp during the summer months of 1943 the dental treatment given to inmates was relatively good and done with all necessary care. Teeth were extracted in cases of abscess and the inmates were always given a local anesthetic first.
Exhibit Number 42 is Hermann Pook Document 42, which is an affidavit given by Roger, who is a clergyman. He testifies that when a corpse was delivered, the corpse, that is, of a captain in the Luftwaffe, his widow was given a form by the crematorium, and she had to sign this document to the effect that she did not want the gold which could be found on the body. Frau Behrmann understood by this that the dental gold was concerned because the rings and so on, of course, had been removed first.
The affiant goes on to say that proved in his opinion that not only of civilians but also members of the Wehrmacht, even officers, the removal of the dental gold before the cremation of the body was in accord with a general order given to the crematorium in Dresden. The situation probably was that the affiant was thinking of the form which I have submitted before.
Then there is Supplement II to Document Book III. This is an affidavit by Dr. Johannsen, and it is Exhibit Number 43, Hermann Pook Document Number 44. This affidavit, as well as the following, deals with the document submitted by the prosecution in rebuttal, NO-4551, which was Exhibit 724, in which it says that Dr. Pook had been transferred to the medical detachment in the SD Main Office in August 1939. When he was on the witness stand, Dr. Pook denied this and said that this was not true. Dr. Johannsen goes into the details of this. I beg your pardon. It wasn't Dr. Johannsen who talks about this but Dr. Dernietzel. Therefore, the Exhibit Number 43 should be given to another affidavit, the affidavit by Dr. Dernietzel, which is Hermann Pook Document Number 45. Dr. Dernietzel deals with that question, and he comes to the conclusion that the decree mentioned in Document NO-4551 by a mistake or perhaps by a misprint had been wrongly drawn up and that it should have read, "Dr. Pook will be transferred to the Medical Department SS Main Office, Medical Detachment SS Main Office," not SD Main Office.
The affidavit by Dr. Johannsen will be Exhibit 44. It deals with the channels of command in the dental service of the Waffen SS, and at the end it confirms something which I haven't been able to prove otherwise-- that Dr. Pook through the services of Dr. Blaschke was in the autumn of 1944 appointed the dental officer in charge of the Prinz Eugen Corps and that his successor in D/III of the WHA was the then dental officer in charge of the Prinz Eugen Corps, Dr. Wipper. Dr. Johannsen, however, points out that this transfer was not effected because Lolling protested, and he objected to the fact that he was not consulted about the transfer at first.
My final document which I beg to submit is the affidavit by Hans Ehlich. This affidavit was signed only last night. I do not have the translation, but I would be grateful to the Court if I could just read these few sentences verbatim. This is Hans Pook's Document 46 which I offer as Exhibit No. 45. Dr. Hans Ehlich, born on 3 July 1901, in Leipzig says as follows: The affidavit, I might remark, deals also with the rebuttal document referred to before about the transfer of Dr. Pook, and the medical detachment of the SD Main Office. Dr. Ehlich says, and I quote: "From 1 February 1937, until the end of war I was the dental expert, and later on in charge of the Department of Public Health in the SD Main Office, which was later the RSHA Office III. In this position I know from my official work in the SD Main Office that there was never a medical detachment in the SD Main Office. The document which I have refers to NO-4551, Exhibit No. 724, which contains an order of transfer of Dr. Pook to the SD Main Office. I can not comprehend it and it should probably be based on an error. It should be SS Main Office, rather SD Main Office. If, however, it was planned to establish a medical detachment in the SD Main Office, this was never carried out, because the war broke out soon afterwards. I also know that in the arrangements made between the Chief of the SS Medical Office, Dr. Grawitz and the Chief of the Police and SD, to the effect that the medical service for members and units of the Security Police and Security Service of the SD could organize, I never came across the name of Dr. Pook within the scope of my work, but particularly I can testify to the fact that a dentist by that name was never working in the Department of Public Health of the SD." Signed -- Hans Ehlich.
This, Your Honor, is the completion of my presentation.
DR. HEIM: Dr. Heim for the defendant Hohberg. If Your Honor please, I have document book III, and two supplements for document books II and III, Hohberg.
THE PRESIDENT: Dr. Heim, do you have another copy of Supplement No. II, Book 3?
DR. HEIM: Yes, Your Honor. Your Honor please, do you have an English copy of Document Book III?
THE PRESIDENT: Yes.
DR. HEIM: Then I shall begin?
THE PRESIDENT: Yes.
DR. HEIM: The first document in document book III is Document No. 69, which has been offered as Exhibit No. 42. The next document will be Document No. 70, which will be Exhibit No. 67. This is the second contact of consultation between Pohl and Hohberg on 20 August 1943 at the period of time, in other words, when Dr. Hohberg was already with the Luftwaffe. I would like to draw your particular attention to Paragraph 1 of the agreement by which the independence of Dr. Hohberg becomes clear. The next document will be Document No. 71, and I offer it as Exhibit No. 68. This document proves that it was quite impossible for Hohberg to have known of the incidents between the Reichsbank and those agencies which carried out the seizure of Jewish property. I would like to draw attention to Hohberg's statement on the witness stand that whenever a visitor went to the Board of the Reich he was always accompanied by one of the directors of the Reich Bank. That testimony of Hohberg is born out by this affidavit.
The next document is Hohberg's No. 72, and I offer it as Exhibit No. 69. This is a bit out of date now. This document itself says that at no time Hohberg was administrator of the Apolinaris Company, but I offer the document nevertheless in order to support Hohberg's testimony that the Apolinaris Company for reasons of security had been put under supervision at the suggestion of the Reich Ministry of Finance.
The next document is Hohberg's No. 736, Exhibit No. 70. I offer this document for reasons to show that the reliability of Karoly's testimony is not particularly impressive, which becomes clear from this affidavit that what Karoly said about the May case is untrue. The Court will recall that on the witness stand Karoly claimed that the price paid to May by the SS had been adequate, but this document says the opposite of what Karoly said.
The next document is Hohberg's No. 74, and I offer it as Exhibit No. 71. The same thing becomes clear which the first document shows, which says that unlike what Karoly said, Hohberg never took part in the negotiations of purchases in the May case. The Court will recall that on the witness stand Karoly said Hohberg had himself directed these negotiations.
The next document is Hohberg's No. 75, and which is Exhibit No. 72. This is a document disclosing that the witness Karoly when he was interrogated expressed the intention to incriminate Hohberg; for the rest of this document is subordinate.
Now for the next two documents, Nos. 76 and 77, we are not offering.
I offer document No. 78, which will be Exhibit No. 73. This document is the original which shows when Hohberg was arrested by Captain Barker, the British Captain, this document was removed from him in his flat. This shows that Hohberg testified truthfully when he said that he collected material against the SS in order one day to transfer the DWB Concern officially to the Reich. The document also shows from paragraph 1 and paragraph 3, that the total of three million marks was used in order to increase the DWB capital, and this came purely from the Reich funds. With this help of those funds, the DWB, which up to then was an enterprise of the Party, and as such the SS enterprise became the economic enterprise of the German Reich. From that moment onwards the management could not make financial arrangements without consulting the Reich.
The next document is Hohberg's No. 79, which is in the supplement to Document Book III, and I offer it as Exhibit No. 74. This document speaks about Hohberg certificates, about the remuneration of inmate labor, and it has excerpts of opinion of the officials with a refutation on on the question whether the SS would have made any profit, and if it made why would have been put at the disposal of an SS agency by the Reich, and could have been lent to other agencies for a compensation.