the defendant Pohl.
The next document, 4344, deals with another concentration camp, Gross Rosen. I offer it as Prosecution Exhibit 651. It is from the year 1941. It is signed by Heffer, who, as the document shows, was subordinate to the Main Office, Budget and Building, and is addressed to the Main Office, Budget and Building. It is dealing with the erection of a delousing plant at the concentration camp Gross Rosen.
The following document expands on that building program at Gross Rosen. It is 4345, which will be Prosecution Exhibit 652. There is a mistake in the translation of this document in the first paragraph. It refers to the construction of two delcusing chanbers and not to two extermination chanbers, as the translation reads. The translation should be "two extermination chanbers. " These documents are offered to show that the Main Office, Budget and Building,was concerned with buildings matters in the concentration camps at this time.
It is not contended that this particular chamber, which was only ten cubic meters each was in fact an extermination camber.
The next document deals with the same subject matter. It is 4346, and will be prosecution exhibit 653. It is from Heffner of the Main Office, Budget and Building, to the private firm of Feschen-Stebener, which was charged with building the delousing installation.
The last document dealing with Gross-Rosen is 4347 and will be prosecution Exhibit 654, also dealing with the construction of the delousing installation.
THE PRESIDENT: Who wrote this letter, do you know? Chief of Office II?
MR. ROBBINS: I will have to consult with someone who is more familiar with this signature.
THE PRESIDENT: Can you say offhand who was Chief of Office II?
MR. ROBBINS: I am afraid I can't . . .
THE PRESIDENT: Well, all right.
MR. ROBBINS: .... at this date. I left that basic chart in my office.
THE PRESIDENT: All right, don't bother.
MR. ROBBINS: The next document 4464 will be prosecution Exhibit 655, and is a letter signed by the defendant Pohl, dealing with the Budget for construction for the Concentration Camp Auschwitz. On the second page, under item number 10, he refers to a crematorium in the prisoner of war camp, and the first paragraph says,"I herewith approve the building program for Concentration Camp Auschwitz as follows."
The next document also deals with Auschwitz. It is 4472 which will be prosecution Exhibit 656. It is signed by Bischof who was in charge of construction at Auschwitz and is addressed to Amtsgruppe C, and to the Chief of Office III in Amtsgruppe C; and it refers to the prisoner of war camp in Auschwitz and the erection of a three-muffle crematorium furnace.
JUDGE PHILIPS: This is after the WVHA?
MR. ROBBINS: Yes, this deals with the WVHA period.
THE PRESIDENT: Who was chief of C-III.
MR. ROBBINS: Yes, Wirtz (spelling) W-i-r-t-z.
The next document also deals with Auschwitz. That is 4461 and will be prosecution Exhibit 657. There is a mistake in the typing in this document. It is signed by Bischof again, and the initials are "B.I.", not "K.I.", and the subject is Concentration Camp Auschwitz crematorium.
The same matter is dealt with in the following document 4462 which will be Exhibit 658. Again the initials are "B.I." for Bischof. And this letter very significantly is addressed to the DAW which is one of the SS industries and shows that the DAW was designing and constructing certain parts of the crematorium. It states: "The office ..." that is the Chief of the Central Construction Office ..."approves the design and construction on the condition that the door frame measurements of which are not marked on the plan be made of wood," and so forth. It refers to parts for the crematorium 1 at Auschwitz.
The next document is also addressed to the DAW. It is 4466 and will be prosecution Exhibit 659. It is also designed by Bischof and refers to several construction matters that are being carried out at Auschwitz. Under No. 4 a laundry building with reception delousing and bath for prisoners.
Under No. 8 crematoria 1 and 2 for the prisoner of war camp. Under No. 9 crematoria 3 and 4 for the prisoner of war camp. It says, "In the first place, delivery without delay is requested for the doors for crematorium 1 in the prisoner of war camp which is urgently needed for the execution of special measures."
THE PRESIDENT: This is signed by Bischof?
MR. ROBBINS: This is signed by Bischof. The next letter is also from Bischof to the DAW. It is 4465 and will be prosecution Exhibit 660. It refers to the construction of three gas-light chambers or towers, and in the second paragraph it states, "We would remind you of a further order of 6 March '43 concerning the supply of a gas door for the corpse cellar 1." I have had the translation checked, and this is an accurate translation, "Corpse cellar 1 of crematorium 3." And it refers to a peep hole in the crematorium of couble 8 mm glass and so forth. This is also signed by Bischof, the initials "B.I." The last document -
THE PRESIDENT: (Interrupting) Mr. Robbins.
MR. ROBBINS: Yes.
THE PRESIDENT: Can it be shown that Bischof was a subordinate in the WVHA?
MR. ROBBINS: I believe that the document shows that, Your Honor, that he was subordinate to Amtsgruppe C. I will find that specific reference and include it in the brief.
THE PRESIDENT: Well, there is a document where the building construction personnel was split up and allocated to the concentration camps.
MR. ROBBINS: Yes.
THE PRESIDENT: Do you know whether he was one of those who went by reason of that allocation, that assignment?
MR. ROBBINS: I can't say that at the moment, Your Honor. I will determine that.
THE PRESIDENT: That might be significant.
MR. ROBBINS: The next document is from Bischof to the Chief of Amtsgruppe C, Kammler. This is a very significant document, I believe. It is 4473 and will be prosecution Exhibit 661. This is one of the few documents in which the term "gas chamber" is referred to in so many words. That is almost at the end of the first paragraph, they are talking about the construction of a gas chamber. It is also significant that this document is not classified in anyway. It is nor marked "Secret".
The next document also deals with the Concentration Camp Auschwitz. It is a blue print of a sick-bay or sick building for the Concentration Camp Auschwitz, and it is signed by the defendant Kiefer. The Tribunal will recall that Kiefer testified that he never made any diagrams whatever in connection with concentration camps. The legend on the lower lefthand corner is Construction Office -- isn't it -Main Office C-II (dash) 3. This is No. 4470 and will be prosecution Exhibit 662. Oh, this as the legend states is a sick building for Haeftlinge, for inmates.
The second -- or the next document is also signed by the defendant Kiefer.
THE PRESIDENT: Pardon me, just a minute.
MR. ROBBINS: Yes, sir.
THE PRESIDENT: Do you recognize the signature of the Untersturmfuehrer in the left-hand corner?
MR. ROBBINS: No, I am afraid that I don't.
THE PRESIDENT: All right.
MR. ROBBINS: The following document, NO-4471, will be prosecution Exhibit 663. This is also a blue print of a building at Concentration Camp Buchenwald, signed by Kiefer. This is a -
THE PRESIDENT: Auschwitz?
MR. ROBBINS: I am sorry, Auschwitz. This is a sick-bay for the troops. The next document 3985 will be prosecution Exhibit 664. This is a recommendation for promotions signed by the defendant Pohl. It is to the SS-Hauptamt, Personnel Office, and it states that; "Eirenschmalz, at present chief of the Main Division within the Staff of the SS Main Office, Verwaltungsamt-SS, V-5, Construction Department." And on the second page, it says that "Eirenschmalz enlarged the Main Department, V-5, Construction Department, from the very first into a very notable and efficient department." The 1st sentence, it says that he is the owner of the "Blood Medal" which was awarded for those SS-men who took part in the Munich Putsch.
The Tribunal will recall that the defendant Eirenschmalz testified that he couldn't even remember that there was a department V-5.
I think I shall not offer the subsequent document, 3984, an order signed by Hitler bestowing a badge on Eirenschmalz. I don't believe it has any particular significance. I think the reference, however, in the previous document to the "Blood Badge" does have some significance, particularly in light of Eirenschmalz's testimony that he at no time participated in any political activity.
The next set of documents concerns the construction of Barrack X at Dachau. Those are all blue prints of Barrack X, and I think I shall just offer these all as one Exhibit. They have separate NO numbers. That is NO-3884 through 3890, and I will offer these blue prints as Exhibit 665.
THE PRESIDENT: What are those document numbers again?
MR. ROBBINS:NO-3884 through 3890 inclusive. The Tribunal will see that the first blue print 3884 is signed by the Chief of Amt C-1. I don't believe this is the signature of Sesemann there was predecessor of Sesemann in 1942.
The documents somewhere show what his name was. At any rate, this he has signed as the Chief of C-I. As a matter of fact, I see that it is signed "i.V." which would mean that the deputy of the Chief of C-I signed the blue print.
The second document contains the stamp of Office C-III (slash) 3. It is almost cut off of my copy.
THE PRESIDENT: That notation is put on there by the contractor, isn't it?
MR. ROBBINS: The stamp, your Honor.
THE PRESIDENT: Yes, the C-III stamp.
MR. ROBBINS: The translation reads: "Approved and looked over by Amtsgruppe C-III.
THE PRESIDENT: Thiele, is that it?
MR. ROBBINS: T-h-i-e-d-e? T-h-i-e-l-e. Thiele.
THE PRESIDENT: Oh, all right.
MR. ROBBINS: The next document also contains the stamp of C-I, and the subsequent correspondence refers to the construction of Barrack X. The first letter 3859 will be Exhibit 666. This is a letter from Lenzer who was Chief of Office C-V. This is the Central Construction Office at Dachau. 3859 will be Exhibit 666, a letter from Lenzer C-V, dated the 9th of May 1942, and he says, "I give the order for the construction of an X-Hut in the Dachau Concentration Camp."
The subsequent letter is also signed by Lenzer under the legent the Chief of Office C-V. It is 3860 and will be prosecution Exhibit 667, also dealing with the construction of the X-Hut. The last sentence in the letter states, "The necessary prisoners will be assigned through Office C-V by the Chief of Office D-II, Oranienburg."
The next letter, 3863 will be Exhibit 668. I can't make out the signature on this. It is on the letterhead of the Central Construction Office of the Waffen-SS, Munich, Dachau, and it also deals with the construction of Building X.The following letter is another draft.
The first letter was a draft of the 17th of March 1942. The next one is a draft of the 23rd of May 1942, dealing with the same matter.
THE PRESIDENT: The 23rd of April, isn't it?
MR. ROBBINS: My copy says the 23rd of May. That is 3862, Your Honor.
THE PRESIDENT: Yes.
MR. ROBBINS: Oh, I see. There are two dates there. One says, "Drafted the 23rd of April 1942," and over on the other side of the page it says, "Checked Berlin, 23 May 1942." This is 3862 and will be Exhibit 669.
The last document in this book contains the preliminary cost estimate of the Building X at Dachau. This will be 3864 and is Exhibit 370. The last item in the cost estimate is reduction of expenses through employment of inmate labor.
I should next like to offer the documents in Book XXVIII. The first document is NO-4535, which will be Exhibit 671. It is a page from the Trade Register of OSTI and shows that the defendant Volk was a member of the Board of Directors, the proposition which he denied on the stand.
DR. GAWLIK (Attorney for the defendants Volk and Bobermin): Your Honor, I would like to take a look at the original of this document.
MR. ROBBINS: I have just handed the defense counsel the entire Trade Registry for the OSTI.
I should like to point out that the defendant Volk testified on page 5100 of the record that no member of the Staff W was on the Board of Directors and at page 5198 he testified that he did not hold a managerial position in any company that used inmate labor, and at page 5199 he was asked, "In what companies were you on the Board of Directors?" and he said, "I was not a member of any of the Boards of Directors."
DR. GAWLIK: Your Honor, I object to these statements. They belong to the pleadings and I request that they be stricken from the record.
THE PRESIDENT: What do you mean? Do you mean they belong in the argument, in the closing argument?
DR. GAWLIK: Yes, Your Honor.
THE PRESIDENT: Oh, there is no objection to calling our attention to a portion of the record which is connected with this document. That is not argument. It is just so we will be able to relate this document to the testimony in reviewing it.
There is no objection to that, Dr. Gawlik.
MR. ROBBINS: This is 4535, which will be Exhibit 671.
The next document, 4652, is Exhibit 672. It states that the--
DR. GAWLIK: Your Honor, I object to the presentation of these two documents. The document has already been presented as NO-1906, Exhibit 493 in Document Book XIX.
MR. ROBBINS: 493?
DR. GAWLIK: And the other document also.
MR. ROBBINS: I was aware that the next document was Exhibit 493. I didn't know 4652 was in Document Book No. XIX. If it is, I will not offer it at this time.
THE PRESIDENT: Give us the reference number. What is the exhibit number, Mr. Robbins?
MR. ROBBINS: Exhibit 493 - I don't recall what it is. It is in Book XIX and I believe, at least, the next document is at page 90 of Book XIX.
THE PRESIDENT: I am quite sure they have been in the previous books. They sound familiar.
MR. ROBBINS: I know that the next one has.
I will pass then to the report on OSTI dated 13 March 1944, which is NO-4624, which will be Exhibit 672.
DR. HAENSEL: I only wanted to ask that I could take a look at the original.
MR. ROBBINS: I think it has been disputed -- I know it has been disputed that OSTI had anything to do with Action Reinhardt and I believe that this document shows that OSTI did concern Action Reinhardt. An interesting notation is contained on page 5 of the document and the entire document is signed by Dr. Horn. It states that 16,000 Jews and 1,000 Poles were working on OSTI up until the 3rd of November 1943, when they were suddenly withdrawn from OSTI and on the next page a reference is made to the destruction of certain property through the Action on the 3rd of November 1943.
At paragraph 5, it is stated that Pohl had ordered the liquidation of OSTI in November.
MR. ROBBINS: The next document, 4569, will be Exhibit 673. This is a letter from Dr. Horn to the Defendant Baier stating that he is submitting the balance sheet of Osti to Baier in Staff W. This document as well as several of the succeeding documents is offered to prove the connection between Staff W and Osti and that, in fact, Staff W supervised the management of Osti, the proposition that was denied by the defense.
The next two documents were not ready for inclusion in the document book, 4570 and 4571. They are in the German Books, but they are not being offered in evidence, because the English translation is not ready.
I will pass to Document 4572, which is a memorandum for the Defendant Baier. It will be Exhibit 674. This was submitted to Baier by Horn along with the other documents and the last paragraph states, "To the Chief W, submitted with the request for cognizance and so it may perhaps be forwarded to the Revision Department as material for an examination, which is to take place in the future." This is connected with a document which is included in the book at a later point.
The next document, 4573, is the balance sheet of Osti of the 29th of February, 1944, which is referred to in Exhibit 673, as being sent from Horn to Baier. This will be Exhibit 675.
The next document is a document with many questions concerning the operation of Osti. It is 4574 and will be Prosecution Exhibit 676. This, as the questions and answers show, is a memorandum which corresponds to Exhibit 674. 674 contains the answers to the questions enumerated in Exhibit 676.
And the next document, Preliminary Balance Sheet of Osti, 2382 --- The next document is a balance sheet of Osti, which is referred to in the correspondence with Baier which has already been submitted, and it will be exhibit 677, NO-2382.
The next letter from Horn to Baier, 2382B, will be exhibit 678. It deals in great detail with the operation of the glass factory of Osti and about the middle, just below the middle of the second page is a statement that as the SS members are no longer needed, they are sent back to the personnel office of the WVHA, if there are no other orders from the WVHA. The Tribunal will recall that the Defendant Fanslau testified that the WVHA testified that the WVHA sent no personal establishment in connection with the Osti.
The next document, which is 23820, will be Exhibit 679. This is a letter from Baier to Horn, dealing with the report on the operation of Osti. It is stated that it has been decided that the Osti is not to be transferred to Litzmannstadt and the liquidation of Osti is dealt with in the letter.
The next document is a part of the correspondence between Horn in Staff W and is addressed to the Chief of the WVHA and to Dr. Volk and contains the initials of Dr. Volk and refers to the balance sheet of the 31st of December, 1943, which is the next document following.
2382D will be Exhibit 680 and the balance sheet, which is 2582E will be Exhibit 681. Here again the withdrawal of the labor force on the 3rd of November, 1943, is referred to and that 16,000 Poles were withdrawn.
THE PRESIDENT: What's that?
MR. ROBBINS: That is 2382E, Exhibit 681.
THE PRESIDENT: Is that 681.
MR. ROBBINS: Yes. I might say, I'm having an index to these document books prepared so I think it will be easier to deal with.
The next is 2382F, which will be Exhibit 682, from Baier to Mauer and he states that he is worried about the things that are coming across his desk concerning Osti.
The next letter is from Horn to Baier. It is 4512 and will be Exhibit 683, also dealing with the operation of Osti. The court will recall that the Defendant Baier testified that he had one or two of those letters in the correspondence between himself and Horn and that they dealt mostly with matters of furniture and personnel
DR. GAWLIK: Your Honor, I object to all these document, because these documents are contained in our document books and consequently we are unable to follow the presentation by the prosecution here.
MR. ROBBINS: I believe it is in there.
DR. GAWLIK: Your Honor, I just heard that the supplements are not here, A,B,C,D, they are not contained in our document books.
MR. ROBBINS: I am pretty certain that the German books are complete.
DR. GAWLIK: Well, Your Honor, the numbers are not correctly described so that for the time being we are not able to follow the presentation. We have to check whether the documents are available here.
THE PRESIDENT: It is time for the recess anyway, and you can check it during the recess.
THE MARSHAL: The Tribunal will recess for 15 minutes.
(A recess was taken)
THE MARSHAL: The Tribunal is again in session.
MR. ROBBINS: May it please the Tribunal, the defense counsel wish to put the witness Staminger on the stand because he needs to return to Munich, and if it meets with the approval of the Tribunal, we can interrupt the presentation of documents and put the witness on the stand.
THE PRESIDENT: What witness?
MR. ROBBINS: Staminger for the defendant Tschentscher.
THE PRESIDENT: All right, do it now.
MR. ROBBINS: I should like to say before we leave these books that there are, it appears, two exhibits missing from the German books, and I will withdraw the offer of those documents. Those are Exhibits 677 and 680.
THE PRESIDENT: You mean you will offer them later?
MR. ROBBINS: I don't believe I will, Your Honor. I don't think I will have time to have them copied and mimeographed.
THE PRESIDENT: 677 and 680?
MR. ROBBINS: 677 and 680.
DR. VON STAKELBERG (For the defendant Fanslau): If the Tribunal please, this morning I heard that the witness Steiner, formerly the commanding officer of the Viking Division, has also arrived here. I have not yet had the opportunity of talking to Steiner, but I would be quite ready to call Steiner without talking to him first or perhaps after talking to him for only five minutes outside in the corridor. If the Tribunal wishes this, we could have Steiner immediately after Staminger so that we have a complete picture.
THE PRESIDENT: You may do whichever you like, Dr. von Stakelberg. Call him right after this next witness or possibly, if you want to talk to him during the noon recess, we'll hear him right after lunch. Do whichever you like.
DR. VON STAKELBERG: Yes, I believe that the next witness will take roughly until lunch so that we can have Steiner immediately after lunch.
THE PRESIDENT: All right.
DR. PRIBILLA (For the defendant Tschentscher): If the Tribunal please, I should like to call the witness Staminger to the witness stand.
(GEORG STAMINGER, a witness, took the stand and testified as follows:)
THE TRIBUNAL (JUDGE PHILLIPS): Raise your right hand and repeat after me:
I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing.
(The witness repeated the oath.)
You may be seated, please.
DIRECT EXAMINATION BY DR. PRIBILLA:
Q. Witness, will you please give the Court your full name?
A. Georg Staminger.
Q. When and where were you born?
A. In Ansbach in Central Franconia on 25 May 1920.
Q. What were you in civilian life.
A. I was a government inspector.
Q. You were a government official, were you?
A. Yes.
Q. And a civil servant?
A. Yes.
Q. Were you a member of the Waffen SS?
A. Yes.
Q. Since when were you a member of the Waffen SS, and were you active or in the reserve?
A. I was in the reserve since 23 October 1939.
Q. Were you a member of the SS Division Viking?
A. Yes.
Q. Since when?
A. Since January 1941.
Q. Until when?
A. Until 17 December 1942.
Q. Witness, will you please make a brief pause after my question until the interpreter has finished translating them? What was your position in the SS Division Viking?
A. I was an auditor.
Q. What did you do?
A. I had to look after the supplies of the company and turn over the pay to the comrades. I should like to emphasize here that I did this only for the company.
Q. For what company?
A. For the 1st Company, the supply services.
Q. Who was in charge of the supply column?
A. The man in charge was the then Sturmbannfuehrer Tschentscher.
Q. Who commanded the whole supply battalion?
A. The commanding officer there was Fanslau.
Q. Witness, are you working today?
A. Yes.
Q. Are you married and have you any children?
A. I am married and have one child.
Q. Have you been denazified yet?
A. I have not yet been denazified but I have been served with the indictment by the Public Prosecutor. I have been indicted under Group 3 and have put in for amnesty under the youth regulations.
Q. You mean the prosecution themselves have suggested that you come under this amnesty?
A. Yes.
Q. Witness, before I talk about the actual subject matter, I want to know one thing. Are you under any sort of pressure or are you afraid of anybody if you give your testimony truthfully here before this Tribunal?
A. No.
Q. I want to put something else to you. You have sworn an oath and you know the sacredness and importance of an oath?
A. Yes, I'm aware of that.
Q. You also know that perjury will be heavily punished?
A. Yes, I am aware of that.
Q. Now, look here. You are back in a professional career; you are married; you are the father of one child; and you have every prospect of being denazified soon. You are aware of the fact that by perjury you can jeopardize your chances?
A. Yes, I am fully aware of that.
Q. I also assume that you would not be anxious to have a man who has committed a crime and perhaps murdered somebody else protected and prevented from having just punishment reach him?
A. No, I'm not anxious to have that done at all.
Q. On the other hand, I assume that you are aware of the fact that this Tribunal has the right to decide on the life and death of these defendants?
A. Yes, I am aware of that, too.
Q. You know what the important point here is?
A. Yes.
Q. Witness, do you know the defendant Tschentscher?
A. Yes.
Q. You were together with him for 4 period of time when he was at the Russian Front, or with the Viking Division?
A. Yes, I was there throughout that period of time from the begining of my service until its end. I was then with the First Company of the Supply Column.
Q. Tschentscher left the Battalion the end of 1941.
A. Yes, he left then.
Q. Witness, please tell us very openly how your attitude was towards Tschentscher, your personal attitude?
A. I myself once had dispute with Starm baumufuehrer Tschentscher before the Russian Campaign opened. Since that period of time we did not and were not on very good terms. Tschentscher got me nervous, and I avoided him as much as possible and as much as I could.
Q. You mean between you and Tschentscher there was tension?
A. Yes, indeed there was.
Q. Witness, will you please tell me very clearly whether at any time furing the Russian Campaign you experienced the fact that Tschentscher became guilty of any excesses against a civilian person, or Pu's, No matter whether they were Ukranians, Poles or Jews, or anybody?
A. Throughout that period of time when I was a member of the Supply Battalion, I heard nothing of such excesses, nor did I hear anything within the company. Never was a word said about it, nor didd I see any thing myself.
Q. Were you frequently near Tschentscher, or in that vicinity?
A. As an administrative official of the Company I had my office always next to the one of my boss Tschentscher, as soon as we had taken up any billets there. That was usually the case; that is because the supply battalion, as soon as the supplies reached their company, took up billets, and remained there for several days in order to supervise the distribution of the units.