Your Honor, I have been told that now Volume I of the Pohl document book has reached the hands of the Tribunal. I therefore would like to use the opportunity to submit the documents contained in this document book to the Tribunal.
MR. ROBBINS: May I inquire of Defense Counsel how many other document books will be presented so that I can bring all of them up?
DR. SIEDL: The document book which I have now is Volume I, then two smaller supplement volumes will be submitted, and there will be two independent documents as an addition to that which were found in one of the boxes which were put at our disposal by the Prosecution. Altogether there are approximately thirtyfive documents, and their presentation will not take up very much time.
THE PRESIDENT: You were beginning inquiring of other counsel Mr. Robbins. How many other counsel have document books ready to present?
DR. GAWLIK: Dr. Gawlik for Defendants Volk and Bobermin.
Your Honor, there is some unclarity whether you are only referring to today or whether you are referring to the entire time. I hove only three more document books for the Defendant Bobermin and one more for the Defendant Polk however, they have not yet been translated up to today, although the first books were already turned into the Translation Department six weeks ago.
THE PRESIDENT: Have you any that are ready now? Are any of your books ready now?
DR. GAWLIK: Your Honor, I have not received the English Transition yet. I don't know whether they have reached the handes of the Tribunal. I have just discovered that the Prosecution hasn't received the English translation of my document books yet either.THE PRESIDENT: Now, if you will all listen I will tell you the books that we now have, that I have before me, and then you can determine how many are missing. There is Pohl Document Book No. II; Pook No. I; Tschentscher No. I; Klein Supplement, three documents and Klein Main Document Book; Volk No. I; Vogt Supplement No. III; Fanslau I and II; Geog Loerner I; Scheide I; Schiede II; Scheide Supplement, Supplement II; Frank; Scheide Supplement No. I; Brier Book No. II; Hans Loerner No. I; Eirenschmalz No. I Pook No, III; Sommer No. II; Somner Supplement II and III; Baier No. I; Kiefer Supplement No. I; Mummenthey Document Book I; Mummenthey Document Book II; Mummenthey III; Mummenthey, Supplement I, that I have.
DR. SEIDL: Dr. Siedl for the defendant Oswald Pohl.
The General Secretary had informed me that Volume I of the Pohl Document Book must also be in the hands of the Tribunal in several volumes.
THE PRESIDENT: We have it.
DR. SEIDL: May it please the Tribunal, could I begin now?
THE PRESIDENT: We have No. II
DR. SEIDL: However, according to what the Secretary General told me you must also have Document Book No. I.
THE PRESIDENT: Well, all right, we will look for it. We will find out. Well, all right , we have got to find Pohl Book No. I then. He will find out and tell you this afternoon Whether we have it or not.
DR. SEIDL: Well, could I begin immediately with the presentation of the documents?
THE PRESIDENT: In a minute, as soon as we find out what books are missing. I am trying to find out what document books are together now. What other counsel have document books that I did not read here of that I did not speak of?
DR. FROESCHMANN (Counsel for defendant Mummenthey): Document Book IV is still missing, and the Supplements II and III.
THE PRESIDENT: Now we have Books I, II, III and Supplement I. Now, what's missing?
DR. FROESCHMANN: Document Book No. IV is missing and Supplements II and III.
THE PRESIDENT: All right. We will try to find them.
DR. VON STEIN ( Counsel for Defendant Eirenschmal): Your Honors, for Eirenschmal, Document Book No. II is missing.
THE PRESIDENT: All right.
DR. SCHMIDT (Counsel for Defendant Vogt); Your Honors, in the case of Vogt, the translation of Supplement II and IV is still missing
DR. BELFER (Counsel for Defendant Sommer): Supplement No. IV is missing which consists of one document. In this connection I would like to state, Your Honors, that my Supplement II which I mentioned before, had already been presented.
THE PRESIDENT: All right. It's here.
DR. BELFER: Then I only have to present Supplement No. III which I have and, therefore only No. IV is still lacking.
DR. HAENSEL (Counsel for Defendant Georg Loerner): Document Book No. II is missing and a very small supplement.
THE PRESIDENT: I didn't hear you. Book II?
DR. HAENSEL: Document Book No. II and a very small supplement.
DR. RATZ (Counsel for Defendant Dr. Hermann Pook): Document Book No. II is still missing. Document Book III has been translated, however, I would like to present the documents together with those contained in Document Book No. II.
THE PRESIDENT: Which book is not here?
DR. RATZ: Document Book No. II.
THE PRESIDENT: Well, do you have Document Book III; too, also?
DR. RATZ: Yes, it has already been translated -- yes.
DR. GAWLIK (Counsel for Defendants Dr. Volk and Dr. Bobermin): For the Defendants Volk and Bobermin, Document Books I, II, III, are still missing.
THE PRESIDENT: Of both defendants?
DR. RATZ: Yes.
THE PRESIDENT: I, II, III.
DR. HEIM (Counsel for Defendant Hohberg): For the Defendant Hohberg; Document Book III and the Supplement to this document book consisting of one document are still missing, Document Book No. I, II, and the supplement to Document Book No. II have already been presented.
THE PRESIDENT: Only Book III and one document are missing.
DR. HEIM: And one supplement consisting of one document.
THE PRESIDENT: Anyone else?
DR. SEIDL (Counsel for defendant Pohl): For the Defendant Pohl, Document Books I, III, and the supplement are lacking.
DR. RAUSCHENBACH (Counsel for Defendant Frank): In the case of the Defendant Frank, Document Books No. II and III are still missing.
Your Honors, at this time I would like to make a suggestion. IN order to avoid wasting time of the Tribunal up until the various document books have been found which have just been mentioned, I request that I may examine the Defendant Frank with regard to the documents which have been presented today by the prosecution. For this reason I would like to call him to the witness stand at this time.
THE PRESIDENT: I want to finish what I am doing here. Are there any others -- any others now that are missing? Everybody has spoken?
Just a minute.
I don't find any additional document books so that the list that I have made is the true list of the missing document books.
DR. HAENSEL: I would like to draw the attention of the Tribunal to the fact that, unfortunately, not all of my colleagues are present and it seems to become evident from a notification that Dr. Pribilla has apparently another book to submit for the Defendant Tschentscher.
And Dr. Hoffman's has been completed? There is still somebody else. Fritsch? That is settled, too.
May it please the Tribunal, could I ask the defendants if there is still a document book missing?
THE PRESIDENT: Possibly Dr. Pribilla?
DR. HAENSEL: Probably there is one additional one.
THE PRESIDENT: Well, go ahead Dr. Seidl, with your document.
DR. SEIDL (Counsel for the defendant Oswald Pohl): Your Honors, Document Book Volume I, is not quite complete because the translation Department did not translate the index which was included in the German text. However, the documents have continuous numbers so that I will be able to present these document books without any difficulty. The first document is Pohl Document No, I and it is an extract from the transcript of the International Military Tribunal about the examination of the Witness Rudolph Hess, which took place on the 15th of April, 1946. In the German text, the examination --
THE PRESIDENT: Wait a minute. You are talking about Document 1, Document No. 1?
DR. SEIDL: It is Document No. 1 It is a -
THE PRESIDENT: I haven't got it. The first document in your book is an affidavit of Maurer.
DR. SEIDL: Your Honors, it has unfortunately happened repeatedly that the Translation Department did not translate extracts which are contained in the record of the I.M.T. Consequently, it is very difficult for the defense to use the statements of witnesses in other trials.
THE PRESIDENT: Well, this is Document Book II you are reading from now.
DR. SEIDL: This is the Document Book No. I. The first document which is apparently contained in the book, Document Book I, is an affidavit by Gerhard Maurer.
THE PRESIDENT: But you told me that Pohl Books I and III are missing. Is that I?
DR. SEIDL: That is Document Book I.
THE PRESIDENT: Then Book No. I is not missing. What is the number of this book?
DR. SEIDL: That is Document Book No. I.
THE PRESIDENT: Now, what books are missing?
DR. SEIDL: Apparently, only Books II and III are missing.
THE PRESIDENT: You told me I and III.
DR. SEIDL: I said that, your Honor, because you told me before that the Tribunal had Book No. II in their hands. Apparently, this was caused by the fact that the first document in the book has been designated "Pohl Document No. 2."
THE PRESIDENT: That is right. That means it was my mistake and then you added a mistake so let's start all over again. Book No. I?
DR. SEIDL: Yes, your Honor. In this Document Book I, this book begins immediately with Document No. II, Pohl. This is done for the reason because the Translation Department did not translate the extract about the examination of Rudolph Hess before the I.M.T. This seems to be a generally prevailing difficulty. This is an examination which took place on the 15th of April 1946 and I suggest that the Tribunal should take judicial notice of this examination of Rudolph Hess.
THE PRESIDENT: All of this testimony or is there some part of it that you want to direct our attention to?
DR. SEIDL: I myself only included an extract of that in the German text. However, it would be recommendable if the Tribunal could study the entire testimony.
THE PRESIDENT: A nice job for next winter. What page have you quoted from? Have you got the transcript page?
DR. SEIDL: It is the examination of the 15th of April, 1946, that is in the German text. It is on page 7797. The examination took place in the morning session. This will make it more easy to find the excerpt.
DR. SEIDL: My quotation is 8 pages long.
THE PRESIDENT: All right. We will read it in English from the original transcript.
DR. SEIDL: I then want to present Pohl Document No. 2. This is an affidavit by SS-Standartenfuchrer Gerhard Maurer of the 11th of July, 1947. This will become Pohl Exhibit No. 1. This affidavit by Gerhard Maurer contains a comment with regard to two documents presented by the prosecution and this is Document 2327 which was presented by the prosecution as Exhibit No. 75.
The other document is Document NO-1201which was presented by the prosecution as Exhibit 146.
I am now comint to Pohl Document No. 3 which is located on page 26 of the document book. You can find the numbers of the pages on the right hand side. I submit this document as Pohl Exhibit No. 2. This is a decree by the Reich president for the protection of people in the State of the 28th of February, 1943. This is a fundamental decree which became the legal basis of the so-called "Protective Custody Orders" and this is immediately connected with the activities of the R.S.H.A. and it also touches the tasks of the defendant Pohl and those of the WVHA. It only touches these tasks very slightly.
I want to point out that this decree was issued by the Reich President von Hindenburg. This was done by Article 48 of the Weimar Constitution.
I an now coming to page 27 of the Document Book and I want to present Pohl Document No. 4 which will become Pohl Exhibit No. 3. The contents of this document are the laws concerning the Secret State Police of the 10th of February 1936. The Defendant Pohl has referred to this decree in the course of his examination in the witness stand.
Paragraph 3 of this document shows -- and so does paragraph 2 -that the execution of all State Police tasks was to be carried out by the Secret State Police in Berlin.
The next document I want to present is Pohl Document No. 3 which will become Pohl Exhibit No. 4. It is located on page 29 of the document book. This is decree for the carrying out of the law concerning the Secret State Police of the 10th of February, 1936.
I want to quote from paragraph 2 first; "The Secret State Police administrates all the concentration camps of the State." The Defendant Pohl, in the course of his examination in the witness stand, has also referred to his decree.
The next document which I want to submit to the Tribunal is an article of the Government Director in the office of the Secret State Police at Berlin, Dr. Werner Best, which is located on page 3 of the document book.
Pohl Document No. 6 I want to present as Pohl Exhibit No. 5, on page 35. I only want to read one sentence from the article. I quote: "The Secret State Police administers the concentration camps of the State through the Inspectorate of the Concentration Camps which is affiliated with the office of the Secret State Police."
I am now coming to the Pohl Document No. 7 which is on page 36 of my document book. This is a decree concerning the treatment of property belonging to members of the former Polish State. It was signed by Reichs Marshal Goering in his capacity as a president of the Ministerial Council for Reich Defense and as a Commissioner of the Four Year Plan. I want to offer it as Pohl Exhibit No. 6. It is one of the document which are to show that the WVHA did not have the authority to carry out seizures but that the authority to carry out seizures was given to other authorities like, for example, the Minister's Council for the Defense of the Reich.
The same applies to Pohl Document No. 8, which is located on page 38 of the document book. I want to offer it as Pohl Exhibit No. 7. This document also refers to the question of what authorities and agencies had a right to carry out seizure measures in the occupied territories. This is a decree by the President of the Council of Ministers for the Defense of the Reich and Commissioner for the Four Year's Plan of the 12th of June, 1940, about the establishment of the Main Trustee agency in the East. The man in charge of this Main Trusteeship agency in the East was the Witness Winkler, who has appeared before this Tribunal. This document will become Pohl Exhibit No.7.
I am now coming to page 40 of my document book. Here we have a special dilivery letter of the Foreign Office of the 31st of July, 1942. This is a special devivery letter and it will become Pohl Document No. 9, which I offer as Exhibit Pohl No. 8. This document also meals with the question of the seizure of property in the occupied territories. In particular it deals with the treatment of the Jewish property abroad or foreign Jewish property in the Reich. This document is also to show that the WVHA was not in any way connected with these legal question. This becomes quite clear on page 41 of the Document Book where I want to quote from Paragraph 2. I quote:
"The Foreign Office, in agreement with the Reich Security Main office, therefore, consider it the only way to come to a quick and find settlement and to avoid limitless chain of difficulties and separate controversies-if the Reich and the foreign states renounce mutually, as a matter of principle, all claims to the sequestered fortunes of their respective Jews who live abroad."
From this letter nothing becomes evident to the effect which would lead to any participation of the WVHA, but it is rather shown quite clearly that all these questions were dealt with and settled by other agencies.
I would like to add, Your Honor, that this document is a document which was submitted in the trial before Military Tribunal No. 3, in the so-called Justice Trail and that the existence of this document became known to me through this trial.
I am now coming to Pohl Document No. 10, which is located on page 43 of my document book. This is the Thirteenty Decree for the Reich Citizenship Law of 1 July 1943. I Want to offer it as Pohl Exhibit No. 9. This decree was issued by the Reich Minister of Finance, and the Reich Minister of Justice. This decree does not stand in connection with the activity of the WVHA or any other organization.
The next documents will deal with the labor allocation questions. On page 45 of my document book, as Pohl Document No. 11, I have reproduced the decree of the Fuehrer concerning a plenipotentiary for the utilization of labor of the 21st of March 1942. I want to offer this decree as Pohl Exhibit No. 10. The reason why included this decree in the document book is the fact that Gauleiter Sauckel at the same time was appointed Plenipotentiary General for the allocation of Labor. When the Defendant Oswald Pohl was charged with the ministerial direction of the labor allocation of inmates.
I am now turning to Pohl Document No. XII, which is contained on page 46 of my document book. This is a decree about the carrying our of a Decree of the Fuehrer concerning a Plenipotentiary for the Utilization of Labor of the 27th of March, 1942. I wait to offer this decree as Pohl Exhibit No. 11.
The next document which I ask the Tribunal to look at is Pohl Document No. 13 and it is contained on page 48 of my docu ment book.
This is an article by the State Minister in the Prussian Ministry of Justice of the 13th of September, 1940, about the work assignments and penal administration. This editorial was contained in an official publication of the German Reich Ministry of Justice. This was the Weekly Journal No. 37. I want to offer this document as Pohl Exhibit No. 12.
I am now turning to Pohl Document No. 14. It is located on page 51 of my document book for the Defendant Pohl. This is an extract of the Penal administration Law, which was an official special publication of the German Justice Administration. It was No. 21. With regard to this Penal Administration Law in my final arguments for the Defendant Pohl, I shall comment on this law and I know offer it as Pohl Exhibit No. 13. Very detailed laws are contained here about the working hours and about the insurance regulations and things of that sort about people in protective custody.
I am now comeing to page 54 of the document book for the Defendant Pohl, which is Pohl Document No. 15. This document deals with the question of the capacity of the Defendant Pohl as the Chief Judge. This is a decree from the Main Office SS Courts of the 1st of July, 1942, which was published in the official gazette of the Waffen SS. It bears the heading and I quote, "Competence of the Hegher SS and Police Leaders as Judges for the members of branches of the Main Office." The contents of this document show quite clearly that the Defendant Oswald Pohl was a judge only for the members which belonged directly to his main office. I want to offer this document as Pohl Exhibit No. 14.
Pohl Document 16 is contained on page 55 of the document book. It is an affidavit by Standartenfuehree Gerhart Maurer It bears the date of 3 of July, 1947. The Tribunal knows that Maurer was the Chief of Office Group D and he was in charge of the office which directed the labor allocation of inmates on the ministerial level.
The contents of this affidavit soon to have considerable probative value and I want to offer this document as Pohl Exhibit No. 15. I only want to make a very few comments on this document.
In paragraph 1, the affiant testifies about the positions which he occupied in the administration of the SS at the various times.
In paragraph 2, he deals with the description and purpose of the incorporation of the Inspectorate of the Concentration Camps into the WVHA, where he gives detailed reasons why this was done.
Paragraph 3 gives a description about the activity of the Defendant Oswald Pohl in his capacity as Chief of of the WVHA with regard to the labor allocation of inmates and the administration of the concentration camps.
Paragraph 4 contains a description about the reports and ordnances which were dealt with by Office D-II, which were received by Office D-II at regular intervals and Submitted to the Chief of the Main Office, Pohl.
Paragraph 5, the affiant deals with the question of what effect the incorporation of the Inspectorate of the Concentration Camps, which was carried out by Himmler's Order of the 3d of March, 1942, had on the organization of the NVHA and the organization of the Inspectorate.
In paragraph 6, the affiant deals with the position--of tho RSHA.
And in paragraph 7, the affiant reproduces the order which was issued by Himmler to the Higher SS and Police Leaders. This order referred to the administration of the camps.
I am now turning to page 59 of the Document Book, which contains Pohl Document No. 17. I want to offer this document as Pohl Exhibit No. 16. The subject of this document is an affidavit describes the expert diagnosis with regard to the so-called food experiments, a field in which Professor Kurt Gutzeit has a special knowledge. I want to refer in particular to Paragraph 2 of the affidavit where the witness and expert deals with the contents of Document NO-203, which has been presented by the prosecution.
THE PRESIDENT: Don't bother reading this affidavit, Dr. Seidl. We can read it. It concerns the food experiments.
DR. SEIDL: I did not intend to read any part, but I was just coming to the next document.
THE PRESIDENT: Good.
DR. SEIDL: The next document is Pohl Document No. 18. It also deals with the question of these experiments and I want to offer it as Pohl Exhibit No. 17. I shall not read any part of it.
The last document in this Document Book No. I is an affidavit by the vice- president Dr. Hoepker and this is Pohl Document No. 19, which I offer as Pohl Exhibit No. 18. I do not intend to read any part of this document and I request the Tribunal to take judicial notice of it.
This concludes my presentation of evidence which contained in Pohl Document Book No. I. I would be grateful to the Tribunal if steps could be taken to the effect that by the 15th of September, 1947, the Document Books II and III and the Supplemental Volume could be completed, as for as the translation is concerned.
THE PRESIDENT: I am quite agreeable. I'd be perfectly willing to have them complete at any time. You don't need my consent, but I can't translate it.
DR. RAUSCHENBACH (ATTORNEY FOR THE DEFENDANT AUGUST FRANK): Your Honor, I now would like to call the Defendant Frank to the witness stand.
THE PRESIDENT: Now what do you propose to cover in this examination.
DR. RAUSCHENBACH: Here I am dealing with the documents which were contained in the Prosecution Document Books XXVII to XXXI, as far as they concern the Defendant Frank. These document have been presented during the last few days by the Prosecution.
DR. HAENSEL: Karl Haensel for Georg Loerner-
THE PRESIDENT: Wait a minute. I am all tied up with Frank for a moment. Just a minute, Dr. Haensel. Will you just-
DR. HAENSEL: I just wanted to set up a program, a program for this afternoon.
THE PRESIDENT: Well, we've got a little time yet. Sotzen Sie sich. Is Frank just going to go on the stand and repeat the denials that he has already made?
DR. RAUSCHENBACH: No, Your Honor, but he is going to comment on the documents which have been presented by the prosecution. He wants to make them documents comprehensible to the Tribunal in the sense which I shall explain them in my final arguments.
THE PRESIDENT: Well, I mean he is just going to deny now natters that have arisen in these document books?
DR. RAUSCHENBACH: Yes, Your Honor.
THE PRESIDENT: Well, be sure that you confine your testimony to the new matters that you have not already testified to.
DR. RAUSCHENBACH: Yes, Your Honor.
REDIRECT EXAMINATION BY DR. RAUSCHENBACH:
DR. RAUSCHENBACH: Witness, I want to remind you that when you testify today you are still under oath which you have already given here when you were called to the witness the first time. Q The prosecution in Document Book No. XXVII, as Dxhibit Nos. 645 to 648--those are Documents 4364, 4366, and 4780-
Q The prosecution in Document Book No. XXVII, as Dxhibit Nos. 645 to 648--these are Documents 4364, 4366, and 4780-
THE PRESIDENT: I just got the book. What is the Exhibit Number?
DR. RAUSCHENBACH: These are Exhibits No. 645 to 648.
Q Here we are talking about the approval for construction material as for as the construction of barracks is concerned. Witness, how were you brought in connection with the approval for the funds for the construction?
A That was an exceptional case. I can still recall it now. At that time a telephone call came from Buchenwald and we were told that a large number of inmates was expected which could not be accommodated. They told me that they immediately had to establish emergency barracks and needed funds in order to do that. I want to remind the Tribunal that in 1938 we were working under a so-called peacetime budget, that is to say, only those funds could be spent which had been contained in this peacetime budget. In order to be able to construct these barracks, Buchwald had to receive certain funds. At the time I made a telephone call to the Reich minister of Finance and I inquired there and by means of a teletype I passed on the approval for this construction project, because I had nothing to do with the construction itself, but it was just the approval for the funds. Why these 12,000 inmates were sent to the camp I don't know. However, I believe it had something to do with the occupation of Austria, because this happened a few weeks later. I don't think this can be brought into connection with the 9th of November, 1938, as the Prosecution has alleged.
Q Does this approval for construction funds for the barracks have anything to do with the following document, which is Exhibit 649 where the approval for funds for the construction of an emergency crematorium has been mentioned?
A No, it doesn't have the least thing to do with it. The same request of 1938 for this crematorium I saw in the same document book once more with the same amount of money and with the same reasons given there in 1940. Apparently it must have been disapproved in 1938. However, I can't give you any information about the question. I did not deal with that question.
Q. In Document Book No. XXVIII contains Exhibit 689, it is No-3722, and this is the agreement about the creating of a loan of 30,000,000 -
THE PRESIDENT: What Exhibit Number, Doctor?
DR. RAUSCHENBACH: It is Exhibit 689. It is in Document Book XXVIII.
Q Witness, what connection did this agreement have with the Reinhardt Action?
A There was no connection at all. The agreement confirms what I have already stated in my testimony in this witness stand, namely that the agreement does not refer at all to the Action Reinhardt. Now in the rebuttal the prosecution has submitted this agreement. It can be concluded from this that the agreement did not contain any secret clauses. It was quite open and public and it begins with the word, "The German Reich grants to the DWB." Therefore, this confirms my statement that it was a quite correct agreement where a location was granted on the part of the Reich to the Special DWB Enterprises.
Q Witness, I am now coming to Document Book No. XXX and I only have a question here in order to clarify something with regard to Exhibit 708. This is Document Book No. XXX, Exhibit 708. This is a letter of the Reichsfuehrer SS to the Defendant Pohl. In the English text in the document book and in the German, there is a file note printed, which states, "Dr. Frank." Did you have anything to do with that?
A No, apparently this is the Governor Frank. I had nothing to do with this document. I was not a doctor, either. I did not have a doctor's degree.
Q And you did not carry out any functions in the Field Headquarters of the Reichsfuehrer SS?
A No, never.
Q In Document Book XXXI we have Exhibit 711. This is Document NO-1592.
THE PRESIDENT: What number?
DR.RAUSCHENBACH: It is Document Book XXXI, Exhibit 711.
Q On page 3 of this document it is shown that in March 1933 you were entrusted with the management of the administrative affairs of the concentration camp Dachau. It is stated here, "The SS Man Frank is being charged with the conducting of the business affairs." How can you explain this letter?
A I must make one sentence here. As I have already stated on the witness stand, in 1933 I was employed on a full time basis by the SS. This must have been in the last days of March, but I didn't know it at the time I testified. I think I stated April.
At the time I was announced as a simple SS man. I only stayed in the administrative office for two or three days at the most and then I was told that I was to go to Dachau and that I was to establish the books. There was an expert needed there to establish the books which would take a few days. I went out there and at Dachau I found a concentration camp for the first time in my life.
THE PRESIDENT: He has testified to all this exactly before. This is just what he said before.
DR. RAUSCHENBACH: Your Honor, the Witness Frank has not been asked about this point of his activity in the concentration camp Dachau in 1933. He was only asked in general whether earlier he had anything to do with concentration camps.
THE PRESIDENT: Well, he said he didn't. He denied having anything to do with it and that is all he is doing now is denying it over again.
DR. RAUSCHENBACH: Your Honor, the Defendant Frank is just about to explain to us why the contents of this letter are actually incorrect, because without condition he was charged with the conducting of the administrative business. From this it could be assumed it was connected with an outstanding position and this cannot be the case. This is what I want to explain here.
THE PRESIDENT: All right, go ahead, but right to the point now.
Q Please explain very briefly with you, as an SS Private Frank could not be in charge of the administrative affairs at Dachau.
A I did not have any rank. I was an extremely small man there at the time. I want to explain above all that I was not a member of the staff of the concentration camp, but I was a member of the administrative office of the SS and I was employed in that capacity and I remained in that position. My assignment to Dachau at the time was that I was loaned to the camp, but it was extended from week to week and it was again renewed. At that time there were 150,000 men in the concentration camp. It was an extremely small camp and extremely primitive conditions existed there with regard to administration.
THE PRESIDENT: How long were you there?
THE WITNESS: I was there until October. I took care of the business there, but I never carried out any executive business, but an Untersturmfuehrer by the name of Fritz was actually in charge. I established the books of the administration and the books of the work shops.
THE PRESIDENT: You were there from March until October?
THE WITNESS: Yes, however, I was a member of the Administration Office of the SS. I was only loaned to the camp. I was not a member of the concentration camp staff. Then only in May was I appointed to the rank of a non commissioned officer. At that time the recommendation for promotion was disapproved. That also becomes evident from my personal file, which is in the hands of the Tribunal and on page 2 of this document it becomes clear that I did not belong to the staff of the concentration camp.