He further stated that deaths did not occur in the beginning, but later he heard that inmates had died probably as a result of exhaustion and colds. He stated that he did not need any confirmation of this fact when he saw the people, because when he saw them it was rather unnerving. He further concluded that when an epidemic occurred a catastrophe might follow because of the low resistance of the inmates. The defendant stated that when he saw these conditions his only thought was to help them as quickly as possible. On the following morning he made another short inspection and what he observed only confirmed his conclusions. He returned to Berlin and gave immediate instructions to the various depots to turn over food from the storage warehouses. He stated that he also contacted Office B -II for clothing, and the Reich physician SS for medical supplies. He urgently requested that a physician be assigned and that medical personnel of the SS be furnished. He telephoned the main medical depot at Berlin, asking them to allocate medicine and disinfectants for the camp. He stated that he received the cooperation which he desired from all of these agencies, and that from his depots he furnished twenty to thirty tons of food, - flour, peas, beans, canned meat, oils, fats, dehydrated fruits and rice, supplementing regular rations. In addition, he furnished post exchange items, rum and tea, as well as cigarettes and toilet articles. He then made the following significant statement:
"It was our specific intention that these people be able to recover somewhat so that they would regain a better physical condition and be able to perform their work better."
He stated that he made a written report to the defendant Pohl concerning this inspection, together with his recommendations.
The defendant admitted that approximately three or four weeks after the Dora inspection he was again requested to send additional food, which he did. He stated that upon Kammler's request he also sent food to a camp near Linz.
The defendant was asked:
Question: "Did your department maintain and supervise training kitchens at Oranienburg, Dachau, and Beneschau?
Answer: "We had three training kitchens, one at Dachau, one at Oranienburg, and a third one located at Beneschau, near Prague. These three training kitchens were also subordinated to me. I was the immediate superior; and I visited these three kitchens. I supervised and directed the training curriculum there."
The courses at these training kitchens included instructions as to how not to prepare food.
He testified that Office B-I was dissolved in April 1945, owing to the condition of the war. When asked if he participated in the destruction of records of Amt B-I, he answered:
"Before we left Berlin we destroyed superfluous files, which was a routine matter and an order. The remaining files we took with us to the mountains. We burned them there."
He stated that the records were destroyed for the purpose of keeping them from falling in the hands of the enemy. He denied any knowledge of prisoners of war and nationals of other countries being confined in the concentration camps. He denied all knowledge of the "Reinhardt Action", and the program for the extermination of the Jews, of the medical experiments which were conducted in the concentration camps, of the Euthenasia Program, and of inhumane treatment and atrocities. He offered documents and the testimony of the witnesses Walter Hoyer and Arnold Ertel in corroboration of his contentions.
The Tribunal concludes that the defendant Tschentscher was not a mere employee of the WVHA, but held a responsible and authoritative position in this organization. He was Chief of Amt-B-I, and in this position had large tasks in the procurement and allocation of food. Conceding that he was not directly responsible for furnishing food to the inmates of concentration camps, he was responsible for furnishing the food to those charged with guarding these unfortunate people. According to his own admissions, on a number of occasions he furnished food to the inmates when requested to do so by those in authority. He contends, however, that he was not competent for this task and only furnished this food from a humanitarian motive. Nevertheless, from his own testimony we conclude that he had other motives as well, when he stated:
"It was our specific intention that these people be able to recover somewhat so that they would regain a better physical condition and be able to perform their work better."
These people included slave laborers from occupied territories and prisoners of war.
The Tribunal is fully convinced that he knew of the desperate condition of the inmates, under what conditions they were forced to work, the insufficiency of their food and clothing, the malnutrition and exhaustion that ensued, and that thousands of deaths resulted from such treatment. His many visits to the various concentration camps gave to him a full insight into these matters.
The Tribunal finds without hesitation that Tschentscher was thoroughly familiar with the slave labor program in the concentration camps, and took an important part in promoting and administering it. The successful operation of the concentration camps required the coordination and cooperation of experts, as well as materials, and Tschentscher, as Chief of Amt B-I, and deputy to Georg Loerner, contributed his share in the allocation of food and clothing.
The Tribunal finds and adjudges the evidence, and beyond a reasonable doubt, that the defendant Tschentscher is guilty of war crimes and crimes against humanity, as charged in Counts II and III of the indictment.
The Tribunal finds and adjudges from the evidence, and beyond a reasonable doubt, that the defendant Tschentscher was a member of a criminal organization, that is, the SS, under the conditions defined by the judgment of the International Military Tribunal, and is therefore guilty under Count IV of the indictment.
RUDOLF SCHEIDE The defendant Rudolf Scheide was born on the 24th day of December 1908 in Wolfenbuettel.
He attended elementary schools until 1922; from 1926 to 1927 he served one year as an agricultural laborer near Brunswick, and during 1928 and 1929 he was with the voluntary labor service working on private estates. From 1929 to 1930 he did odd jobs for friends near his home, and from 1930 to 1933 he worked in the sugar factories in Schladen, and other places. He joined the NSDAP in 1929, with the Party Number of 93508. He was a member of the SS from 1930 until the end of the War, and had the SS-number 2351. His first rank in the General SS was SS-man, and last rank in the SS was Standartenfuehrer (Colonel). He commanded a motorized company from 1938 until October 1, 1942. At that time his motorized organization became a division, and the defendant became the Division Technical Officer. On October 1, 1942, he was transferred to the Economic and Administrative Main Office, WVHA. When he joined the WVHA on October 1, 1942, he became the Chief of Amt B-V as a technical expert in the field of motor transportation. In the defendant's own affidavit, (Ex. 10), he outlined in detail his duties as Office Chief of Amt B-V of the WVHA. All Motor Transport technical officers were in principle subordinate to the Operational Main Office, formerly the Command HQ of the Waffen-SS. Pohl informed him that Georg Loerner was his chief, and he thereupon reported to Loerner. As Chief of Amt B-V of the WVHA, he took over the whole of the transportation of the WVHA, with the exception of the transports of human beings, which were taken over by D-1. When he came to the WVHA he was commissioned by Gruppenfuehrer Loerner to bring all motor vehicles, weapons and railroad transports under this office, so that everyone who had anything to do with them or with fuel, oils, tires, etc.
, was to report to him or to his main office. He was the representative of the Operational Main Office in the WVHA and was in charge of transportation for all the Amtsgruppen. Amtsgruppe A needed no transport space. Amtsgruppe B required transport space continually for forwarding goods to supply and equip the Waffen-SS. Amtsgruppe C had its own quota of motor vehicles from the Operational Main Office, and had the vehicles of the private building firms put at its disposal. Amtsgruppe D constantly ordered motor vehicles from his office, and he passed on the orders to the Operational Main Office. These demands mostly came from Gluecks. He also dealt with the demands for arms and ammunition for the concentration camp guards and passed them on to the Operational Main Office, which in turn gave instructions to the ordnance depot of the Waffen-SS in Oranienburg, where Amtsgruppe D collected these weapons. He never assigned the vehicles for the concentration camps to the camps themselves, but to Schulz who then assigned them to the concentration camps. If concentration camp inmates were shipped in railroad trucks, the preparations were made by the staff of Amtsgruppe D.
The prosecution contends that by virtue of the high office which the defendant held in the WVHA, he was required to furnish the necessary transportation for all the Amtsgruppen of the WVHA, including Amtsgruppe D, which had charge of maintenance and control of the concentration camps.
The prosecution further contends that according to the large field of tasks carried out by the defendant in connection with the various offices and Amtsgruppen of the WVHA, he gained knowledge of how the concentration camps were operated, how the prisoners were treated, who they were, and what happened to them; that the defendant Scheide further knew that the concentration camps engaged in the slave labor program, and that he furnished transportation in this program with knowledge of its use.
The prosecution further contends that the defendant Scheide knew of the mass extermination program carried out by the concentration camps under Amtsgruppe D, and that he furnished Amtsgruppe D in this program with transportation, spare parts, tires, gasoline, and other necessary commodities for carrying out this program.
The defendant Scheide contends that he had no knowledge of any of the activities and programs of the concentration camps, and that there is no evidence other than his own affidavit and his own testimony and that of other defendants as to his duties, responsibilities and activities as Chief of Amt B-V of the WVHA. He further contends that the prosecution has not submitted a single document against the defendant which mentions his name and that no prosecution witness has testified to any facts against the defendant. He further contends that the prosecution has submitted no evidence which would tend to show his individual guilt of the charges contained in Counts II and III of the indictment.
The defendant further contends that the only evidence offered against him is contained in the organizational charts of the WVHA, which shows that he was Chief of Amt-B-V of the WVHA.
CONCLUSION After weighing all the evidence in the case, and bearing in mind the presumption of innocence of the defendant, and the burden of proof on the part of the prosecution, the Tribunal must agree with the contentions of the defendant.
If the Tribunal were to convict the defendant on the charges contained in Counts II and III of the indictment, the only evidence on the part of the prosecution to sustain such conviction would be the organizational charts of the WVHA, which show (and the defendant admits it) that he was the Chief of Amt B-V. All of the evidence as to the duties performed by the defendant in this capacity, the responsibilities assumed by him, the connections and influence that he had with other Amtsgruppen, and the knowledge that he had, if any, as to the activities and duties of the other Amtsgruppen, was furnished solely by the defendant himself and other defendants, who testified in corroboration of the defendant.
Therefore, the Tribunal finds the defendant Rudolf Scheide not guilty of the charges contained in Counts II and III of the indictment.
The defendant admits that he joined the NSDAP in 1928, and that he was a member of the SS from 1930 until the end of the war. In regard to membership in certain organizations declared criminal by the International Military Tribunal, the following was said:
......"A criminal organization is analogous to a criminal conspiracy in that the essence of both is cooperation for criminal purposes. There must be a group bound together and organized for a common purpose. The group must be formed or used in connection with the commission of crimes denounced by the Charter. Since the declaration with respect to the organizations and groups will, as has been pointed out, fix the criminality of its members, that definition should exclude persons who had no knowledge of the criminal purposes or acts of the organization and those who were drafted by the State for membership, unless they were personally implicated in the commission of acts declared criminal by Article 6 of the Charter as members of the organization. Membership alone is not enough to come within the scope of these declarations."
The defendant admits membership in the SS, an organization declared to be criminal by the Judgment of the International Military Tribunal, but the prosecution has offered no evidence that the defendant had knowledge of the criminal activities of the SS, or that he remained in said organization after September 1939 with such knowledge, or that he engaged in criminal activities while a member of such organization.
Therefore, the Tribunal finds and adjudges that the defendant Rudolf Scheide is not guilty as charged in Count IV of the indictment, and directs that he be released from custody under the indictment when this Tribunal presently adjourns.
MAX KIEFER The defendant Max Kiefer was born on the 15th day of September, 1889 in Kampen on the lower Rhine.
He graduated from public schools in 1909. Thereafter he studied architecture at Munich and Aachen. During the time that he was engaged in his studies of architecture, a certain amount of his time was consumed with construction jobs of the Reich Railway Inspectorate, as well as taking study trips to Italy, France, Holland and Belgium. In the year 1914 he completed his studies in architecture, was graduated and soon thereafter became City Architect for the City of Aachen.
During World War I, the defendant Kiefer was drafted into military service and served for the entire period of War, being discharged with the rank of Lieutenant in the reserve. After the first world war the defendant pusued his career as an architect, working for the government and latter as a private architect, specializing in city planning and housing projects. In 1936 he accepted a position with the Reich Air Ministry as Building Councilor in the Department of Dwellings and Settlements. In this position his immediate superior was Kammler, who was later Chief of Amtsgruppe C of the WVHA. The defendant joined the Allgemeine-SS in July 1933 and the NSDAP in May 1937. When he was called up for military service in August 1941, Kammler intervened in his behalf and was Court No. II, Case No. IV.
successful in having him assigned to the Waffen SS. Later, he was assigned to the Building Section of the Budget and Buildings Office of the WVHA. In February 1942, he was appointed Chief of Office C-II of the WVHA and remained as the Chief of this Office until the close of the War.
In order to properly carry out and maintain the various functions of the WVHA, specialists were required for every field. The defendant Kiefer was a specialist in architecture and his services were in great demand by the WVHA. With his great experience cornering a long period of time as a master planner and architect, the Tribunal can easily understand why the defendant Pohl, as Chief of the WVHA, appointed him Chief of Amt C-II, and assigned to him duties which included the planning, maintenance and construction of concentration camps in the Reich and in occupied territories. Amtsgruppe C was the supreme building office of the Waffen-SS, and Office C-II was concerned primarily with Special Construction Tasks. The defendant, as Chief of Office C-II, was also head of the Main Department in charge of general affairs of the Building Inspectorate. Subordinate offices to Office C-II, which were also subordinate to the defendant Kiefer, were as follows:
1. C II/1, Food and Clothing Installations 2. C II/2, Arms, Ammunition and Signalling Installations 3. C II/3, Hospitals and Ambulances 4. C II/4, Industrial Buildings 5. C II/5, Accommodations Center Bureau 6. C II/6, Agriculture and Special Buildings Despite the fact that none of the other offices within Amtsgruppe C was charged with special construction tasks or any of the constructions outlined above, the defendant contends that these office titles were only for organizational purposes and not actually concerned with building projects; the projects with which they were concerned were far removed from the realm of construction of concentration camp installations but were for humanitarian objectives.
The defendant further contends that Office C II/2 was concerned solely with the coordination of such construction with local zoning and building regulations. He further contends that his office only worked out general basic plans for hospitals and ambulances, and denies that he ever participated in the planning of construction of any hospitals or other buildings, or any concentration camps or concentration camp installations.
The Tribunal does not agree with such contentions. The evidence clearly shows that concentration camp hospitals were constructed, and that plans and drawings for such construction were prepared in the Office C-II. The prosecution offered in evidence Exhibit 662, which was a drawing and plan for a hospital and sick bay for inmates of Auschwitz Concentration Camp. This drawing and plan was signed by the defendant himself. The prosecution also offered in evidence Exhibit 663, which was a drawing and plan signed by the defendant himself for a sick bay for the troops at Auschwitz Concentration Camp. If the defendant and his office was competent to draft and approve such drawings and plans for such installations, the Tribunal may reasonably find that all other installations necessary for the maintenance and construction of concentration camps also emanated from this office. Since the defendant is an expert architect, the Tribunal concludes that the defendant not only planned the construction of such projects at Auschwitz, out that he supervised the progress of construction as any architect would do.
The concentration camps under Amtsgruppe D of the WVHA operated and maintained gas chambers and crematoria in which thousands of people were exterminated and cremated.
Some of the concentration camps had several of such installations. These installations were planned, erected, and maintained by some competent authority and Amt of the WVHA. Since Amt C-II was the supreme authority for the planning and building of special tasks, the logical conclusion of the Tribunal is that such installations were planned and erected under the authority of Amt C-II of the WVHA. The Tribunal further concludes that the very nature of such installations and their continued maintenance constituted knowledge of the purposes for which they were to be used.
The defendant's knowledge of the classes of inmates in concentration camps is shown by the following testimony of the defendant himself:
"According to my opinion there is a big difference between a political prisoner and a criminal. I myself was definitely convinced that there were political prisoners in the concentration camps, prisoners whom the state wanted to get rid of or at least secure for special reasons. In my opinion the criminals were in the jails, whereas all the other ones were in the concentration camps." (R. 3387) The Tribunal finds that the defendant was also aware that inmate labor was used in construction projects authorized and planned by Amt C-II and other offices within Amtsgruppe C. He testified that he saw Kammler's letter to Gluecks, dated March 10, 1942, concerning the assignment of prisoners of war, inmates and Jews, to carry out the construction program of Amtsgruppe C but that no action was taken because it was not in his field of tasks.
(Document No.NO-1292, Exhibit 56, and Record page 3367). In the preface to this document, the following appears:
"Subject: Employment of Prisoners, Prisoners of War, Jews, etc. to Carry Out the Construction Program of the SS Economic Administrative Main Office, Amtsgruppe C, 1942, in the Third Year of War."
A summary attached to the document shows the required workers listed under the various construction projects and the number of prisoners and prisoners of war, Jews, etc., required to carry out the construction program for 1942. The summary shows conclusively that thousands of inmates, Jews, and prisoners of war, were to be used for construction projects at the various concentration camps. These included construction projects at Ravensbrueck, Oranienburg, Natzweiler, Wewelsburg, Dachau, Gross-Rosen, Auschwitz, Freudenthal, Weimar-Buchenwald, Neuengamme, Flossenbuerg, Geishuebel, Krondorf, Sued, Gruen, Neu-Rohlau, Mauthausen, Gusen, Brettstein, Litzmannstadt, and Posen. The last entry in the summary was a request for 5,000 prisoners of war to be used at Danzig-Stutthof. Thus, the defendant Kiefer was officially put on notice that concentration camp labor, Jews, and prisoners of war, were the means whereby his architectural plans were transferred from blueprints into actual constructions. The defendant contends that even though he might have read the document at the time he was totally ignorant of concentration camp conditions.
The Tribunal cannot accept this contention of the defendant. He was directly subordinate to Kammler, Chief of Amtsgruppe C, and was also his Deputy. As to his Deputyship there can be no doubt. Kammler's appointment of the defendant as his Deputy was in writing, and dated September 8, 1943, and states:
"SS-Sturmbannfuehrer Kiefer will in principle act as my deputy until further notice." (Exhibit 45).
The evidence clearly discloses that Kammler was throughly aware of the conditions in the concentration camps, and of the atrocities, murders, and ill treatment of the inmates.
The Tribunal concludes that the defendant knew what Kammler knew, since he was his Deputy and Chief of Amt CII, and his duties required that he have such knowledge.
The Tribunal further concludes that a person so close to Kammler and directly subordinate to him and designated by Kammler as his deputy would be advised of these facts. Such knowledge would of necessity entail familiarity with the facts as to the labor conditions on construction jobs, the type of labor employed, and the treatment accorded such labor. If these facts were known to him, the defendant would have had to know of the atrocities and inhuman tortures visited upon concentration camp inmates through AmtC-II, Amtsgruppe C, and the WVHA.
Another source of information for the defendant was the weekly conferences of Chiefs of Offices and Experts. These conferences were held, and the Tribunal concludes that they were through and detailed. Kammler's position and duties increased to the point where he was forced to devote less and less time to Amt C-II, and finally he was forced to move his offices from the WVHA Building. Subsequently, the only contace between himself and the collaborators in Amtsgruppe C, was in the conferences with the Amts Chiefs (R. 3336). During these conferences Kiefer had ample opportunity to learn of the existence of the gas chambers and the crematoria, the use of slave labor, the treatment of concentration camp inmates, the destruction of the Warsaw Ghetto, and many other instances of the criminality of the organization of which he was an integral part.
The evidence clearly discloses that the defendant did not make the slightest effort to improve these conditions, or failing in that, to sever his relationship with the organization. His activities and willing cooperation clearly shows the voluntary manner in which he worked as an Amt Chief of the WVHA.
The Tribunal has given careful consideration to all the contentions mace by the defendant, and all the evidence and documents offered by him to rebut the case of the prosecution, but the Tribunal cannot accept his version as to his knowledge, duties, and activities as Amt Chief of Office C-II in the WVHA.
CONCLUSIONS The Tribunal therefore concludes (bearing in mind the presumption of innocence of the defendant and the burden of proof required of the prosecution) that the evidence clearly established beyond a reasonable doubt that the defendant Max Kiefer is guilty of war crimes and crimes against humanity, as charged in Counts II and III of the indictment.
He did not function in the role of the mutual executioner, but was an Office Chief in the WVHA, which organization carried out the functions of extracting labor and personal resources from millions of unfortunate concentration camp inmates, Jews, and prisoners of war. His office duties and activities constituted one of the integral cogs in the evil machine of human destruction. His high professional learning, skill, and vast knowledge was prostituted to the needs of this organization. The planning and erection of a vast number of SS structures, both in the concentration camps and outside, would not have been possible without the contribution of the defendant Kiefer, as one whose services were most valuable and indispensable.
The defendant admits that he was a member of the SS from 1935 and that he continued to be a member of the SS until the end. His contention that he was drafted into the SS in 1942 cannot be accepted by the Tribunal. His continued membership in the organization, his outstanding record in Amt C-II, and all the other evidence in the case leads the Tribunal to the conclusion that the defendant voluntarily joined the SS and voluntarily remained in such organization until the end and participated in the commission of war crimes and crimes against humanity.
He remained in such organization with knowledge of its criminal activities subsequent to September 1, 1939, Therefore, the Tribunal finds and adjudges the defendant Kiefer guilty under Count IV of the indictment.
FRANZ EIRENSCHMALZ Defendant Eirenschmalz was born October 20, 1901, at Munich.
He joined the general SS in July 1931. On October 1, 1932, the defendant received a full time position with the SS in the administrative office. He did some outside construction work subsequent to occupying this position, but returned to the administration office and resumed his work in June 1934. His immediate superior in the Administration Office of the SS in 1934 was the defendant Pohl. From July 1934 until approximately the autumn of 1939, he was in the Office, "Budget and Construction". In 1939, he was transferred to the Main Department for the Construction Management of the Waffen-SS and Administration, as Chief of Amt V-5. His immediate superior in this office was the defendant Frank. On February 1, 1943, the Main Office, Budget and Building, was incorporated within the WVHA, and the defendant joined this organization as Chief of Amt CVI of Amtsgruppe C. He was subordinate to Kammler, Chief of Amtsgruppe C. Sometime between February 1, 1942 and February 1943, he was appointed Deputy Chief of Amtsgruppe C, or Kammler's Deputy. In May 1943, owing to illness, he entered a hospital and did not return to work with the WVHA until January 1944, and upon his return he was no longer Deputy for Kammler. At all times between February 1, 1942 and May 1945, he was Chief of Amt C-VI of Amtsgruppe C of the WVHA.
In order for the Tribunal to arrive at the truth in this case, a close scrutiny of the evidence was required. Witnesses made affidavits and later repudiated their contents by other affidavits, or while testifying as a witness. The defendant Eirenschmalz took the stand and testified in his own defense. He has utterly failed to impress the Tribunal with the truthfulness of his testimony. On the contrary, his answers to direct and simply questions were most evasive and indefinite. After much insistence, when a direct answer was finally obtained from him by either the Tribunal or counsel, he would later repudiate such an answer. In his testimony may be seen so many contradictions and evasive answers that the Tribunal was unable to determine the facts from his testimony. After a careful review of all of the evidence, the Tribunal arrived at its own conclusions as to the true facts of this case.
Amt C-VI of Amtsgruppe C of the WVHA was sub-divided into the following divisions:
1. Amt C.-VI-1, Building Material and Maintenance (Construction Maintenance) 2. Amt C-VI-2, Plant Economy 3. Amt C-VI-3, Auditing Price Control (and after 1943, Price and Control).The prosecution offered in evidence Exhibit No. 523, which was an affidavit made by the defendant Pohl, and the Tribunal deems it expedient to here incorporate certain portains of this affidavit:
Beginning with:
"9. Amtsgruppe C of the WVHA arose from Amt II, Buildings, of the former Main Office of Budget and Buildings. SS-Obergruppenfuehrer Dr. Kammler was Chief of Amtsgruppe C from 1 February 1942 until the capitulation in May 1945.
"10. Amtsgruppe C was the highest construction office of the SS. Among other things, guiding principles concering all constructions carried out within the SS were laid down by this office and passed on to subordinate Construction Offices and Construction Inspection Sections.
"11. Furthermore, it was the duty of Amtsgruppe C to calculate the total building-material requirements of all Construction Inspection Sections and to send requisition for this total requirement to the Speer Armaments Ministry. That was done once a year, and after Kammler had received these allocation of materials (quotas) from the Speer Armaments Ministry, he distributed them, according to requirements to the individual Construction Inspection Sections. Thereby Kammler was given control over the construction undertaken by the offices carrying out the building for they were not legally able not allowed to build without an official quota allocation being made by Amtsgruppe C.
"12. Kammler had a further means of control over the construction activity of the SS because the expenditures of the offices subordinate to him were examined by him; this also included an examination of prices.
The above mentioned examinations were carried out by Office VI of Amtsgruppe C. Standartenfuehrer Eirenschmalz was Chief of this office from February 1942 until the capitulation.
14. The new construction and repair of Concentration Camps was in principle the task of Amtsgruppe C, and its subordinate offices.
15. It was the duty of the Budget Office in the former Main Office for Budget and Building to put those sums of money which were necessary for the establishment of concentration camps at the disposal of the Inspector of Concentration Camps, Eicke. These sums were there fixed in the SS Budget. Eicke had his own Construction Section with which he carried out the construction of concentration camps.
16. I remember that the Auschwitz Concentration Camp was built in 1943. This work was carried out by the local Construction Inspection Section (Construction Inspection Section Auschwitz), after the necessary allocations of material had been made to this Construction Inspection Section by Amtsgruppe C of the Economic and Administrative Main Office.
17. The gas chamber installations and the crematorium in the Auschwitz Concentration Camp was built by the method described in paragraph 16.
18. The statement of accounts for these constructions were forwarded to Office VI of Amtsgruppe C for preliminary examination for the supreme Auditing Count of the Reich or else they were submitted to the auditors of Amt C-VI. That was the prescribed official channel for all Construction Inspection Sections which were responsible to Amtsgruppe C of the Economic and Administrative Main Office.
19. The liquidation of Jews in the Auschwitz concentration camp in the years 1942 and 1943, when Rudolf Hoess was commander, was known to me, through Himmler's speech and I myself also saw the gas chambers and the crematorium in Auschwitz in the summer of 1944.
20. The construction, that is to say, the extension of the Riga Concentration Camp was undertaken during the second half of 1942 or the beginning of 1943 as far as I know.
This work was ordered by the Reich Security Main Office, and the carrying out of the project was undertaken and completed by the locally competent Construction Inspection Section, as described above in Paragraphs 16 and 19.
21. Standartenfuehrer Franz Eirenschmalz was Chief of Office C-VI from February 1942 until May 1945. He had been an associate of mine since 3 February 1934 with interruptions. From January 1943 until May 1943 he was Deputy Chief of Amtsgruppe C."
"... Amtsgruppe C had a number of subordinate offices (construction inspectorates, etc.) in the Reich territory as well as in the occupied territories."
The defendant's activities in the construction and maintenance of concentration camps prior to the formation of the WBHA, is shown from the following documents:
Affidavit of Heinrich Ernst Krone, (Exh. No. 53), which reads in part as follows:
"In August 1937 I was employed in the Central Construction Management at Buchenwald as a specialist in technical branches. I was subordinate to the SS Administration Office and the section for building under Eirenschmalz. The protective electric fence was built by this Central Construction Management under order of Eicke. The crematorium in Buchenwald was built in 1939 or 1940 by a private contractor.
In February 1943 I was transferred to Belgrade, where I did maintenance and building special jobs under the direction of Office Group C of the SS Economist, who was head of the building section of Group C and who was subordinate to Office Group C in Berlin.
During the last years of the war it was the job of Office Group C to erect prisoner-of-war camps. The maintenance and repair of all buildings, particularly of those pertaining to the concentration camps, was Eirenschmalz' concern. He had to be kept informed of every repair job in concentration camps and also if gas chambers or crematoria failed to function and needed repairs it was his job to have the repairs carried out."
Later in the same affidavit, the affiant outlines some of the duties of the defendant Eirenschmalz in connection with concentration camps after the creation of the WVHA, as follows:
"In February 1944 I heard for the first time, through the head of the Building Inspectorate, of an order that prisoner-of-war camps were to be erected by Office Group C. I know that a small prisoner-ofwar camp was to be built somewhere and exact building instructions regarding measurements, projected buildings, washing facilities, etc., were furnished by Office Group C. During the last years of the war it was the job of Office Group C to erect prisoner-of-war camps."
The Prosecution offered in evidence an affidavit of Wolfgang Grosch (Exh. 513) which tended to show the duties and activities of the defendant Eirenschmalz in regard to the construction and maintenance of concentration camps and SS projects before and after the formation of the WVHA. The pertinent parts are as follows:
"The first time I heard about Standartenfuehrer Eirenschmalz was in the middle of 1939. At that time Eirenschmalz was Chief of the entire building operations within the SS Administrative Office. This position was similar to the position which Gruppenfuehrer Kammler had later on in the Economic and Administrative Main Office. Among other things it was Eirenschmalz' job to pay out the moneys for building projects of the SS Death Head Units, and the General SS. It was his job to approve these moneys and to have them paid. Eirenschmalz remained in this position until about 1940 and then moved to Berlin to work with the Budget and Building Main Office. In this capacity he was assigned the tasks which he later had to carry out within the Economic and Administrative Main Office, Amt C-VI.
After the reorganization in 1942, and after the foundation of the Economic and Administrative Main Office, he became Chief of Amt C-VI, and remained there until the end of the war.