About Spring of Summer of 1943, by Kammler's or Pohl's orders he became Deputy Chief of Office Group C and remained in this position, while still holding office as Office Chief C- VI, up to the end of 1943.
During the time he was Kammler's deputy, Eirenschmalz signed the official mail 'by order of Kammler'. Since the foundation of the Economic and Administrative Main Office, Eirenschmalz, among other things, was charged with granting subsidies for keeping up building operation of all building projects of the Waffen-SS, which also included the Concentration Camps. In this capacity he had to grant annual subsidies for keeping up the building operations and for repair work. The bills obtained in return for these annual payments were sent to him afterwards as vouchers. Eirenschmalz knew by way of the bills which he had to examine, when gas chambers or crematoria or other concentration camp establishments were in need of repair.
Eirenschmalz's position in the SS Administrative Office was that of the supreme Chief for all questions concerning building operations. Within the Office Budget and Buildings his tasks were restricted to the tasks carried out by the later Office C-VI, which he continued to carry out up to the end, in the Economic and Administrative Main Office."
The Tribunal is mindful of the testimony of this affiant when called upon to testify on cross examination on behalf of the defendant. Even though he repudiated certain parts of this affidavit, from a review of all the evidence in the case, the Tribunal is of the opinion that this affidavit, upon the whole, speaks the truth.
The Prosecution also offered in evidence another affidavit of Wolfgang Grosch (Exh. 52). The pertinent parts are as follows:
"February, 1, 1938, I was attached to SS Administrative Office with Eirenschmalz as immediate superior, where I remained until November, 1941, when I was transferred to the Central Russian Office. I was in Russia during the entire life of the WVHA.
"Amtsgruppe C was responsible for the construction of gas chambers and crematoria when such construction had been demanded by Amtsgruppe D. The official channels were as follows:
Amtsgruppe D contacted Amtsgruppe C. Amt C-1 drew up the building plans for these installations as far as the construction work was concerned and passed those on to Amt C-III, who worked on the engineering section of the construction, the airing of gas chambers or the appliances for the gas to enter the chamber. Amt C-III then handed these plans to a private firm which was to supply the special machinery of the cremating furnaces. Further on, through official channels, C-III informed C-V which passed on the order via the Public Works Administrative Division to the Central Public Works Department. The Central Public Works Department then handed the construction assignment to the respective construction department of the concentration camp which undertook the actual building with detainees assigned to them by D-II. Amtsgruppe D gave orders and instructions to Amtsgruppe C with regard to the required building space and the purpose of these constructions. The actual consigner for the gas chambers and crematoria was Amtsgruppe D."
Other evidence discloses that while the defendant Eirenschmalz was in the Main Office, Budget and Building, he ordered the erection of a crematorium at Dachau in the summer of 1940 (Exh. 541), and that at approximately the same time he ordered the construction of a crematorium at Buchenwald (NO-4400 and 4401). The defendant Eirenschmalz emphatically disputed all evidence that he had any authority or gave any orders or participated in any way in the maintenance or construction of any installations of concentration camps.
The defendant admitted upon cross examination that he visited Dachau in 1936 and 1937, and quite often thereafter he visited the Garrison Office at Dachau. He further admitted that on these visits to Dachau he sometimes saw the inmates working. He also admitted that he visited concentration camp Sachsenhausen, but that he rarer entered the protective custody part of the camp. He also admitted that he visited con centration camp Oranienburg, and saw inmates working there.
He admitted that he visited Buchenwald in 1940 or 1941, but did not enter the protective custody part of the camp. He admitted that he visited concentration camp Ravensbrueck and talked to the Construction Manager of the Clothing Depot, but would not say how many times he had visited this camp. He testified:
"Q. When you made the visits to these camps that we have been talking about, you usually went on business, didn't you, that had something to do with your office affairs?"
"A. Yes."
He also admitted that he visited Auschwitz on one occasion in 1943 or 1944. He said that he was not sure that he saw inmates working in the armament plant on this visit. He denied ever visiting the concentration camps at Neuengamme, Stutthof, Natzweiler, Cross-Rosen, Mauthausen, and Bergen-Belsen. He did admit, however, that in 1940 and 1941 he visited Lublin for the purpose of discussing construction matters for the Waffen-SS, but did not see any inmates working while there. He denied any knowledge of foreigners or prisoners of war being confined in concentration camps, but assumed that Jews were confined therein. He testified:
"Q. You know, did you not, that the construction that was carried out by Amtsgruppe C in the concentration comps used inmate labor?
"A. Yes."
The defendant denied any knowledge of the fact that Amtsgruppe W used inmate labor, but said that he could reach that assumption, although he did not know anything about the allocation of inmate labor. He emphatically denied having heard at any time during the war that anyone was mistreated or killed in a concentration camp, and stated that at no time was he informed that inmates were being underfed and under-nourished in any concentration camp.
From all of the evidence in the case the Tribunal concludes the following: the defendant Franz Eirenschmalz was a member of the SS from an early date, and attained the high rank of Colonel in the Waffen-SS.
Over a long period of time, prior to the war, and prior to the organization of the WVHA and all during the war, he was occupied directly with construction matters of the SS, including the concentration camps. Throughout the entire trial he has endeavored to hide in every way possible his responsibility and participation in concentration camp construction-maintenance affairs. The evidence clearly discloses his active participation in matters pertaining to the operation, construction and maintenance of concentration camps located in the German Reich and in the occupied territories. His Chief, the defendant Pohl, recognized his worth in the fields of task assigned to him in the WVHA, and when recommending his promotion gave a glowing account of his achievements and his loyalty to his tasks. The evidence clearly discloses that at all times, as Chief of Amt C-IV, he bore a full measure of responsibility for concentration camp construction matters, including the construction and maintenance of crematoria and gas chambers. From his own testimony, it is clear that he visited a great number of the concentration camps at various times; that he saw and had an opportunity of seeing the inmates as they worked, the conditions under which they worked, and the housing conditions of the various camps.
The Tribunal concludes that the knowledge of the defendant concerning the erection and maintenance of the gas chambers and crematoria in the various concentration camps put him upon actual notice of the intended use of these installations. Owing to the high position he held in the WVHA, we are forced to conclude that defendant Eirenschmalz had actual knowledge of "Action Reinhardt" and the "Final Solution of the Jewish Problem," and that he knew that numberless thousands of unfortunate Jews and nationals of occupied territories were exterminated in the gas chambers and crematoria erected and maintained under the supervision of his office and other officer of the WVHA.
His activities in the SS, both before and after the organization of the WVHA, constituted a material cog in the machinery necessary for the operation of the concentration camps.
The Tribunal does not find that he was a so-called "trigger man" in the deaths and atrocities committed on unfortunate people in the concentration camps, but that he, with others, operated and maintained the gigantic enterprises which resulted in the unlawful deaths of millions of slave laborers from occupied territories, and prisoners of war.
The Tribunal finds and adjudges from the evidence, and beyond a reasonable doubt, that the Defendant Eirenschmalz was a principal in, accessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving the commission of war crimes and crimes against humanity, and finds him guilty as charged in Counts II and III of the indictment.
The Tribunal finds and adjudges from the evidence, and beyond a reasonable doubt, that defendant Eirenschmalz is guilty of belonging to the SS, an organization declared to be criminal by the International Military Tribunal, and as charged in Count IV of the indictment
THE PRESIDENT: The Presiding Judge now reading:
KARL SOMMER This defendant was born on the 25th of March 1915 in Cologne; he attended the elementary schools and four classes of high school; he belonged neither to the NSDAP, nor any other political party.
He joined the Allgemeine-SS in the last part of 1933 and became an SS private on January 30, 1934. His last rank in the Allgemeine-SS was Obersturmfuehrer. In March 1941, Sommer was appointed to the Inmate Labor Assignment Office of the Deutsche Erd und Stein Werke, an SS enterprise.
In this office he had the task of supervising inmate labor assignments, together with the supervision of the general welfare of the inmates. In October 1941, he succeeded to the head of the Department for Inmate Labor Assignment. Amt D-II of the WVHA was called "Labor Allocation of Inmates", and it was the task of Amt-D-II to arrange the labor allocation of inmates who were confined in concentration camps. Originally, labor forces were made available only for enterprises operated by the SS; later, after August or September of 1942, inmates were turned over to the industries outside of Germany, as well as in the occupied territories. The defendant Sommer was released from the WaffenSS in 1941, by reason of incapacity caused by a food wound. We was then assigned to DEST on March 1, 1941. He met Pohl about the end of 1941, and met Maurer early in 1942. Later Mummenthey secured the appointment of Sommer to Office D-II, as collaborator of Inmate Labor Assignment with Maurer. He entered upon his duties with D-II on May 5, 1942, and worked with this Amt until about April 1945. He was first Maurer's co-worker, and at the end of 1943 became Maurer's Deputy. He lived in Berlin until 1943, then moved his permanent residence to Oranienburg.
THE ALLOCATION OF INMATE LABOR IN AMT D-II OF THE WVHA
From all of the evidence in the case, including the testimony of the defendant, he was thoroughly familiar with every detail of Amt D-II, its fields of task, training of inmates, allocation of labor for all inmates, wherever located, the amount and kinds of work performed by them, their living conditions, treatment, food, clothing, and housing; the camps from which they were assigned, and the industries to which they were assigned; the payments made by the various industries for their work, the payment for work, if any, to the inmates, and the collection of the money for the work of the inmates from the various industries.
The Tribunal was greatly impressed by the detailed information which the defendant had in regard to every aspect of inmate labor and its allocation.
The defendant testified that after March 1944 Maurer told him that he could designate himself as a Chief of a Main Department, which he did, and at the end of 1942, or early in 1943, he became the Deputy of Maurer, Chief of Amt D-II. By order of Gluecks he was permitted to wear slack trousers while in uniform and at other times to wear civilian clothing on account of the wound in his foot. He further testified that he never knew of any prisoners being confined in a concentration camp except political prisoners and criminal inmates. Laber, he saw some Russian prisoners of war that were volunteers, he claimed. The defendant testified that he personally visited every one of the concentration camps during his work with Amt D-II; that he remembered clearly his visits to Auschwitz in August 1943 and November 1944, and Bergen-Belsen in 1944 and again in 1945. He further testified that during a conversation with Gluecks, the Chief of Amtsgruppe D and Inspector of the concentration camps, he was informed about the program for the extermination of the Jews in Auschwitz, but that he did not participate in this program in any way, even though he was asked by Gluecks to do so. Immediately after this conversation with Gluecks, Pohl gave to Maurer an order concerning this program at Auschwitz. He further testified that all Amt Chiefs of Amtsgruppe D had the permanent permission to enter and visit the concentration camps.
The prosecution offered in evidence an affidavit of the defendant Sommer (Ex. 304), which disclosed that the defendant personally knew of the allocation of between 500,000 and 600,000 inmate laborers from the concentration camps to the various plants and industries. This affidavit further disclosed that prisoners were requested by the plants from Amtsgruppe D (Maurer and Gluecks) or in case of personal connections, from Pohl.
The evidence disclosed that from Amt D-II, the defendant Sommer furnished guards for the prisoners; that he made tabulations computing the wages due from DAW for concentration camp labor, also, that he reported that 36,784 prisoners from Lublin were supplied during July 1944 to DAW and that DAW was due to pay the sum of 55,176 Reichsmarks for such labor.
(Ex. 710).
From another affidavit of the defendant, (Ex. 630), it is clearly shown that the defendant was throughly familiar with the program for the extermination of the Jews at Auschwitz and of the illegal medical experiments which were carried out in the various concentration camps.
The evidence further clearly discloses that the defendant was familiar with "Action Reinhardt" and was guilty of personally participating in this illegal and unwarranted action.
The evidence of the prosecution witness Jelzy Fielsky, an inmate at Auschwitz from August 1942 until October 1944, tended to show that the defendant Sommer personally murdered two inmates at Auschwitz. After a careful review of all the evidence the Tribunal is of the opinion that the defendant Sommer was not guilty of these two atrocious murders and that the witness Bielsky was mistaken as to the identity of the person responsible for such crimes.
There is evidence in the case which tends to show that the defendant Sommer actually knew of the existence of crematoria and gas chambers in the concentration camps, and the purposes for which they were used.
Wolfgang Sanner, witness for the prosecution, testified that during 1944 and 1945 he was an inmate and was working on labor assignments at Mauthausen concentration camp. He received three letters from Amt D-II signed by the defendant. In these letters Sommer gave the names of approximately twelve inmates, with instructions that they were not to be transferred to other camps and were not to be employed in Camp Mauthausen. Within three to five days after receiving these letters, the inmates named therein were reported dead. The causes of death in these reports were: "shot while trying to escape", "suicide by running into electrically charged wire".The Tribunal does not deem it necessary to again enumerate in this Judgment, the horrors and deaths of concentration camp inmates that resulted from inhumane treatment, beatings, tortures, starvation, murders, shootings, hangings, gassings and burnings - nor would any useful purpose be served by again describing the millions of deaths and wholesale pillage and unlawful confiscation of property resulting from "Action Reinhardt" and the "Final Solution of the Jewish Problem". Reference is hereby made to other parts of this Judgment for these details.
Amt D-II and the defendant Sommer Played an important part in the commission of these atrocities and murders, and for such participation on his part, the defendant Sommer is criminally responsible.
The defendant Sommer testified at great length in his own defense, and attempted in various ways to answer and explain the evidence offered on the part of the prosecution. He offered documents, affidavits, and witnesses, in an effort to show a lack of criminal responsibility on his part in the operation of Amt D-II of the WVHA. He emphatically denied all evidence which would tend to show guilt on his part of all charges in the indictment.
The Tribunal has carefully considered the evidence brought to its attention by the defendant, and has carefully and thoughtfully considered the closing argument of his counsel. But the Tribunal can not and does not accept as true the defendant's contentions that his actions in D-II did not involve criminal responsibility.
Without attempting to pass upon his guilt or innocence, the Tribunal deplores the fact that Gerhardt Maurer was not apprehended prior to the commencement of this case, in order that his responsibility, if any, for the operation of D-II could be determined.
CONCLUSIONS The Tribunal finds and adjudges from the evidence, and beyond a reasonable doubt, that the defendant Karl Sommer is guilty of the charges contained in Counts II and III of the indictment.
From all of the evidence in the case, including the admissions of the defendant, the Tribunal finds and adjudges, beyond a reasonable doubt, that the defendant Karl Sommer is guilty of the charges contained in Count IV of the indictment.
HERMANN POCK Defendant Pook was born on May 1, 1901 in Berlin; after completing his education at the elementary scho Is, he studied dentistry from 1921 to 1925 at the University of Berlin and nassed his State examination in 1925.
In 1927 he received his Doctor's degree in Berlin and began practice as an independent dentist in Berlin-Lichterfelde. He joined the NSDAP in 1933, and in the same year became a member of the Reiter SS. He was called into the Waffen-SS on October 1, 1940, and the highest rank attained by him in the WaffenSS was Obersturmbannfuehrer (Lieutenant Colonel). On September 6, 1943, after completing a number of duty assignments for the Waffen-SS, he was transferred to the SS Economic and Administrative Main Office, Amt D-III of Amtsgruppe D, as chief dental officer, and held this position until the end of the war.
The order transferring him to the WVHA is as follows:
"SS Obersturmbannfuehrer Hermann Pook, born on 1 May 1901, at present Panzer Grenadier Division 'Hohenstaufen' Division Staff, is transferred to the SS Main Economic and Administrative Office, Amtsgruppe D-III, Oranienburg, in the capacity as dentist in charge, as of September 3, 1943.
"He is to report to the Chief of the SS-Main Economic and Administrative Office, Oranienburg, SS-Obersturmbannfuehrer Lolling." (Pros. Ex. 574).
Thus, from this order it is perfectly clear that he was directly subordinate in the WVHA to Dr. Lolling, chief physician of Amt D-III. In his field of tasks, he was subordinated under three channels. He was subordinated to Gruppenfuehrer Gluecks, Chief of Amtsgruppe D in military and disciplinary matters. He was subordinated to Office XIV of Amtsgruppe D of the FHA, one of the twelve main offices of the SS, not connected with the WVHA. The Medical Office of the Waffen-SS, upon its reorganization in the spring of 1943, became Amtsgruppe D of the FHA and was composed of various departments, one of which was Office XIV, the dental office. This office was charged with the administration of the dental services for the whole of the SS, and among other things, for the supplying of materials to dental stations and the staffing of the SS Divisions and Main Offices with dental personnel.
The position of Chief Dental Surgeon in Amtsgruppe D of FHA was first occupied by Sturmbannfuehrer Reutter until September 1943 when the defendant Pook succeeded him. The field of tasks in this position of the defendant Pook consisted largely in the following: the channeling of correspondence passing between the camp dentists and Office XIV, checking and considering for approval requisitions submitted by camp dentists, forwarding of monthly work, personnel, and gold reports from the camp dentists to Office XIV, Lolling's subordinate, and matters relating to dental affairs in concentration camps.
He was consulted on questions concerning the transfer and assignment of dental personnel within the concentration camps. He also worked in the Oranienburg Dental Clinic in dealing with the care of SS members and their dependents. He was also the supervisor of SS concentration camp dentists and camp inmate dentists. He exercised authority of command over the SS camp dentists as well. On page 4044 of the record, the defendant testified as follows:
"If it would have been necessary, and if I would have determined that the SS dentist in that camp had not really carried out his duty and if I had seen that on the occasion of an inspection, then certainly I would have told him if he was not going to try any harder then I would have to submit a report to my superior and he would be dismissed or punished."
As to the knowledge that the defendant had of conditions in concentration camps in which he had supervisory and administrative authority the evidence clearly discloses that he made frequent inspection tours of dental stations located in the various concentration camps and outside labor camps. The defendant vigorously contends and insists that he did not have knowledge of the manner in which the inmates were treated, nor did he have knowledge of conditions prevailing in such concentration camps. Despite his denials, the Tribunal is of the opinion, and so holds, that he was familiar with the atrocious conditions generally prevailing in the concentration camps. In January 1944, he visited Mauthausen concentration camp in company with Lolling, his superior, and spent the evening there. On at least one or more occasions he visited Buchenwald concentration camp, his last visit in this camp being in March 1945, just prior to the capitulation.
It is a matter of public knowledge from a report made by a U. S. Congressional Committee in April of the same year, and from motion pictures taken of this camp by the allied armies upon its capture, and other documentary evidence in the case, that this camp constituted an extermination factory of civilians of occupied territories, Jews, and prisoners of war, that these unfortunate people were exterminated by starvations, beatings, tortures, incredibly crowded sleeping conditions, and sickness following inhumane treatment. Quoting from the U. S. Congressional Committee Report, which was offered in evidence, the following appears:
"Pictures and descriptions of the conditions at the camp cannot adequately portray what we saw there, and it is only when the stench of the camp is smelled that anyone can have complete appreciation of the depths of degradation to which the German Nazi Government and these responsible for it and its agencies, organizations, and practices have dropped in their treatment of those who failed to embrace the doctrines of the master race." (Ex. 177) These terrible conditions were found the month following the last visit to this camp by the defendant, yet the defendant denies that he noticed anything unusual while there.
He further admits that he visited the Dora Labor Camps in March 1944 and that he inspected his dental station at Ohrdruff as late as March 1945, but still insisted that he saw nothing on these visits that would put him upon notice of the horrible conditions and inhumane measures that were being administered to the inmates.
The prosecution offered in evidence an affidavit of Dr. Werner Grueness (Prosecution Document Book 21, Exhibit 515), in regard to a visit of the defendant to Labor Camp No. 3, which was concerned with the construction of the Fuehrer's Headquarters at Ohrdruff. The Tribunal quotes the following portions of this affidavit:
"I remember a visit of Dr. Pook, the Chief Dental Surgeon for all the Concentration Camps, who came from Berlin to inspect the installation for dental surgery at S III. He said that the treatment as applied was much too humane, that anaesthetics would have to be dispensed with, and that, generally speaking, more rigorous dental work was to be carried out. Besides only really essential treatment should be given to these prisoners. Supply of material, which was under his control and for which he, as the highest instance, was responsible, were unsatisfactory in the camp at Ohrdruff, and I could only obtain this material with the greatest difficulty through channels from Buchenwald. Dr. Pook, to whom I presented my exact records, made fun of these civilian bureaucratic methods and told me that such a conscientious treatment of these people was out of the question. All my efforts to obtain dental treatment for the prisoners he termed ridiculous and he gave orders that only essential work was to be performed, which meant that only tooth extractions were to be undertaken and no other treatment at all. These tooth extractions were to be carried out without any local anaesthesia. Many of these prisoners had no more teeth and I was forbidden by Dr. Pook to have sets of artificial tooth made. Consequently many of these prisoners were not able to digest their food properly, and this resulted in serious disorders of the stomach and the intestines, which in many cases led to death.
"The gold fillings of deceased prisoners were removed by a prisoner dentist and then turned over to the SS dentist of the camp at Ohrdruff, who forwarded it to Barnewald."
The defendant emphatically denies the truth of this affidavit, contends that he had no such knowledge and that no such orders were given by him.
The Tribunal concludes that this affidavit portrays the true conditions prevailing in this camp and that the defendant's attitude towards these unfortunate people was as stated therein. Other evidence in the case corroborates the Grueness affidavit. The defendant admitted that he heard of the extermination program of the SS sometime during the summer of 1944. After hearing of this program, he visited the Concentration Camp Auschwitz and had the opportunity of seeing, and did see, the mortality charts kept by Lolling. However, he denies that he noticed from these charts the actual death rate. It should be noted that at the time of his visit to the Auschwitz Concentration camp the program of extermination was at its peak. In regard to the SS program of the final solution of the Jewish problem and the planned extermination of inferior races and political opponents of the Nazi regime, it would follow that thought was given as to what would be done with their personal property and valuables. The answer to this question was to confiscate and steal everything of value that could be obtained from their personal belongings and their bodies.
The International Military Tribunal in its Judgment against Goering and others, found the following:
"Evidence was given of the treatment of the inmates before and after their extermination. There was testimony that the hair of women victims was cut off before they were killed, and shipped to Germany to be used in the manufacture of mattresses. The clothes, money, and valuables of the inmates were also salvaged and sent to the appropriate agencies for disposition.
After the extermination, the gold teeth and fillings were taken from the heads of the corpses and sent to the Reichsbank." (I.M.T. 169214) By an order of Himmler, dated September 23, 1940, gold was to be removed from the teeth of deceased concentration camp inmates for the benefit of the Reich.
The defendant Pook admitted knowledge of this order, but denied that he participated in the carrying out of this order, saying:
"As a leading dentist, I had nothing to do with the removal of gold teeth as far as people were concerned who had died natural deaths. As far as removal of gold was concerned from people who had been killed in the extermination programs, there was no question about that. I had no knowledge of the extermination program, and these actions. Therefore, I couldn't know anything at all about the removal of gold teeth either." (R. 3917) The Tribunal concludes from all the evidence that the extermination program was at least in part an SS task.
This program required many agencies and many SS responsible persons to carry it out and to conclude it. From the time that the subjects for extermination were collected to the time of their final extermination in the gas chambers and crematoria, various individuals had specific tasks assigned to them as their duties in carrying out this program. One of the final stops was to take from the mouths of the gassed victims the remaining vestige of value to the Reich, the gold from their teeth. Thus, when the defendant and his subordinates had completed their task of removing this gold, the flaming mouths of the crematoria completed the program.
The Tribunal finds from the evidence, beyond a reasonable doubt, that the defendant Pook in his capacity as the Chief Dentist of the WVHA had constructive knowledge of the policy of extermination as carried out in the concentration camps by the SS, and, as his part therein he was charged with the confiscation of the gold from the mouths of the subjects and was directly responsible as one of the participants in such program.
The Tribunal will not deal with "Action Reinhardt" at this point as a separate and distinct action, but has made its findings as to this defendant from the over-all picture of the SS extermination program. The confiscation of the dental gold of deceased concentration camp inmates was directly tied into and made a part of the extermination program and "Action Reinhardt."
CONCLUSIONS The Tribunal finds beyond a reasonable doubt from the evidence in this case that the defendant Pook was a principal in, accessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving the commission of war crimes and crimes against humanity, as charged in Counts II and III of the indictment.
The Tribunal further finds beyond a reasonable doubt that the defendant Pook was a member of the SS after September 1, 1939, an organization declared criminal by the International Military Tribunal, as charged in the indictment. Therefore, the Tribunal finds and adjudges that the defendant Hermann Pook is guilty as charged in Count IV of the indictment.
(A recess was taken)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: Judge Musanno will continue the reading of the judgment.
JUDGE MUSMANNO: HANS HOHBERG
Hans Hohberg was not a member of the NSDAP and never joined the SS. Educated and trained as an auditor, he was employed under contract by the SS Administration in his professional capacity. He first came into contact with Pohl in 1940 when he was engaged to audit the accounts of the various SS-Enterprises, and "if possible, to bring order into his companies". Hohberg states that his only superior was the Institute of Public Auditors, and that against his will Pohl made him Chief of Staff W. He sought to deny that he was Chief of Staff W, but the defendants Volk and Baier, as well as defense witness Karoli from Staff W, all confirmed his (Hohberg's) official position.
The evidence shows that Hohberg's part in the SS-Industries went far beyond that of a simple auditor. The task of coordinating and directing W-Industries at the top level was the task of Staff W, whose chief, according to the business order of SS-WVHA, had many duties. He was economic advisor to Pohl, assisted Pohl in the discharge of his duties of management, and the chiefs of the 8 offices in Department W were to report to Pohl only after conferring with the Chief of Staff W on all financial, economic and other important matters concerning the management of the enterprises. The Chief of Staff W was to supervise the manner in which all funds and moneys furnished by or through DWB were to be used. He was to supervise business transactions of all SS-Industries, he was to examine the purchase and sale of all plots of land, and he employed and discharged all employees in Staff W. In his testimony Pohl declared that Staff W was the instrument which he used as the sole business manager of DWB in the supervision of the economic enterprises.
Hohberg is definitely associated with concentration camps. All W-Industries obviously were an essential part of the concentration camp system.
Himmler, in his Metz speech, declared: "We cannot exist without the business enterprises".
Because he was neither a member of the National Socialist Party nor the SS, Hohberg claims an immunity from responsibility for SS excesses. But he worked for the SS-Enterprises, he Planned for the SS-Enterprises, he knew the SS-Enterprises used concentration camp labor, he knew the inmates were unpaid, badly fed, badly treated, yet he continued to work with the SS. He did not wear the SS uniform, but he cooperated and collaborated with the SS as much as if he held high rank in that organization. Having visited many of the concentration camps he cannot plead ignorance as to what transpired within them.
Hohberg showed a great deal of initiative in the development of the SS-Industries. In fact on the stand he described himself as the godfather of DWB.
Although his aim in court was to demonstrate what an insignificant part he played in the WVHA set up, he could not resist the pride of pointing out how he completely reorganized the SS-Industries.
Karoli testified that Hohberg was the expert and economic brain of the enterprises.
When the workshops in the Dachau concentration camp were organized and incorporated into the DAW, it was Hohberg who handled the financial aspects of the transaction and advised Pohl as to what steps should be taken.
Testifying on the matter of remuneration for the use of concentration camp inmates, Hohberg stated:
"I saw the amount of daily wages paid for the inmates and as an auditor I had to give my opinion on what these enterprises should pay to the Reich."
As an auditor, Hohberg was not compelled, as he said here, to render an opinion on what the enterprises should pay to the Reich.
THE PRESIDENT: The Presiding Judge continues the reading.
Through Hohberg's efforts, the German Lebensmittel, the Textile and Leather Company, and the OSTI -- all using inmate labor -- were given the form of a company.
He was frequently consulted when these enterprises were being founded.
The commanders of the concentration camps functioned under Pohl's direction as Works Managers of the various economic enterprises. Thus Hohberg had direct contact with the concentration camps, since Staff W, of which he was the Chief, made the arrangements with concentration camp commanders in handling the various enterprises.
When the matter of transferring armament production to concentration camps was discussed, Hohberg accepted appointment as expert for the WVHA. People desiring to know the details of the transfer of armament enterprises to Neuengamme, Auschwitz, Lublin and Ravensbrueck, were referred to Hohberg as being the person WVHA competent to conduct negotiations.
When the Hermann Goering Works wanted inmate labor, Hohberg attended the conference which considered the ways and means of supplying these inmates. The memoranda written by Hohberg reveal an intimate knowledge of concentration camp labor problems.
Hohberg himself testified that he handled the financial, organizational and legal problems of the Economic Enterprises.
Hohberg inveighed against the SS, accused Pohl of crimes and expressed indignation at the concentration camp excesses. He testified that he left the WVHA because of his disapproval of its activities. But even after leaving, he accepted a contract from Pohl by which his family received 2,000 RM per month.
In 1944, after having left the WVHA, he carried out successful negotiations with Pohl and obtained the cooperation of the SS-Enterprises in the production of jet propelled planes.
Staff W played an important part in Action Reinhardt, in the supervision of OSTI, and in handling loans from the Reich funds. Pohl's report to Himmler, which was prepared by Hohberg, listed OSTI under Staff W. OSTI is listed as a part of Staff W on the chart of WVHA which was signed by Pohl.