But, at any rate we would like to have not only the letters but the envelopes in which they were mailed. A representative of the Prosecution, and if the defense has a representative in Berlin, can call on you to obtain these letters. At any rate to whomever you consign these letters you will obtain a receipt that the letters were consigned to that person and then the letters will be submitted to the Tribunal.
Now will you please write those words?
WITNESS: Yes, but I just find that I have left my fountain pen in the other room.
THE PRESIDENT: Any pen will do. Where is your pen? Page, will you get the pen for her?
DR. KRAUSE: Your Honor, I ask that the witness be given the opportunity to use her own fountain pen.
THE PRESIDENT: The page has gone for her own fountain pen.
DR. KRUASE: Pardon me. Thank you.
DR. HOCHWALD: If the Tribunal please, it is respectfully moved by the Prosecution that all exhibits in the case connecting the case of Haensch with the different negatives and positives of this picture mentioned, the two negatives, the one positive, the appointment pad and the book, the different examples of handwriting of the witness may be handed to American experts who should be able to answer all questions.
THE PRESIDENT: Why do you say American experts? To experts.
DR. HOCHWALD: To experts, Your Honor.
THE PRESIDENT: They can be German as well as American.
DR. HOCHWALD: Certainly your Honor. I only said to American experts for one reason as I do not think there is an institute at the moment in Bavaria other than American who can expertise these letters. That was the only reason.
THE PRESIDENT: Well, defense counsel will have the same privilege of presenting them to whichever experts they select.
DR. HOCHWALD: Certainly, I beg Your Honor's pardon.
DR. KRAUSE: Your Honor, Dr. Riediger has already made the motion to undertake a comparison of handwriting by experts. May I repeat that motion?
DR. HOCHWALD: If the Tribunal please, I have then said that we have no objection against this motion but that we think it is premature before the Court until the witness will be heard. There is no objection by the Prosecution whatsoever that the defense hands these samples of the handwriting of the witness to any expert the defense may desire. I do think my motion was different. I said all exhibits which include also the negatives - I have mentioned the negatives - and the positives of the picture - we are interested to know when and how the picture was made. So we move that all these exhibits may be handed by the Tribunal in the form the Tribunal desires to experts who can determine all pertinent questions in this case.
THE PRESIDENT: The exhibits will be in the custody of the Secretary General and they will be available both to the Prosecution and to the defense for expert scrutiny, comparison, analysis and eventual report to the Tribunal.
DR. HOCHWALD: Thank you very much, your Honor.
THE PRESIDENT: Just one last question, witness. You have testified that both you and Frau Schreyer kept this appointment pad. In this particular one which we have here in the Tribunal do you know whether the pad was kept more by yourself or more by her?
appointment pad as between you and Frau Schreyer?
Q Very well. Was the appointment made the same day the picture was taken?
Q You don't recall whether you saw Haensch that day or not?
wouldn't you?
Q But when you saw the negative you couldn't recollect him as an individual, you only recollected the picture or rather the negative which you had seen before?
A That's right.
THE PRESIDENT: Secretary General, will you please take these exhibits now so that they won't be confused.
Yes, Mr. Hochwald.
DR. HOCHWALD: If the Tribunal please, in order to make the case completely clear I would respectfully request that the Tribunal advise the witness Schreyer to hand over the appointment pad of the second part of December 1941.
THE PRESIDENT: Well why not say the entire month so there won't be any confusion.
DR. HOCHWALD: If possible, the entire month.
THE PRESIDENT: Do you intend to have a representative call at Frau Schreyer's to pick up these pads?
DR. HOCHWALD: I intend to do so with the permission of the Tribunal.
THE PRESIDENT: The Secretary General will make the necessary entry and the transcript will show this, that Frau Schreyer is directed to turn over to a representative of the Prosecution the appointment pads kept of her work during the month of December 1941.
DR. HOCHWALD: Thank you very much your Honor.
THE PRESIDENT: And now defense counsel may introduce the exhibit made up by the witness if he so desires.
THE WITNESS: I have to wait for the fountain pen.
THE PRESIDENT: Page, where is the fountain pen? Have you located it?
DR. KRAUSE: Your Honor, the witness calls my attention to the fact that she had to have her fountain pen in order to take down the sample with ink.
THE PRESIDENT: Well, where is the fountain pen?
DR. KRUASE: I just hear that somebody was sent out to get it.
THE PRESIDENT: Where did you leave your fountain pen?
THE PRESIDENT: Seems we have to establish a lost and found department in this particular instance. Well, under those circumstances the witness will have to return to the witness home to write up these exhibits because she doesn't have her fountain pen here.
DR. KRUASE: Well, I ask that she be permitted to do so.
THE PRESIDENT: Witness, please return to the witness house and combe back to the court house if you can still today, otherwise tomorrow morning, with the documents which you are to prepare. Is that clear to you?
THE PRESIDENT: Defense counsel, and prosecution counsel as well, unquestionably who were cherishing the hope that the rumor might be true that the Tribunal would not sit tomorrow will have to blame Dr. Hoffmann if this hope has been punctured because we have just received a note to the effect that the witness that he had summoned will be here tomorrow morning. The Tribunal will be in session for a short period to hear this witness tomorrow at ten o'clock, and after that witness is heard, then the Tribunal will adjourn until January 5th, so that now the Tribunal will be in recess until tomorrow morning at ten o'clock.
(The Tribunal adjourned until 20 December 1947, at 1000 hours.)
THE MARSHAL: The Honorable, the Judges of Military Tribunal II.
Military Tribunal II is now in session. God save the United States of America and this Honorable Tribunal.
DR. HOFFMANN (Attorney for the defendant Nosske): Your Honor, I have heard that the witness Haensch is here, I beg your pardon, the witness Harsch. May I ask the Tribunal if it is agreeable to them that the witness Harsch may be lead into the Court?
THE PRESIDENT: The witness will be brought into the courtroom and taken to the witness stand.
DR. KRAUSE (Attorney for the defendant Haensch): Your Honor, yesterday I was to be given the specimen of the handwriting of the witness Reich in order to introduce it as document. This was the specimen which she gave of her handwriting here on the witness stand. Unfortunately, I was not in a position to reach the witness in order to get this specimen of her handwriting. I do not know whether I shall reach her. In this case this is not -
THE PRESIDENT: Just a moment, there is no use of your putting a long question to me when I already know the answer.
DR. KRAUSE: Well, the important matter to me now is whether I will get this specimen of her handwriting.
THE PRESIDENT: That is what I am going to tell you. You see, I know the whole story so you don't have to tell it to me. The witness returned after the session of the court had terminated and turned over to the Tribunal the specimen of her handwriting and the copy in Gothic script of her affidavit and these have been turned over to the Secretary General to be kept in the archives until the court reconvenes in January. We don't believe that it would be wise during the holiday season to have these exhibits outside the Secretary General's office, because there is always the chance of loss, so that if you will address yourself to the Tribunal or to me personally when we reconvene on January 5th, we will accede to your wishes.
DR. KRAUSE: Thank you very much.
THE PRESIDENT: Very well.
ERWIN HARSCH, a witness, took the stand and testified as follows:
JUDGE SPEIGHT: Witness, raise your right hand, repeat after me: pure truth and will withhold and add nothing.
(The witness repeated the oath).
JUDGE SPEIGHT: You may be seated. BY THE PRESIDENT:
Q What is your name, witness?
A Dr. Harsch.
Q And what is your address?
Q Do you have a street address?
Q Very well. Witness, Dr. Hoffmann, who is the attorney for the defendant Nosske in the case which is being tried before this Tribunal, indicated to the Tribunal that you were familiar with an incident or episode in which the defendant Nosske played a part during the war. We are not going to put any specific questions to you immediately, because we do not know enough about your knowledge of the situation even to put questions. Dr. Hoffmann has suggested that you be summoned here to court and that has been done and suggested that you be allowed to tell your story and you may do so. Just tell the Tribunal what you know about this episode in which Nosske played a part, giving us the dages, the places, and all relevant data.
A I will. During the war I was a member of an engineering unit. In 1941 we had built a bridge across the Dnjestr River from Bessarabia to the Ukrainian part. After the bridge had been built, my unit went along to the Bug River, while I myself and a small kommando remained at this bridge. Approximately the middle of August, 1941, a passenger car appeared at this bridge in which there were one or more members of the SS - they might have been members of the SD, I do not remember.
Q Yes, now, Dr. Harsch, what unit were you with?
Q This, of course, was part of the Wehrmacht?
Q And what rank did you hold?
Q All right. Now you were an NCO of the Bridge Building Battalion of the Wehrmacht, you had built a bridge across the Dnjestr River, a bridge which spanned the river and which conducted traffic from Bessarabia to the Ukraine, generally speaking; and in the middle of August, a truck appeared. Proceed from that point. addressed as Sturmbannfuehrer, asked for the bridge officer. I told him that I was dealing with matters of the bridge, whereupon he said, "Surely, we know each other." He said that he had been in Halle and that I also came from Halle. After a few questions and answers we found out that the man who asked the question was a Government Counsillor, Nosske, who at the beginning of 1930 had worked in Halle as a lawyer and whom I knew from there, whom I had met during that time, in fact.
I had then been a lawyer and notary public in Halle.
This Nosske put his request to me. He told me that a large column of Jews would be lead to this bridge and would be lead back into Bessarabia. I do not remember what number it was that he mentioned. It could have been between 10,000 and 20,000 Jews. possibly even the whole night, and he asked me whether the bridge could be released for this purpose. Of course, now, this bridge had all the traffic to the front line. As such, it could not be interrupted, so that I could not release the bridge for so long a period, unless there was some other possibility to get the traffic to the front line; there was another possibility which was that for this night another bridge had been completed for traffic by the Organization Todt a few kilometers down stream. of one half of the bridge so that the traffic could go across this bridge that night. I notified the Constabulary that at the beginning of darkness the traffic to the front line could go across the new OT bridge and now I said to Sturmbannfuehrer Nosske that at the beginning of darkness, he could use my bridge for this Jewish column. In the evening between seven and eight, he reappeared with a Kommando, I think there were several vehicles with the Kommando and preparations were made to lead these Jews across this bridge to Bessarabia. There was a difficulty, however, because the Rumanians, particularly the Rumanian bridge kommando on the Bessarabian side had received instructions not to allow these Jews to re-enter Bessarabia. As a consequence of this, this kommando, especially the Rumanian officer in charge, was told a fib. They said that the Rumanian Government had agreed to the retransport of these Jews or something to that effect. In any case, this Rumanian officer left by motorcycle in order to consult with his higher authority and the SD kommando made use of his absence and mounted a machine gun over the Rumanian guard and after dark, about eight o'clock in the evening, or possibly 2015.
the Jewish column was lead towards the bridge without any further difficulties. They were transported to the Bessarabian bank where the Jews were left to themselves. Nosske and his other officers among whom there was the Criminal Commissary in SS or SD uniform from Halle, whose name I had heard before, that these Jews were supposed to have come from Northern Bessarabia and from Bukovina and from northern Rumania. I think Czernowitz was mentioned especially in connection with this, from which these Jews were supposed to have come.
Q How did they get over into the Ukrainian territory? Were they led over? Were they driven over, or how? Kommando and from certain observations which I made during my march through Bessarabia and Rumania. The Rumanians, after the Russian campaign had started to drive the Jews from Bessarabia, the newly occupied territory and from the former Rumanian points from Jassy and so on across a bridge to the Russian sector and left the Jews there to their fate. It was talked about then that these 10,000 to 20,000 Jews had been led across a bridge near Mogilew. That was a Rumanian bridge which had been built from Rumanian pontoon bridges. They had been led across it over to the Russian side and immediately behind this Jewish column, this pontoon bridge had been dismantled. These Jews had tried to disperse in the Ukraine but by this Einsatzkommando they had been recollected and had then been taken in a mass in a few days up to my bridge upstream. expulsion or a voluntary pilgrimage? Rumanians. Government or its representatives with regard to this movement of Jews? been taken yet against the Jews or only gradually. Of course, they were always stopped again, but in the newly occupied territories, especially Bessarabia, the Rumanians expelled all the Jews from their settlements and they were herded into groups and as far as I could observe it, they were led across the country until large columns were finally taken across the Dnjestr River into the Ukrainian territory.
Q Did these Jews all move on foot?
Q I presume that it was an entire population. Therefore you had men, women, and children of all ages. children, babies, etc. The whole Jewish population from the individual localities.
Q Did they carry any equipment of any kind, household equipment? with provisions of any kind. Sturmbannfuehrer Nosske informed me that he had seized peas in some place and the Jews lead to my bridge had been given these peas. He had them distributed to them. Furthermore, I saw when this long column passed my bridge, I sill saw peas lying on the ground.
Q When had they left Rumania, do you know? according to my estimate took place in the middle of August and the expulsion could not have taken place very much longer previous to that because the Dnjestr bridges were not built until July 1941. you? Bessarabia I had seen Jewish columns repeatedly which were driven by Rumanian Constabulary across the country without my being able to recognize at the time where they were to be taken to.
Q At what bridge did they cross over the first time? bridge to Bessarabia were, as far as I was informed led into the Ukraine across the bridge near Mogilew, a bridge which was 30 kilometers or even more upstream from my bridge. Thus they were led across to the Ukrainian bank.
Q And did you say that was a pontoon bridge?
A Yes, that was a pontoon bridge; that was what I was told, that was a bridge which was made from Rumanian pontoon material, a rotable bridge. This bridge was then taken apart again after this column had passed, so that the Jews could not return across this bridge to the Bessarabian which is now Rumanian bank. had reentered Bessarabia, did you ever learn what happened to them? again colleted these Jews and transported them into the interior of the Bessarabian territory where camps were now set up.
Q Were they not allowed to go back to their original homes?
A I don't think so; I didn't see anything to that effect. All I saw was in one or more places in Bessarabia, there were parts of forests surrounded by barbed wire, in which the Jews were kept.
returned into Roumania?
Q Dr. Hoffmann, would you like to address some questions to the witness?
DR. HOFFMANN: I only attach particular value to the fact that the witness confirms that I have had no contanct with him before. And that he is testifying here without my ever having talked to him before, is that correct, witness?
AA few weeks ago I received a letter by a lawyer in Hanover. I can't say what the name of this Gentleman was who mentioned that he was defense counsel of a certain man, Herr Dr. Gruenewald, who had been before the War Criminal Commissar in Halle and was of the Staff of Dr. Nosske whom I saw on the occasion of this Jewish transport, and whom I saw on the occasion. Hr asked me fora statement concerning this incident. This statement I gave to this lawyer in Hanover, the name of whom I do not recollect at the moment.
DR. HOFFMAN: But his name wasn't Hoffman was it?
THE PRESIDENT: Well, Dr. Hoffmann, even if you had spoken with him that would be entirely proper. There is no reason why an attorney may not speak with a witness and find out what he has to say. But your statement that you did not see him is adequate for the Tribunal and it isn't necessary for anybody to confirm anything what you tell the Tribunal with regard to yourself.
DR. HOFFMANN: With that I have no further questions.
THE PRESIDENT: Mr. Walton, do you have any questions? BY MR. WALTON:
Q Witness, were you a member of the Nazi Party? the war?
Q are you a member of the German Lawyers' Association?
A Yes. But there was a procedure for exclusion against me which was, however, without result.
Q Wasn't the German Lawyers' Association a branch of the Nazi Party for lawyers? defendant Nosske?
A Nobody approached me for the defendant Nosske. I merely received a telegram the day before yesterday that I should appear in Nurnberg as a defense witness without telling me what case was concerned.
Q Did you ever talk to his wife?
A No. I didn't even know whether he is married. bridge commander on this Wehrmacht bridge crossing to the Dnjestr River. How many SD officers did you see the day that Nosske came to your bridge besides Nosske?
AAt least another two. There might, however, have been more officers. I must say that the insignia and badges of SS and SD I do not know very much about.
Q Were you at that bridge all day?
Q What time did Nosske arrive? What time of day?
Q Morning, afternoon?
A That I could not tell you now. It is poissible that he arrived the day before even but any way it was in the day time and there was quite some time left for the discussion or the release of the O. T. Bridge. spoke to Nosske?
Q I am not speaking about the Jewish transport. I mean, in the normal course of business during the day did you speak about anything whatso ever with other SD officers or SS officers than Nosske?
Q Traffic was quite heavy across your bridge, wasn't it? they not? this bridge.
Q What did your traffic consist of most of the time? the Bridge. you saw during the day?
Q How many did you see? How many SD Officers did you see the day before Nosske got there? with you?
Q You could have seen them but you just don't remember, is that your answer? bridge. The next day another car arrived to bring me and my people some food supplies, but I don't know whether that was brought by an officer or a man. and not SS units, would they not?
direct, but with the money we couldn't do anything at all because the regulation slips were not valid in Bessarabia because it was Roumanian Sovereign territory, and in the Russian sector in the Ukraine, one could not buy any thing with that money.
Q Perhaps you misunderstood the question. The car that came to your bridge the following day you say came with food. Now, I ask you the question didn't you draw your food supplies or your money to buy food from the Wehrmacht and not from the SS? occasion. At that time we did not receive any food from the Wehrmacht. We only received money but we could not use this money and that is what I told Dr. Nosske in the course of our conversation and then he said, "I shall send you and your people something to eat."
DR. HOFFMANN: I would only say, your Honor, the witness must give quite lengthy answer to Mr. Walton's question. Please allow him this answer.
THE PRESIDENT: I think the question has been put and the answer has been given.
BY MR.WALTON: arrived the next day was an emergency measure and you drew some emergency food supplies from Nosske, is that correct?
A Yes. We had difficulties with our food because we only received money for our food and and in order to help us a little Dr. Nosske sent us a little additional supply.
Q Yes, Your relation with Dr. Nosske were extremely friendly, is that correct? that night. He had worked with a lawyer in Halle and he, of course, especially as I was able to release this bridge for him thanked me in this manner.
Q Yes. One good favor deserves a favor in return, that's correct, isn't it?
A I did not regard it a favor. I regarded it as a particular way to show appreciation but also as a comradely act. As I say, it was an appreciation for my people and my men.
Q Now, let's return. How long were you bridge commander at this particular bridge? away.
Q Approximately two months time?
A No, I said until 3 September. That is about just a little more than 14 days after that episode.
Q How many Jewish transports did you see during this time? which was lead back through all this night in question and only a few individual people still arrived the next say in small groups or by themselves without any escorts. They also went across this bridge to the Roumanian Bank.
over that brifge, wasn't it?
A I wasn't really tolf anything about it. Of course, there were the traffic regulations in effect as it was a one way traffic. That is either from the front line or to the front line but I was not aware of any directives whom we should not let pass the bridge.
Q Did you ever refuse to let any Jews cross your bridge?
A I was never put into this position to refuse; except for this one incident there was not request made to me and there was no civilian traffic across this bridge anyway. and small groups of Jews continued to cross this bridge after the main body of the transport had gone across? either Wehrmacht, or SS or SD? that they were part of this column so, of course, I let them pass my bridge to the Bessarabaian bank without further ado. next day or after the main body of the transport had crossed? Did you speak with them, talk to them? they felt safe in the persons, in their possession? bank and were glad they could go back to Roumania from which after all they had been expelled. on the Roumanian bank shouted "Hurrah for Hitler".
Q Isn't it natural that an individual Jew unescorted would come to a German held bridge. I say isn't it natural for him to ask permission to cross that bridge rather than to walk on it, without permission he had seen that the others had already crossed the bridge.
24 hour or 48 hour period? Your bridge guards, that is.
A I did not have to tell the bridge guards. I did not say so in so many words. After 10,000 or more had crossed each individual person following would be permitted to cross the bridge. We had no control over civilian people. precedence. You could keep them off of it, couldn't you? exist. That's whay you mean to say, is it not? that after arrangements were made with Nosske for the crossing of the bridge by the Jewish transport the Roumanian Commander on the other side was notified. Who notified him that these Jews were coming across? Bessarabian bank.
Q Did you go with Nosske?
A No. He drove there in his car. motorcycle to go to see his superior?
A Nosske told me, but it is possible that I saw it myself. Anyhow this Roumanian Lieutenant at the time of the beginning of this transport, was not at his sentry post.