Documents 29 and 30 contain character testimonies. and the German document books. The document numbers and the exhibit numbers correspond. client with intolerance and arrogance and thus with contempt of human lives and corruptness of human reasoning. As their reasons they give the activities of the defendants in the Eastern campaign. Under which conditions Braune acted on this occasion I proved when he was a witness on the witness stand.
THE PRESIDENT: May I interrupt a second, please.
Mr. Walton, the Tribunal also has Document Book II, so we would suggest that you send to your office to see if that book is there.
MR. WALTON: Very well, Your Honor.
MR. STUEBBINGER: Under what conditions Dr. Braune acted in the Eastern campaign, I proved when he was here on the witness stand . With the submission of the affidavits, I shall prove how Dr. Braune actually acted in word and deed when he was not immediately bound to the orders of his Chief of State, but when he h ad the possibility to ask higher authorities for support. They prove that criminal and nonsensical orders, he did not carry out unconditionally. But with the whole strength of his personality he resisted such orders. In this way he succeeded, in two cases, to bring about decisions on the part of the Chief of State which can be led back to his own initiative. He thus saved the lives of numerous people and valuable property from being destroyed.
I shall now deal in Document Book I, with the factor of "students' leadership". Document 1, Exhibit 1, is an affidavit by Irmgard Grotjahn, former secretary of Braune, dated 9th of October 1947. It is on page 1 Through a law of the French Government, numerous French students during the years 1943 and 1944 had been drafted to Germany for work.
Braune's secretary, confirmed here that he, as the man in charge of the Reich Student Leadership and as the leader of the German Exchange Academic System, he facilitated matters for these French students whenever he was able to do so. He gave them aid and support, took care that the places of work were improved; he gave them lectures and he had books and magazines given to them, and m ade it possible for them to participate in cultural performances and finally he brought about their release and made it possible for them to take up their studies again. states that Braune, during the activity as Student Leader in 1943, directed a protest letter to the National Student Leader in which he protested against the arrest of about 700 Norwegian students and therefore brought about a Fuehrer decree and the reprimand at the time of the Reich Commissioner Terboven. In this connection, I would like to point to Document Number 12, which I shall introduce at the proper time, from which it also becomes evident that Dr. Braune supported the release of a thousand Norwegian students who on the occasion of the arson of the Oslo University -- had been arrested. Grotjahn, dated 15 Octob er 1947. The Reich Propaganda Ministry had put a fund of a quarter of a million marks at the disposal of the Reich Student Leadership. He, therefore, tried to influence its office politically by asking for reports concerning the use of this money. Dr. Braune prevented this and rather went without the money put at the disposal by the Propaganda Ministry. the 17th September 1947, on page 6. From this it becomes evident that Braune in numerous discussions and speeches professed himself to the European association with mutual fate and that he objected very strongly to the German policy and used his influence concerning the recognition of sovereignty of all nations.
Document No. 5, Exhibit 5 is an affidavit by Friedrich Sipmann, Department Chief in the Reich Students' Leadership Department, dated 10th of September, 1947. It is on page 8. Sipmann herewith confirms that at meetings of students Braune spoke harshly against the German foreign policy, criticized it , demanded a constructive plan for the reorganization of Europe and that he was an opponent to all power politics and to the suppression of national characteristics; he wanted respect between nation and nationals and the voluntary cooperation of all European nations.
Document No. 6, Exhibit 6, the affidavit of Dr. Reinhold Baessler dated the 1st of October, 1947, is on page 10. Baessler was a department chief in the Students' Leadership. From this document it becomes evident that Braune, during his activity in the German Students' organization at meetings and conferences criticized most severely the National Socialist practice. I may here quote a few short passages on page 10, paragraph 2:
"Though an old Party member, he was one of the harshest critics of practical National Socialism among whom I met him in the Party."
At the end of paragraph 3 it says, I quote:
"He quite openly said that the Party must go, if it no longer bore the will and strength for reform."
Paragraph 4:
"He was convinced that the time was ripe for a reconciliation of Europe's old national conflicts, and that only a united Europe could at length withstand the Red danger from the East."
I now come to Section Norway. This shows Braune's conduct and attitude as the Commander of the Security Police and SD in the decisive last months of the war. documents.
Document No. 7, Exhibit No. 7, is an excerpt from a Norwegian newspaper with Braune's picture and a proclamation to the public to report any cases of illtreatment, Braune might have been guilty of, in his capacity as Commanding Officer of the Security Police and SD in Oslo.
the next to the last paragraph. It should not say, "As they were carried out according to the directives", but it should say, "Insofar as they were asked for in the directives". occasions, no informations were received concerning this. and 9, which are also Exhibits 8 and 9. As these documents show, the proceedings had to be discontinued.
Then the next affidavit is an affidavit by Dr. Jungbluth, the German assistant attorney for Germans who were charged in Norway. From this it becomes evident that after the proceedings had been discontinued, Dr. Braune on the 19th of July, 1946, was taken to the German Internment Camp Kiel.
Document No. 9, Exhibit No. 9, is an affidavit by Dr. Keller, Dr. Hans Keller, Departmental Chief in the Office of the Supreme Commander of the Security Police and the SD in Norway, which also confirm the discontinuance of the proceedings.
Documents No. 10 to 12, which are submitted as Exhibits 10 to 12, show Braune as a harsh adversary and opponent of the policy on the part of Reich Commissar Terboven. From the affidavit of Georg Wolff, it becomes evident that Braune rejected the policy as unbearable as exercised by Reich Commissar Terboven and was determined to prevent it in his district by all means, even if such procedure should lead to his being transferred. Hans Keller. In which it is confirmed that Braune was against the activity of Terboven concerning police executives, and that he prevented mass arrests and also prevented the carrying out of extensive activities and that currently he himself ordered releases to be carried out and through this he came into dispute with his superior officer.
Document No. 12, Exhibit 12, is an affidavit by Herbert Not of the 12th of September 1947, it confirms, as I have said before, that Braune objected to the power politics of Terboven and that he advocated the release of the 1,000 students arrested in connection with the arson of the University of Oslo.
Documents No. 13 to 16 prove that Dr. Braune was an opponent of the taking of hostages and that in this also the advocated that the present orders be rescinded. department chief of Braune. He confirms that Dr. Braune instructed the offices subordinated to him in the Oslo district not to arrest any hostages because of escapes to Sweden.
Document No. 14, Exhibit 14, is an affidavit by Irmgard Grotjahn, which confirms that Dr. Braune issued written orders to his subordinates not to arrest any hostages in spite of existing orders to the contrary.
Document No. 15, Exhibit 15, an affidavit by Herbert Not, also shows the fact that Braune was an opponent to the taking of hostages and confirms that Braune himself advocated that the present directives be rescinded.
Document No. 16, Exhibit 16, the affidavit by Hans Keller of the 15th of September 1947, confirms the fact that Braune objected to the hostage order of the commander in chief, Fehlis, and regarded it as incompatible and brought about the rescinding of this order.
From Document No. 17, Exhibit 17, an affidavit by Georg Wolff, dated 10th of September, 1947, it becomes evident that Braune had numerous release applications forwarded to him by his departmental chiefs in Oslo and approved them. He also brought about the release of the Norwegian Prime Minister Gerhardsen. He further had a release proposition drawn up for the release of 1300-1400 prisoners, affected the approval of this plan and thus achieves in this way hundreds of releases.
Document No. 18, Exhibit 18, an affidavit by Irmgard Grotjahn of the 29th of August, 1947. The secretary of Braune herewith confirms that Braune, during his activity as Commander of the Security Police in Oslo, had all applications for release submitted directly to him and received personally all applicants, who, even as adversaries, state their sympathy for, and confidence in, Braune. graph 2:
"I myself was repeatedly told by visitors that they had imagined a Security Police Commander to be quite different, and that they had been surprised to find a man about whom they felt that his intentions were absolutely honest, and although he was actually their opponent, he was a person to whom they had to extend their sympathy and trust."
Document No. 19 , Exhibit 19, is an affidavit of Hans Keller, dated 15th of September, 1947. From this it becomes evident that Braune even had applications which were meant for his superior office sent to his office and on his own authority decreed releases and frequently exceeded his own authority.
Document No. 20, Exhibit 20, an affidavit by Herbert Not, dated 12th of September 1947, confirms that Braune currently decreed numerous releases, proposed to his superior office more than 1,000 releases, which were approved and effected to a large extent. It also shows that Braune was opposed to large-scale operations and that he limited arrests to those persons whose guilt was proven.
THE PRESIDENT: Do you think we might suspend at this point, Dr. Stuebbinger?
DR. STUEBBINGER: Yes.
THE PRESIDENT: I might inquire if we can get any enlightenment on the order of presentation tomorrow morning. Can anyone tell us who will be ready tomorrow morning after Dr. Stuebbinger finishes?
DR. WIESSMATH: Assistant of Dr. Schwarz for the defendant Jost, Your Honor, we intend to submit four document books for the defendant Jost. Of these four two have been translated. These two document book can be submitted tomorrow.
THE PRESIDENT: Very well. Is there anyone else who can tell us about other books to be presented?
DR. KRAUSE (Attorney for the defendant Haensch): Your Honor, I intend to introduce two document books tomorrow. A third document book is still in the Translation Section and a fourth book is just about completed.
THE PRESIDENT: Well, you will be ready to go on after Dr. Wiessmath, who will present books for Jost.
DR. KRAUSE: Yes.
THE PRESIDENT: Well, I think the answer will be "yes" anyway. The Tribunal will be in recess until tomorrow morning at 9:30.
(The Tribunal adjourned until 16 January 1948, at 0930 hours.)
THE MARSHAL: Persons in the court room will please dinf their seats. Tribunal.
DR. LINCK: Linck for the defendant Ruehl. Your Honor, may I make the announcement now, if it is agreeable to the Tribunal, that I shall be prepared after the lunch recess to submit my documents and that my colleague, Dr. Lummert, would like to be the next one. I assume that the time before lunch has already been filled up, so that there will be no difficulty in my submitting my documents after lunch. The prosecution has been informed about it, and they agree.
PRESIDENT: If we keep going continuously until noontime, what you say can be done easily, but should there be any lull, as we indicated before, we will immediately proceed with the rebuttal, so you will just have to take that chance, Dr. Linck. If you are assured with conversation with your colleagues that there will be a continuous flow of documents until noon, then you can go about with a free and happy heart until 1:45, but if your colleagues cannot assure you of that, you had better keep one foot within the doorway.
DR. LINCK: All right, Your Honor.
PRESIDENT: Very well.
DR. STUEBINGER: May I please proceed, Your Honor? We concluded yesterday Document Number 20.
Grotjahn, of the 4th of September 1947. It is on page 34. It proves that based on the operations for the release of prisoners which Braune initiated, a number of old men and woman, diseased people, hostages, those who distributed pamphlets and leaflets, and a lot of those people who listedned to the English radio stations were released. out of a large-scale actions because, he could not reconcile it with his feeling for justice. Hans Keller, of the 15th of September 1947. Keller herewith confirms immediately took steps against the mass actions against the Norwegian resistance movement, and that he was able to prevent those. When the Reich Commissar, Terboven ordered extensive retaliation measure against Oslo and asked that about 60 Norwegians should be shot and more than 1,000 huts should be burned, Braune resisted this action. He requested a decision by the Fuehrer and, therefore, he succeeded in having Hitler forbid the operation. Therefore, it was Braune's doing that numerous Norwegians were saved and valuable property was saved from destruction. Grotjahn of the 4th of September 1947. It is on page 37. By order of Terboven in the program of a retaliation measure in the Oslo sector, a number of innocent Norwegians were to be shot and a number of huts were to be burned. From this document it becomes evident that Dr. Braune forced the Fuehrer decision and that he resisted this action. the 10th of September, 1947.
It is on page 39. This document confirmed that Braune in his discussions which he had with his departmental chiefs, protested against the carrying out of mass operations and especially against the action in Nordmarka. He refused to have this operation carried out and he succeeded in obtaining a decision by the Fuehrer which prohibited the carrying out of this action. of the 12th of September 1947. It is on page 41. In this document it is emphasized especially that Braune, by forcing this Fuehrer decision, made it possible for Terboven to be restrained from making his own decision in carrying out police security measures.
Documents No. 26 up to 28 confirm the resistance of Braune against other further retaliation measures. of the 25th of September 1947. It is on page 43. From this the following becomes evident: On the 26th of April 1945 the Norwegian resistance movement had shot three German soldiers, one had been strangled with a steel wire, and one had been strangled with a steel wire, and one had been beaten to death. Two Norwegians who had participated in this action were to be shot by demand of the Wehrmacht, after having been put before a court martial, and their farms were to be burned. Dr. Braune managed to prevent that and saved the lives of these Norwegians and their houses.
Nuber 27, Exhibit 27, is an affidavit by Kloetzer. This confirms that Braune managed to prevent the large-scale action which had been ordered by Terboven in Kongsberg-Notodden. Kloetzer of the 30th of September 1947. It shows that Braune objected to an action which had been ordered by the Wehrmacht and the Higher SS and Police leader in the sector Drammen, so that this action liekwise was not carried out.
In each of these documents there are other incidents mentioned as well. Therefore, they are not cumulative. Sipmann of the 10th of September 1947 about the testimony of the defendant. The former student-leader, Sipmann, gives a picture of the character of Braune. He emphasizes his decency and his kindness, his matters, and in matters of general political matters, his refusal to deal with political fanatism, and I may quote here a short passage lerant person. I quote, "He was an opponent of all ready-made sentences. He was a sincere person, who, without any fanatism and without any prejudices, tolerated other people's opinions. Number 30. It is an affidavit of the Protestant parson, Dr. Guenther of Oslo, who has been living abroad for 40 years.
It was his task after the capitulation to care for those prisoners who were still in custody pending investigation, and Braune was one of these prisoners at the time. Dr. Guenther, who was married to a Jewess, would have had no reason to support a person who has been guilty of participation in persecution of Jews in Norway or in the East. In spite of this statement about himself, he regarded it as his duty to show the attitude of Braune to the American Military Tribunal. Then this decision can only be explained by the wisdom of old age in order to show in what manner Dr. Guenther is intersted in the fate of my client, and how he estimates him personally. I shall read a few passages from this affidavit. On page 50, paragraph 2, the last sentence, "Very soon I came to esteem him as a very valuable person who is far above the average people. In a number of long discussions which took place, we tried to find out the ultimate reasons for the collapse, and it is amazing how we understand each other on the deep subject of ideology."
In paragraph 3, Dr. Guenther speaks about the great frankness which Braune showed towards him. In paragraph 4, "Dr. Braune is mentally and spiritually very much alive, with an ardent soul, of an idealistic character. What seems especially striking to me is his absolute truthfulness." And the last quotation which I want to read, which is on page 51 at the bottom, "I have learned to like Dr. Braune as I would a son." I have nothing to add to this quotation.
I now start D ocument Book II. Document Book II contains decrees and regulations, clippings from newspapers, and operation reports.
Document Number 31, I can omit. It is a supplement to instructicn 33 of the Chief of the High Command of the Wehrmacht concerning the maintenance of peace and order in the East. This document has already been offered as an exhibit by defense counsel for Ohlendorf.
Document Number 32, I offer as Exhibit Number 31. This is a photostat. It contains the decree of the Army High Command Chief, Keitel, dated 16 December 1942, on the anti-Partisan warfare. It becomes evident from this decree that the Wehrmacht was instructed to use the most brutal measures in combatting the bands in the East and that the unit had the authority and the duty to use any means also against women and children -- any means that achieves its aim. It says, "Consideration of any kind is a crime against our own people."
Document Number 33, I offer as Exhibit Number 32. It is Ordnance Number 1 on crimes and other punishable acts, issued by the Supreme Commander of Military Government, Germany.
Number 35 I offer as Exhibit Number 33. It is a supplement to the "Hannoverschen Neusten Nachrichten", second year, Number 62, of 16 August 1947, and it contains an article by the former American Ambassador in Moscow, William C. Bull*tt, entitled "The Strength of our New Foreign Policy". This article shows how the American Ambassador regarded the actual character of Bolshevism.
Document Number 37 I offer as Exhibit Number 34. This is an excerpt from the "Neue Zeitung", third year, Number 81, of 10 October 1947, containing statements made by a writer who had fled from the Eastern Zone and had lived in Russia many years. His name is Theodor Plivier. He is the author of the novel, "Stalingrad", and his statements were made to the Dutch writer, Jef Last. They were published in the Dutch newspaper, "Het Vrije Volk". The submission of this document has been announced when Dr. Braune was in the witness stand. It shows that the Volga-German Republic had been liquidated during the war and that probably none of the population has survived.
Document No. 39 I offer as Exhibit No. 35. It is an excerpt from the Wiener Kurier of the 30th of August, 1947, No. 200, 3d year, which contains an article entited, "More than 30,000 Germans are recruited for forced labor in the Soviet zone." The Wiener Kurier is published by the American Forces for Vienna population. Therefore, it can be assumed that this report is correct. With the submission of this document, which I shall come back to in my final plea, I want to prove that the description given by the defendant about the international legal situation which he found when he came to Russia is accurate, and corresponds to the present attitude and behavior of the Russians in the Eastern Zone.
Document No.40, I offer as Exhibit No. 36. It is an affidavit by Anni Kuhfahl of the 28th of July, 1947. The witness is probably known to the President from the Pohl trial. It shows that the mere application by an SS members for an assignment in the Zone of the Interior was interpreted as cowardice and was punished with commitment to a concentration camp.
Document No. 41, I offer as Exhibit 37. It is the order transferring Dr. Braune to duty with Einsatzgruppe D of the Security Police and the SD. It is dated 29 September 1941. I must draw the attention of the Tribunal to this date.
Document No. 42, I offer as Exhibit No. 38. It is a retransfer order to Dr. Braune from Einsatzgruppe D to the State Police Office in Hallo, dated the 25th of July, 1942.
Documents No. 43 and 43a. I shall omit now, because they have already been offered as exhibits in the case for Ohlendorf. The same is true for Document No. 47; also Documents 48 and 49 I skip now. They are already contained in the document books of the prosecution.
The Documents Nos. 44 up to 52, except these which I have just mentioned are operation reports to which the defendant has referred in his examination on the witness stand.
I will give now the Exhibit No. 39 to Document No. 44. Document No. 45 will get Exhibit No. 40. Document No. 46 will get the Exhibit No. 41.
Document No. 50 will get Exhibit No. 42. Document No. 51 will receive Exhibit No. 43, and Document No. 52, will get Exhibit No. 44.
I now come to Document No. 54. This I offer as Exhibit No. 45. It is an excerpt from the Wiener Kurier, 3d year, No. 252, of 31 October 1947. In contains the verdict in the Sachsenhausen Trial. From this it becomes evident that the 16 defendants of the concentration camp Sachsenhausen were sentenced to forced labor as a result of the decree of the Supreme Soviet of USSR of 26 May 1947 regarding the abolition of capital punishment and that this decree was also enforced in the Eastern Zone. This document shows that the Soviet Union is a signatory power of Control Council Law No. 10 and that she changed the form of punishment and abolished the death penalty for her own sector.
Document No. 53 I offer asExhibit No. 46. It is a clipping from the Wiener Kurier of 6 November 1947. It contains the sentence passed by the War Crimes Tribunal Bobruisk, in White Russia of the 5th of November 1947, against 22 defendants who were charged with having murdered over 2,000,000 Soviet citizens. Therefore, this trial is similar to ours in regard to the charge. All defendants, including commanders of the highest military rank such as Generals Ochsner, Traut, Konradi, and Tarbuck, were sentenced to 25 years forced labor in a labor camp.
Document No. 55 I shell skip.
Document No. 56, which the defendant referred to in his direct examination, which I offer as Exhibit No. 46, consists of excerpts from operation reports regarding the various garrisons of the commando.
I now come to a supplement. It is the affidavit of the ethnic German Eduard Schilke of 19 December, 1947. I shall give this the Document No. 57 and Exhibit No. 47. Schilke here describes his experiences in the Soviet Union. The document shows -
THE PRESIDENT: It seems that the numbers are slightly confused. You gave Document 53 No. 46 and then you gave Document 56 also 46. It should be 47.
DR. STUEBINGER: Yes, I just notice that I made a mistake. Document No. 56 should receive Exhibit No. 47, thus making the affi davit of Schilke, which is Document 57, Exhibit 48.
This document shows that as early as 1937, ethnic Germans were deported to Siberia and had to suffer cruelties during the War. It therefore confirms the statements made by the defendant in the witness box.
The last document, Your Honor, I have here in German. It is, as far as I know, not translated yet. It is a very whort document, and, if the prosecution agrees, I shall read it into the record.
MR. WALTON: If your Honors please, before he introduces that, if he will let Dr. Hochwald read it, since it is short and we have not been served with a copy; I think we would be prepared, but I would like to see it before it is offered.
THE PRESIDENT: Very well. That is being done now. What agreement have you reached, if any.
MR. HORLICK-HOCHWALD: If the Tribunal please, the document in itself is certainly material, but I see there is only one carbon copy and from the exhibit itself it is not clear to the prosecution how the original looks and wherefrom the defense has obtained the original. I do not know whether this is purported to be an original letter obviously from the contents, but the exhibit itself is just a carbon copy, not signed, nothing. If the defense counsel for Dr. Braune will explains the form, we certainly have no objections against the contents.
DR. STUEBINGER: Your Honor, it is a letter of the Einsatzgruppe Chief Ohlendorf to the then SS Sturmbannfuehrer Braune of 2 November 1941, from which it becomes evident that Braune, effective 19 November 1941, was to take over the leadership of Einsatzkommando 11B. It becomes evident therefore from this document that between the order of the 29th of September Document No. 41, Exhibit No. 37; more than six weeks elapsed until Braune was able to take up his position in Kommando 11B. say that I have seen the original. I did not, however, submit the original, because Dr. Braune wants to keep it, but he will at any time put it at the disposal of the Tribunal, if the Tribunal attaches any value to it.
It is signed by Ohlendorf. As far as I know, he received it from his wife. She found it at home among his papers.
THE PRESIDENT: Mr. Hochwald wishes to say something.
MR. HORLICK-HOCHWALD: Your Honors, of course, we do agree with the defense counsel for the Defendant Braune, but I do think it is the right of the prosecution to see the original. In this form that is a question of principle, which I am bringing in now in this form, the exhibit is certainly not admissible, so if we allow the exhibit in in this form, we do it for the simple reason, if we see the original and can find out that it is an original.
THE PRESIDENT: There is no doubt that this is secondary evidence. As a matter of fact, all evidence should be submitted in the original to the Tribunal, but we have allowed this liberality for the purposes of convenience and facilitating the trial.
MR. HORLICK-HOCHWALD: We do agree to that, but, nevertheless, we would like to see the original. We then will have no objection that the exhibit is put in in this form.
THE PRESIDENT: Can't you show him the original?
DR. STUEBINGER: At the moment I do not have it with me, Your Honor, but I can get it. It is in our offices. I shall put it at the disposal of the prosecution.
THE PRESIDENT: Mr. Hochwald, can't we accept this provisionally?
MR. HORLICK-HOCHWALD: Certainly, Your Honor. If defense counsel for the Defendant Braune pledges himself to show us the original, we have no objections against the document.
THE PRESIDENT: Very well, proceed.
DR. STUEBINGER: That is the end of my submission of documents, your Honor. I would like my client to be excused this afternoon, if it is possible.
THE PRESIDENT: The Defendant Braune will be excused from attendance in court this afternoon, in accordance with the request of his counsel.
DR. STUEBINGER: Thank you.
THE PRESIDENT: Very well.
THE PRESIDENT: Yes, Mr. Walton.
MR. WALTON: Prosecution objects to the first six documents of the Braune Document Book I on the grounds that since these documents deal with his activities with the National Student Leadership and Chief of the German Academic Exchange Service, they do not apply to the issues as laid down in the indictment and are therefore immaterial. through and including Document 28, the whole series of documents. These documents pur*ort to deal with Braune's activities in Norway. Not one charge in this indictment relates to his activities in Norway, all of which occurred after his return from Russia. grounds that the source of this document is not given. The signature of Keitel is not attested to and for other formal reasons as to the form of the decree. to Braune Document 33 on the grounds that the laws issued by the Military Government of Germany are certainly immaterial to the issues in the case which are laid concerning crimes against Russian nationals. or a copy of a newspaper report clearly expressing the opinion of the author. It is neither a document nor is it an affidavit and it has therefore no probative value.
THE PRESIDENT: Mr. Walton, just a moment, please.
You may proceed, Mr. Walton.
MR. WALTON: Prosecution objects to Document 36, another newspaper account from a Swiss newspaper. I would like the record to be amended to show that Braune Document No. 36 was not offered.