That the defendant Graf had done everything in his power under the existing circumstances, to evade the order for liability to serve in the SD, has been clearly shown by the evidence. ly active in the SD, and neither that he did in fact possess any knowledge of the SD being used as an instrument for the achievement of criminal aims.
2.) Membership in the SS. became a member only in 1933. After having been ordered to join the SD on the basis of his liability for Emergency service he made application, in June 1940, for a renewal of membership in the SS having been urged to do so by his superior officers. Graf then became member of the Special Formation SD of the SS. To the general SS Graf had had no connections since 1936. Graf's re-entry into the Special SS-Formation SD was an inevitable consequence of his conscription for service with the SD. That is, he did not join it of his own free will. In any case, it has been established that Graf did no duty with the SS after 1 September 1939 and did not come at all into contact with the SS as such. On the other hand, his activity with the SD was entirely independent from his membership in the SS. Therefore it cannot be said that the SS had any authority of command over defendant Graf's actions. The Military Tribunal II acquitted in Case 4 versus Oswald Pohl and others, the defendant Volk of the charge of having been a member of the SS because it had not been established clearly enough if the SS had had exclusive authority of command over Volk's actions.
he is not guilty of crimes against humanity and war crimes. There is no basis to the supposition that he knew of the above-mentioned crimes committed by the SS. The correct personal behavior of the defendant speaks against this supposition. defendant Graf is neither guilty on Count III. Matthias Graf and for his release from custody.
THE PRESIDENT: when the Tribunal reconvenes at 1:45 we will hear the two witnesses which are still outstanding and then -
DR. BELZER: I can't understand.
THE PRESIDENT: It doesn't affect you anyway, Dr. Belzer; you are through. And then we understand that Dr. Koessl will be ready to deliver his final plea in the Schubert case.
The Tribunal will now be in recess until 1:45.
(A recess was taken until 1345 hours.)
11 Feb 1948_A_MSD_14&15_1_Gross (Hildesheimer) (The hearing reconvened at 1345 hours, 11 February 1948.)
THE MARSHAL: The Tribunal is again in session.
DR. HOCHWALD: If the Tribunal please, before the witness is called I respectfully move that the defendant Haensch may be placed in another seat in the defendants' box.
THE PRESIDENT: The defendant Ruehl will please take the third seat from the end - just exchange seats with Haensch. follows:
JUDGE SPREIGHT: Witness, raise your right hand and repeat after me: I swear by God, the Almighty and Omniscient. that I will speak the pure truth, and will withhold and add nothing."
(The witness repeated the oath.)
JUDGE SPREIGHT: You may be seated.
DR. KRAUSE for the defendant Haensch:
Your Honor, the witness Jauer has been named by the Defense. I would like, therefore, to stare with the direct examination of the witness.
THE PRESIDENT: We understood that you had submitted an affidavit.
DR. KRAUSE: Your Honor, the affidavit I shall not introudce after the witness has appeared here on the witness stand. I refer only to her statement she is making on the witness stand.
THE PRESIDENT: Will both counsel please come to the bench.
(Both counsel went to the bench and conferred with the Tribunal.) BY DR. KRAUSE:
A My name is Herta Jauer, Berlin-Zehlendorf. Teltower Damm 7.
Q When and where were you born?
11 Feb 1948_A_MSD_14&15_2_Gross (Hildesheimer)
Q What is your profession?
Q Do you have any special training for this profession?
Q What is your place of work at the moment?
A I am a dental assistant at the moment of Dr. Maennel.
Q When did you first start working with Dr. Maennel?
Q And what is the work at the moment, in detail?
Q Do you receive the patients?
Q Do you comply with telephone calls?
Q Are you a practical assistant to Dr. Maennel as far as the treatment is concerned?
Q And what at the correspondence and office work?
Q What does the correspondence comprise? has anything to do with correspondence or office work. been concluded?
Q Do you also deal with any letters, mail, and correspondence? practice? treatment about what has been done.
Q Do you also write down the date?
11 Feb 1948_A_MSD_14&15_3_Gross (Hildesheimer) afterwards? is being tr ated.
Q In what way do you make out the bills? invoices are made according to the time. or is it also taking place during the time the patient is there, or what time or you do that?
THE PRESIDENT: Just a moment, please. Now the witness did answer your question. Than you put a very leading question to her which is not permitted. BY DR. KRAUSE: over and the bill is paid? into another closet.
Q How long do you keep the index cards?
A Well, they are never thrown away. They are kept until they are full - they are kept as long as that. back?
Q How far back are the oldest index cards in your collection?
A Before the War. The index cards have been put in a certain place from as far back as 1933. card which has been introduced here as evidence so I can discuss it with the witness. (The card was handed to the witness.) Witness, I have here an index card in front of me which I am now going to 11 Feb 1948_A_MSD_14&15_4_Gross (Hildesheimer) show to you.
It boars the name of Dr. Haensch, Zehlendorf. Hartmannsweilerweg 16. Will you please look at this index card. Do you know this card?
Q Who made this particular entry on this index card?
Q Are all the entries your own? 1942.
Q Did you also make that entry?
Q Are you sure that it is your handwriting?
Q It strikes me. witness, that the handwriting on this index card isnot always the same. Can you give us an explanation concerning that?
A Well; it was written in a hurry at the time, sometimes one writes standing up or takes another fountain pen or any other pen, and the handwriting is not always the same.
Q How many patients did you deal with in one day?
AAbout 80 to 100 in those years. We had a tremendous lot to do in thos days.
Q Under the entry of 14 January 1942 you see a line. What does that line mean?
A You mean in the invoice or when the amount is mentioned?
Q Yes. Why did you make this line?
Q You say, that is addition then?
Q What has been added then?
11 Feb 1948_A_MSD_14&15_5_Gross (Hildesheimer)
Q Does that have anything to do with the making out of the invoice?
Q You say it is addition of the treatments. What actually did you add? You cannot very well..... the individual treatments, 1,2,3....
DR. HOCHWALD: If the Tribunal please, this is a leading question. The addition from the part of the defense counsel is unnecessary. He asked what did you add together - which is a complete question. He goes on to explain what she could not have done. is leading.
THE PRESIDENT: Please try to refrain from leading questions, counsel.
BY DR. KRAUSE: concluded on the 14th January 142. What does the further entry mean on the 7th of February, that is?
MR. HOCHWALD: If the Tribunal please, the prosecution does not recollect that the witness has made such a statement.
THE PRESIDENT: Now, the witness did not say that. Now, please don't lead the witness. You ask questions which will allow her to use her own discretion and her own judgment, her own recollection. BY DR. KRAUSE: why is the entry of 7 February not included in this edition? and therefore the addition line has been made where the treatment, or at least not the treatment was fin is lied, but that part of the treatment which is being paid for. then guarantee for the correctness and the accurateness of those entries whatever is entered on this card corresponds to the fact, that it is correct?
DR. KRAUSE: Thank you. BY MR. HOCHWALD: have executed an affidavit on the 27th of January 1948? me to hand you a copy?
Q Nevertheless, I would like to hand you a copy. You say in this affidavit that Dr. Haensch is known to you. How long do you know him?
A I have known Dr. Haensch only during the time of this treatment.
Q Where from do you recall his first name?
A That I do not know. If it is not entered in this card index, I am sure I have never asked for his first name.
Q But in your affidavit, you say, "Dr. Walter Haensch is known to me". Till you look now at the chart, does on the chart the first name appear. then his first name was "Walter"?
A Then it was put in at the attorney's, Dr. Kirsch, I have not paid attention to it, the lawyer Dr. Krisch, in Berlin-Zehlendorf, who actually made out the affidavit, then must have added the first name. not known to you?
Q It was not known to you?
Q Did you see Haensch after his treatment by Dr. Maennel had been finished in 1943?
Q Has somebody shown you a picture of his in thelast time?
Q Would you recall the defendant?
A That is very difficult to say. I am not sure. I don't know whether I would recognize the face after that many years.
Q Will you try? Look at the defendants.
cognize the face. I could not say.
Q So you do not recall him?
MR. HOCHWALD: If the Tribunal please, I wish that the defendant, Haensch, would show himself to the witness.
THE PRESIDENT: Well, if she doesn't recognize him, there is no point in showing him, then.
MR. HOCHWALD: I only want to know if she Will recognize him if he is shown to her. BY MR. HOCHWALD: your hand was found and who found it? because now we use new cards. The cards are now on the attick, aid there is only a small remainder of cards because one part of the cards was soiled and the remainder I put into the attick. remained?
A That is difficult to say. There are hundreds of them. There are certainly a few hundreds. one which is before you, if you know that?
A Well, there are private cards; they were on the writing desk and therefore they probably remained because those which I put down stairs in the card index box had all been thrown down and were soiled by the Russians. They have been destroyed. before you found among these hundreds of cards which have remained? put into large boxes in alphabetical order and therefore I could find it.
Q So you have told us now that you found the card. Who asked you to look for the card, please?
A Mrs. Haensch arrived and asked whether Dr. Maennel would perhaps make out a certificate to the effect that Haensch in 1942 had been treated by Dr. Maennel, and I said, "He will do so if this card index card can be found." Thereupon I looked for the card.
Q When was that, please?
A I cannot give a date. That must have been beginning of January?
Q How long did it take you to find the card?
AAbout three-quarters of an hour. I am sure it took as long as that.
Q That did you do then when you had found the card?
A I put it into a folder and told Dr. Maennel that I put the card there, he could now make out the testimonial. found the card and you have put the card to Dr. Maennel?
Q I am sorry, would you re cat your answer. I did not follow. and nobody over got it except Dr. Maennel. the stand that all the entries which were made on this card were made by you and were made on the dates indicated on the card, is that correct? word "telephone" and then look please to the entry of 7 February 1942. Is it not apparent from the card that these two entries were made by a person different from the person who made the other entries? for me. It may be her entry.
Q Witness, please, you did not answer my question. I asked you whether it is not apparent that the third line, the address or the word which is written opposite the printed ward "telephone" and the entry of 7 February 1942 are written by a person different from those or those who have made other entries on the card?
Q And who made then the other entries?
AAll the entries are mine. I only said on the 26th November that is probably the handwriting of my sister who might have taken my place for once.
Q 26th November of what year? all entries were made by you is not correct? 26/11 -- November -- that probably was made by my sister.
Q Did you see the card when you made this affidavit? entries yourself if you knew that one of the entries at least was made by somebody else than by you?
A I did not see that. It did not strike me at all. Did you know when you made the affidavit for what purpose this affidavit was made? card, is that correct? line or opposite the printed word "telephone" and the entry of 7 February 1942?
Q Did you make these entries?
Q When did you make this entry?
A "Svenhedin Blatz". I wrote myself after Mrs. Haensch had come to see me and given me the new address, that was in January this year.
Q And did you write the entry of 7 February?
AAfter the patient had been there. When the patient was actually treated.
after the visit of Mrs. Haensch? wrote the word "SvenhedinBlatz" with the same ink and at the same time also made the entry which allegedly was made on the 7th of February 1942?
A No, after Mrs. Haensch came to see me I wrote "SvenhedinBlatz". in January 1948?
A I don't understand. January 1948?
MR. HOCHWALD: I have no further questions, your Honor.
THE PRESIDENT: May I see that card, please? BY THE PRESIDENT: word "telephone"?
A No. The address after the word "telephone" I wrote myself.
Q And when did you write that?
AAfter Mrs. Haensch had come.
Q Why did Mrs. Haensch tell you to add that -- what explanation did she give to you which caused you to write this in -- What did she say to you -- why was it necessary to add that address? Maennel was to be sent there by post and therefore she told us they were living somewhere else now, therefore, I put it in pencil on an envelope and when I found the card I added that.
Q Well, did Mrs. Haensch tell you to add this to the card?
Q Well, we still don't understand why it was necessary tto add that address to the card. to Mrs. Haensch. I had written the address on an envelope and generally one throws these envelopes away, and therefore I put it on the card.
Q Well, why didn't you give the card to her when she was there?
A I hand't found it then. It was only the next day that I went upstairs and looked for the card.
Q Well, then did you mail it to her?
A No. Mrs. came here to fetch the letter. she was going to call for it personally?
A I didn't know that she would come. She actually did come on the next but one day and the letter had not been made yet. were to mail the card to her?
A No, not the card, only the letter by Dr. Maennel -- the --the medical certificate which she had asked for, that is what she wanted.
Q The affidavit you mean?
A No, only the letter to the effect that Dr. Haensch had been treated in 1942. card which had nothing to do with the mailing of the certificate? the-way on this envelope, I also put it on this card. There is nothing unusual about it, I just put it there. manent record? address and they tell us about these addresses, we put them on the index card.
add this item of February 7?
Q Which entry was made by your sister?
THE PRESIDENT: Let her point it out and then show me. BY THE PRESIDENT:
Q How many other entries were made by anybody else?. thing also on the card was written by you?
Q Is that correct?
Q Now, you remembered Dr. Haensch coming there for treatment, do you? Do you remember that Walter Haensch came there for treatment in 1941, 1942, and 1943?
AAfter Frau Haensch had said whether Dr. Maennel would make out a medical certificate, I assumed that the patients had been there and therefore I looked for the card index card.
Q Well, then after you had spoken with Mrs. Haensch, did you recall Haensch having been there for treatment? activity "Dr. Walter Haensch" then with the address "is known to me"-why did you say that if he wasn't known to you? out the affidavit and therefore I knew, as I had written it myself, that Dr. Haensch had been treated, only from this card.
Q Did you remember his first name?
A No. The first name, if it was not contained on the index card, I did not know it.
Q Well, this affidavit says that Haensch was known to you. Do you mean that?
A I only know Dr. Haensch from the treatment he received.
Q Well, then you do know that Haensch came there for treatment? had been there.
Q Then you know that Haensch had come there for treatment? A Yes. three years, about 12 times, is that right? for one treatment?
Q Well, I said "the average", would you say that this was more than the average or less than the average, you were treating from 80 to 100 patients per day, weren't you? repeat? days until the treatment had been completed. times one patient would be treated before his treatment was complete?
A Roughly throe to four times. That depends on what is wrong. per day, do you realize how many visits there would be in a year's time? Say, on the average of 90 per day, let us say 300 days per year. Do you realize into what figure that goes?
A I. Yes.
Q And over a period of 3 years that would 81,000 visits wouldn't it?
A Well, now, of course, patients kept returning. They are not always now patients. one patient would have before his treatment would be completed and you told me on the average of 3 or 4 treatments. treated, then he has to return 4 to 5 times; if, of course, he has pain again after about 8 weeks -- well, of course, that is very difficult to say.
Q Very well, now you have a recollection of Haensch, haven't you, of Haensch coming there during 1941, 1942, and 1943 -- you remember his coming there, don't you?
A I don't remember it now, but he must have been there because I made the entries on the index card, other wise, the index card would not even exist.
11 Feb 1948_A_MSD_18_1_Arminger (Hildesheimer) as an ink entry -- as an individual -- do you remember hin as a person, Haensch, coming there for treatment?
A That is difficult to say. I could perhaps say that he was a tall man, but it is too long ago and I can't say for certain, The name, when Mrs. Haensch came for this, I did know that Haensch had come once for treatment. The name was known to me.
Q Then you do remember him? according to these figures, at least 20,000 people, you remember that Haensch is a tall man. Is that what you are telling us?
A I cannot say with certainty. I do not know. not recall Haensch as a man, not as an entry.
Q You don't have any mental image of him? him in the defendants' box. One often sees faces and one believes to have seen then before because very often I do recognize the patients in the office, and especially when I hear their names later on and. when I see the patients. I can remember when former patients of the year 1939 and 1940 returned again. In our business one does remember them.
Q Look at the defendants' box. Is it the first man in the first row? Is that Haensch over there, the rather handsome man, smiling?
A It is possible, but I do not know. I really do not know.
Q Is it the first man in the second row?
A No, that is quite impossible. It couldn't be he.
Q Is it the second man?
11 Feb 1948_A_MSD_18_2_Arminger (Hildesheimer)
Q Is it the thrid man?
A I really couldn't tell you. No, it is not Haensch. It isn't he either.
Q Well, is it the fourth man?
Q Look very closely in the defendants' box now and see if you can recognize him.
Q The third in the first row?
A No, against the wall. It is the second row, Your Honor.
Q The third from where?
Q There are two rows. The first or the second row? image of this person? when they return after years, hut I just saw him for the first time now without the glasses and I assume that is Dr. Haensch. you remember this man as being Haensch?
A I assume that it is he, but I couldn't say with certainty. man?
A No. not by any means. there, the man you have identified?
A No, that I couldn't do. person whom you are trying to recall?