which the Nazi conspirators established their control of Germany, set forth in Count One of the Indictment, by virtue of which they were enabled to commit the crimes alleged in Counts One, Two, Three and Four of the Indictment. The Cabinet enacted harsh penal laws, discrimanatory laws, confiscatory laws, in violation of the principles of justice and humanity. Decrees enacted by the Ministerial Council during the War, clothed the criminal acts of the Nazi conspirators with a semblance of legality. As an instrument of the Party, the Cabinet effectively implemented the notorious points of the party program. Finally, the Cabinet, almost immediately upon the coming into power of Hitler, became a wa-planning group through its establishment in 1933 of a Reich Defense Council, and its active participation in the schemes and plans for waging aggressive war. foregoing, the Reichsregierung, as definted in Appendix B, page 35, of the Indictment, should be declared a criminal group within the meaning of Article 9 of Section II of the Charter. next subject is the SA.
May it please the Tribunal, I passed up document Book "Y", which contains the English translations of the documents relied upon in this presentation. is the Sturmabteilung, the organization which the world remembers as the "Brown Shirts" or "Storm Troops", the gangsters of the early days of Nazi terrorism. It came to be known in later years as the SA, and I shall refer to it in that manner in the course of my presentation. by the Nazis as the instrument and weapon to effectuate their evil objectives, and it occupied a place of perculiar and significant importance in the scheme of the conspirators.
Unlike some of the other organizations, the functions of the SA were not fixed or static. On the contrary, it was an agency adapted to many designs and purposes; and its role in the conspiracy changed from time to time -- always corresponding with the progression of the conspiracy through its various phases towards the final objective -- abrogation of the Versailles Treaty and acquisition of the territory of other peoples and nations. If we might consider this conspiracy as a pattern, with its various parts fitting together like the pieces of a jig-saw puzzle, we would find that the piece representing the SA constituted a link in the pattern vitally necessary to the presentation and development of the entire picture. unit, having a legal character of its own. This is shown by Document 1725-PS, which is tabbed in the document book, of which the Court will take judicial notice. It's an Ordinance passed in March 1935, Reichsgesetzblatt, Part 1, page 502. It declares that the SA and certain other agencies were thereafter to be considered "components" of the Nazi Party. This Ordinance further provided in Article 5 -- and it's on the second page of the English translation, right after the word "Article 5" - I quote:
"The affiliated organizations can possess their own legal character." SA as an "entity". Document 3220-PS, which I now offer, is an excerpt from the 1943 edition of the Organization Book, page 358 of the original, and I quote from the English translation. It is there declared:
"The Fuehrer prescribes the law of conduct, and commands its use. The Chief of Staff represents the SA as complete entity on the mandate of the Fuehrer."
The evidence which I will discuss in the course of this presentation:
THE PRESIDENT: I thought you were reciting 320.
COLONEL STOREY: 3220, Your Honor.
THE PRESIDENT: Yes. Di you read from that? That begins in my copy
COLONEL STOREY: It's down at the bottom, if Your Honor please, on the first page of the English translation, the second sentence from the bottom, which I have quoted:
"The Fuehrer prescribes the law of conduct, and commands its use. The Chief of Staff represents the SA as a complete entity on the mandate of the Fuehrer."
I'm sure the evidence will demonstrate and characterize the SA as an entity and an organization having a legal character of its own. This evidence will show that while SA was composed of many Individual members, these members acted collectively and cohesively as a unit. They were closely bound and associated together by many common factors, including: uniform membership standards and disciplinary regulations; a common and distinctive uniform; common aims and objectives; common activities, duties, and responsibilities, and -- probably the most important factor of all--a fanatical adherence to the philosophies and ideologies conceived by the Nazi conspirators.
This is partially demonstrated by Document No. 2354-PS, which again is simply an excerpt from the Organization Book of the Nazi Party. It is found on page 7 of the English translation. It provides that membership in the SA was voluntary but that the SA man should withdraw if "he can no longer agree with SA views or if he is not in him as a member of the SA."
activities which he was expected and required to adopt and reflect in his daily life. Cohesion of thought and uniformity of action with respect to such matters was in part obtained by the publication and distribution of a weekly periodical entitled "Der SA-Mann", simply means the SA man. This publication was principally devoted to the creation and fostering of the various aspects of Nazi ideology which constituted the doctrinal motives of many of the conspirators. on the table all of these publications, beginning with the year 1934, up through and including the year 1939, the official weekly newspaper entitled "Der SA-Mann", meaning the SA man, published in Munich, had wide distribution and was on sale at news stands and distributed throughout Germany and occupied countries.
In addition, "Der SA-Mann," served to report upon and document the activities of the SA as an organization, and those of its constituent groups.
I shall have occasion at a later point to refer to certain portions of this publication for the consideration of the Tribunal. demonstrated to the Tribunal by the documents which shall subsequently appear. At this point I may say simply that this proof will show that the SA developed from scattered bands of street ruffians to a well-knit cohesive unit organized on a military basis, with military training and military functions, and, above all, with an aggressive, militaristic and warlike spirit and philosophy. The organization extended throughout the entire Reich territory and was organized vertically into local groups and divisions. Horizontally, there were special units including military, cavalry, communications, engineer, and medical units. Your Honor will observe the chart that I Will introduce officially a little later on the wall. Coordination of these various groups and branches was strictly maintained by the SA Headquarters and operational offices, and those offices were located in Munich. consists of its significant and peculiar relationship and affiliation with the Nazi Party and the principal conspirators. conspirators constitutes important and convincing evidence of their joint participation in an established conspiracy; and this principle is particularly applicable because the affiliation between the SA and the Nazi leaders was closely maintained and adhered to and was adopted to the purpose of enabling the conspirators to employ the SA for any use or activity which might be necessary in the course of effectuating the objectives of the conspiracy. himself, in the year 1921 at the very inception of the conspiracy. conspiracy, delegating the responsibility for its leadership to a Chief of Staff.
Hitler, in fact, was often known throughout Germany as Osaf, or Oberster SA Fuehrer, or translated, meaning the highest SA Fuehrer. a close affiliation with it throughout the course of the conspiracy. SA and was a leader of an SA group in Munich. held a position of Obergruppenfuehrer in the SA, a position corresponding to the rank of Lieutenant-General; and the Defendant Bormann was a member of the Staff of the SA High Command.
demonstrated by the fact that the Hoheitstraeger of the Nazi Leadership Corps were authorized to call upon the SA for assistance in carrying out particular phases of the Party program. This was established yesterday by Document 1893-PS, which your Honors will recall I quoted from a number of times in connection with the presentation of the Leadership Corps. It was declared in that excerpt, page 11 of the English translation, as your Honors will recall, that the Hoheitstraeger were empowered to call upon the SA for the execution of political missions connected with the movement. This responsibility of the SA to the Party is also shown by Document 2383-PS, which is an ordinance for the execution of the Hitler decree, which I now offer in evidence as U.S.A. Exhibit 410. I quote from page 3 of the English translation.
THE PRESIDENT: What is the PS number?
COL. STOREY: 2383. If your Honors will turn to page 3 of the English translation, it is the third and fourth paragraphs on page 3 -it is the fourth paragraph, I beg your pardon.
"The formations of the NSDAP, with exception of the SS, for whom special provisions apply, are subordinated to the sovereign bearer (Hoheitstraeger) politically and in respect to commitments. Responsibility for the leadership of the units rests in the hands of the unit leader." in the Leadership Corps presentation, that the SA was used in the seizure of trade union properties. Party by participating in various ways in election proceedings. This is shown in Document 2168-PS, which is a pamphlet entitled "The SA", which is U.S.A. Exhibit 411, and this pamphlet depicts the history and general activities of the SA, written by an SA Sturmfuehrer named Bayer, upon orders from SA Headquarters. In that pamphlet, and I quote on page 4 of the English translation, down towards the bottom of the page, the last paragraph, beginning on line 3:
"At the foremost front the labor and struggle of the SA was not in vain. They stood at the foremost front of election fights."
THE PRESIDENT: I am sorry, will you tell me which page?
COL. STOREY: It is page 4 of the English translation, I beg your pardon, Document 2168, down at the last paragraph, if your Honor please, beginning at the third line:
"The labor and the struggle of the SA was not in vain. They stood at the foremost front of election fights." leadership of the SA as the Supreme SA Fuehrer. He himself guided his SA in the fateful election fight of the year 1930. in the activities of the SA is to be found in these five bound volumes, which consist of the issues of the SA newspaper, "Der SA-Mann", from the year 1934 to 1939 inclusive, and I should like, at this time, to ask that each of these bound volumes be marked for identification because each of them will be referred to from time to time during this presentation. They will begin with U.S.A. Exhibit 414, 415, 416, 417 and 418 and they are referred to by appropriate document numbers, which I will refer to when the quoted portions come in the English translation. participation of Nazi leaders in SA activities. I should like, at this time, to describe a few of the photographs and I will indicate the page numbers upon which they appear. should like, at this time, to exhibit to the Tribunal and pass into evidence, one of the photographs appearing in the January 1937 issue, and it is a photograph of Goering at the ceremonies held upon the occasion of his being made Obergruppenfuehrer of the Feldherrnhalle Regiment of the SA, on the 23 of January, 1937; and we offer in evidence the photograph and the page of the newspaper. We will pass it up to your Honors if you would like to see it. We offer it in evidence. Regiment of the SA in parade on the 18 of September, 1937, shown at page 3. The other photograph was at page 23 of the January 1937 edition of the SA.
that appear. Here is a photograph of Hitler greeting Huhnlein, bearing the captions: "The Fuehrer Greets Corps Fuehrer Huhnlein at the opening of the International Automobile Fair - 1935." That is dated the 23 of March 1935, at page 6. Fuehrer of the NSKK and Lutze, who was Chief of Staff of the SA, bearing the caption "They lead the soldiers of National Socialism", on the 15 of June, 1935, page 1. battle flag, and the picture bears the caption, "As in the fighting years the Fuehrer, on Party Day of Freedom, dedicates the new regiments with the Blood Banner"; 21 September, 1935, page 4.
I pass on. Here is a photograph of Goering in the SA uniform, reviewing SA marching troops, under the caption, "Honor Day of the SA", 21 September, 1935, page 3.
THE PRESIDENT: Colonel Storey, is there any doubt that Hitler and Goering were members of the SA?
COL. STOREY: No, sir, but the purpose in showing those photographs, if your Honor please, was to show the military character of the SA.
If there is no question about it and it is cumulative, then I will pass on. German Government, but affiliation between the SA and the Nazi leaders was continued after the acquisition by the Nazis of the control of the German State. The importance of the SA in connection with the Nazi Government and control of Germany is shown by the law of December 1, 1933. I have already referred to that, that is the union of party and State. However, there is one paragraph that has not been quoted before, if your Honor please, and I would like to call your Honor's attention to it. It is our Document 1395-PS, and it appears in the English translation on page 1 and I quote Article 2.
"The Deputy of the Fuehrer and the Chief of Staff of SA become members of the Reich Government in order to insure close cooperation of the offices of the Party and SA with the public authorities. will simply refer to it; that is 2383, page 11, the last paragraph: Party and State offices must support the SA in this training effort and evaluate the certificate of possession of the SA defense insignia accordingly. is shown by the so-called "Roehm Purge" of June 1934. Evidence concerning this matter is to be found in the Voolkischer Beobachter of 1 July, 1934, at page 1. I will not quote from that. responsible for the development of the SA into a powerful organization with definite programs and objectives. to him. But when his policies conflicted with those of the Nazi leaders, he was removed and murdered, and was replaced by Victor Lutze. This drastic action was accomplished without revolt or dissension in the ranks of the SA, and with no change in the objectives or program of the organization.
The SA remained "a reliable and strong part of the National Socialist movement"--and I am quoting; this is Document 2407, the English translation of the Voelkischer Beobachter. It is the last paragraph in the English translation, just above the name "Adolf Hitler." I will say for the translators that the quotation is included in our text, if we might go on.
I quote: "It is my wish that the SA be built up as a reliable and strong part of the National Socialist movement, full of obedience and blind discipline. They must help to create and form the new German citizens." the people of Germany is shown in Hitler's pronouncement; "The Course for the German Person." This appears in the issue of "Der SA-Mann", of the 5th of September, 1936, at page 22. It is our document 3050-PS, and it is at page 29 of the English translation; page 29, of Document 3050-PS, the paragraph in the middle of the page, and I quote:
"The boy, he will enter the Young Volk, and the lad, he will enter the Hitler Youth, the young man will go into the SA, in the SS, and in other units, and the SA and SS men will one day enter into the labor service and from there to the Army, and the soldier of the Volk will return again into the organization of the movement, the Party, in the SA and SS, and never again will our Volk decay as it once was decayed."
ionship between the SA and the Nazi Party was such that the SA was constantly available to the conspirators as an instrument to further their aims. The SA was created by the conspirators at the inception of the Nazi movement. It was at all times subject to the direction of Adolf Hitler. Seven of the defendants held positions of leadership and responsibility in the organization, and at all times the SA was subject to the call of the Hoheitstraeger. The SA stood at the forefront of the election fights, and cooperation between the offices of the Party, of the SA, and of the State was assured by law. of the SA, in a pamphlet entitled "The Nature and Tasks of the SA" and it is our Document No. 2471-PS. We offer the original in evidence as USA Exhibit 413, and I quote from the top of page 1 of the English translation of 2471. I believe I will read that whole paragraph, the first paragraph at the top of the page:
"Before touching the real subject matter, I must tell you first in order to clear up any uncertainty about my own position, that I never speak primarily as a member of the SA but as a National Socialist, since the SA cannot be independent of the National Socialist movement but can only exist as a part of it." demonstrate the principal functions and activities performed by the SA pursuant to the relationship which I have described above and in furtherance of the objectives of the conspiracy. Those activities may be logically classified or divided into four distinct phases or aspects, each of which, I might add, corresponds with a particular phase in the progression of the conspiracy toward the objectives alleged in the Indictment.
the instrument for the dissemination of ideology and fanaticism of the Nazis throughout Germany. The employment of the SA for this purpose continued throughout the entire period of the conspiracy as will, I am sure, be apparent from the evidence. power. During this period the SA was a militant and aggressive group of fighters or gangsters, the Nazi seizure of power.
During this period the SA participated in which I have already aluded.
During this period they continued to serve necessary for the fulfulment of the Nazi objectives.
From the very start the Nazi leaders emphasized the importance of this mission.
During the 2760, which is an excerpt from "Mein Kampf", and it is shown at page 5 of the translation of the document.
This is the third paragraph on page 5 of the document, and I quote:
"As the directing idea for the inner training of the Sturmabteilung, Dec-A-GES-2.Socialist idea."
I might add that Hitler's pronouncement as to the function of In Document No. 2354-PS, which is an excerpt from the Organization in the text, and I quote paragraph 1:"Education and training, according to the doctrines and aims of the all phases of our living and of our National Socialist ideology".to the SA's function as the propagandist of the Party.
THE PRESIDENT: Perhaps this would be a convenient time to break
COLONEL STOREY: All right, sir.
(Whereupon at 1700 hours the hearing of the Tribunal adjourned to reconvene on 19 December 1945 at 1000 hours.)
in the matter of: The United States of America, the French
DOCTOR SAUTER (Counsel for Defendant von Schirach): Yesterday a table was shown on the screen, in which the construction of the Reich Cabinet was exposed, which is under accusation as an organization. And on this chart, under the heading "Other Participants of the Meetings of the Cabinet", the Defendant von Schirach was also mentioned. The Defendant von Schirach has explained to me and asked me to inform the Court that he never took part in any meeting of the Reich Cabinet; that he had never been named a member of the Reich Cabinet; that he never took part in any decision formed by the Reich Cabinet.
THE PRESIDENT: The point the Defendant is taking seems to me to be premature. This isn't the proper stage for you to argue the question, whether your client is a member of the Reich Cabinet or not. The argument upon the whole question will take place after the evidence and after the Prosecution have had the opportunity of putting forward their arguments as to the criminal nature of the Reich Cabinet. You or other counsel on behalf of those concerned will be able to put forward your arguments. We don't desire to hear arguments now about the criminal nature, but to hear the evidence. Is that clear?
DOCTOR SAUTER: Yes. I shall therefore return to this point while the witnesses are being heard, and shall then try to prove that the Defendant von Schirach was never a part of the Reich Cabinet.
COL. STOREY: If the Tribunal please, yesterday afternoon we had just started on the participation of the SA in the first point--the dissemination of ideology or propaganda. In an article which appeared in "Der SA-Mann", at page 1 of the issue of January 1934, which is Document 3050-PS, and I refer to page 25 of the English translation-and I should like Document No. 3050, page 25, if your Honor please--the portion shown in red brackets. It is dated the 6th of January 1934:
"The new Germany would not have been without the SA-Mann, and the new Germany would not exist if the SA-Mann would now, with the feeling of having fulfilled his duty, quietly and unselfishly and modestly step aside, or if the new state would send him home much like the soldier who has done his obligation. On the contrary, the SA-Mann, following the will of the Fuehrer, stands as a guarantee of the National Socialist revolution before the gates of power, and will remain standing there at all times. For still gigantic missions await fulfillment which would not be thinkable without the presence and the active cooperation of the SA. What has been accomplished up until now, the taking over of the power in the state, and the rejection of those elements which are responsible for the pernicious developments of the post-war years as bearers of Marxism, liberalism and capitalism, are only the preliminaries, the spring-board for the real aims of National Socialism. Being conscious of the fact that the real National Socialist construction work would be building in an empty space without the usurpation of power by Adolf Hitler, the Movement and the SA-Mann, as the aggressive bearer of its will, primarily have directed all of their efforts thereupon, to achieve the platform of continued striving and to obtain the fundamental or the realization of our desires in the State by force. Out of this comes the further missions of the SA for the completion of the German revolution: first, to be the guaranty of the power of the National Socialist State against all attacks from without as well as from within; second, to be the high institute of education of the people for the living National Socialism." responsibility which SA took unto itself. It was the responsibility recognized by the law of Germany. Document 1395-PS, which is the copy of the law entitled "The Law on Securing the Unity of Party and State", which I have referred to before--and it was promulgated by the Reich Cabinet in 1933--I desire to read Article 3, on page 1 of the English translation:
"The members of the National Socialist German Party and the SA, including their subordinate organizations, as the leading and driving force of the National Socialist State, will bear greater responsibility toward the Fuehrer, people and State. In case they violate these duties they will be subject to special jurisdiction by Party and State. The Fuehrer may extend these regulations in order to include members of other organizations." the soldiers of an idea, to use the expression employed by the Nazi writers. And permit me to emphasize that the SA was the propagandist agency, the principal agency employed by the conspirators to disseminate their fanaticism among the people of Germany.
If your Honor please, I had ended the quotation. I am sorry if I didn't refer to it. successful effectuation of the conspiracy, for it is self-evident that the Nazis could not have carried their conspiracy to the stages which they did had not the minds of the people of Germany been cruelly and viciously influenced and infected with their evil ideologies. previously. The next is the use in the early stages of the conspiracy as the "strong-arm" of the NSDAP. In the early stages of the Nazi movement the employment of the SA as the propagandist instrument of the Party involved--and was combined with--the exercise of physical violence and brutality.
As said by Hitler in "Mein Kampf" --and this excerpt appears at page 4 of Document 2760, page 4 of the English translation, US Exhibit 256. I quote:
"The Young Movement from the first day, espoused the standpoint that its idea must be put forward spiritually but that the defense of this spiritual platform must, if necessary, be secured by strong-arm means."
I will read the rest of that paragraph:
"Faithful to its belief in the enormous significance of the new doctrine, it seems obvious to the Movement that for the attainment of its goal no sacrifice can be too great."
might better spread their fanatical philosophies--the SA was employed as a terroristic group in order to gain for the Nazis possession and control of the streets. This is another way of saying that it was the function of the SA to beat up and terrorize all political opponents. The importance of this function is indicated in Document 2168-PS, USA Exhibit No. 411, which was written by SA Sturmfuehrer Bayer, upon orders from SA Headquarters. And I refer to page 3 of the English translation of Document 2168, the third paragraph from the bottom. Quoting:
"Possession of the streets is the key to power in the State--for this reason the SA marched and fought. The public would never have received knowledge from the agitative speeches of the little Reichstag faction and its propaganda or from the desires and aims of the party if the martial tread and battle song of the SA Companies had not beat the measures for the truth of a relentless criticism of the state of affairs in the governmental system.
They wanted the young Movement to keep silent. Nothing was to be read in the press about the Labor of the National Socialists, not to mention the basic aims of its platform. They simply did not want to awake any interest in it. However, the martial tread of the SA took care that even the drowsiest citizens had to see at least the existence of a fighting troop." was indicates by Goebbels in a speech which appeared in "Das Archiv", October 1935. This is our Document 3211-PS, USA Exhibit 419. It is on the first page of the English translation, No. 3211. Quoting:
"The inner-political opponents did not disappear due to mysterious unknown reasons but because the Movement possesses a strong-arm within its organization, and the strongest arm of the Movement is the SA. The Jewish question will not be solved separately but by laws which we enact, for we are the anti-Jewish Government." of the Nazi movement, from 1922 to 1931, is found in a series of articles appearing in "Der SA-Mann", entitled, "SA Battle Experiences which we Will Never Forget." Each of these articles is an account of a street or a meeting hall battle waged by the SA against a group of political opponents in the early days of the Nazi struggle for power. These articles demonstrate that during this period it was the function of the SA to employ physical violence in order to destroy and subvert all forms of thought and expression which might be considered hostile to the Nazi aims or philosophy. ficiently descriptive to constitute evidence of the activities of the SA in the early stages of the Nazi movement. I should like to quote from a few of these titles by giving the page reference of this big newspaper volume.
Here is one of 24 February 1934, page 4. The title: "We Subdue the Red Terror."