You appear for Frank, don't you?
DR. SEIDL: Dr. Seidl, attorney for Frank.
THE PRESIDENT: It is necessary for the stenographers to get that each time.
DR. SEIDL: Yes.
THE PRESIDENT: Very well. document from which you were reading this paragraph.
COLONEL BALDWIN: Yes, sir.
THE PRESIDENT: And according to counsel for Frank, the document, which is a very long document, shows that Frank was suggesting remedies for the difficulties which he here sets out. Is that so?
COLONEL BALDWIN: That is so, yes, your Honor
THE PRESIDENT: Well, I think the --
COLONEL BALDWIN (interposing): May it please the Tribunal, I didn't cite this portion of that document, as I will later demonstrate, to show that Frank did or did not suggest remedies for these conditions, but only to explain that these conditions existed as of a certain period.
THE PRESIDENT: Well, when you cite a small part of the document, you should make sure that what you cite is not misleading as compared to the rest of the document.
COLONEL BALDWIN: I see, your Honor. I hadn't considered it to be such in view of the purpose for which I introduced it, which, as I said, was only to suggest a set of conditions exist at a contain time. I naturally assumed that the defense, as Dr. Seidl has indicated, would carry on with the rest of the document as a matter of defense.
THE PRESIDENT: West of course what is all very well, but the Defendant Frank's counsel will speak at some remote date and it isn't a complete answer to say that he will have an opportunity of explaining the document at some future date. It is for counsel for the Prosecution to make sure that no extracts which they read can reasonably make a misleading impression upon the mind of the Tribunal.
COLONEL BALDWIN: I shall now state, then, that the extract which was just read was read solely for the purpose of indicating that at a certain period, namely June 1943, those conditions existed in Poland, as the result of statements by the Governor General of Poland.
Would that be satisfactory to the Tribunal?
THE TRIBUNAL (Mr. Biddle): Well, it was not satisfactory to the Tribunal if you didn't give us the purport of the document.
COLONEL BALDWIN: Well sir, I don't have the complete document in front of me now. Therefore, I can't read all of it.
THE PRESIDENT: No. Well, I don't care. What we would like would be, if possible, that when an extract is made from a document, counsel before presenting that extract should instruct themselves as to the general purport of the document so as to make certain that the part that is read is not misleading.
COLONEL BALDWIN: Yes, sir. with the policies whose execution is reported in this document, and how thoroughly they were his own policies, and this, if the Tribunal please, regardless of what remedies he may have had in 1943 --- it is proposed in this last section to take passages from Frank's own Diary in proof of his early espousal and execution of these self-same policies. no need for the Defendant Frank to have waited until June 1943 to have reported this fact to Hitler. In September 1941, defendant Frank's own Chief Medical Officer reported to him the appalling Polish health conditions. This appears in rank's Diary and in our document 2233-PS-P, at page 46 in the document book, which I now offer in evidence as USA Exhibit 611. The German text is to be found in the 1941 Diary Volume at page 830.
I quote:
"Obermedizinalrat Dr. Walbaum expresses his opinion of the health condition of tie Polish population. Investigations which were carried out by his department proved that the majority of Poles eat only about 600 calories, where, the normal requirement for a human being is 2,200 calories. The Polish population was enfeebled to such an extent that it would fall an easy prey to spotted fever."
"The number of diseased Poles amounted today already to 40 per cent. During the last week alone, 1,000 new spotted fever cases have been officially recorded. That represented so far the maximum number. This health situation represented a serious danger for the Reich and for the soldiers who were coming into the Government General. A spreading of pestilence into the Reich is absolutely feasible. The increase in tuberculosis, too, was causing anxiety. If the food rations were to be diminished again, an enormous increase of the number of illnesses could be predicted." affected nearly 40 per cent of the Polish population, nevertheless the Defendant Frank approved in August 1942 a new plan which called for a much larger contribution of foodstuff to Germany at the expense of the non-German population of the General Government. Methods of meeting the new quotas out of the grossly inadequate rations of the General Government and the impact of the new quotas on the economy of the country were discussed at a cabinet meeting of the General Government on 24 August 1942 in terms which leave no possible doubt that not only was the proposed requisition beyond the resources of the country, but its force was to be distributed on a grossly discriminatory basis. This appears from Prank's Diary and in our document 2233-PS-E, which is at page 30 in the document book, which I now offer into evidence as USA Exhibit 283. The German text appears in the 1942 conference volume at the conference entry for 24 August 1942.
I quote the following extract:
"Before the German people," says Frank, "are to experience starvation, the occupied territories and their people shall be exposed to starvation. In this moment, therefore, we here in the General Government must also have the iron determination to help the Great German people, our Fatherland.
"The General Government, therefore, must do the following: The General Government has taken on the obligation to send 500,000 tons bread grains to the fatherland in addition to the foodstuffs already being delivered for the relief of Germany or consumed here by troops of the armed forces, Police, or SS.
If you compare this with out contributions of last year you can see that this means a six-fold, increase over that of last year's contribution of the General Gouvernement.
"The new demand will be fulfilled exclusively at the expense of the foreign population. It must be done cold-bloodedly and without pity..." Government to starvation level, but was proud of the contribution he thereby made to the Reich. I refer to a statement made to the political leaders of the NSDAP on 14 December 1942 at Cracow. It is contained in the Frank Diary and is our document 2233-PS-Z, at page 57 in the document book, and I now offer it in evidence as USA Exhibit 612. In the German text the extract appears in the 1942 Diary Volume, Part IV, at page 1331.
Dr. Frank is speaking:
"I will endeavor to get out of the reservoir of this territory everything that is yet to be got out of it..."
He continues:
"When you consider that it was possible for me to deliver to the Reich 600,000 tons of bread grain, and in addition to 180,000 tons to the Armed Forces stationed here; further an abundance amounting to many thousands of tons of other commodities such as seed, fats, vegetables, besides the delivery to the Reich of 300 million eggs, etc. -- you can estimate the significance this territory possesses for the Reich. In order to make clear to you the significance of the consignment from the General Government of 600,00 tons of bread grain, you are referred to the fact that the General Government by this achievement alone covers the raising of the bread ration in the Greater German Reich by two-thirds during the present rationing period. This enormous achievement can rightfully be claimed by us." mentions secondly in the Report to Hitler, although Himmler was given general authority in connection with the conspirators' project to resettle various districts in the conquered Eastern territories with racial Germans, the projects relating to resettling districts in the General Government were submitted to and approved by the Defendant Frank.
The plan to resettle Zamosc and Lublin, for example, was reported to him at a meeting to discuss special problems of the District Lublin by his infamous State Secretary for Security, Higher SS and Police Leader Krueger, on 4 August 1942. It is contained in Frank's Diary and in our document 2233-PS-T, at page 51 in the document book, which I now offer in evidence as USA Exhibit 607. The German text appears in the 1942 Volume of the Diary, Part III, pages 830, 831, and 832.
I now quote from the report of the conference:
"State Secretary Krueger then continues, saying that the Reichsfuehrer's next immediate plan until the end of the following year would be to settle the following German racial groups in the two districts (Zamosc and Lublin): 1000 peasant settlements (1 settlement per family of about 6) for Bosnian Germans; 1,200 other kinds of settlements; 1,000 settlements for Bessarabian Germans; 200 for Serbian Germans; 2,000 for Leningrad Germans; 4,000 for Baltic Germans; 500 for Wolhynia Germans, and 200 settlements for Flemish, Danish and Dutch Germans, in all 10,000 settlements for 50,000 to 60,000 persons."
Upon hearing this, the Defendant Frank directed that -- and I quote:
"...the resettlement plan is to be discussed cooperatively by the competent authorities and declares his willingness to approve the final plan by the end of September after satisfactory arrangements had been made concerning all the questions appertaining thereto (in particular the guaranteeing of peace and order) so that by the middle of November, as the most favorable time, the resettlement can begin."
THE PRESIDENT: The Tribunal will adjourn now for ten minutes.
(Whereupon a recess was taken from 1130 to 1140 hours.)
LT. COL. BALDWIN: May it please the Tribunal: The way in which the resettlement at Zamosc was carried out was described to Defendant Frank by Krueger at a meeting at Warsaw on January 25, 1943.
The report is contained in the Frank Diary and is our Document 2233-PS-AA, and appears at page 58 in the Document Book. I offer the original of it into evidence as USA Exhibit 613. The German text appears in the Labor Conference Volume for 1943, at pages 16, 17, and 19. Krueger in this excerpt reports that they had settled the first 4,000 in the Kreis Zamosc shortly before Christmas; that, understandably, friends were not made of the Poles in the resettlement program, and that the Poles were forced to be chased out. He then stated to Frank, and I quote:
"We are removing those who constitute a burden in this new colonization territory. Actually, they are the asocial andinferior elements. They are being deported, first brought to a concentration camp, and then sent as Labor to the Reich. From a Polish propaganda standpoint, this entire first action has an unfavorable effect. For the Poles say: "After the Jews have been destroyed, then they will employ the same methods to get the Poles out of this territory and liquidate them just like the Jews" End of quote. in the territory as a result, and Frank informed him, that is, Krueger, that each individual case of resettlement would be discussed in the future exactly as that one of Zamosc had been. room for Germans was evident, and although the fact that the Poles were not only being dispossessed but sent off to concentration camps, the resettlement projects continued in the General Government. fiscations of industry and private property -- was again an early Frank policy. He explained this to his department heads in December, 1939. The report is from his Diary and is our Document 2233-PS-K, and it appears at page 40 in the Document Book. I now offer it in evidence as USA Exhibit 173.
The German text appears in the Department Heads Conference Volume for 1939-40 at the entry for 2 December 1939 at pages 2 and 3. Dr. Frank states:
"Principally it can be said regarding the administration of the General Government: This territory in its entirety is booty of the German Reich, and it thus cannot be permitted that this territory shall be exploited in its individual parts, but that the territory in its entirely shall be economically used and its entire economic worth redound to the benefit of the German people." End of quote. an early policy of ruthless exploitation is deemed necessary by the Tribunal. In addition, the decree permitting sequestration in the General Government heretofore pointed out to the Tribunal (Verordnungsblatt fue die General-gouvernement #6, 27 January 1940, page 23), which decree was signed by the Defendant Frank, permitted and empowered the Nazi officials to engage in wholesale seizure of property. This was made the easier by the undefined criteria of the decree. The looting of the General Government under this and other decrees has already been presented to the Tribunal on 14 December 1945, under the subject heading "Germanization and Spoliation of Occupied Territories", and the Tribunal is respectfully referred to that portion of the record and, in particular, to that segment dealing with the General Government. and the application of collective responsibility as the fourth reason for the apparent deterioration of the attitude of the entire Polish people. In this, too, he is to blame, for it was no part of Defendant Frank's policy that reprisal should be commensurate with the gravity of the offense. He was, on the contrary, an advocate of the most drastic measures. At a conference of District Political Leaders at Cracow on 18 March 1942, Frank stated his policy. This extract is from the Diary, and is our Document 2233-PS-R, and will be found at page 49 in the Document Book. I offer it into evidence as USA Exhibit 608. The German text may be found in Diary Volume for 1942, Part I, pages 195 and 196. I quote Frank's statement:
"Incidentally, the straggle for the achievement of our aims will be pursued cold-bloodedly.
You see how the state agencies work. You see that we do not hesitate before anything, and stand whole dozens of people up against the wall. This is necessary because here simple consideration says that it cannot be our task at this period when the best German blood is being sacrificed to show regard for the blood of another race. For out of this one of the greatest dangers may arise. One already hears today in Germany that prisoners of war, for instance, with us in Bavaria or Thuringia are administering large estate entirely independently, while all the men in a village fit for service are at the front. If this state of affairs continues, then a gradual retrogression of Germanism will show itself.
One should not underestimate this danger. Therefore, everything revealing itself as a Polish power of leadership must be destroyed again and again with ruthless energy. This does not have to be shouted abroad; it will happen silently." End of quote. leaders of the NSDAP that reprisals would be made for German deaths. These remarks are to be found in the Frank Diary, in our Document 2233-PSBB, at page 60 in the Document Book, the second quote on that page, the original of which I offer into evidence as USA Exhibit 295. The German text appears in the looseleaf volume of the Diary covering the period from 1 January 1944 to 28 February 1941, and appears at page 13, Frank says quite simply:
"I have not been hesitant in declaring that when a German is shot, up to 100 Poles shall be shot, too." End of quote. has been placed before this Tribunal in great detail, When the Defendant Frank refers to these methods as his fifth reason for disaffection in Poland in his report to Hitler, he once more cites policies which he executed. Force, violance, and economic duress were all supported by him as means for recruiting laborers for deportation to slavery in Germany, This was an announced policy, and I have already alluded to USA Exhibit 297, which contains verification of this fact. Government may have been voluntary, these methods soon proved inadequate. In the Spring of 1940, the question of utilizing force came up and the matter was discussed in an official meeting at which the Defendant SeyssInquart was also present. I refer to the Frank Diary and our Document 2233-PS-N, which the Tribunal will find at page 43 in the Document Book. I offer the original in evidence as USA Exhibit 614 The German text appears in the Diary Volume for 1940, Part II, at page 333. I quote the conference report:
"The Governor General stated that the fact that all means in form of of proclamations, etc.
, did not bring success, leads to the conclusion that the Poles out of malevolence, and guided by the intention of harming Germany by not putting themselves at its disposal, refuse to enlist for working duty. Therefore, he asks Dr. Frauendorfer if there are any other measures not as yet employed to win the Poles on a voluntary basis.
"Reichshauptamtsleiter Dr. Frauendorfer answered the question negatively.
"The Governor General emphasized the fact that he will now be asked to take a definite attitude towards this question. Therefore, the question will arise whether any form of coercive measures should now be employed.
"The question put by the Governor General to SS Lieutenant General Krueger: does he see the possibilities of calling Polish workers by coercive means? is answered in the affirmative by SS Lieutenant General Krueger." End of quote: before the Tribunal as USA Exhibit 173 - Defendant Frank stated that compulsion in recuitment of labor could be exercised, that Poles could be snatched from the streets, and that the best method would be organized raids. in the General Government is almost beyond belief, I refer to the Frank Diary and to our Document 2233-PS-W, which will be found at page 53 in the Document Book, the original of which I offer into evidence as USA Exhibit 607. This excerpt is a record, if the Court please, of a discussion between the Defendant Sauckel and the Defendant Frank at Cracow on 18 August 1942, and it appears in the Diary Volume for 1942, Part III, at page 913 and at page 920. Dr. Frank speaks:
"I am pleased to report to you officially, Party Comrade Sauckel, that we have up to now supplied 300,000 workers for the Reich".
He continues, "Recently you have requested us to supply them with a further 140,000. I have the pleasure in informing you officially that in accordance with our agreement of yesterday, 60 percent of the newly requested workers will be supplied to the Reich by the end of October and the balance of 40 percent by the end of the year."
Dr. Frank continues, "Beyond the present figure of 140,000 you can, however, next year reckon upon a higher number of workers from the General Government. For we shall employ the police to conscript them." End of quote.
How this recruitment was carried out--by wild and ruthless manhunts ---
is clearly shown in US Exhibit 178, which is in evidence before the Tribunal. program of the conspirators, was thus faithfully reflected in the administration of the defendant Frank. which the defendant Frank did not mention in his report to Hitler. He does not mention the concentration camps, perhaps because, as a representative jurist of National Socialism, the defendant Frank had himself defended the system in Germany. As Governor General, the defendant Frank must be held responsible for all concentration camps within the boundaries of the Government General. These include, among others, the notorious camp at Maidenek and the one at Lublin. As indicated previously, the defendant Frank knew and approved that Poles were taken to concentration camps in connection with resettlement projects. He had certain jurisdiction as well in relation to the extermination camp Auschwitz, to which Poles from the General Government were committed by his administration. In February 1944, Ambassador Counsellor Dr. Schumberg suggested a possible amnesty of Poles who had been taken to Auschwitz for trivial offenses and kept there for several months. This conference, if the Court please, is reported in the Frank diary and is contained in our document 2233-PS-BB, at page 60 of the document book. It is the third quote on that page. I offer the original in evidence as USA Exhibit 295,
THE PRESIDENT: Did you say Page 70?
LT. COL. BALDWIN: Page 60, Sir. The German text appears in the looseleaf volume covering the period 1 January 1944 to 28 February 1944 at the conference on 8 February 1944 on Page 7. I quote:
"The Governor General will take under consideration an amnesty probably for 1 May of this year. Nevertheless, one must not lose sight of the fact that the German leadership of the General Government must now now show any sign of weakness".
This, then, was, and is, the conspirator Frank. The evidence is by no means exhausted, but it is our belief that sufficient proof has been given to this Tribunal to establish his liability under Count I of the Indictment.
As legal adviser of Hitler and the Leadership Corps of the NSDAP, defendant Frank promoted the conspirators' rise to power.
In his various juridical capacities, both in the NSDAP and in the German government, defendant Frank advocated and promoted the political monopoly of the NSDAP, the racial program of the conspirators, and the terror system of the concentration camps and of arrest without warrant. His role early in the common plan was to realize "the National Socialist Program in the realm of law", and to give the outward form of legality to this program of terror, persecution and oppression which had as its ultimate purpose mobilization for aggressive war. Governor General in 1939 of that area of Poland known as the General Government. Defendant Frank had defined justice as that which benefitted the German nation. His five year administration of the General Government illustrates the most extreme extension of that principle. under a program that constituted in itself a criminal plan or conspiracy, as defendant Frank well knew, to exploit the territory, ruthlessly, for the benefit of Nazi Germany, to conscript its nationals for labor in Germany, to close its schools and colleges, to prevent the rise of a Polish intelligentsia, and to disregard of the duties of an occupying poorer towards the inhabitants of occupied territory.
Under defendant Frank's administration, this criminal plan was consummated, but the execution went even beyond the plan. Food contributions to Germany increased to the point where the bare subsistence reserved for the General Government under the plan was reduced to a level of mass starvation. The savage program of exterminating Jews was relentlessly executed. Resettlement projects were carried out with reckless disregard of the rights of the local population. The terror of the concentration camp followed in the wake of the Nazi invaders. by the defendant Frank himself, from the admission found in his diary, official reports, reports of conferences with his colleagues and subordinates, and his speeches.
It is, therefore, appropriate that a passage from his diary should be quoted in conclusion.
It is our document 2233-PS-AA. It appears at Page 59 of the document book. I offer the original in evidence as USA Exhibit 613, The German text appears in the 1943 Volume of Labor Conference Meetings at the 25 January 1943 entry on Page 53.
In this address, defendant Frank, prophetically enough, told his colleagues in the General Government that their task would grow more difficult. Hitler, he said, could only help them as a kind of administrative pillbox". They must depend on themselves, "We are now duty bound to bold together" -- and I quote Frank, "We must remember that we who are gathered together here figure on Mr. Roosevelt's list of war criminals.
I have the honor of being Number One. We have, so to speak, become accomplices in the world historic sense," of the British delegation will now deal with the individual responsibility of the defendant Streicher.
LIEUTENANT COLONEL GRIFFITH JONES: If the Tribunal please, it is my duty to present the case against the defendant Julius Streicher. relating to Streicher, sets out the positions which he held, and which I shall prove, and it then goes on to allege that he used thos positions and his personal influence and his close connection with the Fuehrer in such a manner that he promoted the acquisition to power of the Nazi conspirators and the consolidation of their control over Germany, as set forth in Count I of the Indictment; that he authorized, directed and participated in the crimes against humanity set forth in Count IV of the Indictment, including particularly the incitement of the persecution of the Jews, set forth in Count I and Count IV of the Indictment. by the unofficial title that he assumed for himself as "Jew-baiter Number One," It is the Prosecution's case that for the course of some twentyfive years, this man educate the whole of the German people in hatred and that he incited them to the persecution and to the extermination of the Jewish race. He was an accessory to murder, perhaps on a scale never attained before.
With the Tribunal's permission, I propose to prove quite shortly the positions and influence that he held and then to refer the Tribunal to several short extracts from his newspapers, from his speeches, and to outline the part that he played in the particular persecutions that occurred against the Jews between the years 1933 and 1945. before the members of the Tribunal is arranged in the order in which I intend to refer to the documents. They are paged, and there is an index at the beginning of the book, and if the Tribunal have got what is called the Trial Brief, it is in effect a note of the evidence to which I shall refer, and again in the order in which I shall refer to it, which may be of some assistance.
Milord, this defendant was born in 1885. He became a school teacher in Nurnberg and formed a party of his own, which he called the German Socialist Party. The chief policy of that party, again, was anti-Semitism. In 1922 he handed over his party to Hitler, and there is a glowing account of his generosity which appears in Hitler's Mein Kampf, which I don't think it worth occupying the time of the Tribunal in reading. It appears as M-3, and is the first document in the Tribunal document book. The copy of Mein Kampf is already before the Tribunal as GB 128. From 1921 until 1945, he was a member of the Nazi Party, In 1925 he was appointed Gauleiter of Franconia, and he remained as such until about February of 1940, and from the time that the Nazi government came into power in 1933 until 1945 he was a member of the Reichstag, In addition to that, he held the title of Obergruppenfuehrer in the SA. All that information appears in PS 2975, which is already exhibited as US-9, and is the affidavit that he made himself. ly done through the medium of his newspapers. He was the editor and publisher of that journal from 1922 until 1933, and thereafter, the publisher and owner of the paper.
certainly was responsible for - the daily newspaper called the Fraenkische Tageszeitung. others, mostly local journals, that he published from Nurnberg.
briefly trace the course of his incitement and propaganda more or less in chronological order by referring the Tribunal to the short extracts. I would say this: These extracts are really selected at random. They are selected with a view to showing the Tribunal the various methods that he employed to incite the people against the Jewish race, but his newspapers are crowded with them, week after week, day after day. It is impossible to pick up any copy without finding the same kind of stuff in the headlines and in the articles. activities from 1922 to 1933 -- at Page 3 of the Tribunal's document book, M-11 -- that is an extract from a speech that he made in 1922 in Nurnberg, and, after abusing the Jews in the first paragraph -- I only refer to the last two lines:
"We know that Germany will be free when the Jew has been excluded from the life of the German people."
I pass to the next document, which is M-12, on Page 4. I ought to have given that up. The first document was GB-165. That is the book, I understand, that is being given that number, so that the next document, which is taken from the same book, will be the same. Perhaps I might be allowed to read that brief extract. It is an extract from a speech:
"I beg you and particularly those of you who carry the cross throughout the land to become somewhat more serious when I speak of the enemy of the German people, namely, the Jew. Not out of irresponsibility or for fun do I fight against the Jewish enemy, but because I bear within me the knowledge that the whole misfortune was brought to Germany by the Jews alone.
"I ask you once more, what is at stake today? The Jew seeks domination not only among the German people but among all peoples. The communists pave the way for him. Do you not know that the God of the Old Testament orders the Jews to consume and enslave the peoples of the earth?
"The government allows the Jew to to as he pleases. The people expects action to be taken.
You may think about Adolf Hitler as you please, but one thing you must admit. He possessed the courage to attempt to free the German people from the Jew by a national revolution. That was action indeed." in April of 1925:
"You must realise that the Jew wants our people to perish. That is why you must join us and leave those who have brought you nothing but war, inflation and discord. For thousands of years the Jew has been destroying the nations."
I ask the Tribunal to note now these last few words:
"Let us make a new beginning today so that we can annihilate the Jews." expression of annihilation of the Jewish race. Perhaps it gave birth to what was, fourteen years later, to become the official policy of the Nazi Government.
One further passage from this period. This is April 1932, M-14, taken from the same book. He starts by saying:
"For 13 years I have fought against Jewry."
I quote the last paragraph only:
"We know that the Jew whether he is baptized as a Protestant or as a Catholic, remains a Jew. Why cannot you realize, you Protestant clergymen, you Catholic priests, you who have scales before your eyes and serve the god of the Jews who is not the God of Love but the God of Hate. Why do you not listen to Christ, who said to the Jews. 'You are children of the devil'." early years. When the Nazi Party came to power, they officially started their campaign against the Jews by the boycott of 1 April 1933. Now, of that boycott the Tribunal have already had evidence, and I would do no more now than to remind the Tribunal in a word what happened. was shown in a document which is already before you, PS-2409, US 262, which was Goebbel's diary.
organization of that boycott, which appears in document PS-2056, US 263. It was then said that he started his work on Wednesday, the 29th. it was said that the boycott would start at Saturday at 10:00 A.M. sharp. "Jewry will realize whom it has challenged." That short quotation appears in Document PS-3387, which is US 566, which is a volume. In actual fact, it is one of Der Sturmers which is already before the Court.