THE PRESIDENT: Have they been communicated to the defendants' counsel?
COLONEL PHILLIMORE: No, My Lord; I have copies here. of Soviet prisoners of war. My Lord, that is not strictly offered in rebuttal, but theTribunal has before it a document, EC 338, which was put in as USSR 356. That document consisted of a commentary by Admiral Canaris on these orders, and your Lordship may remember the document. Defendant Keitel had made certain notes on it on which he was crossexamined, the reference in the shorthand notes being pages 7219 to 7223. My Lord, it seems appropriate that the actual orders should be before the Court and not merely the commentary. it consists of a covering letter from the Defendant Bormann to Gauleiters and Kreisleiters, covering the OKW letter signed by General Reinecke, the head of the Prisoners of War Department, and then there follow the actual regulations.
THE PRESIDENT; Has not this been in before?
COLONEL PHILLIMORE: My Lord, I am told not. What was put in was the commentary on this document which was by Admiral Canaris. It was included in the Keitel document book, but it was not formally put in.
THE PRESIDENT: I see. You mean it will be GB -
COLONEL PHILLIMORE: 525, My Lord.
THE PRESIDENT: Yes.
COLONEL PHILLIMORE: My Lord, the second document, D-912, will be GB 526. This is a series of boradcasts from German stations between 6 September and 22 October 1939, monitored by the British Broadcasting Corporation and dealing with the "Athenia."
My Lord, I offer that document in view of the defendant Raeder's evidence. The Tribunal will remember that, according to him, the article on the 23 October in the Voelkischer Beobachter came as a complete surprise. The reference in the shorthand notes is page 9832.
to the defendant, Fritsche, and it confirms his evidence that broadcasts blaming Mr. Winston Churchill for being responsible for the sinking of the "Athenia" started at the early part of September and went right on through the month. Actually, these broadcasts, the Tribunal will see -The first one 6 September. I might perhaps one sentence in the second line:
"The German press refutes the accusations of the British press that a German submarine had sunk the 'Athenia'. Churchill, as one of his first actions, ordered the 'Athenia' to be sunk in order to stir up antiGerman feeling in the USA." again on the 7th, the 11th, the 25th. I have not got the one on the 27th put in by General Rudenko, but there is one by the defendant Fritsche on 1 October, and so on, culminating with a broadcast by Goebbels on the 22nd, the day before the article appeared. My Lord, that will be GB 626. before the Peoples' Court on 7 and 8 August 1944, when seven defendants were tried for the attempt on Hitler's life. My Lord, I am only putting in a translated extract, but the photostat is in fact complete -- I should have said what is before the Tribunal is on a translation of certain extracts, but the exhibit contains the complete record of the proceedings.
THE PRESIDENT: Unless we have it translated, we shan't be able to have it in evidence.
COLONEL PHILLIMORE: My Lord, we do not intend to refer to more than the translated excerpt.
THE PRESIDENT: Very well.
COLONEL PHILLIMORE: I only said that for the benefit of defense counsel, who may wish to look elsewhere.
My Lord, I put that in in view of the defendant Jodl's evidence that it was only because British Generals obeyed orders that the German Generals were now being tried. That is page 11043 of the shorthand notes. The nature of the passages is that the President of the People's Court is refusing to accept the defense of superior orders put forward by the defendant. That will be GB-527, My Lord. a Gauleiter to Gauamtsleiters, Gauinspektors, and Kreisleiters on the subject of the law of hereditary health, and sterilization on the ground of imbecility. It is an important document in connection with the defendant Frick, and I put it in in view of the statements made on his behalf by his counsel at page 8296 of the shorthand notes, My Lord, when he said in effect that Frick had no control over the political police and that Himmler's subordination to him was purely nominal. that the decree -- and indeed its administration -- was the responsibility of the defendant Frick. My Lord, the next document is of a similar nature and I attribute it to the same page of the shorthand notes. It is M-151, and I offer it as GB-529. It consists of three letters on the subject of the murder of mental patients in institutions. The first is dated the 6th of September and is addressed by the supervisor of a sanitorium at Stettin to the Reich Minister of Justice. It sets out the feeling of insecurity in the neighborhood of the sanitorium administered by this inspector, in viewof the number of deaths which are occurring. acknowledging the complaint and saying that it has been passed on to the defendant Frick.
The third, of the same date, is the Minister's letter to his colleague passing the complaint on to him.
My Lord, the next document is again on the same subject. It is M-152, and I offer it as GB-530. It consists of four letters. Frick as Reich Minister of the Interior, by Bishop Wurm, the Provincial Bishop of the Wuerthemberg Evangelical Provincial Church. My Lord, it again sets out the mass of complaints he is receiving, and then goes on to deal with the wickedness of the practice which is apparently going on. Minister of Justice referring to the letter cent the defendant Frick. Frick reminding him of the previous letter of the 19th of July to which no reply had been received. communication again to the Minister of Justice. is a note on the Minister of Justice's file indicating that an official of the Ministry had informed the Bishop's Dean, presumably being Kemka, that the matter was entirely one for the defendant Frick. pamphlet prepared by the German Military Government authorities in Belgium. It comes from the files of the German War Office, the OKH, and it is entitled, "Belgium's Contributions to Germany's War Economy", and it is dated the 1st of March, 1942. occupation was benevolent. The Tribunal has heard, again and a gain, the suggestion that they did a great deal of good to the countries they occupied. This document is a very graphic illustration of the falsity of that evidence out of the mouths of the defense.
If I might take the Tribunal very quickly through it, My Lord: and it shows that more than half the working population was working for Germany.
Of the 1,800,000 workers and employees in Belgium, 901,280 were employed with the German armed forces and in the German interests. in terms of percentage of workers employed as slave labor. Belgian contribution to Germany, and in the 7th line, I think it is, it is summed up: Output to the value of 1.2 million Reichsmarks. and the same amount produced in the year in the Ruhr. used in the West wall.
Page 9 deals with cement; page 10, textiles; and page 11, metals. up of what had been taken out:
"It was possible to achieve these results only by exhausting the last reserves of the country." individuals. It is a comparison between Belgium, Holland and France. there is a chart on page 14. total earned income of the Belgian workers for the last year. for safekeeping in the Reichsbank. of I. G. Farben, the comparison being seven hundred million Reichsmarks as against the share capital of I. G. Farben of eight hundred million. had imported food into Belgium, but that, despite that, the rationing was the lowest of all Western countries. the Belgian rations by a comparison between 1938 and under the benevolent rule of the German military Government in 1941. My Lord, it speaks for itself.
France. It comes from the same source, and I offer it as GB-532. to finish photostating the English copies, but I will hand them in, if I may, subsequently. For the moment I will hand up German photostats.
My Lord, I offer it in view of the defendant Sauckel's evidence, at page 10617 of the shorthand notes, where he said that the total slave labor figure was not more than five million. My Lord, at pages 8 and 9 of this document, the Tribunal will see the slave labor position of Germany at the end of 1943, so that to this must be added slave labor drawn in during 1944. My Lord, it amounts to just under seven million, of which 1,462,000 were prisoners of war, so that the figure of slave labor, at that date, was slightly over five million; that is, slave labor excluding prisoners of war was slightly over five million, and to that, as I say, one must add the increase during 1944.
My Lord, on Page 8 are the figures and comparisons:
Men, civilians, 3,631,000:
Prisoners of Mar, 1,462,000; of it They were taken from France, are very similar to those in the case of Belgium. I would not propose to take the Tribunal through it unless it is desired that I should do so.
My Lord, that is all the documents that I have to offer. I understand myfriend, Mr. Dodd, has some.
MR. JUSTICE JACKSON: May it please the Tribunal; at the time of the cross-examination of the defendant, Hermann Goering, we confronted him with a document, numbered 3787-PS. It was received as U.S.A. Exhibit 762. It was the report of the second meeting of the Reich Defense Council. Goering acknowledged the authenticity of the minutes when they; ere presented to him in the German text. But the document at that time had not been translated, and consequently it was not possible to read into the record the many parts of that document which we considered important as bearing upon his credibility and testimony, and as bearing upon the denials of many others of the defendants that they knew of the planning of the war and that they participated in it. consider extremely important as rebuttal of testimony received from several of the defendants. of July, 1939, from the Supreme Command of the Armed Forces, on the subject, "2nd Meeting of the Reich Defense Council."
One hundred copies were prepared, and our copy is the 84th. It is labeled, "Most Secret", and merely transmits in the name of the Chief of the Supreme Command of the Armed Forces, the enclosed document to the following parties, among others. I shall name only the ones to which we have attached some importance.
To the Party, the Fuehrer's Deputy, the first copy; to the Chief of the Reich Chancellery; to the Ministerpraesident General Field Marshal Goering; to the Reich Air Ministry and the Commander in Chief of the Air Force; to the Foreign Office; to the General Plenipotentiary for Reich Administration, there are nine copies, including one for the Ministry of the interior, the Ministry of Justice, the Ministry of Education, the Ministry for Church Affairs, and the Reich Office for Planning. including copies for the Ministry of Economy, the Ministry of Food and Agriculture, the Ministry of Labour, the Chief Forester, and the Commissioner for Price Control; to the Ministry of Finance, the Ministry of Transport, Motor Transport and Roads, and the Ministry of Railways; the Post Ministry; the Ministry of Enlightenment and Propaganda; the Reichsbank Directorate; the General Inspector of German Roads; and to the Armed Forces, including ten copies for the OKH six copies for the OKM, the Reich Minister for Air and Commander in Chief of the Air Force; the Supreme Command of the Armed Forces. Defense Council held on a date to which we attach importance, the 23rd of June, 1939.
"Place: Large conference Room of the Reich Air Ministry.
"Commencement: 1110 "Termination:
1300.
"President: Ministerpraesident General Field Marshal Goering.
"Persons present: --" the list is very long:
The Fuehrer's Deputy, the Chief of the Reich Chancellery (Dr. Lammers), Reichsministerpraesident General Field Marshal Goering's staff, Secretary of State Koerner, Secretary of State Neumann, Councillor Bergbohm, and several others.
General Plenipotentiary for Reich Administration: Reichsminister Frick, Reichsfuehrer --SS Himmler, General of the Regular Uniformed police Daleuge; General Plenipotentiary for Economy:
Reichsminister Funk; the Reichsminister of Finance, Kresigk; Minister of Transport; General Inspector of German Roads, Dr. Todt; Supreme Command of the Armed Forces; Generaloberst Keitel, Warlimont; and Generalmajor Thomas. Artillery Haider; Supreme Command of the Navy, Grossadmiral Raeder; Reich Minister for Air: Milch and Bodenschatz.
The minutes of the meeting:
"Ministerpraesident General Field Marshal Goering emphasized, in a preamble that, according to the Fuehrer's wishes, the Reich Defence Council was the determining body in the Reich for all questions of preparation for war.
It is to discuss only the most important questions of Reich Defence. They will be worked out by the Reich Defence Committee.
"Meetings of the Reich Defence Council are to be convened only for these d e c i s i o n s which are unavoidable. It is urged that the Departmental Chiefs themselves be present.
"B. DISTRIBUTION OF LABOUR. "I. The President announced the following directives to govern the distribution and employment of the population in wartime.
"The total strength of the Armed Forces is determined by the Fuehrer. It includes only half the number of those fit and liable for military service. Nevertheless, their disposition will involve difficulties for economy the administration and the whole of the civil sphere.
"When a schedule of manpower is made out, the basis on which the question is to be judged is how the remaining number, after those required for the Armed Forces have been withdrawn, can be most suitably employed.
"Of equal importance to the requirements of the Armed Forces are those of the Armament Industry. It, above all, must be organised in peace-time, materially and as regards personnel, in such a way that its production does not decrease but increases immediately with the outbreak of war.
"The direction of labour to the vital war armament industry and to other civilian requirements is the main task of the General Plenipotentiary for Economy.
"War armament covers not only the works producing war materials, but also those producing synthetic rubber (Buna), armament production tools, hydrogenation works, coal mining etc.
"As a rule, no essential and irreplaceable workers may be taken away from "war decisive" factories, on whose production depends the course of the war, unless they can be replaced.
"Coal mining is the most urgent work. Every worker who is essential to coal mining is "indispensable".
"Note: Coal mining has even now become the key point of the whole of the armament industry, of communications and of export. If the necessary labour is not made available for it now, the most important part of the export trade, the export of coal, will cease. The purchase of coal in Poland will stop. The correct distribution of labour is determinative. In order to be able to man these key points with the right people, severe demands will shortly be submitted to the fuehrer which, even in the current mobilisation year, will under certain circumstances lead to an exceptional direction of the war, e.g. to the immobilisation of lorries and to the closing down of unessential factories owing to lack of coal.
"In addition, there is the supplying of Italy and other countries such as Scandinavia with coal (to maintain the German supplies of iron.)" larly important to our argument and pass to Item 2, page 9 of the English translation:
"A second category of workers liable for military service will be called up during the war after their replacements have been trained. A decisive role is played by the extensive preliminary training and retraining of workers.
"Preparations must be made for replacing the mass of other workers liable for military service, even by drawing on an increased number of women. There ore also disabled servicemen.
"Compulsory work for women in wartime is of decisive importance It is important to proceed to a great extent with the training of women in war-essential work, as replacements and to augment the number of male workers.
"In order to avoid confusion when mobilisation takes place, persons working in war-essential branches e.g. administration, communications, police, food, will not at first be removed. It is essential to establish the degrees of urgency and the standard of value.
"In the interests of the auxiliary civilian service, provided by every European people to gain and maintain the lead in the decisive initial weeks of a war, efforts must, in this way, be made to ensure by a trustworthy organization, easily understood, that every German in wartime not only possesses his mobilisation orders but has also been thoroughly prepared for his wartime activity. The works must be adapted to receive the replacements and additional workers.
"The General Plenipotentiary for Economy is given the task of settling what work is to be given to prisoners of war, to those in prison, concentration camp and penitentiary.
"According to a statement by the Rcichsfuehrer-SS, greater use will be made of the concentration camps in wartime. The 20,000 inmates be employed mainly in workshops inside the concentration camps.
"Secretary of State Reich Minister of Labour Dr. Syrup, made a report on the employment of labour in the event of mobilization and the schedule of manpower for the war."
the totality of the mobilization planned months before the war started, and indicating, as we shall argue, preparations for a war more extensive than the more brush with Poland.
"The figures for the schedule of manpower drawn up experimentally, could be only of a preparatory character and merely give certain guiding principles. The basis of a population of 79 million was taken. Of these, 56.5 million are between the ages of 14 and 65. It is also possible to draw upon men over the age of 65 and upon minors of between 13 and 14. Defectives and the infirm must be deducted from the 56.5 million. Most prisoners are already employed in industry. The greates deduction is that of 11 million mothers with children under 14. After these deduction have been made, there remains an employable population of 43.5 million: 26.2 million men, after deducting 7 million members of the Armed Forces: 19.2 17.3 million men, after deducting 250,000 nurses etc: 17.1 for the whole of GermanY's economic and civil life. The President does not consider women over the age of 60 as employable. 8.) The number of workers at present employed and of employed (2/3 of those gainfully employed) distributed over 20 large branches of industry, amounts roughly to the following: 24 million men (excluding 2 million service men), 14 million women. 9.) No information was then available regarding the number which the Armed Forces will take from the individual branches of industry. Therefore an estimate was made of the numbers remaining in the individual branches of industry after 5 million servicemen had been called up.
The President's demand, that the exact number liable to be drawn upon be established, is being complied with. These enquiries are not secret apart from figures given and formations.
"Apart from the 13.8 million women at present employed a further 3.5 million unemployed women, who are included on the card-index of the population, can be employed.
2 million women would have to be redirected: e.g. a transfer can be made to agriculture and to the metal and chemical industry, from the textile, clothing and ceramic industries, from small, trading, insurance and banking businesses and from the number of women in domestic service.
12.) The lack of workers in agriculture, from which about 25% of the physically fit male workers will be withdrawn, must be made up by women (2 in the place of 1 man) and prisoners of war. No foreign workers can be counted on. The Armed Forces are requested to release to a great extent works managers and specialist workers such as milkers, tractor drivers, (35% are still liable for call up).
"In the agricultural sphere, preparations must also be made to relieve individual employment through help from neighbouring farms, systematic use of all machines and making a store of spare parts available.
"15. The President announced that, in the war, hundreds of thousands of workers from non-war economy concerns in the Protectorate are to be employed under supervision in Germany, particularly in agriculture, and housed together in hutments. General Field Marshal Goering will obtain a decision from the Fuehrer on this matter."
I shall omit No. 16.
"17. If I may say as I offer this, it seems rather detailed as showing the extent of preparation already accomplished at the time in June of 1939.
"The result of the procedure of establishing indispensable and guaranteed workers is at present as follows: Of 1,172,000 applications for indispensability, 727,000 have been approved and 233,000 rejected."
I shall pass to "c" near the bottom of the page: "The orders to supplementary personnel to report for euty are ready and tied up in bundles at the Labour Offices." with wages and I pass to No. 21, a detail which I offer as indicating that a long war was in anticipation. "When labour is being regrouped, it is important and with specialist workers, essential that the workers are retrained for their work in the new factory, in order to avoid setbacks in the initial months of the war. After a few months have passed, it must be possible to replace most of the specialist workers."
I pass to point "V". "The General Plenipotentiary for Economy, Reich Minister of Economy Funk, stated his opinion of the consequences of the schedule of manpower, from the point of view of the carrying on of industry.
"a. In accordance with the verbal agreements made with the OKW, the regulations regarding indispensable personnel have been laid down, and the certificate of indispensability issued."
I shall pass to point No. 25 on page 15: "In reply to the request by the speaker that when withdrawing workers for the Naval Dockyards, more consideration should be shown for the important sections of industry, parti cularly export and newspaper concerns, the President pointed out the necessity of carrying out the Naval Building Programme as ordered by the Fuehrer, in its entirety."
I pass to the large heating Roman No. VI. "The General Plenipotentiary for Administration, Reich Minister of the Interior, Dr. Frick, dealt with the saving of labour in the public administration.
"The task is primarily a problem of organization. As can be seen from the surveys showing how the authorities, economic and social services are organized, which were submitted to those attending the conference, there are approximately 50 different kinds of officials in the District Administration, each quite independent of the other -- an impossible state of affairs. Formerly there were in the State two main divisions, the state Civil Service and the Wehrmacht. After the seizure of power, the Party and the permanent organizations were added to these, with all their machinery from top to bottom. In this way the number of public posts and officials was increased many times over. This makes public service more difficult.
"Since the war, tasks have increased enormously." The context makes it clear that that is the preceding war. "The organizing of total war naturally requires much more labour, even in the public administration, the in 1914. But it is an impossibility that this system should have increased its numbers twenty to forty fold, in the lowest grade alone. For this reason, the Reich Ministry of the Interior is striving for coordination of administration."
A small commission was created. I offer Item No. 29 in connection with Goering's testimony that they ceased to function. "Instead of further discussions before the whole assembly, the forming of a small commission was recommended, which will make definite proposals. Extensive preparatory work has been undertaken." And a note by the committee that the committee had been functioning.
Point 30. "The President requested that the commission's proposals be submitted. It was an important section of the preparation for war.
Now, I shall pass to the large sub-division "C" which relates to increasing the efficiency of the communications service, starting with the receipt of a report from the Army General Staff.
"The result of the examination of the work necessary for strategic concentration a year and half ago showed that the transport service could not meet all the demands made on it by the Armed Forces. The Minister of Transport agreed. The 1938 section of the Four Year Programme will presumably be completed in August 1939.
"Shortly after this programme was drawn up, demands were made on the Wehrmacht, which changed completely the usual employment of the Wehrmacht at the beginning of a war. Troops had to be brought to the frontier, in the shortest possible time, in numbers which had until then been completely unforeseen. The Wehrmacht was able to fulfill these demands by means of organizational measures but transport could not.
"In the Transportation sphere Germany is at the moment not ready for war." peatedly made by a number of witnesses that the movements of the Wehrmacht in the Rhineland, the Anschluss and all the rest of it, even Czechoslovakia, were surprise movements. "In the case of the three operations in 1938/1939 there was no question of an actual strategic concentration. The troops were transported a long time beforehand near to the area of strategic concentration by means of camouflaged measures.
"This stop gap is of no use whatsoever when the time limit connot be laid down and known a long time beforehand, but an unexpected and almost immediate military decision is required instead. According to the present situation, transport is not in a position despite all preparations, to bring up the troops."
"a" is unimportant for my purposes, on page 18.
"b" and "c" represent steps to be taken to meet the deficiency.
On page 19, I shall not bother to read No. 38, showing the preparation of highways from East to West and from North to South.
I read No. 39, if I may: "The President remarked that even in peacetime certain vital supply stores of industry and the armed forces are to be transferred to the war industrial centres to economize in transport later on I shall pass to point No. 41 on page 29:
"To sum up, the President affirmed that all essential points had been cleared up at this meeting."
which Mr. Dodd will Submit, if it is agreeable to the Tribunal.
THE PRESIDENT: We will adjourn now.
(A recess was taken).
THE PRESIDENT: Mr. Dodd, you have got some other papers to put in ?
MR. DODD: I would like to offer, Mr. President, Document 406-PS, which is the bulletin of the Reich Minister for Armament and Ammunition, and it is a matter that the Tribunal, in our judgment, may take judicial notice of. It is an official publication but it will be quite helpful in connection with the labor program as between Suackel and Speer and it is offered for that purpose, to clear up some of the coubts that may have arisen after the Speer and Sauckel testimony. I think there is no necessity to read it at all but simply to offer it. It would become USA 902.
Then I would like to offer Document 1452-PS. This is a report of a conference of the chiefs with the Chief of the Department of the Economic Armament office, and I would just like to read a short excerpt from it. It is Document 1452-PS, dated the 24th of March, 1942. It says :"Conference of the Chiefs with Chief of the Department. Report of the Chief of the Department on the conference on the 23rd of March with Milch, Witzell, Leeb, in Minister Speer's office. The Fuehrer looks upon Speer as his principal mouthpiece, his trusted advisor in all economic spheres. Speer is the only one who today can say anything. He can interfere in any department. He already disregards all other departments." And the remainder of the document we do not with to quote and I do not think it is necessary because the text is not changed any by what we have quoted from it. That becomes USA 903.
Now we also have here some photographs, Mr. President, and these are offered with respect to the Defendant Kaltenbrunner. They were turned over to us by our colleagues of the French prosecution. The first one is F-894, which becomes USA-904. That is a picture showing Himmler congratulating someone, Kaltenbrunner immediately to his rear.
THE PRESIDENT: How are they identified ?
MR. DODD: I will submit it -- well, these are all captured documents
THE PRESIDENT: No, I mean by caption or any other way, where do they come from ?
MR. DODD: Well, I assume them to be all captured documents. Oh, I see how -- there are affidavits attached to each one which explain their source.
Here, this first one, there is a man by the name of Francois Boix, who says that he is a photographer and was interned at Mauthausen, and so on, and he attests that this photograph was taken, and so forth. I think that is sufficient -- I assume it is -- to identify the picture. I believe that each one of them has a similar statement.
Now the next one is F-896, which becomes USA-905. The back of the original bears an affidavit by Francois Boix.
The next one is F-897, which becomes US A-906. This, as well, bears the affidavit of Francois Boix and shows Kaltenbrunner and Himmler and other SS officials. we particularly call to the Tribunal's attention. It, as well, boars the certificate of Francois Boix, Kaltenbrunner is there in the second row, Himmler and Hitler in the immediate center between Kaltenbrunner and, apparently, Martin Bormann, taken at a concentration camp it appears from the picture of the unmates on the left side. offer as USA-908. It is the deposition of Oswald Pohl, P-o-h-l, dated the 28th of May, 1946. The substance of the affidavit reads as follows:"I can say with absolute certainty that on the occasion of a duty call at Mauthausen --"
THE PRESIDENT: One moment. Was Pohl called as a witness ?
MR. DODD: No, sir, he was not called. That was Puhl, P-u-h-l. The names are similar.
"-- I saw and spoke to SS Obergruppenfuehrer Kaltenbrunner there at the officers'mess on the righthand side of the camp entrance either in the autumn of 1943 or the spring of 1944. I took lunch with him there at the mess table."
And then another affidavit, 4032-PS, which becomes USA-909. I think it is unnecessary to read this; it has been translated. It is the deposition of one Karl Reif, R-e-i-f, in which he states that he saw Kaltenbrunner either in May or June about midday in 1942 in the camp at Mauthausen.
That is all we have to offer, Mr. President.