Then paragraph 3 says, "Above expositions are for person information. In case of need, however, there need by no hesitation in informing the Gauleiter in suitable form." My Lord, it is the last sentence of the document, that "there need be no hesitation in informing the Gauleiter in suitable form." ing Eastern Nationals a trial and handing them over to the Poles. What had he to do with it.
A. First, this document refers, in the beginning, to a directive by the Reichsfuehrer SS to the subordinate offices. That is to say, not to the Gauleiter. Secondly, the persons who received that document could have decided to instruct the Gauleiters if they deemed it necessary.
Q. That's what I want you to help us on. How did it become necessary for these Polish officers and the officers of the R.S.H.A. to instruct the Gauleiters in refusing a trial. What I want you to tell the Tribunal is how the Gauleiters came into it unless they were helping the Poles to perpetrate this injustice like many others. How did they come into it?
A. The Gauleiters did not have anything to do with it at all. With the permission of the Tribunal, I would like to mention my own personal experience
Q. I would rather not. I am not interested in your experiences. What I am interested in is why the Poles should be instructed to inform the Gauleiters if necessary? Tell us the sort of circumstances in which the Poles would to to the Gauleiters -- that's what I want to hear.
A. I don't know anything about that. The Gauleiters did not participate in these matters.
Q. So it is your answer that you cannot tell the Tribunal. You cannot imagine any circumstances which would cause Herr Streckenbach to send these instructions to the High SS and Head of Police and one-half dozen Polish districts? You cannot think of anything that would cause that paragraph to come in?
A. I have already said that the writer of that document leaves to those who receive it whether they want to instruct the Gauleiters or not.
Q. Alright, let's look at something else.
My Lord, if your Lordship will turn to page 24. Witness, it is 26 -page 26 in your book. Now, that is a report from Herr Abetz who was the Reich Ambassador in Paris and it has a very large distribution to the Foreign Office and other places, and it is dealing with Jews who had loft Austria and had not changed their Austrian passports for German passports, and also Reich German Jews who had not reported when they were abroad. I want you to look at the end of the first paragraph where Abetz says:
"Suggest for the future a collective expatriation procedure for the occupied territory of France based on lists made here in agreement with Hoheitstrager in which should be listed primarily the members of the following groups:" And then he has listed the ex-Austrians and Jews who have not reported.
A. May I ask where the word Hoheitstrager is to be found?
Q. You see the Number 1 -- well, about three lines before that.
A. Yes, I found it.
Q. "Suggest for the future a collective expatriation procedure for the occupied territory of France based on lists made here in agreement with Hoheitstrager (High Party Leaders) in which should be listed primarily the members of the following groups." lists of the Jews who have not complied with the regulations, and therefore are to be expatriated from comparative safety in France and brought into the Reich where, in 1942, they would probably take a journey into the East and then be gassed? Now, is that a normal type of duty which the Hoheitstrager did -- to make lists of offending Jews for the Reich authorities?
A. First, this is concerned, apparently, with the Hoheitstrager of the organization in Foreign countries, the Ausland Organization.
Q. Yes, that is evident from the word here.
A. To me, as Gauleiter, I have never been asked to perform such services, and if one asked me to perform then, I would have refused to do so.
Q. Just one other point on the Jews. Would you look at Die Lage?
My Lord, this will be GB-534. My Lord, there are copies of the relevant extracts. Die Lage is the situation report giving the military political situation of the day, and you will see, if you will just look back at the beginning, witness, for a moment, if you will look back to the front. Would you be good enough to look back to the front? You will see that it is for August, 1944, and it begins with an article by the Defendant Doenitz on seawarfare. Mow, you notice that at the front it is referring to Hoenge which, I understand, is somewhere near Aachen. NSDAP Hoenge. Now, did you get that? Did you get the Die Lage?
A. Yes.
Q. Well now, just look at page 23, 23 deatling with the Jewish problem in Hungary. "It was a matter of course that the German offices in Hungary did everything possible after March 19th to eliminate the Jewish clement as rapidly and as completely as was at all possible.. In view of the proximity of the Russian front, they commenced with the cleaning up of the northeastern area -- North Transylvania and the Carpathian province -- where the Jewish element was the strongest numerically. Then the Jews were collected in the remaining Hungarian provinces and transported to Germany or German controlled territories. 100,000 Jews remained in the hands of the Hungarians to be employed in Labor battalions." definition of "Jew" in Hungarian Law.
It goes on to say, towards the end of the first paragraph: "Up to the 9th July approximately 430,000 Jews from the Hungarian provinces had been handed over to the German authorities. The handing over takes place on the Hungarian, national frontier, up to which the carrying out of the measures against the Jews, and with it also the responsibility for it, is a matter for the Hungarians." dapest. It says: "At the last stage of the measure against the Jews, the Jews from Budapest were to be deported. It is a question of approximately 260,000. But in the meantime pressure from enemy and neutral countries (Hull --"I suppose that is Mr. Cordell Hull--" the King of Sweden, Switzerlsnd, the Pope) had become so strong that those circles in Hungary that are friendly to the Jews attempted to influence the Hungarian government to prevent any further measures against the Jews". taken against Jews in Hungary, everyone who got "Die Lage" knew what the Germans were doing with regard to the Hungarian Jews, did they not?
A. I have to dissappoint the Prosecutor, because I myself see that magazine today for the first time. I do not deny that it may have been sent to me but I never read it, perhaps because I didn't have the time. However, if it was read in other circles of the Party, I could not say. I myself find out in this form about the measures against the Jews here for the first time.
Q. Well, just let's get the distribution of "Die Lage". It may have been bad luck that you didn't read it -- or good luck; but still, it went to all Gauleiters, it went to all Army and Navy and Air Force Commands. Did it go to the Kreis and the Ortsgruppenleiters?
A. May I ask the Prosecutor to tell me from where that can be seen?
Q. I am asking you whether that is not right. You know it as well as I do, don't you that it went to all Gauleiters and to Army Commands?
A. I have just told the Prosecutor that it is for the first time that I see this book here. It may have been sent to me but I have never seen it before and never read it.
Q. You never read it at all, do you say?
A. I do not know the magazine "Die Lage" and I see it for the first time here today.
Q. So that you can't say whether there was any distribution to Kreisleiters or Orstgruppenleiters?
A. I believe that this distribution is very probable because my attitude to the Jewish question was very well known and my Kreisleiters would have pointed out that article to me; I am quite certain of that.
Q. as I understood you a few moments ago, you said that it was quite possible that you might have got "Die Lage" but you hadn't read it?
A. Yes.
Q. Way did you think it was quite possible that you might have got it if there wasn't a distribution to Gauleiters?
A. I have not asserted that there was no distribution. I just asked the Prosecutor to tell me from where it can be seen that the Gauleiters received that magazine.
Q. Well, you see, I have referred you to the front page, to what was put on the copy which we happened to capture. It has got "NSDAP Hoengen". It doesn't lock as if it was a very restricted distribution if it got to the NSDAP. I am right, am I not, that Hoengen is a village near Aachen; is that not right?
A. I don't knew, whether that is a village near Aachen. What I see here is a note in handwriting. How that was made I can not judge. I see that periodical today for the first time.
Q. All right. Well, we mustn't take up too much time. I will take you on to another point which Dr. Servatius referred to. I want to ask you just one or two questions about the lynching of Allied airmen.
SIR DAVID MAXWELL FYFE: My Lord, if your Lorship will look at page 41 of the Book.
Q. Witness, it is page 43 for you. That is an order signed by the defendant Hess, of the 13th of March, 1940.
SIR DAVID MAXWELL FYFE: My Lord, it is Document 062-PS, USA Exhibit 696, and the subject is:
Instructions to the civilian population regarding appropriate behavior in case of landings of enemy planes or parachutists in German territory. It syas: "The French civilian population was directed officially and by radio how to behave in case of landings of German planes. On account of this fact the Commander in Chief of the Air Force has requested me to instruct the civilian population correspondingly by means of party channels. The attached direction as to procedure are to be disseminated only orally via district leaders (Kreisleiters), local municipal leaders (Ortsgruppenleiter), cell leaders (Zellenleiters), block leaders (Blockleiter), leaders of the incorporated and affiliated organizations of the party. Transmittal by official orders, posters, press or radio is prohibited," Then it says:" Official Stamp: Top Secret." And the various matters, instructions as to the treatment of top secret documents. says: 1. Planes to be put under protection; 2. The airmen are to be arrested at once and restarting or destruction prevented; 3. No looting or taking of souvenirs. Now look at Paragraph 4. "Likewise, enemy parachutists are immediately to be arrested or made harmless.
SIR DAVID MAXWELL FYFE: My Lord, I think that is a better translation of "unschaedlich gemacht." BY SIR DAVID MAXWELL FYFE:
Q. Now, what was "asking harmless" -- murdering?
A. The expression "unschaedlich gemacht" in this connection is a bad selection in my opinion, a dangerous selection, According to the situation of this period and since that letter emanated from the deputy of the Fuehrer Hess whose absolutely humane and decent attitude was well known.
Q. Well, you see it is used. You have already got "arrested". The "made harmless" must be something different from "arrested". Don't you think, on consideration, that the ordinary Blockleiter to whom this message was orally given would take it that he was to murder the parachutist if he couldn't arrest him? What is the purpose of all this secrecy if "unschaedlich gemacht" has not that meaning? Why have you got about fifteen different provisions as to the secrecy of this order if it didn't mean murder?
There's nothing else secret in the order, is there? Nothing else that you couldn't put in the hands of a Sunday school?
A. The order contains other points, too, aside from Point 14. I state that, according to the situation of that time, the incriminating expression "unschaedlich gemacht", that is there was any resistance they should be made harmless, but I admit that without an interpretation to those who received that order there may be some danger in the choice of words.
Q. Well, now, that is the defendant Hess. Now just look at Himmler's order of the 10th of August 1943.
SIR DAVID MAXWELL FYFE: My Lord, Your Lordship will find it on Page 89 and it is 116 or 117 of your document book.
Q. That is sent on the 10th of August, 1943. It is sent at Himmler's request by one Brand, an SS Obersturmbannfuerer, and you will see that again -- look at the orders for distribution: "At the request of the Reiehsfuehrer SS I am sending you the enclosed order, with the request that the Chief of the Regular Police and of the Security Police be informed; they are to make this instruction known to their subordinate offices verbally. In addition, the Reichsfuehrer SS requests that the Gauleiters concerned be informed verbally of this order. It is not the task of the Police to interfere in clashes between Germans and English and American terror fliers who have bailed out."
Why, again -- why were Gauleiters to be informed verbally if it wasn't that they were to connive at the murder of the airmen?
A. The intention by this order is not clear to me. I also received that order through the Higher SS and Police Leader and I passed it on to the Party; that is to say, the Kreisleiters, to have it passed on to their subordinates and to presidents of police; and I issued the order that, under all circumstances, the flyers should be captured, not maltreated, and should be turned over.
Q. But that wasn't what the order said, you know, if you passed it on. The order said that the police were not to interfere in clashes between Germans and the flyers.
In other words, they were to stand aside and let the flyers be lynched. If you passed that on, that meant that the Leadership Corps were going to to assist and encourage no interference with lynching of Allied airmen, That is what it comes to, isn't it? Well, now, I just want to remind you, that wasn't the end.
SIR DAVID MAXWELL FYFE: My Lord, if your Lordship turns to Pages 39 and 40 -- that is 41, witness, in your document book. That is on the 30th of May, 1944.
THE PRESIDENT: Did not the witness say then that, according to his understanding, these terror flyers were to be arrested and turned over?
SIR DAVID MAXWELL FYFE: Yes, My Lord, That is quite differnet from the order.
THE PRESIDENT: Yes, but to whom were they to be turned over? BY SIR DAVID MAXWELL FYFE:
Q. Witness, to whom did you understand were the terror flyers to be handed over according to your orders?
A. The political leaders, if they participated in the arrest, were to turn over these captured flyers to the police and the police were supposed to turn them over to the Luftwaffe office in question.
Q. Your orders were that the political leaders who participated were to hand them over to the police. Was that the Ordnungspolizei or the Sicherleitspolizei?
A. To the Ordnungspolizei.
Q. Well, now the next order is one of Bormann's on the 30th of May 1944 and you will find it on Page 41. SIR DAVID MAXWELL FYFE: It is page 39 of your Lordship's.
Q. You will see the first paragraph says:"In the last few weeks lowflying English and American flyers have repeatedly shot children playing in squares, women and children at work in the fields, peasants plowing, vehicles on the highways, trains, from a low altitude with their aircraft guns, and have thus murdered defenseless civilians -- particularly women and children-- in the vilest manner.
Several instances have occurred where member of the crews of such aircraft who have balled out or have made forced landings were lynched on the spot immediately after capture by the populace which was incensed to the highest degree. No police measures or criminal proceedings were invoked against the German civilians who participated in these incidents." And you will see that that goes to Reichsleiter, Gauleiter, and Kreisleiter, and you will see that on the next page:"The leader of the Party chancellory " -- that is Bormann "requests that the local group leaders (Ortsgruppenleiter) be instructed concerning the content of this circular letter orally only."
A. What order by Bormann is well known to me. I had it stopped b the Gau Staff Chief, and beyond that, for reasons of particular care on the basis of this letter, I issued the order which I have mentioned here to Party and Police as well; that is to say, when I speak of Police, the police chiefs, Polizeipresident, or some casualties, such as are mentioned here, also occurred in Hamburg.
Q. But you don't dispute, do you, witness, that the purpose of that order was to encourge everyone down to Ortsgruppenleiter not to interfere with the lynching of airmen ?
A. No, this can be seen clearly from the wording -
Q. I sm not going to argue about a written document. I prefer to show you how it was interpreted in another Gau. Would you turn to Page 27 -
SIR DAVID MAXWELL FYFE: If Your Lordship will be good enough to turn to page 25 you will find the Document L-154, USA-335 BY SIR DAVID MAXWELL FYFE:
Q. That is the Gauleiter Service, 25 February 1945, for Southern Westfalia: The Gauleiter and National Defense Commissioner of the Gau Westfalen-South signed by one Hoffmann, and there is a distribution to County Counsillors, Kreisleiter, an: Staff Chiefs of the Volkesturm. It says: "Fighter-bomber pil who are shut down are on principle not to be protected against the indignation of the people. I expect from all police offices that they will refuse to lend their protection to these gangster types.
Authorities acting in contradiction to the popular sentiment will have to account to me. All police and gendarmerie officials are to be informed immediately of this my attitude." Signed, Albert Hoffmann. der to hold off and not interfere in any way if these flyers were being lynched.
However, you say there in the Gau Hamburg you gave orders 30 July A LJG 17-1 that they were to he handed over to the police.
in several Gaus ---- I have to submit according to the experience of the last two months, information received, but I an convinced that in some Gaus it was handled the same way as in mine. explain to the Tribunal, though it is not strictly on the Leadership Corps. Why would an SA Obersturmbannfuehrer initial that document in 25 February 1945; why would he be initialing it? is initialed by Buckemueller, SA Obersturmbannfuehrer and County Staff Chief of the Volkssturm; why would he be initialing it?
A That I don't know, because --
Q I won't trouble you. Now, I want to take the next subject and again, I hope, deal very shortly with what Dr. Servatius mentioned -- the churches. Do you agree that it was the general policy of the Nazi Party to do everything in its power to weaken the influence of the Christian churches? It is page 7 of your book and page one of the English book. That is dated the 12th of December 1941 and it deals with a secret decree of the Reichsleiter Bormann regarding the relationship of National Socialism to Christendom. If you would look at the first paragraph, that deals with the finding of this decree, a copy of a letter on the "relationship", in the papers of a Protestant priest called "Eichholz" at Aix-la Chapelle, which is supposed to originate from Reichsleiter Bormann; and then the second paragraph says:
"As far as this document is concerned it does, in fact, as I have ascertained, represent a secret decree of the Party 30 July A LJG 17-2 Chancellery signed by Reichsleiter Bormann, in which Reichsleiter Bormann clearly points out that National Socialism and Christendom are incompatible and that the influence of the Churches in Germany, including the Protestant Church, must be eliminated.
The decree was addressed to Gauleiter Dr. Meyer at Munster on the 6th of June 1941." And then it gives the reference.
"I have ascertained that on the 7th of June 1941, the decree was also sent to the remaining Gauleiters...." and it says that since this first paragraph of the circular decree addressed to all Gauleiters is missing from the document in psssession of Priest Eichholz, it appears it was known to the church. the 7th of June 1941? If you can't remember the decree, you will find it in the next two pages and I just remind you of one or two of the worst pieces in it. At the end of the second paragraph it says: "Our National Socialist ideology is far loftier than the concepts of Christianity, which in their essential points have been taken over from Jewry. For this reason also we do not need Christianity." And it says that if the youth doesn't learn about it, Christianity will disappear; and then there are some very odd utterances and you talk about a vital force; and if you will look towards the end of Bormann's document, it says in the third from last paragraph:
"For the first time in German history the Fuehrer consciously and completely has the leadership of the people in his own hand. With the party, its components and attached units the Fuehrer has created for himself and thereby the German Reich leadership an instrument which makes him independent of the church And it goes on to develop that and if you will look at the penultimate paragraph, in the second sentence, it says: " Just as the deleterious influences of astroloters, seers and other fakers are eliminated and suppressed by the state, so must the possibility of church incluence also be totally removed."
Now 30 July A LJG 17-3 that it is recalled to your memory, I shouldn't think that you should have forgotten a decree couched in such, shall we say, extraordinary language as that; do you remember it?
leadership was not doing everything in its power to attack Christianity?
A Yes. In this case, we are concerned with a statement by Bormann which, to my knowledge, a few days after, upon orders of the fuehrer, had to be withdrawn as an individual opinion of Bormann.
Q That can't be so, because if you notice, the decree was issued on the 7th of June and this decree which, after all, is going to the RSHA, to Mueller, is the 12th of December, which is six months after the decree was opened and there is nothing in that decree about it being withdrawn. Surely, if it had been withdrawn on the 14th of June or there would have been something in this decree to the security service and intelligence office of the Reich, surely they would have enough intelligence and information to know that a decree had been withdrawn six months before. decree has not only been formerly withdrawn but that it had to be sent back, in fact. Security Police never heard about its being withdrawn -- and we discuss it in detail -- let us take it in that way. I don't know if you had heard or you may have read that the defendant Pritsche here said that even Goebbels was afraid of Bormann." so isn't it correct that Bormann was a man who had great influence, especially in the last years? were many who were not afraid of him.
Q But there would he many who would be influenced if 30 July A LJG 17-4 Bormann was to give an anti-Christian lead to the National Socialist Party, would there not?
forces in the Party. to take them well-spaced out. I suggest to you that yours is typical. Let me take one -- in 1935.
I can't remember, witness, whether you are a Catholic or a Protestant. I have no ulterior motive. I am going to deal with an incident in a Catholic church. Of which are you?
Q I take it quite surely you will follow it. You will know who the people are and so forth. This is an incident on the 27th of March 1935, when Cardinal Faulhaber was preaching in the cathedral at Munich and the local branch of the party wanted to take a record of the sermon in case His Eminence was saying anything which might offend the Party and they did so by breaking one of the windows of the church and inserting a cable which would pick up the sound so a record could be taken and there were various happenings and a lot of discussion with which I shall not trouble the Tribunal but one of the priests of the cathedral brought the incident to the attention of the local Wehrmacht Commander and it is with regard to what he says in relation to the functioning of the Leadership Corps that I want to draw your attention. You may take it from me that that is the general incident which is described at great length and which have accussations of exaggeration on both sides and, therefore, I am only going to take you to the passage in which the local commandant deals with the situation.
My Lord, it is at the bottom of page four. My Lord, it says "Page 5, continued at the top." Has Your Lordship got that?
THE PRESIDENT: Yes.
30 July A LJG 17-5
SIR DAVID MAXWELL-FYFE: My Lord, it is on the bottom paragraph on page 5. This is after the occurrence when the Wehrmacht officer is making his report; he says:
"On Monday, February 18, there came to the house of paymaster official Grueber the Kreisleiterin leader of the district of the Nazi Party Women's Organization Mrs. Dr. Dreis and asked the wife of paymaster official Grueber to come immediately with her to the Dom to listen to the sermon of Cardinal Faulhaber implying that this was Mrs. Grueber's duty as a member of the party and the Nazi Party Women's Organization. Mrs. Lrueber's objection that she was a protestant was rejected as unimportant; instead it was ordered that every member of the Nazi Women's Party Organization has to attach herself to a Storm Trooper in civilian clothes, in which way they would be considered as audience and not as sent out party members. There is no doubt that this measure shows the intention of disturbance of the service and the bringing about of violent scenes." And on that, the Wehrmacht officer, very wisely you may think, told her to rely on the fact that Herr Grueber was a paymaster or something of that sort and she needn't be mixed up with the Party matters. But what I want to ask you about is this: The Kreisleiterin leader of the district women, she would be the women's leader on the Kreisstaff of the Party, wouldn't she? If I am wrong, correct me. Is that her position?
Q And she wouldn't have taken that action of collecting the women of Munich to come and form a group, when Cardinal Faulhaber was preaching, without the orders of the Kreisleiter, would she? She wouldn't, would she? It must have been on the Kreisleiter's orders; is that not so?
THE PRESIDENT: Answer the question, please.
THE WITNESS: The event described to me is completely unknown to me and I cannot really imagine that a serious man in this case a Kreisleiter - should give an order which in its effect would turn against the Party.
30 July A LJG 17-6 BY SIR DAVID MAXWELL-FYFE:
Q What I am referring to, you see, is this: Here is a report of a responsible officer in the Wehrmacht. I think he is regimental commander, and it is counter-signed by his adjutant. He is saying that the Kreisleiterin who is the women's leader, has come to this paymaster's wife and got her to do it. What I am putting to you is; Assuming that Mr. Grueber and this regimental commander are correct - it must do for the moment - assuming they are correct, the Kreisleiterin wouldn't have acted without orders from the Kreisleiter, would she?
A. That is probable. In my case, such a Kreisleiter would have been sent away, dismissed.
THE PRESIDENT: Sir David, I think this document speaks for itself.
SIR DAVID MAXWELL-FYFE: If your Lordship please, I think so. My Lord, I am only going to give another example. I have to deal with just the points raised by Dr. Servatius and limitthe examples as much as I can.
THE PRESIDENT: Perhaps we better adjourn now.
(A recess was taken.)
THE PRESIDENT: Sir David, The Tribunal thinks, with refer-
30 July A LG 18-1 ence to any documents which you may have, perhaps it would save time if they aren't documents made by the witness who is in the box, if you would just put the documents in without the crossexamination.
SIR DAVID M. FYFE: I will do it. It will save time. I will welcome this. I will be glad to do as your Lordship suggest It suits my purpose.
DR. SERVATIUS: Mr. President, the introduction of now documents as evidence, is, in my opinion, inadmissible, for I have no opportunity to comment on them since I have finished with my evidence. My witness has been examined. I don't know how I can answer them.
THE PRESIDENT: I am sure Sir David will let the counsel for the defense to re-examine them at that time, he can reply on the document later.
SIR DAVID M. FYFE: There are copies available and will be given to Dr. Servatius right away. The last one I was going to refer to is Document D-901, which is a now document. That contains four reports by Obergruppers. I should have said 536.
THE PRESIDENT: You have a numer to that other document, did you, th other one you put in? Wasn't there another new document you put in, 1507-PS?
SIR DAVID MAXWELL FYFE: GB 535, my Lord.
THE PRESIDENT: Yes, very well.
SIR DAVID MAXWELL FYFE: My Lord, this document consists of four reports from Ortsgruppenleiter and the comments made upon them by the Kreislei My Lord, I shall only quote to the Tribunal the first sentence of the first tw reports, which will show what they are. 1939, ''Point 9 Ecclesiastical questions." I quote:
"As the caretaker of the communal building of the St. Martin's community, Blockleiter and party member Keil informs me that meetings of the Confessional Front are again taking place at the St. Martin's Institute, Mullerstrasse (Ortsgruppe Gutenberg), the public being excluded." being carried on behind closed doors and he mentions the Gestapo.
The second one refers to a statement by an ecclesiastic. That is from the Ortsgruppe Pfungstadt, 17 February, 1939.
"'Whoever leaves the church has different taxes imposed on him', so our already much discussed confessional pastor Strack said once again on the occasion of a mother's evening. This gentleman should really be rapped on the knuckles seriously for once." fourth deals with the continued existence of an Evangelical youth club. page -- I will just read one and two.
"The report of Ortsgruppenleiter Wimmer, St. Martin's parish. The SD, Gestapo and the competent Ortsgruppenleiter will be instructed by me.
"2. I shall request Ortsgruppenleiter Frick, who reports from Pfungstadt, to go to the Kreisleiter tomorrow and shall get him to name his witnesses. This will be notified to you and to the Gestapo (to the latter with a report of the case). The priest Strack is sufficiently well-known and ripe for the concentration camp or the Special Court. His reported statement before fellow Germans constitutes an infringement of the law against malice.
In any case, the chap must disappear from the territory of the Kreis or Gau." That is the essential point. My Lord, the first is 315-PS, which will become GB 537. My Lord, that is the minutes of a conference on the treatment of foreign labor, on the 12 March, 1941 deliberate and general change of policy and if your Lordship will look at the middle of the second paragraph, your Lordship will find the sentence:
"In this instance the hither to prevailing treatment..." -- new that is the point I want to emphasize -- "the hitherto prevailing treatment of the Eastern workers has led not only to a diminished production but has most disadvantageously influenced the political orientation of the people in the conquered Eastern territories and has resulted in the well-known difficulties of our troops. In order to facilitate military operations the morale has to be improved by a better treatment of the Eastern workers in the Reich." coming into the party channels, which is shown in the next document 205-PS. My Lord, that will become GB 538. It comes from the Party Chancellery and it says:
"The Reich Propaganda Ministry and the RSHA have together issued a memorandum, concerning the treatment of foreign laborers employed within the Reich.
"I request in the attached copy that the necessity for a firm but just treatment of the foreign workers be made clear to members of the party and the people." Ortsgruppenleiter. page 2, it begins:
"Everyone, even the primitive man, has a fine perception for justice.
Consequently, every unjust treatment has a very had effect. Injustices, insults, trickery, mistreatment, etc., must be discontinued. Punishment by beating is forbidden. The workers of foreign nationality are to be correspondingly informed concerning the severe measures for insubordinate and seditious elements." "discontinue" in that directive. shows that there is a definite change. my Lord, that is dated 28 March, 1944. It is a party order, issued in the Gau Baden-Alsace, issued from Strassburg on 28 March, 1944 and you will see it is headed "Gaustabsamtleiter" and is "Secret" and it deals with sexual intercourse between foreign workers and Germans. And, my Lord, it explains the course that is to be taken with the foreign worker and in the case of a child resulting from the intercourse and, your Lordship, on the top of the second page of the document, it says:
"The following principles exist with regard to sexual intercourse between German men and female foreign workers:
"Should the foreign female worker have been induced to sexual intercourse by the German man (for instance by taking advantage of a condition of dependency) she will be taken temporarily into protective custody and then sent to another place of work. In other cases, the foreign female worker will be sent to a concentration camp only after delivery of the child and the period of nursing. The treatment of the German man concerned is also the subject of special directives. If he has seriously violated his supervisory or educational duties, female foreign workers will be taken away from him and no more sent to him in the future. Further measures, depending on the circumstance of the case, will be taken by the State Police." Lithuania, former Soviet territory and from Serbia. Lordship will see at the end of the first paragraph that the heading is: