They are English translations of German documents in some cases German versions. I shall ask that they be handed up and we will hand one copy at the moment to counsel for the defendants. It has been physically impossible to prepare twenty one sets of them. If possible we shall try to furnish further copies to the defendants.
DR. DIX: I would be very much obliged in order that there should be no misunderstanding. We have arranged that tomorrow-
THE PRESIDENT: Speak a little bit slower.
DR. DIX: We have arranged that tomorrow we will discuss with the authorities in what way in the future the whole of the evidence may be made available to all the Defense Counsels. It is, of course, necessary that no one has the advantage over the other. For this reason, I should like to acknowledge the good will on the part of the prosecution in this difficult situation. be unfair advantage over the others. I am not in a position during this procedure to give my colleagues the evidence. For this reason, I hope you will understand if I do not accept this document. I am convinced that tomorrow we shall agree how in a perfect manner we can receive the evidence, and we shall try to continue today in the former manner.
THE PRSIDENT: Can you inform the Tribunal how many copies of these documents you will be able to furnish the Tribunal by Monday?
MR ALDERMAN: I cannot at the moment. If your Honor please, may I make this suggestion in connection with it, which I think may be of help to all concerned? I think many of us have underestimated the contribution of this interpreting system to this trial. We all see how it has speeded the proceeding, but in so far as my presentation of German documents is concerned. I shall let the documents speak.
I expect to read the pertinent parts of the documents into the system so that they will go into the transcript of the record. Counsel for the German Defendants will get their transcript in German; however, our French and Russian Allies will get their transcript in their language, and it seems to me that that is the most helpful way to overcome this language barrier. I can recognize that for Dr. Dix to receive a volume of documents which are English translation of German documents might not seem very helful to him. Further, as an aid, we will have an original German document in Court, one copy, and if the Court will allow, I would ask that the original German document, from which I shall read, be passed tothe German interpreter under translation back into perhaps a bad German, he will have the original document before him and in that way, the exact German text will be deliverered in the daily transcript to all of the Counsel forthe Defendants. I hope that maybe a helpful suggestion.
THE PRESIDENT: That, to some extent depends, does it not, upon how much of the document,you omit?
MR ALDERMAN: That is quite true, Sir, as to these ten documents with which I propose to deal immediately. I expect to read into the transcript practically the whole of the document, because, the whole of them is significant, much more significant than I could say. Also all of these ten documents were listed in the list of documents which er furnished Counsel for the Defendants, I believe, the 1st of November.
THE PRESIDENT: You say that was in the list. Are the documents very long?
MR ALDERMAN: Some of them are very long and some of them are very short; you can't generalize. Whenever it is a speech of Adolf Hitler you can count it is fairly long.
THE PRESIDENT: Can you not by Monday have in the hands of every member ofthe Defense Counsel copies of these ten documents. It is suggested to me that the photostating could be done quite easily. MR ALDERMAN: I understand both our photostatic facilities and our mimeographing facilities are right up to the hilt with work. It is a very difficult mechanical problem.
COLONEL STOREY: If the Tribunal please, in further explanation, the documents which Mr Alderman intends to offer were on the Defendant's list filed in the Document Center on the 1st day of November, 1945. Lt Barrick had twenty-three, each one photostated as far as he could on that list. Six copies went into the Defendants Information Center, Now, we can't say at this time whether six copies, that is, photostatic copies of each one have been furnished to the Defendants, but whenever they wanted copies of any particular one, either the original was exhibited to them or photostatic copies were made. unsurmountable, to make twenty-three photostatic copies which are required of every document.
THE PRESIDENT: If I may interrupt you, I imagine the list which was deposited on the 1st of November, did'nt contain only these ten documents but contained a great number of other documents.
COLONEL STOREY: That is correct, Sir.
THE PRESIDENT: So that the Defendant's counsel would'nt know which out of that list of documents were going to be relied upon.
COLONEL STOREY: Except, Sir, they were notified that the prosecution would use all or some of those documents and if the copies were not furnished upon request, they had been made and delivered to them. furnish ten sets of all of these to Defendant's Counsel and there will be one complete set. One complete set was delivered to Defendants Counsel here now as a convenience to follow. The other sets I feel certain will be in their hands sometime Sunday, but one complete list we now turn over to them--not a list, complete copy, Sir.
DR SIEMERS: I beg the pardon of the Court for being rather hoarse. I should like to point out one fact. The prosection had declared this morning that those documents that will be put before us today are contained in the list which on the 1st of November was made available to us, or was in the list which was made available to us this morning. This morning a list was made available to us in room fifty-five. I have it in my hand This morning nine documents were named.
Of these documents only one, contrary to what the prosecution said, was present; the other eight or nine documents were neither in the old list, nor in the new list. The eight documents are, as I ascertained at lunch-time today, not in the document room, not available in photostatic copies, so they could not be made available to us. I think, your Honors, that it will not be possible for us to work on this basis.
I therefore request that, first of all, we may wait until we have had our discussion tomorrow with the prosecution, which they have kindly offered to us and see how this -
THE PRESIDENT: The Tribunal proposes to adjourn now and to give Defense Counsel the opportunity of meeting Counsel for the Prosecution tomorrow morning. Both Counsel for the prosecution and Defense Counsel appear to be perfectly ready to make every possible effort to deal with the case in a most reasonable way, and at that meeting you will be able to discuss these documents which you say have been omitted and Counsel for the prosecution will try to satisfy you with reference to the other documents.
Dr. SIEMERS: I have one more request. It has just been said by the prosecution that it will hardly be possible to make twenty-three photostatic copies. I believe, your Honors, if this is a case of such very important documents, as the prosecution said today, it is a contiguous sine qua non that every Defense Counsel and every accused should have a photostatic copy of these documents. that in a few hours with the excellent apparatus that the prosecution has here. In my opinion, it ought to be an easy matter to produce twenty or forty copies of ten documents in forty-eight hours.
THE PRESIDENT: Well, you will meet the Counsel for the prosecution tomorrow and attempt to come to some satisfactory arrangement with them then; and now the Tribunal will adjourn.
(Whereupon, at 1645 hours the hearing of the Tribunal 1000 hours.)
Military Tribunal, in the matter of: The Dr. SAUTER:
(Defense Counsel): May it please the Court, I should like to make an application. I am Dr. Sauter and defend the accused von Ribbentrop. Dated the 30th of October, the accused, von Ribbentrop, requests that his former secretary, Margerita Blank, who at the time was in the prison at Nurnberg, might be made available to him in order that he might make his answer to the indictment and make a complete survey of the way he carried out the duties of his office during the last seven or eight years. He wished to dictate them. The accused, von Ribbentrop, thereupon, for a few hours was able to dictate, but this was stopped for reasons, which are unknown to the accused, von Ribbentrop. Ribbentrop has also not received back the notes, which he dictated to his secretary, neither in shorthand nor in typed script; nor has he been able since then to dictate to Fraulein Blank. Ribbentrop then repeated his request on the 15th of November, but Miss Blank has not since then been made available. The accused, von Ribbentrop, therefore, makes the application to the Court that the President be good enough to decree that his former secretary, Margerita Blank, be made available again in order that he might dictate to her an he considers necessary. Such permission seems to be necessary for the orderly preparation of Ribbentrop's defense before his hearing and for the hearing of the defense witnesses. be treated is so voluminous that no other way of treating it seems possible to us. The accused, von Ribbentrop, has a further request to make.
He has often asked that some of his former colleagues, in particular, Ambassador Gaus, the Ambassador van Rintelen, Minister von Sonnleitner, Professor Fritz Berber, and the Under Secretary of State Henke might be brought to Nurnberg as witnesses, and that he may be permitted, in the presence of his counsel, to speak to these witnesses. This request has been refused in part by the Court on the 10th of November; for the rest it has not been decided. the question of the whole of foreign policy for the last seven or eight years, to give a clear and exhaustive account of the foreign policy of the last seven or eight years, if nothing is made available to him except a pencil and paper. The White Books of the Foreign Office, for which he has asked, have not been given to him. Von Ribbentrop, considering the voluminous character of the material, which the foreign policy of Germany entailed during the last seven or eight years, cannot possibly remember every single date of the events and the documents, ct cetera, simply without any outside aid. If his memory-by means of a discussion with his former colleagues -- could be supported by this, then without this he would find it impossible. taking a great many sleeping drops, in particular bromides, and for this reason his memory has suffered considerably. For the investigation of the historical truth in a field, which not only interests the Court, but also the whole of the world, very little would be gained if von Ribbentrop in the course of his hearing would have to declare over and over again he could not remember a great number of details. named colleagues may be brought here and that Ribbentrop receive permission, in order to prepare for the rest of the trial, to discuss the material with them.
THE PRESIDENT: The Tribunal has already intimated to Defendants' Counsel, that all applications should, as far as practicable, be made in writing and they consider that the applications, which have now been made orally, should have been made in writing.
They will consider the facts with reference to the application in respect to the Defendant Ribbentrop's secretary. The other applications, as to witnesses and documents, which have been made in writing, have been considered or will be considered by the Tribunal.
DR. SAUTER: Mr. President, allow me to make the observation that the applications which I have made today, have often been lodged with the Court in writing, but my client is very anxious lest he should have difficulties in preparing his own hearing.
THE PRESIDENT: As was announced at the sitting on Friday, Counsel for the Prosecution, were to try and arrange with Defendants' Counsel some satisfactory arrangement with reference to the production of documents in the German language. In accordance with that announcement, Counsel for the Prosecution saw Counsel for the Defense, and representatives of the Prosecution and the Defense, appeared before the Tribunal and the Tribunal has provisionally made the following arrangement: First, that in the future, only such parts of documents as are read in Court by the Prosecution, shall in the first instance be part of the record. In that way, those parts of the documents will be conveyed to Defendants' Counsel through the earphones in German. Second, in order that Defendants and their Counsel may have an opportunity to inspecting such documents in their entirety in German, a photostatic copy of the original and one copy thereof shall be deposited in the Defendants' Counsel room at the same time that they are produced in court. Three, the Defendants' Counsel may at any time refer to any other part of such documents. Four, Prosecuting Counsel will furnish Defendants' Counsel with ten copies of their trial briefs in English and five copies of their books of documents in English at the time such briefs and books are furnished to the Tribunal. Five, Defendants' Counsel will be furnished with one copy each of the transcript of the proceedings. That is all.
THE PRESIDENT: I call upon the prosecuting counsel for the United States.
MR. ALDERMAN: May it please the Tribunal, may I make, Mr. President, one inquiry with reference to your reference to trial briefs. Court trial briefs. Whatever I have in the nature of trial briefs will be put over the microphone. I wonder if that is satisfactory.
THE PRESIDENT: I think what I said meets that case.
MR. ALDERMAN: I thought so, yes.
THE PRESIDENT: Because what I said was that the defendants' counsel would be furnished with ten copies of the trial briefs in English at the same time that they are furnished to the Tribunal. Therefore, if you don't furnish the trial briefs to the Tribunal none will be furnished to the Defendants' counsel.
MR. ALDERMAN: Yes. introductory statement preliminary to the presentation of evidence on the aggressive war aspect of the case. In that introductory statement I had invited attention to the parts of the Charter and to the parts of the Indictment which are pertinent to this aspect of the case. I had also discussed the relationship between recorded history and the evidence to be presented, indicating what sort of additions to recorded history would be made by the evidence contained in the captured documents. presenting singly a handful of captured documents, which, in our opinion, prove the corpus of the crime of aggressive war, leaving no reasonable doubt concerning the aggressive character of the Nazi war, or concerning the conspiratory premeditation of that war. I indicated to the Tribunal that after proving the corpus of the crime in this way I would follow the presentation of this evidence with a more or less chronological presentation of the case on aggressive war, producing evidence in greater detail of the relevant activities of the conspirators from 1933 to 1941.
make plans about presentation than to keep them. There have been, by necessity, some changes in our plans. I indicated on Friday that to a certain extent the American case under Count 1 and the British case under Count 2 would interlock. The British Chief Prosecutor, Sir Sidney Shallcross, is by force of circumstances required to be in London this week. He expects to be back next week. The intention now is that he will make his opening statement covering Count 2 of the Indictment, and such interrelated parts of Count 1 of the Indictment as have not by then been presented, when he returns on Monday. Court's views, is that I shall continue as far as I may within two days of this week on the detailed story as to aggressive war; that thereupon we shall alter the presentation and present some other matters coming under Count 1. Then, following the British Chief Prosecutor's opening on Monday of next week, we shall continue jointly with the Chapters on Poland, Russia, Japan, as parts of both Counts 1 and Counts 2. While that may not be strictly logical it seems to us the best method to proceed under the circumstances. by an orderly, planned sequence of preparation for war. This is the period covered by Paragraphs 1 and 2 of IV(f) of the Indictment. This may be found at Page 7 of the printed English text of the Indictment. execution of the plan to rearm and to re-occupy and fortify the Rhineland in violation of the Treaty of Versailles and other treaties in order to acquire military strength and political bargaining power to be used against other nations.
Hitler's own eloquence in a secret speech delivered to all supreme commanders on 23 November 1939, at 1200 hours, is sufficient to characterize this phase of the Nazi conspiracy. This document comes to hand as a captured document found in the OKW files -- OKW is Ober Kommand of the Wehrmacht, the High Command of the Army, Chief of the High Command of the Armed Forces -- and was captured at Flensbeerg. The document is numbered 789-PS in our numbered series of documents. original of this document in the condition in which it was captured, and I wish to offer the document in evidence and have it given the proper serial number as the United States Prosecutors exhibit. The serial number, I understand, is United States Exhibit 23. I would ask that the German text of the orignal be handed to the interpreters, the German interpreters. by the presiding justice,although I have offered the entire document, it is a very long speech, and I shall not read into the record the entire speech. Of course the presiding judge said defense counsel may insert any other parts of it as they wish. more than half of the first page in the English text. I am advised that the German original is marked with a blue pencil at the point where I shall stop reading. I will read the English translation:
"November 23, 1939, 1200 hours. Conference with the Fuehrer, to which all Supreme Commanders are ordered. The Fuehrer gives the following speech:
"The purpose of this conference is to give you an idea of the world of my thoughts, which takes charge of me, in the face of future events, and to tell you my decisions. The building up of our armed forces was only possible in connection with the ideological" -- the German word is "weltanschaulich" -- "education of the German people by the Party." German word, weltanschaulich. I take it that ideological is about as close a translation as we can get, but the word means more than that. It means a whole attitude towards the world, the way of looking on the world.
"When I started my political task" -- I am quoting again --" in 1919, my strong belief in final success was based on a thorough observation of the events of the day and the study of the reasons for their occurrence. Therefore, I never lost my belief in the midst of setbacks which were not spared me during my period of struggle. Providence has had the last word and brought me success. On top of that, I had a clear recognition of the probable course of historical events, and the firm will to make brutel decisions. The first decision was in 1919 when I after long internal conflict become a politician and took up the struggle against my enemies. That was the hardest of all decisions. I had, however, the firm belief that I would arrive at my goal. First of all, I desired a new system, of selection. I wanted to educate a minority which would take over the leadership. After 15 years I arrived at my goal, after strenuous struggles and many setbacks. When I came to power in 1953, a period of the most difficult struggle lay behind me. Everything existing before that had collapsed. I had to reorganize everything beginning with the mass of the people and extending it to the armed forces. First reorganization of the interior, abolishment of appearances of decay and defeatist ideas, education to heroism.
While reorganizing the interior, I undertook the second task: to release Germany from its international ties. Two particular characteristics are to be pointed out: secession from the League of Nations and denunciation of the disarmament conference. It was a hard decision. The number of prohets who predicted that it would lead to the occupation of the Rhineland was large, the number of believers was very small. I was supported by the nation, which stood firmly behind me, when I carried out my intentions.
After that the order for rearmament. Here again there were numerous prophets who predicted misfortunes, and only a few believers. In 1935 the introduction of cumpulsory armed servive. After that militarization of the Rhineland, again a process believed to be impossible at that time. The number of people who put trust in me was very small. Then beginning of the fortification of the whole country especially in the west.
"One year later, Austria came" -- I suppose he meant Austria went -"this step also was considered doubtful. It brought about a considerable reinforcement of the Reich. The next step was Bohemia, Moravia and Poland. This step also was mot possible to accomplish in one campaign. First of all, the western fortification had to be finished. It was not possible to reach the goal in one effort. It was clear to me from the first moment that I could not be satisfied with the Sudeten - German territory. That was only partial solution. The decision to march into Bohemia was made. Then followed the erection of the Protectorate, and with that basis for the action against Poland was laid, but I wasn't quite clear at that time whether I should start first against the east and then in the west, or vice - versa". of Adolf Hitler's speeches. In one sentence he combines guidance by providence with the making of brutal decisions. He constantly speaks of how very few people were with him, and yet the mass of the German people were with him. But he does give a brief summary of the gist of what is contained in the allegations of our Indictment, to which I have invited your attention: The organization of the mass of the people, then extending to the armed forces, and the various brutal decisions that he did make about which history knows.
That long document contains other material of great interest. It may be that we shall advert to other portaions of it later. At this point, however, I have simply asked the Court to focus attention to the matter I have just read and its bearing on the development of the conspiracy during the period 1933 to 1936.
ations for war in which the Nazi conspirators were engaged during this period. I refer to a top secret letter dated 24 June 1935, from General von Brauchitsch to the Supreme Commanders of the Army, Navy, and Air Forces. Attached to that letter is a copy of a secret Reich's Defense law of 21 may 1935, and a copy of a decision of the Reichcabinet of 21 May 1935 on the council for the defense of the Reich.
These documents were captured in the OKW files at Fechenheim. This group of documents is numbered 2261 -PS in our numbered series of documents. It seems to us one of the most significant evidences of secret and direct preparations for aggressive war.
I gave expression to a typographical error. That was General von Blomberg instead of Brauchitsch.
I have the original of these documents. I ask that they be admitted into evidence as Exhibit, USA, 24. signed "von Blomberg, Berlin, 24 June 1935,"Top Secret" headed "The Reichs Minister of War and Supreme Commander of the Armed Forces, No. 1820/35 Top Secret L II a."
"To : The Supreme Commander of the Army "In the appendix I trans mit one copy each of the law for the defense of the Reich of the 21 May 1935, and of a decision of the Reich Cabinet of 21 May 1935 concerning the Reich's defense council.
The publication of the Reich's defense law is temporarily suspended by order of the Fuehrer and Reich chancellor.
"The Fuehrer and the Reichschancellor has nominated the President of the directorate of the Reichsbank, Dr. Schacht to be 'plenipotentiary general for war economy."
"I request that the copies of the Reich's defense law needed within the units of the armed forces be ordered before 1 July 1935 at armed forces office (L) where it is to be established with the request that the law should only be distributed down to Corps Headquarters outside of the Reichministry of war.
"I point out the necessity of strictest secrecy once more."
That is signed by "von Blomberg." Underneath that is an indorsement "Berlin, 3 September 1935; No. 1820/35 L Top Secret II a. To DefenseEconomic Group G-3, copy transmitted (signed) Jodl." to as the Reich's defense law of 21 May 1935, or: rather it was enacted by the Reichscabinet, and it starts with the statement:
" The Reichs Cabinet has enacted the following law that is hereby made public." defense, mobilization, appointment of this plenipotiary-general for war eceonomy, with plenipotentiary authority for the economic preparation of the war, and a Part III providing for setting of penalties.
The law is signed "The Fuehrer and Reichschancellor, Adolf Hitler; the Reichsminister of war, von Blomberg; The Reichsminister of the Interior, Flick," one of the defendants. At the bottom of it there is this note. That is on Sheet 4 of the original German, I think:
"Note on the law for the defense of the Reich of 21 May 1935.
"The publication of the law for the defense of the Reich of 21 May 1935 will be suspended. The law became effective 21 May 1935.
"The Fuehrer and Reichschancellor, Adolf Hitler."
*---* Nov-M-4 public, the publication was suspended by Adolf Hitler; although the law became effective immediately. cabinet of 21 May 1935 on the Council for the Defense of the Realm which deals largely with organization for economic preparation for the war and which I think was discussed by my colleague, Mr. Dodd, last week. stone of war preparations of the Nazi conspirators. The relationship of the defendant Schacht to this preparation is made transparently clear by this captured document. spiracy, 1933 to 1936. lation and execution of plans to attack Austria and Czechoslovakia, in that order. This is the phase of the aggression covered by paragraphs 3(a), (b), and (c) of section IV(F) of the Indictment, appearing at pages seven to eight of the printed English text of the Indictment. ments which have come to hand is a document which we have come to know as the Hoszbach notes of a conference in the Reichs Chancellery on 5 November 1937 from 1615 to 2030 hours, in the course of which Hitler outlined to those present the possibilities and necessities of expanding their foreign policy, and requested, I quote, "That his statements be looked upon in the case of his death as his last will and testament." And so with this document we shall present to the Tribunal and to the public the last will and testament of Adolph Hitler as he contemplated that last will and testament on 5 November 1937. The document comes to hand through the United States Department of State, and it is authenticated by the seal of the Secretary of State of the United States (indicating). It is numbered Document No. 386-PS in our numbered series of documents. I offer it in evidence as U. S. Exhibit No. 25.
minutes of this meeting, then Colonel Hoszbach, was the Fuehrer's adjutant. I note also the presence in this conspiratorial meeting of the defendant Erich Raeder. The defendant Constantin von Neurath was present. The defendant Hermann Wilhelm Goering was present. The minutes of this meeting reveal a crystallization towards the end of 1937 in the policy of the Nazi regime. Austria and Czechoslovakia were to be acquired by force. They would provide lebensraum (living room) and improve Germany's military position for further operations. While it is true that actual events unfolded themselves in a somewhat different manner than that outlined at this meeting, in essence the purposes stated at the meeting were carried out. The document destroys any possible doubt concerning the Nazis' premeditation of their crimes against peace. This document is of such tremendous importance that I feel obliged to read, it in full into the record.
"Berlin, 10 November 1937. Notes on the conference in the Reichskanzlei on 5 November 1937 from 1615 to 2030 hours.
"Present: The Fuehrer and Reich Chancellor;
"The Reichsminister for War, Generalfeldmarschall v. Blomberg;
"The C-in-C Army, Generaloberst Freiherr v. Fritsch;
"The C-in-C Navy, Generaladmiral Dr. h.c. Raeder;
"The C-in-C Luftwaffe, Generaloberst Goering;
"The Reichsminister for Foreign Affairs Freiherr v. Neutath;
"Oberst Hoszbach (the adjutant who took the minutes).
"The Fuehrer stated initially that the subject matter of today's conference was of such high importance, that its detailed discussion would certainly in other states take place before the Cabinet in full session. However, he, the Fuehrer, had decided not to discuss this matter in the larger circle of the Reich Cabinet, because of its importance. His subsequent statements were the result of detailed deliberations and of the experiences of his four and a half years in government; he desired to explain to those present his fundamental ideas on the possibilities and necessities of expanding our foreign policy and in the interests of a far-signted policy he requested that his statements be looked upon in the case of his death as his last will and testament."
The Fuehrer then stated: "The aim of German policy is the security and the preservation of the nation and its propagation. This is consequently a problem of space. The German nation comprises eightyfive million people, which, because of the number of individuals and the compactness of habitation, form a homogeneous European racial body, the like of which can not be found in any ether country. On the other hand it justifies the demand for larger living space more than for any other nation. If there have been no political consequences to meet the demands of this racial body for living space then that is the result of historical development spread ever several centuries and should this political condition continue to exist, it will represent the greatest danger to the preservation of the German nation (the German word used there is not "nation"; it is "Volkstum") at its present high level.
An arrest of the deterioration of the German element in Austria and in Czechoslovakia is just as little possible as the preservation of the present state in Germany itself." the German because to me the sentence seems meaningless.
"Instead of growth, sterility will be introduced, and as a consequence, tensions of a social nature will appear after a number of years, because political and philosophical ideas are of a permanent nature only as long as they are able to produce the basis for the realization of the actual claim of existence of a nation. The German future is therefore dependent exclusively on the solution of the need for living space. Such a solution can be sought naturally only for a limited period, about one to three generations.
"Before touching upon the question of solving the need for living space, it must be decided whether a solution of the German position with a good future can be attained, either by way of an autarchy or by way of an increased share in universal commerce and industry.
"Autarchy: Execution will be possible only with strict NationalSocialist State policy, which is the basis; (that is the basis of autarchy) assuming this can be achieved the results are as follows:
"A. In the sphere of raw materials, only limited, but not total autarchy can be attained:
"1. Wherever coal can be used for the extraction of raw materials autarchy is feasible.
"2. In the case of ores the position is much more difficult. Requirements in iron and light metals can be cored by ourselves. Copper and tin, however, can not.
"3. Cellular materials can be covered by ourselves as long as sufficient wood supplies exist. A permanent solution is not possible.
"4. Edible fats -- possible.