The original document reads as I just explained.
JUDGE BRAND: Would you read that once more?
MR. WOOLEYHAN: Certainly, sir. "Pencilled Note: 'Before dispatching the above, send to the State Secretary with the request to take notice of the contents", and to the right of that notation are found the initials of the defendant Klemm.
The initial just above that which is found on page 6, namely, you find the parentheses initialed also, and under that an "M". We have been unable to decipher that "M".
The Prosecution offers as Exhibit 455 Document NG 304.
The next document in this book, beginning on page 7 of the English, page 8 of the German, is NG 326. This is a copy of a circular originally classified as "Secret", but with the classification scratched out by handwriting and several authenticating initials placed in the margin. It also bears the statement, "Annulled 28 August", plus an initial. However, it does appear from the dates that this circular was in effect from 12 June 1937 until 28 August 1937. It was issued by the Chief of the security Police in Berlin, who was, as the signature indicates, Reinhard Heydrich, who, if I may interpolate, was the same man who later became the Reich Protector of Bohemia and Moravia in Czechoslovakia.
Heydrich here orders certain protective custody measures with regard to Jewish race defilers. As we have seen from cases already in evidence, namely, the Katzenberger Case and others, "race defilement" moans the intercourse of a physical nature between a Jew and a racial German. Heydrich appears to be alarmed from statistics to the effect that such race defilement is on the increase.
JUDGE BLAIR: Just a minute, Mr. Prosecutor. My book does not have these documents in it. They are left out of my book. I wonder if we might be furnished one that has it.
MR. WOOLEYHAN: Does the Secretary have an extra copy?
THE SECRETARY: I don't have an extra copy. I have one. This might have the document in.
MR. WOOLEYHAN: It is a single page document on page 7 of Book 5, Supplement.
Do you have it now, Your Honor?
Court No. III, Case No. 3.
THE PRESIDENT: Yes.
MR. WOOLEYHAN: Having evinced some alarm about the statistical evidence of an increase of this so-called "racial defilement", Heydrich directs all his State police offices to make a short report concerning every prison inmate one month prior to his discharge from prison to sec whether or not protective custody will be necessary after the sentence inflicted by law has been served.
Prosecution offers as Exhibit 456 Document No. NG-326.
THE PRESIDENT: The document will be admitted in evidence.
We see an initial on the upper right-hand of that document: "Ku".
MR. WOOLEYHAN: Yes, Your Honor.
THE PRESIDENT: What name is that initial?
MR. WOOLEYHAN: "Ku" obviously refers to some official in the Security Police in Heydrich's organization. The connection between this document and the present case does not appear from any initials on this document, but rather appears from the fact that Heydrich hero orders reports to be made on prison inmates concerning their fate after they are scheduled for release from prison.
I have here an extra copy of Book V supplement, if it is needed. On page 8 of the English book, which is page 9 of the German, is found NG-666. This single-page document is a directive bearing the letterhead of the Reich Minister of Justice, Berlin, 28 December 1944; is sent to the Chief Public Prosecutors which, we presume to mean, the Chief Public Prosecutors throughout the Reich, for their information-or rather, let me correct that. It is sent to the Chief Public Prosecutors throughout the Reich for their action, and for the information of the presidents of the various courts--Supreme Courts--and it concerns charges and actions by Public Prosecutors concerning the contesting or denial of the legitimacy of Jewish children. The directive is signed "By order of the defendant Altstoetter", and in this directive Altstoetter directs the Chief Public Prosecutors throughout the Reich that he, Altstoetter, reserves the right to approve the filing of all such Court No. III, Case No. 3.charges or actions involving the legitimacy of Jewish children.
He requests that notice before the charge is filed-
THE PRESIDENT: Where do you see Altstoetter's connection with this in the document?
MR. WOOLEYHAN : The directive was published by order of the defendant Altstoetter.
THE PRESIDENT: Oh, I see.
DR. GRUBE (For the Defendant Lautz): May it please the Court, I want to ask for a correction of the transcript. We were told by the sound system that this letter contained an order to the Oberreichsanwelte (the Chief Public Prosecutors). The document itself merely contains an order to the General Public Prosecutors (Generalstaatsanwalt). Moreover, it was sent for information to the Chief Public Prosecutor at the Reich Supreme Court--but not at the People's Court.
MR. WOOLEYHAN: May it please the Court. I can answer Dr. Grube. It is not the Oberreichsanwelte that the translation refers to, but just what it says: General Public Prosecutors (Generalstaatsanwalt).
THE PRESIDENT: What is the year that that document is dated?
MR. WOOLEYHAN: 1944, Your Honor.
DR. ALTSTOETTER (For the defendant Altstoetter, assistant to Dr. Orth):
The representative of the Prosecution is explaining this document has just stated that Altstoetter reserved the right to make a decision himself in every case before a charge is filed. In order to prevent an erroneous interpretation of the document--I only want to point out that Altstoetter expressly signed by order of the Reich Minister of Justice.
MR. WOOLEYHAN: If I remember correctly, Your Honors, I read "By order." The document is translated as reading "by order."
THE PRESIDENT: That is what the English translation reads anyhow.
MR. WOOLEYHAN: It doesn't read by order of anybody but Alts Court No. III, Case No. 3.toetter.
I am looking at the original document.
Prosecution offers as Exhibit 457, Document NG 666.
THE PRESIDENT: The document will be admitted in evidence.
MR. KING: In connection with the introduction of document NG606, as Exhibit 450, a few moments ago we stated that the first six pages had previously been introduced with another document. I agreed at that time to supply the information to the Court as to what document number it was, and what exhibit number. It was document number NG-213, Exhibit number 286, and that was introduced on the 18th of April.
MR. WOOLEYHAN: On page 9 of the English book, which is page 10 of the German, is found NG-769. This is a one-page memorandum to the files bearing several authenticating remarks; handwritten at the top of the page in pencil was written "Remarks" parenthesis "Death sentences". From this memorandum to the files dated 31 January 1942, which, we would like to point out, was after the death of the Minister of Justice Dr. Guertner, and during the time that the defendant Schlegelberger was acting minister, it appears that Dr. Schlegelberger was presented with the request to decide upon the execution of three defendants named Lesewiki, Stelmasinski, and Nowak. These three defendants are not identified on the face of the document, but the Prosecution, risking a modicum of argument, contends that the three names definitely appear to be Polish. However, that is argumentative. The decision of the UnderSecretary, Dr. Schlegelberger, was that of execution, that the three defendants should be executed and were, and that this decision could be communicated by telephone. Further information on the defendants is interesting but doesn't designate their nationality with certainty. Without further remarks, the Prosecution offers that document as Exhibit 458.
THE PRESIDENT: The document may be admitted in evidence.
MR. WOOLEYHAN: On Page 10 of the English book, which is page 11 of the German, is found NG-880. This is a rather bulky collection of drafts of proposed governmental decrees. Three such drafts of proposed decrees are contained in this document as enclosures (A), (B), and (C), and are so labeled between pages 13 and 25. These three proposed drafts were enclosed together with a covering letter and sent from the Reich Minister of Justice to the Reich Minister of the Interior and also to Hitler's deputy in the Party Chancellery on the third of February 1940 in Berlin. The covering letter was written and signed by the defendant Schlegelberger personally. In this covering letter, the defendant Schlegelberger indicates that he has drafted the enclosed three proposed directives and describes then generally in his covering letter indicating a clear knowledge of the contents of the three enclosed drafts.
The third draft, namely draft (C) is the most interesting, for purposes of the prosecution, in that draft (C) envisages the extension of German criminal law and German criminal procedure to the Annexed Eastern Territories, and from various parts of the documents as a whole there appears that those Annexed Eastern Territories mean the usual, namely, Poland, Ukraine, etc.
In his covering letter, the defendant Schlegelberger makes certain remarks which we wish to refer to briefly. On page 11, which is page 13 of the German, with reference to this third draft, draft (C), Schlegelberger states that: "The modification in his draft of the regulation of the Special Court of a previous date would, if adopted, now entitle the Special Courts in the Eastern Territories to temporarily assume the character of courts martial to a still greater extent."
Further on that page, ho further states that: "In addition there is a necessity to carry out anew legally closed Polish criminal proceedings in cases which have to be given special consideration."
At the bottom of the page, he states that: "Actual German criminal law is also declared applicable by his draft to those crimes which were committed before the taking effect of the decree in these Annexed Eastern Territories.
On page 12, he concludes with the remark that: "In consideration of the fact that the introduction of German law in Annexed Eastern Territories is imperative for reasons of legal security, he requests that the affair, namely the adoption of his drafts, be expedited."
Signed: Dr. Schlegelberger.
On the ensuing pages, namely from pages 13 to 25 of the English Book, which is pages 14 through 27 of the German, these three drafts are set forth in their entirety. On pages 19 and 20, we refer in passing to the fact that this draft (C) on criminal law envisages putting into effect in Poland and the Ukraine and various other eastern countries, most, if not all, of those pieces of Nazi legislation to be found in Document Book II. All three of these drafts, as it appears from page 25 of the English Book, which is page 27 of the German, were submitted to the Minister of the Interior and presumably to members of the various Chancelleries because the initials of Lammers in the Reich Chancellery appears, dated the 16th of February, and the initial of the defendant Klemm appears, dated the 14th of February 1940, at which time it is presumed the defendant Klemm was in the Party Chancellery, one of the addressees of this whole correspondence.
The prosecution offers as Exhibit 459, Document NG-880.
THE PRESIDENT: Where do you say the initial of Klemm appears in this document?
MR. WOOLEYHAN: It appears at the bottom of page 25, Your Honor, opposite endorsement No. 3.
DR. KUBOSCHOK: I do not raise an objection to the document. However, I wish to point out a statement made by the Prosecutor. He mentioned "Annexed Eastern Territories" -- that they also include the Ukraine. In regard to this, I would like to remark that "Annexed Eastern Territories" was a technical term which included merely a small part of the territories of the former Republic of Poland and these were territories which had belonged to the German Reich before 1918. These territories had a special legal status because for the most part different laws prevailed in those districts than in the rest of the Republic of Poland, the so-called "Congress Poland." In these Annexed Eastern Territories: Posen, Upper Silesia, the former German laws were still applied for the most part and the former Austrian-Hungarian laws.
I only wanted to point this out so the impression docs not arise that the Annexed Eastern Territories are identical with the Occupied Eastern Territories that were occupied by the German troops.
MR. WOOLEYHAN: We are satisfied with calling the Occupied Eastern Territories any territory not part of the Reich before the first of September 1939.
THE PRESIDENT: It nay not be important, but I have always had the notion that Bohemia and Moravia were called Annexed Eastern Territories, although I don't claim to be very well versed on that.
MR. WOOLEYHAN: In any event, Your Honor, it's a matter of proof.
DR. SCHILF: May it please the Court, in regard to this document, the gentleman of the Prosecution stated that on the last page, that is page 25 of the English Document Book, that the initial of Klemm appeared on that page. The defendant Klemm denies that these initials that appear there arc his own. Actually, it is not possible that Klemm could have signed this document. The initials also are accompanied by a date, and that is 14 February, and that as the proceeding page shows, 14 of February 1940 - on this day Klemm was not in the Party Chancellery. He did not hold an office at all, but he was a soldier. As far as we can decipher these initials, they are the ones of Kritzinger. Kritzinger was an Unterstaatssecretaer Assistant Under Secretary - in the Reich Chancellery under Lammers. In any case, this initial can not be brought into connection with Klemm. A comparison with the collection of pieces written by the defendants and of their initials also shows this very clearly. This initial here is "Kr" and not "Kl' as Klemm's initials were "Kle". I therefore ask the prosecution to examine their statement again. An expert on handwriting has to be heard if this is to be maintained.
MR. WOOLEYHAN: May Your Honors please, without saying immediately what we would prefer to do, we would like merely to get this matter straight as far as procedure is concerned. Now, I offered this document in evidence, reading from a certified translation; the initial Klemm appears on the certified translation. Now, so far as the Prosecution is concerned, that absolves us of the burden of further proof, and if the Defense denies that the translation is as it is stated here, it's their job to prove otherwise.
However, with regard to this particular document as to the defendant Klemm, we will withdraw it and have it looked at again by one of our analysts as to the defendant Klemm, but we do not want by that action, to assume a burden of proof regarding signatures on certified translations which is not ours.
THE PRESIDENT: Each case can be decided as it comes up. For the moment we will withdraw any attempt to connect Klemm with this document. On that basis it nay be admitted.
MR. WOOLEYHAN: All right, Your Honor. We will do that with the understanding that we can re-offer it to the defendant Klemm.
As to the defendant Schlegelberger only, at this time we offer this document as Exhibit 459.
THE PRESIDENT: The document will be admitted in evidence.
MR. WOOLEYHAN: On page 27 -- or rather my book isn't numbered on that document -- so after page 26 is found NG-891, which is page 29 in the German book.
THE PRESIDENT: That doesn't happen to be in my book at all.
MR. WOOLEYHAN: Document NG-891 immediately follows NG-880.
THE PRESIDENT: The pages are all blank immediately following that.
MR. WOOLEYHAN: But the document is in your book, Your Honor, is it not?
THE PRESIDENT: It is listed on the index on the front page, but I don't find it in the body of the document book; it isn't in any of these books.
MR. WOOLEYHAN: May I inquire of the Tribunal how many of the Judges are missing that document?
THE PRESIDENT: Three of us; it is only in one book in other words.
MR. WOOLEYHAN: With one copy of that document before the bench, may we introduce the document and supply you with extra copies at a later time?
THE PRESIDENT: It is time for the afternoon recess; probably you can supply that during the recess. We will recess at this time.
(A Recess was taken.)
THE MARSHAL: Persons in the courtroom will please find their seats. The Tribunal is again in session.
MR. WOOLEYHAN: May it please the Court, the prosecution has a brief word for the record which, perhaps, should have gone in prior to the Tribunal's admitting the last document, namely, NG 880, but it can do no harm to state it now. NG 880 was admitted in evidence specifically as to the defendant Schlegelberger and not as to the defendant Klemm. However, the prosecution, at some future date, does the wish by that ruling to be precluded from argument as to this document concerning knowledge by any one or all of the other defendants. I trust that is understood.
THE PRESIDENT: That may be a little confusing. How would it be to leave the document open to both sides to argue the matter of the initial?
MR. WOOLEYHAN: Your Honor, I am not mentioning the initial of the defendant Klemm. That has nothing whatever to do with my point. My point being, though, the prosecution stated we offered the document specifically as to the defendant Schlegelberger. We tacitly assume we will be able to argue on the basis of that document, as well as any other concerning the matter of knowledge.
THE PRESIDENT: Oh, yes.
DR. BRIEGER: Your Honors, may I be permitted for one moment to refer to the translation mistake which previously my colleague, Dr. Schilf, criticized. By that I mean the document NG 996. Here we are dealing with a fine point of German grammar, which, because of the bad reproduction, was not detected by me. In German it is absolutely necessary to distinguish whether it says here -- in order to put him into a helpless position -- "um ihn hilfloser Lage auszusetzen", as the text actually says, or on the other hand "um ihn in hilfloser Lage auszusetzen". The first of the two expressions means "in a helpless condition" and the second "to put him in a position of helplessness". In the first place it means that the man was already in a helpless condition before he was exposed; in the second place it indicates a condition of helplessness was caused by his being exposed, such as the text here before us.
The situation as indicated would be that the condition of helplessness had existed already before he was being exposed. Accordingly, I should like to suggest that the translation into English be made to say, "To expose him who had been in a helpless situation," or even more accurate, "Who had been in a helpless situation already before."
THE PRESIDENT: All we can say at this time is, we will take into consideration what Dr. Brieger has argued.
MR. WOOLEYHAN: Your Honors, I believe during the recess you were supplied with the missing translation of NG 891. That is found on page 29 of the German book and should be inserted in the English book after page 26.
THE PRESIDENT: It is found in what book, you say?
MR. WOOLEYHAN: Book V, Supplement, Your Honor, and to be inserted after page 26.
THE PRESIDENT: Yes, thank you.
MR. WOOLEYHAN:NG 891 is a decree by the Reich Ministry of the Interior, dated Berlin, 5 June 1944, as it appears on the second page of the document. It concerns the illegitimate children of foreign female workers. This decree of the Ministry of the Interior was sent to the presidents of the Courts of Appeal throughout the Reich by a covering letter, which appears on the first page of the document. This covering letter went from the Ministry of Justice in Berlin on the 15th of November, 1944. It was written and sent by order of the defendant Alstoetter, as appears at the top of page 2 of the document. In this covering letter, addressed to the presidents of the Courts of Appeal throughout the Reich for their action and also for the information of the president of the Supreme Court, and the Reich Chief Public Prosecutor.
For Dr. Grube's information, that is the Oberreichsanwalt beim Reichsgericht.
The defendant Alstoetter makes a few remarks concerning this enclosed decree. He directs the presidents of the Courts of Appeal to take all necessary further steps for the instruction of the Guardianship Courts throughout the Reich as to the provisions of this enclosed decree. The defendant Alstoetter especially refers in his covering letter to the fact that with regard to paragraph 4 of the decree the forwarding of birth certificates of illegitimate children of foreign female workers who are stateless should not be requested. The defendant Alstoetter further directs that for the treatment of illegitimate children of Polish nationality special regulations have been proposed, but that until these regulations become effective the enclosed decree will be applied in matters concerning the guardianship over illegitimate children of Polish nationality.
Signed and sent by order of the defendant Alstoetter.
Now, the decree to which he refers is found on the following pages of the document, to which we merely wish to refer briefly, in passing. In paragraph Roman One (I) of this decree it is stated that:
"Foreign female workers who have come to the German Reich in order to be employed in the War Economy will, in case of pregnancy, not be sent home any more."
Further down, the same provision states that:
"Those illegitimate children of the above-mentioned foreign female workers, whose fathers belong to the German nation or to the Danish, Flemish, Dutch, Norwegian, Swedish or Walloon nations, and who can be considered valuable from the racial point of view, should not be cared for at the nurseries of children of foreigners, but should be brought up like German children."
In paragraph II of this decree it states that there was an agreement with the Reich Minister of Justice that, among other tilings, the Reichsfuehrer-SS was to be concerned and informed about all these matters of illegitimate children found within the Reich.
This directive concludes on page 35 of the German Book, and is the last page of the extra document which the Bench has, in the last article of this directive, paragraph VI, with the order that this decree is not to be published, not even in the information gazettes for official use. By that provision the prosecution assumes that the decree was to be kept absolutely secret.
The prosecution offers as Exhibit 460, this Document NG-891.
THE PRESIDENT: This document will be admitted in evidence.
MR. WOOLEYHAN: On page 36 of the German Book is found NG894. Has the Bench been supplied with extra copies of the document that were missing from your Book 5?
THE PRESIDENT: We do not have it.
MR. WOOLEYHAN:NG-894, your Honor.
THE PRESIDENT: We have it.
MR. WOOLEYHAN: That is to be inserted in Book 5 Supplement following the document just introduced, namely, NG-891.
JUDGE BRAND: I have that beginning on page 28, apparently.
MR. WOOLEYHAN: That was due to a misnumbering of your Document, your Honor - due to some error in numbering, and from your page 28 on, your files will have to be renumbered.
JUDGE BRAND: It starts with the letter, "23 February."
MR. WOOLEYHAN: Yes, your Honor. That will now follow the last page of 891.
NG-894 is a bulky and complete principal draft of a new, proposed citizenship law in February 1938. This draft was prepared by the Reich Minister of the Interior, as was the order referred to in the preceding document. And, as stated in the first paragraph of this Document, 894, this draft was sent to the other Reich Ministers. By that the prosecution infers that every other Minister of cabinet status received it -- among them being the Reich Minister of Justice. Without referring in any way at all to the lengthy proposed law, the prosecution merely wishes to briefly link this document with the present case. No defendant in this case appears in this document by name. But the document's subject matter is a proposed law concerning the acquisition and loss or deprival of German citizenship; under what conditions it can be given, and under what condition it can be taken away - with the resulting consequences here set forth.
The prosecution offers this document on the ground that it shows governmental intention in this field --"governmental" meaning Nazi government as of the year 1938 -- and we offer it to s how the long preparation and preliminary thoughts in the field of the deprival of citizenship and property, which later gave fruit in the actual laws enacted on this subject, which appear in Document Book 3 -- rather 2. Although this is a draft, a perusal of this draft will show the ground work laid for the actual laws passed and enforced, which are set forth in Document Book 2 on this subject. Without further description the prosecution offers this draft as Exhibit 451 -- no, 481.
JUDGE BRAND: Mr. Prosecutor, I take it that you are suggesting that we disregard the words, "probably initials of Mettgenberg" on the second page.
MR. WOOLEYHAN: No, your Honor, we are offering the entire document in its entirety.
JUDGE BRAND: However, I understood you to say that you were not connecting it with any defendant directly.
MR. WOOLEYHAN: We are not, your Honor, for the reason that "probably initials of Mettgenberg" so far as we have been able to ascertain, is an error. It's another man's name there and not Mettgenberg.
JUDGE BRAND: That was my point. You are not contending that that is Mettgenberg's signature?
MR. WOOLEYHAN : No, your Honor, we are not.
The final document in the Supplement to Book 5 is NG-1106. This document -- oh, I beg your pardon--
THE PRESIDENT: This Document will be admitted in evidence.
MR. WOOLEYHAN:NG-1106, the last document in Supplement to Book 5, is a brief set of conference notes taken after a discussion held on 23 January 1942, at an unstated place. However, present at that conference, as the notes disclose, was - among a number of other public prosecutors and judges, Dr. Rothenberger, - the defendant Rothenberger. At this conference a Fourth Chamber of the Special Court in Hamburg was established. But, more important for the purposes of the prosecution, was the fact that in these conference notes is disclosed the fact that the defendant Rothenberger favored the refusal of the benefits of the Poor Law, or Bankruptcy Law, to Jews.
DR. DOETZER (for defendant Nebelung): It is not the question of the Bankruptcy Law here. The word "Poor Law" must be translated as "Armenrecht". "Poor Law" means that the costs of the proceedings are not charged.
MR. WOOLEYHAN: If the counsel for the defendant Rothenberger has no further comments I will offer this document. I am waiting for his reaction.. he has the exhibit ...
The prosecution offers, without further comments, this Document as Exhibit 462.
THE PRESIDENT: The Document will be admitted in evidence.
MR. LA FOLLETTE: Just a minute, Your Honors, to state what we can do and what we hope to do this afternoon and in the morning. We still have some documents, which are loose documents, but which Mr. King will put in. He will designate the supplemental book in which they fall.
Then, tomorrow morning, we hope to have available for presentation Supplement III-A, which was distributed yesterday afternoon. Supplement III-B was distributed just this afternoon. If we can got the book prepared, and if there is no objection, we will offer that after Supplement III-A.
We also have on the road, somewhere in Germany, two witnesses who should be our final two witnesses. If they arrive this afternoon so that we may interview them, one of them will be put on tomorrow, before Book III-B. The "witness is a witness named Schmitt, who will testify with reference to the sterilization program. The other witness is the witness Franke, who was in the German Ministry of Justice, who will testify generally as to matters there, and his testimony affects the defendant Klemm. Franke has not yet arrived from the British Zone. When he gets in -- tonight or tomorrow, I don't know -- that should finish the prosecution's witnesses. We will then have a few final clean-up documents which now I think pretty positively I can say we will be able to close either Friday of this week or Monday of next week, of course depending upon when these witnesses arrive and when certain documents come out of translation that are still being translated.
That is our contemplated program for the balance of this week.
THE PRESIDENT: At this time the Tribunal will announce the uniform rule applying to all Tribunals relative to the cross-examination of affiants who have made affidavits which have been admitted in evidence. I will read the rule:
"In cases where the prosecution has offered the affidavit of a witness and the defense has requested an opportunity to cross-examine that witness, defense counsel shall apply to the Tribunal in the regular manner for his production for cross-examination.
Such cross-examination shall be conducted in open court, unless the Tribunal determines that such examination can be fairly and adequately conducted before a commissioner, in which event the Tribunal may make such an order."
I perhaps should have had copies of this made. I will do that immediately, and they will be available.
MR. KING: The document which is being distributed to the Court and the translators at this time is the document NG-973, and it will became, when offered in evidence, Exhibit 463.
THE PRESIDENT: Will this document be identified with any document book?
MR. KING: This document should be placed, as a matter of convenience, in Document Book I. May I suggest that it be placed in the supplement to Document Book I, probably as the last document in that book. There will be several other documents which we will introduce today, tomorrow, and the remaining days of the prosecution's case, which will also be placed in I; but if each document in that bank is placed after the preceding one, I think that it will be clear for purposes of reference.
THE PRESIDENT: We have one Document Book I, but this will be Supplement I, I take it?
MR. KING: Supplement I, yes.
The document which I am about to introduce pertains to a subject matter discussed in another document in the regular Document Book I, in the first Document Book I. However, all of the other documents which we are putting in relate in some manner to documents previously introduced, so I think that should not be our standard in placing them.
NG-973 is a series of letters and minutes of a meeting relating to the Gruenspan trial. I wish to refer particularly to the letter which is on page 2 of the document as circulated. It is dated Berlin, 10 April 1942, and it is addressed to the Reich Minister for Public Enlightenment and Propaganda, which was Geebbels, and it is signed Schlegelberger.
The letter merely points out that Goebbels should be aware of the fact that the proposed defendant, Gruenspan, would undoubtedly testify as to the alleged, to quote, "homosexual relations", which he had had with the Legation Counsellor von Rath, whom allegedly he murdered, and for that reason questions the advisability of proceeding with the trial. Other documents relate to the same general subject.
We offer the document NG-973 as Exhibit 463.
THE PRESIDENT: The document will be admitted in evidence.
MR. KING: The next document, which will be exhibit 464 when offered in evidence, is the document NG-1103. The document NG-1103 is a report of a conference called presumably by Dr. Freisler.
JUDGE BLAIR: You didn't give Judge Hardy a copy.
MR. KING: I can make that very definite; the reason for that is that I don't have additional copies. I wonder if the SecretaryGeneral has, among his pile of papers, additional copies of 1103?
COLONEL NESBIT: We are looking for that new, sir.
THE PRESIDENT: We will identify this as Supplement I also?
MR. KING: Yes, this should be placed in Supplement I.
While the search continues, I will proceed to summarize the document.
As I stated, this was a conference called by or arranged for by Dr. Freisler, at which certain members of the Ministry of Justice were present. Included among these present were the defendant Mottgenberg and the defendant Joel. The document concerns steps that should be taken in the Ministry of Justice to smooth out certain difficulties that have arisen, principally difficulties apparently due to aggressiveness of certain under-employees in the Ministry.
We wish to point out particularly the last sentence in the first paragraph, in which Dr. Freisler, who has signed the report, states that the State Secretary -- who at that time, on June 15, 1942, was the defendant Schlegelberger -- "will take the opportunity of the meeting of the chief prosecutors on 30 June and 1 July to make a speech in this matter."