THE PRESIDENT: And then the next page says, "Teletype of 14th February."
MR. KING: I would like to draw Your Honor's attention to the distinction between the date that the letter was apparently written and the date that it was apparently received. This date up 312-A on the left hand corner is apparently the date it was received; that is the 15th--or rather, the date that it was transmitted.
DR. BERGOLD: In any case, it is not quite clear.
TEE PRESIDENT: All of it is clear by reason of the fact that the date up in the left hand corner refers to April, not February; the 15th day of the 4th month. It plainly is a mistake.
MR. KING: If Your Honor please, we will withdraw the reference of this letter as a reply to the Goering letter of February 14th and treat it as a reply to a letter of February 14, 1944; that is, we will only withdraw the reference of the Himmler letter as a reply to a Goering letter of February 15, 1944.
The next document which I should like to read is from our 124 and shows further steps of the development of the Jaegerstab underground construction program. This is Prosecution Exhibit No. 48-F and is on Page 88 of the English Document Book--that is Document Book 4--Page 90 of the German. The excerpt which I shall read from this document is on Page 90 and it's part of the summary of the results of the 55th Meeting of the Central Planning Board which was held on March 23, 1944. I might add that the list of those present does not include Speer; the defendant Milch is the only member of the Board present. This excerpt shows that at this time the Jaegerstab was receiving an allocation of steel for its building program. And this is on Page 90, Page 93 of the German, the paragraph starting with: "The Planning Office."
"The Planning Office is authorized to divert from the return flow of iron permits orders of sheet metal handed back by those Kontingentstraeger (that is quota recipients) who had specially big sheet metal orders, a part of this return flow in favor of the Fuehrer Reserve up to 50,000 tons per month. Out of this return flow, a reserve must be formed once only of up to 30,000 tons for the immediate requirements of the Jaegerstab; the administration of this quantity must rest with the Planning Office."
This shows that at this time plans wore being made for the setting aside of steel for the construction program of the Jaegerstab.
THE PRESIDENT: The Court will recess for 15 minutes, Mr. King.
(A recess was taken.)
THE MARSHAL: All persons in the Courtroom will arise. The Tribunal is again in session.
MR. KING: If Your Honor please, I would like to correct that last exhibit number, that is, the result of the 55th meeting of the Central Planning Board. That will be Exhibit 48C. That is for the purpose of the record. I now call your Honors' attention to a second excerpt from the general document book R-124 which is Prosecution's Exhibit No. 48G and of that page 95 of the English document book four and page 98 of the German. This is from the result of the 56th meeting of the Central Planning Board which was held on April 4, 1944. It appears from the list of those in attendance that Speer again was not there. The topic at this meeting was building allocations for 1944. As your Honors will see from the excerpt which I shall read, the Jaegerstab received the allocation of 550 million Reichsmarks to carry out the building program. This excerpt is at page 95 of the English and 98 of the German, starting with the paragraph "The Fighter Staff." That's translated.
"The Fighter Staff is to get a quota of 550 million including 150 million definitely pledged from the reserve and the Air Administration is to have a quota of 200 million; both are to be checked up against each other. Regarding the Air Administration quota precise details such as specific amounts, numbers of workers required, quantities of materials are to be submitted, building projects for the supplying industry are to be transferred to the Office of Armament Supplies, trial projects are to be discussed between the Commissioner of Building and Air H. C., the remaining demands are to be cleared between the Air Chief Administration and the Chief of the General Staff."
I also call your Honor's attention to the last paragraph on Page 96 of the English Document Book 4 and page 99 of the German. This is the paragraph starting with:
"The quota recipients will be informed of their respective quotas as of guiding figures within the limits of which the Commissioner of Building may give assignments. The quota recipients themselves are, on the basis of these guiding figures, to re-plan their projects by concen trating on priority issues and to report which of their building projects will have to fall out, including the resulting figures.
Fieldmarshal Milch will report to the Fuehrer on the total situation of building. Reports on the quotas Air Ministry, Navy, Army and Reichsbahn are to be sent to Fieldmarshal Milch forthwith.
"Demands of labor, building materials, etc. as resulting from the quota allocations are to be discussed with the Planning Office by the quota recipients taking into account such amounts of the quota as were already used up for building purposes since January 1, 1944. Signed Steffler."
And the list of those present includes General Fieldmarshal Milch, Reichsminister Funk and General Secretary Koerner.
A few days later, on April 6th and 7th, 1944, the results of the 56 meeting of the Central Planning Board were reported to Hitler by Milch and Sauer. The minutes of this conference, which I shall read, are also part of the R-124, and are located on pages 74 and -5 of Your Honor's Document Book, pages 72 and -3 of the German. This document is Prosecution Exhibit 48 E. The minutes of this conference were compiled and signed by Sauer and there are references to letters from Speer in these minutes which indicate that Speer was not among those present. The minutes show that Milch and Sauer at this time stressed the achievements of he Jagerstab which had already taken place and discussed the turns to the construction of the underground factory for the Jaegerstab, plans of the Jaegerstab for the construction project were submitted to the Feuhrer. Hitler proposed that 100,000 Hungarian Jews be made available by the SS for a part of the construction project, and the part which I wish to read is paragraph number 16 of the numbered paragraphs, 74 and 75 of the English Document Book 4; "Reports made to the Fuehrer by myself (this is Sauer speaking) and General Field Marshal Milch, based on tables and drawings, as to the achievements of the Jaegerstab stressing the satisfactory cooperation of the new organization with all offices and works. Reported in detail that plans have been made for the best part of transfers, and that, as a first installment, the decentralisation above ground will be completed by August, and as the second installment, the most vulnerable works will be underground by the end of the year."
THE PRESIDENT: That will be 1944?
MR. KING: That will be 1944. Further: "General Field Marshal Milch reported on the result of a meeting on the building subject by the Central "Planning" according to which the most important building projects only could materialize due to agreat tension in general conditions. In spite of this, the Fuehrer demands that the two huge buildings of 600,000 sq. m. each should be erected with a,ll speed. He agrees to it that one of these buildings is not to be made from concrete, but according to our suggestion will be set up as an extension of, and in close vicinity of, the Middle 317-A Works as a so-called Middle-building, and that this work will be placed under the direction of the JUNKERS-WERKE.
Plans have to be made without delay to secure production in bottleneck items of the JUNKERS Works, production of ME 262 at 1,000 per month, and fighters at 2,000 per month.
"Suggested to the Fuehrer that, due to lack of builders and equipment, the second big building project should not be set up in German territory, but in close vicinity to the border on sitable soil (preferably on gravel base and with transport facilities) on French, Belgian or Dutch territory. The Fuehrer agrees to this suggestion if the works could be set up behind a fortified zone. For the suggestion of setting this plant up in French territory speaks mainly the fact that it would be much easier to procure the necessary workers. Nevertheless, the Fuehrer asks that an attempt be made to set up the second works in a safer area, namely in the Protectorate. If it should prove impossible there too to get hold of the necessary workers the Fuehrer himself will contact the REICHSFUEHRER 'SS' and will give an order that oho required 100,000 men are t o be made available by bringing in Jews from Hungary. Stressing the fact that the building organization of the INDUSTRIEGEMEINSCHAFT SCHLESIEN - SILESIA was a failure, the Fuehrer demands that these works must be built by the O.T.- exclusively and that the workers should be made available by the REICHSFUEHRER 'SS'. He wants to hold a meeting shortly in order to discuss details with all the concerned men."
By written letter, written in the name of Speer, and dated April 17, 1944, all interested parties were formally notified of the decision reached at the Hitler conference. This latter is included in 1584-PS, and is part of Prosecution Exhibit No. 71. This is at pages 68 and 69 of the English Document Book and pages 64 and 65 of the German. This is Document Book 4, In connection with this, I might call Your Honor's attention to 3720-PS, which was introduced previously by Mr. Denney as Prosecution's Exhibit No. 68, and in which Speer states that this letter was written by Sauer. That is, the letter of April 17, 1944, and this is at page 119 of the English Document Book and 118 of the German.
That is the reference in The Speer interrogation, 3730-PS. I also call Your Honor's attention to page 118 of the Document Book 4, in which Speer states that he was ill between February and May of 1944. This is at page 117 in the German. This it letter, and/is the Speer letter, is addressed to Jaegerstab, care of Milch and Sauer, copies to Reichsfuehrer of the SS, Chief of the German Police, Himmler, Chief of the Armament Office, Generalleutnant Waeger, the GBA Construction Director, Stobbedetleffsen. In this letter, reference is again made to the procurement of the Hungarian Jews. This letter is at page 68 and 69 of the English Document Book; 64 and 65 of the German.
"By means of tables and drawings, I have, together with Field Marshal Milch, reported to the Fuehrer on the work of the Jaegerstab with due reference to the extremely gratifying and successful cooperation of the newly formed organism, with all offices and plants. He has duly noted that the best part of the transfer has been determined according to plan and, that as a first phase decentralization from above ground can be concluded by about August and that the second phase will be concluded by the end of the year by a total securing underground of the most vulnerable plants. As a result of the construction conference of the Central Planning, Field Marshal Milch has reported to the Fuehrer that, of the required amount of construction work, only the most important structure can be effected in view of the extreme stress of the situation as a whole. The Fuehrer insists that the two major plants he asks for, covering at least 600,000 M. each, should nevertheless be erected with the greatest energy. He agrees that one of these plants will not be built in concrete, but will, in accordance with the proposal, form an extension and be in the immediate vicinity of the present Central plant, under the name of Central Building, and be under the management of the Junkers Plant. In view of the lack of building labor and installations the suggestion to erect the second proposed large building not on German territory but on suitable sites, involving primarily gravel foundations for transport facilities in the immediate vicinity of the frontier, on French, Belgian or Dutch territory, has been approved by the Fuehrer, so long as the structure is erected behind a fortified zone.
319-A The suggestion of French territory is particularly vindicated by the fact that it will be considerably easier to procure the necessary workers.
The Fuehrer requests, however, that the attempt should be made to erect this second structure in a considerably safer area, namely in the protectorate. Should labor not be found there, the Fuehrer proposes to contact the Reichsfuehrer SS personally and require him to procure the necessary 100,000 men or so, by making available a corresponding quota of Jews in Hungary. The Fuehrer wants a meeting to take place at short notice at his headquarters for the discussion of details in the presence of the men concerned. Besides insuring the day by day bottleneck in the JUNKERS works the immediate task of the Central Building will be to plan and insure the production of the ME 262 at the rate of 1000 units per month and of yet another fighter at the rate of 2000 units.
"Heil Hitler" /s/ Speer Our proof as presented in the next documents, will show that the thousands of workers needed for this gigantic construction program, were furnished primarily by the SS and consisted of concentration camp inmates and Hungarian Jews.
The immediate supervision of the Jaegerstab project was undertaken by SS Gruppenfuehrer Kamera of the Jaegerstab, and Exavier Dorsch, of the notorious Todt organization. Dr. Shlemm, a member of the Jaegerstab was especially designated as Dorsch's deputy. The Tribunal will see, from succeeding documents, that Shlemm periodically informed the Jaegerstab, both orally and in writing, of the progress of the work. Kemmler also rendered written reports, and in addition, both Kemler and Shlemm were active participants in meetings of the Jaegerstab. The Tribunal will recall that, in his speech of the air force engineers, the chief quartermasters, which is Prosecution Exhibit 54. I previously made reference to this, Document NOKW 017. The defendant Milch reported to Shlemm and Kemmler as among the leaders of the Jaegerstab. This reference is at page 17 of English Document 4, page 19, in the German book.
The next document, which the prosecution wishes to introduce is NOKW 372, which is an affidavit by Fritz Schmelter, the man whom the defendant named in his speech of March 1944, chief of Labor Commitment for the Jaegerstab. Reference is again made to prosecution Exhibit 54, page 17 of the document book -- that is, the English-- page 19 of the German; this is Prosecution Exhibit No. 73. This is at page 101. That is the Schmelter affidavit of the English Document Book.
THE PRESIDENT: Mr. King, what was Exhibit 72?
MR. KING: I stand corrected, Your Honor. This is English Exhibit No. 72. This affidavit is dated December 9, 1946. It is clear from the affidavit that Kamera's chief source of labor was concentration camp inmates received through the SS, while Dorsch utilized the Hungarian Jews and other foreign labor. I shall read the affidavit in full.
"I, Fritz Schmelter, swear, state and declare: That from around January 1944 to April 1945 I held the position of Ministerialdirigent in the Reichministry for Armament and War Production (Speer Ministry); that as Ministerialdirigent I directed the Department for employment and distribution of labor, and from December 1944 to April 1945 I directed the Central Department for Employment and distribution of labor, and that on the basis of the first position I was a member of the Jaegerstab.
"1. That the Jaegerstab was founded on or about 1 March 1944; that Speer and Milch were the mutually responsible Chiefs of the Jaegerstab.
"2. That the air-raids in the beginning of year 1944 made it necessary to decentralize the airplane factories by transferring them in part to above surface localities and in part to subterranean localities.
"3. That the entire program of decentralization to above surface localities and the construction of subterranean installations was directed under the jurisdiction of the Jaegerstab; that the direct supervision of this Jaegerstab construction program was exercised by SS Obergruppenfuehrer Kammler and by Stobbe-Detleffsen and later by Xaver Dorsch of the Todt Organization. Kammler was a member of the Jaegerstab and Dorsch was represented in the Jaegerstab by his deputy Schlemp. Both Kammler and Schlemp reported at regular intervals to the Jaegerstab on the progress of their work: Kammler in written reports and Schlemp in both oral and written reports.
"4. That Kammler utilized concentration camp prisoners placed at his disposal by the SS in order to carry out his share of the Jaegerstab construction program; that Dorsch used foreign workers, part of whom were Hungarian Jews, to carry out his share of the Jaegerstab construction program.
"5. That Milch, as one of the two responsible Chiefs of the Jaegerstab, personally directed, ordered or approved decisions made in the interests of Jaegerstab-Undertakings.
"6 That the aforementioned facts are personally known to me and to be sure by virtue of my position and responsibility as member of the Jaegerstab."
Sworn and signed, "Fritz Schmelter, Nurnberg, 9 December 1946.
Kammler's part in the construction program, and his use of concentration camp personnel, are also referred to in the next document, which the Prosecution wishes to introduce. This document is NOKW-320, and there's an excerpt from an interrogation of Sauer, Chief of Staff of the Jaegerstab, dated November 13, 1946. This is Prosecution Exhibit No. 73 and is at page 103 of the English Document Book 4, and page 105 of the German book.
"Q. Were special factories built after the creation of the Jaegerstab?
A. All building of factories above the ground was stopped, and subterranean factories were built. We divided approximately 30 factories into 700 individual workshops, to avoid offering targets for attacks.
Q. What kind of workers were used for this construction?
A. The construction was divided into three parts:
the two Kammler parts
a) new construction underground
b) expansion underground and the OT part.
Q. This expansion program was directed by Kammler, then?
A. Parts a) and b) were directed quite independently by Kammler. He had full authority from Goering as of 4 March 1944 and was then made a member of the Jaegerstab.... The whole affair was carried out by Kammler alone.
Q. And the workers who were used for this purpose were concentration camp prisoners?
A. To my knowledge, they must have been concentration camp prisoners."
DR. BERGOLD: May it please the Tribunal, I should like, to protest against the submission of this affidavit, in its present form. It is evident that an extensive part of this affidavit has been omitted, and I should consider it correct if the entire affidavit would be submitted, so that I could ascertain whether a meaning can be devised from those parts omitted; which would place the entire document in a different light.
THE PRESIDENT: Well, it is the rule, isn't it, Mr. King, that if you use part of a document for your own purposes, that the opposition is entitled at least to see the entire document?
MR. KING: If Your Honor please, we intend to furnish Doctor Bergold with the complete interrogation. We've had some difficulty in getting our documents together and we weren't able to locate the complete interrogation as of last evening.
THE PRESIDENT: Very well.
MR. KING: If Dr. Bergold wishes to waive the usual 24-hour notice, we'll introduce it at this time; otherwise we'll suspend and introduce it tomorrow, or within any period within which he has had the usual notice.
THE PRESIDENT: Well, if you do not furnish him with the entire affidavit, the Tribunal will hear his objection to this portion of it again. We'll suspend decision on the admissibility of this portion until Dr. Bergold has been furnished with the complete affidavit.
DR. BERGOLD: Thank you.
MR. KING: The next document which the Prosecution would like to refer to is No. 3720 PS, and is again a part of Prosecution Exhibit No. 68, which Mr. Denny introduced previously this day.
This document was introduced into evidence before the INTERNATIONAL MILITARY TRIBUNAL and is an excerpt from an interrogation of Albert Speer and we will notice here that a reference was made regarding the use of the 100,000 Hungarian Jews which were furnished to DORSCH.
This testimony is at Page 118 of the English Document Book Four; at page 117 of the German. The part which I would like to read starts with the fourth line down:
"Q. Put your mind on foreign Jews. Did you use these for forced labor in Germany?
"A. As far as foreign Jews are concerned, Hungarian Jews were used in the building program.
"Q. And when was that -- in 1944?
"A. Yes, that was in 1944."
MR. KING: There, we have the testimony that REICHSMINISTER SPEER, as a Chief of the JAEGERSTAB, would undoubtedly be in a position to know that Hungarian Jews were used in the building program.
The next document which the Prosecution wishes to introduce, is NOKW447, an affidavit by Xavier DORSCH, who was apprised of one phase of the JAEGERSTAB program. This is Prosecution Exhibit No. 174, and is found at Page 131 of the English Document Book, and on page 128 of the German.
DORSCH himself states that he used Hungarian Jews in the construction program; in detail, states, that the JAEGERSTAB through Schmudt and other liaison officers was fully informed of the progress in the construction and the questions connected with it. This affidavit states in part, starting from the sixth line from the bottom on page 131 of the English Document Book:
"Also, as far as I remember, there were about 3,000 Hungarian Jews employed on the construction site Kaufering. The Jaegerstab was informed currently about the progress of construction and the questions connected with it by SCHIEMM, and later by Dipl.
Ing. KNIPPING and EWARLD who worked in the Jaegerstab as liaison engineers."
325 (a) I might say that this affidavit is in DORSCH's own hand and written by a man who would be in a position to know the tie-in between the JAEGERSTAB and the Construction Program; and of the amount of MANPOWER there employed.
Despite assertions that DORSCH and Kammler acted independently, the MINUTES of the Jaegerstab discussion show that the members were fully informed that KAMMLER and DORSCH were utilizing slave labor in the construction program labor sites. The minutes of the Jaegerstab meetings which I will presently introduce, show that the JAEGERSTAB not only consented to the utilization of this labor bub encouraged its use, its evident to aid in the procurement of such labor that Dorsch and Kammler used all the means placed at their disposal.
The first document which the Prosecution wishes to introduce in this series is NOKW-338, which is a part of Prosecution Exhibit No. 75, and I might add, for the benefit of the TRIBUNAL, that all of the minutes of the Jaegerstab meetings which we shall introduce, are included as part of General Exhibit No. 75. The reference is at page 135 of the English document Book Four; and on page 132 of the German.
This is an excerpt of the minutes of the Jaegerstab meeting of March 17, 1944. I might add, that this meeting was held at the Air Ministry, and presided over by the defendant Milch. The minutes record his active participation in the meeting, and the excerpts which I will presently read show that the Jaegerstab was furnished labor by Kammler and that concentration camp labor was used in the construction program.
For identification purposes the participants in this discussion were Stuba F. Detlerson, who was plenipotentiary for construction in the Reichs Ministry for Armament; that is, the Speer Ministry; Sauer, who was chief of staff to the Jaegerstab; Dorsch, who represented the Volks Wagon Works, Nobel, who was in charge of repairs for the Jaegerstab; and the defendant Milch.
This is at page 135 of the English Document Book; 132 of the German. The excerpt opens with a statement by Stobbe Detleffsen: "....We already reckon on 100,000 men for the task of the Jaegerstab; to transfer them would mean breaking into the rest of the armament economy to an unheard of degree."
SAUER interjects: "100,000 without Kammler!"
SAUER again: "Including the labor we give Kammler but not including the concentration camp people."
SAUER once again: "Right from the beginning, we realized that 200,000 men would be transferred."
"Stobbe-Detleffsen: I have just spoken to Prinzil about it. It is absolutely necessary that the few German key personnel at our disposal should be taken with the concentration camp inmates or with the other subjugated people in such proportion as will guarantee the best use of this valuable Germanstrength .....
MR. KINO: Later, on, Stobbe-Detleffsen: "I am always getting demands for German labor, for example: Here are 5000 concentration camp inmates, give me 1000 German workers. I do not fulfill these requests in this proportion; otherwise my German labor would soon come to an end. We have filled only a fraction of the positions. I distribute German workers only in the ratio of one to ten (1:10.)