MR. LA FOLLETTE: Your Honor is quite correct. I will communicate, and I dare say the comment of a member of this Tribunal in the record would, I hope, be taken note of.
I next turn to Document 1249 PS found at page 72 in the English book, Page 79-85 of the German. This is a report from the Chief President of the Province of Upper Silesia. Subject, Police court martial. Page 73, which is Page 81 of the German, refers to the distribution. Page 82 of the German, Page 73 of the English, shows that it also went to the Reichminister of the interior.
The reading of the document shows that there is an agreement the Reichminister of the Interior and the Reich Minister of Justice to establish police courts in Kattowice in the annexed eastern territory. It also says that in the sense of Paragraph 1 of the decree against Poles and Jews severe excesses of Jews and Poles, as well as other criminal acts which endanger seriously, and I quote, "the German reconstruction are--" and then follows a list of 21 crimes or offenses. I offer as Prosecution Exhibit No. 249 Document NI 249 PS.
DR. BEHLING: Although the remark is to be seen on the document that this letter was written in coordination of the Ministry of Justice and the Ministry of the Interior, in my opinion neither this document nor the other documents which were submitted in this connection contain anything which is in any closer connection to any one of the defendants in this court. Therefore I consider this exhibit irrelevant and object to it.
MR. LA FOLLETTE: It is dated June 1, 1942.
THE PRESIDENT: For the purposes of the record we suggest that you make that statement a little more elaborate.
MR. LA FOLLETTE: If Your Honor please, I see no particular reason to answer the argument. The document states that court martials are going to be instituted in Poland as a result of an agreement reached by the Reichminister of the Interior and the Reichminister of Justice and dated 1 June 1942. Certainly I think it has some probative value as showing what was done, and that until explained the high officials of the Reich Ministry of Justice must know something about this. I would not assume that a man is going to write over in Silesia about putting in court martials without the defendants who were in charge of this administration of justice being advised of his acts. This, along with other acts, can be connected. I don't say that this makes a case by itself. If we did that, we would put in only one document.
THE PRESIDENT: Are you offering it?
MR. LA FOLLETTE: I thought I had offered it as Prosecution Exhibit No. 349.
THE PRESIDENT: What is the document?
MR. LA FOLLETTE: Document 1249 PS.
THE PRESIDENT: It will be received in evidence.
MR. LA FOLLETTE: The next document is Document 360 found on Page 76 of the English book and Pages 86 to 93 of the German book. This document is dated February 28, 1941, and is a report of the execution of the death sentences passed against 172 Poles. There follows a roster which occupies pages up through Page 89 of the English book. The report is to the Reich Minister of Justice and bears the stamp of the Reich Ministry of Justice, 3 March 1941. It has the signature of Westfall on it.
The Prosecution offers as Prosecution Exhibit No. 350 the Document NG 360.
THE PRESIDENT: Why do you have an interrogation point after the word "Schlegelberger"?
MR. LA FOLLETTE: Your Honor, you can strike that all out, as far as I am concerned. I think that is some translator's idea that maybe the initial was Schlegelberger's. I don't think it was. I don't know. I don't want to bind the man by that, and that goes for the record as far as -- I can't tell.
THE PRESIDENT: The document will be admitted.
MR. LA FOLLETTE: The next document is NG 349, which is found at Pages 90 to 107 of the English book, Pages 94 to 110 of the German book. This is to the Reich Ministry of Justice, The Public Prosecutor's office at Berlin had contains a list of death sentences there according to the decisions of the senior president. There then follows on Page 93 a discussion of a letter sent from the Attorney General at Kattowice on the 27th of October 1943 to the Reich Ministry of Justice at Berlin. It bears a stamp that shows it was received on 31 October 1943. The subject, plea for clemency in the proceedings against Poles and Jews. Then there follows a register of the list of senior public prosecutors of death sentences that were carried out between 21 September and 20 October. There is an account of the reasons for these sentences. The document consists of further monthly reports, reports at about a month interval, of death sentences carried out in Poland -- sentences given and executions carried out pursuant thereto.
The prosecution offers as Prosecution's Exhibit No. 351, Document NG-309.
THE PRESIDENT: The document will be received in evidence. Does that apply to that particular defendant or to all of them?
MR. LA FOLLETTE: Your Honor, I think that applies to all of them who participated in an extension of this law in the eastern territories.
The next document is Document NG-305, the scheduled execution at Danzig. It covers Pages 109 to 127 of the English book and Pages 111 to 130 of the German book. The first report is the General State Attorney to the Reich Minister of Justice, and this looks as though it may be Leipzig -- I have got a bad mimeograph here -October 1, 1943 -- it should be Danzig, Your Honor. At Page 109, it should be Danzig. It is the last reports of the execution of death sentences on the 17 of July 1944. I ask the Court to permit me to refer to Page 127 which includes a death sentence for the condemned who took part in violence against racial Germans on Bromberg Bloody Sunday, 13 September 1939, executed 17 July 1944.
The prosecution offers as Prosecution's Exhibit No. 352, the Document NG-305.
THE PRESIDENT: The document will be received in evidence.
MR. LA FOLLETTE: I turn next to Document NG-211, which contains a list of one summary and 19 enclosures with reference to the sentences imposed upon 16 Poles. The report is to the Minister and State Secretary, Dr. Freisler, the 30th of April 1940. On Page 141 of the English book, 142 of the German, we find some comments; one by the defendant Joel. That says:
"If, however, according to the letter of the Foreign Office of 10/1/40 German interests may be severely damaged, then we must make use of the right of mercy for reasons of foreign policy."
I say in passing that I consider that a very pertinent observation when we come to discussing the law.
The prosecution offers as Prosecution's Exhibit No. 353, the Document NG-211.
THE PRESIDENT: The document will be received in evidence.
MR. LA FOLLETTE: We next turn to the document NG-128 which is found on Page 143 of the English Book, Page 144 of the German Book. This is the provisional president of the province of Upper Silesia, Kattowice, 1942, addressed to the Chief of the Reich Chancellery, Reich Minister Dr. Lammers, and is noticeable in that there is a request made that under the decree of 4th December 1941 concerning penal measures against Poles and Jews in the incorporated eastern territories -- that apparently they think they are having some difficulty punishing quickly and effectively enough --- and that the decision should be given by the Reich Minister of Justice, of the necessity of that decision, before granting amnesties, should be eliminated possibly. This, I might say, is a preliminary document to documents which follow, dated 28 of January 1942.
The prosecution offers as Prosecution's Exhibit No. 354, the Document NG-128.
THE PRESIDENT: That document will be received in evidence.
MR. LA FOLLETTE: The next document is NG-129, at page 145 of the English document book and Page 145-146 of the German. The document consists of two pages; the one on Page 146 is dated Berlin 15 December 1941, to the Reichminister and Chief of the Chancellery of the Reich. The Subject is the Letter of the co-signatory Reichstatthalter of the Reichsgau Wartheland, dated 13 November '41. It states on its face that for the duration of the war, the delegation of authority to the Reichsstatthalter in the Reichsgau Wartheland for the execution of death penalties against Poles and Jews as well as for pardoning of Poles and Jews who have been sentenced to death, is no longer restricted. Signed: Schlegelberger; and signed: Greiser.
On page 145, Berlin, 19th of January, 1942, over a month later the "Reich Minister of Justice, In charge of the Office; My very esteemed Reichminister:
"Enclosed I am sending for your information a document dated 15 December 1941 and signed by the Reichsstathalter and Gauleiter G R E I S E R , and by me. Since the delegation of authority to the Reichsstathalter in the Reichsgau Wartheland to order the execution of death penalties against Poles,and Jews, as well as for pardoning of Poles and Jews who have been sentenced to death, is for the duration of the war no longer restricted, the communication of the Reichsstatthalter dated 13 November 1941 is of no further consequence."
Signed: "Schlegelberger."
The Prosecution offers as Prosecution's Exhibit NO. 355 the Document NG-129.
THE PRESIDENT: The document will be received in evidence.
MR. LaFOLLETTE: The Prosecution next turns to Document NG -126, signed by the defendant Dr. Schlegelberger addressed to the Reich Minister and Chief of the Reich Chancellery; subject: Delegation of the right of pardon in the case of Jews and Poles; dated 26 May, 1942. It reads:
"I enclose for your information a copy of my decree of 28 May 1942, by which I, in agreement with the Minister of State and the Chief of the Presidential Chancellery, delegated the exercise of the right of pardon in the case of Poles and Jews sentenced by all general courts in the eastern province (Ostgebiet) to the Reich Governor (Reichsstatthalter) and Governors (Oberpraesident) of these provinces for the duration of the war."
And then the following page, page 148, of the document book is the delegation dated 28 May 1942; Berlin; signed Dr. Schegelberger.
The Prosecution offers to introduce into evidence as Prosecution's Exhibit No. 356 the Document NG 126.
THE PRESIDENT: The document will be received in evidence.
MR. LaFOLLETTE: Mr. King has one matter which he would like to dispose of at this time.
MR. KING: The Court will recall that in the session this morning Dr. Haensel raised the question as to the date when the defendant Joel took over his duties at Hamm in West Phalia as Public Prosecutor.
THE PRESIDENT: What exhibit does that refer to?
MR. KING: That refers to a number of letters which were introduced, a number of document which were introduced in Document Book IV. No particular exhibit, Your Honor. It refers to the general question when the defendant Joel became Public Prosecutor in Hamm. Even on many of those letters in which the defendant Joel was, according to the Prosecution, involved, this question has no bearing because the date of the documents are well beyond the disputed date. Dr. Haensel this morning referred to the Document NG-605 which is in evidence as Exhibit 54. Dr. Haensel's opinion is that the document quite clearly establishes the fact that the defendant Joel did not assume his duties as Public Prosecutor in Hamm until 17 August, 1943, at which time he was there introduced by the defendant Rothenberger. Upon some investigation the Prosecution is willing to accept that date. We only point out at this time, and this is an a way of an incidental comment, that from Document NG-587, which will be offered in evidence in the near future, it does appear that Dr. Joel was appointed to this position as early as the 12th of May, 1943.
However, as I previously said, for purposes of Document Book VI, and the exhibits introduced in connection with that book, we are perfectly willing to stand on the Exhibit 54, which gives the date of August 17, 1943 as the time when the defendant Joel assumed his position as Public Prosecutor.
JUDGE BRAND: August 17, 1943?
MR. KING: August 17, 1943, right.
MR. LaFOLLETTE: If your Honors will indulge with me a few minutes, I think I can finish this document book, and you won't have to bring it back in the Court. There are three documents remaining to be introduced -- unless the Court desires to adjourn at the regular time. I don't anticipate any discussion by Defense Counsel.
THE PRESIDENT: You might try the method that has been referred to here in tho documents of speeding up.
MR. LaFOLLETTE: I have been doing about as well as I can, Your Honor; I thought I did pretty well. The next document, NG-241, is found on page 149 of the English book, and is a letter from the Reich Minister of Justice to: Dear Gauleiter:
"Thank you very much for your congratulations on the occasion of my appointment as Reich Minister of Justice. I was particularly pleased with your good wishes.
I should welcome it if you would come to see me when you visit Berlin. We could discuss many problems concerning your Gau in the field of the administration of justice. I believe that many questions would then settle themselves."
And it is signed by Thierack. And on 11 September also the Reich Minister of Justice wrote to the Reich Marshall of Greater Germany, and said he was sending copies of two letters of Gauleiter Greiser. The question of execution of the death sentences by hanging, I should like to mention that I cannot expect my prison officials to carry out this manner of execution because they are all without exception officials of advanced age.
There is a letter from the Reich Minister of Justice to Gauleiter Greiser, dated Berlin, October 6th, 1942; dear Party-comrades Greiser; signed Dr. Thierack.
The Prosecution offers as Prosecution's Exhibit No. 357 the Document NG-241.
THE PRESIDENT: It will be received in evidence.
MR. LaFOLLETTE: The next Document is Document NG137, which appears at page 157 of the English document book and page 153 and 154 of the German book; it is dated 11 December, 1941; addressed to:"The Staatsminister and Chief of the Presidential Bureau of Chancellery of the Fuehrer and Reickskanzler, Dr. Lammers; signed by Meissner; and says the letter of the 13th of last month addressed to you by the Reichsstatthalter of the Warthegau concerning the exercise of the right of granting pardon to Jews and Poles in the Warthegau, and submitted by you to Dr. Schlegelberger for his opinion, has been brought to my attention. I, therefore, stated to him in writing, a copy of which is enclosed, that he has my approval for complying with the proposals of the Reichsstatthalter in the Warthegau, and that the cases for pardon which are under question shall be in the future no longer be submitted which are requested." Then, on the same date, December 11, 1941, Dr. Meissner addressed a letter to tho defendant Schlegelberger which refers again to this request:
"In response to your letter of the 10th of this month and with reference to our discussion of this matter, and after having read the letter of the Reichsstatthalter (Reich Governor) of the Warthegau of the 13th of the last month, to Reichsminister Dr. Lammers, I herewith state that I approve of it, that henceforth submission of appeals for pardon in favor of Poles and Jews are not be taken into consideration. Therefore, in alteration of my communication of 3 September 1939 I authorize you to generally omit the appeals for pardon in favor of Poles and Jews from the monthly submitted list of cases, in which you have decided to grant pardon to those under death-sentence."
The Prosecution offers as Prosecution's Exhibit No. 358 the Document NG-137.
THE PRESIDENT: The document will be admitted in evidence.
MR. LaFOLLETTE: Next we turn to Document NG-327, which is found on page 153 of the English book, and is dated 25 October, 1942, addressed by Dr. Lammers to the Reich Minister of Justice, and it seems to tie up the position of the Gauleiters in these matters with clemency and acts by the Court; it ties up the Gauleiters with the question of granting clemency by the Fuehrer, and on 23 of October the same subject matter was covered, and these matters are considered to be secret, as disclosed by pages 155, 157 of the German book, a letter dated 27 October, 1942, signed by Meissner, required a personal expression of opinion of the Gauleiter on all matters of clemency appeal.
This was sebt by order of department IV -- initialed "W" at the very end of the document. It is dated, Berlin, 1942. Now there is a initial SCH at the bottom of that, dated 11 November 1942. We do not contend those are the initials of Schlegelberger.
The Prosecution offers this as Prosecution's exhibit 359, the document NG 327.
DR. BEHLING: There must be a mistake in as far as this document is concerned. The defendant Schlegelberger was not in office at that time.
MR. LAFOLLETTE: I believe we said that we did not contend that those were the initials of Schlegelberger.
JUDGE BRAND: Were you referring to those initials at the bottom of page 156?
MR. LAFOLETTE: Yes. The defendant was not in office in November 1942.
THE PRESIDENT: The document will be received in evidence. We will adjourn at this time until 9:30 o'clock tomorrow morning.
THE MARSHAL: The Tribunal is in recess until 0930 hours tomorrow morning.
( A recess was taken until 0930 hours, 23 April,1947 Official Transcript of the American Military Tribunal in the matter of the United States of America, against Josef Alstoetter, et al, 23 April 1947, 0930-1630, Justice Carrington Marchall, presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal 3.
Military Tribunal 3 is now in session. God save the United States of America and this honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Marshal, you will please ascertain if all defendants are present in court.
THE MARSHAL: May it please Your Honors, all the defendants are present in the courtroom with the exception of the defendants Rothaug and Engert, who are absent due to illness.
THE PRESIDENT: Let the proper notation be made.
MR. LaFOLLETTE: May it please Your Honors, we will begin with document book V-C.
On page 158, and 160 to 161 of the German, is an instruction by the defendant Schlegelberger dated the 22nd of July 1941, addressed to the Presidents of the Courts of Appeal except Prague and the Reich Governor for Bohemia and Moravia, and to the President of the Court of Appeals in Prague.
It is simply an instruction that in the future in sentences against Poles -- we won't use the words "loss of honor" or "deprivation of civil rights of honor", but simply refer to the sections of the Criminal Code.
The Prosecution offers to introduce into evidence as Prosecution Exhibit No. 360, the document NG-509.
THE PRESIDENT: The document will be received in evidence.
MR. LaFOLLETTE: Turning to page 160, the document 664-PS, the Court will recall, was introduced yesterday, as Exhibit 348.
I turn now to document NG-341 on pages 161 to 165 of the document book. In the first place, the first page of this document to be read is page 165, which is also page 165 of the German book. It is a letter from the Chief Civil Administration in Alsace to the Chief of Administration Alsace in the Department of Justice, attention of the Attorney General at Karlsruhe, on the subject of what disposition should be made of the bodies of the defendants who had been sentenced to death and executed. I think I said it was dated 1943, the 19th of March.
They do not consider it feasible to turn the remains over to the family. This could only be done if the execution takes place in the old Reich, and asks for the agreement of the Reich Ministry of Justice.
Thereafter, the Attorney General at Karlsruhe directs this letter to the attention of the Ministry; it reaches Westphal, and on page 164 the document discloses that the initial of the defendant Joel as of 12 April 1943, indicates that it was called to his attention.
The Prosecution offers to introduce into evidence document NG-341 as Prosecution Exhibit No. 361.
DR. THIELE-FREDERSDORF (Counsel for the defendant Joel): May it please the Tribunal, following the statement by the representative of the Prosecution that document NG-341 bears the initial of the defendant Joel, I have to make an objection. The initial probably does not mean Joel, but Jaeger. This misinterpretation occurred once before with another document. A comparison of the reproduced initials will show this beyond doubt.
MR. LaFOLLETTE: I don't intend that my remarks and observations should be binding. I have no reason to doubt that counsel would make a mis-statement on that subject, so that as far as the initial "Joel" is concerned, I don't contend that at all.
I still offer to introduce the document.
THE PRESIDENT: The document will be admitted in evidence.
MR. LaFOLLETTE: We next turn to document No. NG-682, which is at page 167 of the document book, 168 to 175 of the German. This covers pages 167 to 173 of the English book. This document clearly speaks for itself. It is a report of various activities with reference to the prosecution of cases.
The subject matters are:
The National Czech Separatist Movement Polish Separatism Austrian Legitimism Political Catholicism The Czech Legion Naroda Obrana Polish Separatism; and Treason in the West.
The document itself does not, on its face, disclose its source. I rely on the certificate of the document which accompanies the document and states that it is made up of extracts from reports by the defendant Lautz.
DR. GRUBE (Counsel for Defendant Lautz): May it please the Tribunal, in our document book there is no accompanying letter included which was just mentioned by the representative of the Prosecution. Also, the photostatic copy does not show any covering letter.
Apart from that, may I point out that this photostatic copy apparently consists of various reports that are compiled here. In all cases these are fragments. One cannot see any date nor from whom the document came. That this document is a compilation of various reports can be seen from the fact that for instance in this photostatic copy the pages 5 and 6 appear twice, in every case, however, in a different form and dealing with different matters. There is no information as to when this report was made and by whom, at least not from this copy. Therefore I object to the submission of this document.
MR. LA FOLLETTE: Perhaps I should make myself a little clearer. I quite agree that there is nothing in the German document book disclosing where this document consists of excerpts from a speech by the defendant Lautz. There is nothing in the English document book which shows it. There is nothing in the photostat which shows it, but there is the certificate of the keeper of the documents of OCC, which comes under the -- or rather, which certifies validity and depends upon the Coogan affidavit to some extent and the Niebergall affidavit as to where these documents came from and what they were. Originally it was in the Berlin Document Center. I pass the certificate to the Tribunal for its observation. It is the customary form of certificate.
Very frankly, I think the certificate is sufficient. If the certificate isn't sufficient, then there is nothing in this document to identify it. I have to rely on the certificate. I am offering it as Prosecution Exhibit No. 361 - 362, Your Honor.
THE PRESIDENT: There was something said about a covering letter.
MR. LA FOLLETTE: Oh, a covering letter. The translation probably came through wrong, or Dr. Grube misunderstood what I said. I am referring to the certificate which accompanies all of these exhibits -- every one of them. I have made that quite clear now, and that is the reason I went back through it. Let the Tribunal see that certificate.
THE PRESIDENT: This certificate has this expression, excerpts from reports by Lautz. What is the authority for that statement?
MR. LA FOLLETTE: Your Honor, I take the position that this Tribunal has, by its previous rulings, accepted the certificates made by this Document Center of OCC. The source of these documents comes from captured documents or documents which were found after documents had been captured. That they were original German documents or original statements found in the offices of the various ministries, I think, is clearly covered. Now, if they were and there is validity to the source of obtaining them, then I think this Tribunal is obligated to accept as valid that certificate.
THE PRESIDENT: The Tribunal will accept the document and admit it in evidence, but it must be stated at the same time that without some further evidence of its applicability to Lautz we will not so regard it, but we will accept it as having some probative value as it relates to the facts stated in the document.
MR. LA FOLLETTE: If Your Honors please, because I may be obligated to report and discuss the Court's ruling on this matter with superiors of my own, I would like permission to withdraw the document and not offer it as an exhibit under those limited conditions. I move the Court that I be permitted to withdraw the exhibit and that the ruling of the Court then be considered as not -
THE PRESIDENT: If some further evidence can be shown---
MR. LA FOLLETTE: Well, I would like to withdraw the exhibit, if I may.
THE PRESIDENT: Very well.
MR. LA FOLLETTE: The next document is Document No. 370. It runs from Pages 174 to 179 of the English book, 176 to 181 of the German book. In this connection it is more effective to read Page 175 first in understanding this document.
The Attorney General at Prague addressed a letter to the Chief Reich Prosecutor at the People's Court of Berlin asking for a ruling on the matter of posting notices in the case of death sentences in the Protectorate. That letter was dated 18 February 1942. Thereupon the Chief Reich Prosecutor on 26 February 1942 addressed a letter to the Attorney General in Prague on this subject and also apparently a covering letter to the Reich Minister of Justice. The letter to the Attorney General at Prague begins on Page 176 and 177, and the letter to the Reich Minister of Justice is dated 26 February 1942. All of this is in the document book.
I judge, by attempting to make an intelligent analysis of this thing, that Page 178 is a second sheet or a notations sheet to follow Page 174. It might be said by way of explanation that these papers are found, they are sent to translation, and the translators, not being legal men, apparently reassemble them in a way that we would not reassemble them were we to put them together ourselves. I don't think it detracts from this document for me to indicate the way I would read it. But of course it doesn't add anything to the document, either. It just makes it more understandable.
I would like to read from Page 176, a sentence that is not too long. This is probably at the bottom of Page 178 of the German book. It is a new paragraph beginning:
"On the morning after the execution of the death sentence I shall send the German text which is to be made public by posting and give the location where the criminal act has been committed through the teletype of the Gestapo to the Chief Public Prosecutor in Prague or Bruenn."
That is all I care to read. That is part of Defendant Lautz's letter. Then on Page 178 a matter marked "Note". I would like to read the second paragraph under the first note. That should be on Page 180 of the German book.
"In the case against Mecir and Vignati the Staatssekretaer Dr. Schlegelberger has authorized that for the seem expected numerous executions of death sentences against Poles and inhabitants of the Protectorate for attempted high treason, these shall not be posted up in Berlin and will also not be published in the newspapers."
The Prosecution offers as Prosecution Exhibit No. 362 the document No. NG 370.
