If I may interopolate, this is the same status of that found on Page 17 of Document Book 2.
"This article provides that persons who associate with prisoners of war are to be sentenced to imprisonment, and in severe cases to penitentiary, if these relations are of such a nature that they injure gravely the sound sentiment of the people.
"In accordance with the Fuehrer's instructions, the sentence was printed in the entire press as an urgent warning.
"Heil Hitler.
(Signed) Bormann.
The prosecution offers this document as Exhibit No. 196, and is so doing, it invites the Court's attention, merely by way of reference, back to the Lopata case. I can't give you the exhibit number any more. That was introduced into evidence last Friday. I can't give you the exhibit number at this time, but the name of the case was "Lopata." We now offer this NG-689 as Exhibit 196.
THE PRESIDENT: It will be received in evidence.
DR. KOESSL: Counsel for the defendant Rothaug. May it please the Tribunal, the point of comparison between the sentence against this woman and the sentence against Lopata is absolutely incomprehensible to me. Lopata was sentenced for violence and for resistance, and this woman, for reasons of sexual relations. This comparison is quite incomprehensible to me, and therefore I ask that this reference be stricken from the record unless the prosecution is in a position to give more elaborate reasons for this reference.
MR. WOOLEYHAN: It is offered not as a comparison but as a contrast, Your Honor.
THE PRESIDENT: I suppose, after all, the comment was more a matter of argument than a matter of evidence, so it has done no harm.
MR. WOOLEYHAN: Turning now to the next document, which likewise is a single page. It's found on Page 57 of the German. In the original, 632-PS appears to be a printed announcement in very large type, headed: "The Reich Minister of Justice, Fuehrer Information." Dated: 1942 No. 66.
DR. KUBOSCHOK: I protest against the use of this document. The photostat indicates clearly that this is not a signed document. Quite apparently, it is a draft which was never signed. The probative value of a draft which was drawn up by an anonymous person, whose identity can not be proved, is nil. Therefore, I ask that this document be withdrawn.
MR. WOOLEYHAN: I welcome Dr. Kuboschok's objection to this document because in answer thereto, I may be permitted to briefly describe just what these Fuehrer Informations are. In the first place, this is no draft, as is obvious from the photostat of the original. It is a carefully printed announcement in large type, in a somewhat formal manner. Dr. Kuboschok is right, of course, when he says that there is no signature on this document, but it is far from anonymous.
It bears the date: "Berlin, 3 July 1942," and underneath that is the statement: "Entrusted with the direction." "Entrusted with the direction of what?" might be asked. The answer to that is the letterhead, which is the Reich Minister of Justice.
As we know from previous correspondence, personally signed by the defendant Schlegelberger during his period of Acting Minister which was in fact included in this date of July 1942, he customarily signed his name as being entrusted with the direction; furthermore, this being not the first impression or original but only a copy, it is to be presumed that the original and only signed copy was sent to the addressee, namely Hitler; and the prosecution submits that the original was submitted to Hitler and that it was signed by Schlegelberger.
DR. KUBOSCHOK: If the document at any time had been signed by Schlegelberger, then of course even on the copies, by typewriter, the name of Dr. Schlegelberger - the signature of Dr. Schlegelberger would have been repeated. That is the custom in every office, and the Ministry of Justice did not make any exception as far as the management of their offices were concerned. I agree with the prosecutor that the remark: "entrusted with affairs" referred definitely to the Under-Secretary Schlegelberger, who at that time was entrusted with the affairs of the Ministry. I only maintain that from the fact that this photostat was made either from an original or from a copy, we don't know that - the fact that the name is not mentioned, only the one conclusion can be drawn, that we are confronted here with a draft prepared by some assistant. It goes without saying that Schlegelberger were presented many drafts which he has not signed. Many drafts may have been made which the man who did draw them up may have withdrawn later, and which were never submitted to Schlegelberger; but as long as we have no reference whatever to the author, not even to the author of this draft, we can not draw any conclusions from this photostat , nor any probative value as far as the intentions of the author are concerned.
THE PRESIDENT: I see the expression: "The Reich Minister of Justice." Is that the letterhead?
MR. WOOLEYHAN: That appears in the upper left-hand margin as the letterhead.
DR. KUBOSCHOK: On a stationary of that kind, of course all drafts had been made which any one of the miner assistants may have drawn up, but there is no proof whatever for the fact that a draft of this kind was actually submitted, and even less for the fact that it may have been approved or signed.
MR. WOOLEYHAN: May the Court please, do not let my statement of the word "letterhead" deceive you. This is a form, but this, we submit, is no draft. I don't believe drafts ever appeared carefully printed -- not typed -- but printed in large language comparable to that found on posters or formal announcements.
JUDGE BRAND: Can we see the exhibit?
DR. KUBUSCHOK: I must make a statement in that connection. I may help to clarify this. The large type, of course, is remarkable but that can be explained in the following way. All correspondence with Hitler had to be written with a specially manufactured typewriter. That was a requirement expressly stated because Hitler was astigmatic but, for reasons of vanity, did not want to wear glasses and therefore could be sent only very large writing and typing. Therefore, if anyone of his assistants made a draft to be submitted to Hitler, even when the draft was drawn up it had to be typed on a typewriter of that kind.
THE PRESIDENT: All that Dr. Kubuschok has said is possible but it is probable that this is an authentic document, being found among the documents that were captured and it is therefore received in evidence.
At this time we shall adjourn until tomorrow morning.
MR. WOOLEYHAN: The Court will note that it is Exhibit Number 196.
THE PRESIDENT: 197.
MR. WOOLEYHAN: 197, I beg your pardon.
THE MARSHAL: This Tribunal is recessed until 0930 hours tomorrow morning.
(The Tribunal recessed at 1635 hours, 1 April 1947, until 0930 hours, 2 April 1947.)
Official Transcript of the American Military Tribunal in the matter of the United States of America against-Joseph Alstoetter, et al, defendants, sitting at Nurnberg, Germany, on 2 April 1947, 0930-1630, Justice Carrington T. Marshall, presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal III.
Military Tribunal III is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: The Marshal will ascertain if all the defendants are present.
THE MARSHAL: May it please Your Honors, all the defendants are present in the courtroom with the exception of defendants Rothaug and Engert, who are absent due to illness.
THE PRESIDENT: The proper notation will be made.
MR. LA FOLLETTE: May it please Your Honors, I would like to start with Document 590, found on page 16 of the Document Dock 3-H; that is page 58 of the German. That is a --(To the Interpreter) Would you test the English for me a minute? (Interpreter tests sound track).
This is the document signed by Dr. Mettgenberg in Berlin, first of April 1939: "By the President of the Court of Appeal and the General Public Prosecutor, to the President of the District Court and the Chief Public Prosecutor in Hamburg. RE: Criminal Case against the former physician, Israel Leopold for race defilement."
"In the indictment of 17 October 1938 as well as in the verdict of 14 December 1938, Leopold's profession is given as a physician although his patent had expired on 30 September 1938 pursuant to article 1 of the 4th ordinance of the Reich citizenship law of 25 July 1938 (Reich Legal Gazette I, page 969). This also applies to the report of the Chief Public Prosecutor to the Reich Minister of the Interior of 6 February 1939."
I skip to the last paragraph ....
"I ask you kindly to do the necessary, and especially to take care that in criminal cases against Jews which were filed previous to 1 January 1939 the names given are rectified, as far as this has not already been done. By order: (Signed): Dr. Mettgenberg."
I offer in evidence Exhibit 198.
THE PRESIDENT: I didn't get the number ...
It will be received in evidence.
MR. LA FOLLETTE: I next turn to Document NG 144, found on page 13 of the English Book and it is found on pages 59-65 of the German Book. I read first from page 18, but it is in the beginning page 59 in the German Book. I believe I am permitted to call the attention of the Court that the document following this, which is on page 23 of the English Book, page 66-69 of the German Book, deals with the same subject matter and bears apparently the same file number -- or reference number: RK5850-B.
"Berlin, 17 April 1941. To: The Reich Minister and Chief of the Reich Chancellery. Subject: Penal Laws for Poles and Jews in the extended Eastern territories."
"I started from the standpoint that special conditions in the annexed Eastern territories also require special measures for the administration of the penal laws against Poles and Jews. As soon as the decree issued on 5 September 1939 by the Supreme Commander of the Army had introduced the special court in the Eastern territories, I tried to make those courts, with their particularly prompt and energetic procedure, centers for combatting all Polish and Jewish crime. That I succeeded is shown by the very impressive numbers of cases dealt with by the special courts during the first ten months of their activity in the Eastern territories. The special court in Bromberg, for instance, has sentenced 201 defendants to death, 11 to penal servitude for life, and 93 to terms of penal servitude amounting to 912 years in all, thus averaging 10 years' penal servitude for each individual."
I call attention to the fact that on page 22, the Court will find that this document is signed by the defendant Dr. Schlegelberger. I turn now to page 19 of the English Book which is page 60 of the German Book, and read at the top of the page of the English Book:
"The aim of creating special legislation for Poles and Jews of the Eastern territories was systematically pursued by the decree of 6 June 1940, which formally introduced the German penal law which had been applied in the Eastern territories from the beginning. In the sphere of the code of criminal procedure, compulsory prosecution no longer exists; the public prosecutor rather prosecutes only such acts which he thinks it necessary to punish in the public interest. The procedure of compulsory prosecution (articles 172 ssq. of the Code of Criminal Procedure) was rescinded, as it seems intolerable that Poles and Jews should in this way compel the German prosecutor to issue an indictment. Poles and Jews were also prohibited from raising private actions and accessory actions."
I now go to the bottom of page 19 of the English Book which, I believe, will be found on page 61 of the German Book. I begin where it says: On being informed of the Fuehrer's intention to discriminate in the sphere of penal law between the Poles (and probably the Jews as well), and the Germans, I prepared , after preliminary discussions with the presidents of the courts of appeal and the attorneygenerals of the annexed Eastern territories, the attached draft concerning the administration of the penal laws against Poles and Jews in the annexed Eastern territories and in the territory of the former Free City of Danzig.
This draft amounts to special legislation both in the sphere of actual law and in that of criminal procedure. In this connection, the suggestions made by the Fuehrer's deputy had been taken into consideration to a great extent.
I turn now to page 20, at the top of the page, which is either at the bottom of page 61 of the German Book or at the top of page 62.
It begins:
"No. 1, paragraph 3, contains a statement of facts in general terms, through which penal proceedings can be taken in future against any Pole or Jew belonging to the Eastern territories who is guilty of punishable activities directed against the German race and which allows for every kind of punishment."
On the same page of the English -- and I think of the same page of the German -- I go down about twelve lines or fifteen, in the English to a sentence beginning as follows:
"Furthermore, the ordinance admits of a wider application of the law in a manner appropriate to the requirements of the Eastern territories. (Article 2, penal code)."
"So far I have been in agreement with the opinion held by the Fuehrer's deputy on the fact that a Pole is less sensitive to the imposition of an ordinary prison sentence. Therefore, I had taken administrative measures to ensure that Poles and Jews be separated from other prisoners and that their imprisonment be rendered more severe. No. 3 goes still further and substitutes for the terms of imprisonment and hard labor prescribed by Reich law other prison sentences of a new kind, viz the prison camp and the more rigorous prison camp."
I now go to the second paragraph from the bottom of Page 21 of the English Book which should be found very close to the top of Page 64 of the German Book.
"No. XIII makes the factual special legislation against Poles and Jews and the elimination of compulsory prosecution apply also in cases where the Polish or Jewish criminal does in fact reside in the Eastern territories, but the crime has been committed in another part of Greater Germany."
I now turn to the top of Page 22 in the English Book which is still found on Page 64 of the German. I believe it is the last part of a long paragraph.
It begins "In the sphere of criminal procedure, the draft shows clearly the difference in the political status of Germans on the one side and Poles and Jews on the other.
"The introduction of corporal punishment, as discussed by the Fuehrer's deputy, has not been included in the draft, either as a criminal sentence or a disciplinary measure. I cannot agree to this form of punishment, as in my judgment it would not correspond to the level of civilisation of the German people.
"Criminal proceedings based on this draft will accordingly be characterized by the greatest possible speed, together with immediate execution of the sentence and will therefore in no way be inferior to summary court proceedings. The possibility of applying the most severe penalties in every appropriate case will enable the penal law administration to cooperate energetically in the realization of the Fuehrer's political aims in the Eastern territories.
"In charge of the office.
"Signature, Schlegelberger."
I offer to introduce in evidence prosecution Exhibit Number 199, Document NG-144.
THE PRESIDENT: It will be received in evidence.
MR. LaFOLLETTER: On Page 23 of the English Book, Pages 66 to 69 in the German Book, is found NG-130. As I previously observed, this bears the same file mark as the document which has just been introduced.
"Subject: Criminal Law for Poles and Jews in the Incorporated Eastern Territories."
This is a note dated Berlin, 22 April 1941. I shall being reading at the second grammatical paragraph on Page 23, which is found, I believe on Page 66 of the German text.
"The proposals, contained in the draft of the decree of the Minister of justice and explained in the letter accompanying it, are far reaching in compliance with the wishes of the Fuehrer's Deputy. The draft establishes a draconic special criminal law for Poles and Jews, giving a wide range for the interpretations of the facts of the case, with the death penalty applicable throughout. The conditions of imprisonment are also much more severe than provided for in the German criminal law. (Instead of imprisonment in jail or in a penitentiary -- prison camps and special prison camps). Beside this special criminal law, in a subsidiary way, the German criminal law is applicable.
(II). provisions of criminal law which might be used to obstruct the procedure, have been eliminated (the opportunity of the defendant for an appeal, compulsory indictment, the challenge of a judge, compare also article XIII, S.2.). The Minister of Justice differs only in two points from the suggestions of the Fuehrer's Deputy:
"a) The Fuehrer's Deputy considered it more appropriate to authorize the Reich Governors (and therefore also the two Provincial Presidents) to introduce the special criminal law, whereas the Minister of Justice provides for its introduction by a Reich decree.
"b) The Fuehrer's Deputy considers the introduction of corporal punishment, the Minister of Justice declines to do so."
I turn to page 24 which is probably still on Page 67 of the German Book. There is a paragraph entitled "2.)" in the margin.
"Submitted to the Reich Minister.
"This matter should be first discussed with Statssokretaer Schlegelberger. (In handwriting: Who would be ready to come to headquarters). On information of Minister Dr. Schaefer, Reich Air Ministry, Statssokretaer Schlegelberger will at this meeting also have some information of the Governor General's attitude."
Then on Page 68 there is a note "1)" which is on Page 24 of the English Book.
"A report to the Fuehrer is not to be considered. First of all, a discussion with Staatssekretaer Schlogelberger is necessary."
I offer to introduce in evidence as prosecutor's Exhibit Number 200, Document NG-130.
THE PRESIDENT: It will be received in evidence.
MR. LaFOLLETTE: Turning to Page 25 of the English Book, NG-457, which if and when we introduce it, will be Exhibit 201. This found on Pages 70 to 74 of the German Book. I begin reading at the top of the page.
"Number 93-A. Copy, Rural police, Precinct Uffenheim, Uffenheim, 2 July 1942. To the Secret State Police, State Police Office, Nuernberg, Fuerth.
"Subject: Kabinska Sofie, Polish agricultural worker in Uffenheim for behavious detrimental to the State and other charges, here, and her arrest.
"The Corporal Anton Wanner of the 1st Cavalry Reserve Battalion 17, Bamberg, at present employed with the farmer Leonard Gundel in Uffenheim, Riedmuehle, reported the following at this precinct: The Polish agricultural worker Sofie Kabinska and the Ukrainian agricultural worker Wassyl Wdowen, who are employed together on the same farm and had a love affair, demanded money from the daughter of their employer, Mario Gundel on 1 July 1942, about 21 hours. When she explained that she would first have to inquire at the Labor Office, branch office, Uffenheim, what she would have to pay, the couple approached the farmer Leonard Gundel and again asked him for money in an insistent manner.
"Gundel, an old frail man requested me to call the couple to order. I asked the couple to go to the room. The Polish woman thereupon, with her hand, hit me in the face, whilst the Ukrainian seized me. I slapped his face.
"I drew my side arm and said. 'Go away chap.' Whereupon the Polish woman tore off the combat medal from my tunic and kept it in her had. Then she went to the house entrance, picked a hoe and tried to hit me. I quickly closed the door so that she could not hit me.
"The couple then supposedly went to the police and when I too rode on a bicycle in the direction of Uffenheim, in order to report this incident to my foreman, and overtook the couple on the Reich Road 13, the Polish woman took a stone and threw it in my direction without hitting me. No further acts of violence took place. I found my combat medal again. I was especially angry about the incident because the Polish woman had torn off my medal and thus expressed her loathing for a German soldier.
"Road to, agreed to and signed:
"Signed: Corporal Wanner, Anton."
I next turn to page 27 which is page 73 of the German book.
" The Reich Minister of Justice, IV secret 24 1952/43 Please quote this file number and subject matter in further correspondence." I next go to about the middle of the page.
" In the criminal case against Sofie Kaminska and Wasyl Wdowen sentenced to death by the Special Court of Nuernberg Fuerth on 29 October 1943, I sent you herewith original and certified copy of the decree of 13 November 1943 with the request to take the necessary steps with utmost expediency." I now drop down to the last paragraph on page 27.
" Publication in the press and by poster should be refrained from. The Attorney General has obtained copy. By order, ( signature) Vollmer."
I now turn to page 28 which is page 74 of the German book and because this instrument is so obvious, I resort to that which I do not often do, to simply state what it is. It is the report of the Chief Public Prosecutor at the Court of Appeal, Nuernberg-Fuerth, that these two people were executed.
DR. SCHUBERT ( Counsel for Defendant Oeschey): May it please the Tribunal, here again we have some documents which were taken from a much larger, much more extensif file. May I point out that the page read first figures in the file as page 4 and 5 and then in the expert here presented there fellows the pages 48 and 49 of the original file. Therefore, the major part of the file is missing. Once before, a few days ago, I emphasized the difficulties which arise from the presentation such excerpts as far as the defense is concerned. Today I wish testate nothing else, but to maintain the reservation to ask for the presentation of the complete file, and I would like to emphasize once more that I do not move that the prosecution should have copies made of the entire file and present them here, but only that I, as defense counsel, should have opportunity to study the entire file.
MR. LAFOLLETTE: May I say that of course that seems to be a very reasonnable request and when it is made we will try to complete with it. In passing, though, I cannot fail to note that I have read only that evidence which appears to be most favorable to the prosecution and that the pages are included in the document only contain statements of this police officer and corroborating statement of the daughter of the farmer. There is nothing here by way of a statement of either of the defendant so that again I have no objections, but it seems that in this instance certainly where the State's case is largely stated in what is here and nothing is stated for the fense, that no great harm will be done.
THE PRESIDENT: It seems that Dr. Schubert desires to have access to the balance of it.
MR. LAFOLLETTE: Yes, I have no objection at all.
THE PRESIDENT: Are you able to assist him in that?
MR. LAFOLLETTE: I will have to check with Mr. Wooley ham and Mr. King who originally, I think, obtained this information to see wether it is still available in either the jail of the records of the court, but certainly if it is I want Dr. Schubert to have it and will be glad to render assistance. We offer this evidence as prosecution exhibit number 201, Document NG-457.
THE PRESIDENT: It will be received in evidence.
MR. LAFOLLETTE: I next turn page 30 of the English book, which is document number 672-PS. This is found on pages 75 to 79 of the German book and will be Exhibit 202 if and when introduced.
I would like to begin reading at the top of page 30 which is on page 75 of the German book.
"Der berlandesgerichtsprasident, Koenigsberg, Prussia, 23 January 1943, Schlosplatz 1, Post office 1, Telephone Number 34245, 317 - Ia352/42, this file number should be quoted in connection with all documents. Registered Mail, (stamped) Secret. To the minister of Justice of the Reich for the attention of Oberregierungsrat Ulrich or substitute: Subject: Defense of Poles before Tribunals in the incorporated Eastern territories. Decree of 3 December 1942 and 15 January 1943. I annex (my letter of 2l/l2/42 addressed to the Chairman of the Chamber of Attorneys of the Reich). The decree of 21 May 1942 states that in accordance with the order on penal justice in Poland of 4 December 1941, attorneys are not to undertake the defense of Polish persons before tribunals is in the incorporated Eastern territories. This decree has been received with satisfaction by all the judges and prosecutors in the whole of my district.
"We can disregard the question of the facts of the Poles when the war is over. Anyway it is already established, that compared with the Poles tho Germans will be the master." I now go to the bottom of the page 30 which is probably very close to the bottom of page 75 of the German.
"The Poles must feel the strong hand of the Germans; and sign of leniency would be interpreted as weakness. I may point out that, now that heavy fighting is going on on the Eastern front, the Polish resistance movement is again growing troublesome, even in the Zichenauer district which has remained quiet up to now."
I now turn to page 35 of the English text, which is page 79 of the German, "(signed) Dr. Dreager, Certified Oberlandesgerichtsrat." The prosecution offers in evidence as Exhibit Number 202 Document 672-PS.
THE PRESIDENT: The document will be received in evidence.
MR. LaFOLLETTE: We next come to page 37 of the English book, Document NG-296, which is page 80 of the German text. I would like to read all of this; it's short.
"From several parties the following circumstances have been reported to me coincidingly:
"Owing to a threatening enemy invasion, the functionaries and documents of the High Court at Koenigsberg had been removed to several places of safety. Together with the last important documents the president of the Court of Appeal, Draeger and the Chief Prosecutor, Szelinski, had gone to Stettin, I believe. From there they reported to the Reichs Minister of Justice and asked for further instructions. They were ordered by telephone to report to the Minister. There, Draeger was arrested by order of the minister. He was put on trial before the People's Court on the accusation of leaving his office, condemned to death and executed. Draeger was an excellent official to whom the jurisdiction of East Prussia owes a lot. Szelinski committed suicide, signed/ Schlegelberger."
DR. GRUBE (Counsel for defendant Lautz): Mr. President, I protest against the submission of this document and that for the following reason: The document has the date of 30/g. It cannot be seen therefrom from what year that document dates. From the remark in this folder one can see that the document allegedly dates from 30 August 1946. That is from, a time after the occupation. The document, therefore does not represent a captured document.
If this statement by Schlegelberger should be used in this trial as a valid, legal instrument, then, according to Ordinance No. 7 it has to be put into the form of an affidavit; and it can not be presented in the form of a pure statement.
MR. LA FOLLETTE: I don't understand that Dr. Schlegelberger has denied his signature; I don't hear that. It is a signed statement of Dr. Schlegelberger which, in my opinion applies to Dr. Schlegelberger. I am perfectly willing to have it introduced subject to limitations.
THE PRESIDENT: This is dated 1946.
MR. LA FOLLETTE: I don't think that makes any difference, Your Honor.
JUDGE BRAND: Was there a threatened enemy invasion in 1946? I asked was there a threatened enemy invasion in 1946.
MR. LA FOLLETTE: No, Your Honor. Here is a signed letter by the defendant Schlegelberger expressing his opinion as to the value of the services of a certain individual man whose name I have just read. As against Schlegelberger, his own statement as against Schlegelberger alone I think it is competent evidence whether there was a threatened invasion or otherwise. Obviously, there was no threatened invasion.
JUDGE BRAND: I referred to that merely as bearing upon Counsel for the Defendant's suggestion that the instrument was written in 1946.
MR. LA FOLLETTE: I can't see that that is pertinent if it was written in 1946 and signed by Schlegelberger; I think it is competent evidence against Schlegelberger, and I am only offering it against him.
JUDGE BRAND: How could it be written in 1946 if it refers to a threatened enemy invasion?
MR. LA FOLLETTE: To me it is very clear, Your Honor. It is the same as though I were to write this last year in Washington about something that happened.
JUDGE BRAND: I see.
MR. LA FOLLETTE: I offer NG-296 as Exhibit 203, and restrict it to evidence against the defendant Schlegelberger.
THE PRESIDENT: The Tribunal thinks it has probative value, and it will be received in evidence.
MR. LA FOLLETTE: I next turn to page 38 of the English book, which is NG-151. This document is found at pages 81 to 109 of the German book. This is not the worst, but it is one of the worst put-together documents that I have ever seen. In order for the Tribunal subsequently to get any benefit from attempting to read this document, I would like to offer a chronological order of reading of these pages, which I spent forty-five minutes working out first. I can offer a table prepared during the recess or at least during the afternoon and brought over, but you can not read this document with any degree of intelligence for example, there are fourteen different items in here; the first to be read is found on page 38, the next is to be found at page 65, and the last one is to be found on page 59. I will prepare this list so the members of the Tribunal will have it; I think they must have it, and I will furnish it to them.
THE PRESIDENT: I think that would be the better practice.
MR. LA FOLLETTE: I am sure that Defense Counsel understand what I am doing; I am simply trying to make this thing intelligent.
I am at page 38. This is "Direct. Reich Chancellory, carbon copy, Berlin, 3 August 1942; Reich Minister of Justice; Urgent letter; to the Reich Minister of the Interior, Reich Leader SS," and I will not read the other persons to whom it is addressed. "Re: Restriction of legal rights for Jews in criminal cases. 1 Enclosure. Enclosed I submit the draft for an ordinance concerning the restriction of legal rights for Jews in criminal cases with the request to state your opinion in regard to it.
"I have emphasized the importance in war of this ordinance, because it indirectly serves national defense." I should like to read that sentence again:
"I have emphasized the importance in war of this ordinance, because it indirectly serves national defense. The dissatisfaction which is apparent in wide circles of the German population with regard to the fact that legal rights in criminal acts are still afforded to Jews and that they are still given the right to appeal to the courts in cases of sentences inflicted by the police is liable to weaken the determination of the German people to defend itself in this contest which has been imposed on it."
Signed : "By Order: Dr. Freisler".
I now turn to pages 42 to 45 of the English book, which are 85 through 88 of the German book. "The Reich Minister of Justice commissioned with the management of affairs; Berlin, 13 august 1942; to the Reich Minister for Popular Enlightenment and Propaganda, in Berlin, and dated 13 August 1942; Re: Restriction of legal rights for Jews."
I have not read extensively this morning, and I hope the Tribunal will indulge with me while I read this:
"I thought of meeting at first the most urgent need within the compass of my sphere of activity, viz.