under Thierack. I continued in this position until I left the Ministry in December 1943. Afterwards I acted, until the end of the war, as a Notary in Hamburg.
" I have read the foregoing deposition consisting of two pages in the German language, and declare that it is the full truth to the best of my knowledge and belief, I have had the opportunity to make alterations and corrections in the above statement. I made this declaration voluntarily without any promise of reward, and I was not subjected to any duress or threat whatsoever.
"Nurnber, Germany, 12 February 1947.
"(Signature)Curt Rothenberger."
The prosecution now offers Document NO. NG 802 as prosecution's Exhibit No. 53.
THE PRESIDENT: There being no objection it will be admitted in evidence.
MR. LA FOLLETTE: The Prosecution, for its Exhibit 54, will offer at this time Document NO. NG-605. I want to state, particularly for the benefit of Counsel for Dr. Rothenberger and Joel, that this document is a photostatic copy of the printed speech which we started to offer last week in that celebrated list of Exhibit 47 which went on indefinitely. As I understood it, the Counsel merely asked to be advised as to the source of this document. I now state that after an investigation made by a German speaking and reading lawyer on the Prosecution's Staff that the original of Document No. 605 is found Deutsche Justiz, 1943, on page 402. The Prosecution offers as Exhibit No. 54, Document No. NG-605.
THE PRESIDENT: On what page -
MR. LA FOLLETTE: I beg you Honors pardon, that is on page 20 of Book L-A.
THE PRESIDENT: There being no objection, it will be admitted in evidence.
MR. LA FOLLETTE: The Prosecution would like to offer as Exhibit 55 Document NG 852, which is a separate document. It being the biographical affidavit of Wilhelm von AMMON. It is not in the book, but it was delivered to the Defense Center:
"I, Wilhelm von Ammon, latterly Ministerial Counsellor in the Reich Ministry of Justice, swear, state and declare:
"I was born in Memmingen on 17 March 1903."
I do not think that I will, in any way, prejudice the defendant Dr. Ammon if I skip that part of the affidavit which deals with his legal training and education. I now start with the paragraph.
"I entered the NSDAP on 1 May 1937, I do not know my party number. I belonged to the SA, at the end as Scharfuehrer. I had joined the SA in December 1933. The only decoration I obtained was the SA sports badge. I was also a member of the NS jurist's league, the German Civil Servant's League, the NS Welfare Organization and the ARP League. I never served in the Wehrmacht as I was given indispensibility status for legal work.
"My career was as follows:
"From I November 1938 to 1 March 1929 I worked as assistant judge (Gerichts-assossor) (auxiliary clerk-Hilfsreferent) in the Bavarian State Ministy of Justice. On 1 March 1929 I was appointed Third Public Prosecutor and on 1 September 1930 Judge of the local court in the Bavarian State Ministryof Justice. My activity during those years remained that of an auxiliary clerk in the Ministry.
"After my appointment as Senior Public Prosecutor on 1 December 1923 I was called to the Reich Ministry of Justice with affect from 1 January 1935 in the course of the standardization of the administration of Justice. I became Landgerichtsrat there on 1 February 1935 and Landgerichsdirektor on 1 July 1937. My main activity in the Reich Ministry of Justice at that time concerned questions of international legal usage in penal matters. After the Austrian Anschluss I was also temporarily used in 1938 as liason officer department III (penal matters) with department VIII (Austria) of the Reich Ministry of Justice. I was consultant in the department for the administration of penal law under Ministerial Director Crohne. On 1 January I was transferred to the Munich Court of Anneal as Oberlandesgerichsrat. I remained there until June 1940. Then I was recalled to the Reich Ministry of Justice. With effect from 1 March 1943 I was promised Ministerial Counsellor. I retained this rank until the end of the war. From 1942 onwards I dealt mainly with Nacht and Nebel cases in the occupied territories. In my capacity as consultant for Nacht and Nebel cases I made several duty trips to the occupied territories and took part in discussions in Paris and Holland which dealt with questions of Nacht and Nebol proceedings.
"I have read the above statement in the German language and declare that it is the full truth to the best of my knowledge and belief. I have had an opportunity to make changes and corrections in the above statement. I have made this statement voluntarily, without any promise of reward and I was not exposed to any threat or duress.
"Signature: Wilhelm von Armer. Nurnberg, 25 February 1947."
The Prosecution introduces in evidence, as Prosecution's Exhibit No. 55, which is NG Document 852, a separate document.
THE PRESIDENT: It will be received in evidence.
MR. LA FOLLETTE: The prosecution would like next to introduce as its Exhibit No. 56 the affidavit of the defendant Guenther Joel, which is document 915. I have at the podium a receipt signed by Lieutenant Garrett-two receipts--showing that sixteen German copies and four English copies of this separate document were receive in the Defense Center at 9:20 a.m. on the 8th of March, I hope they have been distributed.
I will proceed to read from the document:
"I, Guenther Joel, formerly General Public Prosecutor, was born on 19 April 1903 at Cassel."
I will now not read the legal training material which is contained in the affidavit. I will be in at the sentence which is the seventh sentence down in the English translation. It be ins:
"I joined the NSDAP in May 1933. I never received a membership book and I therefore do not know my Party number. I held no position in the Party. I neither belonged to the SS nor to the SA, but since 1938 I belonged to the SD with the rank cf Oberstumbannfuehrer. I held this position in an honorary capacity. I received no decorations. I also belonged to the National Socialist Jurists' Association (NS-Rechtswahrerbund), the National Socialist Colonial Association (NS-Kolonialbund) and the National Socialist Welfare Organization (NSV). I did not serve in the Wehrmacht, as I was exempted from military service by the Ministry of Justice. My professional career is below:
"In 1931 I became assistant judge (assessor) with the prosecution in Cassel and temporarily at Hamm. From August 1933 until August 1943 I was working in the Reich Ministry of Justice in Berlin. In the year 1938 I was promoted to Chief Public prosecutor after having previously been Senior Public Prosecutor. In the Year 1941 I reached the rank of Ministerialrat. In 1943 I was assigned as General Public Prosecutor with the District Court of Appeal at Hamm-Westphalia and remained in this position until the end of the war. My duties since 1931 Consisted of dealing with criminal cases.
"I have read the above statement, consisting of one page in the German language, and declare it is true and correct to the best of my knowledge and belief. I was given the opportunity to make changes and corrections in the above affidavit. This affidavit was given or me freely and voluntarily with out any promise or reward and I was subjected to no compulsion or duress of any kind."
Signature: "G. Joel." In handwriting: "Nuremberg, 6 March 1947."
The prosecution offers Prosecution Exhibit 56, which is document NG-915.
THE PRESIDENT: It will be received in evidence.
MR. LAFOLLETTE: I would like to turn to page 76 in English book 1-B, which is page 91 of the German text. It is page 76 of Document book 1-B, page 91 of the German document book 1-B.
THE PRESIDENT: Isn't that a part of Exhibit 39 already receive?
MR. LAFOLLETTE: Yes. I want to read just shortly from that Exhibit, which is already inevidence. Am I correct on the pain? It is the paragraph numbered 12.
THE PRESIDENT: Will you give us the exhibit number again, please?
MR. LAFOLLETTE: It is Exhibit No. 39, Docunent 654-PS. I might say that Exhibit 38, which was NG-059, referred to a meeting on the subject of judicial reform, and the document 654-PS, which is Exibit 39, is the minutes of that meeting. I read from this document last Thursday, I believe. I would like to read one paragraph, paragraph 12, on page 76 of the English book, page 91 of the German books.
"The Reichsfuehrer of the SS pointed out as reliable SS Obersturmfuehrer Reichsgerichtsrat Altstoetter, at present ten active service as a Major, and also Langerichtsgraesident Ste p; he designatid as unreliable Generalstaatsanwalt Jung in Dresden."
If Your Honors please, Mr. King will continue.
MR. KING: I would like to call to the Court's attention a discussion we had on last Friday in connection with the introduction of document NG-440, which became Exhibit No. 43. It will be recalled that one of the counsel objected to the introduction of that document because there was no indication as to the source, or it wasn't particularized in the sense that an individual's name was attached to it.
I pointed out at that time that the initials "K.M." appeared on the document, and that we felt, from evidence in our possession, that those initials "K.M." undoubtedly referred to the defendant Klemm, but that in that connection we would shortly introduce an exhibit which would clarify, not only for the Court but for the defendants as well, the signatures, or initials, about which, from time to time, there may be some doubt.
This morning we have that exhibit ready for presentation, I do not believe that it appears -- in fact, I know it does not appear in the document books. However, distribution was made of NG-886 to the Defense Information Center on the 8th of March, and we have a signed receipt in our possession for that.
May I inquire, does the Court have copies of the document NG-886?
JUDGE BRAND: What is the number?
MR. KING: It is 886.
THE PRESIDENT: If it does not a pear in the document book, there is no question of the exhibit being submitted to us?
MR. KING: I have three copies here, which I would like to call to the attention of the Court now. The counsel for the defense have received copies of this document. It will not be necessary for the translators to have a copy of is because we are not going to read into the record any portion of it.
As the Court will observe, on Page 4 of that document, the lefthand column, third initial down, is that of Klemm. That is the same initial which appears on Exhibit 43, NG 440, about which the discussion arose the other day.
JUDGE BRAND: Will that be given an exhibit number?
MR. KING: In order that prosecution counsel may satisfy themselves as to the similarity between the initial of Klemm in Exhibit 57 and the initial of Klemm in Exhibit No. 43, the Prosecution wonders if we may have recalled for purposes of examination by defense counsel Exhibit No, 43, to be returned immediately to the Court.
MR. LA FOLLETTE: What we are requesting, Your Honor, is that the Court ask the Secretary General to return into the courtroom Exhibit No. 43, which was Document No. NG 440 so that Dr. Schilf may have the opportunity of comparing the signature with that which is on it.
MR. KING: The Prosecution now offers NG 886 as Exhibit No. 57.
THE PRESIDENT: We hear no objection. It may therefore be admitted,
MR. KING: The Prosecution would like to refer again to NG 199, which is to be found on Page 123 of Document Book B. The question of NG 199first came up last Friday when it was attempted on the part of the Prosecution to introduce it as, I believe, the first in the series of the illfated Exhibit No. 47. The defense, as the Geurt will recall objected to a part of that document, since in their views the decree, which is the first part of that document seemed to hear no official signature, and I think perhaps they questioned also whether, in fact, it had ever been published. The Prosecution this morning would like to introduce NG 199as Exhibit No. 58 with the exception that the first three pages, which concern the controversial, decree, not be offered in evidence.
I would like to begin reading from this document on page 126 in the Document Book, a letter dated Berlin, 20 October. In the English book that is the -
THE PRESIDENT: It is not coming through, apparently.
MR. KING: Have the translators found the page? It is a letter dated October 20, 1942; and it is addressed to the Reich Minister of Justice and Chief of the Reich Chancellery.
I am informed from the Prosecution table that document, that particular document; does seem to be missing from the German book. I think in view of that then that we had better dispense at the moment with the introduction of that and go on to the next document.
I note that NG 440 has come into the courtroom; and I would like at this time to turn it over to defense counsel for their perusal; subject to return as soon as possible to the Secretary General.
As Exhibit No. 58 the Prosecution would like to introduce Document No. NG 604; which is to be found in the English Book on Page 146, Book B Document Book 1.
First may I anticipate an objection on the part of the defense. We note that NG 604 , as in the case of NG 605 does not have the source indicated on the face of the document. We have checked that and find that the source of this document is "Deutsche Justiz" 1943; Pages 365-366. I would also like to point out that we do not off in evidence the first two paragraphs on Page 146, the two paragraphs preceding the heading in the middle of the page "Reports and Communications." Those two paragraphs were inadvertantly mimeographed and should be stricken. Beginning in the middle of the page under the heading; "Reich Minister Dr. THIERACK introduces two wearers of the Knight's Cross into their office as Presidents of Court of appeals. "On July 9th, in the courtroom of the District Court in Nuremberg, the solemn introduction into office of the new President of the Court of Appeals; Dr. EMMERT; by Reich Minister Dr. THIERACK took place. Deputy Gauleiter Karl Holz along with numerous leading representatives of the Party and its organizations; of the Reich- and Municipal Authorities as well as of the Wehrmacht, participated in the ceremony. In his introductory address the Minister pointed out that the German people was deeply convinced that the struggle for existence against Bolshevism and the Western plutocrats was a legal struggle in the truest sense of the word and that is why the people had also the inner strength to go through this severe test to the victorious end.
He stated that the German administration of justice and an important task in this connection; for it had to prevent conditions similar to those we know from the years 1917/18 from reappearing at any time. It was, therefore, the task of the judge and public prosecutor, he said, to see to it that justice prevails among the people, and order and discipline be maintained:
"Reich Minister Dr. THIERACK continued that the goal of the national socialist legal viewpoint was to eliminate completely from legislation and administration, of justice alien legal conceptions and to place again in the centre of judicial life the personal values of man: Man is what matters and not the cause. That is why the judicial leadership, when appointing high officials, has to examine whether the person in question is not only a legal expert but a fighter filled with the national socialist ideology, a born leaders. In the case of Dr. EMMERT, this prerequisite, in his opinion, was fulfilled in every respect, for this is proven by the former's vocational and political career which in his military test, has found supreme recognition by the bestowal of the Knight's Gross. The Minister then handed Dr. EMMERT the Fuehrer's letter of appointment and expressed his most hearty congratulations ."
Two paragraphs down, beginning -- three paragraphs down, the second, paragraph from the bottom in the English translation:
"In a brief speech President-in-chief Dr. Emmert said that the front line experience had put him under special obligations in the fulfilment of his duties, and that he would look after his staff with the commander at the front. In turn he expected fulfillment of duty and loyalty from his staff as well as the utmost willingness to serve. In that case a national socialist administration of justice withing the jurisdiction of Court of Appeals in Numbers would be gauranteed."
One additional excerpt which is to be found in the middle of Page 148 in the English text, beginning six lines above the notation in the middle of the page which reads "(page 2 of the original)":
"Dr. Emmert was a member of the National Socialist -- " Page 154 in the German text.
"Dr. Emmert was a member of the National Socialist Party once before in 1923 and took part in the march to tho Foldherrnhallo then. He is a member of the S.A. and holds the rank of an S.A.-Standartenfuehrer In the National Socialist Jurist's League he was for a long time Gaupressewart, and, simultaneously with the appointment as President of the Court of Appeals Reichminister Dr. Thierack has appointed him Gauwalter of the National Socialist Jurist League for the Frankonia Gau."
The Prosecution offers in evidence, with the deletions noted at the beginning, the top two paragraphs on Page 146 of the English, as Eshibit No. 58.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Exhibit No. 59 the Prosecution wishes to introduce in evidence the document NG 293 which is to be found beginning on Page 104 of English Document Bock 1, Section B. I note that the order in the German Document Book is not the same as in tho English. However, all of the pages are there in the German book, and I think with the proper reference as we go along we can have the translators follow us. As to the evidentiary value of the document, the reversing or changing of an order does not affect it so far as the Prosecution is concerned.
On page 104 in the English book, Page 118 in the German book. A letter from the Deputy Fuehrer dated Berlin, 26 February 1935, addressed to the Reich and Prussian Minister of Justice. Beginning with the first paragraph we would like to read the entirety of that letter.
By your circular of February 8th all judicial authorities were notified to get into touch with the Racial-political Office of the NSDAP by mediation of the Ministry in all questions regarding the publication of judgments in the sphere of Penal and Family Law relative to racial-political problems.
It has been discovered that repeatedly disagreeable propagandastic consequences have arisen through the reprinting of factual information or discussions from legal publications in the daily press.
In this way a re-print entitled "Castration can be ordered also against aliens," published in the Gazette of the Supreme Court, has appeared for instance in the Frankfurter Zeitung, although the interpretation of a decision of the Supreme Court by a daily paper is politically undesirable for the moment. According to the Ministry of Propaganda, however, no legal objection can be made against this re-print, as the Frankfurter Zeitung is entitled to do so in its capacity as subscriber of the gazette of the Supreme Court.
In another case a judgment of the Hereditary-Health Court in Frankfurt a/M, which was justly criticized in the "Deutsche Justiz." I might say parenthetically there that the English translation says "German Justice," but that is, as the German text will show, the German publication to which we have referred as "Deutsche Justiz." To continue:
"--has been discussed by a large part of the home press. This discussion was carried out in a formal, incontestable manner with a pronounced tendency against the preventative law against progeny with hereditary disease. The propaganda effect of these detailed discussions about the limits of our duty for sterilization must foreibly be prejudicious, if carried out in the daily press, the more so as just in this sphere there are signs of a continually increasing counter-propaganda based on confessional and ideological reasons.
"In accordance with the Ministry for Propaganda I, therefore, consider necessary an immediate restriction of the right of reproduction and re-print as soon as it concerns racial political discussions in legal papers.
"I should appreciate information resp. a conference about the possibilities to stop this grievance which still exists for the moment.
Heil Hitler (signed) CROSS " The next letter in the English translation which appears on Page 106 appears, according to my information, on Page 114 of the German book.
THE PRESIDENT: Are you Introducing No. 59?
MR. KING: The letter which I am about to read, Your Honor, is a continuation of the Exhibit No. 59. 59 consists of several letters. This is a letter dated Berlin, December 11, 1934, and it is from Dr. Gross. It is addressed to tho Minister of Justice, in which he says:
"Referring to the enclised copy, I consider it necessary to have a consultation in regard to the cooperation desired by the deputy of the Fuehrer and request information as to when a conference with the Secretary of State or a gentleman delegated by you would be possible.
Signed Gross."
The "enclosed letter" to which he refers is found on the next page in tho English book 107 and is found in the German book on Page 115. I will not read the heading. Beginning with the first paragraph:
"Several events during the last days have proved that in the treatment of racial questions the necessary harmony has not yet been obtained in the attitude of all authorities, and that, in particular, the effects on foreign politics are frequently not taken into consideration which any measure and announcement must make in this sphere.
"I, therefore, ask all Reich and State-authorities to get into touch with the Party Office of Racial Policy of the NSDAP," then follow the street address and telephone number before issuing any decree of announcements and measures in the sphere of racial policy; the chief of said office is responsible to me for the unification of the opinions and measures in this sphere."
This is signed: "R. Hess."
MR. KING: The next letter in this series will be found on Page 108 of the English text and Page 116 of the German Text. It is a covering letter to the Racial-Political Office of the NSDAP. The paragraph to which we wish to call attention is as follows:
"Enclosed please find a copy of the letter of the Fuehrer's Deputy dated 25.5.1934 for your information and attention. Verdicts in the sphere of Penal and Family Law about racial-political questions will concern Justice in particular.
"It is requested that all announcements and measures which are to be published be forwarded to the Racial-Political Office of the NSDAP through my mediation."
The next and last letter in that series will be found on Page 109 of the English text and Page 120 of the German Text.
This is a letter dated Berlin, March 13, 1935. It is addressed to the National Socialist German Labor Party, Racial-Political Office. It is entitled "Publications relating to racial-political matters."
The first paragraph reads:
"Referring to the conversation about the matter between your officials and the chief of my press-service I wish to indicate my opinion in regard to your letter of 26.2 as follows:
"My Reich degree dated 8.2.25 - ZSa. 12183 - which has been addressed to all interested judicial authorities of the Reich and brought to the attention of the Racial-Political Office stipulated that in the sphere of judicial matters there will be no publications of any sort concerning racial-political questions which have not been submitted to the Racial-Political Office or to me beforehanc This measure will still apply more so, once the establishment of the pressservices at the Supreme Court and at the courts of the non-Prussian states, which is under way, is carried out.
"Therefore it will be possible in the future to prevent the publication of a decision of racial-political contents in periodicals of legal character and in the daily press, if any objective considerations against their publication should exists. On the other hand, it will be possible this way to add a certain commentary to a decision designed for publication.
"Under these circumstances I believe to be able to dispense with further measures at present. I especially do not wish to interfere for the moment in your suggested limitation of the right to re-print extracts from judicial periodicals.
"Should the future prove that the proceedings are not adequate to eliminate the encountered grievances, further measures would have to be taken."
It is initialed for the signature of Gaertner.
There follows on Page 110 of the English Text, and Page 112 of the German Text, a handwritten note in Gaertner's handwriting which we would like to read.
"1.) The author of this letter, Dr. Gross, introduced himself to me in person and asked to get into touch with him when publishing racial-political matters. In his opinion, such disclosures in the domain of the administration of justice should occur very seldom, could, however," occur once in the sphere of the Penal and Family law.
"I promised him to inform the press advisor accordingly."
That is, as we said, signed by Gaertner.
The Prosecution would now like to introduce as Exhibit Number 59, the Document NG-293.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Prosecution Exhibit Number 60, the Prosecution will introduce Document NG-306 which is to be found on Page 111 of the English Text.
This is a letter dated Berlin, 6 August 1938, from the Reich Minister of Justice to a number of courts and to the Directors of the Court Press Relations. Its subject is, "Publications on Racial Policy." I would like to read this letter in its entirety.
"I have sent a letter from the Fuehrer's Deputy dated 25 August 1934 concerning proclamations and measures taken in the field of racial policy, in circular form dated 8 February 1935 to the higher authorities of Justice for information and attention. This circular was also forwarded with an enclosure to the Directors of the Court Press Departments as a circular dated 18 June 1935.
"In agreement with the Fuehrer's Deputy and the Minister of the Interior I would like to state that the directive of the Fuehrer's Deputy dated 25 August 1934 is revised by the issue of the Nuernberg Laws and the subsequent legislation as far as the respective problems of racial policy are definitely settled by these laws and decrees.
The instructions issued by the Fuehrer's Deputy on 25 August 1934 fully apply to all other problems of racial policy, especially if the juridicial position of Jews and half-Jews in other fields has not yet been finally clarified legally. Therefore, my circulars dated 8 February and 18 June 1935 remain in force in this respect as well.
"The general directions concerning the elimination of detrimental effects of racial policy on the foreign relations of the Reich, as stated in the confidential circular I a 3662/35, dated 17 June 1935 still remain valid."
This letter is signed by the Defendant Schlegelberger.
There follows on Page 112 in the English text another page in this document NG-306. We do not wish to read from that. We now offer as Exhibit Number 60, the Document NG-306.
THE PRESIDENT: There being no objection, it will be received in evidence.
MR. KING: The Prosecution now offers Document NG-478 which is to be found on Page 165 of the English Text, Document Book, 1-B. This will become Exhibit 61. This is a letter dated Berlin, 5 July, 1943 from the Reich Minister of Justice to the Presidents of the Appelate Courts and Chief Public Prosecutor.
It is entitled "Relief of the Special Courts."
"The following has been discussed here:
"Special Courts were established by the decree of 21 March 1933 as a keen weapon for the conviction of political criminals. Their jurisdiction was initially limited to crimes and delicts as defined by the decree of the Reich President concerning the protection of the people and state as well as in the "Law concerning insidious acts against party and State. By the decree on the extended jurisdiction of the Special Courts as of 20 December 1934 and through a series of subsequent laws the functions of the Special Courts were steadily increased. The decree of the 20 November 1938 then made it possible to bring before the Special Court such cases in which immediate action by this court seemed necessary in view of the severity and the vileness of the deed or of the excitement aroused in public. After the outbreak of the War, by the decree of 21 February 1940 concerning concerning court jurisdiction there was established exclusive jurisdiction of the Special Court for a series of offences, in particular for crimes and transgressions covered by the War Economy Decree.
Thus the amount of work accruing to the Special Courts increased extraordinarily during the last years, especially curing the war. Practically all somewhat important criminal cases are now under the jurisdiction of the Special Court."
We would now like to skip down to the paragraph headed "3)" which is to be found on Page 166 in the English text:
"The strong increase of the number of Special Courts had brought about that, due to the scarcity of apt condi***tes, the selection of judges officiating in these courts could no longer be carried through carefully as it was done in the first years. While, in principle, only professionally and in particular politically highly qualified judges were supposed to work in Special Courts the increase of positions made it necessary to draft judges frequently from criminal courts and civil sections who hardly were up to the required standards. Quite a number of judges in the Special Court are not even members of the Party."
The next and last excerpt from to document which the prosecution would like to read begins on page 168 of the English text. I will try to identify the particular section we want to read for the benefit of the translators. That is to be found in the German text on page 173, beginning 11 lines from the bottom of the page. In the English text, it is the beginning of the second sentence in that paragraph.
"Through the sentences as suggested by the prosecutions, through judges' letters and through directing of the criminal procedure care has been taken that Local and Criminal Courts are *** integrated into the framework of Special Court jurisdiction. Thus, ****stance, minor cases of illegal slaughtering, intercourse with Prisoners ****ar etc, could be transferred. If the Penal Courts were continuously entrusted with these matters, then they would also develop a uniform experience, which as yet is not possible. As a further means of relief, according to the present state of legislation, a directive to the Public Prosecutors is suggested with the purpose that all minor cases should be prosecuted before the Penal Court and not before the Special Court. Only political and really important cases arousing public excitement should be reserved for the Special Courts."
The prosecution now offers as Exhibit 61, the Document NG-478.
THE PRESIDENT: It will be received in evidence, and the Tribunal will recess at this time until 1330 hours, 2:30 this afternoon.
MR. LAFOLLETTE: If your Honors leaw, may I address the Tribunal a minute before the recess? I am actualy addressing the Tribunal to make a request of defense counsel. The request, I assume they need, not comply with if they feel it will affect the defense of their clients, nor will there be any feeling, on my part that there is an obligation that they should; but if we can make progress, I will state my motion.
On page 26 of the German book 1-B, Page 25 of the English book, Document 1964-PS, we discovered that there was a full line left out of the transcribing of the German text. That is a short decree, and today we have delivered, together with the other documents I will mention, to the Defense Center, a correction of that page which involved only the inclusion of a mine which I think the translator can give. The thought left out of the German book is this: "To establish a National Socialist Administration of Justice." That line does not appear in your German text, not in the original. That is the correction which is being made.
On page 141 of the English, which is 147 of the German, we have sent to the Defense Center this morning at 9:15, a corrected copy of Document 2967-PS, the English book contained the translation of the correct document. It was an affidavit of Hans Anschuetz. In some way or partner, the affidavit in the German text is a man whose name begins with Heinz something as recall it. Now that is rather extensive possibly, anyhow this been delivered.
If counsel in any way feel that they have been injured and have not had time to read that, I shall not, as I say, have any right to insists.
Again on page 118 of the English text, which is page, 132 of the German text, and Dr. Kuboschok this will concern you primarily, in the document in the English text is a letter signed by the defendant Schloaelberger on the 2nd of December 1941. I am informed some way that a medical case document got into the German book bearing the number 218. That corrected document has been sent to the Defense Center. I make this statement now so that perhaps if defense counsel feel that-- I can't determine their feelings and they have a right to make their own decisions--if ultimately they feel what any or all of these documents, notwithstanding the 24 hours rule, have been available to them, so that they can permit us to proceed without affecting adversely the rights of their clients, I may late this afternoon be asked to put those in because it will clear up the orderly introduction of the evidence.
I wanted to make that statement at this time and I thank you.
THE PRESIDENT: During this recess, it may enable you to clear that matter up this afternoon.
JUDGE BRAND: May I ask a question?
MR. LAFOLLETTE: Of course, I did not insist at all because I am asking for a waiver of the 24 hour rule.
JUDGE BRAND: You're not suggesting that there is an error in the English text?
MR. LAFOLLETTE: The English text is right. The German book is in error.
THE PRESIDENT: We will recess then until 2:30 this afternoon.
(A recess was taken until 1430 hours.)