In the same affidavit, Blobel admits that not only men but also women and children were shot by Sonderkomnando 4-A when he was in command. C which was, as he says, then under Rasch. One execution was carried out by means of this gas van. He admits in paragraph B of the affidavit that Sonderkonmando 4-A participated together with the group staff of Einsatzgruppe C in the Kiev massacre but stated that the number of the victims given in the various reports is 33,771 is too high and claims that only approximately half as many persons were killed. some of the killings and he Was often absent from his unit for reasons of health. During the time of his absence, either Rash or Radetzki were in command of Sonderkommando 4-A and some executions were carried out under the command of these two defendants. an affidavit of the defendant Radetzki which I offer into evidence as prosecution Exhibit 132. On 27 of the German, I refer to page 21 of the document book, in this affidavit Radetzki declares that he was officially informed of the fact that Sonderkommando 4-A participated in execution and that Blobel ordered the execution. The affidavit of the defendant Steimle which is in Document Book III-B on page 39 of the English, 64 of the German, Document NO-3842, prosecution Exhibit 119, reveals on page 40 of the document book, the shooting of Jews and other atrocities were carried out in the Ukraine by Blobel. blatant and unmitigated rogue, There is conclusive evidence that the persons connected with Einsatzgruppen were well aware of the criminal nature of this activity Gruppenfuehrer Mueller, the chief of Amt 4 of the RSHA, which was the head of the Gestapo, assigned to the defendant Blobel in June 1942 the task to remove the traces of evidence of the mass killings by the Einsatzgruppen by burning all the corpses of the victims of these units.
Document NO-3947. That is on page 22 of the German - an affidavit of the defendant Blobel which I offer into evidence as prosecution Exhibit 133, Your Honors.
DR. HEIM: Dr. Heim for the defendant Blobel. Your Honor, I object to the submission of this Document NO-3947. It is an affidavit of the defendant Blobel of the 18th of June, 1942. I object to this because this document is irrelevant to the evidence. The affidavit of the defendant Blobel related to his activity after he was active as a leader of the Einsatzgruppe E, of the burnings of the corpses of the mass graves in the East; neither in the opening speech nor in the speech by the prosecution did the prosecution refer to this. This is a completely new point of view which is not liable to punishment because this refers to the burning of corpses which were not executed by the defendant Blobel.
THE PRESIDENT: The prosecution is not restricted to what is mentioned in the opening statement. The purpose of the opening statement is merely to acquaint the Tribunal and the office at side with the general nature of the evidence which will be presented so it doesn't matter that it was not mentioned in the opening statement. It would be impossible in the opening statement to include all items of proof and any evidence which refers to a defendant whether it specifically points out some item in the indictment or not is relevant. The objection is overruled.
MR HORLICK_HOCHWALD: I offer this document NO-3947 as Prosecution's Exhibit No. 133, Your Honor. In this affidavit Blobel admits that he received this assignment from Mueller. He also stated that he went in June 1943 to Kiev, and was present at the burning corpses and destruction of the mass graves, he was not in a position to carry out this task as the German troops had to retreat and to abandon the area in which the mass graves were l ocated, and, in this affidavit Blobel corroborates that statement of the camp commander of the Auschwitz concentration camp, Hoess. English, page 25 of the German, as Document NO-4498, and I offer it as Prosecution's Exhibit No. 134.
DR. HEIM: Dr. Heim for the defendant Blobel. Your Honor, I object to the introduction of this affidavit of this evidence. It is not an affidavit which is either sworn to nor certified to, nor signed by any Allied Officer, I point out that this document had already been introduced before in case 4 by the Prosecution, and on that occasion, on my intervention, this document was not admitted in evidence by the Tribunal.
THE PRESIDENT: Where was this document obtained?
MR. HORLICK*HOCHWALD: Your Honor, sofar as I do know this is a deposition of Hoess who was condemned to death by the Polish War Crimes Court before the Polish judge, but sofar as I do recall, I am not sure, but I can make certain this document or at least a part of this document was admitted in evidence in the Pohl case, but I am not certain.
DR. HEIM: Your Honor, at the time in the Pohl case, just in regard to the defense of the defendant Blobel, I objected to this document, and this document was refused.
THE PRESIDENT: We will admit the document only provisionally, and Dr. Heim will be permitted to renew his objection when his client takes the stand.
MR. HORLICK-HOCHWALD: Yes. I further would like to offer a document in corroboration of this proof, and I turn to Document Book III-C, page 19, Your Honor, Document NO-4467, which I offer as Prosecution's Exhibit No. 135. It is on page 26 of the German. This is a corroborative report of one SS-Untersturmbannfuehrer Jackel, which refers to the same subject of which the gentleman has been soeaking. The affidavit of the defendant Schulz. This is in Document Book III-C, on page 60 of the English, page 98 of the German, and Document NO-3841. It was admitted in evidence as Prosecution's Exhibit No.130 It states that Blobel had the task of removing traces of mass graves of killed persons. Blobel's membership in the SS and the SD is proved by his personnel record, Which is in Document Book III-C which is on page 11 of he English, and page 1? of the German, Document NO-3197which I offer as Prosecution's Exhibit No. 136, This document shows that he entered the SS and SD in 1935.
DR. HEIM: (for defendant Blobel.) Your Honor, I object to the introduction of this document in this form. You can not sec from the copy what is being printed, or what was later written inhandwriting and - or on the typewritten, and the Tribunal may easily get the Impression that, for example, that the defendant Blobel is holder of the blood badge. In the middle of the document it says "blood bagde" and it can not be gathered from this whether the word "blood badge" is printed in there, or whether the word was later put in there.
THE PRESIDENT: Would you not on comparison with the photostatic copy resolve that question?
DR. HEIM: Your Honor, yes, it would, but in the courtroom it is not known what was actually put in by hand on the copy, what Blobel said, what position he held, and what actually was printed in that form. For example it is printed, "Decoration blood badge. Gold party Badge." You could get the impression that Blobel, certainly held all of these decorations, Sofar as I can see, the Prosecution would have to make a special remark -- a written remark about this.
THE PRESIDENT: Well, solong as the document before us is a copy of what appears in the original document, it does not matter what impression is gathered from it. The impression will have to be whatever logic compels. Your objection can only go to whether the document is relevant, whether it is authentic, and, whether it is true fascimile of the original. You have the opportunity to see the original Dr. Heim.
DR. HEIM: Yes, Your Honor, I know that the decorations are held by him, and what he did not hold, in these forms certain decorations were merely printed in there, and the possession of these decorations were latter written in, but in the copy the Tribunal can not see what was this form, which decorations were printed in there and which actually applied to Blobel, and which did not apply to him. I personally know the original has not.
THE PRESIDENT: Well, you have the opportunity to tell us when Blobel takes the stand.
MR. HORWICK-HOCHWALD: May I draw the attention of the Tribunal to the fact that why it is completely immaterial as there is a sign on the photostatic copy which Dr. Heim obviously overlooked, which shows exactly what kind of decoration Blobel received.
THE PRESIDENT: Very well, proceed.
MR. HORLICK-HOCHWALD: I then offer Document NO-3197 as Prosecution's Exhibit No. 136. This document shows that Blobel entered the SS and SD in 1935, and in the SS he rose the rank of Standartenfuehrer (Colonel), on 30 January 1941, and was a Fuehrer in the Hauptamt, head of the Office of the SD. He received this promotion as his personnel service record and corroborated by Blobel's own affidavit, which is to be found in Document Book 1, page 129 of the English, and page 159 of the German, which is Prosecution's exhibit No. 31, Document NO-3824, in which is shown the responsibility of the defendant Radetski, who was also an officer in the Sonderkommando 4-A. He admits in his affidavit, which is in Document Book III-C, on page 20 of the English, and page 20 of the German, which was admitted in evidence as Prosecution's Exhibit No. 132, Document NO-4438, that he was a member of Sonderkommando 4-A from June 1941 to December 1942 and he admits having been in June and July 1941 in Group Ludzk, Groskow and Shitomir, in Ludzk he says he was with the Teilkommando a sub-unit of Sonderkommando 4-A; from December 1941 to March 1942 he allegedly was on leave and returned to Charkow as commander of Sonderkommando 4-A, in March, at Charkow.
He said further in this affidavit that he had official knowledge of Sonderkommando 4-A took part in a number of executions within the area assigned, and that Standartenfuehrer Blobel ordered executions. English, and page 47 of the German, document NO-4765, which I offer as Prosecution's exhibit No. 137. This is an affidavit of Gustav Kraege, dated 21 August 1947, Kraege himself was a member of Sonderkommando 4-A, in a partcommando -- that is a Teil-Kommando Sonderkommando 4-A arrived in Ludzk on 28 June, and that SS-Hauptsturmfuehrer Kadetzki was the highest ranking officer in this advance; this, of course, applied to nothing else but that he was the commander under Radetzki, and I would like to quote from para- 3 of the document, page 30: "During my service with Einsatzkommando 4-A, I took part in the march of the unit from Schmiedebot to Russia. We arrived at Cracow on the 25th or 26th of June where we stayed for only one night.
Some days latter we reached the former Russian frontier in Sokal, where the Kommando was held back for several hours due to attacks from the air. In Sokal a Vorkommando was formed consisting of 20 to 25 men, among whom I was myself, and was given orders to proceed to Ludzk, and to prepare quarters there for the remainder of the Kommando. We arrived at Ludzk on 28 June. After having been billeted in a bank building the Vorkommando was sub-divided in smaller groups with orders to pry open strong boxes in various buildings, and to seize documents. Part of the Vorkommando consisting of Waffen-SS and interrogators remained in the billets. The Vorkommando was headed by three leaders, namely, SS-Hauptsturmfuehrer Waldemar von Radetzki and two Obersturmfuehrer whose names I do not know any more. I remember that one evening a conference was held during our stay at Ludzk, in the course of which Waldemar von Radetzki, as senior leader, gave orders to the assembled subleaders to seize documents, and other important material from certain buildings, At that time I had the impression that Radetzki was the head of the Vorkammando, although he had never been pointed out to me as such. Radetzki questioned Ukrainians from among whom he selected several to cooperate with the Sonderkommando 4-A, The main part of the Kommando arrived at Ludzk in early July. I did not witness any executions during our stay at Ludzk. But when we were putting the documents of the office in order some days later in Rovno, a number of about 20 reports and records of interrogations came to my hands from which I learned that people had been executed in Ludzk and Sokal."
THE PRESIDENT: Mr. Hochwald, might this be a convenient time to take the afternoon recess.
MR. HORLICK-HOCHWALD: Yes, Your Honor.
THE PRESIDENT: The Tribunal will be in recess for fifteen minutes.
THE MARSHAL: The Tribunal will recess fifteen minutes.
(recess)
THE MARSHAL: The Tribunal is again in session.
DR. KOESSL: Dr. Koessl for the Defendants Ott and Schubert. as Exhibit No. 134. The question of the admissibility of this document interests all the defense counsel. As this document is obviously inadmissible. The affidavit of Rudolf Hoess is not sworn to. If it had been sworn to it could not be submitted because he is not alive any longer and therefore he cannot be corss-examined.
THE PRESIDENT: Is this the one that Dr. Heim spoke of?
DR. KOESSL: Yes, sir.
THE PRESIDENT: Well, we have already ruled on that.
DR. KOESSL: In my opinion Dr. Heim did not raise the question of the admissibility of this document.
THE PRESIDENT: Whatever question he raised the Tribunal said that we would admit it only provisionally in order to retain its continuity and then you will have the privilege of attacking it on any point when your case comes up.
MR. HORLICK-HOCHWALD: If your Honors please, before the recess I referred just to the responsibility of Radetzky in connection with the activities of an advance commando in Ludzk. I only want to refer in this connection to Document Book II-A, Page 76 of the English, 79 of the German, Prosecution Exhibit 44, NO_2938, which shows that an advance commando of Sonderkommando 4a arrived in Ludzk on the 27th of June. Your honors will remember that Kraege says in his affidavit that this advance commando arrived the 28th of June and that by this advance commando 300 Jews and 20 looters who had been arrested were shot on the 30th of June. 1160 Jews were shot as a reprisal for the death of 10 Germans on the 2nd of July. The report goes on, "Finally, it was possible to discover altogether 50 Polish agents and spies who were liquidated also." Thus Radetzky carries responsibility for the killing of 1460 Jews, 20 saboteurs and 50 Polish agents and spies. That Radetzky replaced Blobel when the latter was ill is confirmed by Blobel's own affidavit, Document Book No. I, Page 129 of the English, page 159 of the German, Document NO-3824, Prosecution's Exhibit 31.
Moreover, Radetzky, as I have already pointed out, admits himself that he had official knowledge of the fact that executions were carried out by Sonderkommando 4a. He admits having been in Rowno and Shitomir where mass killings were carried out. This is proved as to the town of Rowno by Operational Situation Report No. 19 which is in Document Book II-C on Page 46 of the English, 52 of the Germen, NO-2934, Prosecution Exhibit 78. This report states that Sonderkommando 4a had shot 240 Bolshevists and Jewish officials, and in respect to the activities of of the Sonderkommando 4a in Shitomir I want to refer to Document Book I, Page 127 of the English, 149 of the German, Document NO-3140, which is Prosecution Exhibit 30. This documents. proves that on the 19th of September, 1941, 3145 Jews were executed by Sonderkommando 4a. Radetzky further admits having joined Sonderkommando 4a after absence for illness in Charkov in March. 51 of the German. This is Document NO-3237 and will be Prosecution's Exhibit 138. Your Honors. This document proves that Einsatzgruppe C executed in Charkov 193 persons and 64 Jews. like to offer from Document Book III_C, Page 22 of the English, Page 30 of the German, Document NO_4771, which will be Prosecution's Exhibit 139. This document proves his membership in the SS from December 1939. his assignment to the Sonderkommando, Security Police and SD in May 1941, and his membership in the SD is proved by teletype which is on Page 8 of the document. These facts are also corroborated by the own affidavit on the defendant which is in Document Book III_C on Page 20 of the English, 27 of the German, Document 4438, which I have already introduced at Prosecution Exhibit 132, your Honors. responsibility of the Defendant Haensch. I refer to Document Book III-C on Page 20 of the English, 27 of the German, Document 4438, which I have already introduced as Prosecution Exhibit 132, your Honors.
responsibility of the Defendant Haensch. I refer to Document Book III-C, Page 35 of the English, 54 of the German, Document NO-4567, which I offer as Prosecution Exhibit 140. There Haensch admitted he was a commander of 4b from the middle of March until approximately the middle of June 1942, but he claims that he actually stayed with the Einsatzkommando only for about seven to eigh weeks. Somewhat contradictory to this statement is an admission on the next page, the second page of the document, Page 36 of the document book, that he was appointed as leader of Sonderkommando 4b by Heydrich in the beginning of 1942. He describes then his official functions, and I will skip this and only refer to Page 9 of the document. Page 43 of the document book, where he states that he watched three or four executions. Page GO of the English, Page 61 of the German, Prosecution's Exhibit 42, Document NO-3405, which is dated 16 January. This document proves that Haensch at that time was in command over Sonderkommando 4b. On page 4 of the original, Page 4 of the translation, Page 6 of the document book, the name Braune which originally appeared as commander of Sonderkommando 4b is crossed out and replaced by the name of Haensch in handwriting. On the same page the name of Blobel, which appears as commander of Sonderkommando 4a is corrected to Dr. Weinmann. This undoubtedly proves that Haensch had been replaced by Braune, no, that Haensch had replaced Braune and Weinmann had replaced Blobel at the time when this report was made That is on the 16th of January, 1942. This date is of certain importance, of the English, this is Document No_3340, Prosecution Exhibit 22, it shows the following entry.
I quote from Page 2. "Einsatzgruppe C; Location, Kiew: "During the period 14 January to 12 February 1942, 861 persons were shot by order of summary court by the Sonderkommando 4b. Of this number 649 were political officials, 52 saboteurs and partisans, and 139 Jews." your Honors find Document NO_3240, which is Prosecution Exhibit 80. There it is stated that Sonderkommando 4b executed a total 1317 persons. These two entries prove that Haensch did not only execute 861 persons, bu order of a Summary Court who sentenced these persons to death in a period of less than one month, but also used his own discretion for the execution of 1,317 people. of Document Book III-C, Page 51 of the English, 85a of the German, Document No_3261 which will be Prosecution's Exhibit 141. Your Honors, this is the SS personal record of Haensch and proves that he was a member of the SS and SD, both, after the 1st of September 1939, and that he received the death-head ring and the sword of honor.
I turn now to the case of the Defendant Fendler. I offer from Document Book III-C, Page 55 of the English, 89 of the German, Document NO-4144, which is Prosecution's Exhibit 142, where Fendler admits he was a member of Sonderkommando 4b from May to October, 1941. As to his position in the Sonderkommando, I do not Want to quote Paragraphs 3,4 and 5, but I shortly refer to the fact that he said here that he was the second highest ranking officer in this unit and that he often carried out the functions of a deputy to the leader of the unit. He further states that he never was officially informed that the execution had taken place by Einsatzkommando 4b at the time when he was in charge there, but he by no means denies that he unofficially knew that executions were held.
He admits having been in Tarnopol. In this connection I would turn to Document Book II-A, Page 81 of the English, 79 of the German. Your Honors. Document NO-2938, Prosecution's Exhibit 44 which shows on the bottom of the page that by Sonderkommando 4b 180 Jews who were used for excavation of corpses were slain afterwards by this Sonderkommando. Jewish residences were destroyed by members of the Waffen-SS by hand grenades and setting of fires. Honors, 52 of the German, Document NO-2934, Prosecution's Exhibit 78, which shows that in Tarnopol Einsatzgruppe 4b carried out 127 executions and liquidated 600 Jews by inducing a program which killed these 600 people. Fendler further admits in an affidavit that he was in Poltawa. In this connection. I would like to turn to Document Book II-C, Page 25 of the English, 23 of the German, Document NO2830, Prosecution's Exhibit 72, your Honors, which shows that the Sonderkommando 4b in Poltawa killed 186 persons cut of which were 161 Jews. the English, 40 of the German, Document 3155, Prosecution's Exhibit 38, which states that Special Kommando 4b executed another 103 political officials, 9 saboteurs and looters and 125 Jews.
COURT II-A CASE 9 to Document NO-4144 which is in Document Book III-C, on page 55 of the English, 89 of the German, which I have already introduced as Prosecution's Exhibit 142, and offer out of Document Book III-C, Page 57 of the German, page 92 of the English, I am sorry, Page 57 of the English, your Honors, 92 of the German, Document NO-4958, which will be Prosecution's Exhibit 143, the SS personal record of Fendler, in order to prove his membership in criminal organizations. to take up the Case of the Defendant Schulz. In this connection I have to refer to Document Book I, Page 96 01 the English, 134 of the German, prosecution's Exhibit 26, Document NO-3644, where he admits that he was commanding officer of Einsatzkommando 5 from May until the end of September, 1941. The affidavit further reveals that Schulz in the Einsatzkommando participated. in mass executions which were carried out in Lemberg by various units of the Einsatzgruppe C by order ot the Defendant Rasch. Schulz admits that he was informed by Rasch that not only guilty but also strongly suspected persons were to be executed, and that also Jewish females and Jewish children Were to be killed. In another affidavit of Schulz which is in Document Book III-C on Page 60-
DR. DURCHOLZ: Dr. Durcholz for the Defendant Schulz. is supposed to be proved by exits document of the Defendant Schulz, I should like to say the following: In the index of Document Book III-C, on page II of the index, with reference to the document NO-3644 Exhibit 26, the following is contained in the last Sentence, and I quote: "Jewish women and children were also executed." This is the end of COURT II-A CASE 9 Quotation.
I have to correct this: In the affidavit of the Defendant Schultz of the 26th of May of 1947, which is supposed to contain this sentence, in Document Book I, Page 134, I don't know, the English page number, under No. 7 the last Sentence contains the following, and I quote: "Jewish women and children would have to be shot in cases if necessary, so that there may be no avengers."1 This is the end of my quotation. From this document it becomes evident as is Seen from the context, that the defendant Schultz made known an order and decree issued by the Reichsfuehrer-SS, which also becomes evident iron the documents, at the beginning of August in Shitomir, that in future women and children would have to be shot. But on no account had this order already been issued in Lemberg, as it can be concluded from the index. That under the leaders of the Defendant Schulz women and children were never shot, I shall, when the case of the Defendant Schulz comes up, give evidence to that effect.
MR. HORLICK HOCHWALD: If Your Honors Please, I do think that what was just introduced by Defense Counsel for Defendant Schulz could be better placed in His presentation of his case-in-chief than in this instance.
THE PRESIDENT: Well, he explained it in the last sentence, that he said he would present it when his case comes up.
MR. HORLICK HOCHWALD: I just referred to another affidavit of Schulz Which is in Document Book III-C, which is on page 60, your Honors of the English, 96 of the German, Document NO-3841, which I shall introduced as Prosecution's Exhibit 130. This document reveals that even Streckenbach, Heydrich's deputy in the RSHA considered the activity of the Einsatzgruppe to be murder.
DR. DURCHOLZ: Your Honor, to this also 1 want to say a few words. In this document-
THE PRESIDENT: Just lot me Say this. If you have an objection to the authenticity of the document make it; if you have an objection to the relevancy, make it; but if you are merely commenting on its discrepancy with some other document, then the objection is out of order. You will have an opportunity when your client takes the stand end when you make your argument to point out ell the discrepancies. You may attack the; document from any side, any angle.
DR. DURCHOLZ: I shall, when my case comes up, make the necessary correction, but I should like to say that the indices which are added to the document books to us are not always in agreement with the actual content of the document books. Therefore a correction would be necessary. That was the purpose of my coming, up here.
THE PRESIDENT: Yes, that is something you can do at the appropriate time,
MR. HORLICK HOCHWALD: If your Honors please, I only want to add the order of presentation is by He means a part of the evidence. It was only to aid the Tribunal and the defense counsel in order to follow our presentation of the case in chief and to make it easier for the Tribunal and the defense counsel to follow.
THE PRESIDENT: Very Well, proceed.
MR HORLICK HOCHWALD: The evidence presented by the Prosecution gives a clear picture of Einsatzgruppe 5 at the time Schulz was in command. I would like to refer to Document Book II-C, Page 25, your Honors, Prosecution's Exhibit 72. It is on Page 23 01 the English, Page 41 of tile German document, NO-2030. In this document you will find that the number of people executed by this Einsatzkommando COURT II-A CASE 9 amounted, on the 20th 01 October, 1941, to 15,110.
Schultz was, according to his own admission in charge of this unit until the 26th of September of thesame year. Page 44 of the English, Page 40 of the German, Prosecution's Exhibit 38, Document NO-3155, Which shows in the period from 7 September to 5 October 8800 Jews were liquidated by Einsatzkommando 5.
As to Schulz' membership in the SS and the SD and the Gestapo, I offer from Document Book III-C, on Page 63 of the English, 103 of the German, Document NO-4298, as Prosecution's exhibit 144, your Honor. This document proves Schultz's membership in the SS, SD and the Gestapo, and his higher rank of a brigadier general in the police. These facts are also corroborated by his own affidavit, Which is in Document Book I, on Page 97, already introduced as Prosecution's Exhibit 26, Document NO-3644. Book I, Page 111 of the English, 145 of the German, Prosecution's Exhibit 29, Document NO-4314, which is the affidavit of the Defendant Biberstein, where says that he was commander of Einsatzkommando 6 from Juno 1942 until June 1943. He alleges in his affidavit that his actual departure to Russia was delayed and that he did not arrive there earlier than in September. He further admits, and I quote from Paragraph 3 of the document, "2000 to 3000 executions Were performed in the area of my Einsatzkommando. I personally superintended an execution in Rostow which was performed by means of a gas-truck."
I do not want to take the Tribunal's time by quoting further from this interesting document, but I want to refer here to Document Book III-C. No, I want to offer here from COURT II-A CASE 9 Document Book III-C, Page 72 of the English, 116 of the German, the Document NO-2901, which will be Prosecution's Exhibit 145.
This is an SS personnel record, and there we find the correspondence between the Kommando of the Secret Police of the SD, Ukraine, and Biberstein. I only Want to quote Very shortly from this correspondence. There is a teletype, radio message of the 23rd May, 1943 to SS Sturmbannfuehrer Gottwald.
"The leadership of Enisatzkommando 6 was conferred upon me by the decree of the RSHA (Reich Main Security Office) dated 14.7.42 I A," and so forth. "Subordination. of Einsatzkommando 6 under Commander Rowno can only of accomplished, if the RHSA repeals the above decree and thus revokes my appointment. Since there is no report on this Here, I request immediate clarification." Signed by this defendant. the Einsatzgruppen and their units had one foremost task, to kill, to exterminate. Spoliation slave labor assignment were additional duties, Which were accomplished only as Secondary tasks in the frame of their main duties, to round up Soviet officials, commissars, and Jews for execution, and to carry out these executions. In the light of this evidence the guilt of Biberstein is amply corroborated.
Book I on page 112 of the English, page 145 of the German, Document NO-4314, Prosecution Exhibit 29, Biberstein admits having been a member of the SS and SD. He also was a leader in the Gestapo in Oppeln. These facts are confirmed by his SS personal record, which I just introduced in evidence. Document Book IIIB, page 70, of the English page 116 of the German Book, prosecution Exhibit 145, Document NO-2901, which proves that he was a member of the SS and the SD from November 1936 on and was active in the Gestapo office in Oppeln.
DR. FIGHT: (Attroney for the defendant Biberstein) I object to the submission of this last document. This is an excerpt from the personnel files and individual letters, especially the letter which was quoted by the prosecutor in which Biberstein objects to the submission to another command; it is not signed by him. It cannot be seen from the copy whether actually those letters were signed by the defendant. It is typewritten. It is initialed, but it is not signed.
MR. HORLICK-HOCHWALD: If Your Honors please, I referred to the document as being a radio message, A radio message cannot be signed, and I only want to state here that this is a captured document perfectly admissible.
THE PRESIDENT: I think that is correct, Dr. Ficht. Your objection is overruled.
MR. HORLICK-HOCHWALD: I turn to Document Book III-C, Your Honors, page 74 of the English, 123 of the German, which is Document NO-4855, and which I offer as prosecution Exhibit l46, the affidavit of the Defendant Graf, where he admits that he was a member of Einsatzkommando 6 from the end of May, 1941, until approximately 15 October, 1942.
already in evidence, first to Document Book II-C, page 60 of the English, 65 of the German. This is Document NO-3240, Prosecution Exhibit 80; then to a document in Document Book II-A and on page 67, Your Honors, 61 of the German, the document starts, -- this is NO3405, Prosecution Exhibit 42, and to Document Book I, page 86, 87, to 88 of the English, 119 of the German, which is Prosecution Exhibit 22, Document NO-3340. All these documents refer to executions carried out by Einstazkommando 6 in the time when Graf was a member of this unit. 125 of the German, Graf's SS personnel record, which is Document NO-4801, as Prosecution Exhibit 147, in order to prove his membership in the SS and the SD with which he is charged in the indictment. Mr. Walton will now proceed with the presentation of Document Book III-D.
MR. WALTON: May it please Your Honors, Document Book III-D has to do with the personal responsibility of the defendants of Einstzgruppe D. Einsatzgruppe D operated in the period of time in which the crimes set forth in paragraph 9 of Count 1 of the indictment were committed. The area of operations in which the criminal acts occurred was roughly the coastal plain of the Black Sea and the Crimean Peninsula. This area has been more precisely stated by the Defendant Ohlendorf in his affidavit of 24 April 1907 in Document Book I, page 20, Document NO-2890, which has already been offered as Prosecution Exhibit 5. Paragraph 3, which states the boundaries of this area is found on page 22 of the English and on page 24 of the German Document Book. The many Operational Situation Reports and Activity Reports put into evidence by the prosecution in previously introduced document books confirms the fact that Einsatzgruppe D was active in this area during the period of time alleged in the indictment. The personal responsibility of the Defendants Otto Ohlendorf, Willy Seibert, Dr.