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Transcript for NMT 9: Einsatzgruppen Case

NMT 9  

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Defendants

Ernst Biberstein, Paul Blobel, Walter Blume, Werner Braune, Lothar Fendler, Matthias Graf, Walter Haensch, Emil Haussmann, Heinz Jost, Waldemar Klingelhoefer, Erich Naumann, Gustav Nosske, Otto Ohlendorf, Adolf Ott, Waldemar Radetzky, von, Otto Rasch, Felix Ruehl, Martin Sandberger, Heinz Schubert, Erwin Schulz, Willy Seibert, Franz Six, Eugene Steimle, Eduard Strauch

HLSL Seq. No. 5191 - 16 January 1947 - Image [View] [Download] Page 5,192

QYou cannot tell me therefore. Do you remember that after the defendant Sic with his advance kommando Moscow was in Smolensk there was --

AWhen were they there? When did they come to Smolensk?

QFrau Vetter, I do not want to tell you any any date in order not to influence you. Let us just assume they were there, and when you came they were already there and now I ask you just one thing: Do you remember that later on a larger unit of such people came, I mean, Nebe, with this staff?

AYes, yes.

QYou remember that?

AYes, and they lived on another floor.

QWere you already there when Nebe came, or when you came were Six and Nebe both there already.

AI beg your pardon?

QWhen you returned to Smolensk and came to the NKWD Building for or Police Building the first time were Six and Nebe there already or was only Six there and then you came and when you had been there some other unit came under Nebe who, according to you, were accommodated on a floor above.

APlease don't talk to me in such a manner, Dr. Ulmer. I am not a child.

QI don't know how I could hurt you by the way I am asking then questions. I really don't know.

AI mean, I can't tell you the date when Herr Nebe moved in, but I believe I remember that -- I am always afraid to say days. It might have been weeks, but I know that some different people came who had their offices on a higher floor of the building and I was only told that Nebe -- I never talked to him. I don't know him, but they said that he had a much higher rank, but I never saw him, with Professor Six.

QMy question, is, when you were already there, did Nebe only come after you were already there?

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ANo, I don't think so.

QBut when you came there, Nebe was already there?

ABut how am I supposed to know whether he was in the room already or not? I know that later on a whole unit moved in but what kind of people they were, I only knew that they were on another floor.

QYes, and he lived there too, Herr Nebe?

AHe also lived higher, but not where Dr. Augsburg and Professor Six were.

QOf this unit, later on you were told about it then, that it was Nebe who had a much higher rank?

AYes.

QWell, you were there already and then some more people came there whom you didn't know and who moved into the NKWD Building.

MR. FERENCZ:We must object to the defense counsel trying to put words in the witness' mouth. The witness has said she does not know and is unable to testify to it.

DR. ULMER:No, your Honor. I have tried to ask witness whether she knows that this unit came and moved in one floor higher. That is my question.

MR. FERENCZ:I must object also to any leading questions being put to the witness.

THE PRESIDENT:This is your own witness, Dr. Ulmer and you can't cross-examine her nor may you lead here, because she is, in effect, your own witness.

DR. ULMER:Your Honor, I don't know whether your Honor is of the opinion that the question has already been answered. Otherwise, I will have to put it again. It is very simple: whether Frau Vetter knows or whether she recalls that after she had arrived, another unit moved into this Police Building.

THE WITNESS:Yes, I told you, yes. They were on a higher floor. They came later. But what....

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DR. ULMER:Thank you, your Honor, in that case I don't want to impress the witness any more. I have no further questions. I am sorry that I had to confuse the witness so much.

THE WITNESS:You did not confuse me.

DR. ULMER:I mean pschologically that I had to hurt you.

RECROSS EXAMINATION BY MR. FERENCZ:

QFrau Vetter, did you say that you knew that Nebe arrived in the NKWD Building after you had been there?

AI beg your pardon.

THE PRESIDENT:Do you wish to object, Dr. Ulmer?

DR. ULMER:Your Honor, when I asked this question before, the prosecutor objected to it. Your Honor sustained the objection and the witness answered it. Now I am objecting that the prosecution is putting this question to the witness again, because I want to say that obviously they are trying to make this witness uncertain of what she had already said.

THE PRESIDENT:He is cross-examining, Dr. Ulmer, he is allowed to ask questions of that character. BY MR. FERENCZ:

QFrau Vetter, did you say that you know that Nebe arrived in the NKWD Building after you had been there?

AWell, I merely was able to say that another unit moved in. When I came they weren't there, but whether Nebe was there already, that I cannot know, I merely heard about Herr Nebe that he had a higher rank and he was chief of the people on the floor above us.

QBut it might have been any police unit which moved in?

AWell, I don't know what kind of a unit it was. I cannot tell you.

QThank you. Frau Vetter, did Dr. Ulmer tell you at the time you signed the affidavit that the date 20 August was very important?

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ADr. Ulmer did not tell me that the 20th of August was a very important date, in fact, we did not talk about exact dates at all. I only said that Professor Six was good in Russia.

QDid you hear Dr. Ulmer say just a little while ago that you mentioned the 20th of August as the date?

ANo, I myself certainly did not mention the 20th of August, I don't know. You must know yourself that if you were a sked dates six or five years ago, no one would be able to answer that, not even what happened a year ago. One can't remember exactly. That is asking too much.

MR. FERENCZ:No further questions, your Honor.

DR. ULMER:Neither have I.

EXAMINATION BY THE PRESIDENT:

QHow many times did you see Professor Six in Smolensk?

AI saw him very often, but I talked to Professor Six only about my personal affairs, not about official matters. Professor Six, I am sure, will be able to say that himself that concerning official matters, concerning the tasks of Professor Six, I personally never talked with Dr. Six. I always had to deal with Dr. Augsburg, and Dr. Augsburg certainly didn't do anybody any harm. I cannot imagine that.

QHow many times -

AMay I say something more? May I say something more?

QYes.

AHerr, Dr. Augsburg always said that Professor Six was a very good man and that he was very sorry for him that he had come just into this organization.

QHow many times did you talk to Professor Six?

AWell, I didn't count. How can I say how often?

QWell, if you don't know, you don't need to say that you do.

AThat's right. They did not tell me what I would have to say as a witness.

QDo you know what was the population of Smolensk, that is, the number of people? Generally, how large a city was it?

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ANo, that I cannot say. I am afraid I can't say exactly.

QWell, not exactly, but do you have any idea? Can you compare it with some German city, with Stuttgart, for instance?

AIt's about the same as -- I am trying to think with which city I could compare it. Perhaps like Ansbach -- Well, I don't know Ansbach so well. Perhaps something the size of Ansbach, or I don't know exactly. It is a provincial town, a small provincial town.

QDid you associate with the people in the town very much?

AYes.

QWell, you didn't live right in Smolensk, did you?

AFormerly, I did live in Smolensk.

QNo, I mean after the occupation?

ANo, also before the occupation.

QDid you live in Smolensk during the period of the German occupation?

ANo, during that time I was in the village. I went to the village. I only went to the village while the town was being bombed.

QWell, during the time that the German Armed Forces were in Smolensk, did you live in Smolensk?

AWhen the Germans captured the city? No, at that time I was in the village. I was in the village when the Germans moved in.

QThen did you come back to live to Smolensk?

AWell, I wanted to inquire about my husband, first of all, and then I wanted to go back to my apartment.

QYes, well, I am asking you, did you come back to live in Smolensk?

AYes, of course.

QAnd then you took up residence again in your original apartment?

ANo, not at all. The apartment had been looted. The Russians had looted it and there was nothing left.

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QAll I wanted to know was whether you came back to Smolensk, and once more took up living in the town of Smolensk.

AYes, I remained there.

QYou got another apartment?

AYes, I lived with a woman. I did not know. She took me up.

THE PRESIDENT:Does Counsel have any other questions?

REDIRECT EXAMINATION BY DR. ULMER (attorney for the defendant Six):

QDoes the witness know -- she said she went to the village when the city was occupied -

ANot when it was occupied, when it was bombed.

QYes, bombed. Do you know how long you were in the village?

AYes, two months.

QTwo months? You are quite sure of that, or because you looked in your diary?

AI know it.

QYou know it?

AYes.

EXAMINATION BY THE PRESIDENT:

QYou returned to Smolensk and then once more you took up living in Smolensk, is that correct?

AYes, yes, that's right.

QNow, do you know about how long you were living in Smolensk after you had returned to Smolensk, how long you were living there when Professor Six left to go back Germany?

HLSL Seq. No. 5197 - 16 January 1947 - Image [View] [Download] Page 5,198

AWell, in the middle of December I returned to Germany. I don't mean returned, but I just came to Germany.

QNo, you didn't understand my question, or perhaps it wasn't put very clearly. You returned to Smolensk to live again after the bombing?

AYes.

QThen subsequently Professor Six left Smolensk?

AYes.

QHow much time elapsed between your return to Smolensk and Six's departure for Germany?

AI am afraid I can't say exactly. I cannot say whether that was one week or two weeks. I cannot say that.

Q.Well, was it as small a period as one week or two weeks, a week or a fortnight?

AThat wasn't a very long period of time. I don't think it was a long period of time.

QWhat kind of work did you do in that office?

AIn this office? First of all I had to sit in the corridor and then various inhabitants of Smolensk came and I had to interpret their requests, and I had to go to the shoemaker's and to the tailor's with various officers and interpret for them, and then for some time they gave me a great number of musical records, classical music, and I had to sort out various kinds of music folk songs, and at the end, shortly before I left. I worked in the museum together with the Sturmbannfuehrer. That was for quite sometime there. That was the museum of the history of the Party.

QAnd what work did Professor Six do during this period?

AWell, I have no idea there. I cannot say that.

QDuring the time that you were in Smolensk after the bombing, did you socialize and fraternize with the inhabitants, with the people of Smolensk; did you visit about?

ANo, I made no visits. In Smolensk I only lived for one year. I did not have many acquaintances there because we lived a rather quiet life.

HLSL Seq. No. 5198 - 16 January 1947 - Image [View] [Download] Page 5,199

QSo that you didn't thoroughly know the population of Smolensk?

ANo, I already said that I can't say that.

QIn your affidavit this statement appears, "I also know that Herr Six and his men were very much like by the people of Smolensk."

AYes.

QDo you know of your own personal knowledge whether the people of Smolensk liked Professor Six?

AI can only say this, according to the statements and to my discussions which I had with members of the civilian population who were also working in that building, and I saw myself that, for example, professor Six had a lot to do with food and clothes. I saw that myself, and they were always very friendly with the Russians who worked there.

QWell, that is the reason I asked you if you knew the people of Smolensk, if you visited with them. How could you know whether they liked him or not unless you talked with them, unless you saw them, unless you socialized with them?

AI just said I talked with the people who worked in the office there.

QThen your information was gained only from what you heard there in the office?

AYes, yes.

QWere there any Jews in Smolensk?

AYes.

QDo you know whether any of this food was fed to the Jews?

AFood? I don't know that, no.

QWell, you say that there was a distribution of food and that is the reason people liked Professor Six. Did the Jews receive any of this food which was distributed?

AI never saw that.

QYou never saw that the food was distributed at all, is that what you mean?

HLSL Seq. No. 5199 - 16 January 1947 - Image [View] [Download] Page 5,200

ANot distributed, but every now and then when somebody had done something, for example, tidied up the room, they treated them very well. Not all officers were so friendly and kind.

QWell, you mean that if someone did a little chore in the office that Professor Six would give him an item of food, maybe a loaf of bread or a sandwich, or something like that? Now, is that what you mean?

ANot only when somebody had done something, but even just so. I saw it myself, for example. that a Russian woman was there who used to be a student. I knew her before, and she had lost everything. like all of us there, and Professor Six gave her a wool blanket and a coat and various other things.

QDid you ever see him give anything like that to a Jew?

ANo, I did not see that.

QDid any Jews ever come to the office?

ATo the office? I wasn't in the office. I was in the corridor, and the Jews were in the yard.

QWhat was in the yard? I didn't catch that.

AThe Jews were in the yard.

QWhat were the Jews doing in the yard?

AThey worked there.

QWhat were they working at?

AThey cleared up the rubble.

QAnd what happened to them eventually?

AWell, I did not see that. I only knew that they were in the ghetto.

QDid Professor Six ever permit his generosity to extend to those Jews who were clearing up the rubble in the yard?

AI only know one thing really, one girl. She was half-Jewish, and Professor Six knew that, and he did not report her. She was halfJew. That means - you probably know what it is. And she told me about this. Her name was Rose, and she was always very frightened. She always said "Professor Six knows this," and she still remained there.

HLSL Seq. No. 5200 - 16 January 1947 - Image [View] [Download] Page 5,201

QWhat would have happened had he reported her?

AWell, nothing good I should think.

QWhat happened to the Jews there generally, those who were reported?

AWell, I don't know. I certainly heard nothing about such matters.

QWell, there was somewhat of a terror about a Jew being reported, wasn't there: it was something that was spoken of in a shisper, as it were?

AYes, and then they were sent to the ghetto?

QAnd what happened to them after they got into the ghetto?

AI wasn't in the ghetto; never in my life have I been in the ghetto. I don't know.

QDid you hear about Jews being executed anywhere around Smolensk?

AIn the vicinity of Smolensk? No, I don't know that. I merely know that this happened later, that Herr Noack had a lot to do with the Jews, but how I never saw. The civilian population knew about that.

QThey did know about some terrible things happening to the Jews?

AYes. I myself did not see it.

QNo, I am not saying you saw it but it was the general understanding among the population that terrible things were happening to the Jews?

AThey said that they were all in the ghettoo in the ghetto, and there they had to work. I saw that myself. That the Jews worked I saw myself. But, for example, in the yard, I watched the yard sometimes. There were my girl students there. I never saw that they were beaten in the yard; I never saw that.

QYou never saw them being beaten?

ANo, I did not.

QDid these people who worked in the yard live in the ghetto; did they go back and from the ghettos?

HLSL Seq. No. 5201 - 16 January 1947 - Image [View] [Download] Page 5,202

AYes.

QYou say you didn't see anyone being beaten. Did you hear of the Jews being beaten?

ANo, I never talked about that.

QWell, why would you volunteer that you did not see them being beaten? You must have in your mind the thought that somebody was beaten because he was a Jew or you wouldn't tell us for no reason at all that you didn't see then being beaten.

AYes, because when I was with the second interrogator he asked me about this, whether the Jews were beaten, and I said. "No, I don't know, "and I never saw myself that the Jews were beaten. I can only say that P.O.W.'s were shot, but that was not done by this police unit. I don't know who carried out that action. Thos were the first corpses I saw in Russia; those were the corpses of P.O.W.'s.

QWere they Jewish P.O.W.'s?

AOh, no, they were Russians.

QWhat nationality were they?

AThose were Russian P.O.W.'s: yes, they were Russians.

QAnd by whom were they executed?

AWell, the Germans did.

QHow, was that general knowledge in Smolensk, that prisoners of war were executed?

AWell, in every street there were corpses. Of course it was known.

QThis was while you were there?

AI beg your pardon?

QI say, this was during the period you were there that the corpses were on the street?

AYes, I was still in Smolensk.

QYes. Did you ever happen to discuss this with Professor Six, that you saw Russian corpses on the street?

AHe had already left. I talked about this with Dr. Augsburg.

QWell, were there any of these corpses on the street while Professor Six was still there?

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ANo, no, I know that was later.

QHow long after he left did these corpses appear?

A well, I cannot say exactly, but it was shortly before I left for Germany.

QWere there any executions of any kind before Professor left that you knew of or that you heard about?

ANo, no, about executions I never heard while I was in that building.

QHow could you tell whether a corpse in a uniform was that of a Jew or of some other nationality?

AAmong those P.O.W.'s, there were some among them I should imagine, there were so many people in the Russian army. In the Russian army there were all nationalities.

QSo that some of these corpses could have been Jews?

AWhy not? Of course.

QWere they all in uniform, all the corpses?

AWell, uniforms, they were just tatters and rags. One could not call that uniform any more. The Russian soldiers were in rags. These had been uniforms I think.

QWell, could there have been any civilians among those corpses?

ANo, they were P.O.W.'s.

QNow, while you were working in that office were you paid for your work?

ANo, I never go any pay, but I got the food which civilians got there. I got that from the field kitchen.

QYou received food for your word?

AYes.

QAnd that was your compensation?

AYes.

QSo these people who received food from Professor Six worked for that food?

HLSL Seq. No. 5203 - 16 January 1947 - Image [View] [Download] Page 5,204

AYes, all of them, all the civilians who were working in this territory got food.

QHow did you happen to meet up with Professor Six in Berlin?

AI first went to the local commander's office and inquired there about the fate of my husband.

MR. FERENCZ:I think there was an error in translation. The translator did not add "in Berlin" .

THE PRESIDENT:Oh yes, that is very important.

Q. (By the President) How did you happen to meet up with Professor Six in Berlin?

AWell, in Berlin I was employed as a librarian.

QWell, but how did you happen to meet up with him, was he in the library?

AWell, I came to Germany because of Professor Six.

QOh, I see, he got you the job?

AYes.

QAnd he was very kind to you in Berlin?

AYes.

QWhat was the nature of his generosity in Berlin, what did he do which was kind to you in Berlin?

AFor example, I was allowed to read many books which were really prohibited, but I liked to read them.

QAnything else?

AI was allowed to read books by Heinrich Heine, who was strictly prohibited, those books, and I could also read Thomas Mann and Heinrich Mann and Stefan Zweig. All the books which I liked I was allowed to read.

QDid you receive any pay for the work you did in the library; did you receive compensation for this work that you did in the library in Berlin?

AYes, of course, like any employee.

QYes, and you were allowed to listen to foreign broadcasts?

HLSL Seq. No. 5204 - 16 January 1947 - Image [View] [Download] Page 5,205

AYes. Professor Six told me I should not tell anyone about it. He didn't want to know about it.

QIf you were caught listening to foreign broadcasts and reading the heart of the literature -

AWhat he said, if I told anyone about my reading Jewish books and I listened to Russian music and various other statments -- I said very often that National Socialism and Communism are very similar, only in Russia it was even more terrible, the dictatorship. So he said I shouldn't talk about these political opinions or else I would be sent to a concentration camp and then no one could help me, and I should keep quiet about all my thoughts.

QAnd did he also tell you that if you were caught listening to foreign broadcasts and reading this very devastating, bad literature by Heine and Thomas and Heinrich Mann that you would be sent to a concentration camp and that he couldn't help you?

AYes.

QSo that his kindness consisted in allowing you to expose yourself to a very serious danger, isn't that right?

AYes.

QBecause you didn't need his permission to do womething which was going to get you into a concentration camp?

AWould you please repeat that?

QYou didn't need his permission to do something which would get you into a concentration camp?

AYes, but I was very glad because I loved these books very deeply and this meant a lot to me. I even brought a Heine book along from Russia, and Professor Six knew this, I took this along to Germany.

QWere these books in the library where you worked?

AThese books of Heinrich Heine were my own, yes but the other books were part of the library, all books which hadbeen prohibited, and I was allowed to take care of them. All these were prohibited books, but it was all beautiful literature.

HLSL Seq. No. 5205 - 16 January 1947 - Image [View] [Download] Page 5,206

QDo you think it was very chivalrous of him to say, "Now, you can read these books but if you get in trouble, don't bother me about it"?

AWell, you see in Berlin I expressed many questions to professor Six, and I kept comparing National Socialism and Communism, and Professor Six always listened to it very patiently, and I had the impression that inwardly he thought the same thing, only he didn't dare to say it.

QDo you think that Professor Six believed that National Socialism and Communism were the same thing?

AOh, yes, certainly. Their methods are the same, of course. Don't you know in Russia I also thought -- I didn't know about the methods. That is why I believed that the Germans came in order to exterminate Communism, and I knew quite well what Communism meant, and when I lived in Germany I could find out repeatedly that that was not the idea at all of the advance, to fight Communism.

QWhat did you do -

AThis was merely done in order to got the Ukraine because it was a rich country. But they only wanted the materials, goods, and this is always the pretence that this is all idealism. That happens in every war after all.

QYou were satisfied then that National Socialism was no improvement over Communism?

AImprovement? It was a poor imitation.

QDid Professor Six share this view which you have just now expressed?

AYes. I know this very well. I always felt that Professor Six was a different person to the others. The others whom I met later in the institute there, they were obsessed, they were fanatic about what they said, but Professor Six is not a fanatic, no. He always listens to everything very patiently, and that he agreed, I noticed, because he always laughed. Well, if one laughs then I think one believes in it.

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QDid you hear Professor Six lecture on Jewery?

AI was in no lecture by Six.

QDid you ever hear him expound on the Jewish race, talk about it?

AAbout the Jews?

AYes, did you ever hear him talk --

AYes, I said I often talked about Heine with Dr. Six, about his style, and so forht, and he said, "Well Frau Vetter, that is Jewish, I am not allowed to hear about this.

QDid he ever talk about the Jewish problem?

AIn no way.

QDid you ever, Witness, talk about the Jewish state in the Palestine?

ANo, the books Professor Six, I only read when they were in there library. I didn't read that.

QI am not saying books written by him. I am talking about his conversations. You see, Professor Six delivered many lectures and there was one lecture which he delivered on Jews, so with that on his mind I thought he might have conversed with you about it some time.

ANo, I was not the scientific assistant. That was someone else, but such questions he didn't talk about with me. I wasn't there when he worked on that lecture. Another assistant took care of that.

QJust what did he say about that?

AWell, what do you mean?

QWell, certainly, the word Jew was mentioned many times in his presence. You have already indicated that on one occasion he told you that he wasn't to listen to any talk about Jews. Did he ever comment on Jews, in general, just Jews?

AWell, you see, our discussions really didn't deal with such subjects, but on the whole we only talked about personal matters and when Dr. Six talked to me he was always tired of his work and I knew he just wanted to have a rest, so we talked about the family and art. About all he wanted to know about the dialecticmaterialism in Russia. No particular questions, no special questions. I myself did not like politics.

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QBut of your own personal knowledge, the only kind act which you know that Professor Six displayed towards Jews was that he failed to report a half-Jewess. That is, as far as you can go about his attitude towards Jews, that was that one half-Jewess he knew and he didn't report her?

AYes, yes.

THE PRESIDENT:We want to thank you for a very enlightening discussion. Does counsel wish to question the witness any further?

DR. ULMER:I have no questions to the witness.

THE PRESIDENT:Now supposed we take stock and see what we have for Monday. Who will be ready to present documents on Monday? Dr. Heim?

MR. FERENCZ:Your Honor, may this witness he excused?

THE PRESIDENT:Yes, the witness may be excused.

(The witness was excused.)

DR. ULMER:Your Honor, I beg your pardon. Am I to consider my presentation of documents of today as concluded or are there any objections coming? May I consider the presentation of my documents as concluded?

MR. FERENCZ:Yes, Your Honor.

THE PRESIDENT:Yes, very well. The Tribunal will now be in recess until Monday morning at 9:30 o'clock.

(The Tribunal adjourned until 19 January 1948, at 1930 hours.)

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Official Transcript of the American Military Tribunal in the matter of the United States of America against Otto Ohlendorf, et al, de fendants, sitting in Nurnberg, Germany, on 19 January 1948, 0930-1630, Justice Michael A. Musmanno, presiding.

THE MARSHAL:The Honorable, the Judges of Military Tribunal II.

Military Tribunal II is now in session. God save the United States of America and this Honorable Tribunal.

There will be order in the court.

THE PRESIDENT:Before we take up any other business and so that the statement which we are about to make will appearin the record immediately following the examination of Veronika Vetter and so that there can be no misunderstanding later on the Tribunal states that it is convinced that Dr. Hermann Ulmer in his examination of Veronika Vetter in Stuttgart did nothing which would in any way cast any reflection upon his professional conduct, We will say further that it is part of a lawyer's duties to investigate all evidence which he believes may be helpful in the presentation of his case. There was nothing in the examination of Veronika Vetter to suggest in the slightest way that Dr. Ulmer did not live up to the highest ethics of a lawyer. He questioned this witness, obtained information, wrote up a statement which she had the opportunity to read and to correct, and then she signed it. And, when Dr. Ulmer did that he met every requirement and not the slightest discredit may be case upon him for the work which he did in that connection.

Yes, Dr. Aschenauer.

DR. ASCHENAUER:Your Honor, I would like the defendant Ohlendorf to be excused from attendance in court this afternoon for further preparation.

THE PRESIDENT:The defendant Ohlendorf will be excused from attendance in court this afternoon.

DR. ASCHENAUER:Thank you.

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THE PRESIDENT:You are welcome.

DR.HOFFMANN (for Nosske): Your Honor, on 21 November 1947 the Tribunal allowed me to admit as a witness for the defendant Nosske a certain man called Burckhost. I have heard that this man Burckhost arrived here yesterday. I know what I want to ask him. I don't have to discuss it before hand. I would only like to ask the Tribunal to give instructions that this witness be brought into the witness stand.

THE PRESIDENT:You mean he is ready and available at this moment?

DR. HOFFMANN:I don't know for certain whether he is available at this very moment, but I think he can he by this afternoon.

THE PRESIDENT:Mr. Walton?

MR. WALTON:If your Honors please, I remember from the copy of the notice of approval to this witness. However, I respectuflly point out that the Prosecution does not know on what points this man will testify and we ask that the 24 hour rule be invoked to give us a chance to prepare the cross examination of the witness.

THE PRESIDENT:Well then at the earliest you would be ready is tomorrow morning.

MR. WALTON:At this time, yes, sir.

DR. HOFFMANN:Yes, your Honor. Of course, just in order to speed up the matter I wanted to suggest that the witness could come even today but I am prepared to examine him tomorrow morning.

THE PRESIDENT:Very well, the witness will be available tomorrow.

DR. HOCHWALD:If the Tribunal please, the Tribunal will recall that the Prosecution objected against document 58 of the defendant Braune for the reason that this document was introduced by defense counsel only inthe form of a typewritten copy. Defense counsel for the defendant Braune has in the meantime kindly handed to the Prosecution the original of the document for perusal and we want to state that we do not object against this document 58. We want to state again, -- The Prosecution had informed the Tribunal, that we do not object against this document as defense counsel was good enough to promise to show us the original.

HLSL Seq. No. 5210 - 19 January 1947 - Image [View] [Download] Page 5,211

He has done so in the meantime.

THE PRESIDENT:In view of the statement made by Dr. Hochwald, Braune document 58 will be accepted.

DR. HOCHWALD:Thank you very much, your Honor.

THE PRESIDENT:You are welcome.

Who is now ready with presentation of documents?

DR.KOHR (for Blobel): Your Honor, I would now like to introduce Document Book II of Blobel. It merely contains seven documents and the sequence of the exhibit numbers is the same as the number of the documents. As Exhibit 5 I offer document Blobel No. 5. This is an affidavit by August Haefner of 3 November 1947. The affiant was candidate for the leading service and attached to NK4A as officer and trained police official. The defendant Blobel put him in charge of Advance Kommando Kiev and apart from that for a brief period he was an official of AOK6. The affiant also was present when Blobel reported at the headquarters of the AOK6, to General Field Marshal von *eichenau. He gives a detailed description about this and about events in Sokal and Luck. He confirms in this affidavit the statement of Blobel about his stay in the hospital in Lublin.

The next exhibit which I give number 6 I introduce document Blobel 6. This is another affidavit by August Haefner of 11 December 1947. As mentioned at the beginning Haefner was chief of Advance Kommando Kiev. In this capacity he gives detailed reports about the situation in Kiev as it was after the capture by the Germans as 19 September 1941. He confirms the statements by Blovel in the witness stand that he arrived in Kiev, contrary to the document which has been brought in by the prosecution , only on 24 September. Also this affidavit proves that in Kiev Blobel suffered a head injury.

Document Blobel 7 I offer as Exhibit No. 7. This is an affidavit by Karl Hennicke of 7 November 1947. Hennicke was expert, 3, departmental chief of Einsatzgruppe C. This affiant gives testimony of his character but also shows that Blobel repeatedly fell ill, while he was in the Eastern Campaign.

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