(122-PS,USA-362, Tr. p. 1658). 53. Secret letter, 20 July 1933, to provincial governments and the Prussian Gestapo from Frick, concerning Confessional Youth Organizations.
(1482 USA-738, Tr. p. 255). Gestapo order 20 January 1938, dissolving and co fiscating property of Catholic Youth Women's Organizations in Bavaria.
(1481-PS,USA-737, Tr. p. 255). State Police Order, 28 May 1934 at Dusseldorf, signed Schmid, concerning sanction of denominational youth and professional associations and distribution of publications in churc (r-143,USA-745, Tr. p. 255). 54.
Report by Headquarters, Third United States Army, 21 June 1945, concern Flossenburg Concentration Camp.
(2309-PS,USA-245, Tr. p. 1398, 1412).
Affidavit of Hans Marsalak, 8 April 1946, concerning Mauthausen Concent tion Camp and dying statement of Franz Ziereis, the Commandant.
(3870-PS USA-797, Tr. p. 7699). American concentration camp films (2430-PS, USA 79, Tr. p. 593). Soviet atrocity films (USSR-81, Tr. p. 4673). Affida vit of Rudolf Franz Ferdinand Hoess, 5 April 1946 : ".... I commanded Au chwitz until 1 December 1943, and estimate that at least 2,500,000 vict were executed and exterminated there by gassing and buring, and at leas another half million succumbed to starvation and disease making a total dead of anout 3,000,000.
This figure represents about 70 or 80 % of al persons sent to Auschwitz as prisoners, the remainder having been selec and used for slave labor in the concentration camp industries.
Include among the executed and burnt were approximately 20,000 Russian prisoner of war (previously screened out of Prisoner of War cages by the Gestape who were delivered at Auschwitz in Wehrmacht transports operated by regu lar Wehrmacht officers and men.
The remainder of the total number of victims included about 100,000 German Jews, and great numbers of citize mostly Jewish from Holland, France, Belgium, Poland, Hungary, Cezchosl kia, Greece, or other countries.
We executed, about 400,000 Hungarian Jews alone at Auschwitz in the summe of 1944 .... I visited Teblinka to find out how they carried out their extermination.
The Camp Commandant at Treblinka told me that he had lig dated 80,000 in the course of one-half year. He was principally concern with liquidating all the Jews from the Warsaw Ghetto. He used monoxide gas and I did not think that his methods were very efficient. So when I set up the extermination building at Auschwitz, I cused Cyclon B, which a crystallized Prussie Acid which we dropped into the death chamber from small opening. It took from 3 to 15 minutes to kill the people in the chamber depending upon climatic conditions. We knew when the people were dead because their screaming stopped. We usu ally waited about one half hour before we opened the doors and removed the bodies. After the bodie were removed our special commandos took off the rings and extracted the gold from the teeth of the corpses. Another improvement we made over Treblinka was that we built our gas chambers to accommodate 2,000 people at one time, whereas at Treblinka their 10 gas chambers only accommodated 200 people each. The way we selected our victims was as follows : we had two SS doctors on duty at Auschwitz to examine the incoming transports of prisoners. The prisoner would be marched by one of the doctors who would make spot decisions as they walked by. Those who were fit for work were sent into the Camp. Others were sent immediately to the extermination plants. Children of tender years were invariable exterminated since by reason of their youth they were unable to work. Still another improvement we made over Treblin ka was that at Treblinka the victims almost always knew that they were be exterminated and at Auschwitz we endeavored to fool the victims into thinking that they were to go through a delousing process. Of course, frequently they realized our true intentions and we sometimes had riots and difficulties due to that fact. Very frequently women would hide the children under the clothes but of course when we found them we would sen the children to be exterminated. We were required to carry out those exterminations in secrecy but of course the foul and nauseatin stench from the continuous burning of bodies permeated the entire area and all of the people living in the surrounding communities knew that extermina tions were going on at Auschwitz ". (3868-PS,USA-819, Tr.p. 7810). 55.
Testimony of Witness Blaha. (Tr. pp. 2592. 2636).
Testimony of witness Hoess. (Tr. pp. 7765, 7829.)
Footnote Number -------56.
Testimony of the Defendant Funk. "... And when these measures of terror and violence against Jews were put up to me, I suffered a nervous breakdown because at the moment it came to my mind with all clearness that from here on the catastrophe took its course all the way up to the terrible and atrocious things about which we have heard here and about which I knew only in part from the time of my captivity.
I felt ashamed and the feeling of guilt at that moment and I do feel the same way today, but too late."
(Tr. pp.
9042-3). Von Schirach has testified that "Hitler's racial policy was a crime" (Tr. p.10295) and that Auschwitz "is the greatest and most devilish mass murder of history."
(Tr. p.10293) 57.
Testimony of Frank. "... I myself have never installed an extermination camp for Jews or demanded that they should be installed, but if Adolf Hitler personally has turned that dreadful responsibility over to these people of his, then it must be mine too."
(Tr. p.8099).
58. English transcript p.13116.
59. Hitler "Mein Kampf." "In regard to this point I should like to make the following statement:
To demand that the 1914 frontiers should be restored is a glaring political absurdity that is fraught with such consequences as to make the claim itself appear criminal The confines of the Reich as they existed in 1914 were throughly illogical.
...We National Socialists must stick firmly to the aim that we have set for our foreign policy, namely, that the German people must be assured the territorial area which is necessary for it to exist on this earth.
...The territory on which one day our German peasants will be able to bring forth and nourish their sturdy sons will justify the blood of the sons of the peasant that has to be shed today."
(GB-128, Tr. pp.2281-2).
60. Hitler, "Mein Kampf" (GB-128, Tr. p.2285).
61. Hitler, "Mein Kampf." "The soil on which we now live was not a gift bestowed by Heaven on our forefathers.
But they had to conquer it by risking their lives.
So also in the future our people will not obtain territory, and therewith the means of existence, as a favor from any other people, but will have to win it by the power of a triumphant sword."
(GB-128, Tr. p.2278).
62. English transcript, pp.6068-9.
63. English transcript, p.6071.
64. Affidavit of Schnitzler, 10 November 1945 (EC-439, USA 618, Tr. pp.
282, 283, 2532.)
65. Letter from Krupp to Hitler, 25 April 1933, with enclosure (D-157, USA-765, Tr. pp.
299, 5124).
66. Krupp speech "Thoughts about the Industrial Enterpriser," January 1944.
"...I have already often repeated orally as well as in writing, and today I also want to restate to this group that, according to the terms of the Dictate of Versailles (Diktat) Krupp had to destroy and demolish considerable quantities of machines and utensils of all kinds.
It is the one great merit of the entire German war economy that it did not remain idle during thos bad year even though its activity could not be brought to light for obvious reasons.
Through years of secret work, scientific and basic ground work was laid, in order to be ready again to work for the German Armed Forces at the appointed hour, without loss of time or experience (D-317, USA 770, Tr. p.289).67.
The Fifth Day of the Party Congress, from Voelkischer Beobachter, Munich (Southern German) Edition, Issue 258, 14 September 1936 (2283-PS, USA 337, Tr. p.255). The Social Life of the New Germany with Special Consideration of the German Labor Front, containing principal parts of the two NSDAP orders directing seizure of unions in 1933, pp.
51-54 (302-PS, USA 326, Tr. p.1600). Organization Book of the NSDAP, the NSBO, p. 185 (2271-PS, USA 328, Tr. p.255).Affidavits of Josef Simon, Chairman of German Shoemakers Union in 1933 (2335-Ps, USA 749, Tr. p.255). Affidavits of Lorenz Hagan, Chairman of Local Committee, German Trade Unions, Nurnberg (2334-PS, USA 238, Tr. p.1405). Affidavit of Mathias Lex, deputy president of the German Shoemakers Union (2928-PS, USA 239, Tr. pp.
1405, 2258) Affidavit, 17 October 1945, of Gustav Schiefer, Chairman of General German Trade Union Association, Local Committee, Munich 1933 (2277-PS, USA 748, Tr. p. 255). Death certificate, Flossen burg Concentration Camp, concerning union leader Staimer and official letter to his wife, 22 December 1941 (2332-PS, Tr. p.255). Death certificate, Flossenburg Concentration Camp, concerning union leader Hermann, and official letter to his wife, 29 December 1941 (2333-PS, USA 744, Tr. p.255).68.
National Socialist Party Correspondence, release of 2 May 1933, p.1 (2224-PS, USA 364, Tr. pp.
1662-4). Voelkischer Beobachter (People's Observer) Munich edition, 17 May 1933, Fuehrer Edict, p.1 (1940-PS Tr. p. 255). The German Labor Front, Nature, Goal, Means -- Official publication of the German Labor Front, footnote on p.11 (2275-PS, Tr. p.255).69.
Law concerning trustees of labor, 19 May 1933, 1933 Reichsgesetz blatt, Part I, p.285 (405-PS, Tr. p.255).70.
Speech by Ley published in Forge of the Sword, with an introduction by Marshal Goering, pp.
14-17 (1939-PS, Tr. p.255).
71. Minutes of second session of Working Committee of the Reich Defense held on 26 April 1933 (EC-177, USA 390, Tr. pp.
1699, 1727). 72. Minutes of conference of sixth session of Working Committee of Reich Defense Council, held on 23 and 24 January 1934 (EC 404, USA 764, Tr. pp.
291, 5124).
73. Directive from Blomberg to Supreme Commanders of Army, Navy and Air forces, 24 June 1935; accompanied by copy of Reich Defense Law of 21 May 1935 and copy of Decision of Reich Cabinet of 12 May 1935 on the Council for defense of the Reich (2261-PS, USA 24, Tr. pp.
277, 292).
74. Memorandum report about the Four Year plan and preparation of the war economy, 30 December 1936 (EC-408, USA 579, Tr. pp.
279, 281, 287, 5874, 6083).75.
Report on state of preparation for war economic mobilization as of 30 September 1934.
(EC-128, USA 623, Tr. pp.295, 2537).
Footnote number -------76.
Law against Economic Sabotage, 1936 Reichsgesetzblatt, Part I, p.999.
77. Affidavit of Puhl, 2 November 1945. (EC-436, USA-620, Tr. pp.255, 2535).78.
Minutes of meeting of council of ministers on 27 May 1936 (1301-PS, p.15, USA 123, Tr. p.299).79.
English transcript, p.8342.
80. English transcript, p.2135.
81. Excerpts from Diary kept by General Jodl, January 1937 to August 1939 (1730-PS, USA 72, Tr. pp.
556, 1157).
82. Notes on a conference with Hitler in the Reich Chancellery, Berlin, 5 November 1937, signed by Hitler's Adjutant, Hossbach, and dated 10 November 1937 (386-PS, USA 25, Tr. pp.
336, 735, 2137).
83. File of papers on Case Green (the plan for the attack on Czechoslo vakia) kept by Schmundt, Hitler's Adjutant, April-October 1938 (388-PS, USA 26, Tr. pp.
735, 741-748, 760-765, 769-776, 793, 789-807).
84. Excerpts from Diary kept by General Jodl, January 1937 to August 1939 (1780-PS, USA 72, Tr. pp.
556, 1157).
85. File of papers on Case Green (the plan for the attack on Czechoslovakia kept by Schmundt, Hitler's Adjutant, April-October 1938 (388-PS, USA 26, Tr. pp.
744).
Footnote 26 July LJG 10-1e Number -------86.
Documents found in official Navy files containing notes year by year, from 1927 to 1940, on reconstruction of the German Navy, and dated 18 February 1938, 8 March 1938, September 1938.
(C-23, USA-49, Tr. p. 449). 87. "Germany neither intends or wishes to interfere in the internal affairs of Austria, to annex Austria, or to unite with Austria."
Berlin, May 21, 1935, Voelkischer Beobachter, May 22, 1935.
"Immediately after the Anschluss, I informed Yugoslavia that the frontier in common with that country would henceforth be regarded as unalterable by Germany and that we wished to live with her in peace and friendship."
(Berlin, Oct. 6, 1939, Voelkischer Beobachter, October 7, 1939.
"I have given binding declarations to a num ber of states.
None of these can complain that even a trace of a demand contrary there to has ever been made to them by Germany.
None of the Scandinavian statesmen, for example, can contend that the German Government or that German public opinion has ever made a demand which was incompatible with the sovereignty and integrity of their state."
Berlin, April 28, 1939, Voelkischer Beobachter, April 29, 1939.
"We have given guarantees to the states in the West and have guaranteed to all contiguous neighbors the inviolability of their territory as far as Germany is concerned.
That is not a phrase; that is our sacred will."
Berlin, September 26, 1938, Voelkischer Beobachter, September 27, 1938.
"Without taking the past into account, Germany has concluded a non-aggression pact with Poland.
This is more than a valuable contribution to European peace, and we shall adhere to it uncondition ally.
We only hope that it will be renewed and continued uninterruptedly and that it will deepen the friendly relations between the two countries.
With the under standing and heartfelt friendship of genuine nationalists we recognize Poland as the home of a great and nationally conscious people."
Berlin, May 21, 1935, Voelkischer Beobachter, May 22, 1935.
"Germany has steadily given her assurance, and I solemnly repeat this assurance here, that between ourselves and France, for example, there are no grounds for quarrel that are humanly think able."
Berlin, January 30, 1937, Voelkischer Beobachter, January 31, 1937.
88. Notes on conference between Goering, Mussolini, and Ciano, 15 April 1939 (1874-PS, USA-125, Tr. p. 929). 89.
Note for Reichminister, 26 August 1938 (TC-76, GB-31, Tr. p. 980). 90.
Speech of Fuehrer at a conference, 23 November 1933, to which all Supreme Commanders were ordered (789-PS, USA-23, Tr. pp.
275, 931). 91. Minutes of conference with Goering at the Air Ministry, 14 October 1938, concerning acceleration of rearmament (1301-PS, USA-123, Tr. pp.
295, 296, 299, 300, 2555, 2556, 2558, 2559, 5126.)
Notes on conference with Goering in Westerland on 26 July 1939, signed Mueller, 26 July LJG 10-2e dated Berlin, 27 July 1939 (R-133, USA-124, Tr. p. 928) 92.
Minutes of conference, 23 May 1939 "Indoctrination on the Political Situation and future Aims."
(L-79, USA-27, Tr. pp.
*---*, 408, 930). 93. Minutes of Second Meeting of Reich Defense Council, 23 June 1939 (3787-PS, USA-782, Tr. pp.
6406, 6167, 12875-12886). 94.
Minutes of conference, 23 May 1939, "Indoctrination on the Political Situation and Future Aims."
(L-79, USA-27, Tr. pp.
359, 408, 930). 95. Letter from Frank to Goering, 25 January 1940 (1375-PS, USA-172, Tr. p. 1273). 96.
Thierack's notes, 18 September 1942, on discussion with Himmler concerning delivery of Jews to Himmler for extermination through work (654-PS, US -218, Tr. pp.
1350, 1950). Letter from Minister of Justice to Prosecutors, 1 April 1944, concerning Poles and Jews who ore released from Penal institutions of Department of Justice (701-PS, USA-497, Tr. p. 1940). 97.
Directive of 27 April 1943 to Commanders of Concentra tion Camps, regarding executions of prisoners (1933-PS, USA-459, Tr. p. 1844). 98.
Copy of telegram from Mueller to Himmler, 16 December 1942, concerning recruiting Jewish labor (1472-PS, USA-279, Tr. p. 1454). Mueller's order, 17 December 1942, concerning prisoners qualified for work to be sent to concentration camps ( 1063-D-PS, USA-219, Tr. p. 1354). 99.
Speer's conference minutes of Central Planning Board, 1942-44, concerning labor supply, p. 36 (R-124, USA 179, Tr. pp.
1286, 1293, 1309, 2989). 100. Report signed by Doenitz, 1944, giving support to Navy and Merchant Marine.
(C-195, GB-211, Tr. p. 2709).
101. Speer's conference minutes of Central Planning Board, 26 July LJG 10-3e 1942-44, concerning labor supply (R-124, USA-179, P. 32 Tr. pp.
1293, 1286, 1309). 102. Memorandum of 15 Spetember 1941 from Canaris to Keitel concerning an OKW Order regulating the treatment of Soviet prisoners of war (EC-338, USSR-356, Tr. p. 4441). 103.
English transcript, p. 6016. 104. Examples of violations of International Law and proposed counter propaganda, issued by OKW, 1 October 1938, (C-2, USA-90, Tr. p. 2959). 105.
OKW circular entitled Direction of War as Problem of Organization, 19 April 1938 (L-211, GB-161, Tr. p.2397). 106.
English transcript p. 5786. 107. Report by Raeder to Hitler, 16 October 1939 (C-157, GB-224, Tr. p. 2734). 108.
Extract from Befehlshaber der U-bootes; Secret Stand ing Order No. 154 signed by Doenitz.
(D-642, GB-196, Tr. p. 2663).Operation Order "Atlantic" No. 56 for U-boats in Atlantic, 7 October 1943 (D-663, GB-200, Tr. p. 2666). 109.
English transcript, p. 6069. 110. English transcript, p. 5843. 111. English transcript, p. 6050-6052. 112. Extracts from testimony of Goering; "As soon as we had come into power we were decided to keep that power under all circumstances.
.. we could not leave this to the play of coincidence by way of elections and parliamentary majorities.
..." (Tr. p. 5824). "The Laender Parliaments.
.. I considered entirely superflu ous.
..I could not understand why so many different authorities should exist which, with their unnecessary frictions, discussions, arguments, could only prevent constructive work.
.. A further point in the strengthen ing of power was the elimination of the Reichstag as a parliament.
.. In some cases we suggested to the former parties they dissolve themselves, because they 26 July LJG 10-4e had no purpose, end those who would not dissolve them selves were dissolved by us."
(Tr. p. 5828).
"...Towards the further strengthening of power, those laws were established which.
..did away with the so called freedoms.
.." (Tr. p. 5829). See also Tr. p.
6049, 6051. Frick accurately predicted the Nazi method of dealing with political opponents when he declared to an opposing member of the Reichstag in 1932, "Don't worry, when we are in power, we shell put all of you guys into concentration camps."
(Affidavit of Gebhart
H.Seger, L-83, USA-234). 113. English transcript, p. 6064. 114. English transcript, p. 6054. 115. English transcript, p. 5860. 116. Stenographic report of the meeting on The Jewish Question, under the Chairmanship of Fieldmarshal Goering, 12 November 1938, (1816-PS, USA-261, Tr. p.1440). 117.
Memorandum, 19 November 1938, concerning meeting of Reich Defense Council (3575-PS, USA-781, Tr. p. 6406, 6157). See also Tr. p. 5846.
For similar reasons Goering preferred the destruction of Jews rather than of their property (1816-PS). 118.
English transcript, p. 13706. 119. Other factors were not overlooked. One of the reasons for von Neurath's selection as Foreign Minister at the beginning of the Nazi regime was his excellent connections abroad.
(Tr. p. 6024). 120. Hitler's speech to Commanders-in-Chief, 22 August 1939 (1014-PS, USA-30, Tr. p. 377). 121.
Affidavit of Alfred Helmut Naujocks, 20 November 1945 (2751-PS, USA-482, Tr. p. 1907). Likewise, Jodl noted in his diary a few weeks before the planned invasion of Norway that the Fuehrer was still looking for an excuse for the operation ( 1809-PS, GB-88, Tr. p. 1088, 26 July LJG 10-5e 2403). 122.
Case Green with wider implications, report of Intel ligence Division, Luftwaffe General Staff, 25 August 1938.
(375-PS, USA-84, Tr. p. 752).
Footnote Number -------123 Minutes of conference, 23 May 1939, "Indoctrination on the political situation and future aims."
(L-79, USA-27, Tr. pp.
399, 408, 930). 124 Goering has accepted responsibility for the Nurnberg Laws, which he signed (Tr.p. 5871), for the Austrian Anschluss (Tr.p. 5895), and for the use of prisoners of war in armament industries (Tr.p. 6219). Von Schirach had admitted responsibility for the training of the Hitler Youth:
"It is ray guilt that I educated the German youth for a man who committed murders million-fold.
I believed in that man. That is all that I can say as an ex planation for my attitude.
But that guilt is my own, my personal guilt.
I had the responsibility for the youth. I carried the authority of command; and so I alone carry the guilt for that youth."
(Tr.p. 10295). Frank has admitted, "I feel a terrible guilt within me."
(Tr.p. 8092). 125 Goering blamed persecution of the churches on Himmler and Bormann.
Tr.p. 5856. Schirach blamed extermination of the Jews on Hitler and Himmler:
"The murder was ordered by Adolf Hitler.
.. he and Himmler together committed that crime, which of all times is the darkest spot in our history.
It is a crime which is shameful to every German."
(Tr.p. 10293). 126 Final argument of Dr. Stahmer, counsel for Goering. Tr.pp.
12973, et seq. 127 "The Nazi Plan", excerpt of script of a motion picture composed of captured German film.
(3054-PS, USA-167, Tr.p. 1264). 128 Goering testified: "No, I did not want any war..." Tr.p. 6087.
Ribbentrop testified: "The Fuehrer has -- and then I have upon his orders, and I believe I may be a good witness for it myself -always tried to solve these problems in a diplomatic way."
Tr.p.6826. 129 Goering testified: "to set aside Versailles, the State had to Footnote Number -------be strong, for a weak state was never listened to; that we know from experience."
Tr.p. 6070.
130 Goering testified: "I told the Fuehrer that in spite of this principal point of view I oversaw a menace threatening from Russia; I still would ask him to rather let this menace continue to exist and, if it was at all possible, to try to direct the interests of Russia against England."
Tr.p. 3957.
131 English transcript, p. 6048.
132 English transcript, pp. 5894-5, 6036, 6069.
133 English transcript, p. 5998.
134 Other defendants admitted that the wars were aggressive.
Schacht testified: "Q. Well, we found something we agree on, Doctor.
You know of the invasion of Poland? A. Yes. Q. As an unqualified act of aggression on Hitler's part?
A. Absolutely Q. And of Holland?
A. Absolutely. Q. And of Denmark?
A. Absolutely. Q. And of Norway? A. Absolutely. Q. And of Yugoslavia?
A. Absolutely. Q. And of Russia? A. Absolutely, sir; and Norway and Belgium, which you left out."
Tr.p. 8910.
135 Goering testified: "I urged him not at that moment or an even short time thereafter to start any war against Russia."
Tr.p.
5956; see also Tr.p. 6056. Keitel testified that he wrote a memorandum to Hitler opposing the attack on Russia.
He said:
"But I did in that memorandum most certainly refer to the fact that the Non-aggression Pact existed."
Tr.p. 7096.
136 English transcript, p. 12929.
137 OKW Directive for Unified Preparation for War 1937-1938, with covering letter from von Blomberg, 24 June 1937.
(C-175, USA-69, Tr.p. 547). Yet it was in this period that Goering was trying out the strength of his Luftwaffe in the Spanish Civil War (Tr.p. 5871). Goering has admitted the non-defensive nature of the Luftwaffe (Tr.p.5896). Footnote Number -------138 Final argument of Dr. Stahmer, counsel for Goering.
"Therefore, a conspiracy with a dictator at its head is a contradiction in itself.
A dictator does not enter into a conspiracy with his followers, he does not make any agreement with them, he dictates.
Tr.p. 12970.
139 English transcript, p. 12155.
140 English transcript, p. 12183.
141 English transcript, pp. 5854, 6036, 6056.
142 Extracts from Organization Book of the NSDAP, 1943 edition.
(1893-PS, USA 323, Tr. p. 1578).
143 Criminal Code, 1871, Sec. 128 (never repealed).
144 Goering testified: "In the case of Schacht he was a very strong personality and whilst not wanting to over-emphasize my importance and disregarding whether we were friends or not, on the basis of the two positions we had to get into difficulties and one or the other had to cede finally."
Tr.p. 6082.
145 "Q. Mr. Dahlerus, will you tell me whether I got all of your last answer to Dr. Stahmer correctly?
Did you say that 'I then realized that it was on the 26th of September, that his, Goering' aim, had been to split Poland and grab and occupy Poland with the consent of Great Britain'? Is that right?
A. Yes, it is correct but I should like to say it was the German Government's, inclu ding Goering's, aim."
Tr.p. 6119. The Fuehrer informed Goering some time before the attack on Poland was launched that the task was to "eliminate British intervention."
(TC-90, GB-64).
146 Hitler's speech to the Commanders-in-Vhief, 22 August 1939.
(1014-PS, USA-30, Tr.p. 376).
147 Frank Diary. Tagebuch. 1 January 1944 to 28 February 1944.
Entry of 14 January, 15 January, 8 February 1944. (2233-BB-PS, USA-295, Tr.p. 1501).148 Note, 11 April 1943, and report of speech of Koch in Kieve on Footnote Number -------5 March 1943, concerning treatment of civilian population in Ukraine.
(1130-PS, USA-169, Tr.p. 1269).
149 Frank testified: "Q. Did you ever participate in the destruc tion of Jews?
A. I saw yes, and the reason why I say yes is because, being under the impression of these five months of this trial, and particularly under the impression of the state ments made by the witness Hoess, I cannot allow it before my conscience that responsibility for all this should be handed over to these small *---* alone.
I myself have never installed an extermination camp for Jews or demanded that they should be installed, but if Adolf Hitler personally has turned that dreadful responsibility over to these people of his, then it must be mine too.
We have fought against Jewry; we have fought against it for years; and we have allowed ourselves to make utterances, and my own diary ins become a witness against me in this connection -- utterances which are terrible.
It is my duty -- my only duty -- therefore, to answer your question in this connection with Yes.
A thousand years will pass and this guilt of Germany will still not be erased."
(Tr.p. 8099).
150 Funk explained that he did not hold "the position of minister as one would generally think of it."
(Tr. p. 9014).
151 Ribbentrop, Tr.p. 6837, 6823; Keitel, Tr.p. 7157; Funk, Tr.p.
9118; Goering, Tr.p. 6247.
152 English transcript, p. 8910, supra note 121.
153 English transcript, p. 8808, 8814-17, 8923-25.
154 "The fact was that Hitler tried to use this defeat for the self destruction of the German people, as Speer has testified and con firmed, in a most terrible way, and as I could observe in the last phase of the conflict in Berlin when, under the pretense of a false hope, fifteen-year-old, fourteen-year-old, and thirt een-year-old boys were equipped for war with hand firearms and called into battle, boys who perhaps might have been the hope for the period of reconstruction.
Hitler fled into death, and he left the official report that he had died in battle.
I learned that he had committed suicide, and my last public statement, on 2 May 1945, was the publication of the fact of this suicide, for I wanted to kill a Hitler legend in the bud."
(Tr.p.12547). Dahlerus has recorded his impression of Hitler, before the war, as "a completely abnormal person."
(Tr.p. 6125). 155 English transcript, p. 12080. 156. English transcript, p. 12117 157. Milch testified: "My offer that I would try to speak to Hit ler against war once more was rejected by the Reichsmarshal as absolutely hopeless."
(Tr.p. 5576). 158. English transcript, p. 12118. 159 English transcript, p. 6881 160. Minutes of second session of Working Committee of the Reich Defense Council held on 26 April 1933.
(EC-177, USA-390, Tr.pp.
1699, 1727). 161. Raeder testified: "That is the circumvention of the Versailles Treaty as far as that was necessary to improve our defenses, which I explained during the recent days here.
It was a matter of honor for every man to do it."
(Tr.p. 9919.) 162. Goering testified: "During a conversation which I had with Foreign Minister von Ribbentrop who was in London at that time, I stressed, that the ultimatun had not been put by ourselves but by Seyss-Inquart.
That was absolutely true. Legally, in fact, of course I put it, but that telephone conversation was heard on the English side and I had to conduct a diplomatic con versation, and I have never heard yet that diplomats in such cases say later how it was in fact, but they always stress how it was de jure, and why should I be an exception there?"
(Tr.p.5891) But the transcript of the telphone conversation between Goering and Seyss-Inquart which led to the capitulation of Austria shows Goering saying:
"Now, remember the following: You go immediately together with Lt. General Muff and tell the Federal President that, if the conditions which are known to you are not accepted immediately, the troops who are already stationed in and ad vancing to the frontier will march in tonight along the whole line, and Austria will case to exist."
Transcript of tele phone calls from Air ministry, 11-14 March 1938.
(2949-PS, USA-76, Tr.p.566 163.
German assurance to Czechoslovakia of 11 March 1938.
(Tc-27, GB-21, Tr.p. 962.) 164 Speer's conference minutes of Central Planning Board, 1942-44, concerning labor supply.
(R-124, USA-179, Tr.pp. 1286, 1293, 1309, 2989.)
165. English transcript, p. 5878. 166. English transcript, p. 6150 167. English transcript, p. 5900: see also Tr.p. 5998. 168. English transcript, p. 8527. 169. English transcript, pp. 8516-19 170. English transcript, p. 13276. 171. English transcript, p. 6857. 172. Examples of the application of this philosophy may be found in Goerings' explanation of his art looting:
he had intended to put his pictures in a gallery which he intended to construct for the German people -- some day (Tr.p. 5934): his statement that he had always held that captured enemy airmen were to be treated as "comrades" (Tr.p. 5979); and his attempt to minimize his words advocating harsh treatment of the Jews, as the result of conversational excitement (Tr.p. 6192).THE PRESIDENT:
The Tribunal will adjourn.
(A recess was takne until 1400 hours.)
(The hearing reconvened at 1345 hours, 26 July 1946)
THE PRESIDENT:I call on the Chief Prosecutor of the United Kingdom, Great Britain and Northern Ireland.
SIR HARTLEY SHAWCROSS:May it please the Tribunal; like my distinguished colleague whose suecinct, able and eloquent speech I cannot hope to emulate, I desire on behalf of the British Prosecutors at this trial to lay before the Tribunal some comment. I am afraid it is of some length on those salient and outstanding features of the evidence which, in our submission, make clear the guilt of these defendants. Although throughout these proceedings the representatives of the prosecuting powers have worked in the closest cooperation and agreement and although there are certain matters which I shall be laying before the Tribunal on behalf of all of us, we all thought it right at this final stage, even at the cost of some inevitable repetition and overlapping, that we should prepare our final submissions quite independently so that the Tribunal and our own countries might know exactly the grounds on which we seek the condemnation of these men; and if it turns out that several of us point to the same evidence or reach similar conclusions, a: no doubt it will, that very coincidence reached independently may perhaps add force to our submissions that each of these defendants is legally guilty.
That those Defendants participated in and are morally guilty of crimes so frightful that the imagination staggers and reels back at their very contemplation is not in doubt. Let the words of the Defendant Frank, which were repeated to you this morning, be well remembered: "thousands of years will pass and this guilt of Germany will not be erased." Total and totalitarian war, waged in defiance of solemn undertakings and in breach of Treaties; great cities, from Coventry to Stalingrad, reduced to rubble, the country side laid waste, and now the inevitable aftermath of war so fought -- hunger and disease stalking through the world: millions of people homeless, maimed, bereaved. And in their graves, crying out, not for vengeance but that this shall not happen again, ten million who might be living in peace and happiness at this hour, soldiers, sailors, airmen and civilians killed in battles that ought never to have been.
Nor was that the only or the greatest crime. In all our countries who perhaps in the heat of passion or for other motives which impair restraint some individual is killed, the murder becomes a sensation, our compassion is aroused, nor do we rest until the criminal is punished and the rule of law is vindicated. Shall we do less when not one but on the lowers computation twelve million men, women and children, are done to death. Not in battle, not in passion, but in the cold, calculated, deliberate attempt to destroy nations and races, to disintegrate the traditions, the institutions a the very existence of free and ancient States. Twelve million murders. Two thirds of the Jews in Europe exterminated, more than six million of them on the killers' own figures. Murder conducted like some mass production industry in the gas chambers and the ovens of Auschwitz, Dachau, Treblinka, Buchenwald, Mauthausen, Maidanek and Oranienburg.