12, 13 and 14. They will bear respectively Exhibit Nos. 94, 95 end 96. From this correspondence it can be seen that Farben was very reluctant and resisted very much in participating in this work. And especially Document 413, which is Exhibit 95, shows that the president of the Reich Statistical Office threatened Farben with reporting their attitude to the Reich Ministry of Economics unless they explained their attitude immediately and satisfactorily. It is superfluous to deal with this correspondence any further.
Document 415, which is Exhibit 97, is another circular letter of the President of the Reich Statistical Office, dated January 1936. This letter ordered production inquiries for the year 1936.
Document 416 will bear Exhibit No. 98. It is to be joined to the Documents 94 through 96, and it shows that also in 1937, Farben clung to their negative statements expressed by them on May 9, 1935 and on 25 March 1935. This negative attitude of Farben caused the Expert in the Statistical Reich Office in charge of the Chemical Industrial investigations in 1936, by the name of Dr. Vogel, to send on the 28 July 1937 to Dr. Eichwede, the corresponding officer of Farben, a letter of a more private nature, in which Dr. Vogel attempted to eliminate "an indisputable mutual disharmony, the results of which are quite injurious to the entire project." I submit this letter in the form of Document 417, and it will be given Exhibit No. 99.
Document 418, Exhibit No. 100, is the answer of Dr. Eichwede to this letter of Dr. Vogel. Dr. Eichwede emphasized in connection therewith, and I quote: "The enormous scope of the questions asked in the questionnaire and also the large number of counter-questions on the one hand, and the interests of the Reich Statistical Office and industry which are frequently at odds on the other hand, indicate that certain differences of opinion on the necessity and expediency of the questions asked do exist and will also continue to exist."
Document No. 419, which is Exhibit No. 101, is a letter of the Office of the Technical Committee, together with a copy of the letter from the Reich Office for Economic Planning.
Dr. Ter Meer already referred to this letter today, when he stated that the Statistical Reich Office made its Department VII in 1938 independent and that the latter was named was "Reich Office for Military Economic Planning." This was an open designation which was not in any way kept secret.
The next two documents, Document No. 420 and 421, will hear exhibit numbers 102 and 103 respectively, and belong together. They are to show that not only Berlin authorities, but also provincial agencies bothered private industry with such inquiries, as can be seen by the reoly to this particular inquiry.
In Exhibit No. 102 and its reply Exhibit No. 103, Farben points out that the Vermittlungsstelle-W was the Central negotiating agency for such questions.
Document No. 422 will bear Exhibit No. 104. It shows again that statistical production inquiries are used as a basis for drawing up mobilization plans.
Then follows Document No. 423, Exhibit No. 105; Document No. 424, Exhibit No. 106; Document No. 425, Exhibit No. 107, which show the concern with the dyestuffs mobilization plan, and are to illustrate the statements made by Dr. Ter Meer about this particular point. Document 426 will be Exhibit No. 108. It is submitted to show that the supervising agency chemistry repeatedly urged Farben for speeding up their work.
Document No. 427, Exhibit No. 109, is the letter which accompanied the mobilization plan to Leverkusen.
The last document is this book finally, is Document No. 428, which bears Exhibit No, 110. From this it again can be seen that the mobilization task had the character of an order from the authorities...
This concludes all the documents in regard to mobilization planning. No further questions on this point.
Now, the question arises, before any further documents are presented and before any further examination can take place, whether the Court has Document Book IV before it in English.
I do not know that. At the recess it was not yet available.
THE PRESIDENT:The Tribunal has a note from the Language Department that this book IV in English will be distributed by 3 o'clock this afternoon. That is about 30 minutes away. What about your remaining documents in this Book I and Book III, could you spend sometime in getting them in evidence in the meantime?
DR. BERNDT:Mr. President, the documents from Books I and III are submitted with the exception of a very few documents which refer to Dr. Ter Meer's activity in Italy. I had the intention of offering them when I examined him about the Italian question.
THE PRESIDENT:Could you do that now, Doctor?
DR. BERNDT:It was my intention to treat the Italian question together with Count II of the indictment.
THE PRESIDENT:Have you anything to suggest as to how you may consume profitably the next 30 minutes? 3 O'clock will be our time for recess and we shall be out of the room for 15 or 20 minutes anyway, and that will give that much more lee-way to take care of the committment that we have that Book IV will be here by 3 o'clock, so perhaps we can be assured of Book IV after the recess. If you can consume the next 30 minutes on some angle of your presentation. I think we will be able to get by the day. Have you anything further you can do during the next 30 minutes here?
DR. BERNDT:May I suggest, Mr. President, my colleague Dr. von Rospatt is now ready to submit to the Tribunal those books which have not yet been submitted on behalf of his client Dr. Krauch.
THE PRESIDENT:Very well. We Will have to send for the books. Can you state what books we need so we can send a memo to our office?
DR. BERNDT:Krauch books VI, VII and VIII, Mr. President?
THE PRESIDENT:Stand by just a few moments until the Prosecution and the Tribunal has an opportunity to bring in its books.
Dr. Ter Meer you may remain sitting in the witness box or you may return to your accustomed seat, as you please.
THE WITNESS TER MEER:This chair is better.
THE PRESIDENT:Very well. You may stay where you are, then.
DR. von ROSPATT: (for the defendant Professor Krauch) Mr. President, the last exhibit offered in case VI is document 37, Exhibit No. 124. In connection with Count IV, the next documents now deal with the attitude of Professor Krauch towards science that was doubted by the Prosecution, his attitude towards science, members of science, Jews and half Jews and political persecutees. May I be permitted to remind the Tribunal in this connection of the fact that Professor Krauch, because of reticence which is understandable when one knows his character, has asked me not to examine him about these things at the time, so that he himself would not have to declare to what extent he intervened personally for these people because, after all, it is a matter which corresponds to his sense of duty towards humanity. It serves to expedite the trial if I can sum up the facts arising from the documents and then offer the documents with a brief reference.
In his intervention with regard to Jews and half Jews Professor Krauch undertook, by using his positions as Plenipotentiary General for Chemistry and Provisional chief of the Reich Office for Economic Development, and his intervention consisted in the fact that Dr. Krauch caused these unfortunate people to receive other positions abroad, where they were able to earn a living in a dignified manner. That was the sort of indirect assistance he offered. On the other hand, he intervened directly for racial persecutees against the Gestapo and other authorities of the State and along the same line Dr. Krauch intervened in regard to those scientists not acceptable to or suspected by party authorities. His protective measures consisted in direct intervention with party agencies and indirectly by the fact that he camouflaged as war essential certain scientific work which was, in reality, devoted to quite general scientific research. Further in this framework of evidence we are going to show what a tremendously large assistance Dr. Krauch granted to science in general.
Documents finally will prove that this intervention of Dr. Krauch, in many cases, endangered politically his own person, and although Dr. Krauch knew this, he nevertheless undertook this assistance. I shall now COURT VI CASE VI turn to the documents individually.
Document No. 47 and No. CO show Dr. Krauch's general attitude for the fact that he did not regard the engagement of racially persecuted Jews as objectionable.
Document #47 will be Exhibit #125.
Document 80 will be Exhibit No. 26. The latter document shows Dr. Krauch' active interest in having Jewish associates transferred abroad.
THE PRESIDENT:Pardon me, counsel, let's get straight on these numbers. This Document 80 is Exhibit No. 126?
DR. von ROSPATT: No. 126.
THE PRESIDENT:Did you offer 47?
DR. von ROSPATT: Document No. 47 is Exhibit No. 125.
Document 56 will be Exhibit No. 127. It lies along the same line. Document No. 69 treats the so-called case Leuchs, which is an intervention for Leuchs' Jewish wife against the Gestapo. In order to understand this document one must know that in the course of the War the Gestapo also took action against those non-Jews who had Jewish relatives, the "Juedisch Versippt" as it was called in the Nasi idealogy. These married to Jews and those who were closely related to Jews. This deals with the Leuchs case, and others who were called "Juedisch Versippt" and were to be deported to so-called correction camps of the OT. This is Exhibit No. 128.
Krauch Document #52 deals with a similar case in the person of Dr. Eggert now living in Switzerland. It is offered as Exhibit No. 129.
Document No. 49 corroborates the exchange of Dr. Carl Mueller of Farben with Dr. Hasenclever in New York. This refers to Exhibit No. 130.
Document No. 105 shows how Professor Krauch rescued the Jewish wife of Dr. Arnold Suhr during the occupation of Holland by German troops. This is to be given Exhibit No. 131.
Document Krauch No. 46 will be offered as Exhibit No. 132. This Shows Dr. Krauch's general attitude towards Jews and half Jews.
Document No, 59 again slews a specific case of Dr. Albert Ernst, when COURT VI CASE VI Dr. Krauch rescused his son who was half Jewish from arrest by the Gestapo.
This will be Exhibit No. 133.
Document No. 154 refers to the case of WEINBERG treated during my direct examination of Dr. Krauch, and the additional examination of Dr. Dix. It is interesting because Dr. Gierlichs, who worked on this case, also stated that Dr. Krauch, in an unequivocal and clear way, intervened for the liberation of Weinberg, who had been arrestede I ask that Document No. 54 be accepted as Exhibit No. 134.
I now turn to Books VII and VIII, Mr. President.
THE PRESIDENT:Just a moment, Doctor. That concludes the presentation of the documents contained in Kraus Book VI?
DR. von ROSPATT: Yes, Your Honor, The first document in Book VII, Document Book VII, is Document No. 57 and Document No. 3, which are intended to show Dr. Krauch was not subject to the generally spread prejudice against persons of different political beliefs and that he continued to engage those persons who were persecuted by the Nazi Regime. Both of of these persons mentioned in these two documents were connected with the revolt against Hitler of the 20th July 1944. One of those persons was shown in the film shown by the Prosecution. Document No. 57 Will be Exhibit No. 135, and Document No. 3 will be Exhibit No. 136.
The next four documents, 60, 105 , 52 and 102, corroborate Professor Krauch's attitude towards the Church which was in sharp opposition to theofficially proclaimed policy of the Party.
It shows that Professor Krauch declared himself in favor of the Church quite openly without regard to the danger connected therewith. Document 60 will be Exhibit 137, Document 106 will be Exhibit 138, Document 52 will be Exhibit 139, find Document 102 will he Exhibit 140. Document Number 107 corroborates Professor Krauch's statement that he refused to accept invitations from Himler's Circle of Friends. It will be offered as Exhibit number 141. The next three documents, 5, 7, and 64, corroborate Professor Krauch's statements about his attitude towards science -- for a science free from Party doctrines, his endeavors to make largo monetary funds available to science and also for those scientists who had not sworn allegiance to the Party. Document Number 4 will be offered as Exhibit number 142, Document Number --
THE PRESIDENT:You mean Document Number 5.
DR. VON ROSPATT:Document 5 is Exhibit Number 142, Document 7 is Exhibit 143 and Document 64 is Exhibit Number 144. Documents 88, 89, and 92 the next throe documents, show Professor Krauch's correctness of his description of his international collaboration with Standard Oil. Dupont and I.C.I. Number 88 will be offered as Exhibit Number 145, Number 89 will be Exhibit 146 and 92 will become Exhibit 147. The next six documents again refer back to Professor Krauch's relationship to science and to the free not hindered by politics research. From those documents it can be seen that the most significant scientists made statements about Krauch's activity, and that they are very grateful for this protection which he furnished to them and science in general. The most spontaneous and warm statement is Walter Ostwald's statement, document #6 the son of the internationally known Nobel Prize winner, the German-American exchange student, Geheimrat Wilhelm Ostwald. I offer these documents Number 35 as Exhibit Number 148, Number 70 as Exhibit Number 149, Number 6 as Exhibit Number 150, Document 20 as Exhibit 151, Document 33 as Exhibit 152, Document 45 as Exhibit 153, Document 85 as Exhibit Number 154, Document 83 as Exhibit 155, Document 31 as Exhibit 156, Document Number 26 as Exhibit 157, and Document Number 78 as Exhibit 158.
This concludes the presentation of documents contained in Document Book 7. I now turn to Document Book Number 8. Document Book 8 contains a number of documents collected for various points of my presentation of evidence. I ask your indulgence therefore, if the are not presented in such unity as I tried to keep the uniformity in the case of Books 1 through 7. Document 110 shows Professor Krauch's interference and that of higher officials in Farben against the Gestapo. This includes Dr. Goldbert also. It is especially emphasised that he did so without regard to any danger to his own person, I ask that Document Number 110 he accepted as Exhibit Number 159. The next document, 111, is Exhibit Number 160. It deals with the question treated by the prosecution that employees of Professor Kranch's office were still paid by Farben although they were no longer working for Farben. The document shows how this fact can he explained from the socalled drafting for labor service for those employees. The consents of Document 112 have already been treated by Dr. Krauch in his direct examination at the end of Count III of the prosecution. However, he only did so superficially only. But this document deals with it very much in detail. Dr. Andrussow, a Russian scientist, describes Krauch's help for thousands of Russian workers, Russian prisoners of war, Bussian scientists and engineers The document is very long, but not because it lias p. lot of verbose stories in it, but because it deals with a large field. The extent of the document can be explained by the fact that Dr. Andrussow received many votes of thanks and letters of recognition from the circle of persons that he had to care for and that he added them to his statement. I offer this affidavit as Exhibit Number 161. Document Number 113 belongs to the question regarding poison gas. It shows that work on poison gas discovered in 1933 in Oppau was not continued any further. I ask that this document be accented as Exhibit Number 162. Documents 114 and 115 deal with Count III of the indictment. Document 114 shows that foreign workers who had broken their contracts were not persecuted. Document Number 115 shows the lack of initiative for the remployment of concentration camp inmates' in Auschwitz, 114 is 163, 115 is 164.
Document Number shows the protection which Professor Krauch offered to Dr. Faul Heisel, the half-Jewish professor. It is Document 116 and Exhibit 165. Document 117 deals with the Goering decree of 18 February 1941, Exhibit number 1417 of the prosecution, and it serves to corroborate the lack of initiative which Professor Krauch claims about the employment of concentration camp inmates in Auschwitz. It will be Exhibit Krauch 166. Document 118 is the last document in Bock 8, which shows Professor Krauch's practical attitude towards chemical warfare agents, that he had a negative attitude and it shows that Professor Krauch acted on his ideas by carrying them into action. I offer this Document 118 as Exhibit Number 167. We still have to offer book number 9, Mr. President, which we do not have ready yet. We ask that we be permitted to do this later.
THE PRESIDENT:Thank you very much for that very expeditious presentation of those documents. The Tribunal has another assurance from the language division that Dr. Ter Meer's Book 4 will be available by three o'clock. We shall recess at this time, hoping that the book will be here by the time we reconvene. The Tribunal will now rise.
THE MARSHAL:The Tribunal is again in session.
DR.BORNEMANN (Counsel for defendant Ter Meer): Mr. President, Ter Meer book 4 in the meantime has been distributed in the courtroom. I assume that the Tribunal is in possession of that book.
I shall now start with the submission of document books 4 and 5. As one of the Prosecution's mail pillars to support their thesis that the defendants planned an aggressive war, they have named the development of synthetic rubber, Buna, and the erection of the Buna plants at Schkopau and Huels. In order to refute these assertions, I should like to submit Document Books 4 and 5. Both these volumes comprise 87 documents and they are to prove two main matters. First, they are to prove that I.G. Farben, when developing Buna production, was motivated by purely private economic, completely non-belligerent considerations and intentions. Secondly, that the acceleration of the constriction of the plants Schkopau and Huels was due to governmental influence which, indeed, the I.G. could not evade and from which no belligerent intentions on the part of the I.G. or on the part of the members of the Vorstand present here can be deduced.
After these introductory remarks, let me begin with the submission of documents in Document Book 4, Ter Meer Document Book 4. As the first document I submit Exhibit No. 111, which is an excerpt from the report -you will find that on page 1 of the document book -- and excerpt from a lecture which one of the closest associates of Dr. Ter Meer held on the field of buna. It is given by Dr. Konrad and the lecture dates back to 1938. It was held in Rome on an international chemical congress, The lecture deals with the developments of rubber synthesis in Germany.
In the introductory words it states that a large number of countries concerned themselves with the technical synthesis for "rubber-like" products. Furthermore, it is laid down that if chemistry "succeeds to produce elastic and highly graded plastics by way of synthesis then these products will suceed," in spite of the cheap natural rubber. This statement is substantiated especially with reference to the motor car industry, which is an important factor for the maintenance and production of economy.
A number of technical explanations are given in that lecture which Dr. Ter Meer may perhaps mention later, during his examination, and I can leave those matters to him.
On page 7 of the document book, in the summary, Dr. Konrad states in the year 1938: In view of the increasing importance of Synthetic rubber as raw material in the economic and national life of all peoples, the technical Caoutscheuc synthesis is being dealt with today in many countries." He furthermere states that the economic aspect of this synthesis becomes promising if high quality products can be produced, It is intended to show with the following documents -
THE PRESIDENTSPardon me, counsel, just that our record may be complete: I do not think you enumerated the number of the document.
DR. BORNEMANN:Document 171, your Honor, and Exhibit 111.
THE PRESIDENT:Thank you.
DR. BORNEMANN:The following group of documents are intended to demonstrate the various reasons which led to the construction of the Buna plants in Germany. In Document 172, as Exhibit 112, there follow a number of ordinances and laws from the year 1933 which were promulgated at the time in order to do away with unemployment. You can find this document on page 9 of the book. I refer you to page 12, to the ordinance of the Reich President concerning promotion of agriculture. This document should be stricken because it does not belong in these groups. We see from the other laws that considerable sums were spent by the Reich at the time in order to eliminate unemployment, by promoting work projects of all sorts.
The next document, Exhibit 113, Document No. 173, contains an excerpt from, the law with respect to the enterprise Reich Motor Highways (Reichsautobahnen.) The Reich Motor Highway was one of the principal ideas of Hitler for the motorization of Germany. The law of the 27th of June, 1933, page 16 of the document book, shows that the Reichautbbahnen were public highways and were intended for the public traffic with motor vehicles. The next document is an affidavit by Keppler, engineer Keppler. This is Ter Meer No. 174, Exhibit 114.
In the year 1934, Dr. Keppler became ft special representative in order to procure German raw materials and synthetic The reasons which led to this assignment of his are discussed by Keppler in this document as follows.
"This commission was brought about by the ever-increasing shortage of paw materials, which on the one hand was duo to the increased consumption resulting from the revival of the economy, and on the other hand to the dwindling of foreign currency. I wish to emphasize expressly that when I was given this commission, there was no question at all of procuring raw materials for military armament. The establishment of new factories was desired for the purpose of eliminating unemployment."
Keppler then continues to point out that in the autumn of 1934 he heard of progress made with respect to the processing of Buna. He took this opportunity of contacting Dr. Ter Meer in order to discuss the question of constructing a Buna plant. We now come to Document 175. Exhibit 115, on page 20 of the document book. Those are excerpts from a memorandum originating from the High Com and of the Army in the fall of 1938. It treats the colaberation of the Wehrmacht in developing and testing synthetic rubber. This memorandum has already been utilized by the Prosecution in order to submit a few excerpts from it to the Tribunal. These are found in Exhibit 552, NI-7492, Book 29 of the Prosecution, English page 4, German page 23.
In Document Book Ter Meer 4 we have chosen other passages from this memorandum which we would like to submit in supplementation of the Prosecution's submission. In these excerpts which are now being submitted it is demonstrated that not only military political reasons were decisive for the interest which was shown in synthetic rubber since the year 1933, but it is shown that as a result of the international sales crisis, the German exports since the year 1930 "have constantly decreased, whereas the consumption of Germany foreignant of materials constantly increased." As a consequence of the revival of the domestic market and as a consoquence of the ever increasing consumption at home because of the decrease in unemployment, the raw material consumption of Germany was increased considerably in the years following 1933.
COURT NO, VI, CASE NO. VI.
The decrease of exports and the increase of imports led to a passive trade budget which, in turn, increased the German debts and obligations abroad, and of course also decreased the amount of currency available at the Reichebank.
In view of the limited raw materials in Germany, measures had to be taken to prevent dangers with which German economy was confronted in view of the scarcity of raw materials. Directives were issued therefore to meet that situation. These directives came into effect with respect to the rubber situation in Germany as follows.
The rationing of rubber was handed over to a civilian agency. This supervisory agency for rubber, in the year 1934, started measures to interest a number of firms in the production of tires and synthetic rubber so that this new German raw material would be used as soon as possible.
All these statements I made are contained in the document just submitted. Two other documents follow under the numbers 176 and 177, which bear Exhibit Nos. 116 and 117. These are excerpts from two German newspapers -the Koelnische Zeitung of February 16, 1936, and the Deutsche Allgemeine Zeitung of 2 August, 1938 -- both of which concerned themselves with the creation of the Deutscher Volkswagen. The Volkswagen was a project in which Hitler was especially interested. His aim was to achieve a yearly production of one and a half million motor cars.
The next document, your Honor, Document 178, which I am offering as Exhibit 118, will be an affidavit by the previously mentioned Dr. Erich Konrad. Dr. Konrad calculated in this affidavit the raw rubber demand which would result from the execution of the Volkswagen project. On page 30 he says, in the last sentence, "Thus it is apparent chat the Volkwagen alone would have needed sixty-five to seventy thousand tons of Buna."
This would have been the yearly demand.
The next document No. 179 with the Exhibit No. 119, was already submitted by Prof. Krauch's counsel as Krauch Exhibit 2, document No. 4, and for purposes of completeness it is included here once more. It shows the increase in the number of motor cars from 1932 up to 1938.
The two following documents -- 180 and 181 -- are to show the possibilities of the application of Buna in another field, the field of footwear. We mark them as Exhibit No. 120 for Document 180 and 121 for Document 181.
Document 180 is an affidavit of one of the largest German leather industrialists, Richard Froudonberg, of Weinheim. Mr. Freudenberg explains in detail that in 1936 be bad plans with respect to footwear and that he wanted to use Buna. He needed about twelve to fifteen thousand tons per year for that purpose. He points out that his intention of using Buna for such purposes' was quite independent of the foreign policy and armament policy of the Third Reich at the time, and it was only done to strengthen Germany's commercial position. Freudonberg shows that at the time those plans were developed the "ehrmacht only needed five per cent of the leather for their own purposes which they took from the leather industry, and that the German Wehrmacht agencies not only did not understand the necessities for raw materials for that purpose, but they even made it more difficult for the industry.
On page 36 Mr. Freudenberg says that those questions were already discussed with Dr. Ter Meer in 1933 and that he suggested that Farben create the necessary prerequisites for a German increase of production by the use of una for purposes of the shoe industry.
Document 181, which I have already submitted as Exhibit 121, shows that in 1938 Mr. Freudenberg visited a Farben plant to discuss this question.
Document 182, Exhibit 122, is a letter by Dr. Struss directed to Dr. Ter Meer with the date of 13 April.
1938. He reports about favorable results when trying out Buna on motor vehicles.
Document 183, Exhibit 123, is an affidavit of Dr. Hans Lopinski, of the Wirtsehaftsverband of the German rubber industry, with respect to the German rubber use in the years 1935 to 1938. The rubber use in the year 1938 is estimated as 133, 498 tons.
Document 184, Exhibit 124, is an affidavit by Br. Struss with respect to Buna production since 1935.
Document 185, Exhibit 125, contains an affidavit by Mr. Bergwarth, who since the year of 1931, was in charge of the sales department of Farben which had to sell synthetic rubger and rubber bye-products.
Dr. Bergwarth in his affidavit states the sales price of the various Buna products.
Document 186, Exhibit No. 126, is an affidavit by Dr. Struss, and it contains a list about the entire expenses for research in the Buna field from the years 1927 through 1938.
There follow now a number of other documents which concern themselves with the development of synthetic rubber in the years Since 1926. At first we have two affidavits, one by Dr. Konrad, the head of the Rubber Central Laboratory at Leverkusen. These are documents 187 and 188, which will receive Exhibit No. 127 for 187 and 126 for 188.
Dr. Ter Meer will discuss these documents later, and it is not necessary for purposes of saving of time, to do that now.
As Document No. 189, there follows an affidavit of the former head of the Financial Department of the Office for German Raw Materials and Flastics, Dr. Kurt Lange, with respect to the contractual and finance negotiations with respect to the construction of the Sehkepau plant. This will become Exhibit 129.
In the last paragraph of 67, Lagge points out that "military points of view have never been discussed at the negotiations which he presided over; so far as the purpose of the plant was discussed at all only the problem of the shortage of foreign currency, and the employment program were decisive. The establishment of Buna plants appear to be urgent in view of the well-known motorization which the Government strongly encouraged, for instance by the Volkswagen factory."
The next document, 190, Exhibit No. 130, is an affidavit by the member of the Vorstand of the Deutsche Revisions and Treuhand, Gesellschaft, Dr. Ernst Hellmut Vits and it also deals with the contractual negotiations between the Reich and Farben concerning the construction of the plant at Schkopau.
Mr. Vits participated in these negotiations. He expresses himself about them as follows: This is page 69 of the document:
"In these negoatiations which lasted a very long time because it was extremely difficult to reach an agreement, I had the impression that Dr. Ter Meer wanted to keep strictly to the principle of private economy."
On the sane page, further down, it is stated:
"Because I was present at most of these negotiations, I am able to confirm that the agreement had nothing to do with armament or similar matters. I do not think that any connection of the new plant with armament economy was ever mentioned at all. Anyway, as far as I am concerned, I always supposed that the Buna plant was to be set up to save foreign exchange, which was imperative.
Finally I am able to confirm that I had the impression that there was a certain tension between the Reich authorities and Dr. Ter Meer because Dr. Ter Meer could not be dissuaded from his ideas."
We now come to Document 191 which I am offering as Exhibit 131. This is an affidavit by Dr. Struss in which he confirms and reproduces a letter which he sent on the 15th of November, 1935, to Mr. Keppler. Keppler inquired with Farben whether in the production of synthetic rubber there were waste gases and the Prosecution had occasion to assume, as the resuit of this inquiry, that probably we are here concerned with the production of war gases, - chemical warfare agents.
Through Document 191, this suspicion on the part of the Prosecution is to be refuted. I refer you to Page 73 of the Document book, last sentence of the letter of Dr. Struss. "As to your last question we have to say that no waste gas becomes available in the production of synthetic rubber."
Document 192, Exhibit 132, is a letter by Dr. Ter Meer directed to Keppler. It concerns the construction of the Buna plant. I think that Ter Meer will later refer to this letter once more.
Then I follow with a number of documents in this volume, Documents 193 up to 196, They deal with the negotiations between I.G. Farben and the authorities. I am introducing them as follows:
Document 193 will be Exhibit 133;
Document 194 will be Exhibit 134;
Document 195 will be Exhibit 135;
Document 196 Will be Exhibit 136.
This concludes Volume 4, and all of the documents in that volume are now before the Tribunal.
As I was already permitted to state, Document Book 5, Ter Meer, is in connection with Document Book 4, I therefore intend to present the documents in this volume at the present time. The documents which are submitted under the following numbers immediately follow our last mentioned document.
Document 197 will receive Exhibit No. 137. These are the minutes of the Conference of the 2nd of October, 1936, with the Raw Material and Foreign Exchange staff concerning the effects of the Four Year Plan on Rubber Production and the products Connected therewith.
On page 1 of that document, page 1 of the Document Book, it is pointed out that the further discussions with the authorities are to start from the assumption that the Buna program had found its final at 3 times 24 thousand tons per year. This indication was made by the president, - a gentleman of the Raw Material and Plastic Staff.
With respect be this desire of the authorities, Dr. Ter Meer has pointed out that the danger with respect to such a large scale planning after the experiments made so far, is too considerable and hardly be justified.
We now come to Document 198, which will receive Exhibit Number 133. This is a letter of the Office for German Raw Materials and Plastics, to I.G. Farben, dated the 5th of November, 1936, and concerns the contract drafts which were then drawn up with respect to the construction of the Schkopau-Bnna factory.
Document 199 is submitted as Exhibit 139. It is a file note of Dr. Struss dated the 8th of December, 1936, and we can see from it that at the time the Fuehrer himself demanded the construction of a second Buna factory.
Document 200, Exhibit 140, is a letter by the I.G. Farben directed to the Office for German Raw and Synthetic Materials, dated the 9th of December, 1936. It refers to the increase of the production at Schkopau. Document No. 201, Exhibit 141, is a file note with respect to a discussion in the Office of Raw Materials and Plastics of the 4th of December, 1936, and shows the private economic attitude of Farben with respect to the questions involved in connections with the construction of the Buna plants. The question has arisen with respect to alleviation of taxes.
For that reason, any next number, 202, will be given exhibit No. 142, This is an excerpt from the law with respect to tax alleviation of the 15th of July 1933. I should only like to point to one part of this excerpt on page 13, under 2. It is stated there that tax exemption may be granted to enterprises established before the 26th of July 1933, if they undergo a change in their operation in the manner that alongside or in place of the previous production, they develop new manufacturing processes or take up production of an altogether new product. In this case the change may consist of a conversion or extension of the operation.
In the case of Buna products, we were concerned with a new manufacturing process in an old firm.
Document 203 will be Exhibit 143. This is a letter of Dr. Tor fleer directed to the office for German Raw and Synthetic Material, dated the 17th of December, 1936 and concerns the levying of a duty on imported natural rubber.