Nuremberg Trial – The Seventeenth Day

Seventeenth Day:

Tuesday, 11th December, 1945

COLONEL STOREY: If the Tribunal please, the United States next offers in evidence some captured moving pictures, through Commander Donovan, who had charge of taking them.

COMMANDER DONOVAN: May it please the Tribunal, the United States now offers in evidence Document 3054-PS, Exhibit USA 167, the motion picture entitled “The Nazi Plan”. This document contains several affidavits with exhibits, copies of which have been furnished to defence counsel. I ask the Tribunal whether it believes it to be necessary for us formally to read the affidavits at this time. Since the motion pictures themselves will be presented to the Tribunal, and, therefore, will be a permanent record, I respectfully submit that the reading be waived.

In the past three weeks the prosecution has presented to this Tribunal a vast amount of evidence concerning the nature of the Nazi conspiracy and what we contend to be its deliberate planning, launching, and waging of wars of aggression. That evidence has consisted of documentary and some oral proof, but the Nazi conspirators did more than leave behind such normal kinds of evidence. German proficiency in photography has been traditional. Its use as a propaganda instrument was especially well known to these defendants, and as a result the United States in 1945 captured an almost complete chronicle of the rise and fall of National Socialism as documented in films made by the Nazis themselves. It is from excerpts of this chronicle that we have compiled the motion picture now to be presented, entitled “The Nazi Plan”, which, in broad outline, sums up the case thus far presented under Counts i1 and 2 of the Indictment.

The motion picture has been divided into four parts. This morning we first offer to the Tribunal Parts 1 and 2, which are especially entitled “Rise of the N.S.D.A.P., 1921 to 1933”, and “Acquiring Totalitarian Control of Germany, 1933 to 1935”. This will be concluded by 11.20, at which time we assume the Tribunal will order its customary morning adjournment. At 11.30 we shall present Part 3, entitled “Preparation for Wars of Aggression, 1935 to 1939”. This will be concluded shortly before 1 o’clock. At 2 o’clock we will offer Part 4, entitled “Wars of Aggression, 1939 to 1944”, and this will be concluded by 3 o’clock.

Parts 1 and 2, now to be presented, enable us to re-live those years in which the Nazis fought for and obtained the power to rule all life in Germany. We see the early days of terrorism and propaganda, bearing final fruit in Hitler’s accession to the Chancellery in 1933; then the consolidation of power within Germany, climaxed by the Parteitag in 1934, in which the Nazis proclaimed to the nation their plans for totalitarian control. It is in simple and dramatic form the story of how a nation forsook its liberty.

I wish again to emphasise that all film now presented to the Tribunal, including, for example, pictures of early Nazi newspapers, is original German film, to which we have added only the title in English. And now, if it please the Tribunal, we shall present Parts 1 and 2 of “The Nazi Plan”.

THE PRESIDENT: It may be convenient for the United States Prosecutor to know that the Tribunal proposes to rise this afternoon at 4 o’clock instead of 5 o’clock.

[The film “The Nazi Plan” was thus shown in the Court Room until 1125 hours, when a recess was taken.]

COMMANDER DONOVAN: May it please the Tribunal, in the films which have just been shown to the Tribunal, we have watched the Nazi rise to power. In Part 3 of our documentary motion picture now to be presented, we see the use they made of that power, and how the German Nation was led by militaristic regimentation to preparation for aggressive war as an instrument of national policy.

[The showing of the film then continued; at the end a recess was taken until 1400 hours.]

COMMANDER DONOVAN: This morning we presented photographic evidence of the history of National Socialism from 1921 to September, 1939. We saw the dignity of the individual in Germany destroyed by men dedicated to perverted nationalism, men who set forth certain objectives and then preached to a regimented people the accomplishment of those objectives by any means, including aggressive war.

In September, 1939, the Nazis launched the first of a series of catastrophic wars, terminated only by the military collapse of Germany. It is the final chapter in the history of National Socialism that the prosecution now presents.

May I again remind the Tribunal that all film presented and all German narration heard is in the original form as filmed by the Nazis.

[The showing of the film then continued.]

COMMANDER DONOVAN: The prosecution has concluded its presentation of the photographic summation entitled “The Nazi Plan”. We shall deliver for the permanent records of the Tribunal, as soon as possible, the original films projected today.

COLONEL STOREY: If the Tribunal please, just a brief announcement about the presentation that will follow. The rest of the week will be consumed in the presentation of War Crimes and Crimes against Humanity, starting with exploitation of forced labour, concentration camps, persecution of the Jews, and Germanisation and spoliation in occupied countries. We should like to call the Tribunal’s attention to the fact that many of these crimes will be crimes attributed to the criminal organisations. The programme following will be the criminal organisations, beginning with the Leadership Corps of the Nazi Party, the Reich Cabinet, the S.A., the S.S., and, finally, the S.D. and Gestapo.

Mr. Dodd will now present “Exploitation of Forced Labour”.

MR. DODD: We propose to submit during the next several days evidence, as Colonel Storey has said a moment ago, concerning the conspirators’ criminal deportation and enslavement of foreign labour, their illegal use of prisoners of war, their infamous concentration camps and their relentless persecution of the Jews. We will present evidence regarding the general [Page 288] aspects of these programmes, and our French and Soviet colleagues will present evidence of the specific application of these programmes in the West and the East, respectively.

These crimes were committed both before and after Nazi Germany had launched its series of aggressions. They were committed within Germany and in foreign countries as well. Although separated in time and space, these crimes had, of course, an inter-relationship which resulted from their having a common source in Nazi ideology; for within Germany the conspirators had made hatred and destruction of the Jew an official philosophy and a public duty; they had preached the concept of the master race with its corollary of slavery for others, they had denied and destroyed the dignity and the rights of the individual human being. They had organised force, brutality and terror into instruments of political power and had made them commonplaces of daily existence. We propose to prove that they had placed the concentration camp and a vast apparatus of force behind their racial and political myths, their laws and their policies. As every German Cabinet Minister or high official knew, behind the laws and decrees in the Reichsgesetzblatt was not the agreement of the people or their representatives, but the terror of the concentration camps and the Police State. The conspirators had preached that war was a noble activity and that force was the appropriate means of resolving international differences and, having mobilised all aspects of German life for war, they plunged Germany and the world into war.

We say that this system of hatred, savagery, and denial of individual rights, which the conspirators erected into a philosophy of government within Germany, into what we may call the Nazi Constitution, followed the Nazi armies as they swept over Europe. For the Jews of the occupied countries suffered the same fate as the Jews of Germany, and foreign labourers became the serfs of the master race – they were deported and enslaved by the millions. Many deported and enslaved labourers joined the victims of the concentration camps where they were literally worked to death in the course of the Nazi programme of extermination through work. We propose to show that this Nazi combination of the assembly line, the torture chamber and the executioner’s rack in a single institution has a horrible repugnance to the twentieth century mind.

We say that it is plain that the programme of the concentration camp, the anti-Jewish programme, the forced labour programme, are all parts of a larger pattern, and this will become even more plain as we examine the evidence regarding these programmes and then test their legality by applying the relevant principles of International Law.

The evidence relating to the Nazi Slave Labour Programme has been assembled in a document book bearing the letter “R”, and, in addition, there is an appendix to the document book consisting of certain photographs contained in a manila folder. Your Honours will observe that on some of the books we have placed some tabs, so that it will be easier for the Tribunal to locate the documents. Unfortunately, we did not have a sufficient number of tabs to do the work completely, and that will account for tabs missing on some of the document books.

It may illuminate the specific items of evidence which will be offered later if we first describe in rather general terms the elements of the Nazi foreign labour policy. It was a policy of mass deportation and mass enslavement, as I said a moment ago, and it was also carried out by force, by fraud, by terror, by arson, by means unrestrained by the laws of war, and laws of humanity, or the considerations of mercy. This labour policy was a policy as well of underfeeding and overworking foreign labourers, of subjecting them to every form of degradation, brutality and inhumanity. It was a policy which compelled foreign workers and prisoners of war to manufacture armaments and to engage in other operations of war directed against their own countries. It was a policy, as we propose to establish, which constituted a flagrant violation of the laws of war and the laws of humanity.

We shall show that defendants Sauckel and Speer are principally responsible for the formulation of the policy and for its execution, that defendant Sauckel, the Nazi Plenipotentiary General for Manpower, directed the recruitment, deportation and allocation of foreign civilian labour, that he sanctioned and directed the use of force as the instrument of recruitment, and that he was responsible for the care and treatment of the enslaved millions; that the defendant Speer, as Reich Minister for Armament and Munitions, Director of the Organisation Todt and member of the Central Planning Board, bears responsibility for the determination of the numbers of foreign slaves required by the German war machine responsible for the decision to recruit by force, and for the use under brutal, inhuman and degrading conditions, of foreign civilians and prisoners of war in the manufacture of armaments and munitions, the construction of fortifications, and in active military operations.

We shall also show in this presentation that the defendant Goering, as Plenipotentiary General for the Four Year Plan, is responsible for all of the crimes involved in the Nazi Slave Labour Programme. Finally, we propose to show that the defendant Rosenberg, as Reich Minister for the Eastern Occupied Territories, and the defendant Frank, as Governor of the Government General of Poland, and the defendant Seyss- Inquart, as Reich Commissar for the Occupied Netherlands, and the defendant Keitel, as Chief of the O.K.W., share responsibility for the recruitment by force and terror and for the deportation to Germany of the citizens of the areas overrun or subjugated by the Wehrmacht.

The use of vast numbers of foreign workers was planned before Germany went to war and was an integral part of the conspiracy for waging aggressive war. On 23rd May, 1939, a meeting was held in Hitler’s study at the Reich Chancellery. Present were the defendants Goering , Raeder and Keitel.

I now refer to Document L-79 which has already been introduced in evidence as Exhibit USA 27. The document presents the minutes of this meeting, at which Hitler stated, as your Honours will recall, that he intended to attack Poland at the first suitable opportunity; but I wish to quote from Page 2 of the English text starting with Paragraph 13. In the German text the passage, by the way, appears at Page 4, Paragraphs 6 and 7. Quoting directly from the English text:

“If fate brings us into conflict with the West, the possession of extensive areas in the East will be advantageous. We shall be able to rely upon record harvests even less in time of war than in peace.

The population of non-German areas will perform no military service, and will be available as a source of labour.”

We say the Slave Labour Programme of the Nazi conspirators was designed to achieve two purposes, both of which were criminal. The primary purpose, of course, was to satisfy the labour requirements of the Nazi war machine by compelling these foreign workers, in effect, to make war against their own countries and their allies. The secondary purpose was to destroy or weaken peoples deemed inferior by the Nazi racialists, or deemed potentially hostile by the Nazi planners of world supremacy.

These purposes were expressed by the conspirators themselves.

I wish to refer at this point and to offer in evidence Document 016-PS, which is Exhibit USA 168. This document was sent by the defendant Sauckel to the defendant Rosenberg on 20th April, 1942, and it describes Sauckel’s Labour Mobilisation Programme. I wish to quote now from Page 2 of the English text, starting with the sixth paragraph, and in the German text, again, it appears at Page 2 of the second paragraph. Quoting from the text directly:

“The aim of this new, gigantic labour mobilisation is to use all the rich and tremendous sources, conquered and secured for us by our fighting Armed Forces under the Leadership of Adolf Hitler, for the armament of the Armed Forces and also for the nutrition of the Homeland. The raw materials as well as the fertility of the conquered territories and their human labour power are to be used completely and conscientiously to the profit of Germany and her allies.”

The theory of the master race underlay the conspirators’ labour policy in the East.

I now refer to Document 1130-PS, which is marked Exhibit USA 16q. This document consists of a statement made by one Erich Koch, Reich Commissar for the Ukraine, on 5th March, 1943, at a meeting of the National Socialist Party in Kiev. I quote from the first page of the English text, starting with the first paragraph, and in the German text it appears at Page 2, Paragraph 1. Quoting directly again from the English text, Koch said:-

“We are the master race and must govern hardly but justly..I will draw the very last out of this country. I did not come to spread bliss. I have come to help the Fuehrer. The population must work, work, and work again. for some people are getting excited, that the population may not get enough to eat. The population cannot demand that, one has only to remember what our heroes were deprived of in Stalingrad .. We definitely did not come here to give out manna. We have come here to create the basis for victory. We are a master race, which must remember that the lowliest German worker is racially and biologically a thousand times more valuable than the population here.”

At this point I should like to offer in evidence Document 1919-PS, which is Exhibit USA 170. This is a document which contains a speech delivered by Himmler, the Reichsfuehrer S.S., to a group of S.S. Generals on 4th October, 1943, at Posen, and I am referring to the first page of the English text, starting with the third paragraph. For the benefit of the interpreters, in the German text it appears at Page 23 in the first paragraph. Quoting direct from this document, starting with the third paragraph:-

“What happens to a Russian, or to a Czech, does not interest me in the slightest. What the nations can offer in the way of good blood of our type, we will take, if necessary by kidnapping their children and raising them here with us. Whether nations live in prosperity or starve to death interests me only in so far as we need them as slaves for our Kultur: otherwise, it is of no interest to me. Whether 10,000 Russian females fall down from exhaustion while digging an anti-tank ditch interests me only in so far as the anti-tank ditch for Germany is finished–.”

THE PRESIDENT: Who is the author of that document?

MR. DODD: The author of that quotation was the Reichsfuehrer S.S., Heinrich Himmler.

The next document to which I make reference is 031-PS, which is Exhibit USA 171. This document is a top secret memorandum prepared for the Ministry for the Eastern Occupied Territories on 12th June, 1944, and approved by the defendant Rosenberg; and from it I wish to quote from the English text, starting with the first paragraph, and in the German text the passage appears at Page 2 in the first paragraph. Quoting directly:-

“The Army Group Centre has the intention to apprehend 40,000 – 50,000 youths of the ages of 10 to 14 who are in the Army area, and to transport them to the Reich…”

I wish to pass now to line 21 of Paragraph 1, and quoting directly I read as follows:-

“It is intended to allot these juveniles primarily to the German trades as apprentices, to be used as skilled workers after 2 years’ training. This is to be arranged through the Organisation Todt, which is especially equipped for such a task through its technical and other set-ups. This action is being greatly welcomed by the German trade since it represents a decisive measure for the alleviation of the shortage of apprentices.”

Passing a little further on in that document, I wish to call to the attention of the Tribunal Paragraph 1 on Page 2, and to quote it directly:-

“This action is aimed not only at preventing a direct reinforcement of the enemy’s military strength, but also at a reduction of his biological potentialities as viewed from the perspective of the future. These ideas have been voiced not only by the Reichsfuehrer of the S.S. but also by the Fuehrer. Corresponding orders were given during last year’s withdrawals in the Southern Sector.”

I call to your Honour’s attention particularly, that the approval of the defendant Rosenberg is noted on Page 3 of the document. It is a note in ink in the original, and I quote it-:

“Regarding the above Obergruppenfuehrer Berger received the memorandum on 14th June. Consequently the Reich Minister has approved the action.”

THE PRESIDENT: Mr. Dodd, did you mean to leave out the sentence at the bottom of Page 1?

MR. DODD: No, your Honour, I did not, but I did not want to refer to it at this time. I will refer to it a little later on.

THE PRESIDENT: Is not it really a part of what follows at the top of Page 2, the words “Following are the arguments – .”

MR. DODD: I did omit that. I thought you were referring to the sentence above. I am sorry. “Following are the arguments against this decision of the minister”; and then, quoting:-

“This action is not only aimed at preventing direct reinforcement of any military – ”

THE PRESIDENT: Yes, and you were telling us how the defendant Rosenberg was implicated.

MR. DODD: Yes. On the last page of that document, the original bears a note in ink, and in the mimeographed copy it is typewritten:

“Regarding the above Obergruppenfuehrer Berger received the memorandum on 14th June. Consequently the Reich Minister has approved the action.”

One page back on that same document, from the first paragraph, four sentences down, the sentence begins:

“The Minister has approved the execution of the high action in the Army Territories, under the conditions and provisions arrived at in talks with Army Group Centre.”

The purposes of the Slave Labour Programme which we have just been describing, namely the strengthening of the Nazi war machine and the destruction or weakening of peoples deemed inferior by the Nazi conspirators, were achieved, we repeat, by the impressment and deportation of millions of persons into Germany for forced labour. It involved the separation of husbands from their wives and children from their parents, and the imposition of conditions unfit for human existence, with the result that countless numbers were killed.

Poland was the first victim. The defendant Frank, as Governor of the Government General of Poland, announced that under his programme 1,000,000 workers were to be sent to Germany, and he recommended that police surround Polish villages and seize the inhabitants for deportation.

I wish to refer to Document 1375-PS, which is Exhibit USA 172. This document is a letter from the defendant Frank to the defendant Goering and it is dated the 25th January, 1940. I wish to quote from the first page of the English text, starting with the first paragraph, and in the German text, again, it appears at Page 1 of the first paragraph, and, quoting directly:-

“In view of the present requirements of the Reich for the defence industry, it is at present fundamentally impossible to carry on long term economic policy in the Government General. Rather, it is necessary so to steer the economy of the Government General that it will, in the shortest possible time, accomplish results representing the maximum that can be obtained from the economic strength of the Government General for the immediate strengthening of our capacity for defence.

In particular the following performances are expected of the total economy of the Government General.”

I wish to pass on a little bit in this text to the second page and particularly to Paragraph (g) of the English text. In the German text, the same passage appears on Page 3 in Paragraph (g). I am quoting directly again:-

“Supply and transportation of at least one million male and female agricultural and industrial workers to the Reich – among them at least 750,000 agricultural workers of whom at least 50 per cent. must be women – in order to guarantee agricultural production in the Reich and as a replacement for industrial workers lacking in the Reich.”

The methods by which these workers were to be supplied were considered by the defendant Frank, as revealed in the document to which we now refer.

It is an entry in the defendant Frank’s own diary, to which we have assigned our Document 2233-PS-A, and which we offer as Exhibit USA 173. The portion which I shall read is the entry for Friday, 10th May, 1940. It appears in the document book as 2233-PS-A, on the third page, in the centre of the page. Just above are the words “Page 23”, Paragraph 1, to the left, just above it:-

“Then the Governor General deals with the problem of the Compulsory Labour Service of the Poles. Upon the demands from the Reich it has now been decreed that compulsion may be exercised, in view of the fact that sufficient manpower was not voluntarily available for service inside the German Reich. This compulsion means the possibility of arrest of male and female Poles. Because of these measures a certain disquietude had developed which, according to individual reports, was spreading very much, and which might produce difficulties everywhere. General Field Marshal Goering some time ago pointed out in a long speech the necessity to deport into the Reich a million workers. The supply so far was 160,000. However, great difficulties had to be overcome. Therefore it would be advisable to consult the district and town chiefs in the execution of the compulsion, so that one could be sure from the start that this action would be reasonably successful. The arrest of young Poles when leaving church service or the cinema would bring about an increasing nervousness among them. Generally speaking, he had no objections at all if the rubbish, capable of work yet often loitering about, were snatched from the streets. The best method for this, however, would be the organisation of a raid, and it would be absolutely justifiable to stop a Pole in the street and to question him what he was doing, where he was working, etc.”

I should like to refer to another entry in the diary of the defendant Frank, and I offer in evidence an extract from the entry made on 16th March, 1940, which appears in the document book as 2233-PS-B, and it is Exhibit USA 174. I wish particularly to quote from the third page of the English text:-

“The Governor General remarks that he had long negotiations in Berlin with the representatives of the Reich Ministry for Finance and the Reich Ministry for Food. An urgent demand was made there that Polish farm workers should be sent to the Reich in greater numbers. He has made the statement in Berlin that he, if it is demanded from him, could naturally exercise force in such a manner as to order the police to surround a village, and get the men and women in question out by force, and then send them to Germany. One can however also work in another way, besides these police measures, by retaining the unemployment compensation of those workers in question.”

THE PRESIDENT: Why is it that this document is dated the 16th March, 1943

MR. DODD: That is clearly an error in the translation – I am sorry, your Honour. It is the 16th March, 1940. It is a mistake in the mimeographing.

The instruments of force and terror used to carry out this programme reached into many phases of Polish life. German labour authorities raided churches and theatres, seized those present and shipped them back to Germany. This appears in a memorandum to Himmler, which we offer in evidence as Document 2220-PS, and it becomes Exhibit USA 175. This memorandum is dated the 17th April, 1943, and it was written by Dr. Lammers, the Chief of the Reich Chancellery, and deals with the situation in the Government General of Poland.

DR. SERVATIUS (Counsel for defendant Sauckel): I should like to call the attention of the Court to the fact that the last three documents which have just been read were not made available to me beforehand. They did not appear in the original list of documents, and when checking the later list I could not find them either.

I therefore request that the reading of these documents be held in abeyance until I have had an opportunity to peruse them, and to discuss the matter with my client.

Perhaps I may, at the same time, lodge an additional complaint. I received some interrogation material in German the day before yesterday. My client, when asked, told me that they are not transcripts of the interrogation in the real sense of the word; that he was interrogated in German; that an interpreter translated his deposition into English, and that this was taken down.

THE PRESIDENT: I did not hear what you said last. I heard what you said about the three last documents not being available to you, and you went on to say something about interrogations.

DR. SERVATIUS: With regard to the interrogation document – as I shall call it – which was submitted to me I should like to make the following complaint. These documents cannot have the value of evidence as they were not presented to the defendant for approval; he did not sign them, nor were they read to him. They are transcripts in English, a language which the defendant understands but little or not at all.

I have also ascertained that another interrogation document, concerning the defendant Speer, contains statements detrimental to my client’s interests, statements which are evidently incorrect too, as I established after talking to him.

I should like to have an opportunity of discussing the matter with the representatives of the prosecution, in order to clear up these differences and to decide whether I can agree to the use of these documents. For the time being I must object to use being made of these documents, which are to be presented by the prosecution today, or tomorrow at the latest.

THE PRESIDENT: As I understand it, you said to us that the last three documents were not available to you and that they were not in the original list. Is that right?

DR. SERVATIUS: Not available so far. I should like to have an opportunity to peruse these documents beforehand. They are being read here prior to my even having seen them.

THE PRESIDENT: And then you went on to deal with the interrogations which have not been put into evidence.

DR. SERVATIUS: It is, however, probable that the material will be put into evidence today, and I wish to take the opportunity of calling the Court’s attention to the fact that I wish to discuss the matter with the prosecution beforehand, in case the material should be used during tomorrow’s proceedings. Meanwhile I must object to this material being used as evidence.

THE PRESIDENT: Mr. Dodd, do you know what the circumstances are about these three documents which have not been supplied.

MR. DODD: I do not, your Honour. They have been placed in the defendants’ Information Centre and they partly have been in the information list. It may be that through some oversight these entries of this diary were neglected.

DR. SERVATIUS: I have these documents in my hand; they are not numbered. The first document concerning Sauckel begins on Page 10, question and answer on Pages 11, 12. It is, therefore, not a coherent document, but consists of fragments of a transcript, the origin of which I should like to investigate.

THE PRESIDENT: Counsel for the prosecution will supply you with these documents at the adjournment this afternoon. With reference to the interrogation, if they propose to use any interrogation in the trial tomorrow, they can also supply you with any documents which are material to that interrogation.

DR. SERVATIUS: I agree to that.

MR. DODD: I believe I was referring to Document 2220-PS.

THE PRESIDENT: That is right. You have not begun to read it yet.

MR. DODD: I propose to read from the fourth page of the English text, Paragraph 2 at the top of the page, particularly the last two sentences of the paragraph; and in the German text the passage is found in Page 10, Paragraph 1. Quoting directly, it is as follows:-

“As things were, the utilisation of manpower had to be enforced by means of more or less forceful methods, such as the instances when certain groups appointed by the Labour Offices caught churchgoers and cinema audiences here and there, and transported them into the Reich. That such methods undermine the people’s willingness to work and the people’s confidence to such a degree that it cannot be checked even with terror, is just as clear as the consequences brought about by a strengthening of the political resistance movement.”

That is the end of the quotation. We say that Polish farmland was confiscated with the aid of the S.S. and was distributed to German inhabitants or held in trust for the German community, and the farm owners were employed as labourers, or transported to Germany against their will. We refer to Document 1352-PS, which becomes Exhibit USA 176. This document is a report of the S.S., and it bears the title “Achievement of Confiscations of Polish Agricultural Enterprises with the Purpose to Transfer the Poles to the Old Reich and to Employ Them as Agricultural Workers.”

I wish to read from the first page of the English text beginning with the fifth paragraph; and in the German text it appears on Page 9, Paragraph 1. Quoting:-

“It is possible without difficulty to accomplish the confiscation of small agricultural enterprises in the villages in which larger agricultural enterprises have been already confiscated, and are under the management of the East German Corporation for Agricultural Development.”

And then passing down three sentences, there is this statement which I quote:-

“The former owners of Polish farms, together with their families, will be transferred to the old Reich by the employment agencies, for employment as farm workers. In this way many hundreds of Polish agricultural workers can be placed at the disposal of agriculture in the old Reich in the shortest and simplest manner. In this way the most pressing shortage, that which is now felt especially in the root-crop districts, would be overcome.”

Pursuant to the directions of the defendant Sauckel, his agents and the S.S. men deported Polish men to Germany without their families, thereby accomplishing one of the basic purposes of the programme, the supplying of labour for the German war effort, and at the same time, weakening the reproductive potential of the Polish people.

I wish to refer directly to Document L-61, which becomes Exhibit USA 177. This document is a letter from the defendant Sauckel to the Presidents of the “Landes” Employment Offices. It is dated 26th November, 1942, and I want to read from the first paragraph of that letter, which states as follows:-

“In agreement with the Chief of the Security Police and the S.D., Jews who are still in employment are, from now on, to be evacuated from the territory of the Reich and are to be replaced by Poles, who are being deported from the Government General.”

Passing to the third paragraph of that same letter, we find this statement.

“The Poles who are to be evacuated as a result of this measure will be put into concentration camps and put to work whether they are criminal or asocial elements. The remaining Poles where they are suitable for labour will be transported without family into the Reich, particularly to Berlin, where they will be put at the disposal of the labour allocation offices, to work in armament factories instead of the Jews who are to be replaced.”

THE PRESIDENT: Who is the Chief of the Security Police, mentioned in the second paragraph?

MR. DODD: The Chief of the Security Police was Heinrich Himmler. He was also the Reichsfuehrer of the S.S.

DR. SERVATIUS: I would like to add something with regard to this document. The defendant Sauckel denies knowledge of it, and the place of issue, not mentioned during the reading of this document, is relevant. This document, according to its letterhead, was written at 36 Saarland Strasse, a place which has never been the office of defendant Sauckel.

The second point is; this document was not signed by the defendant Sauckel, and contrary to the statement in the document list classifying it as an original letter, it is merely a copy marked “Signed Sauckel”. The usual certification of the signature customary for all documents is missing. I should like the prosecution to take note of this, so that I can refer to this document in the defence later.

THE PRESIDENT: If the procedure which the Tribunal has laid down has been carried out, either the original document or a photostat copy will be in your Information Centre, and you can then compare or show to your client either the photostat or the original.

DR. SERVATIUS: I have done this, and only object to the fact that this document is being read with the exclusion of some parts which I consider important. If this letter is being read here it will have to be read in its entirety, and with parts considered essential by me, and, of course, we also attach importance to the kind of signature.

THE PRESIDENT: Will you repeat that.

DR. SERVATIUS: I beg that the letter be read in its entirety if it is to be used here; namely, with its complete heading and the signature of the defendant, such as it is. The certification of the signature is missing, a fact from which my client draws certain conclusions in his favour.

THE PRESIDENT: You will have an opportunity, after adjournment, of seeing this document, and you have been told already that you can refer, when your turn comes to present your defence, to the whole of any document. It is inconvenient to the Tribunal to have many interruptions of this sort, and if you wish to refer to the whole document, you will be able to do so at a later stage.

DR. SERVATIUS: I draw the conclusion therefrom that it is admissible to present parts of a document instead of a complete document. Do I understand the Court correctly ?

THE PRESIDENT: Yes, certainly. You can put in a part or the whole of the document when your turn comes. We will adjourn now; but, Mr. Dodd, you will satisfy this counsel for the defence as to the reason why he had not got these documents.

MR. DODD: Yes, I will.

THE PRESIDENT: And you will make them available to him and ensure that he has an opportunity of seeing the original of this document so that he can check the signature.

MR. DODD: We will have and furnish a photostat of the document, and I will see that the original is available to him.

THE PRESIDENT: All right, we will adjourn now.

[The Tribunal adjourned until 1000 hours, on 12th December, 1945.]

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