Fourth Day:
Friday, 23rd November, 1945
[Page 117]
The Chief Prosecutor introduced in Court yesterday a graphic
presentation concerning the Reich Ministries and other
bureaux and offices at the highest level of the German
government. My client is of the opinion that this
presentation is erroneous in the following respects which
concern his own person:
(2) The Secret Cabinet Council which was to be created in
accordance with the law of 4th February, 1938, never came
into existence. It was never constituted; it never held a
session.
(3) The defendant Keitel never was Reich Minister. Like the
commanders in chief of the Army and the Navy, he merely had
the rank of a Reich Minister. Consequently, he never was a
Minister without portfolio either. He did not participate in
any advisory Cabinet session.
THE PRESIDENT: The Tribunal rules that the documents are
admissible, but the defendants can prove at a later stage
any matters, which are relevant to the documents. It is not
necessary for the defendants to make objections at this
stage. At a later stage they can prove any matters which are
relevant to the weight of the documents.
DR. RUDOLF DIX (defence Counsel): May I ask the Tribunal a
question:
We have now been able to see, in part, the briefs and
documents which were introduced in Court yesterday. In that
connection we have established that these documents comprise
some with which the representative of the prosecution did
not acquaint the Court either in their entire contents or as
regards their nature. My question now is: Shall the
contents, the entire contents of all the documents which
were presented to Court form part of the basis for the
Court's decision, even in cases where the prosecutor who
presented the documents did not refer to their contents?
In other words, must we consider all of the documents
presented in Court - including those the contents of which
were not verbally referred to - as a basis for the judgement
and, consequently, should they be examined with a view to
determining whether the defendants wish to raise any
objections?
In conclusion, I ask the Tribunal whether we are to
understand that the entire contents of all the documents
which were introduced in Court yesterday, or which still may
be introduced at a future date, will form the basis for
formulation of the judgement, even in cases concerning
documents which the prosecutor has not presented verbatim,
whose contents he has not given and to which he has not
referred otherwise?
THE PRESIDENT Every document, when it is put in, becomes
part of the record
[Page 118]
DR. DIX: Thank you. The question is clarified herewith.
THE PRESIDENT: There are three announcements which I have to
make on behalf of the Tribunal; and the first is this: That
we propose that the Tribunal shall not sit on Saturday
morning in this week, in order that defendants' counsel may
have more time for the consideration of the documents and
arguments, which have been made up to that time. That is the
first matter.
The second matter is that the Tribunal desires that all
motions and applications shall, so far as practicable, be
made in writing, both by the prosecution and by the defence.
There are occasions, of course, such as this morning when
motions and applications for the purpose of explanation, are
more conveniently made orally, but as far as practicable, it
is the desire of the Tribunal that they shall be made in
writing, both by the prosecution and by the defence.
The other matter is an observation, which the Tribunal
desires me to make to the prosecution, and to suggest to
them that it would be more convenient to the Tribunal and
possibly also to the defence that their briefs and volumes
of documents should be presented to the Tribunal before
counsel-speaking begins that branch of the case, so that the
brief and volume of documents should be before the Tribunal
while counsel is addressing the Tribunal upon that branch of
the case; and also that it would be convenient to the
Tribunal - if it is convenient to counsel for the
prosecution-that he should give a short explanation - not a
prolonged explanation - of the documents which he is
presenting to the Court, drawing their attention to any
passages in the documents to which be particularly wishes to
draw attention.
I will now call upon the Chief Prosecutor for the United
States to continue his address.
COLONEL STOREY: May it please the Tribunal: Yesterday
afternoon it appeared that there was some question about the
identification of documents formally offered in evidence
yesterday. Therefore, with the Tribunal's permission I
should like to offer them by number, formally, so that the
Clerk can get them on his record and they may be identified,
with your Honour's permission.
The United States - and may I say, Sir, that we offer each
one of these exhibits in evidence - requests that they be
received and filed as evidence for the United States of
America, with the understanding that defence counsel may
later interpose objections. If that is agreeable, Sir, the
first is exhibit U.S.A. 1, the affidavit of Major William H.
Coogan, concerning the capture, processing and
authentication of documents, together with Robert C.
Storey's accompanying statement:
Exhibit USA 2 being document 2903-PS, being the Nazi Party
Chart, together with authentication certificates.
[Page 119]
THE PRESIDENT: Colonel Storey, might not the numbering of
those documents be done by the General Secretary?
COLONEL STOREY: Yes, Sir, that is correct. That is agreeable
with us, Sir, but the General Secretary raised the question
that it was not in the record. We have the complete
tabulation describing each document by number, and if it is
agreeable to your Honour I will offer the description of
this page, correctly describing, by exhibit number, each one
that was offered in evidence yesterday.
THE PRESIDENT: We will authorise the General Secretary to
accept the documents so numbered.
COLONEL STOREY: Thank you, Sir.
The tabulation referred to is set forth in the following
words and figures:
USA 1 Major Coogan's affidavit with Col. Storey's statement.
DOCUMENT BOOKS
May it please the Tribunal, Mr. Justice Jackson called my
attention while we were offering all of these exhibits on
behalf of the United States; naturally they are for the
benefit of and on behalf of all the other nations who are co-
operating in this case.
THE PRESIDENT: That is understood.
MAJOR WALLIS: May it please the Court, when we adjourned
yesterday afternoon, I was in the process of developing the
various means by which these conspirators acquired a
totalitarian control of Germany. I wish to continue on that
subject this morning, and I will first discuss the reshaping
of education and the training
[Page 120]
Meanwhile, during this entire pre-war period, the nation was
being psychologically prepared for war. One of the most
important steps was the re-shaping of the educational system
so as to educate the German youth to be amenable to their
will. Hitler publicly announced this purpose in November,
1933, and I am quoting from document 2455-PS, when he said:
The Civil Service Law of 1933, which was presented in
evidence yesterday, made it possible for the Nazi
conspirators to re-examine thoroughly all German teachers
and to remove all "harmful and unworthy elements", harmful
and unworthy in the Nazi opinion. Many teachers and
professors, mostly of them Jews, were dismissed and were
replaced with State-spirited teachers. All teachers were
required to belong to the National Socialist Teachers'
League, which Organisation was charged with the training of
all teachers in the theories and doctrines of the N.S.D.A.P.
This is set forth in document 2452-PS. The Fuehrerprinzip
was introduced into the schools and universities. I refer to
document 2393-PS.
In addition, the Nazi conspirators supplemented the school
system by training the youth through the "Hitler Jugend."
The law of the Hitler Jugend, which is set forth in
document 1392-PS, states:
[Page 121]
The Hitler Jugend from its inception had been a formation of
the Nazi Party. By virtue of the 1936 Youth-Law, making
membership compulsory, it became an agency of the Reich
Government while still retaining its position as a formation
of the Nazi Party. This is set forth in document 1392-PS. By
1940 membership in the Hitler Jugend was over 7,000,000. I
refer you to document 2435-PS. Through the Hitler Jugend the
Nazi conspirators imbued the youth with Nazi ideology. The
master race doctrine and anti-Semitism, including physical
attack on the Jews, were systematically taught in the
training programme. I refer you to document 2436-PS. The
Hitler Jugend indoctrinated the youth with the idea that war
is a noble activity. I refer to document 1458-PS. One of the
most important functions of the Hitler Jugend was to prepare
the youth for membership in the Party and its formations.
The Hitler Jugend was the agency used for extensive pre-
military and military training of youth. I refer to document
1850-PS. In addition to general military training, special
training was given in special formations. These included
flying units, naval units, motorised units, signal units,
etc.
The full details, with the accompanying documents of the
methods used by the Nazi conspirators in re-shaping the
educational system and supplementing it with the Hitler
Jugend so as to educate the German youth to be amenable to
the Nazi will, and prepare youth for war, are set forth in
the document book which has been offered, and in the
accompanying briefs.
Now I would like to direct your attention to the weapon of
propaganda that was used during this period, and for this
purpose I offer exhibit USA E with the accompanying brief.
This document book and the briefs which accompany it.
THE PRESIDENT: Have any copies of these documents been
provided for the defence counsel?
COLONEL STOREY: I understand they have been sent to the
Defendants' Information Centre. I may say, Sir, that by to-
morrow we will have then in advance for everybody, including
the Court and the defence counsel.
THE PRESIDENT: Very well.
MAJOR WALLIS: This document book and the accompanying brief
entitled "Propaganda Censorship and Supervision of Cultural
Activities."
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(Part 1 of 7)
(1) A Reich Defence Council has never existed. The Reich
Defence Law, which foresaw a Reich Defence Council in the
event of war, has never been published; a session of a Reich
Defence Council has never taken place. For this reason, the
defendant Keitel was never a member of a Reich Defence
Council.
I should like to ask the Court for its opinion as to whether
these objections may be made the object of an examination at
this stage of the trial or whether they are to be reserved
for a later stage?
Exhibit USA 3, being document 2905-PS, the Nazi State Chart,
together with authenticating certificates;
Exhibit USA 4, document 2836-PS, the original statement of
defendant Goering as to positions held;
Exhibit USA 5, document 2829-PS, the same, concerning
defendant Ribbentrop;
Exhibit USA 6, document 2851-PS, being the same with
reference to defendant Rosenberg;
Exhibit USA 7, being document 2979-PS, the same concerning
defendant Frank;
Exhibit USA 8, being document 2978-PS, the same relating to
defendant Frick;
Exhibit USA 9, being document 2975-PS, regarding defendant
Streicher
Exhibit USA 10, being document 2977-PS, relating to
defendant Funk
Exhibit USA 11, being document 3021-PS, relating to
defendant Schacht;
Exhibit USA 13, being document 2688-PS, relating to
defendant Raeder;
Exhibit USA 14--
USA 2 (2903-PS) Nazi Party Chart and authenticating papers.
USA 3 (2905-PS) Nazi State Chart and authenticating papers.
USA 4 (2695-PS) Original statement of Goering's positions.
USA 5 (2829-PS) Original statement of Ribbentrop's
positions.
USA 6 (2851-PS) Original statement of Rosenberg's
positions.
USA 7 (2979-PS) Original statement of Frank's positions.
USA 8 (2978-PS) Original statement of Frick's positions.
USA 9 (2975-PS) Original statement of Streicher's
positions.
USA 10 (2977-PS) Original statement of Funk's positions.
USA 11 (3021-PS) Original statement of Schacht's positions.
USA 12 (2887-PS) Original statement of Donitz' positions.
USA 13 (2888-PS) Original statement of Raeder's positions.
USA 14 (2973-PS) Original statement of von Schirach's
positions.
USA 15 (2974-PS) Original statement of Sauckel's positions.
USA 16 (2865-PS) Original statement of Jodl's positions.
USA 17 (2910-PS) statement of Seyss-Inquart's positions.
USA 18 (2980-PS) Original statement of Speer's positions.
USA 19 (2972-PS) Original statement of von Neurath's
positions.
USA 20 (2976-PS) Original statement of Fritzsche's
positions.
USA A Common Objectives, Methods, and Doctrines of
Conspiracy.
USA B The Acquiring of Totalitarian Control over Germany;
Political First Steps; Control Acquired.
USA C Consolidation of Control (Utilisation and Moulding
of Political Machinery.
USA F Purge of Political Opponents; Terrorisation.
USA G Destruction of Trade Unions and Acquisition of
Control over Productive Labour Capacity in Germany.
USA H Suppression of the Christian Churches in Germany.
USA I Adoption and Publication of the Programme for
Persecution of the Jews.
"When an opponent declares, 'I will not come over to
your side, and you will not get me on your side,' I
calmly say, 'Your child belongs to me already. A people
lives forever. What are you? You will pass on. Your
descendants, however, now stand in the new camps. In a
short time they will know nothing else but this new
community.'"
He further said in May, 1937, and I refer to document 2454-
PS:
"This new Reich will give its youth to no one, but will
itself take youth and give to youth its education and
its own upbringing."
The first steps taken in making the German schools the tools
of the Nazi education system were two decrees in May 1934,
whereby the Reich Ministry of Education was established and
the control of education by local authorities was replaced
by the absolute authority of the Reich in all educational
matters. These decrees are set out in documents 2078-PS,
2088-PS, 2992-PS. Thereafter, the curricula and organisation
of the German schools and universities were modified by a
series of decrees in order to make these schools effective
instruments for the teaching of Nazi doctrines.
"The German youth, besides being reared within the
family and school, shall be educated physically,
intellectually and morally in the spirit of National
Socialism to serve the people and community through the
Hitler Youth."
In 1925 the Hitler Youth was officially recognised by the
Nazi Party and became a junior branch of the S.A. In 1931
the defendant Schirach was appointed Reich Youth Leader of
the N.S.D.A.P. with the rank of S.A. Gruppenfuehrer. I refer
to document 1458-PS. In June, 1933, the defendant Schirach
was appointed Youth Leader of the German Reich. I refer to
the same document, 1458-PS. In that same month, on orders of
the defendant Schirach, the Nazi conspirators destroyed or
took over all other youth organisations. This was
accomplished by force in the first instance. The defendant
Schirach, by decree