Thirty-Fifth Day:
Wednesday, January 16th, 1946
[Page 334]
(2) Besides the Chief Physician of the Reich, Dr. L.
Conti, the Reichsfuehrer S.S. Himmler, and the
Reichsminister of the Interior Dr. Frick, as well as
other men, the following participated in the
introduction of this secret law ..." (other names
listed).
"(3) As I have already stated, there were-after careful
calculation at least 200,000 mainly mentally deficient,
imbeciles, besides neurological cases and medically
unfit people - these were not only incurable cases - and
at least 75,000 aged people."
Your Honour, may I ask you whether I can have ten more
minutes to end this presentation, because the Chief
Prosecutors agreed, as I understood, to start to-morrow
morning the case of the French, and I have just ten more
minutes.
THE PRESIDENT: Yes, very well.
DR. KEMPNER: Thank you, your Lordship.
I refer to the Hadamar case. I now offer in evidence
Document 615-PS, Exhibit USA 717.
THE TRIBUNAL (Mr. Biddle): What is this last report that you
spoke about. Whose is it?
DR. KEMPNER: The Czechoslovak War Crimes Commission report.
After I have shown the general scheme, of which Frick was a
co-author, I would like to show that Frick's ministry was
acquainted with the things that were going on under his
organisational authorship, and therefore I am quoting now a
letter showing that he was acquainted with these killings,
and that these killings had even become public knowledge.
For this reason I offer in evidence Document 615-PS, Exhibit
USA 717. This document is a letter from the Bishop of
Limburg, of 13th August, 1941, to the Reichsminister of
Justice. Copies were sent to the Reichsminister of the
Interior - this means Frick - and to the Reichsminister for
Church Affairs. I quote:
[Page 335]
The effect of the principles at work here are: Children
call each other names and say, 'You're crazy; you'll be
sent to the baking oven in Hadamar.' Those who do not
want to marry or find no opportunity say, 'Marry, never!
Bring children into the world so they can be put into
the bottling machine!" You hear old folks say, 'Do not
send me to a State hospital! After the feeble-minded
have been finished off, the next useless eaters whose
turn will come are the old people.'
... The population cannot grasp that systematic actions
are carried out which, in accordance with paragraph 211
of the German criminal code, are punishable with
death....
Officials of the Secret State Police, it is said, are
trying to suppress discussion of the Hadamar occurrences
by means of severe threats. In the interest of public
peace this may be well intended. But the knowledge and
the conviction and the indignation of the population
cannot be changed by it; the conviction will be
increased with the bitter realisation that discussion is
prohibited with threats, but that the actions themselves
are not prosecuted under penal law."
THE PRESIDENT: Was any answer made to that letter?
DR. KEMPNER: No answer has been found. I have other letters
which I am not able to quote here to-day which bear the
words: "Please do not answer."
THE PRESIDENT: "Please do not answer?"
DR. KEMPNER: So that it should be unanswered.
Nevertheless, the killings carried out in these institutions
under the secret law created by defendant Frick, Himmler and
others continued year after year. I offer in evidence
Document 3592-PS, Exhibit USA 718, which is a certified copy
of the charge, specifications, findings and sentence of the
U.S. Military Commission at Wiesbaden, against the
individuals who operated the Hadamar Sanatorium, where many
Russians and Poles were murdered. In this particular
proceeding seven defendants were charged with the murder in
1944 of400 persons of Polish and Russian nationality, and
three of the defendants were sentenced to be hanged; the
other four were sentenced to confinement with hard labour.
Now I come to the last page of my presentation, the final
case of Frick's responsibility, which arises under his
position as Reich Protector of Bohemia and Moravia for the
period from 20th August, 1943, until the end of the war. I
think it is not necessary to say anything about the
functions of the Protector of Bohemia and Moravia; these
broad powers are known to the Court.
[Page 336]
DR. KEMPNER: It is absolutely clear in this document, the
sentence of the Military Commission of Hadamar for
Wiesbaden.
THE PRESIDENT: Will you show me where that is?
DR. KEMPNER: Document 3592-PS. I quote:
DR. KEMPNER: Sometime ago I referred to the Manual of the
German Administrative Officials. This manual points out very
clearly that nursing homes, sanitaria, and similar
establishments are under the supervision of the Ministry of
the Interior.
THE PRESIDENT: I follow that; but this document does not
refer to nursing homes. That is what I was asking you.
DR. KEMPNER: Yes, it says only Hadamar. It is, in fact, the
Hadamar nursing home. This portion was not given by the
Judge Advocate General, but I am willing to give later a
more extended document showing that Hadamar is a common name
for the so-called Hadamar killing mill, which is a nursing
home.
Now I come to the last paragraph of my presentation.
THE PRESIDENT: Wait a moment, Dr. Kempner. Counsel for the
defence wishes to speak. There is the gentlemen standing by
your side.
DR. PANNENBECKER (Counsel for defendant Frick): From
Document 3592-PS, which was just read, I cannot find that
the defendant Frick is connected with the document in any
way.
THE PRESIDENT: Surely it is not necessary for you to get up
and repeat what I have just said.
DR. PANNENBECKER: I would like to add something else.
THE PRESIDENT: I beg your pardon.
DR. PANNENBECKER: I would like to add that the defendant
Frick since August, 1943, was not Minister of the Interior,
and for that reason this document cannot be used against
him.
THE PRESIDENT: And it does not give the date of the death of
these people. At any rate, until Dr. Kempner produces
something to show that this was a nursing home and in a time
during which the defendant Frick was Minister of the
Interior, the Tribunal will not treat it as being evidence
which implicates Frick.
DR. KEMPNER: I quoted this killing in Hadamar for two
reasons: First, because the Ministry of the Interior has
become acquainted, as I said before, with the letter of the
Bishop of Limburg, in 1941, when Frick was Minister of the
Interior and knew about these facts; and I quoted the
military decision for this reasons that these killings were
still going on in 1944 and 1945 under a law of which the
defendant Frick was the co-author.
The final phase of Frick's responsibility arises under his
position as Reich Protector of Bohemia and Moravia for the
period from 20th August, 1943, until the end of the war. I
have not to prove his function but I shall mention one
example, and I offer in evidence Document 3589-PS, Exhibit
USA 720, which
[Page 337]
Thus, we submit, it has been shown that the defendant Frick
was a key conspirator from 1923 until the Allied armies
crushed the resistance of the Nazi Armed Forces. Frick's
guilt rests on his own record, and on the record of his co-
defendants, with whom he is co-responsible under our
Charter.
I would like to express my appreciation for the assistance
rendered in connection with the preparation of this case by
my colleagues, Mr. Karl Lachmann, Lt. Frederick Felton, and
Captain Seymour Krieger.
(The Tribunal adjourned until 10.00 hours on 17th January,
1946.)
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(Part 11 of 11)
[Dr. Robert M. W. Kempner]
"(1) The murdering can be traced back to a secret law
which was issued some time in the summer of 1940.
The most striking example of the continued killings in these
institutions, which were under Frick's jurisdiction and
operated under the order of which Frick was a co-author, is
the famous Hadamar case. "About 8 kilometres from Limburg, in the little town of
Hadamar, on a hill overlooking the town, there is an
institution which had formerly served various purposes
and of late had been used as a nursing home
And I quote further:
"Several times a week buses arrive in Hadamar with a
considerable number of such victims. School children of
the vicinity know this vehicle and say: 'There comes the
murder-box again.' After the arrival of the vehicle, the
citizens of Hadamar watch the smoke rise out of the
chimney and are tortured with the ever-present thought
of the miserable victims, especially when repulsive
odours annoy them, depending on the direction of the
wind.
I quote the last paragraph of the letter, the postscript:
"I am submitting copies of this letter to the Reich
Minister of the Interior and the Reich Minister for
Church Affairs." - Initialled by above.
Nevertheless, the killings carried out in these institutions
under the secret law created by defendant Frick, Himmler and
others continued year after year.
"Specification: In that Alfons Klein, Adolf Wahlmann,
Heinrich Ruoff, Karl Willig, Adolf Merkle, Irmgard Huber,
and Phillip Blum, acting jointly and in pursuance of a
common intent and acting for and on behalf of the then
German Reich, did, from or about 1st July, 1944 until about
1st April, 1945, at Hadamar, Germany, wilfully,
deliberately, and wrongfully aid, abet and participate in
the killing of human beings of Polish and Russian
nationality; their exact names and number being unknown, but
totalling over 400, and who were then and there confined by
the German Reich as an exercise of belligerent control."
THE PRESIDENT: It does not show that it came within the
jurisdiction of the Ministry of the Interior.
"During the tenure of office of defendant Wilhelm Frick as
Reich Protector of Bohemia and Moravia, from August, 1943,
until the liberation of Czechoslovakia in 1945, many
thousands of Czechoslovak Jews were transported from the
Terezin ghetto in Czechoslovakia to the concentration camp
at Oswiecziem (Auschwitz) in Poland and were there killed in
the gas chambers."
Brought from the territory over which Frick was Protector to
the gas chamber.