The Nizkor Project: Remembering the Holocaust (Shoah)
Nuremberg, war crimes, crimes against humanity

The Trial of German Major War Criminals

Sitting at Nuremberg, Germany
16th April to 1st May, 1946

One-Hundred-and-Seventeenth Day: Tuesday, 30th April, 1946
(Part 1 of 10)

[Page 357]

(Mr. Dodd, of the American Prosecution, approached the lectern.)

THE PRESIDENT: Mr. Dodd, were you going to deal with the Schirach Document?

MR. DODD: Yes, Mr. President, I am prepared to do so. Shall I proceed to take up those documents over which we have some difficulty?

THE PRESIDENT: If you will, yes.

MR. DODD: Altogether, there are some 118 documents submitted on behalf of the defendant von Schirach. As a result of our conversations, we have agreed on all but - I believe the number is twelve.

The first group, Nos. 30, 31, 45, 68, 73, 1101, 109, 124 and 133, are all excerpts from a book entitled, "Look, the Heart of Europe!" written by a man named Stanley McClatchie. They are excerpts referring to the Hitler Youth organisation, and we do object to them on the ground that they are all irrelevant and immaterial here. They describe Hitler Youth meetings at home and Hitler health programmes and Hitler athletic competitions and Hitler Youth Land Service and that sort of thing. There are general descriptions by Mr. McClatchie of some activities of the Hitler Youth organisation. They are all, I say, from that same book - none of them written by the defendant himself. They were published in 1937.

Then, Document No. 118A is a letter. It is unsigned, and is typewritten. It is by Colin Ross and his wife and it appears to be a suicide note setting forth the reasons why Ross and his wife intended to commit suicide. We have been unable to determine its probative value and do not see any probative value in it, in so far as the issues concerning this defendant are concerned. He apparently was acquainted with the defendant von Schirach and that is the claim, I assume, of Counsel for von Schirach, that it sheds some light of some kind on von Schirach's attitude. But it is not clear to us.

The third document is No. 121. This is a quotation from the United States Army newspaper, "The Stars and Stripes," issue of 21 February, 1946. It is about the training of young people in Yugoslavia at the present time. With respect to this we also say that we believe it to be immaterial here and not relevant and not bearing on the issues concerning this defendant as charged in the Indictment.

Those three - the first group and the two, 118A and 121, are the only documents concerning which we have any controversy.


MR. DODD: I am sorry. I said twelve.

DR. SAUTER (Counsel for Defendant von Schirach): Mr. President, the first group of documents to which the prosecution has objected are from a book by an American, McClatchie.

This American, as he himself writes in the book, is of Scottish descent, and in the year 1936 - that was the year of the Olympic Games - visited Germany; he was able to see for himself the conditions in Germany and the development of the German people during the first years of the Hitler regime, and here he describes the impressions he received.

Normally I would not attach any special value to this book, if it were not for the fact that the preface shows that the book was written on the suggestion of the defendant Baldur von Schirach.

The defendant, as he will explain in the course of his own examination, began very early to build up a pleasant and friendly relationship in particular with the

[Page 358]

United States, and this book by McClatchie is one of the many means which the defendant von Schirach used for that purpose. The author himself admits in the preface of his book, that he obtained a large part of the material for the book from the defendant von Schirach. Concerning its relevancy, for the purposes of this trial, in the defence of von Schirach, this fact lends to the book an importance entirely different from that which it would have had if it had been written quite independently of von Schirach. That is, we have to evaluate the statements and descriptions in this book more or less as though they were statements of the defendant von Schirach himself. This is the main reason why I have submitted the book with the request that I be permitted to quote in evidence some short passages, particularly those referring to the Youth Leadership. The rest of the book, which is also interesting, but has no direct connection with the Youth Leadership of the defendant von Schirach, I have not mentioned; I refer only to a few short extracts which shed light exclusively on the activity and the aims of the defendant von Schirach; and, besides, they are intended to show you, Gentlemen, what impression even a foreigner gained from this activity, although naturally he had come to Germany with a certain prejudice which had to be overcome by his personal impressions.

That, Mr. President, is what I wanted to say about the first group, which the prosecutor listed individually from Numbers 30 to 133.

The second group consists of number 118A of the Document Book Schirach, and that is a letter of farewell which the explorer, Dr. Colin Ross, left behind.

If the prosecutor objects that the letter bears no signature, the fact in my opinion, is not particularly important. What we have submitted is the original copy of that last letter, and this original copy was found among the papers of Dr. Colin Ross.

Now, the prosecution asks: What has that farewell letter by Dr. Colin Ross to do with the charges against Schirach? I ask the Tribunal to recall that the name of Dr. Colin Ross has been mentioned here repeatedly. He is the explorer - I believe an American by birth, but I am not certain. He is the man who for many years was not only a close friend of Schirach's but one whom the defendant von Schirach used again and again in order to prevent the outbreak of a war with the United States, and later, to terminate the war and to bring about peace with the United States. When the evidence is presented, these points will be clarified in detail, I believe. I now submit the last letter of Dr. Colin Ross ...

THE PRESIDENT: When was it dated?

DR. SAUTER: One moment please. The date is 30 April, 1945. I consider the letter - it is only one page - important for the reason that in it a man, at a moment before he commits suicide with his wife because he is desperate about the future of Germany, at this moment - in the face of death, he again confirms that he, together with the defendant von Schirach, has continuously endeavoured to maintain peace in particular with the United States. I believe, gentlemen, that such a man ...

THE PRESIDENT: Where was he at the time when, as I understand you to say, he committed suicide?

DR. SAUTER: The defendant von Schirach ...

THE PRESIDENT: No, no, the man who wrote the letter.

DR. SAUTER: One moment, please. The defendant von Schirach had a small house in Upper Bavaria in Urfeld on the Walchen Lake, and in that house Colin Ross lived at the time with his wife, and it was in this, Schirach's house, that he committed suicide.

The letter is only one page, and it would not cause any considerable delay in the proceedings if it were read.

Then, gentlemen, the third group to which the prosecution objects, again consists of one number only - a comparatively short article from "The Stars

[Page 359]

and Stripes," No. 121. That edition, of which I shall submit the original in evidence, is of 21 February, 1946, that is, of this year. It explains in detail how the education of youth in Yugoslavia has now been re-organised by Marshal Tito, and the defendant von Schirach attaches p4rticular value to this document because it proves that, in Yugoslavia a definitely military education of youth has been decided upon this very year. The defendant von Schirach therefore desires to make a comparison between the kind of education which he promoted and the Yugoslav education of youth which has been adopted only this year, and which goes very much further than the programme of the defendant von Schirach did at any time.

That is all.

MR. DODD: Mr. President, may I make just one or two short observations? I realise that ordinarily the Tribunal does not want to hear from counsel twice, but there are two matters I feel I should clear up.

First of all, this book, "Look, the Heart of Europe," which may have been written by this man McClatchie, who, counsel says, is an American of Scotch ancestry. I think it is important that the Tribunal know that it was published in Germany. I am sure that counsel did not mean to imply that it was an American publication, because, other than having been written by this man, it was published over here after he attended the Olympic Games in 1936.

THE PRESIDENT: And in the German language, I suppose?

MR. DODD: Yes, and the German title was "Sieh: Das Herz Europas."

Then with respect to the Colin Ross note, I think it is important to observe that no one knows whether Ross committed suicide or not. At least, in so far as the Allied countries are concerned. His body has never been found and only this note which counsel says was found among his effects.

DR. SAUTER: Mr. President, may I make another remark concerning the first group? This book by McClatchie was published by a German publisher. The efforts of the defendant von Schirach made the publication possible. That again speaks for the fact that von Schirach in furthering the publication had a certain purpose in view. That purpose was to bring about enlightenment between America and Germany and to smooth over the difficulties which he was afraid could one day lead to war. The book by McClatchie did not only appear in German, but also in the English language, and it was sold in large numbers in England and in the United States. Of course, it also appeared in German and the German language edition was sold in Germany.

That, I believe, is all I wish to say at this point.

THE PRESIDENT: Would you tell the Tribunal what these other documents are that Mr. Dodd has not objected to? Because we understand that there are 160 documents, which he has not objected to. What are they all about, and how long are they?

DR. SAUTER: They are short. I have submitted only one document book. That is, I have limited myself to the absolute necessities.

THE PRESIDENT: Of how many pages?

DR. SAUTER: Altogether, 134 pages. Of course, some cover only one-half or one-third of a page, since the majority are relatively short quotations. It was necessary for me to submit these excerpts, because I can produce evidence of the activities of the defendant von Schirach as Reich Youth Leader only by showing the Tribunal just what the defendant von Schirach told the youth of the German nation, what his teachings were, what his directives to his subordinate leaders were. And in order to do so, I have to submit, as I believe the prosecution realises, a short report covering the entire period during which von Schirach was Reich Youth Leader, so as to show that the opinions and theories of the defendant von Schirach during the last year of his activity as Reich Youth Leader were exactly the same as those during his first year. He is one of the few men within the Party who did not, in the course of the years, allow them-

[Page 360]

selves to become violent; he did not go to extremes as did most of the others; and that is what I want to show by these comparatively short excerpts.

I believe that is all at the moment.

THE PRESIDENT: Then you have two supplementary applications for witnesses, have you not?


THE PRESIDENT: You had better deal with those, had you not?


THE PRESIDENT: Well, one of them, I understand, is a person who made an affidavit which has been used by the prosecution.

DR. SAUTER: I believe that is the witness Uiberreither.

THE PRESIDENT: No, I think it is the other one, is it not? Who are the two?

DR. SAUTER: One is, I believe -


DR. SAUTER: No, not Marsalek, but Ueberreiter. Marsalek, Mr. President -

THE PRESIDENT: I have your application before me for Marsalek. You do not want Marsalek?

DR. SAUTER: No, that must be an error.

THE PRESIDENT: Dated 15 April, 1946. Anyhow, you do not want him?


THE PRESIDENT: Well, then you only want one, do you?


THE PRESIDENT: And that is Ueberreiter?


THE PRESIDENT: Has the prosecution any objection to him?

MR. JUSTICE JACKSON: No, we have not, your Honour. That affidavit I believe was introduced by us in connection with the Kaltenbrunner case, an affidavit by Ueberreiter.

THE PRESIDENT: You have no objection?

MR. JUSTICE JACKSON: No objection.

THE PRESIDENT: Very well. Thank you Dr. Sauter. We will consider your application in respect of documents and the witness. We will consider your application, and we will now proceed with the case of Streicher.

MR. JUSTICE JACKSON: May it please the Tribunal; I should like to make a motion for the case of Streicher. I desire to move that Streicher's testimony found on Pages 8494, 8495, and 8496 of 26 April be expunged from the record, and on Page 8549 of yesterday's testimony.

THE PRESIDENT: Dr. Marx, do you wish to say anything about that?

DR. MARX: (Counsel for the defendant Streicher): Excuse me, Mr. President. Unfortunately, I did not completely understand the motions made by the Chief Prosecutor, Mr. Justice Jackson, because at that moment I was busy with something else. As far as I understood, he dealt with the deletion ...

THE PRESIDENT: I can tell you what the motion was. The motion was that passages on Pages 8494, 8495, and 8496, and on Page 8549, be expunged from the record.

DR. MARX: I understand. I would like to say, from the point of view of the defence, that I agree that these passages be expunged from the record, because I am of the opinion that they are in no way relevant for the defence of the defendant.

THE PRESIDENT: The passages to which Mr. Justice Jackson has drawn our attention are, in the opinion of the Tribunal, highly improper statements made by the defendant Streicher. They are, in the opinion of the Tribunal, entirely irrelevant, and they have been admitted by counsel for the defendant

[Page 361]

Streicher to be entirely irrelevant, and they will, therefore, be expunged from the record.

And now Dr. Marx.

DR. MARX: May I now, with the permission of the Tribunal, continue with the examination of witnesses? I now call the witness, Friedrich Strobel, to the stand.

FRIEDRICH STROBEL, a witness, took the stand and testified as follows:


Q. Will you state your full name.

A. Friedrich Strobel.

Q. Will you repeat this oath after me:

I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing.

(The witness repeated the oath.)

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