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

The Trial of German Major War Criminals

Sitting at Nuremberg, Germany
August 22, 1946

Two Hundred and Ninth Day: Thursday, 22nd August, 1946
(Part 2 of 9)

[Page 5]

THE PRESIDENT: Well, if that is so, then surely these documents which relate to the introduction of the Stahlhelm into the SA can be dealt with quickly as a group. You can give us the numbers of the documents. As the witness has given evidence and has not been cross-examined, it is not necessary to refer us in detail to these documents which merely support the evidence of your own witness.

DR. BOEHM: Yes, Mr. President.

I now refer to Document 6 which shows that the so-called Junior Stahlhelm was put under the Supreme Command of the SA. I turn to Document 7 which is a decisive order of Hitler, from which I should like to quote towards the end, Page 1, Paragraph 6:

"The entire Stahlhelm will be placed under the Supreme SA Command and will be re-organised according to its directives."
Then I should like to refer to Document 8, which shows that the Wehrstahlhelm was also taken over by the SA and especially that the members of the Wehrstahlhelm continued also to remain members of the Stahlhelm.

I also refer to Document 9, decreeing that the incorporation of the Stahlhelm be speeded up. Documents 10 and 12 show that the members of the Wehrstahlhelm were to be given equal rights, and a certain joint status, before their final incorporation. Then there are Documents 13, 14, 15 and 17, in connection with which I should like to refer particularly to Hitler's decree of the 25th January, 1934. Then Document 17 and Document 18. In the latter the complete amalgamation of the SA Reserve I, i.e., the former Stahlhelm, with the SA is proclaimed.

Document 18-A states that all age-classes over 45 years will be incorporated into the SA Reserve. Then I submit Document 19, and Document 21, from which I should like to quote briefly Paragraph 2:

"Members of the former Stahlhelm who have already been transferred into SA Reserve I, cannot of their own volition sever their connection with SA Reserve I for the sole purpose of joining other associations. Anyone who, because of a physical defect, cannot discharge his duties or who, for other reasons, wishes to leave the SA Reserve, must apply for his discharge, stating the reasons for his request. Dual membership in the SA Reserve I and in the NS Veterans' Association is permitted, provided the individual joined the former Stahlhelm before 30th January, 1933."
Now I should like to refer to Document 22, which shows how in practice a member of the Stahlhelm in the Rhineland was incorporated into SA Reserve I.

Document 23 deals with the dissolution of the National Socialist German Veterans' Association in November, 1939.

Document 26 contains several quotations from the Stahlhelm handbook published by Heinrich Hildebrandt and Walter Kenner. I should like to quote one sentence on Page 17:

[Page 6]

"The Stahlhelm has experienced war and therefore desires peace."
Then I should like to refer to Documents 29 and 30, which prove that members of the Stahlhelm attempted to leave the SA Reserve I. The documents which follow deal with the members of the Stahlhelm who did not agree with the incorporation into the SA.

THE PRESIDENT: Dr. Boehm, could you not tell us what the effect of all these documents is, rather than read them all through - 30 documents? You have told us now, about the Stahlhelm. Have you not any idea what you will come to?

DR. BOEHM: I submit these documents to show the High Tribunal that the Stahlhelm was not at all in agreement with the measures taken at the time when the organisation was transferred to the SA; that members of the Stahlhelm tried to leave the SA, that they met with difficulties in such attempts, and that the ideology of the Stahlhelm was, in a large measure, quite different from that of the S.A.

THE PRESIDENT: Yes, go on.

DR. BOEHM: I should like to refer now to a series of newspaper articles which are contained in Documents 32, 33, 35, 37, 39, 40, 41, 42, 44, 45, 46, 47, 48 and 49.

Document 34 is a report made by a Sturmbannfuehrer of the SA about a conspiracy of the Stahlhelm against the SA in 1933 in Pomerania. Document 36 is a poster containing a warning and threat by Gauleiter Loeper of Magdeburg-Anhalt against the National Socialist Veterans' Association.

Document 33 states - I quote quite briefly:

"The Stahlhelm in Brunswick has been dissolved. 1,350 men were arrested and interned."
From the second paragraph in the centre -

THE PRESIDENT: Dr. Boehm, you have given us a long list of newspaper articles. Now, what is the object of them? Is there anything which connects those together, makes them into a group?

DR. BOEHM: There is a certain connection between all of them, Mr. President, in so far as they are to prove that units of the Stahlhelm were dissolved in various places, that members of the Stahlhelm were arrested and that they encountered difficulties because most of them disagreed with their incorporation into the SA and with the political and intellectual attitude of the SA.

THE PRESIDENT: Yes, well, I understand then that they are illustrations of the difficulties which the Stahlhelm Organisation had with the SA, incidents.

DR. BOEHM: Yes, quite. I should like briefly -

THE PRESIDENT: The contention, I suppose, is that the Stahlhelm were not really volunteers, into the SA; is that it?

DR. BOEHM: Yes, Mr. President, they came into the SA on the strength of an order.

THE PRESIDENT: Very well. Then you can pass from that group, I think.

DR. BOEHM: Yes. Now I should like to turn to Document Book 5, which contains documents relating to the Reiter Corps (Mounted Corps). Documents 56 and 57 deal with the origin, the development, and the organisation of the NS Mounted Corps. Document 56 is an excerpt from the official pages of the Reiter Corps, Deutsches Kaltblut of the year 1933. I think it is important to mention here the statement of the president of the rural riding associations, namely that these associations were to be turned into a National Socialist Reiter Corps, so that all rural riding interests would remain embodied in a special organisation with its own administration, without being permanently incorporated into parts of the SA.

[Page 7]

Document 57 contains the diagram showing that the NS Reiter Corps was connected with the General SA only at the top level.

The next documents deal with the tasks, aims and activities of the NS Reiter Corps. Documents 59, 60 and 61 are extracts from the regulations of rural riding clubs before 1933; members of these clubs were not permitted to engage in political activity within the clubs, and this rule was retained after 1933.

Documents 62, 63, 65, 66 and 67 are official orders showing the activity of the NS Reiter Corps.

Document 69 is an official brochure on the requirements for obtaining the Reiter certificate. This document, too, has no military or political character at all. Document 70 lists the prerequisites for winning the German Reiter emblem, and again in this connection military and political considerations have no part. The emblem was a sport badge of honour, and it was the highest aim of all members of the NS Reiter Corps to win it. I submit this Reiter emblem - it is made of silver - to the High Tribunal as Document 71, and perhaps I might add that I think it is the only emblem which bears no National Socialist insignia.

The last four Documents 101, 102, 103 and 124 have been selected from a tremendous number of photographs typifying the activities of the Reiter Corps.

THE PRESIDENT: Dr. Boehm, will you please continue.

DR. BOEHM: I shall now turn to the affidavits, Mr. President, and deal with the first group of affidavits which I have submitted. I should like to refer to the General SA Affidavits 17, 74 and 81, which deal with coercion, legal coercion, regarding entry into the formations. Affidavit General SA I, deposed by Dr. Menge, also deals with the problem of compulsory incorporation into the SA, in this case, the incorporation of the Water Sport Clubs into the Marine SA.

Affidavit General SA 60 deals with the compulsory incorporation of sport clubs as separate units of the SA.

Affidavit 61 deals with the impossibility of leaving the SA.

That the SA did not assist the State Government in preparing for war is stated in General SA Affidavits 38, 39, and 40, which also show that preaching a war of revenge against France resulted in expulsion from the SA, because the SA Command had forbidden all discussion of the questions of South Tyrol and Alsace-Lorraine.

Affidavit SA 38, deposed by Dr. Busse, characterises the Chief of Staff Lutze as an opponent of warmongering. The affidavit SA I of Dr. Menge deals with the agreement between the Wehrmacht and the SA, that in the event of a conflict between the SS and the Wehrmacht, the SA would side with the Wehrmacht, and also shows that the Chief of Staff Lutze strongly opposed a war against Poland during a conference with Hitler and Goebbels in the autumn of 1939.

Affidavits General SA 5 and 6 deal with the preparations of the SA for the Party Rally in 1939.

Affidavit 76, deposed by General von Hoerauf, deals with the negotiations of Roehm in 1931 and 1932 and the agreements he reached with English and French political circles on the following points:

"(1) Within a brief period of time Roehm will put himself at the head of the NSDAP.

"(2) The Press of the NSDAP will come under British influence.

"(3) The establishment of a foreign political and military political bureau. In connection with these negotiations - "

THE PRESIDENT: Dr. Boehm, the Tribunal is finding this very difficult to follow. You have here, I suppose, about 200 affidavits, something like that. Now, would it not be the best way to put them into groups, and tell us the numbers of those which relate to some subject? Do they not relate to any particular subject or are there 200 subjects that they relate to? Have they no possibility of being grouped together?

[Page 8]

DR. BOEHM: Well, Mr. President, that will be hard to do, because within the individual affidavits there are always special points which have to be emphasised and which are not found in any other affidavits. However, I shall willingly shorten this procedure, and I did so when I grouped the summaries of the affidavits together; but as far as these individual affidavits are concerned, it is not really possible to find a common denominator.

THE PRESIDENT: It is a great deal more difficult for the Tribunal to follow.

DR. BOEHM: For instance, only one affidavit, namely 76, deposed by General Hoerauf, deals with the aims of Roehm. If all the affidavits -

THE PRESIDENT: Surely, Dr. Boehm, if you are going to inflict upon us the whole of these two hundred affidavits, you might at least do it in order.

DR. BOEHM: I turn then to No. 83, deposed by Adolf Freund -

THE PRESIDENT: I would think that if it is up to 83, we are not going to hear any more about it or are we going to jump back to 1, 2, 3 and 4?

DR. BOEHM: Mr. President, these affidavits have already been grouped according to certain subjects, and I cannot therefore present them in consecutive numerical order.

THE PRESIDENT: That is all I asked you ... I am afraid I must not be speaking clearly or else the translation is not coming through to you clearly. What I asked you to do was to give us the topics on which ... with which these affidavits deal, and then give us the numbers of the affidavits which deal with each topic. Now you are telling me that there are groups and that the affidavits are grouped with reference to topics. Well, will you kindly give us the topics and the numbers of the affidavits.

DR. BOEHM: Certainly, Mr. President. I told you, Mr. President, that I was able to group the summaries of the affidavits, but that it was very difficult to follow the same procedure completely with regard to the individual affidavits. That, at any rate, was my meaning.


DR. BOEHM: But I shall try to adhere to this grouping as far as possible.

I now turn to the group of affidavits which show that the SA was not a military formation. This topic is dealt with in Affidavits 25, 27, 28 and 30. That the schools set up by the chief of training did not have a military character is explain in Affidavits 32, 33 and 37. The sport emblem of the SA and its significance is dealt with in Affidavit 8. The question of whether and to what extent the "Feldherrnhalle" Division was subordinate to the Wehrmacht or the SA is clarified by General SA Affidavit 18, deposed by Major- General Guenther Bade, the commander of the 1st Panzer Division "Feldherrnhalle."

The next group of affidavits deals with the charge that the SA was a terrorist organisation. Affidavit 15, deposed by General Hoerauf, shows that it was Reich Minister Severing who approved the SA service regulations. Affidavits 19, 20, 21,22 -

THE PRESIDENT: Well, now, Dr. Boehm, I do not know whether you were in Court yesterday but I pointed out to the counsel who was dealing with the matter then that it is utterly useless to simply read over to us the summary which we have before us. Now, you have just referred us to Affidavit 15 and the summary before us is this: "Franz von Hoerauf. 24.6.46. Former Reich Minister Severing's lack of objection to the SA service regulations." That is to say practically the identical words which you have just repeated to us. Now, what is the good of that?

[Page 9]

DR. BOEHM: Mr. President, I do not know the summary you have before you, I have not read it, and I have not received a translation of it. So I do not know what is contained and what is not contained in your summary.

THE PRESIDENT: You mean you have not got this summary?

DR. BOEHM: I received a book and I repeatedly asked that I should also receive a translation of it, because since my assistants are fully occupied I myself cannot have it translated.

THE PRESIDENT: Well, if you were here yesterday, you must have heard me say over and over again to counsel who was presenting the documents, that we had before us a summary and that it was useless for him to repeat the summary to us. Now, what would be useful would be, as I have already pointed out, if you would group these affidavits and tell us what topics they relate to, and also tell us which of them have been translated; and if there are any to which you particularly desire to draw our attention, which have been translated, then draw our attention to the passages in those which you wish to draw our attention to.

DR. BOEHM: The last group which I compiled is to prove that the SA was a protective organisation against terror, and in this connection I mentioned Affidavits 19, 20, 21, 22, 23 and 24. The fact that excesses in Berlin were restricted to a small circle of persons is proved by Affidavit 84.

THE PRESIDENT: Has any one which you have just given us, which shows that the SA was not a terrorist organisation, been translated?

DR. BOEHM: The translations of my affidavits have not yet been returned to me, Mr. President, and I am not in a position to check which have been translated and which have not been translated.

THE PRESIDENT: But surely you must know which you have asked to be translated.

DR. BOEHM: Yes, Mr. President, but I do not know whether they have actually been translated, as I did not receive any copies.

THE PRESIDENT: You can tell us which ones you wanted to have translated, could you not, which were being translated?

DR. BOEHM: I applied to have 21 affidavits translated; they are 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 76, 79, 82 and 89.

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