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on Jewry, and I leave this decision to the Tribunal. In any case, he himself refers to the fact that he had no reasonably certain knowledge of these wholesale murders until 1944, a fact corroborated by the statements of the witnesses Adele Streicher and Hiemer. He considered the articles published in the Israelitisches... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 12,150 | 12,650 |
the fact that the defendant in his position as Gauleiter of Franconia also showed Many humane characteristics-that he had a large number of political prisoners released from concentration camps, which even caused criminal proceedings to be started against him. It should also be borne in mind that he treated the prisone... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 12,600 | 13,100 |
Socialist regime at any time and in any of the cases indicted here. Funk's authority of decision was always limited by the superior powers of others. The defendant's statement, made during his personal examination, that he was allowed to come up to the door, but was never permitted to enter, has been shown by the evide... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 13,050 | 13,550 |
had often complained to him about his unsatisfactory position as Reich Minister for Economics and about the anxiety caused him by conditions generally, Dr. Lammers replied: "I know that Funk was very much worried and that he wanted an opportunity to discuss his anxieties with the Fuehrer. He was extremely anxious for a... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 13,500 | 14,000 |
accusation. Generally speaking, the Prosecution refers to instructions and directives issued by Funk personally only in the case of the application instructions which he issued in November 1938 in connection with the Four Year Plan decrees for the elimination of Jews from economic life. I shall deal with this chapter s... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 13,950 | 14,450 |
sent gold there. He also repeatedly opposed the financial overburdening of the occupied territories especially in 1942 and 1944, and the raising of the occupation costs in France. He defended the currency of the occupied countries against reported attempts at devaluation. In the case of Denmark he even succeeded in rai... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 14,400 | 14,900 |
and natural balance of interest of the sovereign states. Even during the war he relentlessly pursued this goal, although the exigencies of war and the restraints imposed on development by the war naturally impeded these efforts at every turn. Funk has given a graphic description of the economic Europe which he envisage... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 14,850 | 15,350 |
any honors within the Party. The only incident with which the Defendant Funk was reproached in this connection was the fact that he accepted an endowment in 1940, on his fiftieth birthday. In itself, of course, that is not a punishable act; but the Tribunal evidently evaluated it as a moral charge against the defendant... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 15,300 | 15,800 |
the Tribunal, I have so far defined the position of the Defendant Funk in general statements; I am now going to deal with the criminal responsibility of the Defendant Funk on the separate charges made against him. The first point of the Indictment deals with the support of the seizure of power by the Party, that is, th... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 15,750 | 16,250 |
books, and especially from a book by Dr. Oestreich, Walter Funk-A Life for Economy, which was submitted to the Tribunal as Document Number 3505-PS, USA-653. The core of this evidence is a "Program for Economic Reconstruction" by the Defendant Funk, which is printed on Page 81 of this book and which the Prosecution call... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 16,200 | 16,700 |
may be deduced from the fact that after the assumption of power Funk's Party activities ceased completely. In other fields, such as food and agriculture, finance, and so forth, the Party incumbents who entered the civil service as ministers or state secretaries, et cetera, retained their Party office, which usually acq... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 16,650 | 17,150 |
that the Office of 229 12 July 46 Press Chief of the Reich Government existed only on paper. This was also expressly confirmed by the Defendant Fritzsche during his examination as a witness on 28 June. The guilt of the defendant is inferred mainly from the fact that he was a State Secretary in the Ministry of Propagand... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 17,100 | 17,600 |
the press against trespassing by Government offices and tried to secure for the press an individual look and an activity conscious of its responsibilities. This is expressed by the digest from the book written by Dr. Paul Oestreich: WaIter Funk- A Life for Economy, Document 3505-PS, Exhibit USA-653, Document Book Funk ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 17,550 | 18,050 |
such vague and unreliable statements of a witness nothing, of course, can be proven. As a proof of the feet that Funk had nothing to do with the actual propaganda activity and-as the Defendant Goering has asserted here as a witness-did not play any important part at all in comparison to Goebbels, I refer to the affidav... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 18,000 | 18,500 |
for the coming into force of a decree for the execution of a law concerning the Reichskulturkammer, of November 9th, 1933 (Document 3505-PS); hereof the Prosecution deduces a responsibility or, at any rate, a 231 12 July 46 co-responsibility of the Defendant Funk for the entire legislation for the control and co-ordina... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 18,450 | 18,950 |
to be particularly radical. Editor-in-chief Oeser explicitly states, as a witness, in his affidavit (Document Book Funk Number 1) that he has made his statements voluntarily to prove the "human attitude,' of the Defendant Funk, and gives the names of eight Jewish editors of the Frankfurter Zeitung, whom Funk had given ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 18,900 | 19,400 |
facilities for liquidating their businesses and for having procured them permission to take along abroad considerable parts of their fortunes. Evidence concerning this second part of the Indictment has accordingly shown that Funk is guilty in the sense of thus part of the Indictment neither in his official capacity nor... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 19,350 | 19,850 |
29 November 1937, wherein Blomberg proposes that the Defendant Funk, who had just then, on 27 November 1937, been appointed Reich Minister of Economics, should also be appointed Plenipotentiary for War Economy. This was not, however, done. Goering himself took over the Reich Ministry of Economics to begin with, and onl... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 19,800 | 20,300 |
Four Year Plan. He calls these conflicts "the struggle for power," which in this connection simply means the authority to make decisions concerning the other economic departments. This was not a dispute between Goering and Funk; that is untrue because obviously Funk as Plenipotentiary for the Economics was still subord... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 20,250 | 20,750 |
the Plenipotentiary for Economics consisted of general preparations in case of war and did not apply to any special war. However, when Funk's proposition for changing over from peacetime to wartime economy was worked out in co-operation with the other economic departments in August 1939, the danger of war with Poland w... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 20,700 | 21,200 |
political situation at the time, one could and must expect." Funk likewise says: "It was also my duty as Reich Minister of Economics to increase production." That is an exact quotation from the Defendant Funk's testimony. On this subject the witness Puhl, who was vice president of the Reichsbank, states in his interrog... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 21,150 | 21,650 |
with my brief-the Defendant Funk has explained in detail during his examination that up to the very end he did not believe that war would come, but that on the contrary he thought that the Polish conflict would be settled by diplomatic means. The accuracy of this statement is also confirmed by the witnesses Landfried, ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 21,600 | 22,100 |
monetary problem in the East might be regulated in the event of war against Russia and the occupation of those territories by German forces. Gentlemen, in my opinion it is quite natural that in view of an impending war, even a war of defense, the authorities responsible for money matters should discuss the question of ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 22,050 | 22,550 |
a clear indication that Funk knew nothing of Hitler's intentions with regard to foreign policy, and that he had no knowledge whatsoever of the fact that Hitler was planning wars of aggression. In the summer of 1939 Funk certainly devoted particular attention to the conversion of German economy from a peacetime to a war... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 22,500 | 23,000 |
It was due precisely to this international recognition of Hitler by every foreign country-a recognition which continued to be extended in part even during the second World War-that Funk and millions of other Germans never doubted the legality of the Government and that such doubts, if they ever entered their minds, wer... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 22,950 | 23,450 |
Funk it is of no importance whether or not he for his part ordered such preparations, but only whether or not he knew that Hitler was planning aggressive wars and intended to wage such aggressive wars in violation of existing treaties and in disregard of international law. But Funk, as he declared under oath, did not k... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 23,400 | 23,900 |
Sauckel and the witnesses Landfried and Hayler have confirmed this, and it is also shown by the remarks made by Funk himself at the meeting held in Lammers' office on 11 July 1944 (Document 3819-PS), which was frequently quoted in Court. Here, for instance, Funk expressed disapproval of ruthless raids to recruit foreig... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 23,850 | 24,350 |
Plan for the various branches of industry-that is, by Goering-by means of direct negotiation with the Plenipotentiary General for the Allocation of Labor. Speer clarified this in connection with Document Sauckel Number 12. He also clarified the fact that several branches of industry, such as overground and underground ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 24,300 | 24,800 |
Moreover such controlled purchases by authorities must be looked upon in a different light from the 243 12 July 46 Uncontrolled purchases of the various State, Party, and Armed Forces agencies, against which Funk fought time and again (Questionnaire Landfried, Document Book Number Funk-16). Summarily it must be said th... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 24,750 | 25,250 |
of his department as Minister for Economics. As an official it was his duty to issue the necessary executive instructions. This was certainly particularly difficult for Funk, in view of his tolerant attitude. At that time he had already been a civil 244 12 July 46 servant of the Reich Propaganda Ministry and the Minist... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 25,200 | 25,700 |
in a single night by the brutal fanaticism of a Dr. Goebbels. Funk himself, during his interrogation, gave us a vivid description of how, ever since he entered office as Minister of Economics in February 1938, he had been subjected to continuous pressure by Goebbels and Dr. Ley to eliminate the Jews from the 245 12 Jul... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 25,650 | 26,150 |
had any doubt that in this particular affair Goering also was to a certain degree only a puppet, because he had always known Goering to be a man who condemned extreme radicalism in this particular question of the Jews. Funk's views on this point were shared by wide circles of the German people, and the fateful Goering ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 26,100 | 26,600 |
literal quotation. Funk therefore wanted to save the Jews at least from being interned in ghettos. It must be admitted that at that time Funk did not entirely succeed in securing recognition for his point of view, so that the proposal that the Jews should be allowed to retain their securities, for instance, was turned ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 26,550 | 27,050 |
a soldier, cannot defend himself by reference to the official order given him by his superior if this order obviously implies an illegal act, and especially a crime; and if in the existing circumstances and in due consideration of all the accompanying facts, the subordinate realizes, or should realize, that the officia... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 27,000 | 27,500 |
official charged with the execution of this law to refuse to obey the law and to declare that in his personal opinion the law concerned is a crime against humanity, or has he even the right to do so? In such a case, Gentlemen, would any state today grant its civil servants permission to examine whether the law proclaim... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 27,450 | 27,950 |
days, although he had not incriminated himself-qualms which, during his interrogation by an American officer on 22 October 1945, led to his complete nervous collapse, so that Funk was unable to restrain his tears and told the interrogating officer: "Yes, I am guilty; I should have resigned at that time." These same qua... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 27,900 | 28,400 |
since this had been his duty as an official, rather did he consider himself guilty because he had remained a member of the Government although he found the acts of terror which had occurred intolerable, and abhorred them; he was not involved in the "conflict of conscience," of which he spoke when he was interrogated, b... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 28,350 | 28,850 |
altogether about 15 more pages. Does the Court wish to adjourn now? It is 6 minutes to 4. THE PRESIDENT: Can you finish it by that time, Dr. Sauter? DR. SAUTER: There are 15 more pages; I should say about 8 or 9 minutes. On further thought, Mr. President, it will take about half an hour. THE PRESIDENT: We will adjourn ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Seventh Day | 28,800 | 28,972 |
Avalon Home Document Collections Ancient 4000bce - 399 Medieval 400 - 1399 15 th Century 1400 - 1499 16 th Century 1500 - 1599 17 th Century 1600 - 1699 18 th Century 1700 - 1799 19 th Century 1800 - 1899 20 th Century 1900 - 1999 21 st Century 2000 - Nuremberg Trial Proceedings Volume 18 Previous Day Volume 18 Menu Ne... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 0 | 500 |
the gold deliveries by the SS to the Reichsbank, and with the relation of the Defendant Funk to the concentration camp question. That is to say, I am going to refer to Page 58 of the written speech which has been submitted to you. It is a peculiar tragedy in the life of the Defendant Funk that he was not only forced by... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 450 | 950 |
affidavit, as far as the character of the Defendant Funk and his knowledge of the particulars of the SS deposits were concerned. It is true that Funk, as he recalled after Puhl's testimony (and concerning this I submitted on 17 June 1946 a corrected copy of his sworn testimony), was once asked by ReichsFuehrer SS Himml... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 900 | 1,400 |
of gold spectacle 255 15 July 46 frames, gold teeth, and similar objects which had come into the hands of the SS not through legal but criminal confiscations. If-and I emphasize, Gentlemen, if-it could be proven that the Defendant Funk had seen such objects in the deposits of the SS, this would naturally have caused hi... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 1,350 | 1,850 |
does not take into consideration actual conditions in a large central issuing bank. Funk, who was also Reich Minister of Economics, had in his capacity as President of the Reichsbank no occasion whatever to bother about the deposit of an individual customer, even if this happened to belong to the SS. As President 256 1... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 1,800 | 2,300 |
and pointed out to the witness Puhl, the latter finally stated here under oath on 15 May 1946 that it was plainly visible from this affidavit that the desire for secrecy emanated from the SS. The SS considered it important that this business should be transacted secretly. The SS, as Puhl said, had been the ones origina... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 2,250 | 2,750 |
personnel was even entrusted by Vice President Puhl with the task of sorting the valuables delivered and converting them into cash at the pawn shop. Dozens of Reichsbank officials who regularly entered the vaults could see the various articles every day, and the Reichshauptkasse, an institution entirely separate from t... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 2,700 | 3,200 |
a view to converting into cash gold coins and foreign currency delivered in the regular way. Outside of this, Funk did not concern himself at all with this whole matter any more. He knew even less about the matter than Puhl, and it is not without significance that Puhl declared here under oath that he would never have ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 3,150 | 3,650 |
In reply to this, Puhl declared literally: "I am inclined to assume this, but I am not in a position to know it." Therefore, he was not able to give any definite evidence concerning Funk's knowledge, but only to express a conjecture. In contrast to this, Funk's own statement in regard to this matter is quite clear and ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 3,600 | 4,100 |
took part in a conference of Finance Ministers. Therefore, it appears beyond any doubt that what the witness Dr. Blaha stated here purely from hearsay is based on false information, or he has confused Funk with another visitor, which was very easily possible since the Defendant Funk was comparatively unknown to the pub... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 4,050 | 4,550 |
a man and as a German he felt deeply guilty and shamed for the crimes which Germans committed against millions of poor people. Gentlemen, I have now reached the end of my consideration of the Funk case as far as criminal law is concerned, And that is the duty of the Defense in this Trial. The examination of the evidenc... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 4,500 | 5,000 |
so. There is no objection to that. THE PRESIDENT: Perhaps I had better go on to the end of the documents and then call upon Dr. Horn for what he has got to say about those three, because as far as I can see, there are only these three documents and an affidavit for Seyss-Inquart from a man called Erwin Schotter, and an... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 4,950 | 5,450 |
just been referring to-"A" to "I"-are they already all in the document book? SIR DAVID MAXWELL-FYFE: Dr. Servatius tells me they are. My Lord, I have just been having a word with Dr. Servatius and he says that the one to which he attac0hes the greatest importance is "A," the decree by the Defendant Sauckel as to return... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 5,400 | 5,900 |
, SIR DAVID MAXWELL-FYFE: No other objections. THE PRESIDENT: Sir David, we have just had another document placed before us which contains an application on behalf of the Defendant Sauckel to call as a witness his son Friedrich Sauckel. The Prosecution has objected to that on the ground of irrelevance and cumulativenes... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 5,850 | 6,350 |
let the affidavit go in. THE PRESIDENT: Very well. Then there is an application from the Defendant Rosenberg for a document entitled "Tradition in Present Times." That has been objected to as cumulative. 266 15 July 46 SIR DAVID MAXWELL-FYFE: Yes, My Lord. THE PRESIDENT: Dr. Thoma, are you wanting to say anything in su... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 6,300 | 6,800 |
what about these two affidavits that you are asking for, one from Erwin Schotter and another from Adalbert Joppich? DR. GUSTAV STEINBAUER (Counsel for Defendant Seyss-Inquart): I have submitted the two documents for translation and since the Translation Division is very busy I have not received the translation yet. But... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 6,750 | 7,250 |
numbers to them and give them in with those numbers to the General Secretary so that the documents will be identified as exhibits on the record. SIR DAVID MAXWELL-FYFE: My Lord, I appreciate that. I gather that Dr. Steinbauer has just given that the Number 114. THE PRESIDENT: Yes, and the same applies to all the other ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 7,200 | 7,700 |
the powers of the Defendant Kaltenbrunner may have been, he was in any case Chief of the Reich Security Main Office. Until those May days of 1945, Schacht was a prisoner of the Reich Security Main Office in various concentration camps. It is surely a rare and grotesque picture to see jailer and prisoner sharing a bench... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 7,650 | 8,150 |
conceptions and views of people with a legal mind. As a scholarly topics "The Constitution under Adolf Hitler" is a locus a non lucendo. Mark my words, "The Constitution"-that is, the reduction of the Hitler State to a legal system, and not the attempt as made in the final plea by Jahrreiss' to explain the tyranny of a... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 8,100 | 8,600 |
question are of no interest to me as defense counsel for the Defendant Schacht, because no criminal charge whatsoever can be brought against Schacht personally, as an individual, and without connecting him with deeds of others-in other words merely on the basis of his own actions. Schacht himself desired only the permi... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 8,550 | 9,050 |
not hold this opposition in itself against him. However, it concludes from this that Schacht wanted to do away with the treaty by force. Schacht favored colonial activity, says the Prosecution. He did so indeed. They do not reproach him for this, either, but conclude from this fact that he wanted to conquer the colonie... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 9,000 | 9,500 |
to him than to anybody else that war can never solve anything, not even if it is won. In all of Schacht's utterances his pacifist attitude was expressed again and again; perhaps the shortest and most striking of them was that statement at the Berlin Congress of the International Chamber of Commerce, when Schacht in the... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 9,450 | 9,950 |
constitution. I venture to assert that all political thinking which is not directed by selfish motives must strive for democracy, if this is also understood to include the protection of justice, tolerance toward those of different convictions, freedom of thought, and the political development of humanity. These are the... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 9,900 | 10,400 |
and continue on Line 10 of the same page. How was this influence of Hitler possible, both in Germany and abroad? Of course, Faust also succumbed to Mephistopheles. In Germany, all the circumstances of the conditions prevailing at that time, which have been described here in the evidence given by Schacht and others, fav... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 10,350 | 10,850 |
Government post. The reasons Schacht gave for his decision at the time to accept the post of President of the Reichsbank and later of Reich Minister of Economics are, therefore, thoroughly credible in themselves and have no immoral or criminal implication. Schacht, indeed, has acknowledged his activity. He only lacked ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 10,800 | 11,300 |
conduct, as well as that of all those others who deliberately and in all purity of heart offered their services to Hitler-a passage from Goethe, which in a few words sums up and discloses the mystery. Here lies the key to the understanding of all those who flocked to follow Hitler. May I quote from "Poetry and Truth," ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 11,250 | 11,750 |
and peaceful manner. That being the case, not the slightest reproach could be made against him for not only serving Hitler after the seizure of power, but also for helping him to gain control. This latter charge is, therefore, completely immaterial as evidence of criminal behavior or of criminal intent. However, there ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 11,700 | 12,200 |
a few of them. I could multiply the quotations a hundredfold. In 1934 Lord Rothermere wrote an article in the Daily Mail, entitled: `'Adolf Hitler from Close By." I quote only a few sentences: "The most prominent figure in the world today is Adolf Hitler. . . Hitler stands in direct line with those great leaders of man... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 12,150 | 12,650 |
and completely objective people also held the same view. I shall lose an important point of my argument if I am not permitted to quote the two short passages, and I should like to ask that they be heard briefly; it is only the quotation from Sumner Welles and Henderson. THE PRESIDENT: I have not said anything about Sum... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 12,600 | 13,100 |
1934 is not inconsistent with this either. Only in retrospect does the full enormity of these events become clear. In June 1934 we were still in the midst of revolutionary turmoil, and history will be able to show similar occurrences in any revolution of this kind. I do not have to give detailed proof of this, nor do I... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 13,050 | 13,550 |
friends indeed bear a disproportionately greater responsibility than Hjalmar Schacht for Adolf Hitler's seizure of power because of their indecision and, finally, their lack of political ideas; but they do not have to answer for this to any judge except history. And this responsibility will be all the greater since the... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 13,500 | 14,000 |
to who from the view point of history is guilty of the seizure and consolidation of power by Nazism-especially if, in contrast to Schacht, he intuitively foresaw the later evolution of Hitler- instead of submitting himself with humility to the judgment of history, relying on his undoubtedly unimpeachable views and his ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 13,950 | 14,450 |
demand a steely hardness for the protection of principles, should not forget that steel has two qualities, not only solidity but also flexibility. My Lord, I have now finished one particular section; the next one would take longer. I certainly will not finish it until after 1 o'clock. I should be grateful if Your Lords... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 14,400 | 14,900 |
after the findings of this Trial, and finally after the testimony of Speer about Hitler's cynical remarks regarding the destruction of the German people, that Adolf Hitler was the greatest enemy of his people' in short, a criminal toward this people, and that to remove him any means were justified and any, literally an... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 14,850 | 15,350 |
for this law; in any case, it is not Schacht. All the basic anti-Jewish laws were also enacted before he entered into office as a minister. He was completely surprised by the subsequent Nuremberg Laws. The decree dealing with the exclusion of the Jews from German economic life dated 12 November 1938 and the ordinance c... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 15,300 | 15,800 |
the denial of any guilt as to the atrocities which were committed against the Jews during the war. Justice Jackson made some phases of the legislation in respect to the Jews during Schacht's term as Minister the subject of his cross-examination. I shall refrain from this part of the cross-examination; going into the qu... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 15,750 | 16,250 |
the course of argumentation all this, namely, Schacht's alleged anti-Semitism, et cetera, is used as indirect proof, that is, as circumstantial evidence that Schacht had prepared and desired this war of aggression. The Prosecution of course does not count all that as a criminal fact in itself, but as indirect proof, as... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 16,200 | 16,700 |
for an attempt on his life. The Prosecution considers the violation of the Versailles Treaty, the Locarno Pact, and other treaties as indirect proof, that is, as circumstantial evidence, of his criminal intention to wage a war of aggression. This involves first the question of whether any treaty violations took place a... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 16,650 | 17,150 |
relations continue to exist and honors are even conferred upon the offending nation, and if agreements are concluded which alter the basic stipulations of such a treaty, as for instance the Naval Pact with Great Britain, the view is fully justified that because of all this such a treaty is gradually reaching a state of... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 17,100 | 17,600 |
fact that the visit of Sir John Simon and Mr. Anthony Eden to Berlin took place 8 days after this so-called treaty violation, namely, on 24 March 1935. It would not have taken place if this measure of Hitler's had been considered abroad as militarily aggressive. I will just mention in passing the history of the treatme... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 17,550 | 18,050 |
Reich Minister for Economics? If foreign countries had gathered from this action the conviction that Hitler was preparing a war of aggression, they would not have abstained from threatening to use force. Was the German Minister Schacht to hold a different and stricter opinion? He did, in fact, have a different opinion ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 18,000 | 18,500 |
unsuccessful cannot, according to the evidence submitted, be considered his fault. The responsibility for the failure of this German resistance movement does not lie with the latter but elsewhere, within and without the German frontiers. I shall return to this later. There remains, therefore, the fact of rearmament as ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 18,450 | 18,950 |
more effectively than many socalled antimilitaristic and pacifist doctrines. This sound point of view has really nothing to do with militarism. Whoever today recognizes this viewpoint as justified for great and small nations cannot contest the honesty of this view on the part of Schacht in the years 1935 to 1938. I hav... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 18,900 | 19,400 |
the same opinion when in 295 15 July 46 his memorandum of August 1936, which has been submitted to the Court, and which was handed to Speer in 1944, he pointed out, along with many derogatory remarks about Schacht's conduct of economic affairs, that 4 precious years had gone by, that we had had time enough in these 4 y... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 19,350 | 19,850 |
the mefo bills to 5 years; he stopped the credit assistance of the Reichsbank on 1 April 1939 296 15 July 46 in order to limit armament. It was impossible for Schacht to foresee that Hitler would simply break a strict credit obligation and not redeem the bills. These facts in themselves show that his attempts to resign... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 19,800 | 20,300 |
the Hamburg-America Line, Albert Ballin, and the great German industrialist, Rathenau. This is the same Rathenau who made the wonderful speech on peace during the Genoa Conference, which 297 15 July 46 was received with wild applause by the delegates of those very powers which had opposed his country but 4 years previo... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 20,250 | 20,750 |
officer regarding his experiences in the Russo-Japanese war I found the following humorous observation: "If I, as a member of the General Staff, wished an incident to become known, I had it classified as 'secret' and my wish 298 15 July 46 was fulfilled. If I wished to keep something secret, which was almost an impossi... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 20,700 | 21,200 |
my intention to do so. Each part on the stage of life has its Odin rules of tact, including the part played by the defendant and his defense counsel. Their task is to establish a defense, and not to bring charges and make an attack. In connection therewith I expressly wish to guard against a possible misunderstanding t... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 21,150 | 21,650 |
of the other defendants should be considered a member or supporter of the regime. That question is subject only to the judgment of the Tribunal and the evaluation of the defense counsel for each case. At the very beginning of my argument I indicated that, even for a person who lived in Germany during the Hitler regime,... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 21,600 | 22,100 |
case of such a regime, of a responsible Reich Government and of free citizens who, through some organizations or others, could exert influence on the formation of the political will, would be to proceed from entirely wrong hypotheses. Intangible elements devoid of all sense of responsibility usually gain influence on t... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 22,050 | 22,550 |
of all have access to the head of State; and he must have the right to report to him in person. He must be in a position to reject interference and influences coming from irresponsible sources. None of the characteristics applicable to a minister apply to the so-called ministers of Adolf Hitler. The Four Year Plan came... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 22,500 | 23,000 |
is a body of persons capable of evolving a common plan. Such a thing was not possible for Adolf Hitler's ministers; it was not possible at all under Hitler. From this it follows that no conspirator could participate in Hitler's crime of having forced upon his own people and the world a war of aggression, except those w... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 22,950 | 23,450 |
had helped prepare the war of aggression before he withdrew from this plan for aggression and its group of conspirators and went over unreservedly to the opposition group, that is, to the conspiracy against Hitler. This desertion would then be the positive act which I have mentioned whereby a person at first participat... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 23,400 | 23,900 |
one wished to serve peace. For this reason these repeated Putsch attempts on the part of Schacht do not have any legal significance of a so-called active repentance for previous criminal behavior but constitute em post proof that he cannot be accused even before 1938 of deliberately working for war, because it would be... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 23,850 | 24,350 |
even during the Putsch period. This accusation is on the same level. I believe that this argument cannot stand up either before the experiences of life nor before what we can observe of history. History teaches us that conspirators, especially if they belong to the closer circle of dignitaries of the threatened head of... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 24,300 | 24,800 |
pictures of a much more grotesque sort which do not seem nearly as natural as Schacht being photographed together with men who, after all, were his fellow dignitaries in the Third Reich. To produce such pictures, however, might not be very tactful on the part of the Defense; yet should it be necessary to investigate th... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 24,750 | 25,250 |
reference to him as an officer with assimilated rank, that is, an officer without command authority, a sham officer. Schacht could not give up the position unless there was a row, and the same held true of his position as Reichsbank President. Schacht, therefore, had to maneuver in such a way that he would be thrown ou... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 25,200 | 25,700 |
quite unequivocally that Schacht wished to limit and sabotage rearmament from the moment when he recognized that it was becoming a potential war danger. The sworn affidavit of Hulse and the sworn affidavits of all-the collaborators of Schacht in the Reich Ministry of Economics tally with the testimony of Vocke in this ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 25,650 | 26,150 |
should have done the shooting, then all I can say is that things were not as easy as all that. Schacht would have loved to do the shooting himself; he proclaimed that here emphatically. But it was not possible for him to do so without possessing the power to master the attendant confusion, thereby making the attempt a ... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 26,100 | 26,600 |
this struggle against Adolf Hitler and his Government with a courage and determination which must make it appear a pure miracle that not until after 20 July 1944 did fate overtake him, when he was sent to a concentration camp and was in danger of losing his life either through the Peoples' Court or through a spectacula... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 26,550 | 27,050 |
But this fact was always held against the vanquished parties and never against the victors. The law which was applied here was necessarily always the law of the stronger. While more or less stable rules have been governing land warfare for centuries, in naval warfare the conceptions of the belligerents with regard to i... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 27,000 | 27,500 |
I do not know to whom and for what purpose these reports were made. According to their form and content they appear to serve propaganda purposes, and for that reason alone I consider them to have little value as evidence. Even the Prosecution submitted only part of the accusations made therein. The reports trace only o... | Yale Avalon (proceedings_vol18): One Hundred and Seventy-Eighth Day | 27,450 | 27,950 |
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