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or of a Free Corps. Document 229 shows that members of the SA could not have known of the criminal aims of the SA, as the Prosecution calls them, because already on 21 March 1925 the Rhineland Commission lifted the ban on the German Freedom Party and the National Socialist Party. How well Hitler knew how to lull the pe... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 900 | 1,400 |
judgment passed by the State Tribunal on 14 January 1925 against Link and his associates, shows that in this period of latent civil war the call to fight the Fascists, that is the NSDA-P and the Reichswehr, was made again and again. The fact that the SA was established for this reason, namely, as a protection against t... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 1,350 | 1,850 |
commend to all our members a practical military training as their duty." And then: "It must particularly be the task of youth to work with courage for a union between our vigorous national movement and the eternal Christian values." Document SA-320 mentions the assurance given in the 115th Session of the Bavarian Diet ... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 1,800 | 2,300 |
the NSDAP, signed by Rudolf Hess and dated I May 1933, as taken from the newspaper Frankischer Kurier. This document shows that the Stahlhelm, despite its subordination to Hitler, was to remain a unit complete in itself. Document 3 is an excerpt from a report made by the leader of the Stahlhelm. on 28 April 1933. The f... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 2,250 | 2,750 |
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 25 January 1934. Then Document 17 and Document 18. In the latter t... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 2,700 | 3,200 |
BOHM: 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 co... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 3,150 | 3,650 |
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 Korps. Document 69 is an official brochure on t... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 3,600 | 4,100 |
with the preparations of the SA for the Party Rally in 1939. Affidavit Number 76, deposed by General Von H6rauf, deals with the negotiations of R6hm 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 R6hm will put himself a... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 4,050 | 4,550 |
grouped with reference to topics. Well, will you kindly give us the topics and the numbers of the affidavits? HERR BOHM: 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 th... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 4,500 | 5,000 |
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... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 4,950 | 5,450 |
shows that after 9 November 1938, Lutze prohibited the use of the SA for purposes of the Political Leaders, insofar as he ordered that in the future the higher authorities had to approve the use of the SA at any time. Affidavits 71 and 72 deal with the attitude of Chief of Staff Lutze himself. Affidavit Number 70 shows... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 5,400 | 5,900 |
this connection, the following have been translated: Numbers 1, 2, 3, 4, and 9. The forced incorporation of the Stah1helm into the SA Reserve is the subject of Affidavits Numbers 1, 2, 3, 5, 19, 30, 33, 38, 7, 9, 10, 12, 16, 39, 40, 41, 42, and 43. The compulsory amalgamation of the SA Reserve with the SA is shown in A... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 5,850 | 6,350 |
active SA formations, may be seen from Affidavits 1, 7, 12, 19, 33, 40, 41, 42, 6, 12, and 30. Affidavits 5 and 42 show that the ranks of the Stahlhelm members in the SA were given out automatically and were in many cases only titles without corresponding duties. I don't think, Mr. President, it will be possible for me... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 6,300 | 6,800 |
a brief list of affidavits dealing with the Reiter Korps in the various zones and areas of Germany. First the British Zone: Affidavits NSRK 37, 38, 39, 40, 78 refer to the Rhineland; 41, 42, 79 to Westphalia; 43, 44, 45 to Hanover; 46 to Oldenburg; 47 to East Frisia; 48 t8 Bremen, Hamburg, and Holstein. In the American... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 6,750 | 7,250 |
well, then, Dr. B61im, you can offer those in evidence. SA-91 and 92, did you say? HERR BOHM: Yes, Mr. President; and then I should like to make a second application with regard to the admission of an affidavit by Arnolf Rechberg. I wanted to submit that affidavit to disprove the allegation of the Prosecution that the ... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 7,200 | 7,700 |
24,000. My Lord, in Paragraph 4, there is some reference to correspondence which took place between Herr Rechberg and Sir Wyndham Charles and Sir William Turral, as he then was. But again I have seen the letters. They are clearly cases of somebody pestering these people with letters and getting a reply. THE PRESIDENT: ... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 7,650 | 8,150 |
strife in Germany. They therefore have nothing at all to do with the present case. The last document to which we object is Document 82, of which we have only just heard for the first time. It mentions some person whose name I have forgotten for the moment. Counsel said that he is a former Communist who comes to the con... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 8,100 | 8,600 |
be taken into consideration. I would like to request, therefore, that all the material which I have submitted be taken into consideration. If I had dealt with all the documents, my evidence would have taken about 6 hours, and since that was impossible, I should like to be sure that all my documents will be considered i... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 8,550 | 9,050 |
Griffith-Jones. Documents 285, 286, and 287 are extracts from findings of the State Tribunal for the Protection of the Republic, and of the Supreme Reich Court. Their contents are known to the Tribunal; they are in evidence. We are not dealing here with the attitude taken by any particular side with regard to the activ... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 9,000 | 9,500 |
of 7 February 1934, SA Service (SS Service) is compulsory for all German students. In accordance with the decree of the Supreme SA Leadership, F 6914, of 27 March 1934, the ban on taking on newly matriculated students is raised in the period from 25 April to 5 May. All newly matriculated students are therefore bound to... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 9,450 | 9,950 |
haven't we already admitted them? Sir David said that he didn't object to their admission. LT. COL: GRIFFITH-JONES: I was only going to draw the Tribunal's attention to the one passage, if I might. I think, taking D-946, the second paragraph is the paragraph from which Dr. B6hm probably hopes to receive some assistance... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 9,900 | 10,400 |
admitted, all the results of the inquiry be submitted. We can then obtain a true picture, which might be more useful to me than the testimony of the members of my organization, because the people who have deposed those important affidavits are opponents of National Socialism, and because I must assume that favorable ar... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 10,350 | 10,850 |
which have so far been submitted, and I shall now have no opportunity to investigate ho-%v they may be refuted in detail. I should like to be in a position to do so, but that, of course, is no longer possible at this stage. Moreover, I did not even know whether these affidavits would be introduced or not, and I have no... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 10,800 | 11,300 |
in order to prevent the type of proceedings which are developing now, that during the hearing of the witness Aittner I... THE PRESIDENT: Dr. Bohm, the type of proceedings which are now going on are the type of proceedings which the Tribunal has just ordered. The Tribunal wishes to ~ee the documents in order to decide u... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 11,250 | 11,750 |
members of that organization. He says, some 12 lines down that next page: "Before I was ill-treated, I pointed out that I was a war cripple, to which Sturmfuehrer Meyer replied that in that case the arm would be spared." And he was then beaten with hippopotamus-hide whips until he was unconscious; when he was knocked o... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 11,700 | 12,200 |
perpetrated that assault is already before the Tribunal. It was D-936, GB-616, and the Tribunal will remember that, because the decision stated that the deeds and intentions of the SA men were only aimed at the well-being of the National Socialist movement. Political reason and the purity of the intentions was thus bey... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 12,150 | 12,650 |
Lord, he was an SS man who joined the SS in 1933; he never took any part in their activities and was dismissed from the SS in 1937 because he had a Jewish partner and a Jewish brother-in-law. He was ... THE PRESIDENT: I can get all this from the affidavit, I suppose. LT. COL. GRIFFITH-JONES: My Lord, that affidavit doe... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 12,600 | 13,100 |
arose with regard to Dr. H6gner's affidavit during the evidence of Juttner. All the affidavits were mentioned at an earlier date which I'll discover for Your Lordship during the adjournment. THE PRESIDENT: Very well, then the Tribunal will adjourn now and will sit again at 2:30. [A recess was taken until 1430 hours.] 4... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 13,050 | 13,550 |
the SA University Department in Cologne. THE PRESIDENT: The Tribunal will consider the true interpretation. We quite understand that on the one hand you are contending that the service in the SA was compulsory and the Prosecution are contending the opposite, and they are putting in 443 22 Aug. 46 this other document wh... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 13,500 | 14,000 |
that the defense has changed counsel in the meantime. THE PRESIDENT: Yes, we quite understand that it was not asked for by you. We accept that. 444 22 AU9. 46 HERR PELCKMANN: Still, I should Eke to clarify matters by stating that the assertion made by Herr Ehrhardt does not refer to the 136,000 affidavits, but rather t... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 13,950 | 14,450 |
certain confusion in terminology. As far as I was informed, 445 22 Aug. 46 Dr. Seidl, counsel for the Defendant Frank, became familiar with this document and has not objected to excluding this part from the minutes inasmuch as it was caused by the defects of translation. All these documents have, therefore, been submit... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 14,400 | 14,900 |
January 1946, and now you wish to offer this document in evidence at the end of August 1946, at the very end of this Trial. COL. SMIRNOV: Mr. President, this document was given to the Soviet Delegation only recently, quite recently. Obviously some time was needed for the translation of this document into four languages... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 14,850 | 15,350 |
447 22 Aug 46 DR. NELTE: Yes. THE PRESIDENT: Well, Dr. Nelte, we think that you might offer these affidavits now unless they are objected to by the Prosecution. SIR DAVID MAXWELL-FYFE: There is no objection as far as I know. There is certainly none from Mr. Dodd and myself. I haven't heard from any of my colleagues, bu... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 15,300 | 15,800 |
of a newspaper, the Rhein-Neckar-Zeitung of 6 July 1946, together with a supplementary document, for the purpose of proving that the witness Lauterbacher, who was heard before the Court in the case of Schirach, has in the meantime been acquitted by a British Superior Court in the well-known matter where a certain Kreme... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 15,750 | 16,250 |
prove that he wasn't anyway. I don't suppose we should object to it. THE PRESIDENT: He just wants to show that Lauterbacher was freed by some ... MR. DODD: He was freed of the charge I raised against him here. Dr. Sauter is not content with that; he wants to prove it over again. He wants to prove that he wasn't a hangm... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 16,200 | 16,700 |
in order to commit the above-mentioned war crimes. It must be made clear at the outset that deeds which do not result from these motives, or which as individual actions do not belong to the Common Plan of the Conspiracy, are not included in this accusation. The major crimes, such as the extermination of the Jews and th... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 16,650 | 17,150 |
within the Party. Actually, this group of persons consisted only of functionaries such as exist within every party as executive and administrative agents., But there is no doubt that there are a great number of people who, because of their titles, must be defined as Political Leaders. It is not a group which banded tog... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 17,100 | 17,600 |
Staffs for the year 1939 is thereby increased to about one million. As can be estimated from Party statistics, the figure is increased one and a half times because of the heavy turnover of personnel over 12 years, that is, to about two and a half million. In this connection, the fact is taken into account that in the b... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 17,550 | 18,050 |
of the Hague Rules on Land 453 22 Aug. 46 Warfare, must be examined officially. If you consider the proceedings admissible, then we shall have to examine whether the group's complicity in guilt can be considered proved. How such proof is to be furnished neither the Hague Rules of Land Warfare nor the Charter indicates.... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 18,000 | 18,500 |
only because of participation in the criminal activity. The informed press and the radio have also expressed themselves in the same vein. 4154 22 Aug. 46 The question arises as to how the criminal character of the group is to be established, which is decisive for its conviction. The attitude of the Tribunal can be lear... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 18,450 | 18,950 |
the property of someone else, must include an attack on such property. But the slogans "Lebensraum" (Living Space) and "Los von Versailles" (Away with Versailles) just as little as the slogan "Workers of the world unite" is bound to result in aggressive war. A door always remains open to negotiation 455 22 Aug. 46 thro... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 18,900 | 19,400 |
the whole world. However, the cornerstone of the conviction of all the Political Leaders that no war was being planned was the fact, emphasized again and again, that Hitler himself had served as a frontline soldier in the first World War; one could not, therefore, expect him to bring on the miseries of a new war. I 456... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 19,350 | 19,850 |
from the huge reservoir of social success which he had gained by eliminating unemployment, which had brought human beings to the edge of despair. To this were added his successes in foreign policy, which had been recognized abroad. Everything was supported by the traditional authority of the State and by emphasizing th... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 19,800 | 20,300 |
of Socialism as well as for a war of aggression. Thus, the direction of the economy can serve good as well as evil. The British Prosecutor has shown us another point of view. He has stated that intervention is possible in order to protect citizens against their own government; from this he concludes that 458 22 Aug. 46... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 20,250 | 20,750 |
to the Political Leaders specify the exact opposite. See Decree Number 127 of 5 October 1936 in the orders of the Fuehrer's Deputy (Document Number PL-34). 459 22 Aug. 46 The witnesses examined in connection with this question have testified that these instructions were followed and that the card indexes known to them ... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 20,700 | 21,200 |
and had gained the impression on that occasion that the rumors about 460. 22 Aug. 46 concentration camps which were circulated abroad at that time were without foundation. The witness Sieckmeier states in Affidavit PL-57 that in the spring of 1939 he visited the concentration camp at Buchenwald with 150 American guests... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 21,150 | 21,650 |
published in the press, which encouraged this idea from the viewpoint of eugenics (Zuchtwahl), and which referred to the custom in ancient Greece of exposing and abandoning the unfit. Any connection with warlike intentions, however, is difficult to establish, even though the member of a Gau staff defines mercy killing ... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 21,600 | 22,100 |
only later that reasons of Christian morality impelled the Church in an ever increasing degree to fight against National Socialism. In general, the Churches were indifferent to the foreign policy of nations, in accordance with the principle, "Give unto Caesar that which is Caesar's". Conflict with the Church was contra... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 22,050 | 22,550 |
no less than nine documents are statements of opinion by Bormann. Seven documents concern the SS, as well as the SD and the Gestapo. Four documents deal with three local occurrences, and one document consists of the personal opinion of Gauleiter Florian. There follows a quotation from the Myth, and a document with dire... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 22,500 | 23,000 |
instructed to carry this out, as the Prosecution erroneously assumes; another letter is merely sent to him for his information, in which a restriction of the faculties was welcomed. The continuation of his efforts to win Rosenberg over to his views is shown by a letter of Bormann of 17 May 1939 to Rosenberg. Here Borma... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 22,950 | 23,450 |
stated that Hitler expressly characterized the book as a private work of Rosenberg, which did not please him. That is Affidavit PL-62c. The persecution of the Jews was the most obvious event. It can be explained quite apart from any war of aggression. The events are well known: economic repression of the Jews, defamati... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 23,400 | 23,900 |
decision for extermination was made is unknown. An affidavit signed by the witness Albert, PL-54h, says that even in 1942 Himmler pretended in a memorandum that he was striving for a legal and humane solution of the Jewish problem at a cost of 25,000 to 30,000 million marks. The obvious reason for all these measures wa... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 23,850 | 24,350 |
and Document USSR-191 shows that these were measures taken by the SD in the border regions of Styria. All documents lack the basis for any general knowledge of these orders, the carrying out of which remained unknown to the Political Leaders. Much space is occupied by charges against the Political Leaders concerning th... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 24,300 | 24,800 |
One of those decrees is addressed, among others, to the Gauleiter for their information. It contains no references whatsoever to any criminal measures. The Prosecution concludes from Document Number 327-PS that the Gauleiter took part in the liquidation of "enormous fortunes" in the East. A closer examination shows tha... | Yale Avalon (proceedings_vol21): Two Hundred and Ninth Day | 24,750 | 25,002 |
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 21 Two Hundred and Ninth Day Volu... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 0 | 500 |
made by the Gauleiter. The preface of the document, however, shows that it applies only to the confiscations within German territory of property belonging to "ideological opponents." It is connected with Document 072-PS which merely contains a proposition in connection with the Church question. This proposition does no... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 450 | 950 |
the subsequent regulations applying to all foreign workers. It has been firmly established on the basis of the evidence, however, that this directive in practice was not carried through with the approval of the Political Leaders. Here reference is made to the testimony of a number of Political Leaders from the Gau Bade... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 900 | 1,400 |
a question of guarding. Mr. President, should I have commented on the guarding of foreign laborers? THE PRESIDENT: The words I used were whether you contended that they had not assisted in placing and controlling the laborers who were brought to Germany under the forced labor program. DR.SERVATIUS: Then I understood yo... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 1,350 | 1,850 |
during the year 1940, in view of the then prevailing air situation, one could only theoretically count on such things happening; it was a preventive measure which, according to the document itself, followed the French directives. The passage in the document asking for special secrecy can perhaps be explained by the fac... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 1,800 | 2,300 |
control over their Gaue unless they were appointed Reich Commissioners and Reichsstatthalter? DR. SERVATIUS: The offices were separated, and instructions only reached the Kreisleiter if they were Party instructions, so that in the prescribed official channels in any case, no ... THE PRESIDENT: That is not the answer to... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 2,250 | 2,750 |
it is worthy of note for the Political Leaders that this witness hesitated such a long time before acting according to the desires of Bormann and Hitler. During his testimony before the Commission the witness declared that he had withdrawn his draft, and that the announcement was made without his knowledge. In fact, in... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 2,700 | 3,200 |
This becomes apparent from the fact that the foreign states concerned, for instance England, never prohibited the Auslands-Organisation in spite of such instances; on the contrary, the legal character of the Auslands-Organisation was repeatedly and expressly recognized by foreign states. Finally, that the Auslands-Orga... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 3,150 | 3,650 |
be produced by making a witness draw conclusions which he is unable to draw correctly due to lack of insight and knowledge. Only a few witnesses were heard before the Commission and the Tribunal. The testimony of individual witnesses is no criterion to establish the criminal character of an organization. The witness ca... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 3,600 | 4,100 |
here. First of all, a difference with regard to time. The conspiracy which connects individual actions, according to the statement of the Prosecutor of the Soviet Union, cannot be proved with certainty before the year 1935. According to Appendix A of the Indictment of the Organization, the Reich Government is held resp... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 4,050 | 4,550 |
is due to the fact that in the organization manual they have. been described as "Hoheitstrager." The significance of the organization manual is misunderstood by the Prosecution. The book was a theoretical work which was described as such by the personal adviser of the Reich Organization Leader, Ley. The designation "Ho... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 4,500 | 5,000 |
to say in the third paragraph: "In the same manner a decree of the Party Chancellery, dated 8 October 1937, does not include the Zellen- and Blockleiter among the Hoheitstrager (Document PL-2). There only four spheres of official jurisdiction are mentioned, and they end with !he Ortsgruppe." Well, that is equivalent to... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 4,950 | 5,450 |
Hoheitstrager (that is, the Gau-, Kreis-, and Ortsgruppenleiter) and for the support of their leadership work." In order to inform the junior leaders of the formations and affiliated organizations, the Hoheitstrager are, each in his own sphere, (Gau, Kreis, and Ortsgruppe) to acquaint the corresponding leaders of forma... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 5,400 | 5,900 |
Germany, but it is equally well known that this did not represent the typical attitude of the majority of Blockleiter. From the point of view of time, too, this group requires special examination. Until I December 1933, every Party member was under an obligation to the Party alone to comply with a request to take over ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 5,850 | 6,350 |
probably accepted it in most cases without enthusiasm, particularly since he, as shown by the evidence, was taking upon himself a distasteful burden without reaping advantages in the process. Without doubt, however, almost without exception all who became Party officials after the beginning of the war accepted a Party ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 6,300 | 6,800 |
to starvation for his entire family. If, on the other hand, he wanted to escape this risk by first of al.1 leaving the Party, he would likewise suffer the loss of his livelihood (see Document Number PL-71). Civil servants therefore found themselves in a particularly difficult situation. In view of these circumstances, ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 6,750 | 7,250 |
of these offices, it must be pointed out that they generally had no staff of their own and very often no office space. Sometimes they were not even in the same building as the staff, but some distance away. There was little practical co-operation with the Gauleitung and Kreisleitung. A number of affidavits corroborate ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 7,200 | 7,700 |
no part in the crimes against peace or in the war crimes. They did not come under the Gauleiter, but received instructions directly from their respective technical representatives who were their superiors. Their activities appear rather intense in the field ... THE PRESIDENT: Dr. Servatius, you have not answered my que... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 7,650 | 8,150 |
powers towards one's own problems. The 70,000 Ortsgruppenleiter were members of the lower middle class who had not previously been active in politics and who lacked experience in this dangerous sphere. Most of the Ortsgruppen were in the country, where agricultural work and life went on as usual. The testimony given by... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 8,100 | 8,600 |
principles become involved and daily routine no longer matters. When one came up against Himmler's barriers, was one to be expected to proceed, regardless of what would happen? An answer to this question has already been attempted several times. Must one really demand action, immediately and without compromise? Is it r... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 8,550 | 9,050 |
Article 9 of the Charter is no purely formal prerequisite for the Trial. It is a material limitation of the extent of the criminal group. The group must not be formed arbitrarily and without limitation by the Prosecution; there must be some connection between it and the act of one of the principal defendants. This is o... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 9,000 | 9,500 |
since the verdict is at the 490 23 Aug. 46 discretion of the Tribunal, the matter of fairness can be considered here. Retroactiveness: in an individual trial can be justified by the fact that the perpetrator was warned and had to realize the fact. It is different with the bulk of little Political Leaders, who are made ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 9,450 | 9,950 |
of considerable significance for the procedure. The Charter has guaranteed the opportunity of a hearing. Every provision of form has its deeper sense and its basic significance. Here legal hearing is held up as a democratic principle 491 23 Aug. 46 in contrast to rejected police methods. This principle was put forth jo... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 9,900 | 10,400 |
which are the subject matter of this Trial. All who appeared, here disassociated themselves from these crimes. 492 23 AU9. 46 No one has declared that the extermination of the Jews had been necessary, or that a war of aggression was a goal worth striving for, or that the persecution of the Church and the concentration ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 10,350 | 10,850 |
whether a new basic 493 23 Aug. 46 principle is to be introduced into the legal structure of this world. The trial of the Gestapo is given its significance by the conception the Prosecution that the Gestapo had been the most important instrument of power of the Hitler regime. As I defend the Gestapo, it is with the kno... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 10,800 | 11,300 |
494 23 Aug. 46 "Demonocracy is a power which, though it does not oppose the moral world order, nullifies it." According to this verdict the crucial point is that two powers determine the history of this world, "the conflict of which," as Mr. Justice Jackson said hi agreement with Goethe, "forms much of the history of h... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 11,250 | 11,750 |
46 empowered to conduct the fight against its opponent with exceptional rules which differ, themselves, from the basic principles of the moral order? For the sake of the purity of its character and of its victory, the moral world order must only light with the weapon of its own categorical imperative, without any compr... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 11,700 | 12,200 |
to see that "this remarkable but terrible saying" does not prove true because of the judgment, 496 23 Aug. 46 "No one can do anything against the moral. order of the world except that moral order itself." From this, the following conclusion arises for my final plea: The question put by the Charter to the Prosecution, t... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 12,150 | 12,650 |
that it was a mistake to assert that one could treat a person as guilty and responsible merely because he had belonged to a certain organization, without taking the trouble to investigate in each case 497 23 Aug. 46 whether the person in question had made himself personally guilty through his actions or his failure to ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 12,600 | 13,100 |
in Article 10: "No one can be condemned or punished save on the strength of a law passed and published before the deed." 498 23 Aug. 46 According to this general international legal concept, the American Military Government in Germany ordered through Law Number 1, in Article 4: "A charge can only be pressed, sentence p... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 13,050 | 13,550 |
interference of a state in the internal legal affairs of a foreign country. And so from this view point as well there are objections to the charge against the Gestapo which I consider my duty as counsel to point out. Finally, there is a further question to be examined: If the Gestapo is to be declared criminal one of t... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 13,500 | 14,000 |
from the fact that the whole police system, whether Criminal Police, Wehrmacht Police, Political Police, or SD, without distinction of the, branches, were considered Gestapo. When Heydrich said at the German Police Rally in 1941: "Secret State Police, Criminal Police and Security Service are enveloped in the 23 Aug. 46... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 13,950 | 14,450 |
area swindlers and other shady characters appeared who, passed themselves off as Gestapo officials. Himmler himself demanded that such false Gestapo officials should be placed in concentration camps (see Exhibit Gestapo Number 34 and Gestapo Affidavit Number 68). As indicated, the Chief of the Security Police, Heydrich... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 14,400 | 14,900 |
of them. I draw the special attention of the Court to Pages 20 to 24. They deal with the fundamental difference between administrative and executive civil servants, the technical personnel, the employees, the emergency draftees, and the groups of persons who were taken over as units into the Gestapo-the Secret Field Po... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 14,850 | 15,350 |
chief of a State agency or as chief of a Party office. The RSHA in its most extensive development included the following offices: Amt I Personnel (State agency) Amt II Administration (State agency) Amt III SD Domestic (Party organization) Amt IV Secret State Police (Gestapo; State agency) Amt V Reich Criminal Police Of... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 15,300 | 15,800 |
inspectors of the Security Police, had assumed a character which differed in its nature from the branches of the Gestapo and the Kripo from which part of the personnel was taken. In the employment of the Security Police and the SD in the occupied territories, a distinction must be made between a) the employment of the ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 15,750 | 16,250 |
of the public prosecutor's office. Their training and activities were the same as those of all other branches of the administration. The activities of administrative officials consisted of personnel matters; economic matters, such as setting up budgets, housing, clothing, cashiers' office duties, et cetera. The adminis... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 16,200 | 16,700 |
installations. (6) If I have spoken above of the "regular" personnel of the Gestapo, then the group of persons of which I am about to speak, though formerly belonging to the Gestapo, was nevertheless incorporated in the Gestapo during the second half of the war under circumstances which cannot leave the least possible ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 16,650 | 17,150 |
45,OQO men. The above-mentioned State organism of the Political Police with its character as a branch of the State administration was outside the structure of the NSDAP and its organizations. The Gestapo was not dominated by the Party; on the contrary, its independence within the State and outside the structure of the ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 17,100 | 17,600 |
did not control the Police or exert any type of influence upon its activities; it was only in Himmler's person that there was personal union in the leadership of the two. With reference to this statement I refer you to the testimony of Dr. Best. The Gestapo as a whole had nothing to do with the SD, which, as is known, ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 17,550 | 18,050 |
had to be obeyed on the strength of the civil service law. Severe disadvantages in one's career would without a doubt have resulted from a refusal, and very probably the loss of the position held; and had such a refusal been based on the statement that for reasons of conscience the official did not sanction the activit... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 18,000 | 18,500 |
of the Gestapo-just like that of any political police-was the protection of the people and the State against attacks of hostile elements upon their existence and unhampered development. Accordingly, the task of the Gestapo is defined in Article I of the Law of 10 February 1936 (Document Number Gestapo-7) as follows; I ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 18,450 | 18,950 |
that it was not bound by law but rather that it acted purely arbitrarily. In reply to this I should like to say that if it was established in two laws (dealing with the Anschluss of Austria and the annexation of the Sudetenland) that the Chief of the German Police could take measures exceeding the existing laws, this w... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 18,900 | 19,400 |
to deal with this question, however, it appears necessary to examine, first of all, just which crimes can be proved to have been committed by the Gestapo. In order to characterize an organization as criminal, just as in characterizing an individual, only typical aspects may be considered, that is, only such actions and... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 19,350 | 19,850 |
witness Naujocks regarding the attack on the radio station at Gleiwitz and the attack of that group near Hohenlinden. He stated that, quite naturally, it was not one of the tasks of Amt IV of the RSHA to engineer border incidents. Nor did Muller select members of Amt IV for the purpose of staging the above-mentioned bo... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 19,800 | 20,300 |
They were exclusively subordinate to the leadership of the Einsatzgruppe, which received its orders in part from the Higher SS and Police Leader, in part from the High Command of the Army, and in part from the RSHA directly. Connections with their home office and the organization of the Gestapo -were almost completely ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 20,250 | 20,750 |
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