dtufail/nuremberg-trials-corpus huggingface dataset:
MR. COUNSELLOR SMIRNOV: On I July I was very busy with the last examinations before the Commission; for example, the witness Eberstein and the witness Reinecke I examined only on 5 and 6 July before the Commission, so that I could not prepare the testimony of this witness. As a result, I was able only after the end of the activity of the Commission to prepare affidavits with him. These are, I believe, Affidavits 65 and 67, but these affidavits do not show matters as clearly as if I were to examine him now, Your Lordship, and I respectfully submit that perhaps not I but the Tribunal might examine him if the rules allow this. THE PRESIDENT: Who is the witness you are intending to dispense with? HERR PELCKKANN: Hinderfeld. THE PRESIDENT: Mr. Elwyn Jones, what view do the Prosecution take to this application? MAJOR JONES: I suggest, My Lord, that it is-that it might be possible for a fuller affidavit to be taken by this witness and that might possibly meet the case. But in view of the fact that the Defense are abandoning one witness, I would not press that view, but I do respectfully suggest that, in view of the time that has been taken on this organization, that an affidavit might be appropriate, particularly as Dr. Pelckmann is dealing with matters-dealing with that part of the case in which the Tribunal is especially interested. THE PRESIDENT: What do you say to that, Dr. Pelckmann? Could you not put the same questions to this witness, and could he not incorporate into his affidavit the point you want him to? He has already had three affidavits. HERR PELCKMANN: Certainly, Your Lordship. I have in mind the following. The Prosecution called a witness, Sievers, in order further to support their position and I think that if I want to support the testimony of the witness Reinecke by calling another witness here that might be more or less on the same basis, and by the 483 7 Aug.
MR. COUNSELLOR SMIRNOV: 46 testimony of a witness the matters of the concentration camps, the secret sphere of the concentration camp organization and the penetration of the legal authorities into it, might be cleared up more thoroughly for the Court than by an affidavit. THE PRESIDENT: This witness of yours, is he here? HERR PELCKMANN: He is in the witness building. THE PRESIDENT: Were you proposing to call him next? HERR PELCKMANN: I could do so. If the Prosecution wish to call their two witnesses first, I could interrupt, Your Lordship. THE PRESIDENT: Dr. Pelckmann, have you any idea as to how long you will be with this witness if you do' call him? HERR PELCKMANN: Forty-five minutes to an hour. THE PRESIDENT: Well, then, if you wish it, and you dispense with calling the witness Dr. Hindenberg, or whatever his name is, you may call Dr. Morgen. HERR PELCKMANN: Thank you, Your Lordship. I call the witness Dr. Morgen. MAJOR JONES: If Your Lordship pleases, the witness is, of course, in the prison at the moment, and it might therefore be convenient to call the witness for whom Dr. Pelckmann has asked for cross-examination, who is available immediately, and no doubt the Marshal can make the necessary arrangements for the other one. THE PRESIDENT: Dr. Sievers, is it not? MAJOR JONES: No, My Lord, there is a short one first, the witness Izrael Eizenberg, whose affidavit is Document Number D-939, GB-563. THE PRESIDENT: Eisberg? MAJOR JONES: Your Lordship, Eizenberg, it is. THE PRESIDENT: Yes. Marshal, will you bring in Eizenberg and send for Morgen. [The witness Eizenberg took the stand.] THE PRESIDENT: Will you state your full name, please. IZRAEL EIZENBERG (Witness): Izrael Eizenberg. THE PRESIDENT: Will you repeat this oath after me: I swear by God-the Almighty and Omniscient-that I will speak the pure truth-and will withhold and add nothing. [The witness repeated the oath.] THE PRESIDENT: You may sit down. MAJOR JONES: Witness-I just want to put the statement to the witness, My Lord-Witness, are you Izrael Eizenberg, of 203, Reinsburgstrasse, Stuttgart? 484 7 Aug. 46 EIZENBERG: Yes.
MR. COUNSELLOR SMIRNOV: MAJOR JONES: Will you look at the affidavit D-939, Exhibit GB-563. Just look at it. Is that your statement? EIZENBERG: Yes, I signed it. MAJOR JONES: And is it true? EIZENBERG: Yes, it is. MAJOR JONES: Witness, I notice you have a scar on your face. Will you tell the Tribunal how it was caused? EIZENBERG: Yes, I can tell the Tribunal. In October 1942-at the end of October 1942-I was shot at in Maidanek Camp together with many other Jews. The bullet hit my left cheek and I lay there from 9:30 in the evening until 4:30 in the morning. When people were removing the corpses, I was taken away with another man whose name was Stagel; we were the only survivors. MAJOR JONES: And how many were killed on that occasion? EIZENBERG: At 9:30 in the evening groups composed of about 1,000 or more people were conducted to a field. I was among them. Then they fired at us and I remained, lying on the field until 4:30 in the morning. MAJOR JONES: Now, just answer this last question, who were the killers? EIZENBERG: They were SS men in SS uniforms. MAJOR JONES: I have no further questions, My Lord. HERR PELCKMANN: Witness, I know your affidavit. As far as I can see from it, you were in Lublin, at first in Lublin. Were there SS men there too, whom you got to know? EIZENBERG: Yes, I knew many of them. I was working in the SS staff offices as an electrician and I was there very often in order to make electrical installations. HERR PELCKMANN: In your affidavit you have given some names-Riedel, Mohrwinkel, and Schramm. EIZENBERG: Yes, I knew them personally. HERR PELCKMANN: They were on this staff? EIZENBERG: Yes, they were on the staff, and its office was located at 21 Warsaw Street. HERR PELCKMANN: Do you also know exactly the ranks which you mentioned in your affidavit as being held by these persons? EIZENBERG: Yes, I know them. HERR PELCKMANN: What, for example, was Riedel? EIZENBERG: Riedel was an Unterscharfuehrer. 485 7 Aug. 46 HERR PELCKMANN: And Mohrwinkel? EIZENBERG: At first he was a Rottenfuehrer and then, as a result of this action, he was promoted to Untersturmfuehrer.
MR. COUNSELLOR SMIRNOV: HERR PELCKMANN: You just said that Riedel was an Unterscharfuehrer. In your affidavit you said he was an Oberscharfuehrer. EIZENBERG: He had white braid on his shoulder-straps. HERR PELCKATANN: Now, I show you a picture. Please tell me whether that is Riedel or Mohrwinkel, and what is the rank of this SS man. EIZENBERG: This man is neither Mohrwinkel nor Riedel. HERR PELCKMANN: And what is his rank? EIZENBERG: It seems to me that he is a Rottenfuehrer, because there-is nothing on his shoulder-straps, and only a badge on his sleeve. HERR PELCKMANN: Thank you. Now, I shall show you another picture. If I remember the other picture correctly, this would, also have to be a Rottenfuehrer? EIZENBERG: I cannot tell with certainty, but the other one had on his shoulder-straps a white edge all round and here I see two white stripes on this photo, HERR PELCKMANN: Thank you, Witness. THE PRESIDENT: Is that all you wanted? HERR PELCKMANN: I have no more questions, Your Lordship. THE PRESIDENT: The witness can retire. HERR PELCKMANN: For the information of the Tribunal, I should like to say that these photographs came from the book in Polish on the Warsaw atrocities submitted by the Prosecution yesterday, and the photographs do not show men of the Waffen-SS at all, but policemen. The witness did not notice that. THE PRESIDENT: Well, the witness said he had never seen them before. The witness said he had never seen the man before. We do not need to argue about it. Now, who is your next witness? HERR PELCKMANN: May I submit these pictures to the Tribunal or are they known? They are in the Polish book, in Polish, on Pages VIII, no, IX and XI. It is merely a question of uniform, Mr. President. THE PRESIDENT: You can certainly put them in if you think it worth while; but now will you get on with your case. Is there another witness that you are going to call before Dr. Morgen? HERR PELCKMANN: Yes; I believe the witness Sievers was called by the Prosecution, Your Lordship. 486 7 Aug. 46 THE' PRESIDENT: Well, is he here? THE MARSHAL: Yes, Mr. President. THE PRESIDENT: Well, call him then.
MR. COUNSELLOR SMIRNOV: THE MARSHAL: Both witnesses are here now, Your Honor, both Sievers and Morgen. THE PRESIDENT: We will go on with Sievers now. MAJOR JONES: Perhaps, My Lord-you did indicate, My Lord, it might be more convenient for Dr. Pelckmann to finish with his witness before Dr. Sievers. THE PRESIDENT: Very well, I do not mind. Call Dr. Morgen then. [The witness Morgen took the stand.] Will you state your full name, please? GEORG KONRAD MORGEN (Witness): Georg Konrad Morgen. THE PRESIDENT: Will you repeat this oath after me: I swear by God-the Almighty and Omniscient-that I will speak the pure truth-and will withhold and add nothing. [The witness repeated the oath.] THE PRESIDENT: You may sit down. HERR PELCKMANN: Witness, in view of the importance of your testimony, I will first ask you in detail about your person. Were you an SS judge of the Reserve? MORGEN: Yes. HERR PELCKMANN: Please speak slowly and pause after each question. What training did you have? MORGEN: I studied law at the Universities of Frankfurt on the Main, Rome, Berlin; at the "Acad6mie de Droit International" at 'The Hague and the "Institute for World Economy and Ocean Traffic" in Kiel. I passed the first examination and the State law examination. Before the war I was a judge at the Landgericht in Stettin. HERR PELCKMANN: Were you a specialist in criminology and in criminal law? MORGEN: No, I had specialized in international law, but later, during the war, when I had to deal with criminal matters and penal law, I did special work in that field. HERR PELCKMANN: How did you come to the SS? MORGEN: I was drafted compulsorily into the General SS. In 1933, 1 belonged to the Reich Board for Youth Training, whose ,students' group was completely incorporated into the General SS. At the beginning of the war I was drafted into the Waffen-SS. 487 7 Aug. 46 HERR PELCKMANN: What rank did you have there? MORGEN: In the General SS I was Staffelanwarter and SS Rottenfuehrer. In the Waffen-SS I was in the end Sturmbannfuehrer of the Reserve.
MR. COUNSELLOR SMIRNOV: HERR PELCKMANN: What example can you give that you did not believe you were joining a conspiracy when you entered the SS-very briefly; please. MORGEN: In 1936 I published a book on War Propaganda and the Prevention of War. This book, at a time when war was threatening, showed ways and means to prevent war and to forestall the incitement to hostility between nations. The book was examined by the Party and published. Therefore, I could not suppose that the SS or the policy of the Reich Government was directed toward war. HERR PELCKMANN: How did you come to make investigations in the concentration camps? MORGEN: At the order of the Reichsfuehrer SS, and due to my special abilities in criminology, I was detailed by the Main Office SS Courts to the Reich Criminal Police Department in Berlin, which was equivalent to a transfer. Shortly after I arrived there, I was given an assignment to investigate a case of corruption in Weimar. The accused was a member of the concentration camp of Weimar-Buchenwald. The investigations soon led to the person of the former Commander Koch and many of his subordinates, and beyond that they affected a number of other concentration camps. When these investigations became more extensive, I received full authority from the Reichsfuehrer SS to engage generally in such investigations in concentration camps. HERR PELCKMANN: Why was a special power of attorney from the Reichsfuehrer necessary? MORGEN: For the guards of the concentration camps, the SS and Police courts were competent; that is, in each case the local court in whose district the concentration camp was located. For that reason, because of the limited jurisdiction of its judge, the court was not able to act outside its own district. In these investigations and their extensive ramifications it was important to be able to work in various districts. Besides that, it was necessary to use specialists in criminal investigation, in other words, the Criminal Police.
MR. COUNSELLOR SMIRNOV: The Criminal Police however could not carry on any investigation directly with the troops, and only by combining juridical and Criminal Police activities was it possible to clear this up, and for this purpose I was given this special power of attorney by the Reichsfuehrer. HERR PELCKMANN: Now, how extensive did these investigations become? You can be brief because the witness Reinecke answered this point in part. 488 7 Aug. 46 MORGEN: I investigated Weimar-Buchenwald, Lublin, Auschwitz, Sachsenhausen, Oranienburg, Hertogenbosch, Krakow; Plaszow, Warsaw, and the Concentration Camp Dachau. And others were investigated after my time. HERR PELCKMANN: How many cases did you investigate? How many sentences were passed? How many death sentences? MORGEN: I investigated about 800 cases, that is, about 800 documents, and one document would affect several cases. About 200 were tried during my activity. Five concentration camp commanders were arrested by me personally. Two were shot after being tried. HERR PELCKMANN: You had them shot? MORGEN: Yes. Apart from the commanders, there were numerous other death sentences against Fuehrer and Unterfuehrer. HERR PELCKMANN: Did you have any opportunity of gaining personal insight into the conditions in concentration camps? MORGEN: Yes, because I had authority to visit concentration camps. Only a very few persons had this permission. Before beginning an investigation, I examined the concentration camp in question in all its details very closely, inspecting especially those arrangements which seemed particularly important to me. I visited them repeatedly and without notice. I was working mostly in Buchenwald itself for 8 months and have lived there. I was in Dachau for one or two months. HERR PELCKMANN: Since so many visitors to concentration camps say they were deceived, do you consider it possible that you, too, were a victim of such deceit? MORGEN: I have just pointed out that I was not a mere visitor to a concentration camp but I had settled down there for a long residence, I might almost say I established myself there.
MR. COUNSELLOR SMIRNOV: It is almost impossible to be deceived for such a long time. In addition, the commissions from the Reich Criminal Police Department worked under my instructions, and I placed them directly in the concentration camps themselves. I do not mean to say that in spite of these very intensive efforts I was able to learn of all the crimes, but I believe that there was no deception in regard to what I did learn. HERR PELCKMANN: Did you gain the impression, and at what time, that the concentration camps were places for the extermination of human beings? MORGEN: I did not gain this impression. A concentration camp is not a place for the extermination of human beings. I must say that my first visit to a concentration camp-I mentioned the first one was Weimar-Buchenwald-was a great surprise to me. The 489 7 Aug. 46 camp is situated on wooded heights, with a wonderful view. The installations were clean and freshly painted. There was much lawn and flowers. The prisoners were healthy, normally fed, sun-tanned, working ... PRESIDENT: When are you speaking of? When are you speaking of? MORGEN: I am speaking of the beginning of my investigations in July 1943. HERR PELCKMANN: What crimes did you discover? MORGEN: Pardon me, I had not-may I continue? HERR PELCKMANN: Please, be more brief. MORGEN: The installations of the camp were in good order, especially the hospital. The camp authorities, under the Commander Diester, aimed at providing the prisoners with an existence worthy of human beings. They had regular mail service. They had a large camp library, even books in foreign languages. They had variety shows, motion pictures, sporting contests and even had a brothel. Nearly all the other concentration camps were similar to Buchenwald. PRESIDENT: What was it they even had? MORGEN: A brothel. HERR PELCKMANN: What crimes did you learn about? MORGEN: As I said before, the investigations were based on a suspicion of corrupt practices. In time however, I was obliged to come to the conclusion that besides those crimes, killings had also occurred.
MR. COUNSELLOR SMIRNOV: HERR PELCKMANN: How did you reach the suspicion that killings had occurred? MORGEN: I learned that the starting point for the corruption was the assignment of Jews to the camps after the action of 1938. I made it a point to learn all the possible facts about this action, and in doing so I found that the majority of the prisoners who were suspected of knowing something about these cases of corruption, had died. This peculiar frequency of killings was noticeable; it struck me because other prisoners who were not in any key positions remained in Buchenwald for years in the best of health, and were still there, so that it was rather remarkable that it was just certain prisoners who might have been possible witnesses who had died. I thereupon examined the files concerning these deceased prisoners. The files themselves offered no clues to suspect illegal killings. The dates of the deaths were years apart and in each case different causes of death were given. But it struck me that the majority of these deceased, prisoners had been put into the camp 490 7 Aug. 46 hospital or in arrest shortly before their death. This aroused my suspicion for the first time that in these two places murders of prisoners might possibly have occurred. Thereupon I appointed a special official, whose sole task was to investigate the suspicious circumstances, and follow up the rumors which were circulating about the detention quarters, the so-called "Bunker," regarding this killing of prisoners. This very zealous and able detective had to report again and again that he had not found the faintest clue for my suspicions. After two weeks of completely unsuccessful activity, the detective refused further services and asked me ironically whether I myself believed that such rumors of illegal killing of prisoners could be true. Much later, and only by chance did I hit upon the first clue; it struck me that the names of certain prisoners were listed at the same time in the rolls of the camp prison as well as in those of the hospital.
MR. COUNSELLOR SMIRNOV: In the prison rolls, for example, it said, "Date of release 9 May, 12 o'clock." In the hospital register, "Patient died 9 May, 9:15 a.m." I said to myself, this prisoner cannot be in the camp prison and at the same time a patient in the hospital. False entries must have been made here. I therefore concentrated my efforts on this and I succeeded in getting behind this system, for it was a system, under Commander Koch. The prisoners were taken to a secret place and were killed there, mostly in a cell of the camp prison, and sick reports and death certificates were prepared for the files. They were made out so cleverly that any unprejudiced reader of the documents would get the impression that the prisoner concerned had actually been treated and had died of the seri6us illness which was indicated. HERR PELCKMANN: Then what did you do after learning of these facts? MORGEN: I found out that the medical officer at Buchenwald, SS Hauptsturmfuehrer Dr. Hoven, was principally responsible and I had him arrested. I informed my investigating commission in the concentration camps, with which we had to deal, of these cunning forgeries and directed their particular attention to investigating systematically whether in other concentration camps such murders had also taken place. We satisfied ourselves at the time of the investigation-and I am speaking of the second half of 1943-that in the Concentration Camps Buchenwald, Sachsenhausen, and Dachau to the best of our knowledge no such killings occurred. In the other concentration camps, however, such cases were found. The persons believed to be guilty were accused, arrested, and charged. HERR PELCKMANN: Why was this not done earlier? MORGEN: I have already said that these deceptive measures were so cunningly contrived that it was not possible to discover them earlier. Above all there was no possibility of clearing up the 491 7 Aug. 46 matter, and then those things-were always done without witnesses.
MR. COUNSELLOR SMIRNOV: These cases should at all events have been investigated by the SS courts and they were investigated, for every unnatural death of a prisoner had to be reported by teletype to the central offices. Besides that, the specially sworn-in court officer who was in the camp had to go immediately to the place of the occurrences to question the witnesses; sketches and photographs had to be made of the scene and it was a regulation that an autopsy had to take place in every such case of unnatural death. These reports of unnatural deaths, or of deaths suspected of being unnatural, were sent regularly to the SS and Police court; but as I have already said, these reports were so cunningly contrived and the files were in such good order, that even an expert could not have suspected an illegal killing. Of course, proceedings against members of the concentration camp personnel were frequently instituted, some followed by sentences, even death sentences. But these criminal acts seemed to be within range of the usual army rate of 0.5 percent to 3 percent. If nothing at all had been reported to the SS courts from the concentration camps, or if numerous reports had been made, then it would of course have seemed suspicious. But it was a normal average and nobody could suspect that the concentration camps were a hotbed of such dangerous crimes. It was only through my investigation, which as I said was caused by accident, that we received our first insight into the true state of affairs. HERR PELCKMANN: How did you come onto the track of mass killings? You have just spoken of individual killings. MORGEN: I found traces of mass destructions also by chance. At the end of 1943, 1 discovered two trails at the same time, one leading to Lublin and the other to Auschwitz. HERR PELCKMANN: Please describe the Lublin trail first. MORGEN: One day I received a report from the commander of the Security Police in Lublin. He reported that in a Jewish labor camp in his district a Jewish wedding had taken place.