dtufail/nuremberg-trials-corpus huggingface dataset:
LT. COMDR. HARRIS: Then at this time I offer into evidence Document Number R-178, which becomes Exhibit USA-910, and I ask that the document be shown to the witness. This document was captured by a combined British-American documents exploitation team and sent to the Prosecution from the Air Documents Research Center in London. It contains detailed correspondence concerning a complaint about a certain Major Meinel against the Gestapo officers in Munich, Regensburg, Nuremberg, and Fuerth over the screening out and murdering of Russian prisoners of war. I ask that the witness turn to Document F, which is Page 7 of the English translation. You will note, Witness, that this is a report from the Gestapo office in Munich, in which are listed 18 camps screened by the Gestapo, showing a total of 3,088 Soviet prisoners of war screened, of which 410 are screened out as intolerable. You will note, following Page 8 of the English translation, that the 410 Russians sorted out belong to the following categories: officials and officers, Jews, members of intelligentsia, fanatical Communists, agitators and others, runaways, incurably sick. You will note on Page 9 of the English translation that of the 410 Russians so sorted out, 301 had been executed at the concentration camp at Dachau at the date of this report. On Page 10 of the English translation, Witness, you will find the following: Namely, that these 410 Russians screened out at Munich represent a percentage of 13 percent, whereas the Gestapo offices at Nuremberg, Fuerth, and Regensburg screened out an average of 15 to 17 percent. This report, which is signed by Schermer, states, quoting right at that same place: "The complaints of the High Command of the Armed Forces that the screening of the Russians had been carried out in a superficial manner must be mos0emphatically refuted." Now, Witness, do you know Schermer?
BEST: No; the name is ...
LT. COMDR. HARRIS: All right. Then I want you to turn to Document G. This is a report from the Gestapo office in Munich complaining about the attitude of Major Meinel; and on Page 13 of the English translation, you will find a statement that Meinel was thought to have complained to the High Command of the. Armed Forces that the Russians had been superficially screened out. Now, you will note that a report was made against Major Meinel by the SD in which Meinel was reproached with having shown, to some extent, aversion against the National Socialist creed. For example, he mentioned God but not the Fuehrer in an order of the day.
THE PRESIDENT: Where does that come from?
LT. COMDR. HARRIS: Sir, you will find that on Page 13 of the English translation, in the middle of the page. [Turning to the witness.] That was the mark of a bad National Socialist, was it not, Dr. Best-one who would put God before Hitler?
BEST: I do not know which question you want me to answer. With regard to the entire subject, I should like to emphasize that at the end of May 1940 1 left my position in the Security Police Division at the Reich Ministry of the Interior, and therefore I had no knowledge of these things, which transpired in the year 1941.
LT. COMDR. HARRIS: Then turn to Document G, Page 15 of the English translation. You will find this sentence: "Experience, however, has shown that the Russians can be compelled to work only by the utmost severity and the use of corporal punishment." Now, pass to Document H, Dr. Best. This appears on Page 17 of the English translation, this statement: "Furthermore, I pointed out to Major Meinel that the work of the Gestapo Einsatzkommandos was done with the consent of the High Command of the Armed Forces, and according to rules which had been drafted in collaboration with the High Command of the Armed Forces' Organization of Prisoners of War." Now, this document is signed by Schimmel. Was Schimmel known to you?
BEST: Schimmel? I cannot find the name Schimmel; but I do recall that there was a Regierungsrat I think, of that name, in the Gestapo.
LT. COMDR. HARRIS: Turn to Document I, then, Page 21 of the English translation. At the end of that, you will find that Meinel, in giving his reply to the accusations made against him, stated: "When I mentioned that it weighed heavily on the officers' conscience to hand over the Russian prisoners, Regierungsrat Schimmel replied that the hearts of some of the SS men who were charged with executing prisoners were all but breaking." Now, on Document M, Witness, which is Page 26, you will find a notice that the Reich Commissioner for Defense was informed about these murders, and approved of them. This was for Defense Area VII. Do you know who the Reich Commissioner for Defense was in Defense Area VII who approved these murders?
BEST: A Reich Commissioner? You mean the Reich Defense Commissioner?
LT. COMDR. HARRIS: Yes, the Reich Defense Commissioner. That is what I said.
BEST: I do not recall the Reich Defense Commissioner in Area VII, for during that time I was away from the Reich and held a position outside the Reich boundaries.
LT. COMDR. HARRIS: All right. Let us go on. There are many other cases of the screening of Soviet prisoners of war by the Gestapo for execution; that is, by local Gestapo offices within Germany proper. And I do not wish to take up further time about that. But I wish that you would turn to Document T, Witness, because I want to get evidence of the result of this conflict with Major Meinel. Document T is a teletype from the Gestapo office in Berlin, and it states: "The prisoners of war who have been screened out."
THE PRESIDENT: What page is that?
LT. COMDR. HARRIS: Page 37, Sir: "The prisoners of war who have been screened out will be transferred to the Buchenwald Concentration Camp owing to a decision arrived at in a conference with the High Command of the Armed Forces. Will you please inform the Higher SS and Police Leader today about this and also that Meinel is getting a different assignment." Now, this teletype emanated from the RSHA, Department IV A. That was the Gestapo, was it not, Dr. Best?
BEST: Yes.
LT. COMDR. HARRIS: And you see it was signed by SS Obersturmbannfuehrer Panziger. Now you know who Panziger was, do you not?
BEST: Yes. He was the deputy of Miller.
LT. COMDR. HARRIS: Yes. And he was the head of this Department IVA, which was charged with the handling of opponents and sabotage, assassinations, protective security, and matters of that sort, was he not?
BEST: He was the head of the Department IV A. Just what was dealt with in this department I cannot recall.
LT. COMDR. HARRIS: Well, you can take my word for that. That appears in Document L-219, for the Tribunal's information, and is already in evidence. Now, I wish to offer the other documents. There are five documents here which are in a group, Sir, and I will offer them in order: 4050-PS, becomes Exhibit USA-911; 4049-PS becomes USA-912; 4052-PS becomes USA-913; 4048-PS becomes USA-914; 4051-PS becomes USA-915. These documents have just come to us from the Berlin Document Center, and we have not yet been able to obtain the originals. They sent to us only the photostatic copies. We have requested the originals, and they will be here, we are assured, in a matter of days. As soon as they come, we will, with the permission of the Tribunal and the approval of counsel, substitute the originals for these photostatic copies. [Turning to the witness.] Now, Dr. Best, turning to Document 4050-PS first, you will see that this refers to the same SS Oberfuehrer Panziger. This is apparently a Foreign Office communication in which it says that Panziger reports that various changes have been made in the preparation of the matter discussed, and that he has promised a plan for the execution of our proposed action. Now, if you will turn to the enclosure, which is Document 4049-PS, you will find just what that plan was. You will see there that the plan was to transfer 75 French generals from K15nigstein, in the course of which one general by the name of Deboisse Nvas to have a misfortune-namely, his car was to break down-in order to separate him from the others. This was to provide the opportunity to have the general shot in the back while attempting to escape. You will find that this document goes on to recite all the details of completing this murder, including this interesting statement, that "A decision has as yet to be reached whether or not the burial of the urn should be carried out with military honors"; and it goes on to say that the question will be looked into once more by the SD. This is the basic report of November 1944. Now, if you will turn to the next document, 4052 ...
THE PRESIDENT: Shouldn't you read the last paragraph on Page 2?
LT. COMDR. HARRIS: Yes, Sir, I will read that. "Protecting Power investigations: It will be assured, through the selection of the persons concerned and in the preparation of all documentary evidence, that in the event of the Protecting Power being desirous of an investigation, the necessary documents are available for the dismissal of a complaint." Now, turning to the next document, Witness, 4052-PS, you will find again the reference to this infamous SS Oberfuehrer Panziger. You see, Witness, Panziger had been promoted by this time. He states that the preparations in respect to the French generals had reached the stage where a report concerning the proposed procedure would be submitted to the Reichsfuehrer SS during the next few days. And you will find that he again explains this method of murder, and he says that they will carry it out by one of two methods, either by shooting during escape, or, secondly, through poisoning by carbon monoxide gas. Now, you have noticed, Witness, that at the end of this document it shows that it was prepared for presentation to the Reich Foreign Minister, Herr Von Ribbentrop. Now, the next document is a particularly interesting one. It is Document 4048-PS. This document is dated December 30, 1944.
THE PRESIDENT: Was Ambassador Ritter the ambassador in Paris?
LT. COTMDR. HARRIS: Witness, was Ambassador Ritter the ambassador in Paris?
BEST: I do not remember exactly. That must have been some time before I knew how the diplomatic posts were filled.
THE PRESIDENT: It does not matter.
LT. COMDR. HARRIS: I am informed, Sir, that he was a liaison officer between the Foreign -Office and the Army. I am not sure of that, however. Well, passing to Document 4048-PS, here is where the whole plan is laid out in summary form, and I would like to read this briefly. This is addressed to the Reichsfuehrer SS, and it says: "The discussions about the matter in question with the chief of Prisoners of War Organization and the Foreign Office have taken place as ordered and have led to the following proposals: "1) In the course of a transfer of five persons in three cars with army identifications, the escape is staged while the last car suffers a puncture. "2) Carbon dioxide is released by the driver into the closed back of the car. The apparatus can be installed with the simplest means and can be removed again immediately. After considerable difficulties a suitable vehicle has now become available. "3) Other possibilities, such as poisoning of food or drink, have been considered but have been discarded again as too unsafe. "Provisions for the completion of the subsequent work in accordance with plans, such as report, post-mortem examination documentation, and burial, have been made. Convoy leader and drivers are to be supplied by the ESHA and will appear in Army uniform and with pay books delivered to them. "Concerning the notice for the press, contact has been established with the Geheimrat Wagner of the Foreign Office. Wagner reports that the Reich Foreign Minister wishes to speak with the Reichsfuehrer about this matter. In the opinion of the Reich Foreign Minister, this action must be coordinated in every respect. "In the meantime, it has been learned that the name of the man in question, has been mentioned in the course of various long distance calls between Fuehrer's headquarters and the chief of the Prisoners of War Organization; therefore, the chief of the Prisoners of War Organization now proposes the use of another man with the same qualifications.
LT. COMDR. HARRIS: I agree with this and propose that the choice be left to the chief of the Prisoners of War Organization." Now, by whom is this letter signed, Dr. Best?
BEST: At the foot there are the typewritten words, "Signed, Dr. Kaltenbrunner."
LT. COMDR. HARRIS: "Signed, Dr. Kaltenbrunner." Now, we will pass to the last document, 4051-PS. This is a report on a telephone conversation which carries us to January 12, 1945, and it says that-repeats that: "A French prisoner-of-war general is going to die an unnatural death by being shot in fight, or by poisoning. Subsequent matters, such as reports, post-mortem examination documentation, and burial, have been taken care of as planned."  It says that-the Reich Foreign Minister's instruction states that the matter is to be discussed with Ambassador Albrecht in order to determine exactly what legal rights the protecting power could claim in this matter in order to make our plans accordingly.  Now, who is Ambassador Albrecht?
BEST: He was the head of the juridical department in the Foreign Office.
LT. COMDR. HARRIS: Now, did you know, Dr. Best, that General Mesny, a Frenchman, was killed on this road at about this time?
BEST: I know nothing about this matter, for at that time I was active in Denmark and heard nothing about matters of this kind.
LT. COMDR. HARRIS: That concludes my cross-examination, if the Tribunal please. However, I have two documents which the French Delegation asks to be submitted. These are both documents signed by or on behalf of this defendant, Dr. Best, and with your permission, Sir, I will offer them in evidence now as -on behalf of the French Delegation. The first is Document-F-967. This relates to the deporting of Jews and Communists from France, and states that they have to hold up these deportations for a while because of lack of transportation. [Turning to the witness.] I ask you to identify your signature on that document if you will, Dr. Best, please?
BEST: Yes.
LT. COMDR. HARRIS: That will become Exhibit USA-916. The next is Document F-972, which is also a document relating to the fight against Communists in France, and I ask that the witness identify that as coming from him and having been signed on his behalf.
BEST: Yes.
LT. COMDR. HARRJS: That becomes Exhibit USA-917. If the Tribunal please, I am informed that we have just discovered a new document which is of the utmost importance but which has not yet been in any way processed, and we would like the permission of the Tribunal to submit this document later on in the course of the proceedings if and as it is ready for submission.
THE PRESIDENT: Can't it be got ready today?
MR. DODD: Mr. President, I think it may be. It was just handed to me a handwritten translation. It was just discovered in the Document Center in Berlin and I think it is of such a nature that the Tribunal should know about it. I will try and have it translated before the close of the session today, but I think it is the kind of thing that should not escape the attention of the Tribunal.
THE PRESIDENT: Yes. Well, perhaps you will make further application when you have got the document ready.
LT. COMDR. HARRIS: Yes, Sir.
THE PRESIDENT: Do you wish to re-examine?
DR. MERKEL: First of all, two brief questions relating to the questions of the defense for the SD. [Turning to the witness.] Who was at the head of the Intelligence Service after Canaris was dismissed?
BEST: I, as an outsider, learned that at that time the Intelligence Service of the Armed Forces which in the past had been led as a whole by Canaris, was divided up and attached to various offices of the Chief of the Security Police. The defensive branch was turned over to Office IV, the so-called Gestapo branch; a further part to Office VI, Foreign Intelligence Service; and then finally, the Office Mil was set up as something new.
DR. MERKEL: Did Himmler head the entire executive, especially after Heydrich's death?
BEST: Here also I can only state as an outsider that I learned that Himmler, after Heydrich's death, took over the leadership of the Security Police.
DR. MERKEL: One question relating to Denmark. What was the organizational difference between the Gestapo in the Reich itself and the Security Police units which were on duty beyond the boundaries of the Reich?
BEST: Within the Reich there were established state agencies of the Gestapo whose tasks were laid down in laws, decrees, orders, and regulations. In the occupied areas there were Einsatzkommandos composed of members of the Gestapo, the Criminal Police, the SD, and numerous other auxiliaries whose duties were not always alike nor clearly defined but varied according to instructions of the central offices in Berlin and sometimes according to the directives received from Higher SS and Police Leaders, Reich commissioners, and so forth.
DR. MERKEL: For how long have you known the witness Naujocks?
BEST: I believe that I met him some time before I left my job with the Security Police, but I saw him very seldom and had no personal connections with him at all.
DR. MERKEL: Do you know that Naujocks, about 6 months before the end of the war, deserted to the Americans?
BEST: I was told about that here.
DR. MERKEL: The murders, as described by Naujocks -- were they murders of the Gestapo?
BEST: No. The Gestapo proper, that is the executive branch of the commander of the Security Police, did not carry out these deeds. They were committed by special forces who were directly responsible to the Higher SS and Police Leader.
DR. MERKEL: Were the executions of Russian prisoners of war in German concentration camps known generally to the public?
BEST: No. At any rate, I can say that despite my prominent position I have learned of these matters now in the course of this Trial only.
DR. MERKEL: Does the recommendation of your book by the Reich Minister of the Interior mean that, according to this recommendation, the book received an official character?
BEST: I do not believe so, for without doubt in the same office and in the same way numerous books were recommended, books which in no way were published by State agency or published on behalf of that agency.
DR. MERKEL: Your Honor, I have no further questions. DR. HANS LATERNSER (Counsel for General Staff and High Command of the German Armed Forces): Mr. President, I should like to clarify one question only which has arisen during the cross examination.
THE PRESIDENT: Yes, Dr. Laternser.
DR. LATERNSER: Witness, you were shown the Document R-178. On Page 26 of this document, in the center of the page you will find that the Reich Commissioner for Defense in the defense areas agreed to the selection of the Russian prisoners of war and their murder. Then the prosecutor asked you just who this Reich Commissioner for Defense was at the time and you said that you did not know. Now I should like to ask you, who usually was the Reich Commissioner for Defense. Was not that the Gauleiter?
BEST: Sometimes it was the Gauleiter and sometimes, if I remember correctly, they were senior officials, Oberprdsidenten and men of that kind; the ministers of the various states.
DR. LATERNSER: The Reich Commissioners for Defense, therefore, were not military offices, purely military agencies under the OKH, is that right?
BEST: No. As far as I remember-the organization at that time, the answer is "no."
DR. LATERNSER: Thank you very much. I have no further questions.
THE PRESIDENT: The witness can retire.
DR. MERKEL: I have another witness, and so as not to interrupt the interrogation, it would perhaps be better to have our recess now, Your Honor.
THE PRESIDENT: Very well. [A recess was taken.]
DR. MERKEL: With the permission of the Tribunal, I call the witness Karl Heinz Hoffmann. [The witness Hoffmann took the stand.]
THE PRESIDENT: Will you state your full name, please?
KARL HEINZ HOFFMANN (Witness): Karl Heinz Hoffmann.-
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.
DR. MERKEL: When and how did you come to the Secret State Police?
HOFFMANN: After I passed the final juridical state examination in the year 1937, I applied to three administrative offices for a job. The first offer of employment I received was from the State Police, and I accepted it. After one year on trial at the State Police office at Koblenz, I was appointed deputy of the chief, and government political adviser. A year later, in 1939, I was transferred, in the same capacity, to Duesseldorf. There I was appointed to the position of Reich Defense adviser to the Inspector. Then when the Security Police was put to work in Holland I went there as a leading administrative executive. In September 1940 I was transferred to the Reich Ministry of the Interior, Gestapo office, and there I was put in charge of the Department for Western European Occupied Territories. In September 1943 I was sent to the BDS, Denmark, as chief of Department IV.
DR. MERKEL: You say that you were with two State Police offices. That was Koblenz and Duesseldorf as deputy chief?
HOFFMANN: Yes.
DR. MERKEL: What was the relation of these Gestapo offices to the internal administration?
HOFFMANN: The chief was political expert to the Regierungspräsident and chief of the office of the Oberpräsident. In towns and districts in which there were no branch offices of the Stapo, its lower levels were represented by the district and local police officials, and the gendarmerie. Approximately 80 percent of all matters came from these police offices.
DR. MERKEL: Could the NSDAP issue any directives to the State Police?
HOFFMANN: According to existing laws they could not. Only in places where the Gauleiter also held the position of Oberpräsident or Reichsstatthalter it was possible.
DR. MERKEL: How was it in practice? How did it work out?
HOFFMANN: In practice, the intermediate and lower offices sometimes tried to interfere. But the Police rejected that, and the interference was mostly attempted when Party members only were involved in proceedings.
DR. MERKEL: Was it not the task of the Gestapo to further the ideological aims of the Party?
HOFFMANN: No. The tasks of the, State Police were purely counterintelligence against attacks directed against the State, and that within the legal provisions and regulations.
DR. MERKEL: Was the basic tendency of the Gestapo's work therefore aggressive or defensive?
HOFFMANN: It was defensive and not aggressive: That can be seen, first of all, from the following fact: When, in 1944, the duties of the counterintelligence offices were transferred to Police and SD offices, the State Police received only the purely counterintelligence tasks, whereas active espionage and sabotage were transferred to Amt Mil or Amt VI.
DR. MERKEL: Did officials of the Gestapo generally have any special privileges, for instance by being offered an opportunity to acquire objects which had been confiscated by the Gestapo, and put to auction?
HOFFMANN: It had been prohibited by a decree that officials of the State Police could acquire objects which had been confiscated and put to auction. In the same way, the officials had no opportunity to participate in the Aryanization of business establishments in any way, and the immediate acquisition of Jewish property was also prohibited for them.
DR. MERKEL: You took part as a leading administrative official when the Sipo entered Holland, did you not? Was there any special previous training of the employees for this assignment?
HOFFMANN: No. No mobilization measures at all were provided, such as the procurement of interpreters or the increase of the staff by any additional assistants. Also, the regulations about pay and other economic regulations were not clear, so that we were not prepared for such tasks.
DR. MERKEL: Did the Gestapo take part in a conspiracy the purpose of which was the planning, preparing, and waging of aggressive war?